Detective Waggoner Describes Extreme Nervousness of Frank

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

Atlanta Constitution
August 3rd, 1913

City Detective D. L. Waggoner was called to the stand following Miss Ferguson Attorney Rosser immediately raised the objection that he had been in the court room and the solicitor declared that he did not know whether or not the detective had Waggoner stated that he was present for about 20 minutes Wednesday.

“He was not sworn and put under the rule,” explained Solicitor Dorsey, “because I did not know that I would need him.”

The defense made no further objection and the examination began.

“How long have you been on the force, Mr. Waggoner?” the solicitor asked.

“About four years, in all.”

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

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

Atlanta Journal
August 2nd, 1913


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


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

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

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

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

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

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