Tag Archives: Leo Frank Trial

Milton Klein, Visitor of Frank, Is Grilled by Solicitor Dorsey

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

Atlanta Constitution
August 15th, 1913

Milton Klein, a wholesale lumber dealer, a frequent visitor of Frank’s while he was in the tower, was the last witness of the day. He was cross-examined at length by Solicitor Dorsey, whose object apparently was to show that it was Klein who prevented the detectives confronting Frank with Jim Conley.

The direct examination of Klein by Attorney Arnold was as follows:

“How long have you known Frank?”
“Ever since he came here.”

“Was his character good or bad?”
“It was good.”

“When was the last time you saw Frank?” asked Solicitor Dorsey on cross-examination. “Did you see him last Thanksgiving day?”
“Yes, sir.”

“Where did you see him?”
“At a dance at the orphan’s home. I also saw him in the afternoon about 6 o’clock of that day.”

“What was the dance for?”
“It was for the benefit of the B’nai B’rith. Frank had charge of the arrangements, and I assisted him.”

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Defense Witness Admit Barrett is Sensible Fellow

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

Atlanta Constitution
August 15th, 1913

Henry Smith, a mechanic in the pencil factory, who admitted on cross-examination that he had received a raise in salary in the past two weeks, went upon the stand to tell of Barrett’s attitude in the case.

“What department do you work in?”
“The metal department.”

“Do you know of a man named Barrett who used to work there?”
“Yes.”

“Ever hear of him getting a reward if Frank was convicted?”
“I’ve heard him talk of it.”

“Did he ever go through the motions of counting money?”
“Yes, he used to go by me and laugh and make motions like counting bills.”

Cross-examination by Hooper.

“This man Barrett was a sensible fellow, wasn’t he?”
Arnold objected, but was overruled.

“Yes.”

* * *

Atlanta Constitution, August 15th 1913, “Defense Witness Admit Barrett is Sensible Fellow,” Leo Frank case newspaper article series (Original PDF)

Elevator Made Loud Noise Said Employee of Pencil Company

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

Atlanta Constitution
August 15th, 1913

Harry Denham, an employee of the National Pencil company, was put on the stand after the Pittsburg man had testified to the character of the defendant.

Denham was asked a number of questions about what happened in the building on the day of the murder and through him the defense made the point that the elevator made a loud noise when it ran. Denham swore that the elevator shook the entire building when it stopped and when it started.

“Were you at the factory on Friday, April 25?” he was first asked.

“Yes.”

“Were you there Saturday, the following day?”
“Yes.”

“What did you do there that day?”
“I worked on the machinery, repairing it.”

Was Using a Hammer.

“What kind of work did you do between 12 and 1?”

“I was using a hammer.”

“How late did you stay there that day?”

“I left about 3:15 o’clock in the afternoon.”

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Frank in Jovial Mood While Poker Game Was Going on at His House on Night of 26th

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

Atlanta Constitution
August 15th, 1913

Mrs. M. Marcus, a relative by marriage of Mrs. Leo M. Frank, was the first witness called at the afternoon session. She was one of the friends of the Franks and Seligs who played cards at their home, 68 East Georgia avenue, on the night of April 26.

She swore Frank acted naturally during all the time that she saw him and that he even got to laughing at a baseball story he was reading in a magazine and tried to break up their poker game by reading it to them.

“Did you see Mr. Frank on April 26, and when?” asked Mr. Arnold.

“I saw him when I went to Mr. Emil Selig’s home to play cards that night. Mr. Frank opened the door.”

“What time did he go to bed?”
“About 10:30 o’clock.”

“Anything unnatural about him?”
“No.”

“Were you in the habit of playing cards there?” asked Attorney Frank A. Hooper, on cross-examination.

“Well, I often went there for a social game.”

“Did you see Frank often?”
“Yes; saw him most every time I went there at night.”

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Two More Character Witnesses Are Introduced 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 15th, 1913

Another character witness was introduced by the defense in Harry E. Lewis, of Brooklyn, N. Y., former neighbor of Frank, and a former assistant to the district attorney.

“Did you ever know Frank?” he was asked by Mr. Arnold.

“Yes, for about twelve years.”

“How?”
“He was my neighbor.”

“Did you know him until he came south? What was his character?”
“Good.”

Cross-examination by Mr. Hooper.

“Have you known him since he came south?”
“No.”

“You may come off.”
The second character witness of the Thursday session was Herbert Lasher, of Fleischman, N. Y., a former college mate of the suspected superintendent.

“Did you know Frank?”
“Yes, I was at Cornell with him.”

“You lived in the same house with him?”
“Yes, and ate at the same table.”

“What was his character?”
“Good.”

Cross-examination.

“Have you known him since he left Cornell?”
“Yes, I corresponded with him for two years.”

“What would not show in his character, would it?”
“No.”

“You may come down.”

* * *

Atlanta Constitution, August 15th 1913, “Two More Character Witnesses Are Introduced by the Defense,” Leo Frank case newspaper article series (Original PDF)

Wife and Mother of Frank Are Permitted to Remain in Court

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

Atlanta Constitution
August 15th, 1913

At the opening of the morning session yesterday Solicitor Dorsey motioned for the court to exclude the wife and mother of Leo M. Frank, Mrs. Lucille Frank and Mrs. Rae Frank, on account of the sensational outburst of the mother Wednesday afternoon, when she denounced the solicitor for attacking the character of her son.

In reply to the solicitor’s move to have the mother and wife of the defendant excluded from the court room, Attorney Arnold made a strong speech in their behalf, saying:

“It is a new doctrine to me where a wife and mother of the defendant cannot sit in court with him in the hour of his trial. I promise there will be no more outbreaks in court. Mrs. Frank, his wife, has sat through the trial, quietly and orderly. My friend’s conduct, I would think (meaning Dorsey) was a little more culpable than that of the mother’s. A man, even though he represent the prosecution, is not entitled to just do anything he pleases. It appears to me as though he were injecting these vile, filthy questions and innuendoes, merely for the purpose of inflaming the jury.”

The solicitor said:

“The defense has put the defendant’s character into evidence. I did not ask a witness a single question which I cannot uphold by plenty of evidence and testimony, including the statements of worthy girls and women. I submit that it is in absolute good faith that I am asking these questions. It is a mistaken idea that I am overly zealous in this case. I am only doing my duty as prosecuting attorney. It is unfair to exclude all over women and then to admit the defendant’s wife and mother and when I am doing my duty, to have them rail out at me.”

Judge Roan ruled that the two women could remain in the court room, but stated that any more such outbreaks would mean their prompt exclusion.

Wanted Questions Ruled Out.

Following this argument, Attorney Rosser made a motion to rule out certain questions and answers which Dorsey had put on cross-examination to witnesses for the defense, which questions pertained to the unsavory reports over which there have been many legal battles during the trial. He was overruled.

* * *

Atlanta Constitution, August 15th 1913, “Wife and Mother of Frank are Permitted to Remain in Court,” Leo Frank case newspaper article series (Original PDF)

Sig Montag Tells of Employment Of Detectives and Two Lawyers

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

Atlanta Constitution
August 15th, 1913

Sig Montag, president of the National Pencil company and associate in Montag Brothers, was put on the stand at the close of the morning session. He testified that during part of the time named by Jim Conley in the dates at which he swears he watched for Frank on the first floor the Clark Woodenware offices occupied that portion of the factory building.

He was examined by Mr. Rosser.

“What was your connection with the pencil factory from May last?”
“First secretary and treasurer, then president.”

“How often did Frank come to your office?”
“Once a day except on Sundays.”

“Did you see him on April 26?”
“Yes.”

“What time did he come to your office?”
“About 10 o’clock that morning.”

“Who occupied the first floor up to a year ago?”
“The offices of the Clark Woodenware company.”

“Where were their offices?”
“Right up front.”

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Factory Mechanic Tells of Blood on Floor From Man’s Wounded Hand

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

Atlanta Constitution
August 15th, 1913

Charley Lee, a mechanic in the pencil factory, who admitted on cross-examination that he had received a raise in salary within the past two weeks, was called to testify to a number of accidents on the second floor from which blood had been spilled in vicinity of the dressing rooms where blood spots were found after the tragedy.

“Do you remember an accident in the metal room on October 4, 1912?”
“Yes, a man named Duffy was cut on the finger and bled freely.”

“Was his finger cut to the bone?”
“Yes.”

“Did he go to the ladies’ dressing room while his finger was bleeding?”
“Yes.”

Solicitor Dorsey on cross-examination.

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Women Tell of Seeing Frank On Way to and From Factory On Day That Girl Was Murdered

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

Atlanta Constitution
August 15th, 1913

The first of a chain of witnesses who were produced to prove Frank’s movements during the time he left the pencil factory for dinner was Miss Helen K. Curran, a pretty stenographer, who stated that she met him at Jacobs’ pharmacy on Whitehall street and Alabama.

She was questioned by Mr. Arnold.

“Where were you on April 26?”
“A little after 1 o’clock I was standing at Jacobs’ drug store at Whitehall and Alabama streets. It was about 2:05 o’clock.”

“Did you see Frank?”

“I had been standing for five minutes on the corner when I turned around and saw him standing against the wall.”

“What time was it?”

“About 10 minutes after one.”

Father Works for Montag.

Hooper began cross-examination.

“Your father works for Montag?”
“Yes.”

“There was a big crowd on the streets on the 26th, wasn’t there?”
“Yes.”

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Cars Often Ahead of Schedule Declares a Street Car Man

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

Atlanta Constitution
August 15th, 1913

Following Denham, J. R. Leach, a division superintendent for the Georgia Railway and Power company, took the stand. He was asked a number of questions by the defense about street car schedules, and on cross-examination proved a good witness for the prosecution by declaring that street cars frequently arrived in town some minutes ahead of their schedule and that the motorman and conductors were often punished for this. W. M. Mathews and W. T. Hollis who swore to bringing Mary Phagan to town on the day of the murder had declared that cars never reached town ahead of their schedules.

“Do you know the schedules of the street cars?” Mr. Arnold asked after the usual questions to show the jury who the witness was.

“Yes.”

“Do you know the schedules of the Georgia avenue and the Washington street lines?”
“Yes.”

Time to Cross Bridge.

He then told that both the lines cross the Broad street bridge and also pass the corner of Whitehall and Alabama streets.

“How long does it take a car to go from Broad and Marietta to Whitehall and Alabama?”
“It takes about three minutes if the streets are congested and about two minutes if there is no congestion.”

“If a man boards either car at Whitehall and Alabama streets, how long does it take to get to Washington street and Georgia avenue?”
“About ten minutes.”

“How long does it take the Washington street car to come from Glenn street to Whitehall and Alabama?”
“I should say ten minutes.”

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Character of Frank Good, So Many Witnesses Declare

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

Atlanta Constitution
August 15th, 1913

R. A. Sohn, superintendent of the Jewish Orphans home, was called to testify on Frank’s behalf.

The witness said that his residence was at No. 408 Washington street. He said that he has known Frank a good many years and that his character was good.

He was excused without undergoing cross-examination by Solicitor Dorsey.

Alex Dittler, secretary of the Jewish Alliance and an officer of the Federation of Jewish societies, also testified to Frank’s good character.

The witness said that he has been a resident of Atlanta more than thirty-eight years. He was deputy city marshal under Marshal Humphrey and occupied the position of acting recorder of deeds in the clerk’s office of the superior court many years ago.

I have known Frank since he came to Atlanta and know his character to be good.

Arthur Heyman, a member of the law firm of Dorsey, Brewster, Howell & Heyman, took the stand.

“How long have you known Frank?” asked Attorney Arnold.

“About three years.”

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Miss Eva May Flowers Did Not See Any Blood on Factory Floor

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

Atlanta Constitution
August 15th, 1913

Miss Eula May Flowers, an employee of the National Pencil factory, was put on the stand following the two Cornell professors.

“Were you at the factory on April 26?” asked Mr. Arnold.

“Yes.”

“What department are you in?”
“The packing department.”

“Who got the data and when from you for the financial sheet made up on April 26?”
“Mr. Schiff got it from me about 6 o’clock Friday afternoon.”

“You say you always turned in your report on Friday afternoons?” asked Attorney Hooper, who took up the cross-examination.

“Yes,” the witness replied, “either on Friday afternoons or early Saturday mornings.”

“Were you there Saturday at all?’
“No.”

“What did you say was your particular department?”
“The packing department.”

“Did you see any blood on the floor following the day of the murder?”
“No.”

Miss Flowers was excused.

* * *

Atlanta Constitution, August 15th 1913, “Miss Eva May Flowers Did Not See Any Blood on Factory Floor,” Leo Frank case newspaper article series (Original PDF)

Frank Not Nervous on Night Of Murder Says Mrs. Ursenbach

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

Atlanta Constitution
August 15th, 1913

Mrs. Charles F. Ursenbach followed her husband on the stand. During the cross-examination by Attorney Hooper she was asked scores of detailer questions about the words and manner of Leo Frank on the Sunday that the body was found.

“What is your relation to Mrs. Leo Frank?” asked Mr. Arnold.

“I am her sister.”

“Did you hear about the message from Mr. Frank saying he could not go to the ball game with your husband that Saturday?”
“Yes, I got it from the servant.”

“At what time?”

“At about 12:30.”

“Did you see Frank on Sunday?”

“Yes.”

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Pittsburg Witness Tells of Frank’s Standing in School

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

Atlanta Constitution
August 15th, 1913

John W. Todd, of Pittsburg, PA., purchasing agent for the Crucible Steel company, who was with Frank at Cornell university, followed Mrs. Emil Selig to the stand.

He was asked if he knew the general character of Frank while at college and replied that he did and that it was good. He was let off with no cross-examination and went over and shook hands with the defendant and his wife and mother. He then passed by the press table and shook hands with a newspaper man who formerly worked in Pittsburg. After staying a while and listening to the testimony of other witnesses and making queries about Jim Conley, Mr. Todd left the court room.

* * *

Atlanta Constitution, August 15th 1913, “Pittsburg Witness Tells of Frank’s Standing in School,” Leo Frank case newspaper article series (Original PDF)

Factory Forewoman Swears Conley Said He Was Drunk on April 26

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

Atlanta Constitution
August 15th, 1913

Miss Rebecca Carson, a forewoman in the pencil factory, who made the startling statement that Jim Conley had admitted to her that he was drunk on the Saturday of the murder was put on the stand.

“Did you see Leo Frank at any time on April 26?”

“Yes, I saw him on Whitehall street near Hunter between 2:20 o’clock and 2:25.”

“Did you speak to him?”
“Yes.”

“Did you come to the factory Monday morning following the murder?”
“Yes.”

“Did you see Frank?”
“Yes.”

“Jim Conley?”
“Yes.”

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Sister of Mrs. Leo M. Frank Tells Jury About Card Game

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

Atlanta Constitution
August 15th, 1913

Mrs. A. Marcus, a sister of Mrs. Leo Frank, followed Mrs. C. F. Ursenbach, another sister. She was among those who played cards at the Selig home on April 26.

“Did Frank and his wife play cards with the rest?” Mr. Arnold asked.

“No.”

“Where were they?”
“Mr. Frank sat in the hall reading and his wife was in and out of the room.”

“What time did they go to bed?”
“Something after 10 o’clock.”

“Was Frank nervous?”
“No.”

“Anything unusual about him?”
“No.”

“You say Frank sat in the hall reading, did you?” asked Attorney Hooper on cross-examination.

“Yes,” the witness replied.

“He broke up the poker game, didn’t he?”
“No.”

Mrs. Marcus was then excused.

* * *

Atlanta Constitution, August 15th 1913, “Sister of Mrs. Leo M. Frank Tells Jury About Card Game,” Leo Frank case newspaper article series (Original PDF)

Mother-in-Law of Frank Denies Charges in Cook’s Affidavit

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

Atlanta Constitution
August 15th, 1913

Following the testimony of those who claimed to have played poker at the Emil Selig home on the night of April 26, Mrs. Selig, Leo Frank’s mother-in-law was placed on the stand and asked a number of questions about the happenings at her house on Sunday, April 27. To most of the questions from the state on cross-examination she replied that she had forgotten.

When the witness took the stand, Attorney Arnold called on the state for the affidavit which Minola McKnight, the Selig’s cook, signed at police station and later repudiated.

“Mrs. Selig,” said Mr. Arnold, “I wanted to ask you some questions about statements in this affidavit and find out if they are true.

“Is it true that there was talk in your home about the time of the murder? Leo Frank being caught with a girl at the factory and that the negro cook asked if it was a Jew girl or a Gentile and you or Mrs. Frank said it was a Gentile?”

“It is not true, there was no such conversation that I know of.”

Mrs. Selig was almost crying at this juncture of her testimony.

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Many Men Swear to Good Character of Superintendent of Pencil Factory

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

Atlanta Constitution
August 15th, 1913

Classmates and Instructors at Cornell Come to Atlanta to Testify to His Clean Life While at College and to Show Their Loyalty to Old College Friend.

DORSEY ASKS REMOVAL OF LEO FRANK’S MOTHER AND WIFE FROM COURT

Judge Warns Them That Another Scene Like That of Wednesday, When Mrs. Rae Frank Denounced Solicitor, Will Result in Barring Them—Leach Proves Good Witness for the State Although Called to Testify by Defense

More witnesses were examined Thursday than on any day since the trial of Leo M. Frank began.

However, there was little adduced from the testimony that was of striking interest or that savored of the dramatic.

For the most part the day was taken up with character witnesses—men who have known Frank for years and who have volunteered to swear to his good character.

The only incident of the day that was in any way dramatic came at the morning session, when Solicitor Dorsey asked that Mrs. Rae Frank and Mrs. Leo Frank, mother and wife of the defendant, be removed from the court room. This was the result of the passionate outburst of Mrs. Rae Frank the day previous. Judge Roan gave warning that there must be no more such demonstrations.

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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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Testimony of Girls Help to Leo M. Frank

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

Atlanta Georgian
August 15th, 1913

In the presentation of its alibi for Leo M. Frank, the defense probably accomplished more Thursday than it had in all of previous time since the prosecution rested its case. Frank’s lawyers had promised that they would show where Frank was practically every minute on the day the murder of little Mary Phagan was committed and would demonstrate that it would have been impossible to carry out the disposal of the slain girl’s body and the writing of the notes as the negro, Jim Conley, described them.

If their alibi witnesses are to be believed, the lawyers appear to have fairly well accomplished this. On the credibility of one young witness, pretty Helen Curran, of No. 160 Ashby street, the whole alibi may stand or fall. She could, of course, be proved mistaken in her statement that she saw Frank at 1:10 o’clock standing at Jacobs’ Pharmacy, Whitehall and Alabama streets, awaiting a car home from the factory on the afternoon of the murder, and the remainder of the alibi witnesses remain unimpeached, but it would serve to weaken the alibi materially.

Apparently Disinterested.

She is at once the most important and the most disinterested of the witnesses who have testified to seeing Frank immediately after the State says the crime was committed. If Frank was at Whitehall and Alabama streets at 1:10 o’clock, it would have been almost beyond human possibility for him to have taken part in the disposal of the girl’s body, which Conley said was undertaken at 12:55 and finished about 1:30, together with the writing of the notes in Frank’s office.

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