Author: Historical Librarian

  Leo Frank Trial Brief of Evidence, 1913 STATE OF GEORGIA VERSUS LEO M. FRANK In 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 EVIDENCE Introduction 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 lace

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 her 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 everything 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." "I

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 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 partition on

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 heavy

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 white

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 thereafter 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 to

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 from the night watchman at the pencil factory. He said a woman was dead at the factory. I asked him if it was a white woman or a negro woman. He said it was a white woman. We went there in an automobile, shook the door and Newt Lee came down from the second floor and carried us back to the ladder that goes down through the scuttle hole. About 3:30 I called up Mr. Frank on the telephone and got no

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 out of the window most of the time. He didn't say anything while I was in there. 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

ALBERT Mc Knight, sworn for the State.My wife is Minola Mc Knight. She cooks for Mrs. Selig. Between 1 and 2 o'clock on Memorial Day I was at the home of Mr. Frank to see my wife. 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 and then 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. I was in the cook room. There

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 7 o'clock in the evening and asked for Mary Phagan's money. Mr. Frank said "I can't let you have it," and before he said anything else I turned around and walked out. I had gotten Mary's money before, but I didn't get it from Mr. Frank.CROSS EXAMINATION.When I got Mary's money before I went up there and called my number and called her number, and I got mine and hers.

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