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Tfihj ATIjANTA itlMJnOlAJN AND JV'WWS.
He apparently welcomed the
opportunity to tell of the
famous crime from his view
point.
Frank appeared
perfectly calm
and collected
as he went to
the witness
chair in his own
behalf.
The accused man urged his
lawyers to let the Solicitor and
his aides cross-question him
freely.
Continued From Page 1.
they had a bit of the floor taken
up and were sawing.
“I explained to them that I was
going to lunch and would lock the
door when I left. Mrs. White
left at this time. Some lady said
that at 12:35 o’olock she found
me in front of the safe. It is bare
ly possible that she did. I don’t
recall her being there. Her mem
ory probably is fresher than min®
•n this point.
‘When I went up stairs I asked
Mr. White if his wife was going
to stay there with him. She saia
no, that she would go. She left
and then I got my hat and coat
and left, locking the outer door.
•‘Now, gentlemen, to the best
of my recollection from the time
the whistle blew until I went up
stairs to see Mr. White, I di*d not
^t, s t*r °ut of my office. | went on
Vome.
\ “I called up my k
mr. Ursenbach, to
brother-in-law,
tell him I was
unable to keep the engagement to
go to the ball game. The cook
answered the phone.
“My wife and mother-in-law
were going to the opera. My fa
ther-in-law and I ate luhch. He
went into the backyard while I
lit a cigarette and lay down for a
moment.
“I left and while passing the
home of Mrs. Wolfsheimer, saw
Mrs. Michael on the porch. I
went in to see her and saw Mrs.
Wolfsheimer, Mr. Loeb and oth
ers.
Watched Parade When
Street Cars Stopped.
"To catch th e next car I ran
down to Glenn street. On the car
I met my wife’s cousin, Mr. Loeb.
The car was blocked at the cor
ner of Washington and Hunter
streets. I walked up to White
hall street and stood there possi
bly for fifteen minutes watching
the Memorial Day parade.
“As I walked down Whitehall
street I met Miss Rebecca Car-
son. This was probably 3:10 or
3:15 o'olook. I greeted her and
walked on. I stopped at Jacobs’
Pharmacy and walked on. I went
from there to the factory.
"When I reached there I went
upstairs and let the boys know I
had returned. A minute later, I
returned to my office and started
to work on the financial sheet.
“In a few minutes the clock bell
rang and Arthur White came into
the office to borrow two dollars.
It was while I was at work on
the sheet at probably 4 o’clock
that I went to the toilet.
“As I returned toward the of-
fioe, Inoticed Newt Lee coming
toward me from the head of the
stairs. I told him he could go on
off but to be sure and be back at
6 o'clock. I told him I was very
sorry I could not let him know
about the half holiday but that
he was at liberty to enjoy himself
as he saw fit, but that he must
return at 6 o'clock,
night that Newt Lee
work at the factory, I
I WITNESS TELLING
DIRECT DETAILED STOUT
took him over tho» building, and
stressed the fact that he must go
into the basement, especially the
dust bin, every half hour.
"I told him it would be part
of his duties to watch the back
door. He was to make a complete
tour every half hour and punch
the clock.
“Now, I will return to the work
of the financial sheet. This sheet
contains the cost o fall the pencils
made that week. There are no
names but this sample case will
show you.’’
Evidence Excluded
But Jury Sees It.
Frank unfolded a sample case
Dorsey: “We object to this being
used as evidence.”
Judge Roan: “I sustain you."
Frank placed the sample case to
one side.
“Well," he said, “you got a suf
ficient glance at those pencils to
see there were a great many."
"In making up tnis sheet it was
necessary to go through the list
of all that were packed. Specials,
of course, have to be figured sep
arately.
"For instance, there is a special
60-60-x pencil known as ‘Cr«ck-
erjack.' Now I notice that the
two expert accountants reported
two errors. While they were un
important, I wish to explain that
those errors were not mine. They
were made by Mr. Schiff. I never
checked his figures. I checked
over mine, but not his.
"Now the next is ‘jobs.’ The
accountant found the only error
in my financial sheet there in the
item ‘jobs. It was not an error,
as I will show you. He did not
know my method of figuring.
“Two items here are totals.
The total gross amount is 791
aross. the total value amount
$396.75. In figuring the average
I obtained $50.01. In that average
he discovered an error. It was not
• n error. I simply did not go as
far into the decimals as he did.
One-tenth of a cent was dose
enough for my purpose.
“Now some of the items in here
are taken from the reports of the
foremen of the different depart
ments."
Frank then exhibited a report
from the foreman or forewoman
of each department and explain
ed it.
"Then there is the report of Mr.
Schiff, showing the gross of pen-
* cils shipped each day of that week
—that week was an exceptionally
heavy one.
"Now‘ # there is a little report
here that constitutes one of the
most difficult calculations. It ie
from the packing room. We have
a trick of the trade to put the
pencils that do not sell very fast
into fancy packages to make
them go.
“Now, very often these pencils
are taken from the shelf, where
they have laid for more than a
year, and repacked in the fancy
cases. I made all the calculations
on this that afternoon, despite
everything that ha 9 been s a id
here to the contrary.
Hapeville Episode
Hinted by State.
That Frank rode on a street
ear to Hapeville with a girl the
Saturday previous to the murder
of Mary Phagan and repeatedly
sought to persuade her to leave
the car with him was the sensa
tional testimony Solicitor Dorsey
endeavored to get from Mrs.
•J. G. Wardlow Monday.
Anticipating the nature of the ques
tions the Solicitor was about to ask
Mrs. Rue Frank, mother of the de
fendant, stopped her cars with her
fingers and then rushed from the
room. Attorneys for Frank at first
objected to the questions and the Jury
was excused. It was at this moment
that Mrs. Frank made her dramatic
exit She was evidently fearful of
repeating her outburst of a few days
ago.
Mrs. Wardlaw denied that she ever
knew of such a circumstance. She
denied as well that she had been told
of it by Harrnes Stanton or H. G.
Baker, street car men.
Another sensation was created
when the defense called to the stand
Miss Emmeline Mayfield, the young
woman whom the State maintains
was in the dressing room when Frank
looked in at one time. Miss Mayfield
denied this was true.
Paving the way for the eagerly
awaited statement of Frank, the law
yers for the defendant devoted Mon
day morning to the gathering up of
the story ends of their case, most of
the time being occupied with the tes
timony of character witnesses.
More than a score of women and
girls employed in the National Pencil
Company were called to tell what they
knew of Frank’s character and what
they had observed of his conduct
about the factory. All asserted that
they never had known personally of
any misconduct on the part of the
superintendent and never had heard
of any.
Explains Looking
Into Dressing Room.
Mrs. Mattie Thompson proved one
of the most important of the charac
ter witnesses. After testifying to
Frank’s good character, Mrs. Thomp
son declared that the girls on the
fourth floor were in the habit at one
time of flirting from the windows of
the dressing room. She said that the
practice became a matter of comment
among the elder women on the fourth
floor and that she Anally took it upon
herself to report it. Whereupon orders
were issued against it.
The testimony of Mrs. Thompson
was produced to provide a basis for
the contention of the defense that
Frank had opened the dressing room
door on several occasions solely for
the purpose of determining if his or
ders were being carried out.
Miss M. E. Fleming, a stenographer,
said that she worked in Frank's office
from April to December. 1912, and that
she never had observed any miscon
duct on the superintendent’s part nor
had seen women visiting his office.
Godfrey Winecoff superintendent of
the lead plant of the National Pencil
Company, testified that it was his
custom to visit the pencil factory of
fice every other Saturday afternoon
about 3 o’clock. He said he always
found Frank or Schiff, Frank's as
sistant—frequently both—working in
the office. He asserted he never saw
any women there.
A large crowd was attracted to the
courtroom by the probability that the
prisoner would tell his story Mon
day, and the keenest expectancy pre
vailed. It was problematical whether
there would be any cross-examina
tion. Ordinarily, t of course, the ac
cused in a murder case merely makes
his statement and the jury can believe
It or discard it entirely as it chooses.
It Is said, however, that Frank has
earnestly urged his lawyers to allow'
the Solicitor to cross-examine him.
When court reopened Monday So
licitor Dorsey took up the cross-ex
amination of Harlee Branch, a re
porter for The Atlanta Journal.
Took Conley 15 Minutes
To Tell Crime Details.
Branch was a?tked:
“Can you give any estimate of the
time taken in conversation in Conley's
re-enactment of the crime?" He re
plied that it took about fifteen min
utes.
Q. You never said it was about half
the total time, did you?—A. I don’t
recall.
Attorney Arnold took the witness.
Q. You said it took about fifteen
minutes to cover the lost In con-
The eyes of Leo M. Frank’s wife
and his mother-in-law, Mrs. Emil
Selig, were constantly upon him as
he sat in the witness chair talking
conversationally with the Jurors. His
mother seldom looked at him, main
taining her usual attitude, looking
slightly downward and toward the
Judge’s bench.
Frank had been talking only 10
minutes when he unexpectedly was
interrupted by a heated argument be
tween the opposing attorneys over
Frank’s explaining the time slips,
including the on e which the defense
claims was taken from the time clock
Sunday morning following the finding
of Mary Phagan’s body.
Frank had mentioned the time
slips and was undertaking to make an
explanation of the manner they are
used when Attorney Rosser called
for the slips for Frank to explain
before the jury.
Solicitor Dorsey made an instant
objection, arguing that the slips had
not yet been placed in evidence. All
four of the principal attorneys inter
ested in the case were on their feet
at once, two and sometimes three
of them, were talking at the same
time.
Papers Withheld.
Judge Roan was compelled to cau
tion them to proceed parliamentarily.
His ruling was that Frank might
refer to them as much as he pleased,
but that he must not go before the
jury with them until they had been
properly identified and offered for
evidence. The same situation de
veloped when Frank sought to ex
plain the details of his work by means
versa*ion?—A. Yes.
g. He began at 12:18 and you left
at 1:08? That would be about 5C
minutes that you were there?—A. Yea
Q. How long was he writing the
notesi?—A. Two minutes at the moat.
He did not write fast or slow ?
Q. How long did he stay in the
w’ardrobe?—A. About one minute.
Q. Did you see Conley in the news-
papermen's room here in this court
house reading a newspaper since this
trial began?—A. I saw him looking
at one as though he was reading it.
Mr. Branch was excused and Lou
Castro, former ball player and at
present fight promoter, was called as
a witness by the defense to testify
to time it took to walk certain dis-
tancea
Q Did you walk from Marietta and
Forsyth streets to the second floor of
the pencil factory?—A. Yes.
* Q. How long did It take you?—A.
Four and one-half minutes
Q. Did you walk from the National
Pencil Company to the corner of
Whitehall and Alabama streets?—A. I
did.
Q. How long did it take you?—A.
Three minutes and twenty seconds.
Q. Did you walk from Broad and
Hunter streets to the Pencil Factory ?
Employees of Factory
Character Witnesses.
Miss M. E. Fleming was the next
witness called. She Is one of Frank’s
former stenographers. She testified
on direct examination that Frank’s
character was good. Dorsey cross-
Questioned her.
Q. Were you ever there on Satur-
—A. Yes.
Q. How long did It take you?—A.
One and one-half minutes.
The witness was excused,
day afternoon?—A. No. I was off then.
Q. Did you ever see Mr. 1-Tank
work on the financial sheet Saturday
mornings?—A. Yes. I saw him work
on it a little.
Miss Fleming was excused and
Godfrey Winecoff, superintendent of
the lead plant of the pencil factory,
took the stand.
Q. Did you visit the National Pen
cil factory on Saturdays between
July 1, 1912 and May 1 1913?—A.
Yes.
Q. W r hat time?—A. Three to 5
o’clock.
Q. Kow often?—A. Almost every
Saturday.
Q. Did you ever nee women there
in Frank's office?—A. No.
Q. Who was there?—A. Frank, Hol
loway, Schiff and the office boy.
Dorsey took the witness on cross-
examination.
Q. Are you sure Holloway was
there at 3 o’clock?—A. Yes.
The witness was excused, and Mrs.
Mattie Thompson, an employee of
the factory working on the fourth
floor took the stand and testified as
to Frank's good character. Arnold
questioned her.
Q. Do you know anything about
that dressing room on the fourth floor
and the conduct of the girls there?—
A. I made a complaint about the girls
flirting out of the window.
Dorsey took the witness'on cross-
examination.
Q. Who has talked to you in the
last few days about what you were to
swear on the stand here?—A. Mr.
Haas talked to me.
of papers and records of his office.
He, was allowed to sit in his chair
and refer to them but not to ex
hibit them to the jurors.
Fearless and Direct.
Frank taked to the Jurors directly
and fearlessly. There was no trace
of uncertainty in his voice or in his
manner. He appeared exactly as
though he were in an informal con
ference with some persons interested
in the factory and was outlining his
duties and leading up to some par
ticular incident that had engaged
their attention and interest.
He was entirely at ease. He as
sumed an easy pose in his chair,
gestured frequently as he proceeded
with his narrative, and occasionally
changed his position. His hands
most of the time w’ere clasped in
front of him, except when he illus
trated a point with an unconscious
gesture. He found it necessary often
to adjust his glasses which seemed
not to fit him perfectly.
Tells Complete Story.
He touched only brifly on his
early history, telling merely of his
place of birth, his career in school
and college, his short business exper
ience after his graduation and finally
his coming to Atlanta in 1908 to take
charge of the National Pencil Factory.
He began with Friday, August 25,
the day before the crime and re
counted his movements almost min
ute by minute. Coming to th© fatal
Saturday, he told of leaving his home,
reaching his office, talking with his
employees and taking up the work of
the day.
He was given orders, records, ac
knowledgment of orders, record
sheets, financial sheets and all the
other minute details that are involved
in the work of the office. Those that
had been submitted in evidence he
took before the jury and explained at
length and in detail the amount of
work required in getting these out.
His Own Best Witness.
Notebook in hand, Solicitor Dorsey
took a seat almost directly in front
of Frank, but this appeared to dis
turb the prisoner not in the least.
Through the major share of the
remarkable address, with its clear-cut
statements and explanations, there
was little or no attempt at oratory,
but the speech was unquestionably
a most eloquent argument. As had
been prophesied, Frank was his own
best witness.
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B P-R-I-N-T-O-R-I-A-L-S ■
No. 220
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