In Dramatic Phrases Hooper Outlines Events Leading Up to and Following Death of Girl

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

Atlanta Constitution
August 22nd, 1913

“Your honor, and gentlemen of the jury.” spoke Mr. Hooper, the first of the attorneys to address the court, “the object of this trial, as well as all other trials, is the ascertainment of truth and the attainments of justice. In the beginning, I want to have It understood that we are not seeking a verdict of guilty against the defendant unless he is guilty.”

“The burden of guilt is upon our shoulders—we confront the undertaking of putting It upon his. We recognize that it must be done beyond a reasonable doubt, and that it must be purely by the evidence which we produced before you.”

“We have cheerfully assumed this burden. We have cheerfully undertaken this task, but, there is not a single man on the prosecution who would harm a hair of the defendant’s head wrongfully. We want him given the same measure of justice that should be meted to all classes of defendants. He is entitled, though, to the same degree of law as any other prisoner.”

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Clashes Between Lawyers Mark Effort to Impeach Negro Cook

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

Atlanta Constitution
August 20th, 1913

E. H. Pickett, an employee of the Beck & Gregg Hardware company, and the man mentioned by Roy Craven on the witness stand, was next put up as a witness for the state.

He corroborated what Craven said and through him the state made an open fight to impeach Minola McKnight and also to contradict Mrs. Emil Selig, who, on cross-examination, denied the conversation she is said to have had with the cook in urging her to keep quiet about what she had seen at the Frank home.

“Were you present when this affidavit of Minola McKnight was signed?” asked Mr. Dorsey.

“Yes!”

“Who signed it?“

“Minola McKnight.”

“Did you talk to her before she signed it?”

“Who was present before she signed it?”

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Chronological Table of Frank’s Actions on Day of Murder

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

Atlanta Constitution
August 22nd, 1913

This is the chronological table of Frank’s actions on the date of the murder which was displayed in chart form yesterday afternoon during Attorney Arnold’s speech:

 7:30 a.m.—Minola McKnight.

8:26 a.m.—Frank arrives at factory. Sees Holloway, Alonzo Mann and Roy Irby.

9:00 a.m.–Darley, Wade Campbell, Mr. Lime, Mattie Smith.

9:20 a.m.—Miss Mattie Smith leaves building.

9:40 a.m.—Darley and Frank leave building.

10:00 a.m.—Telephones Schiff to come to office.

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Frank Ends Statement After Testifying Four Hours

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

Atlanta Constitution
August 19th, 1913

“I’VE TOLD THE WHOLE TRUTH” SAYS PRISONER CONCLUDING DRAMATIC STORY TO THE JURY

Discussing Much-Fought-Over Point of His Alleged Nervousness on the Morning of the Murder, Superintendent Admits It Freely. Declaring That Any Man in His Place Would Have Been Similarly Affected—Speaks Bitterly of His Treatment by Members of Detective Force, and Says That One Reason Why He Would Not Consent to Meet Conley Was That the Officers Would Have Distorted His Words.

MOTHER AND WIFE OF DEFENDANT EMBRACE HIM WHEN HE LEAVES STAND

Declares Story of Conley Was a Lie From Beginning to End, and Denies Charge of Miss Jackson That He Ever Locked Into Dressing Room of Girl Employees—-He Tells of Mary Phagan Coming to Office to Get Her Pay Envelope Shortly After Noon on April 26. Says That He Gave Detectives Clue That Conley Could Write, Which Led to Arrest of Negro Sweeper—No Fund Raised for His Defense, He Asserts.

“Some newspaper man has called me “The Silent Man in the Tower.’ Gentlemen, this is the time and here is the place! I have told you the truth, the whole truth and nothing but the truth!”

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Frank’s Character is Testified to by Long List of Girls

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

Atlanta Constitution
August 19th, 1913

Numbers of girls and women, either now employed or formerly employed at the National Pencil factory, were placed on the stand Monday by the defense to swear to the good character of Superintendent Leo M. Frank.

The following, 21 in all, declared Frank’s character good: Miss M. E. Fleming, Miss Annie Howell, Miss Lillie May Goodman, Miss Cora Cowan, Miss Jimmy Mayfield, Miss B. D. Smith, Miss Lizzie Ward, Miss Ida Holmes, Miss Willie Hatcher, Miss Mary Hatcher, Miss Olive Johns, Mrs. Georgia Denham, Miss Bessie White, Mrs. Lizzie Florence, Miss Jennie Spivey, Mrs. Minnie Smith, Miss Grace Atherton, Miss Martha McCord, Miss Lena McMurtry, and Mrs. W. R. Johnson.

Mrs. Mary Bolton, Miss Velvie Holland and Miss Ethel Barber declared that they did not know anything about Frank’s character.

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Harlee Branch Tells of Conley Pantomine

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

Atlanta Constitution
August 19th, 1913

Harlee Branch, a newspaper man who was present when James Conley, the negro sweeper of the National Pencil factory, went through for the police a pantomime of what he claims occurred on the day of the murder when he says he aided Leo Frank in hiding the body of Mary Phagan, was the first witness called lo the stand Monday morning.

Mr. Branch had been on the stand Saturday, but had not finished his testimony when court adjourned. Through his statements as to the time, Attorney Reuben Arnold drew the conclusion that 49 minutes must have elapsed while Conley was enacting the motions through which he calms lo have gone with Frank.

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Atlanta Constitution, August 19th 1913, “Harlee Branch Tells of Conley Pantomine,” Leo Frank case newspaper article series (Original PDF)

Mrs. Wardlaw Denies Ever Seeing Frank on Car With Little Girl

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

Atlanta Constitution
August 19th, 1913

When Mrs. J. G. Wardlaw, a bride of three weeks, who was Miss Lula McDonald, recently worked at the National Pencil factory, was on the stand, Solicitor Hugh Dorsey sought to draw from her the statement that she knew that on the Saturday previous to Mary Phagan’s murder that Leo Frank had carried a little girl out on the Hapeville car line and tried to get her to leave the car with him at various stops.

He also tried to get the witness to say that she knew that on his occasion H. M. Baker and Herndon Stanton, the street car men in charge of the car, had noted the man’s actions.

Mrs. Wardlaw declared she had no knowledge of anything like that and she declared that she had never even heard of any immoral or improper actions on the part of Frank. She was then excused.

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Atlanta Constitution, August 19th 1913, “Mrs. Wardlaw Denies Ever Seeing Frank on Car With Little Girl,” Leo Frank case newspaper article series (Original PDF)

Arnold Ridicules Plot Alleged by Prosecution And Attacks the Methods Used by Detective

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

Atlanta Constitution
August 22nd, 1913

When Attorney Frank A. Hooper had made the opening speech of the prosecution, Attorney Reuben R. Arnold prepared for the first speech of the defense. It had been announced that he would review the entire history of the case and when he started at noon the pasteboard model of the pencil factory was brought In.

A large diagram giving a synopsis of the case was also brought in, but was not unwrapped when Mr. Arnold first started, “Gentlemen of the fury, we are all to be congratulated that this case is drawing to a close,” Mr. Arnold began in a quiet voice as though addressing several friends on an everyday subject.

“We have all suffered here from trying a long and complicated case at the heated term of the year. It’s been a case that has taken as much effort and so much concentration and so much time, and the quarters here are so poor.

Particularly hard on you members of the jury who are practically in custody while the case is going on.

“I know it’s hard on a jury to be kept confined this way, but it is necessary that they be segregated and set apart where they will get no impression at home nor on the street.

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Denies He Said He Was Willing To Lead Party to Lynch Frank

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

Atlanta Constitution
August 20th, 1913

George Kenley, a street car motorman, was put on the stand after M. F. McCoy, and on cross-examination Attorney Rosser tried to draw from him the statements that he had vilified Leo Frank to such an extent that he had made himself a nuisance to passengers on his car, and that he had repeatedly said he would be willing to head a party to lynch Frank.

Kenley was put up by the state and swore that he saw Mary Phagan on Forsyth street near the bridge, and that she was on her way to the factory. He said it was a few minutes after noon, but that he could not be positive. Ha was subjected to a grilling oven more severe than given in McCoy.

After he had testified to seeing the girl he was turned over to the tender mercies of Mr. Rosser.

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Dr. Clarence Johnson Is Called To Corroborate Dr. Roy Harris

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

Atlanta Constitution
August 20th, 1913

Dr. Clarence Johnson, a well-known specialist, who was put up by the prosecution in rebuttal of the testimony offered by the defense in attacking that of Dr. Roy Harris, was the final witness during the afternoon session.

His testimony was stopped in the middle of its narration in order to give the solicitor time to investigate authorities on a medical subject on which Mr. Dorsey was questioning the witness at the time a discussion arose between the prosecution and defense.

“What is your business?” he was asked by the solicitor.

“I am a practitioner of medicine, with a specialty of stomach diseases.”

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

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

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

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

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

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

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

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

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

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

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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