Defense Begins Introduction of Evidence

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

Atlanta Journal
August 8th, 1913

Afternoon Session of Frank’s Trial Thursday Is Without Any Interesting Development

Pinkerton Detective Harry Scott Testifies That Conley Never Told Him New Features of Story—Dr. Leroy Childs Testifies in Effort to Break Dr. Harris’ Story

When court adjourned Thursday afternoon at 5:10 o’clock Detective Scott, called by the defense to impeach Jim Conley, had just concluded his examination by the solicitor. Scott had been put through a long series of questions by Attorney Rosser, the purpose of which was to show the discrepancies between what Conley told Scott and what he swore on the witness stand.

Harry Scott, of the Pinkertons, was called as the second witness for the defense of Leo M. Frank Thursday afternoon when Dr. Leroy Childs left the stand. Scott testified that he informed the detectives immediately upon learning that Mrs. White had seen a negro sitting on a box at the foot of the second floor stairs. The state has contended that this information was withheld from the city detectives until May 7 or 8, and that Scott learned it from Frank on April 28.

Dr. Childs while under the examination of Attorney Arnold characterized testimony similar to some of that given by Drs. Hurt and Harris as remarkable guess work. When the wound on Mary Phagan’s head was described to the physician by Attorney Arnold, Dr. Childs declared that it would be guess work to say that the wound would have caused unconsciousness; when the wound was described to him by Solicitor Dorsey he declared that it would not have caused death. He declared that the conditions upon which Dr. Harris based his opinion that violence had been done the girl, might have been caused by the examination made by Dr. Hurt prior to Dr. Harris’ examination and by the process of embalming.

At 2 o’clock the trial resumed, with Dr. L. W. Childs still on the stand under direct examination by Attorney Arnold.

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Defense Attacks State’s Case From Many Angles

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

Atlanta Journal
August 8th, 1913

MOTORMAN AND CONDUCTOR SAY NEWSBOY EPPS WAS NOT ON CAR THAT BROUGHT MARY TO CITY

They Swear That She Left Car at Broad and Hunter Streets at 12:10, the Very Hour Monteen Stover Claims to Have Left Factory—Daisy Hopkins Swears She Never Visited Factory With Dalton and That She Did Not Know Frank

NEW THEORY OF HOW CRIME MIGHT HAVE BEEN COMMITTED INTIMATED BY ENGINEER’S TESTIMONY

Albert Kauffman Describes Passageway on First Floor Leading to Chute, Through Which He Declares Human Body Could Easily Have Passed—Spots, Said to Be Blood, Found in Passageway

A new theory of the Mary Phagan murder was hinted at by the defense at the trial of Leo M. Frank Friday while Albert Kauffman, a civil engineer, was under examination. From questions asked by Attorney Arnold, Mr. Kauffman testified that there was a chute in the rear of the National Pencil factory building leading from the first floor down into the basement and that the trap door to this chute was large enough to slide a human body through, in fact, he said it was large enough to slide several bodies through at the same moment.

He told of a dark and narrow hallway leading from the front of the building by the stairway back to the rear by the trap door. Many questions were asked concerning this hallway and chute and trial observers believe that the defense is preparing a way for introduction of other testimony possibly bearing out the theory that the child was murdered just as she went to leave the building, was dragged back along this dark hallway and dropped through the chute into the basement. Questions were asked the engineer about a vat in the metal room. He declared that it was plenty large enough to hold the body of a girl who measured five feet and three inches tall.

BLOOD IN DARK PASSAGEWAY?

It is known that the defense had found dark red spots, presumed to be blood, on a door leading to the dark passageway, which goes to the rear of the building and to the chute, to which so much attention was paid by the attorneys. The dark spots on the door have been chipped off and an analysis, the result of which is not known, has been made for the defense.

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Judge Roan Decides Conley’s Testimony Must Stand

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

Attorney William M. Smith, who clashed in the court room Tuesday with Attorneys for Leo M. Frank, who didn’t want him to consult with client until Conley had finished his testimony.

Atlanta Journal
August 7th, 1913

Defense Asks Mistrial When Crowd in the Court Applauds Announcement of the Decision

Judge Roan, However, Refuses to Stop Trial—Dr. Harris on Stand During Afternoon and Again Asserts that Mary Phagan Suffered Violence Just Before Death—Dalton Called to Corroborate Conley But Court Adjourns Before He Testifies

Dr. H. F. Harris, secretary of the state board of health, was the first witness called for the Wednesday afternoon session after the jury was called into the room. The direct examination under Solicitor Dorsey was resumed.

Dr. Harris again asserted very positively that Mary Phagan had suffered violence of some kind immediately preceding her death, and explained in detail his reasons for reaching this conclusion.

The secretary of the state board of health was excused from the witness stand at 5 o’clock before his cross-examination had been finished. He was very weak, he said in response to the court’s inquiry, and was permitted to stop his testimony, which was resumed Thursday. Mrs. J. W. Coleman, mother of Mary Phagan, was the last witness examined before adjournment.

C. B. Dalton, mentioned by Conley, as having visited the factory in company with two women, was called just before court adjourned but did not testify.

Great excitement prevailed in the court room Wednesday afternoon when Judge L. S. Roan announced his decision to reverse himself on his ruling of Tuesday, striking out parts of Conley’s testimony. From the spectators gallery the crowd cheered the decision, but quieted down after Attorney Arnold, for the defense, made a motion to clear the room. Judge Roan refused to clear the court of spectators but warned the spectators not to repeat the demonstration. Attorney Arnold then moved for a mistrial, in this he was also overruled by the judge.

Judge Roan, in his ruling, held that all of Conley’s testimony would remain in the record of the case and that Solicitor Dorsey would be allowed to introduce witnesses to corroborate the negro’s charges against Frank’s conduct in his presence. As to allowing the Epps boy to testify as to what Mary Phagan told him regarding her fears of Frank, the judge held that inadmissible and the newsie will not be recalled.

When court reconvened at 2 o’clock, Solicitor Dorsey resumed his argument. The solicitor renewed his contention, citing authorities to back it up, that as a general rule failure to make objection to incompetent evidence at the time of introduction is a waiver of that right.

In this instance, said he, the court should hold that the defense had waived the right to object. In case of doubt as to the relevancy of evidence, said he, it should be left to the jury for that body to determined its weight.

The solicitor said that he cited several Georgia cases, among them some very old decisions. The solicitor stated that no fixed rule can be observed regarding the introduction of evidence of acts similar to the crime charged. The law says simply, says he, there must be some logical connection which proves or tends to prove the other. It must be one of a system of mutually dependent crimes, said he.

“I intend to show,” said he, “that this crime was one of a system of mutually dependent crimes.”

The solicitor contended that he had the right to introduce evidence of transactions which serve to illustrate the state of mind of the defendant or his intention or purpose.

“The fact,” he said, “that they are simply crimes, does not make them inadmissible.”

DORSEY QUOTES AUTHORITIES.

The solicitor asked if he should proceed with argument on his second proposition—involving his right to enter testimony corroborative of Conley’s. Judge Roan told him to proceed with that argument.

While the solicitor argued Attorney Rosser sat in the witness’ chair, lolling back, with his legs crossed, rubbing his head.

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Dr. Harris’ Testimony is Attacked by Defense Expert

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

Atlanta Journal
August 7th, 1913

STATE FINISHES TESTIMONY AND DR. LEROY CHILDS BEGINS EXPERT EVIDENCE FOR DEFENSE

Dr. Childs Characterizes Conclusions Similar to Those Made by Dr. H. F. Harris and Dr. J. W. Hurt as Remarkable Guesses—He Says Cabbage Is Most Indigestible of All Vegetables and Might Stay in Stomach for Many Hours

DEFENSE IS EXPECTED TO PUT UP CHARACTER WITNESSES IN VIEW OF JUDGE ROAN’S RULING

Dalton Swears He Has Visited Pencil Factory in Company With Women, That Frank Knew of His Presence and That Jim Conley, the Negro Sweeper, Was There—He Tells of Frank’s Visitors

When recess was ordered at 12:30 o’clock Wednesday in the trial of Leo M. Frank charged with the murder of little Mary Phagan, Dr. Leroy Childs, called by the defense as its first witness, was on the stand. Dr. Childs had already testified in answer to a hypothetical question framed by Attorney Reuben R. Arnold, that a post mortem examination nine days after death would not show whether a blow on the head, such as that described by Attorney Arnold, had produced unconsciousness, or whether it had been delivered before or after death. Dr. Childs declared that such a blow as that described by Mr. Arnold might even have produced death. He characterized any statement to the effect that such a blow procured unconsciousness and that it could not have produced death, as nothing short of a remarkable guess.

Dr. Harris also declared that cabbage was the most indigestible of all vegetables and that it might remain in the stomach as long as four hours and a half. Looking at the cabbage taken from the stomach of Mary Phagan and submitted as evidence at the Frank trial, Dr. Childs said that it was impossible to tell how long this food had remained in the stomach.

Dr. Childs followed Dr. H. F. Harris, secretary of the state board of health, who was the concluding witness for the state. At the close of Dr. Harris’ cross-examination, the state rested. Answering the questions of Attorney Arnold, Dr. Harris reaffirmed the testimony given by him previously, namely, that Mary Phagan was killed within less than an hour after eating the cabbage and bread found in her stoamch; that the cause of her death was strangulation; that the blow on her head produced unconsciousness but could not have produced death and that she had suffered violence immediately before she was killed.

It is the evident purpose of the defense as shown by the testimony already drawn from Dr. Childs to vigorously dispute the evidence of Dr. Harris fixing the time of the little girl’s death. Other medical experts, no doubt, will follow Dr. Childs.

It is now believed that the defense will put Frank’s character in evidence, as the state has already succeeded in making an attack upon it through the testimony of Jim Conley, the negro sweeper, and C. B. Dalton. Should the defense put up witnesses to prove Frank’s good character, the state will be permitted to rebut this testimony with any evidence it may have that is detrimental to Frank’s character.

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“He Shore Goes After You” Says Conley of Mr. Rosser

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

Atlanta Journal
August 6th, 1913

Jim Made for a Newspaper and a Cigarette as Soon as He Left the Stand—He Is Interviewed Through Medium of His Attorney

Jim Conley wasn’t garrulous after he left the witness stand Wednesday morning, and that’s saying the least of it.

Perhaps Jim figured that he had done enough talking to last him a few weeks.

He went into the reporters’ room first and sat down and heaved a sort of sigh. Then he picked up an edition of The Journal and commenced to read about himself.

A reporter turned from the telephone and said something to him, and thereupon a deputy sheriff, standing [1 word illegible], gave an imitation of a balloon ascension.

About that time William M. Smith, Conley’s lawyer, stuck his head through the door. It was the first chance the lawyer had been allowed, since Conley went on the stand, to talk to him.

“Come over here, Jim,” said Attorney Smith, and led the negro across the hall into a little ante-room.

Jim shucked off his coat as he crossed the hall, and made for a chair, stretched out his legs, and heaved another sort of a sigh. He sat there, gazing out the window, his eyes on the face of a brick wall some distance away.

A reporter came in.

“How about it, Bill,” said he. “Let me talk to him.”

“Sorry, old man,” said the lawyer, “but you see they’re already trying to get some of you boys balled up about a story some time ago, when Conley was in jail. Jim, don’t you say a word to anybody, do you hear?”
“All right,” said the reporter. “Then you do the talking. Ask him what he thinks of Rosser.”

Attorney Smith, “What do you think of Rosser, Jim?”
Jim gave a combination of snicker and a laugh. He waged his head expressively.

“He shore does go after you, don’t he?” said Jim.

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Mincey Ready to Swear to Conley Affidavit

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

Atlanta Journal
August 6th, 1913

Declares Negro Told Him He Had Killed a Girl—Waiting as Witness

W. H. Mincey, the man who has made an affidavit in which he swears that Jim Conley told him on April 26, the day Mary Phagan was murdered, that he had killed a girl that day, appeared at the court house Wednesday morning but did not go into the court room.

Mincey was seen by a Journal reporter as he stood across the street from the court house and watched the crowd seeking entrance. He declared that he was ready to take the witness stand and to back up his statement. When asked whether he had seen Conley since the day that he claimed the negro confessed to him, he declined to answer.

Mincey says that he has been teaching school at New Salem, near Rising Fawn, in Dade county, Ga., and that school adjourned in order to permit him to come to Atlanta to testify in the Frank case.

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Atlanta Journal, August 6th 1913, “Mincey Ready to Swear to Conley Affidavit,” Leo Frank case newspaper article series (Original PDF)

Judge Roan Rules Out Most Damaging Testimony Given By Conley Against Leo Frank

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

Atlanta Journal
August 6th, 1913

Solicitor Dorsey in Vigorous Speech Protests Against Striking Evidence, Declaring He Has Witnesses to Corroborate the Negro and That Striking of Testimony Will Prevent His Getting Their Statements Before the Jury

Sustaining a motion made by the defense in the trial of Leo M. Frank, Judge L. S. Roan Tuesday afternoon announced that he would rule out all of Conley’s testimony charging the accused superintendent with perversion, and the negro’s testimony that he acted as a “lookout” for Frank on days previous to the murder. The judge ruled that Conley’s testimony that he watched for the accused on the day of the tragedy would remain in evidence.

Attorney Arnold entered the court about two minutes late. Mr. Rosser had not arrived. Mr. Arnold asked that the jury be sent out and stated that he had several motions to make. The jury went out. The first, he said, was a motion to exclude certain testimony from the record on the ground that it was wholly irrelevant, incompetent and inadmissible. Mr. Arnold held a long typewritten document in his hands.

“We move, first,” he said, “to exclude from the record all the testimony of Conley relative to watching for the defendant, and we withdraw our cross-examination on that subject.”

Second, Mr. Arnold moved that a portion of the negro’s testimony attacking Frank’s character, which was brought out through questions propounded by the solicitor, be ruled out.

Mr. Arnold concluded the argument by saying, “Before anything else is done, we move to exclude this from the record.”

Judge Roan spoke up, “As I understand it, Mr. Arnold, what you want to withdraw is testimony about watching on other occasions.”

Before this question was answered, Attorney Arnold turned to Mr. Hooper and showed him that part of Conley’s evidence which the defense wished to exclude.

Attorney Hooper took the floor saying, “To allow this motion would be to trifle with the court. When they did not object at the time this evidence was introduced I believe they lost any ground that they had for an objection. If their objection had been entered at the time of the introduction of this testimony, I should say that the objection was well taken, but I do not think that they have a right after letting it all go into the records without protest, now to move for its total exclusion.”

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Judge Roan Reverses Decision on Conley Testimony

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

Atlanta Journal
August 6th, 1913

Conley’s Whole Testimony Will Be Allowed to Stay in Record of Frank Case

State Ready With Corroborating Witnesses, if Evidence Is Held to Be Admissible—Jim Conley Adds New and Sensational Feature to His Testimony, Declaring He Saw Frank Place Mary Phagan’s Pocketbook in the Factory Safe

SOLICITOR DORSEY APPLAUDED IN COURT WHEN SUSTAINED BY RECORDS AFTER DISPUTE WITH ROSSER

Those Responsible for Applause Were Immediately Ejected From the Court Room—Dr. H. F. Harris Expected to Resume Stand During Afternoon—State Will Furnish Presentation of Its Case by Thursday but Hardly Before

Judge L. S. Roan, presiding at the trial of Leo M. Frank, superintendent of the National Pencil factory, who is on trial charged with the murder of Mary Phagan, Wednesday afternoon reversed himself in his ruling made Tuesday striking out portions of Jim Conley’s testimony. The judge made his ruling Tuesday but withheld announcing it to the jury until Wednesday. His reversal means that Conley’s testimony that he acted in the capacity of a “lookout” for the accused superintendent on days prior to the day of the tragedy, and also his testimony accusing Frank of perversion remains in the testimony. It also means that Solicitor Dorsey will be allowed to present evidence corroborating the negro sweeper as to Frank’s attitude toward him and his conduct to the negro’s presence.

CONLEY ADDS NEW SENSATION.

Jim Conley, who left the witness stand at 11:10, after sixteen hours of direct and cross examination, added sensational feature to his testimony Wednesday by the declaration that he saw Frank take the mesh bag or pocket book carried by Mary Phagan from the desk in his office and placed it in the safe. So far as the public knows the mesh bag has never been found.

Over the protest of the attorneys for the defense, Solicitor Dorsey managed to get before the jury that Frank had refused to face his accuser, Jim Conley, when the detectives sought to arrange an interview at the tower.

For the first time since the trial has been in progress applause broke out in the court room when Solicitor Dorsey after a dispute with counsel for the defense over testimony given by Detective Scott, was sustained by the reading of the court stenographic notes. Dorsey had contended that Scott testified that Frank told him on April 28th about Mrs. White’s having seen a negro near the foot of the stairs on the day of the tragedy. Although the defendant had given this information to the Pinkerton detectives on April 28 declared the solicitor, it was May 7 before the state’s detectives knew about it. When the stenographer’s report of Scott’s testimony was read, sustaining the solicitor, applause broke forth in several parts of the court room at once. Those responsible for it were immediately ejected by the deputie [sic].

Dr. H. F. Harris is expected to take the stand Wednesday afternoon and finish his testimony. He will probably be under cross-examination for an hour or more. The state expects to finish the presentation of its case Thursday.

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Negro Sweeper Remanded to Solitude in Jail Over Night

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

Atlanta Journal
August 5th, 1913

Jim Conley Grilled for Many Hours By Frank’s Attorney Who Fails to “Rattle” Him

Luther Rosser Makes Negro Admit Lies and Terms in Prison, but Sweeper Remains Good Witness for State—Women Excluded From Court Room During Afternoon Session, Numerous Tilts Between Opposing Counsel Marked With Bitterness.

The afternoon session of the Frank trial was marked by many tilts between the solicitor and his assistant with counsel for the defense and toward the end of the session much bitterness was injected into the remarks by various members of opposing counsel. Judge Roan decided with Frank’s counsel after vigorous protests by Solicitor Dorsey on the manner in which Attorney Rosser was questioning the witness, Jim Conley [illegible].

The jury was excused shortly before court adjourned for the day at 5:30 pm and Attorney Arnold, for the defense, asked the court to have Conley [illegible] in solitide where the prosecution could not talk with him. [Illegible] said that the examination of the negro is only half completed and that it would be unfair for the state’s agents to converse with him. To his request the solicitor acquiesced and stated to the court that he hoped the prisoner would be safeguarded from any others reaching him. Judge Roan remanded the prisoner to the custody of Sheriff Mangum and ordered a special guard put over the witness during the night, allowing none to talk with him.

The only important development during the afternoon was the admission by Conley under cross-examination, that he had served seven terms in jail.

During the cross-examination of the negro Jim Conley at the afternoon session, Attorney Rosser, for the defense, asked:

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Lawyers on Both Sides Satisfied With Conley

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

Atlanta Journal
August 5th, 1913

They Haven’t Shaken Him a Particle,” Says Dorsey—“He Has Told About 240 Lies Already,” Declares Attorney Reuben Arnold

Both the state’s attorneys and the counsel for Leo M. Frank Tuesday at noon expressed satisfaction with the progress of the cross-examination of James Conley, the negro sweeper. The negro had been on the stand then for more than nine hours, during eight hours of which he had undergone a strenuous grilling at the hands of Attorney L. Z. Rosser.

“They have not shaken him a particle,” declared Solicitor Dorsey, “and that isn’t all. I don’t believe they will be able to do so.” Attorney Frank A. Hooper, who is assisting Mr. Dorsey in the prosecution of Frank said: “Mr. Rosser will go ahead and wear himself out, and Attorney Arnold will hurl questions at Conley until he, too, grows weary, and when it is all over the negro will still be there ready for more.”

Mr. Rosser was confident that he had made great headway in discredited Conley’s testimony. He smilingly commented upon how he had tangled up the negro when he got him away from his recited story, but said that when Conley got back into his well-drilled tale he ran along like a piece of well-oiled machinery. “I’ve caught him in a mass of lies,” asserted Mr. Rosser.

“Conley has lied both specifically and generally,” declared Reuben Arnold. “He has lied about material things and he has lied about immaterial things. He has told about 340 lies since he has been under cross-examination. I kept tab on him until he had told over 300 lies, and then they came so fast I couldn’t keep up with him.”

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Atlanta Journal, August 5th 1913, “Lawyers on Both Sides Satisfied With Conley,” Leo Frank case newspaper article series (Original PDF)

Defense Moves to Strike Most Damaging Testimony

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

Atlanta Journal
August 5th, 1913

ON GROUNDS OF IRRELEVANCY ATTORNEY ARNOLD MOVES TO STRIKE PART OF TESTIMONY

He Asks That Conley’s Statement That He Acted as “Lookout” for Frank, and Part of Testimony Attacking Frank’s Personal Character Be Blotted From Record — Attorney Hooper eDclares [sic] Defense Has Waited Too Long to Enter Objection

MYSTERIOUS “MR. DALTON” MENTIONED BY CONLEY MAY BE CALLED BY SOLICITOR TO CORROBORATE NEGRO

It Is Said That Dalton Is Within Reach of State—With Conley Still Under Cross-Examination and Other State Witnesses, Including Dr. Harris, Yet to Be Heard, Indications Are Tuesday That Trial Will Last Three Weeks, If Not Longer

Attorney Arnold entered the court about two minutes late. Mr. Rosser had not arrived. Mr. Arnold asked the jury be sent out, and stated that he had several motions to make. The jury went out. The first, he said, was a motion to exclude certain testimony from the record on the ground that it was wholly irrelevant, incompetent and inadmissible. Mr. Arnold held a long typewritten document in his hands.

“We move, first,” he said, “to exclude from the record all the testimony of Conley relative to watching for the defendant, and we withdraw our cross examination on that subject.

“Second, Mr. Arnold moved that a portion of the negro’s testimony attacking Frank’s character, which was brought out through questions propounded by the solicitor be ruled out.”

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Conley Thought He Was on Trial, His Attorney Declares

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

Atlanta Journal
August 4th, 1913

Jim thought he was on trial this morning,” said W. M. Smith, attorney for James Conley, the negro sweeper at the pencil factory, after the recess Monday noon following Conley’s appearance on the witness stand of the Frank trial.

Attorney Smith declared that the negro had no idea of his real status in the matter until after the court had recessed.

“Then Conley turned to me, after the jury had gone out and he had been taken off the stand and said: ‘Boss, I wonder what that jury is going to do with me?’ I said: ‘You’re not on trial, Jim. You’re here just as a witness, to tell all you know.’ He said: ‘Oh, ain’t I on trial?’ and appeared to be relieved greatly.”

Conley was taken to the police station and got his dinner there. At 2 o’clock Chief Beavers and Chief Lanford conducted the negro back to the court house and he resumed his place in the witness chair.

The police assert that until a few days ago Conley believed he was going to be hanged for the part which he swears he played in disposing of the dead body of Mary Phagan. Harry Scott, of the Pinkerton agency, is authority for that, too.

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Atlanta Journal, August 4th 1913, “Conley Thought He Was on Trial, His Attorney Declares,” Leo Frank case newspaper article series (Original PDF)

Conley’s Glibness May Prove Unfortunate for His Testimony

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

Atlanta Journal
August 4th, 1913

Negro’s Recitative Manner of Telling His Story Gives Impression That He Has Rehearsed It Many Times

Jim Conley Monday morning recited his story to the Frank jury.

Newt Lee last week told his.

Above all other things, Jim’s testimony was glib.

Newt’s was deliberate.

For more than an hour Jim spoke smoothly, evenly, unhesitatingly to the jury, as though his story had been polished by careful rehearsal to himself.

Scarcely once was he interrupted. Solicitor Dorsey’s only warning was slower speech. Jim’s story came so readily to his lips that he spoke faster than the jury could follow. He never paused. Incidents which he alleged to have happened months ago were told by him as though they were vivid and fresh in his memory.

No witness since the trial began has been so glib of speech as Jim. None has given such minute details. None has inclined so much to dramatic incidents.

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Many Discrepancies Between Conley’s Testimony and His Testimony Given to Detectives

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

Atlanta Journal
August 4th, 1913

Negro Swore Previously That He Never Saw Mary Phagan Enter Factory—Many Other Changes in Story—Fourth Time He’s Changed Narrative

James Conley’s story as he told it on the witness stand Monday morning differs in many important details from the story he told to the detectives in his famous affidavit of confession.

In that affidavit he said that by appointment he met Frank at the corner of Forsyth and Nelson streets the day of the murder, and that he first went to the factory on that day when he followed Frank back there.

He now says that he went to the factory early Saturday morning, April 26, and after remaining there for some time in hiding he went away, meeting Frank at Forsyth and Nelson streets at about 10:30 and later following him back to the factory.

This change in the negro’s recital has evidently been made since he learned that – some of the incidents he described in his affidavit occurred during the early morning and before he said he came to the factory from Nelson and Forsyth streets.

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State’s Case Against Frank As It Stands After Week’s Testimony Is Shown Here

Photo-diagram of court room in old city hall building, where Leo M. Frank, superintendent of the National Pencil factory, is on trial for his life charged with the murder of Mary Phagan. Although the available seats are taken soon after court convenes, the crowd waits without all day for some weary spectator to give up a seat. On the second floor the many witnesses await their turn for a grueling examination by attorneys on either side.

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

Atlanta Journal
August 3rd, 1913

Most Important Points State Sought to Prove Are That Mary Phagan Was Killed Shortly After Entering Factory—That Crime Was on Second Floor, and That Frank Was Not in His Office at the Time He Saw He Gave Her the Pay Envelope

An entire week has been given over to the trial of Leo M. Frank, charged with the murder of Mary Phagan, and so far the state has not shown or attempted to show any direct connection on the part of the defendant with the crime. Solicitor Dorsey has worked systematically to weave a chain of circumstantial evidence about Frank.

Those who have watched the progress of the trial day by day are impressed with the fact that he has endeavored by the introduction of circumstantial evidence to pave the way for the testimony of James Conley, the negro sweeper, who will be the climax witness for the state and upon whose evidence the case against Frank will largely stand or fall.

The state swore but twenty-six witnesses when the trial began Monday afternoon, but up to date it has called thirty and the indications are that still others are to be put upon the stand. The defense has not put up a single witness and can not do so until the state rests its case. However, Attorneys Rosser and Arnold, counsel for Frank, have administered severe cross-examinations to the more material of the state’s witnesses and in many instances have succeeded in minimizing the evidence given by them on their direct examination.

The state has sought to show by its witnesses:

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Defense Will Introduce Witnesses

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

Atlanta Journal
August 3rd, 1913

FRANK TRIAL WILL RUN INTO THIRD WEEK; DEFENSE WILL BEGIN TESTIMONY WEDNESDAY

Indications Saturday, When Court Adjourned Until Monday Morning at 9 o’Clock, Were That State Would Require at Least Two More Days Before Concluding Presentation of Its Case Against the Factory Superintendent

DEFENSE’S DECISION TO INTRODUCE EVIDENCE MEANS THAT THE TRIAL IS NOT YET HALF OVER

Dr. H. F. Harris Will Take the Stand Again Monday Afternoon and Will Probably Be Under Cross-Examination for Several Hours—Conley Will Be State’s Last Witness, and a Big Battle Will Rage Around His Testimony

IT’S TERRIBLE FOR AN INNOCENT MAN TO BE CHARGED WITH CRIME” Leo M. Frank.

Leo M. Frank is apparently standing the strain of the tedious trial remarkably well, and the expression of his face seldom changes during the introduction of evidence. According to his jailers he still sleeps soundly every night, and he has never lost his appetite.

Few people have ever discussed the actual evidence in the case with him, and no expression of an opinion from him about the case, which the state has put up against him, has reached the public.

Frank is quoted as having made only this comment before Saturday’s session started: “It is terrible for an innocent man to be charged with a most damnable crime. Even if he is cleared he can never get over the fact that he was charged and tried for the crime.”

Solicitor General Hugh M. Dorsey admits that he was practically completed his “circumstantial” case against Leo M. Frank, although the state has several witnesses who will be put on the stand this week before the state’s case is concluded.

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There Is One Joy in Being A Juror: Collectors Barred

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

Atlanta Journal
August 2nd, 1913

Members of Frank Jury Can Not Communicate With Members of Family and Can Read No Newspapers, Not Even Baseball

How does it feel to be shut up with eleven other men for one week, maybe two, possibly three? How does it feel to be the midst of a city and not of it, quarantined from the wife and children just a few blocks away, from business, from let[t]ers, from newspapers, from everything except six hours of daily testimony on a murder case?

Nobody knows except the Frank jurymen, and they can’t tell you, for you won’t be allowed to talk to ’em.

For five days and five nights their only companionship has been each other, all they had to do was eat and sleep and hear testimony. And by this time, they are probably worrying.

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Dr. Harris Collapses on Stand as He Gives Sensational Evidence

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

Atlanta Journal
August 2nd, 1913

Physician Testifies at Frank Trial That Mary Phagan Met Death Half Hour After Lunch—Describes Wounds

Secretary of State Board of Health Compelled to Leave the Witness Stand on Account of Illness

In the midst of sensational testimony, Dr. H. F. Harris, secretary of the state board of health, collapsed Friday afternoon on the witness stand and was excused until Saturday. Dr. Harris and just testified that his examination of the contents of the stomach of little Mary Phagan showed that the dinner which she had eaten before leaving home was still undigested, and he therefore concluded that he little girl was killed within thirty minutes or three-quarters of an hour after she had eaten. Part of the undigested food taken from the stomach was exhibited in the court room. It had been preserved in alcohol.

Dr. Harris testified that there was no evidence of an assault but there were indications of some kind of violence having been committed. He thought this violence had preceded her death five or ten minutes.

Before he finished his testimony Dr. Harris became suddenly ill, his voice became faint and he begged to be excused. He promised to return Saturday, if possible. He said he had gotten up from a sick bed to come to court. He was assisted from the court room.

Also featuring the opening of the Phagan, was the testimony given by N. afternoon session of the trial of Leo M. Frank charged with the murder of Mary V. Darley under cross-examination of Attorney Reuben R. Arnold, for the defense.

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Miss Smith Declares Darley Was Incorrect

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

Atlanta Journal
August 2nd, 1913

Miss Mattie Smith has given The Journal a statement in which she says that a part of the testimony of N. V. Darley at the Frank trial in reference to her was not true. Mr. Darley stated that on April 26 Miss Smith told him that her father was dying and asked him to help bear the funeral expenses. Miss Smith says that she merely told Darley that her father was very low and that she said nothing about helping with the funeral expenses.

Newt Lee Gets Hat; Now He’s Considering What He Wants Next

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

Atlanta Journal
August 2nd, 1913

And Newt Lee gets the hat.

The darky who has been the stanchest witness yet examined at the Frank trial has but little more to wish for.

First it was watermelon Newt wanted. With his very life in danger as he droned away the long hot days in the Fulton county Tower, Newt lifted up his voice and prayed for “dat juicy watermillion.” And they gave him one.

Then it was a “chaw of ‘bacca,” his first request as he came down from the witness stand. Somebody gave him a plug and immediately there were a score who pressed forward with all varieties of cut and twist. Newt had enough ‘bacca to keep his teeth in a state of perpetual motion.

“Now ef I only had’r hat,” declared Newt. “Dis nigger’ud be happy.”

When they took Newt back to the Tower he got the hat. A lady who would not give her name called up the jailer Friday and asked about Lee. Could she send him a hat? she asked. It was all right with the jailer.

The hat came, a monstrous felt creation that delighted Newt to the soul. He put it on his woolly head and his white teeth flashed. Then the smile faded. There was a far-away look in Newt’s eyes.

He was thinking of what he wanted next.