Another in our series of new transcriptions of contemporary articles on the Leo Frank case.
July 27th, 1913
Greatest Legal Battle in the History of Dixie Is the Prediction of Atlanta Attorneys
ATTORNEYS FOR STATE HOLD FINAL CONFERENCE
Representatives of Leo Frank Still Non-Committal About Report That Postponement May Be Asked
Practically every detail for the trial of Leo M. Frank has now been completed and with the state declaring its readiness and determination to go to trial and the defense maintaining its same silence in regard to the much mooted matter of postponement every thing awaits the calling of the case at 9 o’clock Monday morning in the criminal branch of superior court before Judge L. S. Roan.
In far more than one was the trial of the young factory superintendent for the murder on April 26 of Mary Phagan an employee, is expected to exceed any criminal trial in the south.
Extensive preparations have been made by both the state and the defense since Frank was bound over by the coroner’s jury on May 8 and since then the lines of the two armies which will fight the legal battle to determine his fate have been gradually thrown out and maneuvering has been going on for advantageous points.
Greatest Legal Battle.
When the clash actually comes in the court room Atlanta attorneys freely predict that the greatest legal battle of southern history will be seen.
Solicitor Hugh M. Dorsey held a final conference Saturday afternoon with those who have been aiding him. Assistant Solicitor E. A. Stephens and Attorney Frank A. Hooper who will aid in the legal fight, were present, and also Detectives Pat Campbell and John N. Starnes who have been practically attached to the solicitors office during the preparation.
At the close of the conference the solicitor announced that he had made every preparation, and would take a good rest today in order to be in physical readiness for the severe strain of next week.
“Go home and sleep well tonight and go to church tomorrow and pray that the right side may win,” were his parting words to Attorney Hooper, who answered, “Well, Hugh, I always done that before I entered a big case, an’ I’ve always left it to the Lord to decide which was the right side.”
When the solicitor and his assistants left his office the books and papers which the solicitor will carry into court with him Monday had been wrapped up and placed in the safe to be taken out before going to court.
On the side of the defense Attorneys Reuben R. Arnold, Luther Z. Rosser and Herbert Haas have very little to say. To the query as to the probability of their asking for a continuance the answer invariably is, “We are not in a position to make a statement now.”
It is not believed that the defense will announce its intention until Clerk John H. Jones actually calls the name of the defendant in court.
It is known, however, that the defense has been working for the past two days in closing up the final gaps and bringing together the last stray bits of evidence with as much zeal as though they fully intended to go to trial.
Witnesses for the defense have been summoned to the number of 150 or more, and these summonses have been served by attaches of the lawyers who will defend Frank.
While it is said that practically all of the witnesses for the defense have been served with subpoenas and thus must come into court or face contempt proceedings, it was said Saturday that several had not been formally served and that efforts were unavailing to reach one witness.
One Witness Missing.
This man, about the material value of whose testimony the defense will give no inkling, is said to have joined the navy and been sent way from Atlanta within a short time ago. Whether he did this out of love for Uncle Sam’s ocean life or whether it was because he desired to avoid the tiresome task of waiting each day to be called upon to testify is not known.
As to whether or not his absence would give grounds for a continuance lies in the value of his testimony, as were he a material witness the case would in all probability be delayed until he could be brought back to Atlanta.
In the courtroom itself preparations are complete to the last detail. Extra benches and chairs have been placed in the room until every available seating space is filled up, and the judge has announced that when these are filled that his deputies will be required to exclude others who may desire to enter.
Courtroom Will be Cool.
As a means of keeping the air fresh and cool eight electric fans have been installed about the walls of the room and seven ozonators have been placed in various parts of the room. The latter machines, which are a novelty to the average man, are somewhat on the pattern of those machines used by rescuers in mine disasters and by an electrical process free oxygen and send it forth to supply that which the people in the courtroom have used up.
Deputy Sheriff Plennie Minor and Lon Burdett with a corps of assistants will be in direct charge during the trial. Judge Roan has given them strict orders about handling the crowds that are expected.
On Saturday Deputy Miner asked that the following announcement be made in regard to conditions which will prevail. Inside the rail which surrounds the judge’s desk the lawyers and principals will be allowed, and a table in one corner has been reserved for the press.
In the seats reserved for spectators anyone who comes in early enough will have a seat. No one will be allowed to stand, as there is no room left which is not taken up by chairs, except that reserved for the aisles.
Theoretically every citizen of Fulton, or any other county, has a right to attend the hearing, and theoretically every bona fide member of the Atlanta bar has a right within the railing. On account of the physical impossibility of accommodating everyone within the confines of the courtroom many will have to be excluded.
There Will Be No Space.
“I want to ask my good friends to maintain perfect quiet and order,” said Deputy Miner in his usual soft drawl, “an’ I want them to remember that when I ask them to stand back and not try to come in, it’s because there is no space for them an’ not because I have any desire to keep them out. I wish every one who wants to hear the case could do so, but they can’t, an’ it’s for the sake of the folks who can’t get in that I have reserved a table and seats for the newspaper men who will report the trial.”
Deputy Miner practically finished serving the veniremen on Saturday and the list of the 144 names drawn Thursday from the jury box was made public.
From the 144 veniremen drawn from the jury box the lawyers will select the jurors. Provided that this list is exhausted before twelve men are chosen other venires may be drawn, for talesmen may be brought into court by the deputy sheriffs.
It is expected that more than the 144 men drawn will be required before the jury is picked, as numbers of these men will have formed conclusions one way or the other, while possibly many others will state that they oppose capital punishment. When the venireman states that he has formed a conclusion or opposes capital punishment he is thereby removed from the list. Other reasons may strike many more off the list, while the state has the right to strike ten names arbitrarily and the defense may strike twenty in a similar way. In the list which was given out by the court officers Saturday the addresses are given for all but nine veniremen.
The list follows.
C. A. Virgin, Kirkwood.
J. D. Hardy, College Park.
J. M. Defoore, East Point.
Bud Waits, College Park.
W. W. Sorrells, Hapeville.
Sol Benjamin, 348 Whitehall street.
P. H. Miller, Peachtree district.
C. J. Bosshardt, 215 Bryan street.
W. S. Copelan, Oak Grove.
O. T. Camp, president Camp Grocery company, 309 Oakland avenue, also 277 Grant street.
A. W. Brewerton, catroonist [sic], Journal, 45 West Peachtree place.
F. W. Stone, 82 East Linden street.
W. H. Wynne, 196 Cleburne avenue.
W. A. Abercrombie, Blackhall district.
R. G. Elliott, Atlanta Agricultural Works, Glendale.
T. C. Lauren, tailor, 18 Decatur street.
Le. E. Smith Hapeville.
C. T. Hopkins, Jr., sales agent Forest & George Adair, 403 North Boulevard.
W. D. Cates, South Bend.
R. F. Shedden, Mutual Life of New York, Grant building, 30 East Linden street.
T. G. Young, foreman Georgia Railway and Power company, 42 Loomie avenue.
D. D. Henry, 178 Oakland avenue.
Howard Oliver, College Park.
H. E. Lackey, 4 Rosedale avenue.
James F. Hasty, Collins district.
Alfred Barlill, Jr., architect, Grant building.
O. L. Spurlin, 156 Lawton street.
A. H. Henslee, 74 Oak street.
Thomas D. Meador, Imperial hotel.
R. E. Biggers, carpenter, 745 Glenn.
F. V. L. Smith, Empire building, 481 Cherokee avenue.
R. L. Cliett, 58 Boulevard place.
H. R. Callaway, 691 Piedmont avenue.
A. J. Shide, 45 Lucy street.
F. A. Hull, 60 Milledge avenue, 130 Grant street.
Edward E. Hawkins, Collins district.
H. D. Huribut.
S. J. McDowell, street car conductor, 80 Waddell street.
W. W. Brown, 107 Peachtree place or 217 Glenwood avenue.
Edwin F. Johnson, vice president Appeal Publishing company, 176 West Peachtree street.
J. L. Fulghum, Hapeville.
W. C. Willis, East Point.
H. C. Hasty, manager of collections National Cash Register company, 261 Jones avenue.
George Law Summoned.
George R. Law, 4 Whitehall street, residence 205 Ashby.
F. M. York, brick mason, 221 Cooper street.
A. H. Cook, carpenter Atlanta National bank, 252 East Georgian avenue.
Charles H. Candler, 114 Elizabeth street.
George R. Wall, 139 Hill street.
S. C. Owens, East Point.
J. C. Henderson, salesman 60 Peachtree, residence 413 Piedmont, also 332 Houston.
J. W. Helsman.
D. M. Brown, Colege Park.
W. J. Brooks, 224 East Fair, clerk Seaboard.
R. J. Baldwin, Hapeville.
D. Townsend, paying teller Central Bank and Trust corporation, 84 Whitehall terrace.
R. A. Thompson, 152 Ashby, 549 Peachtree street, 199 Cooper street, 79 McLendon avenue.
C. C. Thorne, general agent Equitable building, 135 East North avenue.
C. A. Vaughn, Collins district.
R. A. Palmer, 68 Austin avenue.
Ben F. Willis, Cooks district.
C. M. Patten, Hapeville.
Carl Weinmeister, superintendent gas mains, 27 Elbert street.
S. L. Miller, manager Atlanta Granite company, 27 Fraser street.
Henry L. Solomonson, 71 Sells avenue.
C. S. Johnson, 140 Gaskill street.
L. A. Hendon, bookkeeper Royal Insurance company, 91 West Fifth street.
W. S. Medcalf.
Homer C. Ashford, 83 East Fifth street.
E. C. Wachendorff, architect, Empire building, 22 Willow street.
Nicholas Ittner, 234 Forrest avenue.
J. C. Harrison, 304 Capitol avenue.
W. H. Hudson, 298 Myrtle street.
H. Maness, 47 Bell street.
G. R. Jilner.
John S Head, Oak Grove.
C. H. Allen.
V. N. Carroll, 1292-A Marietta street.
Insurance Man Called.
Robert Schmidt, insurance, Temple Court building, 195 Angier avenue.
T. F. Barber, 281 East Georgia avenue, 10 Clifton street.
H. B. Chamberlain, Peachtree district.
O Wingate, 328 Edgewood avenue.
T. F. Winslow, rooms 29 Boulevard terrace.
C. A. Withers, rooms 15 Simpson street.
A. W. Wafford.
W. F. Burdett, Buckhead district.
H. H. Kelly, Blackhall district.
M. A. Lang.
John W. Bowlin, Collins district.
C. W. Gittens, Hapeville.
H. T. Ferguson, machinist, 332 East Georgia avenue.
W. L. Merk, contractor, 108 Grant street.
G. F. Hardy, 514 St. Charles avenue.
F. E. Walker, 610 North Boulevard.
F. L. Connally, 53 Ashby street.
T. R. Sale, conductor Seaboard Air Line, 186 North Moreland avenue.
Elmo Moore, East Point.
W. S. Gaston, 481 Whitehall street.
C. L. Ashbury, 44 Park avenue.
J. W. Chatham, stonecutter, 132 Jones avenue.
C. W. Seagraves, Collins district.
J. A. McCrary, 78 East North avenue.
L. A. Helms, real estate, 253 Forrest avenue.
T. J. Henderson, carpenter, 25 Woodson street.
L. F. Davis, auto garage, 148 Bellwood avenue.
David Woodward, 655 Peachtree street, president Woodward Lumber company.
J. E. Betterton, College Park.
J. H. Holcomb, Oakland City.
M. J. Sewell, East Point.
J. F. Higdon, contractor, 108 Ormond avenue.
F. E. Winburn, 218 Lucile avenue.
Charles Witherspoon, 23 Vedado way.
Walter H. Scott, meats and groceries, 205 Little or 215 Gordon, cashier National Biscuit company.
H. J. Kuglar, South Bend.
T. J. Hale, South Bend.
J. P. Hays, South Bend.
A. L. Wisbey, 31 Hood street, cashier, Buckeye Oil company.
E. L. Winn, real estate, 502 Peters building, 1210 Peachtree street.
Joel Hurt, Equitable building, 85 Elizabeth.
W. H. Abbott, 234 Rawson, deputy clerk superior court.
K. P. Mason, Peachtree district.
W. M. Jeffries, Collins district.
Boyd Perry, insurance, 537 North Boulevard.
M. Johenning, foreman, 271 Marietta street, 161 Jones avenue.
M. S. Woodward, salesman King Hardware company, 192 Park.
Samuel Schoen, 214 Washington, hides and tallow.
W. F. Wingleton (Singleton).
Earl Davis, Collins district.
C. F. Cantrell, 1 South Gordon, buyer Keely company.
W. M. Donehoo, Buckhead district.
John W. Woodruff, clerk railway mail, 58 Cooper street.
David W. Perdue, Collins district.
George Mathieson, Buckhead.
S. J. Hayles, 20 Flatshoals avenue.
John W. Alexander, 439 South Pryor street.
John W. Collier, real estate, 81 Washington.
J. E. Redd.
Y. R. Norris, Blackhall district.
W. W. Hammett, salesman, 34 Decatur.
A. F. Bellingrath, plumber, 91 Milledge avenue.
D. Berger, groceries, 378 Capitol avenue.
E. A. Massa, manufacturer, 305 East Fair street.
J. T. Osburn.
J. H. Gilbert, South Bend.
H. H. Jones, street car conductor, 69 East Ashland avenue.