Friday, 1st August 1913 Acquitted In The Same Court, She Believers Is Innocent, The Atlanta Constitution

Name: Friday, 1st August 1913 Acquitted In The Same Court, She Believers Is Innocent, The Atlanta Constitution
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00:00Acquitted in the same court, she believes is innocent. The Atlanta Constitution, Friday the

00:051st of August, 1913, page 1, column 7. Photo by Francis E. Price, staff photographer,

00:12Mrs. Callie Scott Applebaum, who was tried before Judge Rohn for the murder of her husband,

00:17Jerome Applebaum, and declared not guilty, and Leo M. Frank, who is now on trial,

00:23charged with the murder of Mary Fagan. Mrs. Applebaum was an interested spectator at Frank's

00:27trial, Thursday afternoon. Page 3, column 1, representing state in Frank trial. Left to

00:33right, Solicitor General Hugh M. Dorsey, Assistant Solicitor E. A. Stevens, and Attorney Frank A.

00:38Hooper. Page 4, column 1, spots were large, as fan, declares woman who saw them Mrs. George W.

00:44Jefferson, who is an employee of the pencil factory, was best called to the stand. Her examination was

00:50begun by Solicitor Dorsey. Where do you work? In the National Pencil Factory. Where were you working

00:56Friday, April 24th? In the National Pencil Factory. Were you there Monday? Yes. Yes. Did you see

01:03anything on the floor near a dressing room? Yes. It looked like something white had been spread over

01:08a spot of blood. How far is the Polish room from the ladies' dressing room? Four or five feet. How

01:14far are the cords from the dressing room? They are hanging up on the wall. Is there any red paint

01:19in

01:19your department used in polishing pencils? Yes. Is there any difficulty in distinguishing the

01:24different shades of red paint? Yes. Attorney Rosser took up the interrogation. Spots were big as fan.

01:31Could you tell how long that dark spot had been there? No. That is a very dirty, greasy floor,

01:36isn't it? Yes. Did you know Mary Fagan? Yes. Had known her for a year. I've been working at the

01:41pencil factory for three years. You say the entire spots were as big as your fan? Including the white

01:47stuff, they were. How big were the dark spots? Smaller than the palm of your hand? Solicitor Dorsey

01:54resumed questioning the witness. Where are the pencils painted? On the third floor. Where are the

01:59pencils painted? On the third floor. Where is paint of any kind used on the second floor? Only in the

02:04Polish room. Attorney Rosser again began interrogating. These wrapping cords, the kind found

02:10around the little girl's throat, are scattered all over the factory, aren't they? They are supposed

02:15to be kept only in our department on the third floor. Don't they ever get into the basement in the

02:21trash or sweepings? I've never been in the basement. Here the solicitor took the witness.

02:26Is there any need for the cords in the basement? Not that I know. She was then called from the

02:31stand.

02:32Page 4, Column 1. I've been trapped by witness, cries Dorsey, when Holloway goes back on his affidavit.

02:39F. Holloway, a general superintendent in the pencil factory who has been in the employ of that concern

02:44for three years, was called to the stand. It was during Holloway's statement that the solicitor

02:48charged him with having trapped the state in attesting his signature to a sworn statement

02:53and making a conflicting statement before the jury. How long have you been employed at the

02:58pencil factory? The solicitor asked. Three years. Are you working there now? Yes. Were you there on

03:04Saturday, April 26th? There from 6.30 a.m. until 11.25 a.m. What is your business? Attending to

03:11the

03:11elevator, freight, and looking after general business. What do you do upon leaving in reference

03:16to the elevator? Did you leave the elevator unlocked on Saturday, April 26th? Yes. Trapped by witness.

03:23Instantly upon the witness's answer, the solicitor cried to Judge Rohn. Your Honor, I've been trapped

03:28by the witness on May 12th before Detectives Campbell, Starnes, John Black, and my stenographer,

03:33Mr. Holloway, swore that he had locked this power box on Saturday, April 26th, and that he always kept

03:40it locked. Holloway, in answer to this, said, I said I had locked it on Friday. Dorsey, he swore on

03:46May

03:4612th that he had locked it on Friday and Saturday, didn't you, Mr. Witness? I don't remember. Will you

03:51deny having sworn it? No. Was it locked that Saturday? No. Why did you say it was locked? Because I

03:58forgot. He signed affidavit. You signed your name to this affidavit and read it, didn't you? Yes. Did you

04:04notice J.M. Kant's association with Mary Fagan? Yes. Where? Sometimes at the register. Rosser took

04:10the witness. Anybody on Saturday, 26th, could have walked from any floor in the factory without being

04:16stopped? Yes. The front doors were unlocked all morning? Yes. Denham and White asked you to saw

04:23some timber? Yes. You had to switch on the power to saw with, didn't you, the same power that runs

04:28the elevator and you left the switch unlocked? Yes. The metal room floor is dirty and greasy, isn't it?

04:34Dirtiest in town. Has it been washed in three years? No. Annaline put on floor. Is Annaline ever put on

04:41the floor? Every day. Is it unusual to see spots on the floor? No. How many women work in the

04:47plant?

04:48About 100 inches. Eleven work in the paint department. Yes. Have you ever seen spots that look like blood in

04:55the metal room? Yes. Barrett discovered about everything that was discovered, didn't he, the blood,

05:01the hair, the envelope? He claims to have discovered them. Did you see Newt Lee when you went in Saturday?

05:06Yes. Who else did you see? Harry Denham and Alonzo Mann. Where did Mr. Frank go when he got there?

05:13Into his office. Who was the next man? Mr. Darley. Who was the next man or woman? Maddie Smith.

05:20Did you turn the building over to Newt Lee? Yes. How many Negroes worked in the building?

05:25Seven or eight? Always sweeping. Did you ever hear of a man named Stanford who had a mania for sweeping

05:31out and couldn't stop until he had swept the whole floor? Yes. He did it frequently. Do you remember

05:37seeing Mrs. Arthur White at the plant on the morning you left? Yes. Do you remember Miss Hall coming in?

05:43Yes. What was she doing? Writing on the typewriter. Remember Frank coming back from Montag's? Yes.

05:50Do you use these wrapping cords in any other part of the building beside the third floor? Yes,

05:55everywhere. Don't some of them get into the trash? Every day. Did not see Fagan. Did you see Mary

06:01Fagan that Saturday? No. Did you see Monteen Stover? No. Was Jim Conley familiar with the metal room?

06:08Sure he was, with every part of the factory. The solicitor took the witness. Where were Denham and

06:13White working on the third floor? Thirty feet from the elevator. What kind of lock was on the door where

06:18the

06:18blood was said to have been? Common lock. Why are these wrapping cords used on the second floor?

06:23To wrap up pencils. Whoever tied up pencils on the second floor? Nobody. Attorney Arnold began

06:29interrogating. Forgot to tell Dorsey. You forgot to tell Mr. Dorsey of sawing planks for Denham and

06:35White, and upon recollecting it, remembered about leaving the switch unlocked? Yes. The elevator makes

06:40a lot of noise? It surely does. Further questions were asked by Mr. Dorsey. Does the elevator or motor make

06:47the most noise? Motor. Upon removing Holloway from the stand, Judge Roan adjourned Thursday's session.

06:54Page four, column three. Frank's presence in office at time, he says he was there is denied by girl on

07:00stand. Following the Pinkerton detective testimony, the state introduced Miss Monteen Stover, who worked

07:06in the factory when Mary Fagan did. The girl was rather abashed when she first appeared, but turned out

07:12to be a witness who could relate exactly what she started out to tell, and who did not seem to

07:16get

07:16confused. Where do you work? asked the solicitor of the girl. Nowhere. Were you working on April 26th? No.

07:24When did you last work before the murder? On the Monday before the murder, she answered. Were you in the

07:30factory on April 26th? Yes, at 12.05. How long did you stay there? Five minutes. Why did you go

07:37there? To get my

07:38pay. What part of the factory were you in? I was on the second floor in Mr. Frank's office. Was

07:44Frank

07:44there or was anybody in the building? Mr. Frank was not there, and I saw no one in the building.

07:49How about the door just east of the girl's dressing room? Was it open or closed? I don't know. How

07:54were you dressed? I wore a little yellow hat, a brown dress, and hat on tennis slippers.

07:59Entered building at 12.05. Did you look at the clock? Yes, the first thing I did on going in

08:05was to

08:05look at the clock, and it showed that it was 12.05, and I looked at it when I went

08:09out, and it showed

08:1012.10. Did you see a coat or hat or any part of a man's apparel in Frank's office? No.

08:16Why did you

08:17leave? I thought that they had finished paying off. Ever go into that office before? No. May I show the

08:23witness this affidavit which she made and signed, Your Honor? asked Mr. Dorsey. He's got no right to

08:29do that, objected Mr. Rosser. I want to refresh her memory about the dressing room door, which she says

08:35was sometimes open and sometimes closed. When the girl stated that she had signed the affidavit after

08:40it had been read to her, but had not read it herself, Judge Rohn ruled that it could not be

08:45used to refresh her mind. Mr. Dorsey then declared he wanted to look up the law on that question and

08:50turned the witness over to the defense for cross-examination. When did you leave home,

08:55Miss Monteen? asked Mr. Rosser. I don't remember. Are there one or two offices on the second floor?

09:00Two. Did you notice the safe? No. Did you notice a wardrobe in which men's clothes were put?

09:07No. The witness was then asked, many questioned about the details of the office, but could give

09:12little in reply, waited on bench and hall. You saw no one in the office and didn't what, I presume?

09:17said Mr. Rosser. I stayed there long enough to see that no one was in, and then I went out

09:22into the

09:23hall and sat on a bench near the clock for about one and a half minutes. Did you see anyone

09:27you knew on

09:28your way to or from the factory? No. Who saw you when you first got home? My mother. Who else?

09:35Mr. McElreath and Mrs. Logerson. Attorney Rosser questioned the witness very carefully as to the

09:42first names or addresses of these persons as though he desired to get in touch with them.

09:46She knew the first name of neither, but declared McElreath was an insurance man.

09:51Did you go directly home from the factory? Yes. Do you work in the metal department? No.

09:57How often have you talked with Mr. Dorsey about this? Once. Did you work on the fourth floor? Yes.

10:04Who's your foreman? Arthur White. Do you get paid off in the office? No, outside. Does Schiff pay off?

10:11Sometimes he does, and sometimes another man does. Do you know anybody on the second floor? Yes,

10:17Mr. Darley and some of the girls who work there. Affidavit read by girl. After an argument,

10:22the solicitor then won his point for the girl to read her signed affidavit. She was told to read her

10:27signed affidavit. She was told to read it to herself and read slowly and with perfect composure,

10:32her lips moving as she scanned the words like a child would do.

10:36Well, what about that back door now? asked Mr. Dorsey. Sometimes it was open and sometimes it

10:41was closed, replied the girl, sticking to her original statement on the stand. When the factory

10:46was not running? Oh, the door was closed then, she said. All the time? asked the solicitor. Yes.

10:53He then made her tell that the door referred to was one leading back to the metal room and situated

10:58near the girls' dressing rooms. Mr. Rosser then asked her if she went to the solicitor's office

11:03before or after going to the grand jury, and she said before. She was allowed to come down from the

11:09stand at eleven forty after being up for about forty minutes. During Miss Stover's testimony,

11:14Leo Frank, the defendant, paid more attention to the examination of her than he had previously to

11:19any witness. When she was telling that she had been in the factory and found him not in his office

11:24at

11:24the very time he claims to have been there, he appeared to take a deep interest in what she said

11:29and eat staring at her and passing his hand over his chin after the manner described by Detective

11:34Scott. Page four, column three. With his pretty wife watching, Scott holds own with Rosser. While

11:41Detective Harry Scott was upon the witness stand yesterday morning, a pretty little woman sat on a

11:46front seat near the press table and clenched her hands in nervous anticipation and delight.

11:51It was his wife, who two years ago came all the way from Philadelphia to marry the Pinkerton man when

11:56he was transferred to the Atlanta office. She had come down to the trial just to hear her husband's

12:01testimony and to see how he came out of the fire of Rosser's cross-examination, which had so sorely

12:07riddled John Black, Scott's detective colleague, on the preceding afternoon. Honors were about evenly

12:12divided between Scott and Rosser during the two hours he was on the stand. All the while the

12:18little woman sat keenly expectant, her hands clenched, a constant eye on the stand. At the

12:24conclusion of his testimony she rushed through the rear door and ran to the front entrance,

12:28meeting the detective as he emerged, smiling from the courtroom.

12:32Oh, Harry, you were grand, she exclaimed as he reached the sidewalk. You just put it all over

12:37him, with which she called him aside in the shadow of the building where so many weren't looking and

12:43gave him an impetuous kiss, partly as a goodbye but mostly in congratulation. Then she caught a car

12:49for home, telling reporters that she had come to the trial only to hear the testimony of her husband.

12:54How can a person help giving good testimony with a wife like her looking on? asked Scott, as he

13:00disappeared into the witness room. Page 9, Column 7 asks police to report all burned-out lights.

13:07City electrician Turner has lodged a complaint against the police for failure to report street

13:11lights that are burned out, and has asked the electrical board to urge Chief Beavers to stir

13:16his men up. It is the duty of the police to make a report of all lights which they discover

13:21to be

13:21useless. The chief makes a report to the city electrician, and a certain amount is deducted

13:27from the Georgia Railway and Power Company bill at the end of the month.

Friday, 1st August 1913 Acquitted In The Same Court, She Believers Is Innocent, The Atlanta Constitution

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