Frank as Innocent as Angels Conley Told Her, Says Witness

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Atlanta Constitution
August 16th, 1913

Miss Julia Fuss, a girl about 16 years old, and an employee at the National Pencil factory took the stand to testify as to Frank’s character. She not only testified that she believed the defendant’s character to be good, but that she had heard Jim Conley declare that Mr. Frank was as innocent as the angels in heaven.

Mr. Arnold asked Miss Fuss whether she had ever been in Frank’s office when anything immoral took place.

She replied that she had not.

“Do you know Jim Conley?”
“Yes.”

“Did you talk with him after the murder?”
“Yes. On Tuesday and Wednesday.”

“What conversation took place between you and Jim Conley?”

Wanted to See Newspaper.

Jim asked me to let him see a newspaper which I had there. I asked him what he thought about the case but before he answered or saw the paper he was called by Mr. Darley or somebody. On the next day he came to me again and asked me let him see the paper. This time I asked him again, ‘Jim, what do you think about the case? Do you think Frank did it?’ He said Mr. Frank is as innocent as the angels in heaven.”

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Maid in Schiff Home Tells of Phone Message From Frank

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Atlanta Constitution
August 16th, 1913

Emma Hill, a maid in the Schiff home was called to tell of a telephone message for Herbert Schiff, made by Frank on the morning of the tragedy.

“Do you remember anybody trying to call Schiff on the 26th of April?”

“Yes, sir. Somebody who sounded like a boy, rang the phone and said tell Mr. Schiff that Mr. Frank wanted him at the office to do some work.”

“What time was it?”

“It was about 11 o’clock. I woke Mr. Schiff and he said tell whoever it was at the phone that he would be there when he got up. He went back to sleep.”

Cross-examination by Mr. Dorsey.

“How long have you been at the Schiff home?”

“Seven years.”

“Why do you remember this especial Saturday?”
“Because it was Memorial day—everybody knows Memorial day.”

“Who did you first tell about this phone conversation?”
“I don’t remember.”

“Who first saw you about it?”
“Nobody but the lawyer.”

“What lawyer?”
“Herbert Haas.”

“And you never mentioned a word of it to a soul before that?”
“No, sir.”

“What did Haas say to you?”
“Nothing. He just gave me the subpoena to court.”

* * *

Atlanta Constitution, August 16th 1913, “Maid in Schiff Home Tells of Phone Message From Frank,” Leo Frank case newspaper article series (Original PDF)

Traveling Salesman for Montag’s Tells of Conversation With Frank

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Atlanta Constitution
August 16th, 1913

Harry Gottheimer, a traveling salesman for the Montag firm and the pencil factory, took the stand to tell of an engagement he had made with Frank on the afternoon of the murder.

“Do you remember seeing Frank on April 26?” he was asked by Arnold.

“Yes, I saw him at Montag’s about 10 o’clock that morning.”

“Did you talk with him?”
“Yes, I was at the desk in the office and he came over to speak to me. I asked him of two important orders which had been forwarded and he said that if I would come at 2 o’clock that afternoon he would see about them.”

Mr. Hooper arose to voice an objection on the grounds that the statement was self-serving and that a similar statement made relative to words of Mary Phagan had been ruled out previously by the judge.

After an argument by Mr. Rosser and his colleague, however, Judge Roan ruled that the evidence was admissible and overruled the state.

“Did you go to see Frank?”
“Not that afternoon.”

Dorsey on cross-examination:

“When was it you recalled this talk with Frank?”
“Immediately upon hearing of the tragedy.”

“Did you tell him you would come over that afternoon?”

“No.”

* * *

Atlanta Constitution, August 16th 1913, “Traveling Salesman for Montag’s Tells of Conversation With Frank,” Leo Frank case newspaper article series (Original PDF)

Mother of Frank Takes Stand to Identify Letter Son Wrote

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Atlanta Constitution
August 16th, 1913

The more or less listless curiosity of the courtroom spectators was scarcely aroused during the afternoon until the last witness was called who was Mrs. Rae Frank of Brooklyn, N. Y. The mother of Leo M. Frank.

Not the slightest intimation had been given that Mrs. Frank would be called to the stand and a whisper of surprise spread over the room as the leaden-eyed mother, weary with the many days through which she has patiently sat and heard every conceivable blight cast at the name of her son slowly ascended the stand.

As she held up her hand to take the oath there was a glimmer of the hope in her eyes that now she might be able to say some word which might help or at least comfort her son.

Mr. Rosser questioned her.

“Are you the mother of Leo Frank?”
“Yes.”

“Where do you live?”
“In Brooklyn.”

“Where did you move from to Brooklyn?”
“New York city.”

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Miss Mary Perk Tells Jurymen She Believes Conley Is Guilty

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Atlanta Constitution
August 16th, 1913

Miss Mary Perk, a forelady in the polishing department of the pencil factory followed Mrs. Carson to the stand.

“Do you know Frank and his general character?” she was asked by Mr. Arnold.

“Yes, for five years.”

“Is it good or bad?”
“Good.”

“Do you know Jim Conley?”

“I saw him Monday. I accused him of the murder and he tucked his head and walked away.”

“Is his character good or bad?”
“Bad.”

Mr. Dorsey on cross-examination.

“You reported your suspicion of Conley to Frank on Monday, didn’t you?”
“No.”

“What made you suspect Jim?”
“He acted like he was guilty.”

“To whom did you first report your suspicion?”
“To Mr. Rosser and Mr. Arnold.”

“Can you explain why you didn’t tell of your suspicion to Frank when you saw he had Pinkerton detectives at work on the case?”
“I just didn’t think it best.”

“Have you ever known of Frank being accused immorality?”
“No.”

“Did you know Mary Phagan?”
“Yes.”

“Ever see Frank go over and call her off to one side?”
“No.”

“Ever see Frank scuffling with her?”
“No.”

“Ever hear of Frank slapping girls?”
“No.”

* * *

Atlanta Constitution, August 16th 1913, “Miss Mary Perk Tells Jurymen She Believes Conley Is Guilty,” Leo Frank case newspaper article series (Original PDF)

Never Saw Any Women in Office of Frank Says Negro Witness

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Atlanta Constitution
August 16th, 1913

Walter Pride, a negro employee in the National Pencil factory, who is named in Jim Conley’s story, was put on the stand in the middle of the afternoon.

“Where do you work on Saturdays?” he was asked by Arnold.

“I work every where anything is to be done on the machinery.”

“Have you missed a single Saturday since May?”
“No.”

“What floors do you work on on Saturdays?”
“From basement to the roof.”

“What do you do on the office floor?”
“Work on the toilets.”

“What time do you generally leave on Saturdays?”
“4:30 o’clock.”

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Leo Frank Innocent, Said Conley, According to a Girl Operator

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Atlanta Constitution
August 16th, 1913

Mrs. Dora Small, a machine operator for the pencil factory, was the last witness of the afternoon session.

“How long have you been working with the factory?” she was asked by Arnold.

“For five years.”

“Did you know Mary Phagan?”
“Only when I saw her.”

“Did you know Jim Conley?”
“Yes, I saw him the week after the murder.”

“Did you see him with newspapers?”
“Yes, he borrowed money from me to get them with.”

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Host of Witnesses Declare Frank’s Character to Be Good

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Atlanta Constitution
August 16th, 1913

The greater part of the time Friday was taken up by the defense in producing witnesses to swear to the good character of Frank. One witness placed on the stand, F. F. Gilbert, an employee of Montag Mros. [sic], swore that he did not know Frank well enough to testify to his character.

The witnesses who were used solely to attest his good character were: Dr. and Mrs. J. E. Sommerfield, of 300 Washington street; F. Schiff, of 18 West Fair street; Joseph Gershon, of 390 Washington street; P. D. McCarley, of 24 Hemphill avenue, in charge of the oil business of M. Frank, Leo Frank’s uncle; Mrs. M. W. Myers, of Washington street; Mrs. David Marx, wife of Rabbit Marx, of 354 Washington street; Mrs. R. I. Harris; Al Guinman, of 479 Washington street; M. S. Rice, who formerly boarded at the same place with Frank; Mrs. B. Giogowski, with whom Frank once boarded; Mr. and Mrs. L. H. Moss, Mrs. Joseph D. Brown; E. E. Fitzpatrick, of 105 Sinclair avenue, foreman of the shipping and receiving department of Montag Bros.; Emil Dittler, William Bauer, Miss Helen Loeb, J. C. Mathews, of 86 Sinclair avenue, employee of Montag Bros.; Al Fox, Mrs. Adolph Montag, who said Frank had been discussed by Mrs. Myers, his landlady, who had said how attentive to her wants he was to her when her husband was out of town, and F. F. Gilbert, an employee of Montag Bros., who swore he did not know Frank well enough to tell of his character.

Mrs. Martin May on Stand.

Mrs. Martin May, a petite and stylishly dressed brunette, followed. As she took the stand she bowed and smiled to Mr. and Mrs. Frank. She testified that the defendant’s character was good and was not cross-examined.

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Every Girl on Fourth Floor of Factory Will Go on Stand

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Atlanta Constitution
August 16th, 1913

Mrs. E. H. Carson, mother of Rebecca Carson, and a forewoman in the pencil factory, was put on the stand late in the afternoon.

“How long have you been employed by the pencil factory?”

“Three years.”

“Did you ever see blood spots around the dressing rooms?”

“Yes.”

“When did you see Jim Conely last?”

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Dorsey Questions Witness About Alleged Fund for Frank’s Defense

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Atlanta Constitution
August 16th, 1913

A. D. Greenfield, one of the owners of the building occupied by the National Pencil company, of which Frank is superintendent, followed the former office boy to the stand. He was questioned about the occupancy of the building by the Clark Woodenware company, and also about Frank’s character.

“How long have you been one of the owners of the building occupied by the National Pencil company?” Mr. Arnold asked.

“Since 1900.”

“Has any new flooring ever been put in on the second floor since you became part owner of the building?”
“No.”

“Do you know Leo Frank?”
“Yes.”

“How long have you known him?”
“For four or five years.”

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Aged Negro Drayman Called As a Witness Against Conley

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Atlanta Constitution
August 16th, 1913

Truman McCrary, an aged negro drayman, who once was an employee of the pencil factory, was put on the stand during the afternoon session.

“Where do you work at present?” Mr. Arnold asked.

“I run a street dray.”

“Where did you work up to May?”

“At the pencil factory.”

“Did you work there on Saturdays?”
“Every Saturday for a year or more.”

“How late in the afternoons?”
“Sometimes until 3 o’clock and sometimes as late as 5.”

“On any Saturday afternoon did you ever see the front door locked?”
“No, sir.”

“Ever see Conley around the front door?”
“No, sir.”

“What would Frank and Schiff be doing upstairs?”
“Working on their books.”

“Did you see Jim Conley around on April 26?”

“No, sir.”

“Then you didn’t advise him to go into the basement that afternoon?”
“No, sir.”

He was only asked a few words in cross-examination.

* * *

Atlanta Constitution, August 16th 1913, “Aged Negro Drayman Called as a Witness Against Conley,” Leo Frank case newspaper article series (Original PDF)

Both Wife and Phone, He Says, Are Expensive and Necessary

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Atlanta Constitution
August 16th, 1913

Ike Haas, well-known manufacturer, was put on the stand during Friday afternoon.

“How long have you been in Atlanta?”
“Four years.”

“What is your business?”

“I am a manufacturer.”

“Do you know Leo M. Frank and his general character?”

“Yes.”

“Is it good or bad?”

“Very good.”

“Did you hear your telephone bell ring on the morning of April 27?”

“No, but I heard my wife answering it.”

Hooper on cross-examination:

“Your wife woke you up?”
“Yes.”

“There is some little difference between a wife and a telephone, isn’t there, Mr. Haas?”
“Yes; but both are expensive and necessary.”

* * *

Atlanta Constitution, August 16th 1913, “Both Wife and Phone, He Says, are Expensive and Necessary,” Leo Frank case newspaper article series (Original PDF)

Credit Man is Put on Stand to Identify Frank’s Writing

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Atlanta Constitution
August 16th, 1913

M. O. Nix, credit man for Montag Bros., of whom Sig Montag is general manager of the National Pencil company, followed A. D. Greenfield to the stand.

He identified Leo Frank’s handwriting on a number of the financial sheets and on the one that he claims to have made up on April 26. When shown a sample of writing Frank did for the police when they desired to compare his writing with that on the murder notes, Nix said it looked like Frank’s, but he refused to swear to it.

“Previous to April 26 did you often see Leo Frank’s handwriting?” Mr. Arnold asked.

“Yes.”

“By what means?”
“By seeing the payroll slips and various notes he would write to the office.”

“Ever see one of the financial sheets he made out?”
“No.”

“How long have you been seeing his handwriting?”
“About four or five years.”

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Factory Employee’s Testimony Causes Laughter in Court Room

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Atlanta Constitution
August 16th, 1913

Joseph Stelker, an employee of the National Pencil company, followed the Montag’s credit man to the stand.

Stelker was questioned closely about conditions at the factory, and while he was on the stand both sides again took up the much-discussed question of whether or not Frank had a raincoat with him on the day of the murder. Stelker, in his testimony, made the spectators laugh when he told of how Jim Conley had swindled him out of a half a can of beer. He also remarked that he thought Jim was a better negro for having served in the city chaingang.

“Where were you on the day the little girl was killed?” asked Mr. Arnold on direct examination.

“I was at home.”

“Did you see the spots said to be blood and also the white stuff partly covering them?”
“Yes.”

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Mrs. Rae Frank Goes on Stand in Defense of Her Son

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Atlanta Constitution
August 16th, 1913

MOTHER IDENTIFIES LETTER FRANK HAD WRITTEN TO UNCLE ON MEMORIAL DAY

Testimony Used by Defense to Show That the Prisoner Could Not Have Written This Letter, Which Was of Considerable Length, Had He Been Laboring Under Stress of Excitement Which Would Have Followed the Murder of Mary Phagan.

PENCIL FACTORY GIRLS SWEAR CONLEY CALLED FRANK AN INNOCENT MAN

Witness After Witness Declare That They Never Saw Women in Office of Superintendent—The State Brings Girl Back From Home of Good Shepherd in Cincinnati to Give Evidence Against Prisoner—Her Testimony Is Kept a Secret.

The defense played one of its strong cards Friday, when, at the heel of the day’s session, Mrs. Rae Frank was placed on the stand to identify a letter which Leo M. Frank, on Memorial day, and which was read in her presence at the Hotel McAlpin, New York, Monday following the murder.

The letter was one of some length, and contained a price list which M. Frank had requested his nephew to send him.

The time element, which is playing an important part in the trial, was made more important by this letter. The defense will attempt to show that the letter could not have been written had Frank been guilty of the murder, or had he been laboring under stress of excitement.

Mrs. Frank was perfectly composed while on the stand and answered the questions of Luther Rosser in a clear, distinct voice.

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Pencil Factory Model is Damaged in Fight

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Atlanta Journal
August 16th, 1913

Lamar Rucker and Max Swain, Reporter, “Scrap” Adjoining Court Room

A fight between Lamar Rucker, an attorney from Athens, and Maxwell Swain, representative of the Atlanta Star, at the trial of Leo M. Frank, badly damaged the six-foot long model of the pencil factory introduced by the defense and scanned by numerous witnesses on the stand in illustrating their stories.

The model had been stored in the press room, adjoining court.

Mr. Rucker, who formerly lived in Atlanta, and Mr. Swain were total strangers to each other until the encounter introduced them.

Mr. Swain insisted that Mr. Rucker had attempted bowdaceously to cut off his, Swain’s mustache—which, incidentally, is a mustache among mustaches.

Mr. Rucker did not explain his side of the disagreement.

In their struggle, Mr. Rucker to cut the mustache, and Mr. Swain to compel a desistance, they sat down upon the model, whereupon a report started among the facetious newspaper men that Mr. Swain had attempted to chuck Mr. Rucker down the elevator shaft.

Other newspaper men interfered, and all policing duties had been performed when one of the deputy sheriffs attached to the trial poked his head in the door and grinned.

* * *

Atlanta Journal, August 16th 1913, “Pencil Factory Model is Damaged in Fight,” Leo Frank case newspaper article series (Original PDF)

Mrs. Rae Frank Takes Stand in Son’s Defense

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Atlanta Journal
August 16th, 1913

Identifies Letter Written By Frank to N. Y. Kinfolks On the Day of the Murder

By Asking Pencil Factory Forelady If She Saw Frank Talking to Mary Phagan, Solicitor Dorsey Indicates That He Has Witnesses Who May Furnish Further Sensational Testimony Along This Line

Mrs. Rae Frank, mother of Leo M. Frank, the accused factory superintendent took the stand Friday afternoon in defense of her boy and was on the stand when trial adjourns, at 5:45 o’clock until 9 o’clock Saturday. Mrs. Frank testified as to a letter which was written by her son on the day of the murder of Mary Phagan, addressed to M. Frank, the accused’s uncle, and received in New York several days later. The letter was admitted as evidence but was not read to the jury. Its contents told of the Memorial Day parade and of grand opera closing in Atlanta. A striking paragraph in the letter was the accused’s comment that nothing startling had happened in Atlanta since his uncle left.

Attorney Reuben R. Arnold, for the defense announced after court adjourned that the defense would put up about 100 more witnesses and that it would require at least two more days for it to conclude its evidence. This is taken to mean that the accused will not occupy the witness stand until possibly Wednesday.

By one question asked of Miss Mary Burton, forelady of the polishing room, Solicitor Dorsey Friday afternoon indicated that he had witnesses who would testify, if permitted, that Frank made advances to Mary Phagan, the murdered girl, two weeks before the crime. He asked the witness, “Did you ever hear that Frank got Mary Phagan in a corner two weeks prior to the murder and she was begging him to let her get away?” Miss Burton answered, “No.” If the solicitor has such witnesses he can put them on the stand and ask if they know the character of the accused and the witness can only answer as to whether it is good or bad, but if the defense asks the witnesses to give their reasons for their opinion and state a specific instance, then the alleged testimony against Frank’s character can get before the jury.

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Witness, Called by Defense, Testifies Against Frank

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Atlanta Journal
August 16th, 1913

MISS IRENE JACKSON DECLARES FRANK LOOKED INTO DRESSING ROOM ON SEVERAL OCCASIONS

Daughter of Policeman A. W. Jackson Testifies That Frank Opened the Door of Dressing Room and Looked in While Young Lady Was Dressing and That a Complaint Was Registered With a Forelady, Miss Cleland, About It

NEWSPAPER MAN TELLS OF JIM CONLEY’S PANTOMIME RE-ENACTMENT AT FACTORY

Solicitor Dorsey Attacks the Pinkertons, Charging That They Failed to Report Their “Finds” to Police—Many Young Women Employed at the Factory Testify to Frank’s Good Character—Court Adjourns Until Monday Morning

With Harllee Branch, a reporter for The Journal, on the witness stand where he had just described Conley’s pantomime re-enactment of his alleged part in the disposal of the body of Mary Phagan, witnessed by him as a newspaper man, the trial of Leo M. Frank was adjourned at 1:05 o’clock Saturday afternoon until Monday morning at 9 o’clock. Mr. Branch, summoned by the defense to testify in regard to an interview with Jim Conley at the tower, over the protest of Attorney Luther Z. Rosser, was permitted by the court to describe Conley’s pantomime re-enactment when requested to do so by the solicitor.

Just before court adjourned, Judge Roan addressed a few words to the jury, expressing regret that it was necessary to keep them away from their families another Sunday but stating that he sincerely hopes this would be the last Sunday that they would have to held together.

Unexpected testimony for the state was drawn from Miss Irene Jackson, daughter of Policeman A. W. Jackson, a former employe of the factory, who had been summoned as a defense witness. On cross-examination Solicitor Dorsey developed testimony to the effect that the girls in the factory were somewhat afraid of Frank, that on one occasion Frank had looked into the dressing room while Miss Emily Mayfield was partly dressed and that Miss Mayfield had complained to a forelady, Miss Cleland. She told of other occasions on which the superintendent is alleged to have pushed the door of the dressing room open while the girls were in there dressing. She admitted on cross-examination that the occurrence to which she testified occurred last summer, but that she had […]

when her father made her leave. She also admitted that there had been complaint of the girls flirting through the windows of the dressing room and that Frank had spoken to her forelady about it.

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Mother’s Love Gives Trial Its Great Scene

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Atlanta Georgian
August 16th, 1913

By L. F. WOODRUFF.

Every human emotion has been paraded during the long three weeks of the Frank trial.

There has been pathos. Comedy has opposed tragedy. Science has met sympathy. Truth has been arrayed against fiction. Negro has conflicted with white.

The erudite Arnold has matched wits with the thick-lipped, thick-skulled Conley. Luther Rosser, stern, determined and skillful, has had to try to meet the machinations of a brain of a cornfield negro, Newt Lee.

Hugh Dorsey, young and determined, Frank Hooper, smiling and ambitious, have breast to breast encountered the battles of Rosser and the rapier of Arnold.

There remained but one thing—the dramatic touch that sends the violins trembling a high crescendo and the hearts of the audience beating a long roll in double time.

It was furnished during the past week.

The Mother’s Part.

It was furnished by the person that a Belasco would have picked for the part. The touch was added by the person to whom the trial means more than a seat in high heaven—a woman whose son is on trial for his life.

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Many Testify to Frank’s Good Character

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Atlanta Georgian
August 16th, 1913

Nearly half a hundred witnesses testified in behalf of Leo M. Frank Friday. As a climax to the day’s proceedings in Judge Roan’s court the defendant’s mother, Mrs. Rae Frank, went on the stand to add her testimony to that which she hoped would save her son from the gallows.

Virtually all who were called were character witnesses. Near the close of the day Reuben Arnold announced that he proposed to call every woman and girl employed on the fourth floor of the pencil factory, as well as many from the other floors, to testify to Frank’s conduct about the factory and his attitude toward the girls in his employ.

He called three before the close of the day and explained to them in advance that he was going to ask them questions which he planned to direct at every girl employee called. He then asked them if they ever had had any part in the gay parties that the State has said took place in Frank’s office either during or after factory hours. He asked them if they ever had drunk beer in Frank’s office or ever were there for a questionable purpose. All of the witnesses denied knowing of or participating in any such parties.

Frank’s lawyer said that he would continue this line of questioning with all of the women he called from the factory. The testimony was obtained to discredit the stories of some of the State’s witnesses charging that Frank was in the habit of entertaining women in his office.

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