The Birmingham age-herald., 1913-08-03
HEAD LINE IN PAPER
CAUSES SENSATION
IN TRIAL OF FRANK
Attorney for Defendant
Claims Jury Saw News
paper Story of Trial.
COnley Testifies


Atlanta, August 2.-"Adding Links to
the Chain of the State
This headline was spread over local
newspaper and threatened for time to-
.eeedings against Leo M. Frank charged
with the murder of 14-year-old Mary
Phagan.
When the jury returned to the court
room after a recess during the examine
tion of DR. w j. Hurt, coroner's physi-
clan, Presiding Judge Roam was reading
the newspaper
The jury box is to the left of the court
and Judge Roam was holding the first
page of the paper in his left hand and
away from him.
Counsel for the defense and prosecution
Immediately conferred with the court aud
the jury was again sent from thesroep.
Ruther Rosser OF eounse1 for -eAas sdefense
declarea that every member OF the jaig
had seen the headline
He asserted also that he did not propose
to demand a mistrial at the present time,
but requested the judge to make a state
ment to the jury in regard TO the head-
lines.
Dorsey Objects
Solicitor Dorsey objected to the PROPOSE
ton, and declared that the paper mad
been guilty OF contempt OF court.
When the jury was recalled Judge Roam
made a short statement but did not en-
deavor to ascertain II any member of that
body was wanting information additional
Women spectators today were permitted
Frank, charged with the murder of IL
year-old Mary Phagan
AS result of Yesterdays unusual tes-
timony, during which DR.. H. f. Harris
collapsed, the number of women elamor-
ing for admttance was the largest since
the trial started.
When the court room doors were thrown
open fully 80 women were present. The
court deputies restrained all men spec
tators from entering until every woman in
the crowd had been admitted and were
seated.
Interest in the proceedings was en-
HANGED by the belief that James Conley,
the negro who is expected to be the state s
star witness, would be placed on the
stand.
Much of the testimony of DR.. Harris IN
regard to the death of Mary Phagan was
eorroborated by DR.. J. w. Hurt the cor
oners physician.
He was preceded ON the witness stand
by r. l.. Waggoner, a city detective, who
was present when Frank was arrested at
the pencil factory. where the Phagan
girls body was found.
Frank Was Nervous
He testified that Frank was very ner-
vous and trembled during the ride from
the factory to the police station.
Helen Ferguson a girl employe at the
factory also testified during the session
She told of trying to get the Phagan
girls wages on the Friday before the girl
disappeared, and testuied that she was
told Mary Phagan would have to call in
person to obtain the money
Judge Roam made short statement
warning the jurors against anything they
might hear by newsboys crying their
wares. Deliberation was then resumed
Part of the testimony given by DR.. Har-
ris in regard 10 the death of Mary
Phagan was corroborated by the second
medical expert, but differed on medical
details Dr.. Harris testified yesterday
that he was convinced that Mary Phagan
had been criminally assaulted. DR. Hurt
today testified he had not found sufficient
evidence to warrant statement of this
kind
Several minor witnesses, including Chies
of Police Beavers, were called at the con-
clusion of DR.. Hurts testimony.
No important facts We're revealed and
court was adjourned until Monday before
noon.