Phagan Mystery Club Examined by Experts

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Atlanta Constitution
July 24th, 1913

Report Says That It Has Been Sent to Northern City to Be Put Under Microscope.

That the bloody club found in the National Pencil factory after the murder of Mary Phagan is in some northern city undergoing microscopic examination after having been inspected by local experts, is a rumor that prevailed at police headquarters yesterday.

Upon being examined by an Atlanta expert, who, it is said, declared that it would be impossible to determine whether or not the blood spots were from animal or human, the weapon was sent north for more minute examination. Frank’s lawyers will not discuss the rumor.

There are a number of blood spots on one end of the stick. It is several inches in length and more than an inch in diameter. It is round and the same size of the regulation rolling pin used to move heavy boxes and objects. The spots are dim and barely discernible.

Chief Lanford, in discussing the discover, said that the Pinkertons, in finding the club and turning it over to attorneys for the defense, had violated their pact with the police department, as the find had never been made known to anyone at headquarters until word of it was published Tuesday.

The report of a bloody glove, apparently having been worn by a young girl, having been found in the pencil factory, was also in circulation Wednesday.

Conley and Lee Meet in Tower

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Atlanta Constitution
July 24th, 1913

For First Time Since Mary Phagan Was Killed Two Negroes Are Brought Face to Face.

James Conley, a sweeper at the National Pencil factory, and Newt Lee, night watchman, who carried the police to where Mary Phagan’s body lay on the morning of April 27, were brought face to face yesterday afternoon in the tower by Solicitor Hugh M. Dorsey and Frank A. Hooper, an attorney who is aiding the solicitor.

J. M. Gantt was taken there by the attorneys, as he knew Conley while both were working for the pencil factory. Attorney Hooper stated after that nothing of importance was gained by the meeting of the ntwo negroes, except that Conley declared at the meeting that Lee had nothing to do with the crime.

The negroes were questioned together for about two hours, and then Conley was taken back to police station. The entire story of each one was gone over thoroughly by the attorneys, who wished to see if they would stick to what they told at first.

Frank and State Ready.

The state, through Solicitor General Hugh M. Dorsey, has declared its readiness to go on with the trial of Leo M. Frank, charged with the murder of Mary Phagan, on next Monday, the date set by Judge L. S. Roan, and as Frank himself asserted to Sheriff C. W. Mangum in the Tower yesterday that he was ready and anxious for the trial to proceed, it appears that no postponement will be asked.

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Frank’s Trial May be Postponed Until Early in the Fall

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Atlanta Journal
July 24th, 1913

Judge L. S. Roan, Who Will Preside at the Trial, Returns to Atlanta Thursday Afternoon and Is Ill

SOLICITOR SAYS STATE WITNESSES ARE READY

Reuben Arnold, One of Frank’s Attorneys, Returns After Conference in Covington With Judge Roan

Judge L. S. Roan, who will preside at the trial of Leo M. Frank when he is arraigned for the murder of Mary Phagan, returned from Covington Thursday afternoon quite ill and went immediately to his home. He will be unable to go to the court house during the afternoon, but announces that the venire will be drawn by Judge John T. Pendleton, at his request.

Reuben R. Arnold, associate attorney in the defense of Mr. Frank, returned from Covington on the same train with Judge Roan. He declined to make any statement in reference to his visit to Covington. It could not be learned from him whether he had discussed the possibility of a postponement with Judge Roan or whether the defense would make formal application for postponement.

The impression prevails, however, that the defense will seek a postponement and there is said to be a strong probability that the case will not go to trial before early fall.

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Frank Trial Delay up to Roan

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Atlanta Georgian
July 24th, 1913

STATE READY AND WILL FIGHT A DELAY

Solicitor Disappointed When Court Fails to Draw Jury Panels at Time Planned.

With the belief growing that a serious effort is being made to delay the trial of Leo Frank, set for next Monday, Solicitor General Hugh M. Dorsey Thursday renewed his protest against further postponement in a vigorous statement, declaring the prosecution is ready with a complete case against the National Pencil Company factory head, accused of killing Mary Phagan.

The trial date rests entirely with Judge Roan, who is in Covington. The drawing of the jury venire awaited word from him, expected some time during the afternoon. At his home it was said the Judge would not return until to-morrow.

Reuben R. Arnold, of counsel for Frank, was said to have consulted with Judge Roan in Covington and presented arguments for delay, but the truth of this report could not be established.

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Third Chapter in Phagan Mystery

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Atlanta Georgian
July 24th, 1913

Arrests of Suspects in the Factory Slaying. Sensation as Leo Frank, Manager Was Taken Into Custody.

CHAPTER III.

Everything that occurred, trivial or important, during those first few days after the body of little Mary Phagan was discovered in the pencil factory basement took on a dramatic aspect. The people were keyed to so high a pitch by the revolting crime that for for a time it seemed to require only a spark to fire them to violent deeds.

Let a strange person so much as appear at the police station to confer with Chief of Detectives Lanford and wild rumors spread about the whole city like magic. Let one of the detectives drop a careless remark and in a flash everyone mysteriously understood that a complete confession had been made to the police by the murderer.

So it was a sinister reception that the first catch in the detectives’ dragnet received from the group of angry men when he was hurried to police headquarters Sunday night of the day after the factory girl had been slain.

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Veneir [sic] is Drawn to Try Leo M. Frank Monday

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Atlanta Georgian
July 24th, 1913

JUDGE ANNOUNCES HE IS READY TO TRY CASE; 144 MEN EMPANELLED

Says He Has Not Even Been Asked for Postponement, and Sees No Reason Why Trial Should Not Begin On Date Fixed.

Jim Conley, the negro sweeper of the National Pencil Factory, was taken from the police station late Thursday afternoon by Detectives Starnes and Campbell to verify certain of his statements and to point out certain witnesses, who, he told the detectives, would be able to refute the affidavit of W. H. Mincey by showing that he was not at the point where Mincey swears the negro confessed he “had killed a girl” on the afternoon of the murder. The detectives would not divulge the location of the places to be visited.

Judge L. S. Roan, home from Covington, late Thursday, declared to a Georgian reporter that he saw no reason why the trial of Leo M. Frank, accused of the murder of Mary Phagan, should not begin Monday.

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Let the Frank Trial Go On

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Atlanta Georgian
July 24th, 1913

Leo Frank should be placed on trial Monday for the murder of Mary Phagan.

The crime was committed April 26; Frank was arrested April 28; he was indicted Mary 23 and his trial set for June 30.

At the suggestion of the judge in whose court the trial is to take place, a postponement was agreed on, and the date of the trial moved up to July 28.

Now attempts are being made to secure another postponement. The only reason given to the public is that the weather is hot and it would be disagreeable to hold the trial in the summer.

Of course it is hot, but it isn’t any hotter in the court room than it is in jail.

Both the prosecution and the defense have had ample time to prepare their cases. If Frank is guilty, the State can prove his guilt as well now as later on; if he is innocent, the defense can prove his innocence as well in summer as in winter.

The public has taken a keen interest in the Phagan case and it will demand that the man who killed her be punished, whether that man is Frank or someone else. Furthermore, it is tired of delays.

Public sentiment is where it was on the date first set for Frank’s trial and it will be at the same place if the trial is delayed for a year.

Atlantans are awaiting the trial with open minds. They are not holding themselves up as judges. They know the law is supreme and they want it to take its course. But they want that course taken without seemingly endless delays.

Bloody Club Lends New Clue to Mystery

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Atlanta Constitution
July 23rd, 1913

Defense of Leo Frank Attaches Importance to Find Made by Pinkerton Detectives.

The discovery of a bloody bludgeon on the third floor of the National Pencil factory has added greater mystery to the Phagan case. It became known yesterday that Leo Frank’s defense is in possession of the weapon and that it will be used as one of their strongest points in the coming trial.

The club is a short, thick stick with small spots of blood at the end. It was found by Pinkerton detectives on May 10 after headquarters detectives had searched every spot of the building for available clues. Luther Rosser, Frank’s counsel, refuses to discuss the find.

The club was discovered only a few feet from the spot at which the pay envelope was found. That it is a prized possession of the defense is indicated by the secrecy with which it had been guarded. Its discovery has created theories pointing strongly to the negro Conley, and it is rumored that the defense will strive to convince the jury that the girl was slain by the club in hands of the negro sweeper.

Give Right of Way to Case of Frank

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Atlanta Constitution
July 23rd, 1913

Attorneys for Relatives in the Crawford Will Hearing Are Willing to Yield Their Claim of Priority.

The conflict between the dates of hearing the litigation over the $250,000 estate of the late Joshua B. Crawford, and the trial of Leo M. Frank, charged with the Mary Phagan murder, may cause a postponement of the Frank trial, as Attorneys Reuben R. Arnold and Luther Z. Rosser are connected with both cases.

The Crawford hearing will be renewed today and by right of priority takes precedence over the other trial. It is expected, however, than an arrangement will be made whereby Attorneys Burton Smith and P. H. Brewster, representing Mrs. Mary Belle Crawford, the defendant, will continue the case and Attorneys Arnold and Rosser, also on the side of the defendant, will devote their time to the defense of Frank.

Crawford Attorneys Willing.

Attorneys J. S. James and Albert Kemper, representing the plaintiffs in the Crawford case, stated that under no circumstances did they wish to put off the Frank trial and that as far as their side was concerned the Crawford hearing might be postponed until the criminal case was disposed of.

Judge L. S. Roan, who is to preside over the trial of Frank, has stated that he would call the case Monday, but Attorney Arnold had declared that he wants the question of whether or not it is to be heard settled before the jurymen are summoned and a hearing in regard to that is expected this week.

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Fight Expected Over Effort to Defer Frank Case

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Atlanta Journal
July 23, 1913

No Witnesses for Defense Have Been Called for Monday, and Indications Are They Will Not Be

CRAWFORD CASE CHECKED TO DATE OF FRANK TRIAL

Attorney R. R. Arnold May Go to Covington to Request Judge L. S. Roan to Postpone Case

While the position of the defense of Leo M. Frank has not been announced, Attorney Luther Z. Rosser and Reuben R. Arnold have indicated clearly that they desire to postpone the trial of case from next Monday, when it is set. Solicitor General Hugh M. Dorsey, on the other hand, has announced the state’s position. He will fight any and every move to postpone the case.

The solicitor general objected, when the case was postponed from June 30, the date he first fixed, and fought to have a date earlier than July 28 when he then saw that postponement was inevitable. Now he is again preparing to fight against further delay.

Deputy Sheriff Plennie Minor was instructed by Judge L. S. Roan, to bring the jury box to Judge John T. Pendleton with the request that he draw the venire for the trial on Thursday morning before the trial judge left to hold court this week in Covington.

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Lanford Ridicules Bludgeon Evidence

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Atlanta Georgian
July 23rd, 1913

Scouts New ‘Proof’ of Defense

Detective Chief Scoffs at Claim of Evidence That Club Used by Negro Was Found.

Chief of Detectives Newport Lanford Wednesday morning ridiculed the story that the defense of Leo M. Frank has in its possession a bloody club, alleged to have been found by two Pinkerton detectives on May 10 in the National Pencil Factory, and with which, it is reported, the defense will contend Mary Phagan was slain by James Conley, the negro sweeper.

Asserting that he knows nothing whatever of the alleged bloody club, Chief Lanford declared that, if Pinkerton detectives found such a weapon on May 10, or any other date, they had failed to report the fact to him. Failure to officially report such a find would be regarded as a breach of the pact between the city detectives and the Pinkertons, as the latter officers, while employed by the pencil factory, have been working hand in hand with city detectives, with the understanding that any evidence they unearthed would be communicated to detective headquarters.

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Second Chapter in Phagan Mystery

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Atlanta Georgian
July 23rd, 1913

The Discovery of the Body of the Slain Factory Girl and Start of Hunt for Slayer.

CHAPTER II.

His heart pounding in superstitious fright, Newt Lee, the night watchman, forced himself to approach the strange object on the pile of debris in the pencil factory basement. A step nearer and he could make out what appeared to be a human foot. He recoiled and was on the point of precipitate flight.

But he must look closer, he thought. Perhaps, after all, it was only the ghastly prank of some of the factory employees who had manufactured a rude effigy and placed it there to scare him.

Determinedly he walked closer and thrust his lantern out over the mysterious object. He shrieked. Before his horrified eyes the shaky and uncertain light of his lantern disclosed the body of a little girl.

Grimed, bloody and mutilated the body lay on the flat of its back, as the terrified negro remembered it afterward, although the police, coming a few minutes later, found the body on its face, one arm drawn slightly up under the body and the other stretched full length at the side.

Discrepancy Not Explained.

This strange discrepancy never has been explained to the public except by the possibility that Lee, in his terror, was mistaken in the position he believed the body was in when he discovered it. Conley, telling his remarkable story three weeks later, said that he dumped the girl’s body face downward on the trash pile where it later was come upon by Lee.

Lee was to oappalled [sic] by his grewsome find to make a close investigation. He only saw that it was a little white girl and that she had been murdered. With frightened steps he hurried to the ladder at the other end of the basement. He was in a panic. He scuttled up the ladder and dropped the trap door over it. He felt a bit relieved away from the blackness of the basement and the awful thing that it contained.

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Conley is Confronted with Lee – Dorsey Grills Negroes in Same Cell at Jail

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Atlanta Georgian
July 23rd, 1913

TRACE FOUND HERE OF NEGRO SAID TO HAVE SEEN PHAGAN SLAYING

Sister of Will Green Tells Police He Slept at Home at Hour Girl Was Slain; Jim Conley, Factory Sweeer [sic] Again Grilled.

The two negro principals in the Phagan case—Newt Lee and Jim Conley—were put on the grill together in the cell of the former in the county jail by Solicitor Dorsey and his assistant, Frank G. Hooper, late Wednesday afternoon.

Present at the cross-examination were J. M. Gantt, former pencil factory employee, and Detectives Starnes and Campbell, the officers who have had charge of Conley for the past several weeks. After half an hour’s questioning Gantt left the jail. Solicitor Dorsey and the others remained and the questioning of the two negroes continued until a late hour. Conley was then taken back to police headquarters.

Here are Wednesday’s important developments in the Phagan murder mystery:

Bloodstained glove of Mary Phagan is said to have been found on the first floor near the place the discovery of her pay envelope was made.

New evidence is found tending to establish the identity of the negro, Will Green, said to have seen the attack upon Mary Phagan.

Newt Lee, negro night watchman at the pencil factory, undergoes a grilling examination at the hands of Solicitor General Dorsey and his associate counsel, Frank A. Hooper.

J. M. Gantt, expected to give sensational evidence for the prosecution at the trial, is in conference with the solicitor and present at the grilling of Lee.

Leo M. Frank tells Sheriff Mangum that he is eager for the trial to begin, and will be ready when it is called Monday morning.

Solicitor Dorsey announces that he will insist that there be no further delay.

It became known Wednesday that the defense in the Frank case had been informed that the negro, Will Green, who is said to have been shooting craps with Jim Conley the day that Mary Phagan was murdered and to have seen her attacked, and the Will Green living at 105 Thurmond street, Atlanta, are the same person.

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Was Mary Phagan Killed With Bludgeon?

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Atlanta Journal
July 22nd, 1913

BLOODY STICK NOW IN POSSESSION OF FRANK’S ATTORNEYS

Was Found on May 10 by Two Pinkerton Detectives on the First Floor of the Pencil Factory

DEFENSE TO CLAIM NEGRO WIELDED THE INSTRUMENT

It Was Sent to Chemist Outside of State for Examination—Subpenas Issued for State’s Witness

In the possession of the defense of Leo M. Frank is a bloody bludgeon with which it will be claimed at the trial, in all probability, that James Conley, the negro sweeper, struck Mary Phagan over the head while she battled on the first floor of the National Pencil factory for her life.

While it has been known for weeks that the defense of Frank will try to pit the crime on the negro, the claim that any weapon other than the negro’s hands and the cords placed about her neck, were used, is an absolutely new development to the public, although the bloody stick, about an inch in diameter, has been in the possession of the defense since May 10.

It is said that it was found in the factory on that date by two Pinkerton operatives, L. P. Whitfield and W. D. McWorth, who at that time were conducting a systematic search of the factory.

According to the story, which has come to The Journal on excellent authority, on May 9, after city detectives, factory employees, various private sleuths and quite a few curiosity seekers had searched for nearly two weeks without finding any new clues to throw light on the tragedy. Whitefield and McWorth, two of the Pinkerton operatives, who are on the “silent force” never appearing before the public, went to the factory for a new examination of the big building, which was the scene of Atlanta’s most sensational tragedy.

They started on the second floor, where the state maintains that Mary Phagan met her death, and spent the entire day going over that floor.

By the next ddy [sic], May 10, the detectives had reached the third floor of the building. They went back by the boxes upon which Conley says he sat while waiting for instructions from the factory superintendent. Some ten or fifteen feet past the boxes and considerably past the elevator shaft, by a door, and on top of some trash, the Pinkerton men found the bloody bludgeon, right by the spot where the part of a pay envelope with the name Mary Phagan written upon it lay.

EXAMINED BY CHEMIST.

Evidently the defense of Frank considers the find of the two sleuths as important, for the story of the stick has been zealously guarded from the public. In addition, presumably to make certain that the fact of the existence of the stick would not reach the public, it was sent out of the state to a famous chemist, who made an anlysis [sic] to determine whether or not the blood on the primitive weapon was that of a human or an animal. The examination is said to have shown it to be the former.

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Story of Phagan Case by Chapters

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Atlanta Georgian
July 22nd, 1913

Slaying of Factory Girl, South’s Most Baffling Crime Mystery, Reviewed in Detail.

CHAPTER I.

Will the veil of mystery be lifted when the curtain rises next Monday on another scene in Atlanta’s darkest tragedy?

A vast audience, shocked by the horror of Mary Phagan’s fate on a Saturday of last April and held through the succeeding weeks in the thrall of the baffling crime drama, in keen suspense awaits this question’s answer.

Will Fulton County’s Solicitor General be able to point his finger at Leo M. Frank and exclaim, “That is the man who strangled Mary Phagan!” backing his damning accusation with such abundance of evidence that there can remain no shadow of doubt?

Or will Luther Rosser, certain to be a towering and masterful factor in the titanic struggle that is to be staged, unmask his strength, bring to bear the secret evidence that has been in his possession for weeks, beat down every bulwark of suspicion that the State has erected about its prisoner and, as a dramatic finale, assail the negro, Jim Conley, cowering in the witness stand, with a ranking volley of questions that will leave the negro man shaken and terrified, a confession of the crime upon his lips?

Whole State Stirred.

All of Atlanta—most of the State—is hanging with the most intense interest on the outcome.

No other crime ever stirred Georgia to its depths as has the slaying of the little factory girl.

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Grand Jury Defers Action on Conley

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Atlanta Georgian
July 22nd, 1913

TALK OF POSTPONING FRANK TRIAL TILL FALL

Protest of Solicitor Dorsey Wins

Presents Evidence Showing Indictment of Negro Would Hinder Frank Prosecution.

Here are the important developments of Monday in the Phagan case:

The decision of the Grand Jury of Fulton County not to bring at this time an indictment against James Conley.

The information that there is a strong probability of another postponement of the trial of Leo M. Frank.

The Grand Jury’s refusal to reopen its investigation of the Phagan murder mystery was a decided victory for the Solicitor after that body had overridden his request that no session be called to take up the matter in any of its aspects.

A report that Judge L. S. Roan who will preside at the Frank trial had signified his desire that the case be put off until fall, gave rise to the expectation that another postponement will take place, and that the date probably will be set for some week in September.

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Defense Asks Ruling on Delaying Frank Trial

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Atlanta Georgian
July 22, 1913

Hearing of Crawford Case May Conflict

Conference Planned to Decide Which Shall Take Precedence. Ready to Draw Venire.

Reuben R. Arnold, of counsel for Leo M. Frank, announced Tuesday that he proposed to seek a conference of the attorneys in the Frank case and in the Crawford will hearing to determine which case should be postponed next Monday, the date set for the beginning of the trial of Frank on the charge of slaying Mary Phagan.

Mr. Arnold, Luther Z. Rosser, chief of counsel for Frank, both also are attorneys in the Crawford will case, and it would be impossible on this account to conduct the two cases simultaneously. The Crawford hearing will resume Wednesday before a special auditor in a branch of the Superior Court, and undoubtedly will be in progress next week if it is not stopped by a postponement.

The will hearing, because of the fact that it already is under way, would have a natural precedence over the Frank trial. This may be waived, however, in order to take up the Phagan mystery.

None of the attorneys for the defense will say that they intend to ask for a postponement of the Frank trial, but the hot weather and the fact that the Crawford case is in progress at this time appear to be combining to bring about such a consummation.

Judge Roan has stated that the case would be called Monday, but he probably will accede to the request for a conference some day this week to discuss the matter.

Court Likely to Accede.

Attorney Arnold will ask that the jurymen be not summoned until a definite decision is reached as to which of the cases is to take precedence.

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Will Not Indict Jim Conley Now, Jury’s Decision

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The Atlanta Journal

Monday, July 21, 1913

Solicitor Dorsey Makes Brief Announcement to This Effect After Grand Jury Session Lasting Over an Hour

NO ANONYMOUS LETTERS WANTED BY THE JURORS

Solicitor Dorsey Will Now Concentrate Efforts Against Having Frank Jury Drawing From Grand Jury List

Solicitor General Hugh M. Dorsey has for a second time blocked an attempt by members of the grand jury to indict James Conley, the negro sweeper, who confessed complicity in the Mary Phagan murder.

The grand jurymen who had called a meeting over the protest of the solicitor to consider taking up a bill against the negro listened to the prosecuting official for more than an hour Monday morning, and then authorized him to announce that the matter will not be taken up at this time.

DORSEY MAKES STATEMENT.

The solicitor wrote out his statement, which is as follows:

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Grand Jury Meets to Consider Conley Case

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The Atlanta Georgian

Monday, July 21, 1913

Protest of Solicitor Will Be Heeded

Foreman Declares Inquisitorial Body Will Not Ride “Roughshod” Over Dorsey.

With Solicitor Dorsey reaffirming his certainty that Jim Conley will not be indicted before the tral [sic] of Leo M. Frank and declaring that he will fight with all his vigor any movement in that direction, the Grand Jury members gathered in the Thrower Building Monday morning in response to the call of Foreman Beatie to decide whether they will reopen their investigation of the Phagan murder mystery.

A strong probability that no action would be taken during the day arose when it became known that there were only eighteen of the grand jurors in the city, a bare quorum. In the event that all of the eighteen did not appear, there still was the opportunity to go out and summon talesmen at random to serve on the Grand Jury, but no statement was made as to whether this legal privilege would be exercised.

No Witnesses Called.

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Alan Dershowitz’s Introduction to Dinnerstein’s The Leo Frank Case

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Dershowitz

Introduction
By Alan M. Dershowitz

The trial, conviction, death sentence and its commutation and eventual lynching of Leo Frank during the second decade of the twentieth century, constitute a major episode not only in American legal history, but also in the development of American political institutions. The Knights of Mary Phagan, formed to avenge the murder of the young factory worker for which Frank was convicted, became an important component of the twentieth century resurrection of the Ku Klux Klan. The Anti-Defamation League of B’nai Brith was founded in reaction to the anti-Semitism generated – or at least disclosed – by the Frank case.

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