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Atlanta Constitution
August 1st, 1913

NEW TESTIMONY GIVEN AT TRIAL OF LEO M. FRANK BY R. B. BARRETT

Machinist at Pencil Factory Tells Jury of Discovery of Murdered Girl's Pay Envelope and of Strands of Hair Near Her Machine in Metal Room on Second Floor.

HENRY [sic] SCOTT PUZZLES BOTH SIDES OF CASE BY EVIDENCE THURSDAY

E. L. Holloway, Who Swore in Affidavit That Elevator Was Closed on Saturday, the Day of the Murder, Admits on Stand That He Was Mistaken—"I've Been Trapped," Cries Dorsey.

The first piece of new testimony of any importance which has developed since the beginning of the Leo M. Frank trial came Thursday morning, when R. B. Barrett, a machinist employed at the National Pencil factory, testified that he had found what was supposed to be Mary Phagan's pay envelope near her machine in the metal room. Up to this time the matter of the pay envelope had been a complete mystery. Barrett also testified to having discovered blood stains on the floor near her machine, and a strand of hair on the machine. The blood stain had been wiped over with some kind of white preparation.

The whole gist of Solicitor Dorsey's questioning was to prove that the murder was committed on the second floor. The testimony of this witness and others seemed to bear out this contention.

Scott Proves Surprise.

Harry Scott, of the Pinkerton Detective agency, who has been employed by the National Pencil factory to ferret out the murderer, proved a strong witness for the state, although at first it looked as if he would prove of more value to the defense.

In the early stages of his examination by Solicitor Dorsey Scott was asked if, on his first meeting with Leo M. Frank, the accused had not appeared extremely nervous. This was on Monday following the murder. Scott denied this to be a fact. Solicitor Dorsey became excited and intimated that he had been "trapped;" that the witness was not giving the testimony he had been led to expect.

Scott grew healed and exclaimed:

"I hope you do not infer that I am withholding anything!"

Solicitor Dorsey said he did not, and from that time on Scott told in details of his connection with the case.

Among other things he said that either Frank or Darley had told him on Monday following the murder that Gantt had been very familiar and intimate with Mary Phagan. He also testified that on Tuesday night at the station home Frank had been very nervous; that he had repeatedly crossed his legs, felt of his chin, and that he took deep breaths—more like sighs than anything else.

Haas Wanted to See Reports.

He stated that Herbert Haas, one of Frank's attorneys, had suggested that the Pinkertons turn over all evidence to him before it was given the police department, and that he declined to consider any such proposal, stating he would throw up the case first.

Luther Rosser failed to shake Scott's testimony.

Frank Was Not There.

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Transcript
00:00Holloway denies affidavit. He signed for solicitor. Atlanta Constitution, August 1st, 1913.
00:06New testimony given at trial of Leo M. Frank by R.B. Barrett. Machinist at Pencil Factory tells
00:12jury of discovery of murdered girls' pay envelope and of strands of hair near her machine in metal
00:17room on second floor. Henry Scott puzzles both sides of case by evidence Thursday. L. Holloway,
00:23who swore an affidavit that elevator was closed on Saturday the day of the murder,
00:27admits on stand that he was mistaken. I've been trapped, cries Dorsey. The first piece of new
00:34testimony of any importance which has developed since the beginning of the Leo M. Frank trial came
00:38Thursday morning when R.B. Barrett, a machinist employed at the National Pencil Factory, testified
00:44that he had found what was supposed to be Mary Fagan's pay envelope near her machine in the metal
00:49room. Up to this time the matter of the pay envelope had been a complete mystery. Barrett also testified
00:55to having discovered bloodstains on the floor near her machine and a strand of hair on the machine.
01:00The bloodstain had been wiped over with some kind of white preparation. The whole gist of
01:05Solicitor Dorsey's questioning was to prove that the murder was committed on the second floor.
01:10The testimony of this witness and others seemed to bear out this contention. Scott proves surprise.
01:16Harry Scott of the Pinkerton Detective Agency, who has been employed by the National Pencil Factory to
01:21ferret out the murderer, proved a strong witness for the state, although at first it looked as if he
01:26would prove of more value to the defense. In the early stages of his examination by Solicitor Dorsey,
01:33Scott was asked if, on his first meeting with Leo M. Frank, the accused had not appeared extremely
01:38nervous. This was on Monday following the murder. Scott denied this to be a fact. Solicitor Dorsey became
01:45excited and intimated that he had been trapped, that the witness was not giving the testimony he had been
01:50led to expect. Scott grew healed and exclaimed, I hope you do not infer that I am withholding
01:56anything. Solicitor Dorsey said he did not, and from that time on Scott told in details of his
02:02connection with the case. Among other things he said that either Frank or Darley had told him on
02:07Monday following the murder that Gant had been very familiar and intimate with Mary Fagan.
02:11He also testified that on Tuesday night at the station home Frank had been very nervous,
02:16that he had repeatedly crossed his legs, felt of his chin, and that he took deep breaths more like
02:22sighs than anything else. Haas wanted to see reports. He stated that Herbert Haas, one of Frank's
02:28attorneys, had suggested that the Pinkertons turn over all evidence to him before it was given the
02:32police department, and that he declined to consider any such proposal, stating he would throw up the
02:38case first. Luther Rosser failed to shake Scott's testimony. Frank was not there. Monteen Stover,
02:44a former employee of the pencil factory, testified that she had gone to Frank's office at five
02:49minutes after twelve o'clock on Memorial Day, and that Frank was not there. She had remained in the
02:55building fully five minutes and saw no one. Frank has claimed that he was in his office at that time.
03:01Dr. Claude Smith testified to making an examination of the bloody shirt found at Newt Lee's home.
03:06He said he had examined the neckband and it did not have the appearance of having been worn.
03:10No odor could be detected on the underside of the sleeves. He also testified to making an
03:16examination of the blood stains found on the floor. He could not state whether or not this
03:21was human blood. Holloway contradicts himself. E.L. Holloway, an employee of the pencil factory who
03:27had previously signed an affidavit that the power box on the elevator was closed on Saturday, the day
03:32of the murder, admitted that he was mistaken, that he had opened the box and hung up the key in
03:37Frank's
03:38office. His affidavit was placed in evidence, and Judge Roan ruled that certain parts of it were
03:43admissible. Summing up the day's testimony, the weight of it was not so favorable to the defendant
03:48as on the day previous. The courtroom continues to attract large crowds. Mrs. Callie Applebaum,
03:54recently acquitted of killing her husband, was one of the interested spectators.

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