Grants Right to Demand Lee’s Freedom

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Georgian

Tuesday, July 8, 1913

Negro’s Counsel Secures Chance to Argue for Habeas Corpus Writ Wednesday.

Reuben R. Arnold, of counsel for Leo M. Frank, communicated with Sheriff Mangum Tuesday afternoon directing him under no circumstances to permit the removal of Frank to appear Wednesday as a witness in the habeas corpus hearing to free Newt Lee.

“There is no law on earth to bring Frank to court under an order as a witness,” said Arnold. Attorney Rosser, chief of counsel, was absent from the city Tuesday.

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Accused Policemen Will Face Commission Tuesday

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Journal

Monday, July 7, 1913

The entire board of twelve police commissioners, including the mayor and the chairman of the police committee of council as ex-officio members, is expected to be in attendance Tuesday evening at the trial of the eight policemen recently suspended by Chief J. L. Beavers.

Chairman Carlos Mason, who has missed only one meeting during his five years’ service on the board, returned Monday from a vacation especially to attend the trial, and all other members are expected to be there.

The eight suspended policemen are involved in the police scandal revolving around the raiding of a blind tiger, disorderly house and dance hall, operated at 127 Auburn avenue by a negress by the name of Ola Bradley.

The majority of the suspended policemen have engaged attorneys to defend them before the police commissioners, and lively scenes during the trials are expected.

As the evidence against most of the policemen is largely of the same character and will be delivered by the same witness, it is expected that all of the eight trials will be completed at the meeting Tuesday evening.

* * *

The Atlanta Journal, July 7th 1913, “Accused Policemen Will Face Commission Tuesday,” Leo Frank case newspaper article series (Original PDF)

Young Woman Tells Startling Story of Vice From “Inside”

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Journal

Monday, July 7, 1913

Confessions to Chief of Police Beavers Involve Downtown Hotel, Mention Names of Other Women and Men

IMMEDIATE PROBE OF HER CHARGES ORDERED

Police Again Arrest Mrs. Frierson, Recently Pardoned by Mayor Woodward in Controversy With Judge Broyles

Revelations of vice conditions from the inside were laid before Chief of Police Beavers Monday morning by the confession of a young woman who gives her name as Hattie Smith and says that her parents live at a certain number on Marietta street.

Chief Beavers immediately detailed men to investigate the disclosures, and the indications were that several arrests would follow and that a case would be made against at least one downtown hotel and perhaps against two.

The young woman, who says that she is seventeen years old, told the chief a story replete with startling admissions and placed in his hands the evidence which, if it is corroborated, will convict several people of serious charges.

She had been arrested in a downtown hotel with a man. Her companion was released upon a small bond, being cited to appear in court with her Monday afternoon.

The young woman admitted a joy-riding career during several months past, leading up finally to the day recently when with the aid of another woman more experienced than herself she established a residence in one of the downtown hotels. Her admissions involved that hotel and others, and involved, too, several men whom she named. The other woman arranged the details of her hotel residence, said she registered her on the hotel registry, and otherwise encouraged her.

The charge against her on the police docket is “disorderly conduct.”

The police believe that her arrest and confession together form one of the most important chapters in the crusade against vice in Atlanta.

OTHER ARRESTS MADE.

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Police Hunt Principals in Expose

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Georgian

Tuesday, July 8, 1913

Search Records of Guests for the Leaders of System Named by Girl Victim.

A general rounding up of hotel registers by detectives for the identification of notorious men and women added the latest sensation in the vice investigation instituted following the startling disclosures of Hattie Smith, the pretty 17-year-old girl, who claims to be the victim of the “system.”

The first move was made Tuesday morning when the manager of the Cumberland Hotel was subpenaed to appear in Police Court with his register that afternoon. The register will be examined by the Smith girl to identify the names of men and women who, she claims, frequent the hotel.

Detectives say they will examine every hotel register figuring in this latest expose to identify the names of parties involved. In each case the register will be searched carefully and the name of every person noted as to character and general reputation.

Get Evidence for Court.

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Operations of Slavers in Hotels Bared

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Georgian

Monday, July 7, 1913

Victim Tells Beavers Names of Women and Man Engaged in Traffic in Girls.

A new and sensational expose of vice conditions said to be prevalent in Atlanta was made Monday morning by Hattie Smith, a pretty 17-year-old girl, who was arrested in a hotel which was raided Sunday night.

If the statements of the Smith girl, who made a confession of her own guilt to the Chief, are true, Atlanta is in the clutches of one of the best organized vice systems in existence.

Certain downtown hotels, the girl claims, are the rendezvous of women procurers who go out on the streets and entice young girls in where they are provided with every comfort and convenience, in addition to being carried out on long automobile rides by strange men.

Gives Chief Names.

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Lee’s Attorney is Ready for Writ Fight

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Georgian

Monday, July 7, 1913

Habeas Corpus Move to Free Negro in Phagan Case Due to Start Monday.

Habeas corpus proceedings in behalf of Newt Lee, negro night watchman at the National Pencil Factory, were promised Monday by the negro’s attorney, Bernard L. Chappell. Settlement of this phase of the Phagan murder mystery will determine definitely the status of the negro.

It is known that the State regards Lee as a material witness in building up its case against Frank. The attitude of Mr. Chappell is that his client knows no more about [the] crime than he already has told, and should therefore be freed. Lee has told the detectives nothing which links any man directly with the crime. By the defense, his story is held to point to the guilt of Leo Frank no more than to the guilt of Conley.

The State, however, will fight any effort to give the negro his liberty. Solicitor Dorsey fears that Lee will get out of the jurisdiction of the court once he is permitted his freedom.

The battle over Lee is the only outward sign of activity in the Phagan case etiher [sic] by the defense or the prosecution, but it is known that the defense is busily engaged completing its case. One new witness was interviewed Saturday by Frank’s lawyers, and his affidavit taken before a notary public. A strong net is being woven about Conley. The nature of the testimony is being kept secret, but it is known that the defense expects to free Frank by showing that it was Conley who committed the crime. The negro is said to be enmeshed in the testimony in the hands of the defense.

Despite rumors of another postponement, attorneys for the defense and prosecution said Monday that they would be ready to go ahead with the case at the time set for trial, July 28, and that they knew of no reason for further delay.

Jury to Consider Indicting Conley.

What was considered a direct reference to the Phagan case was made in the charge of Superior Judge George L. Bell to the Grand Jury Monday morning. He said he wanted to place particular emphasis on recent “horrible homicides” and urged the jury to probe deep in an effort to find clews that would lead to perpetrators.

The Grand Jury was organized at 9 o’clock Monday morning with W. D. Beattie foreman. Judge Bell made one of the shortest charges ever delivered in a Fulton County courtroom.

Immediately following the charge the jury went into executive session to consider bills presented by the Solicitor’s office. After to-day’s session the calendar of criminal business will be disposed of, and the jury will have every opportunity to take up any matters it might see fit.

A meeting will be called later in the week when a definite plan of action will be outlined for the term. It was regarded as likely that the Phagan case would be reopened and an indictment against Jim Conley considered.

Other matters that might be taken up are recent developments with the police department, in which eight patrolmen were suspended for alleged corruption, the counter charges of corruption made by them and charges of open vice.

* * *

The Atlanta Georgian, July 7th 1913, “Lee’s Attorney is Ready for Writ Fight,” Leo Frank case newspaper article series (Original PDF)

New Move in Phagan Case by Solicitor

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Georgian

Sunday, July 6, 1913

Dorsey Will Endeavor to Force Defense to Disclose Their Documentary Evidence.

ACT IS COUNTERSTROKE

Frank’s Attorneys Said to Have Affidavits Exonerating Frank and Indicating Conley’s Guilt.

A sensational turn in the Phagan murder mystery, according to one of the attorneys for the defense, will develop next week when Solicitor General Hugh M. Dorsey issues a subpena duces tecum on Attorneys Luther Z. Rosser and Reuben Arnold, citing them to produce all the affidavits they have secured that bear on the crime.

The movement is in the nature of a counterstroke to block the pending subpenas duces tecum filed by the defense, citing the State to produce all the affidavits that have been secured.

The defense strongly maintains that it will win its point and that the prosecution will suffer. The attorneys say that the Constitution of the State clearly outlines the action of the court in such matters—”that the defendant is entitled to be faced with all the evidence against him”—while the prosecution will labor under the handicap that “a defendant is innocent until he is proven guilty.”

Dorsey Is Silent.

While no announcement would be made by Solicitor Dorsey relative to the contemplated subpenas duces tecum, it was intimated by him that such action might be taken at an early date, and that when it was the defense and the prosecution would lock horns in the first decisive battle in the sensational case.

Affidavits that are sought by the defense are the three different sworn statements of the negro, Jim Conley, the affidavit given by the negro cook at the Frank home, Minola McKnight, the Formby affidavit and the affidavit of Monteen Stover, the girl who stated that she entered Frank’s office at a time when he said he was there, and found the office deserted.

The State will seek to obtain affidavits contradicting their theory and placing the crime on the negro sweeper, Jim Conley. These affidavits are said to deal principally with the time different witnesses entered and left the factory April 26, the most vital question in the trial.

Affidavits of Defense.

The defense is said to be in possession of affidavits that show Monteen Stover entered and departed from the factory before Mary Phagan’s car reached the heart of the city; that the negro Jim Conley entered the factory earlier in the day than he said he did, and that he, instead of the indicted pencil factory superintendent, committed the murder, because the superintendent left the factory at least ten minutes before Conley said he helped him dispose of the body, and that the Formby affidavit, a one-time sensational bit of evidence substantiating the defense, was given by the woman at the behest of the police detectives without regard for its accuracy, and that Mrs. Formby has since admitted that she never knew Leo M. Frank or heard of him until he was held as a suspect in connection with the murder.

* * *

The Atlanta Georgian, July 6th 1913, “New Move in Phagan Case by Solicitor,” Leo Frank case newspaper article series (Original PDF)

Phagan Case Centers on Conley; Negro Lone Hope of Both Sides

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Georgian

Sunday, July 6, 1913

*Editor’s Note: See insert article, “Decisions Which May Aid Defense of Frank”, at the conclusion of this post.

Frank Expects Freedom by Breaking Down Accuser’s Testimony, and State a Conviction by Establishing Truth of Statements.

BY AN OLD POLICE REPORTER.

The developments in the Phagan case have been of late highly significant and interesting.

During the past week, it became evident that the very heart and soul of both the prosecution and the defense is to center largely about the negro, James Conley.

He is at once apparently the hope and the despair of both sides to the contest!

This circumstance, however, while tending to add much to the dramatic and the uncertain, in so far as the outcome is concerned, is not by any means an unusual thing in cases of this kind.

It frequently happens in mysterious murder cases that both the State and the defense must pin their faith to one and the same witness.

Of late there has been some talk of the Grand Jury indicting Conley, even over the Solicitor General’s head, which, of course, it would have a perfect right to do.

The thought occurred to me some time ago that the case might take that direction, but in the article in which that point was discussed, I mentioned it incidentally, rather than as a likely thing.

Indictment may Mean Much.

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Application to Release Lee is Ready to File

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Georgian

Sunday, July 6, 1913

Negro’s Lawyer Says He Will Offer Habeas Corpus When Solicitor Dorsey Returns.

On account of the absence from the city of Prosecuting Attorney Hugh M. Dosey [sic], Bernard L. Chappell, attorney for Newt Lee, announced Saturday that he would not file a writ of habeas corpus until Monday. He claims in the petition for the release of the negro that Lee is being held unlawfully and without any charge against him.

Solicitor Dorsey left for his country place at Valdosta, Ga., Saturady [sic] morning. He will return Monday.

Solicitor General Hugh M. Dorsey will ask the courts to hold the negro as a material witness for the State, or may charge him with being an accessory. He was determined Friday to take no chances on so important a witness getting out of his control, as he feared the negro might get beyond the jurisdiction of the courts if given his liberty.

Attorney Chappell and Solicitor Dorsey had agreed, when the negro was committed to jail, to keep him there until the trial. Chappell notified Dorsey Wednesday that he wished to withdraw from the agreement and get his client freed.

Chief Discounts Conley Rumor.

The announcement Friday that the defense had secured an important and damaging affidavit that connected the State’s star witness, Jim Conley, more directly with the crime created a sensation in the ranks of the prosecution.

Chief of Detectives Newport A. Lanford announced that every movement of the negro on the day of the crime had been “checked up,” and that it was a matter of impossibility to find anything more damaging against him than his admission that he helped dispose of the body at the request of Frank.

In commenting on the affidavit secured at the office of Joseph H. Leavitt Thursday the attorney said that it would be almost impossible for the prosecution to break down any statement that was made in the affidavit when the witness was placed on the stand.

Calls Evidence Vital.

He said the witness was a citizen of high standing and would be one of the most important for the defense of Frank.

Attorney Leavitt said that this particular affidavit was one of more than 50 that had been recently secured that dealt almost exclusively with the movements of the negro on the day of the murder. While he would not comment at any length, he intimated that the defense had been able to establish conclusively the exact time Conley entered and left the factory.

He also intimated that affidavits had been secured that would show what time Monteen Stover entered and left the factory and be able to prove she left before Mary Phagan’s car reached the vicinity of the pencil factory.

* * *

The Atlanta Georgian, July 6th 1913, “Application to Release Lee is Ready to File,” Leo Frank case newspaper article series (Original PDF)

New Audio Book: The American Mercury on Leo Frank – Judge Leonard Roan’s Charge to the Jury

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Judge Leonard Strickland Roan

THIS WEEK we present our final installment of our audio books on the subject of the 1913 trial of Leo M. Frank for the strangling and sex murder of his 13-year-old sweatshop employee, Mary Phagan. Today we hear the words of Judge Leonard Strickland Roan in his charge to the jury, exactly as they were uttered more than a century ago. A few hours later, the jury returned its verdict of guilty.

The Leo Frank case was one of the major factors that led to the founding of the prominent Jewish pressure group, the ADL.

This new audio book series encompasses the American Mercury’s extensive coverage of the 1913 Frank trial. We are presenting the extensive arguments, both for the defense and the prosecution, in order and in full — a monumental, book-length project. Judge Roan’s charge to the jury is the last section of this audio book presentation.

Click on the “play” button to listen to the audio book, read by Vanessa Neubauer.

Here is the text version of Judge Roan’s charge to the jury:

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New Audio Book: The American Mercury on Leo Frank – Dorsey’s Closing Arguments, part 6

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Leo Frank

THIS WEEK we present the sixth and last audio book installment of prosecutor Hugh Dorsey’s closing arguments in the 1913 trial of Leo M. Frank (pictured) for the strangling and sex murder of his 13-year-old sweatshop employee Mary Phagan. In this dramatic conclusion, you hear the words that the jury heard, the words that would lead them, a short time later, to find Leo Frank guilty of murder.

Even more than 100 years later, we are still feeling the repercussions of this case — which led to the founding of the prominent Jewish pressure group, the ADL, and which profoundly influenced the course of Jewish-Gentile relations in the United States.

This new audio book series encompasses the American Mercury’s extensive coverage of the 1913 Frank trial. We are presenting the extensive arguments, both for the defense and the prosecution, in order and in full — a monumental, book-length project. Today’s presentation is the sixth and last section of Hugh Dorsey’s final statement.

Click on the “play” button to listen to the audio book, read by Vanessa Neubauer.

Mr. Dorsey powerfully recounts all the evidence in the case that sustains Jim Conley’s version of events (the Frank forces were, by this time, attempting to frame Conley for the crime):

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Fight for Newt Lee’s Freedom is Delayed

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Journal

Saturday, July 5, 1913

Bernard Chappell, His Lawyer, Expects to Bring Habeas Corpus on Monday

Bernard L. Chappell, attorney for Newt Lee, the [negro watchman], who found the body of Mary Phagan, declared Saturday that he had been unable to complete all of his work in connection with his proposed filing of a habeas corpus writ in an effort to liberate his client.

Mr. Chappelle [sic] said that he had expected to file the writ Saturday, but was delayed, and is now certain he can file it by Monday morning.

Mr. Chappell asserted that sensational developments might be expected when the writ is heard.

* * *

The Atlanta Journal, July 5th 1913, “Fight for Newt Lee’s Freedom is Delayed,” Leo Frank case newspaper article series (Original PDF)

New Audio Book: The American Mercury on Leo Frank – Dorsey’s Closing Arguments, part 5

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The jury listens attentively in the Leo Frank trial

THIS WEEK we present the fifth and next-to-last audio book installment of prosecutor Hugh Dorsey’s closing arguments in the 1913 trial of Leo M. Frank for the strangling and sex murder of his 13-year-old sweatshop employee Mary Phagan. Even more than 100 years later, we are still feeling the repercussions of this case — which led to the founding of the prominent Jewish pressure group, the ADL, and which profoundly influenced the course of Jewish-Gentile relations in the United States.

This new audio book series encompasses the American Mercury’s extensive coverage of the 1913 Frank trial. We are presenting the extensive arguments, both for the defense and the prosecution, in order and in full — a monumental, book-length project. Today’s presentation is the fifth section (of six) of Hugh Dorsey’s final statement.

Click on the “play” button to listen to the audio book, read by Vanessa Neubauer.

Mr. Dorsey argues that the proposition of the defense (after they gave up on framing night watchman Newt Lee) that Jim Conley was the real murderer was a preposterous one, and one tainted with the fake “bloody club” that someone among the pro-Frank forces had planted — weeks after the murder — near the place where Conley was keeping watch for Frank on the fatal day:

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Liberty for Newt Lee Sought

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Georgian

Saturday, July 5, 1913

Writ to Free Watchman From the Tower Will Be Filed—State to Oppose Liberation.

The prosecution will fight an entirely new angle in the Phagan case Saturday morning when Barnard [sic] L. Chappell, attorney for Newt Lee, the negro night watchman, files a writ of habeas corpus for the release of the negro from the Tower, where he is being held without any charge against him.

Solicitor General Hugh M. Dorsey will ask the courts to hold the negro as a material witness for the State, or may charge him with being an accessory. He was determined Friday to take no chances on so important a witness getting out of his control, as he feared the negro might get beyond the jurisdiction of the courts if given his liberty.

Attorney Chappell and Solicitor Dorsey had agreed, when the negro was committed to jail, to keep him there until the trial. Chappell notified Dorsey Wednesday that he wished to withdraw from the agreement and get his client freed.

Chief Discounts Conley Rumor.

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New Audio Book: The American Mercury on Leo Frank – Dorsey’s Closing Arguments, part 4

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Lucille Selig and Leo Frank

VANESSA NEUBAUER’S audio book reading from the 1913 Leo Frank case this week is the fourth part of prosecutor Hugh Dorsey’s closing arguments. Leo Max Frank (pictured with his wife Lucille in happier times) was ultimately convicted of murdering his 13-year-old pencil factory employee, Mary Phagan, in a case which set the stage for Jewish-Gentile distrust and recriminations for a century and more afterward. Frank was the president of the Atlanta, Georgia B’nai B’rith and the Frank case was a major factor in the establishment of the Jewish pressure group, the Anti-Defamation League (ADL), over 100 years ago.

This new audio book series encompasses the American Mercury’s extensive coverage of the 1913 Frank trial. We are presenting the extensive arguments, both for the defense and the prosecution, in order and in full — a monumental, book-length project. Today’s presentation is the fourth section (of six) of Hugh Dorsey’s final statement.

Click on the “play” button to listen to the audio book, read by Vanessa Neubauer.

Mr. Dorsey argues that there was something strange about the fact that Mrs. Leo Frank didn’t visit her husband in jail for some time after his arrest:

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Unbiased in the Flanders Case, Says Slaton

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Georgian

Saturday, July 5, 1913

New Governor Declares He Will Take Action After Hearing All Sides.

Governor Slaton has formed no opinion in the famous McNaughton-Mattie Flanders murder case, and says he will make no decision until he has heard all sides. The new Governor says he has not talked to the former Governor about the case. He will hear, he said, all arguments without prejudice.

It is known that the hopes of McNaughton’s friends for commutation of sentence, if not pardon, have been greatly strengthened now that Governor Slaton is in the executive office.

The statement, made time and again, to the effect that Mrs. Mattie Flanders, alleged co-conspirator with Dr. W. J. McNaughton, never will be tried, has been renewed now that Governor Brown, who stood so long between Dr. McNaughton and the gallows, has been succeeded.

It was said months ago to be the purpose of those urging that the law be permitted to take its course against Dr. McNaughton to kick the case along from one court to another until a change in administrations had been effected in Atlanta. Governor Brown let it be known all along that he would not permit Dr. McNaughton to hang so long as the case against Mrs. Flanders remained undisposed of.

Waiting Game Played.

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Application for Lee’s Release Delayed

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Georgian

Saturday, July 5, 1913

Watchman’s Lawyer Says He Will Await Return of Dorsey Before Filing Habeas Corpus.

On account of the absence form the city of Prosecuting Attorney Hugh M. Dorsey, Bernard L. Chappell, attorney for Newt Lee, announced Saturday that he would not file a writ of habeas corpus until Monday. He claims in the petition for the release of the negro that Lee is being held unlawfully and without any charge against him.

Solicitor Dorsey left for his country place at Valdosta, Ga., Saturday morning. He will return Monday.

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Drop Ninth in Police Scandal

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Georgian

Saturday, July 5, 1913

Charges Preferred Against Another Patrolman and Suspension Is Near.

Atlanta’s police scandal was revived Saturday by the preferring of charges against another member of the police force. His suspension by Chief of Police James L. Beavers is expected to follow within a few hours.

The subject of the accusations is the ninth policeman involved in the scandal. Chief Beavers would not make public the man’s name until formal order of suspension was made.

The charges against the majority of the policemen are they they frequented the notorious negro resort in the rear of 127 Auburn Avenue and that certain of the men were in the habit of drinking there. The place has no license and one of the officers, against whom there was no evidence of drinking, was charged simply with permitting the place to run without reporting it.

With the preferring of the ninth set of charges came the information that R. A. Wood, the policeman who tendered his resignation as soon as the story of his alleged visits to the resort was made public, had sold all his household belongings and moved from the city.

Officers who went to serve notice of the trial before the Police Commission next Tuesday night were met with the information that he had moved with his family to Texas.

* * *

The Atlanta Georgian, July 5th 1913, “Drop Ninth in Police Scandal,” Leo Frank case newspaper article series (Original PDF)

New Audio Book: The American Mercury on Leo Frank – Dorsey’s Closing Arguments, part 3

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Solicitor Dorsey in his office; a snapshot of the Phagan case prosecutor taken by a Georgian photographer.

THIS WEEK’S audio book presentation on the 1913 Leo Frank case is the third (of six) parts of prosecutor Hugh Dorsey’s closing arguments. His arguments, along with the evidence in this case, were ultimately successful — and Jewish pencil factory superintendent Leo Frank was convicted of murdering 13-year-old Mary Phagan, his sweatshop employee.

Frank was the president of the Atlanta, Georgia B’nai B’rith and the Frank case was a major factor in the establishment of the Jewish “anti-hate” group, the Anti-Defamation League (ADL), over 100 years ago.

This new audio book series encompasses the American Mercury’s extensive coverage of the 1913 Frank trial. We are presenting the extensive arguments, both for the defense and the prosecution, in order and in full — a monumental, book-length project. Today’s presentation is the second section (of six) of Hugh Dorsey’s final statement.

Click on the “play” button to listen to the audio book, read by Vanessa Neubauer.

Mr. Dorsey dismisses the defense’s contention that the blood stains found were not Mary Phagan’s blood:

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Lee’s Lawyer Expects Delay in Frank Case

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Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Journal

Friday, July 4, 1913

State Certain to Fight Chappell’s Effort to Secure Release of Watchman

Bernard L. Chappell, attorney for Newt Lee, the negro night watchman, who found the body of Mary Phagan in the National Pencil factory basement, declares that Saturday he will bring habeas corpus proceedings to secure the release of his client.

According to the attorney, the negro is being held on the recommendation of the coroner’s jury, which concluded its inquest before James Conley figured in the case. The grand jury has failed to act on Lee’s case, and Attorney Chappell says that he is going to make efforts to secure the negro’s release.

When the habeas corpus proceedings are commenced the state is certain to make a fight to prevent the negro’s release from the Tower on the ground that he is a material witness.

Attorney Chappell states that he has decided to bring the habeas corpus proceedings because he does not believe that the case of Leo M. Frank will actually come to trial on July 28, when it has been set by Judge L. S. Roan, of the superior court.

There are many ways in which such a case may be postponed indefinitely, Lee’s attorney says, and he is not going to allow his client to stay in jail for an indefinite period if he can help it.

As a result, he says he is fully determined to take the legal steps Saturday to secure the negro’s release.

* * *

The Atlanta Journal, July 4th 1913, “Lee’s Lawyer Expects Delay in Frank Case,” Leo Frank case newspaper article series (Original PDF)