Trial is No Ordeal for Me, Says Frank’s Mother

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Atlanta Journal
July 30th, 1913

She Declares Her Confidence in Son’s Innocence Makes It Easy for Her

“My son never looked stronger than at this moment,” said Mrs. Ray Frank, of Brooklyn, Wednesday morning. “The trial isn’t telling upon him because he isn’t worrying. He is confident because of his innocence and because of his certainty of an acquittal.

“Neither his wife nor myself is anxious. Of course, we feel the heat and it is tiring to sit here in the court room throughout the day. But, like my son, we are not afraid. Why should we be? We know that he is innocent and we know that, because of this fact, he will be acquitted.

“I, his mother, know that he is free from all guilt of the charge upon which he is being tried, and that this trial can have only one result—his acquittal.

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No “Shirt-Sleeves” for Lawyers in Frank Case

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Atlanta Journal
July 30th, 1913

For the sake of expediting the Frank trial, attorneys in the case are not permitted the comfort of “shirt sleeves” in the court room which, maintained at temperature Tuesday of 95 degrees.

Newspaper reporters and spectators may hang their coats on their arms, roll up their sleeves, and at least feel that they have prepared themselves against the heat. But before the trial began, Judge Roan, in discussing the legal attire, said humorously:

“Lawyers must wear coats. If I let them go in shirt sleeves they’d feel so comfortable this trial might never end. Now, for reporters, it comes so natural for them to slip out of things that they’ll just naturally take off their coats.”

Gantt Still Wears “Two Little Devils” That Caused Arrest

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Atlanta Journal
July 30th, 1913

J. M. Gantt, one time suspect in the Phagan case, and now a witness, Wednesday sat on a bench in the room above the one where Leo Frank was on trial for his life and said unpleasant things about his shoes.

“There they are,” he declared in a peevish tone. “The two little devils that got me into this case and have cost me a hundred dollars in attorney’s fees and more worry and care than anything I ever had before.”

The objects of his wrath were simply two unoffending black boots with a stout pair of soles and shiny calf tops.

They wer[e] the shoes for which Gantt called at the pencil factory on the afternoon of the murder, a call which resulted in his arrest later and his apprehension as a witness. That was three months ago, but Gantt still wears the shoes. One would think he would throw the “little devils” away, but he doesn’t.

“You see, they’re good shoes,” says Gantt.

Trial Thus Far Has Only Established Murder of the Girl

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Atlanta Journal
July 30th, 1913

Tuesday Afternoon’s Session Hears of Beginning of Police Investigation Into Mystery of Mary Phagan’s Murder

Following in the sequence which it began with the introduction of the first witness, the prosecution of the murder charge against Leo M. Frank progressed Tuesday afternoon to the point at which the city detectives began their investigation of t[h]e murder mystery.

Beginning with Mrs. J. W. Coleman, mother of Mary Phagan, who saw her leave home about noon of April 26, the state established in succession her arrival at the corner of Marietta and Forsyth streets, and departure thence for the factory two blocks away—this by the newsboy, George Eppes; the ing of her dead body fifteen hours hour, in the pencil factory basement—this by the night watchman, Newt Lee; the arrival of the police and their official survey of the surroundings—this by Sergeant L. S. Dobbs; the beginning of the detectives’ investigation and the arrival of Leo M. Frank in physical person upon the scene—this by Detective J. N. Starnes, who appears formally as the prosecutor of the charge against Frank.

Thus, therefore, the state has established the very necessary foundation of fact that Mary Phagan was murdered in the pencil factory.

The session Tuesday afternoon was punctuated by objections by the state or the defense to questions put by the opposing side to witnesses on the stand, and by arguments between state and defense over these points.

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Defense to Claim Strands of Hair Found Were Not Mary Phagan’s

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Atlanta Journal
July 30th, 1913

GRACE HIX TESTIFIES THAT GIRLS FREQUENTLY COMBED THEIR HAIR OVER MACHINES

Miss Hix Also Testifies That Magnolia Kennedy, Who Worked Near Mary Phagan, Had Hair of the Same Color and Shade—Important Admissions Lay Foundation for Defense’s Claim That Murder Was Not Committed in Metal Room

STATE ENDEAVORS TO SHOW THAT FRANK VERY NERVOUS AND DID NOT LOOK ON FACE OF MURDERED GIRL

Attorney Rosser Directs His Questions to Combat Claim of Nervousness—Witness Declares She Never Saw Any Red Paint in the Metal Room—State Claims New Evidence Will Soon Be Given—Trial Will Run Into Second Week

Four distinct features marked the trial of Leo M. Frank Wednesday. One was an admission from Miss Grace Hix that the girls frequently combed their hair over the machines in the metal room of the factory; another was a strenuous effort on the part of the state to prove that Frank was very nervous on the morning of the discovery of little Mary Phagan’s body; still another feature was the attempt of the state to show that Frank was reluctant to look upon the dead girl’s face in the undertaking parlors, and the fourth was the state’s effort to prove that red paint never had been seen on the floor of the metal room where the state alleges bloody spots were found.

Around each of these points stiff legal tilts occurred. In developing from Miss Hix’s testimony the fact that the girl’s combed their hair in the metal room, Attorney Rosser laid the foundation for a refutation of the theory that Mary Phagan was murdered there.

The state is expected to introduce as evidence several strands of hair found on the handle of a turning lathe in the metal room, presumed to be those of Mary Phagan. Attorney Rosser drew from the Hix girl the admission that Miss Magnolia Kenneday, one of the metal room employees who worked very close to Mary Phagan’s machine, had hair almost the same shade as that of the murdered girl.

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Frank Jurors Idle Away Long Hours With Song

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Atlanta Journal
July 30th, 1913

They Sing Ballads and Tell Irish Tales During the “Recess” Hours

Jurors in the Frank trial have organized a singing club. Their purpose is not to give diversity to the trial with a note of song, but to while away the time between sessions of court.

When Judge L. S. Roan gives word that the trial has proce[e]ded far enough for the day, jurors are taken for a brief, brisk walk, and then to their residence for the nonce, which consists in three rooms thrown together at the Kimball house.

There the twelve take up their quarters for the night, and remain until the beginning of the court session upon the next day. Twelve cots have been placed in the three connecting rooms, and there the twelve jurors sleep. Until the trial is ended they will have no opportunity of seeing home folks, but they are permitted to send messages through deputy sheriffs.

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All Newt Wants Now is Freedom and a Hat

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Atlanta Journal
July 30th, 1913

Now that Newt Lee has more ‘bacca, as he says, “than Mr. Rosser axed him questions,” he needs but a hat to complete his physical comfort, but freedom to set his mind at rest.

Newt’s only hat is a fur cap, which Newt thinks might have made a “ver’ putty Christmas gift when ’twas new, but don’t do much fer July.”

“You see, boss,” he explains, “a straw hat jes’ naturally looks cool, makes yer feel like you had money in your pocket. But there ain’t no use fer a cap and it furry in July.

“Man promised to bring me a hat, but I guess his memory’s bad. Leastways I ain’t seen anything of the hat. But I certainly is proud of de ‘bacca.”

Since Newt told Tuesday how one chew brought him solace after his cross-examination by Mr. Rosser; and how, when he was on the witness stand his thoughts were of ‘bacca, he has been given all sorts and kinds.

He says when he gets out he may take a day off to catch up on “chewing,” and that he would like a nice hat to wear then.

Defense Plans Sensation, Line of Queries Indicates

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Atlanta Georgian
July 30th, 1913

That a sensation is be sprung by the defense by the production of the mysteriously missing ribbon and flowers from the hat of the murdered girl was repeatedly indicated by Attorney Rosser’s line of questioning Tuesday and the afternoon before.

Beginning with Mrs. J. W. Coleman, mother of Mary Phagan, the attorney for Frank interrogated every witness who saw the girl alive or dead that day in regard to the ribbon and flowers.

Mrs. Coleman said that the ribbon and flowers were on the hat when Mary left home. Newt Lee said that he had seen no sign of the missing trimmings. The testimony of Sergeant L. S. Dobbs was the same. Detective Starnes, when he was turned over the cross-examination, made the same admission.

It is believed that Rosser will produce the ribbon and will attempt to establish that it was found in a place throwing suspicion upon the negro Conley.

Frank was brought to the courthouse at about 8 o’clock Wednesday morning. There was no change in his demeanor or physical appearance. If the trial has been any strain upon him he does not display the effects. He was dressed in the dark mohair suit he wore Tuesday. He greeted his friends cheerily and spoke confidently of acquittal.

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Frank’s Mother Pitiful Figure of the Trial

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Atlanta Georgian
July 30th, 1913

Defendant Perfect in Poise, His Wife Picture of Contemptuous Confidence.

By L. F. WOODRUFF.

Arm akimbo; glasses firmly set, changing position seldom, Leo M. Frank sits through his trial with his thoughts in Kamchatka, Terra del Fuego, or the Antipodes, so far as the spectators in the courtroom can judge.

He may realize that if the twelve men he faces decide that he is guilty of the murder of Mary Phagan, the decree of earthly court will be that his sole hope of the future will be an appeal to the Court on High. His mind may constantly carry the impression of the likelihood of the solemn reading of the death warrant, the awful march to the death chamber, the sight of the all terrifying gibbet, the dreadful ascension of its steel stairs, the few words of religious consolation—and then the drop.

Frank’s Face a Mask.

But if he does realize these things, his face is as completely masked against emotion as that of a skilled poker player.

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Flashes of Tragedy Pierce Legal Tilts at Frank Trial

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Atlanta Georgian
July 30th, 1913

By O. B. KEELER.

The trouble is, plain human emotions won’t stick at concert pitch all the time.

And so the Frank trial, after the first twenty minutes, say, becomes much like any other trial.

Except in the flashes.

You get into the courtroom with some formality. At once you are in the midst of order. It is rather ponderous, made-to-order order. But it is order.

Officials stalk about, walking on the balls of their feet, like pussy cats. But they do not purr. They request you to be seated. You must not stand up; you must sit down. Unfortunately, you must stand up to walk to a place to sit down. And that grieves the officials. They mop their faces. One in particular uses an entirely red bandana handkerchief—sometimes for for his face, sometimes to flag standing spectators, who must sit down.

There is order.

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Rosser’s Examination of Lee Just a Shot in Dark; Hoped to Start Quarry

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Atlanta Georgian
July 30th, 1913

By JAMES B. NEVIN.

If Mr. Luther Z. Rosser’s bite is one-half so dangerous as his growl undoubtedly is disconcerting and awe-inspiring, there will be little save shreds and patches of the prosecution left when the State comes eventually to sum up its case against Leo Frank.

Rosser’s examination of Newt Lee was one of the most nerve racking and interesting I ever listened to.

It reminded me much of a big mastiff worrying and teasing a huge brown rat, and grimly bent eventually upon the rat’s utter annihilation.

A witness up against one of Rosser’s might bombardments is in a decidedly uncomfortable predicament—no doubt about that!

True, Lee snapped back at Rosser and growled angrily every little bit, and strove this way and that to get away from the insistent prod of the tremendously menacing mass of humanity forever in front of him, worrying, teasing, sneering, and threatening, but he could not.

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Gantt Has Startling Evidence; Dorsey Promises New Testimony Against Frank

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Atlanta Georgian
July 30th, 1913

STATE ADDS NEW LINK TO EVIDENCE CHAIN BY BOOTS ROGERS’ STORY

Sensational testimony by J. M. Gantt, discharged pencil factory employee, was promised Wednesday by Solicitor Dorsey and Frank A. Hooper, who is assisting him. They admitted that Gantt had testimony that had never before been published and would be one of the State’s most material and direct witnesses.

The defense has heard that Gantt will testify he saw Frank and Conley together on the day of the crime. Gantt was expected to follow Grace Hicks on the stand.

The State added another link in the chain of circumstantial evidence it is seeking to forge about Leo M. Frank by calling W. W. (Boots) Rogers to the stand Wednesday.

Rogers is the former county officer in whose automobile the policemen went to the National Pencil Factory Sunday morning after Newt Lee, factory nightwatchman, had called up the police station.

Rogers was on the stand two hours, but in this time he failed to give any material evidence that had not already been presented to the Coroner’s Jury.

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Will Leo Frank’s Lawyers Put Any Evidence Before the Jury?

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Atlanta Constitution
July 29th, 1913

Will Frank’s lawyers put any evidence before the court?

That is a question that was much discussed on the opening day by a score or more of lawyers who secured seats in the courtroom in order to hear the trial and to watch the way in which the skilled attorneys on both sides handled the case.

The fact that so many witnesses have been summoned by the defense does not mean to the legal mind that Attorneys Rosser and Arnold will put up any evidence any more than the summoning of scores of the accused man’s personal friends means that Frank’s lawyers will put his character in evidence.

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Unusual Interest Centers In Mrs. Frank’s Appearance

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Atlanta Constitution
July 29th, 1913

Up to the hour of the trial, Mrs. Leo M. Frank, wife of the young man now on trial for his life, charged with the murder of Mary Phagan, had kept in the background of the case. Daily she visited her husband at the jail, and brought him delicacies. She came quietly, and when she departed she created no stir of excitement among the hangers-on around the jail. She was accorded the most chivalrous treatment, and her desire to avoid notoriety was respected. Only once did an expression from her appear in the public prints, and then only because she felt her husband had not been fairly dealt with, and her wifey feelings compelled her to express her opinion of certain phases of the case.

Object of Great Interest.

For this reason there was a great deal of curiosity as to whether she would be present at the trial, and when she did make her appearance she was the object of an interest second only to that felt in her husband, by whose side she sat during the entire day. This interest, however, was not obtrusive or offensive. It was at all times respectful—a very natural interest which could not be repressed.

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Reporter Witnesses are Allowed in Court

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Atlanta Constitution
July 29th, 1913

Men Who May Be Called to Stand Report Trial by Attorney’s Agreement.

Just as the state was about to open formally its case against Leo M. Frank, Attorney Reuben R. Arnold interrupted by declaring to the court that he expected to have to call on a number of newspaper men to testify as the case went on.

“They know a great deal about this case, and we have complete files of the papers here and will be able to tell to a certain extent from them whom we will want,” he said.

“I may want to use some of them, too,” said Solicitor Hugh Dorsey.

“Well, your honor, I’m willing to waive the right to put these gentlemen under the rule, if the state is willing to do so,” continued Mr. Arnold.

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96 Men are Called Before Getting Jury

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Atlanta Constitution
July 29th, 1913

Attorneys for Both Sides Had Good Line on All Men Examined.

According to an unofficial account kept as the matter of striking the Frank jury was carried out, ninety-six men were called into the box and examined before the twelve men to try the case were finally selected. These men were divided into eight panels of twelve each, and came in a panel at a time.

Every bit of information that could be got together in advance about the men whose names were on the venire list of 144 men drawn last week, had been secured by lawyers on both sides, who also had outside aid in selecting the men.

A crowd of men who will take no other part in the legal fight surrounded the lawyers’ tables and gave suggestions as the various names were called. Among them were Oscar Simmons, of counsel for the Georgia Railway and Power company, which has practically the best and most complete list of the 6,000 men whose names are in the Fulton county jury list. Mr. Simmons aided the defense.

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Numerous Witnesses Called in Frank Case

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Atlanta Constitution
July 29th, 1913

List Indicates That Prisoner Is Prepared to Put Character in Evidence.

Numbers of witnesses were summoned to court by both sides and when the names were called so that all could be sworn it developed that scores of Leo Frank’s friends had been called upon. From the fact that there is not a possibility of one in this number knowing anything of the crime, it appears that the defense has made preparation, at least, to put Frank’s character in evidence and has secured these of his friends to testify for him.

Of the number of Frank’s close friends and brothers in his fraternal order it is expected that several will be used to support the claim which it is expected will be made that a card party was going on at his house on the night of April 26. By this means an alibi for a number of hours might be proved.

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Mincey, on Arrival Reaffirms Affidavit

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Atlanta Constitution
July 29th, 1913

W. H. Mincey, who made the famous affidavit in which he declared that Jim Conley had told him on April 26 that he had killed a girl, arrived late last night for the Frank trial.

In a statement made to The Constitution, Mr. Mincey reaffirmed his affidavit in its entirety and declared that he would tell this story on the witness stand. He was accompanied by Colonel Ben E. Neal, of Ringgold, Ga., a lawyer who has known him for years and who states that he will testify as to Mincey’s [rest of article cut off].

Burglars Try to Enter Home of Frank Juror

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Atlanta Constitution
July 29th, 1913

But F. V. L. Smith’s Wife Calls Police and Intruders Flee.

Two big, burly, black negroes who evidently had taken a decided interest in the Frand [sic] murder trial, and knew that F. V. L. Smith, of 481 Cherokee avenue, had been chosen for the jury yesterday and would not be home last night, attempted to enter his home.

No one was there but Mrs. Smith and her little 4-weeks’ old child. Seeing the negroes on the porch, she made a step toward them, and they fled. Within a few minutes they returned, and instead of fainting as most women would have done, she coolly walked to the phone and called the police station.

Call Officer Shumate answered the ring, and with his partner, Officer Cochran, the two made the trip to record-breaking time, getting out there in four minutes by the clock, but the burglars were gone.

Trial of Leo M. Frank on Charge of Murder Begins; Mrs. Coleman, George Epps and Newt Lee on Stand

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Atlanta Constitution
July 29th, 1913

WATCHMAN TELLS OF FINDING BODY OF MARY PHAGAN

Trial Adjourns for the Day While Lee Is on the Stand, and His Cross-Questioning Will Be Resumed Today.

MOTHER AND THE WIFE OF PRISONER CHEER HIM BY PRESENCE AT TRIAL

Jury Is Quickly Secured and Mrs. Coleman, Mother of the Murdered Girl, Is First Witness to Take Stand.

With a swiftness which was gratifying to counsel for the defense, the solicitor general and a large crowd of interested spectators, the trial of Leo M. Frank, charged with the murder of Mary Phagan on April 26, in the building of the National Pencil factory, was gotten under way Monday.

When the hour of adjournment for the day had arrived, the jury had been selected and three witnesses had been examined. Newt Lee, the nightwatchman who discovered the dead body of Mary Phagan in the basement of the National Pencil factory, and who gave the first news of the crime to the police, was still on the stand, undergoing rigid cross-examination by Luther Z. Rosser, attorney for Frank.

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