davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1915-01-24

With the testimony of Miss Mon
teen Slower and Harry Scott, pre-
sented in to-day's installment of
the evidence on which Leo NJ. Frank
was convicted Of murder in Atlanta,
Ga. there enters into this remark
able case the time element, which
later will be seen to play a most
important part in the theorieaa both
of the prosecution and defense. The
reader, on this account, should get
clearly In mind the exact time OF
the movements Of the principal ac-
tors in this the greatest crime
tragedy the South has known.
4 Mary Phagan left her home in
the Atlanta suburbs at 1.45 the
forenoon of the day she met her
death in the National Pencil fac
tory. To this. her mother testified
in the installment of the evidence
published last Sunday. Her car, the
English avenue car. was due at
Marietta and Forsyth streets. about
three blocks from the factory, al
12.O7I.. From there 1t was a walk
Of approximately five minutes to the
pencil factory and up the stairs INTO
Franks ONCE. This would have
brought her into the presence OF
Ffank sitting at his desk not earlier
than 1912 O'Clock. providing she
walked at an ordinary brisk pace.
1t would have been later, OF course
IL she loitered. Street car men testi-
fed at the trial that they were not
allowed to bring their cars In aneao
OF time.
The Washington times., 1915-01-24
Showed Where Lee
Had Skipped Punches.

Q. When was this" \. shortly
after midnight on Wednesday.
April 80.
y, Did YOU hear any conversation
h"tween Frank and Lee with refer
"nce 10 the time clock punches back
at the factory? A. Mr.. Frank showed
IL" where h> SAID Lee had skipped
certain punches.
Q. Did he or not Monday afternoon
say anything about there being an
error in Lees punches that night
A. Monday afternoon? No. sir.
Q. DO YOU know when Frank was
taken into custody? \. About 11.3O
IN the forenoon, April 90.
.. Describe Franks appearance
and department when he was taken
INTO custody. A. His hands were
auivering very much. While he was
in the automobile coming down he
had absolutely nothing to say and
he was ve"y pale.
.. Did You see Frank at the jail
saturday, May 3. 1913? A. did.
.. Just tell what conversation YOU
had with him there. A. asked him
j.: he was inside his office every min
ute OF the time between II O'Clock
noon and l23o the day that Mary
vas killed, ana he stated yes.
N'o"S-S" '"'"ottuH ~ NJ. HOSSpr.
-. NJ. GIott. acting for Your client
ne NhtioHa! PcncI Company. YOU
p t'c nta statement of the conyersa.
ON .'ol had with Frank that Mon
- afternoon at tnc factory
%Iether detailed o. not, and vou
'!dn't say one word that he said
.loout CAN'T being familiar with this
poor little girl, Mary Phagau. did
YOU? A. IT was just an oversight,
that is all.
Q. Was II an oversight befo.e tn g
Coroner's inquest, too? Look at II ana
see If you said anything about that be
fore the Coroner's inquest. Your minu
was fresher then about a verbal con
Versation than il is now, wasn't II? A
Well, it was fresher then, but YOU will
understand the Coroner asked me GER
tain questions and | gave him answers
to the questions
q. You testified before the Coroner :
inquest and made statement about
that Lee and Frank interview, didn' t
YOU? A. Yes, sir.
G. Isn't ii true that YOU never sa Id
a word about him holding his hcau
down at that inquest? A. | don't know
about that
O. At the inquest sAs Asx lais quss.
The Washington times., 1915-01-24
Paid Girl OFF
In Private Office.

He said that he paid her off inside his
private Office. where he was at his desk
and when Mary left his ONCE and went
into the outer office leading Into the sec
ond floor hallway aud TUNED around 10
Mr.. Frank and asked If the metal mad
come yet, Mr.. Frank replied that he
didn't know, and that Mary Phagan
then. he thought. reached the stairway
and he heard voices, but he could not
distinguish whether they were two men
or two girls talking He thought that
about 1910 hr went up to the fourth
floor and asked White and penham
when they would finish up their work,
and they replied that they wouldn't fin
ish lIp for "A couple of hours. Mrs. White
Was up there at the time. and he i'll
formed Mrs. White that he was going
to lock up the factory. and that she had
better leave. Mrs. White preceded Mr.
Frank down the stairway and went on
out of the factory, as far Ar he knew
but on the way out Mrs. White made
the statement that she had seen q
negro on the street floor Of the building
behind some boxes. Mr.. Frank said that
at 10 he left the factory for home to
get luncheon, and arrived at the factory
again at 3 o'clock, went to work on
some financial work, and at about 1
o'clock Newt Lee, the night watchman.
had reported for work
Q. What time was it he said he left
tho factory? \. At 10 p. III. he told
me About o'clock In the afternoon
the negro night Waterman reported for
duty M Frank said he had asked
Newt to report at that time, but that
he allowed HIM to go out and have
good time Tor d coun!e -! hours and re-
port back at O'Clock. which Newt Lee
did. Mr.. Frank !eIt tho factory at COL
and on the outside Of the door he saw
the negro night Watchmdn talking to an
cN-timekeepeT Wao!n ME- fF..!h Hdd DIS
. charged, by the name of j. Vi. Can't
and CAN'T. while he was under the I'M
, preston he had been. discharged for
some discrepancy in his book, really
| had been discharged for th,evins. MI.
Frank stated that he arrived home at
about 625 and that he tried to get the
| night watchman on the phone at $50,
! but that he did not succeed until 7
O'Clock. and that he ASKED Newt Lee the
question If CAN'T had left the factory
! and if everything was all right TO
! which Newt Lee replied yes, Mr.. Frank
said he prepared a bath about o o'clock
and went to bed about $50.
! q. Mr. Scott, did you notice the man
ner of Mr. Frank in his office when he
! was talking to you: A. Yes, sir
- Give the jury in detail description
Of his manner and department.
y The witness first replied to this
{ question by saying that Frank
seemed to be quite perfectly
natural" but later, in response to
The Interrogation Of the Solicitor,
and over the angry objections Of
Attorneys Rosser and Arnold, for
\ Frank, recalled that Frank 'oc-
SAsie0'.S between words took
The Washington times., 1915-01-24
innocent Visit"

AZ | have often pointed out, the
furnishes u splendid example Illus
tratlng how the police, in framing
UP" force the facts 10 At their
theories. II illustrates perfectly how
the prosecution was able TO apply an
absolutely innocent visit to the pencil
factory and make il answer the pur-
pose OF an extremely important link
in the chain of evidence going to
esuietantiatc the police theory. AT
the same time. the Cross-eXanina-
ZION Of Mont"en Stover and the ap-
p,ication of the time element dis
proves the theory that she entered
the factory after Mary Phagan.
The prosecutor, however, in an ef-
fort to make the circumstances con-
form TO his theory. made the cars
Of the street car company run
ahead Of time by several minutes
and made the clock at the factory
several minutes slow. Tais was In
no place warranted by the evidence.
Although Montecn Slower was quite
positive that she arrived at the fac
tory at 12uJ and left at 12.1O, on
Cross-eAdm!nation YOU will find that
she was unable TO remember any
thing beyond that.
1t is a known fact that the safe
that stands in the Office Immediately
next the office of Frank obstruCts.
when its door is swung open, the
view OF the desk at which Frank
was accustomed to sit in the inner
office. wet Monteen Slower testified
that she did not go into Franks
office and could not remember If the
The Washington times., 1915-01-24
Detectives Work
Hand-in.Hand with Police.
Direct eramiuntio, h, 9

Direct examination BY Solicitor Dorsey.
@ Mr.. Rosser asked you about .driv-
ing down the road with the police" or
something like that. l will ask you
what you mean by following the police ?
A Well we go right hand in hand with
them and make every move they make
while we are working with them. They
know everything we do. and We, IN
turn, make notes of what they do
Q. If the facts go one way and the
police go another which way do YOU
go' \. We have ii right out there be-
tw.cr us.
@. We'll, explain to me jury, fully and
u detail what YOU mean by following
The Washington times., 1915-01-24
Not Sure Where He
Got CAN'T Statement.

9. Are you quite sure YOU got the
statement about CAN'T being familiar
with Mary Phagan from Frank and
not from Mr.. Danley? A. No I am
not sure.
@. Mr.. Scott. you say now that Mr.
Frank told you when the little girl
asked him II the metal had come
that ne said; Il don't know" A
Yes, sir.
Q. Now. isn't it true that in Your re-
port to me you said that Mr. Frank
said: NO. and in your testimony be-
fore the Coroner's jury didn't you say
Mr.. Frank said: mo" \. | don't think
| did. I have said practically all
Il don't know"
Q. Didn't YOU say: No? A. ] am
very positive now that that is what
said.
O. Didn't YOU report to me that he
said mo? A. l suppose so. If you say
so. guess.
O. Let me read what you said:
when she got near the door, she
turned around and said: Has the metal
come yet?' and Mr.. Frank replied
No" Well. now. there is a great deal
Of difference between that language and
the language: II don't know" isn't
there? A. Oh, yes. II ] said No 1t
was just a grammatical error.
Attorney Rosser's !nsistence in
! bringing out the discrepancy be-
tween Scott's testimony at the
inquest and at the trial was FOR
the purpose of supporting the con-
tention of the defense. made later
in the trial, that Scott changed
from NO to Il don't know to
make more plausible the states
theory that Frank told Mary he
did not know whethe" the metal
had come in order. on the preteAt
e SoinS with 49, - ls0k. to lure
The Washington times., 1915-01-24
Employe Found
Hair on Machine.

r. P. Barrett. factory cnploye. says
he found blood spots and hair on f,oor
Of factory:
Direct erGni'satton BY Solicitor Dorsep
Q. Mr.. Barrett, what is your busi-
ness? A. Machinist for the National
Pencil Company.
Q. What il anything, did you see near
the water cooler at the west end of the
dressing room used by Mary Phagan on
the second floor of the pencil factory,
! Monday morning, April Is? A. found
! an unusual spot I never had seen there
! before.
Q. Was the spot thero Friday? A.
No, sir.
Q. Describe to the jury the appear
ance Of that spot. a. The spot was
| about four or five inches in diameter.
and there were other smaller spots
there. six or eight.
Q. What time Monday did you die
| cover these? A. Between $50 and
| o'clock.
9. Now, what was this that you found
| there? A. 1t was blood.
Q. Blood? Anything else beyond
bIoodo If so, what? A. 1t vast
looked as If some white stuff had been
wiped over it. I don't know what it
was.
Q. Were there any white substances
kept there in the factory; kept there.
used there? A. Yes, sir; potash and
haskoline. 1t looked like the white
stuff had been spread on with coar>f
broom. A broom was leaning up
against the wall.
Q. Did you or not fnd any hair any
where there? A. l found the hair on
bench lathe. on the handle. The
handle was in the shape or an l.. u
was made Of iron.
@. How was the hair caught III
there? a. Swinging down like this
tndicating).
@. Now, did anybody see that hair
besides you? A. Nell Stanford.
Q. Was Miss Magnolia somebody
there? A. AS near as ! can remem-
ber. Miss Magnolia was there,
O Did she identify this hair"
Mr.. Rosser-Never mind what she
did?
Nv Dursev-Nlr. l,osser went INTO
the fact with Miss Grace Hicks that
Miss Magnolia had the samo Kind Of
hair.
The Court sustain the objection.
O. Now, do YOU know that hair
wasn't on there Friday? A. / used the
machine all day Friday.
o. All right. Who else was present
when the blood was discovered? A
called Lemm!e Quinn, and Mr..
Quinn as near as ! can remember.
called Mr.. Darley.
@. Mr.. Barrett, did YOU or not make
snv examination of the area around
Mary Phagan's machine? A. Yes, sir
The Washington times., 1915-01-24
By WILLIAM J. BURNS.

safe was open. It IL known, how
ever, that the safe was open and
was not closed until Frank went to
lunch, at / o'clock. Frank stated to
the detectives that the safe was
open and that he closed it at this
time. His statement was before he
knew of Mopteen Slower and the
important part that her story would
play in the trial.
That the safe was open was
proved by one Of the States own
witnesses, Mrs. J. A. White, who
said that when she entered Franks
Office at 1890 Frank was at the
safe, evidently on some business.
MOnteen Slower.
Conley himself, at one point in
his examination, testified positively
that Monteen Slower entered the
factory, and that when she came
down the little girl. Mary Perkins"
'whose name he professed not to
know was Phagan, Notwithstanding
the fact that he had been reading
her name daily. went up into the
factory. Thus. by the States chief
witness. the theory that Monteen
Slower was in Franks office while
MdIy TUdedn "d6 UelHS Gu
by Frank is utterly demolished.
And I told him." testified
Conley later in the trial. that
saw one girl come along there.
and she come back again, and
then l saw another come along
there and she hasn't come back
down"
Conley Is referring to Monteen
Stover as the frst girl he saw
and to Mary Phasan as the girl
who Hasn't come back down"
When ! took up the investiga-
ton at Atlanta one Of the frst
things TO attract my attention
was the Monteen Slower incident.
and / made up my mind to in
vestigate that thoroughly. I
asked Franks lawyers to ar
range for me to interview her.
Subsequently I was notified that
/ could see her by calling at the
ONCE Of one of the local attor-
neys, and that she would be there
with her father and mother
The moment I walked In the
ONCE the lawyer said: How
do you do. Mr. Burns?" Like
a Hash the Slower girl jumped
up and dashed out of the Of
fce, with her mother after her.
Her mother was very angry and
| saw at once that the Slower
family had not been apprised OF
the fact that ! was to be there
While they stated they would
induce her to come back, I said
that l would not talk TO her If
she was averse to an interview.
Later. Mrs. Leo Frank and
Rabbi David Marx called on Mon
teen and her mother and urged
that ! be granted an interview
When I was informed that this
would be agreeable I went to the
Stover home with Mrs. Frank
and DR.. Marx and was received
courteously by the mother.
. supposed. OF course, that I was to
be permitted to ask questions
and receive answers. but the in
stant l began a conversa alton
with the little girl she cut me off
by saying that II l wanted 10
learn anything about her test!-
mony / could 60 to Solicitor
Dorsey. That was her answer to
every question and We were com
PEELED to withdraw without get
t,,,y, tp'
The Washington times., 1915-01-24

9. State whether or not Leo NJ Frank
after his arrest Tuesday, April ~, at
any time you talked to him that day.
was nervous or composed or excited.
A. He seemed to be excited and he was
sullen.
Q. Now. before Frank was arrested.
had he employed counsel or not, or
had ne sent for counsel, or was coun-
sci with him-I will put 1t that way?
A. Well. when he was down at Police
HEADQUARTERS Monday. Mr.. Rosser was
there and Mr.. Haas.
@. What reason did Haas give for
wanting Franks residence searched?
4. He said he was Franks attorney
and he demanded to show that there
was nothing left undone.
Q. When was Frank taken into Gus
tody and restrained of his liberty? A.
On Tuesday. about l1.3o.
Characterization by Mr.. Rosser.
@. Isn't it true that Mr. Frank never
declined to make any statement to the
officers when they requested him to?
Isn't that true? A. To do what"
Q. Il will not repeat 1.-THE weather is
too hot. You think you had one con-
versation with Mr.. Frank before that
Sunday morning when you went to his
:nouse? A. Yes. sill.
The witness was becoming no
: tlceably confused under Nj. Ros-
ser's savage grilling. He contiuu-
ally mopped his face, which was
running with perspiration. partly
due to the heat. but probably as
largely TO his embarrassment.
Rosser persisted relentlessly in MS
Questioning. catching up the wit
Z ness at every show of MdccisGn
and every slip OF the tongue, and
Blacks plight grew worse each
minute,
q. Now, what time Monday was it
nat you said Mr.. Frank turned over the
lips he took out Sunday morning? A. !
don't remember.
@. Why, didn't YOU tell Mr.. Dorsey
what time? You remember that, don't
you? 4. I told Mr.. Dorsey. don't re-
member.
Q. Is your memory that bad. captain
hat you can't remember what you told
Mr.. Dorsey just twenty or thirty min,
utes ago-that's corres,--is IL your mem
ory is so bad you can't tell me" 4.
don't remember that.
>. Mr.. Frank told you he had dis
charged CAN'T on account Of a shortage
IN the factory, didn't he? A. Yes sir
lie intimated he had found Mr.. CAN'T to
oserssbsd In his dealings. and he saio
The Washington times., 1915-01-24

them? A. That Is right; they are
our friends.
Q. And 1t don't make any differ
ence who employs you, you do that
all the same? 4. Yes. sir
Q. At any time, there is no such
thing as employing you against the
police? a. Oh, no.
.. If the police have one view and
YOU have another, you quit work?
4. No.
Q, II you come in conflict with
their work: A. We never clash over
views.
The Washington times., 1915-01-24
| Doesn't Recall Time
She Got Home.

@. Where did you go when you left
the factory? A. I went home
| Q. What time did you get home? A !
didn't look to see
Q. Has Mr. Frank one or two offlces
up there? A. There are two there; |
don't know which one is his. He stays
! in one Of them
Q. Did you notice the safe that was
In Mr.. Franks office when you went IN :"
A. No, sir, didn't notice l Just
walked right in. walked into the office
and turned around and walked right
| out
Q. You didn't notice how many desks
! there were in the outer room? A. No
SIR.
@. Was there, on the left-hand side
| as you entered, wardrobe to put
clothes in? Did you notice that? A. Nc.
sir; didn't notice that.
Q. How many windows in that from,
ONCE? A. don't know.
! Q. After you had waited about Ave
I minutes and had looked at the clock,
you went home? A. Yes, sir.
! Q. But what time you left home And
what time you got back home, YOU cant
| tell us? A. No, sir.
| Q. You saw nobody and heard moth
Ing? A. No, sir.
! Q. The factory was still and oui.,
while you were there? A. Yes. sir
The Washington times., 1915-01-24
the day she was murdered. which
never was found after the crime.

never was found after the crime.
J. N. GANNT. DISCHARGED EN-
PLoYE OF PENCIL FACTORY.
Direct examination BY Mr. Dorsey.
Q. Mr.. CAN'T, were you connected with
the pencil company? A. Yes, from June
or last year until the first Of January I
was there in the capacity Of shipping
clerk; from the first of January until
about the 7th of April, when l was dis
charged. I was employed as timekeeper.
@. Why were you discharged and by
whom? A. was discharged by Mr..
Frank for an alleged shortage in the
payroll
Q. Did you know Mary Phagan? A.
Yes. sir. I knew her when she was a
little girl.
Q. Did Leo Frank know Mary Phagan ?
A. He did.
Q. State to this jury why you say that
Leo Frank knew Mary Phagan? A. Be-
cause one Saturday afternoon she came
In the Office to have her time corrected.
and Mr.. Frank came in and said, "You
seem to know Mary pretty WE'LL.
The Washington times., 1915-01-24

.ne police or going down the road with
them. as Mr.. Rosser puts II All
through this entire Investigation 7 he
came the partner of City Detective
BLACK, and every move / made and
every move he made was known "a ho,,,
OF us. Mr.. Black reported to the po,,c.
Department. and we furnished the po.
lice Department with all Of our ro.
ports.
The Washington times., 1915-01-24
Harry Scott, Pinkerton Detective, Tells
Story Frank Related When He
Employed Him.

deep BREATH" that his eyes were
piercing. very large and piercing"
that he took deep s!ghs during
the conversation" that he was "a
little pale" that he spoke rather
rapidly and that he was rart!cu-
larly specific as to his movements
and the hours and minutes Of his
movements on April 26.
The Washington times., 1915-01-24

he had given orders not to let him in
the factory.
Q. Mr.. Black. you went to Newt Lee &
house and examined it. didn't you? A.
Yes, sir
Q. What did you find there? A. We
found bloody shirt in the bottom OF
dirty Clothes barrel. a barrel used
for rags and old clothes. .
Redirect examination by Mr.. Dorsey.
9. State If al that time Newt Lee was
a suspect In this matter. A, Yes. siv.
Q. Now state what, il anything,
Frank had said to you about Lee hav-
ing told all he knew or not all he
knew. one way or the other about this
murder
Mr.. Rosser: We don't think that's ma
teral, to say whether Frank told him
Lee had told a! he knew or had nor
told all he knew. What. has Frank S
estimate got to do with it"
The Washington times., 1915-01-24
Found Envelope Near
Mary Phagan's Machine.

9. What. if anything, did you find
A. I found a piece of envelope. a pay
envelope.
CroSs-eEGDindtioR by Mr.. RrsSsr.
.. You said YOU found blood spu.
Nj. Barrett: you only meant thar i,
looked IKE blood That is all You know
isn't it? \, Well, that was blood.
(CoDtinued on Following PuKel
The Washington times., 1915-01-24
Had Not Told
Girls Name to Frank.

@. Had you told him her name? A.
No. sir.
Q. Now from the time you were dis
charged April Z. until April &C. had you
or not been back to that factory? A.
Yes. I had been back twice.
The Washington times., 1915-01-24


q. You say now that Mr.. Franz 70,
you that he left the factory at IL
O'Clock that Saturday afternoon
A. Yes, sir.
O. You reported to me that he toll
you he left at ] o'clock. didn't Won
a. / made a very serious mistake: m
notes there will show 1.1o. Look then
up.
The time element figured very
Importantly in the case, and
could the exact time of Franks !
departure from his office have
been fixed. as Attorney Rosser at
this point in the trial Is endeavor-
ing to fix it, 1t would have been
sutflcient to clear the defendant
OF the crime. Conley, according
to his remarkable story, which
will appear in the next INSTALL
ment of the evidence SAID that
Frank sent him to the rear of the
factory to get the girls body at
four minutes of ]. If Frank left
the factory at ] o'clock, as petec-
tive Scott in the foregoing testi-
mony admits he first reported
FRANK could not possibly have had
ti'ne 10 direct the disposal of the
podS, dictate the murder notes"
ana hide Conley for seven or eight
minutes IN a wardrobe And these
things ConIey said Frank did
Mf' Rosser 'contnuns): You SAY
you made mistake in reporting tina
rdnk told You he left the factory a
l O'Clock. How many mistakes ar,
there in this report YOU made to me,
A. why, very few: but, OF course. tina
Is an oversight. / did not proorread i
after l dictated it to the stenogra2her
and didn't know she had any dis
crepancies like that in there.
The Washington times., 1915-01-24

ton asked you: What did Frank say,
or do YOU know, in talking TO Lee"
and YOU said: Il have no way OF know
ing that They were both together pri-
yately in a room there. and We had no
way Of knowing, except what Lee told
us afterward." Didn't YOU say that?
Yes cir
The Washington times., 1915-01-24
DETECTIVE BLACK RESUMES STORY.

Todays instalment takes up the testimony of Detective
Black where ended last week Solicitor Dorsey quizzng the
detective Franks appearance and statements directly following
the crime and has just asked him whom Frank proessed suspect
"Mr Frank seemed to suspect this fellow CAN'T in way
replied Black "and in another seemed that he thought Newt
Lee might know something about it, Cant discharged
employe who the factory the evening of the murde
"Now, what other arrested suspect? the Solc
asked and Blacks reply Jm Coney the negro sweepe
name entered the trial for the first time
Following is the testimony from this point: