Defense Has Best Day Since Trial of Frank Began

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 12th, 1913

AS WILD GUESSES PHYSICIANS TERM TESTIMONY GIVEN BY DR. ROY HARRIS

Assert It Is Impossible to Tell Accurately Just How Long It Takes for the Digestion of Cabbage—One Doctor Tells of Experiments He Had Made on Several Patients to Settle This Point. Doubt Value of Testimony About Violence.

OLD ROW OF DOCTORS BOBS UP IN TESTIMONY OF DR. WESTMORELAND

Declares That He Accused Dr. Harris of Scientific Dishonesty and Then Resigned From Board When It Refused to Discharge the Secretary—Joel Hunter Goes on Stand to Testify as to the Amount of Time Necessary on Frank’s Books.

When Monday’s session of the Leo M. Frank trial came to an end, it was generally conceded that it had been the best day the defense has thus far had.

True, there were no sensational developments and there was nothing particularly startling in the testimony. It was merely the drip, drip of the water on the stone which eventually wears it away—the stone in this case being the story told by Jim Conley and the statement made by Dr. H. F. Harris that Mary Phagan must have met her death within three-quarters of an hour after she had eaten her breakfast of cabbage and bread.

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Jurors Have a Great Time Playing Jokes on Deputies

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 11th, 1913

Coats off and collars and ties flung carelessly on bedposts and convenient chairs the twelve jurors in the Frank case and Deputies Foster Hunter and Bob Deavours, in charge of them, were taking a comfortable afternoon rest Sunday when suddenly a woman’s voice in a plaintive key called loudly from the street, “Oh, Bob, Bob Deavours!” The deputy leaped to his feet. He was certain he had heard his wife’s voice, and though the suite of rooms in the Kimball house where the jury is quartered three floors above the street, the voice came from a window.

The deputy rushed to the window and looked in vain. As he turned back to the room the gruff voice of a man repeated the call from the hall door, he rushed over there and flung the door open, only to hear the first voice call him from the other room.

By that time Deavours was thoroughly alarmed and several of the jurymen had leaped to their feet from the beds and cots on which they had been dreamily listening to F. E. Winburn toying with the piano keys.

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Murder Evidence May Be Concluded by Next Saturday

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 11th, 1913

Trial May Have Reached the Point By End of This Week Where Lawyers Will Begin Their Argument.

FIERCE ATTACK COMING ON HARRIS TESTIMONY

The Defense Will Also Make Every Attempt to Break Down Story Told by Jim Conley, Negro Sweeper.

The main points which the defense in the case of the state against Leo Frank, charged with the murder of Mary Phagan, will place before the jury in rebuttal of the prosecution will be given this week and by Saturday it is expected that the trial will have reached the point where the lawyers will begin their arguments.

What the defense has in view, Attorneys Luther Rosser and Reuben Arnold are naturally silent about, and whether or not they have something hitherto unknown that they will spring suddenly upon the state remains to be seen as the trial progresses.

At present there are three things that it is practically agreed that the defense will attempt during the next few days.

Attack on Dr. Harris.

The testimony of Dr. H. F. Harris, who placed the time of the girl’s death by the condition of the contents of her stomach, the damaging story of Jim Conley, whose testimony is the only direct evidence against the defendant, and the vital issue of the time of murder, will certainly receive the fiercest attack of any other phases of the state’s case.

There are many other features of the state’s case that will be fought and there are many points for the defense which are expected to be placed before the jury between Monday and Saturday, but it is known that the defense has made extensive preparations to break down the three points above named.

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Reporter Makes Denial of Charge That Reports Have Been Flavored

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 10th, 1913

J. M. Minar, a reporter, was put on the stand by the defense after the Epps boy left. By him the defense sought to prove that the boy had talked of Mary Phagan and had not mentioned seeing her on the car.

Before he had finished cross-examining him Attorney F. A. Hooper sought to create the impression on the jury that The Georgian, for which Minar works, had instructed him to discover as much news favorable for Leo Frank as possible, and Mr. Arnold entered an objection at once.

“Did you go to the Epps’ home on Sunday afternoon, the day the dead girl’s body was found?” was Mr. Arnold’s opening question.

“Yes,” replied Minar.

“Did you see George Epps and his sister?”
“Yes.”

“Did you ask them together?”
“Yes.”
“Please state what, if anything, they answered.”

“The sister said she had last seen Mary Phagan on Thursday and the boy told he frequently rode to town with her in the mornings,” replied the witness.

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Is Defense Planning Telling Blow At Testimony Given by Jim Conley?

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 10th, 1913

Will the defense strive to show by witnesses that the pencil factory elevator was not run on April 26 as told by Jim Conley in his remarkable story?

Since a question put to General Manager Darley by Luther Rosser when Darley was placed on the tand Friday, much speculation has been created in this regard.

Although attorneys for the defense will not discuss the subject, it is the prevalent belief that an effort will be made to show by mechanicians that the elevator was not in operation at any time during that fateful afternoon.

Darley was being questioned about workmen on the third floor who, as was a Saturday afternoon custom, were oiling and repairing the machinery while it was idle during a holiday. He asked if these same workmen did not oil and clean the motor which propels the elevator.

Before the question was answered it apparently was withdrawn as though in an effort to conceal its real purpose and not show an important card in the hand of the defense.

It is rumored that a mechanic, who gave much of his time to oiling and cleaning the elevator motor about the time Conley says he and Frank were lowering Mary Phagan’s body into the basement, is ready to testify that the motor was not in operation at this time or during any time of the afternoon.

If this evidence is produced, as rumored, it will be one of the most significant and telling points submitted by the defense thus far. It will come as near breaking the testimony of the negro Conley as any contradictory evidence yet presented.

* * *

Atlanta Constitution, August 10th 1913, “Is Defense Planning Telling Blow At Testimony Given by Jim Conley?” Leo Frank case newspaper article series (Original PDF)

Startling Testimony of Conley Feature of Trial’s Second Week

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 10th, 1913

IMPORTANT WITNESSES HEARD

The resting by the state of the its case against Leo M. Frank, charged with the murder of Mary Phagan, came on Thursday and the defense is at present setting forth its evidence in rebuttal.

Since last Sunday much that is regarded as important has been introduced by both sides and a number of bitter fights have been waged over evidence.

James Conley, the negro sweeper, who makes accusations that Frank told he had struck the girl too hard, and who also told of Frank’s having women in his office for immoral purposes and also swore to alleged habits of degeneracy on the part of the superintendent, was put on the stand Monday, and it was not until during the middle of the day Wednesday that the negro was excused. He had been on the stand something like fifteen hours and had established a record for Georgia courts.

Of the time he was on the stand, he was subjected to about thirteen hours of gruelling cross-examination by Attorney Luther Z. Rosser, but despite every attack, stuck to the principal part of his charges, although he admitted he had previously lied on many occasions.

On Wednesday, also, the court refused finally to strike from the records the negro’s testimony in regard to Frank’s alleged habits and also in regard to his previous actions with women before the Saturday of the murder.

Mrs. J. W. Coleman, mother of the murdered girl, was also recalled to the stand and told of having cooked cabbage for Dr. H. F. Harris to experiment upon. At her departure the physician was again put on the stand and he continued his statement, in which he declared that the girl met death within about 45 minutes after eating the cabbage and bread she is said to have had about 11:30 o’clock Saturday of the murder.

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Frank A. Hooper Is Proving Big Aid to Solicitor Dorsey

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 10th, 1913

ROSSER CALLS HIM BEAU BRUMMEL OF BAR

By Britt Craig.

He has a kind and genial face that makes you feel he is the friend of everybody in the world, but in the midst of a big trial he might be compared with a Gatling gun, except for the fact that there doubtless are witnesses who would prefer facing the Gatling.

There is a liberal sprinkling of gray in his hair, and Luther Rosser has often truthfully, although sarcastically, referred to him as the Beau Brummel of the bar.

You would never suspect that he was a lawyer. Your first impression would be that he was an author, an actor or lecturer.

That he would work as untiringly and persistently to hang a man as Culumbus worked to find America, would never enter your mind, and you would dispute the word of your most verarious friend on the subject.

Dorsey Secures Hooper.

When Solicitor Hugh Dorsey faced the task of prosecuting Leo M. Frank he set about to find a colleague worthy of the undertaking. He selected Frank Hooper, a well-known corporation attorney.

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Introduction by Defense of Host Of Character Witnesses Probable

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 10th, 1913

The introduction of character testimony in behalf of Leo Frank at present seems very probable. It is not thought, however, that witnesses of this nature will be put on the stand until the middle of the week.

Attorneys for the defense, as in the past, who have withhold their plans until the exact moment of performance, have refused to discuss whether or not character witnesses will be called. It is the general impression, however, that a wealth of this evidence will be presented—more, in fact, than has been produced in any trial in the state.

At the opening of the case the roll of witnesses named by the defense included some of the city’s foremost business figures, who, it was freely stated, had been called only in defense of the accused man’s character.

The solicitor has never intimated whether or not he has evidence to produce in rebuttal of character testimony in case it is presented. Such evidence, however, can never be produced by the prosecution unless the issue is opened by the defense.

* * *

Atlanta Constitution, August 10th 1913, “Introduction by Defense of Host of Character Witnesses Probable,” Leo Frank case newspaper article series (Original PDF)

Epps Boy Denies Trying to Avoid Being Called to the Stand Again

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 10th, 1913

C. B. Dalton, who was used by the state to corroborate some of Jim Conley’s testimony against Leo Frank, was the first witness called by the defense Saturday morning. He did not respond and George Epps, the newsboy who claims to have ridden to town with Mary Phagan the day she met death, was next called.

The lad, who could not be found Friday, was present and took the stand. State and defense clashed over the lad as Solicitor Hugh Dorsey stated that Attorney Reuben Arnold had tried to give the impression Friday that he had fled from the court and could not be got to testify for the defense.

“Do you remember the Sunday on which Mary Phagan’s body was found?” Mr. Arnold asked the lad.

“Yes, sir.”

“Did Mr. J. M. Minar, a reporter, come to your house that afternoon?”
“Yes, sir.”

“Did he ask you and your sister when was the last time either of you had seen Mary Phagan?”
“I heard that he asked sister: he didn’t ask me.”
“Didn’t your sister say she hadn’t seen her since the previous Thursday and didn’t you stand there and say the same thing?”
“No, sir; I’d gone to get a wrap for her.”
Mr. Dorsey then took the witness.

“George, did you try to hide from this court?”
“No, sir.”
“You weren’t here yesterday, were you?”
“No, sir; I wasn’t here; I got tired of hanging around here and you told me I could go home and you’d send for me when I was wanted, and yesterday when they came for me I was out playin’ ball.”

“Didn’t you call me up last night and ask if you were wanted?”
“Yes, sir.”

At this point Mr. Arnold objected, saying that these remarks had nothing to do with the case.

“Well, your honr, Mr. Arnold tried to give the impression yesterday that this witness was hiding out rather than testify when the defense wanted him,” said Mr. Dorsey, “and I wanted to show that this was not the case.”

* * *

Atlanta Constitution, August 10th 1913, “Epps Boy Denies Trying to Avoid Being Called to the Stand Again,” Leo Frank case newspaper article series (Original PDF)

Defense Will Renew Attack Upon Dr. Harris’ Testimony

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 10th, 1913

That the defense in the trial of Leo M. Frank, charged with the murder of Mary Phagan, will continue its attack upon the testimony of Dr. H. F. Harris, who made a postmortem examination of the body and declared the girl must have died at about 12:10 in the afternoon, was the information secured Saturday.

Dr. Willie Westmoreland, Dr. J. N. Ellis and Dr. T. H. Hancok are expected to be the physicians placed upon the stand to refute this declaration made by Dr. Harris. The defense has already made an attack upon the state’s claim that Mary Phagan was already dead at 12:10 o’clock when Monteen Stover says she entered Frank’s office and did not find him there and through the statements of two street car men they sought to show that the girl never left the street car until that minute and must have reached the factory after Miss Stover had come and gone.

Dr. Harris based his statement about the time of death upon the condition of the contents of the girl’s stomach, declaring that the amount of digestion that had taken place in the cabbage there showed that she must have met death within something like 45 minutes from eating the cabbage. Her mother swore that she took this meal at 11:30 or just a few minutes earlier.

Neither side would make any statement last night. Both indicate that they were well pleased with the day in which things are going, but lawyers on both sides declined to make any statement in regard to the future course of action.

That the defense will take the greater part, or all, of this week for the presentation of their side, and even longer should they place Frank’s character on record, has already been known for several days and from present indications the arguments of counsel will begin a week from tomorrow.

When court convenes Monday morning H. G. Schiff, one of Frank’s assistants in the factory, will again go on the stand for further cross-examination by the state. Solicitor Hugh M. Dorsey had started upon this when court adjourned Saturday.

* * *

Alanta Constitution, August 10th 1913, “Defense Will Renew Attack Upon Dr. Harris’ Testimony,” Leo Frank case newspaper article series (Original PDF)

Schiff Put on Stand to Refute Conley and Dalton Testimony

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 10th, 1913

HIS STATEMENTS HELP DEFENSE

Herbert G. Schiff, assistant to Leo M. Frank at the National Pencil factory, followed J. H. Minar on the stand Saturday. His testimony was used by the defense in an ef[f]ort to refute the stories of Jim Conley and C. B. Dalton to the effect that Frank frequently had women in the office on Saturdays and holidays and he also went into great detail and testified to the complexity of the financial sheet and the large amount of work necessary to complete it.

He was being cross-examined by the state when court adjourned at 12:30 o’clock until 9 o’clock Monday morning. At the time of adjournment the solicitor was trying to show by cross-questions that the witness had exaggerated the amount of work and the time required upon the financial sheet which it is claimed Frank made out on the Saturday before the murder was discovered.

“Do you have anything to do with keeping the books and getting up the financial statement?” Mr. Arnold began.

“Yes, I do.”

“Who went to work for the factory first, you or Mr. Frank?”
“Mr. Frank.”

“What sort of work did you first do?”
“I assisted in the office work of the factory and early in January was promoted and went on the road, then the office force got short and I offered my services in the office again and returned to help Mr. Frank.”

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Schiff Testimony Contradicts That Given by Dalton and Negro Conley

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 10th, 1913

Saturday by Far the Best Day for the Defense Since Start of the Frank Trial Two Weeks Ago.

SAYS WOMEN DID NOT VISIT FRANK’S OFFICE

Lawyers for State and Defense in Frequent Clashes During the Testimony of Frank’s Assistant at the Factory.

By far the best day the defense in the Frank trial has had came to a close Saturday afternoon at 12:30 o’clock when a recess was taken until 9 o’clock Monday morning, at which time Herert Schiff, assistant to Leo M. Frank, will again be on the stand to undergo a thorough cross-examination at the hands of Solicitor Dorsey.

Schiff’s direct testimony Saturday was of a convincing nature and the defense will largely bank on it to disprove the idea that Frank could have committed the murder and afterward done the intricate mathematical work he claims to have done during the afternoon of Memorial day. Just how Schiff’s testimony will stand up under the cross fire of Solicitor Dorsey is a question which Monday alone will answer. Thus far his testimony has been the most convincing of any that has been introduced by the defense. He is an extremely bright young man, ready with his answers and he possesses a good memory. When court adjourned Saturday Solicitor Dorsey had failed to shake him on any material testimony or point.

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Witness Admits Discrepancies in Model of Pencil Factory

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 9th, 1913

T. H. Willet, a pattern maker, who built the model of the pencil factory, was next called by the defense. Under the cross-examination of Mr. Hooper he frequently admitted discrepancies in the pasteboard structure submitted by Frank’s counsel.

“What is your occupation?” he was asked by Mr. Arnold.

“Pattern maker.”

“Did you make an inspection of the National Pencil factory?”
“Yes.”

“In making this model, as to its dimensions and proportions, you have followed exact figures of blue prints?”
“Yes.”

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Epps Boy Not With Mary Phagan, Declares Street Car Motorman

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 9th, 1913

W. M. Mathews, of 459 Lee street, car motorman who declares that Mary Phagan rode to town on his car on April 26, followed Daisy Hopkins on the stand.

Mathews gave a new turn to the theory of the girl’s actions of that day by declaring that she rode to Broad and Hunter streets before getting off with another girl who was with her, and also by saying that he did not see George Epps on the car with her.

In answer to questions the motorman asserted that Mary Phagan got on his car at Lindsay street at about 10 minutes to 12 and got off at Hunter and Broad at 10 minutes after 12, the time that Monteen Stover says she left the factory and after the time that, according to the state’s theory, Mary Phagan was killed.

“What time does your car reach Forsyth and Marietta streets?”
“It is due there at 12:07 1-2.”

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Hinchey Tells of Seeing Frank on Car on Day of the Murder

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 9th, 1913

H. J. Hinchey, of 391 Peachtree street, a business acquaintance of Leo Frank, and manager of the South Atlantic Blow Pipe company, was put upon the stand by the defense. He stated having seen Frank on the murder date as the superintendent rode into town on a Washington street trolley car, meeting him at Washington and Hunter streets.

He was questioned by Mr. Arnold.

“Do you recollect April 26, Memorial day?”

“Yes.”
“Did you see Leo Frank that day?”
“Yes.”

“Where?”
“Near the capitol.”

“Was he on foot or riding?”
“He was aboard a trolley car.”

“Were you on foot?”
“No, I was driving an automobile.”

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Harry Scott and “Boots” Rogers Recalled to Stand by the State

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 9th, 1913

When court convened Friday morning Harry Scott, Pinkerton detective, engaged by the defense in the Phagan case, was recalled to the stand by the state and asked how long it took Jim Conley, the negro sweeper, to write a copy of one of the murder notes when it was read off to him and [1 word illegible], dictated word for word.

The detective declared that the negro had taken about three or four minutes for this.

“Boots” Rogers was next called and asked one question about the condition of the basement. Rogers is the ex-county policeman in whose car the police answered Newt Lee’s call the morning of the murder. His testimony Friday was in regard to the unsanitary condition of the basement.

After a call for George Epps, the little newsie who swore to riding to town on April 26 with Mary Phagan, had gone unanswered, the defense called its first witness of the day, Daisy Hopkins.

* * *

Atlanta Constitution, August 9th 1913, “Harry Scott and ‘Boots’ Rogers Recalled to Stand by the State,” Leo Frank case newspaper article series (Original PDF)

Civil Engineer and Photographer Tell of Making Plats and Photos

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 9th, 1913

Ira U. Kauffman, civil engineer, who had been employed by the defense to make drawings of the Selig home at 68 East Georgia avenue, where Frank and his wife lived, and also of the National Pencil factory, followed the street car conductor on the stand.

Kauffman testified that he made the plats of the Selig home on Tuesday of this week. The plats were shown to the jury.

“Could you stand in the kitchen and see the mirror in the dining room?” asked Mr. Arnold.

“It is impossible to see the mirror from the kitchen.”

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Hopkins Woman Denies Charges Made By Dalton and Jim Conley; Is Forced to Admit Untruths

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 9th, 1913

Daisy Hopkins, a resident of Redan, Ga., and the woman who Jim Conley and C. B. Dalton declare frequently went to the National Pencil factory with Dalton while Leo Frank was there and was aware of her presence, was the first witness called by the defense Friday morning.

The woman swore to a full and complete denial of every charge that the white man and the negro had made and declared that she only knew Frank by sight, as she had worked at the factory from October, 1912, until June 1912.

When Solicitor Hugh Dorsey took her on cross-examination, however, he succeeded in trapping her into admitting that she had sworn to a lie on the stand when she declared that she had never been in jail. When confronted with a man who is said to have secured her release she admitted that she had been there on a charge of immorality.

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N. V. Darley Denies Testimony Given by Conley and Dalton

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 9th, 1913

N. V. Darley, general manager of the National Pencil factory, who has already been used as a witness for the prosecution, was called to the stand for the defense following the pattern maker’s department.

He was examined by Mr. Arnold.

“You are the general manager of the pencil factory, aren’t you?”
“Yes.”

“Looking from a point of ground plan, isn’t this a correct model of the pencil plant?”

“Yes.”

Darley then described various furniture and fixtures in the basement and two floors depicted in the model.

Plain View of Stairway.

“If a body fell down the chute that rose from the first floor to the basement, how far would it land from the spot at which Mary Phagan’s body was found?”
“About thirty or forty feet.”

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Conductor Also Swears Epps Boy Was Not on Car With Mary Phagan

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
August 9th, 1913

W. T. Hollis, of 16 Western avenue, the conductor on the English avenue car on which Mary Phagan rode to town on the day she was murdered, followed the motorman on the stand.

He also declared that the girl was not accompanied by a boy and that she did not get off at Forsyth and Marietta streets where he left the car. He also declared that she was not accompanied by any boy answering the description of George Epps, but that a little girl was with her.

Hollis corroborated the testimony of the motorman in practically every detail as to time and other features up to the moment when he was relieved at Forsyth and Marietta and left the car.

Further than that the witness declared that there were only a few passengers on the car that trip and that he noted the girl’s appearance as she had often ridden with him on the way to the factory in the mornings. He said he did not know her name until after the murder, when he found out she was the one who had been killed.

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