Author: Historical Librarian

TRUMAN Mc CRARY, (colored), sworn for the Defendant.I am a drayman on the streets of Atlanta. I work for the NationalPencil Company. I have hauled for them. I have drayed for them mostevery Saturday for the past three years. I would work on Saturdayafternoons until half past three and sometimes as late as five. I would be sometimes there so late the shipping clerk would be gone. I havenever found the front door locked on a Saturday afternoon. I havenever seen Jim Conley watching there Saturday afternoon. I have neverseen him guarding the door. I have never seen him around

D. J. NIX, sworn for the Defendant.I was office boy at the pencil factory from April, 1912, to October,1912. I worked there every other Saturday until the first of September,and then every Saturday thereafter. I am 19 years old. Before Sept.1, 1 worked on Saturdays until between four and six o'clock. OnSaturdays after Sept. 1, 1 worked until between 5:30 and 6. I havenever missed any days while I have been at the factory. On Saturdayafternoons, Mr. Frank and Mr. Schiff would be there working. I would stay in the outer office. I never left the factory on Saturday afternoon.

FRANK PAYNE, sworn for the Defendant.I was office boy last Thanksgiving day at the pencil factory. It wassnowing that day. I am 16 years old. Mr. Schiff and Mr. Frank wereworking there in the office that day. Mr. Schiff sent me up on the fourthfloor to straighten the boxes up. Jim Conley was there sweeping. Heleft the factory about 10:20. I left about 11. He had finished his work.I went by the office to get my coat. Mr. Schiff and Mr. Frank were stillworking. When I left I did not see Conley anywhere about the door.For two months I worked

PHILLIP CHAMBERS, sworn for the Defendant.I am 15 years old. I started working for them December 12, 1912,as office boy, at the pencil factory. I left there March 29, 1913. I stayedin the outer office. On Saturdays I stayed until 4:30 and sometimes until5 o'clock. I never left before 4:30 on Saturdays. I would go to dinnerabout 1:30 and get back at 2. Sometimes on Saturdays I would be sentto Montag's for 15 minutes, to get the mail. I would sometimes go outto the Bell Street plant to get the pay roll there. I would get back at 12o'clock. Mr.

GODFREY WEINKAUF, sworn for the Defendant.I am superintendent of the Pencil Company's lead plant. Beginningwith July, 1912, up until the first week in January, 1913, I visited the officeof the pencil factory every other Saturday, between three and fiveo'clock. I would stay there about two hours. I would find Mr. Hollo-way, Mr. Frank and Mr. Schiff there. I never saw any women in theoffice there.CROSS EXAMINATION.I never saw Jim Conley there at the factory on Saturday afternoon.I am sure I saw Holloway there on Saturday afternoon.GODFREY WEINKAUF, Sworn In For The State, 84th To Testify

CHARLIE LEE, sworn for the Defendant.I am a machinist at the pencil factory. I remember an accident toDuffy in the metal room. His finger was hurt on the eyelet machine,about Oct. 4, 1912. It bled freely and the blood spouted out. Therewas a lot of the blood on the floor. He went down the hall to the office, bythe ladies' dressing room. There was blood at that point. Gilbert alsogot hurt in the metal room last year. He was bandaged in the office also.In going from the metal room to the office, you go right by the steps.CROSS EXAMINATION.I have

ARTHUR PRIDE (colored), sworn for the Defendant.I worked on the second floor of the factory. On Saturdays I work allover the factory, doing anything that is necessary. Beginning with Julyof last year I have not missed a single Saturday afternoon at the factory.I would work until about half past four. I have never seen any womencome up there and see Mr. Frank, or any drinking going on there, or seenJim Conley sitting and watching the door. The employees used the back stairs leading from the metal room to the third floor. You can hear the elevator running if the machinery

DAISY HOPKINS, sworn for the Defendant.I am a married woman. I worked in the factory from October, 1911,to June 1, 1912. I worked in the packing department on the second floor.Mr. Frank never spoke to me when he would pass. I never did speak tohim. I've never been in his office drinking beer, coca-cola, or anythingelse. I know Dalton when I see him. I never visited the factory withhim. I never have been with him until I went to his house to see Mrs. Taylor, who lived with him then. That was the only place I have everseen him. I

MISS LAURA ATKINSON, sworn for the Defendant.I have been in Mr. Dalton's company three times. I never met himat the Busy Bee Cafe. I have never walked with him to or from the pencilcompany. I have never walked home with him.CROSS EXAMINATION.I worked at the National Pencil factory two days last month. I haveknown Mr. Dalton six months. I have been in his company three times.I did not know Daisy Hopkins.MISS LAURA ATKINSON, Sworn In For The State, 88th To Testify

MRS. MINNIE SMITH, sworn for the Defendant.I work at the pencil factory. I do not know C. B. Dalton. I live at148 S. Forsyth Street. I have never met Dalton or walked home withhim. I don't know the man. I know Mr. Frank. I have spoken to himsix times in the four years and a half that I worked there.CROSS EXAMINATION WAIVED.V. S. Cooper, W. T. Mitchell, 0. A. Nix, Samuel Craig, B. L. Patterson,Robert Craig, Ed Craig, T. L. Ambrose, J. P. Bird, J. H. Patrick andMRS MINNIE SMITH, Sworn In For The State, 89th To Testify

I. M. Hamilton. All sworn for the defendant. Testified that they livedin Gwinnett or Walton County; that they used to know C. B. Dalton beforehe left Monroe in Walton County, that his general character fortruth and veracity is bad, and that they would not believe him on oath.I M HAMILTON, Sworn In For The State, 90th To Testify

R. L. BAUER, sworn for the Defendant.During the summer of 1909 and 1910, I worked at the National Pencil Company on Saturdays. Since that time I have worked off and on at the factory on Saturdays doing extra work. I have also been up to theoffice Saturday afternoons, frequently during the past twelve months. Iwas there while Mr. Schiff was off on his trip. I was up at the office onthe Saturday afternoon before Mr. Schiff went away. Mr. Holloway,Mr. Schiff, Mr. Frank and the office boy were there. I have never seenany women in Mr. Frank's office on the

GORDON BAILEY, (colored) sworn for the Defendant.I work at the factory. I am sometimes called" Snowball. " I neversaw Jim Conley talk to Mr. Frank the Friday before the murder. I havenever, at any time, heard Mr. Frank ask Conley to come back on any Saturday. I have never seen Mr. Frank bring in any women into the factory. I have never seen Jim Conley guarding or watching the door. Ihave seen Jim take newspapers and look at it, but I don't know if he readthem or not. I have seen him have papers at the station house like hewas

HENRY SMITH, sworn for the Defendant.I work at the pencil factory in the metal department. I work withBarrett. He has talked to me about the reward offered in this case. Hesaid it was $4,300, and he thought if anybody was to get it, he was to getit, because he found the blood and hair, and he said he ought to get thefirst hook at it. He said it six or seven different times.CROSS EXAMINATION.He would come out of the room counting it off on his hands. He didthat 2 or 3 times and sort of laughed, counting that imaginary money.HENRY

MILTON KLEIN, sworn for the Defendant.I saw Mr. Frank last Thanksgiving evening at a dance given by theB'nai B'rith at the Hebrew Orphans' Home. I also saw him that sameafternoon between half past four and six o'clock. The dance lasted fromeight to half past eleven. Mr. Frank helped Mr. Copeland and myselfgive the dance. We were the committee in charge.CROSS EXAMINATION.I was down at the jail to see Mr. Frank when the detectives broughtConley down there. I sent word down that Mr. Frank didn't care to seeConley, that he didn't care to see anyone at that time. He knew that

NATHAN COPLAN, sworn for the Defendant.I remember last Thanksgiving Day was a very disagreeable day. Idon't remember whether it snowed. The B'nai B 'rith is a charitable organization here composed of young men. They gave a dance out at theJewish Orphans' Home Thanksgiving evening. Mr. Frank had chargeof it. Mr. Frank and his wife were there. I got there about 8 o'clock.They were there at that time. They stayed there until about 10 o'clock.NATHAN COPLAN, Sworn In For The State, 95th To Testify

JOE STELKER, sworn for the Defendant.I have got charge of the varnishing department at the pencil factory,about sixty people work under me. I saw the spot that Mr. Barrettclaimed he had found in front of the young ladies' dressing room. Itlooked like someone had some coloring in a bottle and splashed it on thefloor. Chief Beavers asked me to find out whether it was varnish or not.I saw the white stuff on it. It looked like a composition they use on theeyelet machine or face powder. They carry that stuff around in bucketsin the metal room. It gets spilled on

HARLEE BRANCH, sworn for the Defendant.I work for the Atlanta Journal. I had an interview with Jim Conleyon two occasions. On May 31st, he told me he didn't see the purse ofthis little girl. He said that it took about thirty-five minutes after goingupstairs until he got out of the factory. He said he finished about 1:30and then went out. He said that Lemmie Quinn got into the factoryabout 12 o'clock and remained about 8 or 9 minutes.CROSS EXAMINATION.I am sure about his saying he saw Lemmie Quinn at the factory atthat interview. He was in jail when I had

JOHN M. MINAR, sworn for the Defendant.I am a newspaper reporter for the "Atlanta Georgian. " I visitedGeorge Epps Sunday night, April 27th. I went there to ask him and hissister when was the last time either of them had seen Mary Phagan.George Epps and sister were both present. I asked them who had seenMary Phagan last, and the little girl Epps said she had seen her on theprevious Thursday. George Epps was standing right there and he saidnothing about having seen her Thursday. He said he knew the girl, thathe had ridden to town with her in the mornings

W. D. Mc WORTH, sworn for the Defendant.I am a Pinkerton detective. I worked for fifteen days on the Frankcase. For three days I took statements from the factory employees andon May 15th, I made a thorough search of the ground floor. I found nearthe front door on the ground floor, stains that might or might not havebeen blood. All the radiators in the factory had trash, dirt and rubbishbehind them. Behind one of the radiators near the Clark Woodenwareplace, where the partition is, I found much trash, behind the trap door,up against the partition, and on top of the

JOHN FINLEY, sworn for the Defendant.I was formerly master machinist and assistant superintendent ofthe pencil factory. I have known Mr. Frank about five years. His characterwas good.CROSS EXAMINATION.I am now superintendent for Dittler Bros. They are not related tothe Franks. I left the pencil company about three years ago. I havenever heard anything about women going up in the factory after workhours. Mr. Frank and I usually left together about six o'clock. Mr.Frank went to lunch usually about one o'clock. I would sometimes workat the factory all Saturday afternoon. I did that most of the time that Iwas there. The

A. D. GREENFIELD, sworn for the Defendant.I am one of the owners of the building occupied by the Pencil Company on Forsyth Street. I have owned it since 1900. When we boughtthe building it was occupied by Montag Bros. They used it as a manufacturing plant. The Clarke Woodenware Company sub-leased part of the first floor from Montag Bros. They used the front door on MontagBros. in going in there. We have not put in any new floor on the secondstory of the building. I have known Mr. Frank four or five years. Hischaracter is good.CROSS EXAMINATION.I have come in

DR. WM. OWENS, sworn for the Defendant.I am a physician. I am also engaged in the real estate business. Atthe request of the defense I went through certain experiments in the pencilfactory to ascertain how long it would take to go through Jim Conley'smovements relative to moving the body of Mary Phagan. I keptthe time while the other men were going through with the performance.I followed them and kept the time. Mr. Wilson of the Atlanta BaggageCo. also kept time with me. Mr. Brent and Mr. Fleming enacted the performance. The performance enacted was as follows: "12. 56 o'clock,Conley goes

ISAAC HAAS, sworn for the Defendant.I know Leo M. Frank for over five years. His character is verygood. I did not hear my telephone ring on Sunday morning, April 27th.My wife heard it. The telephone is twenty-two feet from my bed.CROSS EXAMINATION.My wife waked me up when she answered the telephone.ISAAC HAAS, Sworn In For The State, 103rd To Testify

A. N. ANDERSON, sworn for the Defendant.I work at the Atlanta National Bank. That is the original passbookof Leo M. Frank (Defendant's Exhibit 50).CROSS EXAMINATION.I don't know that that's the only bank account that he had. He mayhave had others. Yes, the pencil company does business with the AtlantaNational Bank. I don't know anything about how much moneythey had on April 26. Mr. Frank's bank book was balanced August"11. These are all the checks that he drew (Defendant's Exhibit 51)during April.RE-DIRECT EXAMINATION.These cancelled checks are the ones that have been paid since April1, 1913. Mr. Frank had drawn no others

R. P. BUTLER, sworn for the Defendant.I am the shipping clerk of the Pencil Company. I am familiar withthe doors leading into the metal room. They are wooden doors, withglass windows. There is no trouble looking through these windows intothe metal room, even when the doors are closed. The glass in the dooris about fifteen inches by eighteen inches. Any one of ordinary heightcan see through them easily.CROSS EXAMINATION.The doors are six feet wide together. The passageway from theelevator back to the metal room is ten feet wide with the exception ofthat part where we have some boxes piled up,

I. U. KAUFFMAN, sworn for the Defendant.I made a drawing of the Selig residence on Georgia Avenue, in thiscity, showing the kitchen, dining room, the reception room, parlor andpassageway between the kitchen and dining room. The mirror in thedining room is in the sideboard as shown on the plat (Defendant's Exhibit52). It is fourteen feet from the kitchen door to the passageway inthe dining room and the passageway is a little over two feet. Standingin the back door of the kitchen room against the north side of the door,I could not see that mirror, because of the partition between the

J. Q. ADAMS, sworn for the Defendant.I am a photographer. I took photographs of the Selig home at 68 E.Georgia Avenue from the inside and the outside of the back door, lookingtoward the passageway that leads in the dining room. The door into thedining room was open, for me. This view (Exhibit 62) is view madefrom the outside of the rear door. I was about three feet outside of thedoor. The picture does not extend to the mirror, or the sideboard. Youcould not see them from the outside. This (Exhibit 63 for Defendant) isa photograph taken standing directly in the

T. H. WILLET, sworn for the Defendant.I am a pattern maker. I made the pattern of pencil factory from ablue print. This is the model (Exhibit 13 for Defendant).CROSS EXAMINATION.The height of the floors is not made according to scale. The floorplan is a correct representation, according to the blue print. The windowsin Mr. Frank's office were not put in by me.RE-DIRECT EXAMINATION.I was given no instructions except to follow the ground floor plan asshown on the blue print. This is the blue print (Defendant's Exhibit85), from which I made the model.T H WILLET, Sworn In For The State, 108th

C. W. BERNHARDT, sworn for the Defendant.I am a contractor and builder. This (Defendant's Exhibit 52) fairlyrepresents the back porch of the Selig home, as well as the first floor ofthe house. Standing in the kitchen door you can't look through the passageway and see into the mirror. If you move up a little distance youcan see about 18 inches of the mirror. You could see nobody sitting onthe south side of the table in the dining room, or on the north side of thetable, in fact you cannot see the table at all, or the door leading from thedining

H. M. WOOD, sworn for the Defendant.I am the Clerk of the Commissioners of Roads and Revenues ofFulton County. Standing in the back kitchen door of the Selig residence,that enters on the back porch and undertaking to look into the diningroom, I could not see the mirror in the corner of the dining room at all. Moving up into the kitchen, near the passageway, I could see nothing but top of one chair by looking in the mirror.CROSS EXAMINATION.The view that I could get of the mirror would depend upon where Istood in the kitchen. I can only speak from

JULIUS A. FISCHER, sworn for the Defendant.I am a contractor and builder. I looked at the house of the Selig'sat 68 E. Georgia Avenue. Standing in the kitchen door, I had very littleview of the sideboard. You could see possibly an inch in the mirror. Youcan get no view from the mirror. The test was made sitting down andstanding up. The mirror is four feet high from the floor. You could getno view of the dining room table, nor see a man sitting at the table. Themirror is fixed straight up and down. The view you get depends on theangle

J. R. LEACH, sworn for the Defendant.I am division superintendent of the Ga. Rwy. & Power Co. I knowthe schedule of the Georgia Avenue line and the Washington Street line.The Georgia Avenue line leaves Broad and Marietta on the hour andevery ten minutes. It takes two minutes to go from Broad and Mariettato the corner of Whitehall and Alabama. It takes 12 or 13 minutes torun from Broad and Marietta to the corner of Georgia Avenue andWashington Street, about ten minutes from Whitehall and Alabama toGeorgia Avenue and Washington Street. The Washington Street carleaves Broad and Marietta two minutes after

K. T. THOMAS, sworn for the Defendant.I am a civil engineer. I measured the distance from the intersectionof Marietta and Forsyth Streets to the pencil factory on Forsyth Street.It is 1,016 feet. I walked the distance, it took me four and a half minutes.I measured the distance from the pencil factory to the intersection ofWhitehall and Alabama; it is 831 feet. I walked the distance and it tookme 31/2 minutes. I measured the distance from the pencil factory to thecorner of Broad and Hunter; it is 333 feet. I walked it in a minute andthree quarters. I walked at a

L. M. CASTRO, sworn for the Defendant.I walked from the corner of Marietta and Forsyth Streets to the upstairs of the National Pencil factory on S. Forsyth Street at a moderategait. It took me 41/2 minutes. I walked from the same place in the pencilfactory to the corner of Whitehall and Alabama Streets, and it tookme three minutes and twenty seconds. I walked from the corner of Hunterand Broad Streets to the same place in the pencil factory and it tookme one minute and a half.L M CASTRO, Sworn In For The State, 114th To Testify

PROF. GEO. BACHMAN, sworn for the Defendant.Prof. of Physiology and Physiological Chemistry Atl. Col. Phys. &Surgeons. Bomar says it takes 4 hours and a half to digest cabbage.That's for the cabbage to pass from the stomach into the intestines.The gastric digestion takes 4 hours and a half. That is the time it issupposed to be in the stomach. More digestion occurs in the small intestine. The pancreatic juice helps digestion mostly in the small intestine. It consists of water in organic salts of which sodium carbonate is the most important, and a number of ferments. The ordinary time that ittakes

DR. THOMAS HANCOCK, sworn for the Defendant.A doctor for 22 years. Engaged in hospital work 6 or 7 years.Have treated about 14,000 cases of surgery. Have examined the private.parts of Leo M. Frank and found nothing abnormal. As far as my examination disclosed he is a normal man sexually. If a body is embalmedabout 8 or 10 or 12 hours after death, a gallon of the liquids of the bodyremoved, a gallon of embalming fluid, containing 8% formaldehydeis injected, the body buried and a post mortem examination made atthe end of 9 or 10 days, and the doctor finds back

DR. WILLIS F. WESTMORELAND, sworn for the Defendant.DIRECT EXAMINATION.A practicing physician for twenty-eight years, general practice andsurgery. A professor of surgery for twenty years, and formerly presidentof the State Board of Health. If the body of a girl between thirteenand fourteen years old was embalmed about ten hours after death, aftertaking out a gallon of fluid and putting in a gallon of embalming fluid, ofwhich 8%is formaldehyde and the body was buried and nine orten days after upon a post mortem examination a cut an inch and a halflong cutting through to the skull in some places was found by

DR. J. C. OLMSTEAD, sworn for the Defendant.Practicing physician for 36 years. Given the facts that a younglady 13 or 14 years old died and 8 or 10 hours after death the body wasembalmed with a preparation containing 8% formaldehyde, andthe body is exhumed at the end of 9 or 10 days, and a post-mortem examination shows a wound on the left side of the back of the head aboutan inch and a half long, with cuts through to the skull, but no actualfracture of the skull, but a hemorrhage under the skull correspondingto the point where the blow was

DR. W. S. KENDRICK, sworn for the Defendant.I have been a practicing physician for thirty-five years. I was Deanof the Atlanta Medical College. I gave Dr. Harris his first positionthere. If a young lady between thirteen and fourteen years of age diedand a post-mortem examination was made within eight or ten days afterdeath, by a physician who makes a digital and visual examinationto determine whether there is any violence to the vagina or not, and insertshis fingers for the purpose of deciding, and the body is embalmed,and after nine days it is disinterred and another post-mortem performedand the physician performing