Tag Archives: Atlanta Journal

Coroner’s Jury Visits Scene of Murder and Adjourns Without Rendering Verdict

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Coroner's Jury Visits Scene of Murder And Adjourns

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

Atlanta Journal

Monday April 28th, 1913

Will Meet Again Wednesday Morning When Witnesses Will Be Examined—Five Hundred People Present When Inquest Was Begun

For an hour Monday morning a jury empaneled by Coroner Paul Donahue [sic] groped through dark basement passageways and first floor rooms in the factory of the National Pencil company hunting for evidence that would aid them in reaching a verdict as to who murdered pretty Mary Phagan. At the end of their hunt the body adjourned. They will meet again Wednesday morning at 9 o’clock to continue their investigation.

Many witnesses who can throw a light on the actual crime, the actions of the dead girl or of the suspects under arrest will be examined then. It is probable, also, that the prisoners now held in jail also will testify.

The jury met at P. J. Bloomfield’s undertaking chapel, 84 South Pryor street, shortly after 10 o’clock. It was composed of these: J. C. Hood, Clarence Langford, Glenn Dewberry, Homer C. Ashford, John Miller and C. Y. Sheets. Mr. Ashford was foreman.

The first official act of the jury was to view the remains of the 14-year-old girl. Behind closed doors the coroner’s talesmen inspected the fatal wounds and bruises on the girl’s body.

No witnesses were called. One or two who had been told by the police to be present when excused and told to report again Wednesday morning. They and many others probably will be heard at that time. Continue Reading →

Strand of Hair in Machine on Second Floor May Be Clew Left by Mary Phagan

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Strand of Hair in Machine on Second Floor May Be Clew Left by Mary Phagan 2

1—Mary Phagan’s own handwriting, as shown in her address she wrote for Sunday School teacher. 2—Written by Lee at suggestion of detectives for purpose of comparison. 3—One of notes found in cellar. 4—Also written by Lee at suggestion of detectives.

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

Atlanta Journal

Monday, April 28th, 1913

It’s Discovery Leads to Theory That She May Have Been Attacked There and Then Dragged to Factory Basement

The finding of half a dozen strands of hair in the cogs of a steel lathe in the metal room on the second floor of the National Pencil company’s factory and the discovery of blood splotches on the floor, early Monday morning, aroused the belief that this was the scene of the murder of fourteen-year-old Mary Phagan, Sunday morning. There were no other evidences of a death struggle here, but there was little in the room that could have been disturbed by a combat.

The hair is of the same shade as that of the murdered girl.

A cunning effort has been made to conceal the blood stains on the floor by the smearing of some kind of a powder over the surface. A single drop of congealed blood was found, however, by a Journal reporter, and a further investigation revealed more.

In the absence of contradictory evidence, it is now the belief that the girl was killed in this room and her body then dragged in the opening in the first floor, where it was lowered to the basement. This tends to implicate more than one murderer, as the weighed nearly 150 pounds.

CALLED THERE FOR PAY?

Miss Phagan formerly worked in the very room in which she is believed to have met death. She and four other girls were employed there in manufacturing the metal caps which fasten the rubber erasers to the ends of pencils. Continue Reading →

J. M. Gantt is Arrested on His Arrival in Marietta; He Visited Factory Saturday

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J. M. Gantt is Arrested on His Arrival in Marietta; He Visited Factory Saturday

Arthur Mullinax, who seems to have established an alibi through statements of friends that he was at home on night of the murder. [Mullinax is the young man said to have been seen with Mary Phagan Saturday night by Edgar Sentell. Sentell was unwavering with his statement on what he had seen. However, Mullinax’s girlfriend came forward and stated that she had been with him that evening and that Mullinax was entirely innocent. — Ed.]

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

Atlanta Journal

Monday, April 28th, 1913

Gantt Protests His Innocence, Declaring He Knows Nothing of the Crime — Says He Went to Factory Saturday to Get Pair of Shoes Left There—His Statement is Confirmed by Superintendent Frank

DECLARES HE KNEW MARY PHAGAN BUT HAD NOT HARMED HER

It Is Not Known What Was Purpose of His Visit to Marietta Monday —His Whereabouts Sunday Not Yet Explained —Story of His Arrest and What He Says

J. M. Gantt, who was discharged three weeks ago from the position of bookkeeper at the National Pencil company, was arrested shortly before noon Monday at Marietta in connection with the murder of Mary Phagan.

He is the man for whom the police were searching during Monday morning, but whose name they refused to divulge. He was arrested by Bailiff Hicks, of Marietta, just as he stepped from a street car in which he had come from Atlanta.

Gantt protests his innocence, and says that he knows nothing whatever of the murder of Mary Phagan. He admits having gone to the factory of the National Pencil company on Saturday afternoon for shoes that he had left there, but denies that he returned to the factory or was with Mary Phagan at any time during the day.

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Police Think Negro Watchman Can Clear Murder Mystery; Four Are Now Under Arrest

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Police Think Negro Watchman Can Clear Mystery 1

Mary Phagan [Interestingly, according to testimony given before the Coroner’s Jury by Mary’s boy sweetheart, George W. Epps, Mary had requested that George walk her home from the factory after work a few days before the murder as the superintendent, Leo M. Frank, had a habit of watching for her from the front door, looking suspicious, and winking at her. — Ed.]

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

Atlanta Journal

Monday, April 28th, 1913

Developments in Case Have Come Thick and Fast Monday but No Evidence Has Yet Been Developed Which Fixes the Atrocious Crime — Mullinax Seems to Have Proved Alibi

SUPERINTENDENT FRANK AIDS POLICE IN TRYING TO SOLVE THE MYSTERY

He Was Closely Questioned for Several Hours Monday but Left Headquarters in Company With His Attorneys and Friends—Crime Was Committed in Metal Room on Second Floor—Sleeping Compartment Found in Factory Basement

Detectives expect to wring the secret of Mary Phagan’s murder from Newt Lee, negro night watchman at the National Pencil factory, 37-39 South Forsyth street.

Their theory is that he is innocent of the crime itself, but that he knows the murderer of the fourteen-year-old girl, and is shielding the man who strangled Mary Phagan with a piece of hempen cord on Saturday and dragged her body into the pitch black cellar of the factory.

The negro will tell nothing, but from him and from J. M. Gantt, the discharged bookkeeper, detectives expect to draw the story of how Mary Phagan was beaten into unconsciousness, assaulted, and then strangled to death.

FOUR ARE UNDER ARREST.

Four men are under arrest: Lee, the negro night watchman; Gantt, who was discharged three weeks ago by the company; Arthur Mullinax, of 62 Poplar street, and Gordon Bailey, a negro elevator boy at the pencil factory.

L. M. Frank, superintendent of the pencil factory, was questioned by the police, and spent the better part of Monday morning at [the] police station. But he was not placed under arrest, and at noon returned home.

An alibi has practically been established for Mullinax by Jim Rutherford, with whom he boarded, and the police have no direct evidence against Gordon Bailey, the elevator boy. Continue Reading →

Negro Watchman Tells Story of Finding Girl’s Body and Questions Fail to Shake Him

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Negro Watchman Tells Story of Finding Girl's Body and Questions Fail to Shake Him

A sketch of pretty Mary Phagan from her latest photograph by Brewerton.

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

Atlanta Journal

Wednesday April 30th, 1913

Newt Lee, Negro Who Notified Police of Mary Phagan Murder, Tells Coroner Girl’s Body Was Lying Face Up With Head Toward West When He Found It — But Officers Declare They Found It Lying Face Down, Head Toward East, Knew She Was White, Said He, by Her Hair

SAYS MR. FRANK DID UNUSUAL THINGS, BUT DOES NOT DIRECTLY IMPLICATE ANYONE

Mr. Frank Met Him Outside Office Saturday Afternoon and Let Him Off for Two Hours, After Having Insisted That He Be There at 4 o’Clock—Mr. Frank Was Scared When He Saw Gantt, Says Negro—Telephoned Him That Night for First Time—Inquest Resumed at 2:15

That he found the body of Mary Phagan face up with its head toward the back of the building, was the startling evidence given at the coroner’s inquest Wednesday morning by Newt Lee, the negro night watchman at the National Pencil factory in which the child was murdered.

This evidence, by which the negro has stuck without wavering is in direct conflict with the evidence of all the police officers and others who answered the negro’s alarm. Continue Reading →

Three Handwriting Experts Say Negro Wrote the Two Notes Found by Body of Girl

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At the top is a photograph of writing done by Newt Lee, the negro night watchman after his arrest. At the bottom is a photograph of two lines of a note found beside the body of Mary Phagan in the pencil factory cellar. Three handwriting experts—Frank M. Berry, assistant cashier of the Fourth National bank; Andrew M. Bergstrom, assistant cashier of the Third National bank and

At the top is a photograph of writing done by Newt Lee, the negro night watchman after his arrest. At the bottom is a photograph of two lines of a note found beside the body of Mary Phagan in the pencil factory cellar. Three handwriting experts—Frank M. Berry, assistant cashier of the Fourth National bank; Andrew M. Bergstrom, assistant cashier of the Third National bank and Pope O. Driver, chief bookkeeper and head of mail departments, of the American National bank, unhesitatingly declare that the same hand penned them both. Detectives are satisfied that Lee knows all about the killing of the girl. The only question in their minds is whether he is alone involved.

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

Atlanta Journal

Tuesday, April 29th, 1913

Frank M. Berry, of the Fourth National Bank, Andrew M. Bergstrom of Third National, and Pope C. Driver, of the American National, Examined Notes at Journal’s Request And Found Same Person Wrote Both

ALL THREE ARE EXPERTS AND MADE MICROSCOPICAL EXAMINATIONS

Their Investigation Shows He Wrote Both Notes and Seems to Prove Conclusively That Either the Negro Committed the Crime or Knows Who the Guilty Party Is

Through its own investigations The Atlanta Journal has proven conclusively that Newt Lee, the negro night watchman for the National Pencil company, either himself mistreated and murdered pretty Mary Phagan, or that he knows who committed the crime and is assisting the perpetrator to conceal his identity. Continue Reading →

L. M. Frank, Factory Superintendent, Detained By Police

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Leo M. Frank. Superintendent of the National Pencil company, snapped by a Journal photographer on the way to police headquarters. Mr. Frank is not under arrest, but will be a witness at the coroner's inquest.

Leo M. Frank. Superintendent of the National Pencil company, snapped by a Journal photographer on the way to police headquarters. Mr. Frank is not under arrest, but will be a witness at the coroner’s inquest.

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

Atlanta Journal

Tuesday, April 29th, 1913

Detectives Building Case on Theory that Frank and Negro Can Clear Mystery

Chief Lanford Believes That Testimony of the Superintendent and Negro Night Watchman May Lead to the Arrest of the Person Guilty of the Atrocious Crime That Has Shocked the Whole City—No Further Arrests Expected Soon

MRS. FRANK IN TEARS AT POLICE STATION WHILE HUSBAND IS UNDER EXAMINATION

Frank Was Confronted by Negro Night Watchman—His Attorney, Luther Z. Rosser, Present at Inquiry, Which Was Conducted by Chief Beavers, Chief Lanford and Detectives Behind Closed Doors—Conference Still in Progress at 2

At 1:35 o’clock Tuesday afternoon Chief of Detectives N. A. Lanford, announced that L. M. Frank, superintendent of the National Pencil company’s factory, where Mary Phagan was found murdered early Sunday morning, would be detained by the police until after the coroner’s inquest. The inquest will be resumed Wednesday morning at 9 o’clock.

Chief Lanford made this statement when he emerged from a conference which had been in progress in his office on the third floor of the police station since shortly after 1 o’clock. Continue Reading →

Pencil Factory Model is Damaged in Fight

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

Atlanta Journal
August 16th, 1913

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

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

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

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

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

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

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

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

* * *

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

Mrs. Rae Frank Takes Stand in Son’s Defense

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

Atlanta Journal
August 16th, 1913

Identifies Letter Written By Frank to N. Y. Kinfolks On the Day of the Murder

By Asking Pencil Factory Forelady If She Saw Frank Talking to Mary Phagan, Solicitor Dorsey Indicates That He Has Witnesses Who May Furnish Further Sensational Testimony Along This Line

Mrs. Rae Frank, mother of Leo M. Frank, the accused factory superintendent took the stand Friday afternoon in defense of her boy and was on the stand when trial adjourns, at 5:45 o’clock until 9 o’clock Saturday. Mrs. Frank testified as to a letter which was written by her son on the day of the murder of Mary Phagan, addressed to M. Frank, the accused’s uncle, and received in New York several days later. The letter was admitted as evidence but was not read to the jury. Its contents told of the Memorial Day parade and of grand opera closing in Atlanta. A striking paragraph in the letter was the accused’s comment that nothing startling had happened in Atlanta since his uncle left.

Attorney Reuben R. Arnold, for the defense announced after court adjourned that the defense would put up about 100 more witnesses and that it would require at least two more days for it to conclude its evidence. This is taken to mean that the accused will not occupy the witness stand until possibly Wednesday.

By one question asked of Miss Mary Burton, forelady of the polishing room, Solicitor Dorsey Friday afternoon indicated that he had witnesses who would testify, if permitted, that Frank made advances to Mary Phagan, the murdered girl, two weeks before the crime. He asked the witness, “Did you ever hear that Frank got Mary Phagan in a corner two weeks prior to the murder and she was begging him to let her get away?” Miss Burton answered, “No.” If the solicitor has such witnesses he can put them on the stand and ask if they know the character of the accused and the witness can only answer as to whether it is good or bad, but if the defense asks the witnesses to give their reasons for their opinion and state a specific instance, then the alleged testimony against Frank’s character can get before the jury.

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Witness, Called by Defense, Testifies Against Frank

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

Atlanta Journal
August 16th, 1913

MISS IRENE JACKSON DECLARES FRANK LOOKED INTO DRESSING ROOM ON SEVERAL OCCASIONS

Daughter of Policeman A. W. Jackson Testifies That Frank Opened the Door of Dressing Room and Looked in While Young Lady Was Dressing and That a Complaint Was Registered With a Forelady, Miss Cleland, About It

NEWSPAPER MAN TELLS OF JIM CONLEY’S PANTOMIME RE-ENACTMENT AT FACTORY

Solicitor Dorsey Attacks the Pinkertons, Charging That They Failed to Report Their “Finds” to Police—Many Young Women Employed at the Factory Testify to Frank’s Good Character—Court Adjourns Until Monday Morning

With Harllee Branch, a reporter for The Journal, on the witness stand where he had just described Conley’s pantomime re-enactment of his alleged part in the disposal of the body of Mary Phagan, witnessed by him as a newspaper man, the trial of Leo M. Frank was adjourned at 1:05 o’clock Saturday afternoon until Monday morning at 9 o’clock. Mr. Branch, summoned by the defense to testify in regard to an interview with Jim Conley at the tower, over the protest of Attorney Luther Z. Rosser, was permitted by the court to describe Conley’s pantomime re-enactment when requested to do so by the solicitor.

Just before court adjourned, Judge Roan addressed a few words to the jury, expressing regret that it was necessary to keep them away from their families another Sunday but stating that he sincerely hopes this would be the last Sunday that they would have to held together.

Unexpected testimony for the state was drawn from Miss Irene Jackson, daughter of Policeman A. W. Jackson, a former employe of the factory, who had been summoned as a defense witness. On cross-examination Solicitor Dorsey developed testimony to the effect that the girls in the factory were somewhat afraid of Frank, that on one occasion Frank had looked into the dressing room while Miss Emily Mayfield was partly dressed and that Miss Mayfield had complained to a forelady, Miss Cleland. She told of other occasions on which the superintendent is alleged to have pushed the door of the dressing room open while the girls were in there dressing. She admitted on cross-examination that the occurrence to which she testified occurred last summer, but that she had […]

when her father made her leave. She also admitted that there had been complaint of the girls flirting through the windows of the dressing room and that Frank had spoken to her forelady about it.

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All Georgia Records Broken by the Frank Trial

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

Atlanta Journal
August 15th, 1913

Testimony up to Thursday Would Fill 500 Newspaper Columns, Says Official

Mrs. M. Marcus, M. J. Goldstein, I. Strauss, Who Participated in Card Game, Declare Frank Showed No Signs of Excitement When They Saw Him Saturday Evening and That There Were No Scratches on His Face

That all Georgia records for criminal trials already had been broken and that probably there was no southern record approaching it, was the statement of the court stenographer informally Thursday afternoon with regard to the Leo M. Frank murder trial.

The stenographer stated that the records of the trial up to Thursday morning and including none of Thursday’s testimony, were well in excess of 400,000 words.

That is equivalent to more than 500 newspaper columns of solid print, with each line a full one.

That court did not include, of course, the voluminous record of the coroner’s inquest nor any of the other profuse documents which were written in advance of the trial’s beginning.

According to witnesses for the defense Leo M. Frank was not nervous and displayed no signs of extra concern on Saturday night, April 26, just a few hours before the little girl’s body was found by Newt Lee, the negro night watchman. The witnesses testified that they attended the card party at the home of Emil Selig that night and that the accused came in about 8:15 or 8:30 and sat in the hall and read a magazine until after 10 o’clock when he retired.

Mrs. M. Marcus, of 482 Washington street, was the first witness. She told the jury that she attended the Seligs’ card party, saw Frank and noticed nothing unusual in his manner. M. J. Goldstein, also of Washington street, declared that he too attended the card game and noticed nothing unusual about the accused. I. Strauss told the jury that he went to the Selig home about 10 o’clock that night to escort Mrs. Strauss home and that he saw the superintendent who retired shortly after he arrived. John W. Todd, of Pittsburg, Pa., was the only character witness introduced early in the afternoon. He was treasurer of Frank’s class at Cornell and said that the accused had a good reputation in college.

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Leo M. Frank Ready to Tell His Own Story to Jury

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When Herbert Lasker, former roommate of Leo M. Frank, came to Atlanta to testify on the previous good character of the man accused of murdering Mary Phagan, he brought with him several photographs of the class of ‘06, of which both he and Frank were members. The two men, and the half-dozen other professors and former fellow-students who made the journey south simply to testify, spent an hour at the court house Thursday noon gazing at the pictures taken in happier days.
The members of the class are scattered over the earth now. One is in France, one in China, another spent two years making geological investigation in Alaska. All who were within reach came to Atlanta in their former classmate’s hour of need. In the accompanying picture ‘Herbert Lasker,’ who has already told of his friend’s character is in the front row on the extreme left. Frank in the [word illegible] front and left in the same row. This picture was taken some eight or nine years ago.

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

Atlanta Journal
August 15th, 1913

TAKES WITNESS STAND SATURDAY MORNING; UNDER LAW CANNOT BE EXAMINED BY THE SOLICITOR

Defense’s Case is Rapidly Nearing Completion, and Indications Are That All Witnesses, Except Frank, Will Have Testified Before Court Adjourns Friday—Forty Atlantians Tell of Accused’s Good Character

ATLANTA GIRL BROUGHT REFORMATORY IN CINCINNATI TO TESTIFY AGAINST FRANK

Miss Dewey Hewell, Sixteen Years Old, Arrived Friday Morning With Matron Bohnefeld—Nature of Her Testimony Is Not Known-Expert in Varnish Department Says Spots in Factory Look Like Varnish

Forty Atlantians took the stand during Friday morning’s session of the Frank trial and testified to the good character of the accused. In only one or two instances did the solicitor cross-question these character witnesses, and then only when the witness related something other than testimony concerning Frank’s character.

The character witnesses testified in the following order: Dr. J. A. Sommerfield, F. G. Schiff, A. D. Greenfield, Joseph Gershon, M. O. Nix, Joseph Stalker, P. D. McCarley, Mrs. M. Y. Meyer, Mrs. David Marx, Mrs. Arthur I. Harris, A. L. Gluckman, M. S. Rice, Mrs. D. Glowsky, Mrs. J. A. Sommerfield, Mrs. L. H. Moss, Mrs. Joseph G. Brown, E. E. Fitzpatrick, Emil Dittler, William Bauer, Miss Helen Loeb, J. C. Matthews, Al Fox, Mrs. Adolf Montag, Mrs. Martin May, Julian Boehm, Mrs. Mollie Rosenberg, M. H. Silverman, Mrs. M. L. Starne, Charles Adler, Mrs. R. A. Sohn, A. J. Jones, Mrs. Dan Klein, Nathan Coplan, Miss Rae Klein, F. F. Hulburn, Lester Einstein, M. J. Bernard, Jacob Fox, Marcus Loeb and Mrs. J. O. Phrmateo [sic].

Leo M. Frank, the accused, will take the stand in his own defense Saturday morning and will relate the story which he told the coroner before his arrest. The law doesn’t require the accused to be sworn, neither does it require him to submit to the cross-examination by the prosecution.

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Court Stirred by Outburst From Leo Frank’s Mother

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

Atlanta Journal
August 14th, 1913

Defense Character Witness Is Used by Solicitor to Get Suggestions Before Jury

Solicitor Mentions Names of Many Persons, Who Will Probably be Put Up in Rebuttal to Attack Frank’s Conduct as Related to Woman Employes of Factory—Mrs. Rae Frank, Mother of the Accused, Creates a Sensation Shouting at the Solicitor.

Court adjourned at 5:40 until 9 o’clock Thursday morning.

The trial of Leo M. Frank took another sensational turn Wednesday afternoon when Solicitor Dorsey began, through his questions to John Ashley Jones, put up as a character witness by the defense, a vigorous attack upon the character of Frank. The solicitor hurled one sensational question at the witness after the other.

“You’ve never heard L. T. Coursey and Miss Myrtis Cator tell about Frank walking into the dressing room?” shouted the solicitor.

“You never heard how he tried to put his arms around Miss Myrtis Cator?”
“You never heard about his looking at poor little Gordie Jackson?”
“You didn’t hear of what he tried to do to Luis McDonald and Rachel Prater, did you?”
“And you didn’t know about Mrs. Pearl Dodson hitting him with a monkey wrench?”
To all of these questions the witness answered in the negative. The solicitor proceeded with others, asking the witness if he had ever talked to Mrs. G. D. Dunnegan and Marian Dunnegan or to Mrs. Wingard, of 45 Mills street.

It is inferred that the solicitor expects to put up the persons mentioned to testify in rebuttal against Frank’s good character.

Mr. Dorsey drew from Mr. Jones, who is an insurance agent, the admission that he had written to the grand jury, urging an indictment of Jim Conley. Mr. Jones said he did so because his insurance company had written a policy for Frank and before issuing it had made a thorough investigation of his character and found it to be good.

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Frank’s Story of Before and After Crime Corroborated; Defense’s Motion to Strike Sensational Questions Fails

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

Atlanta Journal
August 14th, 1913

FRANK WAS SEEN BY WITNESSES ON HIS WAY TO AND FROM HOME DAY LITTLE GIRL WAS KILLED

Solicitor Declares That Outburst of Yesterday Should Not Be Allowed and That as There Is Further Unpleasant Testimony to Be Heard, He Suggests That Frank’s Wife and Mother Do Not Hear It—Judge Issues Caution

MOTION OF ATTORNEY ROSSER TO STRIKE OUT SENSATIONAL QUESTIONS IS OVERRULED

Solicitor Dorsey’s Questions Put to John Ashley Jones Will Stand and the Defense Will Be Forced to Disprove Suggestions Given to Jury by Cross-Questioning Witnesses Whom Solicitor Will Summon in Rebuttal

There were three big features in the Thursday morning session of the trial of Leo M. Frank:

First, the request of Solicitor Hugh M. Dorsey that the mother and wife of the accused be excluded from the court room to prevent an interruption similar to that made by Mrs. Rae Frank Wednesday afternoon. Judge Roan did not grant the request but cautioned the ladies that they must contain themselves.

Second, the overruling of a motion made by the defense to strike from the record the sensational questions and answers reflecting on Frank’s character elicited Wednesday afternoon during the examination of John Ashley Jones, a character witness.

Third, a formidable presentation of evidence corroborating Frank’s story in reference to his movements on the day of the tragedy.

Through the witnesses who testified Thursday the defense showed that Frank was on his way home at 1:10 o’clock and that he was on his way back to the factory at 2 o’clock. Previously Emil Selig had testified that Frank reached his home at 68 East Georgia avenue about 1:20 o’clock. The superintendent’s story of where he was and what he did immediately before immediately after the tragedy has, therefore, been very strongly corroborated.

Miss Helen Curran, of 360 Ashby street, stenographer, whose father works for Montag Bros., and who herself is employed by the Bennett Printing company, testified that she saw Frank in front of Jacobs’ Alabama and Whitehall streets store at 1:20 o’clock Saturday afternoon.

Mrs. M. O. Michael, of Athens, aunt of Mrs. Lucile Frank, saw Frank, she testified, in front of her sister’s, Mrs. C. Wolfsheimer’s home, 387 Washington street, Saturday afternoon about 2 o’clock. Frank came over and spoke to her, she said. Jerome Michael, her son, also saw Frank in front of the Wolfsheimer residence. Mrs. A. B. Leavy, of 69 East Georgia avenue, Mrs. Wolfsheimer, Julian Loeb and Miss Rebecca Carson were other witnesses who testified to seeing Frank either on his way home shortly after 1 o’clock or as he returned to the factory about 3 o’clock.

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Frank’s Lawyers Again Threaten Move for Mistrial

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

Atlanta Journal
August 13th, 1913

Questions Asked by Dorsey Of Office Boy at Factory Ruled Out After Argument

Attorney Reuben R. Arnold Declares That Any Further Testimony Along Lines of That Sought by the Solicitor During Examination of Philip Chambers Will Tempt Him to Move for a New Trial in the Case

With the calling of Emil Selig, Frank’s father-in-law, the defense began their endeavor to prove Frank’s statement in reference to his movements on the day of the tragedy.

Mr. Selig’s testimony bore principally upon the time Frank arrived at his home to dinner, the midday meal, and his appearance and actions at that time.

He declared that Frank arrived home about 1:20, that he was unmarked by scratches; that his general appearance and actions were as usual; and that during the evening the accused man had been in his usual spirits and had not been either nervous or excited.

Upon cross-examination, Solicitor Dorsey forced him to admit an uncertainty as to the exact time Frank arrived at the house. Mr. Selig also declared that on the following day the murder was mentioned but not discussed and that he said nothing to Frank about it. He reiterated this statement several times.

Mrs. Selig testified similarly to her husband as to the time Frank came home to dinner and his demeanor during the evening. She was closed questioned by the solicitor, who endeavored to show that while she now claimed Frank had appeared concerned about the little girl’s death, at the coroner’s inquest she had said he was not concerned.

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Frank’s Character Made Issue by the Defense

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

Atlanta Journal
August 13th, 1913

ACTION A CHALLENGE TO STATE TO PUT UP WITNESSES IN REBUTTAL WHO OTHERWISE COULDN’T TESTIFY

Lemmie Quinn, Foreman In Metal Room, Tells the Jury He Visited Factory on Saturday, April 26, and Found Frank at His Desk Writing at 12:20 o’Clock, the Very Minute Almost That State Claims Mary Phagan Must Have Been Killed

EFFORTS TO SHOW EXPERIMENTS OF WITNESSES WHO RE-ENACTED CONLEY’S STORY BRING FIGHT

Judge Roan Delays Decision Until Both Sides Can Submit Authorities—Dr. W. S. Kendrick Declares Dr. H. F. Harris Was Guessing in Conclusions He Gave About Mary Phagan’s Death—Three School Mate Friends of Frank Tell of His Good Character

The character of Leo M. Frank was put in issue Wednesday morning by his attorneys during the fifteenth day’s session of his trial for the murder of Mary Phagan.

While not unexpected the fact that the defense has thrown down the bars and challenged the state to put a blot on the character of the young factory superintendent was decidedly the feature of the morning session. Generally the defense in important criminal cases does not put the defendant’s character in issue, for few people can stand the searching investigation to which the accused is generally subjected by detectives. Since Frank was first accused of the Phagan murder there have been constant rumors that the detectives have found witnesses who are ready to attack the character of the accused. These witnesses, if the detectives have found them, could never have testified had the defense not paved the way by putting his character in issue and practically challenging the state to its weaknesses. This action on the part of the defense means that Frank’s attorneys are confident that the defendant’s life will stand the white light of investigation.

The direct case of the defense is almost finished. When the noon recess was taken Wednesday, Attorney Luther Z. Rosser and Reuben R. Arnold expected to be through with all except character witnesses in less than a day’s time.

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Ethics of Dr. H. F. Harris Bitterly Attacked By Reuben Arnold

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

Atlanta Journal
August 12th, 1913

Sensational Charge Hurled By Physician in Testimony Given at Afternoon Session

Dr. Westmoreland, Answering Question of Attorney Reuben R. Arnold, Declares He Never Heard of a Chemist Who Had Made Examination by Himself and Then Destroyed the Organs Without Bringing Them Into Court

Three experts took the stand Monday afternoon at the trial of Leo M. Frank to repudiate the conclusions reached by Dr. H. F. Harris to the effect that the condition of the cabbage in the stomach of Mary Phagan showed that she must have died within an hour after eating, and that the distended blood vessels showed that she had suffered violence of some sort immediately prior to her death.

Dr. Thomas H. Hancock and Dr. Willis Westmoreland both declared that Dr. Harris’ conclusions were not justified. Dr. Hancock said that no physician in the world could have told from the evidence that Dr. Harris had before him how long the cabbage and bread had been in the little girl’s stomach. He exhibited to the jury a number of specimens of cabbage taken from the stomachs of five different people at different periods after it had been eaten to illustrate that very little if anything could be told by an examination of the food.

An attack upon the ethics of Dr. Harris for having made his examination without calling in any other chemist or physician and then having destroyed the stomach, was made by Attorney Arnold. He asked the following question of Dr. Westmoreland:

“Have you ever known a chemist to make an examination of a corpse nine days after death and utterly destroy the organ and not bring it into court to exhibit it to the jury or give it to the other side for investigation and examination?”
Dr. Westmoreland replied in the negative, after Judge Roan had ruled that the question shouldn’t be allowed.

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C. B. Dalton’s Character Shown Up by Frank Defense; Four Witnesses Swear They Would Not Believe His Oath

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

Atlanta Journal
August 12th, 1913

DALTON ADMITS HE SERVED A CHAINGANG SENTENCE FOR THEFT OF A “SHOP HAMMER”

Miss Hattie Hall Swears She Was In Frank’s Office Between 11 and 12 o’Clock and That Superintendent Did No Work on Finance Sheet During This Hour—Her Testimony Different In This Respect From What She Swore at Inquest

MRS. WHITE’S BROTHER GIVES DIFFERENT VERSION OF STORY ABOUT SEEING NEGRO LURKING IN FACTORY

Solicitor Dorsey Puts Wade Campbell Through Severe Cross Examination, Calling Attention to Discrepancies In His Testimony and Signed Statement Given to the Solicitor, Frank’s Movements on Day of Tragedy to Be Proved

Decidedly the feature of the Tuesday morning session of the trial of Leo M. Frank, charged with the murder of Mary Phagan, was the successful attack made by the defense on the credibility of C. B. Dalton, who had previously testified for the state.

Dalton was recalled to the stand by the defense and by his own admissions, it was shown that he had served a chaingang sentence in Walton county in 1884 for theft; that he was indicted in 1899 for stealing baled cotton, for which he received, to quote his own language, “one-forty-one-eighty;” and that he “hade come clear of stealing corn in Gwinnett county.”

Four witnesses, V. S. Cooper, of Monroe, J. H. Patrick, policeman and justice of the peace Walton county, W. T. Mitchell and I. M. Hamilton, all swore that they would not believe Dalton on oath. Mrs. Laura Atkinson, of 30 Ellis street, testified that she had met Dalton several times but that she had never met him at the Busy Bee cafe. Mrs. Minnie Smith, an employe of the factory, testified that she did not even know Dalton. Both had been mentioned in Dalton’s testimony for the state.

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Frank Case Mentioned for First Time in House

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

Atlanta Journal
August 11th, 1913

For the first time this session, mention of the case of Leo M. Frank, on trial for his life for the murder of fourteen-year-old Mary Phagan, was made today in the house of representatives.

Representative Slater of Bryan was speaking in favor of the senate resolution of Mr. Irwin of the Thirty-fourth, calling for the appointment of a commissioner of competent lawyers to revive and improve the method of civil and criminal procedure in the state and report to the next session of the legislature, and made reference to the long drawn out proceedings of the Frank trial.

Instantly Representative Edmondson of Brooks was on his feet.

“Mr. Speaker,” he said, “I object to the Frank case being dragged into the proceedings of the Georgia legislature.”

Mr. Slater replied that he used the case only as an example to make clear his position, and the incident was closed.

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Atlanta Journal, August 11th 1913, “Frank Case Mentioned for First Time in House,” Leo Frank case newspaper article series (Original PDF)

Sunday Proves Day of Meditation for Four Frank Jurors

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

Atlanta Journal
August 11th, 1913

Sunday apparently brought reflection and repentance to one aspiring member of the Frank juror, while three others after due consideration of the heat and other things, spent a part of their $2 per day.

Juror Townsend, who has been carefully cultivating a most aspiring and sprouting young mustache, had the first opportunity in seven days to inspect it. After deliberating over its ultimate destiny for the greater part of Sunday, he evidently repented, for when he appeared in the court room Monday morning the thin, dark cloud topping his lips was gone.

Three other jurors grew tired of living without expenditure and drawing $2 a day for the task, and seeing some extremely neat looking white suits marked down, purchased a number. This happened last week, but they wished to wear the suits a day in order to become accustomed to them before they appeared in public, so the first formal appearance was made Monday morning. None of the new suits was of the “side slit” variety.

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Atlanta Journal, August 11th 1913, “Sunday Proves Day of Meditation for Four Frank Jurors,” Leo Frank case newspaper article series (Original PDF)