On Monday, July 28, 08:00 a.m., a crowd began to gather outside a courthouse in Atlanta, Georgia. A squad of police officers and deputy sheriffs directed traffic on the main street, and hundreds of people walked through the entrance of the red building and up a short flight of stairs to the door of the room where the trial was held. Inside, a dozen electric fans and ozone generators were installed to clean the air and keep the atmosphere as cool as possible. Benches were installed instead of chairs and the seating capacity increased to 250. Only storytellers, lawyers, journalists, close friends of the prisoners and a few spectators were admitted. Frank was taken out of his cell at the Fulton County Jail just before 7:00 a.m. and spent the hours leading up to the court date chatting with them and other relatives. He was brought to court before 9:00 a.m. and chose a seat in front of the judge. Attorneys Luther Z. Rosser, Reuben R. Arnold, and Herbert Haas arrived, followed by a dozen assistants with papers and laws. Solicitor General Hugh M. Dorsey announced on behalf of the defense that he was prepared to proceed with the case. Attorney Arnold stood ready to oppose the motion to stay.
At 09:00, Judge L.S. Roan strode into the courtroom and Sheriff Mangum and Chief Lieutenant Plennie Minor lined up for orders. The material state witnesses that were called included the following individuals: Mr. J.W. Coleman, Mrs. J.W. Coleman, George W. Epps, Newsboy Polizei Sargent, LS. Dobbs, City Detective Eltharns, W. W. Rogers, Bayless City Detective John Black, Miss Grace Hicks, L. M. Gantt, Pinkerton Detective Harry Scott, City Detective B.B. Haslett, E.F. Holloway, M.B. Darley, Dr. William A. Giesling. Claude Smith, Urban Microbiologist, Ph.D. J.W. Hart, Coroner, Ph.D. H.F. Harris, E.L. Perry, E.S. Smith and Miss Monteen Stover. Attorney Dorsey have announced that they have not waived their intention to be called to the witness stand as directed by Judge Roan. The defense then named the following witnesses, all of whom responded: Annie Hickson, Mrs. Levi, Mrs. Josephine Salig, Emile Salig, H.J. Henze, R.H. Haas, W.H Mincey, J.S. T. Spear, E.F. Skipper, E.L. Centel, May Barrett, Ch. Carson, Mrs. Rebecca Carson, Harry Denham, Harry Gottheimer, Miss Corinthia Hall, Miss Hattie Hall, Mary Burke, Remy Quinn , Herbert J. Schiff, Ella Thomas, CB. Gilbert, Grank Payne, Eura Flowers, Alonzo Mann, Joseph Steger, Ike Strauss, J. C. Loeb, L. J. Cohen, Emma Bibb, Mrs. Bessie White, Joe Williams, Wade Campbell, William McKinley, J. E. Lyons, Dora Lavender, M.O. Nix, Jerome Michael.
At 8.40pm, the first of the 12 jurors was called to the court for questioning. Lawyer Dorsey asked each juror his usual formal questions. Are you related or married to the accused, the deceased, or the prosecutor?
