Category: TRANSCRIPTS: ATLANTA JOURNAL

Atlanta JournalAugust 2nd, 1913 Question Will Be Solved by Physician's Recovery and Return to Stand If Dr. H. F. Harris, secretary of the state board of health, is not physically able to be presented in the court room before the state closes its case, will his testimony be stricken from the record? This question came for informed discussion at the court house Saturday. Dr. Harris was suddenly attacked with illness while in the middle of his direct examination and had to be assisted from the witness stand. The defense attorneys, therefore, had no opportunity to cross-question him. Solicitor Dorsey, when

Atlanta JournalAugust 2nd, 1913 Miss Mattie Smith has given The Journal a statement in which she says that a part of the testimony of N. V. Darley at the Frank trial in reference to her was not true. Mr. Darley stated that on April 26 Miss Smith told him that her father was dying and asked him to help bear the funeral expenses. Miss Smith says that she merely told Darley that her father was very low and that she said nothing about helping with the funeral expenses.

Atlanta JournalAugust 2nd, 1913 And Newt Lee gets the hat. The darky who has been the stanchest witness yet examined at the Frank trial has but little more to wish for. First it was watermelon Newt wanted. With his very life in danger as he droned away the long hot days in the Fulton county Tower, Newt lifted up his voice and prayed for "dat juicy watermillion." And they gave him one. Then it was a "chaw of ‘bacca," his first request as he came down from the witness stand. Somebody gave him a plug and immediately there were a

Atlanta JournalAugust 2nd, 1913 "Keep smiling on the witness stand." That is the motto of Will Gheesling, of the P. J. Bloomfield undertaking establishment, who testified at the Frank trial Thursday. "When you get a bear cat like Luther Rosser after you," he declares, "the only thing you can do is to laugh at him." Gheesling was one of the few witnesses who came through the ordeal of Attorney Rosser's cross-examination with flying colors. His face wreathed in beatific grins, and he calmly fanned himself with a tremendous palm leaf fan from the moment he took the stand until he

Atlanta JournalAugust 2nd, 1913 Members of Frank Jury Can Not Communicate With Members of Family and Can Read No Newspapers, Not Even Baseball How does it feel to be shut up with eleven other men for one week, maybe two, possibly three? How does it feel to be the midst of a city and not of it, quarantined from the wife and children just a few blocks away, from business, from leters, from newspapers, from everything except six hours of daily testimony on a murder case? Nobody knows except the Frank jurymen, and they can't tell you, for you won't

Atlanta JournalAugust 3rd, 1913 FRANK TRIAL WILL RUN INTO THIRD WEEK; DEFENSE WILL BEGIN TESTIMONY WEDNESDAY Indications Saturday, When Court Adjourned Until Monday Morning at 9 o'Clock, Were That State Would Require at Least Two More Days Before Concluding Presentation of Its Case Against the Factory Superintendent DEFENSE'S DECISION TO INTRODUCE EVIDENCE MEANS THAT THE TRIAL IS NOT YET HALF OVER Dr. H. F. Harris Will Take the Stand Again Monday Afternoon and Will Probably Be Under Cross-Examination for Several Hours—Conley Will Be State's Last Witness, and a Big Battle Will Rage Around His Testimony "IT'S TERRIBLE FOR AN INNOCENT

Photo-diagram of court room in old city hall building, where Leo M. Frank, superintendent of the National Pencil factory, is on trial for his life charged with the murder of Mary Phagan. Although the available seats are taken soon after court convenes, the crowd waits without all day for some weary spectator to give up a seat. On the second floor the many witnesses await their turn for a grueling examination by attorneys on either side. Atlanta JournalAugust 3rd, 1913 Most Important Points State Sought to Prove Are That Mary Phagan Was Killed Shortly After Entering Factory—That Crime Was on

Atlanta JournalAugust 4th, 1913 Jim thought he was on trial this morning," said W. M. Smith, attorney for James Conley, the negro sweeper at the pencil factory, after the recess Monday noon following Conley's appearance on the witness stand of the Frank trial. Attorney Smith declared that the negro had no idea of his real status in the matter until after the court had recessed. "Then Conley turned to me, after the jury had gone out and he had been taken off the stand and said: ‘Boss, I wonder what that jury is going to do with me?' I said:

Atlanta JournalAugust 4th, 1913 Negro's Recitative Manner of Telling His Story Gives Impression That He Has Rehearsed It Many Times Jim Conley Monday morning recited his story to the Frank jury. Newt Lee last week told his. Above all other things, Jim's testimony was glib. Newt's was deliberate. For more than an hour Jim spoke smoothly, evenly, unhesitatingly to the jury, as though his story had been polished by careful rehearsal to himself. Scarcely once was he interrupted. Solicitor Dorsey's only warning was slower speech. Jim's story came so readily to his lips that he spoke faster than the jury

This diagram is reproduced so that readers can compare the negro's story, as he told it on the stand, with his pantomime illustration of the crime in the presence of the officers some weeks ago. In the numerical sequence the reader can follow on this diagram the movements of the negro sweeper, Jim Conley, at the National Pencil factory on the day of Mary Phagan's murder, as the negro described them to the police and then re-enacted them before the eyes of the police at the factory itself. (1) Conley sits dozing and half-sodden with whisky and beer on boxes

Atlanta JournalAugust 4th, 1913 Negro Swore Previously That He Never Saw Mary Phagan Enter Factory—Many Other Changes in Story—Fourth Time He's Changed Narrative James Conley's story as he told it on the witness stand Monday morning differs in many important details from the story he told to the detectives in his famous affidavit of confession. In that affidavit he said that by appointment he met Frank at the corner of Forsyth and Nelson streets the day of the murder, and that he first went to the factory on that day when he followed Frank back there. He now says that

Atlanta JournalAugust 5th, 1913 ON GROUNDS OF IRRELEVANCY ATTORNEY ARNOLD MOVES TO STRIKE PART OF TESTIMONY He Asks That Conley's Statement That He Acted as "Lookout" for Frank, and Part of Testimony Attacking Frank's Personal Character Be Blotted From Record — Attorney Hooper eDclares Defense Has Waited Too Long to Enter Objection MYSTERIOUS "MR. DALTON" MENTIONED BY CONLEY MAY BE CALLED BY SOLICITOR TO CORROBORATE NEGRO It Is Said That Dalton Is Within Reach of State—With Conley Still Under Cross-Examination and Other State Witnesses, Including Dr. Harris, Yet to Be Heard, Indications Are Tuesday That Trial Will Last Three Weeks,

Atlanta JournalAugust 5th, 1913 "They Haven't Shaken Him a Particle," Says Dorsey—"He Has Told About 240 Lies Already," Declares Attorney Reuben Arnold Both the state's attorneys and the counsel for Leo M. Frank Tuesday at noon expressed satisfaction with the progress of the cross-examination of James Conley, the negro sweeper. The negro had been on the stand then for more than nine hours, during eight hours of which he had undergone a strenuous grilling at the hands of Attorney L. Z. Rosser. "They have not shaken him a particle," declared Solicitor Dorsey, "and that isn't all. I don't believe they

Atlanta JournalAugust 5th, 1913 Jim Conley Grilled for Many Hours By Frank's Attorney Who Fails to "Rattle" Him Luther Rosser Makes Negro Admit Lies and Terms in Prison, but Sweeper Remains Good Witness for State—Women Excluded From Court Room During Afternoon Session, Numerous Tilts Between Opposing Counsel Marked With Bitterness. The afternoon session of the Frank trial was marked by many tilts between the solicitor and his assistant with counsel for the defense and toward the end of the session much bitterness was injected into the remarks by various members of opposing counsel. Judge Roan decided with Frank's counsel after

Atlanta JournalAugust 6th, 1913 Jim Made for a Newspaper and a Cigarette as Soon as He Left the Stand—He Is Interviewed Through Medium of His Attorney Jim Conley wasn't garrulous after he left the witness stand Wednesday morning, and that's saying the least of it. Perhaps Jim figured that he had done enough talking to last him a few weeks. He went into the reporters' room first and sat down and heaved a sort of sigh. Then he picked up an edition of The Journal and commenced to read about himself. A reporter turned from the telephone and said something

Atlanta JournalAugust 6th, 1913 Conley's Whole Testimony Will Be Allowed to Stay in Record of Frank Case State Ready With Corroborating Witnesses, if Evidence Is Held to Be Admissible—Jim Conley Adds New and Sensational Feature to His Testimony, Declaring He Saw Frank Place Mary Phagan's Pocketbook in the Factory Safe SOLICITOR DORSEY APPLAUDED IN COURT WHEN SUSTAINED BY RECORDS AFTER DISPUTE WITH ROSSER Those Responsible for Applause Were Immediately Ejected From the Court Room—Dr. H. F. Harris Expected to Resume Stand During Afternoon—State Will Furnish Presentation of Its Case by Thursday but Hardly Before Judge L. S. Roan, presiding at

Atlanta JournalAugust 6th, 1913 Solicitor Dorsey in Vigorous Speech Protests Against Striking Evidence, Declaring He Has Witnesses to Corroborate the Negro and That Striking of Testimony Will Prevent His Getting Their Statements Before the Jury Sustaining a motion made by the defense in the trial of Leo M. Frank, Judge L. S. Roan Tuesday afternoon announced that he would rule out all of Conley's testimony charging the accused superintendent with perversion, and the negro's testimony that he acted as a "lookout" for Frank on days previous to the murder. The judge ruled that Conley's testimony that he watched for the

Atlanta JournalAugust 6th, 1913 Declares Negro Told Him He Had Killed a Girl—Waiting as Witness W. H. Mincey, the man who has made an affidavit in which he swears that Jim Conley told him on April 26, the day Mary Phagan was murdered, that he had killed a girl that day, appeared at the court house Wednesday morning but did not go into the court room. Mincey was seen by a Journal reporter as he stood across the street from the court house and watched the crowd seeking entrance. He declared that he was ready to take the witness stand

Atlanta JournalAugust 7th, 1913 STATE FINISHES TESTIMONY AND DR. LEROY CHILDS BEGINS EXPERT EVIDENCE FOR DEFENSE Dr. Childs Characterizes Conclusions Similar to Those Made by Dr. H. F. Harris and Dr. J. W. Hurt as Remarkable Guesses—He Says Cabbage Is Most Indigestible of All Vegetables and Might Stay in Stomach for Many Hours DEFENSE IS EXPECTED TO PUT UP CHARACTER WITNESSES IN VIEW OF JUDGE ROAN'S RULING Dalton Swears He Has Visited Pencil Factory in Company With Women, That Frank Knew of His Presence and That Jim Conley, the Negro Sweeper, Was There—He Tells of Frank's Visitors When recess was

Attorney William M. Smith, who clashed in the court room Tuesday with Attorneys for Leo M. Frank, who didn't want him to consult with client until Conley had finished his testimony. Atlanta JournalAugust 7th, 1913 Defense Asks Mistrial When Crowd in the Court Applauds Announcement of the Decision Judge Roan, However, Refuses to Stop Trial—Dr. Harris on Stand During Afternoon and Again Asserts that Mary Phagan Suffered Violence Just Before Death—Dalton Called to Corroborate Conley But Court Adjourns Before He Testifies Dr. H. F. Harris, secretary of the state board of health, was the first witness called for the Wednesday

Atlanta JournalAugust 8th, 1913 MOTORMAN AND CONDUCTOR SAY NEWSBOY EPPS WAS NOT ON CAR THAT BROUGHT MARY TO CITY They Swear That She Left Car at Broad and Hunter Streets at 12:10, the Very Hour Monteen Stover Claims to Have Left Factory—Daisy Hopkins Swears She Never Visited Factory With Dalton and That She Did Not Know Frank NEW THEORY OF HOW CRIME MIGHT HAVE BEEN COMMITTED INTIMATED BY ENGINEER'S TESTIMONY Albert Kauffman Describes Passageway on First Floor Leading to Chute, Through Which He Declares Human Body Could Easily Have Passed—Spots, Said to Be Blood, Found in Passageway A new theory

Atlanta JournalAugust 8th, 1913 Afternoon Session of Frank's Trial Thursday Is Without Any Interesting Development Pinkerton Detective Harry Scott Testifies That Conley Never Told Him New Features of Story—Dr. Leroy Childs Testifies in Effort to Break Dr. Harris' Story When court adjourned Thursday afternoon at 5:10 o'clock Detective Scott, called by the defense to impeach Jim Conley, had just concluded his examination by the solicitor. Scott had been put through a long series of questions by Attorney Rosser, the purpose of which was to show the discrepancies between what Conley told Scott and what he swore on the witness stand.

Atlanta JournalAugust 9th, 1913 WITNESS IN MOST OF DORSEY'S GRILLING WHEN COURT ADJOURNS UNTIL NINE O'CLOCK ON MONDAY Assistant Factory Superintendent Refutes Testimony of C. B. Dalton and Jim Conley That Frank Frequently Had Women Callers In His Office on Saturday Afternoons and During Holidays—He Says He Never Saw Conley There Saturday Afternoons DECLARES THAT WIFE OF THE ACCUSED FREQUENTLY CALLED ON HUSBAND AT HIS OFFICE ON SATURDAYS Attorney Arnold Registers Another Objection Against Laughter of Spectators in the Court Room—Solicitor Draws From Schiff Change of Answers Made to Several Previous Statements of His While on the Witness Stand The

Atlanta JournalAugust 9th, 1913 Solicitor Dorsey Fiercely Attacks Evidence Given by the Witness For Defense Afternoon Session He Also Implies That Watchman Was Trying to Fix Crime on Conley to Get Reward. Holloway Admits Signing Statement Produced by the Prosecutor—Other Witnesses for Defense Heard After Solicitor Dorsey riddled E. F. Holloway, day watchman at the National Pencil factory, with volleys of questions regarding former statements made by the witness and which he could not explain or make coincide with his testimony Friday afternoon, court adjourned at 6:45 o'clock until 9 o'clock Saturday. The solicitor also trapped the watchman and the

Questions asked witnesses by Attorneys Rosser and Arnold indicate that the defense may attempt to convince the jury that it would have been possible for the little girl to have been killed on the first floor of the factory and her body later disposed of through a chute leading from the first floor to the basement at the rear of the building. According to this theory the girl was met at the foot of the stairs leading from Frank's office, taken toward the back of the building and killed. Her body was then dragged to the trap door leading to

Anybody who has the mistaken idea that it's fine to be a juror in a big murder trial has only to see Artist Brewerton's illustration above, of the way the twelve men who are to decide Leo M. Frank's fate pass their time these days. On them the commonwealth has placed the responsibility of judging the truth of the evidence placed before them day after day in the court room. They are shut off from all communication with the outside world, except what comes to them in open court as sworn evidence and except also what their families write to

Atlanta JournalAugust 10th, 1913 George T. Kendley, Street Car Conductor, Declares He Saw Little Girl About Noon on April 26 as She Stepped From Curb on Forsyth Street Bridge to Cross Alabama Street, Where His Car Was Stopped BOTH SIDES READY TO GRILL EVERY WITNESSES Attorneys Think There Is Little Chance of the Trial Ending This Week—Much Testimony Is Expected in Rebuttal and All Indications Saturday Night Were Trial Would Run Into Its Fourth Week The trial of Leo M. Frank for the murder of Mary Phagan will last from six days to two weeks longer, according to the varying

Atlanta JournalAugust 11th, 1913 For the first time this session, mention of the case of Leo M. Frank, on trial for his life for the murder of fourteen-year-old Mary Phagan, was made today in the house of representatives. Representative Slater of Bryan was speaking in favor of the senate resolution of Mr. Irwin of the Thirty-fourth, calling for the appointment of a commissioner of competent lawyers to revive and improve the method of civil and criminal procedure in the state and report to the next session of the legislature, and made reference to the long drawn out proceedings of the

Atlanta JournalAugust 11th, 1913 DR. GEORGE BACHMAN GIVES TESTIMONY TO SHOW HARRIS SIMPLY HAZARDED A GUESS Professor of Physiology at Atlanta College of Physicians and Surgeons Declares Dr. Harris Is the Only Doctor He Knows Who Would Undertake to Express the Opinion That Dr. Harris Did in Reference to Mary Phagan's Death FRANK A NORMAL MAN, SAYS DR. T. H. HANCOCK WHO TOOK WITNESS STAND MONDAY AFTERNOON Herbert G. Schiff, Frank's Young Assistant, Was Under Cross-Examination Several Hours Monday—He Said He Had Never Heard Complaint That Factory Clock Ran Five Minutes Fast and Denied That Frank Had Objected to His

Atlanta JournalAugust 11th, 1913 Sunday apparently brought reflection and repentance to one aspiring member of the Frank juror, while three others after due consideration of the heat and other things, spent a part of their $2 per day. Juror Townsend, who has been carefully cultivating a most aspiring and sprouting young mustache, had the first opportunity in seven days to inspect it. After deliberating over its ultimate destiny for the greater part of Sunday, he evidently repented, for when he appeared in the court room Monday morning the thin, dark cloud topping his lips was gone. Three other jurors grew

Atlanta JournalAugust 12th, 1913 DALTON ADMITS HE SERVED A CHAINGANG SENTENCE FOR THEFT OF A "SHOP HAMMER" Miss Hattie Hall Swears She Was In Frank's Office Between 11 and 12 o'Clock and That Superintendent Did No Work on Finance Sheet During This Hour—Her Testimony Different In This Respect From What She Swore at Inquest MRS. WHITE'S BROTHER GIVES DIFFERENT VERSION OF STORY ABOUT SEEING NEGRO LURKING IN FACTORY Solicitor Dorsey Puts Wade Campbell Through Severe Cross Examination, Calling Attention to Discrepancies In His Testimony and Signed Statement Given to the Solicitor, Frank's Movements on Day of Tragedy to Be Proved

Atlanta JournalAugust 12th, 1913 Sensational Charge Hurled By Physician in Testimony Given at Afternoon Session Dr. Westmoreland, Answering Question of Attorney Reuben R. Arnold, Declares He Never Heard of a Chemist Who Had Made Examination by Himself and Then Destroyed the Organs Without Bringing Them Into Court Three experts took the stand Monday afternoon at the trial of Leo M. Frank to repudiate the conclusions reached by Dr. H. F. Harris to the effect that the condition of the cabbage in the stomach of Mary Phagan showed that she must have died within an hour after eating, and that the

Atlanta JournalAugust 13th, 1913 ACTION A CHALLENGE TO STATE TO PUT UP WITNESSES IN REBUTTAL WHO OTHERWISE COULDN'T TESTIFY Lemmie Quinn, Foreman In Metal Room, Tells the Jury He Visited Factory on Saturday, April 26, and Found Frank at His Desk Writing at 12:20 o'Clock, the Very Minute Almost That State Claims Mary Phagan Must Have Been Killed EFFORTS TO SHOW EXPERIMENTS OF WITNESSES WHO RE-ENACTED CONLEY'S STORY BRING FIGHT Judge Roan Delays Decision Until Both Sides Can Submit Authorities—Dr. W. S. Kendrick Declares Dr. H. F. Harris Was Guessing in Conclusions He Gave About Mary Phagan's Death—Three School Mate

Atlanta JournalAugust 13th, 1913 Questions Asked by Dorsey Of Office Boy at Factory Ruled Out After Argument Attorney Reuben R. Arnold Declares That Any Further Testimony Along Lines of That Sought by the Solicitor During Examination of Philip Chambers Will Tempt Him to Move for a New Trial in the Case With the calling of Emil Selig, Frank's father-in-law, the defense began their endeavor to prove Frank's statement in reference to his movements on the day of the tragedy. Mr. Selig's testimony bore principally upon the time Frank arrived at his home to dinner, the midday meal, and his appearance

Atlanta JournalAugust 14th, 1913 Defense Character Witness Is Used by Solicitor to Get Suggestions Before Jury Solicitor Mentions Names of Many Persons, Who Will Probably be Put Up in Rebuttal to Attack Frank's Conduct as Related to Woman Employes of Factory—Mrs. Rae Frank, Mother of the Accused, Creates a Sensation Shouting at the Solicitor. Court adjourned at 5:40 until 9 o'clock Thursday morning. The trial of Leo M. Frank took another sensational turn Wednesday afternoon when Solicitor Dorsey began, through his questions to John Ashley Jones, put up as a character witness by the defense, a vigorous attack upon the

Atlanta JournalAugust 14th, 1913 FRANK WAS SEEN BY WITNESSES ON HIS WAY TO AND FROM HOME DAY LITTLE GIRL WAS KILLED Solicitor Declares That Outburst of Yesterday Should Not Be Allowed and That as There Is Further Unpleasant Testimony to Be Heard, He Suggests That Frank's Wife and Mother Do Not Hear It—Judge Issues Caution MOTION OF ATTORNEY ROSSER TO STRIKE OUT SENSATIONAL QUESTIONS IS OVERRULED Solicitor Dorsey's Questions Put to John Ashley Jones Will Stand and the Defense Will Be Forced to Disprove Suggestions Given to Jury by Cross-Questioning Witnesses Whom Solicitor Will Summon in Rebuttal There were three

Atlanta JournalAugust 15th, 1913 Testimony up to Thursday Would Fill 500 Newspaper Columns, Says Official Mrs. M. Marcus, M. J. Goldstein, I. Strauss, Who Participated in Card Game, Declare Frank Showed No Signs of Excitement When They Saw Him Saturday Evening and That There Were No Scratches on His Face That all Georgia records for criminal trials already had been broken and that probably there was no southern record approaching it, was the statement of the court stenographer informally Thursday afternoon with regard to the Leo M. Frank murder trial. The stenographer stated that the records of the trial up

  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

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

  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