Author Archives: Chief Curator

C. B. Dalton’s Character Shown Up by Frank Defense; Four Witnesses Swear They Would Not Believe His Oath

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Atlanta Journal
August 12th, 1913

DALTON ADMITS HE SERVED A CHAINGANG SENTENCE FOR THEFT OF A “SHOP HAMMER”

Miss Hattie Hall Swears She Was In Frank’s Office Between 11 and 12 o’Clock and That Superintendent Did No Work on Finance Sheet During This Hour—Her Testimony Different In This Respect From What She Swore at Inquest

MRS. WHITE’S BROTHER GIVES DIFFERENT VERSION OF STORY ABOUT SEEING NEGRO LURKING IN FACTORY

Solicitor Dorsey Puts Wade Campbell Through Severe Cross Examination, Calling Attention to Discrepancies In His Testimony and Signed Statement Given to the Solicitor, Frank’s Movements on Day of Tragedy to Be Proved

Decidedly the feature of the Tuesday morning session of the trial of Leo M. Frank, charged with the murder of Mary Phagan, was the successful attack made by the defense on the credibility of C. B. Dalton, who had previously testified for the state.

Dalton was recalled to the stand by the defense and by his own admissions, it was shown that he had served a chaingang sentence in Walton county in 1884 for theft; that he was indicted in 1899 for stealing baled cotton, for which he received, to quote his own language, “one-forty-one-eighty;” and that he “hade come clear of stealing corn in Gwinnett county.”

Four witnesses, V. S. Cooper, of Monroe, J. H. Patrick, policeman and justice of the peace Walton county, W. T. Mitchell and I. M. Hamilton, all swore that they would not believe Dalton on oath. Mrs. Laura Atkinson, of 30 Ellis street, testified that she had met Dalton several times but that she had never met him at the Busy Bee cafe. Mrs. Minnie Smith, an employe of the factory, testified that she did not even know Dalton. Both had been mentioned in Dalton’s testimony for the state.

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People’s Cry for Justice Is Proof Sentiment Still Lives

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

Atlanta Georgian
August 12th, 1913

By L. F. WOODRUFF.

There is as much sentiment in the world to-day as there was in 1861 or 1776 or 1492 or 1066 or any other date that may come to your recollection.

It’s not fashionable to say so, but it’s true. People to-day are too prone to accuse themselves and their neighbors of being worshippers Mammom and declaring that the money-grubbing instinct has crushed out sentiment, patriotism and honesty.

But right now in Atlanta, there is a striking example of the goodness that is man’s to-day, just as much as it has ever been.

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Attacks on Dr. Harris Give Defense Good Day

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Atlanta Georgian
August 12th, 1913

The defense had what was probably its best day on Monday. Medical experts were on the witness stand the larger part of the day. The purpose of their testimony was to knock down, one after another, the sensational statements of Dr. H. F. Harris, secretary of the State Board of Health. All of the witnesses joined in ridiculing every important theory or conclusion that was reached by the distinguished chemist and physician.

Experts for Defense.

These are the medical experts called by the defense to combat the testimony of Dr. Harris:

Dr. Willis F. Westmoreland, first president of the Georgia State Board of Health, and president of the Atlanta College of Physicians and Surgeons.

Professor George Bachman, demonstrator in physiology at the Atlanta College of Physicians and Surgeons; formerly one of the faculty of the Jefferson Medical College, Philadelphia.

Dr. T. H. Hancock, a specialist in surgical practice.

Dr. J. C. Olmstead, a graduate of Columbia University, and a practitioner in Atlanta for 32 years.

Here is a summary of Dr. Harris’ theories on the death of the Mary Phagan and the consensus of the four medical experts’ opinions in regard to the theories:

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Frank Trial Witness is Sure, At Least, of One Thing—a ‘Good Ragging’

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Atlanta Georgian
August 12th, 1913

By JAMES B. NEVIN.

Reader, proverbially gentle, if not always so, be glad, be joyful, and be filled with exceeding thankfulness that you have not been summoned, no matter which way, as a witness in the Frank trial!

Of course, there is a large, fat chance that you have been summoned—most everybody has—but be all those nice things aforesaid, if you haven’t.

And even at that, knock on wood.

The trial is young yet—it is not quite three weeks old, three weeks, count ‘em—and there still is time for somebody or other to remember that you may know something or other about something or other that may have something or other to do with the case.

Anyway, if you can’t be glad and all the rest of it, be just as glad and as nearly all the rest of it as you can, while the being is good or in anywise promising.

If you are a witness in the Frank case, you are skating on about the thinnest ice ever—it makes no different whatever whose pond you are skating on.

You are ambrosia and cake to one side and you likewise are gall and wormwood to the other—be very sure of that!

If your wife will have anything at all to do with you, and if the neighbors love you any more, when you get back home, it will be entirely because one side or the other forgot to mention the fact that once upon a time you were a horse thief, or somebody said you were a horse thief, or that you had an uncle who was a horse thief, or some pleasant little thing like that.

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State Charges Premeditated Crime

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

Atlanta Georgian
August 12th, 1913

Defense Forces Dalton to Admit Jail Record

GIRL DENIES STATE’S VERSION OF FRANK’S WORK ON FATAL DAY

Here are the important developments Tuesday in the trial of Leo M. Frank, charged with the murder of Mary Phagan:

State announces its theory that Frank planned a criminal attack upon Mary Phagan the day before she came to the factory for her money.

The court and chaingang record of C. B. Dalton, the State’s witness who testified that he had seen women in Frank’s office, was shown up by the defense and admitted by Dalton.

Four acquaintances of Dalton testify that they would not believe him under oath and that his reputation for truth and veracity is bad.

C. E. Pollard, expert accountant, testifies that it required him three hours and eleven minutes to compile the financial sheet that the defense claims Frank prepared the afternoon of the murder.

Miss Hattie Hall, stenographer, says that Frank did not work on the financial sheet Saturday morning, the day of the crime.

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Jurors Have a Great Time Playing Jokes on Deputies

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Atlanta Constitution
August 11th, 1913

Coats off and collars and ties flung carelessly on bedposts and convenient chairs the twelve jurors in the Frank case and Deputies Foster Hunter and Bob Deavours, in charge of them, were taking a comfortable afternoon rest Sunday when suddenly a woman’s voice in a plaintive key called loudly from the street, “Oh, Bob, Bob Deavours!” The deputy leaped to his feet. He was certain he had heard his wife’s voice, and though the suite of rooms in the Kimball house where the jury is quartered three floors above the street, the voice came from a window.

The deputy rushed to the window and looked in vain. As he turned back to the room the gruff voice of a man repeated the call from the hall door, he rushed over there and flung the door open, only to hear the first voice call him from the other room.

By that time Deavours was thoroughly alarmed and several of the jurymen had leaped to their feet from the beds and cots on which they had been dreamily listening to F. E. Winburn toying with the piano keys.

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Murder Evidence May Be Concluded by Next Saturday

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Atlanta Constitution
August 11th, 1913

Trial May Have Reached the Point By End of This Week Where Lawyers Will Begin Their Argument.

FIERCE ATTACK COMING ON HARRIS TESTIMONY

The Defense Will Also Make Every Attempt to Break Down Story Told by Jim Conley, Negro Sweeper.

The main points which the defense in the case of the state against Leo Frank, charged with the murder of Mary Phagan, will place before the jury in rebuttal of the prosecution will be given this week and by Saturday it is expected that the trial will have reached the point where the lawyers will begin their arguments.

What the defense has in view, Attorneys Luther Rosser and Reuben Arnold are naturally silent about, and whether or not they have something hitherto unknown that they will spring suddenly upon the state remains to be seen as the trial progresses.

At present there are three things that it is practically agreed that the defense will attempt during the next few days.

Attack on Dr. Harris.

The testimony of Dr. H. F. Harris, who placed the time of the girl’s death by the condition of the contents of her stomach, the damaging story of Jim Conley, whose testimony is the only direct evidence against the defendant, and the vital issue of the time of murder, will certainly receive the fiercest attack of any other phases of the state’s case.

There are many other features of the state’s case that will be fought and there are many points for the defense which are expected to be placed before the jury between Monday and Saturday, but it is known that the defense has made extensive preparations to break down the three points above named.

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Frank Case Mentioned for First Time in House

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Atlanta Journal
August 11th, 1913

For the first time this session, mention of the case of Leo M. Frank, on trial for his life for the murder of fourteen-year-old Mary Phagan, was made today in the house of representatives.

Representative Slater of Bryan was speaking in favor of the senate resolution of Mr. Irwin of the Thirty-fourth, calling for the appointment of a commissioner of competent lawyers to revive and improve the method of civil and criminal procedure in the state and report to the next session of the legislature, and made reference to the long drawn out proceedings of the Frank trial.

Instantly Representative Edmondson of Brooks was on his feet.

“Mr. Speaker,” he said, “I object to the Frank case being dragged into the proceedings of the Georgia legislature.”

Mr. Slater replied that he used the case only as an example to make clear his position, and the incident was closed.

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Atlanta Journal, August 11th 1913, “Frank Case Mentioned for First Time in House,” Leo Frank case newspaper article series (Original PDF)

Sunday Proves Day of Meditation for Four Frank Jurors

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Atlanta Journal
August 11th, 1913

Sunday apparently brought reflection and repentance to one aspiring member of the Frank juror, while three others after due consideration of the heat and other things, spent a part of their $2 per day.

Juror Townsend, who has been carefully cultivating a most aspiring and sprouting young mustache, had the first opportunity in seven days to inspect it. After deliberating over its ultimate destiny for the greater part of Sunday, he evidently repented, for when he appeared in the court room Monday morning the thin, dark cloud topping his lips was gone.

Three other jurors grew tired of living without expenditure and drawing $2 a day for the task, and seeing some extremely neat looking white suits marked down, purchased a number. This happened last week, but they wished to wear the suits a day in order to become accustomed to them before they appeared in public, so the first formal appearance was made Monday morning. None of the new suits was of the “side slit” variety.

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Atlanta Journal, August 11th 1913, “Sunday Proves Day of Meditation for Four Frank Jurors,” Leo Frank case newspaper article series (Original PDF)

Many Experts Called by Defense to Answer Dr. H. F. Harris

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Atlanta Journal
August 11th, 1913

DR. GEORGE BACHMAN GIVES TESTIMONY TO SHOW HARRIS SIMPLY HAZARDED A GUESS

Professor of Physiology at Atlanta College of Physicians and Surgeons Declares Dr. Harris Is the Only Doctor He Knows Who Would Undertake to Express the Opinion That Dr. Harris Did in Reference to Mary Phagan’s Death

FRANK A NORMAL MAN, SAYS DR. T. H. HANCOCK WHO TOOK WITNESS STAND MONDAY AFTERNOON

Herbert G. Schiff, Frank’s Young Assistant, Was Under Cross-Examination Several Hours Monday—He Said He Had Never Heard Complaint That Factory Clock Ran Five Minutes Fast and Denied That Frank Had Objected to His Firing Conley

Only two witnesses were examined at the Monday morning session of the trial of Leo M. Frank, charged with the murder of Mary Phagan. They were Herbert G. Schiff, assistant superintendent of the factory, who was under cross-examination the greater part of the morning, and Dr. George Bachman, professor of physiology in the Atlanta College of Physicians and Surgeons.

Dr. Bachman declared that Dr. H. F. Harris was the only physician he ever heard of who would express such an opinion as Dr. Harris had given from the witness stand previously. He said that an opinion as to the length of time that food had been in the stomach under most any circumstances would be but a hazardous guess, and that it would be utterly impossible to determine how long since food had been eaten by a post-mortem examination made nine or ten days after death of a body that had been embalmed. The embalming fluid, he declared, would add seriously to the difficulties of forming a correct opinion. The sum and substance of Dr. Bachman’s testimony was that it was impossible to fix the time of little Mary Phagan’s death by any analysis or examination of the food that was found in her stomach.

Dr. Bachman was not asked to testify in reference to Dr. Harris’ declaration that Mary Phagan had suffered violence prior to her death, but it is probable that some of the experts who follow him will be asked in reference to this feature of the case.

Dr. T. H. Hancock, of the Atlanta hospital and part owner of that infirmary, was called by the defense as its first witness after the resumption of court Monday afternoon.

Dr. Hancock testified regarding a thorough physical examination which he made of Leo M. Frank, the accused, certifying that in every way so far as he could determine Frank is like other men in his physique.

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Interest Unabated as Dramatic Frank Trial Enters Third Week

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Atlanta Georgian
August 11th, 1913

By JAMES B. NEVIN.

The third week of the most remarkable murder trial ever known in Georgia opened to-day with no apparent lessening of the acute interest and grim appeal heretofore attaching to it.

The public has come to realize thoroughly and completely that the issue is a battle not only between the State and the defendant, Leo Frank, but between Leo Frank and the negro Jim Conley.

Presumably, the defense will take the entire week rounding out its case and perfecting its undermining of Conley’s story.

If it does get through within the week, it will have employed approximately the same amount of time in telling its story that the State employed in telling the other side.

The first powerful and bewildering shock of Conley’s tale, unanticipated in its full sinister detail, has passed away in a measure, it seems.

It is but the simple truth to say that the day of and the day following Conley’s awful charge, in addition to the one of murder, marked the climax of the State’s case and the zenith of feeling against Frank.

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Grief-Stricken Mother Shows No Vengefulness

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August 11th, 1913
Atlanta Georgian

By TARLETON COLLIER.

That black-clad woman in the corner of the courtroom—nobody has noticed her much. Things have happened so swiftly in the Frank trial that all eyes are on the rush of events, waiting for a quiver on the face of Leo Frank, watching with morbid gaze the brave faces of Frank’s wife and his mother, studying the passing show that the numerous witnesses present.

And the woman is so unobtrusive, so plainly out of it all. The tears, whose traces are evident on her face, were not shed as a result of this trial. The lines under her eyes are older than two weeks. Her sorrow—and it is plain that she has undergone sorrow—came some time ago. Now, the first poignant pain of it has passed and only a dull ache remains.

All that is plain as she sits in the courtroom in an attitude which bespeaks much of listlessness and resignation. The thoughts that pass in her mind are revealed in that attitude and in her placid face. And the sum of them is this:

No matter what happens, the dull ache will always be there at her heart.

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Deputy Hunting Scalp Of Juror-Ventiloquist

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Atlanta Georgian
August 11th, 1913

Big Bob Deavors, Deputy Sheriff in charge of the Frank trial jury, marched to the courtroom Monday morning with an aching head and a grim determination to get even with Juror A. H. Henslee, whose elusive voice piloted him against a bedpost late Sunday evening.

Henslee is a ventriloquist of no mean ability, and when the jury has been locked up Sunday his talent has afforded the principal pastime. Yesterday he worked on Deavors, the deputy. He had Bob’s wife calling to him from the street, the hall door and finally from the door leading into another room. It was through this last door that Deavors broke and encountered the head of a bed with the full weight of his big frame.

An impromptu piano concert Sunday afternoon by Juror F. E. Winburn, a stroll under guard late Sunday evening and the feats of ventriloquism broke the monotony of what would have been a listless day.

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Atlanta Georgian, August 11th 1913, “Deputy Hunting Scalp of Juror-Ventriloquist,” Leo Frank case newspaper article series (Original PDF)

Defense Bitterly Attacks Harris

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Atlanta Georgian
August 11th, 1913

Battle of Medical Experts Waged in Court

EXPERTS TESTIMONY ON CABBAGE TESTS CALLED WILD GUESS

A bitter arraignment of the professional ethics and fairness of Dr. H. F. Harris, secretary of the State Board of Health, and a through-going attack on his theories and conclusions marked the Frank trial Monday afternoon.

Attorney Reuben Arnold make a scathing criticism of Dr. Harris’ methods during his examination of Dr. Willis Westmoreland, a prominent Atlanta physician and surgeon.

Arnold was asking the medical expert his opinion of the ethics of a chemist or physician who would take the organs and the stomach with its contents from a body, make his examination in absolute secrecy and would leave no material on which the other aide in a legal case might make analysis and examinations.

Solicitor Dorsey objected to the question.

Attorney Arnold said, in justifying his question:

“We wish to show that Dr. Harris has violated all the ethics of his profession, as well as the principles of decency and honesty.”

Dr. Westmoreland said he never had heard of such procedure before.

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Reporter Makes Denial of Charge That Reports Have Been Flavored

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Atlanta Constitution
August 10th, 1913

J. M. Minar, a reporter, was put on the stand by the defense after the Epps boy left. By him the defense sought to prove that the boy had talked of Mary Phagan and had not mentioned seeing her on the car.

Before he had finished cross-examining him Attorney F. A. Hooper sought to create the impression on the jury that The Georgian, for which Minar works, had instructed him to discover as much news favorable for Leo Frank as possible, and Mr. Arnold entered an objection at once.

“Did you go to the Epps’ home on Sunday afternoon, the day the dead girl’s body was found?” was Mr. Arnold’s opening question.

“Yes,” replied Minar.

“Did you see George Epps and his sister?”
“Yes.”

“Did you ask them together?”
“Yes.”
“Please state what, if anything, they answered.”

“The sister said she had last seen Mary Phagan on Thursday and the boy told he frequently rode to town with her in the mornings,” replied the witness.

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Is Defense Planning Telling Blow At Testimony Given by Jim Conley?

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Atlanta Constitution
August 10th, 1913

Will the defense strive to show by witnesses that the pencil factory elevator was not run on April 26 as told by Jim Conley in his remarkable story?

Since a question put to General Manager Darley by Luther Rosser when Darley was placed on the tand Friday, much speculation has been created in this regard.

Although attorneys for the defense will not discuss the subject, it is the prevalent belief that an effort will be made to show by mechanicians that the elevator was not in operation at any time during that fateful afternoon.

Darley was being questioned about workmen on the third floor who, as was a Saturday afternoon custom, were oiling and repairing the machinery while it was idle during a holiday. He asked if these same workmen did not oil and clean the motor which propels the elevator.

Before the question was answered it apparently was withdrawn as though in an effort to conceal its real purpose and not show an important card in the hand of the defense.

It is rumored that a mechanic, who gave much of his time to oiling and cleaning the elevator motor about the time Conley says he and Frank were lowering Mary Phagan’s body into the basement, is ready to testify that the motor was not in operation at this time or during any time of the afternoon.

If this evidence is produced, as rumored, it will be one of the most significant and telling points submitted by the defense thus far. It will come as near breaking the testimony of the negro Conley as any contradictory evidence yet presented.

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Atlanta Constitution, August 10th 1913, “Is Defense Planning Telling Blow At Testimony Given by Jim Conley?” Leo Frank case newspaper article series (Original PDF)

Startling Testimony of Conley Feature of Trial’s Second Week

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Atlanta Constitution
August 10th, 1913

IMPORTANT WITNESSES HEARD

The resting by the state of the its case against Leo M. Frank, charged with the murder of Mary Phagan, came on Thursday and the defense is at present setting forth its evidence in rebuttal.

Since last Sunday much that is regarded as important has been introduced by both sides and a number of bitter fights have been waged over evidence.

James Conley, the negro sweeper, who makes accusations that Frank told he had struck the girl too hard, and who also told of Frank’s having women in his office for immoral purposes and also swore to alleged habits of degeneracy on the part of the superintendent, was put on the stand Monday, and it was not until during the middle of the day Wednesday that the negro was excused. He had been on the stand something like fifteen hours and had established a record for Georgia courts.

Of the time he was on the stand, he was subjected to about thirteen hours of gruelling cross-examination by Attorney Luther Z. Rosser, but despite every attack, stuck to the principal part of his charges, although he admitted he had previously lied on many occasions.

On Wednesday, also, the court refused finally to strike from the records the negro’s testimony in regard to Frank’s alleged habits and also in regard to his previous actions with women before the Saturday of the murder.

Mrs. J. W. Coleman, mother of the murdered girl, was also recalled to the stand and told of having cooked cabbage for Dr. H. F. Harris to experiment upon. At her departure the physician was again put on the stand and he continued his statement, in which he declared that the girl met death within about 45 minutes after eating the cabbage and bread she is said to have had about 11:30 o’clock Saturday of the murder.

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Frank A. Hooper Is Proving Big Aid to Solicitor Dorsey

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Atlanta Constitution
August 10th, 1913

ROSSER CALLS HIM BEAU BRUMMEL OF BAR

By Britt Craig.

He has a kind and genial face that makes you feel he is the friend of everybody in the world, but in the midst of a big trial he might be compared with a Gatling gun, except for the fact that there doubtless are witnesses who would prefer facing the Gatling.

There is a liberal sprinkling of gray in his hair, and Luther Rosser has often truthfully, although sarcastically, referred to him as the Beau Brummel of the bar.

You would never suspect that he was a lawyer. Your first impression would be that he was an author, an actor or lecturer.

That he would work as untiringly and persistently to hang a man as Culumbus worked to find America, would never enter your mind, and you would dispute the word of your most verarious friend on the subject.

Dorsey Secures Hooper.

When Solicitor Hugh Dorsey faced the task of prosecuting Leo M. Frank he set about to find a colleague worthy of the undertaking. He selected Frank Hooper, a well-known corporation attorney.

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Introduction by Defense of Host Of Character Witnesses Probable

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Atlanta Constitution
August 10th, 1913

The introduction of character testimony in behalf of Leo Frank at present seems very probable. It is not thought, however, that witnesses of this nature will be put on the stand until the middle of the week.

Attorneys for the defense, as in the past, who have withhold their plans until the exact moment of performance, have refused to discuss whether or not character witnesses will be called. It is the general impression, however, that a wealth of this evidence will be presented—more, in fact, than has been produced in any trial in the state.

At the opening of the case the roll of witnesses named by the defense included some of the city’s foremost business figures, who, it was freely stated, had been called only in defense of the accused man’s character.

The solicitor has never intimated whether or not he has evidence to produce in rebuttal of character testimony in case it is presented. Such evidence, however, can never be produced by the prosecution unless the issue is opened by the defense.

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Atlanta Constitution, August 10th 1913, “Introduction by Defense of Host of Character Witnesses Probable,” Leo Frank case newspaper article series (Original PDF)

Epps Boy Denies Trying to Avoid Being Called to the Stand Again

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Atlanta Constitution
August 10th, 1913

C. B. Dalton, who was used by the state to corroborate some of Jim Conley’s testimony against Leo Frank, was the first witness called by the defense Saturday morning. He did not respond and George Epps, the newsboy who claims to have ridden to town with Mary Phagan the day she met death, was next called.

The lad, who could not be found Friday, was present and took the stand. State and defense clashed over the lad as Solicitor Hugh Dorsey stated that Attorney Reuben Arnold had tried to give the impression Friday that he had fled from the court and could not be got to testify for the defense.

“Do you remember the Sunday on which Mary Phagan’s body was found?” Mr. Arnold asked the lad.

“Yes, sir.”

“Did Mr. J. M. Minar, a reporter, come to your house that afternoon?”
“Yes, sir.”

“Did he ask you and your sister when was the last time either of you had seen Mary Phagan?”
“I heard that he asked sister: he didn’t ask me.”
“Didn’t your sister say she hadn’t seen her since the previous Thursday and didn’t you stand there and say the same thing?”
“No, sir; I’d gone to get a wrap for her.”
Mr. Dorsey then took the witness.

“George, did you try to hide from this court?”
“No, sir.”
“You weren’t here yesterday, were you?”
“No, sir; I wasn’t here; I got tired of hanging around here and you told me I could go home and you’d send for me when I was wanted, and yesterday when they came for me I was out playin’ ball.”

“Didn’t you call me up last night and ask if you were wanted?”
“Yes, sir.”

At this point Mr. Arnold objected, saying that these remarks had nothing to do with the case.

“Well, your honr, Mr. Arnold tried to give the impression yesterday that this witness was hiding out rather than testify when the defense wanted him,” said Mr. Dorsey, “and I wanted to show that this was not the case.”

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Atlanta Constitution, August 10th 1913, “Epps Boy Denies Trying to Avoid Being Called to the Stand Again,” Leo Frank case newspaper article series (Original PDF)