Friday, 1st August 1913 Holloway Denies Affidavit He Signed for Solicitor

Atlanta Constitution
August 1st, 1913

NEW TESTIMONY GIVEN AT TRIAL OF LEO M. FRANK BY R. B. BARRETT

Machinist at Pencil Factory Tells Jury of Discovery of Murdered Girl's Pay Envelope and of Strands of Hair Near Her Machine in Metal Room on Second Floor.

HENRY [sic] SCOTT PUZZLES BOTH SIDES OF CASE BY EVIDENCE THURSDAY

E. L. Holloway, Who Swore in Affidavit That Elevator Was Closed on Saturday, the Day of the Murder, Admits on Stand That He Was Mistaken—"I've Been Trapped," Cries Dorsey.

The first piece of new testimony of any importance which has developed since the beginning of the Leo M. Frank trial came Thursday morning, when R. B. Barrett, a machinist employed at the National Pencil factory, testified that he had found what was supposed to be Mary Phagan's pay envelope near her machine in the metal room. Up to this time the matter of the pay envelope had been a complete mystery. Barrett also testified to having discovered blood stains on the floor near her machine, and a strand of hair on the machine. The blood stain had been wiped over with some kind of white preparation.

The whole gist of Solicitor Dorsey's questioning was to prove that the murder was committed on the second floor. The testimony of this witness and others seemed to bear out this contention.

Scott Proves Surprise.

Harry Scott, of the Pinkerton Detective agency, who has been employed by the National Pencil factory to ferret out the murderer, proved a strong witness for the state, although at first it looked as if he would prove of more value to the defense.

In the early stages of his examination by Solicitor Dorsey Scott was asked if, on his first meeting with Leo M. Frank, the accused had not appeared extremely nervous. This was on Monday following the murder. Scott denied this to be a fact. Solicitor Dorsey became excited and intimated that he had been "trapped;" that the witness was not giving the testimony he had been led to expect.

Scott grew healed and exclaimed:

"I hope you do not infer that I am withholding anything!"

Solicitor Dorsey said he did not, and from that time on Scott told in details of his connection with the case.

Among other things he said that either Frank or Darley had told him on Monday following the murder that Gantt had been very familiar and intimate with Mary Phagan. He also testified that on Tuesday night at the station home Frank had been very nervous; that he had repeatedly crossed his legs, felt of his chin, and that he took deep breaths—more like sighs than anything else.

Haas Wanted to See Reports.

He stated that Herbert Haas, one of Frank's attorneys, had suggested that the Pinkertons turn over all evidence to him before it was given the police department, and that he declined to consider any such proposal, stating he would throw up the case first.

Luther Rosser failed to shake Scott's testimony.

Frank Was Not There.

Monteen Stover, a former employee of the pencil factory, testified that she had gone to Frank's office at 5 minutes after 12 o'clock on Memorial day, and that Frank was not there. She had remained in the building fully five minutes and saw no one. Frank has claimed that he was in his office at that time.

Dr. Claude Smith testified to making an examination of the bloody shirt found at Newt Lee's home. He said he had examined the neck-band and it did not have the appearance of having been worn. No odor could be detected on the under side of the sleeves. He also testified to making an examination of the blood stains found on the floor. He could not state whether or not this was human blood.

Holloway Contradicts Himself.

E. L. Holloway, an employee of the pencil factory, who had previously signed an affidavit that the power box on the elevator was closed on Saturday, the day of the murder, admitted that he was mistaken; that he had opened the box and hung up the key in Frank's office.

His affidavit was placed in evidence, and Judge Roan ruled that certain parts of it were admissible.

Summing up the day's testimony, the weight of it was not so favorable to the defendant as on the day previous.

The courtroom continues to attract large crowds.

Mrs. Callie Applebaum, recently acquitted of killing her husband, was one of the interested spectators.