Category: TRANSCRIPTS: ATLANTA CONSTITUTION

Atlanta ConstitutionAugust 9th, 1913 Daisy Hopkins, a resident of Redan, Georgia, and the woman who Jim Conley and C. B. Dalton declare frequently went to the National Pencil factory with Dalton while Leo Frank was there and was aware of her presence, was the first witness called by the defense Friday morning. The woman swore to a full and complete denial of every charge that the white man and the negro had made and declared that she only knew Frank by sight, as she had worked at the factory from October, 1912, until June 1912. When Solicitor Hugh Dorsey took

Atlanta ConstitutionAugust 9th, 1913 N. V. Darley, general manager of the National Pencil factory, who has already been used as a witness for the prosecution, was called to the stand for the defense following the pattern maker's department. He was examined by Mr. Arnold. "You are the general manager of the pencil factory, aren't you?""Yes." "Looking from a point of ground plan, isn't this a correct model of the pencil plant?" "Yes." Darley then described various furniture and fixtures in the basement and two floors depicted in the model. Plain View of Stairway. "If a body fell down the chute

Atlanta ConstitutionAugust 9th, 1913 T. H. Willet, a pattern maker, who built the model of the pencil factory, was next called by the defense. Under the cross-examination of Mr. Hooper he frequently admitted discrepancies in the pasteboard structure submitted by Frank's counsel. "What is your occupation?" he was asked by Mr. Arnold. "Pattern maker." "Did you make an inspection of the National Pencil factory?""Yes." "In making this model, as to its dimensions and proportions, you have followed exact figures of blue prints?""Yes." Under Cross-examination. He was then cross-examined by Mr. Hooper. "You do not know whether this is a correct

Atlanta ConstitutionAugust 10th, 1913 That the defense in the trial of Leo M. Frank, charged with the murder of Mary Phagan, will continue its attack upon the testimony of Dr. H. F. Harris, who made a postmortem examination of the body and declared the girl must have died at about 12:10 in the afternoon, was the information secured Saturday. Dr. Willie Westmoreland, Dr. J. N. Ellis and Dr. T. H. Hancok are expected to be the physicians placed upon the stand to refute this declaration made by Dr. Harris. The defense has already made an attack upon the state's claim

Atlanta ConstitutionAugust 10th, 1913 C. B. Dalton, who was used by the state to corroborate some of Jim Conley's testimony against Leo Frank, was the first witness called by the defense Saturday morning. He did not respond and George Epps, the newsboy who claims to have ridden to town with Mary Phagan the day she met death, was next called. The lad, who could not be found Friday, was present and took the stand. State and defense clashed over the lad as Solicitor Hugh Dorsey stated that Attorney Reuben Arnold had tried to give the impression Friday that he had

Atlanta ConstitutionAugust 10th, 1913 ROSSER CALLS HIM BEAU BRUMMEL OF BAR By Britt Craig. He has a kind and genial face that makes you feel he is the friend of everybody in the world, but in the midst of a big trial he might be compared with a Gatling gun, except for the fact that there doubtless are witnesses who would prefer facing the Gatling. There is a liberal sprinkling of gray in his hair, and Luther Rosser has often truthfully, although sarcastically, referred to him as the Beau Brummel of the bar. You would never suspect that he was

Atlanta ConstitutionAugust 10th, 1913 The introduction of character testimony in behalf of Leo Frank at present seems very probable. It is not thought, however, that witnesses of this nature will be put on the stand until the middle of the week. Attorneys for the defense, as in the past, who have withhold their plans until the exact moment of performance, have refused to discuss whether or not character witnesses will be called. It is the general impression, however, that a wealth of this evidence will be presented—more, in fact, than has been produced in any trial in the state. At

Atlanta ConstitutionAugust 10th, 1913 Will the defense strive to show by witnesses that the pencil factory elevator was not run on April 26 as told by Jim Conley in his remarkable story? Since a question put to General Manager Darley by Luther Rosser when Darley was placed on the tand Friday, much speculation has been created in this regard. Although attorneys for the defense will not discuss the subject, it is the prevalent belief that an effort will be made to show by mechanicians that the elevator was not in operation at any time during that fateful afternoon. Darley was

Atlanta ConstitutionAugust 10th, 1913 J. M. Minar, a reporter, was put on the stand by the defense after the Epps boy left. By him the defense sought to prove that the boy had talked of Mary Phagan and had not mentioned seeing her on the car. Before he had finished cross-examining him Attorney F. A. Hooper sought to create the impression on the jury that The Georgian, for which Minar works, had instructed him to discover as much news favorable for Leo Frank as possible, and Mr. Arnold entered an objection at once. "Did you go to the Epps' home

Atlanta ConstitutionAugust 10th, 1913 HIS STATEMENTS HELP DEFENSE Herbert G. Schiff, assistant to Leo M. Frank at the National Pencil factory, followed J. H. Minar on the stand Saturday. His testimony was used by the defense in an efort to refute the stories of Jim Conley and C. B. Dalton to the effect that Frank frequently had women in the office on Saturdays and holidays and he also went into great detail and testified to the complexity of the financial sheet and the large amount of work necessary to complete it. He was being cross-examined by the state when court

Atlanta ConstitutionAugust 10th, 1913 Saturday by Far the Best Day for the Defense Since Start of the Frank Trial Two Weeks Ago. SAYS WOMEN DID NOT VISIT FRANK'S OFFICE Lawyers for State and Defense in Frequent Clashes During the Testimony of Frank's Assistant at the Factory. By far the best day the defense in the Frank trial has had came to a close Saturday afternoon at 12:30 o'clock when a recess was taken until 9 o'clock Monday morning, at which time Herert Schiff, assistant to Leo M. Frank, will again be on the stand to undergo a thorough cross-examination at

Atlanta ConstitutionAugust 10th, 1913 IMPORTANT WITNESSES HEARD The resting by the state of the its case against Leo M. Frank, charged with the murder of Mary Phagan, came on Thursday and the defense is at present setting forth its evidence in rebuttal. Since last Sunday much that is regarded as important has been introduced by both sides and a number of bitter fights have been waged over evidence. James Conley, the negro sweeper, who makes accusations that Frank told he had struck the girl too hard, and who also told of Frank's having women in his office for immoral purposes

Atlanta ConstitutionAugust 11th, 1913 Coats off and collars and ties flung carelessly on bedposts and convenient chairs the twelve jurors in the Frank case and Deputies Foster Hunter and Bob Deavours, in charge of them, were taking a comfortable afternoon rest Sunday when suddenly a woman's voice in a plaintive key called loudly from the street, "Oh, Bob, Bob Deavours!" The deputy leaped to his feet. He was certain he had heard his wife's voice, and though the suite of rooms in the Kimball house where the jury is quartered three floors above the street, the voice came from a

Atlanta ConstitutionAugust 11th, 1913 Trial May Have Reached the Point By End of This Week Where Lawyers Will Begin Their Argument. FIERCE ATTACK COMING ON HARRIS TESTIMONY The Defense Will Also Make Every Attempt to Break Down Story Told by Jim Conley, Negro Sweeper. The main points which the defense in the case of the state against Leo Frank, charged with the murder of Mary Phagan, will place before the jury in rebuttal of the prosecution will be given this week and by Saturday it is expected that the trial will have reached the point where the lawyers will begin

Atlanta ConstitutionAugust 12th, 1913 Dr. Willis Westmoreland, former head of the state board of health, who resigned some time ago after the board gave a clean bill to Dr. H. F. Harris, the secretary, whom he had accused of "scientific dishonesty," followed Dr. Hancock on the stand. He also made an examination of Leo Frank, stating in answer to Mr. Arnold's question that he had found the accused man to be normal. He was questioned by Arnold. "What is your calling?" "I am a physician of twenty-right years' experience." "What is your main practice?""General medicine and surgery." "Have you occupied

Atlanta ConstitutionAugust 12th, 1913 AS WILD GUESSES PHYSICIANS TERM TESTIMONY GIVEN BY DR. ROY HARRIS Assert It Is Impossible to Tell Accurately Just How Long It Takes for the Digestion of Cabbage—One Doctor Tells of Experiments He Had Made on Several Patients to Settle This Point. Doubt Value of Testimony About Violence. OLD ROW OF DOCTORS BOBS UP IN TESTIMONY OF DR. WESTMORELAND Declares That He Accused Dr. Harris of Scientific Dishonesty and Then Resigned From Board When It Refused to Discharge the Secretary—Joel Hunter Goes on Stand to Testify as to the Amount of Time Necessary on Frank's Books.

Atlanta ConstitutionAugust 12th, 1913 MADE CABBAGE DIGESTION EXPERIMENTS Dr. T. H. Hancock, a well known Atlanta physician, was the first of three medical experts to be presented in the afternoon in behalf of the defense. Dr. Hancock is official physician of the Georgia Railway and Electric company, and is a man of twenty-two years' experience. An astonishing feature of his testimony was the statement he made in answer to a question from Attorney Arnold to the effect that he had treated 14,000 surgery cases, a record hitherto unparelleled in Georgia history. He was examined directly by Mr. Arnold. "What is

Atlanta ConstitutionAugust 12th, 1913 Professor George Bachman, professor of physiology in the Atlanta College of Physicians and Surgeons, and formerly a demonstrator of physiology in Jefferson Medical college, was put on the stand following Schiff. By him the defense made a further attack on the deductions of Dr. H. F. Harris. He declared that the statements made by Dr. Harris amounted to guess work, according to his knowledge of the subject. "What is your nationality, professor?" Mr. Arnold asked. "I'm a citizen of Atlanta," replied the witness. "I mean, where were you born?" "I was born a Frenchman," replied Dr.

Atlanta ConstitutionAugust 12th, 1913 Joel Hunter, an expert accountant, was put on the stand to testify to the amount of work required in the compilation of the financial sheet upon which the defense declares Leo Frank worked during the afternoon Mary Phagan was murdered. "What is your occupation?" he was asked by Mr. Arnold. "I am a public accountant." "Do you hold a position with the state board?" "Yes, I belong to the board of examiners." "Did you examine Leo Frank's financial sheet?""Yes." "Did his assistant, Schiff, acquaint you with the data contained in the report?" "Yes." "Did you go

Atlanta ConstitutionAugust 12th, 1913 Dr. John C. Olmstead followed Dr. Westmoreland to the stand. He was questioned by Arnold. "What is your occupation?""I have been a physician for thirty-six years, and am a graduate of the University of Virginia and the University of New York." "Would you characterize such an opinion as the one you have read of by Dr. Harris as being a guess or a scientific conclusion?""As wild a guess as I've ever heard." Corroborates Other Doctors. He was questioned extensively along the same line of questions as were put to Dr. Westmoreland and Dr. Hancock relative to

Atlanta ConstitutionAugust 12th, 1913 H. G. Schiff, Leo Frank's assistant in the National Pencil factory, was put on the stand for a conclusion of the state's cross examination when court convened Monday morning. "How many books and papers were there that you say had not been worked on Friday night, and that you found completed Monday?" asked Solicitor Hugh Dorsey. "The financial sheet and those papers I showed you Saturday," Schiff replied. finished Friday?""Because when I left the office Friday I had not got up the data for them," the witness said. "If Frank had started to work at 8:30

Atlanta ConstitutionAugust 13th, 1913 Defense Calls Twenty-Two Men, Women and Boys to Give Evidence Favorable to Frank—Mr. and Mrs. Emil Selig, Parents of Frank's Wife, Declare That There Was Nothing Unusual in Conduct of the Prisoner on Day of Murder CHARACTER OF DALTON IS DECLARED TO BE BAD BY DEFENSE WITNESSES Called to Stand, He Admits Having Been Sent to Gang for Stealing Once and Having to Pay Fine on Another Occasion—Bitter Fight Is Waged Between Attorneys Over a Question Asked of Frank's Office Boy by Solicitor Dorsey, and Threat of Motion for Mistrial Is Made Calling upon a total

  Atlanta Constitution August 14th, 1913 Dr. William Owen, physician and real estate man, followed Dr. W. S. Kendrick on the stand. By him the defense desired to show that to carry out the movements told of by Jim Conley from the time he alleges Leo Frank called upon him to help move the girl's body until he left the factory would take much longer than Conley declared he took. After establishing his identity, Mr. Arnold began the examination of Dr. Owen, which resulted in the argument. "Dr. Owen, at our request you went to the factory of the National

Atlanta ConstitutionAugust 14th, 1913 Dr. William D. Owens, a well-known physician and one of the timekeepers in the re-enaction of Conley's story in the pencil factory was recalled to the stand at the afternoon session. He was questioned by Mr. Arnold and cross-examined by Mr. Hooper. "How much time did it require you to go through this performance?" asked Mr. Arnold. "Eighteen and a half minutes." "How rapidly did you go through it?""Just as fast as the directions could be read." The cross-examination began. "Where did you start the performance?" "From the second floor to the basement." "Did you read

Atlanta ConstitutionAugust 14th, 1913 The financial sheets which experts declared required from three to three and a half hours to compile were introduced in evidence after Oscar Pappenheimer, a stockholder in the National Pencil factory was examined. Mr. Pappenheimer testified that he had been a stockholder in the company since 1910. "Have you been getting comparative sheets from Frank since 1910?" Attorney Arnold asked. "Yes, sir." "Where have you been in the habit of receiving them?""Before deliveries of mail stopped on Sunday I invariably found the report in my mail box on Sunday morning. After that I received it every

  Atlanta Constitution August 14th, 1913 Frank Paine, formerly an office boy for the National Pencil company and who claims to have been working there on Thanksgiving day of last year, was placed on the stand following the introduction of the three character witnesses. The lad stated that he and Herbert G. Schiff were at the factory on the morning of Thanksgiving day, and that Schiff sent him to the top floor to help Jim Conley straighten out some boxes, which were cluttered around there. He declared that Conley left about 10:20 and then he left at 11 o'clock or

Atlanta ConstitutionAugust 14th, 1913 Bending his efforts to break down the testimony of Lemmie Quinn, foreman of the metal room, Solicitor Dorsey subjected the witness to a severe grilling when court reconvened at 2 o'clock yesterday afternoon. When Quinn resumed the stand he was still under direct examination by the defense. In answer to Attorney Arnold he declared that he was still an employee of the National Pencil factory. Solicitor Dorsey began cross-examination. "When was it these men bled on the floor of the metal room?" "About a year ago," Quinn replied. "What were their names?" "I remember that C.

Atlanta ConstitutionAugust 14th, 1913 Dr. William S. Kendrick, head of the chair of medicine of the new Atlanta Medical school and for the past thirty eight years a general practitioner of medicine, was the first witness put on the stand Wednesday morning. The physician on the stand declared the deductions of Dr. H. F. Harris, secretary of the state board of health, as to the time of Mary Phagan's death and the alleged violation as nothing more than guesswork. On cross-examination the solicitor forced Dr. Kendrick to admit that he was no expert on digestion and that he had not

  Atlanta Constitution August 14th, 1913 Following the putting off of the decision in regard to Dr. William Owen's testimony, seven Gwinett county citizens were introduced to add to the thick coat of lampblack already smeared over the character of C. Burgess Dalton, the man who accuses Frank of immoral conduct in the office of the National Pencil factory. All of the men swore that they would not believe the man on oath and only one or two of them were cross-examined by the state. The men introduced were O. A. Nix, attorney and former member of the legislature; Samuel

Atlanta ConstitutionAugust 14th, 1913 STIRS COURTROOM WHEN SHE RESENTS QUESTIONS ASKED FRANK'S WITNESS Solicitor Dorsey Was Cross-Examining Ashley Jones, a Witness Who Had Been Testifying to the Good Character of the Prisoner, and Had Just Asked Him if He Had Not Heard of Frank Taking Liberties With Little Girls Out at Druid Hills Some Time Ago. TEARS FILLING EYES, WOMAN LEAVES COURT WITH SON'S ATTORNEY Large Part of Wednesday's Testimony Was Consumed in an Effort on Part of the State to Break Down the Testimony Given by Lemmie Quinn—Dr. William K. Owen Takes the Stand in Afternoon to Tell How

Atlanta ConstitutionAugust 14th, 1913 Mrs. Rae Frank, the mother of the prisoner, startled the courtroom shortly before 4 o'clock, when she denounced Solicitor Dorsey, when he made an attack on the character of her son. J. Ashley Jones, a local insurance agent, was in the witness chair testifying to the moral character of the accused when the incident occurred. He was asked by Solicitor Dorsey if he had over heard of Frank taking little girls out to Druid Hills, sitting them on his lap and fondling them. Mrs. Frank glanced furiously at the prosecutor, and rising from her chair, she

Atlanta ConstitutionAugust 14th, 1913 Lemmie Quinn, foreman of the metal department of the National Pencil factory, was put on the stand by the defense following the ex-office boy. "Aren't you foreman of the department Mary Phagan worked in?""Yes." "Do you recall the time R. P. Barrett found the spots on the floor?""Yes." "Did Barrett ever state to you about his hope of getting a reward?""Yes, he asked my opinion." "What statement has he made about getting a reward if Frank should be convicted?" "He asked me if I didn't think he was entitled to something." "Did anybody ever see that

Atlanta ConstitutionAugust 14th, 1913 Alfred L. Lane, who stated that he lives in Brooklyn, and is a merchant of New York city, was the first witness to take the stand to swear to the good character of Leo Frank and so quietly was he introduced that not until the defense had asked him several questions did it become known what was about to take place. "You came here yesterday afternoon especially to testify about Mr. Frank, did you not?" asked Mr. Arnold after he had established the identity of the witness and drawn from him the statement that he had

Atlanta ConstitutionAugust 15th, 1913 Following Denham, J. R. Leach, a division superintendent for the Georgia Railway and Power company, took the stand. He was asked a number of questions by the defense about street car schedules, and on cross-examination proved a good witness for the prosecution by declaring that street cars frequently arrived in town some minutes ahead of their schedule and that the motorman and conductors were often punished for this. W. M. Mathews and W. T. Hollis who swore to bringing Mary Phagan to town on the day of the murder had declared that cars never reached town

Atlanta ConstitutionAugust 15th, 1913 R. A. Sohn, superintendent of the Jewish Orphans home, was called to testify on Frank's behalf. The witness said that his residence was at No. 408 Washington street. He said that he has known Frank a good many years and that his character was good. He was excused without undergoing cross-examination by Solicitor Dorsey. Alex Dittler, secretary of the Jewish Alliance and an officer of the Federation of Jewish societies, also testified to Frank's good character. The witness said that he has been a resident of Atlanta more than thirty-eight years. He was deputy city marshal

  Atlanta Constitution August 15th, 1913 Henry Smith, a mechanic in the pencil factory, who admitted on cross-examination that he had received a raise in salary in the past two weeks, went upon the stand to tell of Barrett's attitude in the case. "What department do you work in?" "The metal department." "Do you know of a man named Barrett who used to work there?" "Yes." "Ever hear of him getting a reward if Frank was convicted?" "I've heard him talk of it." "Did he ever go through the motions of counting money?" "Yes, he used to go by me

Atlanta ConstitutionAugust 15th, 1913 Following Mrs. E. A. Marcus, eight character witnesses were placed on the stand. They were V. H. Kriegshaber, Max Goldstein, Sidney Levy, Rabbi David Marx, D. I. McIntyre, and insurance man and member of the firm of Haas & McIntyre, Dr. B. Wildauer, a dentist, and John Findley, superintendent for Dittler Brothers and formerly master mechanic for the National Pencil company. "Do you know Frank?" asked Mr. Arnold of Mr. Kriegshaber, who was first called to the stand. "Yes." "Is his character good or bad?""It is good." "How often have you come into contact with Frank?"

Atlanta ConstitutionAugust 15th, 1913 Harry Denham, an employee of the National Pencil company, was put on the stand after the Pittsburg man had testified to the character of the defendant. Denham was asked a number of questions about what happened in the building on the day of the murder and through him the defense made the point that the elevator made a loud noise when it ran. Denham swore that the elevator shook the entire building when it stopped and when it started. "Were you at the factory on Friday, April 25?" he was first asked. "Yes." "Were you there

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

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'