davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1915-02-07
Helen Ferguson Swears Frank Refused
to Give Her Mary's Envelope
Dav Before Murder.

about the money? A. There were some
men in there: don't know who they
we're.
@. Was 1t some OF the Office force you
saw in there? A. Yes, sir.
Q. How often had you been in
Franks Once before that, Miss Helen:
A. We'll, about two times before. !
went In there and asked about some
money-they had made a mistake-just
about two times.
-. You had never seen little Mary
Phagan in there at all? a. No. sir.
@. Do YOU know whether Mr.. Frank
knew your name or not, Miss Helen?
A. No, sir. l don't think he did; he
knew my face.
q. You said when you had asked for
Marys money before you just asked
for your number and her number: A.
Yes, sir.
Q. Did you ,ask Mr.. Frank by num-
Der? A. didn't know her number
then: had done forgot It. She Just
would tell me--she would be in there
dressing or something like that-and
she would give me her number.
Q. How long had it been since you
had asked for 1t before? Alt had
been a good little bit
O. \ good time ago. and then you
asked for it by numbers? 4. Yes. sir.
G. Had you ever seen Mr.. Frank
speak to little Mary Phagan? A. No.
sir. ] believe not
The Washington times., 1915-02-07

Direct cara ninotion by Solicitor Dorsey.
y. Miss Ferguson. did YOU ever work
at the National Pencil Company? \.
worke ed there about two years.
q. Did YOU see Mr.. Frank on Friday.
April o5, the day before Mary Phagans
death. \. Yes, sir.
Q. What time did YOU see him? A..
About : O'clock.
q. What, If any, conversation oc-
CURED between you and Mr.. Frank? a.
asked him for Marys money.
.. What did he say" A. He said: u
can't let you have IT," and before ne
could say anything else, turned
around and walked out. He started to
say something else, but | just walked
on out.
.. Well. had you ever got Mary
Phagan's money before? A had got
ten It, but I didn't get 1t from Mr..
Frank.
Cross-cIauiitdtion by Mr.. Rosser.
.. Miss Helen. who was paying off
, that day? I don't remember now
who was paying off.
-. Well, when YOU got the money be-
fore did you ask the man who was
paying Off TO let you have it? a. Yes.
sir. | just walked up there and called
my number and called her number. and
got mine and hers.
9. Was there any one else IN tNre
when YOU went in TO see Mr. F-auk
The Washington times., 1915-02-07

would wiring his hands tais way undi-
cating).
.. Well. al that time was he or not
under arrest: \. He was under arrest
Cross-e1a,ninutionb by Mr.. Rosser.
G. He was on the seat with you TWO
fellows? \. Yes, sir.
q. And you had him under arrest
carrying him to the station house: A.
Yes, sir
9. And he started to trembling as
soon as you all got him, you thought!
\. Yes, sir.
Q. Then YOU stood across the street
and looked up? A. Yes. sir.
q. How far were you from him" A.
Less than fifty feet, suppose.
9. The street is fifty feet wide, ism
it? \. About fifty feet.
.. You don't know whether there
were other people there or not: \. i
could see other people ! didn't recos-
nize.
q. He was up there with some other
gentlemen in the office, and they. OF
course, We're much closer TO him than
you were? A. They were closer to him
than ! was.
Q. If he was talking they would
know 1t and you would not? A. ] didn't
see him talking.
Q. ! didn't ask you that. II he was
talking in that office they would know
it, they would know what he was do>
ing. wouldn't they? a. ! suppose SO.
The Washington times., 1915-02-07

S'enographers? y. No. sir; ! don't know
who worked there. / didn't know the
stenographers.
=. When did you go in there AGAIN.
IN the office where Mr.. Frank waso A
l. Went into Mr. Franks Office three or
louF l'hes. don't recall the dates I
was there, but it was before last Christ.
mus haven't been in his office this
year. '''s
-, no Introduced you to Mr. Frank
a. MISS Daisy Hopkins
- men was il you saw Conlev
You say you saw conley there?
- HeNefa! times on Saturdays. ! seen
Coh'eS ther" one time this year, but
Mr. FTank was not there
9. What was Jim doing whom ,.,,,
sa" MN there? A. He was sitting there
at the front door
2' ne door was open when YOU Went
in? y. Yes, sir. he opened the door
~ Ana lA' doog would be opened
when you came back: A. He would he
sittihs there and open it for me,
y: mere were YOU born, Mr.. Daltonc
y. don Know. siI. | was there. bur
don know where il was at.
- on know as d matter of fact in
the history Of Iur family whera yom ~,
We're born, don't YOU? A. was horn
somewhere not lay from LawrencevIlIe
Ga. 49,
.. When did you come to Atlantac
~ ABOUT ten years ago.
=. Where had YOU lived nm tn that
.,me' ., \, Gwinnett and Walton coun-
Q: And YOU nevc. lived elsewhere .
a. No. sir
The Washington times., 1915-02-07
w. F. Anderson Says Frank Twice
Failed to Answer Phone Morn
ing Body Was Found.

| wanted to get hold of Mr.. Frank.
Q. Who did you call then? \. Mr.
Haas and Mr.. Montag, ! think.
O. How long did it take YOU to get
them" y. | got them in few minutes.
9. Did you make any other effort to
get Frank? A. Yes, sir after | called
Mr.. Haas and Mr.. Montag, l says:
Give me Mr.. Franks again." and they
told me
Q. Well, what time was that? \.
reckon about o'clock. or little be-
fore 1.
.. With what success did YOU meet?
a. ] didn't get him Central rang
about the same length Of time as be-
fore, and says: Il can't get him at all"
.. State who were tn" first to so
down into the factory basement if YOU
were among the first. \. We al W
along together: / don't remember which
was the last one.
Tn" cInSS-CNh'uiuIt.o.N nN NJ.
l.osscr. which followed. Was much
along the same lin" a. that
Du. sued Ia tho 'dsr OF l..
$. nsbrA. wh9sa Sestimuly ~.
The Washington times., 1915-02-07
Time UnimpOrtant.

Tie testimony Of DR.. Harris.
while most interesting as an eX-
ample of attempting to set al
most the precise minute of the
girls death by gauging the de-
gree to which digestion in her
stomach had proceeded. really is
Of very little moment in deciding
the murderer of the little girl.
since, whether his estimate is all
right or all wrong, IL offers moth
ing to show that Conley did not
do the Staying. In fact, it shows.
if it shows anything. that Con
ley was in the factory at the time
OF the murder.
The most important part OF
Harris's testimony. il may be
pardoucd tn. paradox, is that
whic', he did not sive-the tcsti-
mony on the strands Of hair found
on the lathe handle on the second
floor Of the pencil factory. lie
had examined them scientifically
and had decided they were not
strands from Mary Phagan's hair.
He SO informed Solicitor Dorsey.
Dorsey told him to keep his mouth
shut. Dorsey was relying on the
hair as a physical evidence that
the murder was committed on the
second floor. 1t would not do to
let the jury know that the hair
was not Mary Phagan's.
So Harris went on the stand and
produced scientific reasons by the
score as to why this was SO and
that was not SO, but he never once
mentioned the hair. even when
he was asked by the lawyers for
the defense exactly what his eX>
animation had included.
The Washington times., 1915-02-07
Saw Soft Drinks
In Franks Office.

, solicitor Dorsey. on Redirect
'Naillihation. obtained Dalton's
testimony that he would see soft
d INKS and beer when he went in
Frank = office on Saturday after
moons, and that he never saw any
of tlc young women doing ana
steHOS!dphlC work. On ve-cross.
he admitted he could not dcscribe
an. of tn" women there. h, was
too bus!ly engaged looking at the
one with him, who he said, was
"aS pretty as a pink"
Chief of Police james l.. Besy-
ers testified that he visited the
factory Monday morning and saw
the dark spot on the second floor
near tn" dressing room. which he
thUtGlt had been made by blood.
II" admitted uH "ruSs uSs-"Namlnation
that H. had D." 'm,aus "f reIlinc
~ wa m"ub rNcrpl 10y It's ap-
p'ulaur"
Ii. VI. Lass.te.. policeman Oh
the beaI paS the pencil factory.
The Washington times., 1915-02-07

indentations were most pronounced.
The girrs throat was rather fat and |
think beyond any question she came
to her death from strangulation-from
this cord being wound around her neck.
Q. Why. DOCTOR. do you say that
fist or some soft instrument caused this
bruise around her eye? A. Well, FOR
the reason that IL didn't quito show the
degree OF confusion that would have
been produced by n hard instrument
The skin wasn't at all broken. II the
instrument had been real hard one. II
likely would have broken the outside
cuticle some. and this cuticle wasn't
broken.
q. Can you or not state that the In
jury to the eye and scalp were Or not
made before death? A. Oh, they were
: unquestionably made before death, the
eye and the scalp both.
Q. Doctor. did you or not make IAN
| examination OF the contents OF Mar
Phagans stomach? A. did. There
was about leo cubic centimeters Of
mixture Of cabbage and wheaton bread.
=. How far had this progressed to-
ward digestion. A. Very slightly.
Q. Then. doctor, how long would you
say this cabbage had been In the stom.
ach OF Mary Phagan before she met
death" A. Well. IFS impossible for me
to say absolutely about that. but feel
confident that she either was killed Or
received the blow-the blow. perhaps.
! on the back OF the head--say, within
half an hour or three quarters of an
hour after she finished her meal.
! DR.. Harris went on to describe
! series Of experiments he had
! made on living persons TO deter
mine the time II required Tor the
digestion Of cabbage and the time
! that had elapsed when the cab
was In the state Of that found In
| the stomach Of Mary Phagan. He
also testified that she was vic
tim Of criminal violence. other
than that already described. be-
fore she was strangled to death.
| DR.. Harris. who had been i'll for
! severaI days, was unable to con-
| unue and was excused for the re.
ma!nder OF the day. In order to
/ keep his story together, his test,-
! money IL continued from this
| point.
The Washington times., 1915-02-07

told the court of finding the girls
parasol in the bottom of the e!e
vator shaft. BY the side of the
parasol, he said, was ball OF
twine.
L. Q. Grice, u stenographer with
the Atlanta & West Point Rail
road, said that he visited the fac
tory the morning after the murder
and saw Frank there with the
tectives and noticed that Frank
was shaking and nervous.
Sergeant L. S. Dobbs was re-
called to identify the handkerchief
of Mary Phagan, which he had
found on the sawdust pile a few
feet from the little girl. Conley
The Washington times., 1915-02-07
Stayed There Five
Or Ten Minutes.

@ How long did yon stay there z
A. l stayed there Ave or ten minutes
while he was in there and looked In
that mirror at him.
q. He went to the side board. but
you couldn't see what he was doing
there? A. No, sir.
Q. Don't you know you can't see
into that room by looking into that
mirror? A. Yes, sir, you can see In
there.
@. You CANAL over the room?
A. Not all over 1t. exactly.
@. How big is that kitchen, Albert? ?
a. couldn't hardly make a guess
about how large that kitchen Is at
all.
@. No, you couldn't hardly tell.
Well, how large is the dining room?
A. / couldn't tell you.
Q. You couldn't tell me that, either.
What sort Of furniture is In the din.
Ing room? A. Well, ] couldn't tell
you anything about 1t, ] never was
In there in my life.
G. When did you first tell that Mr..
Frank didn't eat any dinner. just
about when? A. / know 1t was some
time in April.
@. When you did tell. whom did you
tell It 20? A. told Mr.. Craven. He
is boss over the plow department OF
the Beck & Gregg Hardware Company
where I work.
Q. Is that the day you-all had Min
ola down to the Jail; is that the time
you told him? A. No, sir.
.. 1t was before you had Minola
down to Jail? A. Well. I think I
told him before that. yes. ! told him
two or three days before they took
Minola to Jail.
Q. Which one of the detectives talked
to you about It? A. Mr.. Starnes and
Mr.. Campbell, and Mr.. Morse and Mr..
Martin.
The Washington times., 1915-02-07
Detective Burns's Comment

In the excitement following the
Mary phagan murder. It fire.
quently was said that If the po.
lice would find the writer Of the
notes discovered by her dead body
in the National Pencil factory
basement they would find the
slayer of the little girl. This was
the soundest piece of reasoning in
that whole period Of high public
feeling, aud had the city detec-
tives followed this. instead of be-
ing turned aside by the weird tale
Of Jim Conley, they would not
to-day have an innocent man In
the Fulton County Tower three
times sentenced to death for the
crime he did not commit.
While the testimony OF this
negro is being printed, I wish to
ask the reader to study these two
notes carefully. believe nearly
every one will agree that II Is
incompreh ensible that a talented
and educated white man, a grad
uate Of Cornell University. as
Leo NJ. Frank is. could have die
tated or inspired the notes. Both
Of them manifestly came solely
from Jim Conley's brain in the
negro's clumsy effort to give the
impression that the girl was writ
ing the notes after she had been
attacked. They purported to de-
scribe another negro as the girls
assailant. One note read:
IMAM that negro hire down here
did this - ne push me down
that hole a long tall negro black
that hoo 1t was long sleam tall
negro ."
The second note read:
'he said he wood love me 80
play like the night witch did II
but that long tall black negro did
boy (by) his slef'
The Washington times., 1915-02-07
Notes Not Dictated.

The reader will observe in re-
viewing the testimony that Con
ley, who, as a matter OF fact, had
a much better memory than he
appeared to have on the witness
stand. many times in answering a
question repeated word for word
the question as it was put to him.
Had Frank dictated these notes
Conley would have put down the
words that Frank told him. How
any jury. having in mind the cir
cumstances pictured by the negro
Conley, could believe that an edu-
Gated white man dictated the
notes is beyond my comprehcn-
sion.
| pointed out in my comment
last week that Conley's story on,
the stand was evolved from tho
four formal statements he made
to the police. each OF the last three
OF which contained additions to
the one previous, as well as i'm
portant alterations. where his first
stories could not be made to fit
the known circumstances. BY the
time the trial arrived, he had a
story which. while still fun of
glaring discrepancies, in ComparI-
son with the last Of his affidavits,
when he told the whole truth"
was enough. taken in conjunction
with the high public feeling. to
condemn Frank in the minds OF
the Jurors.
The testimony this week starts
with just such an instance. when
Conley, in his third and fourth
statements. made his accusation
against Frank and involved him
self as deeply as he ever did as
an accessory after the fact, che
quoted Frank as saying that h"
had picked up A girl back ther"
and let her fall and her head must
have hit something"
This did not quite suit him, and
possibly il did not suit the city
detectives and the solicitor. 1t
made it appear, assuming the
negros story was true, that the
death might have been acci-
dental after all. At any rate,
when the case came to trial We
hear Conley saying that Frank
told him he had made advances to
the girl. that she resisted him
and that he struck her and must
have struck her too hard
The Washington times., 1915-02-07

Direct examination BY Solicitor Dorsey.
c. About } o'clock Saturday night,
April -, where We're you? A. Police
Headquarters.
q. You were one of the officers who
went to the National Pencil Factory
the morning tine little girls body was
found? \. Yes, sir.
@. With reference to calling ahy one
over tho telephone. please state what
you did. \. ] called Mr.. Frank over
the telephone.
.. What time was it? \. About 3.@
in the morning, or something like that,
OF a quarter TO four
g. Did you get any answer? y. No.
sir.
9. Were YOU able TO hear anything
on the telephone, and, if so, what? a.
heard "A rafting.
-. What kind of rafting: \. | heard
u huzzinE like they do when they give
@uu a connection. YOU know.
-. How Ions did YOU continue I" Ca!I.
ur did Central continue 10 rnS' y.
About hvC minutes. I told Central thegt
was Etrl been killed al the factory and
The Washington times., 1915-02-07
BY WILLIAM J. BURNS.

seven pages, Conley almost inva-
riably used did" and likewise
wrote negro" These letters. had
COnley's vicious character not al
ready been known, would have
been sufficient to brand him as the
sort of a brute who would lie In
wait and attack white GIRL
His bestial instincts were further
inflamed on the day of the murder
by the liquor he admitted he had
been drinking.
A study Of the notes will show
that every phrase. every express
sion. is that Of the negro Conley.
Compare it with his testimony.
play like" Is one OF Conley's
favorite expressions. 1t never was
dictated or suggested by Frank.
That hoo 1t was" Is his typical
means OF reatfirming a statement.
Note the manner in which he
gives his descriptions. Describ-
ing In his testimony woman
he said visited Franks ONCE, he
told the court that she was "a
very tall, heavy built lady A
man was a little bitta chunky
man." Another woman was "a
nice looking lady, kinder slim"
One OF the men to whom ne refers
in his testimony was "a tall. slim
built. heavy man." or c. b. Dal-
ton, one Of the witnesses. he said:
He was a slim looking man, and
tall with It," Does not this go to
show whose language it was in
the murder notes that read: long,
sleam, tall black negro?
And scattered through his testi-
mony are scores Of peculiarities
OF expressions that correspond
with the diction in the murder
notes and show that the negro
was not even guided in his writ
ing of the notes. The notes were
his own conception. They were
written by his own hand and in
his own peculiar language. The
idea that Conley would have writ
ten notes in those words, at the
same time following the dictation
of Leo Frank. Is absurd and pre-
posterous.
The Washington times., 1915-02-07
tContinued from Preceding Pase.)

Q. In Mr.. Franks office? A. Yes. sir.
laying on Mr.. Franks desk.
y. DO you know what he did with It?
"A. Yes, sir, he taken It and put It In his
safe.
y. Put 1t in his safe? A. Yes. sir.
These latter questions and an
swers came as a complete surprise
to the defense. and nearly every
one in the courtroom, as Conley,
In all his statements made public
before the trial, had denied seeing
the girls mesh bag or knowing
wha. mad become OF II. The mesh
bag was never found.
q. Now, Jim, can YOU illustrate to the
Jury here, saying this was the place be-
hind which you put that body, can YOU
get down and illustrate to the jury Just
about how you left that body lying?
A. Yes. sir
q. Just lie down on the floor there,
like you left the girl, Mary Phagan.
a. left her lying there something ike
this here. (The witness lay down on the
moor, face obliquely downward and
partly on his left side, with his hands
down by his side)
=. You left her lying that way? A..
Yes, sir.
F"rther examination BY Mr.. Rosser.
". Jim. when did you first tell about
tn's mesh bag? A. disremembers now
when I frst told about it.
y. You disremembers everything |
nave asked you. A. W. sir. I have an
swered your question: as best can re-
member.
Q. You don't remember which one OF
the detectives you told about the mesh
oag? A. No, sir, but / remember told
, about It,
Q. You said this morning that Mr.
Frank promised If you were arrested.
no would give you money and send you
away? A. He said he would get me
out on bond and send me away
@. Why didn't you tell Black and
Scott that? A. / did tell Mr.. Black
The Washington times., 1915-02-07
Sheriff TeStifieS Frank Would Not Talk
to Conley Unless Lawyer
Was There.

q. What is your name? A. c. r.
Mangum.
.. What do you do? \. am Sheriff
of Fulton county.
.. Did you have any conversation
with Mr.. Frank about seeing Conley
and confronting him? a. Yes, ] did.
.. Where was Conley when that oc-
CURED? \. On the fourth floor. l be.
leve.
Q. State the conversation; what did
you say to Mr.. Frank" A. Chief Of
Detectives Lanford and Police Chief
Beavers and Mr.. Scott. with Conley.
came down there to see Mr.. Frank and
they asked me If they could see him.
@. Who asked? \. Chief Beavers
and I said: II will go and see and if
he is willing, it is all right" ] went
to Mr.. Frank and l says: Mr.. Frank.
Chief Beavers and Chief Lanford and
Scott, with Conley, want to talk with
The Washington times., 1915-02-07

you II you want to see them" and he
says: mo. my attorney Is not here:
I've got nobody to defend me-"
q. Nobody to do what? A. His law
yer was not there
Q. What did he say about nobody
there to defend him? \. That his law
Yer was not there
Q. Give his language A. That no
one was there to listen to what might
be said.
CrosS-crnnrindtion Jy Mr. Rosser.
-. Frank evidently knew them? A.
Yes. sir.
MI Dorsey: How do You know that
FRANK knew them \. He had been
down at the police station several davs.
q. DO you know that Of your own
Nno"iedSe: a. / know it from the re-
port there.
MI Dorsey objected to the Questions
or Mr.. Rosser and the answers and
moved that they be ruled out.
The Washington times., 1915-02-07

and Mr.. Scott that Mr.. Frank told me
to keep my mouth shut and II they
caught me he would get me out on
bond and get me away from here.
q. Didn't you testify yesterday you
never told them anything of that? A. !
don't remember that
y. Did YOU do It or not? A. don't
remember It; I'll tell you the truth.
q. Your memory Is bad again this
morning, isn't 1t? A. I don't know
about that.
Q. Mr.. Frank had mesh bag lying
on his table when you 'first went in
there? A. Yes, sir, when we came from
the basement.
O., He locked that up' A. He put 1t
@. He locked it. up? A. He shut the
door.
.. You told that to Black and Scott?
a. No. sir. I don't think I told them.
Q. That Is one of the things you
don't know who you told? a. I told 1t
to some one OF them.
Q. How large was this little girls
pocketbook? a. couldn't tell you, be-
cause 1t was doubled up
@. Give me your best estimate. A.
guess 1t was something about like that
0ndicatlng).
Q. About how wide? 4. | couldn't
tell because didn't pay that much at
tention to 1t after Mr.. Frank took It
in his hand and 1t was lying on his
desk.
Conley's examination concluded
at this point. He had been on the
stand from 9.+5 O'Clock Monday
morning, August 1, until 11.45.
Wednesday. August 9, much the
greater share of the time under
| the cross-examination of Attorney
| Rosscr. He was halted before he
left the room to permit Mrs. J. A.
White to look a him fQN the pur-
pose Of identifying him. II she was
! able. as the negro she saw sitting
at the foot of the stairs when she
! left the pencil factory about /
o'clock the afternoon of the mur-
lder.