Category: TRANSCRIPTS: ATLANTA CONSTITUTION

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

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."

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

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

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

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

  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,"

  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

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

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,"

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

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

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

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."

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."

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

  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?"

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."

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

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

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

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

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

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

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

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

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

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

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

Atlanta ConstitutionAugust 16th, 1913 B. J. Nix, of Marietta, an office boy for Leo Frank from April to October, 1912 was the first witness, outside of those testifying to character, who was put on the stand Friday. The lad who gave his age as 19 swore that he had never seen Frank having women in his office. He stated that he left the office at 1 o'clock every other Saturday during the summer months. "Were you ever an office boy for the National Pencil company?" was Mr. Arnold's first question. "Yes, sir." "When?""From April to October of last year." "Did

Atlanta ConstitutionAugust 16th, 1913 Harry Gottheimer, a traveling salesman for the Montag firm and the pencil factory, took the stand to tell of an engagement he had made with Frank on the afternoon of the murder. "Do you remember seeing Frank on April 26?" he was asked by Arnold. "Yes, I saw him at Montag's about 10 o'clock that morning." "Did you talk with him?""Yes, I was at the desk in the office and he came over to speak to me. I asked him of two important orders which had been forwarded and he said that if I would come

    Atlanta Constitution August 17th, 1913 Mrs. Rae Frank, mother of Leo Frank, resumed the stand at the opening of the morning session Saturday. Under cross-examination by Solicitor Dorsey, she was forced to tell much of her business interests In Brooklyn, her home, and that of many of her relatives. She was questioned first on direct examination by Mr. Rosser. "Has your son, Leo Frank, any rich relatives In Brooklyn?" "No." "When you opened this letter which he wrote to his uncle, where there any other papers in the envelope?" "Yes." "Did you recognize the handwriting of your son?"

  Atlanta Constitution August 17th, 1913 With the introduction of W.D. MacWorth, the Pinkerton detective who discovered the blood spots on the first floor near the trap door and the bloody club and pay envelope nearby, came the verification of a rumor that the prosecution would try to show an attempt on the part of the Pinkertons in the employee of the National Pencil factory to double-cross the police. This came when Dorsey sought to prove that the Pinkertons had tried to conceal from the police the fact of the discovery of the club, piece of buggy whip and the

The Atlanta Constitution August 18th, 1913 (Page 1, Column 7) Defense Intimates This, and Also That Statement Will Vary But Little From One Given at Inquest. FRANK PREPARED FOR ORDEAL OF STATEMENT Impeachment of Conley Being Prepared For, Say Lawyer-Spectators — Defense May Succeed in Ruling Out Part. Interest in the Frank trial is heightened by the announced prospect of the defendant taking the stand sometime today in the battle for his life that has been raging for the past two weeks. Attorneys for the defense intimated strongly Sunday afternoon that Frank would go on the stand either this morning

  The Atlanta Constitution, August 18th, 1913, Monday (Page 1, Column 3, Bottom) Mrs. A. E. Benton, grandmother of Mary Phagan, who had come to Atlanta to be present at the trial of Leo M. Frank charged with the murder of her little granddaughter, died last night at 9:40 o'clock at the home of her daughter and the dead girl's mother Mary, J, W, Coleman, of 704 Ashby Street. On the second day of the trial, grief and incessant worry over the death of her grand daughter carried Mrs. Benton to her bed, from which she was never able to

The Atlanta Constitution, August 18th, 1913 “In my five years of experience as deputy sheriff in the criminal division of Fulton superior court,” said Plennie Miner, who needs an introduction to no one, “I have had to handle many, many juries in many famous murder cases, but I have never had less trouble and more ease in providing for twelve men than in the Leo Frank trial. “In the average jury, there are men from every walk of life, farmers, engineers, baggage men, clerks, merchants and professionals of all character. Some retire early at-night, some sit awake until past midnight.

  Atlanta Constitution August 19th, 1913 Just before the close of the morning session the defense began putting in evidence various books and papers shown from time to time during the trial. The first first thing put up was the pasteboard model of the National Pencil factory. No objection was made lo this by the state, and Attorney Reuben Arnold explained that the model needs slight repairs, as during a "discrepancy" between two gentlemen in the anteroom one of them had been knocked through the elevator shaft. After offering the pasteboard model Mr. Arnold put in evidence without objection from

  Atlanta Constitution August 19th, 1913 The climax of the Frank trial came at the afternoon session Monday, when Leo M. Frank took the stand to tell of his actions on the day of the murder. The accused man's statement was clear, concise and straightforward. He talked in smooth, even tones, punctuating his statement with emphatic gestures of the arms and fingers. He had more the appearance of an at attorney making a fury speech instead of an accused man making a plea for life and liberty. It was a dramatic story, marked by the straightforward delivery of the prisoner.

The Atlanta Constitution,Tuesday, 19th August 1913.Page 1."Silent Man in Tower" Tells His Story to Men Who Will Decide His FateTwo poses of Leo M. Frank on the witness stand on Monday afternoon telling his story to the jury. In one picture he is shown with his notes in, his hand.Frank on the stand was cool, perfectly poised and at all times the master of himself. He showed no trace of nervousness. He looked the jury squarely in the face. He was at times explicit when explaining the details of his business, argumentative when telling of things that had looked dark

The Atlanta Constitution,Tuesday, 19th August 1913.Numbers of girls and women, either now employed or formerly employed at the National Pencil factory, were placed on the stand Monday by the defense to swear to the good character of Superintendent Leo M. Frank.The following, 21 in all, declared Frank's character good: Miss M. E. Fleming, Miss Annie Howell, Miss Lillie May Goodman, Miss Cora Cowan, Miss Jimmy Mayfield, Miss B. D. Smith, Miss Lizzie Ward, Miss Ida Holmes, Miss Willie Hatcher, Miss Mary Hatcher, Miss Olive Johns, Mrs. Georgia Denham, Miss Bessie White, Mrs. Lizzie Florence, Miss Jennie Spivey, Mrs. Minnie Smith,