Atlanta Georgian
August 18^th, 1913

By JAMES B. NEVIN.

It is rather an extraordinary thing that on this Monday, the beginning of the fourth week of the most remarkable murder trial ever held in Georgia, the interest should be in nowiseabated or lessened, and that the opening of court to-day saw the biggest, hungriest and most insistent crowd of curious spectators yet on hand at the opening of court.

Far from letting go the Phagan mystery, the public to-day seems to be gripping it even more eagerly than ever before.

Opinion still is widely divided as to the guilt or innocence of Leo Frank, and there have been many switches of conclusion and reversals of theory, pro and con, within the past week, and no doubt there is much more of the same sort of thing to come.

People to-day believe Frank guilty who started out believing him innocent, and the rule is working right around the other way, moreover!

Despite the many things that have been said and the countless things that have been written of the Frank trial and all that led up to it, it remains, on the threshold of its fourth week, the most absorbing melodrama ever enacted in Atlanta—the most bitterly fought and the most uncompromisingly contested trial known to the criminal history of the State of Georgia.

The principal parties to the case are, of course, Mary Phagan, the dead girl; Leo Frank, the defendant at bar, and Jim Conley, the grimly accusing negro.

Four months ago no one of these people was known to many Georgians.

Mary Phagan, a sweet little working girl, had a circle of perhaps a hundred friends—not 1 per cent of the population of Atlanta ever had heard of her.

Frank Little Known.

Leo Frank, the superintendent of the National Pencil Factory, was hardly known by very many more people—he had a business and college acquaintance, and a limited circle of social intimates. Not more than 2 or 3 per cent of Atlanta’s population ever had heard of him.

Jim Conley, the negro, more than well known in police circles, along the way of the “Butt In” bar in Peters street, and a familiar figure enough along Darkest Decatur, numbered among his respectable acquaintances not more than 50 people—if nearly so many—perhaps.

Now—less than four months after the terrible deed enacted in the pencil factory on Saturday, April 26—there is not a hamlet, a crossroads store or a country or city home in all Georgia that has not heard of every party to the sordid story, and that has not discussed everyone of them, together and singular, from every point of view imaginable!

It is more than morbid curiosity upon the part of people that prompts this great and never-flagging interest in the Phagan case—it is more than the mere fascination of crime that links the heart and mind of the people to it.

In the case of Leo Frank there is that indescribable element we call “human interest,” that vague and elusive thing that tugs at the heart-strings and nags at the conscience—there is the knowledge upon the part of the public that a monstrous crime has been committed, and that responsibility for it must be fixed, no matter the cost and no matter the effort!

The public does not clamor for Leo Frank’s life so much, nor for Jim Conley’s—it demands that responsibility for Mary Phagan’s brutal murder be fixed, and it will not be satisfied until that responsibility IS fixed.

At the same time, I believe—and I have believed all along—that the public wants to see justice done and fair play indulged in.

If Frank is not guilty he has been punished already beyond reason or reparation. He should be turned loose, with every amend decency and mistaken zeal may summon to their embarrassed effort at righting a frightful wrong.

If, however, he is guilty, and that is shown, then the inconvenience and discomfort accorded him thus far will matter little, if anything.

It is a tremendously big game the lawyers are playing in the stuffy little courtroom in the old City Hall Building.

One one side is the majesty of the law of the land, that must be maintained at any and all cost—that majesty of the law that may be invoked in behalf of the humblest no less than the highest. On the other hand is the defendant—an abstract thing in the sight of the law.

On one side is the great State of Georgia, calling for a “tooth for a tooth and an eye for an eye”—on the other side are those guaranteed rights of citizens, embodied in Frank, that must not be challenged lightly or without complete and compelling reason.

It is a Big Game.

It is a big game—it involves that most precious of all gifts of God, a human life, and a human reputation, a home and the happiness thereof. It is a game, nevertheless, that involves on the contrary a sinister charge of utter unworthiness upon the part of the man who still protests his rights to these precious gifts, jealously given of a Divine Power, and as jealously guarded by His laws, no less than by the laws of human beings.

One can not get away from the conclusion, cited many times, that, after all is said and done, Frank’s character will determine the verdict in the case now on trial.

His character will be found to be his greatest asset and his most sure dependence, in this his hour of pressing peril—as his lack of it, if shown, must prove to be his final and everlasting damnation.

Frank, by injecting his character in issue, has challenged the worst upon the part of the State.

He has cited scores of witnesses to uphold it—he has made a brave and maybe an abundant, showing.

The State, however, says it will break down that character—that it will show Frank’s unspeakable depravity, even as charged glibly and smugly by the negro, Conley, as yet uncorroborated by any person the most abandoned would care to believe.

If the State can do this thing—

Can it be possible that Frank, through all these years, has been leading a double life?

Can it be true that he has, while professing to be an honorable and upright man, a faithful husband, a dutiful and worthy son, a deserving and decent friend among his neighbors and his kind, nevertheless been, really, a moral degenerate, an ignoble and deceitful creature—and can it be that these things, so long and so cleverly concealed, at last led him to murder?

The State’s Contention.

The State holds that his family circle, his intimate social acquaintances, and his business associates, would, as a matter of fact, be the last people in the world to know the truth of Frank’s double life—for, say they, Frank would employ every artifice and summon to his aid every possible device to keep those very people from discovering the truth concerning him.

This, so the State contends, is precisely what Frank did do—and in that way they justify his alleged intimacy with Conley and his quick calling upon Conley for help, when eventually he found himself with the blood of a human being on his guilty hands.

The State is asking a good deal when it asks the public to believe this of Frank, in the light of the evidence of his good character tendered last week, and it hardly is possible that the public WILL believe it, unless the State makes its charges crystal clear.

Men will ask themselves—and will ask themselves wisely—whose reputation is safe, if it may be brushed away and broken down by the uncorroborated word of such a creature as Conley?

But, Conley uncorroborated in one thing—while Conley corroborated is quite and altogether another!

The State is yet to be heard in rebuttal of Frank’s character witnesses—and so judgement must be suspended pending their revelations.

The only point is—and it has been an evident point so long that to reemphasize it seems trite—the State must make good on its sinister charge of perversion and degeneracy upon the part of Frank, or its case will be greatly weakened, perhaps beyond repair.

I have an idea that Frank’s statement on the stand may weigh heavily in the minds of the jury.

Frank the Star.

Indeed, it is not improbable that the very best jury speech and jury argument put forth in defense of Frank, with all due appreciation and respect of and for Mr. Rosser and Mr. Arnold, will be made by Leo Frank himself!

His statement, although not sworn to, will carry an appeal that hardly can be framed of other lips—either that, or it will fall flat and stale and of no consequence whatever.

The trial long ago resolved itself into a matter of Frank vs. Conley.

It is the defendant’s word against the negro’s.

Both have self interest in the verdict—the life of one or the other must pay the forfeit of Mary Phagan’s murder.

The forthcoming statement of Frank, and the rebuttal of the character witnesses, constitute the two events ahead that may, within themselves, make or mar this case, as one may come to view it eventually.

And it is this situation, no doubt, that holds up the interest to-day, as the fourth week begins—for, despite all that has gone before, the case is not yet nearly ended, and there still remains many things undetermined.

* * *

Atlanta Georgian, August 18th 1913, “Leo Frank’s Own Story to Add Final Touch to State’s Greatest Trial,” Leo Frank case newspaper article series (Original PDF)

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

Atlanta Georgian
August 18th, 1913

That his married life has been very happy; that his office safe door was open and he could not see Mary Phagan as she spoke to him on leaving after drawing her pay; that he was in his office from 12 until just before going home to lunch.

PROFOUND IMPRESSION MADE BY PRISONER’S REMARKABLE STORY

FRANK LOOKS STRAIGHT AT JURY AND TELLS STORY DELIBERATELY

During his statement, Frank looked straight into the faces of the jurymen and talked very distinctly and deliberately. His voice was not very strong and the deputies had to rap frequently to keep down the noise.

From the lips of the man accused of the murder of Mary Phagan, came a remarkable story Monday afternoon, August 18, 1913.

The spectators in a densely packed courtroom listened with strained interest as Leo Frank told in graphic words of the events of the day which brought the charge of a terrible crime against him.

It is doubtful if a tale so clearly told, so thorough in its detail, so logically presented ever has been related in a Georgia court of justice by a man over whom has hung the accusation of a horrible murder.

His wife smiled affectionately at him when he told of his marriage to her and said with feeling: “My married life has been exceptionally happy; in fact, the happiest period of my life.”

His words, dispassionate at first, grew in force as he proceeded, but he seldom departed from his moderate tons of voice. The only exceptions were when he was referring to some particularly vital point.

At one point he adverted to one of the Solicitor’s charges that he had not done all the work on Saturday that his lawyers claimed for him. Frank displayed a sheaf of requisitions to the jurors, and said with a trace of heat:

“Notwithstanding any insinuations that may have been made, I wrote these requisitions!”

He brought out the closing words with a startling force he had not displayed before, emphasizing each word with a blow of his hand on the railing front of the jury box.

At another time he held up a long sample case of vari-colored pencils to the view of the jury.

Solicitor Dorsey objected to the display of the pencils on the ground that they had not been introduced as evidence.

Frank smiled and said to the jurors:

“I guess you have seen enough of the pencils to perceive there are a great many kinds.”

The spectators smiled with him as they saw he had accomplished all he desired.

Here is Frank’s story as it was told with its various interruptions:

Mr. Arnold: “Now Mr. Frank, such papers as you want to use you can come down here at any time or from time to time and get them on this table right here.

The Court: “Before you commence your statement, I want to read the law. In criminal procedure, the prisoner will have the right to make to the Court and jury such statement in the case as he may deem proper in his defense. It shall not be under oath and shall have such force as the jury shall think right to give it. They may believe it in preference to the sworn testimony in the case. The prisoner shall not be compelled to answer questions on cross-examination. He should feel free to decline to answer them. Now you can make such statement as you see fit.”

The defendant said: “Gentlemen of the jury, in 1884, the 17th day of April, I was born in Cuero, Texas. At the age of three months my parents took me to Brooklyn, New York, which became my home until I came South, to Atlanta, to make my home here. I attended the public schools of Brooklyn and prepared for college in Pratt Institute of Brooklyn, New York.”

“In the fall of 1902 I entered Cornell University, where I took the course of mechanical engineering, graduating after four years, in June, 1906. I then accepted a position as draughtsman with the B. F. Sturdevant Company, of Hyde Park, Massachusetts. After remaining with this firm for about six months, I returned once more to my home in Brooklyn, where I accepted a position as testing engineer and draughtsman with the National Meter Company of Brooklyn, New York”

Came to Atlanta In October, 1907.

“I remained with these parties until about the middle of October, 1907, when at the invitation of some citizens of Atlanta, I came South to confer with them with reference to the starting and operation of a pencil factory to be located in Atlanta. After remaining here for about two weeks I returned once more to New York, where I engaged passage and went to Europe. I remained in Europe nine months. During my sojourn abroad, I studied the pencil business and looked after the erection and testing of machinery which had been previously traded for.”

“In the first part of August, 1908, I returned once more to America, and immediately came South, to Atlanta, which has remained my home ever since. I married in Atlanta an Atlanta girl, Miss Lucille Selig. The major portion of my married life has been spent in the home of my parents-in-law, Mr. and Mrs. Emil Selig, at number 68 East Georgia avenue, Atlanta. My married life has been exceptionally happy. Indeed it has been the happiest days of my life.”

“My duties as superintendent of the National Pencil Company were in general as follows: I took charge of the technical and mechanical end of the factory, looking after the processes and seeing that the product was turned out in quality equal to the standard which was set by our competitors. I looked after the installation of new machinery, and the purchasing of any machinery, and in addition I had charge of the office work at the Forsyth street plant, and the lead plant on Bell street.”

Looked After the Purchase of Materials.

“I looked after the purchasing of the raw material. I saw after the manufacture of pencils and kept up with the market of these materials, and when the prices fluctuated so that the purchases could be made to the best possible advantage.

“On Friday, April 25, 1913, I arrived at the pencil factory on Forsyth street at about 7 o’clock, my usual time. I immediately started in on my regular routine work, looking over the papers I had laid out the evening before, and attending to any work that needed my special attention that morning.”

“At about 9:30 o’clock I went over to the office of the general manager and treasurer, Mr. Sigmund Montag, whose office is at Montag Brothers on Nelson street. I stayed over there a short time, and got what papers had arrived in the mail all the mail of the pencil factory comes over to their office. I got that mail and brought it back to the Forsyth street office. I then separated the mail and continued in my usual routine duties in the office on Forsyth street.

“At about 11 o’clock Mr. Herbert Schiff handed me the payroll book, covering the plants at Forsyth street and Bell street, for me to check over and see if the amounts and extensions were correct. Of course, this work has to be very carefully done, so that the proper amount of money is drawn from the bank. This checking took me until about 12:20 p.m.”

Went to Bank To Get Pay Money.

“I then went over to Montag Brothers, took the checks drawn and had them signed by Mr. Sig Montag, after which I returned ot Forsyth street and got the leather bag in which I usually carried the money and coin from the bank, and got the payroll slip, on which the various denominations which I desired to have on the payroll were made out, and went, accompanied by Mr. Herbert Schiff, my assistant, to the Atlanta National Bank, where I had the checks cashed.”

“Returning to the factory in company with Mr. Schiff, I placed this bag containing the money for the payroll, in the safe and locked it. At this time my wife called for me and in her company and that of Mr. Schiff I went over to the car, and went with my wife home to lunch. After lunch I returned to the factory and took a tour for about an hour through the factory, after which I then assisted Mr. Schiff in checking over the amounts on the pay envelopes, checking the money
against the duplicate slips that we had got from the bank to see that the correct amount had been given us, and helped Mr. Schiff in checking over the money and in filling the envelopes.”

“This took us approximately until a quarter to six to fill the envelope and sent them, and place them in a box we have there with two hundred pigeon holes in it, that we call our payoff box.”

Paid One Man Check in Cash.

“While I was so occupied with Mr. Schiff in filling the envelopes, a young man named Wright, who had helped us out in the office as clerk during the past week came in and I paid him in cash, as Mr. Schiff had neglected to put his name on the payroll. I just made out a ticket and put it in the payroll box, not the cash box, and continued in the office with Mr. Schiff, taking all the envelopes that were due the help that had worked from Friday, April 18 to Thursday, April 24, inclusive, to pay them through the window in one side of the office. There is a little window built in the hall. I had stayed in my office, checking over the amount of money which had been left there.”

“This amount should have been equal to the amount loaned out in advance to the help. I took a ticket out when we were filling the envelopes in checking this amount there. As near as I recollect it, it was about $15.”

“I noticed a shortage of about $1.20, or something over a dollar, at any rate, and I kept checking to see if I could find the shortage shortage in the various deductions which had been made. I could not locate it that evening, after the help had been paid off, during which time I stayed in my office. No one came into my office and asked me for the envelope or for an envelope of any other party.”

“After the paying off of the help had taken place, Mr. Schiff returned and handed me the envelopes which were left over, bound with an elastic band, and I put them in the cash compartment, which is different from the cash box, the key to which is kept in my cash box, and placed them in the safe, and Mr. Schiff placed the amounts in the box, and placed the box in the safe and left them.”

Tells of Putting Slips in Time Clock.

“I placed in the time clock slips which were to be used the next day. I took the two time slips dated April 25, which had been used by the help on Friday, April 25 these are the two that I put in the slot,” exhibiting the same to the jury.”

Mr. Dorsey thereupon vigorously protested that Mr. Frank shouldn’t be allowed to exhibit these slips to the jury, because they had not been offered in evidence on the grounds that they were immaterial and irrelevant, and on the second ground that he could not put them in evidence on his own statement.

Counsel for the defendant insisted, however, that they should be allowed to offer these slips in evidence as they had been testified to by Mr. Darley and others. The testimony, however, was not produced, and Judge Roan ruled that Mr. Frank might make any statement concerning the same, but that he would withhold his ruling until further investigation. Mr. Frank thereupon proceeded to explain to the jury.

“Gentlemen, as I was saying, these two slips that have April 26, 1913, written at the bottom are the two slips I put in the clock on the evening of Friday, April 25, to be used on the day following, which, of course, was April 26.”

“I neglected to mention also, in going over my duties at the factory, that Mr. Darley was superintendent of labor and manufacture, and it fell to his duty to engage the help and distribute the help throughout the plant, and to discharge the help in case it was necessary. It was also due to him whether the wages were raised or not. In other words, he was the man that came directly in contact with the help. Moreover, he saw that the goods processed through the plant without stopping, speedily and economically for their manufacture.”

“On Friday evening (April 25th) I got home about 6:30 o’clock, had my supper, washed up, and with my wife played a game of suction bridge at a friend’s home in the evening. My wife and I returned home and retired about 11 o’clock.”

“On Saturday, April 26, I rose between 7 and 7:30 o’clock and leisurely washed and dressed and ate my breakfast, and caught a Washington Street or Georgia Avenue car. I don’t really remember which, at the corner of Washington and Georgia avenue, and arrived at the factory, the Forsyth street plant, at about 8:20 o’clock.”

“Upon my arrival at the factory I found Mr. Holloway, the day watchman, at the usual place, and I greeted him in my usual way, and found Alonzo Mann, the office boy, in the office.”

“I took off my coat and hat and opened my desk and opened the safe, and removed the various books and files and wire trays containing the various important papers which were placed there the evening before and distributing them in their proper places about the office. I then went out to the shipping room and conversed a few minutes with Mr. Irby, who was at that time shipping clerk, about the work he was going to do that morning.”

“According to my recollection, we did no shipping that day, owing to the fact that the freight offices were not receiving any shipments, due to the fact that it was a holiday.”

“I returned to my office and looked through the papers and sorted out those which I was going to take over on my usual trip to the general manager’s office that morning.”

“I then turned to the invoice covering shipments which were made by the pencil factory on Thursday, April 24, and which were typewritten on Friday, April 25, by Miss Eubanks, who was the stenographer who stayed at my office. She had hurried through with the office work on the day previous, so that she could go home and spend the holiday in the country where she lived. But I didn’t get to check over the invoices on the shipments on Friday, due to the fact that Mr. Schiff and myself were completely occupied the entire day. So we left the factory with the payroll. So that naturally, these invoices covering shipments which were made on April 24, ought to have been sent to the customers, and I got right to work checking them.”

Shows Invoices to Jury First Time.

“Now I have these invoices here, (Frank taking up the papers and exhibiting them to the jury). These papers have not been exhibited to you before, but I will explain them. You have seen some similar to these.”

“Of all the mathematical work in the office of a pencil factory, this very operation, this very piece of work that I have now before me is the most important. It is the invoices covering shipments and is sent to the customer, and it is very important that the prices are correct, that the amount of goods shipped agrees with the amount which is on the invoices, that the terms are correct, and that the price is correct. Also, in some cases, there were freight deductions, all of which has to be very carefully checked over and looked into, because I know of nothing else that exasperates a customer than to receive invoices which are incorrect.”

“Now, with reference to the work I did on these orders that is not such an easy job as you might be led to believe. Here are initials. They represent the salesman who took the order. Sometimes, I have to go to through a world of papers to find out to whom to credit these orders.”

“I notice that one of the orders to R. B. Kindele calls for a specialty. That has to be carefully noted and recorded. One column represents the shipping point, another the date, etc.”

“The next step is to fill in the orders on this sheet. On this sheet I must separate the orders into price groups. Evidently no work has been done on this sheet since he went away. The reason this is done in the pencil business as in all manufacturing business it is advantageous to sell as much of the high priced goods as possible.”

“This sheet is the only means of telling how much of the various goods we are selling. It is the barometer of our business and requires most careful work.”

Declares He Wrote Financial Sheet.

“After I have finished that work I have had to do this, and not withstanding any insinuations that have been made, I wrote these requisitions.”

Frank read the name on each requisition, which were the same as the names on the orders.

“Now that is all my handwriting, except what as written at a subsequent date to April 26.”

“Well, moreover, this operation this morning took me longer than it usually takes the ordinary person to check invoices because usually one calls out and the other checks, but I had this work all myself that morning. As I did this work this morning I saw that Miss Eubanks had evidently sacrificed accuracy to speed, and everyone of them was wrong. I went over the invoices to make the corrections, figure them out, correct them, and made deductions, if any were to be made, and then get the total shipments, because isnce these shipments were made on April 24, which was Thursday and the last day of our fiscal week, and it was on this week which the financial report which I make out every Saturday afternoon, which has been my custom, so that the total shipments could be figured out, and therefore I could not let it go out at that, so I had figure every invoice in its entirety, so I could get a figure I would be able to use.

“The first order here is to Hilton, Hart & Kern Co., Detroit, Mich. Here is the original order, which exists in our files in our office. Here is the original transaction which was made March 18, but it was not to be shipped until April 24. This is a small order, 100 gross of Number 2; and here is an order of the Packard Motor Car Company for 125 gross of No. 3, and 150 gross of No. 4. Those figures represent the grade of hardness of the lead in the pencil.”

Explains How Orders are Filled.

Frank thereupon explained how such orders were usually filled, whether in part or in whole, and how the shipments were made, and continuing said:

“In investigating shipments made by the pencil company our method is as follows: We make them in triplicate. Our first original is a white sheet that goes to the customer; the second is a pink sheet that goes over to the general manager’s office and is filed serially, that is chronologically, that is, one date after the other, and from that the charges are made on the ledger, and the last sheet, the third sheet, or yellow sheet, which is here (exhibiting it) and those are place in the files in my office, and are filed alphabetically. These yellow sheets that I have here are not the yellow sheets I had that day, because they have since been corrected, and I am just taking the corrected sheets I made the corrections and Miss Eubanks corrected them on Monday by the corrections I had on the white sheet from the corrections I made and I presume at that time made that correct.”

Mr. Frank exhibited to the jury various orders similarly written, to H. W. Williams and Company, of Forth Worth, Tex.; The Fort Smith Paper Company, of Fort Smith, Ark.; S. O. Barnum & Sons, of Buffalo, N. Y.; F. L. Schmidt and Company, of Chicago, and H. S. Kress and Company, of New York.

“Now, there is an order that takes a great deal of study (referring to other Kress order) because in common with these five and ten cent syndicates, there is a great deal of red tape. These are invoices that were typed on April 25, Friday, and were shipped on April 24. It was the date on which the shipment was made irrespective of the date there, (referring to the date on the letter) and these were typewritten. In other words, shipments took place April 24, and that date was at the top, typewritten and stamped by the office at the bottom, April 24. Among other things that the S. H. Kress Company demand on their orders, we must state whether or not it is complete, must give the case number, and must tell by which railroad the shipment goes.

Checking Made Hard By Much Red Tape.

“Here is one for F. W. Woolworth and Company, Fort Wayne, Ind., which shows 35 pounds, less 86 cents per 100 pounds credit. In other words, we had to find out what was the weight of that was on a basis of 86 cents for every 100 pounds shipped. Then here is another of our large distributors in New York. They have a freight allowance of 86 cents a 100 pounds also, and their shipments amounted to 618 pounds on Thursday, April 24.

“I started on this work. As I said, I have gone in it in some detail, to show you the carefulness with which the work must be carried out, and I was at work on this until about 9 o’clock, as near as I remember.

“Mr. Darley and Wade Campbell, the inspector of hte factory, came into the outer office and I stopped what work I was doing, which was this work, and went to the outer office and chatted with Mr. Campbell for ten or fifteen minutes, conversed with them, joked with them and while I was talking with them, I think about 9:15, or a quarter after 9, Miss Mattie Smith came in and asked me for her pay envelope, and the envelope of her sister-in-law. I went to the safe and got out the package of envelopes that Mr. Schiff had given me the evening before, and placed the two remaining envelopes in my cash box, as I considered they might come in and I wanted to have them near at hand so that I could pay them off when they came in. I keep my cash box on the lower side of my desk. After Miss Smith had gone away with the envelopes, in a few minutes Mr. Darley came back with one of the envelopes, and pointed out an error in one of them, the one of the sister-in-law of Miss Mattie Smith, who had gotten too much money.

“When I took the amount which was too much, that amount balanced the error in the payroll that I had noticed the night before, and left about five or ten cents. Those things generally right themselves, anyhow. I continued to work on these invoices when I was interrupted by Mr. Lyon, the superintendent of Montag Brothers, and he brought me a pencil display box. He seemed to be in a hurry, and I told him if he would wait a minute I would go over with him, but he passed out of the office, and then I found a stopping place in the work I was working on, and I put on my coat and when I got to the outer office I found that Mr. Lyon had already left.

“Mr. Darley and I left about 9:35 or 9:40, and we got out of the factory and stopped at the corner of Hunter and Forsyth streets, where we each had a drink at Cruickshank’s soda fountain, and I bought a package of my favorite cigarettes.

“After that conversation there I left him and went alone to Montag Brothers, where I arrived about 10 o’clock or maybe a little after. I entered Montag Brothers and spoke to Mr. Sig Montag, general manager, on business, and he brought the papers which I collect and laid them on his desk, and I then took the papers out, thrust them in the folder and took the other papers which I had in my folder, and […]

LEO FRANK’S OWN STORY ADDS FINAL TOUCHES TO STATE’S GREATEST TRIAL

[…] then distributed them at the proper places in the Montag plant. I don’t know just which ones they were.

Conversation With Miss Hall Recalled.

“In chatting with Mr. Montag I spoke to Mr. Montag and Mr. Korse, after that I spoke to Miss Hattie Hall, the pencil company’s stenographer, who stays at Montag Brothers, and asked her to come over and help me that morning, as I have already told you, that these invoices were wrong, and I wanted her to help me on that work, and could not take it up to-morrow. In fact, I told her I had enough work to keep her busy that whole afternoon if she would stay. She said she didn’t want to do that; she wanted to have at least a half holiday.

“I then spoke to members of the Montag Brothers force, on business matters, and then other matters. Also I then spoke to Mr. Guttenheim, who was sales manager of the Montag Brothers and of the pencil factory, and then spoke to him about several of his orders that were in the factory. There were two of his orders that he paid special stress on that were desired to be shipped right away. I said, ‘I don’t know how una [sic] far along in the process of manufacture the orders have proceeded, but if you can come back I can look it up and tell you when they can be shipped.’ He said he could not come then, but he would come a little later. I told him I would be glad if he would come up a little later on in the afternoon; that I would be there until about 1 o’clock in the morning, and then about half past three. I then took the folder and returned.

Arrived at Factory At About 11 o’Clock.

“Upon arrival at the pencil factory I went up to the second or office floor, and then I noticed that the clock was perhaps five minutes after 11 o’clock, and I saw Mr. Holloway there, and I told him he could go as soon as he got ready. He told me he had some work to do for Harry Denham and Arthur White, who wanted to do some repairing on the top floor, and that he would do the work first.

“I then went to the office, and found Miss Hattie Hall, who had preceded me from Montag Brothers, and another young lady, who introduced herself to me as Mrs. Arthur White. Mrs. White wanted to see her husband. I went into the inner office, and took off my hat and coat and removed teh papers which I had brought back from Montag Brothers and put the folder away.

Week’s Sheet Left In Incomplete Form.

“It was about this time that I first heard the elevator motor start up, and the circular saw in the carpenter shop which was near to it, and I heard it sawing through some boards and thought it was evidently the work that Mr. Holloway had referred to.

“I separated the orders from the letters which required answers, and took from them the letters that did not need immediate attention and laid them in the various places, and it was about this time I had an idea I would like to see how far along the report sheets were which I used in getting up the financial report every Saturday afternoon. To my surprise I found that the sheet contains the records of the pencils packed for the week had been entered for Thursday. The last day of the fiscal week was omitted, and Mr. Schiff, evidently in the stress of figuring out and filling the envelopes for the payroll for Friday instead of Saturday, had evidently not had enough time. I told Alonzo Mann, the office boy, to call up Mr. Schiff and find out when he was coming down; and Alonzo said that the answer came back over the telephone that Mr. Schiff would be right down, so I didn’t pay any more attention to that part of the work, because I expected Mr. Schiff to comem down any minute.

Mrs. Freeman and Corinthia Hall Came In.

“It was about this time that Mrs. Emma Clark Freeman and Miss Corinthia Hall, two of the girls that worked on the fourth floor, came upstairs and asked to go upstairs and get Mrs. Freeman’s coat, which permission I gave them. I told them at the same time to tell Arthur White that his wife was downstairs. A few minutes after they left my office two gentlemen came in, one of them Mr. Graham, and another gentleman; fathers of two boys who had gotten into some trouble during the noon recess and were taken down to police headquarters, and, of course, could not get their pay envelopes the night before. I gave the required envelopes to the two fathers, and chatted with them at some length in reference to the trouble that their boys had gotten into on the day previous.

“Just before they left the office Mrs. Emma Clark Freeman and Mrs. Corinthia Hall came into my office and asked my permission to use the telephone, and started using the telephone during the time these two gentlemen left my office. Previous to the time these two gentlemen came in I had called Miss Mattie Hall in and dictated what mail I had to give her, and she went out and was typewriting the mail.”

Frank went back to the stand. He was handed a glass of water as he resumed his seat but declined it.

“Miss Hall left my office” he continued, “on her way home at this time. There were then in the building Arthur White, Harry Denham and Mrs. White. It must have been from ten to fifteen minutes after that this little girl whom I afterwards found to be Mary Phagan came in. She asked for her pay. I got my cash box referred to the number and gave her the envelope.”

“As she went out she stopped near my outer office doer and said:”

“‘Has the metal come?'”

Sound of Voice Made Little Impression.

“The safe door was open and I could not see her, but I answered No.’ The last I heard was the sound of her footsteps going down the hall. But a few moments after she asked me, I had the impression of a voice saying something but it made no impression on me.”

“The little girl had hardly left the office when Lemmie Quinn came in. He said something to me about working on a holiday and went out. A few minutes before 1 o’clock, I called up my wife and told her I was coming to lunch at 1:15 o’clock. I then went upstairs to (the fourth floor) where Denham and White were working and found […]

Frank Details His Own Story to Jury

[…] they had a bit of the floor taken up and were sawing.”

“I explained to them that I was going to lunch and would lock the door when I left. Mrs. White left at this time. Some lady said that at 12:35 o’clock she found me in front of the safe. It is barely possible that she did. I don’t recall her being there. Her memory probably is fresher than mine on this point.”

“When I went up stairs, I asked Mr. White if his wife was going to stay there with him. She said no, that she would go. She left and then I got my hat and coat and left, locking the outer door.”

“Now, gentleman, to the best of my recollection from the time the whistle blew until I went upstairs to see Mr. White, I did not stir out my office. I went on home.”

(Narrators note: The Atlanta Georgian, omitted part of Leo Frank’s statement, where he spoke about the possibility of unconsciously going to the metal room to use the men’s toilet there, to explain why Monteen Stover found his second floor business office empty between 12:05 p.m. and 12:10 p.m. This evidence was crucial because in State exhibit B, Leo Frank had made an unsworn statement that Mary Phagan was alone with him in his office during this exact time. End of narrator commentary. Leo Frank continues…)

“I called up my brother-in-law, Mr. Ursenbach, to tell him I was unable to keep the engagement to go to the ball game. The cook answered the phone.”

“My wife and mother-in-law were going to the opera. My father-in-law and I ate lunch. He went into the backyard while I lit a cigarette and lay down for a moment.”

“I left and while passing the home of Mrs. Wolfsheimer, saw Mrs. Michael on the porch. I went in to see her and saw Mrs. Wolfsheimer, Mr. Loeb and others.”

Watched Parade When Street Cars Stopped.

“To catch the next car I ran down to Glenn street. On the car I met my wife’s cousin, Mr. Loeb. The car was blocked at the corner of Washington and Hunter streets. I walked up to Whitehall street and stood there possibly for fifteen minutes watching the Memorial Day parade.”

“As I walked down Whitehall street I met Miss Rebecca Carson. This was probably 3:10 or 3:15 o’clock. I greeted her and walked on. I stopped at Jacobs’ Pharmacy and walked on. I went from there to the factory.”

“When I reached there I went upstairs and let the boys know I had returned. A minute later, I returned to my office and started to work on the financial sheet.”

“In a few minutes the clock bell rang and Arthur White came into the office to borrow two dollars. It was while I was at work on the sheet at probably 4 o’clock that I went to the toilet.”

“As I returned toward the office, I noticed Newt Lee coming toward me from the head of the stairs. I told him he could go on off but to be sure and be back at 6 o’clock. I told him I was very sorry I could not let him know about the half holiday but that he was at liberty to enjoy himself as he saw fit, but that he must not fail to return at 6 o’clock.”

“The first night that Newt Lee went to work at the factory, I took him over the building, and stressed the fact that he must go into the basement, especially the dust bin every half hour.”

“I told him it would be part of his duties to watch the back door. He was to make a complete tour every half hour and punch the clock.”

“Now, I will return to the work of the financial sheet. This sheet contains the cost of all the pencils made that week. There are no names but this sample case will show you.”

Evidence Excluded But Jury Sees It.

Frank unfolded a sample case.

Dorsey: “We object to this being used as evidence.”

Judge Roan: “I sustain you.”

Frank placed the sample case to one side.

“Well,” he said, ” you got a sufficient glance at those pencils to see there was a great many.”

“In making up this sheet it was necessary to go through the list of all that were packed. Specials of course, have to be figured separately.”

“For instance, there is a special 60-60-x pencil known as Crackerjack.’ Now I notice that the two expert accountants reported two errors. While they were unimportant, I wish to explain that these errors were not mine. They were made by Mr. Schiff. I never checked his figures. I checked over mine, but not his.”

“Now the next is jobs.’ The accountant found the only error in my financial sheet there in the item jobs.’ It was not an error, as I will show you. He did not know my method of figuring.

“Two items here are totals. The total gross amount is 791 gross, the total value amount $396.75. In figuring the average I obtained $50.01. In that average he discovered an error. It was not an error. I simply did not go as far into the decimals as he did. One-tenth of a cent was close enough for my purpose.”

“Now some of the items in here are taken from the reports of the foremen of the different departments.”

Frank then exhibited a report from the foreman or forewoman of each department and explained it.

“Then there is the report of Mr. Schiff, showing the gross of pencils shipped each day of that week that week was an exceptionally heavy one.”

“Now there is a little report here that constitutes one of the most difficult calculations. It is from the packing room. We have a trick of the trade to put the pencils that do not sell very fast into fancy packages to make them go.”

“Now, very often these pencils are taken from the shelf, where they have laid for more than a year, and repacked in the fancy cases. I made all the calculations on this that afternoon, despite everything that has been said here to the contrary.

“Now here is a little sheet that deals with the grades of the pencils. It shows the totals for each class of pencils shipped that week. This data sheet—we have had very few clerks at the Forsyth street office capable of keeping it, because it requires rather advanced mathematics to reach the totals.”

“Now I will have to get all my thoughts on this sheet. It isn’t a hard job but it is a very tedious one and requires much care and accuracy. Here is rubber—cheap rubber and good rubber. Now it has been intimated that some of these items—this one in particular, if I am not mistaken—that I could take two that were already figured and subtract them from the total and get the cost of the third.

“That is not so. Some of the pencils haven’t any rubber in them at all. I have to go through the same tedious operation on each item. There are various sorts of packing boxes used. Then there are the skeletons in the boxes. Some pencils don’t have skeletons at all.

“All these items must be gone through accurately to get correct results of this sheet. Then there is no section on this data sheet showing the cost of tips. You can’t use rubbers without tips, so, after figuring them, I just added them to the rubbers.

“Some pencils take wrappers and some don’t. The very cheap pencils are tied with a cord, so we have the same tedious figuring again.

“The slat item is not worked out because I could not find the data. I just put it off until Monday.

“Here are the jobs—the payroll at Forsyth street and the payroll at Bell street.

“Now the shipments were figured for the week. I did part of that work in the morning and I explained to you about the invoices being wrong. Well, here are the items on this financial sheet. Then, as to the orders received. Entering the orders received that day involved no more work than transferring.

Has Own Method of Figuring Cost Data.

“Here they are in comparison the amount shipped.

“One of the most intricate things in making out this financial sheet is figuring the cost data. This sheet I may say is a child of my own brain. The first one gotten out was gotten out by myself.

“This item here gives us the net value and the net amount of money the pencil factory received for its pencils. The burden that a business has to carry is its fixed charges—rent, insurance, certain salaries, etc.—the charges that are the same whether great or few pencils are made.

“The machine shop is variable. We did make many machines at first, but later the machine shop was used solely for upkeep. The stats are figured at 22 a gross. That cost was simple multiplication.

“The figuring of that price is not done in making out the financial sheet Saturday afternoon. Mr. Montag and myself figure that in advance, making allowance for profit, breakage, etc.

“I have here on the report of April 26 ‘Slats, not complete;’ that was because Schiff had not made out the slat report, and I planned to complete it Monday morning before taking it to Montag.

“Now, beside the making this large sheet here and the financial sheet, there are three other sheets that I made out. Now, I want to call your attention to this. I did not typewrite it. I merely filled in the blanks. I have several of them typewritten and keep them in my desk.

“In addition to that I make out two condensed financial sheets, showing the principal figures. They are sufficient for a director or stockholder to see what the factory is doing.

Mailed Statements To Stockholders.

“One of these statemetns I mailed to my uncle, Mr. M. Frank, who is president of the company, and the other to Oscar Papenheimer, who was a director.

“I put one in an envelope and addressed it to Mr. Oscar Papenheimer; the other I sent to my uncle along with a price list, and I wrote him this letter.

“This price list is too long for an ordinary envelope, hence the large envelope.

“After finishing the financial sheet, I folded the large sheet and addressed it to Mr. Selig Montag. I then took up the checking up of hte cash and balancing of the cash book. I did that work as near as I remember, between 5:30 and 5 minutes to 6 o’clock. It did not take me an hour and a half. I did it in about 25 minutes. There was $30.54. There couldn’t have been any more. It was mostly in small change. There was one loan to Mr. White, making the total amount of cash $28.50.

“Beginning that week, we had $39.25 as a balance. We drew two checks of $15 each—I mean by that that we went to Mr. Montag’s office and had him draw the checks. The total amount of money we had to account for was 69.25. What it was spent for, of course, is shown on the debit side.”

Frank explained each of those items, including drayage, parcel post, etc.

“I found at the end a shortage of $4.34 coming about in payrolls within the last three months.”

Drinks Water After Talking Two Hours.

At this point Frank paused to take a drink of water having been talking for 2 hours and 30 minutes.

“I finished this work I have just outlined,” he continued, “at 5 minutes to 6 o’clock. I took those slips—I won’t show them to you—stamped April 28. They were put into the clock because no one was coming into the office until Monday.

“Newt Lee’s punches on Monday night would appear on the strip placed on the clock Monday night. Just before I left I put new tape in the clock and made Newt Lee punch it. Then he went on down stairs to wait and let me out.

“As I started out of the factory, I saw Newt Lee talking to a man named Gantt, who had been released about two weeks before, I gave them permission to go into the factory and get Gantt’s shoes which he said were left there and I told Newt Lee to go with him.

“I reached home at about 6:25 o’clock and at 6:30, thinking Newt Lee woudl be near the clock, I called him over, the phone to see if everything was all right. I could not get him. I called again at 7 o’clock and again at 7:30. At that time I got him and he told me everything was all right.

“That night my parents-in-law had company at the home. Those present were Mr. and Mrs. Marcus, Mrs. Goldstein, Mrs. M. Marx, Mrs. A. B. Marx, Mr. Ike Strauss—who came in at about 10 o’clock. I read a magazine until about 10:30 and then retired.”

Told Officer He Did Not Know Girl.

At this juncture the jury retired for five minutes.

Frank conferred with his attorneys while the jury was out. Upon its return he resumed:

“I believe I have taken in every move Saturday night. I retired Saturday night. Sunday morning about 7 o’clock I was awakend by the telephone ringing and a man’s voice which I afterwards found out to be Detective Starnes, said: ‘I want you to come down to the factory.’ ‘What is the trouble?’ I asked. ‘Has there been a fire?’ ‘No,’ he said. ‘A tragedy has occurred.’ I said, ‘All right,’ and he said he would send an auto.

“They came before I finished dressing. At this point I differ with the detectives, Black and Starnes, about where the conversation took place. They say it was after we were in the machine, I say it was before we left the house, before my wife. At any rate, here is what was said:

“They asked me if I knew Mary Phagan. I answered that I did not. They asked me if I did not pay off a little girl with long hair down her back the afternoon before. I said I did. They said they wanted me to go the undertaking establishment to see if I could identify the body. They made the trip to the undertaking establishment very quickly. I went in and stood in the doorway. The attendant removed the sheet from the little girl’s face and turned the head toward me. His finger was right by the cut on the head. I noticed her nostrils were filled with dirt and cinders and there were several discolorations. I noticed a piece of cord around her neck, the kind we used in the pencil factory. I said it looked like a little girl that came to the factory the day before. They had already told me it was Mary Phagan. We went to the factory and by examining the payroll I found that Mary Phagan had drawn her pay the day before and that the amount was $1.20.

“As we went into the factory I noticed Mr. Darley going in. We went to the office and I found Newt Lee in the custody of the officers. They told me they wanted to go down into the basement. I got the elevator key, but when I tried to start the elevator machinery I found I could not and I told Mr. Darley to see if he could start it.

Admits Nervousness And Defends Himself.

“He started the car, and when we got further down I found that one of the chains had slipped. They showed me where the body was found, where the shoe was found and pointed out everything that was at that time known. After looking about the basement we got some nails and a hammer, and Mr. Darley nailed up the back door. Back upstaris Mr. Darley, Chief Lanford and myself went on a tour of inspection of the three upper floors. We went through the metal room, the same metal room that has figured so prominently in this trial, and neither Mr. Darley nor myself noticed anything particular on that floor. Nor did Sergeant Lanford, chief of the Atlanta detective force.

“We went to the time clock. I took out the slip and a casual note of this ship would indicate nothing was on it. There was something on it. It had been partially rubbed out. It could not be rubbed out altogether without rubbing out the printed lines. I did write with a pencil across the face of it, ‘8:26 a. m.’ We noticed a slip but overlooked any skips. I folded the time slip as it is now and handed it to Chief Lanford. Now, gentlemen, I have heard a great deal during this trial about nervousness.

“I was nervous. I was completely unstrung. Imagine yourself called from sound slumber in the early hours of the morning, whisked through the chill morning air without breakfast, to go into that undertaking establishment and have the light suddenly flashed on a scene like that. To see that little girl on the dawn of womanhood so cruelly murdered—it was a scene that would have melted stone. Is it any wonder I was nervous?”

Notes Found by Dead Girl’s Body Described.

“I got in an automobile and sat on Mr. Darley’s knee. I was trembling, perhaps. Later Sunday morning, I went to the home of Mr. Sig Montag and told him what had occurred. I got home about 11 o’clock. My wife and I went over to my sister-in-law’s, Mrs. Ursenbach’s, and with a number of friends we discussed the tragedy.

“We went back home to dinner and mentioned there the terrible crime. After dinner I read a short time and about 10 minutes to 3 o’clock caught a car downtown.

“The conversation on the car was about the little girl that had been found dead in the factory. At 3:10 o’clock I went back to the undertaking establishment and found Joe Stelka there.

“On Monday I went to the police station with Darley and he said he would like to talk to Newt Lee alone. We were shown the two notes found by the side of the slain girl.”

Frank then described the notes.

“Now, on one of the notes there was an erasure, but the tracing was still discernible. It was January 11, 1912. The order number was very indistinct, but it was evidently an old serial number.

“Returning to my home at 4:15 I met Mr. Haas and he asked me about the murder. Several people on the street also asked me.

“I remained at home until 5 o’clock, then I went to Mr. Montag’s home and made a report of the tragedy to him. From there I went to the home of Mr. Marcus where I had received a telephone message from my wife, and I went by there to get her.

“At supper that night the conversation was again about the murder. After supper I read the paper. I called up Mr. Marcus and asked him if he would come down. He said he could not.

“Mr. and Mrs. Selig had a party that night. About 10 o’clock, my wife and I went up to bed. Next morning before I had finished dressing, the door bell rang. It was Detectives Black and Hazlett. They said they wanted me to go to the police station with them.

Kept in Ignorance of Charge Against Him.

“I went and on the way I asked them what was the trouble. They said Chief Lanford would tell me.

“I arrived at the police station and sat in an outer office for probably an hour without seeing Chief Lanford. Near 9 o’clock, Mr. Sig Montag and Mr. Herbert Haas came down. Near 10 o’clock I saw Mr. Rosser. He came in and said, ‘Hello boys, what’s the trouble.’

“Mr. Haas took him off to one side. Chief Lanford came out and said to me: ‘Come in here.’

“I went into his office. He handed me the time slips and if I am not mistaken this same time slip had the figures still unerased: ‘8:26 a. m.’

“I took the slip and examined it closely, discovering the slips. There seemed to be some altercation about Mr. Rosser getting into the room with me. I heard him say: ‘I am going into that room. That man is my client.’ Chief Beavers asked me if I would give him a statement.

“I heard Mr. Rosser say: ‘Why, it’s preposterous. The man who did that would have signs on his […]

ACCUSED DID NOT PEER INTO GIRLS’ DRESSING ROOM, WORKER SAYS

[…] body.” I jumped up and, opening my clothes, let the detectives see for themselves.

“I then gave them a statement, willingly and freely and without any reluctance. Then one of them said something about examining my linen at my home. I knew that none of it had gone to the laundry at that time and invited the detectives to make a search, which they did. Mr. Herbert Schiff went with them. They were very well satisfied with the search, or rather, they found nothing.

Employed Pinkertons To Aid the Police.

That afternoon I telephone Mr. Schiff to get Mr. Montag’s permission to employ the Pinkertons to aid the police. I told him I would be down about 3 o’clock.

“I went around to Mr. Wolfsheimers, got into his automobile and went downtown. I saw Mr. Schiff, Mr. Darley and a number of others, including Mr. Quinn.

“Mr. Quinn said he wanted to take me back to the metal room where it was claimed blood spots had been discovered and wheere the hair on the lathe was discovered by Mr. Barrett.

“I examined them closely, particularly the spots. I did not examine them standing up. I got down on my knees and examined them with a strong electric flashlight and I arrived at certain conclusions.

“That floor is grease, soap and dirt covered to a thickness varying from a quarter to half an inch.

“To return to that spot. I don’t claim it was not blood. The space where these spots were adjoins the ladies’ dressing room. There have been accidents which may not have been brought out in this trial. We do not report every time one of the employees cuts his finger.

“There are all sorts of paints around the factory. I have seen girls drop bottles in the hall, not exactly at that point, but near there. But the point about those spots is that when I examined them there was over them an accumulation of dirt not of days or weeks, but of at least three months.

Phoned to Prevent Alarm of Family.

“The white stuff was not fresh. It was dry. And another thing: If that compound had been put on the blood fresh, it would have been pink and not the white that it was.

“Now, when the Atlanta papers containing the statement that I was detained were published, I telegraphed Mr. A. R. Montag to communicate with my uncle that I was no longer; that I had been released. I did this because I knew they would be alarmed if they saw the sensational stories in the papers.

“Harry Scott of the Pinkertons came in and spoke to me in the presence of Mr. Darley. He said he had not read the newspapers. I told him all that had been published and in addition the statement that Mrs. White had seen a negro about 1 o’clock on the first floor.

“After I had told him all I knew, I took him over the factory. On the second floor I noticed was a piece of cord such as I learned had been found around Mary Phagan’s neck. I asked him as to the rates of the Pinkertons. He told me and I informed Mr. Montag, who approved them.

“Mr. Scott said that at it was the usual custom of the Pinkertons, he would work hand in hand with the police. I went home and found my family there and sat up until about 10 o’clock, when I went to bed.

Gave Officers All Information Wanted.

“Tuesday a. m. I arose between 7 and 7:30 and caught the 8:10 car. I remember I got to the factory at 8:30. I went right into my routine work and at 9:30 o’clock went on my regular trip to Montag’s. I then went back to the factory and to work again.

“After a while Detectives Black and Scott came and told me they wanted me to go to the station house. I went and I have been incarcerated since then.

“I went down in an automobile. They took me to Chief Lanford’s office. I answered all the questions they asked. In a few minutes, Detective Scott and Black came in with a bundle.

“They showed me a piece of material and asked me if I had a shirt like that. I told them I never had. They showed it to Newt Lee and they said he admitted having a shirt like that but declared he had never worn it.

“They then unfolded a bloody shirt.

“About 10 o’clock Mr. Rosser came down and said Chief Beavers thought it best for me to remain at the station, and they thought I might employ a supernumerary to avoid being locked up. I assented, because, of course, I could not do anything else.

“They wanted a sample of my handwriting. I told them I was willing. They dictated it word for word, spelling the unusual words. Detective Starnes took me down to the desk sergeant and searched me.

“I was locked up in a cell while my father-in-law was providing a supernumerary.

“The detectives came to me and said: ‘Mr. Frank, we would like to talk to you a little bit.’ We went into a little room and they stressed the possibility of a couple being let in the pencil factory at night. Then they said: ‘You talk to Lee. You are his boss. He will talk to you.’

“The detectives told me to go after him strong and tell him we would both go to hell. Detective Black said that.

“I went in and talked to Lee. I tried to get him to talk. I said: ‘Newt, you had better tell everything you know or you will get us both into trouble.’ He stuck to his statement that he had told the whole truth.

“Then the detectives came in and I was initiated to the Atlanta police department third degree for the first time. Detective Black went after that poor negro. He called him every vile name he could think of. He fairly streamed with profanity.

“I want to touch upon a few accusations that have been leveled against me, besides this crime. The first is that I would not talk to the detectives. Let us look into that and see if there is any truth in that. I went there Sunday, Monday and Tuesday and discussed the matter freely and openly. I gave them a written statement. I talked to them at midnight. I talked to Newt Lee at their instance. What did they do? They grilled him. They twisted my words. They put words into his mouth he never heard. After that, I said I washed my hands of them. They came to me again—Scott and Black. Black said: ‘We are suspicious of that man Darley. Now, open up and tell us all you know about him.’

Could Not Trust Even His Own Detectives.

“I said: ‘He is the soul of honor.’

“Come on, Scott; nothing doing,’ said Black.

“Then I knew I couldn’t trust even our own Pinkerton detectives. After that I treated them with silence. That is why I would not see Conley surrounded by a bevy of city detectives. They would distort; they would falsify. That is the reason I kept my silence.

“Now this second charge that I knew Conley could write. The same day that Conley was arrested I was taken to the Tower. There was nothing in the papers that said he could not write. The first thing I knew about it Harry Gottheimer came to see me on May 12 and told me the Pinkertons had turned suspicion toward Conley, but that he stood them down he could not write.

“I told him that I had received too many notes from Conley not to know that he could write. I told Harry that if they would look into the drawer of the safe in my office they would find a card with a jeweler’s name on it, and that if they would go to him he could probably show a contract that Conley had signed.

“Gentlemen, the first man that pointed out the way to prove Conley could write is sitting before you now.

“That other insinuation that is so dastardly that it is beyond the comprehension of a human being—that my wife didn’t come to see me—she was down stairs at the police station. Rabbi Marx was with me. I advised with him whether I should let her come up or not. We had to restrain her.

Brands Conley Tale As a Tissue of Lies.

“I know nothing of the murder of Mary Phagan. I never saw Jim Conley on that day.

“This man Dalton I never saw before this trial. He was never around the factory with Daisy Hopkins that I know of.

“Irene Jackson is mistaken. I have no recollection of ever looking in on the girls in the ladies dressing room when the girls were undressed.

“That room on the fourth floor has no bath. It is simply a place in which young ladies can change their outer clothing. I might have looked in to see that they were not loafing. I heard complaints about them flirting and I wanted to stop it.

“The statement of Jim Conley is a tissue of lies. He never saw me with any women.

“Conley’s statement about seeing me in improper positions with women is so vile that I have no words fit to denounce it.

“My father is notable to work. I have no relative of any means except my uncle in Atlanta.

“There is no fund raised to pay these attorneys. The fees are paid, but they were paid by sacrificing a portion of my family’s small estate.

“Gentlemen, some newspaper men have called me the silent man in the Tower. I was silent, but it was advisedly. The time to talk is now. The place is here, and I have told you the whole truth.”

Frank bowed slightly to the twelve men to whom he had addressed this remarkable statement and then stepped down from the stand. Court adjourned until 9 o’clock Tuesday morning.

Hapeville Episode Hinted by State.

That Frank rode on a street car to Hapeville with a girl the Saturday previous to the murder of Mary Phagan and repeatedly sought to persuade her to leave the car with him was the sensational testimony Solicitor Dorsey endeavored to get from Mrs. J. G. Wardlow Monday.

Anticipating the nature of the questions the Solicitor was about to ask Mrs. Rae Frank, mother of the defendant, stopped her ears with her fingers and then rushed from the room. Attorneys for Frank at first objected to the questions and the jury was excused
. It was at this moment that Mrs. Frank made her dramatic exit. She was evidently fearful of repeating her outburst of a few days ago.

Mrs. Wardlaw denied that she ever knew of such a circumstance. She denied as well that she had been told of it by Harmes Stanton or H. G. Backer, street car men.

Another sensation was created when the defense called to the stand Miss Emmeline Mayfield, the young woman whom the State maintains was in the dressing room when Frank looked in at one time. Miss Mayfield denied this was true.

Paving the way for the eagerly awaited statement of Frank, the lawyers for the defendant devoted Monday morning to the gathering up of the story ends of their case, most of the time being occupied with the testimony of character witnesses.

More than a score of women and girls employed in the National Pencil Company were called to tell what they knew of Frank’s character and what they had observed of this conduct about the factory. All asserted that they never had known personally of any misconduct on the part of the superintendent and never had heard of any.

Explains Looking Into Dressing Room.

Mrs. Mattie Thompson proved one of the most important of the character witnesses. After testifying to Frank’s good character, Mrs. Thompson declared that the girls on the fourth floor were in the habit at one time of flirting from the windows of the dressing room. She said that the practice became a matter of comment among the elder women on the fourth floor and that she finally took it upon herself to report it. Whereupon orders were issued against it.

The testimony of Mrs. Thompson was produced to provide a basis for the contention of the defense that Frank had opened the dressing room door on several occasions solely for the purpose of determining if his orders were being carried out.

Miss M. E. Fleming, a stenographer said that she worked in Frank’s office from April to December, 1912, and that she never had observed any misconduct on the superintendent’s part nor had seen women visiting his office.

Godfrey Winecoff superintendent of the lead plant of the National Pencil Company, testified that it was his custom to visit the pencil factory office every other Saturday afternoon about 3 o’clock. He said he always found Frank or Schiff, Frank’s assistant frequently both working in the office. He asserted he never saw any women there.

A large crowd was attracted to the courtroom by the probability that the prisoner would tell his story Monday, and the keenest expectancy prevailed. It was problematical whether there would be any cross-examination. Ordinarily, of course, the accused in a murder case merely makes his statement and the jury can believe it or discard it entirely as it chooses. It is said, however, that Frank has earnestly urged his lawyers to allow the Solicitor to cross-examine him.

When court reopened Monday Solicitor Dorsey took up the cross-examination of Harlee Branch, a reporter for the Atlanta Journal.

Took Conley 15 Minutes To Tell Crime Details.

Branch was asked.

“Can you give any estimate of the time taken in conversation in Conley’s re-enactment of the crime?” He replied that it took about fifteen minutes.

Q. You never said it was about half the total time, did you? A. I don’t recall.

Attorney Arnold took the witness.

Q. You said it took about fifteen minutes to cover the time lost in conversation? A. Yes.

Q. He began at 12:18 and you left at 1:08? That would be about 50 minutes that you were there? A. Yes.

Q. How long was he writing the notes? A. Two minutes at the most. He did not write fast or slow?

Q. How long did he stay in the wardrobe? A. About one minute.

Q. Did you see Conley in the newspapermen’s room here in this courthouse reading a newspaper since this trial began? A. I saw him looking at one as though he was reading it.

Mr. Branch was excused and Lou Castro, former ball player and at present fight promoter, was called as a witness by the defense to testify to time it took to walk certain distances.

Q. Did you walk from Marietta and Forsyth streets to the second floor of the pencil factory? A. Yes.

Q. How long did it take you? A. Four and one-half minutes.

Q. Did you walk from the National Pencil Company to the corner of Whitehall and Alabama streets? A. I did.

Q. How long did it take you? A. Three minutes and twenty seconds.

Q. Did you walk from Broad and Hunter streets to the Pencil Factory?

Employees of Factory Character Witnesses.

Miss M. E. Fleming was the next witness called. She is one of Frank’s former stenographers. She testified on direct examination that Frank’s character was good. Dorsey cross-questioned her.

Q. Were you ever there on Saturday? A. Yes

Q. How long did it take you? A. One and one-half minutes.

Q. On the day of the murder were you there Saturday afternoon? A. No, I was off then.

Q. Did you ever see Mr. Frank work on the financial sheet Saturday mornings? A. Yes, I saw him work on it a little.

Miss Fleming was excused and Godfrey Winecoff, superintendent of the lead plant of the pencil factory, took the stand.

Q. Did you visit the National Pencil factory on Saturdays between July 1, 1912 and May 1, 1913? A. Yes.

Q. What time? A. Three to 5 o’clock.

Q. How often? A. Almost every Saturday.

Q. Did you ever see women there in Frank’s office? A. No.

Q. Who was there? A. Frank, Holloway, Schiff and the office boy.

Dorsey took the witness on cross-examination.

Q. Are you sure Holloway was there at 3 o’clock? A. Yes.

The witness was excused, and Mrs. Mattie Thompson, an employee of the factory working on the fourth floor took the stand testified as to Frank’s good character. Arnold questioned her.

Q. Do you know anything about that dressing room on the fourth floor and the conduct of the girls there? A. I made a complaint about the girls flirting out of the window.

Dorsey took the witness on cross-examination.

Q. Who has talked to you in the last few days about what you were to swear on the stand here? A. Mr. Haas talked to me.

* * *

Atlanta Georgian, August 18th 1913, “Leo Frank Testifies,” Leo Frank case newspaper article series (Original PDF)

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

Atlanta Georgian
August 18th, 1913

The eyes of Leo Frank’s wife and his mother-in-law, Mrs. Emil Selig, were constantly upon him as he sat in the witness chair talking conversationally with the jurors. His mother seldom looked at him, maintaining her usual attitude, looking slightly downward and toward the judge’s bench.

Frank had been talking only 10 minutes when they unexpectedly was interrupted by a heated argument between the opposing attorneys over Frank’s explaining the time slips, including the one which the defense claims was taken from the time clock Sunday morning following the finding of Mary Phagan’s body.

Frank had mentioned the time slips and was undertaking to make an explanation of the manner they are used when Attorney Rosser called for the slips for Frank to explain before the jury.

Solicitor Dorsey made an instant objection, arguing that the slips had not yet been placed in evidence. All four of the principal attorneys interested in the case were on their feet at once, two and sometimes three of them, were talking at the same time.

Papers Withheld.

Judge Roan was compelled to caution them to proceed parliamentarily. His r
uling was that Frank might refer to them as much as he pleased, but that he must not go before the jury with them until they had been properly identified and offered for evidence. The same situation developed when Frank sought to explain the details of his work by means of papers and records of his office. He was allowed to sit in his chair and refer to them but not to exhibit them to the jurors.

Fearless and Direct.

Frank talked to the jurors directly and fearlessly. There was no trace of uncertainty in his voice or in his manner. He appeared exacty as though he were in an informal conference with some persons interested in the factory and was outlining his duties and leading up to some particular incident that had engaged their attention and interest.

He was entirely at ease. He assumed an easy pose in his chair, gestured frequently as he proceeded with his narrative, and occasionally changed his position. His hands most of the time were clasped in front of him, except when he illustrated a point with an unconscious gesture. He found it necessary often to adjust his glasses which seemed not to fit him perfectly.

Tells Complete Story.

He touched only briefly on his early history, telling merely of his place of birth, his career in school and college, his short business experience after his graduation and finally his coming to Atlanta in 1908 to take charge of the National Pencil Factory.

He began with Friday, August 25, the day before the crime and recounted his movements almost minute by minute. Coming to the fatal Saturday, he told of leaving his home, reaching his office, talking with his employees and taking up the work of the day.

He was given orders, records, acknowledgement of orders, record sheets, financial sheets and all the other minute details that are involved in the work of the office. Those that had been submitted in evidence he took before the jury and explained at length and in detail the amount of work required in getting these out.

His Own Best Witness

Notebook in hand, Solicitor Dorsey took a seat almost directly in front of Frank, but this appeared to disturb the prisoner not in the least.

Through the major share of the remarkable address, with its clear-cut statements and explanations, there was little or no attempt at oratory, but the speech was unquestionably a most eloquent argument. As had been prophesied, Frank was his own best witness.

* * *

Atlanta Georgian, August 18th 1913, “Frank Makes His Own Best Witness Telling Direct Detailed Story,” Leo Frank case newspaper article series (Original PDF)

Atlanta Georgian
August 27th, 1913

The Georgian today reveals some of the innermost secrets of the jury that convicted Leo M. Frank of the murder of little Mary Phagan. This inside story of the greatest criminal case in the South’s history is an intensely interesting revelation of the workings of men’s minds.

It casts upon the various points made by the defense and the prosecution the light in which they were viewed by the twelve men who were chosen to act as the judges. It ends with the last memorable meeting of these men on the top floor of the courthouse Monday afternoon which culminated in the fateful verdict: “We the jury find the defendant guilty.”

The information is given herewith as it was obtained by a reporter for this newspaper from one of the jurors late Monday night while the full weight of his grim burden still rested upon him. It is told in his own, impressive words.

“It was the only thing we could do. The evidence was against Frank from start to finish. And so we did our duty, as we had sworn to do.”

Dorsey’s Youth and Sincerity Won.

“It would be hard to say what, of all the trial, made the greatest impression on the jury. It was probably the Solicitor General himself. He was a marvel. His youthful appearance, coupled with his sincerity, made a wonderful hit. There wasn’t a minute of the hours that he spoke that he didn’t seem to mean every word that he uttered.”

“Dorsey is a forceful speaker. He puts emphasis behind his words. And he drives his points clear in and clinched, them on the other side. They had stuck with us. They had the evidence behind them to make them stick.”

“His theory of the murder was the one we accepted. It was the one the evidence upheld. That was the way Frank killed that girl.”

“While the negro watched downstairs, he took the little girl back into the metal room and struck her, and then with a cord strangled her to death. Then those notes were written as the negro told us and placed beside the body.”

“In the Dorsey’s argument there was one little sentence which seemed to imbed itself in the minds of every man on the jury, when he was speaking of the agreement between Frank and Conley that the negro should come back to the factory and burn the body. The sentence was this: And if the smoke from that little girl’s burning body had gone curling up into the air, old Jim Conley would have hanged for another man’s crime.'”

Hooper’s Action Had Its Effect.

“Those words went a long way toward keeping Jim Conley from Hanging, probably. They drew a contrast between right and wrong which made us look again into the evidence before us. And the narrow escape which the negro had made us shudder.”

“There was another thing which impressed that jury. It was Frank Hooper’s sacrifice to Dorsey. We called it that. Hooper had the chance of his lifetime there to make a wonderful speech when he opened the State’s argument. We were half expecting one. His reputation was known to us. And when he ended there was some disappointment. We said he had not done his best.

“Then we saw his sacrifices. He had only made a plain statement of the State’s case and left for the Solicitor General whatever fame and fortune there was to be won by the State’s counsel.”

“The jury heard none of the cheering for Dorsey outside the courtroom at any time. We heard the crowds in the courtroom laugh at times, and we laughed, too, but that had no effect.”

“Probably the hardest job we had was to sit there and face Frank’s mother and his wife with the slowly growing feeling of the defendant’s guilt. Some of the jurors cried when Frank’s wife broke down following his speech. It was an impressive thing to us. Yet it didn’t effect the evidence.”

Frank’s Speech Caused Wonder.

“The trouble with Frank’s speech was the same as the trouble with the entire defense. The evidence declared to us that he was guilty and no words of his could disprove that fact. Everybody felt the weight his wonderful calm and dispassionate manner carried while he was talking. Yet the marvel was that a guilty man could do it. That was all.”

“The defense made a wonderful fight with the evidence they had. Mr. Arnold was admired for his skillful work by every member of the jury. We saw every point that he brought out, and yet they all lacked weight.”

“Probably nothing else in the whole case was of more interest to us that Luther Rosser’s cross-examination of Conley. We thought it was a master’s display of human ingenuity. Yet in the jury’s mind it was like skyrocket, soaring up into the heavens to cast its fountain of brilliance about and then die out. The negro’s story remained as he had told it. That had a tremendous effect in the verdict.”

“Then there was that cabbage. It was astonishing the amount of knowledge was displayed by the members of the jury when the technicalities of medicine were brought out. We understood it all. The specimen of cabbage taken from the little Phagan girl’s stomach was passed around amongst us in the jury room and we could easily see that it had not been digested.”

“That also had its effect. There were men amongst us who luckily were well up on digestion. The experts said very little that we did not understand. But I will venture to say that few of the men of that jury will ever eat cabbage again.”

Full Force of Deputy Strikes Home.

“It is a terrific thing to be on a jury which holds a man’s life in its hands. The weight seems heaviest during the early days of the trial. You are struck with the somber faces of your fellow jurymen first; then in the mirror you see that your own face is as somber as the real, and the full force of the duty in front of you strikes home. You realize that before you become a freeman again you shall have disposed of the life of a fellowman.”

“Yet, strange to say, there wasn’t one among us who tried to flinch from his full share of the work. Each seemed eager from the start to do what he had sworn to do, and the determination seemed to grow as the days passed. When we left the courtroom this afternoon with the judge’s charge there wasn’t a doubt in the mind of anyone of us that justice would be done. I think that thought, in a great measure, was the cause for our quick decision.”

“Of course, we didn’t dream that the case would last as long as it did. Some of us hadn’t prepared for it. It meant a loss of a great deal of money to many of the men. Yet when this was brought up along in the second week, when no end was in sight, it took only one mention of the task before us to make all else look infinitesimally small. Jurydom is a sphere where money is not known.”

First Week Was Longest of All.

“The first week of the trial was longer than all the rest put together. It was a bit difficult for us to get acquainted. We were all a little bit suspicious of each other. Outside of a few comments on immaterialities, practicality nothing was said about the case. We didn’t care to talk about it, even to our roommates.”

“Then somebody brought in a checker board and someone else a deck of cards. The social life in jury quarters blossomed out in full blast.”

“It was a most welcome diversion, too. We had little enough exercise as it was and there was nothing left but to brood on the case.”

“And by the middle of the second week, there wasn’t a more sociable and jolly set of men this side of heaven, I don’t believe. There were checker matches and setback tournaments and a great rivalry for the championships. I don’t believe that there was an amateur among the bunch which went into that jury who didn’t come out an expert. With nothing else to do much at night, one can learn a great deal about cards and checkers in three weeks.”

“There was no gambling. And each Sunday we read from the Bible and sang religious songs. In fact, we held regular services every Sabbath day. It didn’t matter what churches we belonged to; each was as fervent as the other. While in Rome we did as the Romans do. Seriously, though, I think that the proposition we were up against in judging of a man’s life had a good deal do with that fervor.”

Same Word On Each Jury Slip.

“As for the judgement witnessed, there is little to say. As weighty as the task may seem, it was simple. There was but one ballot and on the twelve slips which were handed into Foreman Winburn the single word guilty’ was written. Yet, no one seemed surprised. There was an unanimity of feeling amongst us.”

“Don’t think that we had not considered the case fully. And don’t think that there was a man amongst us that wanted to do what we did. Yet, day after day, the pressure grew heavier, as the case was put before us. From a slight head it became an oppression; then a nausea and at last a sickening scene of the grim fact that, Frank was guilty and we were going to give the world that verdict.”

“It was horrible that time we spent in deliberation. Everyone knew what was going to be done, though hardly a word was spoken, until we had agreed. We were spellbound with dread. Then someone suggested a drink. That enlivened us and we began to breathe again.”

“You ask what brought us to our verdict so readily? I have told you. It was the only thing that could be done, and we knew it, even as we ascended the stairs to the jury this afternoon. No argument was needed.”

* * *

Atlanta Georgian, August 27th 1913, Juror’s Story of How Evidence Was Weighed and Verdict Reached,” Leo Frank case newspaper article series (Original PDF)

Atlanta Georgian
August 27th, 1913

Just four months after the murder of Mary Phagan, Leo M. Frank stands convicted of the slaying of the slaying of the 13-year-old girl in the National Pencil factory.

No recommendation for life imprisonment was made by the jurors, this circumstance making it imperative, according to the charge by Judge L. S. Roan, that a sentence of death by hanging be passed upon him. Judge Roan declined to say Tuesday the exact time when he would pass sentence.

Neither the prisoner, his relatives, friends nor any of his counsel appeared in the courtroom when the dread verdict was rendered. The sole representative of the defendant was Stiles Hopkins, a member of the firm of Rosser, Brandon, Sigton & Phillips, who was designated present and waive for Attorneys Rosser and Arnold the presence of the prisoner. A motion for a new trial will be made by Rosser and Arnold.

Populace Cheers Verdict.

The jurors were quick in arriving at their ballot. The case was given into their hands at 12:49. They went immediately to lunch and returned to the courthouse at 1:35. They proceeded to the election to the election of Fred Winburn as foreman and entered upon an informal discussion of the merits of the case. It was apparent that the jurymen were practically of one mind. They cast their ballot. At 3:21 it was known that the verdict was “guilty.” At 4:56 the result was announced in the courtroom.

To avoid any sort of a demonstration, the courtroom was cleared of all spectators when it became known that the jury was ready to render its verdict. Everyone was excluded except Solicitor Dorsey, Attorney Hooper and attaches of Dorsey’s office, several other members of the bar and newspaper man.

Hardly had Foreman Winburn read the words that branded the young factory superintendent a murderer before a mighty shout went up outside the building. The great crowds surging on all sides of the courthouse seemed to have had occult knowledge of the verdict at the very instant it was given utterance.

The news spread like magic. While the cheers still were rending the air, newsboys swooped down upon the courthouse and radiated in different directions from their offices, crying the extras on the verdict.

Frank was in the Tower with his young wife when the verdict was returned.

“My God! Even the jury was influenced by mob law,” was the exclamation with which the accused man met the news of the verdict of guilty.”

“I am as innocent as I was one year ago,” he continued.

Frank would not talk at length to the newspapermen. His wife, who had shown the strain of the last hours of the trial throughout the day, collapsed in tears. Rabbi Marx and other friends of the family were at the tail when the fateful news came. They declared that nothing had developed since the beginning of the trial to shake their belief in Frank’s entire innocence.

After the concluding words of the judge’s charge Monday afternoon, the jury fled from the courtroom and several scores of persons took advantage of the leniency of the court deputies to crowd inside the doors.

In a haze of smoke from innumerable cigars and cigarettes and from the explosion of flashlight powder, the motley roomful of spectators waited impatiently for some sign that jurors were ready to return to the room. Any unexplained move on the part of Sheriff Mangum or one […]

FRANK EMOTIONLESS AS HE HEARS SENTENCE TO GALLOWS

‘I am Innocent; My Case Is in My Lawyers’ Hands,’ He Tells Judge Roan

I HAVE DONE MY DUTY, ASSERTS JUDGE ROAN

“I May Have Erred, but My Conscience Is Clear,” He Tells Condemned Man.

[…] of his deputies was the signal for a little flurry and the rumor that a verdict had been reached.

Frank’s Presence Waived.

Several newspapermen sat on the sixth floor of the uncompleted new courthouses and calmly watched the proceedings of the jurymen on the fourth floor of the old building. The election of Winburn as foreman was noted, as well as other details incident to the deliberations. Finally, it became known that a verdict had been reached. This was an hour before the jurors came downstairs. Finally, it became known that a verdict had been reached. This was an hour before the jurors came downstairs. Judge Roan was sent for “An effort was made to get Solicitor Dorsey, but he could not be reached at once.”

Assistant Solicitor E. A. Stephens and Frank Hooper, Dorsey’s associate in the case, entered the courtroom and immediately were closeted in conference with Judge Roan. The discussion was in regard to the waiving of the prisoner’s presence in the courtroom.

The two attorneys did not wish to sneak definitely for the Solicitor on the matter, but neither could see any objection to the procedure if the waiving was formally made by a representative of Rosser’s firm. A little later the spectators were disappointed by the order to clear the courtroom. Dorsey entered just as this order was given. Within five minutes the jury was in the courtroom and the verdict had been returned.

Lanford Says He Is Vindicated.

Though he has been convicted of the most terrible crime in the history of the South, the friends who have stood steadfastly by Leo Frank during the four long months since Mary Phagan’s body was found have not deserted him. They still persist that he is innocent and declare that time will uncover the guilty person and give the young factory superintendent his freedom.

Rabbi David Marx, one of Frank’s staunchest supporters, who has been with the convicted superintendent almost constantly since he was first arrested on suspicion of being connected with the crime, was one of the most surprised men in Atlanta when the verdict was returned. He had confidently expected an acquittal, but even with the sentence of death having over Frank’s head, the devotion with which Rabbi Marx has stood by Frank which has been the admiration even of those who believed Frank guilty does not falter.

Rabbi Marx Astounded.

Dr. Marx was with Frank when the latter was notified of the verdict, and he suffered almost as heavily as the convicted man.

“I am stunned and surprised,” Dr. Marx said. “I can not believe it. I know Leo Frank is innocent I know he is incapable of such a crime. My faith in him has not been shaken by the verdict of the jury. I ask that the public suspend final judgment until an appeal for a new trial is made.”

Shortly after Frank had been notified of the verdict Dr. Marx left the jail for a conference with Frank’s attorneys. He returned later to tend what comfort he could to the prisoner and remained with him in his cell until a late hour.

Fair Trial, Says Lanford.

Chief of Detectives, Newport Lanford, head of the department when aided in securing the evidence that convicted Frank, has issued a statement declaring that the trial of the factory superintendent was the fairest he had ever seen.

“I have never figured in a case where the prisoner was given more privileges and liberties than Frank has received,” Chief Lanford declared. “A body of twelve men in high-standing in the community have found him guilty of the murder of Mary Phagan, and, in my opinion, the verdict was a just one. I think nearly everyone who is familiar with the case believes him guilty.”

“It is very gratifying to the members of my department that the jury after careful deliberation, found Frank guilty. I am not surprised, however, nor are any of the detectives who have worked on the case.”

“We have worked very hard since little Mary Phagan was murdered and have tried to get at the truth regarding the terrible crime. We have been severely condemned by a few persons, most of whom are unfamiliar with the case and with police methods of obtaining evidence, but the verdict of the jury is a complete vindication of our department. We feel that we have received the greatest reward possible—the conviction of the man responsible for the death of Mary Phagan.”

The interest in the residence sections of the city was fully as great as downtown when the verdict came on Monday. Officials of the Southern Bell Telephone Company have made the statement that never in the history of the company have the city telephones been in such universal use as Monday afternoon. Three times as many calls were registered between 2 and 6 o’clock, when the excitement was at its greatest height, as have ever been registered before during an entire day. A special corps of operators was on duty at the exchanges, but they were swamped with the volume of the calls and were unable to attend to more than half of them.

“Old Newt” Lee Is Released From Tower.

Old Newt Lee, as he was referred to by both sides in the Frank trial, the negro night watchman at the National Pencil Factory, was released Tuesday from the Fulton Tower just four months to a day after his fateful find.

The order for his release was signed by Judge Roan and taken to the jail by his attorneys Graham and Chapelle. Graham left with the negro for the police station, where he got a knife and some other personal effects taken from him at the time of his arrest.

Lee was spruce and as cheerful as a darky in watermelon time as he said goodbye to the Tower. He was rigged up in a new outfit and looked more prosperous than he probably ever had in his life.

“He came here in rags, but he is leaving with quite a bunch of luggage,” said one of the deputies.

The negro said he had had a home before the tragedy, but had lost it since.

“All I know is I’m going to look for work, boss,” he said. “I sure got to work to live. I feel weak, just in my body, boss. I feel alright in the head because I never did have nothing to do with that murder and now, they all knows it.”

Lee had been in jail since shortly after 3-o’clock April 27, when police, responding to his telephone call, found the strangled. Mary Phagan in the grimy basement. For a time, his indictment “seemed” certain, but by the time the case reached the Grand Jury the State had centered its prosecution on Frank and no action was taken against the negro. The petition freeing him was made on the formal plea of Solicitor Dorsey.

Hooper Praises Dorsey’s Work.

“In all my experience I have never seen a case more thoroughly gotten up than the State’s cage against Leo M. Frank, as prepared by Solicitor Dorsey. It was complete throughout there was not an angle but which was investigated to the fullest possible extent.”

Thus, spoke Attorney Frank Hooper while awaiting the verdict of the jury.

“Dorsey’s sincerity in the prosecution and the thoroughness with which he entered into the detail of each part of his work was such as to arouse the admiration of anyone. He had the case at his fingertips; his knowledge of each phase of the case was complete. His argument was one of the most masterful I have ever heard. I do not think it could have been possible for a case to have been handled in a better manner.”

* * *

Atlanta Georgian, August 27th 1913, “‘I’m as Innocent as I Was a Year Ago,’ Asserts Frank,” Leo Frank case newspaper article series (Original PDF)

Atlanta Georgian
August 27th, 1913

Motion For New Trial Follows Death Sentence

PRISONER MUST HANG OCT. 10, JUDGE RULES; INNOCENT, HE REPEATS

Almost before the dread verdict of “guilty” had ceased ringing in his ears, Leo M. Frank, convicted of slaying Mary Phagan, heard Tuesday the still more terrible words, “sentenced to hang by the neck until dead,” before the echo of his own words, “I am innocent” had died away.

Frank will pay the penalty for the murder of Mary Phagan, which the jury Monday agreed he had committed on October 10, unless the efforts of his two lawyers, who already have started a new fight for his life, are successful in postponing the execution or ultimately in cleaning their client. There is little doubt that the execution will be put off, as an appeal will act as a stay.

The sentence had hardly been pronounced by Judge L. S. Roan at 10:40 o’clock Tuesday morning in his courtroom in the Thrower building before Attorney Reuben Arnold was on his feet to make a motion for a new trial.

Judge Roan said that he would set October 4 as the date for hearing the arguments on the motion. It is known that Solicitor Dorsey is most vigorously opposed to any movement looking toward the reopening of the case. He asserted repeatedly during the last days of the trial that the claim of the defense that Frank was not receiving a fair trial was ridiculous on its face.

Wife Waits Outside During Sentence.

While the death penalty was being imposed upon the factory superintendent, his young wife sat outside the Thrower building in an automobile. She had followed her husband in the car, waiting for him as he was taken into court between two deputies and again following him when he was conveyed back to the Tower.

Frank displayed no more emotion than he did during the progress of the long trial. He perhaps, was a trifle paler than usual and his face a bit more haggard, but aside from this none would have known as he stepped firmly down from the Thrower building steps that he was a man on whom the death sentence had just been pronounced.

The fight for Frank’s life, which may consume many months, arouses a question as to the disposal of Jim Conley. It is the general supposition that Conley’s case will be held in abeyance until Frank’s fate definitely is determined by a new trial or the decision of the appeal to the Supreme Court.

Newt Lee Released From Custody.

Newt Lee, a material witness in the Frank trial and at one time a suspect, was released from custody Tuesday morning after spending exactly four months in jail.

A long and notable legal fight is certain over the effort to save. Frank from paying the penalty fixed by the court. The case will be carried to the highest courts if Judge Roan refuses a new trial.

There was a hush of horror as the dreadful “Hanged by the neck until dead, and may God have mercy on your soul,” was uttered by the judge. The signs of Frank’s emotion were as few as ever. A few minutes later he was asserting, clearly and calmly, his entire innocence.

Frank heard his sentence with but a slight show of nervousness. He stood leaning slightly against the railing in front of the judge’s bench looking straight into Judge Roan’s eyes. Occasionally he moistened his lips, but otherwise, he was calm. His eyes though, were bloodshot and his skin more pronounced white than ever before.

Frank Again Protests Innocence.

Judge Roan addressed him:

“The jury which has been trying you for the last several weeks has found you guilty. Have you anything to say why sentence should not be passed on you at this time?”

Frank leaned slightly against the railing and placed one hand behind his back before replying. Then he said in a calm even voice:

“Your Honor, I say now as I have always said: I am inno-[…]

WIFE, MOTHER EMBRACE FRANK AFTER SENTENCE

[…]cent. Further than that, I will state that my case is in the hands of my counsel.”

The prisoner’s voice was so low that for a moment his hearers were not aware that he had finished and a deathly silence reigned. Then Judge Roan spoke:

“Your counsel informs me that they will move for a new trial,” he said, addressing Frank, “but in the meantime, it is my sworn duty to pass sentence on you.”

“I have tried to give you a fair trial. I may have erred, but I have done my duty as my conscience dictated.”

Judge Roan then picked up from his desk the sheet of paper upon which his sentence was written. As he did so, through some slight misunderstanding, the crowd arose to its feet.

“Take your seats; take your seats,” said Judge Roan, then read the sentence. In legal form, it was this:

“The State against Leo M. Frank; indictment for murder; Fulton County Superior Court, May Term 1913. Verdict of guilty, July term, August 25, 1913.”

“Whereupon it is considered ordered and adjudged by the court that the defendant, Leo M. Frank, be taken from the bar of this court to the common jail in the County of Fulton, and that he safely there kept until his final execution in the manner fixed by law;”

“It is further adjudged by the Court that on the tenth day of October, 1913, that the defendant, Leo M. Frank, be executed by the Sheriff of Fulton County in private witnessed only by the executing officer, a sufficient guard, the relatives of the said defendant and such clergymen and friends as he may desire;”

“Such execution to take place in the common jail of Fulton County, and that said defendant on that day, between the hours of 10 o’clock a.m. and 2 o’clock p.m. be by the Sheriff of Fulton County hanged by the neck until he shall be dead, and may God have mercy on your soul.”

“In open court, this 26th day of August, 1913. L. S. Roan, Judge of the Stone Mountain Circuit, presiding.”

“When Judge Roan had finished reading the sentence Frank sank back into a chair between his two friends, Leo Strauss and Julian Boehm. His face had grown a bit paler, but the calm stolidity which characterized his attitude throughout the grim proceeding remained.

Attorney Reuben Arnold, who had defended Frank at the trial, arose and addressed Judge Roan.

“Your honor,” he said, “we make a motion for a new trial.”

“I will hear the arguments on the motion on October 4,” replied Judge Roan.

Luther Rosser, Frank’s chief of counsel, was heard to remark, aside when this date was fixed: “Well, that will extend the time of execution then.”

At 10:40 o’clock Frank took his place between two deputy sheriffs and was escorted down to an automobile waiting below and whisked off to the jail. At the doorway to the Thrower building another automobile containing Mrs. Leo Frank was waiting. When Frank emerged from the building, he exchanged glances with his wife, but no words were spoken.

When the machine with the prisoner moved out into the street towards the jail Mrs. Frank’s automobile fell in behind and followed.

No Women Hear Sentence Passed.

But a few persons not more than 30 in all heard the passing of the sentence. Amongst them, there were but two of Frank’s friends, Strauss and Boehm. The other witnesses were made up of Sheriff Mangum, half a dozen deputy sheriffs, numerous court attaches, and newspapermen. There were no women in the courtroom.

Frank came in before this counsel. Smilingly they nodded to those in the room. Shortly after he had taken a seat Rosser and Arnold came in and took seats close by Frank.

To Arnold, Frank leaned over and whispered:

“What shall I say?”

“That your case is in the hands of your counsel,” replied the attorney.

Sheriff Mangum escorted the judge to his bench and stood during the reading of the sentence with his back to the window near the bench, facing the crowd. He did not look at Frank throughout the proceedings.

At the close of the sentence, there was no demonstration of any kind. Quietly the crowd filed out behind Frank and waited until the elevator, descending from the fourth floor with the prisoner and his captors only, returned for them.

The automobile bearing Frank, with the fateful words “sentenced to hang by the neck till dead” still echoing in his ears, arrived back at the grim old Tower at 10:40 o’clock. Frank stepped out between Deputies Burdette and Owens. His face was a bit sallower, his eyes a little wider open. Otherwise, he was the same astoundingly cool prisoner.

The trio walked to the jail door and Frank asked his escorts to wait a moment. A minute later another car drew up and the devoted wife of the convicted slayer alighted, Deputy Scuttles at her side.

Frank’s face lighted up. Mrs. Frank smiled the tragic smile of courage and loyalty and they were clasped in each other’s arms, the young wife showering kisses on the man who had just heard his doom pronounced.

They disappeared into the gloom of the jail corridor, Mrs. Frank’s arm around her husband’s shoulder a shielding, motherly embrace that touched the men who walked with averted faces at Frank’s side.

A moment more and Frank was in his mother’s arms at the cell screened from foreign eyes and words of hope showered upon him to drown the echo of the terrible pronouncement of a brief while back.

The young woman was dressed in black, relieved only by a white lace collar. She looked composed, but the traces of a night and weeping were in her eyes. The mother was pale and worn. Neither would talk to newspapermen.

Mob Influences Jury, He Says.

Emil Selig, the father-in-law of Frank, brought him his breakfast Tuesday morning. The convicted man, if he suffered any shock from the verdict Monday, was said to have recovered entirely from it by the morning. He was as stoical as ever and even while in the shadow of the gallows, he expressed himself as just as certain that he ultimately would be exonerated of the terrible crime as he was on the first day he was suspected.

“My God’. Even the jury is influenced by mob Law,” were the words with which he greeted the news of the verdict Monday afternoon.

Frank was with his wife at the Tower when the intelligence came Rabbi Marx, Dr. Rosenberg, the Frank family physician, and a number of their friends were in the office of Sheriff Mangum, Dr. Rosenberg arriving some minutes after the verdict was known at his courthouse.

Rabbi Marx and Dr. Rosenberg went with the news to the accused man and his wife.

“The jury has found you guilty, see,” said the physician.

Mrs. Frank screamed and broke into hysterical weeping. It was her husband who calmed her and assured her that everything would be all right in the end.

Within a few minutes, he persuaded her to leave the jail in company with Rabbi Marx and Dr. Rosenberg. The traces of the tears were still on her face when she came through the corridor. With the aid of her escort, she avoided the newspaper men and entered the waiting automobile.

Dr. B. Wildauer came down shortly after. “I am as innocent today as I was a year ago,” was Frank’s comment on the verdict, according to Dr. Wildauer.

The blinds of the Selig home at No. 68 East Georgia Avenue, where Frank and his wife lived with her parents, were closed Tuesday morning. Neighbors said that Mr. and Mrs. Selig and their daughter had stayed with relatives overnight.

Attorney Arnold left for Bedford Springs, Pa., Tuesday afternoon for a month’s rest. Mr. Arnold will return to Atlanta in time to participate in the argument for a new trial for the pencil factory superintendent, which has been set for October 4.

* * *

Atlanta Georgian, August 27th 1913, “Fight Begun to Free Frank,” Leo Frank case newspaper article series (Original PDF)

Atlanta Georgian
August 28th, 1913

Solicitor Cites Prisoner’s Statement on Stand, “Now is the Time, This is the Place.”

Solicitor Dorsey was as busily engaged on the Frank case Thursday as he was any day before Leo Frank was convicted of the murder of Mary Phagan. If the factory superintendent finally succeeds in avoiding the penalty fixed it will not be because the Solicitor has not fought to the uttermost of his strength to put the rope around Frank’s neck.

Briefly but pointedly Solicitor Dorsey Thursday morning summed up his opinion of Leo Frank’s latest alleged statement concerning the trial and the Solicitor’s speech.

“Frank,” said the Solicitor in his quiet manner, “declared on the stand that now was the time and here the place, That’s all I have to say.”

The Solicitor declared that the State would ask the new Grand Jury which will be sworn in Tuesday, to indict Jim Conley immediately as an acknowledged accessory after the fact to the murder of Mary Phagan. He declared further that he had no intention of asking for a shortening of the sentence, as this was in the province of the Grand Jury and the judge.

No Vacation for Dorsey.

Although worn out as a result of the long strain, Solicitor Dorsey declared Thursday that it was his intention to keep right at work without taking a vacation. A few days of “taking it easy,” he said, will put him in excellent shape for the remainder of the summer.

The wheels of activity in the Solicitor’s office, which had stopped for a few hours after Frank’s conviction was obtained, started again Thursday as noiselessly and smoothly as though there had been no interruption of their tireless activity.

If the lawyers for Frank are going to put forth herculean efforts to save him from the gallows, every move on their part will be met with the most stubborn resistance by Dorsey.

When they announced that they would ask Judge Roan for a new trial the Solicitor calmly gave out that he proposed to ask the indictment of Jim Conley as accessory after the fact from the next Grand Jury at its first session.

In this he appears to display a certain confidence that the verdict of the twelve jurors last Monday will not be set aside. If Frank at a subsequent trial were found not guilty of the murder. Conley’s conviction as accessory after the fact, if not illegal, at least would be anomalous, in that there could be no accessory after the fact from the next Grand Jury at its first session.

In this he appears to display a certain confidence that the verdict of the twelve jurors last Monday will not be set aside. If Frank at a subsequent trial were found not guilty of the murder, Conley’s conviction as accessory after the fact, if not illegal, at least would be anomalous, in that there could be no accessory after the fact of the murder if a jury decided that Frank was innocent.

The announcement by Frank’s attorneys that they would continue their fight into the higher courts in the event that Judge Roan refused them a new trial was met by the renewed activity of the Solicitor in seeking out new evidence against the convicted man.

Exactly as though Frank were still in the Tower awaiting trial, the Solicitor gathered about him Wednesday and Thursday the detectives who have been working on the case and instructed them to run down rumors he had heard during the last days of the trial in respect to evidence which […]

DORSEY FIRM IN BELIEF FRANK WILL HANG

Solicitor Prepares to Battle Appeal of Doomed Man for a New Trial.

[…] was said to be damaging to the superintendent.

If the case is reopened by a new trial, the Solicitor proposes to have strands of evidence even more strongly woven than they were at the first trial. The investigation is continuing with almost the same vigor that it did in the early days of the mystery, except that only three detectives are working on the case now. They are Bass Rosser, J. N. Starnes and Patrick Campbell.

Frank Aids Counsel.

Whenever a report comes to the Solicitor’s office of any new evidence, it is investigated by the detectives with the same care as it would have been received before Frank was condemned to death. It is regarded as likely that Dorsey will have a number of new witnesses if another trial is granted to the convicted man.

Frank, apparently as cheerful and optimistic as he was before the twelve jurors voted him to hang, is assisting his attorneys in picking out what it considered the weak points of Solicitor Dorsey’s case against him. With a mass of clippings and court transcriptions before him, he is boiling down the most important testimony of the trial and noting the various phases of the investigation as it progressed. Incidentally, he is preparing a statement in reply to the closing argument of the Solicitor which he has described as “full of holes as a sieve.”

The prisoner is being made comfortable at the Tower during the period that he is awaiting final disposition of his case. A new bed and some other furnishings were brought there, and Frank’s quarters were thoroughly cleaned and renovated.

The prisoner’s wife and his mother visited him during the afternoon, his wife remaining until nightfall. His mother will return to Brooklyn within a short time but probably will be back in Atlanta when the arguments for a new trial are made October 4.

Solicitor Dorsey has no doubt that an indictment against Conley as accessory after the fact will be returned by the next Grand Jury. The indictment will be the first thing that will be brought to the attention of the Grand Jury when it meets the first week in September.

Frank Works on Statement.

Frank continued Thursday to work on the statement which he intends as an answer to Solicitor Dorsey’s speech before the jury. He also received many visitors, among them his mother, Mrs. Frea Frank, who will leave shortly for her home in Brooklyn.

Mrs. Frank’s bearing showed no traces of the effect which the death sentence imposed upon her son must have had. She was dressed in a white shirtwaist and black skirt, with the broad-brimmed black hat which was familiar to courtroom attendants during the trial.

The prisoner’s father-in-law, Emil Selig, joined him at breakfast and remained for two hours. Frank’s wife did not visit her husband during the morning.

Friends reported the convicted superintendent as being in good spirits and very much engrossed in the statement upon which he is working.

Discharges Jury Which Tried to Indict Conley

The Grand Jury which took up the question of indicting Jim Conley, accuser of Leo Frank over the protest of Solicitor Dorsey will be discharged Friday by Judge George L. Bell, of the Superior Court. A new Grand Jury will be sworn in next Tuesday.

It is significant that the Grand Jury which sought to indict Jim Conley will not have the opportunity to indict him as an acknowledged accessory after the fact in the murder of Mary Phagan.

Judge Bell is expected to return Thursday while his colleagues, Judge Pendleton and Judge Ellis, will return in time for the new term which begins next Tuesday.

Sheriff Denies Frank Is Favored Prisoner

Denying vigorously that the floors of Leo Frank’s cell were being oiled and varnished. Sheriff Mangum Thursday morning declared he was treating Frank just like any other prisoner.

“It is folly to talk about Frank’s call being oiled,” said the Sheriff “when the floor of the cell is made of concrete.”

“I am treating Frank just like any other prisoner. Certainly no one can blame me for allowing him to earn food, that is sent to him by his relatives and friends and that is the only difference in treatment.”

* * *

Atlanta Georgian, August 28th 1913, “Reply Made to Frank’s Attack,” Leo Frank case newspaper article series (Original PDF)

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

Atlanta Georgian
August 17^th, 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.

Frank’s statement on the stand, which the law permits him to make, but not under oath, and which may be accepted by the jury, either in whole or in part, in preference to all the sworn testimony, will be matched against the story the negro told so dramatically and with such frightful emphasis soon after the case got under way.

Into the negro’s story, moreover, was injected the question of Frank’s general character, particularly in on unmentionable direction, and this the defense will undertake to offset completely and finally.

More than a hundred witnesses have been summoned to testify to Frank’s good character, and these include men and women from every walk of life, where it could be shown that such witnesses had come in contact with Frank from time to time in such wise as to be competent judges of his general character.

Dalton’s Testimony Impeached.

Already, the one witness (Dalton) so far introduced by the State to corroborate Conley has been successfully impeached by the defense, and it is likely that others introduced to uphold the negro also will be subjected to impeachment proceedings, if the defense suspects that it may successfully inaugurate the same.

The defense seemingly has realized fully the heavy necessity of breaking down Conley’s awful story, not only in direct connection with the murder, but in every phase of it that bears upon the character of the defendant.

As a primary proposition, the advantage in the situation thus set up dwells within the defense.

In the first place, Frank goes to the jury with the presumption of innocence in his favor. The burden is not upon him to make out a case in behalf of himself. It is upon the State to make out a case against him.

Moreover, the only right of appeal attaching to persons indicted for felonies is within the defense. Once the State loses, it is lost forever.

The State must allege and prove the guilt of the defendant “beyond a reasonable doubt,” and fight right up to that limit.

If there remains a reasonable doubt of Frank’s guilt, after the last word has been said to the jury, Frank, under the law, is entitled to it, and if the trial jury fails to award it, a court of review will remedy the legal wrong thus inflicted upon him.

All State Testimony Sworn.

The State, moreover, must submit every bit of its evidence, to the last shred or patch, under oath.

The defense, on the contrary, may clear itself upon testimony not one word of which is sworn to.

The State’s star witness, Conley, also comes into court a confessed accessory after the fact of the murder, a confessed falsifier in numerous conflicting statements as to his knowledge of and connection with the crime, and accompanied by a well established jail record fearfully and wonderfully made up.

His is a much harder story to hold up than Frank’s, viewing the two stories generally and in their broader personal aspects.

Even without Conley, to be sure, the State still has a circumstantial case against Frank that might compel considerable attention and respect, but there are few people who seemingly believe that it alone would be sufficiently strong to convict.

It probably is a realization of the State’s tremendous task, involved in the holding together of Conley’s story, that has caused […]

DORSEY SURE OF CASE AS CRISIS COMES

Solicitor Expects to Prove That Frank Had Life Which He Hid From Relatives and Friends

INTEREST CENTERS ON ATTACK ON CHARACTER

[…] the defense to train its every gun squarely upon it, for upon Conley’s story will the State be forced to stand or fall eventually.

One of the curious things about the Frank case is the way the question of his general character got into the pleadings.

Theoretically, the defense alone may put the defendant’s character in issue—it being contemplated by the law that no man shall be required, without his own consent, to answer more than one charge at one and the same time.

And so far as legal strategy and astuteness is concerned, the State ouegenera the defense in the matter of getting Frank’s character before the jury.

Had Conley, the State’s star witness, be[e]n a man, even a negro, of respectability and approximately good previous record, the necessity of attaching to Frank the charge of utter depravity might not have seemed so pressing. But Frank’s previous good record seemed so well established, and his standing generally was thought to be so high, that it contrasted rather painfully with the record of the main witness of all others (Conley) set up for the defendant’s undoing.

The State doubtless knew that the unspeakable portion of Conley’s evidence was primarily inadmissible, but it also knew that the defense would be taking rather a long chance to move its rejection when tendered.

In that event, a sinister and certainly dangerous impression would have been left upon the mind of the jury.

So the State deliberately drew out of Conley the unmentionable charge, which, in addition to the murder charge, undoubtedly made absolutely necessary the injection of Frank’s character in issue.

The defense, in not objecting to the admission of the evidence last cited when it was first offered, may have been moved by the idea that it would, in the cross-examination of Conley, so break him down that it still might save itself the necessity of pleading Frank’s good character—that it would even be able to make the frightful charge of perversion act as a boomerang on Conley!

Defense’s Delay Gives State Victory.

Seemingly, that idea, if it ever existed, was dissipated as the Conley cross-examination proceeded, however, for eventually the defense DID move to strike out the evidence, but at that time it was too late.

Having walked into the trap set by the State, if it indeed was a trap, the defense could not very well extricate itself save by pleading Frank’s complete good character, and thus in a sweeping way dispose of the specific charge lodged against Frank by Conley, in addition to the murder charge.

Once committed to the necessity of establishing Frank’s good character, however, the defense went at it in no half-hearted way.

It summoned, indiscriminately every employee of the National Pencil Factory, male and female, old and new, and with a unanimous voice they testified willingly and thoroughly that the defendant’s general character is good.

In addition to these witnesses, business men, former college professors and classmates, and dozens of others fell into line with the same line of evidence.

The State now stands, therefore, where it must close up the gap between its primary allegation, dependent alone upon Conley’s word so far, and the absolute proof of his sinister story.

If the State in rebuttal is able to prove conclusively that Frank is the thing Conley has labeled him, the State’s case will go to the jury dangerously formidable.

If it fails to substantiate and corroborate Conley, it will go to the jury greatly weakened.

To overcome the fine showing as to Frank’s good character made by the defense the State must bring forth witnesses in rebuttal that can not be impeached.

The impression throughout Atlanta is that to fail in the establishment and corroboration of Conley’s story by witnesses of integrity and standing will be to fail in a crisis heavily important to the State now.

Strange to say—there are so many strange things to say in this surprisingly strange Phagan story—one of the State’s apparent weaknesses is proving, in one direction, to be one of its greatest elements of strength.

The defense’s strenuous insistence that Conley’s remarkable story is impossible is one reason why a lot of people are saying that it is impossible. Conley may have manufactured it out of the whole cloth.

If it is a lie, it is a lie too devilishly cunning for a negro of Conley’s limited mentality to conjure or carry in his own mind in such remarkable detail, these people hold. If the negro were only less sure of everything, if he had wabbled dangerously under the terrific grilling administered by Luther Z. Rosser, if he had broken down or contradicted himself in any essential detail once he got to the witness stand, it now would be an easier thing for many people, fair-minded enough, too, to believe the negro’s tale a mass of lies from start to finish!

And the danger to the defense here is that if Conley’s story sticks in the minds of the jury, even in fractional part, it probably just as well stick in its entirety, so far as the hope of acquittal upon this trial is concerned.

Whole Story Must Be Torn Asunder.

In other words, many people are arguing to themselves that the negro, no matter how hard he tried and no matter how generously he was coached, still never could have framed up a story like the one he told, unless there was somewhere in it some foundation in fact.

And if there remains the impression of even a little foundation in fact, the defense is damaged beyond repair.

And so it gets back to where it started, and to where it will end—it is Conley pitted against Frank!

The State, with the burden of proof to carry, appears to have considerably more of an uphill fight on its hands than the defense has, and yet the very nature of both fights—uncompromising, and neither asking nor giving quarter—makes it something of a toss-up, really, as to which actually, and as a matter of fact, has the harder task to perform.

Undoubtedly, the defense expects to profit much through its insistence that the time element, as set up in Conley’s story, constitutes a most vital and compelling factor in determining the truth or falsity of the entire story.

It is rather odd, too, that the defense should be relying upon the State’s witnesses in this matter quits as much as upon its own. It will seek to use generously the State’s witnesses to the State’s embarrassment—through the discrediting of Conley’s story—in several different directions.

The defense is seeking to show how utterly absurd Conley’s story is from Frank’s point of view, by setting up these incompatible things:

Time Element Again Enters Case.

That Mary Phagan (Conley’s testimony) reached the pencil factory sufficiently well in advance of Monteen Stover (Conley’s testimony) to go up to Frank’s office, get her pay, be lured to a room in the rear and killed, notwithstanding the fact that Miss Stover (Conley’s and Miss Stover’s testimony) reached the factory at 12:05. And this despite the fact that Mary Phagan could not have been in the factory before 12:12, in any event, as shown by Mrs. Coleman (Mary’s mother), George Epps, a motorman, and a conductor.

To get around this state of things, set up for the most part by the State’s own witnesses, the State already has suggested, by a line of examination probably to be amplified, that the car upon which Mary Phagan came into town on Saturday, April 26, was running AHEAD of scheduled time, and that the little girl did, as a matter of fact, reach the factory before 12:12, and that the clock in the factory, by which both Miss Stover and Conley testified as to the time, was running SLOW on the day of the crime.

In other words, to meet its own witnesses’ statements, the State will move backward the time of the street car and move forward the time of the office clock!

If the State can do that, which looks like a big job, it will eliminate the dangerous time element in one direction, at least; but if it can not do that, it will find itself in a most trying position.

And whether it now can get away from its own established time element is one of the very prettiest problems involved in the entire case thus far!

Again, the defense will insist that the time element cuts in another direction most favorably in Frank’s behalf, when it will show by Conley’s evidence that the disposing of the Mary Phagan’s body began at 12:56, but that Frank was seen at the corner of Alabama and Whitehall streets at 1:10, waiting for a car. The latter fact is testified to by Miss Helen Curran positively, and she is unimpeachable.

Every Second Has Important Bearing.

The defense contends that the body of Mary Phagan could not have been disposed of, and the things done that Conley alleges were done, within the fourteen minutes of time thus allowed, between the beginning of the work, according to Conley, and the time of Frank’s presence two blocks and a half away.

Conley would have been obliged to dispose of the body in the remarkable way he says he did, have written the notes, remained in the wardrobe eight minutes or more, all within the fourteen minutes.

According to the State’s own witnesses, Conley was in the wardrobe eight minutes and used six minutes framing the notes. This would have consumed the entire fourteen minutes, without the dead girl’s body ever having been touched.

It is admitted among lawyers generally that there is no defense so completely effective as a sustained alibi—which means that the crime alleged was committed in the absence and without the knowledge of the alleged principal to it, or, more properly stated, perhaps, that the crime could not have been committed by the defendant because it would have been a physical impossibility for him to have effected it in the circumstances of it.

The past week, of course, was the defense’s day in court, and it is but fair to say that it made good use of it.

Evidence Really Challenge to State.

It has frankly and aggressively urged Frank’s character as a vital fact in his favor, and it thereby challenged the State to do its very worst by way of breaking that character down, if it can.

This attitude upon the part of the defense undoubtedly has had a steadying effect upon the public, too, for it seems at least to have suspended judgment pending the State’s rebuttal.

In addition to its insistence upon Frank’s good character, the defense unquestionably has given the State serious concern in the way it has brought forward the time element, and that in two separate and distinct directions.

If it successfully maintains either one of its time theories, it will have greatly discredited Conley’s story. If it successfully maintains both theories, it will have about discredited the Conley story to the point of complete collapse.

As it was out of order to conclude at the end of the second week of the Frank trial, however, that the State had made out a case that could not be broken down, so it now is out of order to conclude that the defense has broken down the State.

The State for one thing does not appear to be particularly alarmed, either by the injection of Frank’s character or by the turning of the time element against the Conley story.

The State, it must be remembered, has not yet entered or disclosed its rebuttal, either of the character evidence or the undermining of its own witnesses as to the time elements stated.

Dorsey Seems All Confidence.

It is perfectly confident of its ability to show that Frank’s character is not good, despite the opinions of his friends, business associates and acquaintances; and it will insist, indeed, that as in other depraved characters of the sort it claims Frank to be, his business acquaintances, his relatives and his social intimates would be the very last people of all to discover the truth concerning him.

The State, in seeking to prove Frank a dissolute character, may be forced to the summoning of dissolute characters, with whom he is alleged to have been associated in degrading practices, in order to prove its contention.

Thus witnesses brought out by the State to establish Frank’s depravity are apt to be easier marks for impeachment proceedings than witnesses of the ordinary sort, and to that extent the breaking down of Frank’s character is pregnant with difficulty.

Nevertheless, the State proposes to establish the fact of Frank’s degeneracy by witnesses of sufficient credibility, particularly in the nature of the charge sought to be proved, to get by at least in sufficient numbers to overwhelm the defendant.

If the State can put up even one or two witnesses that can weather the gale of the defense’s rights of impeachment, it will have put Frank in a most unenviable position before the jury. If, therefore, it puts up 50 witnesses, and 48 of them get knocked out, there still will remain the two that stood the test!

Here, then, is another pretty problem to be thrashed out: Can the State, in sustaining a charge of degeneracy against Frank, bring forth witnesses to prove it absolutely, and at the same time not bring forth witnesses so much a party to Frank’s offense that they will run serious risks in testifying themselves?

A witness who is willing to swear that he saw Frank do thus and so, or was a party to Frank’s doing thus and so, if the thus and so is particularly reprehensible, is apt to get on pretty thin ice himself, if he isn’t very careful!

The State says it can and will rebut Frank’s good character. If it does, Frank is in unutterably bad shape; but if it doesn’t, Frank’s cause must be helped tremendously.

Frank Really Combats 2 Charges.

It is markedly unique in the annals of judicial procedure in Georgia, as it is contrary to the entire theory of the law, that Leo Frank should be engaged now in combating at one and the same time two of the gravest crimes in the catalogue of crime, when he has been indicted for only one.

As extraordinary as the Frank case is in so many of its ramifications, it is extraordinary in nothing more than in that!

And yet, which is additionally unique, the fact that he is answering two charges simultaneously is largely the fault or the misfortune of his own lawyers!

Judge Roan virtually admitted that had the more sinister charge of Conley been objected to by the defense at the proper time, he would not have admitted it. It was not objected to, however, and it, therefore, was left in the record. So, in a way, if not technically, Frank is answering the two charges of his own voluntary motion!

Apparently neither the State nor the defense has hesitated to suggest things calculated to prejudice the minds of the jury whenever either could.

For instance, the examination of Mrs. Rea Frank, the defendant’s mother, as to the extent of her wealth and many details of her private life, and the suggestion that for some reason or other Mrs. Leo Frank refrained from visiting her husband in jail for two weeks or more after his arrest, seemingly were injected more by way of arousing some vague suspicion in the minds of the jury, rather than by way of proving anything definite.

On the other hand, the defense has not hesitated to suggest, wherever it could, that the entire charge against Frank is a police and detective “frame-up,” and that Conley has been used merely as a cat’s paw to convict Frank; the presumption being that the big rewards offered for the arrest and conviction of Mary Phagan’s murderer may later be distributed among these officials.

This suggestion seems to have been thrown out largely in the hope that the jury would assimilate enough of it to throw discredit over the entire case of the State.

Most Bitterly Fought Case in State.

There never has been in this State a case fought so bitterly and so uncompromisingly as this one of the State vs. Leo Frank.

Besides the life and liberty of Leo Frank, the preservation of his home and family circle, the restoration of his erstwhile good reputation, there are big fees a stake, big reputations to be preserved, big prejudices either to combat or pander to—and there is even some politics involved!

All in all, however, the public seems impressed with the idea that the trial has been as fair and square thus far as human ingenuity can make it, and that neither side has been given any undue advantage over the other in any quarter.

Much of the bitterness that has crept into the trial has been occasioned, of course, by reason of the fame and tremendous significance of the case. It is a battle to an everlasting finish, and both sides are pressing it on that exact theory.

Despite the fact that the case now is entering its fourth week, with the end not yet in sight, public interest still is at fever heat over it. No topic is talked so exhaustively about the streets, in the cafes and hotel lobbies, and even in the homes, as the now celebrated Phagan case.

Great crowds throng the stuffy little courtroom daily, and the hours have been few when admission could be obtained without extreme difficulty.

It is not thought likely that the arguments will begin before the end of this week, and probably not until next. It is anticipated that it will require not less than three days for the lawyers to finish their discussion of the case before the jury. Nobody looks for a verdict within the present week, unless the unforeseen happens.

Speculation as to the outcome of the trial is varied and general. The most widespread impression is that the case likely is headed for a mistrial, although there are many people who believe the jury will make a verdict before dissolving.

Newt Lee Falls Into Lazy Ways in Prison.

Newt Lee should worry. Being a prisoner is no the most undesirable occupation in the world for the old negro. There is no work to do, and now that he is safely beyond suspicion in this Mary Phagan case there is nothing for him to bother over.

Altogether, being in jail all day, alternatively sleeping and dawdling from meal to meal, never leaving his cell seems to suit the factory night watchman. Newt Lee has fallen into lazy ways there in the Tower.

The negro has been assigned to a cell almost directly above that of Frank, on the third floor south. He grumbles a bit at the monotony and scantiness of the prison fare, but then it comes safe and certain twice a day.

No More Fat of the Land for Jim Conley.

Time was when Jim Conley lived on the fat of the land. That was when he was the most prominent negro prisoner in Georgia, the vital witness in the case of the State against Leo M. Frank. None of your prison fare for him! They brought his breakfast of thick steaks and chops to his cell. Lawyers were considerate of the negro, and Jim experienced fat days, indeed for a little while.

Against his will, it is declared, they forced on him a cold bath and some good clothes, and he came to court in unwonted fine apparel.

But “sic transit gloria” Jim Conley. The sad fact comes that he is about to be forgotten at the jail. No more are his meals brought to him, and like the other “niggers,” who never even got their names in the paper, he must subsist on prison fare—two meager meals a day.

Jim Conley, in his cell on the first floor north, sulks a little because of the unkind fate that has sent him back to grits and bread and water for breakfast. And he has taken no bath since.

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Atlanta Georgian, August 17th 1913, “Supreme Test Comes as State Trains Guns on Frank’s Character,” Leo Frank case newspaper article series (Original PDF)

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

Atlanta Journal
August 16^th, 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.

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

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

Atlanta Georgian
August 16^th, 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.

The stage had been appropriately set for the dramatic effect. The audience had a man of unquestioned wealth back of him, with a little girl of the common masses of the common people called the victim of his degenerate lust.

Atlanta’s most noted criminal lawyers confronted a young prosecutor and a young lawyer who is seeking the accolade of the bar.

A cornfield “nigger” had told his simple story. There was even the air of minstreley in his testimony, though it was as black as the charge against the man who looked on him calmly and unafraid during the minutes and hours in which he spoke words that helped the opposition in its desire to fasten a rope around his neck.

This same man had sat coolly when another negro, a being of a different type, had told a story as sinister as Satan, as awful as the wrath of Jove. He sat, and without a noticeable change of expression, heard this being accuse him of a deed as dark as murder.

And all though this ordeal a woman had sat near the accused man. Her eyes had faced his accusers. They had faced them boldly. Her bearing was remarkable.

The Last Straw.

But a straw will break a camel’s back, the old saw declares.

The straw fell, and the camel’s back caved as dynamite destroys.

But the break came unexpectedly.

Ashley Jones, an insurance man, had told of Frank’s good character on the witness stand.

He paused for cross-examination. Solicitor General Dorsey asked him if he knew of any acts of perversion Frank had committed.

Then the volcano that had been dormant for ages became active. Then the race that has endured martyrdom broke its silence. Then the mother, who believes in her heart that her boy could do no wrong, spoke.

“He never heard such a thing, and neither have you,” and her voice was blazing when she spoke it.

Then the drama was furnished. The audience rose from the seats. Eyes were fixed. Breaths were shortly drawn. Seconds seemed hours.

It had taken mother love, the tenderest of all passions, to furnish the incident that had really stirred.

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Atlanta Georgian, August 16th 1913, “Mother’s Love Gives Trial Its Great Scene,” Leo Frank case newspaper article series (Original PDF)