davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1915-02-21

say that, because I didn't know OF her.
nor never knew her until yesterday.
q. Never heard OF her until yester-
day? A. Well, was reminded yester-
day-not the name: l didn't remember
the name, but l was reminded yester-
day that she worked at the factory
and ] was shown her this morning, and
l remembered her face.
c. SO you are not acquainted with II
at all--her general character? A. No,
sir.
q. Now. so far as you are concerned.
you don't know whether Frank excused
the watchman on Saturday afternoons
and put Conley on to watch for him?
A. I wasn't there; l couldn't tell what
happened.
u. Didn't know about Coniey being
there Saturday afternoon and watching.
did you? A. No, sir, not by my instruc-
tions. he wasn't.
q. Not BY your Instructions, but you
don't pretend to say those things were
! not done, do you? a. l wasn't there
and ] cannot say about that.
q. Now, around where Conley says ne
found the body on the second floor back
In there isn't there great deal OF
/ water? It's quite damp. ism, 1t? A.
! Well. yes, sir.
Q. Kinder sandy stuff and wet and
all that? A. No, sir, it isn't sandy; It's
| mostly cement. It's hard.
Further examination BY Mr.. Arnold.
Q. Now, Mr. Dorsey asked you
The Washington times., 1915-02-21

whether there was any water at this
place where this negro Conley claims
he saw this girls body: Il there any
water there at an A. never noticed
any on this side Of the partition, but on
that whole noor. from the little rise
In the foor back through the metal de-
partment, why, there's water there.
=. But was there any water right
where II WAS said the girls body was!
A. I didn't see any there.
Q. Did you see any blood there,
either? a. No. sir.
Q. And Monday did you look over
that place. and on Tuesday? A. I sup
pose we looked every day-had some-
body to do It.
O. Had there been any water there?
a. never noticed any.
Q. Never have washed that floor since
you have been there? A. Not that
know Of.
.. Is there any water under this ma.
chine where Barrett. claims he discov-
cred the hair? A. never noticed any
there
O. Has that ever been cleaned? A.
No, sir.
@. DID you ever see any blood therey
A. l did not
Q. You have looked under It, haven't
you? Yes, sir.
Q. Mr. Dorsey said you found CORDS
where Conley said this body was.
There were also cords down in the
basement, too? 4 Cords all over the
! factory.
The Washington times., 1915-02-21
No Blood Where Conley Said Body Lay
Says Darley---Denies Other
Testimony of Negro.

Q. Did you see this place where this
negro Conley said he went back and
found the body there on the second
floor? A. l was told by somebody
else------.
@. Well, you know where that place
is? A. Yes. sir: where l was told by
some OF them.
.. Do you know that machine
what did they call that machine that
Barrett claimed he found the hair on !:
A. They call IL lathe.
Q. Did you ever see any blood under
that machine" A. No, sir.
q. Have YOU looked over that floor
since this murder? A. 7 suppose nifty
or a hundred times with various peo-
pie that came in there.
=. Did you ever see any blood {
the place where that negro claims the
little girls body was lying? \. No,
sir.
y. You have seen that place many
times? A. Oh, yes, sir.
G. How many times did YOU look
over 1t? A. | must have looked over
it fifty or Il hundred times; then |
passed there otherwise, too.
The Washington times., 1915-02-21
Testifies He Saw
Frank in Street Car.
Direct examination bv

Direct examination by Mr.. Arnold.
O. What is your name? A. H. J.
Hinchey.
Q. Do you know Leo NJ. Frank? A. I
do; yes. sir.
G. How long have you known him ?
a. Between four and five years
O. What Is your business? A. I am a
mechanical engineer for the South At
lantic Blowpipe Company.
Q. DO you recollect last Memorial
Day, April 26 Confederate Memoria
Day.? A. Yes. sir.
O. Did you see Mr. Frank that day
A. Yes. cir.
Q. Where did you see him: A. saw
him just about opposite the main en-
trance Of the Capitol. on Washingtor
street
9. Were you or not in a car? A.
was in an automobile.
Q. Where was Mr.. Frank? A. He
was In a street car.
Q. In Washington street car? A
Yes. slr-I couldn't say positively -t:lat II
was Washington street car
Q. 1t came up from down Washington
street. coming into the city? A. Yes
sir,
Q. You recall that you saw him? A.
Yes, sir.
~. "hat time was it! A. Between
and 21b o'clock I could not ge,
through the crowds IN the centre of tine
town and I drove out to West Mitchell
turned down West Mitchell to the Capi.
tol. and then turned into Washington
street and drove up in front OF the
Capitol. turned quick there, and
came very near having a collision. and
as drove around in front OF the Capitol
this car came up. l stood there with
my auto a few minutes gazing around
at the crowd, and I tried to work up a
little further. As | did so looked a,
this car passing me. and. as looked
up. saw Frank sitting in the front end
Of tho car.
Q. How do you remember seeing him
A. The following morning. when
picked up the paper and read about the
| murder at the pencil factory naturally
thought about Mr.. Frank. because ]
knew him.
The Washington times., 1915-02-21

=. Now, out OF the hundreds II
;.vople that ride on your car day aftnr
day, and especially Saturday And Sum
day, will you give this Jury one rea-
son why you are able positively TO
swear that Mary didn't get of At
Broad and Marietta streets-what
fixes that" A can give you one
good roesorl.
-. Well, let US have It, A. Well.
when ] was sitting down there In the
ar there was a street car conductor
s..ins down behind mean ex-con-
ductor and this ex-conductor had a
little badge on his coat right there
,.ndicatinO. and took 1t and looked
al it and 1t had little girls pic
ture. and l reached over TO where
Mary was and says: Little girl,
here is your picture" and she says:
No II is not"
O. You said: Little girlo 4.
That's what l called her and she says:
No. II 10 not"
O. Weren't you talking to the other
2irl with her? A. No, sir, never
said word to her.
- Who was the other girl? A. I
tont know, sir, who she was.
=. You never have seen that other
.!rl since: A. Not since then.
G. But you have looked for her and
The Washington times., 1915-02-21
Witness Tells of
Negro Watchman.

q. 1t was testified by Mr.. Dalton that
| darkey, the watchman, was there In
September of'last year: do you remem-
, Der who the night watchman was then
| A. Yes. sir; he was either Mr.. Kendrick
or his father. They are white men.
! .. Was there a negro night watchman
there in the fall Of last year? A. No.
| sir.
| Q. Or in the summer Of last year: A.
| No. sir.
9, When did you first hire a negro
| night watc.,man? A. About three weeks
@ Before the little girl was killed.
| A Yes. sir.
! Q. And up to that time II any one
says they came in contact with a colored
| night watchman in the building, was
that or not an error? A. There was
none employed by me- no, sir.
@. Was there or not a colored night
watchman there UP to April. 1919: A.
Not in the two years have been there:
G. Was there anybody else that
stayed there with MIR. Holloway. the
day watchman. on Saturdays. after
lhours-after the factory closed? 4.
Usually the Office boy stayed there. and
my recollection Is. sometimes the Ste
nographer. Then there was Walter
Pride. negro He gets a stipulated
amount each week and stays there
every Saturday afternoon. supposed to.
@. Did you see this negro. Conley.
there Monday after the crime: A. Yes.
sir.
Q. What was his appearance? A.
Well, ne looked to me like be was ex-
cited and when ! spoke to him, he didn't
look up like he generally does.
@. Well did he or not by his action:
attract your attention? A. I went
around that morning to look at every
body in the factory. don't think ]
missed a man. seeing II could pick
cut man that looked suspicious.
Q. Yes? a. And Jim Conley was the
man that ! thought so much OF it un
Ill | went to my watchman and told
him. says Keep an eye on thai
darkey I believe he's connected will
this crime in some way"
Q. Did you ever give this negro. jim
Conley, in common with other sweep.
ers, any orders as to what should be
done on Saturdays in reference to wher
they should finish sweeping? A. Well
some time the latter part Of last yeal
they got to loafng on the job. ] would
leave them to do two or three hours
work and they would kill al! the after
noon. ] don't remember the time, bu-
stopped them from cleaning after I.
O'Clock on SATURDAYS.
! -. What directions did YOU give
them? A. That they must clean up b!
- o'clock, and, II they hadn't finished
/ by Il. 10 knock off anyway.
@. D'd YOU permit any OF these negro
, sweepers TO stay there after u? 4
They didn't ] left there at II o'clock
and il they were there didn't know II
. no. sir.
The Washington times., 1915-02-21

tried 20 find her: A. No, sir, l wasn't
looking for her.
Q. Don't you know that those other
men on that car and everybody else
have been looking for the girl that was
on the car that day with Mary? \. II
had seen her-if had seen a Cir
that looked like that. would have
asked her II she was the one, sure.
The identity Of the girl who rode
I with Mary on the day of the mur-
der--if Motorman Matthews was
correct in his statement that a
sirl did ride with Mary-never
was learned. w. r. Hollis, con-
ductor OF the car on which Mat
thews was motorman, was sworn
next for the defense and testified
that he knew Mary Phagan by
sight that she had been on the
car frequently on her way to
work, that he saw her get on the
car the Saturday of the murder,
that Epps did not sit with her,
: as Epps earlier in the trial tcsti-
fed, and that he did not recall
Epps getting on the car at all He
left the car at Forsyth and Mar
. eta streets, he said and SAW
neither Mary Phagan nor the
Epps boy get on there. although
Epps said that he and Mary left
The Washington times., 1915-02-21
Direct examination by Mr.. Arnold.

Direct examination by Mr. Arnold.
9. Mr.. barley, believe you stated
when you were on the stand before
that you were general manager OF
this factory? A. l have the manage
ment Of the factory proper: yes. sir.
.. suppose the safe door is open in
the outer office on the second floor,
what view have you into the inner
offics-Mr. Franks office--from the
outside? A. You have practically
none. You might stand on your tip
toes and look over the door of the
safe. A man Of my height could just
tiptoe and look over it.
.. Have you ever seen this little
Slower child. a. Yes. sir.
.. Could she see over it? ! don't
think she could.
Q. Could she see over il BY standing
on her tiptoes? 4. think not.
AS the reader readily sees, the
endeaVor of the defense here Is
to establish the probability that
Frank actually was at his desk
in the inner room when Mon
teen StoVer came to the outer
Office. but was obscured from
the little girls view by the safe
door, which swung in front Of
the doorway between the two
offices. The prosecution con-
tended that I'll" reason the stu
NCr girl did not see him VAS
h""sus" Sh" entered the factory
iust after Frank had left his
Office to lure Mary Phagan to
the metal ROOM
The Washington times., 1915-02-21

the car at this point and that
Mary walked down Forsyth to-
ward the pencil factory. Mary
stayed on the car. Hollis thought.
On cross-examination he denied
his car ever came Into town two
or three minutes ahead Of time.
The rules were strict against this
practice, he said. He admitted
later there might be an exception
to this on the last run at night
but never in the middle Of the
day. at the time the Phagan girl
was aboard the car.
Ira Kaufman, civil engineer.
next testified to making plat
Of the Frank residence, and gave
Il as his opinion. from his inspec-
tion Of the house and from expert
ments, that Albert Mcknight, a
negro called by the state. would
have found II impossible. sitting
in the kitchen. to have looked into
the mirror in the dining room
and seen Frank go to the side
board. Mcknight had testified
that he was In the kitchen Of the
Frank home. and. through a mir
ror. saw Frank enter the dining
room at about 1.30 o'clock the day
of the crime; saw him 60 to the
sideboard and saw him leave with
in Ave or ten minutes without
eating any luncheon. Mr.. Kauff
man sad It was impossible to see
any nearer than three or four feet
to the sideboard.
The witness also made drawings
Of the pencil factory. and found
that when the safe door in the
outer office was open It virtually
shut Off the view Of the inner Of
fee. where Frank STAYED. support
ing the contention Of the defense
that Frank might have been N his
office when Monteen Slower said
she did not find him.
]. Q. Adams, photogra pher,
was called, and submitted photo
graphs OF the house and pencil
factory for the purpose of dem
I onstrating the same physical cir.
| cumstances,
The Washington times., 1915-02-21
Swears He Saw
Frank Only Once.
Cross-erd Mutation BY Mr.. Hooper.

Cross-erd ntndttoh by Mr.. Hooper.
Q. How many times did you see Mr.
Frank on the street car? A. saw him
only one time. That was Just for the
moment, because was too much occu-
pied in trying to get out of the way Of
the cars and other vehicles
Q. The crowd was very thick there?
A. Yes, sir.
@. He was on the inside OF the street
car and you were manipulating your
automobile and had all you could do to
keep from running into the car? A.
l claim to be an expert automobile
driver.
Q. There was nothing to make you
pay attention to him? A. Nothing
Q. mean several days afterward
A. had had business dealings with
him some time previous to this. and I
had figured on some special work which
came into my mind the moment I saw
him. was intending to call at the
factory to see something further in re-
gard to this work, and it came to my
The Washington times., 1915-02-21

mind the instant 7 saw him that had
neglected to do so.
.. Right there In that jam It came 10
you? a. The street car was the only
thing between me and Mr.. Frank
Q. You didn't see anybody else? A.
Yes. sir saw lots Of people.
Q. Who else? A. l didn't see any.
body else that I recognized.
Q. Nobody attracted your attention
except him? 4. Not especially.
Q. How many times have you been
been there but one time.
.. How many times in the city
prison? A. None at ALI have seen
him but once since this matter came up
Q. You discussed this matter with
him at the time? A. No. sir not in de-
tail. I expressed my sympathy and
told him o! the fact had seen him,
Q. You did discuss what your testi.
mony would be? 4. did not discuss
what my testimony would be. simply
told him that on April 20 I had seer
him in a street car in front OF the Cap
itol building.
@. Did he see you at the same time:
A. No, sir. ! asked him If he saw me
and he said he did not.
Mr.. Hinchey's testimony faly
Albert Mcknight who said a short
time earlier in the trial that he
saw Frank leave his home shortly
after 80 the day of the murder
and board a Georgia avenue car
at Pulliam street and Georgia ave-
nue. for town. To board the Wash
ington avenue car. Frank had to
60 in the opposite direction from
his home The chief value OF the
Hinchey testimony was to aid in
generally discrediting Mcknight,
whose statement that Frank that
afternoon came home and left
within five or ten minutes, with
out eating anything. was regarded
/ by the prosecution as the revela-
tion OF another suspicious circum-
stance against the defendant. n.
; v. Darley. general manager of
the factory, was recalled to tes-
tify for the defense at the con-
clusion OF Mr.. Hincheys test-
mony.
The Washington times., 1915-02-21
Prisoners Mother
Screams at Dorsey.

"No. nor you. either" Mrs. Rae
Frank. mother OF the prisoner.
screamed at the solicitor as she
leaped from her chair to con-
front him. Her, next words in
denunciat!oa OF Dorsey were
lost in the turmoil that broke
out in the court room. She was
led in a hysterical condition
from her chair by the side Of
her son and did not return TO
court the remainder Of the
afternoon. The witness told the
solicitor he never had heard OF
such a thing.
@. You never talked to Tom Black
stock. theno A. haven't the pleasure
of Mr. BlacNstock's acquaintance.
@. Did you ever know Mrs. L. D.
CourseyH A. | can't say that / ever
heard of her
O. Did YOU ever hear about him
putting his arm around Miss Myrtice
Cato in his private Office: A. No.
sir.
.. putting his arms around her and
irving to shut the door on her? A.
No, sir.
O. Did you ever hear OF the time
one little girl threw monkey
wrench at him and left his oftice? 4.
NO, sir.
O. Did you eve" hear them say that
he paid especial attention to the
young girls and winked and smiled
AT them; did you ever hear that? A.
No. never did.
@. You. never heard any Of those
factory people talk about him at all:
4. No, sir.
The following argument took
place the next morning in the
absence OF the jury:
MIR, Dorsey--lf Your Honor please.
before the jury comes In, | want to
.tate ihst appreciate the feelings
Of the molner and wife of this de-
fendaut,
There is good dca OF cvtdenr',
however, that viii be ohJrctionabt
seua sasy standpoint, and ! think
The Washington times., 1915-02-21
Counsel Plea Wins
for Franks Mother.

rave we got to such point in any
prosecution or persecution - that a
mans wife and mother can't sit will,
MIN In court? Now. promise Your
Honor that there will be no more out
breaks in court. so far as we can con-
tro! 1t. Mr.. Franks wife has sat hero
IN silence and has not said a word
She has stood all this, and proposes to
continue to Go so. and so does his
mother. She did get excited and hys.
terlcal here yesterday. but I think my
friends conduct was a little more cul-
pable and l say it in all kindness. A
man is not justified in doing anything
simply because he is for the prosecu-
tlon, Your Honor. He has tried to in
oect taat little poison in there. It looks
like. to infiame the jury. to inf1ame the
crowd questions to drive - 49,
mother to distraction. -
Judge Roam ruled that ~ Wife
and mother might remain unless
there was another outbreak.
! Emil Selig and Mrs. Se!is,
parents Of Mrs. Leo Frank, testi-
! fed that Frank came home at
about 1.20 o'clock the afternoon
the girl was killed. This contra
dicted the story Of Conley. who
y mad sworn that when he left the
1 factory at 1.30 Frank was still
there. Franks parents-in.law
said they noticed nothing unusual
about Frank either on the day Of
, the crime or the day fol.oWing.
Both said he sat down and ate.
This contrad!cted the story of the
negro Mcknight, who said that
Frank ate nothing, but hurried
| back to town. That night, they
SAID. he was laughing over some-
thing he read in the newspaper,
and showed no traces Of anxiety
Il or fear. Mrs. Selig denied all the
j damaging statements In Minola
i Mcknight's affidavit for the no
L lice
4 DR.. William Owens recited the
Il details OF an interesting expert.
II ment he and others made to de.
II termine the length OF time It
| would require to enact that part
II OF the murder tragedy included
Il In Conley's description Of the dis.
IL posal OF the body
The Washington times., 1915-02-21
Stopped with Frank
To Get a Soda.

@. Did you and Mr. Frank stop any
where-get drink OF soda2 A. We
stopped at Cruikshank's, at Hunter
and Forsyth streets. and got a drink
OF soda.
Q. On the way down did you see this
negro? A. No, sir.
.. Did you see Mr.. Frank talk to
him or speak to him or come in con-
tact with him in any way? A. No. sir
q. Was that the last you We're at
the factory on that day? A. Yes. sir.
Q. Now. you say you have been at
the factory-how long" A. have been
there two years since-weil two years
April I. this last April.
Q. Now, ! direct your attention to a
period beginning with June Of last year
and running on up through April and,
first, I'm going to ask YOU II you
knew a girl by the name Of Daisy Hop
kins? A. No, sir, didn't know her.
, q. Did You know of girl by that
name working there" \. When | was
shown her this morning | remembered
her face, but ! didn't remember her
name
.. But YOU knew she had been one
of the girls working there" A. Yes, sir,
Q. Had YOU ever seen this man Dal-
! ton that's been to court here? a. No.
! sir, not to my knowledge: ] never saw
him untu this morning.
.. Did you ever see him at the fac
! tory that you recollect? A. No, SIR.
. Herbert Schift generally helped
Frank with this financial sheet on Sat
urdays. didn't he? A. When he was
there, yes, ei".
.. Except when Schiff was on his va,
cation, was .Ie or not there? 4. l remem
ber very few Saturdays that Mr.. Schif
was not in the Office with Mr.. Frank.
have gone there a few times and ht
wouldn't he there
.. DO YOU remember whether or MOI
they We're his vacation Saturdays? A
Well, that's not clear
q. Was that within the whole two
years You are talking about? A. Yes
sir.
.. Now. VOW long did ths day watch
| man stay there IN Saturdays? \. Well
! wasn't always there to see how lcnt
The Washington times., 1915-02-21
Defense Protests
Line of Inquiry.

Mr. Arnold think this Is an out
rageous course of investigation. In the
first place, this investigation Is confined
to facts up to April 26 We are not
responsible for the vile lies and ISLANDERS
that have been circulated by crack
Drained extremists in this community
since that date. We want to try tni.
mans character as it was known at
that date. That Us the test Of law.
Now. how can it throw any light on the
question for my friend Dorsey. who
knows the witness will answer he has
heard OF no such thing, to inject such
matter in here:
The Court--On cross-exanination, he
can ask him II he has heard Of certain
things, not since that time, but before
that
Mr.. Arnold-Cp to April 2S"
The Court-Yes. Sir
Mr.. Dorsey-I am not four-fushing OF
any such thing. I am going to brins
the witnesses here.
Mr.. Arnold-If he makes another
statement like that I am going 10 move
for a mistrial; they are all ISLANDERS and
lies here.
Mr.. Dorsey tresuming cross-examina.
tion)-You never heard Of Mr.. Frank
going out there 10 Druid Hills and be.
ing caught. did you. before April 2S;
A. No. but our reporter. II was his bust.
ness to find out and II he had found |;
out he certainly would not have issued
such policy.
Q. Now. about twelve months ago
you never heard Of Mr.. Franks kissing
girls and---o
The Washington times., 1915-02-21
Issue ''Beclouded," "
Declares Arnold,

Mr.. Arnold must say that my
lrlenos cross-examination Of this wit
ness neutrality-suspicious. criticisinR him
was wholly unwarranted and It was
worse on his part. much worse, than
the outbreak OF this lady. Now, my
friend had no reason to expect that this
nran Jones knew anything about these
things at all
In fact 7 may say that he knew he
did not. and he vas merely undertake
ing to get before the Jury in an illegal
way al eyed specific acts which ne knew
he could not get before the Jury in a
egaI way. That Is all he was trying to
do. Your Honor would have ruled out
nc testimony OF each one Of these
witnesses II they hai undertaken to
swear to that. as being inadmss lble.
lf he had put up thos. various people
ne could not have proved these alleged
things he claims they would swear TO
What he was trying to do was to ap-
pea to the jury by making suggestions
or specific acts that he could not prove
by the witnesses: that is palpable.
Does Your Honor call that GOOD
practice? Does Your Honor call that
h!gh-c'ass practice? Does Your Honor
call that the kind OF practice that
ought to exist when a man Ia on trial
for his l!fe by tho State OF Georgia :?
iour Honor can see that the iesue in
. this case has become beclouded by a
Thousand things that never should have
peen brought into the case. Your Honor
can see now difficult 1t Is. in the Ian
| guage OF Mr.. wh!gmore, to try th,.
, man for the crime he Is indicted for.
NOW, l submit that SO far as any out
break Is concerned. my friends con.
duct knowing that these things are IN
admissible. is undertaking to poison the
minds OF the jury by sugge.tng these
! things through a witness he had no
grounds to believe had heard OF them
t was almost enough to make any
The Washington times., 1915-02-21
Asks if Witness
Gave to Frank Fund.

Cross examination BY solicitor Dorsey
-. Have YOU made any contribution
TO the fund for the defense OF Frank:
\. Have |"
q Yes. y. No, 81
- DO YOU know are YOU acquainted
with the general equation and char
acter OF Daisy Hopkins what people
say about ass SsasSAIS; - 1 sAAt