Tag Archives: Atlanta Journal

Many Experts Called by Defense to Answer Dr. H. F. Harris

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

Atlanta Journal
August 11th, 1913

DR. GEORGE BACHMAN GIVES TESTIMONY TO SHOW HARRIS SIMPLY HAZARDED A GUESS

Professor of Physiology at Atlanta College of Physicians and Surgeons Declares Dr. Harris Is the Only Doctor He Knows Who Would Undertake to Express the Opinion That Dr. Harris Did in Reference to Mary Phagan’s Death

FRANK A NORMAL MAN, SAYS DR. T. H. HANCOCK WHO TOOK WITNESS STAND MONDAY AFTERNOON

Herbert G. Schiff, Frank’s Young Assistant, Was Under Cross-Examination Several Hours Monday—He Said He Had Never Heard Complaint That Factory Clock Ran Five Minutes Fast and Denied That Frank Had Objected to His Firing Conley

Only two witnesses were examined at the Monday morning session of the trial of Leo M. Frank, charged with the murder of Mary Phagan. They were Herbert G. Schiff, assistant superintendent of the factory, who was under cross-examination the greater part of the morning, and Dr. George Bachman, professor of physiology in the Atlanta College of Physicians and Surgeons.

Dr. Bachman declared that Dr. H. F. Harris was the only physician he ever heard of who would express such an opinion as Dr. Harris had given from the witness stand previously. He said that an opinion as to the length of time that food had been in the stomach under most any circumstances would be but a hazardous guess, and that it would be utterly impossible to determine how long since food had been eaten by a post-mortem examination made nine or ten days after death of a body that had been embalmed. The embalming fluid, he declared, would add seriously to the difficulties of forming a correct opinion. The sum and substance of Dr. Bachman’s testimony was that it was impossible to fix the time of little Mary Phagan’s death by any analysis or examination of the food that was found in her stomach.

Dr. Bachman was not asked to testify in reference to Dr. Harris’ declaration that Mary Phagan had suffered violence prior to her death, but it is probable that some of the experts who follow him will be asked in reference to this feature of the case.

Dr. T. H. Hancock, of the Atlanta hospital and part owner of that infirmary, was called by the defense as its first witness after the resumption of court Monday afternoon.

Dr. Hancock testified regarding a thorough physical examination which he made of Leo M. Frank, the accused, certifying that in every way so far as he could determine Frank is like other men in his physique.

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Playing Practical Jokes on Watchful Bailiffs is Pastime of Frank Jurors

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Anybody who has the mistaken idea that it’s fine to be a juror in a big murder trial has only to see Artist Brewerton’s illustration above, of the way the twelve men who are to decide Leo M. Frank’s fate pass their time these days. On them the commonwealth has placed the responsibility of judging the truth of the evidence placed before them day after day in the court room. They are shut off from all communication with the outside world, except what comes to them in open court as sworn evidence and except also what their families write to them in notes that are censored severely by the sheriff’s deputies who always guard them day and night. The routine begins early in the morning and ends when they return to their rooms at night. There they while away the hours with no company but their own. They sleep, eat, walk, and listen to evidence, in a body of twelve. Should one of them fall ill, serious complications might arise in the Frank trial. Should demonstrations from the populace, such as applause or disapproval in the court room or elsewhere, reach them, other complications might ensue, and the whole trial might be vitiated, leaving all the tedious work to be done again.

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

Atlanta Journal
August 10th, 1913

Court Bailiff Charles F. Huber, Who Guards Body in Hotel at Night, Spends Hours in Search of Mysterious Female Voice Which Disrupts His Peace — Deder Townsend Improves His Time While Shut Off From World by Growing Mustache

There are a few pastimes almost as enjoyable as being a juror—such as spending a short vacation in jail, or floating around on the bosom of the deep blue ocean without an oasis in night, for example. The latter diversions have their advantages. In jail a man usually can receive and talk to any callers that happen to drop in, and on the sea he could talk to them if they were present — which is comforting. But on a jury he can’t do either. He has got to forget his past and his future and his present for the time being and devote himself exclusively to the business of being a juror. His mind is not be burdened with mundane things.

The jurors in the Frank trial are having a harder time than any others previously recruited in Atlanta—about two weeks harder. When they get through they will be the champion marathon jurors of the whole south.

A lot of interesting fiction could be written about the Frank jury. There is a good opening for an enterprising enthusiastic young fiction writer. He could dope out a lot of interesting plots which might be received with acclaim by the magazine-consuming public.

For instance, he could write a story on the Enoch Arden style—only with a happy ending about the return to his home of Juror No. 7. He could have the juror come in, be received joyfully by his good wife after properly identifying himself, go into the bath room, and find his razor all nicked up. Thus the plot would thicken and the story return until it ended by Mrs. Juror No. 7, explaining that little Willie, who was expected shortly after the deputy sheriff served pa with a subpoena to come to court, had grown up during Papa’s absence and used the razor for his first shave.

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Witness Found Who Saw Mary Phagan on Way to Factory

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

Atlanta Journal
August 10th, 1913

George T. Kendley, Street Car Conductor, Declares He Saw Little Girl About Noon on April 26 as She Stepped From Curb on Forsyth Street Bridge to Cross Alabama Street, Where His Car Was Stopped

BOTH SIDES READY TO GRILL EVERY WITNESSES

Attorneys Think There Is Little Chance of the Trial Ending This Week—Much Testimony Is Expected in Rebuttal and All Indications Saturday Night Were Trial Would Run Into Its Fourth Week

The trial of Leo M. Frank for the murder of Mary Phagan will last from six days to two weeks longer, according to the varying estimates of the attorneys connected with the case.

It is conceded that it will take the defense at least four days this week to complete the presentation of its case. Then will come the introduction of testimony in rebuttal and finally the arguments of the attorneys. It will take several days to get in the rebuttal testimony, and the arguments will last a day, and possibly two days before the case finally goes to the twelve men who will decide Frank’s fate.

The state’s attorneys and counsel for the defense employed a portion of their time on Saturday afternoon, after the adjournment of the court, in getting ready to “go after” witnesses on the opposing side.

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Conley’s Story is Still Center of Fight in Frank Case

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Questions asked witnesses by Attorneys Rosser and Arnold indicate that the defense may attempt to convince the jury that it would have been possible for the little girl to have been killed on the first floor of the factory and her body later disposed of through a chute leading from the first floor to the basement at the rear of the building. According to this theory the girl was met at the foot of the stairs leading from Frank’s office, taken toward the back of the building and killed. Her body was then dragged to the trap door leading to the chute and dropped into the basement. Later, according to the theory, it was taken to the spot where it was found by Newt Lee. The accompanying drawing was made from the model of the factory which is being used by the defense at the trial.

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

Atlanta Journal
August 10th, 1913

After Two Weeks of Testimony Only Evidence Directly Linking Frank With the Crime is the Sensational Statement Made on the Stand by Negro Sweeper-Summary of Developments in Trial to Date

STATE HAS INTRODUCED 34 WITNESSES, DEFENSE 10

A Synopsis of the Evidence Presented by Both Sides Shows Just What the State Has Sought to Prove and How the Defense Has Begun to Fight to Convince Jury of Frank’s Innocence

For two long and tedious weeks Leo M. Frank, indicted for the murder of Mary Phagan, has been on trial for his life. During those two weeks forty-eight witnesses have testified, innumerable exhibits, documents, books, diagrams, photographs and illustrative contrivances have been displayed to the jury.

Only the remarkable story of James Conley, the negro sweeper, directly connects the defendant with the crime, and even in this ingenious narrative the negro did not say that he actually saw Frank do the deed.

Time and again while under the merciless gruelling of Attorneys Rosser and Arnold, Conley frankly and complacently confessed that he had lied and lied frequently in his many statements and affidavits to the detectives. However, he clung fast to his story as related upon the witness stand Monday, Tuesday and part of Wednesday. He had every circumstance and feature of this story clear in his mind and not once during the sixteen and a half hours that he was in the witness chair did he admit that any portion of it was false — notwithstanding the terrific bombardment of questions hurled at him on cross-examination by Attorney Rosser.

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State Confronts Watchman Holloway With Previous Affidavit

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

Atlanta Journal
August 9th, 1913

Solicitor Dorsey Fiercely Attacks Evidence Given by the Witness For Defense Afternoon Session

He Also Implies That Watchman Was Trying to Fix Crime on Conley to Get Reward. Holloway Admits Signing Statement Produced by the Prosecutor—Other Witnesses for Defense Heard

After Solicitor Dorsey riddled E. F. Holloway, day watchman at the National Pencil factory, with volleys of questions regarding former statements made by the witness and which he could not explain or make coincide with his testimony Friday afternoon, court adjourned at 6:45 o’clock until 9 o’clock Saturday.

The solicitor also trapped the watchman and the witness for the defense. The solicitor also made the sensational implication that the bloody stick found by Pinkertons in the factory was planted by Holloway himself. The solicitor further implied that Holloway was working for a reward and had turned up Conley for that purpose.

After Holloway had declared that Daisy Hopkins’ character was good as far as he knew, the solicitor asked him about a paper he had signed previously stating the contrary. He admitted that he signed the paper. The solicitor asked the witness if he hadn’t told the detectives to return to the factory on a certain day and he was sure they would find something. The witness denied this.

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Schiff Refutes Jim Conley and Dalton

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

Atlanta Journal
August 9th, 1913

WITNESS IN MOST OF DORSEY’S GRILLING WHEN COURT ADJOURNS UNTIL NINE O’CLOCK ON MONDAY

Assistant Factory Superintendent Refutes Testimony of C. B. Dalton and Jim Conley That Frank Frequently Had Women Callers In His Office on Saturday Afternoons and During Holidays—He Says He Never Saw Conley There Saturday Afternoons

DECLARES THAT WIFE OF THE ACCUSED FREQUENTLY CALLED ON HUSBAND AT HIS OFFICE ON SATURDAYS

Attorney Arnold Registers Another Objection Against Laughter of Spectators in the Court Room—Solicitor Draws From Schiff Change of Answers Made to Several Previous Statements of His While on the Witness Stand

The second week of the trial of Leo M. Frank, charged with the murder of Mary Phagan ended at 12:30 o’clock Saturday when court adjourned until 9 o’clock Monday morning. Herbert Schiff, assistant superintendent of the National Pencil factory was on the stand for the defense at the hour of adjournment and will resume under cross-examination by Solicitor Hugh M. Dorsey on Monday. During the cross-questioning of Schiff, he and the solicitor had many tilts regarding the system of the factory office and were frequently interrupted by objections from Attorney Arnold for the defense. The solicitor put Frank’s assistant through a grilling examination during the course of which he caused the witness to change several answers he had previously made to the jury.

That Jim Conley, the negro sweeper who accuses Frank, feared the crowd gathered in front of the pencil factory following the murder of Mary Phagan and that the negro declared that he would give a million dollars if he had a white skin, was the declaration of Schiff, earlier during his testimony. Schiff also declared that the financial sheet made out in Frank’s handwriting on April 26 was accurate and the handwriting of the accused superintendent was normal. Schiff works with Leo M. Frank in the office and assists in making up the weekly financial sheets.

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Defense Begins Introduction of Evidence

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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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