New Audio Book: The American Mercury on Leo Frank – Arnold’s Closing Arguments, part 1

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REUBEN ARNOLD’S closing arguments (part 1) for the defense of Leo Frank — on the charge of murdering his sweatshop employee Mary Phagan — are our presentation this week in our new audio book series, read by Vanessa Neubauer.

This series encompasses the American Mercury’s coverage of the 1913 trial and conviction of Jewish sex killer Leo Frank — a case which was one of the inspirations for the establishment of the Anti-Defamation League (ADL). We will be presenting the extensive arguments, both for the defense and the prosecution, in order and in full — a monumental, book-length project. Today we present the first section of the arguments for the defense, the words of one of the most skilled and formidable Georgia attorneys of his time, Mr. Reuben Arnold.

Mr. Arnold states in his speech:

I’ll tell you right now, if Frank hadn’t been a Jew there would never have been any prosecution against him.

I’m asking my own people to turn him loose, asking them to do justice to a Jew, and I’m not a Jew, but I would rather die before doing injustice to a Jew. This case has just been built up by degrees; they have a monstrous perjurer here in the form of this Jim Conley against Frank. You know what sort of a man Conley is, and you know that up to the time the murder was committed no one ever heard a word against Frank.

You can follow along with the original text here.

Mr. Arnold also denigrates the character of the witnesses who themselves called into question the character of Leo Frank and his behavior towards some of his women and young girl employees.

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“No” Bill Is Returned Against A. S. Colyar

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

The Atlanta Georgian

Tuesday, July 1, 1913

Grand Jury Declines to Indict Colyar for Reply to Attack of Colonel Felder

[…]charging A. S. Colyar, of Nashville, with libel, the Fulton county grand jury at its session on Tuesda ymorning [sic] refused to indict the Tennessean, returning a “no bill” in the case. Mr. Colyar has been in the limelight recently as a principal in the sensational dictograph episode, and has been engaged in a heated controversy with Colonel Thomas B. Felder.

The Tennessean was charged specifically with libelling Mr. Felder in a card published over his signature in The Journal of June 8, in which he excoriated the Atlanta lawyer.

The grand jury had the bill drawn of its own initiative, it is said, and considered it Tuesday morning. The only witness called before the grand jury was John Paschall, city editor of The Atlanta Journal.

In answer to questions of the grand jurors, Mr. Paschall stated that the card was furnished for publication by Mr. Colyar. Colyar has been given an opportunity to reply to an attack on his character, which Mr. Felder had embodied in a card, addressed to the editor of The Journal and which was published on the same day, the newspaper man told the jury in answer to further questions.

Attached to the bill, which was drawn against Mr. Colyar, was a copy of his card.

The grand jury was in session more than an hour considering the bill, before its decision not to return an indictment was reached.

* * *

The Atlanta Georgian, July 1st 1913, “”No” Bill Is Returned Against A. S. Colyar,” Leo Frank case newspaper article series (Original PDF)

May Indict Conley in Phagan Case

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

The Atlanta Georgian

Tuesday, July 1, 1913

JURY LIKELY TO GO OVER DORSEY’S HEAD

Indictment of Negro Sweeper Would Be Severe Blow to Prosecution of Frank.

That the Fulton County Grand Jury will go over the head of Solicitor General Hugh M. Dorsey and indict Jim Conley, the negro sweeper, for the murder of Mary Phagan, in connection with Leo M. Frank, was a probability which came to light Tuesday.

While the report was not verified, its origin was such as to throw a bomb into the camp of the prosecution, as it will mean the indictment of the star witness in the State’s case against Frank.

In the event that Conley is indicted it will mean also that he will be taken from the custody of the police, where he has been carefully guarded from the defense, and will be placed in the county jail, where Frank is being held.

Rumors that Newt Lee, negro night watchman at the National Pencil factory, had made sensational disclosures to his attorney, Bernard L. Chappell, and would be one of the State’s most important witnesses in the trial of Leo M. Frank, were set at rest Tuesday by Mr. Chappell.

The negro’s attorney said after the inquest that he would make no effort to procure the release of Lee, as he believed his client was a vital witness and it would be the wisest plan for him to remain in the protection of the State.

His statements at this time and up to the date of the indictment found against Frank led to the impression that Lee had confided in his lawyer significant circumstances which he had told neither to the detectives nor to the members of the Coroner’s jury.

Denies Confession Reports.

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Colyar Indicted as Libeler of Col. Felder

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

The Atlanta Georgian

Tuesday, July 1, 1913

Grand Jury Develops Sensational Sequel to Famous Dictograph Scandal.

A. S. Colyar, Jr., dictographer of Colonel Thomas B. Felder, Mayor Woodward and C. C. Jones, was indicted by the Grand Jury on the charge of criminal libel Tuesday forenoon.

Colyar is the man who sought to trap Colonel Felder by means of the dictograph into offering a bribe of $1,000 for certain affidavits in the Phagan case in the possession of the police. The dictograph records as furnished an afternoon newspaper by Colyar contained the offer.

Colonel Felder swore the records were padded. Largely on Colonel Felder’s representations, the indictment was procured. John Pascal, of The Journal, was the only witness called by the Grand Jury in considering Colyar’s case.

Chief of Detectives Lanford and Colonel Felder, indicted last week by the Grand Jury, obtained their freedom by making a $500 bond. It was expected that the same bond would be imposed upon Colyar.

Much of the time Tuesday was occupied by members of the Grand Jury in probing into police affairs. Without calling any witnesses, the scandal which has shaken the department was given serious consideration for nearly two hours. The result of the discussion was not made public.

* * *

The Atlanta Georgian, July 1st 1913, “Colyar Indicted as Libeler of Col. Felder,” Leo Frank case newspaper article series (Original PDF)

Colyar Not Indicted On Charge of Libel

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

The Atlanta Georgian

Tuesday, July 1, 1913

The Fulton County Grand Jury returned no bill against A. S. Colyar, Jr., Tuesday forenoon on the charge of criminal libel.  Colyar came into prominence a few weeks ago by dictographing Colonel Thomas B. Felder, Mayor Woodward and C. C. Jones in Williams House No. 2.

Colyar is the man who sought to trap Colonel Felder by means of the dictograph into offering a bribe of $1,000 for certain affidavits in the Phagan case in the possession of the police. The dictograph records as furnished an afternoon newspaper by Colyar contained the offer.

* * *

The Atlanta Georgian, July 1st 1913, “Colyar Not Indicted On Charge of Libel,” Leo Frank case newspaper article series (Original PDF)

May Indict Conley as Slayer

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

The Atlanta Georgian

Tuesday, July 1, 1913

Grand Jury Reported as Seriously Considering Connection of Negro With the Crime.

A well founded rumor Tuesday was to the effect that the Grand Jury had Jim Conley’s connection with the Mary Phagan murder mystery under serious consideration with a view of finding an indictment against the negro on the charge of causing the death of the little factory girl.

Announcement was made after the close of Tuesday’s session that the present Grand Jury would hold its last session Wednesday, and it was reported that if action were not taken on Conley’s case before adjournment, recommendations would be left with the next Grand Jury suggesting that the negro’s connection with the crime be rigidly investigated.

If the indictment is returned against the negro it will mean that he will be taken from the custody of the detectives and placed in the Tower. He also will bear a different relation to the case in the future, being a defendant instead of a material witness. Attorneys interested in the case said they had heard nothing of the proposed action by the Grand Jury.

Rumors that Newt Lee, negro night watchman at the National Pencil factory, had made sensational disclosures to his attorney, Bernard L. Chappell, and would be one of the State’s most important witnesses in the trial of Leo M. Frank, were set at rest Tuesday by Mr. Chappell.

The negro’s attorney said after the inquest that he would make no effort to procure the release of Lee, as he believed his client was a vital witness and it would be the wisest plan for him to remain in the protection of the State.

His statements at this time and up to the date of the indictment found against Frank led to the impression that Lee had confided in his lawyer significant circumstances, which he has told neither to the detectives nor to the members of the Coroner’s jury.

Denies Confession Reports.

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Frank Is Willing for State to Grill Him

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

The Atlanta Georgian

Tuesday, July 1, 1913

Accused Man Declares He’s Anxious Even for Prosecution to Cross-Examine.

Surpassing in interest any of the other testimony at the trial of Leo M. Frank will be the story related on the stand by the accused man himself. That Frank will make a detailed statement of his movements on the day that Mary Phagan was murdered is regarded as one of the certainties of the trial.

It was learned Wednesday that Frank was desirous of going even further than this by being sworn and submitting to a cross-examination by the attorneys for the prosecution. He will request his lawyers, Luther Z. Rosser and Reuben R. Arnold, that the privilege of cross-examination be extended the State.

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New Audio Book: The American Mercury on Leo Frank – Hooper’s Closing Arguments

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THIS WEEK our new audio book of the American Mercury’s coverage of the 1913 trial and conviction of Jewish sex killer Leo Frank moves into the closing arguments of the attorneys to the jury. We will be presenting these extensive arguments in order and in full — a monumental, book-length project that will add another sixteen weeks to the seven weeks already presented here. The closing arguments begin with the earnest, low-key, yet powerful presentation of prosecutor Hugh Dorsey’s assistant, Frank Arthur Hooper (pictured), who makes his case for Leo Frank’s guilt.

Mr. Hooper states in his speech:

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New Frank Evidence Held by Dorsey

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

The Atlanta Georgian

Friday, June 27, 1913

Solicitor Closely Guards Data of Which City Detectives Have No Knowledge.

New activity was injected into the Phagan case Friday when James Conley, negro sweeper at the National Pencil Factory, was removed secretly from his cell in police station and closely questioned by Frank Hooper, who will aid Solicitor Dorsey in the prosecution of Leo Frank.

The move was surrounded with the utmost secrecy. The negro was taken from his cell by Detective Starnes, and behind locked doors questioned anew in the room used by the Police Commissioners. He had been in for many minutes before the action became known.

Mr. Hooper asked Conley various new questions, and after the quizzing was over hurried away from the police station.

Dorsey Has New Evidence.

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Hooper and Goldstein Join Little & Powell

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

The Atlanta Journal

Saturday, June 28, 1913

Former Solicitor of Southwestern Circuit and Popular Atlantlan [sic] Join Firm

Frank A. Hooper, who is to assist the solicitor general in the prosecution in the Phagan case, and M.F. Goldstein, a well known young attorney, will join the law firm of Little & Powell on July 1.

The senior members of the firm are John D. Little and Judge Arthur Powell. After July 1 the firm will be styled Little, Powell, Hooper & Goldstein.

Mr. Hooper served in the southwestern circuit for twelve years as solicitor general, but removed from Americus to Atlanta a few years ago to become general counsel for the Empire Life Insurance company.

In connection with the formation of the new firm, Mr. Hooper states that his new association will in no way affect his connection with the Phagan case, and he will continue to personally assist the solicitor general in the prosecution, while his firm will have no connection with the case.

Mr. Goldstein, the junior member of the new firm, is a graduate of the University of Georgia and of Yale. In four years’ practice here he has established an enviable record at the local bar.

* * *

The Atlanta Journal, June 28th 1913, “Hooper and Goldstein Join Little & Powell,” Leo Frank case newspaper article series (Original PDF)

Gov. Slaton Takes Oath Simply

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

The Atlanta Georgian

Saturday, June 28, 1913

With the simplest ceremonies in the history of the State, marked by the absence of all military display and red tape, John Marshall Slaton becomes Governor of the State of Georgia in the hall of the House of Representatives of the State Capitol Saturday at 12 o’clock noon, succeeding Governor Joseph M. Brown.

The joint committee on inaugural arrangements selected from the memberships of the Senate and the House has conformed to the expressed desires of Governor-elect Slaton in preparing for his induction into office, and there is none of the pomp and excitement attending previous gubernatorial inaugurations. Within an hour or an hour and a half after the ceremonies begin, Governor Joseph M. Brown will have relinquished his office and made preparations to retire to his Cobb County farm, and His Excellency John Marshall Slaton will take his place as head of the State Government.

Governor Slaton will give voice to certain distinct policies of his own in his inaugural address, which also will be his message to the Legislature. He will recommend certain legislation and condemn certain other legislation, but there will not be that tense, nervous feeling that usually characterizes a change of administration, though it be usually hidden behind a mask of pomp and display.

Great Crowds Attend.

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Lanford and Felder Are Held for Libel

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

The Atlanta Georgian

Friday, June 27, 1913

Grand Jury Indicts Lawyer and Head of Detectives for Attacks on Each Other.

Three indictments charging criminal libel were returned Friday by the Grand Jury against Colonel Thomas B. Felder, the Atlanta attorney, and Newport Lanford, Chief of Detectives, who accused each other of most everything in the category after the famous dictograph episode. There are two bills against Felder and one against Lanford.

The two men will be placed under bond and will be tried in the Fulton County courts under the misdemeanor act for unlawfully and maliciously accusing each other, according to the true bills.

The penalty for conviction of a misdemeanor is six months in the county jail, twelve months in the penitentiary, a fine not exceeding $1,000, either or all three.

Colonel Felder appeared at the Solicitor’s office about 2 o’clock and furnished the $500 bond required. Chief Lanford had not been located at that time, but was expected to do likewise.

The accusation against both men is based on recriminations issued against each other and published in the Sunday newspapers of May 25 and June 8.

In those statements Colonel Felder attacked Lanford bitterly, hurling a line of invectives that the greatest of the Roman orators might have envied. He attacked Lanford’s private and public character, accusing him of “hideous crimes.”

Lanford in Full Denial.

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Many Experts to Take Stand in Frank Trial

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

The Atlanta Georgian

Sunday, June 29, 1913

Great Array of Finger-Print and Blood-Stain Students Will Give Their Views.

The trial of Leo M. Frank will bring forth the most prominent array of criminal and medical experts ever grouped in a Southern court room.

This became known Saturday when Solicitor Hugh M. Dorsey began making preparations to have the skilled investigators who have worked in the Phagan case return to Atlanta for the trial, July 28.

The defense has not been idle and is prepared to have an expert on almost every conceivable angle to introduce in rebuttal.

Fingerprint experts were brought into the case almost immediately after it was taken from the hands of the police by Solicitor Dorsey. One of the most prominent of these, who has figured in solving many New York mysteries, was the first to be brought South. He spent several days in a minute investigation of the scene of the crime, articles of clothing and the fingerprints of every suspect in the case. Other experts in the same line followed him.

Solicitor Dorsey did not trust wholly to the examination of Dr. Hurt, the Coroner’s physician, who could not qualify as an expert in the Appelbaum trial, but sent with him some of the most prominent of the Atlanta medical men.

Blood Stains Important.

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State Secures New Phagan Evidence

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

The Atlanta Georgian

Saturday, June 28, 1913

[HOOPER SECURES NEW EVIDENCE FROM CONLEY]*

[NEW FACTS GIVEN BY NEGRO]

[Admissions to Prosecutor’s Aide Strengthens Rumor That He Saw Girl Just Before Crime.]

Conley’s Admission Strengthens Rumor That He Saw Child Just Before Slaying.

Frank A. Hooper, associated with Solicitor Dorsey in the prosecution of Leo M. Frank on the charge of strangling Mary Phagan, admitted Saturday that Jim Conley, negro sweeper at the National Pencil Factory, had made important additions to the story of his part in the murder mystery and had told of circumstances on the day of the crime which he had revealed in none of his previous statements.

A persistent report that Conley had made the startling admission that he had seen Mary Phagan enter the factory on the day she was slain arose at the time the negro was questioned more than an hour by Solicitor Dorsey early in the week, and this rumor was heightened after Attorney Hooper’s interview with the negro Friday.

In all of his statements to the detectives Conley denied he saw the girl at all on the day of the crime until he was horrified by the sight of her dead body lying in the rear of the second floor where he was directed by Leo Frank. Solicitor Dorsey is believed to have wrung the statement from him that he did see Mary Phagan when she came in the door of the factory and went to the second floor to Frank’s office.

Hooper Mum on Topic.

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New Audio Book: The American Mercury on Leo Frank – 100 Reasons Leo Frank Is Guilty

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by Penelope Lee

THIS WEEK, as we are preparing the (very long) audio book version of the Leo Frank defense team and prosecution team closing arguments, the American Mercury is proud to present the new audio book version — never before available in its entirety — of our editor Bradford L. Huie’s 100 Reasons Leo Frank is Guilty, read by Miss Vanessa Neubauer. (ILLUSTRATION: Rare diagram/photograph showing rear of the National Pencil Company building and insets detailing where blood, hair, and body of Mary Phagan were found. Click for a large, high-resolution version.)

As you listen, you can follow along with the text of the original piece.

 

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

Be sure to be with us next week as we continue our audio book series of all the best writing from the American Mercury on this, the greatest murder mystery — and trial — of the century.

Click here for a list of all the chapters we’ve published in audio form so far — keep checking back, they will be updated regularly!

Here is a description of the full series which will be posted as audio in future weeks; once all segments have been released, the Mercury will be offering for sale a complete, downloadable audio book of the full series.

1. Introduction

100 Years Ago Today: The Trial of Leo Frank Begins

2. WEEK 1

The Leo Frank Trial: Week One

3. WEEK 2

The Leo Frank Trial: Week Two

4. WEEK 3

The Leo Frank Trial: Week Three

5. Leo Frank mounts the witness stand by Ann Hendon

100 Years Ago Today: Leo Frank Takes the Stand

6. Week 4

The Leo Frank Trial: Week Four

7. Closing arguments of Rosser, Arnold and Hooper

The Leo Frank Trial: Closing Arguments of Hooper, Arnold, and Rosser

8. Closing arguments of Hugh Dorsey

The Leo Frank Trial: Closing Arguments, Solicitor Dorsey

Be sure to look for next week’s installment here at The American Mercury as we continue to follow the trial that changed the South — changed America — and changed the world.

via The American Mercury

Brilliant Legal Battle Is Sure as Hooper And Arnold Clash in Trial of Leo Frank

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

The Atlanta Georgian

Sunday, June 29, 1913

[BRILLIANT BATTLE SURE IN FRANK TRIAL IN CLASH OF HOOPER AND ARNOLD]*

[Order Has at Last Been Rested and Indications Are That Struggle of Attorneys Will Be Waged in the Most Ethical Manner.]

* Alternate headline from another page is shown in brackets above.

By An Old Police Reporter.

As deplorable as the Phagan case is in all its melancholy details, it already is evident enough that there will come of it eventually much that the community may be thankful for.

In the first place, Atlanta and Georgia, and incidentally the entire South will have learned a good lesson in law and order, justice and fair play, and to that extent may be the better prepared for the next case of the kind that comes to their attention.

In the second place, there will be in the future no such wretched bungling and frenzied appeal in and from police headquarters, as for a time marked the Phagan case unique among its kind.

It looks now as if the decks have been pretty well cleared for action and that Leo Frank’s trial may be expected to proceed in dignity and order, and that in its final analysis the truth of Mary Phagan’s murder may be established, at least to the extent of Frank’s real or suspected participation therein.

If Frank should be convicted, that would mean the subsequent indictment and conviction of the negro Conley, as an accessory after the fact.

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Conley Tale Is Hope of Defense

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

The Atlanta Georgian

Monday, June 30, 1913

DEFENSE PLANS TO TEAR DOWN CONLEY TALE*

* This headline appeared on Page 3 of the Georgian.

Expect to Prove Frank Innocent By Discrediting Negro’s Story Of Phagan Crime.

Warned that the State is basing practically all of its expectations of sending Leo M. Frank to the gallows on the dramatic story told by Jim Conley, the defense this week is completing the collection of a strong line of evidence with which it is planned utterly to discredit the negro’s statements and his testimony in court.

Conley again has insisted on confronting Frank. He says he is certain if he can meet the factory superintendent face to face he can make him “tell the whole story.” The negro has told the detectives he not only is willing, but is eager to repeat in the presence of Frank the story of the disposal of Mary Phagan’s body just as he has related it a dozen times since he first made the sensational acknowledgment that he had a part in the crime.

It is regarded as most unlikely that the two will be brought together. Luther Z. Rosser, attorney for Frank, has refused to make any definite statement of his attitude in the matter, but it is known he looks with suspicion on every word and every act of the negro. He has given the impression that he is not unwilling for his client to face the negro, but that he regards the court room as the proper place for the meeting and the actual trial of Frank as the proper time. For this reason, the dramatic moment when accuser and accused confront each other in all probability will be saved for the time when the legal battle is in progress for Frank’s life.

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Lanford and Felder Indicted for Libel

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

The Atlanta Constitution

Saturday, June 28, 1913

Indictments Grew Out of the Dictagraph Episode and the Letters Which Followed.

Formal investigation into the invectives hurled between Colonel Thomas B. Felder and Detective Chief Newport Lanford resulted yesterday in indictments of criminal libel being returned by the grand jury against each of them for their cards and interviews in the daily papers in which they attacked each other’s character, after the dictagraph row.

Colonel Felder is held under two indictments on a bond of $500, while Chief Lanford has one indictment against him, and is free on the same bond.

The offenses charged against each are misdemeanors, and the punishment, in case of conviction, is six months in the county jail, twelve months in the penitentiary or a fine of not more than $1,000. It is in the discretion of the judge to impose any or all of these penalties after conviction.

In order to come clear at the trial it will be necessary for the man indicted for criminal libel to prove that the charges he made were true, and it is expected that the cases will develop into the most bitterly fought in the history of the Fulton courts.

Felder Will Not Talk.

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New Audio Book: The American Mercury on Leo Frank – Frank’s Trial, Week Four

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The victim, Mary Phagan

TODAY our audio book of the American Mercury’s coverage of the 1913 trial and conviction of Jewish sex killer Leo Frank moves into the fourth exciting week of the trial, in which the defense brought forth young female witnesses who claimed that Frank had never made improper sexual advances toward them, rebutted by the defense with young female witnesses of their own who detailed their personal experiences with Frank’s lascivious behavior toward them and others among his numerous teenage girl employees. You can follow along with us by reading the original piece on which this new audio book is based.

As William Bradford Huie of the Mercury stated:

On the heels of Leo Frank’s astounding unsworn statement to the court, the defense called a number of women who stated that they had never experienced any improper sexual advances on the part of Frank. But the prosecution rebutted that testimony with several rather persuasive female witnesses of its own. These rebuttal witnesses also addressed Frank’s claims that he was so unfamiliar with Mary Phagan that he did not even know her by name.

Also covered were details of the autopsy of Mary Phagan, and the diametrically opposed affidavits made by the Frank family’s servant Minola McKnight — one made in the presence of the police and her lawyer, and another made after she had returned to work for the Franks. (The affidavit of her husband, Albert McKnight, was in substantial agreement with her first affidavit.)

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New Audio Book: The American Mercury on Leo Frank – Frank Takes the Stand

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Diagram of Leo Frank’s outer and inner office: How likely is it that Monteen Stover could have missed Frank had he really been in his office as he claimed?

THIS WEEK our audio book of the American Mercury’s coverage of the 1913 trial and conviction of Jewish sex killer Leo Frank takes a particularly exciting turn. You can follow along with us by reading the original piece on which the new audio book is based.

As William Bradford Huie of the Mercury stated:

As the defense began its parade of witnesses, few suspected that the defendant himself, Leo Frank, would soon take the stand and make an admission so astonishing that it strained belief.

Strained belief indeed! — for Leo Frank’s testimony was so bizarre and so damning as to be shocking, even to those who suspected Frank’s guilt.

Leo Max Frank spent some three hours of his four-hour unsworn testimony painstakingly detailing his accounting work, something that was barely relevant to the charges against him. (Evidently he sought to show that he simply didn’t have time to have a tryst with, or rape, or kill Mary Phagan. But  common sense tells everyone that some people can do accounting work faster than others, so that was a rather unconvincing argument.)

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