Category: LEO FRANK TRIAL BRIEF OF EVIDENCE

  Leo Frank Trial Brief of Evidence, 1913 STATE OF GEORGIA VERSUS LEO M. FRANK In Fulton Superior Court, trial began July 28th and ended August 21st, 1913. Judge Leonard Strickland Roan, presiding. Conviction of murder at July term on August 25th, 1913 in Fulton Superior Court, Atlanta, Georgia. BRIEF OF THE EVIDENCE Introduction To Leo Frank Trial Brief  

MRS. J.W. COLEMAN, Sworn for the State. I am Mary Phagan’s mother. I last saw her alive on the 26th day of April 1913, about a quarter to twelve, at home, at 146 Lindsey Street. She was getting ready to go to the pencil factory to get her pay envelope. About 11:30 , she ate some cabbage and bread. She left home at a quarter to twelve. She would have been fourteen years old the first day of June, was fair complected, heavy set, very pretty, and was extra large for her age. She had on a lavender dress, trimmed

  GEORGE EPPS, Sworn for the State. I am fourteen years old. I live right around the corner from Mary Phagan's home. I have known her about a year. The last time I saw here was Saturday morning coming to town on the English Avenue car. It was about ten minutes to twelve when I first saw her. I left her about seven minutes after twelve at the corner of Forsyth and Marietta Street. She had on that hat, parasol and things when I left her. She was going to the pencil factory to draw her money. She said she

NEWT LEE. (colored), sworn for the State.On the 26th day of April 1913, I was night watchman at the national Pencil Factory. I had been night watchman there for about three weeks. When I began working there, Mr. Frank carried me around and showed me every thing that I would have to do. I would have to get there at six o'clock on week days, and on Saturday evenings I have to come at five o'clock. On Friday the 25th of April, 1913 he told me "Tomorrow is a holiday and I want you to come back at four o'clock.

L. S. DOBBS, Sworn for the State.I am Sergeant of police. On the morning of April 27th, about 3:25 a call came from the pencil factory that there was a murder up there. We went down in Boots Rogers' automobile. When we got there the door was locked. We knocked we knocked on the door and in about two minutes the negro came down the steps and opened the door and said there was a woman murdered in the basement. We went through a scuttle hole, a small trapdoor. The negro lead the way back in the basement, to a

J. N. STARNES, Sworn for the State.I am a city officer. Went to the pencil Company's place of business between five and six o'clock, April 27th 1913. The pencil company is located in Fulton County, Georgia, and that's where the body was found. The staple to the back door looked as if it had been prized out with a pipe pressed against the wood. There was a pipe there that fitted the indentation on the wood. I called Mr. Frank on the telephone, and told him I wanted him to come to the pencil factory right away. He said he

W. W. ROGERS, sworn for the State.I am now connected with Judge Girardeau's court. I was at the station house Saturday night, April 26th, 1913 and went to the National Pencil Company's place of business. It was between five and five thirty that I heard Mr. Starnes have a conversation over the phone. I heard him say, "If you come I will send an automobile after you. " It took us five or six minutes to get out to Mr. Frank's residence at 86 E. Georgia Avenue. Mr. Black was with me. Mrs. Frank opened the door. She wore a

MISS GRACE HICKS, sworn for the State.I knew Mary Phagan nearly a year at the pencil factory. She worked on the second floor. I identified her body at the undertaker's Sunday morning, April 27th. I knew her by her hair. She was fair skinned, had light hair, blue eyes and was heavy built, well developed for her age. I worked in the metal room, the same room she worked in. Mary's machine was right next to the dressing room, the first machine there. They had a separate closet for men and a separate one for ladies on that floor. There

  JOHN R. BLACK, sworn for the State. I am a city policeman. I don't know the details of the conversation between Mr. Starnes and Mr. Frank over the 'phone. I didn't pay very much attention to it. I went over to Mr. Frank's house with Boots Rogers. Mrs. Frank came to the door. Mrs. Frank had on a bath robe. I stated that I would like to see Mr. Frank and about that time Mr. Frank stepped out from behind a curtain. His voice was hoarse and trembling and nervous and excited. He looked to me like he was

JAMES MILTON GANTT, sworn for the State.From June last until the first of January I was shipping clerk at the National Pencil Company. I was discharged April 7th by Mr. Frank for alleged shortage in the pay roll. I have known Mary Phagan when she was a little girl. Mr. Frank knew her, too. One Saturday afternoon she came in the office to have her time corrected, and after I had gotten through Mr. Frank came in and said, "You seem to know Mary pretty well," No, I had not told him her name. I used to know Mary when

  MRS. J. A. WHITE, sworn for the State. I saw my husband at the pencil factory at 11:30. I stayed there until about 10 minutes to 12. I left him there and came back about 12:30 and left again about 1 o'clock. When I got there at 11:30 I saw Miss Hall, the stenographer, Mr. Frank and two men. I asked Mr. Frank if I could see my husband Mr. White. Mr. Frank was in the outside office then. He said I could see him and sent word by Mrs. Emma Freeman for him to come downstairs. My husband

  HARRY SCOTT, sworn for the State. I am Superintendent of the local branch of the Pinkerton Detective Agency. I have worked on this case with John Black, city detective. I was employed by Mr. Frank representing the National Pencil Company. I saw Mr. Frank Monday afternoon, April 28th, at the pencil factory. We went into Mr. Frank's private office. Mr. Darley and a third party were with us. Mr. Frank said, I guess you read in the newspapers about the horrible crime that was committed in this factory, and the directors of this company and myself have had a

MISS MONTEEN STOVER, sworn for the State.I worked at the National Pencil Company prior to April 25th, 1913. I was at the factory at five minutes after twelve on that day. I stayed there five minutes and left at ten minutes after twelve. I went there to get my money. I went in Mr. Frank's office. He was not there. I didn't see or hear anybody in the building. The door to the metal room was closed. I had on tennis shoes, a yellow hat and a brown rain coat. I looked at the clock on my way up, it

ROBERT P. BARRETT, sworn for the State.I am a machinist for the National Pencil Company. I have been there about eight weeks. On Monday morning, April 28th, I found an unusual spot that I had never seen before at the west end of the dressing room on the second floor of the pencil factory. That spot was not there Friday. The spot was about 4 or 5 inches in diameter and little spots behind these from the rear, 6 or 8 in number. I discovered these between 6:30 and 7 o'clock Monday . It was blood. It looked like some

MELL STANFORD, sworn for the State.I have been working at the National Pencil Company a little over two years. I swept the whole floor in the metal room on Friday, April the 25th. On Monday there after I found a spot that had some white haskoline over it on second floor near dressing room. That wasn't there on Friday when I swept between 9 and 12 o'clock. I use a small broom in sweeping. I saw a big cane broom standing by the waste metal room on Monday about six feet from where the blood was found. The spot looked

GEORGE W. JEFFERSON, sworn for the State.I worked at the National Pencil Company. We saw blood on the second floor in front of the girls' dressing room on Monday. It was about as big as a fan, and something white was over it. I didn't see that blood there Friday. Yes, there are cords in the polishing room, used to tie pencils with. They are hung up on a post in the polishing room. The spots were dark red in color. These cords are taken off the pencils and we throw them on a nail. We don't untie the knots.

B. B. HASLETT, sworn for the State.I went to Mr. Frank's house Monday morning after the murder, about 7 o'clock. I went out there and got him and took him to the station house. He was at the station house two or three hours. I told him Chief Lanford wanted to see him.CROSS EXAMINATION.I saw Mr. Rosser and Mr. Haas at the station house about 8:30 or 9 o'clock. Mr. Black and I both went out for Mr. Frank Monday morning. We took him to the station house and turned him over to Chief Lanford. They had Mr. Frank in

  E. F. HOLLOWAY, sworn for the State. I am day watchman at the National Pencil factory-worked there two years. I was there on April 26th, from 6:30 a. m. till 11:45. I look after the elevator and freight that come in and out and people that come in and out. As to what I did to the elevator on that Saturday, I didn't do anything except that when Mr. White and Mr. Denham were working on the top floor, I started the elevator up and ripped up a plank for them. The elevator was locked when I sawed that

  N. V. DARLEY, sworn for the State. My name is N. V. Darley. I am manager of the Georgia Cedar Company, a branch of the National Pencil Company. I have charge of the manufacturing and labor in the Forsyth Street plant. Mr. Sig Montag is my superior. Mr. Frank and I are of equal dignity in the factory. I was at the National Company's factory on Saturday, April 26th. I saw Mr. Frank and left about 9:40 in the morning. I was there Sunday morning at about 8:20. I saw Mr. Frank that morning. Observed nothing unusual when I

W. F. ANDERSON, sworn for the State.I was at police headquarters Saturday, April 26th. I got a call fromthe night, watchman at the pencil factory. He said a woman was dead atthe factory. I asked him if it was a white woman or a negro woman. Hesaid it was a white woman. We went there in an automobile, shook thedoor and Newt Lee came down from the second floor and carried us backto the ladder that goes down through the scuttle hole. About 3:30 Icalled up Mr. Frank on the telephone and got no answer. I heard thetelephone rattling and

G. C. FEBRUARY, sworn for the State.I was present at Chief Lanford's office when Leo M. Frank and L. Z.Rosser were there. I took down Mr. Frank's statement stenographically.I don't remember Frank's answers in detail, Mr. Rosser was looking outof the window most of the time. He didn't say anything while I was inthere. This (Exhibit B, State), report is correct report of what Mr.Frank said. It was made on Monday, April 28th.CROSS EXAMINATION.I believe Mr. Rosser and Mr. Frank were in the room when I came in.It was sometime in the forenoon. I have never been a court stenographerexcept

ALBERT Mc Knight, Colored, sworn for the State.My wife is Minola Mc Knight. She cooks for Mrs. Selig. Between 1and 2 o'clock on Memorial Day I was at the home of Mr. Frank to see mywife. He came in close to 1:30. He did not eat any dinner. He came in,went to the sideboard of the dining room, stayed there a few minutes andthen he goes out and catches a car. Stayed there about 5 or 10 minutes.CROSS EXAMINATION.Mrs. Selig and Mrs. Frank were present when Mr. Frank came in. Iwas in the cook room. There is a swinging door

MISS HELEN FERGUSON, sworn for the State.My name is Helen Ferguson, I worked at the National Pencil Company on Friday the 25th. I saw Mr. Frank Friday, April 25th, about 7o'clock in the evening and asked for Mary Phagan's money. Mr. Franksaid "I can't let you have it," and before he said anything else I turnedaround and walked out. I had gotten Mary's money before, but I didn'tget it from Mr. Frank.CROSS EXAMINATION.When I got Mary's money before I went up there and called my numberand called her number, and I got mine and hers. I didn't ask the manthat

R. L. WAGGONER, sworn for the State.I am a city detective. On Tuesday, April 29th, from ten thirty untila little after 11 in the morning I was in front of the pencil factory on theother side of the street. I would continually see Mr. Frank walk to thewindow and look down and twist his hands when he would come to thewindow looking down on the sidewalk. He did this about 12 times whenI was there in about 30 minutes. I was in the automobile with Mr. Frankand Mr. Black and his leg was shaking. He was under arrest at the

J. L. BEAVERS, sworn for the State.I am Chief of Police of the City of Atlanta. I was at the pencil factoryon Tuesday, April 29th, and saw what I took to be a splotch of bloodon the floor right near this little dressing room on office floor, seemed tobe as big as a quarter in the center and scattered out in the direction ofthis room near the door. There was one spot and some others scatteredaround that.CROSS EXAMINATION.It may have been Monday that I was at the pencil factory. I don't know whether it was blood or not. It looked

R. M. LASSITER, sworn for the State.I am a city policeman. On Sunday morning, April 27th, I found aparasol in the bottom of the elevator shaft. It was lying about the centerof the shaft. I also found a ball of rope twine, small wrapping twine,and also something that looked like a person's stool.CROSS EXAMINATION.I noticed evidence of dragging from the elevator in the basement.As I passed the rear door at 12 o'clock, the door was closed. The umbrellawas not crushed. I found it between 6 and 7 o'clock in the morning.The elevator comes down there and hits the ground plump

L. 0. GRICE, sworn for the State.My name is L. 0. Grice. I was at the National Pencil Company'splace on Sunday morning, April 27th 1913. A small sized man, defendanthere, attracted my attention, on account of his nervousness.CROSS EXAMINATION.I was called as a witness in this case one week after it started. Itold some of my friends about Mr. Frank's nervousness and they advisedme to go to Dorsey. I never knew or saw Mr. Frank before. When wewere told of how the little child was murdered, it excited me some.RE-DIRECT EXAMINATION.I don't recall trembling any. I am pretty sure I

MELL STANFORD, sworn for the State (re-called).The door in the rear part of the factory on the second floor on Fridayevening was barred. There is no way in the rear of the building tocome down to the second floor when the door is barred except the fire escape, and you have to be on office floor to undo the door. The area around the elevator shaft on the first floor near the hole and radiator was cleaned up after the murder. It was the early part of the week after the murder.CROSS EXAMINATION.I didn't clean it myself. I saw it

W. H. GREESLING, sworn for the State.I am a funeral director and embalmer. I moved the body of MaryPhagan at 10 minutes to four o'clock, April 27th, in the morning. Thecord (Exhibit C, State) was around the neck. The knot was on the rightside of the neck and was lying kind of looped around the head. It wasn'tvery tight at the time I moved it. There was an impress of an eighth ofan inch on the neck. The rag (Exhibit D, State) was around her hairand over her face. The tongue an inch and a quarter out of her mouthsticking

DR. CLAUDE SMITH, sworn for the State.I am physician and City Bacteriologist and Chemist. These chips(Exhibit E, State) appear to be the specimen which the detectivesbrought to my office and which I examined. They had considerable dirton them and some coloring stain. On one of them I found some bloodcorpuscles. I do not know whether it was human blood. This shirt (ExhibitE for State) appears to be the same shirt brought to my office bydetectives which I examined. I examined spots and it showed bloodstain. I got no odor from the arm pits that it had been worn. The bloodI

DR. J. W. HURT, sworn for the state.I am County Physician. I saw the body of Mary Phagan on Sundaymorning, the 27th of April. She had a scalp wound on the left side of herhead about 2 and 1/2 inches long, about 4 inches from the top to the left ear through the scalp to the skull. She had a black contused eye. A number of small minor scratches on the face. The tongue was protruding about a half an inch through the teeth. There was a wound on the left knee, about 2 inches below the knee. There were

DR. H. F. HARRIS, sworn for the State.I am a practicing physician. I made an examination of the body ofMary Phagan on May 5th. On removing the skull I found there was noactual break of the skull, but a little hemorrhage under the skull, corresponding to point where blow had been delivered, which shows that the blow was hard enough to have made the person unconscious. This wound on the head was not sufficient to have caused death. I think beyond any question she came to her death from strangulation from this cord beingwound around her neck. The bruise around

C. B. DALTON, sworn for the State.I know Leo M. Frank, Daisy Hopkins, and Jim Conley. I have visited the National Pencil Company three, four or five times. I have been in the office of Leo M. Frank two or three times. I have been down in the basement. I don't know whether Mr. Frank knew I was in the basementor not, but he knew I was there. I saw Conley there and the night watchman, and he was not Conley. There would be some ladies in Mr. Frank's office. Sometimes there would be two, and sometimes one. May be

S. L. ROSSER, sworn for the State.I am a city policeman. On Monday, April 28th, I went out to seeMrs. White. On May 6th or 7th was the first time I knew Mrs. Whiteclaimed to have seen a negro at the factory on April 26th. These are thesame chips we had at factory. The club was not on floor by elevator theday I searched the place. I had a flash light and searched for everything.I would have seen it had it been there.CROSS EXAMINATION.I made no inquiry of her about this before. She volunteered the information when I came out

  JAMES CONLEY, Colored, sworn for the State. I had a little conversation with Mr. Frank on Friday, the 25th of April. He wanted me to come to the pencil factory that Friday morning that he had some work on the third floor he wanted me to do. All right, I will talk louder. Friday evening about tree o'clock Mr. Frank come to the fourth floor where I was working and said he wanted me to come to the pencil factory on Saturday morning at 8:30; that he had some work for me to do on the second floor. I

  C. W. MANGUM, sworn for the State. I had a conversation with Mr. Frank at the jail about seeing Conley and confronting him. Conley was on the fourth floor. Chief Beavers, Chief Lanford and Scott came down to see Mr. Frank with Conley and asked me if they could see him. I went to Frank and told him the men were there with Conley and wanted to talk with him if he wanted to see them. He said, "No, my attorney is not here and I have nobody to defend me. " He said his lawyer was not there;

W. W. MATTHEWS, sworn for the Defendant.I work for the Georgia Railway & Electric Co. as a motorman. Onthe 26th day of April I was running on English Avenue. Mary Phagangot on my car at Lindsey Street at 11:50. Our route was from Bellwoodto English Avenue, down English Avenue to Kennedy, down Kennedy toGray, Gray to Jones Avenue, Jones Avenue to Marietta, Marietta toBroad, and out Broad Street. From Lindsey Street to Broad Street isabout a mile and a half or two miles. We make frequent stops. We werescheduled to arrive at Marietta and Broad at 12:071/2. We were onschedule.

W. T. HOLLIS, sworn for the Defendant.I am a street car conductor. On the 26th of April I was on the EnglishAvenue line. We ran on schedule that day. Mary Phagan got on atLindsey Street at about 11:50. She is the same girl I identified at theundertakers. She had been on my car frequently and I knew her well.No one else got on with her at Lindsey Street. Epps did not get on withher. I took up her fare on English Avenue, several blocks from whereshe got on. And no one was sitting with her then. I do not recollect

  HERBERT G. SCHIFF, sworn for the Defendant. I am assistant superintendent of the National Pencil Co.; I have been with the company about five years. Part of my duties was to get up data for the financial sheet. I occupied the same office as Mr. Frank. I took a trip on the road on the first Saturday in January. All of the company's money except the petty cash was kept over at Montag Bros. office at the general manager's office, Mr. Sig Montag. All mail of the company is received at Montag Bros. The men in Mr. Montag's office

JOEL C. HUNTER, sworn for the defendant.I am a public accountant, engaged in the profession ten or fifteenyears. I have examined the financial sheet said to be made by Leo M.Frank. I examined a copy and then checked it against the original. Inorder to find out how long it would take a person to make out these reports,I went through the calculations. I did not make out the sheets. Iverified the extensions and calculations on the financial sheet (Defendant'sExhibit 2). I found them correct within a decimal. There is oneitem a decimal is incorrect. That was immaterial, merely an error

  C. E. POLLARD, sworn for the Defendant. I am an expert accountant. I was called into this matter for the purpose of seeing the length of time it would take to gather these figures and get the result on the financial sheet and other papers that were furnished me. I studied each sheet and when I was sure of what the result would be I would lay that sheet down and make a copy of it. I would take time myself for each operation. There was a discrepancy of one and one-half gross on the factory records in the

`MISS HATTIE HALL, sworn for the defendant.I am a stenographer for the National Pencil Company. I do most ofthe work in the office of Montag Bros. Whenever it is necessary I godown to the National Pencil factory and do work there. I saw Mr. Frankabout ten o'clock of the morning of April 26th, at Montag Bros. , when hecame over there that morning. He came in Mr. Sig Montag's office, whereI was taking dictation and I told him that I didn't know whether I wouldbe able to go over there that morning or not, as Mr. Montag was givingme letters

MISS CORINTHIA HALL, sworn for the Defendant.I work in the finishing up department of the pencil factory. I am aforelady. I was at the factory on April 26th, I got there about 25 minutesto twelve. I had to come to town on the East Lake car and got totown about 11:30 and it took me about five minutes to reach the factory.Mrs. Emma Clarke Freeman was with me. She had spent the night withme. We went there after her coat and to telephone, to call up Mrs. Free-man's husband. We went up to the fourth floor to get the coat

MRS. EMMA CLARKE FREEMAN, sworn for the Defendant.I married on April 25th. I worked at the pencil factory before that,at the time I was married. I was paid off on April 25th by Mr. Schiff.On the 26th I reached the factory with Miss Hall about 25 minutes to 12.I saw Mr. Frank at his office. He was talking to two men when we wentin. Mrs. White and Mr. Frank's stenographer were also in the office.Mr. Frank gave us permission to go up on the fourth floor to get my coat.While we were going up the steps Mr. Frank called to

MISS EULA MAY FLOWERS, sworn for the Defendant.I did not work at the factory on Saturday, April 26th. I workedthere Friday, the 25th, in the packing department. Mr. Schiff got fromme the data for the financial sheet on Friday night at ten minutes to six.It was the production for the entire week from my department. It covers all the different classes of work where the goods were finished.CROSS EXAMINATION.I always turn those reports in Friday night or early Saturday morning.They don't touch Friday's work.MISS EULA MAY FLOWERS, Sworn In For The State, 44th To Testify

MISS MAGNOLIA KENNEDY, sworn for the Defendant.I have been working for the pencil factory for about four years, inthe metal department. I drew my pay on Friday, April 25th, from Mr.Schiff at the pay window. Helen Ferguson was there when I went upthere. I was behind her and had my hand on her shoulder. Mr. Frankwas not there, Mr. Schiff gave Helen Ferguson her pay envelope. HelenFerguson did not ask Mr. Schiff for Mary Phagan's money. I came outright behind Helen Ferguson. We waited for Grace Hicks and then wentdown stairs. Helen didn't say anything about Mr. Frank at all.

WADE CAMPBELL, sworn for the Defendant.I have been working for the pencil factory for about a year and ahalf. I had a conversation with my sister, Mrs. Arthur White, on Mon-day, April 28th. She told me that she had seen a negro sitting at the elevator shaft when she went in the factory at twelve o'clock on Saturdayand that she came out at 12:30, she heard low voices, but couldn't seeanybody. On April 26th, I got to the factory about 9:30. Mr. Frank wasin his outer office. He was laughing and joking with people there, andjoked with me. He thought

LEMMIE QUINN, sworn for the Defendant.I am foreman of the metal department. Barrett pointed out to mewhere he claimed to have found blood spots on the metal room floor. Heasked me whether I thought that he (Barrett) would get the reward ifFrank were convicted. He told me that several people told him that hehad a good chance to get the reward. He said a fellow told him that hewould get $2700 one time and $4500 the other time. He mentioned thatreward to me on several occasions. The floor of the metal room is verydirty. You could not tell at the

HARRY DENHAM, sworn for the Defendant.I work on the fourth floor of the pencil factory. I was paid off Friday,April 25th. I came back Saturday to do some work. Mr. Darleyasked me to come back. I had to work on the machinery when it was notrunning. That was the only time I could do it. I got there about 7:30.Mr. Holloway was there when I got there. Between 12 and 1 o'clock Iwas working on the varnish machine. We were hammering. We workeduntil ten minutes after 3. We began to take an old partition out and putin a new one

  MINOLA Mc Knight (colored), sworn for the Defendant. I work for Mrs. Selig. I cook for her. Mr. and Mrs. Frank live with Mr. and Mrs. Selig. His wife is Mrs. Selig's daughter. I cooked breakfast for the family on April 26th. Mr. Frank finished breakfast a little after seven o'clock. Mr. Frank came to dinner about 20 minutes after one that day. That was not the dinner hour, but Mrs. Frank and Mrs. Selig were going off on the two o'clock car. They were already eating when Mr. Frank came in. My husband, Albert Mc Knight, wasn't in

EMIL SELIG, sworn for the Defendant.I am Mr. Frank's father-in-law. My wife and I live with Mr. Frankand his wife. The kitchen in our house is next to the dining room. Thereis a small passage way between them. The sideboard in the dining roomis in the same position now, as it has always been. Mr. Frank took breakfast before I did on April 26th and left the house before I breakfasted. I got back home to dinner about 1:15. My wife and Mrs. Frank were eatingthen. They told me in the morning to come home a little sooner, thatthey wanted

  MRS. EMIL SELIG, sworn for the Defendant. I am Mrs. Frank's mother* (mother-in-law). Mr. and Mrs. Frank have been living with us two years. The sideboard is in the same position it always has been except when we sweep under it. We had lunch on April 26th after 1 o'clock, about ten minutes past one. Mr. Frank came about twenty minutes past one while we were eating. He sat down with us and ate. Mrs. Frank and I left before he did. We left about half past one. He was still eating at the table. After the opera, while

MISS HELEN KERNS, sworn for the Defendant.I work for the Dodson Medicine Company as stenographer. Myfather works for Montag. I took shorthand under Professor Briscoelast winter. I have seen Mr. Frank in his factory. I went there withProfessor Briscoe to get a job. I didn't get the position. I was workingon the 26th day of April for Bennett Printing Company. That day I gotoff about 12 o'clock. I then went around in town to the different storesand did some trading. I had an appointment to meet a girl at 1:15 at thecorner of Whitehall and Alabama Streets, at Jacobs' Drug

MRS. A. P. LEVY, sworn for the Defendant.I live right across the street from where Mr. Frank lives. I am nota relation of his either by blood or marriage. I saw him get off a car onMemorial Day between one and two o'clock. I was dressing to go to thematinee and was watching the cars as they passed to look out for my sonwho was late to dinner and saw Mr. Frank get off the car and cross thestreet to his home. I had a clock on my dresser and also one in the diningroom, and I was hurrying to

MRS. M. G. MICHAEL, sworn for the Defendant.I live in Athens. On April 26th, I was at 387 Washington Street at2 o'clock, at the residence of my sister Mrs. Wolfsheimer. Mrs. Frankis my niece by marriage. I am no kin to Mr. Frank. I saw Mr. Frankabout 2 o'clock on April 26th. He was going up Washington Street towardstown when I first saw him. I remembered it was about 2 o'clock,because my son David was going to the matinee and he had to leave homebefore 2, and he had just left a few minutes when I saw Mr. Frank. I

JEROME MICHAEL, sworn for the Defendant.I live in Athens. I was in Atlanta on April 26th. I took dinner atMrs. Wolfsheimer's residence at 387 Washington Street. I saw Mr.Frank upon that day between five minutes to 2 and 2 o'clock. I know itwas that time because I had an engagement with a young lady and I hada watch in my hand most of the time. My brother Dave had just left forthe opera when Mr. Frank came up. When I first saw him he was goingtoward the right hand corner of Washington Street and Georgia Avenue,going up Georgia Avenue. I

MRS. HENNIE WOLFSHEIMER, sworn for the Defendant.I am the aunt of Mrs. Frank. I live at 387 Washington Street, thethird house from the corner of Georgia Avenue. On April 26th, I sawMr. Frank in front of my house. It was about 2 o'clock. We had finisheddinner which we ate at half past one. I was not on the porch whenhe came up but I walked out on the porch after he came. I did not seehim catch the car as I was called in the house before he left. I saw nothingunusual about him. No nervousness or bruises or scratches.

JULIAN LOEB, sworn for the Defendant.I live at 380 Washington Street, across the street from the Wolfsheimer residence. I am a cousin of Mrs. Frank. I saw Mr. Frank onApril 26th in front of the Wolfsheimer residence. I was there when hecame by. It was between 1:50 and 2 o'clock. He was talking to Mrs.Michael and Mr. Jerome Michael and was inviting them to attend a meetingof the B'nai B 'rith lodge on the next day which was Sunday. He waspresident of that lodge. He left and walked towards town up WashingtonStreet towards Glenn. I didn't see him catch the

COHEN LOEB, sworn for the Defendant.I was on the car with Mr. Frank going back to town on April 26thafter lunch. I caught the car at Georgia Avenue and Washington Street.He caught the car at Glenn and Washington Street which is one blocknearer town. That was about 2 o'clock. It was a Washington Street carwhich goes straight up Washington Street to the Capitol and turns downHunter. We sat together on the same seat in the car. Mr. Frank got offthe car about two or three minutes before I did. He got off in front ofthe Capitol at about 2:10. The

H. J. HINCHEY, sworn for the Defendant.I have known Mr. Frank between four and five years. I am mechanical engineer for the South Atlantic Blow Pipe Co. I saw Mr. Frank on April 26th opposite the main entrance to the Capitol on WashingtonStreet. I was driving an automobile. He was on the street car comingdown Washington Street going to town. I saw him but did not speak tohim. It was between 2 and 2:15. As to how I knew that was the time afterthis matter came up I experimented to see just what time it was Isaw him on the

  MISS REBECCA CARSON, sworn for the Defendant. I work at the National Pencil Co. I have been there over three years. I work on the fourth floor. I am forelady of the sorting department. I have from thirteen to fifteen girls under me. At times I have heard the elevator running when the machinery in the factory was not running. It makes a noticeable noise. You can notice the vibration of the building and you can notice the ropes of the elevator running, and you can hear the cables of the elevator knocking. On Friday, April 25th, I got

MRS. E. M. CARSON, sworn for the Defendant.I worked at the pencil factory three years. Rebecca Carson is mydaughter. I am a widow. I have seen blood spots around the ladies'dressing room three or four times. I was at the factory Friday morning.I left about 12:45. I saw Jim Conley on Tuesday, after the murder. He was sweeping around my table, I said, "Well, Jim, they haven't got you yet," and he says, "NO." On Wednesday I said the same thing and he answered the same thing. On Thursday when I said that to him again he said, "No, I

MISS MARY PIRK, sworn for the Defendant.I am one of the foreladies working at the National Pencil Co. I amat the head of the polishing department. I have been there about fiveyears. I talked with Jim Conley Monday morning after the murder. Iaccused him of the murder. He took his broom and walked right out ofthe office and I have never seen him since. His character for truth andfor veracity is bad. I would not believe him on oath.CROSS EXAMINATION.I suspected Jim as early as Monday April 28th. I did not report itto Mr. Frank then. I don't know why

MISS IORA SMALL, sworn for the Defendant.I worked on the fourth floor of the pencil factory for five years. Isaw Jim Conley on Tuesday. He was worrying me to get money from meto buy a newspaper and then he would come and ask me for copies of thepaper before I would get through reading them. They were extras. Hewould even get two of the same edition. He would take it and run overthere and sit on a box by the elevator and read it. He can read all right.He had on an old Norfolk coat with a belt around it

MISS JULIA FUSS, sworn for the Defendant.I work on the fourth floor of the pencil factory. I have never knownanything wrong or immoral to be going on in Mr. Frank's office. I talkedwith Jim Conley Wednesday morning after the murder. He was sweepingaround there and asked me to see the newspaper. As he read it he kinder grinned. He told me he believed Mr. Frank was just as innocentas the angels from Heaven. I know his general character. He was neverknown to tell the truth. I would not believe him on oath.CROSS EXAMINATION.I saw the dark red spots by the

EMMA BEARD (colored), sworn for the Defendant.I am Mr. Schiff's servant. On April 26th somebody called Mr. Schiffon the telephone. I answered the telephone. It was about half past ten. It sounded like a boy's voice. It said, " I Tell Mr. Schiff Mr. Frank wanted him at the office. " Mr. Schiff was asleep at the time. I waked him up and he said, "Tell Mr. Frank I will be there as soon as I can get dressed. " And I repeated the message to the boy and told him what Mr. Schiff said. Then Mr. Schiff went back

ANNIE HIXON (colored), sworn for the Defendant.I am Mrs. Ursenbach's servant. Mr. Frank called up on the telephoneabout half past one on April 26th. I told him Mr. Ursenbach wasnot in and he said "Tell Mr. Charlie I can't go to the ball game this afternoon. " I told Mrs. Ursenbach about it.CROSS EXAMINATION.I have been working for Mrs. Ursenbach two years. Mr. Frank andhis wife came over to Mrs. Ursenbach's on Sunday after we had breakfastabout nine o'clock. They come over there every Sunday. I didn'tpay any attention to what they talked about that morning. They werejust laughing and

J. C. MATTHEWS, sworn for the Defendant.I was at Montag Brothers on April 26th. I saw Mr. Frank in theoffice of Montag Bros., in the morning of that day. I couldn't give youthe exact time. I work at Montag Bros.J C MATTHEWS, Sworn In For The State, 67th To Testify

ALONZO MANN, sworn for the Defendant.I am office boy at the National Pencil Company. I began workingthere April 1, 1913. I sit sometimes in the outer office and stand aroundin the outer hall. I left the factory at half past eleven on April 26th 1913.When I left there Miss Hall, the stenographer from Montag's, was in theoffice with Mr. Frank. Mr. Frank told me to phone to Mr. Schiff and tellhim to come down. I telephoned him, but the girl answered the phoneand said he hadn't got up yet. I telephoned once. I worked there twoSaturday afternoons of the weeks

M. 0. NIX, sworn for the Defendant.I am credit man for Montag Bros. and bookkeeper. I have charge ofthe bookkeeping and documents and papers of the National Pencil Company. I am familiar with Mr. Frank's handwriting. These financialsheets beginning with May 22, 1912, and ending May 24, 1913 (Defendant's Exhibit 9), are in Mr. Frank's handwriting. The eleven items beginning with order Number 7187 running through Number 7197, appearing on pages 56 and 57 of the house order book (Defendant's Exhibit 12) are in Mr. Frank's handwriting. These entries below that are in Miss Hattie Hall's handwriting.I employed Miss Hattie

HARRY GOTTHEIMER, sworn for the Defendant.I am a traveling salesman I make two trips a year for the NationalPencil Company, from the first of February to the first of April, andfrom the first of September to the fifteenth of October. I was at MontagBros. around ten o'clock on April 26th. I had come in from my trip onthe road and was writing up my orders. I had been away ten days. Mr.Frank came in after I got there. I asked him about two important orders as to their shipments and he replied that he couldn't tell whether they had been

MRS. RACHEL JACOBS FRANK, sworn for the Defendant.I am the mother of Leo Frank. I live in Brooklyn. I lived in Texasthree years, where Leo was born. Mr. Moses Frank of Atlanta is myhusband's brother. I saw him at Hotel Mc Alpin in New York City onApril 27th and April 28th 1913. The letter that you hand me (Defendant'sExhibit 42) I saw on Monday, April 28th 1913. It is my son's handwriting.This sheet (Defendant's Exhibit 43) is a sort of financial sheet. I hadlunch with Mr. Moses Frank at Hotel Mc Alpin on Monday, April 28th 1913.His wife read this

OSCAR PAPPENHEIMER, sworn for the Defendant.I am in the furniture business. I am also a stockholder of the NationalPencil Company. I have been getting comparative sheets as tothe weekly business of the Company from Frank since March, 1910. Upto the time the Post Office distributed mail on Sunday, I used to alwaysgo to the Post Office to get my mail and always found this report on Sundaymorning. When I quit going to the Post Office on Sundays I receivedthe reports in the first mail on Monday mornings. I have here the reportfor the week ending April 24, 1913 (Defendant's Exhibit

C. F. URSENBACH, sworn for the Defendant.I married a sister of Mrs. Leo Frank. I phoned him on Friday andasked him if he would go to the baseball game Saturday. He said hedidn't know, he might go and would phone me later and let me know.On Saturday when I got home about twenty minutes to two my cook toldme that Mr. Frank had phoned and told me that he wasn't going to thegame. I saw him on Sunday, after the murder, at my house. I saw noscratches, marks or bruises on him. He seemed to be a little disturbedin mind.

MRS. C. F. URSENBACH, sworn for the Defendant.I am Mrs. Leo Frank's sister. I received a telephone message forMr. Ursenbach from Mr. Frank through my cook on Saturday at halfpast one. I saw no scratches, bruises, or marks on Mr. Frank on Sunday.He was nervous as one would have been under the circumstances.He borrowed a rain coat from my husband that afternoon. The rain coatwas at our house on Saturday. It was there when my husband asked himif he would wear it on Sunday. Mr. Frank did not have it on Saturday.CROSS EXAMINATION.On Sunday Mr. Frank when he was at

MRS. ALEXANDER E. MARCUS, sworn for the Defendant.I am a sister of Mrs. Leo Frank. I played cards Saturday night atMrs. Selig's. Mr. Frank was there sitting out in the hall reading, andMrs. Frank was going in and out of the room. Mr. Frank went to bedafter ten o'clock. I noticed nothing unusual about him, no bruises,marks or signs.CROSS EXAMINATION.He came in one time and told me something funny about a baseballjoke. We were still playing when he went to bed.MRS ALEXANDER E MARCUS, Sworn In For The State, 75th To Testify

MRS. M. MARCUS, sworn for the Defendant.I am no relation of Mr. or Mrs. Frank. I saw Mr. Frank at half pasteight or a quarter to nine in the evening on April 26th, at Mrs. Selig'sresidence. We played cards there. Mr. Frank opened the door for us.He stayed in the hall reading. We played cards in the dining room. Hewent to bed between ten and half after ten. He appeared as natural asusual. I left the house about twelve o'clock.CROSS EXAMINATION.We had a game of cards every Saturday afternoon at somebodyelse's house.MRS M MARCUS, Sworn In For The State, 76th

M. J. GOLDSTEIN, sworn for the Defendant.I played cards Saturday night, April 26th, at Mrs. Selig's house, Igot there about 8:15. We played in the dining room. Mr. Frank was sittingin the hall. There was nothing unusual about him, no nervousnessor anxiety. There was nothing that attracted our attention. I havenever known Mr. or Mrs. Frank to play poker. I should say he went tobed about 10:30. His wife followed about fifteen minutes afterwards.I never noticed any marks or bruises about his person.CROSS EXAMINATION.He came in while we were playing to tell us of some joke he had read, and

  I. STRAUSS, sworn for the Defendant. I was at the home of Mrs. Selig, Saturday night, playing cards. I got there about 10:30. Mr. Frank let me in. While we played he was sitting in the hall reading. I could see him through the door. There was nothing unusual about him. He went to bed immediately after I got there. His wife went to bed soon afterwards. I STRAUSS, Sworn In For The State, 78th To Testify  

SIGMUND MONTAG, sworn for the Defendant.I am engaged in manufacturing stationery. I am treasurer of theNational Pencil Company. The company receives its mail at my office,which is two blocks from the pencil factory. Frank comes to my officeevery day of the year to get the mail and instructions with regard to ordersand the business of the factory. He came to my office on April 26th,about ten o'clock and stayed about an hour. He talked to me, my stenographer, Miss Hattie Hall, and Mr. Gottheimer, one of the salesman. Up to about a year ago I went to the factory almost

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

JOHN ASHLEY JONES, sworn for the defendant.I have known Mr. Frank about a year or eighteen months. Hisgeneral character is good.CROSS EXAMINATION.I am resident agent for the New York Life Insurance Company. Idon't know any of the girls at the pencil factory. I have never heardany talk of Mr. Frank's practices and relations with the girls downthere. Mr. Frank has a policy of insurance with us. It is our customto seek a very thorough report on the moral hazard on all risks. Thereport on him showed up first class, physically as well as morally. Iwent to him in January, 1912,

DR. LEROY CHILDS, sworn for the Defendant.I am a surgeon. If a person dies and the body found three o'clockin the morning, rigor mortis not quite complete, embalmed the next dayabout ten o'clock, the body disinterred nine days later and a post-mortemmade, and a wound is found on the back of the head behind the ear,almost two and a quarter inches long going through the skull, there wasperhaps a drop of blood under the wound, no pressure on the brain, nofracture of the skull, it would be impossible to determine absolutely atthat time whether or not that wound produced unconsciousness.

ALFRED LORING LANE, sworn for the Defendant.I am a resident of Brooklyn, N. Y. I have known Leo Frank about15 years. I knew him four years at Pratt Institute which we both at.tended. I also knew him after he returned from Cornell University. Hisgeneral character is good.ALFRED LORING LANE, Sworn In For The State, 122nd To Testify

PHILIP NASH, sworn for the Defendant.I live in Ridgewood, N. J. I am connected with the New York Telephone Company, in New York City. I knew Leo Frank four years atPratt Institute. I was in his class. His general character is good.PHILIP NASH, Sworn In For The State, 123rd To Testify

RICHARD A. WRIGHT, sworn for the Defendant.I live in Brooklyn, N. Y. I am a consulting engineer, with officesin New York City. I knew Leo Frank four years at Pratt Institute. Ialso knew him three years at Cornell. His general character is good.RICHARD A WRIGHT, Sworn In For The State, 124th To Testify

HARRY LEWIS, sworn for the Defendant.I live in Brooklyn, N. Y. I am a lawyer. I was formerly AssistantDistrict Attorney of Brooklyn. I have known Leo Frank about twelveyears. I have been a neighbor of his until he came South. His generalcharacter is good.HARRY LEWIS, Sworn In For The State, 125th To Testify

HERBERT LASER, sworn for the Defendant.I live in New York State. I manage my father's estates. I knewLeo Frank at Cornell University, during the years 1903-4-5-6. I was inhis class, and we roomed together for two years. His general characterwas very good.CROSS EXAMINATION.He associated with the finest class of students at the University. Ikept up a correspondence with him a couple of years after he left Cornell.HERBERT LASER, Sworn In For The State, 126th To Testify

JOHN W. TODD, sworn for the Defendant.I reside in Pittsburg. I am assistant purchasing agent for the CrucibleSteel Co. I attended Cornell University with Leo Frank. I knewhim for years during the time I was in College. I am the life treasurerof our class. His general character was good.JOHN W TODD, Sworn In For The State, 127th To Testify

PROF. C. D. ALBERT, sworn for the Defendant.I am professor of machine designs in Cornell University. I haveheld that chair for five years. I knew Leo M. Frank for two years whilehe attended the University. At that time I was instructor in mechanicallaboratory, and as such I came in contact with him. His characterwas very good.PROF C D ALBERT, Sworn In For The State, 128th To Testify

PROF. J. E. VANDERHOEF, sworn for the Defendant.I am foreman of the foundry at Cornell University. I knew LeoFrank for two years when he attended the University. His characterwas good.CROSS EXAMINATION.I have been at Cornell 25 years. As to what caused me to take anyspecial notice of Leo Frank I come in contact with him every alternateday while he was there. I know the characteristics of the boys very well.No, I cannot tell what Frank did when he was in the class-room.PROF J E VANDERHOEF, Sworn In For The State, 129th To Testify

V. H. KRIEGSHABER, sworn for the Defendant.I live in Atlanta. I have known Leo Frank for about three years.His general character is good.CROSS EXAMINATION.I did not come in contact with him frequently. I am a trustee of theHebrew Orphans' Home and Mr. Frank is also. I met him once a monththere. I don't know how long he has been on the board. I have methim there probably twice. He also came quite frequently to the Orphans'Home with his uncle, before he was elected to the board. I didnot come in contact with him socially.V H KRIEGSHABER, Sworn In For The

M. F. GOLDSTEIN, sworn for the Defendant.I practice law in Atlanta. I have known Leo Frank about three anda half years. His character is very good.CROSS EXAMINATION.We used to live on the same street together. I would see him nearlyevery day. I would see him at the Progress Club a few times everymonth. During the last two years, he was the next ranking officer to mein the Lodge.M F GOLDSTEIN, Sworn In For The State, 131st To Testify

DR. DAVID MARX, sworn for the Defendant.Jewish Rabbi, and R. A. SONN, Superintendent of the Hebrew Orphans' Home,testified that they had known Leo Frank very well ever since he came tolive in Atlanta and that his character was good.DR DAVID MARX, Sworn In For The State, 132nd To Testify

ARTHUR HEYMAN, sworn for the Defendant.I practiced law about nineteen years in Atlanta. I have known LeoFrank for three or four years. His general character is good.CROSS EXAMINATION.I have been with him seven or eight times in three years. I havebeen with him alone, I suppose, five or six times, probably for fifteen ortwenty minutes at a time. I have never heard any reference made to hisrelation with the girls in the factory.ARTHUR HEYMAN, Sworn In For The State, 133rd To Testify

MRS. H. GLOGOWSKI, sworn for the Defendant.I keep a boarding house in this city. I have known Mr. Frank morethan three years. He and his wife boarded with me for seven months.His character is good.MRS H GLOGOWSKI, Sworn In For The State, 134th To Testify

MRS. ADOLPH MONTAG, sworn for the Defendant.I am a sister of Mr. Sig Montag. I have known Mr. Frank fiveyears. His character is very good.CROSS EXAMINATION.I have heard of his character through the ladies he has lived with.Mrs. Meyers has told me how nice he always was to her. My husbandhas always spoken well of him. I have heard a great many people speakwell of him. I heard his uncle speak well of him. My husband has toldme what a fine, intelligent gentleman he was.MRS ADOLPH MONTAG, Sworn In For The State, 135th To Testify

MRS. J. 0. PARMELEE, sworn for the Defendant.My husband is a stockholder in the National Pencil Company. Mr.Frank's general character is very good.CROSS EXAMINATION.I have seen Mr. Frank at the jail twice. I have only come in contactwith him once at the factory. I am a member of the Board of ShelteringArms, and I have heard a great deal of Mr. Frank in matters of charityand in a social way. I have heard different people speak of him, a greatmany people. I have heard the Liebermans, the Montags, the Haases,Mrs. Bauer, Mr. Parmalee and the employees at the factory speak

MISS IDA HAYS, sworn for the Defendant.I work at the pencil factory on the fourth floor. I have known Mr.Frank for two years. His general character is good. I have known Conleyfor two years. His general character for truth and veracity is bad.I would not believe him on oath.CROSS EXAMINATION.Conley borrowed money and promised to pay it back, but he didn'tdo it. We would get it after awhile. He tried to borrow money from me,but I refused to let him have it.MISS IDA HAYS, Sworn In For The State, 137th To Testify

MISS EULA MAY FLOWERS, sworn for the Defendant.I work on the second floor of the pencil factory. I have known Mr.Frank for three years. His general character is good. I have knownConley for 2 years. His general character for truth and veracity is bad.CROSS EXAMINATION.His borrowing money and not paying it back is one thing. He haspromised and he has never paid back anything he has ever borrowedfrom me. I had Mr. Gantt take it out of his envelope. I have never metMr. Frank anywhere for any immoral purpose.MISS EULA MAY FLOWERS, Sworn In For The State, 138th To Testify

MISS OPIE DICKERSON, sworn for the Defendant.I have worked at the pencil factory for 17 months. Mr. Frank'sgeneral character is good. I have never met Mr. Frank for any immoralpurpose. I have known Jim Conley ever since I have been at the factory.His general character for truth and veracity is bad. I would notbelieve him on oath.CROSS EXAMINATION.I know Mr. Darley and Mr. Wade Campbell. I don't remember if Iwas with them on the night of April 26th. I don't remember where I was.MISS OPIE DICKERSON, Sworn In For The State, 139th To Testify

MRS. EMMA CLARK FREEMAN, sworn for the Defendant.I have worked at the pencil factory over four years. Mr. Frank'sgeneral character is good. I am a married woman. I have known Conleyever since he has been at the factory. His general character fortruth and veracity is bad. I would not believe him on oath.CROSS EXAMINATION.I have never heard any suggestion of any wrongdoing on the part ofMr. Frank, either in or out of the factory. I was forelady at the factory for about three years.MRS EMMA CLARK FREEMAN, Sworn In For The State, 140th To Testify

MISS SARAH BARNES, sworn for the Defendant.I worked at the pencil factory over four years. His character isgood. I have never heard anything bad. He has been the best of men.CROSS EXAMINATION.No one has talked to me about what I was going to swear. I havetold Mr. Arnold what I have told here. I never went with Mr. Frankfor any immoral purpose anywhere.MISS SARAH BARNES, Sworn In For The State, 141st To Testify

MISS IRENE JACKSON, sworn for the Defendant.I worked at the pencil factory for three years. So far as I know Mr.Frank's character was very well. I don't know anything about him. Henever said anything to me. I have never met Mr. Frank at any time forany immoral purpose.CROSS EXAMINATION.I am the daughter of County Policeman Jackson. I never heard thegirls say anything about him, except that they seemed to be afraid ofhim. They never would notice him at all. They would go to work whenthey saw him coming. Miss Emily Mayfield and I were undressing in thedressing room once when

MISS BESSIE FLEMING, sworn for the Defendant.I worked as stenographer at Mr. Frank's office from April, 1911, toDecember, 1911. Mr. Frank's character was unusually good.CROSS EXAMINATIONI am just talking about my personal relations with him. I have neverseen him do anything wrong there in the factory. He never made anyadvances to me or anyone else. I worked right in the same office withhim. The foreladies came to the office, the other girls did not very much.I never did see any flirting. I never heard about any. Mr. Frank workedon his financial sheet in the afternoons, he didn't have time Saturdaymorning.

MRS. MATTIE THOMPSON, sworn for the Defendant.I work on the fourth floor of the pencil factory. I have been there three years. Mr. Frank's general character is good. I have never heard anything against him. I have never met Mr. Frank anywhere or at any time for any immoral purpose. I have made complaint about girls flirting out of the windows with men on the outside. After seven o'clock, thegirls are not supposed to be in the dressing room. There is no toilet orbathtub in the dressing room. There is no lock on the door.CROSS EXAMINATION.They were all complaining up

MISS IRENE CARSON, sworn for the Defendant.I worked for fifteen months on the fourth floor of the pencil factory.I have known Mr. Frank during that time. His character is good. I ama sister of Miss Rebecca Carson, and a daughter of Mrs. E. H. Carson. Iwas with my sister on Whitehall Street on April 26th and recollect seeingMr. Frank there. I have never met Mr. Frank at any time or placefor any immoral purpose.MISS IRENE CARSON, Sworn In For The State, 145th To Testify

MRS. J. J. WARDLAW, sworn for the Defendant.I worked at the pencil factory four years. I worked on the fourthfloor. Mr. Frank's character is good. I have never met Mr. Frank atany time or place for any immoral purpose.CROSS EXAMINATION.I have never heard of any improper relation of Mr. Frank with anyof the girls at the factory. I have never heard of his putting his armaround any girl on the street car, or going to the woods with them.MRS J J WARDLAW, Sworn In For The State, 146th To Testify

MISS EMILY MAYFIELD, Sworn for the defendant.I worked at the pencil factory last year during the summer of 1912. I have never been in the dressing room when Mr. Frank would come in and look at anybody that was undressing.CROSS EXAMINATION.I work at Jacob's Pharmacy. My sister used to work also at the pencil factory. I don't remember any occasion when Mr. Frank came in the dressing room door while Miss Irene Jackson and her sister were there.MISS EMILY MAYFIELD, Sworn In For The State, 147th To Testify

MISS ANNIE OSBORNE, MISS REBECCA CARSON, MISS MAUDE WRIGHT, AND MRS. ELLA THOMAS,All sworn for the defendant, testified that they were employees of the National Pencil company; that Mr. Frank's general character was good; that Conley's character for truth and veracity was bad and that they would not believe him on oath. MISSES ANNIE OSBORNE, REBECCA CARSON, MAUDE WRIGHT, AND MRS ELLA THOMAS, Sworn In For The State, 148th To Testify  

MISSES MOLLIE BLAIR, ETHEL STEWARD, CORA COWAN, B. D. SMITH, LIZZIE WORD, BESSIE WHITE, GRACE ATHERTON, AND MRS. BARNES all sworn for the defendant testified that they were employees of the National Pencil Company, and work on the fourth floor of the factory; that the general character of Leo M. Frank was good; that they have never gone with him at any time or place for any immoral purpose, and that they never heard of his doing anything wrong.8 PEOPLE, Sworn In For The State From Misses Mollie Blair To Mrs Barnes, 149th To Testify

  MISSES CORINTHA HALL, ANNIE HOWEL, LILLLIE M. GOODMAN, Velma Hayes, JENNIE MAYFIELD, IDA HOLMES, WILLIE HATCHETT, MARY HATCHETT, MINNIE SMITH, MAJORIE McCORD, LENA McMURTY, MRS. W. R. JOHNSON, MRS. S. A. WILSON, MRS. GEORGIA DENHAM, MRS. L. O. JONES, MISS ZILLA SPIVEY, CHARLES LEE, N. V. DARLEY, F. ZIGANKI, AND A. C. HOLLOWAY, all sworn for the defendant, testified that they were employees of the National Pencil Company and knew Leo M. Frank, and that his general character was good. 20 PEOPLE, Sworn In For The State From Misses Corintha Hall To A C Holloway, 150th To Testify  

D. I. MACINTYRE, B. WILDAJER, MRS. DAN KLEIN, ALEX DITTLER, DR. J. E. SOMERFIELD, F. G. SCHIFF, ALL. GUTRAN, JOSEPH GERSHON, PL. D. MCCARLEY, MRS. H. W. MEYER; MRS. DAVID MARX, MRS. A. I. HARRIS, M. S. RICH, L. H. ROSS, MRS. L. H. ROSS, MRS. JOSEPH BROWN, M. M. FITZPATRICK, EMIL DITTMER, WM. BAUER, MISS. HELEN LOBB, AL. FOX, MRS. MARTIN MAY, JULIAN V. BOMHM, MRS. MOLLIE HOSBERG, M. H. SILVERMAN, MRS. M. L. STERN, CHAS. ADLER, MRS. R. A. SOMH, MISS RAY KLEIN, A. J. JONES, L. MISTAIN, J. BERHARD, J. FOX, MARCUS LOEB, FRED, HILLBRON, A. C.

  MRS. M. W. CARSON, MARY PIRK, MRS. DORA SMALL, MISS JULIA FUSS, R.P. BUTLER, JOE STELKER, all sworn for the defendant, testified that they were employees of the National Pencil Company; that they know Leo M. Frank and that his general character is good. MRS M W CARSON, MARY PIRK, MRS DORA SMALL, MISS JULIA FUSS, R P BUTLER, JOE STELKER, Sworn In For The State, 152nd To Testify  

J. R. FLOYD, R. M. GODDARD, A. L. GODDARD, N. J. BALLARD, HENRY CARR, J. S. RICE, LEM SMITH, all sworn for theState, testified that they knew Daisy Hopkins; that her general characterfor truth and veracity was bad and that they would not believe heron oath. J. R. Floyd testified that he heard Daisy Hopkins talk aboutFrank and said there was a cot in the basement.7 PEOPLE, Sworn In For The State From J R Floyd To Lem Smith, 153rd To Testify

J. T. HEARN, sworn for the State.I have known C. B. Dalton from 1890 to 1904. At first his generalcharacter was bad, but the last I knowed of him, it was good. I wouldbelieve him on oath.CROSS EXAMINATION.I heard of his being indicted for stealing and selling liquor, but thelast year he was in Walton County he joined the church and I neverheard a word against him after that.J T HEARN, Sworn In For The State, 154th To Testify

R. V. JOHNSON, sworn for the State.I have known C. B. Dalton for about 20 years. His character fortruth and veracity is good, and I would believe him on oath.CROSS EXAMINATION.I didn't hear he was indicted for liquor selling before he left mycounty. He was in good standing when he left the church. I knew hewas in the chaingang for stealing about 18 or 20 years ago.W. M. COOK, W. J. ELDER, A. B. HOUSTON, J. T. BORN, W. M.WRIGHT, C. B. Mc Ginnis, F. P. HEFNER, W. C. HALE, LEONBOYCE, M. G. CALDWELL, A. W. HUNT, W. C. PATRICK,

  MISS MYRTIE CATO, MAGGIE GRIFFIN, MRS. C. D. DONEGAN, MRS. H. R. JOHNSON, MISS MARIE CARST, MISS NELLIE PETTIS, MARY DAVIS, MRS. MARY E. WALLACE, ESTELLE WINKLE, CARRIE SMITH, All sworn for the Defendant, testified that they were formerly employed at the National Pencil Company and worked at the factory for a period varying from three days to three and a half years; and that Leo M. Frank's character for lasciviousness was bad. 10 PEOPLE, Sworn In For The State From Miss Myrtie Cato To Carrie Smith, 156th To Testify  

MISS MAMIE KITCHENS, sworn for the State in rebuttal.I have worked at the National Pencil Company two years. I am onthe fourth floor. I have not been called by the defense. Miss Jones andMiss Howard have also not been called by the defense to testify. I wasin the dressing room with Miss Irene Jackson when she was undressed.Mr. Frank opened the door, stuck his head inside. He did not knock. Hejust stood there and laughed. Miss Jackson said, "Well, we are dressing,blame it," and then he shut the door.CROSS EXAMINATION.Yes, he asked us if we didn't have any work to

MISS RUTH ROBINSON, sworn for the State in rebuttal.I have seen Leo M. Frank talking to Mary Phagan. He was talkingto her about her work, not very often. He would just tell her, whileshe was at work, about her work. He would stand just close enough toher to tell her about her work. He would show her how to put rubbers inthe pencils. He would just take up the pencil and show her how to do it.That's all I saw him do. I heard him speak to her; he called her Mary.That was last summer.MISS RUTH ROBINSON, Sworn In For

  MISS DEWEY HEWELL, sworn for the State in rebuttal. I stay in the Home of the Good Shepherd in Cincinnati. I worked at the pencil factory four months. I quit in March, 1913. I have seen Mr. Frank talk to Mary Phagan two or three times a day in the metal department. I have seen him hold his hand on her shoulder. He called her Mary. He would stand pretty close to her. He would lean over in her face. CROSS EXAMINATION. All the rest of the girls were there when he talked to her. I don't know what

MISS MYRTICE CATO and MISS MAGGIE GRIFFIN, both sworn for the State, testified that they had seen Miss Rebecca Carson go into the ladies' dressing room on the fourth floor with Leo M. Frank two or three times during working hours; that there were other ladies working on the fourth floor at the time this happened. MISS MYRTICE CATO and MISS MAGGIE GRIFFIN, sworn in for the State, 160th To Testify

J. E. DUFFY, sworn for the State in rebuttal.I worked at the National Pencil Company. I was hurt there in themetal department. I was cut on my forefingers on the left hand. Thatis the cut right around there (indicating). It never cut off any of my fingers.I went to the office to have it dressed. It was bleeding pretty freely. A few drops of blood dropped on the floor at the machine where I was hurt. The blood did not drop anywhere else except at that machine. None of it dropped near the ladies' dressing room, or the water cooler.

W. E. TURNER, sworn for the State in rebuttal.I worked at the National Pencil Company during March of thisyear. I saw Leo Frank talking to Mary Phagan on the second floor,about the middle of March. It was just before dinner. There was nobodyelse in the room then. She was going to work and he stopped totalk to her. She told him she had to go to work. He told her that he wasthe superintendent of the factory, and that he wanted to talk to her, andshe said she had to go to work. She backed off and he went on

W. P. MERK, sworn for the State in rebuttal.I have been a motorman for about three years, in the employ of theGeorgia Railway & Electric Company. I know Daisy Hopkins. I havemet her at the corner of Whitehall and Alabama Street between 2:30 and3:30 on a Saturday. She said she was going to pencil factory. I madean engagement with her to go to her room to see her that Saturday. Iwas in a room with her at the corner of Walker and Peters Street about8:30 o'clock. She told me she had been to the pencil factory that afternoon.Her general character

  GEORGE GORDON, sworn for the State in rebuttal. I am a practicing lawyer. I was at police station part of the time when Minola Mc Knight was making her statement. I was outside of the door most of the time. I went down there with habeas corpus proceedings to have her sign the affidavit and when I got there the detectives informed me that she was in the room, and I sat down and waited outside for her two hours, and people went in and out of the door, and after I had waited there I saw the stenographer

ALBERT Mc Knight, Colored, sworn for the State in rebuttal.This sideboard (Defendant's Exhibit 52) sets more this way than itwas at the time I was there.CROSS EXAMINATIONI don't know if the sideboard was changed, but it wasn't setting likethat is in the corner. I didn't see the sideboard at all, but I don't likethe angle of this plat.ALBERT MCKNIGHT, Colored, Sworn In For The State, 165th To Testify

  R. L. CRAVEN, sworn for the State in rebuttal. I am connected with the Beck and Gregg Hardware Co. Albert Mc Knight also works for the same company. He asked me to go down and see if I could get Minola Mc Knight out when she was arrested. I went there for that purpose. I was present when she signed that affidavit (State's Exhibit J). I went out with Mr. Pickett to Minola Mc Knight 's home the latter part of May. Albert Mc Knight was there. On the 3rd day of June, we were down at the station

D. H. PICKETT, sworn for the State in rebuttal.I work at Beck & Gregg Hardware Co. I was present when that paperwas signed (State's Exhibit J) by Minola Mc Knight. Albert Mc Knight,Starnes, Campbell, Mr. Craven, Mr. Gordon was present when she madethat statement. We questioned her about the statement Albert had madeand she denied it all at first. She said she had been cautioned not to talkabout this affair by Mrs. Frank or Mrs. Selig. She stated that Alberthad lied in what he told us. She finally began to weaken on one or twopoints and admitted that she had

DR. S. C. BENEDICT, sworn for the State in rebuttal.I am president of the State Board of Health. I was a member ofthe Board when Dr. Westmoreland preferred charges against Dr. Harris.Those minutes (State's Exhibit N) are correct. I desire to say that we do not wish to open up that question again. Dr. Westmoreland's charges are not recorded here. I don't think they were put on the minutes. The reply to the charges were put in the minutes and the action of the Board. The minutes would show what action the Board took.CROSS EXAMINATIONDr. Harris' reply is not entered

J. H. HENDRICKS, sworn for the State in rebuttal.I am a motorman for the Georgia Railway & Electric Company. OnApril 26th I was running a street car on the Marietta line to the StockYards on Decatur Street. I couldn't say what time we got to town onApril 26th, about noon. I have no cause to remember that day. TheEnglish Avenue car, with Matthews and Hollis has gotten to town priorto April 26th, ahead of time. I couldn't say how much ahead of time. Ihave seen them come in two or three minutes ahead of time; that daythey came about 12:06.

J. C. Mc EWING, sworn for the State in rebuttal.I am a street car motorman. I ran on Marietta and Decatur StreetApril 26th. My car was due in town at ten minutes after the hour onApril 26th. Hollis' and Matthews ' car was due there 7 minutes after thehour. Hendricks car was due there 5 minutes after the hour. The EnglishAvenue frequently cut off the White City car due in town at 12:05.The White City car is due there before the English Avenue. It is due 5minutes after the hour and the Cooper Street is due 7 minutes after.The English

M. E. Mc COY, sworn for the State, in rebuttal.I knew Mary Phagan. I saw her on April 26th, 1913 in front of Cooledge's place at 12 Forsyth Street. She was going towards pencil company, south on Forsyth Street on right hand side. It was near twelveo'clock. I left the corner of Walton and Forsyth Street exactly twelveo'clock and came straight on down there. It took me three or four minutesto go there.CROSS EXAMINATION.I know what time it was because I looked at my watch. First time Itold it was a week ago last Saturday, when I told an officer.

GEORGE KENDLEY, sworn for the State in rebuttal.I am with the Georgia Railway & Power Co. I saw Mary Phaganabout noon on April 26th 1913. She was going to the pencil factory fromMarietta Street. When I saw her she stepped off of the viaduct.CROSS EXAMINATION.I was on the front end of the Hapeville car when I saw her. It isdue in town at 12 o'clock. I don't know if it was on time that day. I toldseveral people about seeing her the next day. If Mary Phagan left homeat 10 minutes to 12, she ought to have got to town

HENRY HOFFMAN, sworn for the State in rebuttal.I am inspector of the street car company. Matthews is under me acertain part of the day. On April 26th he was under me from 11:30 to12:07. His car was due at Broad and Marietta at 12:07. There is nosuch schedule as 12:07. I have been on his car when lie cut off the FairStreet car. Fair Street car is due at 12:05. I have compared watcheswith him. They vary from 20 to 40 seconds. We are supposed to carrythe right time. I have called Matthews attention to running ahead ofschedule once or

N. KELLY, sworn for the State in rebuttal.I am a motorman of the Georgia Railway & Power Co. On April26th, I was standing at the corner of Forsyth and Marietta Street aboutthree minutes after 12. I was going to catch the College Park car homeabout 12:10. I saw the English Avenue car of Matthews and Mr. Hollisarrive at Forsyth and Marietta about 12:03. I knew Mary Phagan. Shewas not on that car. She might have gotten off there, but she didn'tcome around. I got on that car at Broad and Marietta and went aroundHunter Street. She was not on there.CROSS

W. B. OWENS, sworn for the State in rebuttal.I rode on the White City line of the Georgia Railway & Electric Co.It is due at 12:05. Two minutes ahead of the English Avenue car. Wegot to town on April 26th, at 12:05. I don't remember seeing the EnglishAvenue car that day. I have known that car to come in a minuteahead of us, sometimes two minutes ahead. That was after April 26th.I don't recall whether it occurred before April 26th.W B OWENS, Sworn In For The State, 175th To Testify

LOUIS INGRAM, sworn for the State in rebuttal.I am a conductor on the English Avenue line. I came to town onthat car on April 26th. I don't know what time we came to town. I haveseen that car come in ahead of time several times, sometimes as much asfour minutes ahead. I know Matthews, the motorman. I have riddenin with him when he was ahead of time several times.CROSS EXAMINATION.It is against the rules to come in ahead of time, and also to come inbehind time. They punish you for either one.LOUIS INGRAM, Sworn In For The State, 176th To

W. M. MATTHEWS, sworn for the State in rebuttal.I have talked with this man Dobbs (W. C.) but I don't know what Italked about. I have never told him or anybody that I saw Mary Phaganget off the car with George Epps at the corner of Marietta and Broad.It has been two years since I have been tried for an offense in this court.CROSS EXAMINATION.I was acquitted by the jury. I had to kill a man on my car who assaulted me.W M MATTHEWS, Sworn In For The State, 177th To Testify

W. C. DOBBS, sworn for the State in rebuttal.Motorman Matthews told me two or three days after the murderthat Mary Phagan and George Epps got on his car together and left atMarietta and Broad Streets.CROSS EXAMINATION.Sergeant Dobbs is my father.W C DOBBS, Sworn In For The State, 178th To Testify

W. W. ROGERS, sworn for the State in rebuttal.On Sunday morning after the murder, I tried to go up the stairsleading from the basement up to the next floor. The door was fasteneddown. The staircase was very dusty, like it had been some little timesince it had been swept. There was a little mound of shavings rightwhere the chute came down on the basement floor. The bin was about afoot and a half from the chute.W W ROGERS, Sworn In For The State, 179th To Testify

SERGEANT L. S. DOBBS, sworn for the State in rebuttal.I saw Mr. Rogers on Sunday try to get in that back door leading upfrom basement in rear of factory. There were cobwebs and dust there.The door was closed.SERGEANT L S DOBBS, Sworn In For The State, 180th To Testify

TILLANDER, sworn for the State in rebuttal.Mr. Graham and I went to the pencil factory on April 26th, about 20minutes to 12. We went in from the street and looked around and I founda negro coming from a dark alley way, and I asked him for the office andhe told me to go to the second floor and turn to the right. I saw Conleythis morning. I am not positive that he is the man. He looked to beabout the same size. When I went to the office the stenographer was inthe outer office. Mr. Frank was in the inner

E. K. GRAHAM, sworn for the State in rebuttal.I was at the pencil factory April 26th, with Mr. Tillander, about 20minutes to 12. We met a negro on the ground floor. Mr. Tillander askedhim where the office was, and he told him to go up the steps. I don'tknow whether it was Jim Conley or not. He was about the same size,but he was a little brighter than Conley. If he was drunk I couldn'tnotice it, I wouldn't have noticed it anyway.CROSS EXAMINATION.Mr. Frank and his stenographer were upstairs. He was at his desk.I didn't see any lady when I

J. W. COLEMAN, sworn for the State in rebuttal.I remember a conversation I had with detective Mc Worth. He exhibited an envelope to me with a figure" 5" on the right of it.CROSS EXAMINATION.This does not seem to be the envelope he showed me. (Defendant'sExhibit 47 (*51). The figure "5" was on it. I don't see it now. I told himat the time that Mary was due $1.20, and that "5" on the right would notsuit for that.J W COLEMAN, Sworn In For The State, 183rd To Testify

J. M. GANTT, sworn for the State in rebuttal.I have seen Leo Frank make up the financial sheet. It would takehim an hour and a half after I gave him the data.J M GANTT, Sworn In For The State, 184th To Testify

IVY JONES (colored), sworn for the State in rebuttal.I saw Jim Conley at the corner of Hunter and Forsyth Streets onApril 26th 1913. He came in the saloon while I was there, between one and two o'clock. He was not drunk when I saw him. The saloon is on the opposite corner from the factory. We went on towards Conley's home. I lefthim at the corner of Hunter and Davis Street a little after two o'clock.IVY JONES, Colored, Sworn In For The State, 185th To Testify

HARRY SCOTT, sworn for the State in rebuttal.I picked up cord in the basement when I went through there withMr. Frank. Lee's shirt had no color on it, excepting that of blood. I gotthe information as to Conley's being able to write from Mc Worth whenI returned to Atlanta. As to the conversation Black and I had, with Mr.Frank about Darley, Mr. Frank said Darley was the soul of honor andthat we had the wrong man; that there was no use in inquiring aboutDarley and he knew Darley could not be responsible for such an act. Itold him that we

L. T. KENDRICK, sworn for the State in rebuttal.I was night watchman at the pencil factory for something like twoyears. I punched the clocks for a whole night's work in two or three minutes. The clock at the factory needed setting about every 24 hours. Itvaried from three to five minutes. That is the clock slip I punched(State's Exhibit P). I don't think you could have heard the elevator onthe top floor if the machinery was running or any one was knocking onany of the floors. The back stairway was very dusty and showed thatthey had not been used lately

VERA EPPS, sworn for the State in rebuttal.My brother George was in the house when Mr. Minar was asking usabout the last time we saw Mary Phagan. I don't know if he heard thequestions asked. George didn't tell him that he didn't see Mary thatSaturday. I told him I had seen Mary Phagan Thursday.VERA EPPS, Sworn In For The State, 188th To Testify

C. J. MAYNARD, sworn for the State in rebuttal.I have seen Burtus Dalton go in the factory with a woman in Juneor July, 1912. She weighed about 125 pounds. It was between 1:30 and2 o'clock in the afternoon on a Saturday.CROSS EXAMINATION.I was ten feet from the woman. I didn't notice her very particularly.I did not speak to them.C J MAYNARD, Sworn In For The State, 189th To Testify

W. T. HOLLIS, sworn for the State in rebuttal.Mr. Reed rides out with me every morning. I don't remember talkingto J. D. Reed on Monday, April 29th, and telling him that GeorgeEpps and Mary Phagan were on my car together. I didn't tell that toanybody. I say like I have always said, that if he was on the car I didnot see him.W T HOLLIS, Sworn In For The State, 190th To Testify

J. D. REED, sworn for the State in rebuttal.Mr. Hollis told me on Monday, April 28th, that Epps had gotten onthe car and taken his seat next to Mary, and that the two talked to eachother all the way as though they were little sweethearts.J D REED, Sworn In For The State, 191st To Testify

J. N. STARNES, sworn for the State in rebuttal.There were no spots around the scuttle hole where the ladder is immediately after the murder. Campbell and I arrested Minola Mc Knight,to get a statement from her. We turned her over to the patrol wagonand we never saw her any more until the following day, when we calledMr. Craven and Mr. Pickett to come down and interview her. We stayedon the outside while she was on the inside with Craven and Pickett. Theycalled us back and I said to her, " Minola, the truth is all we want, and ifthis is

DR. CLARENCE JOHNSON, sworn for the State in rebuttal.I am a specialist on diseases of the stomach and intestines. I am aphysiologist. A physiologist makes his searches on the living body; thepathologist makes his on a dead body. If you give any one who hasdrunk a chocolate milk at about eight o'clock in the morning, cabbage at12 o'clock and 30 or 40 minutes thereafter you take the cabbage out andit is shown to be dark like chocolate and milk, that much contents of anykind vomited up three and a half hours afterwards would show an abnormalstomach. It doesn't show a

DR. GEORGE M. NILES, sworn for the State in rebuttal.I confine my work to diseases of digestion. Every healthy stomachhas a certain definite and orderly relation to every other healthy stomach.Assuming a young lady between thirteen and fourteen years of age at11:30 April 26, 1913, eats a meal of cabbage and bread, that the nextmorning about three o'clock her dead body is found. That there are indentations in her neck where a cord had been around her throat, indicating that she died of strangulation, her nails blue, her face blue, a slight injury on the back of the head, a

DR. JOHN FUNK, sworn for the State in rebuttal.I am professor of pathology and bacteriologist. I was shown by Dr.Harris sections from the vaginal wall of Mary Phagan, sections takennear the skin surface. I didn't see sections from the stomach or the contents. These sections showed that the epithelium wall was torn off atpoints immediately beneath that covering in the tissues below, and therewas infiltrated pressure of blood. They were, you might say, engorged,and the white blood cells in those blood vessels were more numerous thanyou will find in a normal blood vessel. The blood vessels at some distancefrom the

T. Y. BRENT, sworn for the Defendant in sur-rebuttal.I have heard George Kendley on several occasions express himselfvery bitterly towards Leo Frank. He said he felt in this case just as hedid about a couple of negroes hung down in Decatur; that he didn't knowwhether they had been guilty or not, but somebody had to be hung forkilling those street car men and it was just as good to hang one nigger asanother, and that Frank was nothing but an old Jew and they ought totake him out and hang him anyhow.CROSS EXAMINATION.I have been employed by the defense to

M. E. STAHL, sworn for the Defendant, in sur-rebuttal.I have heard George Kendley, the conductor, express his feelingstoward Leo Frank. I was standing on the rear platform, and he saidthat Frank was as guilty as a snake, and should be hung, and that if thecourt didn't convict him that he would be one of five or seven that wouldget him.M E STAHL, Sworn In For The State, 197th To Testify

MISS C. S. HAAS, sworn for the Defendant, in sur-rebuttal.I heard Kendley two weeks ago talk about the Frank case so loudthat the entire street car heard it. He said that circumstantial evidencewas the best kind of evidence to convict a man on and if there was anydoubt, the State should be given the benefit of it, and that 90 per cent. ofthe best people in the city, including himself, thought that Frank wasguilty and ought to hang.MISS C S HAAS, Sworn In For The State, 198th To Testify

N. SINKOVITZ, sworn for the Defendant, in sur-rebuttal.I am a pawnbroker. I know M. E. Mc Coy. He has pawned his watchto me lately. The last time was January 11, 1913. It was in my place ofbusiness on the 26th of April, 1913. He paid up his loan on August 16th,last Saturday, during this trial. This is the same watch I have beenhandling for him during the last two years.CROSS EXAMINATION.My records here show that he took it out Saturday.N SINKOVITZ, Sworn In For The State, 199th To Testify

  S. L. ASHER, sworn for the Defendant in sur-rebuttal. About two weeks ago I was coming to town between 5 and 10 minutes to 1 on the car and there was a man who was talking very loud about the Frank case, and all of a sudden he said: "They ought to take that damn Jew out and hang him anyway. " I took his number down to report him. CROSS EXAMINATION. I have not had a chance to report since it happened. S. L. ASHER, Sworn In For The State, 200th To Testify  

Gentlemen of the Jury: In the year 1884, on the 17th day of April, I was born in Cuero, Texas. At the age of three months, my parents took me to Brooklyn, New York, and I remained in my home until I came South, to Atlanta, to make my home here. I attended the public schools of Brooklyn, and prepared for college, in Pratt Institute, Brooklyn, New York. In the fall of 1902, I entered Cornell University, where I took the course in mechanical engineering, and graduated after four years, in June, 1906. I then accepted a position as draftsman

In reply to the statement of the boy that he saw me talking to Mary Phagan when she backed away from me, that is absolutely false, that never occurred. In reply to the two girls, Robinson and Hewel, that they saw me talking to Mary Phagan and that I called her" Mary," I wish to say that they are mistaken. It is very possible that I have talked to the little girl in going through the factory and examining the work, but I never knew her name, either to call her "Mary Phagan," "Miss Phagan," or "Mary. " In reference