Friday, 1st August 1913 Acquitted In The Same Court, She Believes His Innocent, The Atlanta Constitution

Reading Time: 16 minutes [2560 words]

 

Photo by Francis E. Price. Staff Photographer.

Mrs. Callie Scott Appelbaum, who was tried before Judge Roan for the murder of her husband, Jerome Appelbaum, and declared "not guilty," and Leo M. Frank, who is now on trial charged with the murder of Mary Phagan. Mrs. Appelbaum was an interested spectator at Frank's trial Thursday afternoon.

PAGE 3, COLUMN 1

REPRESENTING STATE IN FRANK TRIAL

Left to right: Solicitor General Hugh M. Dorsey, Assistant Solicitor E. A. Stephens, and Attorney Frank A. Hooper.

PAGE 4, COLUMN 1

Spots Were Large As Fan,

Declares Woman Who Saw Them

Mrs. George W. Jefferson, who is an employee of the pencil factory, was best called to the stand. Her examination was begun by Solicitor Dorsey.

"Where do you work?"

"In the National Pencil factory."

"Where were you working Friday, April 24."

"In the National Pencil factory."

"Were you there Monday?"

"Yes."

"Yes."

"Did you see anything on the floor near a dressing room?"

"Yes. It looked like something white had been spread over a spot of blood."

"How far is the polish room from the ladies' dressing room?"

"Four or five feet."

"How far are the cords from the dressing room?"

"They are hanging up on the wall."

"Is there any red paint in your department used in polishing pencils?"

"Yes."

"Is there any difficulty in distinguishing the different shades of red paint?"

"Yes."

Attorney Rosser took up the interrogation.

Spots Were Big as Fan.

"Could you tell how long that dark spot had been there?"

"No."

"That is a very dirty, greasy floor, isn't it?"

"Yes."

"Did you know Mary Phagan?"

"Yes. Had known her for a year. I've been working at the pencil factory for three years."

"You say the entire spots were as big as your fan?"

"Including the white stuff, they were."

"How big were the dark spots?"

"Smaller than the palm of your hand."

Solicitor Dorsey resumed questioning the witness.

"Where are the pencils painted?"

"On the third floor."

"Where are the pencils painted?"

"On the third floor."

"Where is paint of any kind used on the second floor?"

"Only in the polish room."

Attorney Rosser again began interrogating.

"These wrapping cords, the kind found around the little girl's throat, are scattered all over the factory, aren't they?"

"They are supposed to be kept only in our department on the third floor."

"Don't they ever get into the basement in the trash or sweepings?"

"I've never been in the basement."

Here the solicitor took the witness.

"Is there any need for the cords in the basement?"

"Not that I know?"

She was then called from the stand.

PAGE 4, COLUMN 1

"I've Been Trapped By Witness,"

Cries Dorsey When Holloway

Goes Back on His Affidavit

E. F. Holloway, a general superintendent in the pencil factory, who has been in the employ of that concern for three years, was called to the stand, it was during Holloway's statement that the solicitor charged him with having trapped the state in attesting his signature to a sworn statement and making a conflicting statement before the jury.

"How long have you been employed at the pencil factory?" the solicitor asked.

"Three years?"

"Are you working there now?"

"Yes."

"Were you there on Saturday, April 26?"

"There from 6:30 a. m. until 11:25 a. m."

"What is your business?"

"Attending to the elevator, freight and looking after general business."

"What do you do upon leaving in reference to the elevator?"

"Did you leave the elevator unlocked on Saturday, April 26?"

"Yes."

Trapped by Witness.

Instantly upon the witness' answer the solicitor cried to Judge Roan:

"Your honor, I've been trapped by the witness. On May 12, before Detectives Campbell, Starnes, John Black and my stenographer, Mr. Holloway swore that he had locked this power box on Saturday, April 26, and that he always kept It locked."

Holloway, in answer to this, said:

"I said I had locked it on Friday."

Dorsey:

"He swore on May 12 that he had locked it on Friday and Saturday, didn't you, Mr. Witness?"

"I don't remember."

"Will you deny having sworn it?"

"No."

"Was it locked that Saturday?"

"No."

"Why did you say it was locked?"

"Because I forgot."

He Signed Affidavit.

"You signed your name to this affidavit and read it, didn't you?"

"Yes."

"Did you notice J. M. Cantt's association with Mary Phagan?"

"Yes."

"Where?"

"Sometimes at the register."

Rosser took the witness.

"Anybody, on Saturday, 26, could have walked from any floor in the factory without being stopped."

"Yes."

"The front doors were unlocked all morning?"

"Yes."

"Den ham and White asked you to saw some timber?"

"Yes."

"You had to switch on the power to saw with, didn't you the same power that runs the elevator and you left the switch unlocked?"

"Yes."

"The metal room floor is dirty and greasy, isn't it?"

"Dirtiest in town."

"Has it been washed in three years?"

"No."

Analine Put on Floor.

"Is analine ever put on the floor?"

"Every day."

"Is it unusual to see spots on the floor?"

"No."

"How many women work in the plant?"

"About 100"

"Eleven work in the paint department?"

"Yes."

"Have you ever seen spots that look like blood in the metal room?"

"Yes."

"Barrett discovered about everything that was discovered, didn't he the blood, the hair, the envelope?"

"He claims to have discovered them."

"Did you see Newt Lee when you went in Saturday?"

"Yes."

"Who else did you see?"

"Harry Denham and Alonzo Mann."

"Where did Mr. Frank go when he got there?"

"Into his office."

"Who was the next man?"

"Mr. Darley."

"Who was the next man or woman?"

"Mattie Smith."

"Did you turn the building over to Newt Lee?"

"Yes."

"How many negroes worked in the building?"

"Seven or eight."

Always Sweeping.

"Did you ever hear of a man named Stanford who had a mania for sweeping out and couldn't stop until he had swept the whole floor?"

"Yes. He did it frequently."

"Do you remember seeing Mrs. Arthur White at the plant on the morning you left?"

"Yes."

"Do you remember Miss Hall coming in?"

"Yes."

"What was she doing?"

"Writing on the typewriter."

"Remember Frank coming back from Montag's?"

"Yes."

"Do you use these wrapping cords in any other part of the building beside the third floor?"

"Yes everywhere."

"Don't some of them get into the trash?"

"Every day."

Did Not See Phagan.

"Did you see Mary Phagan that Saturday?"

"No."

"Did you see Monteen Stover?"

"No."

"Was Jim Conley familiar with the metal room?"

"Sure he was. With every part of the factory."

The solicitor took the witness.

"Where were Denham and White working on the third floor?"

"Thirty feet from the elevator."

"What kind of lock was on the door where the blood was said to have been?"

"Common lock."

"Why are these wrapping cords used on the second floor?"

"To wrap up pencils."

"Who ever tied up pencils on the second floor?"

"Nobody."

Attorney Arnold began interrogating.

Forgot to Tell Dorsey.

"You forgot to tell Mr. Dorsey of sawing planks for Denham and White and, upon recollecting it, remembered about leaving the switch unlocked?"

"Yes."

"The elevator makes a lot of noise?"

"It surely does."

Further questions were asked by Mr. Dorsey.

"Does the elevator or motor make the most noise?"

"Motor."

Upon removing Holloway from the stand. Judge Roan adjourned Thursday's session.

PAGE 4, COLUMN 3

FRANK'S PRESENCE IN OFFICE

At Time He Says He Was There

IS DENIED BY GIRL ON STAND

Following the Pinkerton detective testimony the state introduced Miss Monteen Stover, who worked in the factory when Mary Phagan did. The girl was rather abashed when she first appeared, but turned out to be a witness who could relate exactly what she started out to tell and who did not seem to get confused.

"Where do you work?" asked the solicitor of the girl.

"Nowhere."

"Were you working on April 26?"

"No."

"When did you last work before the murder?"

"On the Monday before the murder," she answered.

"Were you in the factory on April 26?"

"Yes, at 12:05."

"How long did you stay there?"

"Five minutes."

"Why did you go there?"

"To get my pay."

"What part of the factory were you in?"

"I was on the second floor in Mr. Frank's office."

"Was Frank there, or was anybody in the building?"

"Mr. Frank was not there and I saw no one in the building."

"How about the door just east of the girls' dressing room, was it open or closed?"

"I don't know."

"How were you dressed?"

"I wore a little yellow hat, a brown dress and had on tennis slippers."

Entered Building at 12:05.

"Did you look at the clock?"

"Yes, the first thing I did on going in was to look at the clock and it showed that it was 12:05, and I looked at it when I went out and it showed 12:10."

"Did you see a coat or hat or any part of a man's apparel in Frank's office?"

"No."

"Why did you leave?"

"I thought that they had finished paying off."

"Ever go into that office before?"

"No."

"May I show the witness this affidavit which she made and signed, your honor?" asked Mr. Dorsey.

"He's got no right to do that," objected Mr. Rosser.

"I want to refresh her memory about the dressing room door which she says was sometimes open and sometimes closed."

When the girl stated that she had signed the affidavit after it had been read to her, but had not read it herself. Judge Roan ruled that it could not be used to refresh her mind.

Mr. Dorsey then declared he wanted to look up the law on that question and turned the witness over to the defense for cross-examination.

"When did you leave home, Miss Monteen?" asked Mr. Rosser.

"I don't remember."

"Are there one or two offices on the second floor?"

"Two."

"Did you notice the safe?"

"No."

"Did you notice a wardrobe in which men's clothes were put?"

"No."

The witness was then asked many questioned about the details of the office, but could give little in reply.

Waited on Bench in Hall.

"You saw no one in the office and didn't wat; I presume?" said Mr. Rosser.

"I stayed there long enough to see that no one was in and then I went out into the hall and sat on a bench near the clock for about one and a half minutes."

"Did you see any one you knew on your way to or from, the factory?"

"No."

"Who saw you when you first got home?"

"My mother."

"Who else?"

"Mr. McElreath and Mrs. Lagerson."

Attorney Rosser questioned the witness very carefully as to the first names or addresses of these persons as though he desired to get in touch with them. She knew the first name of neither, but declared McElreath was an insurance man.

"Did you go directly home from the factory?"

"Yes."

"Do you work in the metal department?"

"No."

"How often have you talked with Mr. Dorsey about this?"

"Once."

"Did you work on the fourth floor?"

"Yes."

"Who's your foreman?"

"Arthur White."

"Do you get paid off in the office?"

"No, outside."

"Does Schiff pay off?"

"Sometimes he does and sometimes another man does."

"Do you know anybody on the second floor?"

"Yes: Mr. Darley and some of the girls who work there."

Affidavit Read by Girl.

After an argument the solicitor then won his point for the girl to read her signed affidavit. She was told to read her signed affidavit. She was told to read it to herself and read slowly and with perfect composure, her lips moving as she scanned the words, like a child would do.

"Well, what about that back door now?" asked Mr. Dorsey.

"Sometimes it was open and sometimes it was closed," replied the girl, sticking to her original statement on the stand.

"When the factory was not running?"

"Oh, the door was closed then," she said.

"All the time?" asked the solicitor.

"Yes."

He then made her tell that the door referred to was one leading back to the metal room and situated near the girls' dressing rooms.

Mr. Rosser then asked her if she went to the solicitor's office before or after going to the grand jury, and she said before. She was allowed to come down from the stand at 11:40, after being up for about 40 minutes.

During Miss Stover's testimony Leo Frank, the defendant, paid more attention to the examination of her than he had previously to any witness. When she was telling that she had been in the factory and found him not in his office at the very time he claims to have been there, he appeared to take a deep interest in what she said and eat staring at her and passing his hand over his chin after the manner described by Detective Scott.

PAGE 4, COLUMN 3

With his Pretty Wife Watching,

Scott Holds Own With Rosser

While Detective Harry Scott was upon the witness stand yesterday morning a pretty little woman sat on a front seat near the press table and clenched her hands in nervous anticipation and delight.

It was his wife, who two years ago came all the way from Philadelphia to marry the Pinkerton man when he was transferred to the Atlanta office. She had come down to the trial just to hear her husband's testimony and to see how he came out of the fire of Rosser's cross-examination; which had so sorely riddled John Black, Scott's detective colleague, on the preceding afternoon.

Honors were about evenly divided between Scott and Rosser during the two hours he was on the stand. All the while the little woman sat keenly expectant, her hands clenched, a constant eye on the stand. At the conclusion of his testimony she rushed through the rear door and ran to the front entrance, meeting the detective as he emerged, smiling, from the courtroom.

"Oh, Harry you were grand," she exclaimed as he reached the sidewalk. "You just put it all over him."

With which she called him aside in the shadow of the building where so many weren't looking and gave him an impetuous kiss, partly as a goodbye but mostly in congratulation. Then she caught a car for home, telling reporters that she had come to the trial only to hear the testimony of her husband.

"How can a person help giving good testimony with a wife like her looking on?" asked Scott, as he disappeared into the witness room.

PAGE 9, COLUMN 7

ASKS POLICE TO REPORT

ALL BURNED-OUT LIGHTS

City Electrician Turner has lodged a complaint against the police for failure to report street lights that are burned out, and has asked the electrical board to urge Chief Beavers to stir his men up. It is the duty of the police to make a report of all lights which they discover to be useless. The chief makes a report to the city electrician, and a certain amount is deducted from the Georgia Railway and Power company bill at the end of the month.