Sunday, 3rd August 1913 Detective Waggoner Describes Extreme Nervousness of Frank, The Atlanta Constitution

Atlanta Constitution
August 3rd, 1913

City Detective D. L. Waggoner was called to the stand following Miss Ferguson Attorney Rosser immediately raised the objection that he had been in the court room and the solicitor declared that he did not know whether or not the detective had Waggoner stated that he was present for about 20 minutes Wednesday.

"He was not sworn and put under the rule," explained Solicitor Dorsey, "because I did not know that I would need him."

The defense made no further objection and the examination began.

"How long have you been on the force, Mr. Waggoner?" the solicitor asked.

"About four years, in all."

"Where were you on Tuesday, April 29?"

"From 10:30 to a little after 11 that morning I was in front of the National Pencil factory."

"Did you see Frank?"
"Yes."
"What did he do?"
"I was standing on the sidewalk across the street and saw him repeatedly come to the window and go back. He would look down and repeatedly twist his hands. He walked to the window and back in his office out of my sight about twelve times in the half an hour I stayed there."

"Was Frank nervous when you were with him?"
"Yes, on the way to the station house I rode in the auto with him and Black and Starnes and all the way down there his legs were trembling just like that."

The witness held up both hands and made them quiver and shake.

Mr. Rosser then began the cross-examination.

"Frank sat between you and Black, didn't he?"
"No, not between us. I was next to him though."
"Did you see any other people in the office when you were looking at Frank from the street below?"

"Yes."
"Who were they?"
"I don't know who they were."
"Did you go there to arrest Frank?"
"No, I was sent there to watch the factory and keep a general lookout."
"Did you know he would be arrested?"
"No, I didn't know it, but I thought he might be."
Waggoner was excused from the stand after this.