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Leo Frank Trial Brief of Evidence, 1913STATE OF GEORGIA VERSUS LEO M. FRANKIn Fulton Superior Court, trial began July 28th and ended August 21st, 1913.Judge Leonard Strickland Roan, presiding.Conviction of murder at July term on August 25th, 1913 in Fulton Superior Court, Atlanta, Georgia.BRIEF OF THE EVIDENCEIntroduction To Leo Frank Trial Brief

MRS. J.W. COLEMAN, Sworn for the State.I am Mary Phagan's mother. I last saw her alive on the 26th day of April 1913, about a quarter to twelve, at home, at 146 Lindsey Street. She was getting ready to go to the pencil factory to get her pay envelope. About 11:30 , she ate some cabbage and bread. She left home at a quarter to twelve. She would have been fourteen years old the first day of June, was fair complected, heavy set, very pretty, and was extra large for her age. She had on a lavender dress, trimmed in

GEORGE EPPS, Sworn for the State.I am fourteen years old. I live right around the corner from Mary Phagan's home. I have known her about a year. The last time I saw here was Saturday morning coming to town on the English Avenue car. It was about ten minutes to twelve when I first saw her. I left her about seven minutes after twelve at the corner of Forsyth and Marietta Street. She had on that hat, parasol and things when I left her. She was going to the pencil factory to draw her money. She said she was going

NEWT LEE. (colored), sworn for the State.On the 26th day of April 1913, I was night watchman at the national Pencil Factory. I had been night watchman there for about three weeks. When I began working there, Mr. Frank carried me around and showed me every thing that I would have to do. I would have to get there at six o'clock on week days, and on Saturday evenings I have to come at five o'clock. On Friday the 25th of April, 1913 he told me "Tomorrow is a holiday and I want you to come back at four o'clock.

L. S. DOBBS, Sworn for the State.I am Sergeant of police. On the morning of April 27th, about 3:25 a call came from the pencil factory that there was a murder up there. We went down in Boots Rogers' automobile. When we got there the door was locked. We knocked we knocked on the door and in about two minutes the negro came down the steps and opened the door and said there was a woman murdered in the basement. We went through a scuttle hole, a small trapdoor. The negro lead the way back in the basement, to a

J. N. STARNES, Sworn for the State.I am a city officer. Went to the pencil Company's place of business between five and six o'clock, April 27th 1913. The pencil company is located in Fulton County, Georgia, and that's where the body was found. The staple to the back door looked as if it had been prized out with a pipe pressed against the wood. There was a pipe there that fitted the indentation on the wood. I called Mr. Frank on the telephone, and told him I wanted him to come to the pencil factory right away. He said he

W. W. ROGERS, sworn for the State.I am now connected with Judge Girardeau's court. I was at the station house Saturday night, April 26th, 1913 and went to the National Pencil Company's place of business. It was between five and five thirty that I heard Mr. Starnes have a conversation over the phone. I heard him say, "If you come I will send an automobile after you. " It took us five or six minutes to get out to Mr. Frank's residence at 86 E. Georgia Avenue. Mr. Black was with me. Mrs. Frank opened the door. She wore a

MISS GRACE HICKS, sworn for the State.I knew Mary Phagan nearly a year at the pencil factory. She worked on the second floor. I identified her body at the undertaker's Sunday morning, April 27th. I knew her by her hair. She was fair skinned, had light hair, blue eyes and was heavy built, well developed for her age. I worked in the metal room, the same room she worked in. Mary's machine was right next to the dressing room, the first machine there. They had a separate closet for men and a separate one for ladies on that floor. There

JOHN R. BLACK, sworn for the State.I am a city policeman. I don't know the details of the conversation between Mr. Starnes and Mr. Frank over the 'phone. I didn't pay very much attention to it. I went over to Mr. Frank's house with Boots Rogers. Mrs. Frank came to the door. Mrs. Frank had on a bath robe. I stated that I would like to see Mr. Frank and about that time Mr. Frank stepped out from behind a curtain. His voice was hoarse and trembling and nervous and excited. He looked to me like he was pale. I

JAMES MILTON GANTT, sworn for the State.From June last until the first of January I was shipping clerk at the National Pencil Company. I was discharged April 7th by Mr. Frank for alleged shortage in the pay roll. I have known Mary Phagan when she was a little girl. Mr. Frank knew her, too. One Saturday afternoon she came in the office to have her time corrected, and after I had gotten through Mr. Frank came in and said, "You seem to know Mary pretty well," No, I had not told him her name. I used to know Mary when

MRS. J. A. WHITE, sworn for the State.I saw my husband at the pencil factory at 11:30. I stayed there until about 10 minutes to 12. I left him there and came back about 12:30 and left again about 1 o'clock. When I got there at 11:30 I saw Miss Hall, the stenographer, Mr. Frank and two men. I asked Mr. Frank if I could see my husband Mr. White. Mr. Frank was in the outside office then. He said I could see him and sent word by Mrs. Emma Freeman for him to come downstairs. My husband came to

HARRY SCOTT, sworn for the State.I am Superintendent of the local branch of the Pinkerton Detective Agency. I have worked on this case with John Black, city detective. I was employed by Mr. Frank representing the National Pencil Company. I saw Mr. Frank Monday afternoon, April 28th, at the pencil factory. We went into Mr. Frank's private office. Mr. Darley and a third party were with us. Mr. Frank said, I guess you read in the newspapers about the horrible crime that was committed in this factory, and the directors of this company and myself have had a conference and

MISS MONTEEN STOVER, sworn for the State.I worked at the National Pencil Company prior to April 25th, 1913. I was at the factory at five minutes after twelve on that day. I stayed there five minutes and left at ten minutes after twelve. I went there to get my money. I went in Mr. Frank's office. He was not there. I didn't see or hear anybody in the building. The door to the metal room was closed. I had on tennis shoes, a yellow hat and a brown rain coat. I looked at the clock on my way up, it

ROBERT P. BARRETT, sworn for the State.I am a machinist for the National Pencil Company. I have been there about eight weeks. On Monday morning, April 28th, I found an unusual spot that I had never seen before at the west end of the dressing room on the second floor of the pencil factory. That spot was not there Friday. The spot was about 4 or 5 inches in diameter and little spots behind these from the rear, 6 or 8 in number. I discovered these between 6:30 and 7 o'clock Monday . It was blood. It looked like some

MELL STANFORD, sworn for the State.I have been working at the National Pencil Company a little over two years. I swept the whole floor in the metal room on Friday, April the 25th. On Monday there after I found a spot that had some white haskoline over it on second floor near dressing room. That wasn't there on Friday when I swept between 9 and 12 o'clock. I use a small broom in sweeping. I saw a big cane broom standing by the waste metal room on Monday about six feet from where the blood was found. The spot looked

GEORGE W. JEFFERSON, sworn for the State.I worked at the National Pencil Company. We saw blood on the second floor in front of the girls' dressing room on Monday. It was about as big as a fan, and something white was over it. I didn't see that blood there Friday. Yes, there are cords in the polishing room, used to tie pencils with. They are hung up on a post in the polishing room. The spots were dark red in color. These cords are taken off the pencils and we throw them on a nail. We don't untie the knots.

B. B. HASLETT, sworn for the State.I went to Mr. Frank's house Monday morning after the murder, about 7 o'clock. I went out there and got him and took him to the station house. He was at the station house two or three hours. I told him Chief Lanford wanted to see him.CROSS EXAMINATION.I saw Mr. Rosser and Mr. Haas at the station house about 8:30 or 9 o'clock. Mr. Black and I both went out for Mr. Frank Monday morning. We took him to the station house and turned him over to Chief Lanford. They had Mr. Frank in

E. F. HOLLOWAY, sworn for the State.I am day watchman at the National Pencil factory-worked there two years. I was there on April 26th, from 6:30 a. m. till 11:45. I look after the elevator and freight that come in and out and people that come in and out. As to what I did to the elevator on that Saturday, I didn't do anything except that when Mr. White and Mr. Denham were working on the top floor, I started the elevator up and ripped up a plank for them. The elevator was locked when I sawed that plank for

N. V. DARLEY, sworn for the State.My name is N. V. Darley. I am manager of the Georgia Cedar Company, a branch of the National Pencil Company. I have charge of the manufacturing and labor in the Forsyth Street plant. Mr. Sig Montag is my superior. Mr. Frank and I are of equal dignity in the factory. I was at the National Company's factory on Saturday, April 26th. I saw Mr. Frank and left about 9:40 in the morning. I was there Sunday morning at about 8:20. I saw Mr. Frank that morning. Observed nothing unusual when I first saw

W. F. ANDERSON, sworn for the State.I was at police headquarters Saturday, April 26th. I got a call fromthe night, watchman at the pencil factory. He said a woman was dead atthe factory. I asked him if it was a white woman or a negro woman. Hesaid it was a white woman. We went there in an automobile, shook thedoor and Newt Lee came down from the second floor and carried us backto the ladder that goes down through the scuttle hole. About 3:30 Icalled up Mr. Frank on the telephone and got no answer. I heard thetelephone rattling and

G. C. FEBRUARY, sworn for the State.I was present at Chief Lanford's office when Leo M. Frank and L. Z.Rosser were there. I took down Mr. Frank's statement stenographically.I don't remember Frank's answers in detail, Mr. Rosser was looking outof the window most of the time. He didn't say anything while I was inthere. This (Exhibit B, State), report is correct report of what Mr.Frank said. It was made on Monday, April 28th.CROSS EXAMINATION.I believe Mr. Rosser and Mr. Frank were in the room when I came in.It was sometime in the forenoon. I have never been a court stenographerexcept

ALBERT Mc Knight, Colored, sworn for the State.My wife is Minola Mc Knight. She cooks for Mrs. Selig. Between 1and 2 o'clock on Memorial Day I was at the home of Mr. Frank to see mywife. He came in close to 1:30. He did not eat any dinner. He came in,went to the sideboard of the dining room, stayed there a few minutes andthen he goes out and catches a car. Stayed there about 5 or 10 minutes.CROSS EXAMINATION.Mrs. Selig and Mrs. Frank were present when Mr. Frank came in. Iwas in the cook room. There is a swinging door

MISS HELEN FERGUSON, sworn for the State.My name is Helen Ferguson, I worked at the National Pencil Company on Friday the 25th. I saw Mr. Frank Friday, April 25th, about 7o'clock in the evening and asked for Mary Phagan's money. Mr. Franksaid "I can't let you have it," and before he said anything else I turnedaround and walked out. I had gotten Mary's money before, but I didn'tget it from Mr. Frank.CROSS EXAMINATION.When I got Mary's money before I went up there and called my numberand called her number, and I got mine and hers. I didn't ask the manthat

R. L. WAGGONER, sworn for the State.I am a city detective. On Tuesday, April 29th, from ten thirty untila little after 11 in the morning I was in front of the pencil factory on theother side of the street. I would continually see Mr. Frank walk to thewindow and look down and twist his hands when he would come to thewindow looking down on the sidewalk. He did this about 12 times whenI was there in about 30 minutes. I was in the automobile with Mr. Frankand Mr. Black and his leg was shaking. He was under arrest at the

J. L. BEAVERS, sworn for the State.I am Chief of Police of the City of Atlanta. I was at the pencil factoryon Tuesday, April 29th, and saw what I took to be a splotch of bloodon the floor right near this little dressing room on office floor, seemed tobe as big as a quarter in the center and scattered out in the direction ofthis room near the door. There was one spot and some others scatteredaround that.CROSS EXAMINATION.It may have been Monday that I was at the pencil factory. I don't know whether it was blood or not. It looked

R. M. LASSITER, sworn for the State.I am a city policeman. On Sunday morning, April 27th, I found aparasol in the bottom of the elevator shaft. It was lying about the centerof the shaft. I also found a ball of rope twine, small wrapping twine,and also something that looked like a person's stool.CROSS EXAMINATION.I noticed evidence of dragging from the elevator in the basement.As I passed the rear door at 12 o'clock, the door was closed. The umbrellawas not crushed. I found it between 6 and 7 o'clock in the morning.The elevator comes down there and hits the ground plump

L. 0. GRICE, sworn for the State.My name is L. 0. Grice. I was at the National Pencil Company'splace on Sunday morning, April 27th 1913. A small sized man, defendanthere, attracted my attention, on account of his nervousness.CROSS EXAMINATION.I was called as a witness in this case one week after it started. Itold some of my friends about Mr. Frank's nervousness and they advisedme to go to Dorsey. I never knew or saw Mr. Frank before. When wewere told of how the little child was murdered, it excited me some.RE-DIRECT EXAMINATION.I don't recall trembling any. I am pretty sure I

MELL STANFORD, sworn for the State (re-called).The door in the rear part of the factory on the second floor on Fridayevening was barred. There is no way in the rear of the building tocome down to the second floor when the door is barred except the fire escape, and you have to be on office floor to undo the door. The area around the elevator shaft on the first floor near the hole and radiator was cleaned up after the murder. It was the early part of the week after the murder.CROSS EXAMINATION.I didn't clean it myself. I saw it

W. H. GREESLING, sworn for the State.I am a funeral director and embalmer. I moved the body of MaryPhagan at 10 minutes to four o'clock, April 27th, in the morning. Thecord (Exhibit C, State) was around the neck. The knot was on the rightside of the neck and was lying kind of looped around the head. It wasn'tvery tight at the time I moved it. There was an impress of an eighth ofan inch on the neck. The rag (Exhibit D, State) was around her hairand over her face. The tongue an inch and a quarter out of her mouthsticking

DR. CLAUDE SMITH, sworn for the State.I am physician and City Bacteriologist and Chemist. These chips(Exhibit E, State) appear to be the specimen which the detectivesbrought to my office and which I examined. They had considerable dirton them and some coloring stain. On one of them I found some bloodcorpuscles. I do not know whether it was human blood. This shirt (ExhibitE for State) appears to be the same shirt brought to my office bydetectives which I examined. I examined spots and it showed bloodstain. I got no odor from the arm pits that it had been worn. The bloodI

DR. J. W. HURT, sworn for the state.I am County Physician. I saw the body of Mary Phagan on Sundaymorning, the 27th of April. She had a scalp wound on the left side of herhead about 2 and 1/2 inches long, about 4 inches from the top to the left ear through the scalp to the skull. She had a black contused eye. A number of small minor scratches on the face. The tongue was protruding about a half an inch through the teeth. There was a wound on the left knee, about 2 inches below the knee. There were

DR. H. F. HARRIS, sworn for the State.I am a practicing physician. I made an examination of the body ofMary Phagan on May 5th. On removing the skull I found there was noactual break of the skull, but a little hemorrhage under the skull, corresponding to point where blow had been delivered, which shows that the blow was hard enough to have made the person unconscious. This wound on the head was not sufficient to have caused death. I think beyond any question she came to her death from strangulation from this cord beingwound around her neck. The bruise around

C. B. DALTON, sworn for the State.I know Leo M. Frank, Daisy Hopkins, and Jim Conley. I have visited the National Pencil Company three, four or five times. I have been in the office of Leo M. Frank two or three times. I have been down in the basement. I don't know whether Mr. Frank knew I was in the basementor not, but he knew I was there. I saw Conley there and the night watchman, and he was not Conley. There would be some ladies in Mr. Frank's office. Sometimes there would be two, and sometimes one. May be

S. L. ROSSER, sworn for the State.I am a city policeman. On Monday, April 28th, I went out to seeMrs. White. On May 6th or 7th was the first time I knew Mrs. Whiteclaimed to have seen a negro at the factory on April 26th. These are thesame chips we had at factory. The club was not on floor by elevator theday I searched the place. I had a flash light and searched for everything.I would have seen it had it been there.CROSS EXAMINATION.I made no inquiry of her about this before. She volunteered the information when I came out

JAMES CONLEY, Colored, sworn for the State.I had a little conversation with Mr. Frank on Friday, the 25th ofApril. He wanted me to come to the pencil factory that Friday morning that he had some work on the third floor he wanted me to do. All right, I will talk louder. Friday evening about tree o'clock Mr. Frank cometo the fourth floor where I was working and said he wanted me to come tothe pencil factory on Saturday morning at 8:30; that he had some workfor me to do on the second floor. I have been working for the pencil

C. W. MANGUM, sworn for the State.I had a conversation with Mr. Frank at the jail about seeing Conleyand confronting him. Conley was on the fourth floor. Chief Beavers,Chief Lanford and Scott came down to see Mr. Frank with Conley andasked me if they could see him. I went to Frank and told him the menwere there with Conley and wanted to talk with him if he wanted to seethem. He said, "No, my attorney is not here and I have nobody to defendme. " He said his lawyer was not there; that no one was there tolisten at what

W. W. MATTHEWS, sworn for the Defendant.I work for the Georgia Railway & Electric Co. as a motorman. Onthe 26th day of April I was running on English Avenue. Mary Phagangot on my car at Lindsey Street at 11:50. Our route was from Bellwoodto English Avenue, down English Avenue to Kennedy, down Kennedy toGray, Gray to Jones Avenue, Jones Avenue to Marietta, Marietta toBroad, and out Broad Street. From Lindsey Street to Broad Street isabout a mile and a half or two miles. We make frequent stops. We werescheduled to arrive at Marietta and Broad at 12:071/2. We were onschedule.

W. T. HOLLIS, sworn for the Defendant.I am a street car conductor. On the 26th of April I was on the EnglishAvenue line. We ran on schedule that day. Mary Phagan got on atLindsey Street at about 11:50. She is the same girl I identified at theundertakers. She had been on my car frequently and I knew her well.No one else got on with her at Lindsey Street. Epps did not get on withher. I took up her fare on English Avenue, several blocks from whereshe got on. And no one was sitting with her then. I do not recollect

HERBERT G. SCHIFF, sworn for the Defendant.I am assistant superintendent of the National Pencil Co.; I havebeen with the company about five years. Part of my duties was to getup data for the financial sheet. I occupied the same office as Mr. Frank. I took a trip on the road on the first Saturday in January. All of the company's money except the petty cash was kept over at Montag Bros.office at the general manager's office, Mr. Sig Montag. All mail of thecompany is received at Montag Bros. The men in Mr. Montag's officemade the deposit of money of the

JOEL C. HUNTER, sworn for the defendant.I am a public accountant, engaged in the profession ten or fifteenyears. I have examined the financial sheet said to be made by Leo M.Frank. I examined a copy and then checked it against the original. Inorder to find out how long it would take a person to make out these reports,I went through the calculations. I did not make out the sheets. Iverified the extensions and calculations on the financial sheet (Defendant'sExhibit 2). I found them correct within a decimal. There is oneitem a decimal is incorrect. That was immaterial, merely an error