Another in our series of new transcriptions of contemporary articles on the Leo Frank case.
Atlanta Journal
August 1st, 1913
DARLEY’S ADMISSIONS ABOUT FRANK’S DEFENSE OFFSET BY HIS EVIDENCE IN REBUTTAL
Having Admitted Frank Trembled, That He Was Pale and Seemed “Upset,” on Cross-Examination Mr. Darley Said Frank Was Naturally of a Nervous Temperament and Told of Tedious Work He Did on Saturday in Preparing Financial Sheet
JUDGE ROAN REVERSES HIS RULING IN REFERENCE TO EVIDENCE ABOUT WHETHER OTHERS WERE NERVOUS
Attorneys for Defense Had Intimated That His Refusal to Admit This Evidence Was Good Ground for Appeal—Mrs. White’s Testimony That She Saw Negro Lurking Near Stairway at 1 o’Clock Saturday a Feature of Morning Session
Little progress was made at the morning session Friday of the fifth day of the trial of Leo M. Frank for the murder of Mary Phagan. The state showed by one witness that a negro was sitting on a box on the main floor shortly before 1 o’clock at the point Jim Conley claims he was sitting when he says Frank called him.
The state also introduced its best testimony relative to the nervousness and general demeanor of the defendant on the morning that the crime was discovered.
The witness, who gave his testimony was N. V. Darley, who also materially aided the defense by a number of points brought out on his cross-examination by Attorney Reuben R. Arnold. Considered of special value to the defense was his statement that with the time clock in the condition that it was on Sunday anyone understanding its mechanism could have made the punches for twelve hours within five minutes. The defense, brought out by Darley a statement that it had been hammering home since the trial first started, namely that the elevator and its motor made much noise when running and that a saw on the fourth floor ran simultaneously with the elevator. The inference is that the defense will argue that if the elevator ran shortly after noon or even up to 3 o’clock that White and Denham, working on the fourth floor, would necessarily have heard it.
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