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✓ Published: 29-Jun-2016
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Nancy Vastine
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The most important details of Leo Frank's defense were the inconsistencies in his testimony. Jim Conley testified that Mary Phagan had arrived at the Pencil factory before Monte Stover, but the motor, man and conductor of the trolley asserted that she had gotten off at 12:10. Most witnesses agreed that it would have taken at least one half hour for the murder and movement of the body to the seller, the writing of the murder notes and Conley's hiding in the wardrobe to occur. However, there were only 30 minutes between 12:00 and 1230 that Frank's time was not accounted for. The defense called more than 20 witnesses to corroborate Frank's version of when the murder happened, where Frank had been, and at what time.<br/><br/>The first two witnesses, W.H. Matthews, motorman, and W.T. Hollis, conductor of the English Avenue car, testified that Mary Phagan got on at Lindsay Street at about 1150 and was alone. Herbert Schiff, assistant superintendent of the Pencil factory, testified to the system of business, the preparation of the financial sheet, the procedure for paying off employees and how the pencils are made. Miss Maddie Hall Stenographer from Montague testified that she finished her work, left around twelve two and punched the clock, and that Frank did not make up the financial sheet that Saturday morning. Miss Corinthia Hall swore that she was the four lady for the factory and got there Saturday around 11:30 a.m. with Mrs. Emma Clark Freeman. Miss Magnolia Kennedy swore that she was behind Helen Ferguson and Helen Ferguson did not ask for Mary Phagan's pay envelope. On cross examination, she stated that Barrett called her attention to the hair and her machine was right next to Mary's. Mary's hair was a light brown sandy color and she did not see the blood spots on the floor. Wade Campbell, another employee, was the brother of Mrs. White who told him about seeing the Negro on Saturday.<br/><br/>Lemme Quinn, foreman of the factory, testified that 100 women worked at the factory. He noticed the blood spots at the lady's dressing room on Monday and was in the office and saw Mr. Frank between 1220 and 1225. Several witnesses later testified that Quinn advised them he had visited Frank prior to noon in the factory the Saturday of the murder. Harry Denham, one of the carpenters on the fourth floor, testified that he was hammering about 40 feet from the elevator on April 26. Minola McKnight, the cook for the Seligs, testified that she worked for Mrs. Selig and cooked breakfast for the family on April 26.<br/><br/>Mr. Frank finished breakfast a little after 07:00 and came to dinner about 20 minutes after one. Her husband, Albert McKnight, wasn't in the kitchen that day between one and 02:00. Mr. Frank left that day sometime after 02:00 and next saw him at 06:30 at supper. She left about 08:00 and Mr. Frank was still at home when she left.<br/><br/>
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The Leo Frank case was convened in a temporary Atlanta courtroom on July 28, 1913, with 250 seats and 20 officers guarding the courtroom. The jurors, all white men and Atlanta residents, were chosen within 3 hours of the first morning of the trial. The defense used 18 of its 20 strikes without a cause while the prosecution used seven of the ten allowed. The twelve jurors were C.J. Bashard Pressman, I Hensley, Buggy Company, J. F. Higdon Building Contractor, Jefferies - Real Estate, Johenning Shipping Clerk, WF Medcalf Mailer, J.T. Osborne, Optician, Frederick V. L. Smith paying teller, D. Townsend paying teller, F.A. Windburn Railroad Claims agent, Al Weizby Cashier, M. S. Woodward - Cashier, King - Hardware. The Chief prosecutor, solicitor General Hugh A. Dorsey, was handsome and forceful, assisted by Frank Arthur Hooper and Edward A. Stevens. The defense was defended by Atlanta's two well known trial lawyers Special Assistant Solicitor Hooper described the State's case against Leo Frank, who was accused of premeditated rape of Mary Phagan. He alleged that Frank had seduced and taken liberties with other young factory girls and had made unsuccessful advances to Mary Phagan. Several surviving family members have said that Frank harassed Mary Phagan and that she went home and told her mother several former National Pencil Company employees have also alleged that they heard Frank sexually harass Mary Phagan.<br/><br/>The state argued that Frank was alone in the office, gave Mary Phagan her pay envelope, then followed Mary to the medal room and made sexual overtures to her. He then strangled her and gave Conley $2.50 and then $200, but later had Conley return the money. Hooper singled out the expected testimony of Monteen Stover, who he claimed would contradict Frank's contention that he had been in his office continuously from 12:00 p.m. Mrs. J. W. Coleman, the mother of Mary Phagan, testified that she last saw her daughter alive on April 26, 1913. A court officer drew forth a suitcase and lifted out the dress and shoes that Mary Phagan had worn when she last saw her.<br/><br/>Fanny Phagan Coleman identified the clothing of her murdered daughter by covering her eyes with a palm fan and sobbing. At that time, few women attended court trials except for those related to the victim or the defendant. Fanny Phagan Coleman and Ali May Phagan attended the trial, as well as Lucille Selig Frank, Frank's wife, and Mrs. Ray Frank, his mother. When asked for her thoughts by a reporter for the Atlanta Journal, Fanny Phagan Coleman said she would rather not talk about it. This silence caused the rest of the Phagan family not to speak of the trial for the next 70 years.<br/><br/>⁣The narrator went out of the door and stayed until four minutes to six. When he returned, the doors were unlocked and the narrator went to Mr. Frank to change the slip. It took him twice as long as the other times he saw him fix it.<br/><br/>
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