Work of Choosing Jury for Trial of Frank Difficult

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Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

Veniremen Searchingly Examined by Both State and Defense

Slightest Objection Used to Disqualify—Attorneys Shrewdly Gauge Candidates from Every Angle.

In the selection of the twelve men to comprise the jury which will try Leo M. Frank for the murder of Mary Phagan, one of the bitterest contests of the great legal battle which begins Monday is anticipated.

That counsel for both the defense and State will probe deep into the character of each of the men drawn from the venire of 144 who take the stand for examination for jury service in this case is certain. The attorneys will endeavor to unearth in the character of the prospective juryman such traits as they may believe favorable or unfavorable to their case.

The slightest objection will be used to disqualify the man from becoming a member of the deciding tribunal. Under the cross-examination of such skilled lawyers as those who will appear in the Phagan case no iota of information which will tend to sway the verdict will remain concealed to to be carried into the jury box and fight against the delivery of justice.

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Trial to Surpass in Interest Any in Fulton County History

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Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

No murder trial in Fulton County ever has approached the spectacular interest which is in prospect in the Frank case from the first, sharp skirmish between the opposing attorneys, through the long, bitter legal battle, and to the final pleas of the prosecution and the defense.

The presence of Luther Z. Rosser and Reuben R. Arnold in the brilliant array of legal talent at once made certain that the trial would be out of the ordinary. Neither has the reputation of making a half-hearted fight when there is anything at stake. This time it is a man’s life that is depending upon their legal ability, their shrewdness and their eloquence.

Both have a disconcerting habit of carrying the fight to their opponents. In ring parlance, they do not give their courtroom rivals a chance to “get set.” This is going to keep the spectators constantly on the edge of expectation, and will furnish a series of exciting incidents that will give the Frank trial a place by itself in the criminal annals of Georgia.

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Phagan Case of Peculiar And Enthralling Interest

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Atlanta Georgian (Hearst’s Sunday American)
July 28th, 1913

As Leo Frank faces to-day the ordeal decreed by law that for man’s life, man’s life shall pay, interest in his case that has held Atlanta, Georgia and the South enthralled for three months has diminished not a whit since the Sunday morning the body of the little factory girl was found.

Wise judges of news, men who are paid thousands of dollars each year for their knowledge of the fickleness of the public, men who can time to the second the period when interest dies in one thing before the public eye to be born anew in another, have for years contended that no single item of news can sustain its interest longer than one brief week.

And yet for three months the public has read of Mary Phagan’s death and the quest for her slayer and their demand for this news has been insatiable.

That the vaunted insight of these news experts is as shallow as the mirror reflection of a beauty of the stage is the thought that common logic first presents.

The insight of these experts has not been at fault. On the contrary, it has been sustained. For in the mystery veiling the death of Mary Phagan and the trial of Leo Frank as her slayer, a more varied array of things that interest, thrill, horrify, shock and make men think is presented than in any one case developed since typesetting machines made the modern newspaper possible.

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Public Demands Frank Trial To-morrow

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Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

Old Police Reporter Sees No Cause for Delay

Either Side Asking Postponement Will Reveal Weakness, as Time Has Been Given for Preparation. Conley Is Center of Interest.

Defense Must Break Story of Negro or Face Difficult Situation. State Will Base Case on Chain of Circumstantial Evidence.

By AN OLD POLICE REPORTER.

The defense in the case of Leo Frank would have made a mistake, if current street comment counts for anything, had it decided to move for a continuance of the case to-morrow.

Indeed, the fact that the defense even was suspected of an intent to move for a continuance—righteously or otherwise—has not had a happy effect upon the public, even if it has not, on the other hand, served particularly to prejudice the case.

The people want the Frank case tried. I think there is no mistake about that.

And when it was rumored that it might be postponed, with the consent of the defense, even if not of its own motion, more than one person in Atlanta, even those inclined to be friendly to Frank, began, more or less impatiently, to ask themselves, WHY?

If the State is sure of itself, why delay? If the defense is sure of itself, why delay?

If either is not sure of itself, why, then, it must be because the one not sure of itself has a weak case. Thus reasons the public.

Leo Frank is guilty or he is not guilty.

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Defense Claims Conley and Lee Prepared Notes

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Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

Theory Is That Watchman Surprised Sweeper Attempting to Dispose of Body and Entered Into Pact.

An amazing chain of evidence, laying bare the mystery of the two notes found beside the body of Mary Phagan, which have proved the most baffling of all the facts connected with the girl’s murder, came to light as in the possession of the defense Saturday.

According to the theory of the defense, Conley murdered the girl and was unexpectedly discovered with her body in the basement of the pencil factory by Newt Lee; that the night watchman declared the blame for the murder would be placed upon himself instead of Conley, and that the two notes, laying the blame upon the negro fireman Knoyls, and openly accusing the night watchman of the crime, sealed an agreement of secrecy between Lee and Conley.

Motive of Notes.

The first note, written by Conley, to soothe Lee’s fears, is believed to have been the one reading:

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Every Bit of Evidence Against Frank Sifted and Tested, Declares Solicitor

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Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

Solicitor-General Hugh Dorsey, who will prosecute the case against Leo M. Frank, last night gave the Sunday American the following statement:

Without going into the merit of the State’s case against Leo M. Frank, charged with the murder of little Mary Phagan, the possibility of a mistake having been made is very remote.

To say why the State believes Frank to be guilty of this murder would be hurtful, and lay before the defense the evidence we have so carefully guarded.

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Prominent Atlantans Named On Frank Trial Jury Venire

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Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

The venire of 144 men from which twelve will be selected to decide the fate of Leo M. Frank is considered to be one of the most representative ever drawn from a petit jury box in Fulton County. Prominent among the prospective jurors are Joel Hurt, Dr. E. L. Connally and J. W. Alexander, capitalists: David Woodward, president of the Woodward Lumber Company; George Law, of Law Brothers; R. F. Shedden, of the Mutual Life Insurance Company; Thomas D. Meador, vice president of the Lowry National Bank, and Edwin F. Johnson, advertising man.

The complete jury list is printed below:

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State Bolsters Conley

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Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

Solves Discrepancies of Time

Mistaken Identity To Be Plea

Leo M. Frank Goes to Trial for the Slaying of Mary Phagan Monday, With Both Prosecution and the Defense Confident.

All Preparations Are Made for Big Crowds—Judge Roan to Be on Bench, Despite Recent Illness—Bitter Battle Expected.

Leo M. Frank will go on trial for his life to-morrow forenoon. With the beginning of the great legal battle, hardly more than 24 hours distant, it has been learned that the prosecution has overcome to its own satisfaction the greatest obstacle with which it has been confronted—the reconciling of the negro Conley with that contained in the statements of all the persons who visited the factory and were seen by Conley the day that Mary Phagan was murdered.

The most powerful argument against the truthfulness of the remarkable affidavit in which Conley told of helping Frank dispose of the body of the slain girl was contained in the fact that Conley’s original story in its designation of the time of various occurrences at the factory was in direct conflict with the statements of a number of the factory employees.

Miss Mattie Smith, one of the young women working for the National Pencil Company, told when she was first questioned of leaving the factory at about 9:30. Foreman M. B. Darley walked down the steps with her and said at the Coroner’s inquest that the hour was about 9:30.

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Frank Fights for Life Monday

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Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

Dorsey Ready to Avenge Mary Phagan

Mystery of Months Is Still Unsolved

Most Bitter Legal Battle in History of Atlanta Courts Is Expected—Case Will Probably Last for Weeks.

After three months of mystery in the death of Mary Phagan, a climax is at hand more tense, more dramatic, more breathlessly interesting to Atlanta and all Georgia than any situation of fiction. Leo M. Frank, employer of the little girl whose tragic death, April 26, stirred a State, will be brought to trial Monday on the charge that he killed her.

Frank’s trial is the crowning event of the hundred thrilling circumstances surrounding the tragedy. Whatever the outcome, regardless of Frank’s conviction or acquittal, the incidents that follow the trial will come as an anti-climax. The prosecution has cast almost all its chances for solving the mystery into the case it has prepared against Frank. Its heavy guns are trained against the factory superintendent. It has opposed the indictment of the single other suspect, the negro Jim Conley. The enthralled interest of a public has been pitched about the question: Is Leo Frank guilty?

FRANK DRAMA’S CENTRAL FIGURE.

Even the pitiful figure of the little factory girl, mysteriously slain, has become subordinate in interest to that of Frank. The young man’s own personality, his steadfastly loyal and loving family, his friends who affirm his innocence in the face of a dark suspicion, all have become factors in making Frank the central figure of the crime drama.

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Pinkerton Men Brand Lanford Charges False

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Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

Emphatic denial of the charges by Chief of Detectives Lanford that he had kept bad faith with the city department in connection with the investigation of the murder of Mary Phagan was made by H. B. Pierce, superintendent of the Pinkerton Detective Agency in Atlanta, Saturday night.

Chief Lanford’s accusations against the Pinkerton official were mainly that he had withheld evidence from the city police, especially the bloodstained stick and the pay envelope of the Phagan girl, both of which were found by Pinkerton operatives on the first floor of the factory and were later reported in possession of the defense. The Chief intimated that the Police Board would be asked to take action against Pierce personally.

“The stick was submitted to Chief Lanford by myself,” declared Mr. Pierce. “The Mary Phagan pay envelope was shown him by our representative, Harry Scott.

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Frank’s Lawyers Ready for Trial

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Atlanta Constitution
July 26th, 1913

They Have Started Summoning Witnesses and Are Quoted as Having Agreed to Go to Trial.

That Attorneys Reuben R. Arnold and Luther Z. Rosser, representing Leo M. Frank, charged with the Mary Phagan murder, have decided to go to trial Monday when the case is called was information made public Friday from an apparently reliable source. Coupled with this, and apparently making the trial doubly sure, is the news that the defense has started summoning its witnesses and making final preparations for the actual trial.

Solicitor Hugh M. Dorsey reiterated Friday his statement in regard to the stand the state has taken and declared that he would oppose every move for continuance, unless there should prove an extraordinary reason for putting it off.

Judge L. S. Roan who will conduct the trial and who was slightly ill Thursday, had apparently recovered Friday and expects to call the case Monday morning should nothing unusual happen.

Despite the fact that the attorneys for the defense still maintain a blank silence in regard to their position and decline to say whether or not they will ask for a postponement, the impression has got out that they have agreed to having the trial come off.

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Leo Frank Expects Acquittal and Asks an Immediate Trial

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Atlanta Journal
July 26th, 1913

Pencil Factory Superintendent Declares the Sooner He Faces a Jury the Sooner He’ll Gain His Freedom

ACCUSED OF PHAGAN CRIME, HE WELCOMES TRIAL DAY

Wife is Regular Visitor to the Tower—Frank’s Time In Prison Is Spent in Reading and Playing Chess

Leo M. Frank is ready and anxious to go on trial for his life before Judge Roan in the superior court next Monday morning, according to statements he has made to friends who visited him in his cell in the tower.

“The sooner I face the jury, the sooner I will gain my liberty,” he is quoted as having said.

This indicates that the factory superintendent, accused of the most atrocious crime in Atlanta’s history, is confident of an acquittal.

Frank is as fit physically to face a jury as he was the day he was incarcerated. He has not had a day’s sickness during his detention. He has lived regularly, getting eight hours of sleep and plenty of exercise.

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Chapter 5 in Phagan Case

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Atlanta Georgian
July 26th, 1913

The Negro Conley’s Confession That He Was Frank’s Accomplice and Events Leading Up to Trial.

Chapter VI.

“He (Leo Frank) told me that he had picked up a girl back there and had let her fall, and that her head had hit against something—he didn’t what it was—and for me to move her, and I hollered and told him the girl was dead.”

With this startling accusation Jim Conley introduced his third confession. Under the rack of a merciless third degree, continued through the long afternoon of May 29, he weakened or became desperate toward the last and came out with his remarkable affidavit, which laid the responsibility for the killing of Mary Phagan directly upon the shoulders of the young factory superintendent.

Either it was all true or all false. If it were true, the negro simply had wilted under the ceaseless fire of the detectives’ questions and had decided to own up to his share in the crime and to seek to protect Frank no longer. If it were false, Conley, driven to bay, had, as a forlorn hope of saving his own neck, concocted the marvelous tale to thrust the suspicion of guilt upon the innocent Frank.

Defense Attacks Confession.

The latter is the theory of Frank’s lawyers, and they will advance it and bring evidence to support it and argue in its favor with all the ability at their command when the trial, set for next Monday, is under way.

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Present New Evidence Against Frank

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Atlanta Georgian
July 26th, 1913

Both Sides Hide Vital Phagan Facts

State’s Prosecutor Shrouds Identity and Stories of Scores of Witnesses in Secrecy.

Prosecution and defense continued their preparations for the Frank trial Saturday, the last-hour hurry of interviewing new witnesses and gathering up the stray ends of evidence giving a fair promise that the trial will start as scheduled next Monday forenoon.

That Solicitor Dorsey has nearly a score of important witnesses whose testimony has been carefully guarded from the defense and the general public is well known. These witnesses have come to his office from time to time, and the Solicitor has refused to give out the vaguest intimation of the line of testimony they would give at the trial.

The prosecution has reserved their evidence to spring as a surprise during the trial. On these persons the State depends to clinch its case against the young factory superintendent. Some of them will be called to bear out different portions of the negro Conley’s affidavit, in which was told the story of the disposal of Mary Phagan’s body. The Solicitor is understood to have witnesses who will corroborate portions of Conley’s story which have been under the severest fire.

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Pinkerton Chief Scored by Lanford

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Atlanta Georgian
July 26th, 1913

Says Pierce Broke His Promise

Detective Head Also Asserts Phagan Evidence Private Sleuth Unearthed Was Plant.

Chief of Detectives Lanford roundly scored H. B. Pierce, head of the Pinkerton Detective Agency in Atlanta, Saturday for what he termed questionable procedure in connection with the Phagan murder investigation.

When application was made by the agency for permission to operate in Atlanta and the matter was under consideration by the Police Board, the promise was made that the Pinkerton’s would work in harmony with the city detective department and would co-operate in the apprehension of criminals.

This promise, according to Lanford, has been kept by all connected with the agency with the exception of Pierce. The Chief intimated that the Police Board would be asked to take action against Pierce personally.

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Try to Corroborate Story Told by Conley

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Atlanta Constitution
July 25th, 1913

Negro Is Taken in Chief’s Auto to Sections He Claims to Have Visited on Murder Night.

Jim Conley, the negro sweeper and most important figure in the Phagan case, was taken from police headquarters in the automobile of Chief Beavers yesterday afternoon and carried over the ground on which he accounts for his whereabouts during the afternoon of the murder.

He was in charge of Chief Beavers and Detectives Pat Campbell and John Starnes, headquarters men who have been attached to the solicitor’s office throughout the investigation.

He was driven through the Peters street neighborhood in which he says he spent most of the time on the afternoon of April 26, and he pointed out to the detectives and police head familiar spots he visited on that date.

An effort was also made to determine definitely whether or not W. H. Mincey, the insurance agent who says Conley admitted having killed a girl when they met at Carter and Electric streets on the murder afternoon, could have seen the negro at the designated spot.

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Work on Phagan Case Brings Promotion to Pinkerton Man

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Atlanta Constitution
July 25th, 1913

As a reward for his success in the Phagan mystery, Detective Harry Scott, assistant superintendent of the Atlanta Pinkerton offices, has been promoted to the superintendency of the Houston, Texas branch, to which he goes immediately following the close of the Frank trial.

Scott’s work has been declared to have been the most successful in the entire Phagan investigation. It was a result of his efforts that the famous Jim Conley confession was obtained, in which admission the negro acknowledged complicity and accused Leo Frank of the actual murder.

The search was at Scott’s direction, which revealed the Phagan pay envelope and the bloody club found in the factory building. He engineered the third degree against Conley, and, assisted by John Black, of police headquarters, procured the evidence which exacted the negro’s confession.

Scott has been attached to the Atlanta offices for two years. He came from the Philadelphia headquarters, where he was assistant superintendent of the Pennsylvania branch. He is married, and is only 27 years old. His experience dates back for seven years, at the beginning of which time he left college for service with the Pinkerton forces.

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Chiefs Will Probe Removal of Conley

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Atlanta Constitution
July 25th, 1913

Negro Was Taken to Tower Without Knowledge of Beavers or Lanford.

Action is likely to be taken against Detective John Starnes and Pat Campbell, who Wednesday afternoon carried Jim Conley, the negro in the Phagan case, from police headquarters to the Tower without permission of either Chief Beavers or Chief Lanford.

When asked by a Constitution reporter Thursday afternoon what steps he would probably take against the detectives, Chief Beavers declined to talk. He inferred, however, that an investigation would likely result and that action would be taken.

Conley was taken from the station house prison shortly before noon Wednesday without the knowledge, it is said, of even Desk Sergeant Arch Holcombe. He was taken to the Tower for a four-hour examination in the cell of Newt Lee, which examination was promoted by Solicitor General Dorsey and his associate, Frank Hooper.

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Veniremen Drawn for Frank Trial

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Atlanta Constitution
July 25th, 1913

One Hundred and Forty-Four Names Drawn From Jury Box—No Effort So Far at Postponement.

The veniremen from which it is expected to choose the jury for the trial Monday of Leo M. Frank, charged with the Mary Phagan murder, was drawn yesterday afternoon by Judge John T. Pendleton, at the request of Judge L. S. Roan, who returned from Covington, Ga., slightly ill.

The names of 144 men were drawn from the petit jury box, and as far as is known no actual attempt was made to have them drawn from the grand jury box, as the attorneys for Frank originally desired.

For the past week the rumor has gone the rounds that Attorneys Reuben R. Arnold and L. Z. Rosser, for the defense, would move to postpone the trial. They have so far made no statement in regard to this matter, and decline to assert whether they will endeavor to secure a postponement or not.

Solicitor Hugh M. Dorsey declared in most emphatic terms Thursday that he was ready for trial and would exert every effort to prevent a delay. Judge Roan, who was seen at his apartments at 15 East Merritts avenue, declared that he expected to be well again today, as he had merely suffered an attack of indigestion.

He stated that he expected to be able to preside, and would call the case Monday morning, on the date set. Judge Roan has been on the bench for over ten years, and has a record of never having missed a day from his duties as judge, and also of never having failed to open court on the minute.

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Frank Will Likely Face Trial Monday for Phagan Crime

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Atlanta Journal
July 25th, 1913

Defense Subpoenaes 150 Witnesses, and If Any of the Chief Witnesses Are Ill, Continuance Can Be Asked

JUDGE ROAN, WHO WAS ILL, IS REPORTED IMPROVED

Indications Now Are That Defense Will Make No Effort to Have Trial Put Off—144 Veniremen Summoned

The stage is set for the trial of Leo M. Frank for the murder of Mary Phagan on April 26.

Veniremen and witnesses for the defense are being summoned. The witnesses for the state are already under subpoena.

Judge L. S. Roan, who was ill Thursday, is better and ready for the trial. Solicitor General Hugh M. Dorsey will insist on a trial.

The attitude of the defense alone is problematical. Neither the state nor the defense is required to announce ready or not ready before a case is actually called in the court room, and apparently there will be no intimation from the defense until 9 o’clock Monday morning, when the clerk calls the name of the defendant in Atlanta’s most sensational murder case.

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