Thursday, 31st July 1913 Machinist Tells of Finding Blood, Hair and Pay Envelope On Second Floor, Where State Claims Girl Was Murdered, The Atlanta Journal

HOW FRANK LOOKS WITHOUT HIS SPECTACLES LEO M. FRANK He posed for this picture at the court house Thursday morning before his trial began. --- BLOOD SPOTS AND HAIR FOUND ON DAY FOLLOWING DISCOVERY CRIME HAD BEEN COMMITTED Pay Envelope Was Found Near Machine Used by Mary Phagan Some Days Later Find of Strands of Hair on Lathe Was Reported to Quinn, Who Notified Darley Mell Stanford and Magnolia Kennedy Also Saw It BARRETT'S EVIDENCE MOST IMPORTANT YET TOWARD PROVING CRIME WAS COMMITTED IN METAL ROOM Mell Stanford and Harry Scott Also Tell of Finding Blood Spots, but Scott's Testimony Is Not Entirely Satisfactory to Either State or Defense Monteen Stover on the Stand. Will Conley Testify in Rebuttal Only? New and sensational testimony for the state was given by R. P. Barrett, a machinist at the National Pencil factory where Mary Phagan was murdered on April 26, when Barrett Thursday afternoon declared from the witness stand that he had discovered early Monday morning following the tragedy a large blood spot, surrounded by a number of smaller spots, at the water cooler near the dressing room on the second floor of the factory. Barrett testified further that he had found a broom nearby which from its appearance evidently had been used to smear the large blood spot over with a white substance. Barrett testified further that on the same morning he had found strands of hair on the lathe of the machine used by him and that he had called this discovery to the attention of Magnolia Kennedy, Mell Stanford and Lemmie Quinn, and that Quinn had notified Darley. The solicitor developed through Barrett's testimony that no girls had been at the factory since Friday afternoon before the crime, his purpose evidently being to show that the hair must have been that of Mary Phagan. In addition to this testimony, Barrett swore that a few days after the murder he had found in the area near Mary Phagan's machine, a portion of a pay envelope. There was nothing on the envelope to positively identify it as having belonged to Mary Phagan. The fact that blood spots were found in the metal room on the second floor was also established by the state through the testimony of Harry Scott, the Pinkerton detective, and Mell Stanford, an employe of the factory. Barrett's testimony was decidedly the most important that the state has thus far managed to get before the jury, and no doubt will be stressed by the solicitor in support of the state's theory that Mary Phagan met her death in the metal room on the second floor of the factory. By both Pinkerton Detectives Harry Scott and Barrett the state showed that careful searches had been made of the first floor shortly after the tragedy and that neither a pay envelope, a purse, a bludgeon or stick, had been found there. The prediction has been frequently made that the defense would introduce evidence to show that both Mary Phagan's pay envelope and a bloody bludgeon were found on the first floor by Pinkerton detectives. NOT THE SAME ENVELOPE. Whether the defense will introduce the piece of envelope found by the Pinkertons on the first floor of the factory is not known. In the event they do so two pay envelopes will be in evidence. These two pieces are not from the same envelope. This fact was demonstrated by Attorney Frank A. Hooper, who is assisting in the prosecution. After the state can contend that the envelopes are separate and distinct. Mary Phagan's machine, Mr. Hooper took it and endeavored to fit it with the piece of envelope held by the defense. It did not fit, thus the state can contend that the envelopes are separate and distinct. It is quite evident that the state will insist that the envelope and bludgeon found by Pinkerton detectives and turned over to the defense are nothing more than "plants." Monteen Stover, a twelve-wear-old girl employed at the factory, stated that she had gone to the factory on the Saturday of the murder, arriving at 12:05 and leaving at 12:10. She swore that she had gone into the offices and that she did not see nor hear anyone in the building. She had gone for her pay. Scott swore that Frank had told him that he was in his office and did not leave it from 12 to 12:30. Solicitor Dorsey has begun to weave the chain of circumstantial evidence with which the state expects to convict Frank with the murder. The remainder of the week will most likely be taken up by the state in the introduction of witnesses. WILL CONLEY BE CALLED? James Conley, the negro sweeper, who swore that he helped Frank carry the girl's body into the basement and wrote the notes found beside it at Frank's suggestion, may or may not be introduced as a principal witness. The state may hold him back as a rebuttal witness, and there is a slight possibility that he may not be put upon the stand at all. Throughout the Thursday session of the trial Frank remained as impassive as he has been heretofore. He took a keen interest in the proceedings, but did not display the slightest trace of emotion. The testimony of Detective Scott was not satisfactory to either the state or the defense. He engaged in frequent clashes with Mr. Rosser while the latter was cross-examining him, but unlike Detective John Black, he never once lost his head. MANY WOMEN PRESENT. A number of women were among the early arrivals in the crowd of spectators who surrounded the court house before court convened Thursday morning for the resumption of the Frank trial. The women stood in line for an hour to be among those close to the doors when those portals were opened. The crowd was admitted at 8:40 o'clock. Leo M. Frank, the accused, had arrived early, as usual, under custody of the sheriff. At 8:55, Mrs. Frank, wife of the accused, joined her husband in an ante-room of the court. Court convened, with Judge Roan on the bench, at 9 o'clock. J. M. Gantt was recalled to the stand. "When were you arrested?" "Monday, April 28, at 11:30 o'clock in Marietta. I was released on Thursday of the following week." The witness was excused. SCOTT TAKES STAND. Harry Scott, assistant superintendent of the Atlanta branch of the Pinkerton detective agency, was called to the stand. "When did you first see Leo M. Frank?" "At 4:30 o'clock Monday, April 28, at the National Pencil factory." "With whom have you worked on this case" "John Black, city detective of Atlanta." "By whom were you engaged?" "By Mr. Frank, representing the National Pencil company." "Tell all about your engagement." "I went up to the National Pencil company's factory on request, and saw Mr. Frank standing about where the time clocks are. Accompanied by Mr. Darley and another man, we went back into Mr. Frank's private office for a conference." FRANK ASKED PROBE. "He stated that the directors of the company and himself thought that the public demanded an investigation of the horrible crime committed in the factory. He, Frank, had just come from police headquarters, and John Black seemed to suspect him. Then he detailed to me his movements on Saturday. He arrived at the factory about 8 o'clock. Between 9:30 and 10 o'clock he went to Montag's, and returned to the factory about 11, he said. "About 12 o'clock Mrs. White came in and went up to the fourth floor where her husband and Harry Denham were working. About 12:10 Mary Phagan came in and he paid her two half dollars and two dimes. She received the money in his private office and when she reached the outer office asked if the metal had come." "He replied that he didn't know. When she had reached the stairway, he heard voices, but couldn't tell whether it was a man or two women talking. About 12:50 he went up to the fourth floor and found that White and Denham wanted to work about two hours longer. Mrs. White preceded him down the steps and mentioned that when she came in, she had seen a negro sitting behind some boxes on the first floor." "At 1:10 Frank went to lunch. He returned at 3, and at 4 o'clock Newt Lee reported and was told that he could go out and have a good time for two hours. Lee returned at 6 o'clock and about 6:04 Frank left the factory. On the outside he met J. M. Gantt, a former bookkeeper, who had been discharged (Continued On Page 5, Col. 1.) --- PENCIL FACTORY MACHINIST GIVES STARTLING TESTIMONY (Continued from Page One.) discharged for thieving. Frank reached home at 6:25 o'clock and at 6:30 tried to get the night watchman to ask him if Gantt had left. He didn't get him then, but did get him at 7 o'clock. He went to bed about 9:30 o'clock. SEARCH IN FACTORY. "After Frank had detailed his movements, said the witness, he and Scott went through the factory. Darley was the spokesman, pointing out the supposed blood spots, and the point where the hair was said to have been found. From the second floor they went to the basement through the scuttle hole, where Scott saw the place where the body and several objects were found." Solicitor Dorsey asked Scott if he observed Frank's manner when Frank engaged him. SCOTT SURPRISES DORSEY. "Yes, it was perfectly natural, and he exhibited no sign of nervousness." "How did Frank breathe?" "Between words he seemed to take a deep breath." Attorney Rosser objected to the question and answer. In reply, the solicitor said he was surprised by the evidence of Detective Scott, and that he had been misinformed as to what his testimony would be. He then asked permission of the court to ask the witness some questions to refresh his memory. This was granted. "How did his eyes look?" "They were large and piercing." The witness said further that Frank sighed several times during the conversation in Frank's private office. Attorney Rosser entered another objection, and said that the answers of Detective Scott were conclusions merely inasmuch as he had never seen Frank before that time. Scott testified, after looking at Frank in court, that his eyes looked then as they did during the conversation. "Didn't you say to me " Attorney Rosser objected, interrupting. Judge Roan sustained the objection. "How about his complexion, Mr. Scott?" asked Dorsey. "He was a little pale at that time." "What pauses did he make in this conversation?" Attorney Rosser objected, and was sustained. "How did he give this narrative?" ANSWER STRICKEN. "Very specifically as to time." Attorney Rosser asked that the question and answer be stricken. The details themselves were the best evidence, said he. The answer was a conclusion. Judge Roan sustained the objection. "What did he state with reference to his movements about the time Mary Phagan entered the factory?" "He was not very definite. He said she came about 12:10." "What did he say about having heard anybody talking before she came?" "I don't remember that he said anything about that." Solicitor Dorsey asked Judge Roan if he could see the written reports that Scott had made to him to refresh the witness' mind. Attorney Rosser objected, and before there was a ruling on the issue the solicitor asked: GAVE REPORTS TO DEFENSE. "Did you not furnish your reports to the defendant?" "Yes." Attorney Rosser demanded, "Whom do you mean?" "To Sig Montag, Herbert Haas and Luther Z. Rosser." Scott added that the reports were sent either by special messenger or by mail. "Did the Pinkertons furnish reports to counsel?" asked Solicitor Dorsey. "Yes." "Reports that they could read?" "Yes." The solicitor picked up some papers and asked: "Is this one of the reports that you furnished to the state?" "I don't know until I look at my original notes." The solicitor requested the witness to refer to his original notes. The court permitted this. The witness did so. He started to read his notes. The defense objected. The court sustained the objection, explaining to the witness that while he could refresh his memory from the notes, he could not read the notes aloud to the court, but must give his evidence from his mind as it had been refreshed. BEFORE GIRL ENTERED FACTORY. "I now say," continued Detective Scott, "that Frank stated to me that he heard the voices before 12 o'clock." "Was this before or after Mary Phagan came to the factory?" inquired the solicitor. "Before." "What did Frank tell you about the location of the voices" "He told me that he thought the voices were near the stairway, although he could not say for certain, as he had remained inside the office himself." "What did Frank say to you about what happened when he went home that Saturday?" "He said he went home for luncheon." DIDN'T SAY HOW LONG. "Did he say how long he remained there?" "He did not." "Did he say whether he ate lunch?" "No, sir." "What did Frank say to you on that occasion with reference to Gantt?" "During the conversation in Frank's office, Frank said to me that Gantt knew Mary Phagan and was familiar and intimate with her." "Did he tell you how he knew?" "He did not." "What, if anything, was said to you by Frank about Gantt's attention to Mary Phagan?" Attorney Rosser interrupted, declaring: "Questions like these grate on my ears like the false notes from a piano." Judge Roan ruled that it was a leading question and could not be put. Solicitor Dorsey modified the question. "Was anything said by Frank about Gantt's attention to Mary Phagan?" he asked. "Not that I recall," replied Scott. SAYS HE WAS MISLED. The solicitor sought to question the witness as to what he, Scott, had told him, the solicitor, on this point. Attorney Rosser objected, declaring that what the witness had told the solicitor was not material. "Your honor," said the solicitor, "I've been misled on this proposition by the witness. If there ever was a case for a leading question, this is one; and it is entirely within the court's discretion to permit such a question. This witness is a detective. He is in the employ of the defendant. I certainly should be allowed to refresh his memory as to what he told me about his conversation with Frank." Mr. Rosser made the point that before the solicitor could proceed along this line he must charge that he had been entrapped by the witness. The solicitor did not insist that he had been entrapped, but did maintain that he had been misled on this particular point. Detective Scott, addressing the solicitor, demanded to know if the solicitor was intimating that he was holding back any evidence. Solicitor Dorsey addressed his reply to the court. "I do say, your honor, that I did expect this witness to testify differently on this proposition." HE DISAPPOINTS BOTH SIDES --Staff Photo by Winn HARRY SCOTT Pinkerton detective, whose testimony was a puzzle to the state and the defense Thursday. Attorney Rosser renewed his objection, and insisted that before the solicitor could proceed further on his line of questioning he must charge that the witness had entrapped him. The colloquy was suspended until the attorneys on both sides could consult the code. Mr. Dorsey explained that he was not trying to impeach the witness, but sought to refresh his memory. He claimed the right to ask leading questions. "He has just had a lapse of memory," said the solicitor. "And I want to read to him notes which I made in his presence about a conversation between us." Attorney Rosser objected, and Judge Roan sustained him. "Didn't I make a memoranda in your presence?" asked the solicitor. DIDN'T READ DORSEY'S NOTES. "Yes, but I didn't read your memoranda." "Did Frank discuss the friendliness between Gantt and Mary Phagan?" "Yes he said that they were familiar and intimate, and that Gantt paid a good deal of attention to her." "Do you know when Gantt was arrested?" "He was at police headquarters when I went down there after the conference with Frank." "Was any suggestion made to you subsequent to your employment by an attorney of Leo M. Frank relative to your suppression of evidence?" Mr. Rosser objected immediately. Before Judge Roan ruled, the solicitor withdrew the question. Attorney Rosser demurred. "I'll withdraw the objection." said he. "About the first week in May," said Scott, "Mr. Pierce and I went to the office of Herbert J. Haas, attorney for Frank 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. Haas said that he would rather we would submit our reports to him before we did to the police. We told him we would get out of the case before we would do that." "Who did the most talking about your inspection trip through the factory?" asked the solicitor. "Darley, but Frank talked some." BLOOD SPOTS CLIPPED UP? Scott continued that he saw the place on the floor of the metal room whence the supposed blood spots had been clipped up. Some white substance had been smeared there. "Are you sure it was a smear or was it a spill?" asked the solicitor. "It was a smear." "Did Frank show unusual signs of nervousness at that first interview you had with him?" After objection and argument, the question was allowed. "He was a little pale and sighed four or five times." "Was he composed." "No." "What happened at the police station Tuesday night in the presence of this defendant?" "Frank and I were together in a private room when Detective Black came up and said Newt Lee wasn't telling all he knew. At that time I also expressed this same opinion. We asked Frank if he would go into the private room and talk to Lee as an employer to an employe and see if he couldn't get something out of him. They were together alone for about ten minutes. At the end of that time, Detective Black and I went in. Lee evidently hadn't finished some reply he was making to a question by Mr. Frank. As we entered the room and took seats beside them he said to Frank: 'It's awful hard for me to be handcuffed to this chair.' Frank hung his head and said 'They've got me, too.'" "What was the appearance and deportment of Frank at the police station" "He was very nervous. He was squirming in his chair, hung his head, didn't appear to know what to do with his hands, was pale, and sighed heavily." "How were his eyes then?" "Just the same as they are now. You can't tell anything by his eyes." "Did you hear any conversation between Frank and Lee about the punch clock?" "I have a slight recollection of one Monday afternoon at the police station." "What did Frank say about that?" "He said that the first punch Lee made was at 6:33 p. m., and the last one at 3 o'clock. No discrepancy was remarked by Frank then." "Describe Frank's appearance and deportment on April 29 at 11 a. m., when he was taken into custody." "We went to the factory and told Frank that he had better go to police headquarters with us. He was trembling and was very pale. He had nothing to say in the automobile on the way to the station house." "Did you see Mr. Rosser with Frank on Monday previous to Frank's arrest on Tuesday?" "I did not." "Illustrate to the jury Frank's manner when Frank stated to Lee 'Well, they've got me, too.'" FRANK'S MANNER. "When Black and I entered the room Lee was just finishing an answer to one of Frank's questions. He was saying 'It's awful hard, Mr. Frank, on me. You see, they've got me chained to this chair.' Lee repeated this about three times. Frank hung his head, squirmed in his chair, and holding his hands in the air said, 'Well, they've got me, too.'" "Did you see Frank at the jail on Saturday, May 3, 1913" "I did." "Did you have any conversation with him then?" "I did." "Tell the jury what you said to Frank and what Frank said to you." "I went to Frank's cell in company with Black. I asked Frank: 'From the time you went back to the factory from Montag Brothers until you went upstairs where Denham and White were working, did you remain in your office?' 'Yes,' Frank answered. 'From the time you got back to the factory until Mary Phagan arrived at 12:10, did you remain in your office?' Frank answered 'yes.' 'From 12 noon up to 12:30 of that Saturday, were you in your private office?' Frank answered 'yes.'" "Up to this conversation you had with Frank in the jail, had he made any similar statement?" "No." "He did tell you that he was in the office all the time from 12 to 12:30 o'clock?" "Yes." "Did you have any conversation with Frank as to suspects previous to the offering of rewards?" "No." SEARCHING THE FACTORY. "Did you make any search of the factory immediately after your employment?" "I did." "Did you make any search of the area around the elevator and the radiator on the street floor?" "I did. I made a surface search. I didn't dig into the dirt." "What did you find?" "Nothing." "Did you find a pay envelope, a purse, a ribbon, a bludgeon, a stick, or anything like these?" "No, sir." "When did you make this search?" "Right after I was engaged. I ran the elevator up and down, and examined the scuttle hole or trap hole and ladder." Attorney Rosser took up the cross-examination. "You made a report as to what happened between you and Haas, didn't you?" asked Mr. Rosser. "Yes." ROSSER'S CROSS-EXAMINATION. "The report reads something like this, doesn't it? 'This p. m., H. B. P. and I discussed agency's position. Haas said he wanted murderer caught regardless of who it was.'" "Yes." Solicitor Dorsey objected on the ground that a self-serving declaration of an attorney for the defendant was not admissible. Mr. Rosser contended that he had the right to go into the whole conversation. Judge Roan sustained Mr. Rosser. In the discussion of the matter Mr. Rosser said he wanted to make it clear that at no time had attorneys for the defendant asked that evidence be suppressed. He wanted the witness to answer a question relative to a conversation with him, Rosser. Solicitor Dorsey objected. After some discussion and after he had made the remark "Mr. Dorsey is a little fractious this morning," Mr. Rosser withdrew the question about his conversation, and asked Scott: "Did Mr. Haas request you to suppress any evidence?" "No. He said he wanted it submitted to him before it went to the police, and we told him that we could not do that." SCOTT AND ROSSER TILT. Scott proved a difficult witness for Mr. Rosser. The detective made frequent and sharp retorts from the witness chair, and comments on Mr. Rosser's tactics in trying to tangle him. Scott's answers were direct and pointed. Mr. Rosser produced a transcript of the evidence by Scott at the coroner's jury. Mr. Rosser asked Scott if when he was before the coroner's jury he told what Frank had said in relation to Gantt. Scott replied that he did not remember. "Did you mention this remark by Mr. Frank in your report to the defense?" "No, because the day I made this report Gantt was released from police headquarters and was regarded no longer as a suspect. It is customary in Pinkerton reports also to mention no names of suspects." "You didn't testify before the coroner's jury about hearing Frank say 'They've got me, too,' when he and Lee had their interview, did you?" "I don't remember whether I did or not." "You didn't tell the coroner's jury about Frank hanging his head, did you?" Scott replied that he didn't remember. Mr. Rosser read from the transcript. "See if this is what you testified before the coroner's jury," he asked. He read a lengthy excerpt from Scott's testimony. It contained neither of these assertions. Scott said he assumed that was what he said before the coroner's jury. A DIFFERENT WITNESS. "You should remember, Mr. Rosser," added Scott, "that I was answering only questions that were asked me by the coroner, and that he didn't draw out and cross question me like you and Mr. Dorsey have done." Mr. Rosser read another excerpt from Scott's testimony before the coroner. "'I am working for the interests of the pencil factory,'" Mr. Rosser read. "You didn't represent Frank personally, then, did you?" "I was engaged by Frank." In reply to a retort by Mr. Rosser, Scott said: "It's impossible for any man to repeat verbatim what he said years ago." Attorney Rosser took out of a leather case some papers, perhaps notes. "There is some reference to Gantt there, isn't there?" he asked. "About Gantt knowing Mary Phagan intimately. Did you have these notes when you were writing your reports to me?" "We never put in the names of suspects," replied Scott. "When you were before the coroner's jury you didn't say Frank was nervous at the pencil factory, did you?" Scott said he didn't know that his testimony there was the same as in court. "When you were before the coroner, these facts were fresh in your mind, were they not?" "Yes." "And you didn't relate them?" "I wasn't asked. There is something different in telling what you know, and going into detailed sheets." "Well, let's see about these detailed sheets," said Mr. Rosser, picking up the transcript of testimony by Scott before the coroner's inquest. "I count here, Mr. Scott, ten pages in which you detailed your testimony. In all these ten pages, you only told of two matters, your conversation with Frank, and that evening with Frank and Newt Lee." "Yes." "And you didn't state in any of it about this matter? When you were telling about that conversation with Frank, you said nothing about him being nervous?" "I said he hung his head." "Let me see," said Mr. Rosser, examining the transcript. "I don't find that you used anything about Frank crossing his legs, putting his hands up, and things of that kind." "No." "It was not until three or four weeks ago that you told these things to Dorsey?" "I told him when Mr. Dorsey asked me the question." "Then it took ten pages to carry your brief details?" "I guess Dorsey has a line of attack (Continued on Page 6, Col. 1.) --- MACHINIST TELLS OF FINDING BLOOD, HAIR, PAY ENVELOPE (Continued from Page 5.) that the coroner did not have." "What do you mean by 'line of attack,' Mr. Scott?" "Line of questions." ROSSER'S FAST QUESTIONS. "And you didn't say a word about Frank putting his hands up to his face?" "No." "You are a trained detective?" "Yes." "And you make a habit of noticing the appearance and actions of people?" "Yes." "And you never told the coroner about this?" "I've got more sense than to tell all I know at a coroner's inquest." "Uh-huh!" grunted Mr. Rosser. "Weren't you recalled, Mr. Scott, and asked if you had told all that you knew?" Solicitor Dorsey interrupted with an objection against Mr. Rosser's method of questioning the witness. "Your honor, the witness provoked me," said Mr. Rosser. Addressing the witness again, Mr. Rosser asked: "You undertook to tell all you knew at the coroner's inquest?" "Only in a general way. "General way, eh?" "I was not such a fool as to go in with a fine-tooth comb at a preliminary hearing," added Scott. Mr. Rosser called the court's attention to the manner in which the witness was replying to his questions. Before he had finished, Solicitor Dorsey was on his feet, making the point that the witness repeatedly had explained to Mr. Rosser why he had not testified everything at the inquest. He had stated that he was not accustomed to give out everything at preliminary hearings, and that he was not asked as to certain facts. ROSSER CHANGES TACTICS. Mr. Rosser changed abruptly his line of questioning. He asked the witness if Darley and others were not present when he walked with Frank in Frank's office. They were, answered the witness. They saw and heard all that was said. "Black was present at the station house when you talked with Frank, was he not?" "Yes." "Your agency works with the police, does it not" "Yes, on criminal investigations." "You always hook up with the police and go on down the road with them, don't you?" "We work in harmony with the police." "You quit work if you don't agree with the police?" "We never clash over views." "Were you in the pencil factory on Sunday morning, April 27?" "No, it was Monday afternoon about 4:30 o'clock that I first went to the pencil factory." "Did you testify before the coroner about any blood stains?" "Yes." "Let me read you what you said before the coroner's jury: 'Also to a point about ten feet from the lathe, supposed blood stains had been chipped up from the floor by the police.' Did you testify to anything about the white smear over these blood stains?" "No." "These original notes of yours when did you make them?" "All in Frank's private office on Monday afternoon, April 28." "On your trip through the factory that afternoon, didn't Darley do some talking?" "Yes. Both Darley and Frank talked." "Wasn't it Darley who told you about Gantt being familiar with Mary Phagan?" "No it was Frank." SCOTT ADMITS UNCERTAINTY. "I simply want to refresh your memory, Mr. Scott. Are you absolutely clear whether you got that statement from Frank or Darley?" "No, not exactly clear; but Frank did the talking in the office and all the notes were taken in the office." "Did you take down any notes as you went through the factory?" "No, I made memoranda later at my office." Holding up Scott's original notes, Attorney Rosser asked: "Some of these were written at your office?" "No, all were written at the factory. I'll swear positively to the last word that those notes were taken in Frank's office." "But you won't be positive whether it was Darley or Frank who made the statement about Gantt being familiar with Mary Phagan?" "I think it was Frank, but I am not entirely clear. As far as I can recollect, Frank was the spokesman. I only took down what Frank said. Darley may have made some statements." Mr. Rosser quoted the evidence by Scott at the coroner's inquest and a report made by Scott to him in which he had stated that Frank told Mary Phagan that the metal had not come. "How is it that you now say Frank answered 'I don't know?'" BLAMES STENOGRAPHER. "It must be a stenographic error," said Scott. "I now swear positively that Frank told me he answered 'I don't know.'" "It's peculiar that the same error occurred twice," remarked Mr. Rosser. "Yes, it is," smiled the witness. "Why didn't you put the Gantt episode in your report to me?" "Because he had been eliminated from my mind as a suspect when I dictated that report." "You say now that Frank left the office at 1:10. Why did you say in your report to me that he left at 1?" "Either I made a mistake or the stenographer did," answered Scott. Attorney Rosser reverted to Scott's relations with the city police, bringing out the statement from Scott that the police received reports on his work before his clients did. Solicitor Dorsey took up the re-direct examination. "Did your agency report the finding of any ribbons, pay envelopes, or sticks, to the police?" "I don't know. I was out of town part of the time." Solicitor Dorsey referred to the Pinkertons' relations to the city police, asking what the Pinkertons did when the facts did not harmonize with the theories of the police. "We fight it out then and there," Scott answered. "Did you carry a lantern with you when you went around through the factory?" "Yes, I held one in my hand." The solicitor asked Scott to describe his route through the factory on the diagram. Before Scott left the stand, Attorney Rosser asked this question: "Did you notice any stairway from the basement to the first floor?" "Yes." The witness pointed to a spot on the diagram, which was not marked, near the boiler in the basement. Solicitor Dorsey asked him to describe that. The witness did, saying it was nailed up when he saw it and was covered with dust and cobwebs. MONTEEN STOVER ON STAND. Scott was excused from the stand. Miss Monteen Stover was called as the next witness. Miss Stover testified that she is not working anywhere now, but until the Monday preceding the murder of Mary Phagan she worked at the National Pencil factory. On the day of the murder, she was in the factory building from 12:05 o'clock until 12:10 o'clock, and that she did not see Frank or anyone else. CROWDS SEEKING ENTRANCE TO FRANK TRIAL Scene Thursday morning in front of the old city hall, where the Frank case is on trial. "What purpose did you have in going to the factory?" "To get my pay." "When do they usually pay?" "At 12 o'clock on Saturday." "What part of the factory were you in?" pursued the solicitor. "Mr. Frank's office." "Was he there?" "He was not." "Did you see anybody at all anywhere in the building?" "No, sir." "Did you hear anybody anywhere in the building?" "No, sir." Solicitor Dorsey, taking Mary Phagan's parasol as a pointer, went to the diagram hanging on the wall, and pointing to the location of the women's dressing room, asked Miss Stover if the door of it was open or shut. "I don't know." "How were you dressed that day?" "I had on a yellow hat." "What kind of shoes did you wear?" "Tennis slippers." "How far toward the rear of the building did you go?" "I went as far as the time clock." "Did you look at the clock?" "Yes." LOOKED AT THE CLOCK. "What time did it register then?" "The hands stood at 12:05 o'clock." "What did it register when you went out of the factory?" "Ten minutes after 12 o'clock." "Did you see any man's apparel in Frank's office?" "No, sir." "Had you ever previously noticed this door of the women's dressing room? Was it usually open or closed?" "Sometimes open, sometimes closed." The solicitor picked up a paper from his desk and said to the court: "May I show her this affidavit to refresh her memory, your honor?" Attorney Rosser objected. Solicitor Dorsey explained: "I want to show her what she said to me about this door when it was fresher in her memory than it is now." An argument followed, and Judge Roan called for citation of authorities. The solicitor sent Special Deputy Newt Garner to his office for an authority, turning the witness over to the defense for the interim. ROSSER TAKES WITNESS. Attorney Rosser's manner toward the witness was gentle. Her voice was low. "Did Mr. Frank have one or two offices?" "There are two offices there." "How far did you go into the office?" "Into the outer office far enough to get a full view of the inner office." "Did you notice several articles of furniture and fixtures in there? Did you notice the safe in the inner office?" "No, I was looking for a person and didn't notice any of these objects." Miss Stover added that entering the building she went directly to the office, entered the outer office and looked into Frank's private office, sat on a bench outside the outer office for a minute and a half or two minutes, lingered around a little while, and then left. Attorney Rosser questioned her as to who saw her leave home and who saw her return. Miss Stover gave the names of several people who saw her leave and return. "You didn't see Miss White or Miss Corinthia Hall that day, did you?" "No, sir," she replied. "How many times have you talked to the solicitor about this case?" "Once, and I saw him at the grand jury." "It's the truth, is it, that sometimes you saw the door of the women's dressing room closed and sometimes open?" "Yes." "That's the truth, no matter what kind of an affidavit you made, isn't it?" "Yes." Attorney Rosser was through with the cross-examination. Solicitor Dorsey cited his authority for asking permission to show her the affidavit in order to refresh her memory. Judge Roan granted the point to Solicitor Dorsey. The affidavit was shown to her. After she had read it, the solicitor asked: "Having refreshed your memory, Miss Stover, tell us about that back door?" "Sometimes it was open, and sometimes it was closed." "In what position was it when the factory was not running?" "Then it was shut." Mr. Rosser interposed: "You went to the solicitor's office before you went to the grand jury, didn't you?" "Yes, sir." IMPORTANT WITNESS. R. P. Barrett, a machinist at the National Pencil factory, was the next witness. He stated that he had been employed at the pencil factory for about eight weeks before the murder and that he still is employed there. He appeared before the coroner's jury and the grand jury, he said. Solicitor Dorsey asked the witness what if anything he had seen at the water cooler near the dressing room used by Mary Phagan, on Monday morning, April 28. "An unusual spot," replied the witness. "Had you ever seen this spot before?" "No." "Did you work at the factory Friday?" "Yes." "Was the spot there on Friday?" "No." "Describe this spot." "There was a large spot about four or five inches in diameter. There were several little spots just behind it." "How many of these little spots?" "About six or eight." "When did you discover these spots?" "Between 6:30 and 7 o'clock Monday morning after the murder." "Of what was this spot?" BLOOD SPOTS FOUND. "It was blood." "Did you notice anything else about it?" "Yes, there was some white substance over it." "Do you know what this substance was?" "I do not." "Had you ever noticed any white substance like this on the floor before?" "No." "Are there any white substances kept on this floor?" "Yes, potash and hascoline." "Do you know which it was that was smeared over the spot?" "No." "What was the appearance of the spots and the potash and hascoline?" "The large spot was about four or five inches in diameter. There was a white substance smeared over it. There was nothing on the little spots." "How had this white substance been applied?" "By a broom." "What kind of a broom?" "A coarse cane broom." "Did you find the broom anywhere near these spots?" "Yes." "Where?" "About four or five feet away, leaning up against the wall." "Was this broom in its regular place?" "I don't know." "Do you know whether this broom was there on Friday?" "I do not." "What makes you think this white substance was applied with the broom?" "Because there were large streaks through both the blood and the white stuff." "Did you examine the broom?" "Yes. It was very dirty." "Did it show any evidence of having been used?" "No, I couldn't tell." "For what was this broom used?" "To clean up the grease on the floor in the metal department." "What sort of broom is used for sweeping the floor regularly?" "A broom with finer straw." "What else, if anything, did you find in the metal room?" FOUND STRANDS OF HAIR. "I found some strands of hair on the handle of the bench lathe where I worked." "What is the shape of this handle?" "L-shaped." "Describe it." The witness asked for a pencil and a piece of paper. He drew an illustration of the lathe handle. "Where was the hair?" "It was hanging over the handle." Witness indicated where the hair hung, on his pencil sketch. "Of what material was the handle?" "Iron." "Did anyone else see the hair?" OTHERS SAW THE HAIR. "Yes Mell Stanford." "Was Magnolia Kennedy there?" "Yes." "Did she identify this hair?" Attorney Rosser objected. Solicitor Dorsey insisted, contending that Mr. Rosser had gone into great detail concerning hair; that he had asked many questions of Miss Grace Hix about hair, inquiring the shade of Mary Phagan's hair, that of Magnolia Kennedy, and even went so far as to have the witness point out Mr. Arnold's hair as a sample. Judge Roan ruled that what Magnolia Kennedy said about the hair after its discovery would be hearsay evidence. Solicitor Dorsey remarked: "I just wanted to show, your honor, by this witness, whether Magnolia Kennedy identified the hair." Mr. Rosser interrupted, declaring that only the God of the universe would know whether she identified it that it was purely a matter of opinion. Solicitor Dorsey asked the witness. "How far away from the bench lathe where the hair was found, is the gas jet where the girls curled their hair?" "About ten feet," answered the witness. The solicitor had the witness locate the machine and the gas jet on the diagram. "You say the hair was not there Friday?" "No," said the witness. "When did you discover it?" "Monday morning." "Whose attention did you call to it?" TOLD QUINN ABOUT IT. "I called Quinn and Quinn called Darley." "How do you know that the hair was not there on Friday?" "Because I used the machine myself up to quitting time." "When is quitting time?" "Five thirty p. m." "Was the factory closed Saturday?" "Yes." "Were there any girls working there Saturday?" "No." "How far is the nearest lot of hascoline and potash from where the broom and blood were found?" FOUND PAY ENVELOPE. "There was a can of hascoline about eight feet away. The potash is in the plating department about twenty or twenty-five feet away." "What was the color of the smearing?" "White." "You found no black stuff around?" "Nothing but streaks of grease on the floor." "Did you examine the area around Mary Phagan's machine? If so, when?" "Yes the latter part of the week." "What did you find?" "I found a piece of a pay envelope under her machine." The witness said that was between the 28th and 30th of April. On that part of the pay envelope was a mark that looked like it was a part of the letter P or G or F. He gave that to one of the solicitor's attaches. He identified a piece of pay envelope handed to him as the piece which he had found. He found nothing else except filings under that machine. The envelope could not be seen where he found it, unless a person looking toward it was standing ten or fifteen feet away from the machine. Solicitor Dorsey indicated on the diagram where a bloody stick is supposed to have been found, and asked the witness if he made a search of that area. The witness said that he did, during the latter part of the week following the tragedy, and that he found no stick, blood, nor part of any pay envelope. Solicitor Dorsey asked the attorneys for the defense if they had in court the bloody stick, said to have been found by the Pinkertons. The attorneys answered in the negative, saying they could produce it Thursday afternoon. The solicitor announced that he would bring the witness back later. CAN'T IDENTIFY IT. Attorney Rosser took up the cross-examination and developed that there was no distinguishing mark on the piece of envelope found by Barrett except the little loop. There was no number, no amount, nor anything like that, to distinguish it from hundreds of others used in the factory. Barrett testified under cross-examination that he found the hair when he turned the handle of the lathe on Monday morning and the hair caught on his fingers. Barret was positive that the spots which he found were blood spots, although he admitted he had made no chemical analysis. Mr. Rosser concluded his cross-examination, and Mell Stanford, another employee of the pencil factory, was called to the witness stand. Stanford declared that on Friday, April 25, he swept the second floor of the pencil factory, including the metal room, and was certain that he swept around the water cooler and by the dressing room. On Monday he was again in the metal room and saw the hascoline smeared on the floor, where it had not been when he swept the metal room between 9 and 10 o'clock Friday morning. He was certain that a heavy broom had been used for smearing the hascoline. The spots leading from the hascoline smear went back toward the dressing room. Attorney Arnold took up the cross-examination of the witness, but at 12:25 o'clock, before he could ask a question, Judge Roan ordered a recess of the court until 2 o'clock. AFTERNOON SESSION. A number of people remained in the court room throughout the noon recess, preferring to run no risk of losing their seats. A small boy who somehow got past the guards brought a basket of lunch and sold it out in short order. Leo M. Frank, the accused, and his wife lunched together in one of the rooms adjoining the court. Some fifty or seventy-five women were in the crowd which entered the court room just before 2 o'clock. They were more numerous than at the morning session. The number of women attending the trial grows with each session of the court. At 2 o'clock court reconvened with Mell Stanford in the witness hair, and with Attorney R. R. Arnold conducting the cross-examination. --- Witnesses of Frank Trial Have Tedious Job of Merely Waiting At First It Was Picnic for Them, but Now It's Only a Long, Long Wait, in a Crowded Room Under a Burning Roof The witnesses in the trial of Leo M. Frank undoubtedly have had the hardest time of it to date. If they testify they must run the gamut of Luther Rosser's sledge-hammer cross-examination or Solicitor Dorsey's boring-in tactics; if they don't testify they must wait, and the waiting is the hardest part of all. One of them in the upstairs hall above the court room declared Wednesday, "I can't stay up here, it's too hot. If I go downstairs a policeman runs me away. But I've got to stick around." It is hot, fearfully hot, in the room where the witnesses have congregated. Downstairs are electric fans and ozonaters and the excitement of the trial, upstairs there is nothing but heat and waiting. On the first day the witnesses felt very cool and merry. It was a novel experience, they could discuss every phase of the trial, they might even be the next ones to testify. But three days of it has cooled, or rather melted their ardor. Men in wilted collars and women and girls pale and wan from long hours spent under the burning roof, lounge around on chairs and benches. They have nothing to do. They can talk about the case, but they have talked about it so much that the subject is worn threadbare. They can look out the window and wonder if the workmen on the new court house are named Smith or Jones. They can look out the windows on the other side and speculate on the menu which the Greek restaurant is offering for dinner. But such idle fancying is not intensely interesting. In the front room to the right are the negroes, grown several shades paler, one would think, since they first were subpoenaed. In the main room are other witnesses, friends of Frank come to defend his character, girls from the factory, the mother of Mary Phagan and her friends. Some of them are asleep on the benches, others twiddle their thumbs and gaze at the walls, where great oil paintings of Georgia's famous lawmakers hang. "Let's get something to drink," some one will say, and across to a drug store they go, returning a few moments later to sit down and await the summons. The only break in the monotony comes when a bailiff takes a witness away to the court room or brings one back. Then the rest gather around to hear how their fellow-sufferer fared at the hands of the attorneys. It may be their turn next, perhaps they will do better. And so they wait. --- SHE WILL WED J. M. GANTT WHEN FRANK TRIAL ENDS Staff Photo by Winn MISS SARAH A NINE CHAMBERS. She will wed J. M. Gantt when Frank trial ends. --- ROSSER RIDDLES ONE OF THE STATE'S CHIEF WITNESSES Detective John Black "Goes to Pieces" Under Rapid-Fire Cross-Questioning of Frank's Attorney at Afternoon Session Action characterized the Wednesday afternoon session of the Frank trial, and it was the first time the tedious proceedings had taken on life enough to attract more than passing interest. This action came in the fierce and merciless cross-examination of Detective John Black by Attorney Rosser, leading counsel for the defense. Black has taken a prominent part in the investigation of the Phagan murder, and it was expected that he would prove one of the state's principal witnesses, but before Mr. Rosser had finished with him he went all to pieces and admitted that he was hopelessly confused. There were only two witnesses at the afternoon session Detective Black and J. M. Gantt, the former shipping clerk at the pencil factory. Gantt was on the stand but about twenty minutes and the only two important points in his testimony were assertions that Frank knew Mary Phagan and that Frank seemed to be frightened and very nervous when the witness saw him at the pencil factory door on the evening of the murder. DORSEY'S CHARGE. There was a considerable colloquy between Solicitor Dorsey and Attorney Rosser as to the propriety of the questions framed by the solicitor. During this colloquy Mr. Dorsey, addressing the judge, declared: "I propose to show, your honor, that this bloody shirt was a plant, and that it was through suggestions made by the defendant that the detectives were induced to search Newt Lee's house." The question was finally put and the witness rather hesitatingly replied that it was on Tuesday that the shirt had been found and that it was on Monday morning that Frank had suggested that the officers search his own house, and that it was also on Monday that the defendant had announced that there were skips in the time clock slips. Court re-convened at 2 o'clock. SECOND VISIT TO FRANK'S Detective Black also told of going to Frank's home again Monday morning at 7 o'clock with Detective Haslett to ask him to come down to the police station to talk the murder over. Black said that he and Haslett had to wait on the porch while Frank ate breakfast, and when Frank finished his meal they accompanied him to headquarters. They arrived about 8 o'clock or 8:30. Shortly after they got there he noticed Attorney Rosser and Herbert Haas. At 11:30 o'clock Monday morning Haas insisted to Chief Lanford that a search be made of Frank's house by officers, Frank accompanying them. Solicitor Dorsey asked the witness just what Haas said to Lanford. Black replied that Haas stated he was Frank's lawyer and that in that capacity he would insist that nothing should be left undone to clear up the matter so far as Frank was concerned. Solicitor Dorsey then asked the witness if on that morning Frank had consulted with Rosser and Arnold. He said he didn't know about Mr. Arnold, but that Frank had consulted with Rosser and Haas at police headquarters. The witness was asked what conversation he had had with Newt Lee. He and Pinkerton Detective Scott suggested to Frank, replied the witness, that he take Newt Lee into a room and see if he could get anything out of him that would throw light on the murder. The witness said that Frank had spoken very highly of the negro night watchman. The two were left in a room alone together for five or ten minutes, said the witness. Black was not able to overhear very well what was said in the room. Detective Scott and Black went into the room and Frank told them Newt Lee stuck to his first story of not knowing anything about the murder. Black said that Frank told him he insisted to Lee that he, the negro, must know something about the murder as no one else was in the factory on that Saturday night. Black said that he talked with Frank about getting suggestions from him, and that Frank seemed to suspect Gantt and to believe that Lee might know something about it, inasmuch as Lee was the nightwatchman and as such it was his duty to go through the factory every thirty minutes. "He told me," said the witness, "that Gantt came to the factory about 6 o'clock Saturday afternoon and that he left him there; that he had had some previous trouble with Gantt and at first had refused to let him go in and look for his shoes, but that he later told Lee to let him in and watch him while he was in the factory; that he had given this direction because Gantt knew the surroundings of the office." Subsequent to this conversation, Gantt was arrested, said Black. Frank did not talk with Gantt. Frank did not refuse to talk with Lee. The first mention was made of Jim Conley's name. Solicitor Dorsey asked the witness if there had not been other suspects. Black said yes. "Who were they?" "Jim Conley was one," replied Black. "Did Gantt talk to Conley?" "No." "Did you talk to Frank on several occasions after he was arrested?" "Yes. He seemed to be nervous, as any man under arrest would be, and was willing to answer questions." Solicitor Dorsey asked that the statement be stricken, saying it was not an answer to his question. Judge Roan refused to rule it out. Solicitor Dorsey asked this question: "Was Newt Lee nervous after he was arrested?" Attorney Rosser objected. "Well," said Solicitor Dorsey, "if you let him give this gratuitous opinion about Frank, isn't it fair to let me compare it with the demeanor of another man accused of the same crime?" Attorney Rosser still objected. Judge Roan agreed to sustain Rosser, but told the solicitor that he would rule out Black's opinion if the solicitor would withdraw his question. This was done. The solicitor then put his question in another form. "After Frank was arrested, did you observe his deportment, conduct and appearance?" "Yes, he was excited and sullen and didn't have much to say. Previously he had talked willingly." Solicitor Dorsey announced he was through with the witness, and Attorney Rosser took up the cross-examination. "You said Frank was 'released' Monday evening," began Attorney Rosser. "You mean then that he had been detained there against his will?" Detective Black said that he had used the word 'released' inadvertently, and that Frank had not been under arrest that day. SOLICITOR DORSEY EXAMINING WITNESS AT FRANK TRIAL Solicitor Dorsey is shown in a characteristic attitude as he questions the state's witnesses. To his right the defendant, Leo M. Frank, is shown. Attorney Rosser attacked the statement that Frank had retained counsel Monday (?) about 8 or 8:30 o'clock. "As a matter of fact, don't you know that it was 10 o'clock in the morning when I came to police station?" Black answered, "No, I don't know it." "What? You don't know it was 10 o'clock when I came?" Black answered, "No, sir. I still think you were there at 8:30 o'clock." "Were you in the room when I got there?" "I was in the hall." "Didn't you hear me go up and introduce myself to Mr. Frank? Didn't you know that I never had seen him before? Didn't you hear me ask him what they wanted with him? Didn't you hear him say that they wanted a statement from him? And didn't you hear me tell him to give it voluntarily?" ROSSER RAPS LANFORD. Detective Black answered in the negative. "I wasn't in the doom," said he. "Didn't you hear Chief Lanford call Frank into his private office with a snarl, like he was talking to a negro, and say, 'Come in here.'" "No. Chief Lanford doesn't talk that way." "You and Chief Lanford didn't want me in there, did you, Mr. Black? You didn't want me to hear what you had to say to him?" "No, sir." In answer to other questions, Black testified that Frank during his detention at the station house and in his examination by the coroner's jury, answered all questions readily. Attorney Rosser reverted to the previous conversation which Black testified he had with Frank regarding another matter, before the murder of Mary Phagan occurred. "Can you remember who was with you on that occasion?" he asked the witness. "No Bullard." "What refreshed your memory so suddenly? As a matter of fact, aren't you figuring that your partner should have been there?" "No, it just occurred to me." "Where were you when this conversation took place?" "In the pencil factory." "What part of the pencil factory?" "Around the office." "As a matter of fact, you can't swear truthfully that you spoke to him at all, can you?" "Not positively." THE PHONE CONVERSATION. Regarding the telephone conversation when Detective Starnes called Frank on the morning after the murder, Attorney Rosser asked Black if he could remember what Starnes said. "No, sir," replied Black. "Did you have Newt Lee in your custody at that time?" "I don't remember." "What time did you get to the undertaking establishment?" "About 6:30 o'clock, to the best of my recollection." "As a matter of fact, wasn't the sun high and hot when you got back?" "No." "Why didn't you tell Frank, until after you got in the automobile, that a girl had been killed at the factory?" "I wanted to see the effect of the news on Frank." "When you really want to remember anything, you write it down, don't you, Mr. Black?" "Well yes." "Didn't Frank go upstairs and put his collar and tie on?" "No, sir." "You don't see things like other men, do you, Mr. Black?" "I suppose I do." "How long did it take Frank to put on his collar and tie?" "I don't remember." "Did he tie his tie, or was it a hang-me-on?" "It was a cravat." ROSSER GRILS BLACK. "How long did you stay out there?" "Maybe not ten minutes." "And Frank talked freely to you in the automobile, didn't he?" "Yes." "You took him to the undertaking establishment?" "Yes." "How did you say you went into the undertaking place in what order; the undertaker first, Rogers, Frank and then yourself?" "Yes." "Frank was between you and the body?" "Yes." "You saw the girl's face?" "Yes." "Well, then, Frank had an opportunity to see her face. He was closer to her than you?" "Yes." "Now about that curtain. It opened into a sleeping apartment, didn't it?" "I don't know." "As a matter of fact, you and Frank stood just inside the door, didn't you?" "Yes." "Frank was between you and the body?" "Yes." "You saw the girl's face?" "Yes." "Well, then, Frank had an opportunity to see her face. He was closer to her than you?" "Yes." "Now about that curtain. It opened into a sleeping apartment, didn't it?" "I don't know." "As a matter of fact, you and Frank stood just inside the door, didn't you?" "Yes." "Frank was between you and the body?" "Yes." "You saw the girl's face?" "Yes." "Well, then, Frank had an opportunity to see her face. He was closer to her than you?" "Yes." "Now about that curtain. It opened into a sleeping apartment, didn't it?" "I don't know." "As a matter of fact, you and Frank stood just inside the door, didn't you?" "Yes." "You on the left and Frank on the right?" "I think so." CURTAIN AT UNDERTAKER'S. "Mr. Black, that curtain was about 10 feet from the little opening, wasn't it?" "I don't know, sir." "To have gone behind that curtain, Frank would have had to walk several feet out of his way from the opening where he stood?" "I don't know, sir." "You won't swear, Mr. Black, will you, that Frank went behind that curtain?" "I think he did." "You were standing in the same relation to the curtain as Frank, were you not?" "No." "This sleeping room was about six feet off, was it not?" "No." "Frank didn't go behind the curtain, did he?" Black didn't reply. "You know that ain't so, don't you?" "I don't know." "You went upstairs into the factory with Frank?" "Yes." "He unlocked the safe without trouble at the first effort?" Black nodded. "And he took the book out at the first reach?" "Yes." "And he carried it and put it on the table?" "Yes." "And he opened it at the right place?" "Yes." "He ran his finger down the column of figures until he reached Mary Phagan's name?" "Yes." "And immediately he informed you that he had paid Mary Phagan $1.20.?" "Yes." "You went through the factory with Frank?" "Yes." "Who else went?" "I don't know several people." "A whole horde of 'em, wasn't it?" "I don't know. There were several." "And none of you saw the splotch said to be blood?" "No, sir." "None of you saw the spots in the hallway, close to the dresser?" "No." "How many of you went over the building?" "I don't know exactly." "Perhaps thirty people?" "I don't know." "This large horde, made up of officers and curiosity seekers, went over the factory and nobody saw these alleged blood spots?" "No, sir." "How long was the factory open on Sunday morning till about 12 o'clock was it not?" "I don't know." "How many times did you go the factory that morning?" "Twice." "You were there quite a while the first time, were you not?" "Yes." "Detective Starnes went over the factory with you, did he not?" "Yes." "Campbell and Beavers, too?" "I don't know about Beavers, but Chief Lanford did." "And no blood spots were discovered that day?" "Not so far as I know." "You saw Frank at the clock?" "Yes." "He opened the clock and took out a slip?" "Yes." "Darley was there?" "I don't know. I don't remember being there." "Who held down the lever?" "I don't know. He didn't have to hold the lever down." "Boots Rogers held it down, didn't he?" "I don't recollect." Black then stated that he believed Rogers held the lever while Frank put a new slip in. He didn't think anyone held it down when Frank took the old slip out. "A moment ago, you didn't have any recollection, did you? You've got it now, though, haven't you?" Black smiled feebly. "How long did you keep Frank at the station house that morning? From about 8:30 until 11:30, didn't you?" "He stayed there," answered the witness. "Well, that's what you meant. You meant you kept him there, didn't you?" "I could say we kept you there, but we didn't," responded the witness. FRANK'S SURRENDER OF SLIP. "When did Frank turn over this slip that he took out of the clock" "I don't know." "Sunday morning?" "I don't remember." "Didn't you tell Mr. Dorsey a few minutes ago that he turned over the slip on Monday morning?" "I don't remember." "Look here, Black. Is your memory so bad you can't remember what you told Dorsey twenty or thirty minutes ago? And yet you attempt here to state the words of conversations that occurred more than three months ago?" Witness did not answer. "You heard Frank say he was mistaken about the way the time slips were punched that at first he examined them only in a casual way?" "I don't recollect." Mr. Rosser referred to conversations which Black had had with J. M. Gantt, and brought forth the statement that Frank had charged a shortage against Gantt before Gantt was discharged, and that he had given orders that Gantt not be admitted to the factory. "I wish to examine this witness no further now, your honor, but I want to call your honor's attention to the rule that if we want to use him to impeach another witness who follows him, we may call him back to the stand." The statement of Attorney Rosser was taken to indicate that there is a possibility that the defense may use no witnesses. NEWT LEE'S SHIRT. Mr. Rosser asked Black if he had searched Newt Lee's house. Black answered that he had, and that he found a bloody shirt. The shirt, which had been in the possession of the solicitor general, was exhibited to the witness by Mr. Rosser and was identified by him. He found the shirt at the bottom of a barrel at Lee's residence, said the detective. He brought the shirt to police headquarters and showed it to Lee. Solicitor Dorsey objected, and Judge Roan held that Newt Lee's admission that the shirt belonged to him could not be introduced in evidence. Solicitor Dorsey took up the redirect examination. The solicitor made the statement that he would try to show that the shirt found at Newt Lee's house was a plant of the defense. This statement came during an argument between the lawyers, and was precipitated by this question of the solicitor: "What did Frank say about Lee telling or not telling all that he knew about the crime?" Attorney Rosser objected to Black answering that question. The solicitor explaining his motive in asking it, said, "I want to show that Frank was trying to point suspicion at Newt Lee. I want to show that he wanted his own house searched so that when the officers had gone through it and nothing had been found there, he could tell them to go and search Newt Lee's house. Our contention is that this shirt was a plant and Frank's request was a ruse to get the police to search his house and then Newt Lee's house and thus throw suspicion on the negro. The shirt was a part of the scheme." THE QUESTION ALLOWED. Judge Roan allowed the question. Detective Black, answering it, said that Frank declared Lee hadn't told all he knew. Solicitor Dorsey asked: "Did Frank at any time tell you that Lee had time to go home and get back to the factory during the night?" Black replied that after Frank was supposed to have looked at the tape the second time, he (Frank) had made that remark to him (the witness.) "Did you search Newt Lee's home?" "Yes." "Was it before or after Frank called your attention to these discrepancies in the time slip?" "Afterward." Solicitor Dorsey took the shirt and handed it to the detective. "Which side of the shirt is the blood on?" "On both sides." "Does it look like it had been put on one side and then had soaked through?" "I can't tell," answered the detective. "Now, Mr. Black. I want to get this one point clear. You told me that you had one conversation with Mr. Frank on the Monday morning after the murder, and I understood you to tell Mr. Rosser that you didn't have any. What about that?" "To the best of my recollection I had one conversation with Frank on that day." ROSSER GROWS ANGRY. Jumping to his feet and advancing toward the witness in a threatening manner, Attorney Rosser shook his finger at him and demanded: "Didn't you say that personally you had no conversation with Frank about these slips?" "No, sir." "Well, what time Monday did you have this conversation with Frank?" After hesitating for a moment or two, the witness replied that he could not remember. Glowering at the witness, Mr. Rosser demanded: "Black, didn't you say time and time again that you couldn't say whether it was before or after you talked about the slips that you went to Lee's house?" "I said it was later I talked about the slips." "Look here, Black, isn't it in the record right here in the record that several times over you admitted that you couldn't tell whether you went to Newt Lee's house after the conversation about the slips or before?" "I won't say." "Isn't it true that you never did discuss these slips with Frank" "I remember on one occasion Frank said the slips were mispunched, and that was what caused me to go to Lee's house." Before the witness had finished his answer, Mr. Rosser was shaking his finger at him and putting this question: "What I want is for you to tell me if you haven't sworn already that you couldn't say whether this talk about the slips occurred on Monday." "I said I didn't remember, but I had gone out after Frank suggested there were mispunches." Mr. Rosser started to fire another question at the witness, when the latter interrupted him to say: BLACK ADMITS HE'S CONFUSED. "Look here, Mr. Rosser, I don't like to admit that I'm balled up, but you've got me crossed up and I don't know where I'm at. I want to tell the truth " "Come down, Black," said Mr. Rosser. But before the witness could leave the stand, Solicitor Dorsey propound this question: "When was it, Mr. Black, that you first heard Mr. Frank discuss these punch slips?" "Sunday morning." "When was it Frank told you that what he had said on Sunday about the slips was wrong and that there had been skips?" Attorney Rosser objected, insisting that this ground had been gone over with the witness. Judge Roan sustained the objection. Solicitor Dorsey asked: "What day was it you knew that Frank changed his statement?" Attorney Rosser objected to this, declaring it was immaterial. "Well, what day did Frank tell you these slips were not correct?" amended the solicitor. "To the best of my knowledge, it was on Monday." "Come down, Mr. Black." "Yes, come down, Mr. Black," echoed Mr. Rosser, with a sneer. As the witness was leaving the stand, it was announced that Mrs. J. W. Coleman, the mother of Mary Phagan, would be recalled. Some of the bailiffs misunderstood and thought that Mr. Rosser desired that Black resume the witness chair. To this mistake Mr. Rosser shouted: "Not on your life." MRS. COLEMAN RECALLED. Mrs. Coleman was recalled by Attorney Rosser. "Did Mary, on the day she left home the last time, carry a little mesh bag?" "Yes." "That's all," said Mr. Rosser. "Describe that bag," asked Solicitor Dorsey. "It was just a plain silver mesh bag," said Mrs. Coleman. Mr. Dorsey produced the bloody handkerchief and the parasol. The latter was identified positively by Mrs. Coleman as having belonged to Mary. She said she was almost certain that the handkerchief belonged to Mary. Mrs. Coleman left the witness stand and was given a seat in the court room beside her husband, J. W. Coleman, who has watched every step of the trial. J. M. Gantt was called to the stand. "Were you ever employed at the National Pencil factory?" asked Solicitor Dorsey. "Yes, from January 1 to about April 7, when I was discharged by Mr. Frank." "Why were you discharged?" "For an alleged shortage." "Did you know Mary Phagan?" "Yes, I knew her when she was a little girl. She was born on a farm near where I lived. But I hadn't seen her for years until I met her in the pencil factory." "Did Leo M. Frank know Mary Phagan?" "Yes." "How do you know that he did?" "One day she had been in the office talking to me about a mistake in her time. When she left, Mr. Frank turned to me and said, 'You seem to know Mary pretty well.'" "When was that occurrence?" "How intimate were you and Mary?" "I knew her very well when she was a child. And I saw her frequently at the factory." On questions from Solicitor Dorsey, Gantt said that he worked in the office on the second floor and in the shipping department there. Mary Phagan worked in the rear of the second floor. Frank worked in the office near him, said Gantt. RETURNED TO FACTORY. "From April 7, when you was discharged, to April 26, had you been back to the factory?" "Yes, twice." "Did you see Frank?" "Yes, both times." "Did he offer any objection to your presence?" "No." "What do you know about one girl getting the pay for another girl with Frank's knowledge and consent?" Attorney Rosser objected to this question as irrelevant, but Solicitor Dorsey declared he later would show its relevancy, and was allowed to proceed. "Mr. Frank had no objection to one girl getting the pay envelope for another if I knew the parties." "Were you in the habit of helping Mary?" "No." "Explain everything in connection with the alleged shortage." "One Saturday after we had gotten the money for the payroll and it had been checked up and found to be correct, and after it had been put in the envelopes and distributed, one of the men came back and said he was more than $2 short. I didn't know anything about it, and told him to see Frank. After he had talked with Frank, Frank came out and asked me if I knew anything about it. I said I didn't. Then Frank said he was not going to make it good. I said neither was I. A little bit later he called me in and discharged me." TIME CLOCK AGAIN. "Do you know anything about the time clock?" "Yes." "How long would it take a man to make punches for twelve hours?" "About five minutes." Solicitor Dorsey asked Gantt if he had known of Newt Lee failing to make a complete register of the time clock. Attorney Rosser objected, and Judge Roan sustained the objection. The solicitor asked Gantt who took his place in the pencil factory. Gantt replied that he didn't know. Solicitor Dorsey asked if previous to Gantt's discharge, Frank had said anything about Gantt's work. "He said he had the best office force that he ever had." "Was it possible for Frank to sit at his desk and see the register clock?" It was possible, said Gantt, if the safe door was closed. Solicitor Dorsey asked if Frank frequently fixed the tape in the clock. "Not while I was there," said Gantt. He was questioned about the evening of April 26, when he met Frank came down the stairs. He first saw Frank just after he left the stairway and was walking toward the front door. Frank, he said, looked up and saw him through the door glass and then recoiled and hesitated, as if in doubt; and then came out. As he came up the little depression in the sidewalk toward street level, he jumped back a step. Frank was nervous and pale, said Gantt. He hung his head, hesitated and stuttered, said the witness. ON CROSS EXAMINATION. On cross-examination, Attorney Rosser questioned Gantt upon his testimony before the coroner's jury, reading a portion of it in which was included this question supposed to have been asked of him by the coroner: "Did Frank know Mary Phagan?" And the reply to it on the transcript was, "I suppose so. She was right there in the factory all the time." Mr. Rosser asked him about that. Gantt admitted that the record was correct as far as it went. Both sides told Gantt to step down. Attorney Rosser arose. "Your honor," said he, "we have an insurance policy here for one of the jurors to sign." The lawyers for both sides examined it and turned it over to Deputy Sheriff Minor for the juror, Monroe S. fl Woodward, to sign. It was a life insurance policy. Court adjourned at 4:40 o'clock. Frank was taken out ahead of the jury and whisked back to the county jail in an automobile. The jury followed. --- Girl at Frank Trial Thought Ozonaters Were "Dictagraphs" She had never seen a murder trial before, and when the young lawyer took her into the court room where Leo M. Frank is on trial for his life, she was, of course, very excited. He showed her the defendant, the two women beside him; the judge presiding over all; the solicitor; the attorneys for the defense; the witness stammering on the stand beneath a gruelling cross-fire of questions. Then her gaze wandered. She took in the audience and the fittings of the room. She didn't know much about the real status of the case and wasn't very much interested in the testimony. Not until her eyes fell on the ozonaters humming on each side of the court room did her face brighten. She grasped her escort's arm. "There," she whispered excitedly, "I know what thos buzzy things are, anyway. They're the dictagraphs."