Defense Will Seek to Show That Mary Phagan’s Body Was Tossed Down a Chute in Rear of Pencil Factory And Not Taken Down by Elevator As the State Insists

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Atlanta Constitution
August 9th, 1913

Eleven Witnesses Are Introduced Friday to Prove Discrepancies in Time Given by Witnesses for the State. Miss Daisy Hopkins Goes on Stand and Swears That She Never Visited Factory With Dalton, But on Cross-Examination She Admitted Having Been in Jail Recently—She Denied That She Knew Frank.

HOLLOWAY’S TESTIMONY RIDDLED BY SOLICITOR; MEMORY FORSAKES HIM

Confesses That He Had Told Detectives the Day That He Caused the Arrest of Conley That “If He’s Convicted, Remember He’s My Nigger”—From Present Indications the Trial Will Be Continued for Two Weeks Longer, and Defense Will Introduce Character Witnesses.

The defense in the Leo M. Frank trial introduced eleven witnesses Friday and a mass of testimony to prove that witnesses for the state were incorrect as to time was presented.

From questions put to Ira Kauffman, civil engineer, who made a drawing of the building, it was evident the defense will seek to show that the body of Mary Phagan was never taken down on the elevator, but was thrown down a chute in the rear of the building leading from the first floor to the basement.

Blood Spots Found.

It is stated that the defense has found blood stains on the floor of the dark passageway leading up the rear of the building.

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State Confronts Watchman Holloway With Previous Affidavit

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Atlanta Journal
August 9th, 1913

Solicitor Dorsey Fiercely Attacks Evidence Given by the Witness For Defense Afternoon Session

He Also Implies That Watchman Was Trying to Fix Crime on Conley to Get Reward. Holloway Admits Signing Statement Produced by the Prosecutor—Other Witnesses for Defense Heard

After Solicitor Dorsey riddled E. F. Holloway, day watchman at the National Pencil factory, with volleys of questions regarding former statements made by the witness and which he could not explain or make coincide with his testimony Friday afternoon, court adjourned at 6:45 o’clock until 9 o’clock Saturday.

The solicitor also trapped the watchman and the witness for the defense. The solicitor also made the sensational implication that the bloody stick found by Pinkertons in the factory was planted by Holloway himself. The solicitor further implied that Holloway was working for a reward and had turned up Conley for that purpose.

After Holloway had declared that Daisy Hopkins’ character was good as far as he knew, the solicitor asked him about a paper he had signed previously stating the contrary. He admitted that he signed the paper. The solicitor asked the witness if he hadn’t told the detectives to return to the factory on a certain day and he was sure they would find something. The witness denied this.

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Schiff Refutes Jim Conley and Dalton

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Atlanta Journal
August 9th, 1913

WITNESS IN MOST OF DORSEY’S GRILLING WHEN COURT ADJOURNS UNTIL NINE O’CLOCK ON MONDAY

Assistant Factory Superintendent Refutes Testimony of C. B. Dalton and Jim Conley That Frank Frequently Had Women Callers In His Office on Saturday Afternoons and During Holidays—He Says He Never Saw Conley There Saturday Afternoons

DECLARES THAT WIFE OF THE ACCUSED FREQUENTLY CALLED ON HUSBAND AT HIS OFFICE ON SATURDAYS

Attorney Arnold Registers Another Objection Against Laughter of Spectators in the Court Room—Solicitor Draws From Schiff Change of Answers Made to Several Previous Statements of His While on the Witness Stand

The second week of the trial of Leo M. Frank, charged with the murder of Mary Phagan ended at 12:30 o’clock Saturday when court adjourned until 9 o’clock Monday morning. Herbert Schiff, assistant superintendent of the National Pencil factory was on the stand for the defense at the hour of adjournment and will resume under cross-examination by Solicitor Hugh M. Dorsey on Monday. During the cross-questioning of Schiff, he and the solicitor had many tilts regarding the system of the factory office and were frequently interrupted by objections from Attorney Arnold for the defense. The solicitor put Frank’s assistant through a grilling examination during the course of which he caused the witness to change several answers he had previously made to the jury.

That Jim Conley, the negro sweeper who accuses Frank, feared the crowd gathered in front of the pencil factory following the murder of Mary Phagan and that the negro declared that he would give a million dollars if he had a white skin, was the declaration of Schiff, earlier during his testimony. Schiff also declared that the financial sheet made out in Frank’s handwriting on April 26 was accurate and the handwriting of the accused superintendent was normal. Schiff works with Leo M. Frank in the office and assists in making up the weekly financial sheets.

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Exposure of Conley Story Time Flaws is Sought by Defense

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Atlanta Georgian
August 9th, 1913

Hammering away to show alleged glaring discrepancies in time in the story told by Jim Conley, the defense of Leo Frank Saturday morning recalled George Epps, the newsboy who testified to riding into town with Mary Phagan on the fatal day, in an attempt to show that the boy on the Sunday after the crime made no mention whatever of having seen Mary the day before in a talk with a newspaperman. Epps was called to the stand after C. B. Dalton had failed to respond to a call from the defense. Reuben Arnold questioned the boy.

Q. Do you recollect the Sunday the body was found?—A. Yes.

Q. Do you remember a gentleman, a Mr. Minar, coming to your house and talking to you and your sister?—A. Yes.

Q. Didn’t he ask you when was the last time either of you had seen Mary Phagan?—A. Yes, he asked my sister, he didn’t ask me.

Q. Weren’t you there?—A. No, I wasn’t there. I was in the house.

Q. Weren’t you standing by your sister and she said the last time Mary Phagan was seen by her was Thursday before the murder and you stood there and said nothing?—A. No, I didn’t hear that. I was in the house, but I didn’t hear all he said to her.

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State Attacks Frank Report

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Atlanta Georgian
August 9th, 1913

Intricacy of Figures Produced by Schiff Under Fire

WOMEN NEVER CAME INTO FACTORY OFFICE, WITNESS TESTIFIES

The second week of the Frank trial ended at 12:30 Saturday with a bitter battle in progress over the testimony of Herbert G. Schiff, assistant superintendent of the National Pencil Factory.

Schiff was called soon after court opened in the forenoon and was on the stand when the adjournment was taken until Monday.

Schiff, besides denying that Frank ever had women in his office, describes in elaborate detail the duties of superintendent, particularly his work on the afternoon the little Phagan girl came to her death. It was the purpose of the defense to show that it would have been most improbable that Frank, after committing a murder, calmly would have sat down with the burden of guilt resting on his conscience and proceeded with his usual preciseness in the intricate and involved computations required in making out the financial sheet.

Dorsey was given the witness toward the close of the session and started at once to attack Schiff’s estimates of time that it would have required for the various details of the work. Schiff made a good witness and the solicitor was able to make little headway in his cross-questioning.

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Confusion of Holloway Spoils Close of Good Day for the Defense

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Atlanta Georgian
August 9th, 1913

What promised to be a very favorable day for the defense in the trial of Leo M. Frank, charged with the murder of Mary Phagan, was partly spoiled at its close Friday by the bewilderment of E. F. Holloway, day watchman at the pencil factory, in a maze of conflicting statements.

Holloway’s confusion under the fire of the Solicitor General was more than offset by the importance of the testimony which had gone before, two of the witnesses giving testimony which was intended to establish that Mary Phagan did not enter the National Pencil Factory on the day of her death until after Monteen Stover had come and gone.

Besides giving the lie direct to Jim Conley’s tale, this testimony, if it stands as the truth in the minds of the jurors, upsets the State’s theory that Monteen Stover visited the office of Leo Frank while the superintendent was in the metal room with the Phagan girl.

Conley said on the stand that he saw Lemmie Quinn, then Mary Phagan and then Monteen Stover go up to the second floor. The Stover girl said that she entered the factory at 12:05 o’clock. It was 12:10 when she left, she testified. She looked at the time clock both times.

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Here’s the Time Clock Puzzle in Frank Trial; Can You Figure It Out?

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Atlanta Georgian
August 9th, 1913

THE RIDDLE OF THE CLOCK IN THE PHAGAN MYSTERY

Jim Conley swears Mary Phagan went up the stairs of the National Pencil factory and was murdered before Monteen Stover arrived. He says he saw Miss Stover go up and leave.

Monteen Stover, State’s witness, swears she arrived at 12:05.

George Epps, State’s witness, swears he and Mary Phagan arrived at Marietta and Forsyth streets at 12:07.

The car crew, defense’s witnesses, swear Mary arrived at Broad and Marietta at 12:071/2 and at Broad and Hunter at 12:10.

If Mary Phagan was at Marietta and Forsyth at12:07, as the State says, or at Broad and Hunter at 12:10, as the defense says, how could she have preceded Monteen Stover, as Jim Conley says, up the factory stairs, when Monteen Stover was in the factory at 12:05?

What’s the answer?

By JAMES B. NEVIN.

Tick-tock! Tick-tock!
Hark to the tale of the old hall clock!
Tick-tock! Tick-tock!
This is the tale of the clock!
—Old English Ballad.

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Absence of Alienists and the Hypothetical Question Distinguishes Frank Trial

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Atlanta Georgian
August 9th, 1913

By O. B. Keeler

There are two things about the Frank trial that entitle it to distinguished consideration.

Thus far not a single alienist has been called to bat, and only the common or domesticated type of the dread Hypothetical Question has appeared.

In most of our great murder trials, the alienist is the last resort, or one of the latest resorts. Usually he is introduced by the defense; anywhere from four to eight of him.

The prosecution promptly counters with an equal number of wheel inspectors.

The defense (Vide Thaw case) generally proves to its own satisfaction that the defendant was crazy when he did it, but since has recovered his equilibrium, his alibi and all the rest of his scattered personal effects.

The four to eight experts for the State differ slightly with this finding.

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Dalton’s Testimony False, Girl Named on Stand Says

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Atlanta Georgian
August 9th, 1913

The Georgian today received from Miss Laura Atkinson of No. 30 Ella Street, one of the young women mentioned in C. B. Dalton’s testimony, a letter denying absolutely that she had ever walked home with Dalton from the restaurant near the pencil factory, as he swore. Here is Miss Atkinson’s letter in full:

Editor The Georgian:

Will you please allow me space to correct a statement made by Mr. C. B. Dalton in his testimony at the Frank trail and published in your paper yesterday? In answer to a question from Mr. Rosser as to whether he ever went to the pencil factory with any one except Miss Daisy Hopkins he said yes, he used to go to the Busy Bee and wait for the factory to close to walk home with the girls and gave my name as one of the girls.

His statement as I read it in your paper, impressed me as being intended to convey to the minds of those heard it (and of course all who read it) the idea that I was working at the factory at the time he says he went there and that he was in the habit of waling home with me. I have no desire to make any derogatory remarks about Mr. Dalton, but in justice to myself and my good name, I certainly do feel it my duty to say that his statement concerning me is false and he had not the slightest ground whatever for making it and no right to use my name in any way in his testimony.

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Rosser Swears Bludgeon Was Not In Factory Day After the Murder

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Atlanta Constitution
August 8th, 1913

City Detective Bass Rosser, who worked on the Phagan mystery, followed Dalton on the stand Thursday morning to tell that Mrs. Arthur White, whose husband, father and brother work for the National Pencil company, had not told him of seeing a strange negro in the factory on the day of the crime, although he questioned her about her knowledge of what went on there that day, and she had also told her brother, Wade Campbell, of seeing the negro.

“Have you worked on this case?” asked Solicitor Hugh Dorsey.

“Yes, sir,” replied the detective.

“Did you visit Mrs. Arthur White?”
“Yes.”

“Did Mrs. White mention to you anything about having seen a negro in the factory?”
“She did the second time I talked with her.”

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Will Defense Put Character of Leo Frank Before Jury?

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Atlanta Constitution
August 8th, 1913

Will Leo Frank’s character be one of the issues in his trial for the murder of little Mary Phagan?

That is the question which has been the subject of speculation since it was first known that he would be tried for the murder, and as the case has progressed the subject has been discussed frequently.

Not one in a hundred defendants place their character in issue when on trial for murder, but a condition has arisen in the Frank case which may cause his attorneys to think it wise to take this step.

It came when James Conley, the negro who accuses Frank of the murder, testified to misconduct on the part of the defendant which would brand him as an outcast among men, and when C. B. Dalton, the white man, mentioned by the negro, testified to having visited the factory for immoral purposes with Frank’s knowledge and to have seen him drinking beer with women in his office.

Defense Lose Point.

The defense, after letting the testimony of the negro stand until they had cross-examined him upon it, moved to strike it from the record and only lost after a hot argument on both sides.

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Harris Sticks to Testimony As to Time of Girl’s Death

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Atlanta Constitution
August 8th, 1913

Dr. H.F. Harris, the state’s final witness against Leo M. Frank, was put on the stand for cross examination shortly after 10 o’clock Thursday morning, and through a series of questions Attorney Reuben Arnold, for the defense, sought to make him less definite in regard to the time of Mary Phagan’s death after eating the meal of cabbage and bread about 11:30 on the day she was killed.

Dr. Harris was asked a number of questions about digestion, and while he admitted it to be a subject that is not thoroughly understood by scientists, he clung to the main portion of his original testimony that the girl must have been killed within a hour after she ate her meal.

“Tell of some things that might retard indigestion, Dr. Harris,” Mr. Arnold started out.

“Well, it is hard to tell about that,” replied the physician, “there are some nervous troubles which have that effect and then certain things put into the stomach have that same effect. The subject is not too well known and it’s necessarily rather vague.”

“As a general proposition, any sort of physical or mental activity would retard digestion, wouldn’t it?”

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Dr. Frank Eskridge Aiding Prosecution

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Atlanta Constitution
August 8th, 1913

Dr. R. T. Dorsey Also Comes to Assistance of Solicitor in the Frank Case

Dr. Frank L. Eskridge, a well-known physician, is assisting Solicitor General Dorsey in the solicitor’s examination of expert chemists and medical men and in cross-examinations of experts presented by the defense.

Dr. Eskridge is widely versed in various branches of medicine, chemistry and surgery, and has proved an invaluable aid to the solicitor, especially in the examination of Dr. Roy Harris.

In the cross-examination of Dr. Leroy Childs, in the afternoon session Thursday, the solicitor was valuably assisted by his brother, Dr. R. T. Dorsey, a prominent figure in local medical circles. Dr. Dorsey’s assistance proved decisively effective in rebutting the expert’s testimony.

* * *

Atlanta Constitution, August 8th 1913, “Dr. Frank Eskridge Aiding Prosecution,” Leo Frank case newspaper article series (Original PDF)

Defense May Call for Character Witnesses Today

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Atlanta Constitution
August 8th, 1913

C. B. DALTON TELLS ABOUT VISITS HE PAID THE PENCIL FACTORY WITH MANY WOMEN

Declares He Used Basement for Immoral Purposes at Same Time That Frank Was in Building, But Did Not Attempt to Say What the Superintendent’s Relations With Women Were—Declares Conley Acted as Lookout for Him.

DR. LEROY W. CHILDS CALLED BY DEFENSE TO REFUTE DR. HARRIS

Harry Scott Is Also Put on Stand by Defense to Prove That Conley Lied on Many Occasions—Detective Was on the Stand When Court Adjourned for Day—Cross-Examination Fails to Shake Dr. Harris.

Shortly after Dr. H. F. Harris had completed his testimony for the state and was cross-examined in detail by Reuben Arnold, the state rested its case against Leo M. Frank.

Solicitor Dorsey had called for Frank’s bank book to show that he had in his possession approximately $200—the sum Jim Conley says he gave him and then took back—but the book was not produced, and the state rested. Later the solicitor may introduce other witnesses, but not until after the defense has closed.

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Scott Called by Defense To Refute Conley’s Story

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Atlanta Constitution
August 8th, 1913

SHOWS NEGRO LIED MANY TIMES

The defense sprang a surprise during the afternoon session whey they called Detective Harry Scott to the stand to testify to the third-degree under which Jim Conley had been placed at police headquarters and which process had exacted his three conflicting confessions.

Scott stated throughout his testimony that Conley had told conflicting stories on numerous occasions during his early imprisonment, and that had failed to tell the detectives much of the story which he related on the witness stand Tuesday and Wednesday.

Scott’s statement created a telling of fact and it is said to have caused the wavering of opinion of the negro’s story. According to the detective’s testimony Conley’s story from past records showed itself to be an unfathomably mess of fabrications.

The Pinkerton man was not removed from the stand until the adjournment of the afternoon session.

He was questioned by Luther Rosser.

“You had information on Monday following the murder that Mrs. Arthur White had seen a negro loitering on the first floor, didn’t you? Did you give it to the police?”

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Dr. Childs Differs with Harris As to Processes of Digestion

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Atlanta Constitution
August 8th, 1913

Following Dr. H. F. Harris, the final witness of the state, DR. L. W. Childs also an expert on matters pertaining to the various processes of digestion was placed on the stand by the defense to refute what Dr. Harris had said about the food in Mary Phagan’s stomach showing that she had been killed in about half an hour after she ate.

Dr. Childs took a decidedly opposite stand from that of his brother physician and declared that he would hazard no guess within two hours of the time that death occurred after eating and also after looking at the sample of cabbage taken from the girl’s stomach stated that he had seen cabbage look that way after it had remained in a person’s stomach for 12 hours.

After ascertaining for the benefit of the jury that Dr. Childs graduated in 1906 from the medical college of the University of Michigan and that his occupation was that of surgery and general medicine Mr. Arnold propounded a number of hypothetical questions.

“If a person dies and the body is found at 3 o’clock in the morning when rigor mortis has set in to a certain extent: said the attorney “and the body is then embalmed at 10 o’clock that day and later disinterred nine days after and a physician finds a wound in the back of head say about 2 inches long and cut through to the skull with perhaps a drop of blood on the skull but with no pressure on the brain and injury to the skull could that physician determine whether or not that a would had caused unconsciousness before death?”

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Defense Begins Introduction of Evidence

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Atlanta Journal
August 8th, 1913

Afternoon Session of Frank’s Trial Thursday Is Without Any Interesting Development

Pinkerton Detective Harry Scott Testifies That Conley Never Told Him New Features of Story—Dr. Leroy Childs Testifies in Effort to Break Dr. Harris’ Story

When court adjourned Thursday afternoon at 5:10 o’clock Detective Scott, called by the defense to impeach Jim Conley, had just concluded his examination by the solicitor. Scott had been put through a long series of questions by Attorney Rosser, the purpose of which was to show the discrepancies between what Conley told Scott and what he swore on the witness stand.

Harry Scott, of the Pinkertons, was called as the second witness for the defense of Leo M. Frank Thursday afternoon when Dr. Leroy Childs left the stand. Scott testified that he informed the detectives immediately upon learning that Mrs. White had seen a negro sitting on a box at the foot of the second floor stairs. The state has contended that this information was withheld from the city detectives until May 7 or 8, and that Scott learned it from Frank on April 28.

Dr. Childs while under the examination of Attorney Arnold characterized testimony similar to some of that given by Drs. Hurt and Harris as remarkable guess work. When the wound on Mary Phagan’s head was described to the physician by Attorney Arnold, Dr. Childs declared that it would be guess work to say that the wound would have caused unconsciousness; when the wound was described to him by Solicitor Dorsey he declared that it would not have caused death. He declared that the conditions upon which Dr. Harris based his opinion that violence had been done the girl, might have been caused by the examination made by Dr. Hurt prior to Dr. Harris’ examination and by the process of embalming.

At 2 o’clock the trial resumed, with Dr. L. W. Childs still on the stand under direct examination by Attorney Arnold.

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Dorsey Forces Childs to Admit Certain Portions of His Testimony Could Not Be Considered Expert

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Atlanta Constitution
August 8, 1913

Dr. LeRoy W. Childs who was the first witness placed on the stand by the defense underwent a rigorous cross examination by Solicitor Dorsey.

The solicitor showed a keen knowledge of medicine and chemistry in the volley of questions he fired at the medical expert, and, upon one occasion elicited the admission from the witness that he was not informed of a certain phase of laboratory work on which great stress had been laid by Dr. Roy Harris who preceded Dr. Childs to the stand.

In concluding his testimony Dr. Childs when asked by the solicitor who explained the condition in which Mary Phagan’s body had been discovered declared that it was his opinion death did not result from the blow upon the head.

Dr. Childs was on the stand at the opening of the afternoon session under direct examination of Attorney Arnold.

“State whether or not doctor a bruise upon an eye can be inflicted after death?”

“Such a bruise could be produced before the body is cold. Some bodies retain heat longer than others.”

“Can a blow on the back of the head cause a black eye?”

“Such a blow could blacken both eyes.”

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Defense Attacks State’s Case From Many Angles

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Atlanta Journal
August 8th, 1913

MOTORMAN AND CONDUCTOR SAY NEWSBOY EPPS WAS NOT ON CAR THAT BROUGHT MARY TO CITY

They Swear That She Left Car at Broad and Hunter Streets at 12:10, the Very Hour Monteen Stover Claims to Have Left Factory—Daisy Hopkins Swears She Never Visited Factory With Dalton and That She Did Not Know Frank

NEW THEORY OF HOW CRIME MIGHT HAVE BEEN COMMITTED INTIMATED BY ENGINEER’S TESTIMONY

Albert Kauffman Describes Passageway on First Floor Leading to Chute, Through Which He Declares Human Body Could Easily Have Passed—Spots, Said to Be Blood, Found in Passageway

A new theory of the Mary Phagan murder was hinted at by the defense at the trial of Leo M. Frank Friday while Albert Kauffman, a civil engineer, was under examination. From questions asked by Attorney Arnold, Mr. Kauffman testified that there was a chute in the rear of the National Pencil factory building leading from the first floor down into the basement and that the trap door to this chute was large enough to slide a human body through, in fact, he said it was large enough to slide several bodies through at the same moment.

He told of a dark and narrow hallway leading from the front of the building by the stairway back to the rear by the trap door. Many questions were asked concerning this hallway and chute and trial observers believe that the defense is preparing a way for introduction of other testimony possibly bearing out the theory that the child was murdered just as she went to leave the building, was dragged back along this dark hallway and dropped through the chute into the basement. Questions were asked the engineer about a vat in the metal room. He declared that it was plenty large enough to hold the body of a girl who measured five feet and three inches tall.

BLOOD IN DARK PASSAGEWAY?

It is known that the defense had found dark red spots, presumed to be blood, on a door leading to the dark passageway, which goes to the rear of the building and to the chute, to which so much attention was paid by the attorneys. The dark spots on the door have been chipped off and an analysis, the result of which is not known, has been made for the defense.

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Dalton Corroborates Statements Contained in Conley’s Testimony

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Atlanta Constitution
August 8th, 1913

C.B. Dalton a railroad carpenter who was heralded as one of the star witnesses for the defense was called to the stand by Solicitor Dorsey whe[n] court convened Thursday morning. The most startling statement uttered by Dalton from the stand was that he used the basement of the National Pencil company factory for clandestine meetings with girls and women.

Although not an employee of the factory and although his acquaintance with Frank was a [1 word illegible] Dalton testified that the factory superintendent knew of his visits to the basement with women. Dalton named three females with whom he went into the basement. He told Solicitor Dorsey that Jim Conley, the negro sweeper of the factory, allowed him to use the basement. He gave the negro a quarter to watch on one occasion.

Dalton admitted to Attorney Luther Rosser that he did not know his birthplace.

“Were you ever employed at the National Pencil factory?” asked Solicitor Dorsey after a perfunctory examination of the witness.

“No, sir,” Dalton replied.

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