Col. Thomas Felder Goes to Cincinnati

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The Atlanta Constitution

Monday, June 16, 1913

Says Trip Has Nothing to Do With That of Solicitor Dorsey

Following the departure of Solicitor General Hugh M. Dorsey for Atlantic City Saturday afternoon, Col. Thomas B. Felder left Sunday afternoon at 5:10 o’clock for Cincinnati.

He said that his trip had no connection whatever with that of the solicitor general. He would not disclose his object in going to Cincinnati, however, and said only that he would be in the Ohio city for several days. Business was his motive in leaving, he declared, although he would not tell what business he intended to transact.

Colonel Felder declares that the affidavit which an Atlanta paper, on Sunday morning, accredits George Gentry with having made, verifies his own contention.

“It supports me in every particular,” he said. “It corroborates my statement that Gentry is willing to return to Atlanta at any time the grand jury or any other investigating committee needed him; that he is passing under an assumed name in Washington, and that he was striving to keep out of the reach of certain Atlantans who are endeavoring to find him.

“He even admits in this last affidavit that the dictagraph reports were padded. He says that charges were made, although it is intimated that they were immaterial. He acknowledges having signed Miles’ affidavit, and says that it was correct thoroughly. This, in itself, is all the support I would ask of Gentry. The affidavit obtained by Detective Miles is proof positive that the reports were padded—that is an established fact.

“Another thing: Gentry says again that his note book—the original transcription of the Williams House conversations—is in the vault of a prominent and reliable Atlanta attorney, and that they will be produced at time of any investigation. Even though Gentry testified otherwise, we have the notes—they are all that is needed to prove our contention that the published reports were altered.”

Colonel Felder would not talk regarding his trip to Cincinnati.

“I am going there on a matter of business,” was all he would say. “It wouldn’t interest the public in general, and would interfere with my plans if I disclosed my mission. I will return within the next few days.”

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The Atlanta Constitution, June 16th 1913, “Col. Thomas Felder Goes to Cincinnati,” Leo Frank case newspaper article series (Original PDF)

Colyar Returns Promising Sensation

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The Atlanta Georgian

Monday, June 16, 1913

A. S. Colyar is in Atlanta again, promising to spring some more sensations.

The investigator who engineered the dictographing of Thomas B. Felder and Mayor Woodward has been in Washington. He sent a letter to Atlanta before him, saying he objected to being made a goat.

It is believed Colyar saw George M. Gentry while in Washington and got from him an affidavit. This is said to be much the same as the one printed admitting that the dictograph records had been padded, as charged in Gentry’s recent affidavit, but that the general charges were upheld.

Promises Story in Letter.

Colyar’s letter, mailed before he left Washington, follows:

“He laughs best who laughs last. When you get tired publishing all of the lies the gang of political crooks are publishing on Lanford and myself I may be able to give you a story that will cause some people to sit up and take notice.

“It’s indeed comforting to think one purchased affidavit can cause a certain man in Atlanta to consider himself vindicated completely. Whitewash is cheap, as we all know.

“Then there is Mayor Woodward. He says ‘Colyar went to Mrs. Gentry’s house and worried her.’ Indeed, where did he learn this? It’s news to me. But we all know the Mayor. He is the same Mayor Hon. R. F. Maddox defeated after he (Woodward) was nominated by his party, and all Atlanta knows why. Let them make a goat out of me and see what I publish in my own defense.

“The crooks got caught. And they sent Miles away to see if he could not fool the people. A. S. COLYAR.”

Felder’s Trip Causes Comment.

Speculation was rife Monday as to the nature of the trip of Colonel Thomas B. Felder, who left Atlanta Sunday afternoon with the statement that he was bound for Cincinnati.

Rumors had it that Colonel Felder in reality is on his way to Washington, for the purpose probably of conferring with George Gentry, the missing stenographer in the recent dictagraph sensation. If this is Colonel Felder’s intention, he kept it to himself.

It has been suggested that Colonel Felder would feel much safer in going to Washington by way of Cincinnati than through the State of South Carolina.

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The Atlanta Georgian, June 16th 1913, “Colyar Returns Promising Sensation,” Leo Frank case newspaper article series (Original PDF)

Dorsey Aide Says Frank Is Fast In Net

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The Atlanta Georgian

Monday, June 16, 1913

Attorney Hooper Declares State Is Prepared for Any Move the Defense May Make.

Frank A. Hooper, the well-known criminal lawyer who has been engaged to assist Solicitor General Hugh M. Dorsey in the trial of Leo M. Frank for the alleged murder of Mary Phagan, said Monday that the case was complete and was ready for presentation in court at any time.

Mr. Hooper asserted that the attorneys interested in the prosecution had investigated every angle of the mystery so thoroughly and fortified themselves against any defense that Frank will present, that practically nothing remained to be done until the case was called for trial. The departure of Solicitor Dorsey for a week’s vacation, he said, was an indication of the preparedness of the prosecution.

No new developments are expected by the prosecution, according to Mr. Hooper. All of the stories and rumors have been run down to their original source. The defense, in his opinion, will be able to spring no surprise that has not been anticipated by the prosecution.

Mrs. Frank Gives Interview.

The American printed Sunday an exclusive interview with Mrs. Frank, whose husband, Leo M. Frank, is under indictment chraged with the murder of 14-year-old Mary Phagan. It was the first time that Mrs. Frank had permitted himself to be interviewed since the Coroner’s jury a month ago recommended that the Grand Jury hold her husband for trial.

She broke her silence to tell the thousands who have been gripped by the remarkable murder mystery just why she is absolutely confident and positive that Frank could not have been the author of the terrible deed. She made no plea for sympathy, but expressed herself as fully reconciled to the processes of the law, even though they temporarily caused her the greatest sorrow and kept her husband behind the cars as a man suspected of one of the most brutal crimes thinkable. The loyal wife said that she was able to bear the present belief because of the assurance of Frank’s ultimate and complete vindication.

Why She Believes Husband.

On the fact that she believes from her life with the suspected slayer that any gross or immoral act is utterly apart from his nature, she bases much of her belief in his entire innocence. Continue Reading →

Frank A. Hooper to Aid State in Frank Trial

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The Atlanta Journal

Sunday, June 15, 1913

Former Solicitor at Americus Engaged to Assist Solicitor Hugh M. Dorsey

That the trial of Leo M. Frank will be a legal battle as brilliant as any ever fought in Atlanta is assured by Solicitor Dorsey’s announcement that Frank A. Hooper, Atlanta lawyer and former solicitor general of the southwestern superior court circuit, has been retained to assist the prosecution.

With the case of the state in the hands of Solicitor Dorsey and Mr. Hooper and the defense resting with Luther Z. Rosser and Herbert Haas the contest is certain to be replete with the unexpected.

Frank A. Hooper, who is Solicitor Dorsey’s choice to help the fight of the state, is distinguished as a state’s solicitor of twelve years experience. No lawyer at the Atlanta bar has seen a similar service as a prosecuting attorney. For this period he acted as solicitor to the southwestern superior court circuit at Americus. Following his term as prosecutor he practiced law in Americus being recently identified with such criminal trials as the Childers trial in Americus and the Cain trial in Cordele. In each of these cases in which the accused was acquitted Hooper appeared for the defense.

He came to Atlanta four years ago as an associate of the late Governor J. M. Terrell.

Pitted against Solicitor Dorsey and Mr. Hooper will be Luther Z. Rosser sometimes known among his confreres as “the best all-around lawyer in Atlanta;” Herbert Haas, a young but experienced attorney, and possibly others.

The report has been persistent in Atlanta for a week that another prominent Atlanta attorney known as a brilliant criminal lawyer is to be associated with the defense. While this report has not been verified there are those who are confident that the defense will be augmented by his weight before Frank faces a jury in the stuffy little Thrower building court room.

In making his announcement that Mr. Hooper was to assist in the Frank prosecution Solicitor Dorsey said that while Mr. Hooper had been his choice, Mr. and Mrs. J. W. Coleman, parents of the slain girl, had been consulted, and they directed him to employ such counsel as he deemed fit. The solicitor asserted that the Colemans had approved the employment of Mr. Hooper.

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The Atlanta Journal, June 15th 1913, “Frank A. Hooper to Aid State in Frank Trial,” Leo Frank case newspaper article series (Original PDF)

Solicitor Dorsey Goes to New York

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The Atlanta Constitution

Sunday, June 15, 1913

Grand Jury Will Probably Take Up the Dictagraph Probe While He Is Away.

With the departure of Solicitor General Hugh M. Dorsey for New York yesterday afternoon, whither he declares he is going for a week’s rest, and the announcement of Foreman L. H. Beck, of the grand jury, that only routine criminal business will be taken up at the meeting on Tuesday, comes a peculiar situation, as hitherto the solicitor’s pretense has been considered necessary for the indictment of the regular class of criminals, and only when investigating on their own accord ddoes [sic] the grand jury usually dispense with his services.

The assurance is continuously given out that the grand jury must finish its routin [sic] business before it can enter into a general investigation such as a renewal of the vice probe or an investigation of the Felder-Beavers dictagraph row, despite the apparent pressing need for clearing up the tangle that has grown from the affair.

It appears that the members of the grand jury intend to take up at their meeting this week some investigation or other work in which the solicitor will not be needed and the general impression is that the dictagraph row will be probed.

This would be in keeping with the vice probe which both the solicitor and the foreman attempted to veil in secrecy until the very day upon which it was started, and their actions upon this occasion strengthen the belief that further investigation will occupy the grand jurors at their next meeting.

On top of this comes the announcement from an apparently responsible source of a demand made by Colonel Thomas B. Felder that the body probe the dictagraph affair, and the refusal of both the solicitor and the foreman of the jury to discuss this matter, or even to admit having received such a communication.

Solicitor Dorsey gave out officially that his visit would be one of personal recreation and that he might possibly spend a short time at Atlantic City before returning home.

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The Atlanta Constitution, June 15th 1913, “Solicitor Dorsey Goes to New York,” Leo Frank case newspaper article series (Original PDF)

Gentry, Found by Journal, Says Notes Will Show Enough to Justify What Was Sworn To

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The Atlanta Journal

Sunday, June 15, 1913

“Upon Reading My Notes Before the Court It Will Be Proven That There Is Enough of It There to Justify What Was Written and Sworn to be Me as Being Practically the Gist of What Was Said,” Says Young Stenographer of Dictograph Records Transcribed by Him

“I WAS ALLOWED TO READ PROOF OF WHAT WAS PUBLISHED ABOUT FELDER CONFERENCE,” HE SAYS

“As Far as What The Journal Published, Will Say, as Far as I Can Remember, What They Printed Were the Facts In a General Way, and the Changes Were Immaterial.” Located by The Jounaal’s [sic] Washington Correspondent, Gentry Talks Freely.

By Ralph Smith

WASHINGTON, D. C., June 14.—Living under an assumed name and holding a lucrative position as an expert stenographer, George M. Gentry, of Atlanta, who made the famous dictograph notes, was located in Washington today by the Journal correspondent. He has been here since May 27. He left Atlanta via the Southern railway on the evening of May 26, following the Felder exposure. He claims to have seen no one from Atlanta other than E. O. Miles, and The Journal correspondent, though he is in communication with the members of his immediate family.

Gentry’s real identity is unknown to his employers, and at his request his present address and the place of his employment are withheld by the correspondent. Their publication, he believes, might cause him unnecessary annoyance.

“I left Atlanta because I feared that I might be arrested for perjury,” he said.

Gentry today voluntarily made an affidavit, elaborating and elucidating the statements contained in the affidavit he recently gave to E. O. Miles. This affidavit, made today, was sworn to and subscribed before Isaac Heidenheimer, of 1226 Pennsylvania avenue, notary public, for the District of Columbia. It was witnessed by Senator William Hughes, of New Jersey and Congressman Frank Doremus, of Michigan.

The original and a carbon copy are in the possession of The Journal correspondent, and Gentry himself has a copy. The affidavit was written by Gentry, without suggestion or dictation from anyone.

“Unfortunately I did not go into enough detail in my previous affidavit, hence the necessity of making a further one,” swore Gentry today.

Continuing the affidavit says, “I neglected to mention in same (the Miles affidavit) that I was allowed to read a proof of what The Journal published, in connection with the Felder conference. This conference was transcribed first and printed in Friday’s issue of the Journal. The other conferences, all of which were held Wednesday afternoon and evening, preceding the date of publication, were not published until after the Felder conference was published. I made one or two changes in the proof of the Felder conference, this being the only proof I was allowed to see. As I remember in one instance, I had written the word “intrude” any my notes contained the word “intruding.”

“Further than this I do not remember of any change that I made in same, with the exception of ordinary corrections, such as marking misspelled words, adding periods and commas, and striking them out.” Continue Reading →

Frank Hooper Aids Phagan Prosecution

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The Atlanta Constitution

Sunday, June 15, 1913

Solicitor General Hugh Dorsey Announces His Associate in Big Case.

Just before leaving yesterday afternoon for New York, Solicitor General Hugh M. Dorsey announced that Attorney Frank A. Hooper would be associated with him in the prosecution growing out of the murder of Mary Phagan.

Saying that Mr. Hooper was his personal choice, Dorsey also stated that Mr. and Mrs. J. W. Coleman, parents of the victim, had been consulted and had directed him to employ such counsel as he desired and that his choice of Mr. Hooper satisfied the Colemans.

Attorney Hooper has been a well-known figure at the Atlanta bar for four years. Shortly after coming to this city, he was associated with ex-Governor Joseph M. Terrell, with whom he was connected until the governor’s death. He was for twelve years the solicitor general of the southwestern judicial circuit at Americus, Ga.

Among many notable cases with which he played a conspicuous part were the Childers trial in Americus and the famous Cain murder case in Cordele. He was counsel for the defense in each case. He will be in charge of the solicitor’s affairs which relate to the Phagan case during Mr. Dorsey’s absence on his present trip.

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The Atlanta Constitution, June 15th 1913, “Frank Hooper Aids Phagan Prosecution,” Leo Frank case newspaper article series (Original PDF)

Detective Chief Tells Grand Jury of “Third Degree”

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The Atlanta Constitution

Sunday, June 15, 1913

Questions Put to Lanford Indicate That Investigation of Police Methods Is Being Conducted.

TORTURE ERA IS PAST, CHIEF INFORMS JURY

Science and Skill Now Employed by Detectives in Securing Confessions From Criminals, He Says.

The police “third degree,” which has created such widespread discussion during the Mary Phagan murder investigation, has been thoroughly explained to the grand jury by Detective Chief Newport A. Lanford, who appeared before that body at its request.

Detective John Black, of headquarters, who has been an active figure in the Phagan case, is also said to have been quizzed about methods employed by the police and detectives. He will not talk of the subject. Members of the jury are reluctant to give any information.

Chief Lanford, however, willingly told a Constitution reporter of his testimony before the jury and of the nature of queries which were put to him. He says he gave a complete and apparently satisfactory account of the “third degree” and the manner in which it is practiced at police headquarters.

Is Jury Probing Police Methods?

The belief is prevalent in both police and court circles that a secret probe is being promoted by the grand jury into methods employed by both the police and detective departments, and that it was in pursuit of this investigation that the detective head and Black were examined. Chief Lanford is inclined to scout this theory, although he is unable to account for the testimony that was required of him and of Black in the “third degree” probe.

The use of the “third degree” during the Phagan mystery has caused much comment. Its most effective employment, it will be recalled, was in extracting three sensational confessions from the negro sweeper, James Conley. Newt Lee, the negro watchman, the first suspect in the murder case, was subjected to a “degree” equally as strenuous.

The public letter of Mrs. Leo Frank, in which she took the detectives and Solicitor General Dorsey to task for subjecting her servant girl, Minola McKnight, to a system of cross-examination, which, she asserted, left the girl in a state of exhaustion, probably served to actuate the jury’s inquiry into police methods. Mrs. Frank’s letter was a stinging arraignment, and[…]

Continued on Page Four.

Continue Reading →

State Takes Advantage of Points Known

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The Atlanta Georgian

Saturday, June 14, 1913

With certain of the strong defenses of Leo M. Frank exposed by the preliminary battle over the custody of the negro Conley, the prosecution in the Phagan murder mystery went to work on the case to-day with its first definite idea of the sort of a stronghold it must assault.

It was assured that the accused man’s lawyers would not rest with fighting suspicion away from Frank, but would seek to fasten the guilt so firmly upon Conley that Frank not only would be acquitted, but that he would be cleared of every stain which has been cast upon his name and reputation by the terrible charges lodged against him.

Report was rife Saturday morning that the attorneys for Frank had not yet acknowledged defeat in their efforts to have Conley confined at the Tower instead of at the police station, where they charge he is improperly protected and “petted” by the detectives. The next move was rumored to be the swearing out of a warrant charging the negro with the murder, to compel Conley’s removal to the Tower.

Attacked by Rosser.

Luther Z. Rosser, chief of counsel for Frank, has branded at most unusual and irregular the procedure which has allowed the negro, who has confessed to being accessory after the fact, to be left without an indictment[…]

Continued on Page 2, Column 1.

STATE PLANS TO BREAK FRANK DEFENSE

Continued From Page 1.

[…]against him on the charge to which he has virtually pleaded guilty.

Rosser urged an impartial investigation into the possibility that he is even more seriously connected with the crime which resulted in the grewsome death of Mary Phagan.

Chief of Detectives Lanford said Saturday when he was apprised of the contemplated move of those who wish to see the negro’s stories investigated by an impartial body that he assuredly would honor any warrant which on its face appeared bona fide, but that he would fight any effort to take Conley to the jail, which he suspected had back of it the animus of persons unfriendly to the negro and friendly to Frank. Lanford asserted that all of his actions in the Phagan mystery had been inspired by the desire to get the guilty man, and that it was his conviction that the negro was only a tool after the actual crime. Continue Reading →

Sheriff Mangum Near End, Says Lawyer Smith

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The Atlanta Georgian

Saturday, June 14, 1913

Attorney for Conley Injects Politics Into Dispute Over Negro’s Place of Confinement.

William M. Smith, counsel for James Conley, confessed accessory after the fact in the killing of Mary Phagan, in a statement Saturday sought to make a political issue out of his controversy with Sheriff Mangum over the alleged treatment Conley received while in the Tower.

Attorney Smith employed references to his own previous statement that the jail was five stories high; was divided into four wings with seventeen cell blocks distributed over five floors, to discredit Sheriff Mangum’s characterization of the entire affidavit as “an infamous lie.”

He continued by asking if his other references to the structural conditions at the Tower also were lies. He added that Conley had furnished him with an affidavit as to the treatment he had received as a prisoner at the jail, and said he had given to Sheriff Mangum the name of one person, though what the charges are against this person the attorney does not specify. He intimated he had performed services for the Sheriff in the past and that there was much more he could tell if he desired.

The attorney concludes his reply to the Sheriff by the observation that Mr. Mangum “must be reaching the point where his usefulness to the public in his present position is at an end, and the citizens of this county would do well to select from among his ranks of splendid deputies a new Sheriff in the next election.”

In discussing his affidavit, Mr. Smith remarked:

“I did state that I thought the condition was due to the physical construction of the jail and to the fact that the county authorities did not give Sheriff Mangum money to hire sufficient guards. I stated that the best Sheriff in the world, with the best and the most efficient deputies, could probably do no better under the conditions that Sheriff Mangum and his deputies were placed. If I lied anywhere, it was in an effort to exonerate Sheriff Mangum from any blame in connection with the conditions in Fulton County jail.

“Mangum may forget, but he has men on his force who do not, and the general public remembers the weight of obligation that should rest upon him for services rendered by me to him in the past. For him to rush into public print and denounce me as an ‘infamous liar,’ probably without reading the many statements made in my affidavit exonerating him and his men, is not entirely surprising to me.

“If Sheriff Mangum wants me to tell the general public through the press the conditions as I know them to exist relative to the Fulton County jail, I can do it, and with the gloves off.”

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The Atlanta Georgian, June 14th 1913, “Sheriff Mangum Near End, Says Lawyer Smith,” Leo Frank case newspaper article series (Original PDF)

Asks Jury to Resume Probe of Dictograph

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The Atlanta Journal

Saturday, June 14, 1913.

Attorney Felder Wants Gentry Affidavit Weighed—Foreman Beck Non-committal

Thomas B. Felder, the attorney, is said to have requested Foreman L. H. Beck, of the Fulton county grand jury, to take up an investigation of an affidavit alleged to have been signed by George W. [sic] Gentry in which it is charged that the famous dictograph records were padded.

Mr. Felder took up the matter with the grand jury foreman by letter, it is said, and stated that he was ready to produce young Gentry whenever the jury needs him. Gentry is said to be in Washington, and Felder states that he is in daily communication with him.

Another figure in the dictograph episode who now is missing from the city is A. S. Colyar. At the Williams house, where he lived in the city, Colyar left no address, but reserved a room, saying that he expected to return to the city.

Chief of Detectives Lanford declares that he does not know the whereabouts of either Colyar or Gentry, although he is conducting a vigorous search in Washington for the latter.

Foreman L. H. Beck of the grand jury has stated again that the term of service of the present body is so short that it is absolutely necessary that it take up the routine business of the solicitor’s office.

The foreman, however, will not make a definite statement relative to the dictograph probe or to the vice probe.

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The Atlanta Journal, June 14th 1913, “Asks Jury to Resume Probe of Dictograph,” Leo Frank case newspaper article series (Original PDF)

Col. Felder Asks Early Jury Probe

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The Atlanta Constitution

Saturday, June 14, 1913.

Requests Investigation of the Gentry Affidavit—A. S. Colyar Is Not in Atlanta Now

Colonel Thomas B. Felder yesterday requested that the grand jury make an early investigation of the affidavit submitted by George Gentry in which he declared that the dictagraph records were padded.

On Friday afternoon he forwarded a letter to L. H. Beck, foreman of the jury, in which he asked that body to look into the matter as early as possible. Offering to appear before the jury at any time, Colonel Felder assured Mr. Beck that he could place before the jury evidence which would not only substantiate the statement of the stenographer, but would throw new light on vice conditions in Atlanta.

Gentry Willing to Testify

Colonel Felder also informed the jury foreman that at any moment he could bring George Gentry before that boy to give his testimony. Gentry, he said, was ready and willing to come back to Atlanta. While Colonel Felder stated that he was in daily communication with Mr. Gentry, the detective department is not so fortunate. Chief Lanford, having so far failed to locate the youth in Washington, where he is living under an assumed name and working for a business house there.

Coincident with the proposed investigation of the dictagraph charges is the absence of A. S. Colyar. Colyar could not be found Friday or last night. At the Williams house where he lived while in the city, he was said to have left town with instructions to retain his room for future occupancy.

The clerk of the hotel said that he did not know of the man’s whereabouts or when he was expected to return. Colyar, he said, had not told of his destination upon leaving several days ago. It is reported that he has gone to Washington to locate Gentry the stenographer and ascertain whether or not his sensational affidavit was correct. Another rumor is that he is in Cartersville, Ga., his home to which his wife returned several days previous to his departure.

Where is Colyar?

Chief Lanford, with whom Colyar has been closely associated during the latter’s sensational operations in Atlanta, said that he did not know where Colyar could be located or whether or not he was in or out of the city. Others with whom Colyar has been connected say they do not know of his whereabouts. He was seen as late as Saturday night. Efforts to find him in Washington have been to no avail. Continue Reading →

Solicitor H. M. Dorsey Leaves for New York

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The Atlanta Journal

Saturday, June 14, 1913

Declares Visit Has Nothing to Do With Phagan Case, Which Is Complete

Hugh M. Dorsey, solcilictor [sic] general of the Atlanta circuit, left Atlanta for New York and Atlantic City on Saturday afternoon at 2:45 o’clock.

Mr. Dorsey states that he will be away from the city for a week, and is going simply to get a needed rest, and vacation from the duties of his office. He denies that his visit to New York has anything to do with the case against Leo M. Frank, who is charged with the murder of Mary Phagan. It was rumored that Mr. Dorsey would make a personal investigation of the past life of the accused man, but the solicitor states that this rumor is without any foundation.

The duties of the solicitor’s office are naturally arduous, and Mr. Dorsey almost since the murder of Mary Phagan, has had charge of the active investigation of the case as well as his routine work, and as a result is greatly in need of a rest.

Mr. Dorsey’s absence from the city for a week is not expected to delay the trial of Frank.

While he has made no announcement, it has been generally conceded that the official will set the Frank trial for June 30, and it will then depend on the defense as to whether or not a postponement of the case is asked.

For the reason that the court generally do not sit during the months of July and August, it is said to be extremely probable that Frank will actually come to trial on June 30, as a postponement then will probably mean that the case will not be reached until September.

The fact that the solicitor is willing to leave the city at this time is taken by those familiar with the Phagan case as an indication that at last the investigation is complete, and that all sides are simply waiting for the hour of trial to come.

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The Atlanta Journal, June 14th 1913, “Solicitor Hugh M. Dorsey Leaves for New York,” Leo Frank case newspaper article series (Original PDF)

Conley Released, Then Rearrested

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The Atlanta Constitution

Saturday, June 14, 1913

After a short hearing in his chambers yesterday Judge L. S. Roan, of the superior court, revoked his former order holding James Conley, the negro sweeper, as a material witness in the Phagan case, and ordered his release from the custody of the state. The negro was immediately rearrested and held by city detectives on a charge of suspicion.

By this the detective department and Solicitor Hugh Dorsey won their first point, as had the negro been ordered held by the state, he would have been transferred to the Tower and placed in the custody of the sheriff, where the detectives could not have reached them at their own free will.

Rosser Makes Protest.

Solicitor Dorsey secured the order for the release of the man who has sworn that Leo M. Frank, now under indictment for the murder of little Mary Phagan, is the real murderer, and Attorney Luther Z. Rosser, representing the indicted man, placed before the court a formal protest to the freeing of the negro.

William M. Smith, counsel for Conley, also filed a bill before the court on behalf of the negro, in which Conley swore to intimidation during the one night he spent at the jail, and declared that he had been approached by a man whom he believed to be in the employ of Frank, and that this man had given him sandwiches, which he feared to eat, and had offered him whisky.

Attorney Rosser stated that he did not wish to make the point that Conley was a material witness, but in his bill which he termed a “protest,” declared that all evidence pointed to Conley as the murderer, and took Chief of Detectives Newport Lanford severely to task for their treatment of the negro.

Attorney Rosser’s Plea.

“To enact the farce in the court’s presence of releasing the negro and immediately returning him to his wet nurses at police station would resemble child’s play,” said Attorney Rosser.

“That the detectives should wish to keep Conley in their custody and entertain him at the city’s expense is not at all surprising,” the attorney declared in his bill. “They have already exacted from him extravagant, unthinkable and unbelievable confessions, three or four in number. To these they have given widest publicity, and to the credibility of the last have staked their reputations and hope of place.”

Attorney Rosser also made the point in his answer that Chief Lanford was not a proper person in which to place the negro’s custody, and declared that he should rightly be turned over to the sheriff of Fulton county, as an unbiased officer of the law, who had nothing at stake in the matter. Continue Reading →

Solicitor H. M. Dorsey Wins in First Clash; L. Z. Rosser Declares Procedure a Farce

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Atlanta Journal

Friday, June 13th, 1913

Conley is Prisoner of City Detectives, Not of State, Now

Conley Says His Attorney Believes Idea of Transfer Originated With Friends of Frank, to Harm Him

JUSTICE WARRANT MAY ROB DORSEY OF VICTORY

As Negro Is Held Simply on Suspicion, Any Citizen Might Secure Transfer to Tower on J. P. Warrant

James Conley, the negro sweeper, passed from the custody of the superior court Friday morning, and Solicitor General Dorsey won the first legal point in the prosecution of Leo M. Frank, who has been indicted for the murder of Mary Phagan.

Judge L. S. Roan, after a short hearing, which commenced in his chambers at 10 o’clock, granted the solicitor’s petition that the court’s former orders holding Conley as a material witness in the case against Frank, be revoked, thus preventing his transfer to the county jail.

When the court’s action became formally known at police headquarters Conley was released and immediately rearrested on a charge of “suspicion,” and put back in his old cell, where he claims he is afforded protection from friends of Frank, who, he alleges, annoyed him when he was in the Tower.

Judge Roan in opening the hearing remarked that he would have granted the solicitor’s petition instanter had it not been for the unusual excitement about the case. He had issued a rule nisl calling upon any one who so desired to protest the solicitor’s petition, he said, simply out of an abundance of caution.

The court said the only point at issue was whether or not Conley is a material witness in the case.

Present were Luther Z. Rosser, chief counsel for Frank; Stiles Hopkins, of Mr. Rosser’s law firm; Bernard L. Chappell, counsel for Newt Lee; William M. Smith, counsel for Conley, and several attorneys not identified with the case.

The court asked these gentlemen if any one desired to make the point that Conley is a material witness in the case.

While the solicitor has openly stated that Conley is a material witness, he naturally did not make the point before the court.

DECLINED TO MAKE POINT.

Attorney Rosser said that he did not care to say that the negro was material to him.

He stated that he wished to formally file an answer to the rule nisl, with which he had been served, and to make his answer a part of the record in the case. Continue Reading →

Negro Freed But Jailed Again On Suspicion

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

The Atlanta Georgian

Friday, June 13, 1913

Rosser Declares ‘Gibbering Statements’ Point Out Sweeper as Guilty of Slaying.

James Conley, self-confessed accessory after the fact in the murder of Mary Phagan, Friday was discharged by Judge L. S. Roan entirely from the custody of the State on the petition of Solicitor Dorsey.

Technically free, Conley was at once rearrested and held by the police on suspicion in the murder mystery. The action of Judge Roan constituted a victory for Solicitor Dorsey, who was fighting to prevent the authorities returning Conley to the Tower, from which he had been taken on the representation of his attorney, William M. Smith, that the negro was threatened and intimidated in the Tower.

Luther Z. Rosser, attorney for Leo Frank, made a bitter protest against the liberation of the negro, which, in the opinion of Judge Roan, was the only legal alternative of returning him to the county jail. He made a still stronger protest in a formal written statement placed on file as a record in the case.

Accuses Conley as Slayer.

In this he charged that the negro’s series of “gibbering and incoherent statements,” together with the attendant circumstances of the crime and Conley’s subsequent actions, pointed to him as guilty of the murder beyond any reasonable doubt.

Less than ten minutes was occupied in the disposal of the case. Judge Roan did not read either the statement of Attorney Rosser or that of Attorney Smith, who submitted the reasons he wished his client kept at the police station. The dispatch with which the petition was acceded to was a complete surprise. A protracted and hard fought legal battle had been expected.

Judge Roan said that he was without authority to hold the negro in the custody of the State so long as he had no formal application from either side. The Solicitor, he said, was asking for the release of the prisoner, and Attorney Rosser had characterized his statement only as a “suggestion.” Continue Reading →

Judge Roan to Decide Conley’s Jail Fate

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

Atlanta Georgian

Friday, June 13th, 1913

Chief of Detectives Lanford Receives No Order to Take the Negro Sweeper to Court.

A more explicit accusation of murder against Jim Conley, negro sweeper at the National Pencil Factory, than has yet been made since his name has been connected with the Phagan mystery, was expected Friday morning when Luther Z. Rosser, attorney for Leo Frank, was to appear before Judge L. S. Roan to combat Solicitor Dorsey’s move to keep Conley at the police station and away from the tower.

The probability that Conley, accuser, and Frank, accused, would be brought face to face at the hearing was lessened when it was learned that Chief of Detectives Lanford had received no order to take the negro into court and had made the statement that he would not bring the negro out of the station without an order to that effect.

The hearing Friday morning was understood to be largely the outcome of a persistent demand on the part of Frank’s attorneys that Conley, a self-confessed accessory after the fact of Mary Phagan’s murder, and possibly the actual principal, should be removed from the police station and held in the tower.

His Rearrest is Probable.

Judge Roan, following this agitation, decided that he had possessed no authority to remand the negro to the police station, rather than to the Tower. To checkmate the transfer back to the Tower Solicitor Dorsey petitioned that Conley be freed, representing that the need for holding him as material witness no longer existed. Judge Roan set Friday morning for the hearing to show cause why the Solicitor’s petition should not be granted.

The effect of the petition’s success merely will be that Conley will be technically liberated, but will be rearrested and held “on suspicion,” or as a material witness at the police station by the police officers. In the event of the failure of the petition Conley will be returned to the Tower unless the fight is carried still further. Continue Reading →

Luther Z. Rosser Declares Detectives Dare Not Permit Jim Conley to Talk Freely

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Luther Z. Rosser, leading attorney in the defense of the indicted pencil factory superintendent. He was snapshotted Friday morning while on his way to the court house to protest to Judge Roan against James Conley, the negro sweeper, remaining in the custody of the city detectives.

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

The Atlanta Journal

Friday, June 13, 1913

“Conley and His Counsel Are Wise—Their Hope Is That the Detectives Will Save Negro From a Confession, Giving Him Immunity, Provided He Continues to Put Guilt on Frank”

Several sensational points are contained in the written answer which Rosser & Brandon, attorneys for Leo M. Frank, made Friday morning to the rule nisi issued by Judge L. S. Roan calling upon Leo M. Frank, Newt Lee, or any other person suspected of the murder of Mary Phagan, or any citizen of the state of Georgia, to show cause why James Conley, the negro sweeper, should not be released as a material witness.

This answer was filed by Attorney Rosser, wkho [sic] referred to it as a “protest” and who asked that it be made a part of the court record. In it the attorneys for Frank declare that “to enact the farce in the court’s presence of releasing the negro and immediately return him to his wet nurses at the police station would resemble child’s play.”

The intimation is very clearly made that the solicitor general and the detectives wish to keep Conley in their custody at police headquarters in order that they may bolster up his sworn confessions and that they dare not let the negro talk freely for fear that he may destroy the value of “one of a number of contradictory statements made by him.”

“That the detectives should wish to keep Conley in custody and entertain him at the city’s expense is not at all surprising,” says the answer. “They have already extracted from him extravagant, unthinkable confessions, three or four in number. To these statements they have given the widest publicity, and to the credibility of the last one they have staked their reputations and hope of place.

“Upon the constancy and stability of this witness they have staked their […]

(ontinued [sic] on Page 7, Col. 1.)

ROSSER DECLARES DETECTIVES DARE NOT LET CONLEY TALK

(Continued from Page 1.)

[…] all. They would be less than human if they did not bend all their power and ingenuity in holding him to his present statement, adding to and taking therefrom only such things as will aid its credibility.” Continue Reading →

Negro Conley May Face Frank Today

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

The Atlanta Constitution

June 13, 1913

Hearing Before Judge Roan Today Will Decide Whether Negro Will Be Sent to Tower.

Whether James Conley, the negro sweeper, who swears that Leo Frank got his aid in disposing of Mary Phagan’s body and made him write the notes found near her, will be held as a material witness in the county jail or turned free and re-arrested by detectives as a suspect and then kept at police station, is due to be decided at 10 o’clock on the hearing of the rule nisi before Judge L. S. Roan.

The question of Conley’s liberty is not at stake, as the solicitor as well as Attorney L. Z. Rosser, for Frank, and the negro’s own lawyer, W. M. Smith, have announced that they desire him held.

Judge Roan has reached the decision that the negro should be kept at the Tower, where it is claimed that he does not wish to stay, as he asserts that he was intimidated while spending one night there after swearing to writing the notes.

Frank’s attorneys desire that the negro be placed in the Tower where Frank, under indictment for the murder, and Newt Lee, held as a material witness, are now kept.

Frank May Face Negro.

It is possible the meeting between Frank and the negro sweeper, which detectives have urged for several weeks, will finally take place today when the rule nisi is heard, as Frank is one of those named to show cause why the negro should not be released and Solicitor Hugh Dorsey may demand that he appear in person.

Should the negro be quizzed in the presence of the man whom he accuses, his every action and look as he sees Frank’s eyes upon him will be followed closely by detectives and by the solicitor himself, and a crisis in the case may develop from the meeting.

While it is certain that Attorney Rosser will go as far as possible in his attempt to have the negro held in the custody of the state, which means his incarceration in the Tower and out of reach of the detectives, it is not believed that he will speak freely or show many of his reasons for his claim that Conley is the murderer.

It is known that the greatest wish of the attorney for Frank is to get Conley out of the hands of the detectives and on account of this it is possible that he will show his hand to a certain extent at today’s hearing.

* * *

The Atlanta Constitution, June 13th 1913, “Negro Conley May Face Frank Today,” Leo Frank case newspaper article series (Original PDF)

Beavers Trying to Find Gentry

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

The Atlanta Constitution

June 13, 1913

Felder Says He Will Be Produced at the Proper Time. Notary Declares Affidavit Is Genuine.

Miss Jeannette Henning, the notary public whose official seal was attached to the affidavit made recently by George Gentry, has informed The Constitution that she took the document from him last Monday, and that although it is genuine, she does not know its contents. She states that she had never met Gentry prior to the time he made the affidavit.

Chief Beavers, who has for the past several days been attending the convention of national police chiefs in Washington, is conducting a search of that city for the young stenographer. He is assisted by a number of detectives put at his command by Major Sylvester, head of the Washington police department.

Beavers was requested by Detective Chief Lanford to find Gentry, and to ascertain positively whether or not the youth had attested to the startling affidavit. Thursday noon, Lanford received a message from the chief saying that he was unable to locate his man, but that the search would continue as long as Beavers remained in Washington.

Continue Reading →