NEWT LEE COLORED, Sworn In For The State, 3rd To Testify
NEWT LEE. (colored), sworn for the State.
On the 26th day of April 1913, I was night watchman at the national Pencil Factory. I had been night watchman there for about three weeks. When I began working there, Mr. Frank carried me around and showed me everything that I would have to do. I would have to get there at six o'clock on week days, and on Saturday evenings I have to come at five o'clock. On Friday the 25th of April, 1913 he told me "Tomorrow is a holiday and I want you to come back at four o'clock." "I want to get off a little earlier than I have been getting off." I got to the factory on Saturday about three or four minutes before four. The front door was not locked. I pushed it open, went on in and got to the double door there. I was paid off Friday night at six o'clock. It was put out that everybody would be paid off then. Every Saturday when I get off he gives me the keys at twelve o'clock, so that if he happened to be …More
MRS J W COLEMAN, Sworn In For The State, 1st To Testify
MRS. J.W. COLEMAN, Sworn for the State.
I am Mary Phagan's mother. I last saw her alive on the 26th day of April 1913, about a quarter to twelve, at home, at 146 Lindsey Street. She was getting ready to go to the pencil factory to get her pay envelope. About 11:30, she ate some cabbage and bread. She left home at a quarter to twelve. She would have been fourteen years old the first day of June, was fair complected, heavy set, very pretty, and was extra large for her age. She had on a lavender dress, trimmed in lace and a blue hat. She had dimples in her cheeks.
CROSS EXAMINATION
The blue hat that is seen here is the hat the little girl had on that day. It had some pale blue ribbon and some flowers when she left home. It was a small bunch of little pink flowers right in the center. We live two blocks from the street car line. There is a store there at the place she usually get on the car kept by Mrs. Smith. Epps is a neighbor of ours …More
GEORGE EPPS, Sworn In For The State, 2nd To Testify
GEORGE EPPS, Sworn for the State.
I am fourteen years old. I live right around the corner from Mary Phagan's home. I have known her about a year. The last time I saw her was Saturday morning coming to town on the English Avenue car. It was about ten minutes to twelve when I first saw her. I left her about seven minutes after twelve at the corner of Forsyth and Marietta Street. She had on that hat, parasol and things when I left her. She was going to the pencil factory to draw her money. She said she was going to see the parade at Elkin-Watson's at two o'clock. She never showed up. I stayed around there until four o'clock and then I went to ball game. When I left her at the corner of Forsyth and Marietta, I went under the bridge to get papers and she went over the bridge to the pencil factory, about two blocks down Forsyth Street. I sat with Mary on the car.
CROSS EXAMINATION.
I know what time it was when I met Mary because I looked at …More
Introduction to the Leo Frank Trial Brief of Evidence, July 28th, 1913 to August 21st, 1913, in the Fulton County Superior Court, Atlanta, Georgia, USA
Leo Frank Trial Brief of Evidence, 1913
STATE OF GEORGIA VERSUS LEO M. FRANK
In Fulton Superior Court, trial began July 28th and ended August 21st, 1913.
Judge Leonard Strickland Roan, presiding.
Conviction of murder at July term on August 25th, 1913 in Fulton Superior Court, Atlanta, Georgia.
BRIEF OF THE EVIDENCE
L S DOBBS, Sworn In For The State, 4th To Testify
L. S. DOBBS, Sworn for the State.
I am Sergeant of police. On the morning of April 27th, about 3:25 a call came from the pencil factory that there was a murder up there. We went down in Boots Rogers' automobile. When we got there the door was locked. We knocked on the door and in about two minutes the negro came down the steps and opened the door and said there was a woman murdered in the basement. We went through a scuttle hole, a small trapdoor. The negro lead the way back in the basement, to a partition on the left, leading from the elevator. The basement is about twenty feet wide. The negro lead back about one hundred feet and we found the body. "The girl was laying on her face not directly laying on her stomach with the left side on the ground, the right side up just a little. We couldn't tell by looking at her whether she was white or black, only by her golden colored hair. They turned her over and her face was full of dirt and dust …More
J N STARNES, Sworn In For The State, 5th To Testify
J. N. STARNES, Sworn for the State.
I am a city officer. Went to the pencil Company's place of business between five and six o'clock, April 27th 1913. The pencil company is located in Fulton County, Georgia, and that's where the body was found. The staple to the back door looked as if it had been prized out with a pipe pressed against the wood. There was a pipe there that fitted the indentation on the wood. I called Mr. Frank on the telephone, and told him I wanted him to come to the pencil factory right away. He said he hadn't had any breakfast. He asked where the night watchman was. I told him it was very necessary for him to come and if he would come I would send an automobile for him, and I asked Boots Roger to for him. I didn't tell him what had happened, and he didn't ask me. Mr. Frank appeared to be nervous. This was indicated by his manner of speaking to Mr. Darley, he was in a trembling situation. I was guarded with him in my …More
W W ROGERS, Sworn In For The State, 6th To Testify
W. W. ROGERS, sworn for the State.
I am now connected with Judge Girardeau's court. I was at the station house Saturday night, April 26th, 1913 and went to the National Pencil Company's place of business. It was between five and five thirty that I heard Mr. Starnes have a conversation over the phone. I heard him say, "If you come I will send an automobile after you." It took us five or six minutes to get out to Mr. Frank's residence at 86 E. Georgia Avenue. Mr. Black was with me. Mrs. Frank opened the door. She wore a heavy bath robe. Mr. Black asked if Mr. Frank was in. Mr. Frank stepped into the hall through the curtain. He was dressed for the street with the exception of his collar, tie, coat and hat. He had on no vest. Mr. Frank asked Mr. Black if anything had happened at the factory. Mr. Black didn't answer. He asked me had anything happened at the factory. I didn't answer. Mr. Frank said, "Did the night watchman call up and report …More
MISS GRACE HICKS, Sworn In For The State, 7th To Testify
MISS GRACE HICKS, sworn for the State.
I knew Mary Phagan nearly a year at the pencil factory. She worked on the second floor. I identified her body at the undertaker's Sunday morning, April 27th. I knew her by her hair. She was fair skinned, had light hair, blue eyes and was heavy built, well developed for her age. I worked in the metal room, the same room she worked in. Mary's machine was right next to the dressing room, the first machine there. They had a separate closet for men and a separate one for ladies on that floor. There was just a partition between them. In going to the office from the closets they would pass the dressing room and Mary's machine within two or three feet. Mr. Frank, during the past twelve months, would pass through the metal department looking around every day. Sometimes I would see him talking to some of the men in the office at the clocks. He came back to the metal room to see how the work was getting …More
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JOHN R BLACK, Sworn In For The State, 8th To Testify
JOHN R. BLACK, sworn for the State.
I am a city policeman. I don't know the details of the conversation between Mr. Starnes and Mr. Frank over the 'phone. I didn't pay very much attention to it. I went over to Mr. Frank's house with Boots Rogers. Mrs. Frank came to the door. Mrs. Frank had on a bath robe. I stated that I would like to see Mr. Frank and about that time Mr. Frank stepped out from behind a curtain. His voice was hoarse and trembling and nervous and excited. He looked to me like he was pale. I had met Mr. Frank on two different occasions before. On this occasion he seemed to be nervous in handling his collar. He could not get his tie tied, and talked very rapid in asking questions in regard to what had happened. He wanted to know if he would have time to get something to eat, to get some breakfast. He wanted to know if something had happened at the pencil factory and if the night watchman had reported it, and he asked this …More
JAMES MILTON GANTT, Sworn In For The State, 9th To Testify
JAMES MILTON GANTT, sworn for the State.
From June last until the first of January I was shipping clerk at the National Pencil Company. I was discharged April 7th by Mr. Frank for alleged shortage in the pay roll. I have known Mary Phagan when she was a little girl. Mr. Frank knew her, too. One Saturday afternoon she came in the office to have her time corrected, and after I had gotten through Mr. Frank came in and said, "You seem to know Mary pretty well," No, I had not told him her name. I used to know Mary when she was a little girl, but I have not seen her up to the time I went to work for the factory. My work was in the office and she worked in the rear of the building on the same floor in the tip department. After I was discharged, I went back to the factory on two occasions. Mr. Frank saw me both times. He made no objection to my going there. One girl used to get pay envelopes for another girl with Mr. Frank's knowledge.…More
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MRS J A WHITE, Sworn In For The State, 10th To Testify
MRS. J. A. WHITE, sworn for the State.
I saw my husband at the pencil factory at 11:30. I stayed there until about 10 minutes to 12. I left him there and came back about 12:30 and left again about 1 o'clock. When I got there at 11:30 I saw Miss Hall, the stenographer, Mr. Frank and two men. I asked Mr. Frank if I could see my husband Mr. White. Mr. Frank was in the outside office then. He said I could see him and sent word by Mrs. Emma Freeman for him to come downstairs. My husband came to the foot of the stairs on the second floor. I talked to him about 15 minutes and went on out. I returned about 12:30. Mr. Frank was in the outside office standing in front of the safe. I asked him if Mr. White had gone back to work. He jumped like I surprised him and turned and said, "Yes." It wasn't much of a jump. I went upstairs then to see Mr. White. Harry Denham was with him working on the fourth floor. They were hammering. It was not a …More
HARRY SCOTT, Sworn In For The State, 11th To Testify
HARRY SCOTT, sworn for the State.
I am Superintendent of the local branch of the Pinkerton Detective Agency. I have worked on this case with John Black, city detective. I was employed by Mr. Frank representing the National Pencil Company. I saw Mr. Frank Monday afternoon, April 28th, at the pencil factory. We went into Mr. Frank's private office. Mr. Darley and a third party were with us. Mr. Frank said, "I guess you read in the newspapers about the horrible crime that was committed in this factory, and the directors of this company and myself have had a conference and thought that the public should demand that we have an investigation made, and endeavor to determine who is responsible for this murder," and Mr. Frank then said he had just come from police barracks and that Detective Black seemed to suspect him of the crime, and he then related to me his movements on Saturday, April 26th, in detail. He stated that he arrived at the …More
ROBERT P BARRETT, Sworn In For The State, 13th To Testify
ROBERT P. BARRETT, sworn for the State.
I am a machinist for the National Pencil Company. I have been there about eight weeks. On Monday morning, April 28th, I found an unusual spot that I had never seen before at the west end of the dressing room on the second floor of the pencil factory. That spot was not there Friday. The spot was about 4 or 5 inches in diameter and little spots behind these from the rear, 6 or 8 in number. I discovered these between 6:30 and 7 o'clock Monday. It was blood. It looked like some white substance had been wiped over it. We kept potash and haskoline, both white substances, on this floor. This white stuff was smeared over the spots. It looked like it had been smeared with a coarse broom. There was a broom on that floor, leaning up against the wall. No, the broom didn't show any evidence of having been used, except that it was dirty. It was used in the metal department for cleaning up the grease. The …More
MISS MONTEEN STOVER, Sworn In For The State, 12th To Testify
MISS MONTEEN STOVER, sworn for the State.
I worked at the National Pencil Company prior to April 25th, 1913. I was at the factory at five minutes after twelve on that day. I stayed there five minutes and left at ten minutes after twelve. I went there to get my money. I went in Mr. Frank's office. He was not there. I didn't see or hear anybody in the building. The door to the metal room was closed. I had on tennis shoes, a yellow hat and a brown rain coat. I looked at the clock on my way up, it was five minutes after twelve and it was ten minutes after twelve when I started out. I had never been in his office before. The door to the metal room is sometimes open and sometimes closed.
CROSS EXAMINATION.
I didn't look at the clock to see what time it was when I left home or when I got back home. I didn't notice the safe in Mr. Frank's office. I walked right in and walked right out. I went right through into the office and turned …More
MELL STANFORD, Sworn In For The State, 14th To Testify
MELL STANFORD, sworn for the State.
I have been working at the National Pencil Company a little over two years. I swept the whole floor in the metal room on Friday, April the 25th. On Monday thereafter I found a spot that had some white haskoline over it on second floor near dressing room. That wasn't there on Friday when I swept between 9 and 12 o'clock. I use a small broom in sweeping. I saw a big cane broom standing by the waste metal room on Monday about six feet from where the blood was found. The spot looked to me like it was blood, with dark spots scattered around. It looked like the large broom had been used in putting the haskoline on the floor by the impressions or scratches of the cane in the floor.
CROSS EXAMINATION.
I was a sweeper in the metal room. Yes, they have regular negro sweepers there for the building. I swept it all up because the negro wasn't there. It took me from 9 till 12 to sweep the whole floor. I moved …More
GEORGE W JEFFERSON, Sworn In For The State, 15th To Testify
GEORGE W. JEFFERSON, sworn for the State.
I worked at the National Pencil Company. We saw blood on the second floor in front of the girls' dressing room on Monday. It was about as big as a fan, and something white was over it. I didn't see that blood there Friday. Yes, there are cords in the polishing room, used to tie pencils with. They are hung up on a post in the polishing room. The spots were dark red in color. These cords are taken off the pencils and we throw them on a nail. We don't untie the knots. This loop right here is in all of the cords. I work in the polishing room, polishing lead pencils. I have been working there five years. We use paint in there, maroon red, red line and bright red. Of course you can tell the bright red from maroon red and the red line from maroon red. That spot that I saw was not one of these three paints.
CROSS EXAMINATION.
Mr. Barrett and I discovered that spot there together. Yes, that is …More
E F HOLLOWAY, Sworn In For The State, 17th To Testify
E. F. HOLLOWAY, sworn for the State.
I am day watchman at the National Pencil factory-worked there two years. I was there on April 26th, from 6:30 a. m. till 11:45. I look after the elevator and freight that come in and out and people that come in and out. As to what I did to the elevator on that Saturday, I didn't do anything except that when Mr. White and Mr. Denham were working on the top floor, I started the elevator up and ripped up a plank for them. The elevator was locked when I sawed that plank for them, but when I left it was unlocked. I locked it Friday night when I left there. But I went off from there Saturday and forgot to lock it. When I made that affidavit for you on May 12th, 1913, I forgot to tell you that I did some sawing for Mr. White and Mr. Denham. The elevator was standing on the office floor when I left there Saturday. I left it standing right there. I had done some sawing for Mr. White and Mr. Denham just …More
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B B HASLETT, Sworn In For The State, 16th To Testify
B. B. HASLETT, sworn for the State.
I went to Mr. Frank's house Monday morning after the murder, about 7 o'clock. I went out there and got him and took him to the station house. He was at the station house two or three hours. I told him Chief Lanford wanted to see him.
CROSS EXAMINATION.
I saw Mr. Rosser and Mr. Haas at the station house about 8:30 or 9 o'clock. Mr. Black and I both went out for Mr. Frank Monday morning. We took him to the station house and turned him over to Chief Lanford. They had Mr. Frank in there and a half dozen detectives, and Mr. Haas and you were there. When we went out to Mr. Frank's house he went with us. As to whether he had to go or not, I suppose if he had resisted we would have taken him. It was not a question as to whether he wanted to go or not, but he didn't know he had to go. As to why two of us went out after him-two of us generally go together after anybody, because if he don't go voluntarily, he …More
N V DARLEY, Sworn In For The State, 18th To Testify
N. V. DARLEY, sworn for the State.
My name is N. V. Darley. I am manager of the Georgia Cedar Company, a branch of the National Pencil Company. I have charge of the manufacturing and labor in the Forsyth Street plant. Mr. Sig Montag is my superior. Mr. Frank and I are of equal dignity in the factory. I was at the National Company's factory on Saturday, April 26th. I saw Mr. Frank and left about 9:40 in the morning. I was there Sunday morning at about 8:20. I saw Mr. Frank that morning. Observed nothing unusual when I first saw him. When we started to the basement I noticed his hands were trembling. I observed that he seemed still nervous when he went to nail up the back door. When we started down to nail up the back door he made some remark about having on new clothes or some more clothes and he pulled his coat off to keep it from getting soiled. When we left the station house and started towards Bloomfields he told me why he was …More
N V DARLEY, Sworn In For The State, 18th To Testify ( part 02 )
N. V. DARLEY, recalled for cross-examination.
On the ground floor the door to the Clark Woodenware Company was nailed up immediately after that company left there. We found it broken open after the murder and we nailed it up again. It was two or three days after the murder. Sitting at Mr. Frank's desk, the most that one can see is about half of clock Number 2, which is on the left of clock Number 1. If the safe door was open in the outer office, you have no view into Mr. Frank's office from the outside. You might tiptoe and look over the door. A man of my height could just tiptoe and see over it. The packing room next to Mr. Frank's office works from 11 to 17 ladies and men. Passing by elevator shaft as you go in building on ground floor, you come to a door to Clark Woodenware Company's place, which was nailed up immediately after that company left there. We found it broken open after the murder. I don't know what day, it …More