Tag Archives: Atlanta Georgian

Supreme Test Comes as State Trains Guns on Frank’s Character

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Atlanta Georgian
August 17th, 1913

Defendant Will Take the Stand Early in Week to Give His Account of His Movements on Day Mary Phagan Met Death in Pencil Factory

ATTORNEYS SEEKING TO ESTABLISH COMPLETE ALIBI

Believed That Case Will Stand or Fall on Efforts of Prosecution to Prove Its Charge of Immorality Against Accused—Many Witnesses Called

BY AN OLD POLICE REPORTER.

The third week of the Frank trial came to an end at noon Saturday.

The defense has not yet concluded its case, but confidently expects to finish within the next day or two.

Its last card, and one of its biggest, will be the defendant’s statement. This statement is scheduled for the early part of this week.

It will mark the climax of the defense’s case, just as Conley’s story marked the climax of the State’s.

It became more and more evident as the case progressed during the past week that the defense is pitting Frank squarely against Conley—that it is to be Frank’s life or Conley’s life for little Mary Phagan’s, snuffed out cruelly nearly four months ago in the National Pencil Factory.

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Pencil Factory Model is Damaged in Fight

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Atlanta Journal
August 16th, 1913

Lamar Rucker and Max Swain, Reporter, “Scrap” Adjoining Court Room

A fight between Lamar Rucker, an attorney from Athens, and Maxwell Swain, representative of the Atlanta Star, at the trial of Leo M. Frank, badly damaged the six-foot long model of the pencil factory introduced by the defense and scanned by numerous witnesses on the stand in illustrating their stories.

The model had been stored in the press room, adjoining court.

Mr. Rucker, who formerly lived in Atlanta, and Mr. Swain were total strangers to each other until the encounter introduced them.

Mr. Swain insisted that Mr. Rucker had attempted bowdaceously to cut off his, Swain’s mustache—which, incidentally, is a mustache among mustaches.

Mr. Rucker did not explain his side of the disagreement.

In their struggle, Mr. Rucker to cut the mustache, and Mr. Swain to compel a desistance, they sat down upon the model, whereupon a report started among the facetious newspaper men that Mr. Swain had attempted to chuck Mr. Rucker down the elevator shaft.

Other newspaper men interfered, and all policing duties had been performed when one of the deputy sheriffs attached to the trial poked his head in the door and grinned.

* * *

Atlanta Journal, August 16th 1913, “Pencil Factory Model is Damaged in Fight,” Leo Frank case newspaper article series (Original PDF)

Mother’s Love Gives Trial Its Great Scene

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Atlanta Georgian
August 16th, 1913

By L. F. WOODRUFF.

Every human emotion has been paraded during the long three weeks of the Frank trial.

There has been pathos. Comedy has opposed tragedy. Science has met sympathy. Truth has been arrayed against fiction. Negro has conflicted with white.

The erudite Arnold has matched wits with the thick-lipped, thick-skulled Conley. Luther Rosser, stern, determined and skillful, has had to try to meet the machinations of a brain of a cornfield negro, Newt Lee.

Hugh Dorsey, young and determined, Frank Hooper, smiling and ambitious, have breast to breast encountered the battles of Rosser and the rapier of Arnold.

There remained but one thing—the dramatic touch that sends the violins trembling a high crescendo and the hearts of the audience beating a long roll in double time.

It was furnished during the past week.

The Mother’s Part.

It was furnished by the person that a Belasco would have picked for the part. The touch was added by the person to whom the trial means more than a seat in high heaven—a woman whose son is on trial for his life.

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Many Testify to Frank’s Good Character

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Atlanta Georgian
August 16th, 1913

Nearly half a hundred witnesses testified in behalf of Leo M. Frank Friday. As a climax to the day’s proceedings in Judge Roan’s court the defendant’s mother, Mrs. Rae Frank, went on the stand to add her testimony to that which she hoped would save her son from the gallows.

Virtually all who were called were character witnesses. Near the close of the day Reuben Arnold announced that he proposed to call every woman and girl employed on the fourth floor of the pencil factory, as well as many from the other floors, to testify to Frank’s conduct about the factory and his attitude toward the girls in his employ.

He called three before the close of the day and explained to them in advance that he was going to ask them questions which he planned to direct at every girl employee called. He then asked them if they ever had had any part in the gay parties that the State has said took place in Frank’s office either during or after factory hours. He asked them if they ever had drunk beer in Frank’s office or ever were there for a questionable purpose. All of the witnesses denied knowing of or participating in any such parties.

Frank’s lawyer said that he would continue this line of questioning with all of the women he called from the factory. The testimony was obtained to discredit the stories of some of the State’s witnesses charging that Frank was in the habit of entertaining women in his office.

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Statement by Frank Will Be the Climactic Feature of the Trial

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Atlanta Georgian
August 16th, 1913

By JAMES B. NEVIN.

The defense is nearing its end in the Frank case.

A few more character witnesses—there seems to have been no difficulty whatever in securing character witnesses by the score to testify in behalf of the defendant—the statement of Frank, and the defense will rest.

The State will soon introduce its witnesses in rebuttal of the defense’s character witnesses, and along other lines. Not improbably, the State will undertake to rebut in a measure the defendant’s personal statement.

The entire case should go to the jury Monday or Tuesday—meaning by that that the argument should begin then.

The State has been all along much more sensational and spectacular than the defense. That generally is the way these cases go, and in respect of that, therefore, the Frank case has not been particularly remarkable.

In the length of time required to develop fully both sides, however, the case is in a class by itself, so far as Georgia is concerned.

The Frank case has been noticeable, too, because of the fact that women have been excluded from the courtroom practically from the beginning of the trial—and yet in the main there hasn’t been a great deal said in the courtroom that might be called particularly offensive, as those things go.

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Girls Testify For and Against Frank

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Atlanta Georgian
August 16th, 1913

‘I’D DIE FOR HIM!’ CRIES ONE, CONVULSING COURT

CLUB AND ENVELOPE FOUND BY PINKERTON MAN PUT IN EVIDENCE

Two factory girls, one of them defending Leo M. Frank with all the eloquence at her command, and the other admitting that she had known of the factory superintendent opening the door to the girls’ dressing room on three different occasions and looking in, formed the center of interest among the score of witnesses who were called Saturday by the defense. They were Miss Irene Jackson and Miss Sarah Barnes.

Miss Jackson, daughter of County Policeman Jackson, testified on direct examination that she never had known of any improper conduct on the part of Frank, and that his character was good. Cross-questioned by Solicitor Dorsey she admitted that she had been in the room where the girls change from their street to their working clothes and had witnessed Frank open the door, look in and then turn around and leave. Once she said, Miss Emmeline Mayfield was in the room with her. On another time her sister was there, and on a third occasion, she said Miss Mamie Kitchen was the other girl in the room.

She said that her sister had started to quit at the time Frank opened the door when she was in the dressing room. The witness also was asked if N. V. Darley, general manager of the factory, ever had made the remark at the time several girls were thinking of quitting the factory directly after the murder that “if the girls stick by us through this, they won’t lose anything by it.” Miss Jackson said she had heard Darley say this. Miss Jackson quit work the day after the body was found.

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Testimony of Girls Help to Leo M. Frank

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Atlanta Georgian
August 15th, 1913

In the presentation of its alibi for Leo M. Frank, the defense probably accomplished more Thursday than it had in all of previous time since the prosecution rested its case. Frank’s lawyers had promised that they would show where Frank was practically every minute on the day the murder of little Mary Phagan was committed and would demonstrate that it would have been impossible to carry out the disposal of the slain girl’s body and the writing of the notes as the negro, Jim Conley, described them.

If their alibi witnesses are to be believed, the lawyers appear to have fairly well accomplished this. On the credibility of one young witness, pretty Helen Curran, of No. 160 Ashby street, the whole alibi may stand or fall. She could, of course, be proved mistaken in her statement that she saw Frank at 1:10 o’clock standing at Jacobs’ Pharmacy, Whitehall and Alabama streets, awaiting a car home from the factory on the afternoon of the murder, and the remainder of the alibi witnesses remain unimpeached, but it would serve to weaken the alibi materially.

Apparently Disinterested.

She is at once the most important and the most disinterested of the witnesses who have testified to seeing Frank immediately after the State says the crime was committed. If Frank was at Whitehall and Alabama streets at 1:10 o’clock, it would have been almost beyond human possibility for him to have taken part in the disposal of the girl’s body, which Conley said was undertaken at 12:55 and finished about 1:30, together with the writing of the notes in Frank’s office.

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What ‘They Say’ Won’t Hurt Leo Frank; State Must ‘Prove’ Depravity

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Atlanta Georgian
August 15th, 1913

By JAMES B. NEVIN.

There is nothing apparently so plain to outside observation as character—just character—and there is, strange to say, nothing so difficult at times to prove.

“They say” and “but” are the two most notorious scandalmongers in the universe—“they say” so and so’ and he or she is all right, “but!”

Character, upon which so much depends in this world, upon which civilization itself and decency and right is founded, is, nevertheless, the most elusive of all things when it comes right down to brass tacks of proving it beyond the shadow of a doubt.

Human nature, too, for some curious and vague reason, seems rather to relish the downfall of character and the undermining of reputation—and that, moreover, the while it is vehemently and rather piously assuring itself that it does nothing of the kind!

Kind words travel on leaden feet—gossip gallops in seven-league boots!

Pessimist?

Not at all—just truthimist, that’s all!

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Frank Prepares to Take Stand

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Atlanta Georgian
August 15th, 1913

Defense’s Attorneys Expect to Rest Case To-day

CLIMAX NEAR IN GREAT COURT FIGHT; CROWDS AGAIN FLOCK TO TRIAL

Interest in the trial of Leo M. Frank surged upward magically Friday when it was reported about the courtroom that the defense was nearing the close of its case, and that the defendant himself would be placed on the stand within a short time to make his only statement before his fate was placed in the hands of the twelve jurors.

The rumor spread outside the court house mysteriously and an unusual number sought admittance early in the day, although it was regarded as most unlikely that Frank would go to the stand until afternoon. Luther Rosser said he thought he would call the defendant about the middle of the afternoon. Attorney Arnold announced the defense probably would rest by night.

As the last witnesses were being called by the defense, Frank, his wife and his mother viewed the proceedings with the same calmness that has marked their demeanor since the trial began, with the exception of the outburst of the mother two days before. On Friday she looked steadfastly downward and slightly toward the judge’s bench as though she might be having some difficulty in maintaining her attitude of confidence and calmness.

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State Fights Frank’s Alibi

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Atlanta Georgian
August 14th, 1913

CONLEY ADMITTED MIND WAS BLANK DAY OF CRIME, GIRL SAYS

NEGRO DRUNK DAY OF CRIME, MISS CARSON SWEARS HE TOLD HER

Miss Helen Curran, a pretty girl of 17 years, proved one of the strongest witnesses Thursday for the defense in establishing what will be claimed as an alibi for Leo M. Frank. She testified that she saw Frank at 1:10 o’clock the afternoon Mary Phagan was murdered standing by Jacobs’ Drug Store, Whitehall and Alabama streets, apparently waiting for his car home.

The State fought hard against the “alibi” witnesses.

The defense devoted most of the forenoon session to producing persons who had seen Frank on the day of the tragedy. Miss Curran was probably the most important as she was the only one who professed to have seen Frank immediately after the time he has stated he left the factory.

Others were called who saw him as he arrived home at about 1:20 o’clock, or as he was on his way back to the factory later in the afternoon. It was the purpose of Frank’s lawyers, so far as they could, to account for every minute of his time during the day.

Appreciating that the case of the State against the defendant was hit by Miss Curran’s story, Attorney Frank A. Hooper made a determined effort to confuse or break down the young witness, but failed to shake her in the least.

The significance of the girl’s testimony is apparent in the light of Jim Conley’s story. The negro said he and Frank started to dispose of Mary Phagan’s body at 12:56. Allowing two minutes for Frank to get from the factory to Whitehall and Alabama streets, he would have had to leave the building at 1:08. This would have left but 12 minutes for the two to dispose of the body and do everything else the negro mentioned.

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Steel Workers Enthralled by Leo Frank Trial

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Atlanta Georgian
August 14th, 1913

There is one class of men to whom death is supposed to hold no horrors. They can not think of it and earn their daily bread. Were the fear of loss of life to enter their brain for one single second during their daily task, they would be as useless as a motorless automobile.

Their pay is high for scorning the grave. They can see one of their companions fall victim to the perils of their calling and go back to work on the same job a few minutes later without a tremor, and encounter those same dangers with footstep firm and their minds only on the work they have to do.

These men are the structural steel workers. They are as picturesque a class as the struggle for dollars has developed. The fascination of their calling is universal. No man can pass the place where a building is slowly reaching its way into the clouds without standing in an awe-struck trance watching these men scamper around between heaven and earth as though they were walking about a place as safe as the quiet walk under the shade trees of Grant Park.

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State’s Sole Aim is to Convict, Defense’s to Clear in Modern Trial

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Atlanta Georgian
August 14th, 1913

By O. B. KEELER.

Right in the first jump, please understand that (1) this is merely the opinion of a layman, unlearned in the law; that (2) he may be the only layman in existence who feels this way about it; and (3) the Frank trial is not being singled out in the following comment, except as it is a fair example of the great criminal trials of this country.

In following the trial of Leo Frank, two points keep prodding me with increasing fervor.

These are the points:

(1) That the prosecution’s efforts are centered on producing evidence that will convict Leo Frank.

(2) That the efforts of the defense are devoted to producing evidence that will acquit Leo Frank.

Now, having read thus far, you probably are smiling to yourself at the idea that anybody should undertake to write a newspaper story about a great trial, basing it on such an absurdly simple and obvious observation.

State’s Evidence All Damaging.

That (you say) is something every body knows.

That (you say) is taken for granted.

Nevertheless (I say) that doesn’t make it right.

I sat in Judge Roan’s courtroom, right at the edge of the jury box, and I heard the State present its case.

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Defense Slips Load by Putting up Character of Leo Frank as Issue

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Atlanta Georgian
August 14th, 1913

By JAMES B. NEVIN.

The defense in the Frank case did the expected thing when it boldly and unequivocally put Frank’s character in issue.

It indicated its confidence in the justice of the defendant’s cause in doing that, and it met thus a crisis that it hardly could have successfully overcome otherwise, if it so happen that it does overcome it eventually.

Having taken the initiative in the matter of thrashing out Frank’s character, the State will now be forced to make out an unmistakable case of bad character against Frank, or it is likely that the State’s injection of the sinister charge against him, in addition to the charge of murder, may operate as a boomerang to the State’s great hurt finally.

It is not to be wondered at that the defendant’s mother, tried and racked in spirit and pride as she surely must have been, should have let her feelings overcome her for an instant during the course of Wednesday afternoon’s hearing. I do not suppose it is even remotely possible for any person not a mother to understand all she has gone through.

Her vehement protest against the vile things being said and hinted about her boy—true or untrue, though such things always are untrue in mother love, I take it—serves to illustrate, however, how very vital to the defense now is the establishing of Frank’s good character.

I doubt that anything thus far said to the jury has so profoundly impressed it as the unspeakable thing Conley said of the defendant. The jury is only human, and it can no more dodge impressions than other people can.

Impression Must Be Erased.

The defense is up against the herculean task of removing all of that impression from the mind of the jury—the twelve minds of the jury, indeed—for it will not do to leave even a fraction of Conley’s story undemolished!

Manifestly, therefore, the defense could not, if it would get away altogether from the matter of Frank’s character. It found itself necessarily forced to the other extreme of the situation set up by the State.

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State Wants Wife and Mother Excluded

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Atlanta Georgian
August 14th, 1913

Call New Witnesses to Complete Alibi

WIFE AND MOTHER OF ACCUSED ARE WARNED AGAINST OUTBREAKS

Nearly a score more of alibi witnesses were to be called by the defense in the Frank trial when court opened Thursday morning. Frank’s attorneys thought that they would not be able to coincide before the early part of next week.

A number of character witnesses also will be called before the defense ends its case in behalf of the factory superintendent.

Solicitor Dorsey, before the jury was brought in, said he wanted to make a request that the mother and wife of Leo M. Frank be excluded from the court as the witnesses have been because of the outbreak of the elder Mrs. Frank Wednesday afternoon.

“I appreciate the feeling of the wife and mother,” he said, “it is a terrible strain on them. I am sorry for them. But I must have protection and I think they should be excluded when we are subjected to outbreaks like that of yesterday.”

Attorney Reuben in reply said:

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State Calls More Witnesses; Defense Builds Up an Alibi

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Atlanta Georgian
August 13th, 1913

In anticipation of the close of the defense’s case, the State Tuesday afternoon subpenaed a number of new witnesses to be called in the event that Frank’s character was put in issue. It was said that Solicitor Dorsey had prepared against this move by the defense by getting affidavits from many persons who claimed to know the defendant.

An effort by the State to obtain testimony reflecting on the morality of Frank was resisted strongly by the superintendent’s attorneys Tuesday. Solicitor Dorsey failed to get the answers he desired from the witness, Philip Chambers, a 15-year-old office boy, but Attorney Arnold moved that all of the testimony bearing on this matter be ruled out, although the boy had testified favorably to Frank.

The lawyer threatened that he would move for a mistrial if any further effort were made to introduce testimony of the sort which he branded as irrelevant and immaterial, as well as being defamatory, slanderous and highly prejudicial. He was sustained in his objection.

Alibi Being Established.

The defense had progressed considerably in establishing what it proposes to make an iron-clad alibi for Frank on the day of the murder when court adjourned Tuesday.

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Both Sides Aim for Justice in the Trial of Frank

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Atlanta Georgian
August 13th, 1913

With Judge, Jury and Councillors Performing Duty Well, Square Deal Is Assured.

By Jas B. Nevin.

In considering the Frank trial, particularly with respect to the length of it, and the thoroughgoing exhaustiveness of the hearing, it must be borne in mind that the establishing of justice is the main object of both sides, and that, therefore, patience and poise are absolutely necessary in those who would be fair—fair not only to Frank, but to the State also.

With the average citizen, the home-loving and upright citizen, the Frank trial should be largely an abstract proposition.

As Frank Hooper himself has said, State’s counsel that he is:

“It is not so much a question of convicting Leo Frank, as it is a question of convicting the murderer of Mary Phagan.”

The Solicitor General, Hugh M. Dorsey, is entitled to full and complete praise for the careful and painstaking labor he has put into the case.

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Frank’s Mother Stirs Courtroom

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Atlanta Georgian
August 13th, 1913

Leaps to Defense of Son at Dorsey’s Question

FRANK’S CLASSMATES AT COLLEGE TELL OF HIS GOOD CHARACTER

A sensation was created in the courtroom during the cross-examination of Ashley Jones by Solicitor Dorsey at the Frank trial when Mrs. Rea [sic] Frank, mother of the defendant, sprang to her feet with a denial of intimations made by the Solicitor reflecting on her son.

“Mr. Jones, you never heard of Frank having girls on his lap in the office?” Dorsey had asked.

“No; nor you neither!” cried Frank’s mother.

“Keep quiet, keep quiet; I am afraid you will have to sit here and listen to this a long time,” said the Solicitor.

Mrs. Frank broke into tears and was assisted from the room, crying: “My God, my God!”

Mother and Wife Set With Bowed Heads.

The Solicitor’s examination of Jones had been of a most sensational nature and during the portion of it leading up to the interruption by Mrs. Frank the mother of the defendant and her daughter sat with lowered heads listening to the questions and answers.

Following the outbreak, Attorney Arnold jumped to his feet and shouted: “Your honor, this is outrageous. We are not responsible for the lies and slanders that cracked-brain extremists have circulated since this murder occurred.”

“I will rule that the Solicitor can not ask anything that he has heard since the murder,” replied Judge Roan. “He can ask on this cross-examination what happened before.”

“Your honor,” returned Solicitor Dorsey, “I am not four-flushing about this. I am going to present a witness to prove the charges.

Attorney Arnold interrupted the speaker.

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People’s Cry for Justice Is Proof Sentiment Still Lives

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Atlanta Georgian
August 12th, 1913

By L. F. WOODRUFF.

There is as much sentiment in the world to-day as there was in 1861 or 1776 or 1492 or 1066 or any other date that may come to your recollection.

It’s not fashionable to say so, but it’s true. People to-day are too prone to accuse themselves and their neighbors of being worshippers Mammom and declaring that the money-grubbing instinct has crushed out sentiment, patriotism and honesty.

But right now in Atlanta, there is a striking example of the goodness that is man’s to-day, just as much as it has ever been.

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Attacks on Dr. Harris Give Defense Good Day

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Atlanta Georgian
August 12th, 1913

The defense had what was probably its best day on Monday. Medical experts were on the witness stand the larger part of the day. The purpose of their testimony was to knock down, one after another, the sensational statements of Dr. H. F. Harris, secretary of the State Board of Health. All of the witnesses joined in ridiculing every important theory or conclusion that was reached by the distinguished chemist and physician.

Experts for Defense.

These are the medical experts called by the defense to combat the testimony of Dr. Harris:

Dr. Willis F. Westmoreland, first president of the Georgia State Board of Health, and president of the Atlanta College of Physicians and Surgeons.

Professor George Bachman, demonstrator in physiology at the Atlanta College of Physicians and Surgeons; formerly one of the faculty of the Jefferson Medical College, Philadelphia.

Dr. T. H. Hancock, a specialist in surgical practice.

Dr. J. C. Olmstead, a graduate of Columbia University, and a practitioner in Atlanta for 32 years.

Here is a summary of Dr. Harris’ theories on the death of the Mary Phagan and the consensus of the four medical experts’ opinions in regard to the theories:

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Frank Trial Witness is Sure, At Least, of One Thing—a ‘Good Ragging’

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Atlanta Georgian
August 12th, 1913

By JAMES B. NEVIN.

Reader, proverbially gentle, if not always so, be glad, be joyful, and be filled with exceeding thankfulness that you have not been summoned, no matter which way, as a witness in the Frank trial!

Of course, there is a large, fat chance that you have been summoned—most everybody has—but be all those nice things aforesaid, if you haven’t.

And even at that, knock on wood.

The trial is young yet—it is not quite three weeks old, three weeks, count ‘em—and there still is time for somebody or other to remember that you may know something or other about something or other that may have something or other to do with the case.

Anyway, if you can’t be glad and all the rest of it, be just as glad and as nearly all the rest of it as you can, while the being is good or in anywise promising.

If you are a witness in the Frank case, you are skating on about the thinnest ice ever—it makes no different whatever whose pond you are skating on.

You are ambrosia and cake to one side and you likewise are gall and wormwood to the other—be very sure of that!

If your wife will have anything at all to do with you, and if the neighbors love you any more, when you get back home, it will be entirely because one side or the other forgot to mention the fact that once upon a time you were a horse thief, or somebody said you were a horse thief, or that you had an uncle who was a horse thief, or some pleasant little thing like that.

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