LEO FRANK TRIAL [ Brief Of Evidence ]

Leo Frank Trial Brief of Evidence, 1913 STATE OF GEORGIA VERSUS LEO M. FRANK In Fulton Superior Court, trial began July 28th and ended August 21st, 1913. Judge Leonard Strickland Roan, presiding. Conviction of murder at July term on August 25th, 1913 in Fulton Superior Court, Atlanta, Georgia. BRIEF OF THE EVIDENCE

Mrs. J. W. Coleman, witness for the State, at the Trial of Leo Frank in the Fulton County Superior Court of Atlanta, Georgia, in 1913 (Testimony Portion From July 28 - August 21, 1913; Closing Arguments August 21-25, 1913) Mrs. J. W. Coleman, Mary Phagan’s mother, testified: Saturday, April 26 ~11:45 a.m.: Mary left 146 Lindsey Street—lavender lace dress, blue hat (pale ribbon, pink flowers). 11:30 a.m.: Ate cabbage & bread. ~14 in June; fair, heavy, pretty, dimples. Cross-examination Hat: Blue, pale ribbon, small pink flowers (center). 2 blocks to streetcar (Mrs. Smith’s store). Epps: Neighbor, friend—not special. Re-direct Clothes: Exhibit M. Silver mesh bag (German silver); handkerchief (Exhibit M). Re-called Confirmed bag & handkerchief. Coleman’s 11:45 departure, cabbage meal, and pink-flowered hat became State’s timeline & ID. Defense noted: No bag/flowers found, Epps “friend”—mother’s grief turned prosecution’s “last sighting” into defense missing evidence.

George Epps, witness for the State, at the Trial of Leo Frank in the Fulton County Superior Court of Atlanta, Georgia, in 1913 (Testimony Portion From July 28 - August 21, 1913; Closing Arguments August 21-25, 1913) 14-year-old George Epps, friend of Mary Phagan, testified: Saturday, April 26 ~11:50 a.m.: Saw Mary at Oliver & Bellwood (clock at Bryant & Keheley). English Avenue car: Sat together; Mary to Forsyth & Marietta (~12:07 p.m.). Mary: Hat, parasol—“Draw pay, see parade 2:00.” Separated: Mary walked right on Forsyth to factory (~2 blocks). Cross-examination No coroner mention of clock—“recalled now.” Time by sun—“7 minutes after 12.” Mary alighted Marietta—not Hunter. Re-called Sunday: Gentleman asked sister (not George) about last sighting—George inside. Epps’s “12:07 arrival” became State’s “noon murder”. Defense shredded: No coroner clock, sun time, sister interview, Hollis/Matthews 12:10—“boy’s tale” turned prosecution’s “star timeline” into defense dynamite.

Newt Lee (colored), witness for the State, at the Trial of Leo Frank in the Fulton County Superior Court of Atlanta, Georgia, in 1913 (Testimony Portion From July 28 - August 21, 1913; Closing Arguments August 21-25, 1913) Night watchman Newt Lee (3 weeks on job) testified: Friday, April 25 6:00 p.m.: Paid off; Frank: “Come 4:00 tomorrow—holiday.” Saturday, April 26 ~3:56 p.m.: Arrived—front door unlocked, double doors locked (first time). Frank: “Bust out”, nervous, “Go have fun—back 6:00.” ~5:58 p.m.: Returned—all doors unlocked. ~6:00 p.m.: Gantt for shoes; Frank jumped, pale, “Go with Newt.” ~7:00 p.m.: Frank phoned—“Everything OK?” (first Saturday call). Punched every 30 min—all correct (slip later “skips”). 3:00 a.m.: Found body—face-down, cord tight, underclothing loose, blood dry. Called police—tried Frank 8 min (no answer). Sunday, April 27 ~7–8 a.m.: Frank arrived—head down, silent. Clock slip: Frank: “Punched correctly.” Tuesday, April 29 Handcuffed to chair; Frank: “You know something… we’ll both go to hell.” Cross-examination Factory: Open doors, dark corners, anyone could enter. Clock: 2 clocks (0–100, 100–200); punched both. Body: 10–30 ft from closet—saw legs, dark. No sleep—police grilled constantly. Lee’s “nervous Frank”, “open factory”, and “perfect punches” gutted Conley’s timeline. Watchman’s “skips” (later) turned State’s “guilty slip” into defense dynamite.

L. S. Dobbs, witness for the State, at the Trial of Leo Frank in the Fulton County Superior Court of Atlanta, Georgia, in 1913 (Testimony Portion From July 28 - August 21, 1913; Closing Arguments August 21-25, 1913) Sergeant L. S. Dobbs arrived at the National Pencil Company ~3:30 a.m., April 27. Basement 150 ft from ladder to body—face-down, left side, cord sunk in neck, underclothing loose. Tongue: Slightly protruding. Head wound: Dry blood; face punctured/swollen. Notes: 6–8 inches apart, near head—scratch pad detached. Hat/shoe: Trash pile, ribbons gone. Drag marks: From elevator—continuous to body. Back door: Staple prized, hasp bent slightly. Cross-examination White vs. black: Unclear until dust wiped, knee skin checked. Lee: Could see “bulk”—not face—day/night experiments. Ladder: Too narrow for two; scuttle hole tight. No blood on sawdust/ground. Handkerchief: 10–15 ft beyond body, bloody, 10–15 minutes later. Re-direct Trap door closed—cobwebs/dust. Elevator: Second floor; Lee couldn’t run. Dobbs’s “drag from elevator”, “prized staple”, and “closed trap” became State’s crime path. Defense shredded: No blood trail, tight ladder, Lee’s limited view, late handkerchief. Sergeant’s “drag” turned prosecution’s “basement drop” into defense impossibility.

J. N. Starnes, witness for the State, at the Trial of Leo Frank in the Fulton County Superior Court of Atlanta, Georgia, in 1913 (Testimony Portion From July 28 - August 21, 1913; Closing Arguments August 21-25, 1913) City officer J. N. Starnes arrived at the National Pencil Company 5:00–6:00 a.m., April 27. Findings Back door staple: Prized out—pipe indentation. ~6:00 a.m.: Phoned Frank—“Come immediately.” Frank: “No breakfast”, “Where’s night watchman?” Frank: Nervous, trembling with Darley. Clock slip: Hendricks punched all in <5 minutes (Exhibit P). Cords: Similar knots to murder cord (Exhibit C)—all over factory. Monday, April 28: Blood splotches near dressing room—1.5–2 ft area, haskoline-smeared, broom scratches. Nail: 50 ft from metal room—blood-like. Back door chips: Bloody prints. Cross-examination Timeline: Guesswork—3 minutes Marietta to factory. Spots: Dark floor—“looked like blood”. No purse/ribbon/flowers. Toilets: #11 on diagram (Exhibit A). Re-direct Guarded phone talk—“casual gentlemen.” Chips to Lanford (Exhibit E). Starnes’s “prized staple”, “blood splotches”, and “nervous Frank” became State’s crime scene. Defense shredded: Cords everywhere, haskoline smear, guesswork timeline, no ID. Lead detective’s “blood” turned prosecution’s “smoking gun” into factory grime.

W. W. Rogers, witness for the State, at the Trial of Leo Frank in the Fulton County Superior Court of Atlanta, Georgia, in 1913 (Testimony Portion From July 28 - August 21, 1913; Closing Arguments August 21-25, 1913) W. W. Rogers, former police officer (now Judge Girardeau’s court), testified: Sunday, April 27 ~5:30 a.m.: Starnes to Frank: “I’ll send automobile.” ~6:00 a.m.: Rogers & Black at Frank’s home—Mrs. Frank in bathrobe; Frank behind curtain, no collar/tie/coat. Frank: Rapid questions, “Coffee?”, “Dreamt phone rang 3 a.m.” Car: “Mary Phagan dead”—Frank: “Don’t know her.” Undertaker: Frank glanced, stepped behind curtain—no clear view. Factory: Frank opened safe, found Phagan slip—“$1.20 Saturday.” Cross-examination Frank: Cooperative; Mrs. Frank fetched collar/tie. 15–20 minutes at home. Undertaker: Rogers blocked view—Frank never entered room. Elevator: Noisy, auto-stop. Basement: Excrement pre-elevator—smashed later. Rogers’s “nervous Frank” became State’s “guilty panic”. Defense shredded: Coffee, curtain, cooperation, blocked view, excrement timeline. Ex-officer’s “jump” turned prosecution’s “smoking gun” into defense dynamite.

Miss Grace Hicks, witness for the State, at the Trial of Leo Frank in the Fulton County Superior Court of Atlanta, Georgia, in 1913 (Testimony Portion From July 28 - August 21, 1913; Closing Arguments August 21-25, 1913) Miss Grace Hicks, metal-room worker (5 years), knew Mary Phagan ~1 year—light hair, blue eyes, 115 lbs. Factory layout Mary’s machine: Next to dressing room—3 ft from office path. Frank: Daily metal-room walk-throughs—never spoke to girls. Spoke to Hicks 3 times: Machine joke, loaned quarter, tipped hat. Metal: Kept under stairs—asked Quinn, not Frank. April 26 Payday Friday (most)—Hicks off since Wednesday. No metal Monday–Saturday. Cross-examination Frank’s office: Can’t see clock/entry. Never saw Frank-Phagan talk. Floor: Greasy, dirty—paint drops from polishing room (across dressing room). Haskoline: Everywhere—mixed with dust. Hicks’s “no Frank-Phagan”, “dirty floor”, and “paint drops” gutted “blood trail” and “intimate boss”. 5-year coworker turned State’s “lustful manager” into distant stranger.

John R. Black, witness for the State, at the Trial of Leo Frank in the Fulton County Superior Court of Atlanta, Georgia, in 1913 (Testimony Portion From July 28 - August 21, 1913; Closing Arguments August 21-25, 1913) City detective John R. Black testified: Sunday, April 27 ~6:00 a.m.: Rogers & Black at Frank’s home—Mrs. Frank in bathrobe; Frank behind curtain. Frank: Hoarse, trembling, pale, nervous collar, rapid questions—“Coffee?”, “What happened?” Car: “Mary Phagan dead”—Frank: “Don’t know her.” Undertaker: Frank glanced, stepped behind curtain—no view. Factory: Frank opened safe, found Phagan slip—“$1.20 Saturday.” Monday, April 28 8:30–11:30: Frank at station—Rosser/Haas arrived ~8:30. Haas: Demanded house search—no stains. Tuesday, April 29 Lee-Frank interview: Frank “trusty” Lee; 10 minutes alone—Lee: “Hard handcuffed”; Frank: “They’ve got me too.” Frank: Nervous, squirmy, swallowing hard. Cross-examination Frank: Cooperative; Rosser demanded statement. No prior Frank nerves. Lee’s shirt: Found Tuesday—blood both sides. Timeline confusion: “Crossed up”—Frank’s “skips” before/after shirt? Black’s “nervous Frank” became State’s “guilty panic”. Defense shredded: Coffee, curtain, cooperation, Rosser present, shirt timing muddle. Detective’s “crossed up” turned prosecution’s “smoking gun” into defense dynamite.

James Milton Gantt, witness for the State, at the Trial of Leo Frank in the Fulton County Superior Court of Atlanta, Georgia, in 1913 (Testimony Portion From July 28 - August 21, 1913; Closing Arguments August 21-25, 1913) James Milton Gantt, former shipping clerk (discharged April 7 for $2 payroll shortage), testified: Pre-murder Knew Mary Phagan as child; Frank knew her—“You seem to know Mary pretty well” (Saturday correction). Pay envelopes: Girls swapped with Frank’s knowledge. Frank: “Best office force”; clock visible from desk (safe closed). Saturday, April 26 ~6:00 p.m.: Saw Lee outside; Frank in window. Frank: Jumped, stepped back, pale, nervous, stuttered—“What kind of shoes?” Allowed entry with Lee escort; found shoes (tan + black). Cross-examination Coroner’s inquest: No “know Mary well”—recalled after arrest (April 28–May 1). Gantt’s “nervous Frank” and “Mary familiarity” became State’s motive. Defense shredded: $2 dispute, jail recall, no prior Mary link—“disgruntled ex-clerk” turned prosecution’s “smoking gun” into revenge.