Another in our series of new transcriptions of contemporary articles on the Leo Frank case.
Atlanta Georgian
August 18th, 1913
That his married life has been very happy; that his office safe door was open and he could not see Mary Phagan as she spoke to him on leaving after drawing her pay; that he was in his office from 12 until just before going home to lunch.
PROFOUND IMPRESSION MADE BY PRISONER’S REMARKABLE STORY
FRANK LOOKS STRAIGHT AT JURY AND TELLS STORY DELIBERATELY
During his statement, Frank looked straight into the faces of the jurymen and talked very distinctly and deliberately. His voice was not very strong and the deputies had to rap frequently to keep down the noise.
From the lips of the man accused of the murder of Mary Phagan, came a remarkable story Monday afternoon, August 18, 1913.
The spectators in a densely packed courtroom listened with strained interest as Leo Frank told in graphic words of the events of the day which brought the charge of a terrible crime against him.
It is doubtful if a tale so clearly told, so thorough in its detail, so logically presented ever has been related in a Georgia court of justice by a man over whom has hung the accusation of a horrible murder.
His wife smiled affectionately at him when he told of his marriage to her and said with feeling: “My married life has been exceptionally happy; in fact, the happiest period of my life.”
His words, dispassionate at first, grew in force as he proceeded, but he seldom departed from his moderate tons of voice. The only exceptions were when he was referring to some particularly vital point.
At one point he adverted to one of the Solicitor’s charges that he had not done all the work on Saturday that his lawyers claimed for him. Frank displayed a sheaf of requisitions to the jurors, and said with a trace of heat:
“Notwithstanding any insinuations that may have been made, I wrote these requisitions!”
He brought out the closing words with a startling force he had not displayed before, emphasizing each word with a blow of his hand on the railing front of the jury box.
At another time he held up a long sample case of vari-colored pencils to the view of the jury.
Solicitor Dorsey objected to the display of the pencils on the ground that they had not been introduced as evidence.
Frank smiled and said to the jurors:
“I guess you have seen enough of the pencils to perceive there are a great many kinds.”
The spectators smiled with him as they saw he had accomplished all he desired.
Here is Frank’s story as it was told with its various interruptions:
Mr. Arnold: “Now Mr. Frank, such papers as you want to use you can come down here at any time or from time to time and get them on this table right here.
The Court: “Before you commence your statement, I want to read the law. In criminal procedure, the prisoner will have the right to make to the Court and jury such statement in the case as he may deem proper in his defense. It shall not be under oath and shall have such force as the jury shall think right to give it. They may believe it in preference to the sworn testimony in the case. The prisoner shall not be compelled to answer questions on cross-examination. He should feel free to decline to answer them. Now you can make such statement as you see fit.”
The defendant said: “Gentlemen of the jury, in 1884, 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, which became 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 of Brooklyn, New York.”
“In the fall of 1902 I entered Cornell University, where I took the course of mechanical engineering, graduating after four years, in June, 1906. I then accepted a position as draughtsman with the B. F. Sturdevant Company, of Hyde Park, Massachusetts. After remaining with this firm for about six months, I returned once more to my home in Brooklyn, where I accepted a position as testing engineer and draughtsman with the National Meter Company of Brooklyn, New York”
Came to Atlanta In October, 1907.
“I remained with these parties until about the middle of October, 1907, when at the invitation of some citizens of Atlanta, I came South to confer with them with reference to the starting and operation of a pencil factory to be located in Atlanta. After remaining here for about two weeks I returned once more to New York, where I engaged passage and went to Europe. I remained in Europe nine months. During my sojourn abroad, I studied the pencil business and looked after the erection and testing of machinery which had been previously traded for.”
“In the first part of August, 1908, I returned once more to America, and immediately came South, to Atlanta, which has remained my home ever since. I married in Atlanta an Atlanta girl, Miss Lucille Selig. The major portion of my married life has been spent in the home of my parents-in-law, Mr. and Mrs. Emil Selig, at number 68 East Georgia avenue, Atlanta. My married life has been exceptionally happy. Indeed it has been the happiest days of my life.”
“My duties as superintendent of the National Pencil Company were in general as follows: I took charge of the technical and mechanical end of the factory, looking after the processes and seeing that the product was turned out in quality equal to the standard which was set by our competitors. I looked after the installation of new machinery, and the purchasing of any machinery, and in addition I had charge of the office work at the Forsyth street plant, and the lead plant on Bell street.”
Looked After the Purchase of Materials.
“I looked after the purchasing of the raw material. I saw after the manufacture of pencils and kept up with the market of these materials, and when the prices fluctuated so that the purchases could be made to the best possible advantage.
“On Friday, April 25, 1913, I arrived at the pencil factory on Forsyth street at about 7 o’clock, my usual time. I immediately started in on my regular routine work, looking over the papers I had laid out the evening before, and attending to any work that needed my special attention that morning.”
“At about 9:30 o’clock I went over to the office of the general manager and treasurer, Mr. Sigmund Montag, whose office is at Montag Brothers on Nelson street. I stayed over there a short time, and got what papers had arrived in the mail all the mail of the pencil factory comes over to their office. I got that mail and brought it back to the Forsyth street office. I then separated the mail and continued in my usual routine duties in the office on Forsyth street.
“At about 11 o’clock Mr. Herbert Schiff handed me the payroll book, covering the plants at Forsyth street and Bell street, for me to check over and see if the amounts and extensions were correct. Of course, this work has to be very carefully done, so that the proper amount of money is drawn from the bank. This checking took me until about 12:20 p.m.”
Went to Bank To Get Pay Money.
“I then went over to Montag Brothers, took the checks drawn and had them signed by Mr. Sig Montag, after which I returned ot Forsyth street and got the leather bag in which I usually carried the money and coin from the bank, and got the payroll slip, on which the various denominations which I desired to have on the payroll were made out, and went, accompanied by Mr. Herbert Schiff, my assistant, to the Atlanta National Bank, where I had the checks cashed.”
“Returning to the factory in company with Mr. Schiff, I placed this bag containing the money for the payroll, in the safe and locked it. At this time my wife called for me and in her company and that of Mr. Schiff I went over to the car, and went with my wife home to lunch. After lunch I returned to the factory and took a tour for about an hour through the factory, after which I then assisted Mr. Schiff in checking over the amounts on the pay envelopes, checking the money
against the duplicate slips that we had got from the bank to see that the correct amount had been given us, and helped Mr. Schiff in checking over the money and in filling the envelopes.”
“This took us approximately until a quarter to six to fill the envelope and sent them, and place them in a box we have there with two hundred pigeon holes in it, that we call our payoff box.”
Paid One Man Check in Cash.
“While I was so occupied with Mr. Schiff in filling the envelopes, a young man named Wright, who had helped us out in the office as clerk during the past week came in and I paid him in cash, as Mr. Schiff had neglected to put his name on the payroll. I just made out a ticket and put it in the payroll box, not the cash box, and continued in the office with Mr. Schiff, taking all the envelopes that were due the help that had worked from Friday, April 18 to Thursday, April 24, inclusive, to pay them through the window in one side of the office. There is a little window built in the hall. I had stayed in my office, checking over the amount of money which had been left there.”
“This amount should have been equal to the amount loaned out in advance to the help. I took a ticket out when we were filling the envelopes in checking this amount there. As near as I recollect it, it was about $15.”
“I noticed a shortage of about $1.20, or something over a dollar, at any rate, and I kept checking to see if I could find the shortage shortage in the various deductions which had been made. I could not locate it that evening, after the help had been paid off, during which time I stayed in my office. No one came into my office and asked me for the envelope or for an envelope of any other party.”
“After the paying off of the help had taken place, Mr. Schiff returned and handed me the envelopes which were left over, bound with an elastic band, and I put them in the cash compartment, which is different from the cash box, the key to which is kept in my cash box, and placed them in the safe, and Mr. Schiff placed the amounts in the box, and placed the box in the safe and left them.”
Tells of Putting Slips in Time Clock.
“I placed in the time clock slips which were to be used the next day. I took the two time slips dated April 25, which had been used by the help on Friday, April 25 these are the two that I put in the slot,” exhibiting the same to the jury.”
Mr. Dorsey thereupon vigorously protested that Mr. Frank shouldn’t be allowed to exhibit these slips to the jury, because they had not been offered in evidence on the grounds that they were immaterial and irrelevant, and on the second ground that he could not put them in evidence on his own statement.
Counsel for the defendant insisted, however, that they should be allowed to offer these slips in evidence as they had been testified to by Mr. Darley and others. The testimony, however, was not produced, and Judge Roan ruled that Mr. Frank might make any statement concerning the same, but that he would withhold his ruling until further investigation. Mr. Frank thereupon proceeded to explain to the jury.
“Gentlemen, as I was saying, these two slips that have April 26, 1913, written at the bottom are the two slips I put in the clock on the evening of Friday, April 25, to be used on the day following, which, of course, was April 26.”
“I neglected to mention also, in going over my duties at the factory, that Mr. Darley was superintendent of labor and manufacture, and it fell to his duty to engage the help and distribute the help throughout the plant, and to discharge the help in case it was necessary. It was also due to him whether the wages were raised or not. In other words, he was the man that came directly in contact with the help. Moreover, he saw that the goods processed through the plant without stopping, speedily and economically for their manufacture.”
“On Friday evening (April 25th) I got home about 6:30 o’clock, had my supper, washed up, and with my wife played a game of suction bridge at a friend’s home in the evening. My wife and I returned home and retired about 11 o’clock.”
“On Saturday, April 26, I rose between 7 and 7:30 o’clock and leisurely washed and dressed and ate my breakfast, and caught a Washington Street or Georgia Avenue car. I don’t really remember which, at the corner of Washington and Georgia avenue, and arrived at the factory, the Forsyth street plant, at about 8:20 o’clock.”
“Upon my arrival at the factory I found Mr. Holloway, the day watchman, at the usual place, and I greeted him in my usual way, and found Alonzo Mann, the office boy, in the office.”
“I took off my coat and hat and opened my desk and opened the safe, and removed the various books and files and wire trays containing the various important papers which were placed there the evening before and distributing them in their proper places about the office. I then went out to the shipping room and conversed a few minutes with Mr. Irby, who was at that time shipping clerk, about the work he was going to do that morning.”
“According to my recollection, we did no shipping that day, owing to the fact that the freight offices were not receiving any shipments, due to the fact that it was a holiday.”
“I returned to my office and looked through the papers and sorted out those which I was going to take over on my usual trip to the general manager’s office that morning.”
“I then turned to the invoice covering shipments which were made by the pencil factory on Thursday, April 24, and which were typewritten on Friday, April 25, by Miss Eubanks, who was the stenographer who stayed at my office. She had hurried through with the office work on the day previous, so that she could go home and spend the holiday in the country where she lived. But I didn’t get to check over the invoices on the shipments on Friday, due to the fact that Mr. Schiff and myself were completely occupied the entire day. So we left the factory with the payroll. So that naturally, these invoices covering shipments which were made on April 24, ought to have been sent to the customers, and I got right to work checking them.”
Shows Invoices to Jury First Time.
“Now I have these invoices here, (Frank taking up the papers and exhibiting them to the jury). These papers have not been exhibited to you before, but I will explain them. You have seen some similar to these.”
“Of all the mathematical work in the office of a pencil factory, this very operation, this very piece of work that I have now before me is the most important. It is the invoices covering shipments and is sent to the customer, and it is very important that the prices are correct, that the amount of goods shipped agrees with the amount which is on the invoices, that the terms are correct, and that the price is correct. Also, in some cases, there were freight deductions, all of which has to be very carefully checked over and looked into, because I know of nothing else that exasperates a customer than to receive invoices which are incorrect.”
“Now, with reference to the work I did on these orders that is not such an easy job as you might be led to believe. Here are initials. They represent the salesman who took the order. Sometimes, I have to go to through a world of papers to find out to whom to credit these orders.”
“I notice that one of the orders to R. B. Kindele calls for a specialty. That has to be carefully noted and recorded. One column represents the shipping point, another the date, etc.”
“The next step is to fill in the orders on this sheet. On this sheet I must separate the orders into price groups. Evidently no work has been done on this sheet since he went away. The reason this is done in the pencil business as in all manufacturing business it is advantageous to sell as much of the high priced goods as possible.”
“This sheet is the only means of telling how much of the various goods we are selling. It is the barometer of our business and requires most careful work.”
Declares He Wrote Financial Sheet.
“After I have finished that work I have had to do this, and not withstanding any insinuations that have been made, I wrote these requisitions.”
Frank read the name on each requisition, which were the same as the names on the orders.
“Now that is all my handwriting, except what as written at a subsequent date to April 26.”
“Well, moreover, this operation this morning took me longer than it usually takes the ordinary person to check invoices because usually one calls out and the other checks, but I had this work all myself that morning. As I did this work this morning I saw that Miss Eubanks had evidently sacrificed accuracy to speed, and everyone of them was wrong. I went over the invoices to make the corrections, figure them out, correct them, and made deductions, if any were to be made, and then get the total shipments, because isnce these shipments were made on April 24, which was Thursday and the last day of our fiscal week, and it was on this week which the financial report which I make out every Saturday afternoon, which has been my custom, so that the total shipments could be figured out, and therefore I could not let it go out at that, so I had figure every invoice in its entirety, so I could get a figure I would be able to use.
“The first order here is to Hilton, Hart & Kern Co., Detroit, Mich. Here is the original order, which exists in our files in our office. Here is the original transaction which was made March 18, but it was not to be shipped until April 24. This is a small order, 100 gross of Number 2; and here is an order of the Packard Motor Car Company for 125 gross of No. 3, and 150 gross of No. 4. Those figures represent the grade of hardness of the lead in the pencil.”
Explains How Orders are Filled.
Frank thereupon explained how such orders were usually filled, whether in part or in whole, and how the shipments were made, and continuing said:
“In investigating shipments made by the pencil company our method is as follows: We make them in triplicate. Our first original is a white sheet that goes to the customer; the second is a pink sheet that goes over to the general manager’s office and is filed serially, that is chronologically, that is, one date after the other, and from that the charges are made on the ledger, and the last sheet, the third sheet, or yellow sheet, which is here (exhibiting it) and those are place in the files in my office, and are filed alphabetically. These yellow sheets that I have here are not the yellow sheets I had that day, because they have since been corrected, and I am just taking the corrected sheets I made the corrections and Miss Eubanks corrected them on Monday by the corrections I had on the white sheet from the corrections I made and I presume at that time made that correct.”
Mr. Frank exhibited to the jury various orders similarly written, to H. W. Williams and Company, of Forth Worth, Tex.; The Fort Smith Paper Company, of Fort Smith, Ark.; S. O. Barnum & Sons, of Buffalo, N. Y.; F. L. Schmidt and Company, of Chicago, and H. S. Kress and Company, of New York.
“Now, there is an order that takes a great deal of study (referring to other Kress order) because in common with these five and ten cent syndicates, there is a great deal of red tape. These are invoices that were typed on April 25, Friday, and were shipped on April 24. It was the date on which the shipment was made irrespective of the date there, (referring to the date on the letter) and these were typewritten. In other words, shipments took place April 24, and that date was at the top, typewritten and stamped by the office at the bottom, April 24. Among other things that the S. H. Kress Company demand on their orders, we must state whether or not it is complete, must give the case number, and must tell by which railroad the shipment goes.
Checking Made Hard By Much Red Tape.
“Here is one for F. W. Woolworth and Company, Fort Wayne, Ind., which shows 35 pounds, less 86 cents per 100 pounds credit. In other words, we had to find out what was the weight of that was on a basis of 86 cents for every 100 pounds shipped. Then here is another of our large distributors in New York. They have a freight allowance of 86 cents a 100 pounds also, and their shipments amounted to 618 pounds on Thursday, April 24.
“I started on this work. As I said, I have gone in it in some detail, to show you the carefulness with which the work must be carried out, and I was at work on this until about 9 o’clock, as near as I remember.
“Mr. Darley and Wade Campbell, the inspector of hte factory, came into the outer office and I stopped what work I was doing, which was this work, and went to the outer office and chatted with Mr. Campbell for ten or fifteen minutes, conversed with them, joked with them and while I was talking with them, I think about 9:15, or a quarter after 9, Miss Mattie Smith came in and asked me for her pay envelope, and the envelope of her sister-in-law. I went to the safe and got out the package of envelopes that Mr. Schiff had given me the evening before, and placed the two remaining envelopes in my cash box, as I considered they might come in and I wanted to have them near at hand so that I could pay them off when they came in. I keep my cash box on the lower side of my desk. After Miss Smith had gone away with the envelopes, in a few minutes Mr. Darley came back with one of the envelopes, and pointed out an error in one of them, the one of the sister-in-law of Miss Mattie Smith, who had gotten too much money.
“When I took the amount which was too much, that amount balanced the error in the payroll that I had noticed the night before, and left about five or ten cents. Those things generally right themselves, anyhow. I continued to work on these invoices when I was interrupted by Mr. Lyon, the superintendent of Montag Brothers, and he brought me a pencil display box. He seemed to be in a hurry, and I told him if he would wait a minute I would go over with him, but he passed out of the office, and then I found a stopping place in the work I was working on, and I put on my coat and when I got to the outer office I found that Mr. Lyon had already left.
“Mr. Darley and I left about 9:35 or 9:40, and we got out of the factory and stopped at the corner of Hunter and Forsyth streets, where we each had a drink at Cruickshank’s soda fountain, and I bought a package of my favorite cigarettes.
“After that conversation there I left him and went alone to Montag Brothers, where I arrived about 10 o’clock or maybe a little after. I entered Montag Brothers and spoke to Mr. Sig Montag, general manager, on business, and he brought the papers which I collect and laid them on his desk, and I then took the papers out, thrust them in the folder and took the other papers which I had in my folder, and […]
LEO FRANK’S OWN STORY ADDS FINAL TOUCHES TO STATE’S GREATEST TRIAL
[…] then distributed them at the proper places in the Montag plant. I don’t know just which ones they were.
Conversation With Miss Hall Recalled.
“In chatting with Mr. Montag I spoke to Mr. Montag and Mr. Korse, after that I spoke to Miss Hattie Hall, the pencil company’s stenographer, who stays at Montag Brothers, and asked her to come over and help me that morning, as I have already told you, that these invoices were wrong, and I wanted her to help me on that work, and could not take it up to-morrow. In fact, I told her I had enough work to keep her busy that whole afternoon if she would stay. She said she didn’t want to do that; she wanted to have at least a half holiday.
“I then spoke to members of the Montag Brothers force, on business matters, and then other matters. Also I then spoke to Mr. Guttenheim, who was sales manager of the Montag Brothers and of the pencil factory, and then spoke to him about several of his orders that were in the factory. There were two of his orders that he paid special stress on that were desired to be shipped right away. I said, ‘I don’t know how una [sic] far along in the process of manufacture the orders have proceeded, but if you can come back I can look it up and tell you when they can be shipped.’ He said he could not come then, but he would come a little later. I told him I would be glad if he would come up a little later on in the afternoon; that I would be there until about 1 o’clock in the morning, and then about half past three. I then took the folder and returned.
Arrived at Factory At About 11 o’Clock.
“Upon arrival at the pencil factory I went up to the second or office floor, and then I noticed that the clock was perhaps five minutes after 11 o’clock, and I saw Mr. Holloway there, and I told him he could go as soon as he got ready. He told me he had some work to do for Harry Denham and Arthur White, who wanted to do some repairing on the top floor, and that he would do the work first.
“I then went to the office, and found Miss Hattie Hall, who had preceded me from Montag Brothers, and another young lady, who introduced herself to me as Mrs. Arthur White. Mrs. White wanted to see her husband. I went into the inner office, and took off my hat and coat and removed teh papers which I had brought back from Montag Brothers and put the folder away.
Week’s Sheet Left In Incomplete Form.
“It was about this time that I first heard the elevator motor start up, and the circular saw in the carpenter shop which was near to it, and I heard it sawing through some boards and thought it was evidently the work that Mr. Holloway had referred to.
“I separated the orders from the letters which required answers, and took from them the letters that did not need immediate attention and laid them in the various places, and it was about this time I had an idea I would like to see how far along the report sheets were which I used in getting up the financial report every Saturday afternoon. To my surprise I found that the sheet contains the records of the pencils packed for the week had been entered for Thursday. The last day of the fiscal week was omitted, and Mr. Schiff, evidently in the stress of figuring out and filling the envelopes for the payroll for Friday instead of Saturday, had evidently not had enough time. I told Alonzo Mann, the office boy, to call up Mr. Schiff and find out when he was coming down; and Alonzo said that the answer came back over the telephone that Mr. Schiff would be right down, so I didn’t pay any more attention to that part of the work, because I expected Mr. Schiff to comem down any minute.
Mrs. Freeman and Corinthia Hall Came In.
“It was about this time that Mrs. Emma Clark Freeman and Miss Corinthia Hall, two of the girls that worked on the fourth floor, came upstairs and asked to go upstairs and get Mrs. Freeman’s coat, which permission I gave them. I told them at the same time to tell Arthur White that his wife was downstairs. A few minutes after they left my office two gentlemen came in, one of them Mr. Graham, and another gentleman; fathers of two boys who had gotten into some trouble during the noon recess and were taken down to police headquarters, and, of course, could not get their pay envelopes the night before. I gave the required envelopes to the two fathers, and chatted with them at some length in reference to the trouble that their boys had gotten into on the day previous.
“Just before they left the office Mrs. Emma Clark Freeman and Mrs. Corinthia Hall came into my office and asked my permission to use the telephone, and started using the telephone during the time these two gentlemen left my office. Previous to the time these two gentlemen came in I had called Miss Mattie Hall in and dictated what mail I had to give her, and she went out and was typewriting the mail.”
Frank went back to the stand. He was handed a glass of water as he resumed his seat but declined it.
“Miss Hall left my office” he continued, “on her way home at this time. There were then in the building Arthur White, Harry Denham and Mrs. White. It must have been from ten to fifteen minutes after that this little girl whom I afterwards found to be Mary Phagan came in. She asked for her pay. I got my cash box referred to the number and gave her the envelope.”
“As she went out she stopped near my outer office doer and said:”
“‘Has the metal come?'”
Sound of Voice Made Little Impression.
“The safe door was open and I could not see her, but I answered No.’ The last I heard was the sound of her footsteps going down the hall. But a few moments after she asked me, I had the impression of a voice saying something but it made no impression on me.”
“The little girl had hardly left the office when Lemmie Quinn came in. He said something to me about working on a holiday and went out. A few minutes before 1 o’clock, I called up my wife and told her I was coming to lunch at 1:15 o’clock. I then went upstairs to (the fourth floor) where Denham and White were working and found […]
Frank Details His Own Story to Jury
[…] they had a bit of the floor taken up and were sawing.”
“I explained to them that I was going to lunch and would lock the door when I left. Mrs. White left at this time. Some lady said that at 12:35 o’clock she found me in front of the safe. It is barely possible that she did. I don’t recall her being there. Her memory probably is fresher than mine on this point.”
“When I went up stairs, I asked Mr. White if his wife was going to stay there with him. She said no, that she would go. She left and then I got my hat and coat and left, locking the outer door.”
“Now, gentleman, to the best of my recollection from the time the whistle blew until I went upstairs to see Mr. White, I did not stir out my office. I went on home.”
(Narrators note: The Atlanta Georgian, omitted part of Leo Frank’s statement, where he spoke about the possibility of unconsciously going to the metal room to use the men’s toilet there, to explain why Monteen Stover found his second floor business office empty between 12:05 p.m. and 12:10 p.m. This evidence was crucial because in State exhibit B, Leo Frank had made an unsworn statement that Mary Phagan was alone with him in his office during this exact time. End of narrator commentary. Leo Frank continues…)
“I called up my brother-in-law, Mr. Ursenbach, to tell him I was unable to keep the engagement to go to the ball game. The cook answered the phone.”
“My wife and mother-in-law were going to the opera. My father-in-law and I ate lunch. He went into the backyard while I lit a cigarette and lay down for a moment.”
“I left and while passing the home of Mrs. Wolfsheimer, saw Mrs. Michael on the porch. I went in to see her and saw Mrs. Wolfsheimer, Mr. Loeb and others.”
Watched Parade When Street Cars Stopped.
“To catch the next car I ran down to Glenn street. On the car I met my wife’s cousin, Mr. Loeb. The car was blocked at the corner of Washington and Hunter streets. I walked up to Whitehall street and stood there possibly for fifteen minutes watching the Memorial Day parade.”
“As I walked down Whitehall street I met Miss Rebecca Carson. This was probably 3:10 or 3:15 o’clock. I greeted her and walked on. I stopped at Jacobs’ Pharmacy and walked on. I went from there to the factory.”
“When I reached there I went upstairs and let the boys know I had returned. A minute later, I returned to my office and started to work on the financial sheet.”
“In a few minutes the clock bell rang and Arthur White came into the office to borrow two dollars. It was while I was at work on the sheet at probably 4 o’clock that I went to the toilet.”
“As I returned toward the office, I noticed Newt Lee coming toward me from the head of the stairs. I told him he could go on off but to be sure and be back at 6 o’clock. I told him I was very sorry I could not let him know about the half holiday but that he was at liberty to enjoy himself as he saw fit, but that he must not fail to return at 6 o’clock.”
“The first night that Newt Lee went to work at the factory, I took him over the building, and stressed the fact that he must go into the basement, especially the dust bin every half hour.”
“I told him it would be part of his duties to watch the back door. He was to make a complete tour every half hour and punch the clock.”
“Now, I will return to the work of the financial sheet. This sheet contains the cost of all the pencils made that week. There are no names but this sample case will show you.”
Evidence Excluded But Jury Sees It.
Frank unfolded a sample case.
Dorsey: “We object to this being used as evidence.”
Judge Roan: “I sustain you.”
Frank placed the sample case to one side.
“Well,” he said, ” you got a sufficient glance at those pencils to see there was a great many.”
“In making up this sheet it was necessary to go through the list of all that were packed. Specials of course, have to be figured separately.”
“For instance, there is a special 60-60-x pencil known as Crackerjack.’ Now I notice that the two expert accountants reported two errors. While they were unimportant, I wish to explain that these errors were not mine. They were made by Mr. Schiff. I never checked his figures. I checked over mine, but not his.”
“Now the next is jobs.’ The accountant found the only error in my financial sheet there in the item jobs.’ It was not an error, as I will show you. He did not know my method of figuring.
“Two items here are totals. The total gross amount is 791 gross, the total value amount $396.75. In figuring the average I obtained $50.01. In that average he discovered an error. It was not an error. I simply did not go as far into the decimals as he did. One-tenth of a cent was close enough for my purpose.”
“Now some of the items in here are taken from the reports of the foremen of the different departments.”
Frank then exhibited a report from the foreman or forewoman of each department and explained it.
“Then there is the report of Mr. Schiff, showing the gross of pencils shipped each day of that week that week was an exceptionally heavy one.”
“Now there is a little report here that constitutes one of the most difficult calculations. It is from the packing room. We have a trick of the trade to put the pencils that do not sell very fast into fancy packages to make them go.”
“Now, very often these pencils are taken from the shelf, where they have laid for more than a year, and repacked in the fancy cases. I made all the calculations on this that afternoon, despite everything that has been said here to the contrary.
“Now here is a little sheet that deals with the grades of the pencils. It shows the totals for each class of pencils shipped that week. This data sheet—we have had very few clerks at the Forsyth street office capable of keeping it, because it requires rather advanced mathematics to reach the totals.”
“Now I will have to get all my thoughts on this sheet. It isn’t a hard job but it is a very tedious one and requires much care and accuracy. Here is rubber—cheap rubber and good rubber. Now it has been intimated that some of these items—this one in particular, if I am not mistaken—that I could take two that were already figured and subtract them from the total and get the cost of the third.
“That is not so. Some of the pencils haven’t any rubber in them at all. I have to go through the same tedious operation on each item. There are various sorts of packing boxes used. Then there are the skeletons in the boxes. Some pencils don’t have skeletons at all.
“All these items must be gone through accurately to get correct results of this sheet. Then there is no section on this data sheet showing the cost of tips. You can’t use rubbers without tips, so, after figuring them, I just added them to the rubbers.
“Some pencils take wrappers and some don’t. The very cheap pencils are tied with a cord, so we have the same tedious figuring again.
“The slat item is not worked out because I could not find the data. I just put it off until Monday.
“Here are the jobs—the payroll at Forsyth street and the payroll at Bell street.
“Now the shipments were figured for the week. I did part of that work in the morning and I explained to you about the invoices being wrong. Well, here are the items on this financial sheet. Then, as to the orders received. Entering the orders received that day involved no more work than transferring.
Has Own Method of Figuring Cost Data.
“Here they are in comparison the amount shipped.
“One of the most intricate things in making out this financial sheet is figuring the cost data. This sheet I may say is a child of my own brain. The first one gotten out was gotten out by myself.
“This item here gives us the net value and the net amount of money the pencil factory received for its pencils. The burden that a business has to carry is its fixed charges—rent, insurance, certain salaries, etc.—the charges that are the same whether great or few pencils are made.
“The machine shop is variable. We did make many machines at first, but later the machine shop was used solely for upkeep. The stats are figured at 22 a gross. That cost was simple multiplication.
“The figuring of that price is not done in making out the financial sheet Saturday afternoon. Mr. Montag and myself figure that in advance, making allowance for profit, breakage, etc.
“I have here on the report of April 26 ‘Slats, not complete;’ that was because Schiff had not made out the slat report, and I planned to complete it Monday morning before taking it to Montag.
“Now, beside the making this large sheet here and the financial sheet, there are three other sheets that I made out. Now, I want to call your attention to this. I did not typewrite it. I merely filled in the blanks. I have several of them typewritten and keep them in my desk.
“In addition to that I make out two condensed financial sheets, showing the principal figures. They are sufficient for a director or stockholder to see what the factory is doing.
Mailed Statements To Stockholders.
“One of these statemetns I mailed to my uncle, Mr. M. Frank, who is president of the company, and the other to Oscar Papenheimer, who was a director.
“I put one in an envelope and addressed it to Mr. Oscar Papenheimer; the other I sent to my uncle along with a price list, and I wrote him this letter.
“This price list is too long for an ordinary envelope, hence the large envelope.
“After finishing the financial sheet, I folded the large sheet and addressed it to Mr. Selig Montag. I then took up the checking up of hte cash and balancing of the cash book. I did that work as near as I remember, between 5:30 and 5 minutes to 6 o’clock. It did not take me an hour and a half. I did it in about 25 minutes. There was $30.54. There couldn’t have been any more. It was mostly in small change. There was one loan to Mr. White, making the total amount of cash $28.50.
“Beginning that week, we had $39.25 as a balance. We drew two checks of $15 each—I mean by that that we went to Mr. Montag’s office and had him draw the checks. The total amount of money we had to account for was 69.25. What it was spent for, of course, is shown on the debit side.”
Frank explained each of those items, including drayage, parcel post, etc.
“I found at the end a shortage of $4.34 coming about in payrolls within the last three months.”
Drinks Water After Talking Two Hours.
At this point Frank paused to take a drink of water having been talking for 2 hours and 30 minutes.
“I finished this work I have just outlined,” he continued, “at 5 minutes to 6 o’clock. I took those slips—I won’t show them to you—stamped April 28. They were put into the clock because no one was coming into the office until Monday.
“Newt Lee’s punches on Monday night would appear on the strip placed on the clock Monday night. Just before I left I put new tape in the clock and made Newt Lee punch it. Then he went on down stairs to wait and let me out.
“As I started out of the factory, I saw Newt Lee talking to a man named Gantt, who had been released about two weeks before, I gave them permission to go into the factory and get Gantt’s shoes which he said were left there and I told Newt Lee to go with him.
“I reached home at about 6:25 o’clock and at 6:30, thinking Newt Lee woudl be near the clock, I called him over, the phone to see if everything was all right. I could not get him. I called again at 7 o’clock and again at 7:30. At that time I got him and he told me everything was all right.
“That night my parents-in-law had company at the home. Those present were Mr. and Mrs. Marcus, Mrs. Goldstein, Mrs. M. Marx, Mrs. A. B. Marx, Mr. Ike Strauss—who came in at about 10 o’clock. I read a magazine until about 10:30 and then retired.”
Told Officer He Did Not Know Girl.
At this juncture the jury retired for five minutes.
Frank conferred with his attorneys while the jury was out. Upon its return he resumed:
“I believe I have taken in every move Saturday night. I retired Saturday night. Sunday morning about 7 o’clock I was awakend by the telephone ringing and a man’s voice which I afterwards found out to be Detective Starnes, said: ‘I want you to come down to the factory.’ ‘What is the trouble?’ I asked. ‘Has there been a fire?’ ‘No,’ he said. ‘A tragedy has occurred.’ I said, ‘All right,’ and he said he would send an auto.
“They came before I finished dressing. At this point I differ with the detectives, Black and Starnes, about where the conversation took place. They say it was after we were in the machine, I say it was before we left the house, before my wife. At any rate, here is what was said:
“They asked me if I knew Mary Phagan. I answered that I did not. They asked me if I did not pay off a little girl with long hair down her back the afternoon before. I said I did. They said they wanted me to go the undertaking establishment to see if I could identify the body. They made the trip to the undertaking establishment very quickly. I went in and stood in the doorway. The attendant removed the sheet from the little girl’s face and turned the head toward me. His finger was right by the cut on the head. I noticed her nostrils were filled with dirt and cinders and there were several discolorations. I noticed a piece of cord around her neck, the kind we used in the pencil factory. I said it looked like a little girl that came to the factory the day before. They had already told me it was Mary Phagan. We went to the factory and by examining the payroll I found that Mary Phagan had drawn her pay the day before and that the amount was $1.20.
“As we went into the factory I noticed Mr. Darley going in. We went to the office and I found Newt Lee in the custody of the officers. They told me they wanted to go down into the basement. I got the elevator key, but when I tried to start the elevator machinery I found I could not and I told Mr. Darley to see if he could start it.
Admits Nervousness And Defends Himself.
“He started the car, and when we got further down I found that one of the chains had slipped. They showed me where the body was found, where the shoe was found and pointed out everything that was at that time known. After looking about the basement we got some nails and a hammer, and Mr. Darley nailed up the back door. Back upstaris Mr. Darley, Chief Lanford and myself went on a tour of inspection of the three upper floors. We went through the metal room, the same metal room that has figured so prominently in this trial, and neither Mr. Darley nor myself noticed anything particular on that floor. Nor did Sergeant Lanford, chief of the Atlanta detective force.
“We went to the time clock. I took out the slip and a casual note of this ship would indicate nothing was on it. There was something on it. It had been partially rubbed out. It could not be rubbed out altogether without rubbing out the printed lines. I did write with a pencil across the face of it, ‘8:26 a. m.’ We noticed a slip but overlooked any skips. I folded the time slip as it is now and handed it to Chief Lanford. Now, gentlemen, I have heard a great deal during this trial about nervousness.
“I was nervous. I was completely unstrung. Imagine yourself called from sound slumber in the early hours of the morning, whisked through the chill morning air without breakfast, to go into that undertaking establishment and have the light suddenly flashed on a scene like that. To see that little girl on the dawn of womanhood so cruelly murdered—it was a scene that would have melted stone. Is it any wonder I was nervous?”
Notes Found by Dead Girl’s Body Described.
“I got in an automobile and sat on Mr. Darley’s knee. I was trembling, perhaps. Later Sunday morning, I went to the home of Mr. Sig Montag and told him what had occurred. I got home about 11 o’clock. My wife and I went over to my sister-in-law’s, Mrs. Ursenbach’s, and with a number of friends we discussed the tragedy.
“We went back home to dinner and mentioned there the terrible crime. After dinner I read a short time and about 10 minutes to 3 o’clock caught a car downtown.
“The conversation on the car was about the little girl that had been found dead in the factory. At 3:10 o’clock I went back to the undertaking establishment and found Joe Stelka there.
“On Monday I went to the police station with Darley and he said he would like to talk to Newt Lee alone. We were shown the two notes found by the side of the slain girl.”
Frank then described the notes.
“Now, on one of the notes there was an erasure, but the tracing was still discernible. It was January 11, 1912. The order number was very indistinct, but it was evidently an old serial number.
“Returning to my home at 4:15 I met Mr. Haas and he asked me about the murder. Several people on the street also asked me.
“I remained at home until 5 o’clock, then I went to Mr. Montag’s home and made a report of the tragedy to him. From there I went to the home of Mr. Marcus where I had received a telephone message from my wife, and I went by there to get her.
“At supper that night the conversation was again about the murder. After supper I read the paper. I called up Mr. Marcus and asked him if he would come down. He said he could not.
“Mr. and Mrs. Selig had a party that night. About 10 o’clock, my wife and I went up to bed. Next morning before I had finished dressing, the door bell rang. It was Detectives Black and Hazlett. They said they wanted me to go to the police station with them.
Kept in Ignorance of Charge Against Him.
“I went and on the way I asked them what was the trouble. They said Chief Lanford would tell me.
“I arrived at the police station and sat in an outer office for probably an hour without seeing Chief Lanford. Near 9 o’clock, Mr. Sig Montag and Mr. Herbert Haas came down. Near 10 o’clock I saw Mr. Rosser. He came in and said, ‘Hello boys, what’s the trouble.’
“Mr. Haas took him off to one side. Chief Lanford came out and said to me: ‘Come in here.’
“I went into his office. He handed me the time slips and if I am not mistaken this same time slip had the figures still unerased: ‘8:26 a. m.’
“I took the slip and examined it closely, discovering the slips. There seemed to be some altercation about Mr. Rosser getting into the room with me. I heard him say: ‘I am going into that room. That man is my client.’ Chief Beavers asked me if I would give him a statement.
“I heard Mr. Rosser say: ‘Why, it’s preposterous. The man who did that would have signs on his […]
ACCUSED DID NOT PEER INTO GIRLS’ DRESSING ROOM, WORKER SAYS
[…] body.” I jumped up and, opening my clothes, let the detectives see for themselves.
“I then gave them a statement, willingly and freely and without any reluctance. Then one of them said something about examining my linen at my home. I knew that none of it had gone to the laundry at that time and invited the detectives to make a search, which they did. Mr. Herbert Schiff went with them. They were very well satisfied with the search, or rather, they found nothing.
Employed Pinkertons To Aid the Police.
That afternoon I telephone Mr. Schiff to get Mr. Montag’s permission to employ the Pinkertons to aid the police. I told him I would be down about 3 o’clock.
“I went around to Mr. Wolfsheimers, got into his automobile and went downtown. I saw Mr. Schiff, Mr. Darley and a number of others, including Mr. Quinn.
“Mr. Quinn said he wanted to take me back to the metal room where it was claimed blood spots had been discovered and wheere the hair on the lathe was discovered by Mr. Barrett.
“I examined them closely, particularly the spots. I did not examine them standing up. I got down on my knees and examined them with a strong electric flashlight and I arrived at certain conclusions.
“That floor is grease, soap and dirt covered to a thickness varying from a quarter to half an inch.
“To return to that spot. I don’t claim it was not blood. The space where these spots were adjoins the ladies’ dressing room. There have been accidents which may not have been brought out in this trial. We do not report every time one of the employees cuts his finger.
“There are all sorts of paints around the factory. I have seen girls drop bottles in the hall, not exactly at that point, but near there. But the point about those spots is that when I examined them there was over them an accumulation of dirt not of days or weeks, but of at least three months.
Phoned to Prevent Alarm of Family.
“The white stuff was not fresh. It was dry. And another thing: If that compound had been put on the blood fresh, it would have been pink and not the white that it was.
“Now, when the Atlanta papers containing the statement that I was detained were published, I telegraphed Mr. A. R. Montag to communicate with my uncle that I was no longer; that I had been released. I did this because I knew they would be alarmed if they saw the sensational stories in the papers.
“Harry Scott of the Pinkertons came in and spoke to me in the presence of Mr. Darley. He said he had not read the newspapers. I told him all that had been published and in addition the statement that Mrs. White had seen a negro about 1 o’clock on the first floor.
“After I had told him all I knew, I took him over the factory. On the second floor I noticed was a piece of cord such as I learned had been found around Mary Phagan’s neck. I asked him as to the rates of the Pinkertons. He told me and I informed Mr. Montag, who approved them.
“Mr. Scott said that at it was the usual custom of the Pinkertons, he would work hand in hand with the police. I went home and found my family there and sat up until about 10 o’clock, when I went to bed.
Gave Officers All Information Wanted.
“Tuesday a. m. I arose between 7 and 7:30 and caught the 8:10 car. I remember I got to the factory at 8:30. I went right into my routine work and at 9:30 o’clock went on my regular trip to Montag’s. I then went back to the factory and to work again.
“After a while Detectives Black and Scott came and told me they wanted me to go to the station house. I went and I have been incarcerated since then.
“I went down in an automobile. They took me to Chief Lanford’s office. I answered all the questions they asked. In a few minutes, Detective Scott and Black came in with a bundle.
“They showed me a piece of material and asked me if I had a shirt like that. I told them I never had. They showed it to Newt Lee and they said he admitted having a shirt like that but declared he had never worn it.
“They then unfolded a bloody shirt.
“About 10 o’clock Mr. Rosser came down and said Chief Beavers thought it best for me to remain at the station, and they thought I might employ a supernumerary to avoid being locked up. I assented, because, of course, I could not do anything else.
“They wanted a sample of my handwriting. I told them I was willing. They dictated it word for word, spelling the unusual words. Detective Starnes took me down to the desk sergeant and searched me.
“I was locked up in a cell while my father-in-law was providing a supernumerary.
“The detectives came to me and said: ‘Mr. Frank, we would like to talk to you a little bit.’ We went into a little room and they stressed the possibility of a couple being let in the pencil factory at night. Then they said: ‘You talk to Lee. You are his boss. He will talk to you.’
“The detectives told me to go after him strong and tell him we would both go to hell. Detective Black said that.
“I went in and talked to Lee. I tried to get him to talk. I said: ‘Newt, you had better tell everything you know or you will get us both into trouble.’ He stuck to his statement that he had told the whole truth.
“Then the detectives came in and I was initiated to the Atlanta police department third degree for the first time. Detective Black went after that poor negro. He called him every vile name he could think of. He fairly streamed with profanity.
“I want to touch upon a few accusations that have been leveled against me, besides this crime. The first is that I would not talk to the detectives. Let us look into that and see if there is any truth in that. I went there Sunday, Monday and Tuesday and discussed the matter freely and openly. I gave them a written statement. I talked to them at midnight. I talked to Newt Lee at their instance. What did they do? They grilled him. They twisted my words. They put words into his mouth he never heard. After that, I said I washed my hands of them. They came to me again—Scott and Black. Black said: ‘We are suspicious of that man Darley. Now, open up and tell us all you know about him.’
Could Not Trust Even His Own Detectives.
“I said: ‘He is the soul of honor.’
“Come on, Scott; nothing doing,’ said Black.
“Then I knew I couldn’t trust even our own Pinkerton detectives. After that I treated them with silence. That is why I would not see Conley surrounded by a bevy of city detectives. They would distort; they would falsify. That is the reason I kept my silence.
“Now this second charge that I knew Conley could write. The same day that Conley was arrested I was taken to the Tower. There was nothing in the papers that said he could not write. The first thing I knew about it Harry Gottheimer came to see me on May 12 and told me the Pinkertons had turned suspicion toward Conley, but that he stood them down he could not write.
“I told him that I had received too many notes from Conley not to know that he could write. I told Harry that if they would look into the drawer of the safe in my office they would find a card with a jeweler’s name on it, and that if they would go to him he could probably show a contract that Conley had signed.
“Gentlemen, the first man that pointed out the way to prove Conley could write is sitting before you now.
“That other insinuation that is so dastardly that it is beyond the comprehension of a human being—that my wife didn’t come to see me—she was down stairs at the police station. Rabbi Marx was with me. I advised with him whether I should let her come up or not. We had to restrain her.
Brands Conley Tale As a Tissue of Lies.
“I know nothing of the murder of Mary Phagan. I never saw Jim Conley on that day.
“This man Dalton I never saw before this trial. He was never around the factory with Daisy Hopkins that I know of.
“Irene Jackson is mistaken. I have no recollection of ever looking in on the girls in the ladies dressing room when the girls were undressed.
“That room on the fourth floor has no bath. It is simply a place in which young ladies can change their outer clothing. I might have looked in to see that they were not loafing. I heard complaints about them flirting and I wanted to stop it.
“The statement of Jim Conley is a tissue of lies. He never saw me with any women.
“Conley’s statement about seeing me in improper positions with women is so vile that I have no words fit to denounce it.
“My father is notable to work. I have no relative of any means except my uncle in Atlanta.
“There is no fund raised to pay these attorneys. The fees are paid, but they were paid by sacrificing a portion of my family’s small estate.
“Gentlemen, some newspaper men have called me the silent man in the Tower. I was silent, but it was advisedly. The time to talk is now. The place is here, and I have told you the whole truth.”
Frank bowed slightly to the twelve men to whom he had addressed this remarkable statement and then stepped down from the stand. Court adjourned until 9 o’clock Tuesday morning.
Hapeville Episode Hinted by State.
That Frank rode on a street car to Hapeville with a girl the Saturday previous to the murder of Mary Phagan and repeatedly sought to persuade her to leave the car with him was the sensational testimony Solicitor Dorsey endeavored to get from Mrs. J. G. Wardlow Monday.
Anticipating the nature of the questions the Solicitor was about to ask Mrs. Rae Frank, mother of the defendant, stopped her ears with her fingers and then rushed from the room. Attorneys for Frank at first objected to the questions and the jury was excused
. It was at this moment that Mrs. Frank made her dramatic exit. She was evidently fearful of repeating her outburst of a few days ago.
Mrs. Wardlaw denied that she ever knew of such a circumstance. She denied as well that she had been told of it by Harmes Stanton or H. G. Backer, street car men.
Another sensation was created when the defense called to the stand Miss Emmeline Mayfield, the young woman whom the State maintains was in the dressing room when Frank looked in at one time. Miss Mayfield denied this was true.
Paving the way for the eagerly awaited statement of Frank, the lawyers for the defendant devoted Monday morning to the gathering up of the story ends of their case, most of the time being occupied with the testimony of character witnesses.
More than a score of women and girls employed in the National Pencil Company were called to tell what they knew of Frank’s character and what they had observed of this conduct about the factory. All asserted that they never had known personally of any misconduct on the part of the superintendent and never had heard of any.
Explains Looking Into Dressing Room.
Mrs. Mattie Thompson proved one of the most important of the character witnesses. After testifying to Frank’s good character, Mrs. Thompson declared that the girls on the fourth floor were in the habit at one time of flirting from the windows of the dressing room. She said that the practice became a matter of comment among the elder women on the fourth floor and that she finally took it upon herself to report it. Whereupon orders were issued against it.
The testimony of Mrs. Thompson was produced to provide a basis for the contention of the defense that Frank had opened the dressing room door on several occasions solely for the purpose of determining if his orders were being carried out.
Miss M. E. Fleming, a stenographer said that she worked in Frank’s office from April to December, 1912, and that she never had observed any misconduct on the superintendent’s part nor had seen women visiting his office.
Godfrey Winecoff superintendent of the lead plant of the National Pencil Company, testified that it was his custom to visit the pencil factory office every other Saturday afternoon about 3 o’clock. He said he always found Frank or Schiff, Frank’s assistant frequently both working in the office. He asserted he never saw any women there.
A large crowd was attracted to the courtroom by the probability that the prisoner would tell his story Monday, and the keenest expectancy prevailed. It was problematical whether there would be any cross-examination. Ordinarily, of course, the accused in a murder case merely makes his statement and the jury can believe it or discard it entirely as it chooses. It is said, however, that Frank has earnestly urged his lawyers to allow the Solicitor to cross-examine him.
When court reopened Monday Solicitor Dorsey took up the cross-examination of Harlee Branch, a reporter for the Atlanta Journal.
Took Conley 15 Minutes To Tell Crime Details.
Branch was asked.
“Can you give any estimate of the time taken in conversation in Conley’s re-enactment of the crime?” He replied that it took about fifteen minutes.
Q. You never said it was about half the total time, did you? A. I don’t recall.
Attorney Arnold took the witness.
Q. You said it took about fifteen minutes to cover the time lost in conversation? A. Yes.
Q. He began at 12:18 and you left at 1:08? That would be about 50 minutes that you were there? A. Yes.
Q. How long was he writing the notes? A. Two minutes at the most. He did not write fast or slow?
Q. How long did he stay in the wardrobe? A. About one minute.
Q. Did you see Conley in the newspapermen’s room here in this courthouse reading a newspaper since this trial began? A. I saw him looking at one as though he was reading it.
Mr. Branch was excused and Lou Castro, former ball player and at present fight promoter, was called as a witness by the defense to testify to time it took to walk certain distances.
Q. Did you walk from Marietta and Forsyth streets to the second floor of the pencil factory? A. Yes.
Q. How long did it take you? A. Four and one-half minutes.
Q. Did you walk from the National Pencil Company to the corner of Whitehall and Alabama streets? A. I did.
Q. How long did it take you? A. Three minutes and twenty seconds.
Q. Did you walk from Broad and Hunter streets to the Pencil Factory?
Employees of Factory Character Witnesses.
Miss M. E. Fleming was the next witness called. She is one of Frank’s former stenographers. She testified on direct examination that Frank’s character was good. Dorsey cross-questioned her.
Q. Were you ever there on Saturday? A. Yes
Q. How long did it take you? A. One and one-half minutes.
Q. On the day of the murder were you there Saturday afternoon? A. No, I was off then.
Q. Did you ever see Mr. Frank work on the financial sheet Saturday mornings? A. Yes, I saw him work on it a little.
Miss Fleming was excused and Godfrey Winecoff, superintendent of the lead plant of the pencil factory, took the stand.
Q. Did you visit the National Pencil factory on Saturdays between July 1, 1912 and May 1, 1913? A. Yes.
Q. What time? A. Three to 5 o’clock.
Q. How often? A. Almost every Saturday.
Q. Did you ever see women there in Frank’s office? A. No.
Q. Who was there? A. Frank, Holloway, Schiff and the office boy.
Dorsey took the witness on cross-examination.
Q. Are you sure Holloway was there at 3 o’clock? A. Yes.
The witness was excused, and Mrs. Mattie Thompson, an employee of the factory working on the fourth floor took the stand testified as to Frank’s good character. Arnold questioned her.
Q. Do you know anything about that dressing room on the fourth floor and the conduct of the girls there? A. I made a complaint about the girls flirting out of the window.
Dorsey took the witness on cross-examination.
Q. Who has talked to you in the last few days about what you were to swear on the stand here? A. Mr. Haas talked to me.
* * *