Monday, 18th August 1913 Leo Frank Testifies

Reading Time: 35 minutes [5802 words]

The Atlanta Georgian,

Monday, 18th August 1913.

That his married life has been very happy; that his office safe door was open and he could not see Mary Phagan as she spoke to him on leaving after drawing her pay; that he was in his office from 12 until just before going home to lunch.

PROFOUND IMPRESSION

MADE BY PRISONER'S

REMARKABLE STORY

From the lips of the man accused of the murder of Mary Phagan, came a remarkable story Monday afternoon, August 18, 1913.

The spectators in a densely packed courtroom listened with strained interest as Leo Frank told in graphic words of the events of the day which brought the charge of a terrible crime against him.

It is doubtful if a tale so clearly told, so thorough in its detail, so logically presented ever has been related in a Georgia court of justice by a man over whom has hung the accusation of a horrible murder.

His wife smiled affectionately at him when he told of his marriage to her and said with feeling: "My married life has been exceptionally happy; in fact, the happiest period of my life."

His words, dispassionate at first, grew in force as he proceeded, but he seldom departed from his moderate tons of voice. The only exceptions were when he was referring to some particularly vital point.

At one point he adverted to one of the Solicitor's charges that he had not done all the work on Saturday that his lawyers claimed for him. Frank displayed a sheaf of requisitions to the jurors, and said with a trace of heat:

"Notwithstanding any insinuations that may have been made, I wrote these requisitions!"

He brought out the closing words with a startling force he had not displayed before, emphasizing each word with a blow of his hand on the railing front of the jury box.

At another time he held up a long sample case of vari-colored pencils to the view of the jury.

Solicitor Dorsey objected to the display of the pencils on the ground that they had not been introduced as evidence.

Frank smiled and said to the jurors:

"I guess you have seen enough of the pencils to perceive there are a great many kinds."

The spectators smiled with him as they saw he had accomplished all he desired.

Here is Frank's story as it was told with its various interruptions:

Mr. Arnold: "Now Mr. Frank, such papers as you want to use you can come down here at any time or from time to time and get them on this table right here.

The Court: "Before you commence your statement, I want to read the law. In criminal procedure, the prisoner will have the right to make to the Court and jury such statement in the case as he may deem proper in his defense. It shall not be under oath and shall have such force as the jury shall think right to give it. They may believe it in preference to the sworn testimony in the case. The prisoner shall not be compelled to answer questions on cross-examination. He should feel free to decline to answer them. Now you can make such statement as you see fit."

The defendant said: "Gentlemen of the jury, in 1884, the 17th day of April, I was born in Cuero, Texas. At the age of three months my parents took me to Brooklyn, New York, which became my home until I came South, to Atlanta, to make my home here. I attended the public schools of Brooklyn and prepared for college in Pratt Institute of Brooklyn, New York."

"In the fall of 1902 I entered Cornell University, where I took the course of mechanical engineering, graduating after four years, in June, 1906. I then accepted a position as draughtsman with the B. F. Sturdevant Company, of Hyde Park, Massachusetts. After remaining with this firm for about six months, I returned once more to my home in Brooklyn, where I accepted a position as testing engineer and draughtsman with the National Meter Company of Brooklyn, New York"

Came to Atlanta In October, 1907.

"I remained with these parties until about the middle of October, 1907, when at the invitation of some citizens of Atlanta, I came South to confer with them with reference to the starting and operation of a pencil factory to be located in Atlanta. After remaining here for about two weeks I returned once more to New York, where I engaged passage and went to Europe. I remained in Europe nine months. During my sojourn abroad, I studied the pencil business and looked after the erection and testing of machinery which had been previously traded for."

"In the first part of August, 1908, I returned once more to America, and immediately came South, to Atlanta, which has remained my home ever since. I married in Atlanta an Atlanta girl, Miss Lucille Selig. The major portion of my married life has been spent in the home of my parents-in-law, Mr. and Mrs. Emil Selig, at number 68 East Georgia avenue, Atlanta. My married life has been exceptionally happy. Indeed it has been the happiest days of my life."

"My duties as superintendent of the National Pencil Company were in general as follows: I took charge of the technical and mechanical end of the factory, looking after the processes and seeing that the product was turned out in quality equal to the standard which was set by our competitors. I looked after the installation of new machinery, and the purchasing of any machinery, and in addition I had charge of the office work at the Forsyth street plant, and the lead plant on Bell street."

FRANK LOOKS STRAIGHT AT JURY AND TELLS STORY DELIBERATELY

During his statement, Frank looked straight into the faces of the jurymen and talked very distinctly and deliberately. His voice was not very strong and the deputies had to rap frequently to keep down the noise.

Looked After the Purchase of Materials.

"I looked after the purchasing of the raw material. I saw after the manufacture of pencils and kept up with the market of these materials, and when the prices fluctuated so that the purchases could be made to the best possible advantage.

"On Friday, April 25, 1913, I arrived at the pencil factory on Forsyth street at about 7 o'clock, my usual time. I immediately started in on my regular routine work, looking over the papers I had laid out the evening before, and attending to any work that needed my special attention that morning."

"At about 9:30 o'clock I went over to the office of the general manager and treasurer, Mr. Sigmund Montag, whose office is at Montag Brothers on Nelson street. I stayed over there a short time, and got what papers had arrived in the mail all the mail of the pencil factory comes over to their office. I got that mail and brought it back to the Forsyth street office. I then separated the mail and continued in my usual routine duties in the office on Forsyth street.

"At about 11 o'clock Mr. Herbert Schiff handed me the payroll book, covering the plants at Forsyth street and Bell street, for me to check over and see if the amounts and extensions were correct. Of course, this work has to be very carefully done, so that the proper amount of money is drawn from the bank. This checking took me until about 12:20 p.m."

Went to Bank To Get Pay Money.

"I then went over to Montag Brothers, took the checks drawn and had them signed by Mr. Sig Montag, after which I returned ot Forsyth street and got the leather bag in which I usually carried the money and coin from the bank, and got the payroll slip, on which the various denominations which I desired to have on the payroll were made out, and went, accompanied by Mr. Herbert Schiff, my assistant, to the Atlanta National Bank, where I had the checks cashed."

"Returning to the factory in company with Mr. Schiff, I placed this bag containing the money for the payroll, in the safe and locked it. At this time my wife called for me and in her company and that of Mr. Schiff I went over to the car, and went with my wife home to lunch. After lunch I returned to the factory and took a tour for about an hour through the factory, after which I then assisted Mr. Schiff in checking over the amounts on the pay envelopes, checking the money
against the duplicate slips that we had got from the bank to see that the correct amount had been given us, and helped Mr. Schiff in checking over the money and in filling the envelopes."

"This took us approximately until a quarter to six to fill the envelope and sent them, and place them in a box we have there with two hundred pigeon holes in it, that we call our payoff box."

Paid One Man Check in Cash.

"While I was so occupied with Mr. Schiff in filling the envelopes, a young man named Wright, who had helped us out in the office as clerk during the past week came in and I paid him in cash, as Mr. Schiff had neglected to put his name on the payroll. I just made out a ticket and put it in the payroll box, not the cash box, and continued in the office with Mr. Schiff, taking all the envelopes that were due the help that had worked from Friday, April 18 to Thursday, April 24, inclusive, to pay them through the window in one side of the office. There is a little window built in the hall. I had stayed in my office, checking over the amount of money which had been left there."

"This amount should have been equal to the amount loaned out in advance to the help. I took a ticket out when we were filling the envelopes in checking this amount there. As near as I recollect it, it was about $15."

"I noticed a shortage of about $1.20, or something over a dollar, at any rate, and I kept checking to see if I could find the shortage shortage in the various deductions which had been made. I could not locate it that evening, after the help had been paid off, during which time I stayed in my office. No one came into my office and asked me for the envelope or for an envelope of any other party."

"After the paying off of the help had taken place, Mr. Schiff returned and handed me the envelopes which were left over, bound with an elastic band, and I put them in the cash compartment, which is different from the cash box, the key to which is kept in my cash box, and placed them in the safe, and Mr. Schiff placed the amounts in the box, and placed the box in the safe and left them."

Tells of Putting Slips in Time Clock.

"I placed in the time clock slips which were to be used the next day. I took the two time slips dated April 25, which had been used by the help on Friday, April 25 these are the two that I put in the slot," exhibiting the same to the jury."

Mr. Dorsey thereupon vigorously protested that Mr. Frank shouldn't be allowed to exhibit these slips to the jury, because they had not been offered in evidence on the grounds that they were immaterial and irrelevant, and on the second ground that he could not put them in evidence on his own statement.

Counsel for the defendant insisted, however, that they should be allowed to offer these slips in evidence as they had been testified to by Mr. Darley and others. The testimony, however, was not produced, and Judge Roan ruled that Mr. Frank might make any statement concerning the same, but that he would withhold his ruling until further investigation. Mr. Frank thereupon proceeded to explain to the jury.

"Gentlemen, as I was saying, these two slips that have April 26, 1913, written at the bottom are the two slips I put in the clock on the evening of Friday, April 25, to be used on the day following, which, of course, was April 26."

"I neglected to mention also, in going over my duties at the factory, that Mr. Darley was superintendent of labor and manufacture, and it fell to his duty to engage the help and distribute the help throughout the plant, and to discharge the help in case it was necessary. It was also due to him whether the wages were raised or not. In other words, he was the man that came directly in contact with the help. Moreover, he saw that the goods processed through the plant without stopping, speedily and economically for their manufacture."

"On Friday evening (April 25th) I got home about 6:30 o'clock, had my supper, washed up, and with my wife played a game of suction bridge at a friend's home in the evening. My wife and I returned home and retired about 11 o'clock."

"On Saturday, April 26, I rose between 7 and 7:30 o'clock and leisurely washed and dressed and ate my breakfast, and caught a Washington Street or Georgia Avenue car. I don't really remember which, at the corner of Washington and Georgia avenue, and arrived at the factory, the Forsyth street plant, at about 8:20 o'clock."

"Upon my arrival at the factory I found Mr. Holloway, the day watchman, at the usual place, and I greeted him in my usual way, and found Alonzo Mann, the office boy, in the office."

"I took off my coat and hat and opened my desk and opened the safe, and removed the various books and files and wire trays containing the various important papers which were placed there the evening before and distributing them in their proper places about the office. I then went out to the shipping room and conversed a few minutes with Mr. Irby, who was at that time shipping clerk, about the work he was going to do that morning."

"According to my recollection, we did no shipping that day, owing to the fact that the freight offices were not receiving any shipments, due to the fact that it was a holiday."

"I returned to my office and looked through the papers and sorted out those which I was going to take over on my usual trip to the general manager's office that morning."

"I then turned to the invoice covering shipments which were made by the pencil factory on Thursday, April 24, and which were typewritten on Friday, April 25, by Miss Eubanks, who was the stenographer who stayed at my office. She had hurried through with the office work on the day previous, so that she could go home and spend the holiday in the country where she lived. But I didn't get to check over the invoices on the shipments on Friday, due to the fact that Mr. Schiff and myself were completely occupied the entire day. So we left the factory with the payroll. So that naturally, these invoices covering shipments which were made on April 24, ought to have been sent to the customers, and I got right to work checking them."

Tells of Putting Slips in Time Clock.

"Now I have these invoices here, (Frank taking up the papers and exhibiting them to the jury). These papers have not been exhibited to you before, but I will explain them. You have seen some similar to these."

"Of all the mathematical work in the office of a pencil factory, this very operation, this very piece of work that I have now before me is the most important. It is the invoices covering shipments and is sent to the customer, and it is very important that the prices are correct, that the amount of goods shipped agrees with the amount which is on the invoices, that the terms are correct, and that the price is correct. Also, in some cases, there were freight deductions, all of which has to be very carefully checked over and looked into, because I know of nothing else that exasperates a customer than to receive invoices which are incorrect."

"Now, with reference to the work I did on these orders that is not such an easy job as you might be led to believe. Here are initials. They represent the salesman who took the order. Sometimes, I have to go to through a world of papers to find out to whom to credit these orders."

"I notice that one of the orders to R. B. Kindele calls for a specialty. That has to be carefully noted and recorded. One column represents the shipping point, another the date, etc."

"The next step is to fill in the orders on this sheet. On this sheet I must separate the orders into price groups. Evidently no work has been done on this sheet since he went away. The reason this is done in the pencil business as in all manufacturing business it is advantageous to sell as much of the high priced goods as possible."

"This sheet is the only means of telling how much of the various goods we are selling. It is the barometer of our business and requires most careful work."

Declares He Wrote Financial Sheet.

"After I have finished that wo
rk I have had to do this, and not withstanding any insinuations that have been made, I wrote these requisitions."

Frank read the name on each requisition, which were the same as the names on the orders.

Frank went back to the stand. He was handed a glass of water as he resumed his seat but declined it.

"Miss Hall left my office" he continued, "on her way home at this time. There were then in the building Arthur White, Harry Denham and Mrs. White. It must have been from ten to fifteen minutes after that this little girl whom I afterwards found to be Mary Phagan came in. She asked for her pay. I got my cash box referred to the number and gave her the envelope."

"As she went out she stopped near my outer office doer and said:"

"'Has the metal come?'"

Sound of Voice Made Little Impression.

"The safe door was open and I could not see her, but I answered No.' The last I heard was the sound of her footsteps going down the hall. But a few moments after she asked me, I had the impression of a voice saying something but it made no impression on me."

"The little girl had hardly left the office when Lemmie Quinn came in. He said something to me about working on a holiday and went out. A few minutes before 1 o'clock, I called up my wife and told her I was coming to lunch at 1:15 o'clock. I then went upstairs to (the fourth floor) where Denham and White were working and found

PAGE 2

LEO M. FRANK AS HE TOLD HIS STORY ON WITNESS STAND

Frank appeared

perfectly calm

and collected as he went to

the witness

chair in his own

behalf.

He apparently welcomed the opportunity to tell of the famous crime from his view point.

The accused man urged his Lawyers to let the Solicitor and his sides cross-question him freely.

FRANK DETAILS

HIS OWN STORY

TO JURY

Continued From Page 1.

they had a bit of the floor taken up and were sawing."

"I explained to them that I was going to lunch and would lock the door when I left. Mrs. White left at this time. Some lady said that at 12:35 o'clock she found me in front of the safe. It is barely possible that she did. I don't recall her being there. Her memory probably is fresher than mine on this point."

"When I went up stairs, I asked Mr. White if his wife was going to stay there with him. She said no, that she would go. She left and then I got my hat and coat and left, locking the outer door."

"Now, gentleman, to the best of my recollection from the time the whistle blew until I went upstairs to see Mr. White, I did not stir out my office. I went on home."

(Narrators note: The Atlanta Georgian, omitted part of Leo Frank's statement, where he spoke about the possibility of unconsciously going to the metal room to use the men's toilet there, to explain why Monteen Stover found his second floor business office empty between 12:05 p.m. and 12:10 p.m. This evidence was crucial because in State exhibit B, Leo Frank had made an unsworn statement that Mary Phagan was alone with him in his office during this exact time. End of narrator commentary. Leo Frank continues...)

"I called up my brother-in-law, Mr. Ursenbach, to tell him I was unable to keep the engagement to go to the ball game. The cook answered the phone."

"My wife and mother-in-law were going to the opera. My father-in-law and I ate lunch. He went into the backyard while I lit a cigarette and lay down for a moment."

"I left and while passing the home of Mrs. Wolfsheimer, saw Mrs. Michael on the porch. I went in to see her and saw Mrs. Wolfsheimer, Mr. Loeb and others."

Watched Parade When Street Cars Stopped

"To catch the next car I ran down to Glenn street. On the car I met my wife's cousin, Mr. Loeb. The car was blocked at the corner of Washington and Hunter streets. I walked up to Whitehall street and stood there possibly for fifteen minutes watching the Memorial Day parade."

"As I walked down Whitehall street I met Miss Rebecca Carson. This was probably 3:10 or 3:15 o'clock. I greeted her and walked on. I stopped at Jacobs' Pharmacy and walked on. I went from there to the factory."

"When I reached there I went upstairs and let the boys know I had returned. A minute later, I returned to my office and started to work on the financial sheet."

"In a few minutes the clock bell rang and Arthur White came into the office to borrow two dollars. It was while I was at work on the sheet at probably 4 o'clock that I went to the toilet."

"As I returned toward the office, I noticed Newt Lee coming toward me from the head of the stairs. I told him he could go on off but to be sure and be back at 6 o'clock. I told him I was very sorry I could not let him know about the half holiday but that he was at liberty to enjoy himself as he saw fit, but that he must not fail to return at 6 o'clock."

"The first night that Newt Lee went to work at the factory, I took him over the building, and stressed the fact that he must go into the basement, especially the dust bin every half hour."

"I told him it would be part of his duties to watch the back door. He was to make a complete tour every half hour and punch the clock."

"Now, I will return to the work of the financial sheet. This sheet contains the cost of all the pencils made that week. There are no names but this sample case will show you."

Evidence Excluded But Jury Sees It.

Frank unfolded a sample case.

Dorsey: "We object to this being used as evidence."

Judge Roan: "I sustain you."

Frank placed the sample case to one side.

"Well," he said, " you got a sufficient glance at those pencils to see there was a great many."

"In making up this sheet it was necessary to go through the list of all that were packed. Specials of course, have to be figured separately."

"For instance, there is a special 60-60-x pencil known as Crackerjack.' Now I notice that the two expert accountants reported two errors. While they were unimportant, I wish to explain that these errors were not mine. They were made by Mr. Schiff. I never checked his figures. I checked over mine, but not his."

"Now the next is jobs.' The accountant found the only error in my financial sheet there in the item jobs.' It was not an error, as I will show you. He did not know my method of figuring.

"Two items here are totals. The total gross amount is 791 gross, the total value amount $396.75. In figuring the average I obtained $50.01. In that average he discovered an error. It was not an error. I simply did not go as far into the decimals as he did. One-tenth of a cent was close enough for my purpose."

"Now some of the items in here are taken from the reports of the foremen of the different departments."

Frank then exhibited a report from the foreman or forewoman of each department and explained it.

"Then there is the report of Mr. Schiff, showing the gross of pencils shipped each day of that week that week was an exceptionally heavy one."

"Now there is a little report here that constitutes one of the most difficult calculations. It is from the packing room. We have a trick of the trade to put the pencils that do not sell very fast into fancy packages to make them go."

"Now, very often these pencils are taken from the shelf, where they have laid for more than a year, and repacked in the fancy cases. I made all the calculations on this that afternoon, despite everything that has been said here to the contrary."

Hapeville Episode Hinted by State.

That Frank rode on a street car to Hapeville with a girl the Saturday previous to the murder of Mary Phagan and repeatedly sought to persuade her to leave the car with him was the sensational testimony Solicitor Dorsey endeavored to get from Mrs. J. G. Wardlow Monday.

Anticipating the nature of the questions the Solicitor was about to ask Mrs. Rae Frank, mother of the defendant, stopped her ears with her fingers and then rushed from the room. Attorneys for Frank at first objected to the questions and the jury was excused
. It was at this moment that Mrs. Frank made her dramatic exit. She was evidently fearful of repeating her outburst of a few days ago.

Mrs. Wardlaw denied that she ever knew of such a circumstance. She denied as well that she had been told of it by Harmes Stanton or H. G. Backer, street car men.

Another sensation was created when the defense called to the stand Miss Emmeline Mayfield, the young woman whom the State maintains was in the dressing room when Frank looked in at one time. Miss Mayfield denied this was true.

Paving the way for the eagerly awaited statement of Frank, the lawyers for the defendant devoted Monday morning to the gathering up of the story ends of their case, most of the time being occupied with the testimony of character witnesses.

More than a score of women and girls employed in the National Pencil Company were called to tell what they knew of Frank's character and what they had observed of this conduct about the factory. All asserted that they never had known personally of any misconduct on the part of the superintendent and never had heard of any.

Explains Looking Into Dressing Room.

Mrs. Mattie Thompson proved one of the most important of the character witnesses. After testifying to Frank's good character, Mrs. Thompson declared that the girls on the fourth floor were in the habit at one time of flirting from the windows of the dressing room. She said that the practice became a matter of comment among the elder women on the fourth floor and that she finally took it upon herself to report it. Whereupon orders were issued against it.

The testimony of Mrs. Thompson was produced to provide a basis for the contention of the defense that Frank had opened the dressing room door on several occasions solely for the purpose of determining if his orders were being carried out.

Miss M. E. Fleming, a stenographer said that she worked in Frank's office from April to December, 1912, and that she never had observed any misconduct on the superintendent's part nor had seen women visiting his office.

Godfrey Winecoff superintendent of the lead plant of the National Pencil Company, testified that it was his custom to visit the pencil factory office every other Saturday afternoon about 3 o'clock. He said he always found Frank or Schiff, Frank's assistant frequently both working in the office. He asserted he never saw any women there.

A large crowd was attracted to the courtroom by the probability that the prisoner would tell his story Monday, and the keenest expectancy prevailed. It was problematical whether there would be any cross-examination. Ordinarily, of course, the accused in a murder case merely makes his statement and the jury can believe it or discard it entirely as it chooses. It is said, however, that Frank has earnestly urged his lawyers to allow the Solicitor to cross-examine him.

When court reopened Monday Solicitor Dorsey took up the cross-examination of Harlee Branch, a reporter for the Atlanta Journal.

Took Conley 15 Minutes To Tell Crime Details.

Branch was asked.

"Can you give any estimate of the time taken in conversation in Conley's re-enactment of the crime?" He replied that it took about fifteen minutes.

Q. You never said it was about half the total time, did you? A. I don't recall.

Attorney Arnold took the witness.

Q. You said it took about fifteen minutes to cover the time lost in conversation? A. Yes.

Q. He began at 12:18 and you left at 1:08? That would be about 50 minutes that you were there? A. Yes.

Q. How long was he writing the notes? A. Two minutes at the most. He did not write fast or slow?

Q. How long did he stay in the wardrobe? A. About one minute.

Q. Did you see Conley in the newspapermen's room here in this courthouse reading a newspaper since this trial began? A. I saw him looking at one as though he was reading it.

Mr. Branch was excused and Lou Castro, former ball player and at present fight promoter, was called as a witness by the defense to testify to time it took to walk certain distances.

Q. Did you walk from Marietta and Forsyth streets to the second floor of the pencil factory? A. Yes.

Q. How long did it take you? A. Four and one-half minutes.

Q. Did you walk from the National Pencil Company to the corner of Whitehall and Alabama streets? A. I did.

Q. How long did it take you? A. Three minutes and twenty seconds.

Q. Did you walk from Broad and Hunter streets to the Pencil Factory?

Employees of Factory

Character Witnesses.

Miss M. E. Fleming was the next witness called. She is one of Frank's former stenographers. She testified on direct examination that Frank's character was good. Dorsey cross-questioned her.

Q. Were you ever there on Saturday? A. Yes

Q. How long did it take you? A. One and one-half minutes.

Q. On the day of the murder were you there Saturday afternoon? A. No, I was off then.

Q. Did you ever see Mr. Frank work on the financial sheet Saturday mornings? A. Yes, I saw him work on it a little.

Miss Fleming was excused and Godfrey Winecoff, superintendent of the lead plant of the pencil factory, took the stand.

Q. Did you visit the National Pencil factory on Saturdays between July 1, 1912 and May 1, 1913? A. Yes.

Q. What time? A. Three to 5 o'clock.

Q. How often? A. Almost every Saturday.

Q. Did you ever see women there in Frank's office? A. No.

Q. Who was there? A. Frank, Holloway, Schiff and the office boy.

Dorsey took the witness on cross-examination.

Q. Are you sure Holloway was there at 3 o'clock? A. Yes.

The witness was excused, and Mrs. Mattie Thompson, an employee of the factory working on the fourth floor took the stand testified as to Frank's good character. Arnold questioned her.

Q. Do you know anything about that dressing room on the fourth floor and the conduct of the girls there? A. I made a complaint about the girls flirting out of the window.

Dorsey took the witness on cross-examination.

Q. Who has talked to you in the last few days about what you were to swear on the stand here? A. Mr. Haas talked to me.

FRANK LOOKS STRAIGHT AT JURY

AND TELLS STORY DELIBERATELY

During his statement, Frank looked straight into the faces of the jurymen and talked very distinctly and deliberately. His voice was not very strong and the deputies had to rap frequently to keep down the noise.

LEO M. FRANK AS HE TOLD HIS STORY ON WITNESS STAND

Frank appeared

perfectly calm

and collected as he went to

the witness

chair in his own

behalf.

He apparently welcomed the opportunity to tell of the famous crime from his view point.

The accused man urged his

Lawyers to let the Solicitor and his sides cross-question him freely.

FRANK MAKES HIS OWN

BEST WITNESS TELLING

DIRECT DETAILED STORY

The eyes of Leo Frank's wife and his mother-in-law, Mrs. Emil Selig, were constantly upon him as he sat in the witness chair talking conversationally with the jurors. His mother seldom looked at him, maintaining her usual attitude, looking slightly downward and toward the judge's bench.

Frank had been talking only 10 minutes when they unexpectedly was interrupted by a heated argument between the opposing attorneys over Frank's explaining the time slips, including the one which the defense claims was taken from the time clock Sunday morning following the finding of Mary Phagan's body.

Frank had mentioned the time slips and was undertaking to make an explanation of the manner they are used when Attorney Rosser called for the slips for Frank to explain before the jury.

Solicitor Dorsey made an instant objection, arguing that the slips had not yet been placed in evidence. All four of the principal attorneys interested in the case were on their feet at once, two and sometimes three of them, were talking at the same time.

Papers Withheld.

Judge Roan was compelled to caution them to proceed parliamentarily. His r
uling was that Frank might refer to them as much as he pleased, but that he must not go before the jury with them until they had been properly identified and offered for evidence. The same situation developed when Frank sought to explain the details of his work by means of papers and records of his office. He was allowed to sit in his chair and refer to them but not to exhibit them to the jurors.

Fearless and Direct.

Frank talked to the jurors directly and fearlessly. There was no trace of uncertainty in his voice or in his manner. He appeared exacty as though he were in an informal conference with some persons interested in the factory and was outlining his duties and leading up to some particular incident that had engaged their attention and interest.

He was entirely at ease. He assumed an easy pose in his chair, gestured frequently as he proceeded with his narrative, and occasionally changed his position. His hands most of the time were clasped in front of him, except when he illustrated a point with an unconscious gesture. He found it necessary often to adjust his glasses which seemed not to fit him perfectly.

Tells Complete Story.