Author Archives: Chief Curator

Testimony of Dr. Harris Upheld By Noted Stomach Specialists

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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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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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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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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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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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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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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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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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Books and Papers Put in Evidence by the Defense

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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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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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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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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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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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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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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.”

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