“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.

“Smile,” Says Gheesling, “When Facing Bear-Cat Like Luther Rosser”

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

Atlanta Journal
August 2nd, 1913

“Keep smiling on the witness stand.”

That is the motto of Will Gheesling, of the P. J. Bloomfield undertaking establishment, who testified at the Frank trial Thursday.

“When you get a bear cat like Luther Rosser after you,” he declares, “the only thing you can do is to laugh at him.”

Gheesling was one of the few witnesses who came through the ordeal of Attorney Rosser’s cross-examination with flying colors.

His face wreathed in beatific grins, and he calmly fanned himself with a tremendous palm leaf fan from the moment he took the stand until he left it several hours later. Not once did Attorney Rosser’s cross-fire feaze him, not once did the battery of questions from the guns of the defense ruffle his demeanor.

While other witnesses left the stand with dripping brows and a vast respect for Mr. Rosser’s quizzing powers. Gheesling only grinned.

“It was the fan did it, you see,” he stated. “It gave me good luck. Keep fanning and keep smiling. How could I get rattled with this palm leaf?”

Harris Testimony May Be Stricken by Court

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

Atlanta Journal
August 2nd, 1913

Question Will Be Solved by Physician’s Recovery and Return to Stand

If Dr. H. F. Harris, secretary of the state board of health, is not physically able to be presented in the court room before the state closes its case, will his testimony be stricken from the record?

This question came for informed discussion at the court house Saturday. Dr. Harris was suddenly attacked with illness while in the middle of his direct examination and had to be assisted from the witness stand. The defense attorneys, therefore, had no opportunity to cross-question him.

Solicitor Dorsey, when asked if the testimony would be withdrawn said that he did not know.

“It would be a question for debate,” he said.

Another prominent local attorney not connected with the case gave as his off-hand opinion that the testimony could not be erased from the records. He also pointed out that, with the permission of the court, Solicitor Dorsey could recall Mr. Harris to the stand to complete his direct examination and for the cross-examination of the defense any time before the final arguments to the jury begin.

At the residence of Dr. Harris, 52 Ponce de Leon avenue, it was Saturday afternoon that the doctor was improved today and expected to be ready to go on the stand Monday morning. He was confined to his bed during the morning and early afternoon, but shortly after 1 o’clock arose with the remark that he was feeling better.

In the event that Dr. Harris’ health will permit him to come to court Monday morning he probably will precede James Conley, negro sweeper, on the stand.

Dr. J. W. Hurt, Coroner’s Physician, Gives Expert Testimony

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

Atlanta Journal
August 2nd, 1913

DR. HURT’S TESTIMONY NOT CONFIRMATORY OF EVIDENCE GIVEN BY DR. H. F. HARRIS

On Cross-Examination, Dr. Hurt Admits That Cabbage Is Considered Very Difficult to Digest and That Under Some Conditions as Much as Three Hours and a Half Might be Required Before the Process of Digestion Was Completed

PHYSICIAN ON STAND GREATER PART OF MORNING AND UNDERWENT RIGID CROSS-EXAMINATION BY DEFENSE

He Found No Evidence of Violence, He Declared — Detective Waggoner, Chief Beavers, Detective Bass Rosser, Patrolman Lassiter and Miss Ferguson Testify — Court Adjourns Until Monday Morning at 9 o’Clock

Dr. J. W. Hurt, coroner’s physician, who examines the body of little Mary Phagan, was the principal witness introduced by the state at the Saturday morning session of the Frank trial. Dr. Hurt’s expert testimony was the subject of fierce contention between the lawyers for the defense and the state. Attorney Reuben R. Arnold succeeded in drawing from the physician testimony to offset that given on Friday by Dr. H. F. Harris. While Dr. Harris testified that he found evidence of violence of some sort having been committed, Dr. Hurt declared he did not find any evidence that would show a criminal attack of nay [sic] kind.

Dr. Hurt further admitted, in answer to Mr. Arnold’s questions, that cabbage was a difficult article of food to digest and that under some circumstances it might require three and one-half hours before the process of digestion was complete. This testimony was brought out by Mr. Arnold fro the evident purpose of disputing Dr. Harris’ conclusion that the state of digestion the cabbage was found in showed that Mary Phagan must have been killed within a half hour or forty-five minutes after eating.

When court convened Miss Helen Ferguson was cal[l]ed to the stand and testified that Frank refused to let her have Mary Phagan’s pay on Friday afternoon, the day prior to the murder, and that she was told by some one in Frank’s office that Mary would have to come to the factory Saturday and draw her own pay. Attorney Rosser drew from the witness on cross-examination the admission that she had never before drawn the Phagan girl’s pay and that she didn’t know whether Frank knew her name or not.

R. L. Waggoner, one of the city detectives, was next called and told of how Frank twisted his hands on Tuesday, April 29, at the National Pencil factory. The witness said that he accused appeared at the window of his office twelve times in a half hour and each time twisted his hands and looked down as if he was in a very nervous state. Detective Waggoner said that he had been sent there to watch Frank and the factory prior to the accused’s arrest.

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Defense Claims Members of Jury Saw Newspaper Headline

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

Atlanta Journal
August 2nd, 1913

WHEN JUDGE ROAN UNWITTINGLY HELD RED HEADLINE IN FRONT OF JURY, DEFENSE MADE POINT

Jury Is Sent Out of Room While Attorneys for the Defense Tell the Court That the Jurymen Were Seen Reading Red Headline, “State Adds Links to Chain” — Judge Then Calls Jury Back and Cautions Them

FOLLOWING JUDGE’S SPEECH TO THE JURY, TESTIMONY IS RESUMED, NO FURTHER MOTION MADE BY DEFENSE

In His Address to the Jury, Judge Roan Declared That They Must Not Be Influenced by Anything They Had Read in the Newspaper, but Must Form Their Opinion Solely on the Evidence That Was Developed in Court

A red headline in a newspaper, held in the hands of the presiding judge, came near causing a mistrial Saturday about noon in the case against Leo M. Frank.

While the defense did not ask the court to declare a mistrial in the case, it seriously considered in a conference of attorneys, asking that the case be stopped, and while apparently satisfied with an admonition to the jury to disregard anything they might have seen in a paper, it is probable that the incident will be a part of the basis for an appeal, in event the verdict goes against the defense.

During the course of the discussion of the incident Solicitor Dorsey contended that the jurors had not seen the headline.

During the progress of the trial Judge L. S. Roan picked up an extra edition of an afternoon Atlanta newspaper bearing an eight column red headline touching on the case before the jury. The headline read:

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