Tag Archives: Atlanta Constitution

Defense Will Renew Attack Upon 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 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.

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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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Holloway, Witness for Defense, Riddled By Cross-Examination

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

Atlanta Constitution
August 9th, 1913

E. F. Holloway, watchman and timekeeper at the pencil factory, whose testimony Solicitor Dorsey riddled on cross-examination, followed General Manager Darley to the stand.

He gave his answers rapidly, making them frequently even before Attorney Arnold had finished propounding his questions. He is a man who looks older than 60, with cold gray eyes and thin lips.

His general appearance causes the lover of Dickens to think that the aged witness had stepped from one of that author’s novels. He became confused upon the cross-fire of the solicitor, and perspired profusely.

Same Rule for All.

He was examined directly by Mr. Arnold.

“Was it a habit of Jim Conley to register as he pleased?”
“No”

“You applied the same rule to him as you applied to all of the help?”
“Yes.”

“Did you ever see Frank pinch him or touch him?”
“Never saw Mr. Frank even touch him.”

“Do you recall a Saturday that you missed since you have been employed with the pencil company?”
“Not a one.”

“Who would relieve you before Lee went to work on Saturday afternoons?”
“Kendrick, the nightwatchman.”

“At what time?”
“Four o’clock.”

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Couldn’t Locate Epps Boy When Wanted in Court

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

Atlanta Constitution
August 9th, 1913

At the opening of the afternoon session the defense called for George Epps, the 14-year-old newsboy, who says he rode uptown with Mary Phagan on the day of her death. He did not answer.

Mr. Arnold asked the assistance of Judge Roan in bringing the boy to court. The judge dispatched a bailiff in search of the newsie, armed with an attachment. He was not produced, however, at any time during the afternoon session.

* * *

Atlanta Constitution, August 9th 1913, “Couldn’t Locate Epps Boy When Wanted in Court,” Leo Frank case newspaper article series (Original PDF)

Defense Will Seek to Show That Mary Phagan’s Body Was Tossed Down a Chute in Rear of Pencil Factory And Not Taken Down by Elevator As the State Insists

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

Atlanta Constitution
August 9th, 1913

Eleven Witnesses Are Introduced Friday to Prove Discrepancies in Time Given by Witnesses for the State. Miss Daisy Hopkins Goes on Stand and Swears That She Never Visited Factory With Dalton, But on Cross-Examination She Admitted Having Been in Jail Recently—She Denied That She Knew Frank.

HOLLOWAY’S TESTIMONY RIDDLED BY SOLICITOR; MEMORY FORSAKES HIM

Confesses That He Had Told Detectives the Day That He Caused the Arrest of Conley That “If He’s Convicted, Remember He’s My Nigger”—From Present Indications the Trial Will Be Continued for Two Weeks Longer, and Defense Will Introduce Character Witnesses.

The defense in the Leo M. Frank trial introduced eleven witnesses Friday and a mass of testimony to prove that witnesses for the state were incorrect as to time was presented.

From questions put to Ira Kauffman, civil engineer, who made a drawing of the building, it was evident the defense will seek to show that the body of Mary Phagan was never taken down on the elevator, but was thrown down a chute in the rear of the building leading from the first floor to the basement.

Blood Spots Found.

It is stated that the defense has found blood stains on the floor of the dark passageway leading up the rear of the building.

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Rosser Swears Bludgeon Was Not In Factory Day After the Murder

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

Atlanta Constitution
August 8th, 1913

City Detective Bass Rosser, who worked on the Phagan mystery, followed Dalton on the stand Thursday morning to tell that Mrs. Arthur White, whose husband, father and brother work for the National Pencil company, had not told him of seeing a strange negro in the factory on the day of the crime, although he questioned her about her knowledge of what went on there that day, and she had also told her brother, Wade Campbell, of seeing the negro.

“Have you worked on this case?” asked Solicitor Hugh Dorsey.

“Yes, sir,” replied the detective.

“Did you visit Mrs. Arthur White?”
“Yes.”

“Did Mrs. White mention to you anything about having seen a negro in the factory?”
“She did the second time I talked with her.”

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Will Defense Put Character of Leo Frank Before Jury?

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

Atlanta Constitution
August 8th, 1913

Will Leo Frank’s character be one of the issues in his trial for the murder of little Mary Phagan?

That is the question which has been the subject of speculation since it was first known that he would be tried for the murder, and as the case has progressed the subject has been discussed frequently.

Not one in a hundred defendants place their character in issue when on trial for murder, but a condition has arisen in the Frank case which may cause his attorneys to think it wise to take this step.

It came when James Conley, the negro who accuses Frank of the murder, testified to misconduct on the part of the defendant which would brand him as an outcast among men, and when C. B. Dalton, the white man, mentioned by the negro, testified to having visited the factory for immoral purposes with Frank’s knowledge and to have seen him drinking beer with women in his office.

Defense Lose Point.

The defense, after letting the testimony of the negro stand until they had cross-examined him upon it, moved to strike it from the record and only lost after a hot argument on both sides.

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Harris Sticks to Testimony As to Time of Girl’s Death

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

Atlanta Constitution
August 8th, 1913

Dr. H.F. Harris, the state’s final witness against Leo M. Frank, was put on the stand for cross examination shortly after 10 o’clock Thursday morning, and through a series of questions Attorney Reuben Arnold, for the defense, sought to make him less definite in regard to the time of Mary Phagan’s death after eating the meal of cabbage and bread about 11:30 on the day she was killed.

Dr. Harris was asked a number of questions about digestion, and while he admitted it to be a subject that is not thoroughly understood by scientists, he clung to the main portion of his original testimony that the girl must have been killed within a hour after she ate her meal.

“Tell of some things that might retard indigestion, Dr. Harris,” Mr. Arnold started out.

“Well, it is hard to tell about that,” replied the physician, “there are some nervous troubles which have that effect and then certain things put into the stomach have that same effect. The subject is not too well known and it’s necessarily rather vague.”

“As a general proposition, any sort of physical or mental activity would retard digestion, wouldn’t it?”

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Dr. Frank Eskridge Aiding Prosecution

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

Atlanta Constitution
August 8th, 1913

Dr. R. T. Dorsey Also Comes to Assistance of Solicitor in the Frank Case

Dr. Frank L. Eskridge, a well-known physician, is assisting Solicitor General Dorsey in the solicitor’s examination of expert chemists and medical men and in cross-examinations of experts presented by the defense.

Dr. Eskridge is widely versed in various branches of medicine, chemistry and surgery, and has proved an invaluable aid to the solicitor, especially in the examination of Dr. Roy Harris.

In the cross-examination of Dr. Leroy Childs, in the afternoon session Thursday, the solicitor was valuably assisted by his brother, Dr. R. T. Dorsey, a prominent figure in local medical circles. Dr. Dorsey’s assistance proved decisively effective in rebutting the expert’s testimony.

* * *

Atlanta Constitution, August 8th 1913, “Dr. Frank Eskridge Aiding Prosecution,” Leo Frank case newspaper article series (Original PDF)

Defense May Call for Character Witnesses Today

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

Atlanta Constitution
August 8th, 1913

C. B. DALTON TELLS ABOUT VISITS HE PAID THE PENCIL FACTORY WITH MANY WOMEN

Declares He Used Basement for Immoral Purposes at Same Time That Frank Was in Building, But Did Not Attempt to Say What the Superintendent’s Relations With Women Were—Declares Conley Acted as Lookout for Him.

DR. LEROY W. CHILDS CALLED BY DEFENSE TO REFUTE DR. HARRIS

Harry Scott Is Also Put on Stand by Defense to Prove That Conley Lied on Many Occasions—Detective Was on the Stand When Court Adjourned for Day—Cross-Examination Fails to Shake Dr. Harris.

Shortly after Dr. H. F. Harris had completed his testimony for the state and was cross-examined in detail by Reuben Arnold, the state rested its case against Leo M. Frank.

Solicitor Dorsey had called for Frank’s bank book to show that he had in his possession approximately $200—the sum Jim Conley says he gave him and then took back—but the book was not produced, and the state rested. Later the solicitor may introduce other witnesses, but not until after the defense has closed.

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Scott Called by Defense To Refute Conley’s Story

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

Atlanta Constitution
August 8th, 1913

SHOWS NEGRO LIED MANY TIMES

The defense sprang a surprise during the afternoon session whey they called Detective Harry Scott to the stand to testify to the third-degree under which Jim Conley had been placed at police headquarters and which process had exacted his three conflicting confessions.

Scott stated throughout his testimony that Conley had told conflicting stories on numerous occasions during his early imprisonment, and that had failed to tell the detectives much of the story which he related on the witness stand Tuesday and Wednesday.

Scott’s statement created a telling of fact and it is said to have caused the wavering of opinion of the negro’s story. According to the detective’s testimony Conley’s story from past records showed itself to be an unfathomably mess of fabrications.

The Pinkerton man was not removed from the stand until the adjournment of the afternoon session.

He was questioned by Luther Rosser.

“You had information on Monday following the murder that Mrs. Arthur White had seen a negro loitering on the first floor, didn’t you? Did you give it to the police?”

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