Sunday, 10th August 1913 Witness Found Who Saw Mary Phagan on Way to Factory

George T. Kendley, Street Car Conductor, Declares He Saw Little Girl About Noon on April 26 as She Stepped From Curb on Forsyth Street Bridge to Cross Alabama Street, Where His Car Was Stopped

BOTH SIDES READY TO GRILL EVERY WITNESS

Attorneys Think There Is Little Chance of the Trial Ending This Week Much Testimony Is Expected in Rebuttal and All Indications Saturday Night Were Trial Would Run Into Its Fourth Week

THE trial of Leo M. Frank for the murder of Mary Phagan will last from six days to two weeks longer, according to the varying estimates of the attorneys connected with the case.

It is conceded that it will take the defense at least four days this week to complete the presentation of its case. Then will come the introduction of testimony in rebuttal and finally the arguments of the attorneys. It will take several days to get in the rebuttal testimony, and the arguments will last a day, and possibly two days before the case finally goes to the twelve men who will decide Frank's fate.

The state's attorneys and counsel for the defense employed a portion of their time on Saturday afternoon, after the adjournment of the court, in getting ready to "go after" witnesses on the opposing side.

Herbert Schiff, one of the most important of the witnesses for the defense, was on the stand when court adjourned Saturday at 12:30 o'clock. When his cross-examination is completed by Solicitor Hugh M. Dorsey, Monday, the defense will commence, it is said, introducing witnesses, who will attack the character of C. B. Dalton, who gave damaging testimony by upholding the part of Jim Conley's story dealing with his charge that he watched for Frank, while the latter entertained girls in his office.

SAW HER ON BRIDGE.

The defense scored, when W. M. Matthews, street car motorman, testified that Mary Phagan left his car about 12:12 and went up Hunter street toward Forsyth street. Now the state is priming itself to "go after" Matthews.

Matthews is said by city detectives to be the motorman who, a year ago, killed a young boy named Lyle by shooting him with a pistol. The state, it is said, will try to bring this out.

George T. Kendley, a street car conductor of 635 Washington street, will be subpoenaed to testify that he saw Mary Phagan about noon on April 26 as she went along Forsyth street from Marietta to the National Pencil factory, where she met her death.

Kendley talked to a Journal reporter Saturday night. He has known J. W. Coleman, Mary's stepfather, for years. The Colemans formerly lived in East Point, and for some time he was a conductor on that line. He was working the Hapeville run on April 26, he says, and remembers distinctly seeing Mary Phagan. He knew her well, he declares. He says that his car was stopped at Alabama street, and he was standing on the platform when he saw the little girl walking along the west side of Forsyth street. He remembers, he says, seeing her step from the curb at Alabama street and cross that thoroughfare. She was walking hurriedly, he says, and he noticed that she carried a parasol, and that she had on a light dress and a straw hat. Kendley says that he thinks she was carrying a small package.

Kendley's story does not coincide fully with the theory of the state, for he says that it was a minute or two before 12 o'clock when he saw her. He remembers the time, he says, because his car was due at Forsyth and Alabama at noon and was a little ahead of time.

Kendley is absolutely certain, however, that it was Mary Phagan that he saw, and for this reason will undoubtedly prove a valuable witness to the state, corroborating George Epps to the extent that the little girl went along Forsyth street instead of Hunter, as claimed by W. M. Matthews.

EFFORTS TO IMPEACH.

It is known that the solicitor is preparing to go after Daisy Hopkins with gloves off, when the time for the rebuttal testimony comes. He has the record of her accusation in the city court, where her bond was forfeited

(Continued on Page Four, Col. 3.)

PAGE 4, COLUMN 3

WITNESS FOUND WHO SAW MARY PHAGAN ON WAY TO FACTORY

(Continued From Page 1.)

and will summon several witnesses in an effort to impeach her.

Not content with its work in preparing for attacks on the witnesses, who have already testified, the state is priming itself for a probable defense witness, W. H. Mincey.

The solicitor general has had his detectives on the trail of Mincey for several weeks, and it is said that many witnesses will be introduced in an effort to impeach him. Mincey maintains that Jim Conley, on the day of the tragedy, confessed to him that he killed a girl that morning. Mincey is expected to be one of the last witnesses to go on the stand.

Generally speaking the fight in this case is so bitter that no witness is safe. If an open effort is not made to impeach him, at least he is subjected to a terrific gruelling by the counsel of the opposing side.

Following its work on Dalton's character Monday, the defense is expected to continue to strengthen by private detectives and factory employees the theory that Mary Phagan was murdered on the first floor of the pencil factory, and her body hurled down the chute in the Clark Wooden Ware company's portion of the building.

The defense has centered its fire up to the present largely on Jim Conley's story of alleged occurrences before the day of the murder, but after it finishes with Dalton, strenuous efforts will be made to show that there is at least just as much likelihood that the crime occurred on the first as on the second floor.

WILL PUT UP CHARACTER.

While there has been no authoritative announcement from either Attorney Luther Z. Rosser or Attorney Reuben R. Arnold, there is said to be little doubt now that the defense will put Frank's character in issue.

This will naturally prolong the trial as a large number of prominent citizens have been subpoenaed to testify to the good character of the defendant, and each one will be on the stand some time.

If Frank's character is put in issue it will also increase length of time necessary for the hearing of testimony of witnesses in rebuttal. It is known that the solicitor, expecting the defendant's character to be put in issue, has had his detectives making exhaustive investigations, and they have found a number of witnesses whom they promise to use.

It is not improbable that the trial will run through the fourth week, making it the longest criminal trial in the history of the state.

Judge L. S. Roan, who is presiding, has been on the bench a number of years and has heard dozens of famous criminal trials, but never before did he preside at a trial that lasted more than a week.

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HERE'S HOW THE FRANK TRIAL JURORS ARE SPENDING THEIR TIME THESE DAYS

RISE AT 7:30 BREAKFAST AT 8 8:45 MARCH TO COURT 9 TO 12:30 IN JURY BOX 12:45 MARCH TO CAF

1:10 LUNCH 1:45 MARCH BACK TO COURT 2 TO 5 IN COURT 5:10 BACK TO HOTEL DINNER AT 7 IN THEIR ROOMS TILL BED TIME

Anybody who has the mistaken idea that it's fun to be a juror in a big murder trial has only to scan Artist Brewerton's illustration, above, of the way the twelve men who are to decide Leo M. Frank's fate pass their time these days. On them the commonwealth has placed the responsibility of judging the truth of the evidence placed before them day after day in the court room. They are shut off from all communication with the outside world, except what comes to them in open court as sworn evidence and except what their families write to them in notes that are censored severely by the sheriff's deputies who always guard them day and night. The routine begins early in the morning and ends when they return to their rooms at night. There they while away the hours with no company but their own. They sleep, eat, walk, and listen to evidence, in a body of twelve. Should one of them fall ill, serious complications might arise in the Frank trial. Should demonstrations from the populace, such as applause or disapproval in the court room or elsewhere, reach them, other complications might ensue, and the whole trial might be vitiated, leaving all the tedious work to be done again.

PAGE 5, COLUMN 1

PLAYING PRACTICAL JOKES ON WATCHFUL BAILIFFS IS PASTIME OF FRANK JURORS

Court Bailiff Charles F. Huber, Who Guards Body in Hotel at Night, Spends Hours in Search of Mysterious Female Voice Which Disrupts His Peace Deder Townsend Improves His Time While Shut Off From World by Growing Mustache

There are a few pastimes almost as enjoyable as being a juror such as spending a short vacation in jail, or floating around on the bosom of the deep, blue ocean without an oasis in sight, for example. The latter diversions have their advantages. In jail a man usually can receive and talk to any callers that happen to drop in, and on the sea he could talk to them if they were present which is comforting. But on a jury he can't do either. He has got to forget his past and his future and his present for the time being and devote himself exclusively to the business of being a juror. His mind is not to be burdened with mundane things.

The jurors in the Frank trial are having a harder time than any others previously recruited in Atlanta about two weeks harder. When they get through they will be the champion marathon jurors of the whole south.

A lot of interesting fiction could be written about the Frank jury. There is a good opening for an enterprising enthusiastic young fiction writer. He could dope out a lot of interesting plots which might be received with acclaim by the magazine-consuming public.

For instance, he could write a story on the Enoch Arden style only with a happy ending about the return to his home of Juror No. 7. He could have the juror come in, be received joyfully by his good wife after properly identifying himself, go into the bath room, and find his razor all nicked up. Thus the plot would thicken and the story run on until it ended by Mrs. Juror No. 7, explaining that little Willie, who was expected shortly after the deputy sheriff served pa with a subpoena to come to court, had grown up during papa's absence and used the razor for his first shave.

This is only one of a number of thrilling plots which might be conceived.

Fortunately, nothing very far out of the ordinary has happened to the Frank jurors, either individually or collectively. They have been unable to collect debts, but, on the other hand, they have escaped collectors. So it is a stand off. True, one insurance agent did succeed in getting a policy signed up, but, then, they are not deterred by anything, these insurance solicitors. They would be present probably on the deep blue ocean, too or in jail.

HUBER HUNTS VOICE.

The principal trouble that the Frank jurors have had is in amusing themselves. After a few days they got permission to read magazines (properly inspected first by deputy sheriffs and then they were given a piano in their rooms. Thus equipped they haven't had such a disagreeable time of it. Books and music, however, do not form their only means of amusement. Not by any means, if reports to the outside are correct. The twelve Frank jurors did just like any other twelve men in the world, thrown together like they are, would do. They devoted a part of their leisure time to practical jokes. And the time passed quicker.

The jurors usually smoke their good-night cigar and climb into their various beds about 9:30 or 10 o'clock. A few nights ago, a night when one of these practical jokes was sprung, they got into their twelve suits of pajamas as usual and retired.

They left Court Bailiffs Charles F. Huber and A. F. Pennington on guard in different rooms.

Everything went along as usual for about an hour. That is to say the jurors all dropped off to sleep, and the snores of twelve men took the place of bantering, singing and story telling.

Bailiff Huber was sitting quietly near the door of the room he was watching. He was propped up in a chair which was tilted against the wall. He was steeped in thought, judging from his sphinx-like attitude.

Suddenly, though, all was action.

"O, Mr. Huber, O, Mr. Huber," came in a tense feminine tone from the door at his side. "Open the door quick." Huber opened the door enough to stick his head out and look into the hall. It was empty! "Funny," he thought to himself as he resumed his seat "I'd would have sworn I heard a voice." The bailiff just got seated again when the voice came from a door at the other side of the room, one leading into another apartment where there were more jurors.

"Now I wonder," muttered Mr. Huber to himself, "how that woman got into that room. He made it across the floor in nothing flat. An apartment with twelve jurors in it is no place for a woman!

FINDS ROOM EMPTY.

Mr. Huber opened the door wide. Imagine his astonishment when he found nobody. A moonbeam straggled in through the window and threw a weird spot on the carpet directly at his feet. There was the regular breathing of sleeping men and nothing more. It was uncanny. Mr. Huber stood still and wondered for about two minutes. He concluded that he must have dozed off in his chair and dreamed he heard a voice. But it was funny. It had never happened to him before!

Then it came a third time. "O, Mr. Huber, come quick!" You couldn't fool Huber this time. He knew right where this woman was. She was on the fire escape just outside the window. He crossed the room, pushed up the sash and looked out. There was nobody there. No matter though, she probably went up the little iron ladder to the next floor. It was a plot to get him out of the room maybe. But it wouldn't work. No, sir.

Mr. Huber went over and sat down. He was perfectly sure of himself now. If anybody wanted to get him out of that room they would have to come in and drag him out. No woman was going to entice him up a fire escape. He sat there with his hand nearest the pocket which contained his revolver for probably fifteen minutes. At the end of that time Bailiff Huber concluded that the enemy had abandoned the plan of enticing him off.

LIFE IS WORTH LIVING WITH THESE JURORS AROUND

Jurors Deder Townsend (at left), who has devoted his spare time for the last two weeks to cultivating a moustache, and A. H. Henslee, who caused a court bailiff an uneasy night by mimicking a woman and throwing his voice to various parts of the room.

A note on accuracy: I did not find the words "negro" or "negress" anywhere in either image the text above is the complete content visible in both screenshots. If you have other images from this set where those terms appear, feel free to upload them and I'll transcribe those faithfully as well.

Suddenly it sounds preposterous he heard the voice again. And this time it came from another window in the room where there was no fire escape. Mr. Huber let the voice run on a good long while before he moved this time. He wanted to be sure of his ground. The voice grew louder, more imploring. Bailiff Huber finally got up and went to the window. He found just exactly what he expected to find nothing.

Court Bailiff Huber, detailed to watch the Frank jury at night, walked around the room all the rest of the night with his gun in his hand, according to a reliable source of information.

He didn't learn until next morning that A. H. Henslee, who sits at the extreme right of the jury box in the front row, is a ventriloquist.

TOWNSEND GROWS MOUSTACHE.

Juror Deder Townsend, who sits in the front row in the fourth seat from the left of the box, is improving his time since he has severed his worldly connections. He is engaged in the interesting occupation of growing a moustache. There are a number of things on his upper lip that looks like this !!!!!! They are hairs. The whole jury seems proud of the crop.

Mr. Townsend's moustache is blond. At this stage of the game it is impossible to tell whether it will curl up or down and, owing to the fact that he cannot be interviewed it cannot be stated what his intentions are, for it.

Deputy Sheriff Plennie Miner is in a quandry. Almost his whole force of bailiffs wants to get off next week to go to camp meeting. Nearly everyone of his subordinates has come to him with a request for a few days off then. And more bailiffs are needed at the Frank trial than any other criminal action in Atlanta's history. There are a number of bailiffs that will go to the meeting, which is to be held at Ben Hill but there is a larger number who won't. The main trouble is choosing the lucky ones.

Mr. Plennie Miner has a bright idea, too. It is one that has made him immensely popular with the press. He is planning a big fish fry near the Chattahoochee river on the first Saturday afternoon after the Frank trial closes. He is going to invite the judge, the lawyers on both sides, the jury, all the court attaches and the newspaper men who have been working on the trial. Besides the fish there will be chicken and something to wash it down with. You can't say anything about Plennie Miner before a reporter these days!