Tag Archives: Leo Frank Trial

Reply Made To Frank’s Attack

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Atlanta Georgian
August 28th, 1913

Solicitor Cites Prisoner’s Statement on Stand, “Now is the Time, This is the Place.”

Solicitor Dorsey was as busily engaged on the Frank case Thursday as he was any day before Leo Frank was convicted of the murder of Mary Phagan. If the factory superintendent finally succeeds in avoiding the penalty fixed it will not be because the Solicitor has not fought to the uttermost of his strength to put the rope around Frank’s neck.

Briefly but pointedly Solicitor Dorsey Thursday morning summed up his opinion of Leo Frank’s latest alleged statement concerning the trial and the Solicitor’s speech.

“Frank,” said the Solicitor in his quiet manner, “declared on the stand that now was the time and here the place, That’s all I have to say.”

The Solicitor declared that the State would ask the new Grand Jury which will be sworn in Tuesday, to indict Jim Conley immediately as an acknowledged accessory after the fact to the murder of Mary Phagan. He declared further that he had no intention of asking for a shortening of the sentence, as this was in the province of the Grand Jury and the judge.

No Vacation for Dorsey.

Although worn out as a result of the long strain, Solicitor Dorsey declared Thursday that it was his intention to keep right at work without taking a vacation. A few days of “taking it easy,” he said, will put him in excellent shape for the remainder of the summer.

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State is Hard Hit by Judge Ruling Barring Evidence Attacking Frank

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

Atlanta Constitution
August 20th, 1913

Court Rules Out All Specific Acts of immorality Charged to Prisoner, Despite Vigorous Fight Made by Solicitor Hugh Dorsey, Who Had Called Many Witnesses to Prove His Character Bad.

DR. SAMUEL BENEDICT COMES TO THE DEFENSE OF DR. ROY F. HARRIS

State Makes Strong Effort to Show, That Minola McKnight Was Not Coerced Into Signing the Statement Which She Afterward Repudiated — Boy Says He Saw Frank With Mary Phagan.

The state was given a big setback Tuesday when Judge Roan ruled out all specific acts of immorality charged to Frank which Solicitor Dorsey was seeking to get before the jury. When the defense placed Frank’s Character to evidence, no one was more gratified than Solicitor Dorsey.

He stated that this was the thing he had hoped for all along and that he would have no difficulty in tearing it to tatters. With this in view the little Hewell girl, who has been in the Home of the Good Shepherd at Cincinnati, was sent for and is now in the city. She was but one of many by whom, he expected to establish certain sets of immorality.

If Solicitor Dorsey cannot manage to get any of this evidence before the Jury, Frank’s character, so far as testimony goes, will go unscathed.

TESTIMONY RULED OUT.

At the afternoon session Miss Nellie Wood who worked at the pencil factory two days, was placed on the stand. Ignore any questions were put to her Solicitor Dorsey stated that he wanted a ruling from Judge Roan as to the class of evidence that he would permit for the record. The jury was sent out and Solicitor Dorsey stated that he wanted to prove by the witness that on the second day she was employed at the pencil factory, Frank had made her an indecent proposal and that she had quit.

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State Suffers a Severe Blow When Testimony Is Ruled Out

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

Atlanta Constitution
Wednesday, August 20th, 1913

Miss Nellie Wood, a former employee of the National Pencil factory, whom the state claims left there because on the second day she was there when Leo Frank got her into his office and made indecent proposals to her, was put on the stand following the McKnight negro.

After bitter wrangles with the jury out of the courtroom, Judge Roan ruled that the woman could not tell that Frank had made these proposals to her, but that all she could tell about was what she had heard others say in regard to his character before the day of the murder. It was a severe blow to the state and only came after Solicitor Dorsey and Attorney Hooper bad Invoked every point they knew to fight HH. Mr. Dorsey declared that the court had allowed the defense to ask the factory girls If Frank had ever on any occasion made Improper proposals to them and that now he refused to let the state ask the same question of the witness on the stand.

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Climax of Trial Reached When Frank Faced Jury

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

Atlanta Constitution
August 19th, 1913

The climax of the Frank trial came at the afternoon session Monday, when Leo M. Frank took the stand to tell of his actions on the day of the murder.

The accused man’s statement was clear, concise and straightforward. He talked in smooth, even tones, punctuating his statement with emphatic gestures of the arms and fingers. He had more the appearance of an at attorney making a fury speech instead of an accused man making a plea for life and liberty.

It was a dramatic story, marked by the straightforward delivery of the prisoner. A hush settled over the room throughout his recital and he was able to talk in an ordinary voice and make himself heard all over the place.

The following is the first verbatim report of his statement to be published: “Now, Mr. Frank,” said Mr. Arnold, “such papers as you want to use you can come down here at any time or from time to time and get them on this table right here.”

“Before you commence your statement,” prompted the judge, “I want to read the law. In criminal procedure, the prisoner will have the right to make to the court and jury such statement in this case as he may deem proper in his defense. It shall not be under oath and shall have such force as the jury shall think right to give it. They may believe it in preference to the sworn testimony in the case. The prisoner shall not be compelled to answer any questions on cross-examination. He should feel free to decline to answer them. Now you can make such statement ns you see fit.”

“Gentlemen of the jury,” the accused man began, “in 1884, the 17th day of April, I was born in Terrell, Texas. At the age of 3 mouths my parents took me to Brooklyn, N. Y. which became my home until I came south, to Atlanta, to make my home here. I attended the public schools of Brooklyn and prepared for college In Pratt institute, Brooklyn, N. Y.”

“In the fall of 1902, I entered Cornell university, where I took the course of mechanical engineering, graduating after four years, in June, 1906. I then accepted a position as draughtsman with the B. F. Sturdevant company, of Hyde Park, Mass. After remaining with this firm for about six months I returned once more to my home In Brooklyn, where I accepted a position as testing engineer and draughtsman with the National Meter company, of Brooklyn, N. Y.

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Books and Papers Put in Evidence by the Defense

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

Atlanta Constitution
August 19th, 1913

Just before the close of the morning session the defense began putting in evidence various books and papers shown from time to time during the trial. The first first thing put up was the pasteboard model of the National Pencil factory.

No objection was made lo this by the state, and Attorney Reuben Arnold explained that the model needs slight repairs, as during a “discrepancy” between two gentlemen in the anteroom one of them had been knocked through the elevator shaft.

After offering the pasteboard model Mr. Arnold put in evidence without objection from the state the following: all financial shoots of the factory from June, 1912, to April 26, 1913, and the sheets and data from which they are compiled; the letter which it is claimed Leo Frank wrote to his uncle Moses Frank, in Brooklyn on Memorial day; the record of orders received from January 10 to April 24, 1913; twelve requisitions dated April 26, 1913, and said to be In Frank’s handwriting; eight orders dated the same day and identified by H. G. Schiff and Miss Mattie Hall as being written In Frank’s handwriting; ten carbon-copy letters which Miss Hall swore Frank dictated to her on the morning of the day of the murder; page 195 of the cash book of the National Pencil company, dating from April 21 to 24; specimens of cabbage, submitted by Dr. H. T. Hancock; the four affidavits made by Jim Conley, on May 18, 24, 28 and 29 respectively; records of the various convictions against C. B, Dalton, a witness who swore to Frank’s alleged misconduct with women in his office.

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Supreme Test Comes as State Trains Guns on Frank’s Character

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

Atlanta Georgian
August 17th, 1913

Defendant Will Take the Stand Early in Week to Give His Account of His Movements on Day Mary Phagan Met Death in Pencil Factory

ATTORNEYS SEEKING TO ESTABLISH COMPLETE ALIBI

Believed That Case Will Stand or Fall on Efforts of Prosecution to Prove Its Charge of Immorality Against Accused—Many Witnesses Called

BY AN OLD POLICE REPORTER.

The third week of the Frank trial came to an end at noon Saturday.

The defense has not yet concluded its case, but confidently expects to finish within the next day or two.

Its last card, and one of its biggest, will be the defendant’s statement. This statement is scheduled for the early part of this week.

It will mark the climax of the defense’s case, just as Conley’s story marked the climax of the State’s.

It became more and more evident as the case progressed during the past week that the defense is pitting Frank squarely against Conley—that it is to be Frank’s life or Conley’s life for little Mary Phagan’s, snuffed out cruelly nearly four months ago in the National Pencil Factory.

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Mary Phagan’s Grandmother Dies After Dreaming Girl Was Living

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

The Atlanta Constitution
August 18th, 1913

Mrs. A. E. Benton, grandmother of Mary Phagan, who had come to Atlanta to be present at the trial of Leo M. Frank charged with the murder of her little granddaughter, died last night at 9:40 o’clock at the home of her daughter and the dead girl’s mother Mary, J, W, Coleman, of 704 Ashby street. On the second day of the trial, grief and incessant worry over the death of her grand daughter carried Mrs. Benton to her bed, from which she was never able to rise.

During her illness she talked always of Mary and asked eagerly for any word concerning the trial. On Saturday night Mrs. Benton dreamed little dead granddaughter was living again and was in the room with her. Under that delusion she, wakened Sunday morning with words of endearment to the child upon her lips, only to remember once more the bitterness of a broken dream.

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Frank May Tell Story to Jury on Stand Today

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

The Atlanta Constitution
August 18th, 1913

Defense Intimates This, and Also That Statement Will Vary But Little From One Given at Inquest.

FRANK PREPARED FOR ORDEAL OF STATEMENT

Impeachment of Conley Being Prepared For, Say Lawyer-Spectators — Defense May Succeed in Ruling Out Part.

Interest in the Frank trial is heightened by the announced prospect of the defendant taking the stand sometime today in the battle for his life that has been raging for the past two weeks. Attorneys for the defense intimated strongly Sunday afternoon that Frank would go on the stand either this morning or at the afternoon session, and that his statement would vary but little from that which he related at the coroner’s inquest shortly after his arrest more than three months ago. Frank has prepared himself for this ordeal. He spent a quiet and restful day Sunday in the Tower. Scores of friends Invaded his cell, lending encouragement and strengthening him for the crisis with which he is to be confronted. Friends say he is wholIy equal to the test.                                                                      

His wife and mother visited him late Sunday afternoon, bringing food and delicacies. They have been constant visitors to the cell, and neither has missed a day in attendance upon the trial. Neither Mrs. Frank nor her daughter-in-law show outward evidence of any strain they might have suffered from the days of strain endured in the ¢ramped and tedious courtroom.

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That Pinkertons Double-Crossed Police, Dorsey Tries to Prove

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

Atlanta Constitution
August 17th, 1913

With the introduction of W.D. MacWorth, the Pinkerton detective who discovered the blood spots on the first floor near the trap door and the bloody club and pay envelope nearby, came the verification of a rumor that the prosecution would try to show an attempt on the part of the Pinkertons in the employee of the National Pencil factory to double-cross the police. This came when Dorsey sought to prove that the Pinkertons had tried to conceal from the police the fact of the discovery of the club, piece of buggy whip and the pay envelope.

He was examined by Mr. Rosser.

“What is your business?”

“I am an operative with the Pinkerton Detective Agency.”

“Did you work on the Phagan case?”

“Yes, I made several searches of the factory premises.”

“Did you search the ground floor on the 15th of May? What did you find?”

“I found seven stains that resembled blood near the trap door by the elevator. Upon searching behind the radiator, I also found a piece of wrapping cord that looked as though it had been freshly cut at one end. The radiator on the side against the wall was packed with rubbish and trash. There were papers in the trash dated as early as January 13, 1913, which indicated that it had been there only a short while.”

“About six or eight inches away, I found a rolled and crumpled piece of paper. It was a pay envelope, numbered and with the letters ‘M. P.’ written on the face. In almost the same spot I found a heavy club spotted with dim stains. It was Iying in a doorway with several iron pipes”.

Not Positive About Blood.

Cross examination by Dorsey.

“Did you ever see this stick before?” He held to view a heavy butt-end of on buggy whip.”

“Yes, it was behind the front door.”

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Prisoner’s Mother Questioned As to Wealth of Frank Family

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

Atlanta Constitution
August 17th, 1913

Mrs. Rae Frank, mother of Leo Frank, resumed the stand at the opening of the morning session Saturday. Under cross-examination by Solicitor Dorsey, she was forced to tell much of her business interests In Brooklyn, her home, and that of many of her relatives.

She was questioned first on direct examination by Mr. Rosser.

“Has your son, Leo Frank, any rich relatives In Brooklyn?”

“No.”

“When you opened this letter which he wrote to his uncle, where there any other papers in the envelope?”

“Yes.”

“Did you recognize the handwriting of your son?”

“Yes.”

Cross-examination by Dorsey.

“What kind of papers were in the envelope?”

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Dorsey Asks Bauer Where He Spent the Dinner Recess

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

Atlanta Constitution
August 16th, 1913

R. V. Bauer, the ex-student who was on the stand undergoing cross-examination at the adjournment of the morning session took the stand at the opening of the afternoon session.

“Who have you talked with since dinner?” he was asked by the solicitor.

“Mr. Montag, Sig Gottheimer, Mr. Rosser and Mr. Arnold.”

“Where?”
“In Mr. Arnold’s office.”

“How long did you talk with him?”
“Two or three minutes.”

“What did they ask you?”
“Nothing but the facts I’ve already told you.”

“On the third Saturday in January, who did you see at the pencil factory?”
“Nobody except those I’ve been accustomed to seeing.”

“Did you see Frank?”
“Yes, he was at work at his desk.”

“Was anybody with him?”

“I don’t remember.”

“Who did you see on the fourth Saturday?”
“I don’t remember.”

“Did you see Frank?”
“Yes, he was working at his desk at usual.”

* * *

Atlanta Constitution, August 16th 1913, “Dorsey Asks Bauer Where He Spent the Dinner Recess,” Leo Frank case newspaper article series (Original PDF)

Says Frank Broke Baseball Date Shortly After Girl Was Killed

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

Atlanta Constitution
August 16th, 1913

Annie Hicks, a maid in the home of Charles Ersenbach, testified to having received a telephone call from Frank to Ersenbach, breaking a ball game engagement for the afternoon of April 26.

“Do you recall Memorial day?”
“Yes, sir.”

“Did you get a telephone message from Mr. Frank?”
“Yes, he called at 1 o’clock and said tell Charles Ersenbach that he couldn’t go to the ball game that afternoon. He stopped for a minute and said, to somebody beside him, ‘Hush, honey,’ and I supposed he was talking to his wife.”

Dorsey on cross-examination.

“How long have you been working at the Ersenbach home?”
“For two years.”

“Frank and his wife came over to the Ersenbach residence the Sunday morning after the murder?”
“Yes, sir—he came into the dining room where I was and asked me if I could get him a drink of cool water.”

“Did you hear him talk any?”
“Yes, they all talked and laughed.”

“Was he nervous?”

“No, I’ve been knowing him for a long time and I never have seen him nervous.”

“Weren’t they laughing about the little girl being murdered?”

“I don’t know.”

“You and Minola McKnight are great friends?”
“Yes, sir.”

“Has Minola ever talked to you about this affair?”
“No, I just asked her why they locked her up and she said she didn’t know.”

“When was the last time you saw Minola?”
“This morning at Mrs. Selig’s where I had dinner.”

* * *

Atlanta Constitution, August 16th 1913, “Says Frank Broke Baseball Date Shortly After Girl Was Killed,” Leo Frank case newspaper article series (Original PDF)

Still Another Office Boy Swears He Never Saw Women With Frank

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

Atlanta Constitution
August 16th, 1913

B. J. Nix, of Marietta, an office boy for Leo Frank from April to October, 1912 was the first witness, outside of those testifying to character, who was put on the stand Friday. The lad who gave his age as 19 swore that he had never seen Frank having women in his office. He stated that he left the office at 1 o’clock every other Saturday during the summer months.

“Were you ever an office boy for the National Pencil company?” was Mr. Arnold’s first question.

“Yes, sir.”

“When?”
“From April to October of last year.”

“Did you have any agreement about getting off on Saturdays?” Mr. Arnold continued.

“Yes, sir, on every other Saturday I got off at 1 o’clock and on the Saturdays between I stayed to 4 o’clock and sometimes as late as 6 o’clock.

“Were you sent out of the office much?”
“No.”

“Did you ever see Mr. Frank have women in his office?”

“No, sir.”

“Ever see him have beer in his office?”
“Yes, sir.”

Mr. Dorsey took up the cross-examination.

“Most of the Saturdays on which you did not get off at 1 o’clock you got off at 4 o’clock, didn’t you?”
“Yes, sir, most of the time.”

“You don’t undertake to say do you that that on the days you were off that Frank did not have women and beer in his office?”
“No, I can’t say that.”

“That’s all,” said the solicitor.

The witness was then excused.

* * *

Atlanta Constitution, August 16th 1913, “Still Another Office Boy Swears He Never Saw Women With Frank,” Leo Frank case newspaper article series (Original PDF)

Frank as Innocent as Angels Conley Told Her, Says Witness

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Atlanta Constitution
August 16th, 1913

Miss Julia Fuss, a girl about 16 years old, and an employee at the National Pencil factory took the stand to testify as to Frank’s character. She not only testified that she believed the defendant’s character to be good, but that she had heard Jim Conley declare that Mr. Frank was as innocent as the angels in heaven.

Mr. Arnold asked Miss Fuss whether she had ever been in Frank’s office when anything immoral took place.

She replied that she had not.

“Do you know Jim Conley?”
“Yes.”

“Did you talk with him after the murder?”
“Yes. On Tuesday and Wednesday.”

“What conversation took place between you and Jim Conley?”

Wanted to See Newspaper.

Jim asked me to let him see a newspaper which I had there. I asked him what he thought about the case but before he answered or saw the paper he was called by Mr. Darley or somebody. On the next day he came to me again and asked me let him see the paper. This time I asked him again, ‘Jim, what do you think about the case? Do you think Frank did it?’ He said Mr. Frank is as innocent as the angels in heaven.”

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Maid in Schiff Home Tells of Phone Message From Frank

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

Atlanta Constitution
August 16th, 1913

Emma Hill, a maid in the Schiff home was called to tell of a telephone message for Herbert Schiff, made by Frank on the morning of the tragedy.

“Do you remember anybody trying to call Schiff on the 26th of April?”

“Yes, sir. Somebody who sounded like a boy, rang the phone and said tell Mr. Schiff that Mr. Frank wanted him at the office to do some work.”

“What time was it?”

“It was about 11 o’clock. I woke Mr. Schiff and he said tell whoever it was at the phone that he would be there when he got up. He went back to sleep.”

Cross-examination by Mr. Dorsey.

“How long have you been at the Schiff home?”

“Seven years.”

“Why do you remember this especial Saturday?”
“Because it was Memorial day—everybody knows Memorial day.”

“Who did you first tell about this phone conversation?”
“I don’t remember.”

“Who first saw you about it?”
“Nobody but the lawyer.”

“What lawyer?”
“Herbert Haas.”

“And you never mentioned a word of it to a soul before that?”
“No, sir.”

“What did Haas say to you?”
“Nothing. He just gave me the subpoena to court.”

* * *

Atlanta Constitution, August 16th 1913, “Maid in Schiff Home Tells of Phone Message From Frank,” Leo Frank case newspaper article series (Original PDF)

Traveling Salesman for Montag’s Tells of Conversation With Frank

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

Atlanta Constitution
August 16th, 1913

Harry Gottheimer, a traveling salesman for the Montag firm and the pencil factory, took the stand to tell of an engagement he had made with Frank on the afternoon of the murder.

“Do you remember seeing Frank on April 26?” he was asked by Arnold.

“Yes, I saw him at Montag’s about 10 o’clock that morning.”

“Did you talk with him?”
“Yes, I was at the desk in the office and he came over to speak to me. I asked him of two important orders which had been forwarded and he said that if I would come at 2 o’clock that afternoon he would see about them.”

Mr. Hooper arose to voice an objection on the grounds that the statement was self-serving and that a similar statement made relative to words of Mary Phagan had been ruled out previously by the judge.

After an argument by Mr. Rosser and his colleague, however, Judge Roan ruled that the evidence was admissible and overruled the state.

“Did you go to see Frank?”
“Not that afternoon.”

Dorsey on cross-examination:

“When was it you recalled this talk with Frank?”
“Immediately upon hearing of the tragedy.”

“Did you tell him you would come over that afternoon?”

“No.”

* * *

Atlanta Constitution, August 16th 1913, “Traveling Salesman for Montag’s Tells of Conversation With Frank,” Leo Frank case newspaper article series (Original PDF)

Mother of Frank Takes Stand to Identify Letter Son Wrote

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

Atlanta Constitution
August 16th, 1913

The more or less listless curiosity of the courtroom spectators was scarcely aroused during the afternoon until the last witness was called who was Mrs. Rae Frank of Brooklyn, N. Y. The mother of Leo M. Frank.

Not the slightest intimation had been given that Mrs. Frank would be called to the stand and a whisper of surprise spread over the room as the leaden-eyed mother, weary with the many days through which she has patiently sat and heard every conceivable blight cast at the name of her son slowly ascended the stand.

As she held up her hand to take the oath there was a glimmer of the hope in her eyes that now she might be able to say some word which might help or at least comfort her son.

Mr. Rosser questioned her.

“Are you the mother of Leo Frank?”
“Yes.”

“Where do you live?”
“In Brooklyn.”

“Where did you move from to Brooklyn?”
“New York city.”

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Miss Mary Perk Tells Jurymen She Believes Conley Is Guilty

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Atlanta Constitution
August 16th, 1913

Miss Mary Perk, a forelady in the polishing department of the pencil factory followed Mrs. Carson to the stand.

“Do you know Frank and his general character?” she was asked by Mr. Arnold.

“Yes, for five years.”

“Is it good or bad?”
“Good.”

“Do you know Jim Conley?”

“I saw him Monday. I accused him of the murder and he tucked his head and walked away.”

“Is his character good or bad?”
“Bad.”

Mr. Dorsey on cross-examination.

“You reported your suspicion of Conley to Frank on Monday, didn’t you?”
“No.”

“What made you suspect Jim?”
“He acted like he was guilty.”

“To whom did you first report your suspicion?”
“To Mr. Rosser and Mr. Arnold.”

“Can you explain why you didn’t tell of your suspicion to Frank when you saw he had Pinkerton detectives at work on the case?”
“I just didn’t think it best.”

“Have you ever known of Frank being accused immorality?”
“No.”

“Did you know Mary Phagan?”
“Yes.”

“Ever see Frank go over and call her off to one side?”
“No.”

“Ever see Frank scuffling with her?”
“No.”

“Ever hear of Frank slapping girls?”
“No.”

* * *

Atlanta Constitution, August 16th 1913, “Miss Mary Perk Tells Jurymen She Believes Conley Is Guilty,” Leo Frank case newspaper article series (Original PDF)

Never Saw Any Women in Office of Frank Says Negro Witness

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Atlanta Constitution
August 16th, 1913

Walter Pride, a negro employee in the National Pencil factory, who is named in Jim Conley’s story, was put on the stand in the middle of the afternoon.

“Where do you work on Saturdays?” he was asked by Arnold.

“I work every where anything is to be done on the machinery.”

“Have you missed a single Saturday since May?”
“No.”

“What floors do you work on on Saturdays?”
“From basement to the roof.”

“What do you do on the office floor?”
“Work on the toilets.”

“What time do you generally leave on Saturdays?”
“4:30 o’clock.”

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Leo Frank Innocent, Said Conley, According to a Girl Operator

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Atlanta Constitution
August 16th, 1913

Mrs. Dora Small, a machine operator for the pencil factory, was the last witness of the afternoon session.

“How long have you been working with the factory?” she was asked by Arnold.

“For five years.”

“Did you know Mary Phagan?”
“Only when I saw her.”

“Did you know Jim Conley?”
“Yes, I saw him the week after the murder.”

“Did you see him with newspapers?”
“Yes, he borrowed money from me to get them with.”

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