Watchman Swears Elevator Was Open; Changes Evidence

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

Atlanta Journal
August 1st, 1913

E. F. Holloway Angers Dorsey When He Testifies Contrary to Affidavit—Had Told Dorsey Elevator Switch Was Locked

Court adjourned at 4:58 o’clock until 9 o’clock Friday morning after a day of surprises in the trial of Leo M. Frank, charged with the murder of Mary Phagan, in the National Pencil factory building.

That the switch board which controls the motor used to operate the elevator in the National Pencil factory, where Mary Phagan was murdered was left unlocked Saturday morning when he left the building at 11:45 o’clock, and that anybody could have entered and run the elevator up and down the shaft during the balance of the day, was the statement of E. F. Holloway, one of the factory’s watchmen at the trial of Leo M. Frank late Thursday afternoon.

Although Holloway made an affidavit for Solicitor Hugh M. Dorsey, which he identified in the court room, swearing to the fact that he left the switch box locked on that Saturday, he positively declared on Thursday that he left it unlocked, and when confronted with his own signature answered, “I forgot.”

Continue Reading →

Mrs. Callie Scott Appelbaum Attends Trial of Leo Frank; Believes in His Innocence

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

Atlanta Journal
August 1st, 1913

A woman sat among the spectators at the Frank trial Thursday afternoon, a pretty blue-eyed woman neatly clad in a white shirtwaist and black skirt.

“Four months ago,” she was thinking, “I was in the position of that boyish-limbed youth over there. Four months ago, I, too, was accused of murder, was on trial for my life. Four months ago men and women came to stare at me, even as I am staring at him now.”

The woman was Mrs. Callie Scott Appelbaum, who was freed last spring of the charge of slaying her husband in the Dakota hotel.

Continue Reading →

Frank Trial Crowd Sees Auto Knock Down Youth

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

Atlanta Journal
August 1st, 1913

Thronged Streets Prevented Driver Seeing Raymond Roddy—Not Seriously Hurt

Raymond Roddy, a thirteen-year-old boy who lives at 66 Williams street, was knocked down by an automobile about 9 o’clock Thursday morning near the corner of Pryor and East Hunger street, not far from the old court house where the Frank trial is taking place.

The boy was crossing Pryor street at the time, attracted by the crowd of curiosity seekers gathered around the court house. The automobile was driven by H. H. Hooten, of the Adams Grocery company, who was taking it to the shop on Mitchell street.

On account of the crowded street it is said, Hooten did not see the boy until the machine was upon him. The accident is said by spectators to have been unavoidable.

The little fellow was not unconscious, and at the Grady hospital, where he was taken, physicians said that he would probably be able to leave during the morning. No bones were borken [sic].

Picnic and Theories Mark Noon Hour in Frank Trial Court Room

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

Atlanta Journal
August 1st, 1913

Spectators Remain From 5 to 7—Lunch Boys Acquiring Wealth

A court room where a man is on trial for his life is a strange place for a picnic, yet from 12:30 to 2 o’clock every afternoon the room where the Frank trial is taking place has all the appearance of the pavillion at Grant park on a hot July Saturday.

The benches are spread with boxes and sacks, sandwiches, chicken, cake, all the other essentials of a picnic lunch save ice-cold lemonade, are passed about from man to man, and the noon hour dinner is eaten with as much good-natured laughter as if there was never such a thing in the world as a murder trial.

True, most of the table conversation is of the latest testimony, and if there are after dinner speeches made they are sure to take a theoretic turn. But the afternoon session is an aid rather than a hindrance to digestion.

Continue Reading →

Lawyers Battle Over Testimony of Frank’s Nervousness; Witness Swears Negro Was in Factory About 1 o’Clock

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

Atlanta Journal
August 1st, 1913

DARLEY’S ADMISSIONS ABOUT FRANK’S DEFENSE OFFSET BY HIS EVIDENCE IN REBUTTAL

Having Admitted Frank Trembled, That He Was Pale and Seemed “Upset,” on Cross-Examination Mr. Darley Said Frank Was Naturally of a Nervous Temperament and Told of Tedious Work He Did on Saturday in Preparing Financial Sheet

JUDGE ROAN REVERSES HIS RULING IN REFERENCE TO EVIDENCE ABOUT WHETHER OTHERS WERE NERVOUS

Attorneys for Defense Had Intimated That His Refusal to Admit This Evidence Was Good Ground for Appeal—Mrs. White’s Testimony That She Saw Negro Lurking Near Stairway at 1 o’Clock Saturday a Feature of Morning Session

Little progress was made at the morning session Friday of the fifth day of the trial of Leo M. Frank for the murder of Mary Phagan. The state showed by one witness that a negro was sitting on a box on the main floor shortly before 1 o’clock at the point Jim Conley claims he was sitting when he says Frank called him.

The state also introduced its best testimony relative to the nervousness and general demeanor of the defendant on the morning that the crime was discovered.

The witness, who gave his testimony was N. V. Darley, who also materially aided the defense by a number of points brought out on his cross-examination by Attorney Reuben R. Arnold. Considered of special value to the defense was his statement that with the time clock in the condition that it was on Sunday anyone understanding its mechanism could have made the punches for twelve hours within five minutes. The defense, brought out by Darley a statement that it had been hammering home since the trial first started, namely that the elevator and its motor made much noise when running and that a saw on the fourth floor ran simultaneously with the elevator. The inference is that the defense will argue that if the elevator ran shortly after noon or even up to 3 o’clock that White and Denham, working on the fourth floor, would necessarily have heard it.

Continue Reading →

Rosser Riddles One of the State’s Chief Witnesses

Solicitor Dorsey is shown in a characteristic attitude as he questions the state’s witnesses. To his right the defendant, Leo M. Frank, is shown.

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

Atlanta Journal
July 31st, 1913

Detective John Black “Goes to Pieces” Under Rapid-Fire Cross-Questioning of Frank’s Attorney at Afternoon Session

Action characterized the Wednesday afternoon session of the Frank trial, and it was the first time the tedious proceedings had taken on life enough to attract more than passing interest.

This action came in the fierce and merciless cross-examination of Detective John Black by Attorney Rosser, leading counsel for the defense. Black has taken a prominent part in the investigation of the Phagan murder, and it was expected that he would prove one of the state’s principal witnesses, but before Mr. Rosser had finished with him he went all to pieces and admitted that he was hopelessly confused.

There were only two witnesses at the afternoon session—Detective Black and J. M. Gantt, the former shipping clerk at the pencil factory. Gantt was on the stand but about twenty minutes and the only two important points in his testimony were assertions that Frank knew Mary Phagan and that Frank seemed to be frightened and very nervous when the witness saw him at the pencil factory door on the evening of the murder.

Continue Reading →

Witnesses of Frank Trial Have Tedious Job of Merely Waiting

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

Atlanta Journal
July 31st, 1913

At First It Was Picnic for Them, but Now It’s Only a Long, Long Wait, in a Crowded Room Under a Burning Roof

The witnesses in the trial of Leo M. Frank undoubtedly have had the hardest time of it to date. If they testify they must run the gamut of Luther Rosser’s sledge-hammer cross-examination or Solicitor Dorsey’s boring-in tactics; if they don’t testify they must wait, and the waiting is the hardest part of all.

One of them in the upstairs hall above the court-room declared Wednesday, “I can’t stay up here, it’s too hot. If I go downstairs a policeman runs me away. But I’ve got to stick around.”

Continue Reading →

Machinist Tells of Finding Blood, Hair and Pay Envelope On Second Floor, Where State Claims Girl Was Murdered

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

Atlanta Journal
July 31st, 1913

BLOOD SPOTS AND HAIR FOUND ON DAY FOLLOWING DISCOVERY CRIME HAD BEEN COMMITTED

Pay Envelope Was Found Near Machine Used by Mary Phagan Some Days Later—Find of Strands of Hair on Lathe Was Reported to Quinn, Who Notified Darley—Mell Stanford and Magnolia Kennedy Also Saw It

BARRETT’S EVIDENCE MOST IMPORTANT YET TOWARD PROVING CRIME WAS COMMITTED IN METAL ROOM

Mell Stanford and Harry Scott Also Tell of Finding Blood Spots, but Scott’s Testimony Is Not Entirely Satisfactory to Either State or Defense—Monteen Stover on the Stand. Will Conley Testify in Rebuttal Only?

New and sensational testimony for the state was given by R. P. Barrett, a machinist at the National Pencil factory where Mary Phagan was murdered on April 26, when Barrett Thursday afternoon declared from the witness stand that he had discovered early Monday morning following the tragedy a large blood spot, surrounded by a number of smaller spots, at the water cooler near the dressing room on the second floor of the factory. Barrett testified further that he had found a broom nearby which from its appearance evidently had been used to smear the large blood spot over with a white substance.

Barrett testified further that on the same morning he had found strands of hair on the lathe of the machine used by him and that he had called this discovery to the attention of Magnolia Kennedy, Mell Stanford and Lemmie Quinn, and that Quinn had notified Darley. The solicitor developed through Barrett’s testimony that no girls had been at the factory since Friday afternoon before the crime, his purpose evidently being to show that the hair must have been that of Mary Phagan. In addition to this testimony, Barrett swore that a few days after the murder he had found in the area near Mary Phagan’s machine a portion of a pay envelope. There was nothing on the envelope to positively identify it as having belonged to Mary Phagan.

The fact that blood spots were found in the metal room on the second floor was also established by the state through the testimony of Harry Scott, the Pinkerton detective, and Mell Stanford, an employe of the factory.

Continue Reading →

Uncle of Frank, Near Death in Far-Off Hospital, Is Ignorant Of Charges, Against His Nephew

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

Atlanta Journal
July 30th, 1913

Moses Frank Has Been Given No Inkling of Circumstances That Now Are About Frank Family—He Is Seriously Ill in German Hospital

Lying at the point of death in a hospital in far-off Germany is the uncle of Leo M. Frank, unknowing that for the last three months his favorite nephew has been imprisoned on the charge of murder and that today he is on trial for his life.

This is what an attorney for the defense says. He declares that uncle how regarded Leo Frank almost as his own son, has been too ill for many months to be given an inkling of the new circumstances about the Frank family and that he still believes his nephew is as he left him.

For a long time Moses Frank has been in bad health. In search of relief he went abroad, hoping that the treatment of European specialists would cure him. But Moses Frank grew worse instead of better, and on the day Mary Phagan was murdered he still was in Europe, while grave fears were entertained for his recovery.

They have been afraid to tell him about his nephew, apprehensive that the shock would cause the spark of life, already so feebly burning, to flicker out.

Claims Mincey, When Needed, Will Testify

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

Atlanta Journal
July 30th, 1913

Attorney for Defense Says the State Won’t Hurt His Character

“Mincey will be Johnny-on-the-spot when the defense needs him to testify.”

Those were the words of Joseph Leavitt, one of the lawyers for the defense in speaking Tuesday afternoon on the affidavit sworn to some time ago by W. H. Mincey, by which the defense hopes to prove that Jim Conley confessed to Mincey that he killed a girl on the day Mary Phagan was murdered.

Attorney Leavitt would not say where Mincey was staying, but declared that he was in town; that he had been with him Tuesday afternoon, and that he would stick to his affidavit when called upon to testify.

It is know that Mincey stayed Monday night at the Williams house No. 3, where he registered as coming from Rising Fawn, Ga. Attorney Leavitt says that Mincey has been teaching school there since he left Atlanta.

“It is rumored,” said Attorney Leavitt, “That the state will try to break down Mincey’s character. I don’t care how many affidavits they get against him. I can bring forward hundreds of prominent Atlanta people, teachers, preachers, and merchants, who will swear that Mincey is an honest man. And I’ll subpoena ’em, too.”

Trial is No Ordeal for Me, Says Frank’s Mother

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

Atlanta Journal
July 30th, 1913

She Declares Her Confidence in Son’s Innocence Makes It Easy for Her

“My son never looked stronger than at this moment,” said Mrs. Ray Frank, of Brooklyn, Wednesday morning. “The trial isn’t telling upon him because he isn’t worrying. He is confident because of his innocence and because of his certainty of an acquittal.

“Neither his wife nor myself is anxious. Of course, we feel the heat and it is tiring to sit here in the court room throughout the day. But, like my son, we are not afraid. Why should we be? We know that he is innocent and we know that, because of this fact, he will be acquitted.

“I, his mother, know that he is free from all guilt of the charge upon which he is being tried, and that this trial can have only one result—his acquittal.

Continue Reading →

No “Shirt-Sleeves” for Lawyers in Frank Case

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

Atlanta Journal
July 30th, 1913

For the sake of expediting the Frank trial, attorneys in the case are not permitted the comfort of “shirt sleeves” in the court room which, maintained at temperature Tuesday of 95 degrees.

Newspaper reporters and spectators may hang their coats on their arms, roll up their sleeves, and at least feel that they have prepared themselves against the heat. But before the trial began, Judge Roan, in discussing the legal attire, said humorously:

“Lawyers must wear coats. If I let them go in shirt sleeves they’d feel so comfortable this trial might never end. Now, for reporters, it comes so natural for them to slip out of things that they’ll just naturally take off their coats.”

Trial Thus Far Has Only Established Murder of the Girl

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

Atlanta Journal
July 30th, 1913

Tuesday Afternoon’s Session Hears of Beginning of Police Investigation Into Mystery of Mary Phagan’s Murder

Following in the sequence which it began with the introduction of the first witness, the prosecution of the murder charge against Leo M. Frank progressed Tuesday afternoon to the point at which the city detectives began their investigation of t[h]e murder mystery.

Beginning with Mrs. J. W. Coleman, mother of Mary Phagan, who saw her leave home about noon of April 26, the state established in succession her arrival at the corner of Marietta and Forsyth streets, and departure thence for the factory two blocks away—this by the newsboy, George Eppes; the ing of her dead body fifteen hours hour, in the pencil factory basement—this by the night watchman, Newt Lee; the arrival of the police and their official survey of the surroundings—this by Sergeant L. S. Dobbs; the beginning of the detectives’ investigation and the arrival of Leo M. Frank in physical person upon the scene—this by Detective J. N. Starnes, who appears formally as the prosecutor of the charge against Frank.

Thus, therefore, the state has established the very necessary foundation of fact that Mary Phagan was murdered in the pencil factory.

The session Tuesday afternoon was punctuated by objections by the state or the defense to questions put by the opposing side to witnesses on the stand, and by arguments between state and defense over these points.

Continue Reading →

Defense to Claim Strands of Hair Found Were Not Mary Phagan’s

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

Atlanta Journal
July 30th, 1913

GRACE HIX TESTIFIES THAT GIRLS FREQUENTLY COMBED THEIR HAIR OVER MACHINES

Miss Hix Also Testifies That Magnolia Kennedy, Who Worked Near Mary Phagan, Had Hair of the Same Color and Shade—Important Admissions Lay Foundation for Defense’s Claim That Murder Was Not Committed in Metal Room

STATE ENDEAVORS TO SHOW THAT FRANK VERY NERVOUS AND DID NOT LOOK ON FACE OF MURDERED GIRL

Attorney Rosser Directs His Questions to Combat Claim of Nervousness—Witness Declares She Never Saw Any Red Paint in the Metal Room—State Claims New Evidence Will Soon Be Given—Trial Will Run Into Second Week

Four distinct features marked the trial of Leo M. Frank Wednesday. One was an admission from Miss Grace Hix that the girls frequently combed their hair over the machines in the metal room of the factory; another was a strenuous effort on the part of the state to prove that Frank was very nervous on the morning of the discovery of little Mary Phagan’s body; still another feature was the attempt of the state to show that Frank was reluctant to look upon the dead girl’s face in the undertaking parlors, and the fourth was the state’s effort to prove that red paint never had been seen on the floor of the metal room where the state alleges bloody spots were found.

Around each of these points stiff legal tilts occurred. In developing from Miss Hix’s testimony the fact that the girl’s combed their hair in the metal room, Attorney Rosser laid the foundation for a refutation of the theory that Mary Phagan was murdered there.

The state is expected to introduce as evidence several strands of hair found on the handle of a turning lathe in the metal room, presumed to be those of Mary Phagan. Attorney Rosser drew from the Hix girl the admission that Miss Magnolia Kenneday, one of the metal room employees who worked very close to Mary Phagan’s machine, had hair almost the same shade as that of the murdered girl.

Continue Reading →

Frank Jurors Idle Away Long Hours With Song

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

Atlanta Journal
July 30th, 1913

They Sing Ballads and Tell Irish Tales During the “Recess” Hours

Jurors in the Frank trial have organized a singing club. Their purpose is not to give diversity to the trial with a note of song, but to while away the time between sessions of court.

When Judge L. S. Roan gives word that the trial has proce[e]ded far enough for the day, jurors are taken for a brief, brisk walk, and then to their residence for the nonce, which consists in three rooms thrown together at the Kimball house.

There the twelve take up their quarters for the night, and remain until the beginning of the court session upon the next day. Twelve cots have been placed in the three connecting rooms, and there the twelve jurors sleep. Until the trial is ended they will have no opportunity of seeing home folks, but they are permitted to send messages through deputy sheriffs.

Continue Reading →

All Newt Wants Now is Freedom and a Hat

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

Atlanta Journal
July 30th, 1913

Now that Newt Lee has more ‘bacca, as he says, “than Mr. Rosser axed him questions,” he needs but a hat to complete his physical comfort, but freedom to set his mind at rest.

Newt’s only hat is a fur cap, which Newt thinks might have made a “ver’ putty Christmas gift when ’twas new, but don’t do much fer July.”

“You see, boss,” he explains, “a straw hat jes’ naturally looks cool, makes yer feel like you had money in your pocket. But there ain’t no use fer a cap and it furry in July.

“Man promised to bring me a hat, but I guess his memory’s bad. Leastways I ain’t seen anything of the hat. But I certainly is proud of de ‘bacca.”

Since Newt told Tuesday how one chew brought him solace after his cross-examination by Mr. Rosser; and how, when he was on the witness stand his thoughts were of ‘bacca, he has been given all sorts and kinds.

He says when he gets out he may take a day off to catch up on “chewing,” and that he would like a nice hat to wear then.

Rabbi Marx Asserts His Belief in Frank

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

Atlanta Journal
July 29th, 1913

Can’t Build Case on Pack of Lies Any More Than House on Cards, Rabbi Says

In the room directly above the one where Leo M. Frank was on trial for the murder of Mary Phagan Monday afternoon were gathered a score of friends of the accused who eagerly discussed his chances for and against acquittal.

Prominent among them was Dr. David I. Marx, rabbi of the Jewish synagogue to which Frank belonged. With other friends of the prisoner he declared emphatically his belief in Frank’s innocence.

“There is no man in Atlanta,” said Dr. Marx, “more eager to see justice done or to find the guilty man in this case than am I, and the very fact of this and of my presence here shows my deep belief in the innocence of Mr. Frank. The truth is obliged to come out at last. You no more can build a case on a pack of lies than you can build a house on a pack of cards without a downfall.”

Spectators at Frank Trial Make an Absorbing Study

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

Atlanta Journal
July 29th, 1913

They Come From Every Station in Life—From the Ragged Newsboy to the Business Man With the Diamond Scarf Pin and the Georgia Lawmaker

The personnel of the spectators at the average murder trial is one of the most interesting phases of it, and the trial of Leo Frank for the murder of Mary Phagan is no exception to the general rule.

One glance about the court room as the case proceeded Monday afternoon showed an ever-changing kaleidoscope of ever changing faces, holding a single characteristic common to all, a look of intense interest that kept every face turned continually in the direction of the prisoner and the opposing attorneys.

Continue Reading →

Everybody’s a “Reporter,” Now, Else an “Old Time Friend,” Says Guardian of Court House Door

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

Atlanta Journal
July 29th, 1913

They Been 15 Reporters Here in the Last Five Minutes,” He Says, “and What’s Not Reporters Is Boyhood Friends I Don’t Remember”

“You are?” said the man who guards the foot of the steps. “Well, son, they been fifteen reporters here in the last five minutes. They represented everything from “Nova Scotia Times” to the “Saskatchewan Gazette.” Who do you report for?”

And it took a letter of identification from the whole press table to gain admittance to the Frank trial for an unoffending and rather retiring reporter who merely wished to glance over the court room and fill his brain with “genre” impressions, as one might say, local color, features, pathos, smiles, and a few trifles.

“Why,” said the guardian of the steps, “folks will be anything to get in here. Look at them fifteen that came right out and said they was reporters. They was some anxious, wasn’t they?

Continue Reading →

Frank Trial Will Last One Week And Probably Two, Attorneys Say

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

Atlanta Journal
July 29th, 1913

Indications Are That Trial Will Be Longest Over Which Judge Roan Has Presided, To Hold Two Sessions Daily

Attorneys both for the defense and for the prosecution of Leo M. Frank believe that his trial will last at least one week, perhaps, two weeks.

If the trial continues through more than one week it will be the longest over which Judge L. S. Roan has ever presided.

But, while he will expedite the trial as fast as possible, he intenrs [sic] to give attorneys all the time needed for the introduction of testimony and for argument.

Continue Reading →