Tag Archives: Atlanta Constitution

Lively Tilts Mark the Hearing Of Testimony of Dr. Kendrick

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

Atlanta Constitution
August 14th, 1913

Dr. William S. Kendrick, head of the chair of medicine of the new Atlanta Medical school and for the past thirty eight years a general practitioner of medicine, was the first witness put on the stand Wednesday morning.

The physician on the stand declared the deductions of Dr. H. F. Harris, secretary of the state board of health, as to the time of Mary Phagan’s death and the alleged violation as nothing more than guesswork.

On cross-examination the solicitor forced Dr. Kendrick to admit that he was no expert on digestion and that he had not read a medical treatise on the subject in ten years or possibly in his life.

Many lively tilts occurred while the physician had the stand and in many instances the solicitor forced the witness to admit his ignorance on points pertaining to the subject.

Reuben Arnold outlined the condition in which it is said that Dr. Harris found the girl’s body and asked the witness if he could tell from that whether or not she had been violated. Dr. Kendrick stated that he could not.

“Would it be merely conjecture or not to make such a deduction?”
“I would call it nothing else.”

“Are you or not a stomach specialist?” Mr. Arnold next asked.

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Surprise Sprung by Introduction of Character Witnesses by Defense

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

Atlanta Constitution
August 14th, 1913

Alfred L. Lane, who stated that he lives in Brooklyn, and is a merchant of New York city, was the first witness to take the stand to swear to the good character of Leo Frank and so quietly was he introduced that not until the defense had asked him several questions did it become known what was about to take place.

“You came here yesterday afternoon especially to testify about Mr. Frank, did you not?” asked Mr. Arnold after he had established the identity of the witness and drawn from him the statement that he had known Frank for about fifteen years.

“Yes, I came here for that purpose,” Lane replied.

“Where did you first known Mr. Frank and when?” asked Mr. Arnold.

“I knew him when we were in school together from 1898 to 1902 at Pratt Institute, a high school in Brooklyn,” replied the witness.

By this time it had begun to dawn on the spectators and lawyers that the defense was introducing the character of the defendant.

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Dr. William Owen Tells How Conley’s Story Was Re-enacted

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

Atlanta Constitution
August 14th, 1913

Dr. William D. Owens, a well-known physician and one of the timekeepers in the re-enaction of Conley’s story in the pencil factory was recalled to the stand at the afternoon session.

He was questioned by Mr. Arnold and cross-examined by Mr. Hooper.

“How much time did it require you to go through this performance?” asked Mr. Arnold.

“Eighteen and a half minutes.”

“How rapidly did you go through it?”
“Just as fast as the directions could be read.”

The cross-examination began.

“Where did you start the performance?”

“From the second floor to the basement.”

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Mother of Frank Denounces Solicitor Dorsey in Court

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

Atlanta Constitution
August 14th, 1913

STIRS COURTROOM WHEN SHE RESENTS QUESTIONS ASKED FRANK’S WITNESS

Solicitor Dorsey Was Cross-Examining Ashley Jones, a Witness Who Had Been Testifying to the Good Character of the Prisoner, and Had Just Asked Him if He Had Not Heard of Frank Taking Liberties With Little Girls Out at Druid Hills Some Time Ago.

TEARS FILLING EYES, WOMAN LEAVES COURT WITH SON’S ATTORNEY

Large Part of Wednesday’s Testimony Was Consumed in an Effort on Part of the State to Break Down the Testimony Given by Lemmie Quinn—Dr. William K. Owen Takes the Stand in Afternoon to Tell How Story of Conley Was Reenacted at National Pencil Company Factory.

There was one brief dramatic moment in the Frank trial Wednesday—so dramatic and full of heart interest that spectators were stirred as they have not been since the trial began.

Solicitor Dorsey was cross-questioning Ashley Jones, a character witness for Frank. He asked him if he had not heard of Frank taking liberties with little girls out at Druid Hills.

“No, and you never did—you dog!” exclaimed Mrs. Rae Frank, mother of the accused young man, as she partially rose from her seat and faced Solicitor Dorsey.

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Many Witnesses Take the Stand to Refute Points of Prosecution

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

Atlanta Constitution
August 13th, 1913

Defense Calls Twenty-Two Men, Women and Boys to Give Evidence Favorable to Frank—Mr. and Mrs. Emil Selig, Parents of Frank’s Wife, Declare That There Was Nothing Unusual in Conduct of the Prisoner on Day of Murder

CHARACTER OF DALTON IS DECLARED TO BE BAD BY DEFENSE WITNESSES

Called to Stand, He Admits Having Been Sent to Gang for Stealing Once and Having to Pay Fine on Another Occasion—Bitter Fight Is Waged Between Attorneys Over a Question Asked of Frank’s Office Boy by Solicitor Dorsey, and Threat of Motion for Mistrial Is Made

Calling upon a total of twenty two witnesses on Tuesday and making a record for the Leo M. Frank case, and possibly for any other in Georgia, the defense yesterday made at tacks on a number of points made by the prosecution earlier in the trial of the man charged with the murder of Mary Phagan.

The day was spent in all but one or two instances in a steady hammering at the prosecution or to change the simple to a ceaseless stirring up of new points so as to muddy the entire case and make the points of the state unrecognizable.

When Solicitor Hugh Dorsey, on cross examination, asked Philip Chambers, Frank’s former office boy, if the superintendent had not made improper advances to him and threatened him to fire him if he did not yield, a bitter fight was started.

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Frank’s Financial Sheet Would Take 3 Hours Work to Finish — Joel Hunter

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

Atlanta Constitution
August 12th, 1913

Joel Hunter, an expert accountant, was put on the stand to testify to the amount of work required in the compilation of the financial sheet upon which the defense declares Leo Frank worked during the afternoon Mary Phagan was murdered.

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

“I am a public accountant.”

“Do you hold a position with the state board?”

“Yes, I belong to the board of examiners.”

“Did you examine Leo Frank’s financial sheet?”
“Yes.”

“Did his assistant, Schiff, acquaint you with the data contained in the report?”

“Yes.”

“Did you go through all the work required to make the report?”
“Yes; but I did not make a new sheet. I only made the calculations and verifications.”

“Did you find them correct?”
“All except one item.”

The witness explained thoroughly to the jury the tedious process of compiling the financial sheet.

“What time does it take to make out this sheet?”
“I would judge about 150 to 170 minutes, and, even within that length of time it would take a man with a superior knowledge of that process of compilation.”

Mr. Hooper took the witness from cross-examination.

“You couldn’t calculate on the exact length of time, could you, inasmuch as you’re not familiar with the work yourself?”
“Not exactly.”

“You say it took you more than three hours to make this report?”
“Yes.”

“If it was made in the afternoon, then, it would take all the afternoon, wouldn’t it?”
“Yes, practically so.”

“It would hardly give time for the man who was working upon it to attend a game or baseball, would it?”
“I would not think so. I didn’t study that phase of it, however.”

“It would take all afternoon with no time to do anything else, wouldn’t it?”
“I would certainly think so.”

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Atlanta Constitution, August 12th 1913, “Frank’s Financial Sheet Would Take 3 Hours Work to Finish — Joel Hunter,” Leo Frank case newspaper article series (Original PDF)

As the Very Wildest of Guessing Dr. Westmoreland Characterizes Testimony Given by Dr. Harris

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

Atlanta Constitution
August 12th, 1913

Dr. Willis Westmoreland, former head of the state board of health, who resigned some time ago after the board gave a clean bill to Dr. H. F. Harris, the secretary, whom he had accused of “scientific dishonesty,” followed Dr. Hancock on the stand.

He also made an examination of Leo Frank, stating in answer to Mr. Arnold’s question that he had found the accused man to be normal.

He was questioned by Arnold.

“What is your calling?”

“I am a physician of twenty-right years’ experience.”

“What is your main practice?”
“General medicine and surgery.”

“Have you occupied any chairs of prominence during your career?”

Former Head of State Board.

“I formerly occupied the chair of surgery in the Atlanta College of Surgery and, at one time, was president of the state board of health.”

A number of questions of the same nature of those put to Dr. Hancock pertaining to Dr. Harris’ testimony of his opinion of the time of death and of his belief that violence had been inflicted were asked Dr. Westmoreland. His replies were substantiation of Dr. Hancock.

“Could you determine how long this wheatbread and cabbage had been in the girl’s stomach?” he was asked.

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Dr. Hancock Called by Defense, Assails Dr. Harris’ Testimony

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

Atlanta Constitution
August 12th, 1913

MADE CABBAGE DIGESTION EXPERIMENTS

Dr. T. H. Hancock, a well known Atlanta physician, was the first of three medical experts to be presented in the afternoon in behalf of the defense. Dr. Hancock is official physician of the Georgia Railway and Electric company, and is a man of twenty-two years’ experience.

An astonishing feature of his testimony was the statement he made in answer to a question from Attorney Arnold to the effect that he had treated 14,000 surgery cases, a record hitherto unparelleled [sic] in Georgia history.

He was examined directly by Mr. Arnold.

“What is your occupation, Dr. Hancock?”
“I have been a physician and surgeon for the past twenty-two years?”
“How many cases of surgery have you treated?”
“About 14,000.”

“Have you made a physical examination of Leo M. Frank?”
“Yes.”

“Is he normal?”
“He is perfectly normal.”

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Guesswork and Not Science Asserts Dr. J. C. Olmstead

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

Atlanta Constitution
August 12th, 1913

Dr. John C. Olmstead followed Dr. Westmoreland to the stand.

He was questioned by Arnold.

“What is your occupation?”
“I have been a physician for thirty-six years, and am a graduate of the University of Virginia and the University of New York.”

“Would you characterize such an opinion as the one you have read of by Dr. Harris as being a guess or a scientific conclusion?”
“As wild a guess as I’ve ever heard.”

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Schiff Admits He Kept Conley Knowing He Was Worthless

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

Atlanta Constitution
August 12th, 1913

H. G. Schiff, Leo Frank’s assistant in the National Pencil factory, was put on the stand for a conclusion of the state’s cross examination when court convened Monday morning.

“How many books and papers were there that you say had not been worked on Friday night, and that you found completed Monday?” asked Solicitor Hugh Dorsey.

“The financial sheet and those papers I showed you Saturday,” Schiff replied.

[several words illegible] finished Friday?”
“Because when I left the office Friday I had not got up the data for them,” the witness said.

“If Frank had started to work at 8:30 o’clock Saturday morning and had worked until 10:30, then he could have done that work, couldn’t he?” the solicitor asked.

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Expert Flatly Contradicts The Testimony of Dr. Harris

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

Atlanta Constitution
August 12th, 1913

Professor George Bachman, professor of physiology in the Atlanta College of Physicians and Surgeons, and formerly a demonstrator of physiology in Jefferson Medical college, was put on the stand following Schiff.

By him the defense made a further attack on the deductions of Dr. H. F. Harris. He declared that the statements made by Dr. Harris amounted to guess work, according to his knowledge of the subject.

“What is your nationality, professor?” Mr. Arnold asked.

“I’m a citizen of Atlanta,” replied the witness.

“I mean, where were you born?”

“I was born a Frenchman,” replied Dr. Bachman.

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Defense Has Best Day Since Trial of Frank Began

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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

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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

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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

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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?

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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

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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

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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

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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.

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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

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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.”

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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)