Frequent and Angry Clashes Between Attorneys Mark the Hearing of Darley’s Testimony

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

Atlanta Constitution
August 2nd, 1913

N. V. Darley, mechanical head of the National Pencil factory and directly in charge of the Georgia Cedar company, an adjunct concern, was put on the stand by the state, after Mrs. White had finished.

“How long have you been with the company, and are you still employed here?” asked Solicitor Dorsey.

“I’ve been there about five years, and am still employed there.”

“Who is your immediate superior?”

“I consider Sig Montag my immediate superior,” he replied.

“What is your relation to Frank?”

“We are co-laborers, on an equal basis.”

“With whom do you more often come into contact?”

“With Frank.”
“Did you see Frank on Saturday, April 26?”
“Yes.”

“What time did you leave the factory that morning?”

“About 9:40.”

“When did you next see Frank?”

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Mary Phagan Murdered Within Hour After Dinner

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

Atlanta Constitution
August 2nd, 1913

DR. H. F. HARRIS GIVES STARTLING EVIDENCE ABOUT TIME OF MURDER

Wound on Eye of Girl Victim of Pencil Factory Crime Looked as if It Came From Blow of Fist, Secretary of State Board of Health Tells the Jurymen.

WHILE ON THE STAND DR. HARRIS COLLAPSES FROM RECENT ILLNESS

Frequent Clashes Take Place During Testimony of N. V. Darley, Assistant Superintendent of National Pencil Factory, Over the Alleged Nervousness of Frank.

Within three-quarters of an hour after she had eaten her frugal breakfast of cabbage and bread, Mary Phagan was dead.

This startling fact was brought out at Friday’s session of the Leo M. Frank trial, when Dr. Roy Harris, secretary of the state board of health, took the stand to tell of the post-mortem examination he performed on the body of the child.

The time of the murder has always been a mooted question. When Dr. Harris made his declaration and exhibited a small bottle containing particles of cabbage, which had been taken from the stomach and which had not had time to digest, a thrill went through the court room.

Crowd on the Qui Vive.

As soon as Dr. Harris entered the court room during the afternoon session, the crowd seemed to sense the dramatic situation which was to follow.

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Mrs. Arthur White Takes Stand Today

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

Atlanta Constitution
August 1st, 1913

Will Testify She Saw Negro Idling in Shadows of Stairway.

Mrs. Arthur White, wife of Arthur White, the witness who will testify that on Saturday morning when she appeared at the pencil factory to see her husband, she saw a negro idling in the shadows of the stairway on the first floor, will be the first called to the stand this morning.

A moment before adjournment yesterday afternoon she was summoned to testify, but Judge Roan ordered the session closed before she could reach the witness stand. Mrs. White, it is stated, has already declared that she is unable to identify Jim Conley as the negro she saw in the building that fatal Saturday.

Sweeper Swears No Spots Were on Floor Day Before Murder

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

Atlanta Constitution
August 1st, 1913

Mel Stanford, a sweeper and plater at the factory, was put on the stand at 12:20. He testified that he had worked there for about two years and was there on Friday, April 25, on the second floor.

“What did you do on Friday?” asked the solicitor.

“I swept up the entire floor in the metal room.”

“Were you there Monday, April 28?”

“Yes.”

“See anything at water cooler near girls’ dressing room?”

“Yes; a spot which had a white substance over it.”
“Was it there Friday?”

“It was not there when I swept the floor between 9 and 12 o’clock Friday.”

“What sort of a broom did you use?”

“A small broom.”

“Do you know anything about a large broom?”

“Yes; there were several up there.”

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Blood Found by Dr. Smith on Chips and Lee’s Shirt

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

Atlanta Constitution
August 1st, 1913

Dr. Claude A. Smith, the medical expert who made microscopic examinations of the blood-spotted chips chiseled from the floor of the pencil factory and of the bloody shirt discovered in Newt Lee’s home, was next called in.

He was asked by Solicitor Dorsey:

“What is your business?”

“I am city bacteriologist and chemist.”

He was handed the chips from the pencil factory flooring.

“Did you test these chips?”

“Yes. Some detectives brought me these specimens and asked me to examine them. They were considerably dirty and stained. On one of them I found blood corpuscles.”

“Was it human blood?”
“I don’t know.”

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Leo Frank Innocent, Says Mrs. Appelbaum

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

Atlanta Constitution
August 1st, 1913

Acquitted in Same Courtroom, She Is Now Eager Spectator at Big Trial.

A little woman, neatly dressed and wearing a dark hat crowned with a flowing aigrette, slipped quietly into the rear of the courtroom at the afternoon session of the Frank trial yesterday afternoon, and sat down near the press table unnoticed.

Presently, a reporter looked up from his notes, caught sight of her and instantly walked to where she sat. Soon reporters swarmed around her. The press table and trial proceedings were almost deserted for the moment by the Fourth Estate.

She was Mrs. Callie Scott Appelbaum, principal figure in one of Atlanta’s recent murder trials, when she was arraigned before the court on a charge of murdering her husband, Jerome Appelbaum, in the Dakota hotel.

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Haslett Describes Visit to Home of Leo Frank

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

Atlanta Constitution
August 1st, 1913

Detective B. B. Haslett, who went with Detective John Black on Monday morning, April 27, to Leo Frank’s home to summon him to police headquarters for a statement Chief Lanford wished him to give, was next called to the stand.

“Did you go to Leo Frank’s home at any time?” the solicitor asked.

“Yes. At 7 o’clock Monday morning we were sent to see Frank and have him come to the detective bureau.”

“What did you tell him?”
“That Lanford wanted to see him.”

“Do you know whether he was liberated or not?”

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Finding of Hair and Envelope Described by Factory Machinist

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

Atlanta Constitution
August 1st, 1913

R. B. Barrett, a machinist at the National Pencil factory, who declares that he found strands of hair similar to Mary Phagan’s on his machine after the murder, and who also told of finding a torn piece of pay envelope in the same room and under the machine where the hair was found, followed Monteen Stover on the stand.

He was asked if he had testified before the coroner’s and the grand jury, and replied that he had.

“What did you see near Mary Phagan’s machine?”

“A peculiar spot on the floor,” he replied.

“Was the spot there Friday?”

He described the spot as being four or five inches in diameter and with similar spots back of it and leading toward the entrance to the rear.

“What hour Monday did you find these spots?”

“Between 6:30 and 7 o’clock on Monday.”

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E. F. Holloway Testimony

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

The article below is just a piece of the printed testimony of E. F. Holloway from the Atlanta Constitution. Unfortunately, most of the beginning part of this article is missing from our archives.

Atlanta Constitution
August 1st, 1913

“Who was the next man?”

“Mr. Darley.”

“Who was the next man or woman?”

“Mattie Smith.”

“Did you turn the building over to Newt Lee?”
“Yes.”

“How many negroes worked in the building?”

“Seven or eight.”

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Frank’s Presence in Office at Time He Says He Was There is Denied by Girl on Stand

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

Atlanta Constitution
August 1st, 1913

Following the Pinkerton detective testimony the state introduced Miss Monteen Stover, who worked in the factory when Mary Phagan did. The girl was rather abashed when she first appeared, but turned out to be a witness who could relate exactly what she started out to tell and who did not seem to get confused.

“Where do you work?” asked the solicitor of the girl.

“Nowhere.”

“Were you work on April 26?”

“No.”

“When did you last work before the murder?”
“On the Monday before the murder,” she answered.

“Were you in the factory on April 26?”

“Yes, at 12:05.”

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William Gheesling, Embalmer, Tells of Wounds on Girl’s Body

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

Atlanta Constitution
August 1st, 1913

William Gheesling, the undertaker who embalmed Mary Phagan’s body, was next called in.

“What is your business?” queried Solicitor Dorsey.

“I am an embalmer.”

“How long have you been in that advice?”

“Fifteen years, or more.”

“Did you see the body of Mary Phagan?”

“Yes, I first saw it at 15 minutes to 4 on the morning of April 27.”

“Where was it?”

“In the basement of the National Pencil factory.”

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Holloway Denies Affidavit He Signed for Solicitor

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

Atlanta Constitution
August 1st, 1913

NEW TESTIMONY GIVEN AT TRIAL OF LEO M. FRANK BY R. B. BARRETT

Machinist at Pencil Factory Tells Jury of Discovery of Murdered Girl’s Pay Envelope and of Strands of Hair Near Her Machine in Metal Room on Second Floor.

HENRY [sic] SCOTT PUZZLES BOTH SIDES OF CASE BY EVIDENCE THURSDAY

E. L. Holloway, Who Swore in Affidavit That Elevator Was Closed on Saturday, the Day of the Murder, Admits on Stand That He Was Mistaken—“I’ve Been Trapped,” Cries Dorsey.

The first piece of new testimony of any importance which has developed since the beginning of the Leo M. Frank trial came Thursday morning, when R. B. Barrett, a machinist employed at the National Pencil factory, testified that he had found what was supposed to be Mary Phagan’s pay envelope near her machine in the metal room. Up to this time the matter of the pay envelope had been a complete mystery. Barrett also testified to having discovered blood stains on the floor near her machine, and a strand of hair on the machine. The blood stain had been wiped over with some kind of white preparation.

The whole gist of Solicitor Dorsey’s questioning was to prove that the murder was committed on the second floor. The testimony of this witness and others seemed to bear out this contention.

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Attorneys for Both Sides Riled by Scott’s Testimony; Replies Cause Lively Tilts

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

Atlanta Constitution
August 1st, 1913

When court convened on Thursday morning, J. M. Gantt, formerly employed in the bookkeeping department of the National Pencil factory, was placed on the stand for two questions, and he was followed by Harry Scott, Pinkerton detective, who worked as a partner of John R. Black, of the city detectives, in searching for the murder of Mary Phagan.

Solicitor Hugh Dorsey had Gantt swear that he was arrested on April 28 and hold until the following Thursday.

During Scott’s testimony, there were lively tilts of all sorts. At one time Scott became angry with the solicitor and asked him if he were accusing him of withholding evidence, and Dorsey declared that Scott had entrapped him by promising to swear one thing on the stand and then by refusing to swear it.

A moment later the defense was in a rage when Scott swore that Herbert Haas, one of Leo Frank’s counsel, had ordered him to furnish to the defense the evidence he might obtain before giving it to the police.

Luther Rosser, another of Frank’s attorneys, then tried to show that he had not been concerned in this, and when this was not helld [sic] admissible, he burst out with the statement, “There’s certainly no one here who believes that I had anything to do with this!”
Scott declared he told Haas, in the presence of Rosser and Sig Montag, that before the Pinkertons would do as he asked that they would quit the case.

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William Gheesling First Witness Today

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

Atlanta Constitution
July 31st, 1913

Harry Scott, Pinkerton Detective Will Also Be Called to Stand During Day

William Gheesling, the P. J. Bloomfield undertaking attachee who made the first examination and emblamed [sic] the body of Mary Phagan will probably be the first witness called to the stand in the Frank trial this morning.

He will be followed by Harry Scott, the Pinkerton detectives who worked with Detective John Black in the murder investigation and who engineered the third degree which resulted in Jim Conley’s confession.

Dr. Hurt, county physician who made the medical examination upon the corpse and who it is rumored testified before the grand jury to the effect that no assault had been made upon the girl will likely be called this afternoon.

Evidently, a big fight will be waged upon Dr. Hurt’s testimony as the defense, it is stated, has already made arrangements for an expert stenographer to take notes of his story.

Bearing of Black and Lee Forms a Study in Contrast

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

Atlanta Constitution
July 31st, 1913

By Sidney Ormond

Comparisons are odious, but to the close observer of events following the Mary Phagan murder and the trial now in progress one cannot help contrasting the impression made on the jury by Newt Lee, the negro night watchman of the National Pencil factory, and the testimony of John Black, detective, who worked up a large part of the evidence being used against Leo M. Frank by the state.

It was only a short while ago that John Black, according to the statement of Lee, was ‘blunblamming’ at him night and day in an effort to get something new in regard to the death of Mary Phagan. Lee was not allowed to sleep, and you know what that means to a negro. No sooner would he curl up on his bunk to dream of yellow-legged chickens, watermelons and the fresh air of liberty, than along would come Black or Starnes or some other member of the detective force to harass him with questions. For months his life has been one volley of interrogations fired at him coaxingly or menacingly. He told his story so often that doubtless if he were asked which he preferred, chicken or watermelon, he would say,

‘I went down into the basement and—’

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Gantt, Once Phagan Suspect, On Stand Wednesday Afternoon

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

Atlanta Constitution
July 31st, 1913

J. W. Gantt, who once was a suspect in the famous case, followed Mrs. Coleman to the stand at the afternoon session.

“Have you ever been connected with the pencil company?”

“From January 1st, 1918, until April 7, I was employed with that concern as shipping clerk. I was discharged by Mr. Frank for an alleged shortage.”

“Did you know Mary Phagan?”

“Yes—I knew her as a little girl.”

“Did Leo Frank know her?”

“Yes.”

“How do you know this?”

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Rogers on Stand Describes Visit of Frank to Undertakers

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

Atlanta Constitution
July 31st, 1913

When court convened and before the jury had been brought in Attorney Luther Rosser entered an objection to the drawing of the pencil factory which Solicitor Hugh M. Dorsey had rehung upon the wall after removing the descriptive lines. Objection had previously been made to the lines and the solicitor had caused these to be erased.

Attorney Rosser and his colleague Reuben Arnold declared that the dotted lines which shows the state’s theory of how the girl’s body was carried from the second floor to the basement were not part of the building and hence were not admissible.

Mr. Dorsey cited rulings of the supreme court to show that he had a right to leave this line in the picture and Judge L. S. Roan allowed it to remain in later explaining to the jury that the drawing was admitted with the dotted lines under the express agreement that the dotted lines represented merely the state’s theory and were not conclusive unless backed by argument to carry out that theory.

W. W. (“Boots”) Rogers ex-county policeman in whose automobile the police officers were taken to the factory the morning the crime was discovered and who later carried Leo Frank from his home at 69 East Georgia avenue to the undertaking establishment to see Mary Phagan’s body and later to the factory was the first witness called.

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Daintily Dressed Girl Tells Of Daily Routine of Factory

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

Atlanta Constitution
July 31st, 1913

Grace Hicks, a sister-in-law of ‘Boots’ Rogers, whom he carried to the factory the morning of April 27 to tell if the dead girl was an employee of the factory was put upon the witness stand by the state after Rogers had been excused.

She was a daintily dressed slender girl of 17, and declared that she had worked there for the past five years.

To the solicitor’s questions she answered that she had known Mary Phagan for about a year at the pencil factory and that the dead girl had worked on the second floor.

“Did you see her on April 27?” Mr. Dorsey asked.

“Yes.”

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Idle and Curious Throng Court Despite Big Force of Deputies

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

Atlanta Constitution
July 31st, 1913

In spite of the largest force of deputies that has ever been brought together in Fulton county for a similar purpose, the greatest difficulty is being experienced in keeping out the idle and morbidly curious at the Leo M. Frank trial.

A glance around the room is sufficient to show that the deputies have been imposed on. Scores of professional loafers—men who have had no visible means of support for years, and who could have possible interest in the trial—throng the room. Many women, who are in no way connected with the case either through friendship for Frank or the dead girl, arrive early in the morning and remain during the entire day. They display the keenest interest in every turn of the trial. Wednesday when the bloody shirt which was found at Newt Lee’s house was placed in evidence there was a craning of necks on the part of these women as if they could not bear to lose sight of one thread of the grewsome spectacle.

Deputies and county police on guard at the door have used little discretion in keeping out pretenders. In more than one instance reporters have had difficulty in getting in the room. Because one reporter who has been working on the trial since the first day insisted on his right to enter the room in order to do his work, a county policeman drew a “billy” and attempted to strike him.

Immediately on the heels of this incident a number of curiosity-seekers were allowed to enter the room.

Detective Black Muddled By Keen Cross-Examination Of Attorneys for Defense

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

Atlanta Constitution
July 31st, 1913

Detective John R. Black, the officer who went in Rogers’ machine from the factory to Frank’s residence on the Sunday morning that Mary Phagan’s body was discovered, was next put up by the state. He took the stand at 11:45 o’clock, and was still there when court adjourned for lunch.

In answers to Solicitor Dorsey’s questions he said he had been on the police force for six years and previous to that had worked as n cooper for the Atlanta Brewing and Ice company.

“Do you know any of the directors of this company?” began the solicitor, when he was quickly interrupted by the defense. Despite Mr. Dorsey’s claim that he had a material end in view, the judge ruled with the defense and without making further ado the solicitor started another line of questions.

Black told how he had been waked up at his home on that Sunday morning and told to report at headquarters and how, after a talk with Lee at the station, he had gone to the pencil factory and from there to Frank’s house with Rogers.

He told practically what Rogers had said about Mrs. Frank’s appearance at the door and of Frank’s stepping from behind a portiere curtain in the hall.

“He came out before I got through talking with Mrs. Frank,” said the detective.

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