Author: Historical Librarian


Friday, 15th August 1913 Factory Forewoman Swears Conley Said He Was Drunk on April 26

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Atlanta ConstitutionAugust 15th, 1913 Miss Rebecca Carson, a forewoman in the pencil factory, who made the startling statement that Jim Conley had admitted to her that he was drunk on the Saturday of the murder was put on the stand. "Did you see Leo Frank at any time on April 26?" "Yes, I saw him on Whitehall street near Hunter between 2:20 o'clock and 2:25." "Did you speak to him?""Yes." "Did you come to the factory Monday morning following the murder?""Yes." "Did you see Frank?""Yes." "Jim Conley?""Yes." "Did you talk with Conley?""Yes." "What did he say?""I asked him where he

Friday, 15th August 1913 Factory Mechanic Tells of Blood on Floor From Mans Wounded Hand

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Atlanta ConstitutionAugust 15th, 1913 Charley Lee, a mechanic in the pencil factory, who admitted on cross-examination that he had received a raise in salary within the past two weeks, was called to testify to a number of accidents on the second floor from which blood had been spilled in vicinity of the dressing rooms where blood spots were found after the tragedy. "Do you remember an accident in the metal room on October 4, 1912?""Yes, a man named Duffy was cut on the finger and bled freely." "Was his finger cut to the bone?""Yes." "Did he go to the ladies'

Friday, 15th August 1913 Frank in Jovial Mood While Poker Game Was Going on at His House on Night of 26th

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Atlanta ConstitutionAugust 15th, 1913 Mrs. M. Marcus, a relative by marriage of Mrs. Leo M. Frank, was the first witness called at the afternoon session. She was one of the friends of the Franks and Seligs who played cards at their home, 68 East Georgia avenue, on the night of April 26. She swore Frank acted naturally during all the time that she saw him and that he even got to laughing at a baseball story he was reading in a magazine and tried to break up their poker game by reading it to them. "Did you see Mr. Frank

Friday, 15th August 1913 Frank Not Nervous on Night Of Murder Says Mrs. Ursenbach

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Atlanta ConstitutionAugust 15th, 1913 Mrs. Charles F. Ursenbach followed her husband on the stand. During the cross-examination by Attorney Hooper she was asked scores of detailer questions about the words and manner of Leo Frank on the Sunday that the body was found. "What is your relation to Mrs. Leo Frank?" asked Mr. Arnold. "I am her sister." "Did you hear about the message from Mr. Frank saying he could not go to the ball game with your husband that Saturday?""Yes, I got it from the servant." "At what time?" "At about 12:30." "Did you see Frank on Sunday?" "Yes."

Friday, 15th August 1913 Frank Prepares to Take Stand

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  Atlanta Georgian August 15th, 1913 Defense's Attorneys Expect to Rest Case To-day CLIMAX NEAR IN GREAT COURT FIGHT; CROWDS AGAIN FLOCK TO TRIAL Interest in the trial of Leo M. Frank surged upward magically Friday when it was reported about the courtroom that the defense was nearing the close of its case, and that the defendant himself would be placed on the stand within a short time to make his only statement before his fate was placed in the hands of the twelve jurors. The rumor spread outside the court house mysteriously and an unusual number sought admittance early

Friday, 15th August 1913 Lawyers Appear Very Interested in Raincoat Lent to Leo M. Frank

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Atlanta ConstitutionAugust 15th, 1913 Charles F. Ursenbach, husband of Mrs. Leo Frank's sister was put on the stand following Miss Dula May Flowers. He was used by the defense to show what Leo Frank had broken the baseball engagement early on Saturday morning. He also testified to Frank's demeanor after the crime and was asked a number of questions about lending Frank his raincoat Sunday afternoon. What the importance of the raincoat was, neither side would say, but each asked a large number of questions about it. "Did you see Frank on Sunday?" asked Mr. Arnold. "I did." "Did you

Friday, 15th August 1913 Leo M. Frank Ready to Tell His Own Story to Jury

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  Atlanta Journal August 15th, 1913 TAKES WITNESS STAND SATURDAY MORNING; UNDER LAW CANNOT BE EXAMINED BY THE SOLICITOR Defense's Case is Rapidly Nearing Completion, and Indications Are That All Witnesses, Except Frank, Will Have Testified Before Court Adjourns Friday—Forty Atlantians Tell of Accused's Good Character ATLANTA GIRL BROUGHT REFORMATORY IN CINCINNATI TO TESTIFY AGAINST FRANK Miss Dewey Hewell, Sixteen Years Old, Arrived Friday Morning With Matron Bohnefeld—Nature of Her Testimony Is Not Known-Expert in Varnish Department Says Spots in Factory Look Like Varnish Forty Atlantians took the stand during Friday morning's session of the Frank trial and testified to

Friday, 15th August 1913 Many Men Swear to Good Character of Superintendent of Pencil Factory

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Atlanta ConstitutionAugust 15th, 1913 Classmates and Instructors at Cornell Come to Atlanta to Testify to His Clean Life While at College and to Show Their Loyalty to Old College Friend. DORSEY ASKS REMOVAL OF LEO FRANK'S MOTHER AND WIFE FROM COURT Judge Warns Them That Another Scene Like That of Wednesday, When Mrs. Rae Frank Denounced Solicitor, Will Result in Barring Them—Leach Proves Good Witness for the State Although Called to Testify by Defense More witnesses were examined Thursday than on any day since the trial of Leo M. Frank began. However, there was little adduced from the testimony that

Friday, 15th August 1913 Milton Klein, Visitor of Frank, Is Grilled by Solicitor Dorsey

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Atlanta ConstitutionAugust 15th, 1913 Milton Klein, a wholesale lumber dealer, a frequent visitor of Frank's while he was in the tower, was the last witness of the day. He was cross-examined at length by Solicitor Dorsey, whose object apparently was to show that it was Klein who prevented the detectives confronting Frank with Jim Conley. The direct examination of Klein by Attorney Arnold was as follows: "How long have you known Frank?""Ever since he came here." "Was his character good or bad?""It was good." "When was the last time you saw Frank?" asked Solicitor Dorsey on cross-examination. "Did you see

Friday, 15th August 1913 Miss Eva May Flowers Did Not See Any Blood on Factory Floor

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Atlanta ConstitutionAugust 15th, 1913 Miss Eula May Flowers, an employee of the National Pencil factory, was put on the stand following the two Cornell professors. "Were you at the factory on April 26?" asked Mr. Arnold. "Yes." "What department are you in?""The packing department." "Who got the data and when from you for the financial sheet made up on April 26?""Mr. Schiff got it from me about 6 o'clock Friday afternoon." "You say you always turned in your report on Friday afternoons?" asked Attorney Hooper, who took up the cross-examination. "Yes," the witness replied, "either on Friday afternoons or early

Friday, 15th August 1913 Mother-in-Law of Frank Denies Charges in Cooks Affidavit

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  Atlanta Constitution August 15th, 1913 Following the testimony of those who claimed to have played poker at the Emil Selig home on the night of April 26, Mrs. Selig, Leo Frank's mother-in-law was placed on the stand and asked a number of questions about the happenings at her house on Sunday, April 27. To most of the questions from the state on cross-examination she replied that she had forgotten. When the witness took the stand, Attorney Arnold called on the state for the affidavit which Minola McKnight, the Selig's cook, signed at police station and later repudiated. "Mrs. Selig,"

Friday, 15th August 1913 Pittsburg Witness Tells of Franks Standing in School

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  Atlanta Constitution August 15th, 1913 John W. Todd, of Pittsburg, PA., purchasing agent for the Crucible Steel company, who was with Frank at Cornell university, followed Mrs. Emil Selig to the stand. He was asked if he knew the general character of Frank while at college and replied that he did and that it was good. He was let off with no cross-examination and went over and shook hands with the defendant and his wife and mother. He then passed by the press table and shook hands with a newspaper man who formerly worked in Pittsburg. After staying a

Friday, 15th August 1913 Sig Montag Tells of Employment Of Detectives and Two Lawyers

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Atlanta ConstitutionAugust 15th, 1913 Sig Montag, president of the National Pencil company and associate in Montag Brothers, was put on the stand at the close of the morning session. He testified that during part of the time named by Jim Conley in the dates at which he swears he watched for Frank on the first floor the Clark Woodenware offices occupied that portion of the factory building. He was examined by Mr. Rosser. "What was your connection with the pencil factory from May last?""First secretary and treasurer, then president." "How often did Frank come to your office?""Once a day except

Friday, 15th August 1913 Sister of Mrs. Leo M. Frank Tells Jury About Card Game

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Atlanta ConstitutionAugust 15th, 1913 Mrs. A. Marcus, a sister of Mrs. Leo Frank, followed Mrs. C. F. Ursenbach, another sister. She was among those who played cards at the Selig home on April 26. "Did Frank and his wife play cards with the rest?" Mr. Arnold asked. "No." "Where were they?""Mr. Frank sat in the hall reading and his wife was in and out of the room." "What time did they go to bed?""Something after 10 o'clock." "Was Frank nervous?""No." "Anything unusual about him?""No." "You say Frank sat in the hall reading, did you?" asked Attorney Hooper on cross-examination. "Yes,"

Friday, 15th August 1913 Testimony of Girls Help to Leo M. Frank

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Atlanta GeorgianAugust 15th, 1913 In the presentation of its alibi for Leo M. Frank, the defense probably accomplished more Thursday than it had in all of previous time since the prosecution rested its case. Frank's lawyers had promised that they would show where Frank was practically every minute on the day the murder of little Mary Phagan was committed and would demonstrate that it would have been impossible to carry out the disposal of the slain girl's body and the writing of the notes as the negro, Jim Conley, described them. If their alibi witnesses are to be believed, the

Friday, 15th August 1913 Two More Character Witnesses Are Introduced by the Defense

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Atlanta ConstitutionAugust 15th, 1913 Another character witness was introduced by the defense in Harry E. Lewis, of Brooklyn, N. Y., former neighbor of Frank, and a former assistant to the district attorney. "Did you ever know Frank?" he was asked by Mr. Arnold. "Yes, for about twelve years." "How?""He was my neighbor." "Did you know him until he came south? What was his character?""Good." Cross-examination by Mr. Hooper. "Have you known him since he came south?""No." "You may come off."The second character witness of the Thursday session was Herbert Lasher, of Fleischman, N. Y., a former college mate of the

Friday, 15th August 1913 What They Say Wont Hurt Leo Frank; State Must Prove Depravity

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Atlanta GeorgianAugust 15th, 1913 By JAMES B. NEVIN. There is nothing apparently so plain to outside observation as character—just character—and there is, strange to say, nothing so difficult at times to prove. "They say" and "but" are the two most notorious scandalmongers in the universe—"they say" so and so' and he or she is all right, "but!" Character, upon which so much depends in this world, upon which civilization itself and decency and right is founded, is, nevertheless, the most elusive of all things when it comes right down to brass tacks of proving it beyond the shadow of a

Friday, 15th August 1913 Wife and Mother of Frank Are Permitted to Remain in Court

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Atlanta ConstitutionAugust 15th, 1913 At the opening of the morning session yesterday Solicitor Dorsey motioned for the court to exclude the wife and mother of Leo M. Frank, Mrs. Lucille Frank and Mrs. Rae Frank, on account of the sensational outburst of the mother Wednesday afternoon, when she denounced the solicitor for attacking the character of her son. In reply to the solicitor's move to have the mother and wife of the defendant excluded from the court room, Attorney Arnold made a strong speech in their behalf, saying: "It is a new doctrine to me where a wife and mother

Friday, 15th August 1913 Women Tell of Seeing Frank On Way to and From Factory On Day That Girl Was Murdered

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Atlanta ConstitutionAugust 15th, 1913 The first of a chain of witnesses who were produced to prove Frank's movements during the time he left the pencil factory for dinner was Miss Helen K. Curran, a pretty stenographer, who stated that she met him at Jacobs' pharmacy on Whitehall street and Alabama. She was questioned by Mr. Arnold. "Where were you on April 26?""A little after 1 o'clock I was standing at Jacobs' drug store at Whitehall and Alabama streets. It was about 2:05 o'clock." "Did you see Frank?" "I had been standing for five minutes on the corner when I turned

Saturday, 16th August 1913 Aged Negro Drayman Called As a Witness Against Conley

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Atlanta ConstitutionAugust 16th, 1913 Truman McCrary, an aged negro drayman, who once was an employee of the pencil factory, was put on the stand during the afternoon session. "Where do you work at present?" Mr. Arnold asked. "I run a street dray." "Where did you work up to May?" "At the pencil factory." "Did you work there on Saturdays?""Every Saturday for a year or more." "How late in the afternoons?""Sometimes until 3 o'clock and sometimes as late as 5." "On any Saturday afternoon did you ever see the front door locked?""No, sir." "Ever see Conley around the front door?""No, sir."

Saturday, 16th August 1913 Both Wife and Phone, He Says, Are Expensive and Necessary

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Atlanta ConstitutionAugust 16th, 1913 Ike Haas, well-known manufacturer, was put on the stand during Friday afternoon. "How long have you been in Atlanta?""Four years." "What is your business?" "I am a manufacturer." "Do you know Leo M. Frank and his general character?" "Yes." "Is it good or bad?" "Very good." "Did you hear your telephone bell ring on the morning of April 27?" "No, but I heard my wife answering it." Hooper on cross-examination: "Your wife woke you up?""Yes." "There is some little difference between a wife and a telephone, isn't there, Mr. Haas?""Yes; but both are expensive and necessary."

Saturday, 16th August 1913 Credit Man is Put on Stand to Identify Franks Writing

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Atlanta ConstitutionAugust 16th, 1913 M. O. Nix, credit man for Montag Bros., of whom Sig Montag is general manager of the National Pencil company, followed A. D. Greenfield to the stand. He identified Leo Frank's handwriting on a number of the financial sheets and on the one that he claims to have made up on April 26. When shown a sample of writing Frank did for the police when they desired to compare his writing with that on the murder notes, Nix said it looked like Frank's, but he refused to swear to it. "Previous to April 26 did you

Saturday, 16th August 1913 Dorsey Asks Bauer Where He Spent the Dinner Recess

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  Atlanta Constitution August 16th, 1913 R. V. Bauer, the ex-student who was on the stand undergoing cross-examination at the adjournment of the morning session took the stand at the opening of the afternoon session. "Who have you talked with since dinner?" he was asked by the solicitor. "Mr. Montag, Sig Gottheimer, Mr. Rosser and Mr. Arnold." "Where?" "In Mr. Arnold's office." "How long did you talk with him?" "Two or three minutes." "What did they ask you?" "Nothing but the facts I've already told you." "On the third Saturday in January, who did you see at the pencil factory?"

Saturday, 16th August 1913 Dorsey Questions Witness About Alleged Fund for Franks Defense

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Atlanta ConstitutionAugust 16th, 1913 A. D. Greenfield, one of the owners of the building occupied by the National Pencil company, of which Frank is superintendent, followed the former office boy to the stand. He was questioned about the occupancy of the building by the Clark Woodenware company, and also about Frank's character. "How long have you been one of the owners of the building occupied by the National Pencil company?" Mr. Arnold asked. "Since 1900." "Has any new flooring ever been put in on the second floor since you became part owner of the building?""No." "Do you know Leo Frank?""Yes."

Saturday, 16th August 1913 Every Girl on Fourth Floor of Factory Will Go on Stand

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Atlanta ConstitutionAugust 16th, 1913 Mrs. E. H. Carson, mother of Rebecca Carson, and a forewoman in the pencil factory, was put on the stand late in the afternoon. "How long have you been employed by the pencil factory?" "Three years." "Did you ever see blood spots around the dressing rooms?" "Yes." "When did you see Jim Conely last?" Saw Conley on Tuesday. "I saw him the Tuesday after the murder. He came to my machine, and I said: ‘Jim, I see they haven't go you yet.' Thursday he came again. I told him the same thing. He said that he

Saturday, 16th August 1913 Factory Employees Testimony Causes Laughter in Court Room

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Atlanta ConstitutionAugust 16th, 1913 Joseph Stelker, an employee of the National Pencil company, followed the Montag's credit man to the stand. Stelker was questioned closely about conditions at the factory, and while he was on the stand both sides again took up the much-discussed question of whether or not Frank had a raincoat with him on the day of the murder. Stelker, in his testimony, made the spectators laugh when he told of how Jim Conley had swindled him out of a half a can of beer. He also remarked that he thought Jim was a better negro for having

Saturday, 16th August 1913 Frank as Innocent as Angels Conley Told Her, Says Witness

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Atlanta ConstitutionAugust 16th, 1913 Miss Julia Fuss, a girl about 16 years old, and an employee at the National Pencil factory took the stand to testify as to Frank's character. She not only testified that she believed the defendant's character to be good, but that she had heard Jim Conley declare that Mr. Frank was as innocent as the angels in heaven. Mr. Arnold asked Miss Fuss whether she had ever been in Frank's office when anything immoral took place. She replied that she had not. "Do you know Jim Conley?""Yes." "Did you talk with him after the murder?""Yes. On

Saturday, 16th August 1913 Girls Testify For and Against Frank

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Atlanta GeorgianAugust 16th, 1913 ‘I'D DIE FOR HIM!' CRIES ONE, CONVULSING COURT CLUB AND ENVELOPE FOUND BY PINKERTON MAN PUT IN EVIDENCE Two factory girls, one of them defending Leo M. Frank with all the eloquence at her command, and the other admitting that she had known of the factory superintendent opening the door to the girls' dressing room on three different occasions and looking in, formed the center of interest among the score of witnesses who were called Saturday by the defense. They were Miss Irene Jackson and Miss Sarah Barnes. Miss Jackson, daughter of County Policeman Jackson, testified

Saturday, 16th August 1913 Host of Witnesses Declare Franks Character to Be Good

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Atlanta ConstitutionAugust 16th, 1913 The greater part of the time Friday was taken up by the defense in producing witnesses to swear to the good character of Frank. One witness placed on the stand, F. F. Gilbert, an employee of Montag Mros. , swore that he did not know Frank well enough to testify to his character. The witnesses who were used solely to attest his good character were: Dr. and Mrs. J. E. Sommerfield, of 300 Washington street; F. Schiff, of 18 West Fair street; Joseph Gershon, of 390 Washington street; P. D. McCarley, of 24 Hemphill avenue, in

Saturday, 16th August 1913 Leo Frank Innocent, Said Conley, According to a Girl Operator

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Atlanta ConstitutionAugust 16th, 1913 Mrs. Dora Small, a machine operator for the pencil factory, was the last witness of the afternoon session. "How long have you been working with the factory?" she was asked by Arnold. "For five years." "Did you know Mary Phagan?""Only when I saw her." "Did you know Jim Conley?""Yes, I saw him the week after the murder." "Did you see him with newspapers?""Yes, he borrowed money from me to get them with." "Did he look like he was reading them?""He was reading them." "How was his coat?" Said Frank Was Innocent. "All buttoned up plumb to

Saturday, 16th August 1913 Maid in Schiff Home Tells of Phone Message From Frank

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Atlanta ConstitutionAugust 16th, 1913 Emma Hill, a maid in the Schiff home was called to tell of a telephone message for Herbert Schiff, made by Frank on the morning of the tragedy. "Do you remember anybody trying to call Schiff on the 26th of April?" "Yes, sir. Somebody who sounded like a boy, rang the phone and said tell Mr. Schiff that Mr. Frank wanted him at the office to do some work." "What time was it?" "It was about 11 o'clock. I woke Mr. Schiff and he said tell whoever it was at the phone that he would be

Saturday, 16th August 1913 Many Testify to Franks Good Character

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Atlanta GeorgianAugust 16th, 1913 Nearly half a hundred witnesses testified in behalf of Leo M. Frank Friday. As a climax to the day's proceedings in Judge Roan's court the defendant's mother, Mrs. Rae Frank, went on the stand to add her testimony to that which she hoped would save her son from the gallows. Virtually all who were called were character witnesses. Near the close of the day Reuben Arnold announced that he proposed to call every woman and girl employed on the fourth floor of the pencil factory, as well as many from the other floors, to testify to

Saturday, 16th August 1913 Miss Mary Perk Tells Jurymen She Believes Conley Is Guilty

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Atlanta ConstitutionAugust 16th, 1913 Miss Mary Perk, a forelady in the polishing department of the pencil factory followed Mrs. Carson to the stand. "Do you know Frank and his general character?" she was asked by Mr. Arnold. "Yes, for five years." "Is it good or bad?""Good." "Do you know Jim Conley?" "I saw him Monday. I accused him of the murder and he tucked his head and walked away." "Is his character good or bad?""Bad." Mr. Dorsey on cross-examination. "You reported your suspicion of Conley to Frank on Monday, didn't you?""No." "What made you suspect Jim?""He acted like he was

Saturday, 16th August 1913 Mother of Frank Takes Stand to Identify Letter Son Wrote

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Atlanta ConstitutionAugust 16th, 1913 The more or less listless curiosity of the courtroom spectators was scarcely aroused during the afternoon until the last witness was called who was Mrs. Rae Frank of Brooklyn, N. Y. The mother of Leo M. Frank. Not the slightest intimation had been given that Mrs. Frank would be called to the stand and a whisper of surprise spread over the room as the leaden-eyed mother, weary with the many days through which she has patiently sat and heard every conceivable blight cast at the name of her son slowly ascended the stand. As she held

Saturday, 16th August 1913 Mothers Love Gives Trial Its Great Scene

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Atlanta GeorgianAugust 16th, 1913 By L. F. WOODRUFF. Every human emotion has been paraded during the long three weeks of the Frank trial. There has been pathos. Comedy has opposed tragedy. Science has met sympathy. Truth has been arrayed against fiction. Negro has conflicted with white. The erudite Arnold has matched wits with the thick-lipped, thick-skulled Conley. Luther Rosser, stern, determined and skillful, has had to try to meet the machinations of a brain of a cornfield negro, Newt Lee. Hugh Dorsey, young and determined, Frank Hooper, smiling and ambitious, have breast to breast encountered the battles of Rosser and

Saturday, 16th August 1913 Mrs. Rae Frank Goes on Stand in Defense of Her Son

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Atlanta ConstitutionAugust 16th, 1913 MOTHER IDENTIFIES LETTER FRANK HAD WRITTEN TO UNCLE ON MEMORIAL DAY Testimony Used by Defense to Show That the Prisoner Could Not Have Written This Letter, Which Was of Considerable Length, Had He Been Laboring Under Stress of Excitement Which Would Have Followed the Murder of Mary Phagan. PENCIL FACTORY GIRLS SWEAR CONLEY CALLED FRANK AN INNOCENT MAN Witness After Witness Declare That They Never Saw Women in Office of Superintendent—The State Brings Girl Back From Home of Good Shepherd in Cincinnati to Give Evidence Against Prisoner—Her Testimony Is Kept a Secret. The defense played one

Saturday, 16th August 1913 Mrs. Rae Frank Takes Stand in Sons Defense

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Atlanta JournalAugust 16th, 1913 Identifies Letter Written By Frank to N. Y. Kinfolks On the Day of the Murder By Asking Pencil Factory Forelady If She Saw Frank Talking to Mary Phagan, Solicitor Dorsey Indicates That He Has Witnesses Who May Furnish Further Sensational Testimony Along This Line Mrs. Rae Frank, mother of Leo M. Frank, the accused factory superintendent took the stand Friday afternoon in defense of her boy and was on the stand when trial adjourns, at 5:45 o'clock until 9 o'clock Saturday. Mrs. Frank testified as to a letter which was written by her son on the

Saturday, 16th August 1913 Never Saw Any Women in Office of Frank Says Negro Witness

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Atlanta ConstitutionAugust 16th, 1913 Walter Pride, a negro employee in the National Pencil factory, who is named in Jim Conley's story, was put on the stand in the middle of the afternoon. "Where do you work on Saturdays?" he was asked by Arnold. "I work every where anything is to be done on the machinery." "Have you missed a single Saturday since May?""No." "What floors do you work on on Saturdays?""From basement to the roof." "What do you do on the office floor?""Work on the toilets." "What time do you generally leave on Saturdays?""4:30 o'clock." "Ever see any women come

Saturday, 16th August 1913 Pencil Factory Model is Damaged in Fight

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  Atlanta Journal August 16th, 1913 Lamar Rucker and Max Swain, Reporter, "Scrap" Adjoining Court Room A fight between Lamar Rucker, an attorney from Athens, and Maxwell Swain, representative of the Atlanta Star, at the trial of Leo M. Frank, badly damaged the six-foot long model of the pencil factory introduced by the defense and scanned by numerous witnesses on the stand in illustrating their stories. The model had been stored in the press room, adjoining court. Mr. Rucker, who formerly lived in Atlanta, and Mr. Swain were total strangers to each other until the encounter introduced them. Mr. Swain

Saturday, 16th August 1913 Says Frank Broke Baseball Date Shortly After Girl Was Killed

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Atlanta ConstitutionAugust 16th, 1913 Annie Hicks, a maid in the home of Charles Ersenbach, testified to having received a telephone call from Frank to Ersenbach, breaking a ball game engagement for the afternoon of April 26. "Do you recall Memorial day?""Yes, sir." "Did you get a telephone message from Mr. Frank?""Yes, he called at 1 o'clock and said tell Charles Ersenbach that he couldn't go to the ball game that afternoon. He stopped for a minute and said, to somebody beside him, ‘Hush, honey,' and I supposed he was talking to his wife." Dorsey on cross-examination. "How long have you

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