Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 18, 1913, Image 2

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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. Funeral Designs and Flowers FOR ALL OCCASIONS. 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The lightest and strongest piste known. EASTERN PAINLESS DENTISTS {MMBKLTO UNTIL AUGUST 15th 'ft. R. FARE ALLOWED 29 MILES«