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Full text of "The Leo Frank Case (Mary Phagan) Inside Story of Georgia's Greatest Murder Mystery 1913"

THE FRANK CASE 




Inside Story of Georgia's Greatest 
Murder Mystery 

Complete History of The Sensational Crime 
Trial, Portraits of Principals 



Published Bj 
TBI ATLANTA PUBLISHIN 
ATLANTA, OA. 



THE FRANK CASE 



Inside Story of Georgia's Greatest 
Murder Mystery. 



l'ublUhrd l»y 
THE ATLANTA PCBLISH1NG 
ATLANTA. GA. 



Copyright 1913. 
THE ATLANTA PUBLISHING CO. 




TABLE OP CONTENTS. 



i 



PREFACE. 



CHRONOLOGY. 



, Chapter 1 — Crime Discovered. 
Chapter 2 — Police Reach Scene 
Chapter 3 — Frank Views Body. 
Chapter 4 — Mother Hears of Murder. 
Chapter 5 — Crime Stirs Atlanta. 
Chapter 6 — Leo Frank Is Arrested. 
Chapter 7 — The Inquest Starts. 
Chapter 8 — Frank's Story. 
Chapter 9 — Dictograph Incident. 
Chapter 10 — Conley Enters Case 
Chapter 11 — "Conley In School." 
Chapter 12 — Racial Prejudice Charge, 
Chapter 13 — Plants Charged to Frank. 
Chapter 14 — South 's Greatest Legal Battle. 
Chapter 15— The State's Chain. 
Chapter 16 — "Perversion" Charged. 
Chapter 17 — Salacious Stories Admitted. 
Chapter 18— Frank's Alibi. 
Chapter 19 — Attorneys Threatened. 
Chapter 20— Frank's Own Story. 
Chapter 21 — Lawyers Laud and Denounce Frank. 
Chapter 22 — Fear of Lynching Precedes Verdict. 



J 



PREFACE. 

The sensational case of Leo M. Frank is undisputedly At- 
lanta's and the south 's greatest murder mystery of modern 
years. 

The story of how little Mary Phagau was foully murdered 
iis she went to get her pay at the National Pencil factory, 
revolting and horrible as it is in its details, naturally interests 
every working man and every working woman. 

The mystery of the crime compels the interest of everyone, 
who hears about it. 

''The Mary Phagan murder mystery," however, lost its iden- 
tity when Leo M. Frank, superintendent of the big factory, 
where the humble little employe met her death, was arrested 
and it became the Frank case. 

In no other murder case in the south has there been such 
intense interest. It has become more than the ordinary murder 
mystery; more than the story of a man of position charged 
with slaying in lustful passion a little factory girl. The rea- 
son of the unusual importance of the ease is that, it is charged. 
that Frank is being persecuted because he is a -lew. 

The story of the fearful crime; of the principal developments 
our months that followed it, and finally the story of 
great trial, when- for solid month the two greatest crim- 
inal lawyers in the south battled against the keen wits of 
Atlanta's solicitor general to save Frank, has been told by 
reports. 

Many of the interesting features about the Frank ease, 
however, have never been prinl fcuse the newspapers 

dared not embody them in their accounts. 

This work ends with the conviction of Frank in the supe- 
rior court of Fulton (Atlanta) eounty. Trial did not end the 

for immediately after the young defendant was sentenced 
to pay the death penalty, a motion for a new trial was made, 
and it will be months, probably years, before he hangs, if he 
ever does. From the day of his conviction, however, the 
light iov Frank's life b inieal legal battle. The 

real story""ends with the trial and every essential feature is 



triven 



THE AUTHOR 



Chronology of the Crime. 

April 27 — The dead body of .Mary Phagan is found in base- 
ment of National Pencil factor, .. by Newt Lee, 
negro night-watchman. Police hold L 

April 27— Leo M. Frank, superintendent of the Pencil fac- 
tory, called from bed to view .Mary Phagan 's body. 

April 27 — Arthur Mullinas arrestee 

April 28 — Blood splotches found in metal room on second 
floor lead police to believe the girl was killed there. 

April 28— f'on. , empanels jury for inquest. It 

body ami scene of crime and adjourns. 

April 28 — J. M. Gantt former bookkeeper at ory, 

arrested at Marietta. 

April 28 — Pinkertons hired by Pencil fa o find slayer. 

April 29 — Frank ta to police station. Chief 

Lanford announces he will be held until after the inquest. 

April 29 — Experts declare Newt L< found by 

dead girl's side. 

April 29 — Lut her X. Rosser announces be has been retained 
'by Frank and is present when his clienl is questioned in Chief 
Lan ford's offi 

April 2fl wliat is apparently a blood stain near 

elevator leads police to believe girl's body was dragged to 
the conveyance shaft and dropped to the basement. 

•■'rank and Lee close ted together in offic 
Chief of n> Lanford for an hour. 

April 30 — Coroner's jury reconvene - his story. 

May 1— James Conley. negro si ated while wash- 

ing shirt in factor} dered unimportant at time. 

May 1 -Satisfied with alibis, police liberate Gantt and Mul 
linax. 

May 1— Frank and Lee taken to county jail to be held until 
outcome of coroner's jury pi > 

May 2— Solicitor General Do ely into the 

May . r >--F: bis actions on t & the crime. 

On the stand for three and one-half hours, he tells a straight- 
forward story. 

May 6 — Paul Howi-n arrested in Houston, T 

Ma .en released upon proving alibi. 

Ma anh and and jury by 

s jury. 

May 12 — M since 

his incarceration 



May 17 — Colonel Thouiaa B. Felder announces that Burns de- 
tective is at work on the mystery. 

May 21 — P. A. Flak, New York finger print expert, makes 
investigation. Result unknown. 

May 24 — Conley unexpectedly makes startling confession in 
which he says he wrote notes found near body at instigation 
of Frank. 

May 24 — Frank indicted by grand jury for murder ; Lee held 
as material witnes~s. 

May 26 — Burns officials announce their investigation ter- 
minated. 

May 27 — Conley makes another sensational affidavit in 
which he says he helped Frank carry Mary Phagan's body to 
basement. 

May 30 — Conley taken to pencil factory and re-enacts in 
pantomime carrying of body to basement. Taken to tower. 

June 3 — Minola McEnight makes sensational affidavit in 
which she says she overheard Mrs. Frank tell of strange con- 
duct on Frank's part on the night of the murder. 

June 7 — Mrs. Frank scores Solicitor Dorsey. declaring that 
the room in which Minola McKnight made her incriminating 
affidavit was a "torture chamber." 

.June 8 — Attorney Rosser accuses Chief Lanford of insin- 
oerity in search for slayer. 

June 23 — Solicitor Dorsey sets trial for June 30. 

June 24 — Date of trial changed to July 28 at conference 
between Superior Court Judge Roan and defense and prose- 
cution attorneys. 

July 9— Public is told of a portion of Mary Phagan's pay 
envelope being found at bottom of flight of stairs leading 
from office by Pinkerton detectives soon after the murder. 

July 18 — Call issued for grand jury to meet and consider in 
dictment of Conley as principal. 

July 21 — Grand jury, after hearing statement of Solicitor 
Dorsey, agrees to suspend action in Conley matter. 

July 22 — The discovery of a bloody stick near where Con- 
ley sat on day of murder is announced. 

July 28 — Trial of Frank commences. 

August 25— Case goes to jury and verdict of guilty is re- 
turned. 

August 26 — Frank sentenced to death, on October 10th and 
attorneys move for new trial. 



CHAPTER I. 

Crime Discovered. 

Newt Lee, nightwatchmau, yawned and stretched his legs. 
Par off in the silent city a clock boomed once. The negro 
listened intently. It was half-past two o'clock of a Sabbatb 
morning, April 27th, 1913 j and he must make his rounds. 

It was chilly there on the second floor of the National 
Pencil factory, and Newt passed the palms of his black hands 
across the dusty glass surface of his lantern to warm them. 
The shadows in the corners danced and crept closer. Before 
him the lantern light revealed the face of the big time clock 
which it was his duty to punch every thirty minutes. 

In a little while Newt would have made the rounds of the 
deserted factory building, could punch the clock, would sit 
down again for another rest. 

And he was tired, too, he thought. He needed rest. 

"Yasser," he muttered to himself. "I'se some tiahed." 

As Newt started down the stairs to the first floor, the dark- 
ness swallowed up behind him and only a narrow path of 
light showed the flight of steps down which he must clam- 
ber. Another man at the same place and hour would have 
felt cold shivers wriggle up his spine, but not Newt. 

Night after night for many months he had been that same 
round, had seen those same shadows flicker on the bare walls, 
watched the lantern make the same ghostly tracings on the 
steps. 

But tonight he was tired, despite the fact that Mr. Frank, 
the superintendent of the factory, had given him nearly the 
whole afternoon off. He talked to himself as he reached the 
foot of the steps and began to throw his lantern light back 
and forth on the empty first floor. Many lonely nights spent 
as this one, had taught Newt the value of silent communion 
and much sleep. 

"Hiah Ah comes down at three 'clock 'cause Mister Frank 
says it 'us holliday an' he wanted ter git off early," he mut- 
tered thickly. "An' fust thing he says is fer me ter git and 
have er good time, not ter come back till six. Dat's a swell 
time Ah had, ain't itt Trampsin' 'round town when Ah'd 
lots ruther been a-sleepin' at home. Wondah what 'us de 



matter wid Mister Frank today, anyhow 1 Teared to be 
moughty nervous der, rabbin' his ban's and eomin' busfin' 
out de doah when Ah hollered to 'ini. An' mekkin' me go 
upstairs wid Mister Qautt ter git his shoes, just like he was 
skeered dat Gantt man 'ud steal some thin'. Huh, white folks 
don' steal nothing'. Not Ink niggers, anyhow." 

By this time Newt had made his examination of the first 
floor. All serene as usual. Gloomy, <>f course, with none of 
the busy workers that were there in the day time, none of the 
men feverishly packing pencils, none of the scores of little 
factory girls bent over tin- machines, There were the ma- 
chines, gleaming and still. Newt liked them still, for stillness 
and the common-place meant safety to a night-watchman, 

One more floor, and he would be through. One more floor, 
the basement, darkest of the dark, always silent, always sin- 
ister. 

He raised the trap-door over the scuttle-hole, A dim light 
shot up. The gas-jet was burning as usual, but it was turned 
down mighty low, thought Newt to himself. Orders lire orders, 
thought Mr. Frank's orders were to always have 

that light burning brightly. We'd, he would see. 

Down the ladder he climbed, his feet fastening gingerly on 
each round, his lantern Bwaying, its light spearing the dim- 
mer light of the basement with faint gleams, really enhancing 
the silence and the gloom. 

His feet touched the bottom round. 1 ! lie base- 

ment floor. To each corner the lantern flecked its yellow 
rays. All right here, all right But stay, over there 

by the boiler, on that pile of saw dust. 

Newt advanced flu i forward, and stopped. Steady 

light burned, shining on a little pile of clothes and some- 
thing eh thing that Newt had ne before. His 
heart thumped. He could hear it beat. His ears strained 
to catch some oi ad, but from the sleeping city with- 
out all was silent as a tomb, nothing stirring but the quick 
hard thump, thump, of his heart. The silence pressed around 
him, gripping him. and for the first time in his life the negro 
was seized with deadly, nau fear. He tried to throw 
it off. lie swallowed something in his throat and tried to 
laugh. 

"Sho,* : muttered aloud. "Dein factory bo; a tryin 

to scare me, Dea a lil' holliday joke, (hit's all." 

His poice sounded harsh and grating in the stillness. 

8 



"Des a little joke.' - he repeated fearfully, and then his 
voice trailed off into silence. 

One more step forward, one more flicker of the lantern, 
and Newt Lee stum! k. He had seen something that 

caught his blood like an icy dam, and with one hound he 
was sobbing his way up the ladder. That thing by the boiler 
was no joke, no holliday prank. Jokes were not smeared 
with blood, jokes did not have hair, nor staring eyes, nor 
faces bruised and scarred. 



*■ 




The Viotim. 
MISS MARY PHAOAN. 



CHAPTER IL 

Police Reach Scene. 

The same clock that boomed the hour that sent Newt Lee 
off on his rounds of the factory building, boomed freedom from 
the night's work for three men at the Atlanta police station. 

It had been an easy night for police reporters, but easy 
nights are weary nights and the welcome hour meant that the 
big presses up in the office were grinding out pages of printed 
matter for the citizens of the city to while away the Sunday 
hours between breakfast and time to go to church. 

"Good-night, chief," they shouted, as they clattered down 
the stone steps of the station-house. 
"Good-night, boys." 

The two of them turned up Decatur street, foggy with the 
night mist, free from the throngs of merry, laughing co'orod 
people that had crowded them a few hours earlier. Only the 
lingering smell of fried fish and the reek of "hot-dogs" re- 
mained of the jostling mass of humanity that had filled the 
street from curb to curb such a little while ago. 
"Where's BritU" said one. 

"Out in Boots Rogers' automobile, I guess," said the other, 
and the two laughed. 

So the third reporter was left in the automobile, whil^ 
inside the station-house the officers lolled back in their chairs 
to drone away the remaining hours till the first light of 
morning. 

Already over the smoky sky-line to the east a thin smudge 
of light was appearing. The arc lights in the street burned 
blue and the hands on the station-clock were crawling toward 
the hour of three. 

Somewhere off in the cells to the rear of the station the 
gulping Bobs of a negress reached the officers. Brought in 
earlier in the evening on the charge of disorderly conduct, 
she had continued to moan and yell throughout the night 
until exhaustion brought only those racking sobs. 

"Sergeant,' growled a thick-set man near the door, whose 
chevrons proclaimed him a head of a department. "Make 
that woman shut up, will you!" 

10 



The sergeant sighed and clumped off toward the rear, 
4 swinging his keys. Boots Rogers, deputy, opened his mouth 

to begin the 'steenth exposition of the Grace case when the 
telephone bell jangled. 

"Well," said Officer W. T. Anderson. "Wonder who's 
ringin' up this hour o' the night." 

He rose wearily, strode to the door of the telephone booth 
and swung it open. His brother officers looked up for a mo- 
ment with passing interest and sank back in their seats. 

"Hello, hello," came from the booth . "Yes, this is the police 
station. Whatt — You'll have to speak slower, old man. I 
don't get you." 

Then he got the message, the message from that negro, many 
blocks away, crouching fearful in the gloom of the pencil 
factory, telling in a shaky voice of a dead girl found in the 
basement of the National Pencil factory on Forsyth street. 

As Officer Anderson crashed out of the 'phone booth with 
his news, the sleepy officers leaped to their feet, wide awake 
in a minute, to the emergency. 

"My machine's in frout," yelled Rogers. "Let's go!" 

In a flash he was out on the sidewalk, Anderson on his heels. 
Together they sprang into the car, woke the sleeping reporter, 
and the three of them were up the silent street with a sputter 
and roar, leaving the other officers gaping after a trail of 
dust and a winking red light. 

As the machine neared the corner of Pryor and Decatur 
streets, two men were seen standing on the corner. They 
were Officers Dobbs and Brown. The automobile slowed down. 

"Jump in!" yelled Rogers, and with hardly a perceptible 
pause, the big car rocked on up Marietta street, slewed into 
Forsyth and stopped, panting, at the black pile that they 
knew was the National Pencil company. 

The four men alighted. Each was breathing hard with ex- 
citement, as Officer Anderson pounded on the door with his 
clenched fists. 

A muffled tread sounded from within, the latch grated 
harshly, and the frightened face of Newt Lee peered out at 
them. The whites of his eyes were rolling and his teeth chat- 
tered. The picture of fear, each officer thought to himself. 

Before he could speak, "Where's the body!" they shot at 
him; and had entered the gloomy portal of the factory. 



With Lee in advance and Anderson right behind with his 
hand clenched over a revolver, the men advanced single file 
to the scuttle-hole. Backed by "white folks," Newt Lee led 
them down the ladder into the darkness and pointed fearfully 
to the thing in the corner. 

"Dat's it," he whispered. 

The officers bent and looked upon the fearfully mutilated 
body of a girl. She lay inert in the .saw-dust, her head towurd 
the front, her feet diagonally across toward the right rear 
corner. The face, bruised and cut. black with grime, wan 
turned toward the wall. The body was face-downward, and 
as the men stooped for a furthei latioB, the extent of 

the injuries wus revealed to them. They could see her hair 
in shreds, the unmistakable hair of a white person, stained 
dark with blood that had oozed from a wicked blow on the 
back of the head; the blue ribbon that had been tied on so 
blithely but a few hours before, now wilted and dirty; the 
silk lavender dress smeared with blood; one small white 
slipper still dinging to the right foot; around the neck a 
strand of heavy cord that had eat deep into the flesh; around 
her head a clumsily-contrived gag, formed of cloth torn from 
her dress. They turned the body over. The underskirt was 
ripped to shreds, one stocking supporter was broken, the 
white stocking itself Bagged down almost to the knee. 

Sedgeant Brown threw his head back and gasped. "My 
God, it's only a child!" 

While they stood there Sergeant Dobbs had been making 
a minute investigation of the cellar floor; a few feet away 
he found the other slipper of the girl; near the shaft of the 
elevator was her flimsy little hat. Then he made a dis 
eovery. 

Turning toward the lantern light he held up to view two 
soiled pieces of yellow pap is which some one had 

scrawled rude letters With bated breath, the officers read the 
notes. This was one: 

"He said he wood love me laid down like the night 
witch did it. but that long tall black negro did it 
by hisself." 
The other read ; 

"Mamtma that negro hired down here did this I 
went to get water and he pushed me down this hole a 
long tall negro black that has it woke longr lean tall 
negro I write while play with me." 

12 



What thing was this? What did they meanV Had the 
man who wrote these notes done this hellish deed? The quick 
flash of suspicion, already bora in the brain of every white 
man present, turned toward the black man Lee. It was An- 
derson who swung suddenly toward the watchman and Sung 
a rough hand on his shoulder. 

"■Nigger, you done this," lie said hoarsely. 

"Fore God, Ah didn't, white folks." 

A moment later and Anderson had slipped the hand-cuffs on 
his wrists, and Newt Lee was under arrest for murder. 



IS 



CHAPTER III. 

Frank Views Body. 

By 5 o'clock of a still Sabbath morning the drag-net of 
the law was spread for the slayer of a little factory girl. 

Immediately following the arrest of Newt, Lee, he was 
taken to the station-house and efforts were made to identify 
the dead ehild. Deputy Rogers told the officers while all 
were still at the pencil factory that he knew a girl that worked 
there who could probably look at the murdered ehild and tell 
who she was. 

She was his sister-in-law, he said, Grace Hix, who lived 
at 100 McDonough road. Rogers decided to go after her in 
his machine. 

Shortly before daylight he returned with Miss Hix, and 
went with her to the morgue of P. .1. Bloomfield, where the 
body had been taken. There Grace Hix looked at the lacer- 
ated body. 

"It's the little girl that worked at the machine next to 
me," she cried. 'It's Mary Phagnn." With the words she 
fainted. 

In the meantime other officers of the police and detective 
departments had been busy at the scene of the crime. About 
5:30 o'clock Detective Starnes called up Frank, the superin- 
tendent, at his home, 68 East Georgia Avenue, told him that 
something had happened at the factory, and that he would 
send for him in an automobile. 

So shortly after day-night Rogers went to the Frank home 
in his car with Detective John Black. The door was opened 
to them by Mrs. Prank ,and immediately afterward her bus- 
band came out. 

According to the story of Black and Rogers, Frank asked 
them if anything had happened at the pencil factory, but 
they told him to get his coat and come with them. Black said 
later that Frank was dressed, all except his collar and tie, 
and that he appeared to be extremely nervous, constantly 
rubbing his hands. 

The three of them got into Rogers' car and rushed off to- 
ward town. On the way Black asked Frank if he knew « 

14 



girl named Mary Phagan, and the superintendent is said 
to have told him that he would look on the factory pay-roll 
and see. It was at this time that Black told Frank of the 
murder. 

On the way to the factory the three stopped at the under- 
taker's and looked on the body of Mary Phagan. It is said 
that Frank was asked if he knew her and replied that he 
thought so and that he would find out for certain at the 
factory. 

Leaving the undertaker's, the trio approached the factory 
at sun-rise. Already the news of the murder had spread over 
the town and a small group of men stood outside the factory 
door. Among them was N. V. Darley, general foreman of the 
factory, whom Frank had requested his wife to notify hefore 
he left home. Frank hailed the foreman and he entered with 
the superintendent and the officers. 

Straight up the stairs to Frank's office the men went. The 
superintendent opened the safe, took out a blank book, ran 
his finger down a column of names and stopped at one. 

"Mary Phagan" stared up from the page. 

"Yes," said Frank, according to Rogers' story. "She was 
here yesterday to get her pay. If I make no mistake, ray 
stenographer left at 12 o'clock, the office boy went a few 
moments later, and then she came in and got her pay. It was 
12:15." 

Stepping quickly away from the book, Frank rubbed his 
hands and asked if any traces of the pay envelope had been 
found around the factory. There had been none. 

The next request of the superintendent was to see the place 
where the girl's body had been found. Officers, superintend- 
ent, and foreman hoarded the elevator leading to the basement. 
First, it is said. Frank went up to a switch-box by the eleva- 
tor, told the officers that, he was accustomed to keeping it 
locked, then unlocked it, turned on the machinery, and the 
elevator started on its downward trip. 

In his nervousness, Frank did not see that the elevator rope 
was caught, and Darley reached over and helped him release 
it. After viewing the basement room where the body was 
found, the party returned upstairs. 

"Newt Lee has worked for us a short time," Frank is 
quoted as saying: "But Darley's knowD him a long time. If 
anybody can get anything out of bim. it's Darley. 

15 



On the return to tin- first tloor, some one suggested that 
they all go down to the station-house, with which Frank 
turned to Darley and is said to have told him: 

"I guess I'd better put a new slip on the clock.'' 

What followed is best told by Boots Rogers. By his tes- 
timony given later, Frank talked but little of the murder but 
said: "That's too bad." as he looked at the spot where little 
Mary Phagan was found dead. When Frank spoke to Darley 
about, a new slip on the clock, said Rogers, the foreman agreed 
with him. 

Rogers said: "Frank took his keys out of his pocket, un- 
locked the door of the lock on the right, and took out the 
time slip. He examined the slip and then said it was punched 
all right. 

"Lee was handcuffed and was standing near. Darley also 
was there. Aftr-r seeing that the time slip was punched 
all right, Frank laid it down on the table and went into his 
office, coming out with a blank slip. While he was in the 
office getting the new slip, several of us examined the, one 
taken from the clock. When Frank put in the new slip, he 
asked some of us to help him, and I held a lever. Frank 
found a pencil in one of the punch holes, and asked Lee 
why it was there. The negro said he put the pencil there so 
he would punch the right hole and make no mistake. 

"Frank unlocked the clock and on the margin of the slip 
he wrote in pencil 'April 26. 1013.' Then he folded the slip 
and carried it hack into the inner office. When I examined 
the slip, I noticed just the first two punches especially. One 
was punched at, 6:01 o'clock and the second at 6:32 or 6:33." 

"Ho didn't notice auy skips on the slip. 

"He thought if there had been any omissions, he would 
have seen them." 

From the factory Frank and the officers went to the poller 
station, still in Rogers' machine, which, verily, had seen hard 
service that Sunday morning. Darley and Rogers sat on the 
front seat, Lee and Detective Black in the rear. Frank was 
sitting on Darley 's knee. He trembled violently, said Darley. 

At the police station, Frank is said to have leaped out of 
the automobile in a nervous jump, walking rapidly into the 
chief of detectives offiee, and talking in a quick, constrained 
manner. During the conversation in the detectives' office, 
Frank told them of the visit to the factory Saturday morning 
of one J. M. Gantt, a young man who was discharged from 

16 



the factory a short tiniL- before and who came back that after- 
noon for a pair of shoes he had left there. Frank told the 
detectives that Gantt knew Mary Phagan well. 

On the strength of this statement, the detective force started 
looking for Gantt. 

With Newt Lee held in the station on the charge of sus- 
picion, Frank at his home, and detectives on the lookout for 
several suspects, the first day of the famous Mary Phagan 
case came to a close. 

All during that still Sabbath crowds had passed constantly 
back and forth along Forsyth street, content merely to stand 
and gaze at the building where black murder had been done. 
although a ceaseless watch was maintained by officers on all 
who entered or left the factory, and the general public was 
entirely excluded from its interior. 

And in the meantime there was sorrow in a little home in 
Bellwood. which Mary Phagan had left alive and happy on 
Saturday, 



17 



CHAPTER IV. 

Mother Hears of Murder. 

The story of Mary's actions on that last Saturday she was 
alive is told as follows by various witnesses: 

Memorial day dawned cloudy and dim. It was a holiday, 
the first that the little factory girl who worked so hard from 
morning until night had had in many weeks. 

She planned to go to town right after dinner, get her $1.20 
pay at the factory, and spend the rest of the day watching 
the Confederate Veterans parade down Peachtree street. 

Shortly before noon, she hurriedly ate her simple dinner of 
cabbages and biscuit and left the home which she was never 
destined to see again. She hoarded a street car for the city 
about noon. 

On the car was tow-headed, freckle-faced, George Epps, the 
newsboy that lived near Mary, the little fellow whom she had 
always liked. They sat together on the car and before they 
parted Mary had promised to meet her little friend at 1 
o'clock and with him watch the boys in gray march. 

At Marietta and Forsyth streets, but little over a block 
from the factory, Mary alighted from the car, according to 
George Epps, and walked down Forsyth street, saying that 
she was going to the factory. This car was due to arrive 
at the corner of Broad and Marietta streets, one block from 
where she left it, at 12:07 o'clock. 

Late that evening George Epps ran over to the Phagan 
home, to find out why Mary 1 had not met him as she promised. 
He found her mother feverishly worried beeause Mary had 
not been home at all. J. W. Coleman, Mary's step-father, went 
to town at the solicitation of Mrs. Coleman to see if he could 
find Mary- anywhere. 

"She might have gone to the Bijou theatre with some of 
her girl friends," Mrs. Coleman told her husband. "Wait 
down there until it gets out and see if you can't find her." 

Mr. Coleman went to the Bijou, waited until the show was 
over, watched the streams of faces pass him by, but never 
saw the face of the little girl he sought. 

18 



He returned to the home, 146 Lindsay street, and consoled 
the grieving mother with the thought that Mary might have 
gone to Marietta to visit her grand-mother. She was always 
starting to do that, Mr. Coleman told her, and probably she 
just decided to go after she drew her pay Saturday. 

The mother's heart was aching, but she managed to quiet 
all outward fears. Yet all through the long night she was 
wondering where her little girl was. 

Early ou Sunday morning, April 27th, there came a knock 
on the door of the Phagan home. The mother's heart told her 
it was news of Mary and she flew to the threshold. 

A white-faced girl stood at the door, her eyes deep with sor- 
row, her lips hardly able to utter the awful words she came 
to tell. She was Helen Ferguson, a. neighbor. 

"Mary is — " she began. 

The mother's heart read the rest. 

"Not dead?" she cried, stricken to the depths. 

"Yes, dead, dead," the girl sobbed, breaking into a storm 
of weeping. 

Other members of the family came running to the door. 
The mother swooned and was supported to a couch within 
the home. There she lay for days afterwards, unable to speak 
save to ask piteously for her little daughter. 

The news once broken to the Phagan family, Mr. Coleman 
hastened to town to see the body of the little girl who had 
become even more than a daughter to him. At Bloomfield'a, 
the undertaker's, Will Ghessling, an assistant, showed him the 
body, and the old man positively identified it. 

He was but one of many who looked on the body that day 
and the day following. 

Morbid curiosity, the same that influenced hundreds to 
gaze at the blank walls of the pencil factory and later to stand 
for hours outside the court- room where the trial took place, 
led thousands of people to .steal one glance at the corpse of 
a girl murdered so cruelly and so mysteriously. 

The largest crowds looke.i on the body of Mary Phagan 
that have ever seen a dead boay in the history of the city of 
Atlanta. It is estimated that 20,000 saw the remains while 
they were at the undertaking establishment, while many hun- 
dreds viewed them at the funeral at Marietta. 

The funeral took place Tuesday afternoon. Before that, 
however, physicians made an examination of parts of Mary 
Phagan 's body, although the result of their probe was kept 
a profound secret until the trial 

19 



On Tuesday afternoon, April 29th, the body of the little 
girl was laid to rest in the old family cemetery at Marietta, 
Ga. t twenty miles from Atlanta, while members of the family 
and scores of friends stood by, weeping bitterly. 

On May 7th the body was exhumed at the order of the state 
solicitor and a minute examination made of the stomach and 
other vital organs by Dr. H. F. Harris, of the state board of 
health. What he found out was known only to himself and the 
solicitor until he testified on the witness stand at the trial 
nearly three months later. 



20 



J 



CHAPTER V. 



Crime Stirs Atlanta. 



Following the news that Mary Phagan had been murdered 
in the basement of the National Pencil factory, the city of 
Atlanta was stirred as it had never before been stirred. The 
famous Grace ease had created excitement, the trial of Mrs. 
t'allie Scott Appelbautn had been of profound interest, but the 
mystery surrounding the murder of Mary Phagan and the 
atrocity of the crime, combined to make it a sensation which 
lasted not only the requisite nine days, hut remained a mys- 
tery for months, a mystery in which the final chapter may 
never be written, a mystery which will always make the ease 
the most famous in the criminal annals of the state of Georgia. 

The name of Mary Phagan was on the lips of all on the 
Monday morning following the day of the murder, the papers 
got out extra after extra, they wore snapped up by thou- 
sands, it seemed as if the public could not read enough of 
the horrible eri> 

The result was that the Atlanta police department 
swamped with rumors, most of them extremely sensational, 
which their originators claimed would lead to the discovery 
of the murderer. 

While the first wave of public opinion was unanimous in 
declaring Xewt Lee the guilty man, reports of other suspects 
resulted in the arrest of another man before that first Sunday 
was ended. 

lie was Arthur Mullinax, a former street ear conductor 
and an alleged friend of the dead girl's. Mullinax was ar- 
rested on the statement of E. L. Sen tell, an employe of the 
C. J. Kamper Grocery company, who said that he saw the 
man with Mary Phagan at 12:1*0 o'clock on the morning of 
the murder walking along Forsyth street near thp pencil 
factory. 

Seutell, in his statement to the police, said that he had 
known Mary Phagan for years and that he was positive she 
was the girl he saw on the street, and more startled than 
ever when, on her approach, he recognized her as the little 
Phagan girl. He said that as the couple passed them, he 
said, "Hello. Mary."' and that she replied, "Hello. Ed." 

31 



Mullinax was easily apprehended by the police and late 
Sunday evening was taken to the police station. Here Sen- 
tell positively identified him as the man he said he saw with 
Mary Phagan. 

A crowd was at the police station when Mullinax was taken 
into custody, and several threats were made on his life, a 
typical instance of the point to which public sentiment had 
become inflamed. 

The suspect vehemently denied his innocence to the police, 
declaring that he knew Mary Phagan only by sight and that 
he had met her but once, at a Christmas entertainment. The 
officers decided to keep him on siispicion, and he was lodged 
in a separate cell. 

On Monday another suspect, J. M. Gantt, was arrested 
at Marietta. Several suspicious circumstances pointed to Gantt 
as knowing somewhat of the crime. He was known to have 
b«en acquainted with Mary Phagan, he had been at the fac- 
tory Saturday afternoon, he had formerly worked at the fac- 
tory and was familiar with the building. 

Gantt 's sister, Mrs. F. C. Terrell, was located by officers 
at her residence, 28* East Linden street, where she said Gantt 
had stayed Friday night. She gave a conflicting account of 
his movements after that. Officers decided they were on the 
right track. 

Monday morning Gantt was arrested with a warrant charg- 
ing hira with being suspected of the murder of Mary Phagan, 
just as he stepped off the car at Marietta. 

He was brought to Atlanta, and joined Lee and Mullinax 
in the station-house. Gantt told a straight story, admitting 
that he had been discharged from the factory several weeks 
before; that he went back Saturday to get some shoes hi* 
had left there; that in going to Marietta at that unfortunate 
time he was merely following out some plans he had suggested 
to his mother many days before. 

On the morning following his detention, Gant sought to get 
out of jail by applying for a writ of habeas corpus. But before it 
could be acted on both he and Mullinax were released on May 1, 
following testimony at the coroner's inquest by which each es 
tablished a clear alabi. Mullinax was released largely owing 
to the testimony of bis fiancee, Pearl Robinson, who came for- 
ward and said she was the girl seen with him by Sentell. 

Gant was later subpoenaed as a witness at the trial, while 
Mullinax was discovered to know so little about the case that 

22 



> 



he was not even summoned as a witness. 

The rumors in regard to Gant and Mullinax were bat two of 
many that the police had to run down, explode, or confirm 
during the days following the murder. 

Tales of a girl being kidnaped in an automobile Saturday 
morning and drugged; of a girl with a red dress who saiid 
she knew something about the crime being seen at Marietta: 
rumors and rumors of rumors had the police and detectives 
wellnigh frantic. 

Not the least of them resulted in the arrest of a man in 
far-off Houston, Tex., Paul Bowen, a former Atlanta boy who 
knew Mary Phagart. Bowen succeeded in proving an alabi 
on May 7, the day after his arrest, without having to make 
the long trip hack to Atlanta It is interesting to note that 
owiug to the warm condition of Houston polities at the time 
Bowen 's arrest was seized upon as an excuse for discharging 
half the detective force of that city. 

The police received alleged aid on the Monday following 
the murder when it was announced that the pencil factory 
authorities had retained the services of local Pinkerton de- 
tectives to aid it) running down the murderer. 

During that Monday, April 28, there was so many rumors 
afloat that real progress on the Phagan case was but little 

During the morning the coroner's jury met with Coroner 
Paul Donehoo in the metal room of the pencil factory and 
was empaneled. It immediately adjourned after viewing the 
body and the scene of the crime. 

An interesting discovery of the day was that of blood spots 
on the floor of the metal room which led detectives to think 
that the Phagan girl was killed there and not in the base- 
ment, as was at first supposed; and that her body was 
then dragged to the basement. This was but one of the many 
theories advanced as to how and when the little girl 'met 
her death. 

So ended Monday, April 28, with three suspects, Lee, 
Cant and Mullinax, in jail, and the men who later were to 
be the chief actors in the drama still at large. 

The arrest of one of them was to follow before twenty- 
four hours had passed. 



CHAPTER VI. 

Leo Frank Is Arrested. 

On the morning of Tuesday, April 29, Leo M. Frank, su- 
7" rintendent of the National Pencil factory, was taken to 
the police station and held on suspicion in connection with 
the murder of Mary Phagan. From that day on he never 
regained his freedom. 

Slim, boyish-looking, a frail, delicate man, he was a dif- 
ferent suspect than either the old darky, Newt Lee, the young 
giant, (liint. or the ex-conductor, Arthur Mullinax. 

Who he was cannot be better told than in his own words, 
spoken nearly four months later to the jury who decided 
his fate. He said: 

"In the year 1884, on the 17th day of April, 1 was born 
in Paris, Tex. At the age of three months my parents took 
me to Brooklyn, N. Y., and I remained in my home until I 
eamc south, to Atlanta, to make my home here. T attended 
the public, schools of Brooklyn, and prepared for college in 
Pratt, Institute, Brooklyn, N, Y. In the fall of 1902 I en- 
tered Cornell university, where 1 took the course in mechan- 
ical engineering, and graduated after four years, in June. 
1906. 

"I then accepted a position as draftsman with the B. F. 
rtevaht company, of High 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 
tig engineer and draftsman with the National Metier 
company, of Brooklyn, X. Y. [ remained in this position 
until about the middle of October, 1907, when, at the invi- 
tation of some citizens of Atlanta. T eame south to confer 
with them in reference to the starting and operatiou of a 
pencil factory to be located in Atlanta. 

r'ter remaining here for about two weeks, 1 returned 
once more to New York, where I engaged passage and went 
to Europe. I remained in Europe nine months. During my 
sojourn abroad I studied the pencil business, and looked 
after the erection and .testing of the machinery whieh had 
been previously contracted for The first part of August, 
1908. F retiyued onee. more to America, and immediately 

24 



V* 



r 



came south to Atlanta, which has remained my home ever 
since. 

"I married in Atlanta, an Atlanta giti, -Miss Lucile Selig. 
The major portion of my married life has been spent at the 
home of my parents-in-law, Mr. and Mrs. E. Selig, at 68 East 
Georgia avenue. 

Frank was taken into the custody of the police shortly 
before noon Tuesday as he was at the pencil factory. 

An automobile which left the police station carrying De 
.♦' Harry Scott, of the Pinkerton agency, and City De- 
tective John* Black, returned within ten minutes with Frank, 
who was confined in a cell. Chief of Detectives Newport A. 
La 11 ford announced that he would be held pending the re 
suit of the coroner's inquest. 

The news of the latest arrest spread like wild-fire. Spec- 
ulation was rife as to Prank's connection with the case. Scores 
of his friends came to his aid, hundreds who had never seen 
him declared that he must be the guilty man. 

The latter pointed out the following [condemning facte 
that were known at that time: that Frank, by his own ad- 
mission, was the Ins; man known to have seen Mary Phagan 
alive; that he appeared nervous when Newt Lee. came to the 
factory early in the afternoon and that he called Newt Lee 
over the telephone during the evening, something he had 
uever done before: that he was nervous when Gant came to 
the factory at G o'clock Saturday afternoon; that he was 
nervous when officers took him to the factory Sunday morn- 
ing. 

Prank's friends set np a cry of indignation over his arrest. 
They at once retained Luther Z. Rosser. one of Atlanta's 
foremost atto tor counsel. Rosser immediately called 

at the station and talked with his client, and was also pres 
ent when Prank was <juestioued by detectta 

Besides interviewing his counsel, Frank held a long talk 
with Pinkerton Detective Hairy Scott, retained by the fac- 
tory officials. 

Public sentiment on that Tuesday, the day before the in 
quest started, attained its highest point since the discovery 
of the murder. With four suspects held, opinion was equal- 
ly divided as to who was the guilty man, although the ma- 
jority condemned either Newt Lee, the negro, the most hum 
if the pencil factory employees, or Leo Frank, the white 
man, the "boss" of the firm. Suspicion against Gant and 
Mullinax already w Iropping away. 

25 



Th» detectives of both the city and Pinkerton forces scoured 
the factory, the homes of the suspects, the whole city in 
their search for clues. 

At the pencil factory they found blood spots near the ele- 
vator shaft on the first floor, a discovery which led to con- 
firm their belief that Mary Phagan was murdered on that 
floor and her body dragged to the shaft, where it was low 
ered to the basement. 

Another find was of a bloody shirt, which city detectives 
unearthed in their minute examination of the premises around 
Newt Lee's humble abode. The shirt was discovered in an 
ash barrel back of his cabin. It was covered with- dark 
stains, although it gave every appearance of not having been 
worn after the blood was smeared on it. 

This discovery served to swing suspicion more than ever 
against the night watchman, while Newt himself stoutly de- 
clared that he had worn the shirt then on his back for a 
week. 

On Tuesday two rewards were offered for evidence leadr 
ing to the discovery of Mary Phagan 's murderer, one by the 
state, of $200, and another by the city, of $1,000. 

The town was in a turmoil on that night, with the official 
inquest of the eoroner scheduled to begin the next day. 



26 



r 



CHAPTER VII. 

The Inquest Starts. 

The coroner 'b inquest started "Wednesday morning, follow- 
ing a long interview between Frank and Newt Lee, held 
Tuesday night nt the police station Detectives stated that 
the two suspects were brought face to face in the hope that 
Frank could wring a confession of guilt from the negro. 

Scores of witnesses, ineludinjir (prla from the factory and 
many others, arrived at the police station Wednesday morn- 
ing to testify at the inquest. The inquest began at 9:10 
o'clock, behind closed doors, in the room of the board of 
commissioners, 

Call Officer W. F. Anderson, and Officer Brown testified 
as the first witnesses. They went into full details as to how 
they were notified of the murder and how they found the 
body ou that grewsonie Saturday night. 

Officer Anderson's testimony contained a vivid and re- 

f 

volting description of how the body was mutilated and torn. 
In the dim light of the cellar, testified Officer Anderson, the 
body could not be identified as that of a white girl's unless 
the observers were at least within fifteen feet of where it lay. 

He was present, said the witness, when somebody picked 
up a note near the body. He identified it as the one written 
on a slip of yellow paper, Later, somebody found another 
note. He didn't identify that. About five feet from the 
girl's body a pencil was found. Near it was a pad from 
which the slip evidently had been torn. He described the 
basement — a long, narrow enclosure between rock walls, with 
the elevator shaft Dear the front, a boiler on the right about 
half way back, a partition on the left shutting in an enclosure 
which seemed to be waste space, an open toilet, on the right 
beyond the boiler, the girl's body on the left, beyond that, 
and a door at the back end. The girl's left slipper was found 
near the elevator. She wore no hat that he could find. He 
didn't remember distinctly how she was dressed, but believed 
it was in some dark material. 

Officer Brown followed Anderson on the stand, and gave 
testimony extremely damaging to Newt Lee, declaring, as 
did Anderson, that it was impossible to tell that the body was 

27 



that of a white girl unless within a very few feet of it. He 
said that only until he rolled down the stocking below the 
knee and saw the flesh eould he tell that the girl was white. 
He described the fearfully dirty appearance of the body, 
stating that only by being dragged eould it have accumu- 
lated so much dirt and grime. He also told how they had 
tried to reach Frank over the 'phone in the early morning 
hours, but bad not been able to do so until several hours 
later. 

During Brown's testimony a dramatic incident occurred. 
The little girl's clothes, a one-piece purple dress with white 
trimmings, one shoe, a black gun-metal slipper, were shown 
to the jury. As they were placed in a heap on a chair, Mary 
Phagan's brother rose from a seat in the corner, stared in 
horror at the pathetic little pile, and ran from the room with 
his hands clasped to his head. 

At 11:45 o'clock Newt Lee himself took the stand. He 
Ked to coming to the factory at 4 o'clock, leaving when 
told to do so by Frank, coming back at 6, he told of Frank's 
nervousness, of Gant's visit to the factory; of Frank calling 
him over the 'phone to ask him if everything was "all right" 
early in the evening; and of finding the body. Newt testi- 
fied that he found the body face up, although detectives ami 
officers say that it was face down. Newt swore, however, 
that he did not touch the body. Tn answering the allega- 
tions of the officers that he could not tell it was a white 
girl, he declared he eould tell by the hair which was always 
different in white women from black women. 

The last witness to testify before the jury adjourned 
Wednesday morning was J. O. Speir, of Cartersville, who 
swore that he saw a girl and a man Saturday afternoon in 
front of Hie pencil factory, that they were excited and ner- 
vous, and that the girl was the same one he saw Sunday at 
P. J. Bloomfield's chapel, the dead Mary Phagan. 

Wednesday afternoon the first witness to testify was George 
Bpps. the young newsboy who came to town on the car wiith 
Man- Phagan. An interesting phase of bis testimony was the 
statement thai Mary had told him that Mr. Frank had winked 
at her and ""looked suspicious." 

E. L. BenteU testified in regard to seeing Mnllinax with 
8 girl whom he supposed to be Mary Phagan late Saturday 
night. Another witness, a neighbor, said he had seen her 
about 5 o'clock near her home, while a third witness, who 
had told detectives that be had seen Mary Phagan that af- 

28 



teraoon, appeared at the inquest to say that he was mis- 
taken. Sentell was convinced by officers that he was not 
sure the girl he saw was Mary Phagan. 

E. P. Barrett, a factory employe, testified to finding the 
blood spots near Mary's machine on the second floor, show- 
ing that she may have begun her fight for life there instead 
of in the dark basement. 

Gantt took the stand and told the same story that lie had 
already told to detectives. 

J. W. Coleman, stepfather of Alary Phagan, testified to 
the anxiety of himself and her mother, on the night of the 
murder. 

Frank M. Berry, assistant cashier at the Fourth National 
bank, was one of the important witnesses at the hearing, and 
he declared that in his opinion the notes found by the girl's 
body were written in the same hand as several other notes, 
which had been written at police headquarters for the de- 
tectives by the negro watchman. Newt I 

The inquest then adjourned until Thursday. 

"When the inquest adjourned at 6 o'clock "Wednesday af- 
ternoon, the detectives had made one step toward solving 
the mystery of little Mary Phagan 's death. This was the 
arrival at the conclusion that the little girl had never left 
the factory after she want there shortly after noon Satur- 
day to get her pay. 

Assertions that Mary had been seen at Midnight with Mul- 
linax, and that girls corresponding to her description had 
been seen at various hours Saturday afternoon in the neigh- 
borhood of the factory, one by one were probed deeply and 
found to be unfounded. 

E. L. Sentell admitted that it was Pearl Robinson, and not 
Mary Phagan that he had seen with Mullinax, other witnesses 
who were, supposed In have seen the little girl Saturday af- 
ternoon same forward to declare that they might have been 
mistaken. This underbrush cleared away, officers could find 
a working basis at last, a substantial supposition that Mary 
Phagan never came out of the pencil factory alive. 

As a result of their conclusions, Gant and Mullinax were 
released from custody at the temporary adjournment of the 
inquest. Thursday afternoon, nn inquest which was in session 
for but a few minutes. 

rouer Donehoo had called 160 witnesses, most of them 
factory employees, and after swearing them in at 4:30 o'clock, 

29 



announced that the investigation of the little girl's death 
would be postponed until the Monday following. 

Hardly had this news been announced, when a bigger sen- 
sation followed. Newt Lee and Leo Frank were ordered 
transferred to the Fulton county tower until the conclusion 
of the inquest. 

At police headquartesr it was given out that the two sus- 
pects were taken to the tower because there was considerable 
doubt as to the legality of detaining them on city warrants, as 
both had been arrested in connection with a state and not a 
city case. 

The coroner's warrants by which the two men were taken 
to the tower were exactly alike in each ease, save for the 
names. Frank's read: 

"Georgia, Fulton County: 

"To the Jailer of Said County ; Greetings: 

"You are herein required bo take into custody the 
person of Leo .M. Frank, suspected of the murder of 
Mary Phagan, and to retain the said Leo M. Frank 
in your custody pending a farther investigation of 
the dentil at' said Mary Phagan, to be held by the said 
coroner of said county. 
'Herein fail not. 

"Given under my hand and official signature this 
the first dav of May, 1913. 

ned) PAUL DONEHOO, 

"Coroner.'' 

With the tun men in tin' tower Thursday and two Other 
ex-suspects released, then' appeared to be but little doubt that 
in the persons of Frank and Newt Lee the detectives he'd 
the key to the mystery. 

Yet then- was another mail in the toils of the law, a man 
whose arrest created such little excitement at the time that a 
hare paragraph was devoted to it in the newspapers. Yet 
later this man was to startle the public with the most sensa- 
tional statement that was ever told until the trial started. 

He was James, "Jim," Conley, negro sweeper at the pencil 
factory. Conley was arrested at 2 o'clock Thursday after- 
noon on suspicion and was confined at police headquarters, 
together with "Snowball," elevator boy at the factory. The 
latter never figured prominently in the case. The slight inter- 
est which Conley 's arrest caused at the time is shown in 
the newspaper account of it: 

80 



"The sixth arrest in the Phagan murder case was made 
by detectives at 1 o'clock Thursday. James Conley, a negro 
'sweeper* employed at the National Pencil factory, was seen 
washing a shirt at a faucet in the rear of the building. Be- 
fore he had completed the work detectives, who had been 
phoned, walked in and placed the man under arrest. There 
were certain marks oti the man's shirt. He claims that they 
are 'rust' marks. The detectives will hold' him, at least until 
a chemical analysis can determine for certain whether or 
not the stains were caused by blood. 

"The negro declared to the police that the shirt was the 
only one which lie possessed and that he washed it so he could 
appear in it at the inquest, to which he had been summoned. 
His statement is believed by the police." 

At this time theories and "tips" still poured into the de- 
tective office. Many of Frank's friends were working per- 
sonally on the ease in their endeavor to clear the cloud of 
suspicion which hovered over the well known young super- 
intendent. 

He was prominent in the community, liked by a wide cir- 
elr of friends. He was president of the local Hebrew organ- 
ization, B'nai B'rith, a leader in church and social work, 
of good standing in the business world, a college graduate, 
pleasant to talk with, with no small amount of personal 
magnetism and charm. 

Even at that early hour, when very trivial circumstances 
were held up against Frank, his friends rallied warmly to 
his support. 

Theories of how Mary Phagan met her death and by just 
what, system her murderer can be brought to justice were 
flooding the office of the detectives. People called over the 
phone to tell the officers just how they should proceed. Many 
of them came in person, and the office was in receipt of hun- 
dreds of letters from this and half a dozen other states, giv- 
ing advice and theories. 

Many of the letter writers were anonymous, but most of the 
people signed their names. Several letters had been received 
from "criminologists," who were willing to divulge their 
theories only for money. Several letters came from "seers" 
and "mystics," who communed with the spirits and learned 
in that way the "identity" of the murderer. 

Among the interesting callers at police headquarters were 
two ladies, who dreamed about the murder. Both said that 

31 



they distinctly saw Mary Phagan in her desperate battle with 
the murderer. 

The ladies arrived within a short time of each other, but 
their dreams didn't coincide. Both gave the chief accurate 
descriptions of the murderers of their dreams. 

While friends of Frank were flocking to defend him, there 
was an equal amount of condemnation voiced against both 
him and the negro| M titterings and threats began to fill the 
air and when tin- detectives showed that they really thought 
either Frank or Lee the criminal, according to the public's 
view of it, by taking the two to the tower, sentiment reached 
fever heat, 

That Thursday night promised ugly things. Fear of what 
might happen in the then aroused state of affairs caused offi- 
cials of city, county and even the state to take extremely 
autionary measures. 

Thursday night Governor Joseph M. Brown advised Ad- 
jutant Genera] J, Van Boll Nash to communicate with officers 
of the Fifth Regiment, National Guard of G*orgia, with a 
view to having the troops in readiness should an emergency 
arise. The governor also warned the jail authorities and the 
police to be on the lookout for any signs of trouble on the part 
of the populace. 

In response to the warnings of the governor, Colonel E. E. 
Pomeroy, commanding the Fifth Regiment, gathered his men 
at the auditorium-armory, a few blocks from the tower where 
Frank and Lee were behind the bars, and held the troops there 
until] a late hour of the night. At 11:130 o'clock the soldiers 
were allowed to return to their homes, rumors of mob violence 
having proven groundless. 

From Thursday until the coroner's jury convened again 
Monday morning .there was little of real interest to crop up 
in the famous case, although rumors and speculations con- 
tinued to grip the city and the state. The cupidity of the 
public for news continued at a high pitch and Saturday night 
the militia was again ordered to be in readiness in ease trou- 
ble should come up. 

Solicitor H. M. Dorsey held a long conference Saturday 
morning with Chief of Detectives Lanl'ord, and Coroner Paul 
Donehoo, a conference which, it was understood, resulted in 
the summoning of more witnesses for the inquest and a unify- 
ing of the forces of city and state at work on the case. 

32 



All day Saturday the city was alive with rumors that there 
had been a confession from one of the two prisoners in the 
tower, rumors which the officials indignantly denied and which 
later turned out to be entirely unfounded. 

So did the first week since Mary Phagan 's body was found, 
end, with the best Forces of county, city and Btate, and outside 
agencies at. work on the case, with two suspects in the tower, 
and the whole state looking forward to what the coroner's 
inquest might develop when it convened again Monday after- 
noon at 2 o'clock. 



CHAPTER VIII. 
Frank's Story. 

Before the coroner's jury reconvened Monday afternoon, 
the new Fulton county grand jury was sworn in by Judge 
W. D. Ellis Monday morning. In his charge to the members 
the Judge impressed on them the necessity for considering 
the Phagan case before all else if they should be called upon 
to take up a charge against a man accused of murdering the 
little girl. 

In referring to the case the judge said: 

"The Mary Phagan case calls for your immediate and vigor- 
ous attention. The power of the state is behind you. What 
appears to be an awful crime has been committed, and the wel- 
fare of the community, the good name of Atlanta, public jus- 
tice and the majesty of the law demand at the hands of this 
grand jury and of all officers of the law the most searching 
investigation and the prompt bringing to trial of the guilty 
party. ' ' 

At 2:30 o'clock Monday afternoon the coroner's jury took 
up anew its probe of the murder of Mary Phagan. Leo M. 
Frank was the first witness called. For three hours and a half 
he stayed on the stand, telling a complete story of where he 
was and what he did on the day of the murder, alternately in- 
terrupted by questions on the part of the coroner, Solicitor 
Horsey, and Chief Lanford. 

33 



The only other fitnesses examined during the afternoon 
were Mr. and. Mrs. Emil Selig. at whose home thr- Franks lived, 
Selig being Frank's fainer-in-law. 

Frank firsl testified that to had t'ormeriy lived in Brook 
lyn, X. v., that he left )'»ro.>k!; : a in October, 1907, that he 
went abroad, and returning to the United StataS, wem to 
work for tlii; National Pencil company; where he came to In- 
general superintendent. 

lie said in that capacity his duties were to iook aftfer tin- 
purchase of material insped costs, see thai orders 
were properly entered and filled, and look after the produc- 
tion hi general. 

Frank to!d how he tame down to the factory as usual 
Saturday morning and of the eustomarj routine there until 
the hour oi noon bis work lightened somewhat owing to the 
fact that the day was a holiday and there were only eleven 
people in the factory. 

He told how shortly after .'diss Hall the stenogra- 

pher and Alonzb Mann the i Efioe boy, left the building, when 
he started copying orders in the shipping requests. He said 
that at that, time, fee knew, there was no one left 

in the office, 

'About 12:10 or 12:05/' said Frank, "this little girl who 
was killed came up and got her envelope. [ didn't sec or 
hear any one with her. 1 didn't hear her speak to any one 
who might have been outside. 1 was in toy office working 
at the orders when she came up. 

"1 don't remember exactly what she said. 

"I looked up, and when she foul me she wanted her en- 
velope, 1 handed it to her. Knowing that the employes would 
be coming in for their pay envelopes, I had them all in the 
cash basket beside me ,to save walking to the safe each time." 

Frank said he didn't know .Mary I'hagan's number. He 
said each envelope had the employe's number stamped pn it, 
He admitted that be had looked up Mary Phagan's number 
since the murder, but. he had forgotten it again, he said, lie 
did not see her pay envelope ai'ter he handed it to her. He 
made no entry of the payment, on the payroll or any other 
ord, because none was reqnir< be. 

"The, girl left. She got to the outer door and asked if 
metal had ci 1 told her no." 

He explained that the PhagaoD child hadn't been working , 
since Monday because of the shortage in the metal supply. 

34 



There was $1.20 in the child's pay envelope, he said, part 
of it being for jvprk on Friday and Saturday of the previous 
week. He didn't know at what rate she was paid, he said, as 
he didn't open the sealed pay envelope. 

When she left he heard her footsteps die away in the hall, 
he said, and returned to his work, thinking no more about 
her. 

Frank said he knew the Phagan child's face, but didn't 
know her name. She stood partly behind his desk, he said, 
and he didn't notice the details of her dress, but thought the 
color was light. He didn't recall whether she wore a hat, or 
carried a parasol or purse, he said, and didn't see her shoes 
in- stockings, which, he said, were hidden by the desk. 

The girl reached his office between 12 :10 and 12 :15, he said 
and stayed there about two minutes. He thought her name 
was on the outside of the pay envelope, he said, but had iden- 
tified her by her number. 

No one else came into the" office while she was there, the 
witness said. In response to a question from the coroner, he 
said that he had told her she- had come almost too late. When 
she left he thought he heard her voice in the outer office, 
he said. He made no entry on the payroll after giving the 
girl her envelope, he said*. 

Frank then made a startling statement. It was that five 
or ten minutes after Mary Phagan left. Leirimie Quinn, foreman 
in tin' tip department, entered his office. Quinn stayed a 
few minutes, said Frank, they had some small talk, and the 
foreman left about 12:25 o'clock. He said that Quinn knew 
Mary Phagan. being head of the department in which the girl 
worked. 

lief ore Frank left the office he went up to the fourth floor. 
.ii"'.'iding to his story, where lie found Harry Denham and 
Arthur White and Mrs. White, the two boys being employes 
of the factory. 

Frank said he then went home, reaching there about 1 :20 
o'clock Saturday afternoon. About 3 o'clock, he said, he 
came hack to the factory. Shortly after, he said. White and 
Denham. whom he found working on the third floor on his 
return, left the building. White borrowing two dollars from 
him on his way down-stairs. He weril down-stairs after them, 
lie said, and locked the door. The rest of the afternoon. 
he said, he spent in work "on the financial sheet. He described 

35 



Lee's arrival ..•arly in the afternoon, how he told him to come 
back, and how, about 6 o'clock after the negro had returned, 
Gantt came and got his shoes. 

He then went home, he said, reaching there about 6:25 
o'clock. He told how he 'phoned Lee at the factory. Frank 
said he went to bed at 11 o'clock. He continued his story 
with what happened the following Sunday. 

Prank described his conversation with Lee at the poHce sta- 
tion on the Monday following the murder when detectives 
told him to interview the black and try to get a confession 
out of him. Frank said he told the watchman: 

"They know .you know something; they can swing us both 
if you don't tell." Just what the detectives had asked him 
to say. 

A little after 6 o'clock Frank descended from the stand. 
as unruffled by the terrific grilling and bombardment of ques- 
tions he had received as he had been before he testified. He 
stated to a reporter that he was not tired at all, and indeed, 
he did not appear to be, despite the trying experience. 

Emil Selig and his wife. Mrs. Josephine Se'jg, followed 
Frank on the witness stand. In effect they testified the same. 
that they saw Frank at dinner Saturday, at supper Saturday, 
that he went to bed about 11 o'clock, and that he had left 
for the factory when they awoke Sunday morning. - They 
did not infer that he appeared nervous at any time. 

At 7:20 o'clock the inquest adjourned until 9:30 o'clock 
Thursday morning. The intervening days were allowed in 
order that more witnesses might be subpoenaed and t lie state- 
ments made by Prank thoroughly investigated. 

Lemmie Qoinn, who had first told detectives that he had 
not been at the pencil factory at all Saturday, admitted that 
he was wrong. He said that he had forgotten his visit, that 
he had stayed but a short while, ami was only in Frank's 
office for a minute. He indignantly denied that he had been 
offered a bribe to protect Frank by his testimony. 

Thursday morning when the inquest resumed, six witnesses 
testified. They were Boots Rogers, Lemmie Quinn, Miss Co»-- 
inthia Halt, a factory employe; Miss Hattie Hall, stenographer 
at the factory; ,1. L, Watkins and Miss Daisy Jones. 

Though put through a searching examination by the cor- 
oner in an effort to break down his statement that he had 
visited the factory on the day of the tragedy shortly after 

36 



• I 



noon just after Mary Phagaa a supposed to have received 
her pay envelope and left, Quinn stuck to his story. 

"Boots" Rogers testified that Mr. Frank had changed the 
tape in the time clock while the officers were in the factory 
Sunday morning after the body of Mary Phagan had been 
found, and that he stated at the time that the sheet he took 
from the clock seemed to he correct Rogers also described 
Mr. Frank's manner when the officers went to his home in an 
automobile to take him to the factory Sunday morning. 

Miss Corinthia Hall, an employe in ti ->. testified 

that. Mr. Frank's treatment of the girls in the factory was 
unimpeachable. She also testified that she had me: Lemmie 
Quinn at a restaurant near the factory mar the noon hour 
Saturday. Iut statement being confirmatory of his visit to the 
factory on the lata! day. .1. L. Watkins testified that he had 
mistaken Miss Daisy Jones for Mary Phagan when he thought 
he saw Mary on the street near her home on Saturday after- 
noon about 5 o'clock. Miss Jones' testimony was also in this 
connection. 

At the afternoon session Thursday, Detective Harry Seott. 
of the Pinkertou agency, was one of the first witnesses eall< 
He followed Assistant Superintendent Sehiff, of the pencil 

factory, who was excused after short testimony. The most 
startling statement made by Seott was Unit Herbert Haas, 
one of Frank's attorneys, had requested him to withhold all 
evidence from the police until Haas himself had considered 

it. Seott said that he told Haas he would withdraw from the 
ease first. Seott said he was still employed by the pencil 

factory. 

Detective John Black followed Seott on (he stand and totd 
of finding a bloody shirt at Lee's home on the Tuesday af- 
ternoon following the murder. 

Newt Lee was recalled to the stand and said that when 
he and Prank conversed together at the police station that 
Frank told him. "If you keep that up, your story. Xewtt 
we'll both go to hell." He told of Frank's apparent nervous 
ness on Saturday afternoon. Asked about the bloody shirt. 
Lee said that if it was found at his house it must have been 
his; that a. "white lady" once made four shirts for him ; that 
if it was a "store bought" shirt it didn't belong to him. 

Frank was recalled to the stand and testified in regard to 
the elevator, the time clock, his work Saturday afternoon, his 
actions that night and Sunday morning, and general questions 
in regard In arrangements at the factory. 



i 



City detectives then called some character witnesses: Tom 
Blackstock, who said Frank was accustomed to "pick" at the 
factory girls and had placed his hands on them familiarly 

Miss Nellie Wood, of 8 Corput street, who said that she 
had worked about two years at the pencil factory, that Frank 
would come to her and put his hands on her "when it was 
not ca'led for," that he was too familiar and she didn't like 
it, that Frank had tried to pass it off as a joke and that she 
told him she "was too old for that;' 'and Mrs, C. D. Done- 
gan, of 165 West Fourteenth street, who said that she worked 
at the factory throe weeks ahout two years ago and that 
Frank had winked and smiled at the girls but "never any- 
thing more than that." 

The character witnesses concluded the afternoon's testimony, 
and every spectator in the court-room drew a long breath to 
think that at last the now famous Phagan case was to go 
to a body of men called together to pass upon it. 

It was then ten minutes pass 6 o'clock on the afternoon 
of Thursday, May 7, eleven days since Mary Phagan went 
to her death at the National Pencil factory. Coroner Done- 
hoo began to deliver his charge to the jury. He said: 

"You have heard the statement of the county physician. 
you have seen what caused death. Yon have seen the body 
and have heard the evidence in the ease, 

"It is your duty to inquire diligently as to how Mary Pha- 
gan came to her death. That was your oath. In case of 
unnatural death, you were to determine at whose hands death 
came. 

"You have heard the county physician say strangulation 
caused death. In determining who is guilty of the murder you 
turn to the evidence, and if you find that any oilier party is im- 
plicated or is attempting to shield the murderer, he is guilty 
in the same degree. 

"Your position in this matter is similar to that of a com- 
mitment court, not a trial court. 

"If there is a reasonable suspicion in your mind directed 
against any person or persons in connection with this crime, 
-it is your duty to hold them. You also can hold witnesses 
who are essential in trying this case. If you think anybody 
not actually connected with the case has important informa- 
tion bearing upon it you can hold them, 

38 



"If you believe any one Is concealing information it is your 
duty to commit that person as an accessory of the crime." 

The six men forming the coroner's jury filed one by one out 
of the door. The crowd waited. 

Before twenty minutes had passed back they came. The 
foreman stood up and announced the verdict. The coroner's 
jury had decided that Mary Phagan came to her death by 
strangulation and recommended that Leo M. Prank superin- 
tendent of the pencil factory and Newt Lee its nightwatch- 
inan, be held for investigation by the grand jury. 

"When the verdict was announced, Prank and the negro 
were at the tower, having been carried there as soon as the 
former concluded his testimony. 

At once Deputy Sheriff Plennie Minor carried the news 
to the prisoners, 

Frank Mas in the hallway of the tower reading an after- 
noon paper. The deputy approached him and told him that the 
coroner's jury had recommended that he and Lee he held 
for investigation by the grand jury. 

"Well, it's no more than I expected at this time," Frank 
told him. He made no further comment. 

Newt Lee was more visibly affected. When the news was 
broken to him he hung his head in a dejected manner and ap- 
peared very much depressed. 

"I didn't do it, white folks," he muttered again and again. 



CHAPTER IX. 

Dictograph Incident. 

The words "persecution and prejudice," which were to fig- 
ure so prominently at the trial of Frank, first commenced to 
be heard soon after the coroner's long inquest had ended. 

Then it was learned that Solicitor General Hugh M. Dorsey 
had become so interested in the case that he had hired private 
detectives to make an independent probe of the tragedy. It 
was then generally known, despite the fact that he had made 

39 






no formal announcement, that Dorsey w&a convinced thai 

Frank was guilty, and it was said that he had employed de- 
teetives not to work with open minds towards solving the 
mystery, but to seek only evidence against. Frank. 

While it was true in neither case, the same thing was said 
about the city detectives, and friends of the accused man com- 
menced to declare that be was persecuted because of his race. 
The Jews of Atlanta were then and are to this good day firmly 
convinced, or rather they say that they are convinced, that 
Frank is an innocent man. 

Xot as reticent as Dorsey, the city detectives freely declared 
that they were firm in the conviction that in Frank they bad 
the murderer. Continually, however, they protested that they 
were open to conviction and would follow to the hitter end 
any clue that presented itself, even though it pointed away 
from Frank. 

If the solicitor's detectives unearthed anything in the ease. 

it will probably remain a mystery, as they left the job after 
about 10 days and have never appeared in Atlanta again 

For several weeks after the coroner had committed Frank 
and Newt Lee to the tower as suspects, there were continued 
rumors that a young girl had been beard talking on street 
earners, and saying that she met Mary and waited outside 
the factory, while she went up and got a pay check from 
Frank. Finally the detectives Located the woman in question, 
and it developed that it was on the Saturday preceding the 
tragedy that she went to the factory with the girl who met 
her death there a week later. 

Cpl. Thomas B. Pelder, well known Atlanta attorney, and tin- 
man who incurred the undying enmity of Gov. Cole Blease 
of South Carolina, hy his prosecution of the famous (lis 
pensary graft cases, had announced shortly after the coroner's 
inquest that he had been employed hy citizens of BellWOOd 
(the district in which .Mary I'hagan lived) to find and prose 
cute the girl's murderer. 

He stated that in his opinion the murderer was really Leo 
M. Frank, hut declared that it -tfas necessary for the citizens 
of Georgia to hire detectives who '-could and would" solve 
the iqystery, and secure evidence enough to convict Frank. 
if he was guilty, or any other man if Frank was innocent. 

The colonel did not express a very high regard for < 
Lanford and the city detectives, and as to the Finkertons 
he quoted many rumors which said that they were working 

40 



not to solve the mystery, but to shield Frank. Col Felder 
was a personal friend of William ,1. Burns, and the latter 
had assisted him in his efforts to impeach Gov. Biease. 

Felder declared that it' the public would assist him by donat- 
ing to a fund that he would get Burns, who was then in Europe 
working on the Martin disappearance mystery, to come to 
Atlanta and take up the hunt for the factory girl's slayer. 
Subscriptions fame in rapidly, and on May 18 C. W. Tobie, 
"special investigator/' came to Atlanta to gather up the loose 
strings and pave the way for liis famous chief. 

Soon after his arrival. Tobie gave out an inteiVjew in 
which he said that liis theory of the crime coincided exactly 
with that then entertained by the city detectives. 

For about a week Folder and the Burns people were the 
figures of chief interest in the man hunt. 1". A. Flak, a New 
York linger print expert, was brought here by Solicitor Dor- 
sey. but had remained only for a day. and after examining 
I lie notes found by the body, declared that by handing them 
so much tlie detectives had destroyed a vita] elue. He could 
tell nothing about the notes because of the condition in which 
he found them, he said. 

('barges that a vast corruption fund had been raised to 
save Frank, guilty or innocent, were heard frequently at this 
time, although they were never sustained. 

It was charged that the Pinkerton operatives, employed by 
the pencil company, were '"double crossing" the city police; 
working with them simply to learn their secrets and report 
them to the attorneys for the defense of Frank. Another 
charge was that Felder and the Burns people, while posing 
as the man hunters, wrrr really employed by Frank's friends 
to shield him. 

The city detectives were suspicious of the Burns people, 
and not only failed to give them any assistance, but had 
every Burns operative shadowed. 

While their charges were never substantiated, the suspic- 
ions of the city detectives culminated in the dietographing 
of Col. Felder by agents in the employ of Chief Lanford. 

On May 23d the Atlanta Journal sprang the famous "die 
togniph sensation." devoting its entire front page to the 
"scoop ." 

Chief Lanford charged that Col. Felder had sought to bribe 
Q C. February, his stenographer, to steal! .certain affidavits 
i\u<\ papers in the Phagan ease. The dictograph records. 

41 



which were printed in full, are too lengthy to reproduce here. 
In substance tbe alleged records showed that Felder was ne- 
gotiating for the purchase of certain affidavits, which, it was 
alleged, would show up the city detective department, proving 
that the chief and some of the members were corrupt. 

February, it seems, acting under instruction, had led the 
attorney to believe that he could obtain certain papers in 
the Phagan mystery, which would prove corruption in the 
department. The deal was negotiated through A. S. Colyar, 
an adventurer formerly from Tennessee, who had known Fel- 
der during the dispensary graft probe. In the dictograph 
records Mayor James G. Woodward was also involved, it be- 
ing alleged that he sanctioned the alleged effort on the part 
of Felder to "get the goods" on the detectives. Nothing 
was accomplished by the dictograph exposure, although it led 
to a sizzling war of words between Felder and Lanford. 

This battle of vituperation resulted in a near physical com- 
bat between the two principals, when they met in the court 
house, hut deputy sheriffs prevented the actual passing of 
blows. It is claimed that Felder reached in his pocket at 
the time for a revolver, but when the charge was made before 
the grand jury, it failed to return an indictment. 

The net result of the grand jury's investigation of the sen 
sational dictograph incident was that it indicted Felder for 
libeling Lanford and Lanford for libeling Felder in their 
several published attacks on each other. 

While the Feldcr-Lanford controversy had little to do with 
the Phagan murder mystery, it served to intensify the public 
interest in the crime, and to make rumors that "unseen hands" 
were at work harder to down. 

Also it served to end the connection of the Burns detec- 
tives with the case. 

The war of words was at its height and the city detectives 
were trailing the Burns men even to their meals. 

' ' This is a hell of a family row and no place for a stranger, ' 
said Burns' investigator, Tobie, and he grabbed a train for 
New York. 

On Friday, May 23d, the Fulton county grand jury took 
np the consideration of a bill charging Frank with murder. 
The witnesses who were heard at the first day's session were 
Dr. J. W. Hurt, the county physician, whose evidence did not 
reach the public until the Frank trial; Police Sergeant S. L. 
Dobbs; B. P. Barrett, who discovered the blood on the second 

42 



floor of the factory and strands of a girl's hair near the 
same place ; Detective J. N. Stames and W. "W. Rogers. 

The second day's session of the grand jury resulted in 
the returning of a true bill, despite the fact that hundreds 
of people had declared that Frank would never be indicted 
for the crime. 

Among tne most important witnesses of the second session 
were Harry Scott, the Pinkerton, and -Miss Monteen Stover, 
The girl was a new figure in the case and a witness of mucli 
importance. 

She told the grand jury in substance that when going to get 
her pay check on Saturday, April 26th, she walked into Su- 
perintendent Frank's office at exactly 12:10 o'clock. 

The office was perfectly empty, she asserted, and expecting 
someone to come in momentarily she waited for five minutes. 
Failing to see Frank or any of the office force, she left the 
building and returned the following Saturday, when Pinker- 
ton operatives found her. 

The girl had not testified at the coroner's inquest, although 
'.ocated before the final session, and detectives admitted that 
they were saving her as a "star witness." 

Immediately after he located Monteen Stover, Harry Scott 
of the Pinkertons with John Black, of the city force, visited 
Frank at the tower and said: "Did you leave the office at any 
time between 12 and 12:50 o'clock, Saturday!" 
•No," answered Frank. 

"Think about it and be as positive as you possibly can," 
said Scott. 

"I am absolutely certain that I didn't leave my office from 
the time Miss Hall, my stenographer, left, until I went up 
to the fourth floor, to tell Arthur White's wife that I was going 
to lock the building," he replied. 

In other words, the girl came in at the exact time the state 
contends Frank was back in the metal room, choking the 
life out of Mary Phagau's body. 

The testimony of the girl was considered by the solicitor as 
of extreme importance. 

It was doubly valuable* because at that time it was the only 
flaw the police had found in Frank's story, as told at the 
inquest. 

Try as they would, they could not break it, for every] 
point that could be corroborated by witnesses, was found to 
be true. 

43 



Monteen Stover's .story was .considered a "' clincher" and 
the grand jury returned the true bill, when Scott followed 
her on the witness stand, and gave his story of Frank's repeat- 
ed assertions that he did not leave his office during the in- 
terval mentioned. 

Grand jury sessions are secret, but the testimony of every 
witness who went before the body, except Dr. Hurt's, was 
known to the public at. the time, and no facts except Monteen 
Stover's story, which were not placed before the coroner's 
inquest, were heard by the 23 men, who formally indicted 
Frank tor the crime. 

There were five Jews on the grand jury, an unusual num- 
ber for Fulton county, and before the indiecment was returned, 
there were many rumors that they would block it. 

However, if a single vote was cast against the bill, the fact 
never became known as every member signed the indictment. 

Frank had not expected an indictment, and had confident- 
ally to*d friends that a grand jury would never formally 
charge him with the crime. 

In his cell in the tower, however, he took the news quietly 
as he has taken practically every turn in the case. 

He took much consolation from the fact that a grand jury 
hearing is exparte and his side was presented by no one. 



CHAPTER X. 

Conley Enters Case. 

While the grand jury was considering the indictment of 
Frank, a new figure entered the case. 

The man in question was James Conley, a negro sweeper at 
the National Pencil Eactory, who from that time through the 
tedious trial which was to follow, was the dominant figure 
about which the state built its ease, and the man to whom the 
ciime itself was to he charged by the defense of Frank. 

Conley had been arrested while the coroner's inquest was 
in progress. E. F. llolloway, timekeeper at the factory, one 

44 



afternoon about 1 o'clock saw Conley washing a shirt. He 
said nothing to the negro, but quietly called for the detec- 
tives. 

When the police arrived some ten minutes later, Conley had 
dried the shirt, partially, and had the garment, still damp, on 
his back. 

"Come with me," said the polieeman. 

"Boss, 1 haven't done a thing," said the negro. 

"Why, you brute," answered the officer, "you were seen 
washing Mary Phagan'a blood off of the shirt you now have 
on." 

"Boss, that wasn't blood, it was jesl natcheral nigger 
dirt," said Convey. 

"Well, why were you washing it at this time of the day'/'' 
questioned the bhieco&t. 

"Well, deys done called me for a witness at the court, and 
1 didn't want to go around all those white people in a dirty 
shirt," Jim said and the officer believed him because every 
employe of the factory had been ordered that day to report 
before the coroner. 

But Jim was a negro, and the police couldn't afford to take 
chances so they locked him up and forgot about him for sev- 
eral weeks. 

Detective Harry Scott dropped in Jim's cell one day, and 
asked the negro to write a lew sentences for him. The de- 
tectives were working then ,as they were throughout the ease, 
on the handwriting clue. 

"Boss, 1 can't write a word," innocently responded the ne- 
£i-o, as he walked closer to the bars and begged the officer 
for a cigarette. 

Replying to Scott's questions, ihe negro gave a glib account 
of his movements on the Saturday of the tragedy, accounting 
for every minute and swearing that he had never been near 
the factory on that day. 

Nothing was thought of Jim Conley for a week or more, and 
then factory employes on the occasion of the many visits ef 
the detectives to the scene of the tragedy, informed that that 
Conley bore a bad reputation ; that he had been in the hands 
of the police repeatedly, and that once he hat been in the 
city stockade and worked on the streets in front of the 
factory. 

The detectives paid little attention to the statements of the 
factory people about the negro at first, as they were so certain 

45 



that he had had nothing at all to do with the crime, and in ad- 
dition they found that Conley was not well liked because 

had borrower! money fro my employe tiled to 

pay it back. 

Things dragged along until a few da, the ease 

against Frank was to be preaentei grand jury, and a'l 

of the sleuths were at a loss for new cIucn. 

One day Scott casually asked a young clerk at 
it Conley could write. The answer was ting 

through a desk he found a cohtra'CI to paj the installments on 
a watch, which Jim had signed. 

Realizing that Conley had lied about one tilar, the de 

tective thought it high); le that his story was a 

from start to finish. 

They started giving him the third degree- that third 
which was to later cause so much commenl ai tile trial. 

On May 23, Conley admitted, under the third degree, thai 
he had lied about not knowing How 10 write, hut swore thai 
lie knew nothing about the .Time. [In gave the officers a spe 
oitnen of his handwriting, and th startled by its siin 

ilarity to that found on the notes by the slain girlVt body. 

Saturday morning about 10 o'clock, however, Conley sent 
for Detective John Black. 

"Boss, F'se going to tell you the whole truth he 

said. 

"I did write them notes that you accuse me of writing, but 
1 did it because Mr. Frank told me to, and he said he was 
going to send them to his mother in Brooklyn, and that she 
would give me a job." 

"Go ahead," said the elated detective, '-and tell me all 
about it, Jim. Don't keep back a thing." 

"Well Friday evening about '.\ o'clock Mr. Frank comes 
to me and says 

"Hold on. Jim, you mean Saturday,'' interrupted the officer. 

"No, sir, Friday," said Jim. 

"Go ahead," returned Black, anxious to get as much of 
story as possible at that time, and knowing ti sould 

work on the obvious lies later. 

But the negro had practically told his story for the day. H< 
added many details, dec aiing that Frank gave him $2.50. 
which was in a cigarette box, when he had written the notes, 
and offered to get him a job with "wealthy relatives" in 

46 






Brooklyn, Black called Harrj Seotl in, and after they had 
written out rhe negro's statement fchd had it signed, they 
rushed tu the solicitor's office. 

The. grand jury was then in session considering - the indict- 
1 of Frank. 

Scott and Black wanted eh the indictment by patting 

.Jim Gonley befoft the grand jury and allowing that body t<> 
!.r;ir his story. 

Dorsey, ln>-,. re was enough evidence 

without the negro to Prank's indictment; and wishing 

ti> keep the i Beret, refused to put him on thr* 

witness stall 

His effort to keep the Bensation a Becrel was 5 H t i ! < . how- 
t'vrr, and before the grand jnry adjourned an extra Journal 
announced the startling news. 

Still Dorsey held that be eould get an indictment of Frank 
wifhoul the negro's story, and within a few hours it was 
known that he whs right. 

That afternoon Dorsey'bad a long conference with the negro 
and the del ei-i ivi-s. and a stenographic report of the conver- 
: < m was made. 

Qonley stuca to his story, although the detectives poi' 
out that, his story ■"wouldn't fit " and told hini that it showed 
premeditation on the ank and that there eould be 

no premeditation, where Such a crime is involved. 

mley swore repeatedly ihat he was telling t!ie whole truth, 
and tiio detective then thought that be would never change 
his story. 

Her waj Gonley told his story in the first affidavit: 

Slate of Georgia, County of Fulton: 

Personally appeared before the undersigned, a notary public. 
in :uu \ for the above slate and county. James i -,ho. 

ing- sworn on oath saj 

On Friday evening before t ho holiday, about four minutes 
to f o'clock, M- Prank come up the isle and asked me to 
eooie to bis office. That was the isle on the fourth floor where 
T was working, and when I nvn! down to the office he asked 
rue could I write and I told him yes 1 could write a little bit. 

and he give me a scratch pad and told me what to put on it, 

and told me to put on there "dear mother, a !ong tall black 

,, did this by himself." and he told me to write it two or 

e times on there. I wrote il on a white scratch pa.i. a 

brown Looking scratch pad, and looked at my writing and 

wrote on that himself, but when 1 went to his office he asked 

47 






me if I wanted a cigarette and I told him yes but they didn't 
allow any smoking in the factory, and he pulled out a bos 
of cigarettes that cost 15c a box, and in that box he had $2.50. 
two paper dollars and two quarters, and T taken one of the 
cigarettes and handed him the box back and he told me that 
was all right I was welcome to that for \ was a good working 
negro around there and thru he asked me where was Gordon 
Bailey (Snowha'l they call him) and I told him he was on 
the elevator, and he asked me if I knew the oightwatchman 
and I told hiin no sir 1 didn't know him, and he asked me 
if I ever saw him in tin* basement and I told him no sir 1 never 
did see him down there, but he could ask the fireman and 
maybe he could tell him more about that than I could, and 
then Mr. Frank was laughing and jollying and going on in 
the office, and I asked him not to take out any money for 
thai wateh man 1 owed, for I didn't have any to spare, and 
he told me he wouldn't, hut he would see to me getting some 
money a little bit later. He told me he had some wealthy 
people in Brooklyn, and then be held his head up and looked 
out of the corner of bis eyes and said "why should 1 hang?" 
and that's all 1 remember him saying to me. When 1 asked 
him not to take out money for the watch be said you ought 
not to buy any watch, for that wife of mine wants me to buy 
her an automobile, but he wouldn't do it; 1 never did see 
his wife. On Tuesday morning after the holiday on Sat 
urday. before Mr. Frank got in jail, he come up the isle where 
1 was sweeping and held his head over to me and whispered 
to me to be a good boy. and that was a'l he said to me. 

(Signed) .FAMES CONLEY. 

Sworn to and subscribed before me this 24th day of May, 
1918. G. C. FEBRUARY, 

Notary Public, Fulton County, Georgia. 

The detectives were highly elated, however, as they knew 
that they had in custody the writer of the murder notes. 

Lie out of the whole cloth as they thought his story might 
be. they were absolutely certain that his hand penned the notes. 
Handwriting experts had testified that in their opinion the 
writing on the notes was that of Newt Lee's, but it didn't 
take an expert to know beyond a shadow of a doubt that 
•lim Conley wrote, once they had a sample of his hand, and a 
sample of the murder notes before them. 

Detectives and students of the crime generally had re- 
peatedly declared thai 'The hand that wrote the notes tied 

48 



the cord around Mary Phagan's Deck," but the sleuths were 
sti'il unsatisfied, when they found that for weeks tlie.y had 
had the writer of the notes in custody. 

The mystery was clearing, but it was not solved. 

Conley was clearly the missing link in the chain, they said. 

No one believed that he was telling the whole truth. 

The story that Frank had t!n> notes written on Friday, plan- 
ning tlif crime, simply couldn't be swallowed. 

The suspicion t hat Cbnley himself might be the murderer, 
became stronger every hour and there was some talk about 
the saloons of a lynching bee. 

The detectives went after Conley again. 

The negro was up against the "third degree" ill earnest. 



CHAPTER X. 

"Conley in School." 

The "third degree" or the •school" was fruitful in Con- 
I'.v's case. 

The defense of Prank has declared that after the first day 
it was not a third degree that Conley went through, but a 
school, and the detectives, they say. were the instructors, 
putting the words in Conley 's mouth. 

At any rate, May 27th Conley made another affidavit. In 
this statement, which was made to Scott and Chief Lanford, 
Conley admitted that he wrote the notes, but declared that 
he went to the factory Saturday afternoon and found Mr. 
Frank there, and the latter called him. 

Conley again accounted for his whereabouts in the morn- 
ing, going into many details, and repeating those relative to 
the writing of the note, which were given in the first affidavit. 

Conley also added the statement that while he was writing 
the notes Prank walked nervously about the room, and look- 
ing up at the ceiling, exclaimed, "Why should I hang, I have 
wealthy relatives in Brooklyn." 

The negro asserted that he did not know then that Frank 
came to Atlanta from the New York city. 

49 



The detectives were satisfied with C'onley's second state- 
ment until they had had plenty of time to sit down and 
think it over. 

The negro had looked thorn squarely in tl and asserted 

that he had told everything, which be knew even though be 
realized that it might involve him criminally. 

But back at him they went again at noun of tin; following 
day. 

For mauy hours he was closeted in The office of ('hie 1 ' <> 
Detectives Newport Lanford, while a dozen newspaper men. 
who Imd gathered outside, clamored for news about the grill- 
ing, ('hid' pf Policy Beawera was eal'ed into the conference 
several times, 1ml He all refused to talk. 

By words that leaked through the doors, the reporter pieced 
together the negro's new story, lie had added 1 hat he helped 
dispose of the hody. 

The following day so many of the new sensations told b] 
Conley had been gleaned by energetic reporters that Chief 
Lanford decided to make the negro's third affidavit pul 
It follows in full : 

'V)h Saturday. April 26, 1913; token I came back to the 
!" in'il factory with .Mr. Frank 1 waited Cor him downs; 
like be told me, and when lo- whistled for me 1 went upstairs 
ami he asked me if I warded to make so me money right quick, 
and I told him yes, sir. and he (old nie that lie had picked up 
a girl back there and had le1 her fall and that her head hii 
against something— be didn't know what it was — and for me 
(o move her and 1 hollered and told him tin- girl was dead.' 

"And he to'd me lo pick her up and bring her to the eleva- 
tor, and I told him 1 didjn'1 have nothing to pick her lip with, 
ami he to'd me to go and look by the cotton box there and get 
a pieee of idoth and 1 .trot a big wide piece of cloth and come 
back then- to the men's toilet, win re she was, and tied her. 
and 1 taken her and brought her Up there to 8 little dressing 
room, carrying her on my right shoulder and she got too 
beavj For me end aha slipped oil" my shoulder and fell on the 
Moor right there at the dressing room, ami I hollered for Mr. 
Prink to come there arid help me; that she was too heavy for 
me. and Mr. Prank come down there and told me to 'pick her 
up, dam iV'ol.' and he run down there to me and he 
was ffxdt&d. and he picked her up by the feet. Tier feet and 
bead were sticking out of the c'oth, and by him being so ner- 
vous he let her feet fall, and then we brought her up to the 
elevator, Mr, Frank g her by the feel and me by the 

50 



shoulder, and we brought her to elevator, and then Mr. Prank 
mi vs. 'What, let me get the key,' and he went into the office 
and come back and unlocked the elevator door and started 
she elevator down. 

"'Mr. Prank turned it on himself, and we went on down to 
the basement and Mr. Prank helped ine take it off the eleva- 
tor and be toh! rue to take it back there to the- sawdust pile 
and I. picked it up and put it on my shoulder again, and Mr. 
Prank lie went up the ladder and watched the trapdoor to 
see if anybody was coming, and I taken her back there and 
taken the cloth from around her and taken her hat and shoes 
which 1 picked up upstairs right where her body was lying 
and brought, them down and untied the cloth and brought 
them back and throwed them on the trashptle in front of the 
furnace and Mr. Frank was standing at the trapdoor. 

lie didn't tell me where to put the thing. I laid her body 
down with her head toward the elevator, lying on her stom- 
ach and the left side of her fkee was on the ground/the right 
side oi her body Was up and both anns were laying down with 
jut body by the side of her body. Mr, Prank joined me back 
of the elevator and he stepped on the elevator when it got to 
where he was. and he said, 'Gee, that, was a tiresome job,' and 
I told him his job was not as tiresome as mine was, because 
i had to tole it all the way from where she was lying to the 
dressing room and in the basement from the elevator to where 
I left her. 

"Then Mr. Frank hops off the elevator before it gets even 
with the second floor and he makes a stumble and he hits the 
Moor and catches with both hands and he went around to the 
sink to wash his hands and I went and cut off the motor and 
1 stood and wailed for Mr. Prank to come from around there 
Washing bis hands and then we went on into the office and 
Mr. Frank, he couldn't hardly keep still. He was all the time 
moving about from one office to the other. Then he come 
back into the stenographer's office and come back and told 
me, 'Here eome Emma Clark and Corinthia Hall,' I under- 
stood him to say and he come back and told me to come here 
and he opened the wardrobe and told me to get in there, and 
! was bo slow about going he fold me to hurry up, damn it, 
Mr. Prank, whoever that was come into the office, they 
didn't, stay so very !>Ong till Mr. Frank had gone about seven 
or eighl minutes, and I was still in the wardrobe and he never 
had come to let me out, and Mr. Prank comeback and I said: 
•Goodness alive, you kept me in there a mighty long time,' 

51 



and he said: "Yes, see 1 did; .you arc sweated.' And then 
me and Mr. Frank Bat down in a chair. Mr. Frank then took 
out a cigarette and he give me the box ;uui asked me did I 
want to smoke, and I told him, 'Yes, sir,' and I taken the 
box and taken out a cigarette and he handed me a box of 
matches and I handed him the cigarette box and he told me 
that was all light 1 could keep that, and then I told him he 
had some money in it and he told me that was all right I could 
keep that., Mr. Frank then asked me to write a few lines on 
that paper, a white scratch pad he had there and he told me 
what lo pot on there and 1 asked him what he was going to 
do with it and he told me to just go ahead and write, and 
then after I got through writing Mr. Frank looked at it and 
said it was all right, and Mr. Frank looked up at the top of 
the house and said. ' Why should I hang? I have wealthy peo- 
ple in Brooklyn,' and I asked him what about me and he told 
me that w.ts all right about me, for me to keep my mouth shut 
and he would make everything all right. 

"And then 1 asked him where was the money he said he 
was going to give me, and Mr. Frank said, 'Here is $200,' and 
he handed me a big roll of greenback money and I didn't 
count it, I stood there B little while looking at it in my hand 
and I told Mr. Frank not to take out another dollar for that 
watch man I owed, and he said he wouldn't — and the rest is 
just like I told you before. The reason I have not told this 
before is I thought Mr. Frank would get out and help me out, 
but it seems that lie is not going to get out, and I have decided 
to tell the whole truth about the matter. 

"When I was looking at the money in my hand, Mr. Frank 
.said: 'Let me have that and I will make it all right with you 
Monday if 1 live and nothing happens.' And he took the 
money back and I asked him if that was the way he done, and 
he said he would give it back Monday. <- 

"JAMES CONLEY." 

Sworn to and subscribed before me the 29th day of May, 
1913. G. C. FEBUARY, 

Notary Public, Fulton County, Ga. 

Conley explained his presence at the factory by saying 
that on Friday afternoon Frank instructed him to meet him 
near Montag Bros., where he went every day, and come to 
the factory to do extra work. He arrived there about 11 
o'clock, he told the officers, and met Mr. Frank, behind whom 
he walked back to the factory. 

52 



Prank had then told him to wail downstairs until he wai 
called. He waited and fell asleep, he asserted. 

That day at noon Conley was carried to the pencil factory 
by a half dozen detectives. In their presence and in the 
presence of a number of newspaper men and several of the 
factory employees, he dramatically re-enacted his part in the 
crime. 

The negro was repeatedly questioned by the dettctives as 
he went through the factory, and he answered them rapidly, 
glibly, and without a moment 'a hesitation. 

In pointing out the place where lie found the body, where 
he dropped it, where he got the saens, and other points, the 
negro didn't hesitate, and half the time the detectives had 
to trot to keep up with him. 

Following the "illustrated Lecture" on his part in the crime 
and his recitals of the conversations, which he said took place 
between himself ami Frank he was carried to the superinten- 
dent's office, where he got into the wardrobe. Later he wrote 
mie of the notes from dictation. 

There in the presence of the newspaper men Chief Lanfqrd 
asked the negro if he had been mistreated during his stay at 
headquarters, and he anekered in the negative. Asked by the 
Chief if he had been promised elemeney or offered any reward 
for the story, be again said no. 

From the factory Conley was carried, not hack to police 
headquarters, where he remained from the lime he was 
arrested, but to the county jail, commonly known as the 
Tower, where the sheriff is in charge and the police and de- 
tectives have no authority. 

Visitors were allowed to see Conley, whenever he did not 
object to their presence, and a number of reporters inter- 
viewed him. 

After he had been In the Tower two days, Win. Smith, an 
attorney first employed by a newspaper to represent the ne- 
gro but who later remained as counsel employed direct by 
Conley, secured the court's agreement to return the negro to 
police headquarters 

'he negro charged through his attorney that friends of 
rrank were constantly pasing by his cell, and that they had 
abused him, saying that he was lying, and that one had even 
drawn a pistol on him and threatened his life. Another, he 
•aid, had offered to get him whiskey. 

53 



After Conley was carried back to the station house, the so- 
licitor general made strenuous kicks about the amount of 
publicity given the negro's statements and requested the de- 
tectives to keep all visitors away from his cell. 

There was then an order passed that barred everyone from 
his ce'l except city detectives. This" meant Harry Scott, the 
Pinkerton, who had given such valuable aid to the poliee, but 
who frankly admitted that he was furnishing reports of all 
developments to his employer, the National Pencil Company. 

While the order did not include them, it resulted in vir- 
tually barring from his eel!, all policemen and detectives ex- 
cept the heads of the department and Detective Starnes and 
Campbell, who were then working directly under the instruc- 
tions of Solicitor Dor 

From that moment until lie took the witness stand at the 

trial the public heard no more from Jim Conley; and it was 

generally believe; that he had stuck to his third story until 

ply to the So"icitor's question at the trial he commenced 

adding new sensations. 



CHAPTEB XI |. 

Racial Prejudice Charge. 

"Conley is guilty. He is the real murderer, not Prank, and 
he is seeking to savi >wn black skin by charging the 

crime to the factory superintendent." 

Those were the words shouted by hundreds of Atlantians 
for 'he first lew d&J the negro had made his sensa- 

tional affidavits, and of course the friends of Frank shouted 
the charge against the negro loudest. 

"What's the matter with the detectives?" asked those who 
thought the negro not an accessory, but a principal in the 
crime. "What's the matter with Dorseyt Why doesn't he 
make a move?" 



-> 



Dorsey remained calm and quiet tinder the criticisms, and 
the detectives clung to the theory that Prank was the mur- 
derer, and generally they accepted the story of Jim Conlev 
as being the truth, if not the whole truth. 

"Dorsey is prejudiced against the Jew, and so are the de- 
tectives." This was a statement which one cou'd hear during 
those turbulent days on every streej corner in Atlanta; in 
every saloon; in every club and everywhere men gathered to 
discuss the great murder mystery. 

The detectives continued to cling to their theory, and the 
storm of criticism didn't nun.' the solicitor general. 

It was not without, its effect, however, and the same granct 
jury which had indicted Prank Mary Phagan murder 

sought to indict the negro for the same crime. It' it had 
Prank would probably never have faced a trial for his life. 

But Dorsey stood firm, and at every grand jury meeting he 
blocked the efforts to indict the negro. 

"We have Coniey Locked up," he told the grand jiiiyi i 
"and he has no more chance of escaping now than he would 
have if charged with the murder. NFo bond will be big enough 
to get him out of jail. Frank is already indicted, and 1 am 
firm in my conviction that he is guilty of the crime. If I am 
wrong, a jury <>t' twelve men will no! eonvict him, and I 
there will be .doty of time to talk aboul indicting Coniey." 

Several of the grand jurors were determined to indict the 
negro and Dorsey continued bis protests. "I am absolutely 
certain that an indictment of Coniey can do no good and it 
may cause a miscarr justice. 

"In addition, I promise you this. If I remain solicitor g< 
eral, Frank will go to trial before Coniey." 

Finally the grand jurors took a vote on the advisability of 
causing the evidence against Coniey brought before tb 
Dorsey won his point. 

The feeling over the matter was so hitler that, one member 
of the grand jury immediately went before the superior court 
and resigned from the body, declaring that it was prejudi 
Before Prank actually came to trial another grand jury 
empaneled, and over the solicitor's vigorous protest, W. D. 

Beattie, its foreman, called a a ting to consider the Coniey 

matter. 

l 55 * 



There was another hard and bitter fight, but again Dorsey 
eame out victor. The cry that he was prejudiced became 
louder, but Dorsey went along undisturbed, devoting practi- 
cally his entire time to the preparation of the case against 
Frank. 

Shortly after Frank was indicted there came an incident 
that intensified the hatred of the Frank sympathizers for 
Dorsey. 

He heard in a roundabout way that Albert McKiiight. hus- 
band of Mineola, eopfe for the Selig family, had sensational 
evidence in aer possession relative to the actions of Frank at 
home and statements alleged to have been made by members 
of liis family. He sent for Albert, and instructed one of his 
bailiffs to bring Mineola to his office. This was on May 3rd. 
Albert told the solicitor a sensational story in the presence 
of his wife, but she refused to corroborate it. Detectives 
Starnes and Campbell were present at the conference. They 
questioned the solicitor general about incarcerating her until 
they were satisfied that either she or her husband was lying. 
The solicitor said that it was not in his province to order her 
incarcerated, but told them to do whatever they thought best. 

They decided to lock her up, and the negress, screaming 
and fighting, and practically in hysterics was led to a waiting 
patrol wagon from Dorsey 's office. 

She remained until June 3rd, when about noon, when in 
the presence of Attorney eGorge Gordon, who was retained 
to represent her by some unknown party, she made the fol- 
lowing affidavit : 

STATE OF GEORGIA, County of Fulton: 

Personally appeared before me, a notary public in and for 
the above state and county, Minola McKnight, who lives in 
the rear of 351 Pulliam street, Atlanta, Ga . who. being duly 
sworn, deposes and says: 

Saturday morning, April 26, 1913, Mr. Frank left home 
about 8 o'c'ock, and Albert, my husband, was there Saturday 
too ; Albert, got there T guess about a quarter after 1 and was 
there when Mr. Frank come for dinner, which was about half 
past one. but Mr. Frank did not eat any dinner and he left 
in about ten minutes after he got there. 

Mr. Frank come back to the house at 7 o'clock that night, 
and Albert was there when he. got. there. Albert had gone 
home that evening, but he come back, but I don't know what 

56 



time he got there., but he come some time before Mr. Frank 
did, and Mr. Frank eat supper that night about 7 o'clock, 
and when I left about, 8 o'clock T left Mr. Frank there. 

Sunday morning I got there about 8 o'clock, and there was 
as automobile standing in front of the house, but 1 didn't pay 
any attention to it, but I snw a man in the automobile get a 
bucket of water and pour into it. .Miss Lucile (Mr. Frank's 
wife), was down stairs, and Mr. and Mrs. Selig were up stairs. 
Albert was there Sunday morning, but I don't remember what 
time he got there. When I called them down to breakfast 
about half past eight i found that Mr. Frank was gone. Mr. 
and Mrs. Selig eat breakfast and Miss Lucile didn't eat until 
Mr. Prank come back and they eat breakfast together. I 
didn't hear them stay anything at the breakfast table, but after 
dinner I understood them to say that a girl and Mr. Frank 
were caught at the office Saturday. 

I don't know who said it. but Miss Lucile and Mr. and 
Mrs. Selig and Mr. Frank was standing there talking after 
dinner. I didn't know the girl was killed until Monday even- 
ing. I understood them to say it was a Jew girl, and T asked 
Miss Lucile, and she said it was a Gentile. 

On Tuesday Mr. Prank said to me, "It is mighty had, Mi- 
uola, I might have to go to jail about this girl and I don't 
know anything about it." 

1 heard Mrs. liairzin Mrs Frank's sister, tell Miss Luflile 
that it was mighty bad. and Miss Lueile said. "Ye*, it is. ! 
am going to get after ber about il." I don't know what tlie.\ 
were talking about. 

Sunday Miss Lueile said to Mrs. Selig that Mr. Frank didn't 
sleep so good Saturday night. She said he was drunk and 
wouldn't let her sleep with him and she said she slept on the 
floor on the rug by the bed because he was drinking. Miss 
Lucile said Sunday that Mr. Prank told her Saturday night 
that he was in trouble, that he didn't know the reason why 
he would murder, ami he told bis wife to get Jiis. pistol and 
let him kill himself. 1 heard Miss Lucile say that to Mrs. 
Selig. It got away with Mrs. Selig mighty bad, but she didn't 
know what to think. I haven't heard Miss Lucile say whether 
she believed it or not. I don't know why Mrs. Prank didn't 
eome to sr,- her husband, but it was a pretty good while be- 
fore she come to see hint, maybe two weeks. She would tell 
me, ''Wasn't it mighty bad that he was locked up," and she 
said "Minola, 1 don't know what I am going to do." 

57 



"When I Left, home to go to the solicitor general's office, 
they told me to mind what 1 said. They paid me $3.50 a, 
week, but last week she paid me $4, and one week she paid 
me $6 50. But at the time of this murder I was getting $3.50 
a week, and the week right, after the murder I don't remem- 
ber how much t!n>y paid me. The next week $4, and the next 
week $4. One week Mrs. Selig gave me $5, but it was not for 
my work, and they didn't toll me what it was for. They just 
said, 'Here is $5. Minola,' hut of course I understood what 
they meant, but they didn't tell toe anything at the time. I 
understood it was a tip l'or me to keep quiet. They would 
tell me to mind how 1 talked, and Miss Lucile would give me 
a hat," 

Question: Was that the reason you didn't tell the solicitor 
yesterday all about this — that Miss Luei'e and the others had 
told you not to say anything about what had happened out 
there!" 

"Yes, sir." 

Question: "Is that fcrttef" 

"Yes, sir." 

Question: "And that is the reason why you would rather 
have been locked ap last night than tell this?" 

"Yes, sir." 

Question: "Has Mr. Pickett or Mr. Craven or Mr. Camp- 
bell or myself (Detective Starnes evidently), influenced you 
in any way or threatened you in anv way to make this state- 
ment!" 

"No, sir." 

Question: "You make it of your own free will and accord, 
in their presence and the presence of Mr. Gordon, your at- 
torney?" 
■Yes, sir." 

(Signed) '• MINOLA M 'KNIGHT." 

"Sworn tS" and subscribed before me, this third day of 
June, 1913. (Signed) G. C. FEBUARY. " 

Almost immediately alter signing the affidavit Minola was 
released from custody, and the following day she repudiated 
the affidavit, 

She declared that her husband had told a "pack of lies" 
on her, and thai the detective* bullied and browbeat her nu- 
til in sheer desperation she agreed to sign any paper they 
might fix up for her. 

58 



r 







k*. 



MRS. LUCILE FRANK. 



The arrest of the eook brought forth ttie first statement 
from Mrs. Lucile Selig Frank, wife of the accused, and daugh 
ter of one of the most prominent Jews in the South. 

Tn her statement she flayed the solicitor general and the 
detectives in no uncertain tonus. She said: 

"The action of the solicitor general in arresting and im 
prisoning our family cook because she wonld not voluntarily 
snake a false statement against my innocent husband, brings 
a limit to patience. This wrong is not chargeable to a detec- 
tive acting under the necesity of shicldng his Awn reputaton 
against attack in newspapers, but of an intelligent, trained 
lawyer, whose sworn duty is as much to protect the innocent 
aR to punish the guilty. My information is that this solicitor 
lias admitted that no^rime is charged against this cook anil 
that he had no legal right to have her arrested and imprisoned, 

"The following statement from The Atlanta Journal under- 
takes to give tbe history of the arrest up to the time the wom- 
an was carried to the police station in the patrol wagon, weep- 
ing and shouting in a hysterical condition : 

" 'The negreas was arrested at the Selig residence shortly 
alter noon Monday upon the order of Solicitor General Hugh 
M. Horsey. 

" 'Shfi was carried to the solicitor's office and that official 
with Detectives Starues ;ind Campbell examined her for more 
than an hour. The woman grew hysterical during the rigor- 
ous examination, and finally was led from the solicitor's office 
to the police patrol, weeping ami snooting: I am going to 
haii<; and don'l know a thing about it.' 

"They tortured lu-r for four hours with the wcll-Uiiuwn 
third degree process, in the manner and with the result, stated 
in The Atlanta Constitution of June 4. ns follows: 

" 'Her husband, who was also carried to the police station 
at noon, was freed a short while before his wife left the prison, 
lie was preset during the third degree of four hours, under 
which she was placed in the afternoon, lie is said to have 
declared, even in the presence of his wife, that she bad told 
conflicting stories of Frank's conduct on the tragedy date. 

" 'After she had been quizzed to a point of exhaustion, Sec- 
retary G. < '. IVbuary. attached to Chief Lanford's office, was 
summoned to note her statement in full. 

"'It was the longest statement made by the woman since 
her connection with the mystery. It will be used, probably. 
in the trial. The negress was calm and composed upon emerg 
ing from the, examination.' 

60 



A 






"That the solicitor, sworn to maintain the taw, should thus 
falsely arrest one against whom he has no charge and whom 
he does not even suspect, and torture her contrary to the 
laws, to force her to give evidence tending to swear away the 
life of an innocent man, is beyond belief. 

"Where will this end? My husband and my family and 
myself are the innocent sufferers now, but who wi'l be the nest 
to suffer? T suppose the witnesses tortured will be confined 
to the class who arc not able to employ lawyers to relieve them 
from the torture in time to prevent their being forced to 
give false affidavits, but the lives sworn away may come from 
any class. 

"Tt will be noted that the plan is to apply the torture un- 
til the desired affidavit is wrung front the sufferer. Then 
it ends, but not before. 

"Tt is to be hoped that no person can be eon vie ted of mur- 
der in any civilized country on evidence wrung from witne 
by torture. Why. then, does the solicitor continue to apply 
the third degree to produce testimony? How docs he hope 
to get the jury to believe it'.' Ha can have only one hope, aud 
that is to keep the jury from knowing the methods to which 
he has resorted. 

"Of course, if he can torture witnesses into giving the kind 
of evidence he wants against my innocent husband in this case. 
hc_ can torture them into giving evidence against any other 
man in the community in either this or any other case. T can 
lily one hope. And that is, to let the public know exactly 
what this officer of the law is doing, and trust, as I do trust. 
to the sense of fairness and justice of the people. 

"It is not surprising that toy cook should sign an affidavit 
to relieve herself from torture that had been applied to her 
for four hours, according 1o The Atlanta Constitution, 'to a 
point of exhaustion.' It would be surprising if she would 
not, under such circumstances, trivc an affidavit. 

"This torturing process can be used to produce testimony 
to be published in the newspapers to prejudice the ease of 
anyone the solicitor sees fit to accuse. It is also valuable to 
prevent anyone stating facts favorable to the accused, because 
as soon as the solicitor finds it out he can arrest the witness 
and apply the torture. It is hard to believe that practices of 
this nature will be countenanced anywhere in the world, out- 
side of Russia. 

61 







"My husband was at home for lunch and in the evening at 
the hours he has stated "on the day of the murder. He spent 
the whole of Saturday evening and night in my company. 
Neither on Saturday, nor Saturday night, nor on Sunday-, nor 
.at any other time, did my husband by word or act, or in any 
other way, demean himself otherwise than as an innocent man 
lie did nothing unusual and nothing to aroiise the slightest 
suspicion. 1 know him to be innocent. There is no evidence 
against him. except that which is produced by torture. Of 
course, evidence of this kind can be produced against :m« 
human being in the world. 

"I have been competed to endure without fault, either on 
the part of my husband or myself, more than it falls to the 
lot of most women to bear. Slanders have been circulated iu 
the community to the effect that my husband and myself \vere 
not happily married, and every conceivable rumor has been 
put afloat that woidd do him and me harm with the public, in 
spite of the fact thnt all our friends are aware that these 
statements are false, and all his friends, and myself, know 
that my husband is a man actuated by lofty ideals that for- 
bid his committing the crime that the detectives and the so- 
licitor are socking to fasten upon him. 

, ''I know my husband is innocent. No man could make the 
good husband (o a woman that \u< has been to me and be a 
criminal. All his acquaintances know he is innocent, Ask 
every man that knows him and see if you can find one that 
will believe he is guilty. If he were guilty, does it not seem 
reasonable that you could find some one who knows him that 
will say he believes him guilty? 

"Being h woman. I do no1 understand the tricks and arts 
of detectives and prosecuting officers, but I do know Leo 
Frank, and Ins friends know Siim. and 1 know il "<l M ' s friends 
know that he is utterly incapable of committing the crime 
that these detectives and this solicitor are seeking to fasten 
upon him. -Respectfully youis, 

"MBS. LEO M. FRANK. 

This was the first dfeeasioo in which the wife of the man 
Charged with the brutal murder 1 of 1h<> little factory girl, had 
figured at all prominently in the case. Despite the fact that 
at the trial the solicitor asserted that she did not go near 
her husband for two weeks after his incarceration, it is known 
by the writer that she appeared at police headquarters the 
day he was "detained." Friends persuaded her tq leave with 

62 



out seeing her husband, who at the time was surrounded by 
in \vspa|HT raeii find defectives, She did not go to the Tower 
for two weeks as during that time the newspaper camera 
brigade waited in ErofiJ of the place for her to appear. 
Mrs. Frank's statement brought this reply from the solicitor: 
"I have read the statement, printed in the At'anta news 
papers oyer the si filature Of Mrs. Leo M. Frank, and 1 have 
only to say. without in any wise taking iftsue with her prem- 
ises, as [ might, that the wife of a man accused of crime 
would probably be the last prison to learn all of the facts 
establishing bis guilt, arid certainly would be the last person 
to admit his culpability, even though proved by overwhelming 
evidence to the satisfaction of every impartial citizen beyond 
the possibility of reasonable doubt, 

•Since the disiuivi-iy of this crime I have rigidly adhered 
to my consistent policy of refraining from newspaper inter- 
views or statements with relation to the evidence upon which 
the state must depend to convict and punish the perpetrator 
of the crime, and it is my purpose to adhere steadfastly to 
Ibis policy, submitting to the jury of Fulton county citizens, 
to be selected under the fair provision of the law, the evidence 
upon which, alone, conviction or acquittal must 'depend. 

"A bill of indictment has been found by the grand jury, 
composed of impartial and respected citizens of this commun- 
ity, and as solicitor general of this circuit, charged with the 
duty of aiding in the enforcement of our laws by the prose- 
cuting of those indicted for vio'ating the law, I welcome all 
evidence from any source that will aid an impartial jury, un- 
der the charge of the court, in determining the guilt or inno- 
cence of the accused. 

"Perhaps the most unpleasant feature incident to the posi- 
tion of prosecuting attorney arises from the fact, that punish- 
ment of the guilty inevitably brings suffering to relations who 
are innocent of participation in the crime, but who must share 
the humiliation flowing from its exposure. 

"This, however, is an evil attendant upon crime, and the 
Court ami their officers cannot allow their sympathies for the 
innocent to retard the vigorous prosecution of those indicted 
for the commission of crime, for were it otherwise, sentiment, 
and not justice, would dominate the administration of our 
laws:. HUGH M. DOR.SEY." 

63 



Whil*- iii the time there was considerable sentiment against 
tin; solicitor and the detectives, they were not without their 
backers. Especially was Dorsev lauded for his stand by the 
laboring people of the city and of the state. The popular 
sentiment, especially among the working people, continued to 
grow against Frank, ft was charged that the newspapers of 
Atlanta, because of the insistence of advertisers, were not 
giving the state a fair deal in the Base. 

Tremendous influences were undoubtedly brought to hear 
in favor of the accused man, but every move on the part of 
his friends seemed only to add to the sentiment against him. 
.Sentiment by this time was recognized as a powerful factor 
in the case. 

The next sensation in tl ase came when Luther Z. Rosser, 

Frank's counsel, and a man of few words except in the court 
room, denounced Child' Lanford as insincere in his man-hunt, 
and openly he charged the crime to Jim Conley. 



CHAPTER XIII. 
Plants Charged to Frank. 

About the middle of June both sides commenced making 

preparations for Frank's trial, and it was even then a safe 
guess that it would lie the South 's greatest legal battle. 

Solicitor General Dorsey announced that he had retained 
Frank A. Hooper to assist him in the prosecution. Felder 
had dropped out of the case after the dictograph incident. 
Hooper was a recent comer to Atlanta and had never been 
pitted against the city "big" lawyers. However, he was for 
twelve years the solicitor of the Southwestern Circuit, and 
had made quite a reputation. Dor Bey's ability had been rec- 
ognized a year before, when he prosecuted Mrs. Daisy Grace, 
who was defended by John W. Moore and by Rosser. Al- 
though he lost the ease. Sic handled it in a masterly manner. 

64 



Reuben R. Arnold, probably the South "s greatest criminal 
lawyer, was retained to assist in the defense, ft is said that 
his fee was $12,500. Rosser remained as leading counsel and 
is alleged to have received a fee of $15,000. 

The trial was originally set on the superior court calendar 
for June 30th, but on June 24th Judge Ij. S. Roan called the 
attorneys before him and frankly told them that he had prom- 
ised to go to the seashore with -Mrs. Roan during the first 
week in July, and suggested postponing the ease. Both sides 
said they were ready (although they were not), but agreed 
after some discussion to a postponement, and the date of July 
28th was fixed for the trial. 

The defense by this time had let it be known that its theory 
of the case was that Conley had killed the girl on the first 
floor and chucked her down the BCUtt'e hole. To hear out 
this theory a more or less important discoverey is alleged to 
have been made. 

On May the 10th, L. P. MeWorth and a man named White- 
field, both Pinkerton operatives, who have since been dis- 
charged, were making a search of the factory. On the first 
floor near the point Jim Conley claims he sat and waited for 
Frank's call, they found the corner of a pay envelope, bear- 
ing the name Mary Phagan, and the parts of two numerals 

Also they found a bludgeon, with stains, which looked like 

blood, on it. Near the scuttle hole alleged blood stains had 

i found before., and near the point, where the part of a 

pay slip was found were several pieces of twine, knotted just 

like those found around Mary Phagan 's neck. 

The finds were made during the absence from the city of 
Harry Scott, field chief of the Pinkertons during the investi- 
gation. Reports were made at once to the defense, but not 
a word was said about the matter to the city poller, fco whom 
the Pinkertons had faithfully promised to make reports be 
fore they made them to the defense. 

On the return of Scott to the city he learned that the pay 
envelope, but nothing more, had been found, and he imme- 
diately informed the city police. 

The fact did not become public for son :s, but when 

it was learned that the envelope had been found Chief Lan- 
ford dismissed it with the cry plant, declaring that his men 
had searched the factory from top to bottom and would have 
found it had it been in the place the first few days after 
Mary Phagan was murdered. The [dace had been thoroughly 
cleaned, in addition, he said, by the factory officials. 

65 



A week or two after the part of a pay envelope was found, 
finger print experts examined it, but after they had used n'l 
known methods announced that they were unable to find any 
trace of a finger print on it. 

It was several weeks later that it became known that the 
bludgeon was also discovered near the place where Conley ad- 
mitted lying in wait. 

Chief Lanford declared that he was in ignorance of the 
discovery of the b'udgeon, but it was also dismissed as a plant 

Lanford severely criticized H. B. Pierce, superintendent of 
the Pinkerton agency for not acquainting the city officials of 
the alleged find. Before the trial commenced Pierce had left 
the city and the Pinkertons have now discharged him. The 
assertions of the city detectives that evidence was being 
planted caused another wave of sentiment against Prank. 

There was one other development of importance before the 
trial. W. H. Mincey, an insurance agent and school teacher, 
made an affidavit to the defense that on Saturday, April 26th, 
Conley confessed to him that he had murdered a girl that 
morning. 

Mincey asserted that late in the afternoon he was at the 
corner of Electric avenue and Carter streets, near the home 
of Conley. when he approached the black, asking that he 
take an insurance policy. 

The negro told him, he said, to go along, that he was in 
trouble. 

Asked what his trouble was, Mincey swore that Conley re- 
plied he had killed a girl. 

"You are Jack the ripper, are you?" said Minoey, 

"No," he says Conley replied, "I killed a white gir! and 
you better go along or I will kill you." 

After some words, Mincey says he left the be!iggeren1 ne- 
gro. The substance of Conley 's affidavit became public only 
a short time before the trial commenced, and while Mince) 
was teaching school at Rising Fawn, in North Georgia. 

Chief Lanford remembered that Minoey had called at pa 
lice headquarters while Conley was making one of his sensa- 
tional statements and asked to see him on the pretest that 
he wanted to identify a drunken negro he had seen the Sat 
urday of the tragedy. He made no intimation then, the chief 
asserts, of a confession, and after looking at Conley said that 
he could not identify him. 

66 



It suffices to say that Mincey, although brought to Atlanta 
on a subpoena, was never called upon by the defense to take 
the witness stand. 

It is said that Dorsey was "loaded for him" and had twen- 
ty-five witnesses who would try to impeach him. 
• Mincey, it is said, has written several books on "mind 
reading" and the solicitor had copies of the books, ready to 
use them in his cross examination. 

The general value of expert testimony is shown by an inci- 
dent of the case. Jim Conley had never admitted writing but 
one of the notes, so the solicitor continued to have both of 
them examined by experts. Six so-called experts were ready 
to go on the witness stand and swear that Frank, not Conley, 
had written both notes. Finally, in desperation, Dorsey took 
them to New York, where one of the country's best known 
experts declared that Jim Conley wrote both of them. On 
his return the solicitor forced the confession from the negro 
that he did write both notes. 



CHAPTER XIV. 

South 's Greatest Legal Battle. 

In anticipation of the great legal battle to come, a crowd 
began to collect in front of the court house shortly after day- 
light on the morning of Monday, July 28. At 8 o'clock, an 
hour before time set for the opening of court, the intersec- 
tion of Hunter and Pry or streets was black with people. It 
was with the greatestdifficnlty that a squad of police, abetted 
with a corps of deputy sheriffs, kept the thoroughfares open 
to traffic. Occasionally a car would grind up to the corner 
and stop whi '<"■ the human mass grudgingly opened and let. 
it by. Hundreds surged through the entrance of the red 
building and up the single short flight of stairs to the door 
of the room in which the trial was to be held. 

Inside, a dozen electric funs and a number of ozonator* 
had been installed to keep the air pure and the atmosphere 
as cool Rfl possible through the long, hot days to come. 

6q 



Benches had replaced the chairs and the seating capacity had 
been increased to two hundred and fifty. 

Only talesmen, attorneys, newspaper men. intimate friends 
of the prisoner and a few spectators were admitted. The wit- 
nesses summoned by the state, who numbered over one hun : 
dred, were assigned to a court room on the second floor to 
wait until they were called to testify. Among them were 
scores of factory girls, heads of departments, policemen and 
others who had knowledge of some phase of the case. 

Prank was brought from his cell in the Fulton county jail 
shortly before 7 o'clock. He was met by his mother, Mrs. 
Rae Frank, and his wife upon his arrival and spent the inter- 
vening hours until court convened chatting with them and 
other relatives. He appeared glad that his long wait in jail 
was at an end. He remarked that he expected an acquittal. 

He was led into the courtroom shortly before 9 o'c'ock and 
chose a seat directly in front of the judge's rostrum. His 
mother and his wife were seated on either side of him. 

A few minutes later Attorney Luther Z. Rosser, Reuben R. 
Arnold and Herbert Haas arrived. They were followed by a 
dozen assistants carrying documents and books of law. So- 
licitor General Hugh M, Dorsey, his special assistant, Frank 
A. Hooper, and Assistant Solicitor A. E. Stephens, were the 
last of the lawyers to appear. 

Immediately upon his arrival, Mr. Arnold, on behalf of the 
defense, announced that he was ready to proceed with the 
trial. Solicitor Dorsey stood ready to vigorously oppose a 
motion for a delay, 

Proinpaly at 9 o'clock Judge L. S. Roan mounted the hench. 
Sheriff Mangum and Chief Deputy Plennie Miner rapped for 
order and the hubbub in the audience ceased. A hush fell 
over the room. The famous trial had begun. 

The clerk of court began calling the names of the venire- 
men. This completed, eight panels of (we've each were or- 
ganized from the 144 talesmen summoned. One at a time the 
various squads marched into the jury box for the purpose of 
presenting excuses if they had any to offer. Several were 
dismissed by the court on various grounds. 

After this formality. Judge Roan instructed Solicitor Dorsey 
to call the names of the witnesses. They were brought down 
from their room upstairs and responded to roll call. Only the 
names of twenty-six of the actual material state witnesses were 



called. Solicitor Doraey announced that he had summoned 
many others, whose names he would announce later. 

He then called these: J. W, Coleman, stepfather of the 
murdered girl ; Mrs. J. W. Coleman, the mother of Mary Pha- 
gan ; George W. Epps. a newsboy ; Police Sergeant L, S. Dobbs, 
City Detective L. S, Starnes. W. W. Rogers, a court bailiff; 
City Detective John Black. Miss Grace Hicks, L, M. Gantt, 
Pinkerton Detective Harry Scott, City Detective B. B. Has- 
lett, E. P. Holloway. M. B. Darley, William A. Geesling, Dr. 
Claude Smith, city bacteriologist: Dr. J. W. Hurt, coroner's 
physician ; Dr. H. F. Harris, president of the state board of 
health, E. L. Parry.. E. S. Smith, Miss Monteen Stover. Albert 
McKnight, colored: Minola McKnight. colored: Miss Helen 
Ferguson, Mrs. Arthur White, L. Stanford. 

Three of the list did not answer. One was Detective Has- 
lett, who was announced to appear later. Another was Albert 
McKnight, negro, husband of Minola McKnight, who is cook 
at the Selig and Frank home. An attachment was issued for 
the negro. L. Stanford, the third witness who did not an- 
swer, it was stated, has received a subpoena to appear in court 
Tuesday. 

The name of James Conley, confessed accomplice to the hid- 
ing of the body, was not called. Solicitor Dorsey annonuced. 
however, that he had not abandoned his intention of calling 
him to the stand. 

At the instruction of Judge Roan, the defense then called 
the names of the following witnesses, all of whom responded: 

F. Segidly. Annie Hixon. Mrs. Levy, Mrs. Josephine Selig. 
Emil Selig, H J. Hensey, R II. Haas. W. H. Mincey who did 
not answer; J. T. Speer, E. F. Skipper, who did not answer; 
E. L. Sentell, Mae Barrett. G. H. Carson, Mrs. Rebecca Car- 
son, Harry Denham. Harry Gottheimer, Miss Corinthia Hall. 
Miss Hattie Hall, Mary Burke, Lemmie Quinn. Herbert J. 
Schiff Ella Thomas. C. B. Gilbert. Frank Payne, Eula Flow- 
ers .Alonzo Mann, Joseph Stegar. Ike Strauss. J. C. Loeb. L. 
J. Cohen, Emma Bibb, Mrs. Bessie White. Joe Williams, Wade 
Campbell, William MeKinley, J. E. Lyons. Dora Lavender. 
M. 0. Nix, Jerome Michael. Mrs. M. G. Michael, George W. 
Parrott, Mrs. M. W. Myer, Rabbi Marx, William Taylor, Mrs. 
Beatrice Taylor, Fred Weller. Mr. and Mrs. Charles Eisen- 
bach, Carl Wolfsheimer, Ed Montag. J. D. Fleming, T. T. 
Brant, Flossie Shields, Dora Small, Mrs. R. Freeman, Charles 
Leak, Mrs. Ike Strauss. Mrs. T. J, Cohen, Milton H. Cleveland, 

69 



Julia Fuss, Walter Pride, J. C. Matthews, W. B. Bowen, M. 
W. Meyer, A. E. Meyer. A. E. Marcus and Mrs. Marcus, A. E. 
Haas, Ike Haas, Leonard Haas, Leopold Haas, William Mon- 
tag, Ike Hirshberg. A. B. Levi, Burt Kauffmann, Eobert 
Schwa, Otto Schwab, William Rosenfie'd, Sidney Levi, Louis 
Elsas, J. C. Gerschon, George Gerschon, Walter Rich, B. Wil- 
dauer, Sidney Levi, Sol Samuels and Arthur Heyman. 

At 10:40 o'clock the first panel was called into court for 
examination. The twelve men took their seats in the jury 
box and Solicitor Borsey asked the usual formal questions of 
each: 

"Are you or your wives related by blood or marriage to 
the defendant, deceased or prosecutor?" 

"Have you from having seen the crime committed or hav- 
ing heard any of the testimony de'ivered on oath, formed or 
expressed any opinion as to guilt or innocence of the prisoner 
at the bar! 

"Have you any prejudice orbias resting on your mind either 
for or against the defendant? 

"Is your mind perfectly impartial as between the state and 
the accused! 

"Are you conscientiously opposed to capital punishment!" 

As each venireman qualified under those questions, the so- 
licitor would proceed with the usual legal formula, announc- 
ing "competent," and directing "Juror, look on prisoner. 
Prisoner, look on juror." 

Each member of the first panel was excused for cause or 
by peremptory challenges. The second and third pane's were 
more fruitful, however, each netting four jurors. A. H Hens- 
lee had the distinction of being the first "peer" chosen. He 
was passed by both sides at 11:40 o'clock. 

At 1:15 o'clock eleven jurors had been selected from the 
various squads of talesmen that were examined in quick suc- 
cession. The rapidity with which the box had been filled sur- 
prised everyone. As one after another the members of the 
eight and last panel expressed bias and prejudice, or declared 
that they already had a fixed opinion, it was feared, however, 
that it wou'd be necessary to summon another venire gf tales- 
men before the jury would be completed. The last man called. 
C. J. Bosshardt, was accepted. He was the 144th talesman 
and had he been disqualified it would have delayed the trial 
several hours. 

70 



The twelve men selected to decide Frank's fate were: M. 
Johenning, W. S. Woodward, J. T. Ozburn, A. H. Henslee, F. 
V. L. Smith, J. T. Higdon, Deder Townsend, W. S. Metealf, 
F. E. Winburn, A. L. Wisbey, Chas. J. Bosshardt, and W. M. 
Jeffries. All except Bosshardt were married. 

At 1:30 o'clock Judge Roan ordered a recess until 3 o'clock. 

Frank ate the first of a series of dinners in the ante-cham- 
ber in the rear of the court room. With him were his wife 
and mother and friends. At noon he seemed cheerful and de- 
clared that he was glad the tedious work of getting a jury 
was over. 

The jury, which had lunched in a down-town restaurant, 
was returned to the court room at 3 o'clock and five minutes 
later Mrs. J. W. Coleman, mother of the slain girl, was called 
to the stand. She was the first of the scores of witnesses who 
testified at the trial. As she stepped upon the p'atform and 
seated herself in the witness chair a hush fell upon the court- 
room. It was the first of many dramatic scenes of the trial. 
She was clothed in deep black. 

Talking slowly and in a voice that could scarcely be heard 
beyond the jury box, Mrs. Coleman, in answer to question put 
by the solicitor, told of last seeing her little daughter. Mary 
had helped her with the house work on the morning of Sat- 
urday, April 26, she said, and after partaking of a meal of 
cabbage and biscuits, had left home at 11:50 o'clock with the 
intention of going to the pencil factory to draw the $1.20 
due her for two days work. 

At the time, litt'e significance was attached to the testi- 
mony relating to the food the girl had partaken of. Later, 
this point formed one of the most vital issues of the whole 
ease because the content* of the stomach of the girl were used 
by the state to prove that she had been murdered within an 
hour after eating. 

Mrs. Coleman broke down on the stand and sobbed when 
called upon to identify clothes worn by her daughter. She 
regained her composure to such an extent that she was able 
to answer a few immaterial questions asked by defense law- 
yers, however. 

George Epps, a play-mate of the victim of the murder and 
one of the last people to see her alive, was the second witness 
called by the state in forging its chain of evidence. He told 
of riding to Forsyth and Marietta streets with the little girl 

71 



H 



and leaving her five minutes before she entered the pencil 
factory. It was agreed between them that they were to meet 
at 2 o'clock to view the Memorial day parade. She did not 
keep the appointment, the lad testified. 

Old Newt Lee followed the boy to the stand. For two hours 
Monday afternoon he withstood the grill of Luther Z. Rosser, 
at no time becoming confused or perturbed, and when court 
convened again Tuesday morning he remained in the witness 
chair under the merciless fire of questions three hours. He 
left the stand, his story unshaken. In quaint negro dialect, 
he described the finding of the body, told of calling the po- 
lice, of meeting Frank rubbiii« his hands in the pencil fac- 
tory on the afternoon of the murder. He was taken over 
and over his story several limes but avoided every trap laid 
for him by the shrewd cross examiner of the defense. 

"All I want is a chew of 'bacca — any kind," was his re- 
quest when he was led out of the courtroom. His comment 
on Luther Rosser was: "He's purty terrible. He sorter 
wants yo uto say things jes his way. But 1 was dere to tell 
de traf, an' 1 toV it." 

At adjournment Tuesday the state had laid the foundation 
for its case against the young factory superintendent. They 
had proved that she left home at 11 :50 o'clock and introduced 
witnesses to show that, she arrived at Forsyth and Marietta 
streets at 12:07 o'clock, or a few minutes before that time. 
They introduced witnesses to show that she went toward the 
pencil factory and that she probably never left the building, 
inasmuch as she never returned home and failed to keep later 
appointments. 

Several of the, policemen who answered the first call 
Newt Lee and went to the pencil factory and of iters who knew 
of the first steps in the investigation of the. officials, were called 
and told of the finding, the position and appearance of the 
body when they viewed it and the surroundings. 

During the fore part of the trial, Leo M. Frank's expres- 
sion of quiet confidence surprised every one that Haw him. 
He sat between his wife and his mother, both of whose faees 
were passive and emotionless, for the most part, with his arms 
crossed and his gaze centered on the .jury, the witness stand 
or one of the attorneys. He spoke little. His manner was not 
that, of indifference. Apparently he analyzed every piece of 
testimony entered against him and he seemed to comprehend 
all the legal questions that arose. 

72 



"Nerves" evidently were not in his uiake-up. Hfe was 
calm, cool and appeared .surf of himself and his cause. He- 
displayed no more anxiety than any of the spectators. As he 
sat, a few feet from the judge's stand at the left of his attor- 
neys, friends and relatives clustered behind him, he seemed 
the smallest man in the long, wide room. The jurymen in 
the box almost towered above him. He could just see the 
judge over the top of the rostrum. 

He was attired in a blue mohair suit and wore nose glasses 
which he wiped on bis handkerchief occasionally. He was al- 
most boyish in appearance. But his bearing had a firmness 
and determination which proved his years. 

Never once daring the long days to eome did he exhibit 
any more feeling than on the first two days of the trial. His 
manner was the same in victory as in defeat. The spectators 
might complain of the heat, the lawyers of long hours and 
hard work, the bailies of difficulty in handling the crowds that 
stormed the court room, but Frank was the same every day 
and every hour of the day. lie passed the time of day with 
a few of the newpaper men with whom he had come in con- 
tact in the first few days following his arrest before he en- 
tered into his three months' silence in the Tower. Further 
that thai, he would not go with reporters, and his wish was 
respected. 

Every morning in the jail he was up at 7 o'clock, took a 
bath and less than half an hour later accompanied Sheriff 
Mangum to the eonrt house. He was known as the most obe- 
dient prisoner in the jail. So great was the confidence of the 
county officers in him that he never was handcuffed on the 
rides from jail to court and court, to jail. He was permitted 
unusual freedom about the court room and never once did he 
violate an admonition of a guardian. 

Sheriff Mangum said of him: "He is the best prisoner I 
ever had. He does everything I tell him." 

He ate his breakfast, in fract all of his meals with the ex- 
ception of dinner in the evening, in an ante-room. In the 
mornings and at noons he always entertained from half a 
dozen to a score of friends. Among them were many of the 
prominent men of the city. The manner in which his acquain- 
tances clung to him through his many hours of need was one 
of the features of the whole ease. And all helieVed in his in- 
nocence. TTis employers, the men he worked with in the fac- 

7.'! 



tory, scores of women subordinates, all hotly proclaimed that 
he was a victim of circumstances and did not have the blood 
of Mary Phagan on his hands. 

Even the charge of moral perversion which was brought 
against hi mduring the trial did not' shake this confidence. 
Witnesees who accused him of improper relations with women 
employees of the factory were termed perjurers and women 
who late in the trial testified that he was not of good charac- 
ter were described by one of the accused man's friends as 
fanatics. 



CHAPTER XV. 



The State's Chain. 



Wednesday morning Solicitor Dorsey began to forge his 
chain of circumstantial evidence around the prisoner. R. P. 
Barrett, a machinist employed in the metal room where Mary 
Phagan was employed, told of his finding blood spots near 
the water cooler in this room and several strands of hair wrap- 
ped around the hand'e of a lathe several feet away. He said 
that the spots were smeared over with a white substance 
known as hascolene which is used on an eyelet machine. He 
found a broom near by which he said from its appearance 
looked as if it had been used to spread the fluid over the floor 
and conceal the blood. 

This was one of the most vital bits of testimony introduced 
by the state. On it the whole theory of the murder was based 
i — that Frank enticed his victim back into the metal room 
when she entered his office to get her pay and killed her when 
she refused to submit to his abuse. Barrett was later corrob- 
orated by James Conley, who said he dropped the body of 
the little girl on the spot where blood was found, when he 
carried her from the second floor to the basement at Frank's 
direction. Barett also told of finding a portion of a pay en- 
velope on the floor on the Monday morning after the murder. 



His testimony was vigorously attacked by the defense when 
it opened its case and by Attorneys Rosser and Arnold in 
their closing argument. They sought to show that he was 
over-anxious to find evidence. Attorney Arnold referred to 
him as "Christopher Columbus Barrett." His story was un- 
shakeu, however, and apparently was believed by the jury. 

Sergeant L. S. Dobbs, one of the party which was first led 
to the dead girl's side on the morning of the discovery of the 
body, told of the marks of dragging on the basement floor. 
The defense sought to show on cross examination that the 
distinct track did not begin at the elevator but a few feet 
away at the foot of the ladded leading from the scuttle hole 
in the first floor. Sergeant Dobbs, testimony was to the effect 
that indications of the dragging of the body began at the 
side of the elevator pit. 

City Detective J. N. Starnes, formal prosecutor of the case, 
was caled by the solicitor to testify to many important facts 
regarding the investigation of the city police. He told of 
\ewt Lee's re-enacting in pantomime the discovery of the 
body and declared that he was satisfied that the story told of 
the discovery of the body by the negro was true. The sleuth 
testified that on the morning after the discovery of the body 
Frank walked into the office of the pencil afctory and re- 
marked to General Manager Darley, "You see I've got an- 
other suit." This remark, the witnes testified, was later 
viewed by the police as significant inasmuch as the prisoner, 
who was at that time not suspected of the murder, called at- 
tention to a change of clothes on the day following the ki ling. 

Starnes testified that on Sunday morning Frank was ner- 
vous and "trembly." He also described the blood spots on 
the floor of the metal room aud swore that fifty feet from the 
elevator he found more blood on the head of a nail. He identi- 
fied the chips containing the alleged blood spots, which had 
been chiseled up from the floor. 

Frequent wrangles marked the first few days of the case. 
Legal points were constantly under debate and several times 
during the first week as well as later in the trial, the jury 
was excused. One of these wrangles occurred on the after- 
noon of Tuesday, July 29. Solicitor Dorsey sought to intro- 
duce in evidence a diagram of the pencil factory bearing a 
dotted line showing the route Conley asserted he took in car- 
rying the body from the metal room to the basement. The 
defense strenuously objected to the introductoin of this in evi- 

TB 



dence, complaining principally about the. key explaining th*> 
drawing. For an hour the four lawyers addressed the court 
for and against the introduction of this in evidence. It finally 
was allowed after the objectionable key had been removed. 

Wednesday "Boots" Rogers declared that Prank was "ex- 
tremely nervous" on the morning of April 27 when he drove 
to his home in an automobile with City Detective John Black 
to bring the superintendent to the scene of tin- crime. He 
said that Frank rubbed his hands continually, paced the floor 
noxiously and asked abrupt questions. 

The state sought to prove that Frank avoided looking on 
the face of the dead girl at the undertaking parlors. Rogers 
testified that the superintendent, when he arrived at the un- 
dertaking parlors, passed on through the room in which tin- 
body lay into another. He could not swear positively, how- 
ever, that Frank did not sec the corpse. Other witnesses called 
by the state corroborated Rogers. They were contradicted la- 
ter by Frank in his statement to the jury, the defendant 
maintaining that he saw the girl's face not only once, but 
twice on Sunday, April 27. 

Miss Grace Hix. sister-in-law of Rogers, who first identified 
the body, told of her trip to the morgue on the morning after 
the murder. The defense gained a point by an admission from 
her that the girls in the metal room frequently combed their 
hair over their machines and that there was a gas jet a few 
feet from the lathe on which Barrett discovered the strands 
of hair supposed to have been Mary Phagan's. The girl also 
testified that paint was kept in an adjoining room. She said, 
however, that she had never seen any spilled on the floor of 
the metal room. 

City Detective John Black occupied the stand several hours. 
He was subjected to one of the most mereilesa trillings of 
the entire ease at the hands of Attorney Rosser. The methods 
of the police department were held up for criticism and ridi- 
cule by the attorney and once or twice, under the fierce cross 
examination, Black appeared confused. (luce he admitted 
that he was muddled as to his facts. 

Black corroborated Rogers, Starnes and other witnesses who 
testified Frank was nervous on the morning ho was brought 
to the undertaking parlors and later to the factory. He also 
confirmed the testimony of Detective Starnes regarding later 
investigations of the police. Through him Solicitor Dorsey 
brought out the fact that the finding of the bloody club and 

7€ 



supposed spots on the floor near the scuttle hole leading to 
the basement had never been reported to the police by the 
Pinkerton agency, although the information had been placed 
in the hands of the defense attorneys. 

He testified also that Prank and others connected with the 
pencil factory had withheld from the police the information 
that Conley could write, although they attempted, the wit 
declared he believed, to divert suspicion toward others. 

During the cross-examination Attorney Itosser asked the de- 
tective about the bloody shirt that had been found at Newt 
Lee's house in a search instituted by the police. Black identi- 
fied the shirt, which was exhibited to the witness at the request 
of the defense, as one which he found in the bottom of a bar- 
rel at the negro's home. 

A stiff legal tilt followed the attempt of the defense to in- 
troduce testimony relating to the shirt. Solicitor Dorsey de- 
clared to the court that the state contended the shirt was a 
plant. Later in the trial he intimated that Frank had gone to 
the home of the nightwatchman on the Sunday following the 
murder and hidden the shirt. 

Dorsey brought out the point that the blood was on both 
sides o fthe shirt, in the examination of Black. He contended 
that it would have been impossible for it to get on the gar- 
ment in this manner if the garment were worn. 

Detective Harry Scott, of the Pinkerton Agency, which was 
retained on the case by the pencil factory company at the insti- 
gation of Prank, took the stand on the morning of July 31. 
He told of his visit to the factory on the Monday after the 
murder and of being shown over the factory by the man 
against whom he later helped to gather evidence. Among oth- 
er features which the solicitor attempted to prove through this 
witness was the fact that Frank had attempted to direct sus- 
picion toward Gantt. In reply to a question put by the solici- 
tor the witness replied that Frank had not told him that 
fiantt was acquainted with the murdered girl when he 
employed at the factory. Dorsey declared that he had been 
misled by the witness on this proposition when the defense 
attorneys objected to his attempting to bring this point out. 
Attorney Rosser contended that the prosecutor would have to 
declare to the court that he had been entrapped by the wit- 
ness before he could pursue this line of questioning. Dorsey 
refused to make the allegation but was later allowed to put 
the queries. 

77 



The intimation that he had been giulty of retieience brought 
a sharp retort from Detective Scott. Prom the stand he de- 
manded to know of the so icitor if he thought he was holding 
back information. The state's representative declared that 
he did not but contended that the detective had forgotten this 
detail. He then asked Scott: "Was any suggestion made to 
you subsequent to your employment about the withholding 
of evidence?" 

Scott replied: "About the first week in May, Mr. Pierce 
and 1 went to the office of HerbertJ. Haas, attorney for Prank, 
to hold a conference relative to the Pinkerton's position in the 
investigation. I told him that there was strong suspicion 
against Frank." 

The last sentence was ruled out. 

"After a conversation, Mr. Hftaa said that he would rather 
we would submit our reports ( to him before we did to the po- 
lice. We told him we would get out of the case before we 
would do that," 

Thursday afternoon, the fourth day of the trial, sevreal 
surprises were sprung. Mel Stanford, a youthful employee of 
the factory, testified that he had swept the floor o the metal 
room on the Friday preceding the murder and that the blood 
spots nor hascoiene were on the floor then. He said that he 
had seen spots of various colors on the floor of the factory at 
different times but that never had he seen one of the same 
color and appearance as those presumed to have been the 
blood of Mary Phagan on the floor of the metal room. A vig- 
orous cross-examination at the hands of Luther Z. Rosser failed 
to shake his statement. 

Dr. Claude Smith, city bacteriologist, identified the chips 
taken from the floor of the metal room and declared that on 
one of them he had discovered blood corpuscles. The defense 
brought out in cross-examining him that the corpuscles could 
have been there for several months or possibly several years 
it' not disturbed. 

William A, Ghesling, embalmer employed at the parlors of 
P. J, Bloomfield, declared that Mary Phagan had been dead 
from twelve to fifteen hours when he removed it from its hid- 
ing place in the pencil factory basement. The blood had set- 
tled and rigor mortis had begun. He told of embalming the 
remains and of examinations of the wounds on the body he 
had made. 



78 






E. P. Holloway, day watchman at the factory, was accused 
by the solicitor of having entrapped him when he testified that 
he had left the swtich box which controlled the motor of the 
e'evator unlocked on the day of the murder. This was in di- 
rect contradiction to the state's theory of the murder. 

Solicitor Dorsey 's contention was that after Frank had call- 
ed Conley to help him dispose of the body he went to the office 
and got the key of the receptacle before he could start the 
machinery. 

Holloway declared that he had left the building: about, noon 
Saturday and thai he used the motor, which also was geared 
to a circular saw, to cut two boards for Arthur White and 
Denham, who were working on the fourth floor of the factory. 
He said that after he had finished this work he placed the 
boards on the elevator and started it to the fourth floor. 

Solicitor Dorsey produced an affidavit made several weeks 
before by the witness in the presence of several people. In 
this document Holloway declared that he had left the elevator 
locked when he started for home. The witness did not deny 
the affidavit, but he declared at the time of making it ho had 
forgotten sawing the planks. Deeper consideration o t'the 
matter had caused him to remember the incident, he asserted. 

Didn't you tell a Pinkerton detective on May 9 to come 
around next day and he might find some evidence?" was one 
of the many questions asked this witness by the solicitor. 

"I did not," was the reply. 

On May 10 Detective MeWorth of the Pinkertons found 
the alleged blood spots, the bludgeon and several pieces of 
cord similar to the one by which the little girl was strangled. 
Dorsey intimated that Holloway might be able to shed some 
light on how these things came there, inasmuch as the state 
contended that this evidence, also, was planted for the pur- 
pose of diverting suspicion from Frank. 

"Didn't you once boast that Conley was 'your nigger?' " 
asked the solicitor. The witness denied that he ever had. 

Mrs. Arthur White, who took the stand on Friday, August 
1, declared that she had entered the building to see her hus- 
band at 11 :30 o'clock and, after talkin gto him for a few min- 
utes, left the factory. It was ten minutes to twelve when she 
departed. Thirty minutes later she returned, she said, and 
entered Frank's office previous to going to the fourth floor 
to again see her husband. Frank was bending over the safe 
in the office when she entered, according to her statement, 

79 



and appeared startled at her approach. Airs. White testified 
that she later went to the fourth floor where her husband and 
Harry Denham were working. She remained until 12:50 
o'clock, when Frank appeared on the fourth floor and told her 
that, he was going to lock the building before going to lunch 
and that -she had better leave then. She took his suggestion, 
she said. 

Her testimony was of vital importance, because the state 
maintained that the murder bad been committed between her 
lirst and second visits. 

Mrs. While described Prank's conduct when be came to 
the fourth floor as natural. 

'"The. woman also told of seeing a negro lurking in the shad- 
ows in the haTway on the first floor as she was leaving the 
building, t'onley was brought before her but (die could not 
positively identify him. He answered the same general de- 
scription, however, she said. 

Genera] Manager M. V. Barley, called to the stand, admit- 
ted that Frank was nervous on the morning of Sunday, Apr+1 
27. He said that the superintendent explained it by Baying 
that he had been called from bed summarily that morning and 
had come down to the factory before he had an opportunity 
to drink his usual cup of coffee. 

Dartey said that he, too, had looked at. the punches in the 
time slip made by Newt Lee 'and had failed to detect the al- 
leged discrepances in them. It would have been possible for 
a man who understood the mechanism of the clock to manu- 
facture a slip which could not be detected from the genuine 
in five minuti s. 

Friday afternoon, August 2, the defense called Dr. II. P. 
Harris, secretary of the state board of health, to the stand. 
He was one of the surprises of the case. Through his testi- 
money the defense sought to clinch the fact that the little 
girl never left the factory after entering it. Dr. Harris per- 
formed an autopsy on the body when it was exhumed nine 
days after the original burial. He had taken portions of the 
stomach and o fthe girl's sexual organs and examined them 
exhaustively. Until the time he took the stand no intimation 
of the sensational testimony he was to give had reached the 
ears of the public. 

He declared that the girl had met death between half and 
three-quarters of an hour after she ate her noon-day meal. 
He reached this conclusion from the state of the cabbage and 

80 



T 



» « 



other food found in her stomach. Dr. Harris was later cor- 
roborated by Dr. J. W. Hurt, county physician, and other phy- 
sicians iu sur-rebuttal. The defense sought by the testimony 
of half a dozen prominent physicians to prove that Dr. Har- 
ris was hazarding on y a wild guess when he attempted to 
fix the time of death by this investigation. Others testified. 
however, that it was not & guess but a scientific opinion. 

Of most vital importance was the testimony of Dr. Harris, 
that, although no criminal assault had been committed upon 
the girl before heath, some kind of violence had been done 
her. This was proven by the state of her organs, he declared. 

Dr. Harris said that the eye of the victim had been black- 
ened before death] probably by a blow, and that the wound 
ou her head which, he declared, undoubtedly produced uu- 
consciousness, was produced by a sharp instrument. It would 
beve been impossible to have inflicted it with the round club 
found near the elevator pit. he said. 

Dr. Harris collapsed on the stand in the midst of a gruelling 
cross-examination replete with hypothetical questions at the 
hands of Attorney Arnold. 

Saturday afternoon, Dr. Hurt was called and confirmed to 
a considerable extent the testimony of Dr. Harris. He de- 
scribed the wounds on the body of the girl in detail. On 
cross-examination the defense gained admissions by which 
they sought later to prove that the evidences of alleged as- 
sault found by Dr. Harris might have been the result of Dr. 
Hurt's examination of the corpse immediately after death. 

Alfred McKnight, husband of Minola McKnight, cook in 
the Selig home, was ca'led to the stand on Saturday, August 
2. He testified that he had been in the kitchen of the resi- 
dence on Saturday, April 26. and that Prank entered the din- 
ing room and viewed himself in the mirror for a few minutes. 
His testimony was later attacked by his wife, who repudiated 
on the stand the sensational affidavit she had previously made 
to the police.? 

W. F. Anderson, call officer, G. C. Febuary, stenographer in 
the detective department, Chief of Police Beavers, Detective 
Waggoner and Patrolmen Lassiter were also called on Satur- 
day. Their testimony, with the exception of that of Chief 
Beavers, was largely corroborative of that already introduced. 
The police department head told of searching the vicinity of 
the scuttle bole Leading to the basement a few days after the 

81 



murder and his failure to see the blood, cord and ulub later 
discovered there by Detective McWorth. 

Miss Helen Ferguson, a factory girl, told the jury of hav- 
ing sought out Frank Friday evening to ask him to give her 
Mary Phagan's pay envelope. Frank refused to deliver it 
into her custody,, she said. 

On this day, also, which was the last of the first week, the 
defense protested because Judge Roan had on his desk a news- 
paper with a Large red bead line, "State Adds Links to Chain." 
It was the contention of the defense that the paper had unwit- 
tingly been exposed to the jury. Immediately after the pa- 
per was alleged to have been exposed to the jury, Attorneys 
Rosser, Arnold and Haas retired from the eourt room to hold 
a consultation as to what action would be taken. It was 
thought for a time that a mis-trial would be asked. After a 
conference of five minutes, however, the lawyers returned to 
the court room and asked that the jury be excused. After the 
twelve men had left the room, Attorney Rooser took the floor 
rmd announced that it was not the intention of the defense to 
ask ;i mis-trial at that time. Solicitor Dorsey asked that the 
jury be cautioned against being influenced by anything they 
had seen or were likely to see in the future. Judge Roan did 
this when the jury was returned. 

Several other witnesses were ca'led during the first week of 
the trial, but their testimony developed nothing that had not 
already been disclosed in the investigation of the police and 
private detectives and was mostly corroborative of important 
phases of the case. 



CHAPTER XVI. 

"Perversion" Charged. 

The second week of the trial opened on Monday, August 
4th. Tt was then that the state introduced its most important 
witness. James Conley. a negro sweeper in the factory and 
the only witness who connected Frank directly with the crime. 
The public waited anxiously for the negro to take the stand 



and when it was announced that he would be questioned on 
this day a crowd larger than any previous one sieged Ithe 
court house. The police had instituted the plan of making 
spectators get in line to await the opening of the doors and 
on Monday two lines of men in single file extended around 
the front of the court house and nearly to the back of the build- 
ing on each side. It began to form shortly after daylight and 
by 8:30 o'clock had swelled to several hundred. A majority 
of the waiters were disappointed, however, owing to the limit- 
ed seating capacity of the court room. 

Before court opened, Judge L. S. Roan announced from the 
bench that all the women present would have to leave. This 
was the first direct intimation of the sensational charges of per- 
version and misconduct among the factory grls which were in- 
troduced. At 9 o'clock James Conley took the stand. 

He was the same Conley who had swept the floors ot the 
pencil factory in the past, the same Conley who had been 
hailed into police court on disorderly conduct charges, the 
same Conley — except that he was sleeker than when he en- 
tered the jail, and he had been shaved and bathed and dressed 
to be presentable before the jury. With little questioning 
by Solicitor Dorsey, he told glibly his story of carryng the 
body of the dead girl to the basement at the direction of Su- 
permtesdent Frank. Then he went further. He made the 
sensational assertion that once he had caught Prank in a 
compromising attitude with a woman in his office at the factory 
and that on previous Saturday afternoons and holidays he 
had watched at the front door of the building while Frank 
kept clandestine appointments with women on the second 
floor. 

On Friday afternoon, the witness declared, Frank had in- 
structed him to return to the factory Saturday morning. 

"What time did he say for you to comer' asked Solicitor 
Dorsey. 

"At 8:30," replied the black. 

"Who got there first Saturday morning?" 

"We met at the door and I followed him in." 

"What conversation did you have?" 

"After we got in ,on Saturday morning, Mr. Frank said 
that I was a little early. 1 told him it was the time he'd 
said for me to come. He said I was a little too early for what 
he wanted. He said he wanted me to watch for him like I 
had other Saturdays." 



'What had you done other Saturdays ?" 

'I had watched for him while he was upstairs talking 
with young ladies. ' ' 

"What did you do?" 

"I would watch at the door aud let him know.'' 

"How often had you done this?'' 

"Several times — I don't know how many." 

"Was Frank up there alone on those Saturdays?" 

"No, sometimes there 'd be two young ladies, and some 
times other men from the factory." 

"Was Mr. Frank ever alone there?" 

"Yes, sir. Last Thanksgiving day." 

"Who came then?" 

"A tall, heavy-built woman." 

"What did you do then?" 

"I stayed just like I did on April 26, and watched at the 
door." 

"What had Mr. Frank told you to do on Thanksgiving day?" 

"I did like he told me and locked the door when he stomped 
on the floor after the lady had come in." 

"That was Thanksgiving day. 1912?" 

"Yes, sir." 

"Now, tell what happened on April 26." 

"We both went inside. He told me 1 was a little early. 
1 said, no, sir, that was the time he'd told me to come. He 
said I was a little early for what he'd told me to do. He 
told me he wanted me to watch. 1 told him I had to go to the 
Capital City laundry, and asked him what time he wanted 
me to come back. He told me that I could go from the Capital 
City laundry to Nelson and Forsyth streets and watch there 
till he came back from Montag's." 

Conley continued his narration of the events on the morn- 
ing of April 26. He told of going to the Capital City laun- 
dry and of meeting Frank at Nelson and Forsyth streets. 

"What happened when you returned to the factory?" he 
was asked by Dorsey. 

"We went in and Mr. Frank told me about the lock on the 

front door. ' If you turn the knob this way, nobody can get 

in,' he said. Then Mr. Frank told me to come over and said 

Set on that box.' He said there'll be a young lady up here 

pretty soon, and we want to chat a while.' Mr. Frank said, 

84 




85 



'When I stamp, that's her. And when I whistle, you come 
np and say you want to borrow some money, and that will 
give her a chance to get out.' " 

"Did he say anything else before he went upsairs?" asked 
the solicitor. 

"Yes, sir," said the witness. "He hit my chest right here," 
— th negro pointed to a place near his right shoulder — "and 
he said, 'Now, boy, don't let Mr. Darley see you.' " 

Answering questions put by the Solicitor, C'ouley told of 
seeing various peop'e come and go while he lurked in the hall- 
way. At about 12 o'clock the negro sad he saw Lemmie 
Quinn, Mary Phagan and Mouteen Stover enter the building 
in the order named. The former and latter came out, but 
Mary never came down, he said. 

"After she went up," the witness said, "I heard her foot- 
steps going toward the office, and then steps toward the 
metal room. The next thing I heard was her screaming. 

"Then what did you hear?" persisted the state's prosecu- 
tor. 

"I didn't bear any more," answered the negro. 

"Who was the next person you saw go upstairs?" 

"The next one 1 saw go up was Miss Monteen Stover." 

"How was she dressed?' 

"She was wearing tennis shoes and a red coat." 

"Have you seen Miss Stover since then?" 

"Yes, sir — once." 

"How long did she stay upstairs?" 

"She stayed a pretty good while. Xot so very long, 
either." 

"Then what?" 

"She came back down." 

"What happened then?" 

"Then I heard tiptoes coming from the metal department." 

"Where did they go?" 

"I don't know, sir." 

"What next?" 

"Next I heard tiptoes running back toward the metal de- 
partment. ' ' 

"Then what?" 

"Then I sat back on the box and kind of went to sleep." 

"All right— what next?" 

"Next I heard Mr. Frank stomping over my head. I waked 

86 



II 



up the first time he stomped. Theii I heard him stomp two 
more times. He stomped three times altogether." 

' : Then -what did you do?" 

"I got up and locked the door like Mr. Frank to'd me to 
do. Then I sat back down on the box." 

"How long did von sit there?" 

"A little while." 

"All right, then what happened?'' 

"I heard Mr. Frank whistle." 

"How long after the stomping what it before you heard 
him whistle?" 

"Just a few minutes." 

"Well, what did you do when you heard Frank whistle?" 

"I went upstairs like he told me to do when he whistled. 
Mr. Frank was standing at the head o fthe stairs shivering. 
He was rubbing his hands together and acting funny." 

"Show the jury how he was acting." 

The negro stood up, made his legs tremble, rubbed his bands 
together, rubbed his right backward and forward from the 
back of the head to the face and reverse. 

"What did Frank have?" 

"He held a little cord in his hand." 

"Did you look at his eyes?" 

"Yes, sir." 

"How did they look?" 

"His eyes was large. They looked funny and wild." 

"Did you notice his face?" 

"Yes," sir, it was red, very red," 

Solicitor Dorsey produced the cord which had been takeu 
from around the neck of the corpse of the body of Mary Pha- 
gan. "Is that the kind of cord he had in his hand?" he 
asked. 

"Yea, sir, just like that," answered the negro. 

'Did Frank say anything to you?" 

"Yes sir, he asked me if I saw the little girl pass along 
up there. I told him yes, I saw two but one went out; but 
that I didn't see the other one come out." 

Conley testified that Frank told him that he had gone baek 
t<» the metal room and that Mary Phagan had resisted ad- 
vances that he had made. Frank said that there had been 
a struggle, in which the girl had fallen and hurt herself. 

87 



Conley declared that Frank had remarked, "You know. 
Jim, that I am not like other men," referring to a previous 
happening when the negro had interrupted the young super- 
intendent in peculiar relations with another girl. 

"He told me ot go back to the metal room, - ' said the negro. 
'.'He said: 'We've got to get her out. Hurry up, now, and 
there 11 be some money in it for you.* " 

"Did you find the girl?" 

"Yes, sir. She waa lying flat of her hack, with a rope 
around her deck. There was a piece of cloth tied around her 
neck, too." 

The direct examination of Conlej was completed is less 
than two hours. His crossexamination was probably the 
most remarkable feature of the trial. For three days and a 
half Luther Z. Rosser tired questions a1 the uegro in an at- 
tempt to trip him ap oil some point in his testimony. But 
never once did the black lose his head. 

He was taken over and over his stun and he repeated it 
without a variation. Traps were laid by""the shrewd Eosser, 
but the negro avoided them. The examination resolved it- 
self into a physical endurance contest. At one time Attornej 
Arnold took the floor to address a question to the witness. 
The move was taken by Horsey to mean that, the two attor- 
neys for the defense intended to question the negro in relays 
and wear him out. lie interposed an objection and Judge 
Roan ordered that Attorney Rosser won!d have to continue 
questioning. 
The testmony of Conley was taken down by four stenog- 
raphers in half hour relays. A-. soon as one had completed 
his "take" he owuld hurry to a typewriter and transcribe 
his nofes By this means the defense lawyers were supplied 
with copies of the official testimony of Conley two hours 
after it had been entered in the record. They repeatedly 
asked him questions put previously and his answers were tb'e 
same, almost verbatim. 

Attorney Rosser asked him about occasions on which he 
had previously watched while Frank entertained women 
friends in his office. He went into the minutest details. 
The negro never hesitated in answering, although he fre- 
quently rep'ied. "I disremomber." 

"Tell us about the first time you watched. Yon said it was 
in July. TOIL'. Who was there thai dav?" 



RS 



"C. B. Dalton aud a woman who worked on the fourth 
door and another woman named Daisy Hopkins, who once 
worked at the factory," the negro replied. 

"About :■: or 3:30 in tin- afternoon." 

''"What were you doing?" asked the attorney. 

"I was s wee] ling when they came in, but Mr. Frank called 
me to his office, and asked if I wante dto make a pieee ot 
money, and then he told me to watch the door for him." 

"I went down aud watched and pretty Boon that young 
lady went out and she came back with a man, Mr. Dalton." 

"Then they went upstairs and I heard them walk into 
.Mr. Frank's office. They stayed about ten or fifteen min- 
utes and then the young lady and Mr Dalton came out, ami 
the young lady says, 'All right, James," and then I took then, 
haek and opened the trap door and they went down the lad- 
der to the basement." 

"Who told you to open that door, jimf Did she tell you.'' 

"No, sir. Mr. Frank had to],] me when he was talking 
with me.' 

The witiirss declared that he had no id, 'a of the length 
of time the couple slaved in the basement, but said that he 
waited near the trap door and opened it for them to come up. 

In answer to questions he then declared that Dalton went 
on out and the girl went upstairs, ami after waiting at the 
head of the stairs for several minutes, went into the office. 
A little later she and .Miss Hopkins came down, and it waa 
'■'in-dderably later that Frank left the oftiee. he sadd. 

Mr. Dalton, he said, gave him a quarter, and Mr. Frank 
gave him another as he was leaving. The witnea ssaid that 
the girls left about 4:30 oVloek. 

The witness was told by the croasexaminer to narrate the 
events of the next visit of women i<> itory, which 

Conley said was on a Saturday about two weeks later. At 
that time Con Yv declared that Frank came up to him early 
in the morning' and told him that In- "Wanted to put him 
foi' the afternoon. 

Frank returned to the office about 2:15 thai afternoon, 
iid. and shortly after he went into tin- office Mr. Hollo 
way left. I 

Some time later the negro declared, .Miss Daisy Hopkin- 
came in, and In- followed her up the staps and saw her 
go into the office. 

89 



Frank snapped his fingers at him, he declared, and bowed 
his head. Then he went down and watched at the front door 
and Prank gave him 50 centa after the girl had left. 

"Now, tell about the next time — Thanksgiving," Mr. Rosser 
said to the negro. 

"No, sir, it was not Thanksgiving," said the negro. "It 
was before Thanksgiving, early in the winter." 
"When was it?" 
"About the middle of August," 

"Oh, yes." said Mr. Rosser, "it was pretty cold that day. 
wasn't it?" 
The negro saw the trap and neatly dodged it. 
"No, sir, i twas not cold." 
"Well, it was winter — it was sorter cold?" 
"No, I can't say it was cold," Conley answered. 
"Well, that morning," he continued, "Mr. Frank told me 
he wanted to put me wise again for that afternoon." 

"Oh, yes," interrupted Rosser, "he used that same word 
every time, didn't he?" 

The negro said that he did that time and the other time, 
but was not sure he used it after every time he spoke of the 
matter. 

"What was this woman's hair like?" asked Attorney Ros- 
ser. 

After looking around the court room the negro replied: 
"ft was like Mr. Hooper's." 
"You seem to know Hooper well. How is that?" 
"Well, he talked to me once or twice." 
"It is gray like Hooper's?" 
"If that is gray, it was." 
"What sort of clothes did she wear?" 
"She had on a green suit." 

"Now, let's take Daisy Hopkins." said Attorney Rosser. 
What did she wear?" 

"The first time she came she wore a black skirt and a 
white shirt waist," 

"What did she wear the second time." 
"The same thing." 

"Did you ever speak to her around the ttuMory?" 
"No, sir, she didn't know me." 
You've been there two years. And do you mean to tell 
me that everybody around there don't know Jim Conley." 
"Lots of them don't know me." 

90 






"Who are some of them?" 

"I don't know, but there's lots of them." 

Attorney Bosser then questioned Conley about last Thanks- 
jriving day, when he said he again acted as lookout for Frank, 
Conley said that he had waited near the door until the woman 
came. He said he got to the factory about 8 or 8:30 o'clock 
and that she entered about half an hour later." 

"Did yon know her!" 

"N T o, sir, I never saw her since. I saw her in Mr. Frank's 
office about three days before that." 

"Was it the same week!" 

"I don't know. It was some time near Thanksgiving, 
though." 

"What time was that!" 

"About 8 o'c'ock in the evening." 

"What were you doing there so late?" 

"I was stacking some boxes upstairs." 

"How was she dressed?" 

"I think she had on black clothes. 1 don't remember ex- 
actly." 

"How was her face?" 

"0, she was good looking." 

"Now, on this Thanksgiving morning, you closed the door 
after her!" 

"Yes, sir." 
"And you say when Mr. Frank stamped his foot you 
locked the door after her?" 

'Yes. sir. Whin Mr. Frank stamped I closed the door." 

" "Was there any signal? How many times was he to 
stamp?" 

"Twice." 

"tl wasn't three, was it?" 

*'\'o, sir. It was twice. And then I was to kick the door 
of the elevator twice.' 

"What, did you do after that?" 

"T sat on the box." 

"How long?" 

"About an hour and a half it seemed to me." 

"And then she came down?" 

"No, Mr. Frank came down. He said 'is everything all 
right!' and then he opened the door and looked up and down 
the street and then called to her, 'All right.' And she came 
down and they walked to the door and as they passed me 

91 



tlie woman looked at me and said, "Is that the nigger?' and 
Mr. Frank said, 'Yes thai is the best nigger lever saw.' " 

"Did she say that to you?" queried Attorney Ros6er. 

M No," replied the black. "Sim was talking to Mr. Frank." 

Conley was questioned about every assertion that he had 
made in his affidavits to the police. Time ami time again he 
admitted that he had lied when questioned by the detectives. 

"I told a million lies, 1 guess," he said. 

At the end of the first day's gri!ling the state was jubilant. 

Conley whs telling the trutjr at last, they believed, and they 

confident thai bhe defense would never break him down. 

"It's a bear fight. And 1 am betting on our bear," was the 
comment of Frank A. Hopper. 

Later, several 'lays after ('unify had been grilled, Epsser 
remarked: "That's a smart nigger. He's the smartest one I 
tackled. Hut he's the greatest liar on earth." 

The most bitter Legal battle of the whole ease tfecurred on 
the afternoon of Tuesday. Augusl 5th, when the defense at- 
torneys unexpectedly moved thai a'l the testimony of Conley 
pertaining to watching for Prank on previous days and the 
statements ot the negro attacking his character, be stricken 
from the record. The motion was made immediately after the 
midday adjournment. Attorney Arnold arose and asked that 
the jury b« sent nut. After the talesmen had marched from 
the room he announced to the court that he wanted this tes- 
timony expunged from the transcript on the grounds thai 
il was irrelevant, immaterial, inenmpentent and inadmissablc. 

"We move, first," he said, "to exclude from the record 
all the testimony of Conley relative to watching for the de 
tense, ami we withdraw our cross-examination on that sub- 
ject. '• 

Second, Mr, Arnold moved thai a portion of the negro's 
raony attacking Frank's character, which was brought 
out through questions propounded by the solicitor, be ruled 
out. 

Mr. Arnold concluded the argument by saying, "Before any- 
thing e'se is done, we move to exclude this from the record." 

.fudge Roan spoke up: "As 1 understand it. Mr. Arnold, 
what you want to withdraw is testimony about watching on 
other occasions." 

Attorney Hooper took the Boor, Baying i "To allow this 
bringing out witnesses to sustain Conley We purpose to 
motion would be to trifle with the court. When they did 

92 



DOt object at the time this evidence was introduced I be- 
lieve they lost any ground that they had for an objection. 
If their objection had been entered at the time of the intro- 
duction of this testimony, I should say that the objection 
was well taken, hut I do not think that they have a right 
after letting it all go into the records without protest, now 
to move for its total exclusion." 

Prank dropped his head, and his mother put her arm around 
his neck and patted him on the shoulder and whispered in 
his ear. Tie smiled faintly and looked around. 

Solicitor Horsey addressed the court. 

"I submit, your honor," said he "as an original proposi- 
*'9n this evidence is admissible. They have waited too late 
(o enter their objection." 

Mr. Bosser interrupted. 

"W.- move to rule it out because it is immaterial," said 
he, addressing both the court and the solicitor. 

"If you've got. any authority to back up your objection," 
retorted the solicitor, "trot it out." 

"I never trot out anything in court," replied Mr. Rosser 
"I've got too much respect for the eonrt." 

"Well, gallop it out, lope it out." said the solicitor. "Tt 
doesnt make any difference, just so you produce it." 

"Yon wou'dn't understand it if we did," snapped Mr. 
Rosser. 

Solicitor Dorsey proceeded, ignoring the last remark. 

"Your honor, just as n matter of fairness, T snbmit that 
it is not right to let this gentleman give this witness a most 
severe gruelling for two days, go into his testimony by cross- 
examination, and then come along and ask that certain por- 
tions of it be ruled out. They would stop us now from 
corroborating the testimony of this witness as to Frank's con- 
duet. To grant their motion would be to stop us from in- 
ducing our corroborative evidence." 

The solicitor announced that he had other witnesses wait- 
ing to corroborate Conley. 

"Ts it fair, your honor, after one. two, three, four, able coun- 
sel have sat here and let this evidence get into the record : 
after they have cross-examined the witness for two days and 
then wake up to the conclusion that it shou'd be expunged from 
the record — is that a fair proposition?" 

"Tin- state's ease will have been done great damage,'' con- 
tinued the solicitor, "if now. after the defense has flemed 

93 



all the benefit it possibly can expect from cross-examination, 
these facts are cut out and we are not given an opportunity 
to put witnesses on the stand to show that this man Jim 
Conley has spoken the truth. 

"Now the able counsel sees the terrific force of these trans- 
actions, and they would stop us from corroborating them. 

"I appeal to you, in the name of fairness and justice, to let 
counsel now see that objections, if they are to be entertained, 
must be timely. 

"Why, your honor, they have gone into even the workings 
of the National Pencil factory, and showed this man Convey 's 
relations with a half a dozen different men, and they have done 
so very properly, for it shows his connection with this defend- 
ant and is a part of the history of the crme. 

"I will tell your honor right now that we have witnesses 
to sustain this man. 

"Any piece of evidence, any transaction , any thing of his past 
conduct, to show his intent and purpose when he got this girl 
up there, is admissible. And it is largely by this that we are 
showing what this man did to poor little Mary Phagan. Any- 
thing to show his motive must be admissible. As to the dis- 
tinct relevancy of this testimony, I cite as an instance the tes- 
timony of Dr. Hurt. 

"This testimony which they wou'd rule out goes right to 
the point and it will be corroborated. It goes largely to show 
who kil'ed the girl. 

"I beg of you to think twice before you rule out these 
powerful circumstances." 

Solicitor Dorsey challenged the defense to produce any 
decision written within the past five years contrary to this 
principle. 

"The emu-Is are slow," said Mr. Dorsey. "Too slow to 
progress. But this one rule the courts have now taken up. 

"The importance of this testimony will be more manifest 
before we get further in this case." . 

During Solicitor Dorsey 's araignment of Frank. Mrs. Frank, 
wife of the accused , arose from her seat and left the doom. 
She went into an ante-room and remained several minutes. 
When she returned to the court .there were fresh tears in 
her eyes. She resumed ha- seat at her husband's side. 

"There's no use making stump speeches here," said Mr. 
Arnold. "There's no use waxing so eloquent. I eould do it. 
I guess but 1 don't want to make my jury argument while 
it's so hot unless I have to." 

94 



tk 



Mr. Arnold termed the objectionable evidence "miserable, 
rotten stuff," and went on to say that the defendant suffered 
outrageously by its admission iuto the records. 

"The state admits that it is illegal evidence," said he. 
"The only ground that they want it retained on is that we 
didn't make time'y objection. In a criminal ease, you never 
tan try a man for but one crime. That's the old Anglo- 
Saxon way. In France, and in Italy and in Germany, when 
a prisoner comes into court, he comes prepared to answer 
for his whole life. But it's not that way here. We only 
try a man for one crime. What is this proposition? 

"I sympathize with the little girl's parents as much as 
anybody, but I say it is just as much murder to attempt to 
convict this defendant by the introduction of illegal and irre- 
vant evidence. This miserable wretch on the stand," point- 
ing to Conley, lias told a glib parrot-like tale. He was school- 
ed in it for two months, and I feel sorry for anybody that 
will believe him, He lias introduced another capital crime 
into this case — not that I believe a white mau would believe 
a word he sad, but bis testimony has brought it in. A case 
of murder is a distinctly marked case, and as I understand 
it the state does not contend even that this is a premeditated 
case. 

"The state has put this man on the stand, and they want to 
bolster up his outrageous tale witha lot of irrelevant matter." 

Attorney Arno'd attacked the supreme court decision cited 
by Solicitor Dorsey, contending that the decision was writ- 
ten in a case involving illegal sale of cocaine, and not in a 
murder case. Murder, he said, is an entirely different mat- 
ter, and is more serious than the selling of cocaine. 

"If this evidence is admitted we would have to stop in- 
vestigating the murder and take up the investigation of two 
other cases and tlw- eases he mentioned are not parallel with 
this. 

"With this evidence before the jury, there is a likelihood 
of that body convicting this defendant on general prnciples. 
I am coming under a general rule when I say this ought 
to be ruled out." 

"Tour honor, how much confusion would be in the jury's 
mind. How much the issue would be clouded!" continued 
Mr. Arnold. "How unfair to this defendant in a day or two 
without notice and require him to answer such charges as 
these. It would necessitate our go' 11 ? back over all of these 

95 



days this villain has mentioned. We would have to I'all 
in every employe of the factory, and goodness knows how 
many other witnesses. If they can put such evidence as this 
in, we certainly eon rebut it. This is illegal testimony, and 
they have done us an incalculable injury to let this suspicion 
get into the minds of the jury." 

Judge Roan interrupted Mr. Arnold. 

"Everything relating to the watching on the particular 
day,. April 26, is relevant. 

"Everything relating to that particular transaction is a 
part of this case," said Mr. Arnold. "We are not even ob- 
jecting to what this witness says happened at the factory 
or what was to'd hi in on the Friday befoi 

Judge Roan announced his ruling as follows: 

"There is no doubt in my mind that this evidence was in 
admissible as an original proposition, and I will rule out all 
except as to the watching on that particular day." 

Attorney Hooper requested the judge to postpone his d- 
ion until Wednesday, in order to give the state time to look 
up and submit decisions hearing on the point in issue. The 
court refused to do this. 

Judge Roan added, however .that he holds himself in read 
iness to reverse himself if he finds that he has ruled wrong. 

"1 have no pride about that matter," said the judge. 'I 
wouldn't hesitate to reverse myself. "I wouldn't hesitate 
to reverse myself if T found 1 was wroug." 

The jury was then brought back into court, and Attorney 
ftosser resumed his cross examination of Conley. 

Judge. Roan added, however, that he held himself in read 
iness to reverse himself in the event that a study of authori- 
ties on the subtle point proved his ruling wrong. 

The jury was then returned to the court room and the 
cross-questioning of Conley was resumed by Attorney Rosser 



!)fi 



r* 



CHAPTER XVII. 



Salacious Stories Admitted. 

At noon Wednesday Judge Roan announced that he would 
reverse his ruling striking from the records the testimony 
of Conley regarding perversion and of having watched for 
Frank on previous occasions. Ureal excitement prevai'ed in 
the court room when the coutt made the new ruling. Solici- 
tor Dorsey was applauded at his victory. H was the first of 
a series of ovations given the plucky young solicitor gen- 
eral. On this occasion, however, it resulted in Attorney Ar- 
nold making a motion that the court room he cleared. Judge 
Roan refused "to expel the audience and the lawyer applied 
for a mis-trial. His request immediately was overruled. 

Judge Roan held that a'l of Conley 's testimony would re- 
main in the records. This gave Solicitor Dorsey the oppor- 
tunity that he wanted to bring in witnesses to corroborate 
this part of the negro's stoi 

C. B. Dallon, named by Conley as the man he had Been 
go up to Frank's office with two women, was one of the last 
witnesses called by the state. He is a carpenter. He admit- 
,te dgoing to the factory with Daisy Hopkins and says that 
on one occasion this woman introduced him to the yo 
factory superintendent. On more than one occasion, he swore. 
be bad seen women in Frank's private office. Frequently 
he saw soft drinks there, he said, and on one occasion the 
party had beer. 

On Thursday morning, after Dalton quitted the stand and 
Dr. F. H. Harris had completed bis testimony, which was 
interrupted when he had collapsed on the stand the previous 
week, the state rested. 

The d( mediately opened their case. The first di- 

rected their guns on the testimony of Dr. Harris. Dr. Leroy 
Childs was called to the stand. I ted that many of Dr. 

Harris' deductions were guesa work. 

It would be a "wild guess," be said .to fix the length 

m a human being's stomach 
Bth. Dr. and other physicians in the days thai 

97 



Followed refu r statements made on the stand by the 

retarj of the State Board of Health. 

Tv Scott, Pinkerton detective, was recalled by the de- 
fense Thursday afternoon. Attorney Arnold sought to draw 
from liim that Conley had been schooled in making bis state- 
ments to the police. His intention was to leave before the 
jury's mind the possibility that Conley gathered the remark- 
able knowledge of details and from thai ed his story. 
Scotl admitted that on more than one occasion he and other 

■lives had remarked to Conley when endeavoring to 
the truth from him.: "That's won't do, Jim, It don'1 fit." 

On Friday, the eighth day of the trial, Prank's counsel 
called Daisy Hopkins to the stand. She flat-footedly mutra- 
dieted the testimony of Dalton and James* Conley that she 
had ever visited the pencil factory for an immoral purpose. 

On this day, also, the defense introduced a eardboard model 
of the pencil factory which was used through the rest of the 
trial to illustrate the testimony of witnesses. 

The testimony of George Epps, who dee'ared that he had 
ridden to the center of town on the same car with Wary Pha- 
lian on! the day of the murder, was attacked by "W. M. Matth- 
ews and W. T. Hollis, motorman and conductor of the ear- 
on which the girl rode to town. Both carmen declared that 
they had seen the little girl on the car, but that Epps was 
not there. They also maintained t lint, she did not get off at 
Marietta and Forsyth streets, bu1 rode around the turn to 
Broad and Hunter streets. • 

Blue prints of every ft be pencil factory were also 

introduced on this day. They were made by Albert Kaufman, 
a civil engineer. In feature of the trial the defense 

spared no expense to place before the jury its evidence in 
the hesl form. Experts of rariOUS kinds were called to refute 
incriminating testimony given by witnesses called by the 

slate. 

The second week of tile I rial closed at noon Saturday with 
Herbert Schiff, Franks young office assistant, on the witness 
stand Through him the defense began to weave their famous 
'time alibi" by which they tried to prove it would have 
been impossibe for Frank 1o have committed the murder. 
Schiff declared on the stand that if was Frank's custom to 
make out the financial statement every Saturday afternoon 
and that the work could not have been completed in less than 
two to three hours. He was shown the financial statement 



/ 



for the week of April 26 and identified the handwriting as 
that of Frank. He was subjected to one of the most severe 
cross-examinations of the case, but his testimony was un- 
shaken. 

On Monday, August 11th, the defense again renewed their 
attack on Dr. Harris' testimony. Dr. Willis Westmoreland, 
former president of the state board of health ; Dr. T. II. Han- 
cock, Dr. J. C. Olmstead and Dr. George Bachtnan, declared 
that any physician who attempted to fix the time of d< 
by the condition of loud in the stomach of a corpse was 
only hazarding a guess. 

<»u this day also the defense introduced a number of wit 
nesses who swore that they would not believe C. B. Dalton 
on oath. They were nearly all from Walton county, where 
Dalton had previously resided and all termed his character 
as bad. Later the defense re-called Dalton himself and gain 
ed from him admissions that he had been arrested on several 
occasions in his past life on larceny charges. 

Miss Hattie Hall, stenographer and bookkeeper for Montag 
Brothers, was called to add a link to the time alibi. She tnld 
of meeting Frank at Montag Brothers on the morning of the 
day of the murder and his requesting her to come to the fac- 
tory and do stenographic work for him. She asserted that 
he also asked her to come bach thai afternoon, Miss Hall 
testified that she had remained at the factory until two or 
three minutes after twelve. She fixed the time of her de- 
parture by the blowing of the 12 o'clock whistle. 

Joel Hunter, an expert accountant and another proficient 
mathematician declared that. Frank conld not have completed 
the financial report in much less than three hours. And there 
was other miuor work on office account books which would 
take him anywhere from thirty minutes to two hours onger, 
aid. This meant that Prank, on the afternoon of April 26. 
after Mary Phagan had been killed, carried on the routine 
office work of the factory. 

On Wednesday, the fifteenth day of the trial, Frank's char- 
acter was put in issue. The move was not unexpected. In 
taking this step counsel for the accused superintendent de- 
fied the state to produce witnesses who would put a blot on 
his character. Two former classmates at Cornell, now of New 
York, who came to Atlanta solely to testify, said that his 
character was excellent They were followed during the next 
few days with other friends of Frank at school, nd one or two 






college professors who made the long trip South to be with 
their former fellow in his hour of need. Scores of the most 
widely known men in the city took the stand and said that 
they never had known a smirch on the character of the fac- 
tory head. 

Efforts of the defense to introduce experiments of four men 
wli<> re-enacted the carrying of the body to the basement as 
told on the stand by Conley, met with vigorous opposition 
on the part of Solicitor Dorsey and Attorney Hooper. Prank's 
attorneys .sought to show thai it would have taken more than 
twice the time to hide the body that the negro said it would. 
Aftcc an argument of an hour, Judge Roan allowed the evi- 
dence. Dr. William Owens then trave an account of how he 
and three other men had carried a sack weighing 110 pounds, 
the same as Mary Phagan's body, into the basement and gone 
through the other alleged actions of Con ley and Frank on 
the day of the murder. 1 1 took them more than thirty min- 
utes, he said. Donley gave fifteen minutes as the estimate of 
the time. ' 

On cross-examination, Attorney Hooper went thoroughly 
into every detail of the experiment in an attempt to discount 
its value. He succeeded many times during the afternoon 
in bringing the jury and audience to mirth. 

Attorney Hooper also attempted to prove that Dr. Owens 
was unduly interested in the case. He produced a letter writ - 
ten to the grand jury before the trial asking the indictment 
of Conley as an accessory. Dr. Owens said that he had writ. 
ten the communication a1 the compulsion of his conscience. 

When John Ashley Jones took tin- stand to tell of Frank's 
character, the state opened its first attack upon the superin- 
tendent's moral reputation. When the witness was turned 
over for eross-examination, Dorsey was on his feet in a min- 
Lurling questions one after another. 

"You never heard it said that he took gir's in his lap at 
the factory, did you?" 

"No." 

"Did you ever talk to L. T. Conrsey of Miss Myrtle Cator? 
You never heard them say that Frank would walk into the 

women's dressing r us without offering any explanation for 

this intrusion.", 
o." 

"Did you ever hear of him trying to put his arm around 
Miss Myrtis Cator and attempting to shut the door just be- 
fore the factory closed one afternoont" 

100 






_■■ 



At this point Airs. Rae Frank, mother of the defendant, 
turned in her seat and faced the solicitor. 

"No, nor you either," she cried "you dog!" It was a 
tense moment. The court was thrown into an uproar. 

Attorney Arnold, in a sympathetic voice, said *" Mrs. Frank, 
if you stay in the court room, I'm afraid you'll have to hear 
these vile, slanderous lies, and I would suggest that if you 
have reached the limit of your patience you might retire 
for a little whi:e." 

. Mrs. Frank arose and was escorted through the crowded 
court room to the door by Attorney Herbert Haas and some 
other men of the Frank party. 

Mrs. Lucile Frank showed considerable emotion for the 
first time since her husband's trial began; and the' face of 
the accused man flushed when the solicitor hurled his sensa- 
tional question at the witness. 

Dorsey then continued his questioning: 

"Do you know Tom Bfackstock?" 

••No." 

"You didn't hear how Frank stood and looked at poor lit- 
tle Gordie Jackson? You didn't hear how it was the talk 
of the factory?'' 

"No." 

"You didn't hear what he tried to do to Lula McDonald 
and Rachel Prater t" 

"No." 

" You didn't hear what he said to Mrs. Pearl Dodson when 
he stood talking to her and her daughter with money in his 
hand, and you didn 't hear how she hit him with a monkej 
wrecnch?" 

"No." 
You didn't talk to Mrs. (!. D. Dunnegan and Miss Marian 
Dunnegan about him?" 

"No." 

"You didn't hear how he was accustomed to slap girls and 
how he had nude pictures in his office? You did not talk 
to Mrs. Wingard, of 45 Mills street, about him, did you?" 

"No." 

The solicitor finished tus examination suddenly at this point 
and sat down, silence falling over the court. 

Mrs. Rae Frank remained away from the court room during 
the entire afternoon. She appeared in an automobile at ad- 

101 



journment time, however, and gave her son his usual good- 
night kiss. 

Next day she resumed her seat by his side and never again 
during the trial did she interrupt the court with an interjec- 
tion. , 

The defense fought bitterly this attempt of Solicitor Dor- 
sey to get the implications of these questions before the jury 
Attorney Arnold repeatedly termed the tactics unfair, unjust, 
and unethical. Judge Poan allowed them to remain in the 
record, however. 

Thursday morning, August 14. Solicitor Horsey, upon the 
opening of court, asked that Mrs. Leo and Mrs. Rae Frank 
^eluded from the court room. lie feared another outbreak 
tike the one of Wednesday afternoon. 

" i am doing only my duty," he said in addressing the court, 
"and it is unfair to allow some one in the room who will 
heap abuse upon nte." Judge Roan refused to comply with the 
solicitor's request when the women, through Attorney Arnold. 
agreed to make no more interruptions. 



< HAPTER XVII. 



Frank's Alibi. 



A formidable array of witnesses to corroborate Frank 'b alibi 

were introduced. Miss lle'en Curran, of 160 Ashlty street, 

appeared in the case for the first time, and testified that she 

saw Frank in front of a drug store at Whitehall and Ala- 

a streets at ten minutes alter 1 o'clock. 

Mrs. M. G. Michael, of Athens, an aunt of Mrs. Lucile 
Frank, who was visiting at the home of her sister, Mrs. C. 
Wolfsheimer, 387 Washington street, a few blocks from 
Frank's home, declared that she had seen the factory super- 
intendent about 2 o'clock on the afternoon of the day of 
the murder as he was leaving his home on his way back to the 
pencil faetory. She was corroborated by Jerome Michael, her 
son. Mrs. A. B. Levy testified that she had seen Frank get 

102 



off a Georgia avenue street car half a block from his home 
at 1:20 o'clock. 

Cohen Leob testified that he had ridden down town with 
Frank on a Washington street ear, and H. J. Hiuchey corro-, 
borated this witness when he said he had seen him aboard 
the street car a few minutes after - o'clock. Jlinehey was 
in his automobie when he looked up and saw Frank through 
the window of the ear. 

Miss Rebecca Carson declared that she and her sister had 
seen Frank in front of the store of M. Rich and Bro. in White- 
hall street about 2:20 o'clock, and thirty minutes later at 
Whitehall and Alabama streets. Frank had been watching 
the Decoration Day parade in the interim, according to his 
statement. 

A number of former employes of the factory were called to 
testify that they had never seen improper conduct on the 
part of Frank, nor anybody else connected with the factory. 
One youth who had once been employed as an office boy, de- 
clared that on last Thanksgiving day, when Conley said he 
had watched for Frank, had worked with the negro in the box 
room on the fourth floor of the factory. He was corroborated 
in this by Herbert Sehiff. 

Several friends of the Se'ig family were called to testily 
that Frank had exhibited no signs of nervousness on tlif 
night of Katurday, April 26. They declared that they had 
been guests of Mr. and Mrs. Selig his father and mother-in- 
law, and that Frank, although he took no part in the card 
game, composedly read a paper. On one occasion, tliev assert 
ed, he called the attention of the card players t<> a joke he 
had come across in the paper. On cross-examination of these 
witnesses, Solicitor Dorsey attempted to briug out the fact 
that Frank attempted to appear too care-free on this night 
and to attract the attention of those present when he laughed 
so vociferously. 

On the afternoon of Saturday, August 16, Mrs. Rae Frank 
took the stand in her son's beha'f. She was called to identify 
a letter bearing the date of April 26, which was supposed 
to have been written by her son. It was addressed to his 
wealthy uncle, M. Frank, who at that time was in New York 
on his way to Europe. 

Here is the letter: 

103 



••Atlanta, Ga., April 26, 1913. 
" Dear I Tiiele : 

" I trust tli Ht this finds you and dear auntie well after arriv- 
ing safely in New York. I hope that you found all the dear 
ones well in Brooklyn, and I await a letter from you telling 
me how you found things there. Lueile and 1 are well. 

"It is too short a time since you left for anything start- 
ling to have developed down here. The opera has Atlanta 
in its grip, bu1 that ends today. I have heard a rumor that 
opera will not be given again in a hurry here. 

•'Today was yondef here .and the thin gray lines of veter- 
ans .smaller eaeh year, braved the chil'y weather to do honor 
to their fallen eoinrades. 

"Inclosed you will find last week's report. The shipments 
still keep up well, though the result is not what one would 
wish. There is nothing new in the factory, etc., to report, 
[nclosed please And the price 'isi yon desired. 

"The next letter from ine you should get on board ship 
Al'irr thaj I will write to the adi i gave me in Prank- 

fort. 
"Mnefa love to you both, in whieh Lueile joins me. 
" lam your affectionate nephew. 

(Signed) "LEO M. FRANK." 

The communication formed another link in Prank's time 
alibi, as well as tending to show that he was laboring under 
no extraordinary mental strain on the afternoon of the murder 
Friday afternoon the defense announced that it had called 
1 on more witnesses to testify as to the good character of 
Frank. The majority of them turned out to be girls employed 
on the fourth floor of the pencil factory. Conley in one of 
his statements had asserted thai the girl with whom he had 
caught Frank in an unnatural position was employed in this 
pari of the factory. 

.Mrs. B. II. ('arson was one of the first of these witnesses to 
be called. She testified that Frank's character was good and 
that she had never beard a word of criticism against him 
abont the factory. 

She was followed by many other women employes of the 
factory who testified that, bo far as they knew, the character of 
their superintendent was beyond reproaeh. 
To all of them Attorney Arnold put this question: 
"Have you ever at any time met Leo M. Frank, the defend- 
ant, in the factory or anywhere else for an immoral purpose?" 

104 



la every instance the answer to this question was emphati- 
cally in the negative. 

One woman became so perturbed when the question was 
put to her tbat she declared she would die for her superior. 

Miss Irene Jackson was called by the defense as a char- 
acter witness, but the prosecution drew from her startling 
testimony. She declared that on at least three occasions to 
her personal knowledge Frank had come to the door of the 
girl's dressing room on the second floor of the factory, aud 
stood looking at the occupants of the room. Miss Jackson 
declared that not always were the girls in these apartments 
fully robed when the superintendent looked in. 

Har'.ee Branch, a reporter for the Atlanta Journal, was 
called to tell of an interview with Conley when the latter 
was confined to the county jail. He declared that Conley 
had denied several weeks after the murder seeing Lemmie 
Quinn enter the factory on Saturday, April 26. On cross- 
examination, Solicitor Dorsey developed the fact that the wit- 
ness had been with the city detectives when James Conley 
re-enacted in pantomime the concealing of the body on the 
day of the crime. His aim was to refute the testimony of 
Dr. William Owens, Branch said that Coniey had taken ap- 
proximately half an hour to go through his movements on 
that day. 

Nearly everyone of the employes connected with the factory 
said that Conley had a bad character and that they would not 
believe him on oath. Several of the girl eited instances when 
they had loaned hiin money and he had failed to repay it. 



CHAPTER XIX. 
Attorneys Threatened 

When court adjourned at noon on Friday, August 16, three 
weeks hud been occupied in the taking of evidence— and the 
end was not yet in sight. It was predicted that all -of the 
next week would be taken up in the introduction of rebuttal 
and sur-rebuttal evidence and arguments to the jury. This 
was correct. The trial did not end until near tbe middle of 
ita fifth week. 

105 



- 



The lawyers were almost exhausted. It had been a severe 
strain on all of them. Court convened daily at 9 o'clock and 
remained in session until 12:30, when recess was taken for 
dinner. This lasted an hour and a half. 

At' 2 o'clock court resumed and the evening adjournment 
was not taken until about six o'clock in the afternoon. Every- 
one of the attorneys was constantly on the alert. If he was 
not questioning he was i'o. lowing in his mind the trend of 
the testimony ready to interpose an objection or fight over 
some questionable legal point. During the first thre^ weeks 
Luther Rosser, one of the most stalwart lawyers in the South, 
lost twenty-five pounds in weight. Solicitor Dorsey became 
pale and nervous and Eeuben Arnold and Frank Hooper 
showed traces of the terrific straiu. 

The lawyers for the defense were working under an added 
hardship, a so. They received numerous threatening letters 
from all parts of. the state. They were the communi < .ons 
of fanatics, who were radically in sympathy with the move 
of Solicitor Dorsey to semi the prisoner to the gallows. Dur 
ing the whole trial Reuben Arnold was followed by a I 
guard of three men, while bis brother lawyer, Rosser. had two 
oonstantly at his side. They were hedged about like a pn si 
dent with secret service operatives. 

Telegrams and letters of advice and condemnation also poni- 
ed in to the attorneys for both sides from all parts of the 
country. One man in Nashvile. Tenn.. spent at least $100 
in writing to Mr. Rosser suggestions and hints as to how to 
proceed with the presentation of the ease of the defense. The 
Tennessean bad a chart, he said, by which he could tell jnst 
what move to make next. These communications were, of 
course disregarded if they ever were read. 

The fourth week of the trial marked a tightening of ten- 
sion over the whole eity. The crowds around the court house 
grow louder aud more demonstrative. An added force of po- 
licemen and deputy sheriffs kept them in order. 

During the whole trial Leo M. Frank was probably the 
coolest man directly connected with the ease. His expression 
and bearing never changed. He was always the same stoic, 
impasive Frank. He stood the long, hot gruelling trial with 
the composure and patience he inherited from a race of peop'e 
who had been persecuted for aeons. 

His mother and his wife, too, withstood the strain well. 
Only on the one occasion did the elder Mrs. Frank display 

106 



emotion or passion. In the courtroom she sat at the left 
of her son with her eyelids drooping. Mrs. Leo Frank sobbed 
tonally and frequently fondled her husband's hands while 
he was hearing commendation and denunciation from the 
mouths dt-' witnesses. At times when the evidence against 
her husband seemed particularly severe she rested her head 
on his shoulder and tears rolled down her face ami her 
frame shook. 

Probably the most remarkab'e feature of the whole Frank 
ease was the way the young man 'a friends stuck by his side 
in her hour of need. During his three months' wait in the 
ity ,j;iil lor trial there was always one at the door of his 
eell and they were present in the court room by the seores. 
Babbi David Marx, of the Atlanta Synagogue, denied himself 
a trip to Europe that lie might remain in Atlanta to comfort 
the presidenl of the D'Nai DVith. 

.Muses Frank, the millionaire uncle of the defendant, was 
.unable id Be present at the trial. He was ill in Europe and 
when his nephew was charged with one of the most horrible 
crimes in Georgia's criminal history, he was unable to return 
to America. Frank's father also, who lived in Brooklyn, New 
York, was finable to be present on account of ill health. 

The trial was the longest in the history of the South, and 
Frank stood it as well as any prisoner who ever faced the 
scaffold. Not once did he waver. 

The slat.- made no attack upon his mentality. Even Solici- 
tor Dorsev il escribed him a mental collosus, with a brain 
iide of great things if driven in the right direction. 

The references made to the defendant in the arguments 
to the jury which closed the famous trial are worthy of 
mention. These were the comments of the four leading at- 
torneys: 
Attorney Luther Z. Rosser: 

You heard him on the stand. You can take a counterfeit 
dollar of the right size and the right weight, one that would 
fool the secretary of the treasury, and drop it — and it will 
not have the ring of the genuine. 

Arnold or I could have told his story, but it would not 
have had the ring of truth to it* I have proof that I never 
wrote his statement. I couldn't have done it! lie has more 
hrains than either of us. 

You heard his story. It had the ring of truth to it, unmis- 
takab'e, unrefutable. 

107 



This man is a victim of suspicious circumstances. 

It was an awful crime, the killing of that little girl. But 
it is a far worse crime to aceuse this young man of her 
murder. Ihope I never see this trial duplicated in a court- 
room. 
Attorney Reuben R. Arnold: 

We are not claiming perfection for this defendant, gen- 
tlernen, any more than we claim it for ourselves, or you claim 
it for yourselves, or Solicitor Dorsey and his associates claim 
for themselves. But he is a moral gentleman. 

The greatest injustice in this case has been the whispered, 
unspeakable things, the very suspicion of which is damning. 

The state has built its (rase on Conley's statement and it 
stands or falls with it. As that negro lay in his cell at police 
station, he conjured up the story he has told. And it was 
monstrous. If we hang a man on a story like that we are 
uo better than grub worms. 

I am glad to espouse this man and fight for his cause. I 
know the public eventually will commend me for it. And I 
know my own conscience vri'.l commend me. 
Solicitor Hugh M. Dorsey: 

I believe these poor, unprotected working girls who say 
he is of bad character. Sometimes a man of bad character 
OSes charitable and n*ligious organizations to mask his real 
self. 

VI any a man has worked in high society, and appeared with- 
out as a whit ed sepulcher, while he was rotten to the core 
within. 

Oscar Wilde, brilliant, whose literary works will go down 
through the ages, had a good reputation, but he didn't have 
the character. 

This man has a reputation — and that is all. He has no char- 
acter. 

.... As sure as you are born that man is not like other 
men. Others without Mary Phagan's stamina and charac- 
ter yielded to his lust. But she did not. And he strangled 
her to save his reputation. His hands are red with her 
blood. 
Attorney Prank A. Hooper: 

This defendant, like Dr. Jekyl, when the shades of night 
came, threw aside his mask of respectability, and was trans- 
formed into a Mr. Hyde. And then he did not seek the com- 
panions of Dr. Jekyl, but, like Hyde, went to a lower stratum 

108 



where he picked up Dalton and his kind. And he went with 
them instead of the men who have come here to give him a 
good character. 

The factory was a great place for a man with lust and 
without conscience. No doubt the situation under which this 
man worked was a great temptation — too great for him. 

We say a crime was premeditated, that as far back as March 
Prank had his lustful eyes on this little girl. He knew 
that Gantt, this long-legged mountaineer was the only man 
in the factory who wou'd raise his hand to protect her. So 
he discharged him. 

On the morning of Monday. August 18, Solicitor Dorsey 
intimated by questions that he asked witnesses for the de- 
fense in cross-examination that he stood ready to prove that 
on Saturday preceding the murder Frank was accompanied 
by a yoajng girl on a long ride on the Hapeville line and 
that he had endeavored to induce her to leave the car at 
several different places. 

Miss Emily Mayfiekl, one of the employes of the factory 
who was named by Miss Irene Jackson as having been in 
the dressing room when Prank opened the door and looked 
in, repudiated this testimony. She declared that on no occa- 
sion had she known the superintendent to conduct himself 
improperly toward the women employes. By other witnesses 
introduced at the twelfth-hour by the defense, the Solicitor 
brought out the fact that Frank and Con'ey had been on the 
fourth floor of the factory at the same time on the Tuesday 
following the murder. It was at this time, according to Con- 
Icy, that Frank called him aside and admonished him to "be 
;i K«»<>d boy." 



HAPTER XX. 
Franks' Own Story. • 

Frank took the stand himself Monday afternoon and with 
his life at stake made the most remarkable statement ever 
uttered in a criminal court room in Georgia. It was so im- 
pressive that it brought many to the belief that he was in- 
capable and innocent of the crime charged against him 

109 



Prank began his statement at five minutes after 2 o'clock, 
he finished four hours later at five minutes after 6. He talked 
with three brief intermissions. Twice he was interrupted by 
Solicitor Horsey, who objected to the exhibition to the jury 
of articles not entered in evidence and once he Stopped for a 
drink of water. When he finished his voice was clear as at 
the commencement, of the ordeal. Willi his last sentences lie 
held his auditors breathless. ■ 

"A newspaper man," he said, "called me the 'silent man 
in the Tower.' T was silent because my counsel advised me 
to be. They told me to wait until the proper time to telt 
my story. 

"This is the place. The hour is here. And gentlemen, I 
have told you the truth and the whole truth." 

At any other time, in any other place, the conclusion would 
have been melodramatic. Here it was simply the final appeal 
of a man pleading for his life — an eloquent appeal. 

There was absolute silence in the court room for perhaps 
ten seconds when Frank finished. Then the stillness was 
broken almost simultaneously by the sobbing of Mrs. Leo Prank 
and the laconic command of Attorney Arnold: 

"Come down." 

The accused man stepped from the stand with just as muck 

self-possesion and just as sprightly a step as he had walked 

upon it four hours before. Whatever may have been the 

in on his mentality, there was no physical sign to reflect 

if. He resumed his seat between his wife and mother. 

The younger woman threw her arms around him and sobbed 
on his shoulder. He tried to comfort her with tender affec- 
tion. The mother took her son's head in her hands and kissed 
him passionately again and again, she, too. cried, hut did 
not break down as did the wife, who was still convulsed when 
Frank was led away by the sheriff to his quarters in the 
Tower. 

Where some men with their life in the balance would be 
nervous, Leo Franl was coo: and in complete control of -all 
his faculties ; where som would have 'been overcome, 

he ealked with the simplicity he would have employed in a 
commonplace conversation; where some men's minds would 
have been ehaiotic, he performed complex mathematical prob- 
lems in his brain. 

Beginning with his birth in Paris, Tex., he reviewed his 
life briefly. He told o {attending school in Brooklyn, of going 

110 



thn-ugh collet,--'. He told of the organization of the National 
Pencil company and of a trip to Europe to study the manufac-* 
ture of pencils. He koid of his life in Atlanta. 

"The days since I married have been the. happiest of my 
life," he said. 

Without a trace of hesitancy he told of his actions on the 
daj he is alleged to have murdered Mary Phagan. Calmly 
he flatly contradicted the statements of Jim Conley, the negro, 
whose sworn statement has placed him so elose to the ga'lows. 

"The statement of Conley is a tissue of lies. I know noth- 
ibout the death of the little girl, and the accusation that 
1 called him to help dispose of the body is a monstrous lie. 
The statement that he saw me with women in an unnatural 
position is a lie so vile that I have no words to denounce 
it. I have no wealthy relatives in Brooklyn. My father is an 
invalid, and he and my mother have only enough to live mod- 
erately on. Then' is no fund for my defense. My attorneys 
will be paid by the disposal of a portion of the estate of my 

Is 

.Inst as eoolly he contradicted the sworn evidence of G. 15. 
Dalton. "The statement that two women came into my office 
for immoral purposes is a base lie." 

During the recounting of his story, Prank stepped from 
the stand to explain the work of preparing the weekly finan- 
sheet of the factory, a part of his ''circumstantial alibi." 
Laying his papers on the rail which fronts the jury box 
he addressed the twelve men who can send him to death if they 
so wi'l with just the same earnestness one can imagine him 
addressing a buyer over his desk in the factory of the National 
Pencil company. He discussed the figures and went through 
the computations as intelligently as if he did not, have the 
weight of Ids life upon his should^ 

On Saturday, April 26, I rose between 7 and 7:30 and leisure- 
ly washed and dressed, had my breadfast, caught a Was! 
ton gtreel or Georgia avenue ear — I don't know which — at. the 
corner of Washington street and Georgia avenue, and arrived 
at the factory on PorByth street, the Forsyth street plant, at 
about 8:30, that is my recollection. 

On my arrival at the factory, I found Mr. Holloway, the 
dav watchman, at his usual p'aee, and T greeted him in my 
usual way; I found Alonzo Mann .the office boy, in the outer 
office. ltook off my coat and hat and opened my desk 
opened the safe, and assorted the various books and files and 

111 



wire trays containing the various papers that were placed 
there the evening before, and distributed them in their proper 
places about the office. 

I should figure about 9:15 o'clock, a quarter after nine — 
Miss Mattie Smith came in and asked me for her pay en- 
velope, and for that of her sister-in-law, and I went to the ' 
safe and unlocked it and got out the package of envelopes 
that Mr. Schiff had given me the evening before and gave 
her the required two envelopes, and placed the remaining 
envelopes that I got out ,that were left over from the day 
previous, in my cash box, where I would have them handy 
in case others might come in, and I wanted to have them 
near at hand without having to jump up and go to the safe 
every time in order to get them. T keep my cash box in the 
lower drawer on the eft-hand side of my desk. 

Mr. Darley left with me to Montag's about 9:35 or 9: 4 0, 
and we passed out of the factory, and stopped at the corner 
of Hunter and Forsyth streets, where we each had a drink 
at Cruickshank's sodawater fount, where I bought a pack- 
age of Favorite cigarettes, and after we had our drink, we 
conversed together there for some time ,and I lighted a cigar- 
ette and told him good-by. as he went in one direction and 

I went on my way then to Mantag Brothers, where I arrived, 
as nearly as may be. at 10 n'eloek, or a little after. 

On entering Montag Brothers, 1 spoke to Mr. Sig Montag, 
the general manager of the business. I spoke to Miss Hattie 
Hall, the pencil company's stenographer, who stays at Montag 
Brothers, and asked her to come over and help me that morn- 
ing. (Frank explained here the work awaiting him for which 
he heeded help). I returned to Forsyth street alone. On 
arrival at Forsyth street, I went to the second or office floor, 
and I noticed the clock, and it indicated five minutes after 

II o'clock. I saw Mr. Holloway there, and I told him he 
could go as soon as he got ready. I then went into the office, 
1 went in the outer office and found Miss Hattie Hall, who had 

eded me over from Montag's and another lady who intro- 
duced herself to me as Mrs. Arthur White, and the office 
boy; Mrs. Arthur White wanted to see her husband. It was 
about this time that 1 heard the elevator motor start up and 
the circular saw in the corpenter shop, which is right next 
to it, running; T heard it saw through some boards, which I 
was the work that Mr. Hol'oway had referred to. 

112 



it was about [his time that Mrs. Emma Clark Freeman and 
Miss Corinthia Hall, two of the girls who worked on the 
fourth floor, came in and asked permission to go upstairs and 
get Mrs. Freeman's coat, which I readily gave, and I to'.d them 
at the same time lo tell Arthur White that his wife was down- 
stairs. A short time after they left my office .two gentlemen 
came in, one of them a Mr. Graham, and the other the father 
of ;i boy by the name of Earl Burdette. These two boys 
had gotten into some sort of trouble during the noon re- 
cess the day before, and were taken down to police headquar- 
ters, and, of course, didn't get their envelopes the night be- 
fore, and I gave the required pay envelopes to the two fathers, 
and chatted with them at some length in reference to the 
trouble their boys hod gotten into the day previous. 

\inl just before they left the office, Mrs. Emma (Hark 
Freeman came into my office ami ;iske<l permission to use the 
telephone. 1 got Miss Hattie Hall and dictated what mail 
1 had to ^rivc her. Miss Hall finished the work and started 
to leave when the 1- o'clock whistle blew. She l«-ft the 
office and returned, it looked to me, almost immediately, call- 
ing into my office that she had forgotten something, and then 
she left for good. 

(Here Frank gave a long explanation of the pencil factory 
method of transcribing orders.) 

To the best of my knowledge, it must have been from ten 
to Rfteeen minutes after Miss Hall left my office when this 
little girl, whom I afterwards found to be Mary Phagan. en- 
tered my office ami asked for her pay envelope. 

I asked for her number and she told me. I went to the 
cash box and took her envelope out and handed it lo her, 
identifying tin' envelope by the number. 

Site left my office and apparently had gotten as far as the 
door from my office leading to the outer office, when she 
evidently stopped and asked me if the metal had arrived, and 
I told Iter no. Shi' continued on her way out and I heard 
the sound of her footsteps as she went away. 

It was a few moments after she asked me this question 
that 1 had an impression of a female voice saying something; 
1 don't know which way it came from; just passed away and 
1 had that impression. This little girt had evidently worked 
in the metal department by her question and had been laid 
off owing to the fact that some metal thai had been ordered 
had not. arrived at the 1'aetory; hence, her question. 1 only 

113 



recognized this little girl from bavin her around the 

plant and did not know her name, simply identifying her 
envelope from nor having called her number to 

Slu- bad left the plant hardly five minutes when Lemmie 
Quinn. the foreman of the plant, came in and told me that I 
ooald nol keep him away from the factory, even though it was 
a holiday; at whieh I smiled and kept on working. He first 
asked me if Mr. SehilY had come down and It.old hin 
bad not and he turned around and left] 1 continued work 
until J finished this work and these requisitions and I looked 
at my watch and noticed thai it was a quarter to one. 1 
called my home up on the telephone, for I knew that my 
wife and my mother-in-law were going to the matinee and 
I wanted to know when they would have lunch. I got my 
house and Minola answered the phone and said that they 
would have lunch immediately and for me to come right on 
home. 

I then gathered ray papers together and went up stairs to 
see the hoys on the top floor. This must have been, since I 
had just, looked at my watch, ten minutes to one I noticed 
in the evidence of one of the witnesses, Mrs. Arthur White, 
she states it was 12:35; that she passed by and saw me, That 
is possibly true; I have no recollection obout it; perhaps 
her recollection is better than mine:; 1 have no remembrance 
of it, however. 1 expect that is so. 

When 1 arrived upstairs, I saw Arthur White and Harry 
Deuham who had been working up there and Mr. White's 
wife. I asked them if they were ready to go and thej 
they had laid out some work and I had to see what work 
they had done and were going to do. I asked Mr. White'.; 
wife if she was going or would stay there as 1 would be 
obliged to lock up the factory, and -Mrs. White said no, she 
would go then. I went down and >y papers 

and locked my desk and wen; around and washed my hands 
and pnl on my hat and coal ami locked the inner door to 
my office and locked the doors to the streets and started to 
go home. 

Now, gentlemen, to the best of my recollection from the 
time the whistle blew for 112 o'clock until after a quarter 
to one when 1 went upstairs and spoke to Arthur White 
and Harry Den ham. 1 did not stir out of the inner office; but 
it is possible that in order to answer a call of nature 1 may 
have gone to the toilet. Those are things that a man does 

114 



unconsciously and cannot tell how many times nor when 
he does it. Now, sitting in my o ce at my desk, it is im- 
possible for me to see out into the outer hall when the safe 
door is open, as it was that morning, and not on'y is it 
impossible for me to Bee out, but it is impossible for people 
to sec in and see me there. 

{Frank told here of his trip borne, bifl dinner, and his re 
turn to the factory.) 

T unlocked the street door and then unlocked the inner door 
and left it open and went on upstairs to tell the buys that 
F had ftome back and wanted to know if they were ready to 
go. At that time they were preparing to leave f wait 
immedia'ely down to ray office and opened the safe an,l my 
desk and hung- up my coal and hat and started to work on 
the financial report, which J will explain. Mr. Schiff had 
not come down and there was additional work for me to do. 

In a few minutes after I started to work on the financial 
sheet, which I am going to take up in a few minutes, f heard 
the bel' ring on the time clock outside and Arthur White and 
Harry Denham come into the office and Arthur White bor- 
rowed $2 from me in advance on his wages. 1 had gotten 
■■■irk '>n the financial sheet, figuring it out. when I hap- 
pened to go out to the lavatory, and on returning to the oftiee. 
the door pointed out directly in front. I noticed Xewt Lee, 
the watchman, eominu irmn toward the head of the stain, com- 
ing toward me. 

I looked ai il Lock and told him the night before to some 

back at 4 o'clock, for 1 expected to go to the baseball game. 

At thai time Xewt Lee eanie along and .greeted me and 
offered me a banana out of a yellow bag which he carried, 
which 1 presume contained bananas; 1 declined the banana 
and told him thai I had no way of letting him know how long 
that I was to he there ai work and Hint 1 had changed my 
mind about going to the ba! game. I told him that he could 
go if he saw fit for an hour and a half, but to be sure and 
be back by f< ■■'■><> o'clock. He went off down the staircase 
leading out and I returned lo my office. Now, in reference 
in Xi'wi Lee, Hie watchman, the ftrsl night hfe estte there 
to watch I personally took him around the plant, first, second 
and third floors and into the basement, and told him that he 
would be required, that it was Ids duty, to go over thai entire 
building every half hour; not only to completely tour the up- 
per four floors, hul to u r o down to the basement, and 1 specially 

115 



must dangerous places for a fire and I wanted him to be 
stressed the point that thai dust bin along there was one of tin- 
sure and go back there every half hour and to be eareful 
how he held his lantern. I told him it was a part of his 
duty to look after and lock that back door and he fully 
understood it, and I showed him the cut-off for the electric 
current and told him in case of fire that ought to be pulled 
so no fireman coining in would be electrocuted. I explained 
everything to bin in detail and told him he was to make that 
tour every half hour and stamp it on the time card and that 
that included the basement of the building. 

{ Frank at this point rave an elaborate explanation of the 
financial sheet, and his Saturday afternoon's work.) 

T finished this work that 1 have just outlined at about 
five minutes to 6. and I proceeded to take out the clock strips 
from the clock which were used that day and replace them. 
1 won't show you these slips, but the slips that T put in 
that nijjbt were stumped with a blue ink, with a rubber dat- 
ing stamp, "April 28," at the bottom, opposite the word 
"date." 

(He explained the time s'ips.) 

As I was putting these time slips into the clock, as men- 
tioned, I saw Newt Lee coining up the stairs. It was as near 
as may be 6 o'clock. I finished putting in the slip and went 
back to wash up. and as I was washing, I heard Newt Lee 
ring the bell on the clock when he registered his first punch 
for the night, and he went down stairs to the front door to 
wait my departure. After washing, I went down stairs — I 
put on my hat and coat and went down stairs to the front 
door. 

As I opened the front door I saw outside on the street, on 
the street side of the door, Newt Lee in conversation with Mr. 
J. M. Gantt, a man that I had let go from the office two 
weeks previous. Tiny seemed to be in discussion, and Newt 
Lee told me that Mr. Gantt wanted to go back up into the 
office and he had refused him admission, because his instruc- 
tions were for no one to go back into the factory after he 
went out, unless he got contrary instructions from Mr. Darby 
or myself. I spoke to Mr. Gantt, and asked him what he 
wanted. He said he had a couple pairs of shoes, a black 
pair and a tan pair in the shipping room. I told Newt it. 
would be a'l right to pass Gantt in, and Gantt went in, Newt 
Lee closing the door and locking it after him — T heard the 

116 



bolt turn in tbe door. 1 then walked up Forsyth street to 
Alabama, down Alabama to Broad street, where 1 posted 
two letters, one to my uncle, Mr. M. Frank, and one to 
Pappenheimer, a few minutes after 6, and continued on my 
way down to Jacobs' Whitehall and Alabama street store, 
where 1 went in and (jot a drink at the soda fount and bought 
my wife a box of candy. Itben caught the Georgia avenue 
ear and arrived home about 6:25, 

(Frank told of calling up Newt Lee and detailed an ordinary 
evening at home until he retired at 11 oc.'ock.) 

The next- day, Sunday, April 27. I was awakened at some- 
thing before 7 o'clock, by the telephone ringing. 1 got out 
of bed, put on a bath robe and wenl down to answer the 
telephone and ■ man's voire spoke to me over the phone and 
said — I afterwards found out this man that spoke to me 
was City Detective Starnes — ; "Is this Mr. Frank, superin- 
tendent of the National Pencil companj .'" I says: "Yes, sir." 
lie says: "I want you to come down to the factory right 
away.*' f siivK : "What's the trouble; has there been a fire?" 
lie says: "No. a tragedy; I want you to come down right 
away." 'I says: "All right." He says: "I'll send an auto- 
mobile for you." 1 Bays: "All right," and bung up and went 
upstairs to dress. 

I was in the midst of dresing to go with the people who 
should come for me in the automobi'e, when the automobile 
drove up, the bell rang and my wife went down stairs to 
answer (lie door. She had pn just a night dress with a roll- 
over it. 1 followed my wife — 1 wasn't completely dressed 
at that, time, didn't have my trousers or shirt on — and as 
soon as I could get together, get my trousers and shirt on, 1 
went down stairs following my wife in a minute or two. 

I asked them what the trouble was. and the man who I 
afterwards found on i was Detective Black, hung his head and 
didn't say anything. 

Now. at this point, these two witnesses. Mr. Rogers and 
Mr. Black differ with me on the plaee where the. eon versa 
tion occurred. I say, to the best of my recollect ion, it occur- 
red right there in the house in front of my wife; they say 
it oeeurred just a* 1 lefl the house, in tin- automobile; but 
he that as it may. this is tin- conversation: They asked me 
did I know Mary Phagan. I told them 1 didn't: they then 
said to me, "Didn't a little girl with long hair hanging down 
ber back OOme up to your office yesterday sometime for her 

117 



money — a little girl who works in the tipping plant?" I said, 

"Yes, I do remember such a girl coming up to my office, that 
I didn't know her name was Mary Phagan." 

"Well, we want yon to eorae down with us to the factory." 
and I finished dressing, and as they had said they would 
bring me right hack. 

[ didn't have breakfast, but went right on with them in 
the automobile, made tfe« trip to the undertaking estab'ish- 
ment very quickly-^-1 mean, they made the trip down town 
very quickly — and stopped at the corner of Mitchell and Pryor 
They told me they were going to take me to the 
undertaker's first, that they wanted me to see the body and 
see if I could identify the little girl. 

I went with them to the undertaking establishment, and one 
of the two men asked the attendant to show us the way into 
where the body was. and the attendant went down a long, 
dark passageway with Mr. Roger's following. Then T came 
and Black brought up the rear. We walked down this long 
passageway until we got to a place that was apparently the 
door to a small room — very dark in there, the attendant went 
in and suddenly switched on the electric light, and T saw 
the body of the little girl. 

Mr. Rogers walked in the room and stood to my right, inside 
of the room. I stood right in the door, leaning up against 
the right facing of the door, and Mr. Black was to the left, 
leaning o nthe left facing, but a little to my rear ,and the at- 
tendant, whose name T have since learned was Mr. Glieesling, 
was on the a side o fthe little cooling table to wh ere 1 

stood. T,w ^ 

In other words, the little tabic was between him and me. He 
removed a cloth and there was a deep scratch over the left 
on the forehead: about the neck. 

There whs twine — a piece of cord similar to that which is 
user! at the pencil factory, and also a piece of white rag. 

After looking at the body, T identified that little girl as 
the one that had been up shortly after noon the day previous 
and trot her money from me. We then left the undertaking 
establishment, got in the automobile and rode over to the 
pencil factory 

(Frank told here of the trip through the factory.) 

Now, gentlemen, I have heard a great deal, and so have 

you, in this trial, about nervousness, about how nervous T 

was that morning. 

118 



Gentlemen, I was nervous. I was very nervous. I was com- 
pletely unstrung. I will admit it. Imagine, awakened out 
of my sound sleep, and a run in the coo', of the morning in an 
automobile driven at top speed, without any food or break- 
fast, rushing into a dark passageway, coming into a darkened 
room ,aud then suddenly an electric light flashed on, and to 
see the sight that was presented by that poor little child. 
Why, it was a sight that was enough to drive a man to dis- 
traction, That was a sight that would have made a stone 
melt. And then it is suspicious, because a man who is or- 
dinary flesh and blood should show signs of nervousness. 

Just imagine that little girl, in the first blush of young 
womanhood had had her life so erue'ly snuffed out, might 
a man not be nervous who looked at such a sight T 

Of course, I was nervous; any man would be nervous if 
he was a man. 

(Frank told here of the trip to Police Station and then of his 
return to his home.) 

After dinner I read a little while, and finally caught the 
ten minutes of 3 Georgia avenue car going downtown. I 
got off at the corner of Pryor ami Mitchell streets and went 
into the undertaker, Bloomfleld's, where I saw a large crowd 
of people nearby on the outside. 

On entering, I found quite a Dumber of people who were 
working at the pencil factory, among whom were Mr. Schiff, 
Herbert Schiff, N. V. Darley, Wade Campbell, Alonzo Mann, 
Mr. Spilter and Mr. Viginci. I chatted with them a few'min- 
utes, and J noticed that the people who were going in to 
see the body where standing in line and moving, in, and that 
others from the factory were going in and I thought I would 
go in too and pay my respects. 

I went and stood in line, and went into the room again and 
staid a few minutes in the mortuary chamber. 

The lttle girl had been cleaned up. Her hair had all been 
cleaned and smoothed out ,and there was a nice white sheet 
over the rest of her body. 

1 returned to the front of the undertaking establishment, 
and stood chatting with Herbert Sehiff and Mr. Darley until 
the party with whom we had made the arrangements came up, 
and we gave them the keys with instructions as to watching 
the plant that night. Then Mr. Darley and Mr. Schiff and 
myself went down to police headquarters and went up into 
Chief Lanford's office, and the three of us stood talking there, 

119 



answering all soils of questions that not only Chief Lan- 
forrl, but the other detectives, would shoot at ns< and finally 
Mr, barley said he would like to talk to Newt Lee. 

Then he went into another room, and I presume they 
brought Newt Lee up from the cell, so he eould talk to him. 

"When Newt Lee was gone, the detectives showed us the 
two notes and the pad back with slill a (vw unused leaves 
to it, and the pencil that they claimed they had found down 
in the basement oear the body. 

{Prank cited vain attempts to discipher the notes, of leav- 
ing, passing by the pencil factory, where they saw a '"morbid" 
crowd, and of returning hum.'; be told of going to the police 
station Monday and of interviewing detectives there; he also 
told of being taken to the pencil factory and shown blood 
spots on the floor of the metal room.) 

Frank told here of retaining Harry Scott; he a'so told of 
Ids actions on Tuesday, when he was arrested at the pencil 
factory and taken |<> police station. <\. 

It was about this time they look me from upstairs to the 
sergeant's desk and Detectives Starnea — John M. Starnes, I 
think his name is— came in and dictated from the original 
notes that were found near the body, to nic to get a sample 
of my handwriting. 

They took me then to a room on the top of the building and 
Isat in the room there ami cither read magazines or news- 
papers and talked to my friends who came to see me until 
1 was about to retire at midnight. 1 had theh cover of mv' 
cbt turned back and 1 was going to bed when Detective Scott 
and Detective Black, at midnight, Tuesday. April 29. came 
in and said : 

"Mr. Frank, we would like to talk to you a little bit. Come 
in and talk to us." 

1 says: '"Sure. 1 will be only too glad to." I went with 
them to a little mom on the top floor of the headquarters. In 
that room was Detective Scott and Detective Black anil my- 
self. They stressed the possibility of couples having been let 
into the factory at night by the night watchman, Newt Lee. 

1 told them that I didn't know anything about, it, that if 
1 had, I certainly would haw put a stop to it long ago. They 
said: "Mr. Frank, you have never talked alone with Newt 
Lee. Von are his boss and he respects you. Sec what you 
can do with him. We can't gel anything more out of him. 
can.' 1 I says: "All right, 1 understand what you 

120 * 



mean; I will do my best," because I was only too willing 
to help. 

Black says: "Now, pot it Btrong to aim, and tell him to 
cough up and tell all he knows. Toll him that you are here 
and that he is here and thai he better open up and tell all he 
knows about happenings ;it the pencil factory that Saturday- 
night, or you will both go to hell." Those were the detec- 
tives' exact words. 

I told Mr, Black I caught his meaning, and in a few min- 
utes afterwards Detective Staines brought up Newt Lee from 
the cell room. They put Wwt Lee into a room and hand- 
cuffed him to a chair. 1 spoke to him at some length in there. 
but I couldn't gel anything additional oul of him. 

Tie said In- knew nothing about couples coming in there at 
night, and remembering the instructions Mr, Black had given 
me 1 said: "Now, Newt, you arc here and 1 am here, and 
yon had better open up and tell all you know, and tell the truth 
and the full truth, because you will get us both into lots of 
trouble if you don't tell all yon know*" and he answered me 
like an old negro: "Before God, Mr. Frank, I am telling you 
the truth and 1 have told you all 1 know." 

And tl onversation ended right there. Within a min- 
ute or two afterwards the detectives came back into the room. 
that is. Detective Scott and Detective Black, and then began 
questioning Newt t*ee, and then it was that 1 had my tirst 
initiation into the third degree of the Atlanta police depart - 
in nt. The way that fellow Black cursed at, that poor old 
negro. Newt Lee, was something awful. ITe shrieked at him; 
ollowed at him; he cursed and did everything bul beat 
him. Then they took Newt Lee down to a cell and f went to 
my COt in the outer room. 

Now before closing pay Btatemenl I wish to touch upon b 
couple of insinuations and accusations other than the one on 
the bill of indictment, that have been leve'ed against me so 
far during the trial. The tirst is this, the fact that I would 
not talk to the detectives; that 1 would not see Jim Conley. 
Wei!, let's look into the facts a few minutes and see whether 
there was any reason for that, or if there be any truth in that 
statment. 

On Sunday morning I was taken down to the undertaking 
establishment, to the 'factory and T went to headquarters. 1 
went to headquarters the second time, going there willingly 
without anybody coming for me. On each occasion T answer 

121 



ed them frankly and unreservedly, gving them the benefit 
of the best of my knowledge, answering all and any of their 
questions, and discussing the matter generally with them. 

On Monday they came for me again. I went down and 
answered any and all of their questions and gave them a 
statement which they took down in writing, because I thought 
it was right and I was only too glad to do it. I answered 
them and told them all that I knew, answering all questions. 

Tuesday I was down at police station again, and answered 
every question and discussed the matter freely and openly 
with them, not only with the police, but with the reporters 
who were around there ;talked to anybody who wanted to 
talk with me about it, and I have even talked with them 
at midnight when I was just about to go to bed. 

Midnight as the time they chose to talk to me, but even 
at such an outlandish hour I was still willing to help them, 
and at their instigation I spoke to Newt Lee alone, but what 
was the resu't? They commenced and they grilled that poor 
negro and put words into his mouth that T never said, and 
twisted not alone the English, but distorted my meaning. 

I just decided then and there that if that was the line 
of conduct they were going to pursue T would wash my hands 
of them. I didn't want to have anything to do with them. 
On the afternoon of May 1, T was taken to the Fulton county 
tower. 

On May 3 Detectives Black and Scott came up to my cell 
in the Tower and wanted to speak to me alone without any 
of my friends around. Isaid all right, I wanted to hear 
what they had to say that time. Then Block tore off some- 
thin? like this: "Mr. Prank, we are suspicious of that man 
Darley. "We are watching him; we have been shadowing him. 
Now, open up and tell us what you know about him." 

I said: "Gentlemen, you have come to the wrong man, be- 
cause Mr. Dar'ey is the soul of honor and is as true as steel. 
He would not do a crime like that, he couldn't do it." 

And Black cherped up: "Come on, Scott, nothing doing, " 
and off they go. That showed me how much reliance could 
be placed in either the city detectives or our own Pinkerton 
detectives, and I treated such conduct with silence and it 
was for this reason, gentlemen, that I didn't see Conley, sur- 
rounded with a bevy of city detectives and Mr. Scott, because 
T knew that there would not be an action so trifling, that 

122 



there was not an action ao natural but that they would dis- 
tort and twist it to be used against me. 

(Frank denied here the implication that he knew Conley 
could write and didn't tell the authorities.) 

The statement of the witness Dalton, he continued, is utterly 
false as far as coming to my office and being introduced to 
me by the woman Daisy Hopkins is concerned. If Dalton 
was ever in the factory building with any woman, I didn't 
know it. I never saw Dalton in my life to know him until 
this crime. 

In reply to the statement of Miss Irene Jackson, she is 
wholly mistaken in supposing that 1 ever went to a lady's 
dressing room for the purpose of making improper glances into 
the girl's dressing room. I have no recolection of occasions 
of which she Speaks, but I do know that that ladies' dress- 
ing room wi the fourth floor is a mere room in which the 
girls change their outer clothing. 

There was no bath or toilet in that room, and it had win- 
dows opening onto the street. There was no lock on the door, 
and I know I never went into that rona at any hour when 
the girls were dressing. These girls were supposed to be at 
their work at 7 o'clock. 

Occasionally 1 have had reports that the girls were flirt- 
ing from this dressing room through the windows with men. 
It is also true that sometimes the girls would loiter in this 
room when they ought to have been doing their work. It 
is possible that on some occasions I looked into this room 
to sec if tin- ^ii-ls were doing their duty and were not using 
• this room as a place for loitering and for flirting. 

These girls were not supposed to be dressing in that room 
after 7 o'clock and 1 know that I never looked into that room 
at any hour when 1 had any reason to suppose they were 
dressing. 

Gentlemen. I know nothing whatever o fthe death of little 
Mary 1'hagan. I had no part in causing her death nor do 
I know how she came to her death after she took her money 
and left toy office. I never even saw Conley in the factory 
or anywhere else on that date, April 26, 1913. 

The statement of the negro Conlep iB a tissue of lies from 
first to last. I know nothing whatever of the cause of the 
death of Mary Phagan, and Con'ey's statement as to his coming 
up and helping me dispose of the body, or that I had anything 
to do with her or to do with him that day. is a monstrous 
lie. 

123 




The. story as to women coming into the factory with me for 
immoral purposes is a base lie, and the few occasions that 
he claims to have Been rac in indecent positions with women 
is a lie so vile that 1 have no language with which 'to fitly 
denounce it. 

I have no fit' li relative in Brooklyn, X. Y. My father is 
an invalid. My father and mother together are people of 
very limited means, who have barely enough upon which to 
live. 

Bay father is not able to work. I have no relative who has 
any means at all. except Mr. M. Prank, who lives in Atlanta 
tia. Nobody has raised a fund to pay the fees of my at- 
torneys. These fees nave been paid by the sacrifice in part 
of the small property which my parents possess. 

Gentlemen, some newspaper men have called me "the si'ent 
man in the tower, and I kept my silence and my counsel ad- 
visedly, until the proper time and place. The time is now; the 
place is here, and I have told you the truth, the whole truth. 
The court was still as Frank left the stand. 
With the statement of the defendant, the state rested its 
ease. Tuesday morning Solicitor General Dorsey opened in 
rebuttal He firs! attacked the character of Daisy Hopkins. 
Numerous witnesses said that she had home an unsavory 
reputation during and following the time she was employed 

at the factory, A street car torman declared that he had 

visited her room by appointment one night and that she had 
showed him teeth marks on various parts of her body. The 
girl told him thai her foreman had hitten her. the witness 
stated. 

A youth who had been employed in the factory tor a few 
weeks several mouths prior to the murder declared that he 
had seen Prank talking to Mary on one occasion. The wit- 
ness stated thai the conversation had taken place in the 
metal room near the little girl's machine. lie had heard 
Frank remark to her: "You've got to talk to me. I'm the 

superintendent of this factory." This was in reply, he said, 
to a remark of the girl that she "must get fo work." 

On Tuesday the state made a determined effort to prove 
that Frank was not of good character. A severe blow was 
struck when Judge Roan rn'ed, after an hour or more of 
argument between the opposing counsel, that the- state could 
not introduce specific acts of misconduct against the defend- 
ant. As far as the court would permit him to go was to 

124 



put the girls whom the state declared were willing to testify 
that Frank had made indecent proposals to them on the stand 
in testify that thi' accused was of bad character. This dis- 
heartened the state, but nearly a score of girls were called 
during the day, who declared that Prank's character for las 
civiousness was had. Miss Myrtiee Cato was the first of these 
witnesses called. 

"Are you acquainted with the general character of Leo 
M. Frank, prior to and iiie'uding April 26, 1913?" asked 
the prosecutor. 

"Yes." 

"Was that character good or bad?" 

•Bad." 

"Did you ever work at tlie National Pencil factory '.'" 

"Yes." 

"When did you stop work therei" 

"On April 28." 

"How long did you work there*" 

"Three and a half years." 

"What floor did you work on?" 

"The fourth floor." 

"She is with you, gentlemen," said the solicitor, turning 
to the attorneys lor the defense, he having exhausted the 
questions allowed him by the law. 

"Come down," said Attorney Etosser. 

The defense thus refused to cross-question these witnesses. 
As it, was impossible for the state to get the testimony be- 
fore the jury direct, and the defense refused, the twelve 
jurymen were left in ignorance as to iiow serious that evi- 
di-nce might have been had it been brought out. 

Miss Maggie Griffin was the next, witness. Site testified 
in answer to the same questions that she knew the genera', 
character of Frank and that it was bad. She said thai she 
worked at the factory for two and a half months and that she 
worked on the fourth floor. 

Solicitor Dorsey paused a moment and Attorney Rosser 
in a low tone asked the witness: "When did you quit work 
at the factory?" She answered that she quit in February. 

"Wait a minute," said Solicitor Dorsey. "I'm not through 
yet." 

"I beg your pardon," said Attorney Rosser. "I thought 
you had finished." 

12* 






"Now. said the solicitor, "I am going to ask you h qu 
tion, and I don't want you to answer it until the judge tolls 
you whether you can answer il <>r not. Are you acquainted 
with the general ehai E Leo M. Frank as to his rela- 

tions with women." 

Immediately there was au i m Attorney Rosser. 

Dorsey contended that the testimony of the defense's wit- 
jiut in issue this specific phase of Prank's chara* 

The jury was sent out. 

Attorney Rosser insisted thai the state could not show any- 
thing bul general character, "I thought." said be, "that 
your honor bad ruled to thai effeet already." 

Solicitor Dorsey replied by saying: "Your honor ru 
that we could not show specific instances, and to that ruling 
we sulmiit. This, however, is a different pn m. The 

statement hy the defendant t<> t In- jury that he never had 
women in his office put that phase of his character in issue." 

"Now. your honor." continued tin- solicitor, "while the 
jury is out 1 want to show by this witness that she saw Frank 
go into the dressing room on the fourth floor with Ofi* of the 
foreladies. and that no one else was in then- at the time." 

Attorney Kossrr objected strenuously. 

Solicitor Dorsey continued: "Certainly, your honor, we are 
entitled to show that one of the xft-y witnesses i<( the defense. 
who testified that she knew of no wrong conduct on the part 
of the defendant and that she had never bees guilty of any 
wrong conduct with him, was seen by this witness to go into 
the dressing room with him on the fourth floor." 

Judge Roan: "Are you offering this testimony in rebut- 
tal to the testimony of the lady yon .speak <> 

Solicitor Dorsey: "Yes. sir, that's exactly the way we 
are offering it." 

Attorney Rosser objected on the ground that the testimony 
of their witnesses- towit, the women who work on the fourth 
floor, was offered in rebntta! to the testimony of James I 

ley. 

Judge Roan: "] rule. Mr. Dorsey, tlfat if yon undertake 
to show a distinct crime, the testimony will not be admissi- 
ble. Hut if you offer the testimony in contradiction to the 
imony of one of the witnesses for the defense, I think 
you can put it in. Also. I am inclined to think you can 
show the defendant's character as to his relations with wom- 



en.' 



126 



^ 



Ai ii' ruling with 1 he. demand that be- 

fore the solicitor could i ffei the testimony as a contradiction 
of the defense witness, the defense witness must first be put 
hack rni the stand by the solicitor for cross examination. This 
demand was based on his contention that the defense witness 
had testified to eonduel in Prank's offiee. 

"All right," said the solicitor. "Bring in Miss Reb< 
i 'arson. " 

The jury returned to the court room. 

Miss Griffin continued on the stand. 

"Ho you know tin- general character of Leo M. Frank .is 
to his attitude toward women?" 

"Yes, I do?" 

"What is it"' 
"Had." 

Under cross-examination by Attorney Rosser, 

"How long did you work at the factory!" 

"Two months."' 

"What floor?" 

"Fourth." 

"Whom, did you know there?" 

The witness ni id several young women. 

"What did you do when you left the factory'.'" 

"I didn't work for two months, and then \ went to the 
cotton mills." 

"Where do yon live?' 

"84 Evans drive. Fort MoPhersoo." 

This concluded th< xamination. and Solicitor I 

Bey recalled Miss Myrliee ( 'ato. 

The solicitor asked Miss Cato if she knew Prank's gen- 
era! character as to his relations with women, and she re- 
plied ''Xn." She was asked by Attorney Rosser where she 

works now, she replied, "Cone's drug store." 

In reply to other questions, she said she lives at 59 Tumlin 

street, and that she worked in the factory for over three 

years. 
Mrs. R. M. Dunnegan was the next witness. She answered 

the solicitor's questions* saying that she knew Prank's gen- 
character and that it was had. In reply to the ques 

lion as to whether or not she knew of Frank's relations with 

women, she said no. The witness staled that she worked 

:|! |,,,. factory tWO years ago for two or three weeks. At thai 

time, she said. Bhe was fourteen years old. 

127 



J 



She was excused without cross-examination. 

Mrs. II. J. Johnson, of Stonewall, Gra., was called. Mrs. 
Johnson said she worked at. the pencil factory two months 
during 1910. She said Frank's general reputation was bad. 
Asked if she knew of his relations with women, she said "not 
very much." The court held that the solicitor could ask 
no further questions. 

Jinny women followed in rapid succession. The defense 
neglected to cross-examine all. except to ask them their ad- 
dresses. 

Cue of the women .according to Solicitor Dorsey, was ready 
to testify that Frank had made an indecent proposal to her 
in his private office, ami that she had brought a monkey 
wrench into use before sin.: escaped from the room. 

Aunt her, the solicitor asserted, would tell of a lascivious 

proposal made by Prank which indicated that he was abnor- 
mal, 

Miss Dewey lieu ell. who was brought to Atlanta from the 
Home of the Good Shepherd in Cincinnati, especially to tes 
tify, said thai. Frank had known .Mary Phagan and thai she 
had seen Slim in conversation with her. 

"llow often wou'd he talk to her'.'" the witness was asked. 

"Sometimes two or three times a day." 

"What did you see him do '" 

"I saw hint put his hand on her shoulder." 

" Did he do anything else :' 

"No, sir. I didn't see lum do anything else." 
"Did lie call her by any name, and if so. what'.'" 

s, sir. he called her Mary." 
"Where did lie stand when in- talked to hi 

"He would stand close 1o her." 

Wednesday afternoon, August 20, both sides rested. The 
introduction of sub-rebuttal evidence took huti little more 
than an hour in the afternoon and the state had finished its 
rebut! a I goon after the nnn recess. The tetsimony of wit- 
nesses -who had figured in the time alibi of Frank was at- 
tacked as we I as thai of the physicians who refuted the evi- 
dence of Drs. Harris and Hurt. 

Nathan Sinkovitz. a pawnbroker, swore that M. E. il« 
Coy, who earlier in the trial had testified to seeing Mary 
Phaguu OB her way to the pencil factory about 12 o'clock 
on the day of the murder, had pawned his watch with him 

128 



•^ 



in January and that the ti piece had remained in his pus 

session until August.. 

Others refuted the statements of the street, car men that 
Mary had not heen accompanied by little George Epps when 
she came to town on the fatal day. 



CHAPTER XXI. 

Lawyers Laud and Denounce Frank. 

In an eloquent speech, replete with word pictures, som. 
times sarcastic, sometimes pathetic, sometimes humorous, but 
;ii all times dramatic, Attorney Prank A. Hooper, Thursday 
morning opened the state's argument for the conviction of 
Leo M. Frank for the murder of .Mary Phagan, He commenced 

days of oratory, unparalleled in the history of Georgia. 

Mr. Hooped began his speech by declaring to the jury that 
the state was nut Beeking a verdite of guilty unless the defend- 
ant was gui'ty, and that the state cheerfully assumed the 
burden of proving him guilty. 

"This man." he said, pointing to Frank, "should not be con- 
victed because the Saw is seeking a victim. We are not look- 
ing for blood. We are simply seeking to find and punish the 
murderer of lit He Mary Phagan." 

Mr. Hooper scored tin' conditions existing at the pencil fac- 
tory, called attention t . ■ the fad thai after many witn< 
iiad sworn that Frank's charaeler was bad the defense had 
Failed to interrogate them as to why they held to such opin- 
ions. 

Tie described the defendant as a Dr. Jekyl and Mr. Hyde — 
a man who was congenial with two widely different, sets 
of associates. Mr. Hooped declared that Jim Conley had 
Mood 'ike Stone Mountain in the face of the terrific bom- 
bardment direeted at him by Attorney Rosser in an effort 
to break him down. 

The effort failed saiil the speaker, because Conley had, af- 
ter telling many lies, eventually arrived at the truth. 

Perhaps the most dramatic portion of Mr. Hooper's speech 
was when he said: "Give the defendant the benefit of every 

199 



doubt, the circumstances show thai be either killed this little 
girl, or sat there in his office and let the negro kill her and 
drag her body down the hall to the elevator end take it down 
to the basement. This murder took p'ace in the metal r 
and it occurred while Monteen Stover was in Frank's office. 

Mr. Hooper reminded the jury that although Frank had 
sworn that he did not leave his office between 12 and 1 o'clock 
the Stover girl had gone there during that period and found 
the office empty. x 

"1 don't believe Frank had murder in his heart when he 
followed Mary Pliagan hack into the metal room." said Mr. 
Hooper, "but he had in his heart the lustful passions stored up 
for this little girl. Tie was killing her when Monteen Stover 
came to the office." 

Hooper touched on the evidence only in a general way. He 
dea't more with the law. Tic defined the reasonable doubt, 
told the jury of the value of character testimony, of the worth 
of circumstantial evidence. 

Attorney Hooper occupied less time than any of the others 
who followed him. Attorney Arnold, who succeeded him on 
thp floor, argued four hours and forty minutes and Luther 
Rosser took exactly the same time. Solicitor Dorsey talked 
between eleven and twelve hours, making one of his longest 
speeches ever made by a prosecutor in a criminal ease in the 
South. <. > 

A wonderfully persuasive and convincing speaker, Mr. Ar 
no'd was perhaps never more effective than in the Frank trial. 

lie spoke de iberately, choosing his words, pausing for em- 
phasis, and the gestn master actor could not have been 
more dramatic. 

His tall form enabling him to see and be seen from every cor 
ner of the court room, the peculiar resonant quality of his 
voice rising high above all other sounds, be caught and held 
the attention of spectators and jury alike with the magic of 
his eloquep 

IF started by picturing the jury as set above and apart 

i the public, sequestered, guarded, reading no papers and 

hearing nothing of the pub'ic discussion of the trial, in order 

that they may impartially weigh the evidence and make up 

their verdict without bias or prejudice. 

Then, turning to address the courtroom rather than the 
jury. Attorney Arnold excoriated the "long-tongued, loud- 
talking sap beads who immediately conclude that a man is 

130 




LEO M. FRANK, the Accused. 



131 



guilty the moment tlie finger of suspicion is directed towards 
him." 

lit: denounced those who would punish the defendant "for 
no other reason than that he is a Jew.'' He declared that 
if Frank had not bt-fn a Jew he never would have been prose- 
cuted. 

He paid his respects to the jury by saying they are "way 
above" the average, "I'm not saying this to flatter you," 
said he. "I reckon 1 have tried eases before a thousand 
judges, and I'm telling you the simple truth." 

" L<-o Frank comes from a race of people that have made 
money," he said. "And that has made some people envious. 
1 tell everybody, all within hearing of my voice ,that if he 
hadn't been a Jew he never would have been prosecuted. 
That negro Conley has been brought into court to tell his 
own tale, not corroborated but prompted. 1 am asking my 
kind of people to give this man fair play. Before I'd do a 
Jew an injustice, I'd want my throat cut from ear to ear. This 
is a ease that they've built up by degrees. They've got a 
monstrous perjurer here by the name of Conley. And they 
brought a man up here who before this crime nobody had ever 
said a word against ,and asked you to believe this negro against 
him. 

"Then- is always such evidence in a criminal case and al- 
ways a preinonitiion of such evidence. After the trial was 
in progress two or three weeks they got a lot of floaters, and 
they testified. In my criminal experience I have seen a lot 
of such witnesses. [ don't know whether it's imagination 
that makes them do it, but there is a certain class 'that is 
always ready to otter evidence. We've got a lot in this case 
that shouldn't be in. It's been put in to prejudice your mind 
against the defendant." 

He took up every detail of the stale's theory and with pow- 
erful logic undertook to show thai this theory is unreason- 
able and absurd. 

Then as to Conley. If lie had been the solicitor and the ne- 
gro had been the defendant charged with the murder of Mary 
Phagan. Attorney Arnold could not have surpassed himself in 
trying to convince the jury of Conley 's guilt. 

He argued that the brutal manner in which Mary Phagan 
was killed is characteristic of a negro. "This man," said he, 
of Frank, "docs not come of a violent race." He argued 
that Coney's opportunity for killing the girl was vastly bet- 
ter than Frank's opportunity. 

132 



His theory, constructed with consummate skill, was this: 
That Conley, on that Saturday morning, was half drunk, his 
passions inflamed, crazy for money;; that he lurked in the dark 
passageway on the first floor at the foot of the stairs, accord- 
ing to his own admission;; that he watched with greedy eyes 
■ very woman and girl who passed, as shown by his describing 
on the witness stand in minute detail the kind of dresses and 
shoes worn by the girls; that .Mary I'hagan mine down 
stairs with her mesh bag in her hand; that Conley grabbed 
it, she refused to turn it loose and screamed, he struck her 
the blow over the left eye and knocked her down, and she 
got the blow on the back of the head as she fell; that Conley 
dropped her body through the elevator shaft, hung around 
the factory until Frank eft. went down into the basement and 
linished his brutal work, that then, finding the front door lock- 
id and also being afraid to show himself on the front, broke 
opes the back door of the basement and went his way. 

The law is that before a man ean In- ennvieted on circum- 
stantial evidence the reirciimstanrrs must be so strong as to 
exclude every other reasonable hypothesis except that of the 
guilt of the accused. 

If Attorney Arnold himself had laid down this principle I" 
tit his rase, he could not have made it (it the case more per 
fectly to suit his immediately purpose of clearing Frank. 

His job was to convince the jury that .Mary I'hagan 's mur- 
der can be explained just as easily—if not more easily — -on the 
theory that Conley did it, as on the theory that Frank did it. 

"Suspicion," he said, "first was directed to Frank because 
he was the only man in the factory. He was the only man who 
had an opportunity to do it. Denham and White were on the 
fourth floor, and probably Mrs. White, too. They say they 
don't know anything about it. and I don't believe they do. 
Nobody knew anybody was down by that elevator hole, the 
moat favorable part of the factory tor a crime, until long 
after Frank had been arretted, ft did not crop up for weeks. 
Hut by that time the police were after Frank. 

"First, they started on Newt Lee. If he had been a weak 
and yielding negro, and had seen he could get favor from the 
police by telling a fairy tale on Prank the police would have 
thought' they had put a feather in their cap. Mr. S:arnr> 
may think be is working for truth and justice, hut 1 don t 
think so. It's like that decision from the court of appeals 
that I read to you this morning. Evidence gained bf per- 

133 



secution or torture or the third degree is dangerous evidence. 
I don't believe Starnes or Black would write out something 
and say, 'Swear to that.' But they didn't have to. 

"Conley could construct a whole story simply because they 
said to him, ' Ymi can't swear to that. Nobody will believe 
you.' I 'vfl hoard people nay that Conley couldn't have thought 
this up; he didn't have the imagination. Everybody wlm 
has ever been around a court house much knows that negroes 
'ike children Imv an unlimited capacity for imagination. My 
friend Hooper this morning said, 'Mow did he know so much 
about Fiank?' He pointed to that word 'chat.' Why every- 
body knows that negroes mock their bosses and try to learn 
their expressions. I've seen three or four of them together 
trying to talk like tk-eir boss does. 

"As that negro lay in his eeU at police station, he conjured 
up the story that he lias told; and it was monstrous. 
■ "I don't suppose much was thought of it when Conley said 
he couldn't write. A lot of negroes can't. But then they 
found the pawn tickets after two or three weeks, and the 
writing on them was identical with the writing on the notes. 
They confronted Jim with it and finally he admitted it. As 
soon as he copied off the notes, it was apparent that he wrote 
the originals. Seeing he was caught, he finally made this first 
miserable confession. 

"He was conjuring up a p'ot to save himself. He had weeks 
and weeks to do it. He knew they were trying to make a case 
against Frank. He knew they were trying to indict Frank. 
It was the most natural thing in the world for him to put the 
blame on Frank. And he had smooth sailing in doing it. 
When he did it, he said he did it because Frank wouldn't 
stick to him. 1 don't suppose in criminal annals a prisoner 
ever had a better chance to lay a crime on another than 

here. 

"And lie had earnest hearers, these detectives were afraid 
they would lie criticised if they did not press the case against 
Frank. He was a well-known man. 

"1 am partisan, gentlemen, and 1 admit it. And the solici- 
tor says that lie is not. God knows, gentlemen. I've never 
heard such partisanship in any court before. I never heard 
a solicitor general, sworn to enforce the law impartially, says: 
'I'll go as far as the court will let me,' he said when checked 
by the court. How far did he go, out of court? Nobody but 
God ever will know. And if the length the solicitor general 

134 



that high official, has gone can be measured only by the infi- 
nite, to what length do you suppose ietectives went! 

"There is only one other man besides Dalton, who said 
that he, Dalton. had been to the factor; with a woman. And 
he said that Dalton went into the factory with a woman be- 
tween! gad 2 o'clock— when Prank always was at lunch. 
This man. and T have qo reason to believe he was not telling 
the truth, says that he only saw Dalton enter the front door, 
and does not know where lie went inside the building. That 
was at a time when the .same entrance was used by the C'-ark 
Woodenware Company and by the pencil factory. Rut. gen- 
tlemen, T am prepared to admit that Dalton left an oozy- 
trail of a serpent, whether he went tn the factory or to the 
woodenware company. 

"Now. gentlemen, is there anything else except the inci- 
dents where Frank was connected- and I'm coming to that 
later — against the factoryl Is there anything indecent, any- 
thing that would make it different from other factories? 
Think of a factory that had on it the keen eyes of Starnes. 
who stops at nothing; the watchful eyes ,,f Black, whom 1 
love and whom 1 want to put my arms around every time 
T see him: and the eagle eyes of Pat Campbell, who didn't 
dare to go on the stand for fear I'd ask him how he got 
those statements from Oonley; and the eyes of Scott- who 
was one of that lovely quartette. Is there a factory in Geor- 
gia that eon'd stand the searching probe which they gave 
this one? 

'-'Lot us see. Tn the first place, we've had a mighty up- 
heaval in Atlanta in the last year or two. My friend Beavers 
written a new decalogue, and he has searched the town 
with a fine tooth comb, hunting for wrongdoers. He has put 
on a md— I was near saying an immoral squad, but 1 

won't. A vice squad has been searching the city for every 
louse on the head of the body politic TTad this factory been 
polluted, would it have escaped? 

"Would Schiff. over there, or Dalton. or any one of a him 
dred others, he at larce todnv. if they had been running a dis- 
rly house in that factory? One of the crudest thine* 
that my friend Hooper said— and he doesn't want to he cruel, 
he is so mild that he can't do much harm— was that the evi- 
dence showed that Schiff and Dar'ev were immoral. There a 
not a thimr to show guilt or misconduel on the part of that 
man Schiff — not a line of evidence 

136 



Solicitor General Hugh M. Dorsey's speech was the niosl 

remarkable of the trial. He was on the floor more than eleven 
hours and talked on parts of three different days. Beginning 
when Attorney Rosser closed Friday afternoon he talked un- 
til adjournment resumed again Saturday morning, and spoke 
without a stop until 2 o'clock in the afternoon, when court 
rn-rsscd until Monday morning. On Monday he resumed his 
argument and did nol complete his address until noon. 

The principal reason for the long adjournment was the fear 
of returning a verdict on Saturday night with the center 
of town flooded with peop'e. 

Horsey covered t'vcvy point of the ease fully and faithfully. 
!If clinched even fact he had brought out. And his arraign- 
ment of Frank was probably the most bitter that has ever 
been aimed at a defendant in a murder trial in the whole 
country, lie termed him a "man with a reputation, but no 
character," as a "man not like other man." and likened him 
in Oscar Wilde, the famous literary genius, to Dnrant, the 
famous San Francisco slayer, and to Pastor Rieheson, of 
Boston. 

Every time In- emerged from Ihe building Dorsey was greet- 
ed with plaudits. The bulk of the people commended his at- 
titnde and his wonderful effort to make sure the conviction 
of (lie young factory superintendent. 

"This is not on'y an important case. It is an extraordinary 
ease. The crime was extraordinary— an awful crime, a most 
heinous crime, the crime of a demoniac. The crime, demand- 
ed vigilant, earnest, conscientious effort on the part of your 
detectives and on my part. And it demands earnest con- 
sideration on your part. It is important because of the im- 
portance, standing and ability of counsel pitted against ui — 
four of them — Messrs. Arnold and Rosser. and the two Messrs. 
Haas. 

"Extraordinary because of the defendant. Extraordinary 
use of the manner in which these geDtlemeu have argued 
the ease: Mr, Rosser, the rider of the wind and stirrer of 
(he storm, and Mr. Arnold, as mild a mannered man as 
ever cut a throat or scuttled a ship. They have conducted 
themselves extraordinarily*. 

"They have maligned and abused me and the detectives. 
They heaped calumny on me to such an extent that the good 
mother of the defendant here arose and in this presence de 

IMfi 



• ■»-* 



uounced me as a dog. It is an old adage, and it is true, that 
no thief ever fell the halter draw with a good opinion of the 
law." 

Turning toward the defendant and bis party of friends, 
Mr. Dorsey continued : 

"1 don't want your good opinion. I neither ask it nor 
seek it. And if you did give it to me, [-would doubt my 
own honesty. "Prejudice and perjury,' says Mr. Arnold. And 
then they use that stereotyped phrase, 'It fatigues my in- 
dignation' to argue this case. Don't et this precious indig- 
nation disturb your nerve and deter you from your duty. 
They ought to have been indignant. They have been paid 
to play the part. 

"Prejudice and perjury,' they say. gentlemen, Do you 
think that 1 Or the detectives have been actuated by pre 
judice? Would we, sworn officers of the law, have sought 
to hang this man because of racial and religious prejudice, 
and passed up dim Conley, a negro! Prejudice! When Gantt 
was arrested and then released; when Per was arrested and 

exonerated. Hut when you get Frank, you get prejudice. 
they say. 

"Let us Bee. They were disappointed. The ease was not 
pitched on the fact thai ihis defendant is* a Jew. By no word 
or act in this case have we indicated thai he was Jew or Gen- 
tile, or black or while. We would have despised ourselves 
if we had asked for conviction on account of prejudice. 

"The first time prejudice was brought into the case, it was 
brought in by them and brought, in for a purpose "Never 
have 1 seen two men so delighted as Etdsser and Arnold when 
they put those questions to Kendley. Never will I forget 
that scene. We did not put it in, and prejudice is not in this 
case. 

"Mark you, they, not us. raised the cry of prejudice. 

"I say here and now the race front which this defendant 

comes is as good as ours. His ancestors were civilized when 
ours were eating human flesh. I honor ilic race that produced 
Disraeli. I honor the ia.ee that produced J. P. Benjamin. 
as great a lawyer as ever lived in America or England— and he 
lived in both. I honor Strauss, the diplomat, and the man 
who went down with the Titanic. I roomed with a man of 
this defendant's race at college. And one of them is my 
business partner. 1 honor Rahbi Mark, and I listen to him 
with pleasure and pride. 

187 



"But, gentlemen, when Becker wished to put to -death 
Rosenthal, it was men ot' Rosenthal's race that he sought for 
his purpose. Abe Hummel has died in New York, and Abe 
Rent* in San Francisco. And Swartz has paid the penalty 
tor stabbing a little girl. 

"These things show that this great people are amenable 
to the same laws as you and I; and the same laws as an At' 
rican. 

"This defendant has not a good character, 1 submit. He 
1ms a good reputation among the people who do not know lus 
real character. 

"Snt suppose be bad a good character. That amounts to 
nothing. David ol" old was a great character until he put old 
:i into the forefront id' a great battle, so he would be 
kil'eil and David could take his wife. Benedict Arnold was 
brave.. He enjoyed the confidence of all the people and those 
in charge of the If evolutionary war, until he betrayed bis 
country. Oscar Wilde, an Irish knight, a literary man, bril- 
liant, the author of works that will go down through the ages, 
a man who bad I lie effrontery when the Marquis of Queens- 
bury thought there was something wrong between Wilde and 
the son of the marquis, to withstand one of the greatest cross- 
examinations on record — Oscar Wilde .that man, bore a good 
reputation until he. was proven guilty. 

"Wherever the English language is read, the coo'iicss of that 
man who underwent the cross-examination of those able law- 
yers will remain forever a study for lawyers. Not even Oa 
ear Wilde's wife nor Ids children knew of bis perversion. 
And it never would have been discovered had not one man 
bad the boldness to start an investigation that eventually sent 
him to prison, lie was a literary man, whose cross-examina- 
tion is a thing to be read with admiration. But, he was con- 
tacted, and in bis tottering old age be confessed. He is the 
man who raised the sunflower from the rank of weed to 
that of flower. Bill he was a pervert — fl man of previous 
good character, 

"Abe Ruef. of San Francisco, a man of his religion," point- 
ing to Frank, "was of previous good character, but he cor- 
rupted Smith and everything that, he came in touch with. 
Ruef 'a career terminated in the penitentiary eventually. 

"Good character isn'1 worth a cent, gentlemen, if you've 
got a '-ase proved! 

138 



"And erime doesn't go only with the poor. The ignorant, 
like Jim Conley, commit small crimes. But a man of high in- 
tellect sometimes commits a big one — an intellect which, if 
directed in the right lane, would bring honor and glory, but 
which if not so directed drags a man down to the depths 
-. in the ease of this defendant before you. 

"Look at McCune. tire mayor of Charlottesville, Va. Not- 
withstanding his good reputation, he did not have a rock- 
Im'iI nf character. Tiring of his wife, he shot, her in the 
l as she was in the bathtub, and a jury of brave Virgin- 
ians sent him to a felon's grave. He hud the respect of 
the people. 

"Rieheson, nf lioston. was a preacher and enjoyed the con- 
fidence of bis flock. He was engaged to marry a fascinating 
young woman of Boston. But he was entangled with an- 
other young woman of whom he wanted to rid himself. And 
lie forgot himself so far as to murder. 

"Ail these cases were decided on circumstantial evidence, 
After Rieheson had fought through the courts, he. hoped that 
a governor would save his life. But a Massachusetts jury 
:nid a Massachusetts governor were brave enough to make 
him pay the lawful penalty for his crime. That's an exam- 
ple to encourage every right-thinking man. 

"Henry Clay Beattie, a man nf sp'endid family, a man 
of wealthy family, proved his character — although be didn't 
possess it. TTe took his wife .the mother of a twelve-months- 
old baby, out for an automobile ride and shot her in cold 
blood. Yet that man, looking at the blood in the automobile, 
joked. He was cool and calm, but he joked too much. The 
defectives in that ease, as in this ease, were maligned and 
abused. There was a slush fund to save him from the gal- 
lows But a jury of Virginia farmers sent him to his doom, 
and put the citizenry of that great enmmonwea'th on a higher 
plane. Beattie never confessed, but left a note to be read 
after he was dead, in which he admitted the erime charged 
nst him. 

"Then there was Crippen. of England. He was a doctor. 
a man of high standing, a man of unblemished reputation. 
He killed his wife because of an infatuation for another 
woman. He hid her body away where he thought, as this 
man thought," pointing to Frank, "that il would never be 
discovered. Bui murder will out. The body was discovered. 
And Crippen was executed, to the glory of old England. 

139 



"Gentlemen, you have an opportunity that comes to few 
men. Measure up to it ! 

"Vou say that Conley has been impeached? I say that 
he has not been impeached except by those with their hands 
in the till of the National Pencil factory. His general charac- 
ter is un impeached, exeept by the words of the hirelings 
of the National Pencil factory. Yet you would say that he 
nutted this crime, when all you have been able to briiifr 
up against him— despite the fact that they have interviewed 
all of his former employers — is that he has been locked 
up in police station on the charge of disorderly conduct. Is 
Conley sustained? Yes. abundantly. 

"Our proof of the general bad character of Frank sustains 
•liin Coney. Yonr failure to examine these hair-brained fa 
natice, as Mr. Arnold calls them without rhyme or resaon, 
sustains Jim Conley. His relations with Hiss Rebecca Car- 
son, who is shown to have gone to the dressing room with him. 
sustain Jim Conley. 

"Your own witness, .Miss Jackson, says that this libertine 
and rake went into the dressing room and stood with a sar- 
donic grill — she sustains Jim C'onley. Miss Kitchens, who 
worked on the fourth floor, and whom yon did not produce. 
by her statement of how he went into the dressing room, sus- 
tains Jim Conley. Darley and Miss Mattie Sfenith, as to 
what they did April 26, sustain .Tim Conley. Truman Mc- 
Crary, the negro whom you praise and who gets his living 
from the pencil factory, sustains Jim Conley as to where he 
put those s?eks. 

"Mont ecu Stover, who went in just at the miqute that 
Frank was hack in the metal room with the poor, unfortu- 
nate girl, sustains Jim Conley by the statement of the kind 
of shoes she wore. Monteen Stover, when she says that no- 
body was in the office, sustains Jim Conley as to bis state- 
ment that he heard the footsteps of two people going back. 

"Lemmie Qninn, your own dear Lemmie, when his state- 
ment is taken with the evidence of Miss Hall and Mrs Free- 
man, sustains Jim Conley. Dalton, whose character for the 
past ten years we have sustained, sustains Jim Conley about 
previous Saturdays. 

"Daisy Hopkins, by her awful reputation, sustains Jim Con- 
ley. The blood on the second floor sustains Jim Conley. 
The testimony of Hnl'nway, as given in the affidavit to me. 

140 



L 



* » 



and Hoots Rogers' statement that the elevator box was un- 
locked, both sustain Jim Conley. l\y Jones, whom he met 
near the factory, sustains Jim Conley. Albert McKnight, who 

testified us to the time Frank reached home and the time 
lie left, sustains Jim Conley. 

• "The repudiated affidavit of Minola McKnight. whose at- 
torney let her sitrn it when he knew he could pet her out on 
n habeas corpus, sustains Jim Conley. The noose in that 
eord sustains Jim Conley. The existence of the notes, alone. 
sustains Jim Conley because no negro in the history of the 
race ever wrote a note to cover a crime. The character of 
words used in the notes, sustains Jim Conley." 

"Take up the context. The note said she was assaulted 
when she went back for ;* natural purpose. And the on'y 
toilet Mary knew was in (he metal room on the second floor. 
The fact that the note laid the negro did this by himself 
showed a conscious effort to limit the crime. 

"Frank by his own statement sustains Jim Conley as to 
the time of his arrival at the. office, the time of his visit 
to the Montags. and as to the fact that he carried a folder 
in his hand. 

"Arthur White, according to his statement, borrowed $2 in 
the afternoon Where is the entrv to show that Frank put 
down that loan? The fact that there is no entrv sustains 
Jim Conlev in his description that Frank's mind was bur- 
dened with the problem of disposing of the body. 

"Frank said 'We found it hotter to «et n voucher hook 
and let everybodv sign for what monev thev got. Notwith- 
standing that .thev failed or refused to produce a record 
showing that White ever got that monev. I'll tell von the 
reason why In- didn't enter it. It was because his mind and 
conscience were on Ibe crime he had hist committed. Yon 
tt!\\ me that this expert bookkeeper, this Cornell graduate, 
would have overlooked that. There in only one reason whv 
he r*id Conlev is sustained by Frank when Conley savs he 
remarked that he hnd relatives in Brooklyn, When old Jim 
■was on the stand Mr Tlosser asked him about Mineev. Ts 
Wincey a myth, or is he such a diabolical perjurer that it 
would nauseate the stomach of you crentlemen to produce 
him before yon?" 

Turnip? to Mr. Wuold and Mr. "Rosser: "Tf yon weren't 
r-oine; to produce Mincey. why did yon parade him be! 
the jnrvT" 



141 



"Gentlemen, the absence of Mincey corroborates Jim Con- 
ley. 

"Gentlemen, every act of that defendant proclaims him 
gnUity, 

"Every word proclaims his knowledge of the death of 
little Mary Phagan. 

"Every eireumstan es him responsible for the mur- 

der of that little girl. 

"Remarkable! Yea, but true! She died a noble death with 
out a slain on her name. She wouldn't yield her virtue to 
ber superintendent. And be strangled her and killed her. 

"In the language of Daniel Webster, 'when a jury, through 
whimsical ami unfounded scruples, fails to do its full duty, 
it violates its oath.' " 

"What happened to her mesh bagt I wouldn't be sur- 
prised if it disappeared in the same way that the stiek on 
the first floor and the bloody shirt at Newt Lee's house, 
made their appi The first thing that he did. when 

lie bad gagged the little girl with her own underskirt, when 
he he ■ d this little girl who went to her death for her 

honor — " 

A terrific, piei ream from Mrs. Coleman interrupt- 

ed The mother of the dead girl cried very audibly, and 
not quieted for several minutes. Mrs. Lucile Prank, wife 
of the accused, and Mrs. Etae Frank, his mother, both 
.led their eyes with their hands and appeared to be af- 



/ 



CHAPTER XXII 

Pear Lynching Precedes Verdict. 

Displaying visible evidence of physical exhaustion, s. 
tor |>nrs luded his .speech exactly at 12 o'clock Mon- 

day. His voir,- ringing through the crowded room which 
bad been held speechless, he turned to Judge Roan and said: 

"Yow 1 have .lone my duty. 1 have no apology 

to make. So far as the state is concerned, you now can charge 
this jury — this jury sworn to be without prejudice or bias 

142 



> 



this jury sworn to try well and truly Leo M. Prank. I beg 
that under the law you give them your opinion of the evi- 
dence. There can be but one verdict — 'We, the jury, find 
this defendant guilty. 1 (inilty ! Guilty !" 

As the final words sounded through the room the gong on 

holie church a block away from the court house 

sounded. With each intonation of "Guilty (Guilty! Guilty!" 

the bell clanged. This phenomena had a visible effect upon 

audience, jury, and court attaches. 

Judge Roan immediately began reading his charge. He con- 
eluded at 12:47 o'clock. 

The long trial an end- almost. It remained only 

for the jury to render its verdict. Would they send Frank 
to the gallows, or would they liberate him and place him 
once more among his fellow-men, an equal? 

The who'e city asked itself this question. 1 was 

intense. Solicitor Dorsey had been applauded every time 
the crowd caught a glimpse of him. Such demonstrations 
never had been made over a prosecutor in Atlanta before. 

Two thousand people remained in the vicinity of the court- 
house, nil of Saturday. II was with difficulty thai the police 
handled the mass. An outbreak was feared. Race differences - 
>ely discussed. There was talk of violence in the 
event of an acquittal and the offieei Fifth Regiment 

were instructed by the adjutant general of the state to re- 
main within reach in case it became necessary to call out 
the militia l<> p ay attempt at violence "should such 

occur. 

At 12:47 Judge Roan finished targe. In it he told 

the talesmen that they were the sole judges of the evid 
and of the credibility of the witnesses. He defined and 
explained the numerous points of law that arouse in the case 
and gave them specific instructioi consideration of 

circumstantial e\ idei 

The jury was taken from the court room shortly before 
1 o'clock ami conducted across the streel to cafe for dinner. 
Ten mi] er when Solicitor Dorsey left the building 

to go across the street to his office, he was picked up 
carried on the shoulders of the crowd. 

'Hurrah! for Dorsey!" seemed the universal cry. 

An hour later the jury was returned to the court DOUBi 
in its deliberation. The twelve men were assigned to a 
room on the fourth floor. Down stairs the court room was 

143 



thronged. The streets outside for a block in each direction 
were covered with a mass of humanity kept in motion by 
the police. 

Shortly after 3 o'clock Foreman Winburn, of the jury, 
rapped on the door, and told Deputy Sheriff Plennie Miner 
that a verdict had been reached li was later disclosed that 
the talesmen had reached a unanimous opinion on the second 
ballot. 

-Iiidge Roan was summoned from his home and So icitor 
Dorsey was called. Attorneys Rosser and Arnold could no! 
be located, and the verdict was received by the court without 
their presence. 

Before the verdict was received Judge Roan ordered the 
courtroom cleared. When the twelve "good men and true" 
marched down stairs and entered the court room, there were 
only a few attorneys, the court attaches, and a score or more 
newspapermen present. The defendant had waived his [ire,, 
once and remained in his cell at the lower. This was done 
in prevent a possible outbreak. Neither his wife nor his 
mother were in attendance. Friends of the defendant, too. » 

and the members of his religion were absent. This kept the 
vast crowd in the vicinity of the court room from violence 
if any had been intended, 

A stillness fell over the courtroom when the jurymen took 
I heir seats in the box. Each man wore the solemn expres- 
sion which, interpreted, cou!d mean but one thing. 

"Gentlemen, have yon arrived at a verdict:"' asked Judge 
Roan formally. 

"We have," replied Foreman Winburn. 

" Read it," commanded the court. 

The foreman arose in Ins seat and. holding the verdict in 
his hand, read : 

"We, the jury, find tile defendant guilty." 

THE END. 






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