Author Archives: Chief Curator

Saw Mary Phagan on Her Way To Pencil Factory, Says McCoy

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

Atlanta Constitution
August 20th, 1913

M. E. McCoy, of Bolton, who stated that he worked part of the time as a painter and part as a farmer, was put on the stand after McEwen, the motorman. He swore that he saw Mary Phagan on Forsyth street going to the National Pencil factory at a very few minutes after the noon hour of the day she was killed.

Before he had left the stand the defense had made a bitter but unsuccessful effort to break him down and confuse him and Attorney Rosser had asked him something like a hundred questions about the days before he saw the girl.

“Did you know Mary Phagan?” asked Dorsey.

“Yes.”

“Did you see her on April 26, Iast?”

“Yes.”

“Where?”

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Sideboard in Leo Frank’s Home Moved, Asserts Husband of Cook

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

Atlanta Constitution
August 20th, 1913

Albert McKnight, husband of Minola McKnight, the negro cook for the family of Emil Selig, with whom Leo Frank and his wife made their home, was introduced to the stand following E. H. Pickett.

Mr. Hooper drew from the negro the statement that since the day he stood in the kitchen door and saw Leo Frank’s reflection in the dining room sideboard glass that the sideboard had been moved.

The negro was made to go over a blue print diagram of the Selig home and show what he claimed was the location of the sideboard on the day of the murder and at the time he claims he saw that Frank ate po dinner and remained only a few minutes at the dinner table.

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Witness Swears He Saw Frank Forcing Unwelcome Attentions Upon the Little Phagan Girl

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

Atlanta Constitution
August 20th, 1913

The most sensational testimony of the entire morning session was produced when Willie Turner, a young farmer of Sandy Springs, Georgia, an ex-employee of the pencil factory, was called by the prosecution.

He testified that Frank knew Mary Phagan, and that on one occasion he had seen the superintendent and the victim in the metal room, when the girl was striving to get away from him and return to her work.

He was questioned directly by the solicitor.

“Where did you work in March, 1913?”

“National Pencil factory.”

“Did you know Leo Frank?”

“Yes, sir.”

“Did you know Mary Phagan?”

“Yes, sir.”

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Frank Hooper Opens Argument In Leo Frank Case This Morning

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

Atlanta Constitution
August 21st, 1913

The opening argument in the Frank trial will be made at 9 o’clock this morning by Attorney Frank B. Hooper, associate counsel for the defense.

Two hours probably will be occupied by each man in the closing arguments. Judge Roan, in a short talk to the attorneys for each side, cautioned them against long argument, and insisted that each man dwell only on the facts of the case and the evidence.

No time limit was set, although the prediction is widespread that no more than two hours will be occupied by each man.

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Frank A. Hooper’s Closing Arguments: https://leofrank.info/trial-and-evidence/prosecution/mr-hooper/

Audiobook of Hooper’s Closing Arguments: https://leofrank.info/new-audio-book-the-american-mercury-on-leo-frank-hoopers-closing-arguments/

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Atlanta Constitution, August 21st 1913, “Frank Hooper Opens Argument in Leo Frank Case This Morning,” Leo Frank case newspaper article series (Original PDF)

Girls Testify to Seeing Frank Talking to Little Mary Phagan With His Hands on Her Person

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

Atlanta Constitution
August 21st, 1913

The evidence brought out on Tuesday that Frank had frequently been seen talking to Mary Phagan and that while so doing had placed his hands upon her person, was corroborated by several witnesses on Wednesday.

The first of these corroborative statements came when Miss Ruth Robinson was called to the stand by Dorsey.

She testified that she had worked at the National Pencil factory and knew both Frank and Mary Phagan.

“Have you ever seen Frank talking to Mary Phagan?” asked Dorsey.

“Yes.”

“What did he talk to her about?”

“About her work.”

“When did he talk to her?”

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Leo Frank Takes Stand Again Despite Objection of Dorsey

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

Atlanta Constitution
August 21st, 1913

In concluding the defense’s case Attorney Arnold stated to the court that there were two or three matters which had developed to which he considered the defendant had a right to make a statement in rebuttal.

A protest was made by the solicitor, but was overruled.

Frank took the stand following the judge’s decision. He was more vehement in tone than on the day of his statement, but was brief, concise and straight to the point. Ha occupied the chair only a few moments.

“The statement of the Turner boy,” he said, looking at the jury, “is utterly false. The girls who say they saw me talking to Miss Phagan and that I called her ‘Mary’ are mistaken. It is completely false that I went into a dressing room with Miss Carson. She is a lady of unblemished character so far as I know.”

With which he resumed his seat.

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Atlanta Constitution, August 21st 1913, “Leo Frank Takes Stand Again Despite Objection of Dorsey,” Leo Frank case newspaper article series (Original PDF)

Railway Employee Swears Car Reached Center of City at 12:03

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

Atlanta Constitution
August 21st, 1913

Several employees of the Georgia Railway and Power company were introduced by the prosecution Wednesday to testify as to the time of the arrival of the English avenue street car at Broad and Marietta streets on the day of the murder and to the fact that cars occasionally did arrive ahead of time.

A witness was also introduced to show that Mary Phagan was not on the English avenue car after it turned into Broad street from Marietta, although the men in charge of the car had testified that she got off the car at Broad and Hunter streets. He stated that the car arrived at Broad and Marietta streets at 12:03 o’clock.

Henry A. Hoffman, an inspector for the Georgia Railway and Power company, testified that while he did not know the time of the arrival of the car that Mary Phagan was on on the day of the murder, he did know that the same car on other occasions had come in ahead of scheduled time.

Motorman Mathews of the English avenue car, hand testified that the car was due to arrive at Broad and Marietta streets at 12:07½. Inspector Hoffman testified that there was no such schedule and that the car was due to arrive at 12:07 sharp.

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Testimony of Dr. Harris Upheld By Noted Stomach Specialists

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

Atlanta Constitution
August 21st, 1913

Dr. Clarence Johnson, when called to the stand Wednesday morning as the first witness, designated the deductions of Dr. H. T. Harris in regard to the time of Mary Phagan’s death after eating as scientific statements based on scientific facts.

When recalled to the stand Dr. Johnson, who is a noted stomach specialist, and who testified on Tuesday afternoon, was asked the direct question about what he would conclude from conditions such as Dr. Harris had reported finding in Mary Phagan’s body. He said he would say the girl had died within an hour after eating.

It was not until Solicitor Hugh Dorsey had made a bitter fight that Judge L. S. Roan allowed him to ask Dr. Johnson the particular question which bolstered up Dr. Harris, and when the trial judge granted it he stated that it was not a right of the state’s, but that the matter was at his discretion, and that he was giving the solicitor the benefit of it.

The defense claimed that to allow Dr. Johnson to tell what he thought of the Harris deductions would be to open the entire matter, and the solicitor declared that he had the right to reply to the attack the defense had made on Dr. Harris.

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Testimony of Hollis Assailed by Witness

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

Atlanta Constitution
August 21st, 1913

J. B. Reed, a tilelayer, told of a talk with W. T. Hollis, a conductor, who, he declared, had expressed sorrow at having brought Mary Phagan into town on her last trip, the day she was slain. Hollis, just previously, had denied making such a statement.

“Do you know W. T. Hollis,” the solicitor asked the witness.

“Yes.”

“Ever talk with him about Mary Phagan riding his car into town?”

“Yes, on Monday following the murder. I got on his car at Broad and Hunter streets, and he told me that it made him feel sad to think that he was the last man to bring her into town on the day she was killed. He said a boy named Epps had got on the car and had ridden into town with her.”

He was not put under cross-examination.

HE SAW DALTON ENTER FACTORY WITH WOMEN

A mild sensation was sprung in the courtroom when D. B. Maynard, a salesman for the Swift company, went to the stand, testifying that he had seen C. B. Dalton go into the pencil plant on Saturday afternoons with women.

“When did you see Dalton go into the factory with a woman?” he was asked by Dorsey.

“In July, 1912, on Saturday afternoon,” was his reply.

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Atlanta Constitution, August 21st 1913, “Testimony of Hollis Assailed by Witness,” Leo Frank case newspaper article series (Original PDF)

Starnes Tells How Affidavit From Negro Cook Was Secured

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

Atlanta Constitution
August 21st, 1913

John Starnes, prosecutor of Leo Frank, was put up to tell about the Minola McKnight affidavit.

“Did you Investigate the scuttle hole around the elevator? was Dorsey’s first question.

An objection by the defense was overruled.

“See any blood spots there?

“No.”

“Now, tell the jury about the Minola McKnight affidavit.”

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Swears That Frank Prepared Sheets in Less Than Two Hours

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

Atlanta Constitution
August 21st, 1913

J. M. Gantt, who has been an important figure in the state’s case, was called during the afternoon to testify to the length of time in which he has seen Frank make out the financial sheet and to the inaccuracy of the ‘punch-clock on the second floor.

“Did you ever see Frank make out the financial sheet?” Mr. Dorsey put.

“Yes.”

“How long did it take him to make it?”

“With the data at hand, I have seen him make it out in an hour and a half.”

“About this punch-clock-—was it accurate?”

“No.”

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Girls Testify to Seeing Frank Enter Dressing Room With Woman

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

Atlanta Constitution
August 21st, 1913

Following the introduction of the telegram Solicitor Hugh Dorsey began another attack on the character of Leo Frank and after a bitter wrangle secured the right to ask factory girls in regard to Frank’s character in his relations to women.

This was argued with the jury excused from the room and was the subject of a bitter fight, the state saying that when Frank on the stand had claimed himself to have always lived a virtuous life, he had opened up the way for the state to prove he was not of a virtuous character.

Judge Roan had already ruled that the state could not introduce witnesses said by the solicitor to be prepared to swear that Frank had made improper proposals to them and that this was about the same thing. Solicitor Dorsey argued that it was not and finally got the ruling in his favor. The defense entered a formal protest and had it go on record.

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Frank’s Character Bad Declare Many Women and Girls on Stand

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

Atlanta Constitution
August 21st, 1913

Solicitor Dorsey makes a persistent effort Wednesday morning to show that the character of Leo Frank is anything but good. Ha laid particular stress upon his character as to his relations with women and girls, and introduced a large number of women who testified that in this respect his character was in their judgment bad.

Among those who testified merely that his character was bad without going into details were:

Mrs. Marion Dunnigan, who stated that she worked at the pencil factory two or three weeks about two years ago. She testified that Frank’s character was bad, but she did not know about the lascivious part of it.

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Juror’s Story of How Evidence Was Weighed and Verdict Reached

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Atlanta Georgian
August 27th, 1913

The Georgian today reveals some of the innermost secrets of the jury that convicted Leo M. Frank of the murder of little Mary Phagan. This inside story of the greatest criminal case in the South’s history is an intensely interesting revelation of the workings of men’s minds.

It casts upon the various points made by the defense and the prosecution the light in which they were viewed by the twelve men who were chosen to act as the judges. It ends with the last memorable meeting of these men on the top floor of the courthouse Monday afternoon which culminated in the fateful verdict: “We the jury find the defendant guilty.”

The information is given herewith as it was obtained by a reporter for this newspaper from one of the jurors late Monday night while the full weight of his grim burden still rested upon him. It is told in his own, impressive words.

“It was the only thing we could do. The evidence was against Frank from start to finish. And so we did our duty, as we had sworn to do.”

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I’m as Innocent as I Was A Year Ago,’ Asserts Frank

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Atlanta Georgian
August 27th, 1913

Just four months after the murder of Mary Phagan, Leo M. Frank stands convicted of the slaying of the slaying of the 13-year-old girl in the National Pencil factory.

No recommendation for life imprisonment was made by the jurors, this circumstance making it imperative, according to the charge by Judge L. S. Roan, that a sentence of death by hanging be passed upon him. Judge Roan declined to say Tuesday the exact time when he would pass sentence.

Neither the prisoner, his relatives, friends nor any of his counsel appeared in the courtroom when the dread verdict was rendered. The sole representative of the defendant was Stiles Hopkins, a member of the firm of Rosser, Brandon, Sigton & Phillips, who was designated present and waive for Attorneys Rosser and Arnold the presence of the prisoner. A motion for a new trial will be made by Rosser and Arnold.

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Fight Begun To Save Frank

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

Atlanta Georgian
August 27th, 1913

Motion For New Trial Follows Death Sentence

PRISONER MUST HANG OCT. 10, JUDGE RULES; INNOCENT, HE REPEATS

Almost before the dread verdict of “guilty” had ceased ringing in his ears, Leo M. Frank, convicted of slaying Mary Phagan, heard Tuesday the still more terrible words, “sentenced to hang by the neck until dead,” before the echo of his own words, “I am innocent” had died away.

Frank will pay the penalty for the murder of Mary Phagan, which the jury Monday agreed he had committed on October 10, unless the efforts of his two lawyers, who already have started a new fight for his life, are successful in postponing the execution or ultimately in cleaning their client. There is little doubt that the execution will be put off, as an appeal will act as a stay.

The sentence had hardly been pronounced by Judge L. S. Roan at 10:40 o’clock Tuesday morning in his courtroom in the Thrower building before Attorney Reuben Arnold was on his feet to make a motion for a new trial.

Judge Roan said that he would set October 4 as the date for hearing the arguments on the motion. It is known that Solicitor Dorsey is most vigorously opposed to any movement looking toward the reopening of the case. He asserted repeatedly during the last days of the trial that the claim of the defense that Frank was not receiving a fair trial was ridiculous on its face.

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Reply Made To Frank’s Attack

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

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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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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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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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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