Tag Archives: Atlanta Constitution

Mistrial Near When Jury Saw a Newspaper in Judge’s Hands

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

Atlanta Constitution
August 3rd, 1913

Inadvertent Action of Judge Roan Caused Quick Conference Between Attorneys for the Defense in Frank Case.

PRACTICALLY NOTHING NEW WAS INTRODUCED IN SATURDAY TESTIMONY

Dr. J. W. Hurt, County Physician, Takes Stand to Tell of Examination of the Dead Body of Girl—Testimony Conflicts With Harris’ at Times.

Practically nothing new was adduced from the testimony at Saturday’s session of the Leo M. Frank trial.

But by far the session—which lasted from 9 o’clock until 1 o’clock, adjournment being had until Monday—was fought with the keenest interest of any thus far held.

This was due to the fact that for a time it looked as if a mistrial might be called for by the attorneys for the defense, when inadvertently Judge Roan held up a copy of one of the afternoon newspapers containing a conspicuous headline in red ink in such a position that members of the jury could see it.

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Gay Febuary Tells Frank Jury About Statement Prisoner Made

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

Atlanta Constitution
August 2nd, 1913

Gay C. Febuary, secretary to Chief Newport A. Lanford, of the detective bureau, and recent figure in the sensational dictagraph episode, was called to the stand to testify to a statement made by Leo Frank on April 26 in Chief Lanford’s office.

It was during Febuary’s testimony that Frank’s statement was permitted to be produced before the jury. It was read by Attorney Stephens, an associate of Solicitor Dorsey.

Mr. Dorsey questioned Febuary:

“You were present at Lanford’s office when Frank and Luther Z. Rosser were there?”
“Yes.”
“Do you remember having made stenographic report of a statement made by Frank?”
“Yes.”
He was given the report for identification, which he established.

“What was Attorney Rosser doing during the time the statement was made?”
“Looking out of the window most of the time.”
Mr. Rosser began the interrogation at this point.

“You haven’t got a dictagraph with you,have you?” he asked sarcastically.

“No,” was the answer.

“Lanford sent for you to make this statement, didn’t he?”
“Yes.”
“You are Lanford’s private secretary?”
“Yes.”
“He has been chief of police for years?”
“He has been chief of detectives.”
“Chief of detectives, then, that’s just as bad.”

Here Rosser pointed to Lanford, sitting in a chair at the railing.

“That’s he—my handsome friend over there.”

* * *

Atlanta Constitution, August 2nd 1913, “Gay Febuary Tells Frank Jury About Statement Prisoner Made,” Leo Frank case newspaper article series (Original PDF)

Women and Girls Thronging Court for Trial of Leo Frank

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

Atlanta Constitution
August 2nd, 1913

Fully one-fourth of the big audience at yesterday afternoon’s session of the Frank trial was composed of women and girls. It was the largest crowd of the entire case, and, to the credit of Deputy Sheriff Miner and his force, was handled more effectively than at any preceding session.

There were many strange faces. The women sat in conspicuous seats, fighting many times to obtain a location in view of the witness stand and the tables at which sat the state’s lawyers and counsel for the defense. Many were small girls, especially one, who did not look over 14, and who wore a big hat that covered a mass of brown curls.

There were all types of feminine auditor—the woman of social position and the working women, most of the latter coming into the courtroom later in the afternoon when their working hours were at an end.

* * *

Atlanta Constitution, August 2nd 1913, “Women and Girls Thronging Court for Trial of Leo Frank,” Leo Frank case newspaper article series (Original PDF)

Stenographer Parry Identifies Notes Taken at Phagan Inquest

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

Atlanta Constitution
August 2nd, 1913

Stenographer Parry, the official court stenographer, was next called to the stand to identify a number of notes he took at the coroner’s inquest held in police headquarters shortly after Frank’s arrest.

He was asked by Solicitor Dorsey:

“Did you report the coroner’s inquest over the body of Mary Phagan?”

“Yes.”

“Did you take a statement from Leo Frank?”
“Yes.”

The solicitor showed the stenographer’s notes.

“Is that your report?”
“Yes.”

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Husband of Minola McKnight Describes Movements of Frank

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

Atlanta Constitution
August 2nd, 1913

Albert McKnight, colored, the husband of Minola McKnight, who made a startling affidavit for the police in regard to circumstances at the Frank home on the night of the murder, followed Febuary to the stand.

“What is your wife’s name?” the solicitor asked.

“Minola McKnight.”

“What does she do?”
“Cooks at Mrs. Selig’s home.”
“How long has she held that place?”

“For two years.”
“Where were you about 1 o’clock on the afternoon of April 26?”

Saw Frank April 26.

“I was at Mr. Frank’s home.”
(The Franks have been living with the Seligs, Mrs. Frank’s parents.)

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Policeman W. F. Anderson Tells of Newt Lee’s Telephone Call

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

Atlanta Constitution
August 2nd, 1913

W. F. Anderson, the policeman who answered the telephone when Newt Lee called police headquarters on the morning of the discovery and who went with the police squad to the scene, was next called to the stand.

“About 3 o’clock on the morning of April 26 where were you?” he was asked by the solicitor.

“At police headquarters.”

“Did you have a telephone call about that time?”

“A man called from the National Pencil factory and said a woman had been killed. I asked was it a white woman or negro, and he answered that she was white.”

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Negro Lurking in Factory Seen by Wife of Employee

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

Atlanta Constitution
August 2nd, 1913

Mrs. Maggie White, wife of John Arthur White, who was at work on the fourth floor of the National Pencil factory part of the day upon which Mary Phagan was killed, was the first witness the state called to the stand Thursday morning in the Frank trial.

The witness told of going to the factory twice on that day to see her husband, and of seeing Frank on both occasions, and also of seeing a negro lurking behind some boxes on the first floor.

“How long has your husband been working for the National Pencil factory?” Solicitor Hugh Dorsey asked after the usual questions as to her identity.

“About two years,” she replied.

“Does he still work there?”

“Yes.”
“Was he at the factory on April 26, and at what time?”

“Yes, he was there; I left home to go there about 7:30 in the morning. I saw him there when I first went there about 11:50, and when I came back at 12:30 he was still there.”

“Who else did you see there?”

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Startling Statements Made During 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 2nd, 1913

Making the startling declaration that Mary Phagan had been killed within thirty or forty-five minutes after she had eaten dinner, Dr. Roy F. Harris, state chemist, took the stand during the afternoon session yesterday.

It was Dr. Harris who made the autopsy upon the body when it was disinterred in Marietta on May 5. He brought with him into court specimens of predigested cabbage which had been removed from the slain girl’s stomach.

He also testified to the effect that the girl had suffered violence before death and recited the condition in which he had found blood vessels and tissues of the girl’s organs.

He was questioned first by Solicitor Dorsey.

“What is your occupation?”

“I am a physician.”

“How long have you been a physician?”

“Since 1889.”

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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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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