Tag Archives: Atlanta Georgian

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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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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Stover Girl Will Star in Frank Trial

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Judge L.S. Roan, who will preside at trial of alleged slayer of Mary Phagan.

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

The Atlanta Georgian

Thursday, June 26, 1913

State, However, Must Prove She Entered Factory Before Mary Phagan.

With the selection of the court room made Thursday, all is virtually in readiness for the trial of Leo M. Frank, accused of strangling Mary Phagan. The venire of jurymen has been selected and July 28 is fixed as the date, and both sides have announced they are ready to go into court.

A definite decision was reached by Judge L. S. Roan to hold the trial on the first floor of the old City Hall building. The decision was reached after a conference with Solicitor General Dorsey, and it was represented as impracticable to hold the trial in the small and not well-ventilated court room in the Thrower building.

The State is maintaining its determined attitude toward the subpenas duces tecum issued by the defense. Frank A. Hooper, assisting in the prosecution, has branded them as a palpable trick to discredit the testimony of the State’s witnesses.

Girl Star Witness.

The witnesses will be present with the affidavits called for, but a hot fight will be put up by Solicitor Dorsey and Attorney Hooper to prevent their use by the defense.

Monteen Stover, a timid little 14-year-old girl, will be a star witness in the trial [of Leo M. Frank July 28 on the charge of strangling Mary Phagan in the National Pencil Factory],* according to all indications Thursday.

[The frequency with which she has been called upon to repeat her story of going to the factory on the day of the crime and finding Frank absent from his office is taken as an almost certain indication that the prosecution regards her statements of the utmost importance.]

The State, if it is able to establish that Monteen Stover entered the factory on the day of the crime just after Mary Phagan went inside, will have scored a most significant victory. The evidence will still be circumstantial, it is true, but it will be of greater weight even than the weird stories of the negro sweeper, Jim Conley, who has sworn that he aided Frank in disposing of the body.

Adds to Mystery.

Her story; however, until it is substantiated or disproved in court, only adds to the mystery of a crime which already abounds in baffling and mysterious phases. Her appearance on the witness stand may mean everything or nothing—because there is the startling fact that every indication points to Monteen Stover having entered the factory BEFORE Mary Phagan. Continue Reading →

Conley, Put on Grill, Sticks Story

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

The Atlanta Georgian

Wednesday, June 25, 1913

Police Resume Questioning of the Negro Sweeper Who Accuses Leo Frank.

Puzzled by several of the statements of Jim Conley in regard to his part in the happenings the day that Mary Phagan was killed, the police have resumed the questioning from which the negro had been free since he was taken to the police station by the detectives.

One point that has not been cleared up is why Conley saw every one else that went into or left the factory and yet failed to see Mary Phagan.

Conley, on Sunday, was confronted by Monteen Stover. He identified her as the girl he saw enter the factory shortly after 12 o’clock on the day of the crime. Yet he still maintains that he did not see Mary Phagan, although Mary must have entered the factory either just before or just after the Stover girl was in the building. The evidence in the possession of the State shows that there could hardly have been more than three to five minutes intervening between the times that the two girls were in the factory.

Want Clearer Statement.

Conley has been asked to explain this apparently improbable circumstance. Conley at first denied that he had seen Lemmie Quinn in the factory on the Saturday of the murder. Later he said he had seen the factory foreman. Which statement is believed by the State is not known. What explanation is made by the negro for lying in regard to the matter also is conjectural.

Mary Phagan left her home on April 26 at about 11:50 o’clock. Living in Bellwood, it is regarded as unlikely that she reached the factory in less than 25 minutes, or at 12:15. Monteen Stover had testified that she visited the factory at about 12:10, which would be just before Mary Phagan had entered the factory, if the times testified to are correct.

Conley, on this account, has been asked if he saw, from his vantage point behind the boxes, Monteen Stover enter the factory at 12:10 o’clock, and Lemmie Quinn enter at 12:20, why he did not see Mary Phagan when she entered in the interval between the visits of the Stover girl and Lemmie Quinn.

Sticks to His Story.

Another point on which he has been questioned is as to how he could have left his home at the time he has testified and visit all the saloons of which he has told and still meet Frank at Nelson and Forsyth Streets as Frank was on his way to Montag Bros. factory. Frank, according to the statements of members of the Montag firm, was in their building by 10 o’clock. Yet the things that Conley has testified to doing would have taken him until considerably after 10 o’clock, according to a conservative estimate. Continue Reading →

Both Sides Called in Conference by Judge; Trial Set for July 28

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

The Atlanta Georgian

Tuesday, June 24, 1913

Dorsey, Beavers and Lanford Summoned to Appear June 30 With All Affidavits They Have Secured Relative to the Phagan Slaying Case.

Just before the conference with both sides in the Frank case started Judge Roan intimated strongly that he would set the case for July 14 or July 28 and hold it in some more commodious court room than the one in which he sits on the fourth floor of the Thrower building. Judge Roan’s personal inclination leans to a date in July, and it is not likely that the State or defense will object to acceding to his wishes.

The date was definitely fixed for July 28 at the conference.

The first important legal move by the defense in the battle for the life and freedom of Leo Frank, accused of the strangling of Mary Phagan, was made Tuesday in the issuance of subpenas duces tecum for the prime movers in the prosecution of the factory superintendent.

The following have been subpenaed to appear:

Solicitor General Hugh M. Dorsey, who will prosecute the prisoner.

Chief of Police James L. Beavers, who was the leader in obtaining incriminating affidavits.

Pinkerton Detective Harry Scott, to whom is generally given credit for the admissions gained from Conley.

All other city detectives who have worked on the case.

All of them are ordered to produce any affidavits they may have bearing on the case in court June 30, indicating that the defense will be prepared to go on with the trial at that time.

Judge Roan, however, had called a conference of the attorneys on both sides of the case for 2 o’clock in the afternoon, when he announced that he would set the date definitely after the attorneys had been given an opportunity to say whether or not their cases would be in shape to present if the trial were called the last of this month.

Plan to Use Same Evidence.

The startling move on the part of the defense was taken to mean that Frank’s lawyers propose to use to free their client the very evidence the detectives and Solicitor General have collected to send him to the gallows.

The most significant demand is made upon Chief Beavers, who is commanded to bring into court the famed series of affidavits made by the negro sweeper, Jim Conley. It is evident that Attorneys Rosser and Arnold, who are conducting the defense, intend to tear the contradictory stories of the negro to tatters and make his statements so utterly ridiculous and improbable that the jury not only will refuse to accept them, but will interpret them as an effort of Conley to get from under the blame for a crime that he committed himself. Continue Reading →

Venire of 72 for Frank Jury Is Drawn

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

The Atlanta Georgian

Monday, June 23, 1913

Negro Conley Sticks to Affidavit Story When Again Cross-Examined by Dorsey.

The first official action of the court in preparing for the trial of Leo M. Frank for the murder of Mary Phagan was taken Monday afternoon when Judge L. S. Roan impaneled 72 men, from whom a jury to hear the case will be sought.

June 30 was agreed to by Judge Roan for the opening of the case. If a postponement is desired it will now have to be asked for in open court.

As yet Judge Roan said he had received no intimation from the defense that a delay was wanted. Solicitor General Hugh M. Dorsey said Monday the prosecution was ready for trial.

Trial in Thrower Building.

An extra staff of deputies has been sworn in and subpenas to jurymen impaneled and witnesses are now being served.

No plans for a larger room in which to hear the case have matured, and it is likely that the courtroom of the Superior Court in the Thrower Building will be used at last, despite its size and lack of comfort.

Jim Conley, the negro sweeper, was brought before Solicitor Dorsey Monday morning for another cross-examination. The questions were solely along the lines of the negro’s affidavit charging Frank with the crime. As the Solicitor later said, he had only refreshed Conley’s mind on the points he had made in his statement. The negro told the same story he told before without deviation. Continue Reading →

State Ready for Frank Trial on June 30

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

The Atlanta Georgian

Monday, June 23, 1913

Defense Has Announced Its Case Is Complete and Judge Roan Is Free.

Prosecuting Attorney Hugh M. Dorsey announced for the State Monday morning that the trial of Leo M. Frank would be placed on the calendar for the week of June 30.

The defense had announced that its case was completed and no continuance would be asked unless some unforeseen contingency arose.

The trial judge, L. S. Roan, will have the most to say about the date for the trial. He intimated he would be ready on this date and would personally make no move for a continuance. He said, however, that in the event of it being impossible to open the trial June 30, he would be at leisure between July 14 and 28, and it is not improbable the trial may be advanced to that date.

Dorsey Back From East.

Solicitor Dorsey returned to Atlanta Sunday afternoon from a week’s vacation in New York. He called a conference with his assistants, E. A. Stephens and F. A. Hooper, at his home Sunday evening. Following it he announced that he would be ready for trial on June 30 and that unless the defense or the trial judge moved to have the trial postponed he would commence at once summoning witnesses and getting ready. Continue Reading →

Jurors, Not Newspapers, To Return Frank Verdict, Declares Old Reporter

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

The Atlanta Georgian

Sunday, June 22, 1913

Writer Declares He Has Only Worked for Fair Trial and Fair Play—Race Question Is No Issue in Phagan Case—Rosser Not Writer.

By AN OLD POLICE REPORTER.

There were few developments in the Phagan case last week that to my mind were worth considering seriously or that threw new light upon the mystery.

Perhaps it was because of this that a good many people wrote letters to “The Old Police Reporter”—some commending my articles, others condemning them; but in every case indicating clearly that the interest has not lessened.

I observe that some of the State newspapers are publishing foolish little paragraphs, bearing the Atlanta date line, to the effect that the Hearst newspapers have been “bought to defend Frank.” This is too foolish to notice.

Still other newspapers are taking advantage of the silly season to point out various phases of the case that to my mind are neither vital nor interesting.

Let me say again, as positively as I can, that these articles written by an old police reporter, are not for the purpose of either making a case for or against any other individual.

Newspapers Will Not Render Verdict.

My aim is to set down in a fair, truthful way my own opinion of the case. I do not know whether the editor of the Hearst newspapers indorses [sic] my views or not.

I am of the opinion that the editor of The Sunday American and The Georgian believes that it is not within his province to try Frank or Conley, but that it is his duty to give all the facts in the case that are obtainable and to let the law and the jury decide WHO is guilty.

I am not a believer in trials by newspapers. I believe in the courts, in our judges, and in our juries.

I know nothing about the Phagan case that has not been published in the newspapers. I do know that Frank has been indicted. I do know, as does everyone else, that there is a chain of circumstantial evidence which, held together in court, will make the case against Frank very serious. Continue Reading →

Arnold to Aid Frank

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Reuben Arnold, noted Atlanta lawyer, who in a statement to The Sunday American says he will help defend Leo M. Frank, accused of slaying Mary Phagan.

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

The Atlanta Georgian

Sunday, June 22, 1913

Declares Prisoner is Innocent

Has Studied Case Deeply, He Says

Noted Lawyer, in Statement to Sunday American, Tells Why He Has Decided to Take Up the Defense of the Accused Man.

Negro Conley, in New Interview, Asserts He Is Eager to Face Leo M. Frank in Court and Repeat Story of Alleged Part in Crime.

Positive confirmation of the report that he would be one of counsel for the defense in the trial of Leo M. Frank, for the alleged strangling of Mary Phagan, was made Saturday night by Reuben R. Arnold, in a statement unqualifiedly declaring that there could be no room for the belief that Frank was guilty of the murder.

Mr. Arnold expressed his conviction that no white man committed the crime, and said that if he had not thoroughly convinced himself of Frank’s absolute innocence he would not have undertaken to assist in the defense.

The brilliant attorney, in forcible language, made known his surprise that the detectives could continue to place the responsibility on Frank in the face of what he described as the positively incriminating affidavits of the negro sweeper, Jim Conley.

Makes Formal Statement.

The news of his connection with the Phagan case, which was anticipated by The American of three weeks ago, was contained in the following formal statement which was given to the newspapers:

It is true that I have accepted employment to assist in the defense of Mr. Leo M. Frank, but I wish to state that before I agreed to take the case I made it a condition that I should have time to study critically all the evidence delivered at the Coroner’s inquest and all the affidavits that have reached the public through the newspapers, so I could form an opinion for myself as to Frank’s innocence or guilt. I would not defend any man if guilty of such a murder as the one in this case.

After studying the evidence as critically as I can, I am satisfied that I hazard not a thing in saying that there is no room to believe Mr. Frank guilty of this horrible murder, I do not believe that any white man committed the crime.

Indeed, it is surprising to me that the detectives should continue to try to put this crime on Frank with the positively incriminating affidavits of Conley before them. People of common sense, unless under great excitement, ought not to give a moment’s credence to either the Formsby [sic] or the Conley statement, in so far as they attempt to incriminate Mr. Frank.

I see the detectives are gradually giving it out that Mrs. Formsby [sic] will not be called as a witness, although her affidavit has been paraded before the public bearing the unqualified indorsement [sic] of the detective department as being perfectly reliable and true. Worse than this, an intimation was published in the newspapers that Frank’s friends had persuaded her to leave town. In this and in many other ways our client has been done a very great injustice. The effort seems to have been not to find the criminal, but to try by all means to put the crime on Frank.

However, I think we will be able to clarify the situation in due time.

The Arnold statement constitutes one of the strongest documents of the whole Phagan mystery. It is known that the attorney has been interested in the case for weeks. During this time he carefully has gone over every scrap of evidence accessible, with the idea in view of satisfying himself beyond the possibility of a doubt of the innocence of Frank. He has not confined himself to the affidavits of the defense. Continue Reading →

Justice Aim in Phagan Case, Says Hooper

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

The Atlanta Georgian

Saturday, June 21, 1913

I have not been employed in the case to prosecute Leo M. Frank, but to help find and convict the murderer of Mary Phagan. If the trial proves we are wrong, we will begin work on another angle. We have but one object and idea. It is that justice and the law be vindicated. We are, however, convinced we have a strong case against the accused.

FRANK A. HOOPER,
Attorney.

Mrs. Mina [sic] Formby and her sensational affidavit will not be used by the State in the trial of Leo M. Frank, according to a statement Saturday from Attorney Frank A. Hooper, assisting the prosecution.

Mr. Hooper said the State had never attached any importance to the affidavit, except for the first few days, and that when Mrs. Formby mysteriously disappeared from the city, the State eliminated her from the case entirely and made no effort to locate her. He said time set forth in the affidavit and the alleged facts were at too wide a variance with anything the State expected to prove, and there had been no trouble in making the case without her.

Affidavit Did Not Fit.

“The woman’s affidavit did not fit in anywhere in our case,” said Mr. Hooper. “If it had we would have looked around a long time for witnesses to substantiate it before we put her on the stand. When she left Atlanta we considered her gone for good, and built without her. Mr. Dorsey and myself discussed her statement several times, and we decided she could not be used to any advantage.”

Mr. Hooper said it has been decided to put the Frank case on the calendar for the week of June 30 and the State would be ready for trial on that day.

“When Mr. Dorsey returns from New York to-night or Sunday, we will go into a conference and definitely outline the case to be presented by the State,” said Mr. Hooper. “We had decided to have it called Monday morning, June 30. Unless the defense asks for a continuance, the case will probably be tried then.”

No Weak Points Remain.

He said that he had been acquainted with every bit of evidence that was in the hands of the State and had studied it carefully with the Solicitor. For one week, he said, he and Mr. Dorsey worked incessantly on the sworn statements secured from the probable witnesses.

“Where there was a weak point we either strengthened it or eliminated it entirely. We have not depended on the evidence of any one person alone to build our case on [sic] make it stand up. We are prepared for any emergency, and feel that we have left no stone unturned in our investigation. We are confident there are no more mysterious witnesses to be heard from, for we feel that we have questioned everyone who could possibly know anything of importance.”

Mr. Hooper would not discuss the many conflicting statements of the negro Jim Conley and the part he was expected to play in the State’s case.

The strong probability that Leo Frank will not be called for trial June 30 was discussed Saturday by persons interested in the case. The attorneys for the accused man have stated that they were prepared to go into court at any time, although it is not usual to give the defense so little time in a capital case.

Frank was arrested April 29. If his case is called June 30, only two months will have elapsed since he was seriously suspected of being involved in the crime. More time than this ordinarily is given the attorneys for the defense to investigate every circumstance and story which may point to the innocence of their client. Continue Reading →

Frank Trial Will Not Be Long One

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The Atlanta Georgian

Friday, June 20, 1913

Few Witnesses of the Scores Examined Will Be Called When Case Is Heard.

That the trial of Leo M. Frank will take a much shorter time that is generally thought was indicated in a statement by Judge L. S. Roan. The judge said the greatest difficulty and almost as great a length of time would be consumed in drawing a jury as in the hearing of the case. He said the actual taking of evidence might not consume more than a day.

Judge Roan intimated that he expected neither side to introduce the scores of witnesses who had been examined and made affidavits, but that from these witnesses the State and the defense would select the most material evidence, or salient points, and then introduce the most reliable witness who could cover the ground.

For instance, eight or ten different persons might be able to testify on some different minor points, while there would be one witness who could testify to the same thing the different witnesses could. This witness, he thought, would be the one to go on the stand, and the others would not be summoned.

Affidavits Are Plentiful.

As a matter of fact, it is known that only a comparatively small number of the witnesses examined by the Solicitor will be introduced at the trial. In the course of his investigation he secured an affidavit from almost every employee of the pencil factory. While he questioned them closely and had each sign an affidavit, he found little that threw any new light on the case. He examined them, he said, to be sure that he would overlook nothing that might have been missed at the Coroner’s inquest or by the police. Continue Reading →

Blow Aimed at Formby Story

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The Atlanta Georgian

Thursday, June 19, 1913

DEFENSE HAS WITNESSES TO REFUTE WOMAN

Learns Identity of Other Persons in Home on Night of the Phagan Slaying.

That the defense in the trial of Leo M. Frank will be able, if it wishes, to produce three or four witnesses who will testify that the affidavit of Mrs. Mima [sic] Formby is untrue was discovered Thursday when the identity of the other persons in the house of Mrs. Formby, 400 Piedmont Avenue, the night of April 26, when Mary Phagan was murdered, was learned.

It was from Mrs. Formby that the detectives obtained what they consider one of their most sensational affidavits against Frank. She signed a statement swearing that Frank called her up a half dozen times the night of the murder and tried to persuade her to let him bring a girl to her house. She said she refused.

“It’s a matter of life or death,” she said she told her over the telephone.

Returns to Atlanta.

Mrs. Formby returned to Atlanta Wednesday, after a mysterious absence of several weeks. She said she proposed to stick to her original story when she was called as a witness in the trial of Frank.

In spite of her strong declaration in the truth of her affidavit, no one else who was in the house the night of April 26 has been found who will corroborate her statements. All say that the affidavit is false. Continue Reading →

Rush Plans for Trial of Leo Frank

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The Atlanta Georgian

Wednesday, June 18, 1913

Extensive Preparations Made to Accommodate Great Crowd Expected at Hearing.

When twelve books of evidence of more than 100 pages each were turned over to the Solicitor’s office Wednesday morning by his stenographers, Assistant Solicitor General E. A. Stephens announced the State could now go to trial on 48 hours’ notice. No evidence would be introduced, he said, except by witnesses who had already been questioned by the Solicitor.

To bring out the salient points in the evidence of each witness, the Solicitor plans to question them from the books. They will be carried over the same ground they were when they made the statements, and they will be asked no questions further than those they have already answered.

By his plan the Solicitor hopes to have the mind of each witness fresh and after he finishes the examination, according to his well arranged books of questions and answers, he thinks the defense will have difficulty in injuring the evidence on cross-examination.

Rush Plans.

Plans are being rushed to stage the trial. On account of the poor ventilation of the court room and the absence of ante-rooms to accommodate the scores of witnesses who will in all probability be sequestered, the court in the Thrower Building had been adjudged inadequate by Judge L. S. Roan and Solicitor General Hugh M. Dorsey.

Before leaving for New York he instructed his deputy to discuss with Judge Roan some new place to hold the trial where the large crowd could be accommodated and the heat would not be so excessive. The county board will be called upon to furnish a place and Mr. Dorsey will approve the selection when he returns from New York Saturday.

All plans for the trial will be completed before Saturday and the greater number of witnesses summoned. The week before June 30 the Superior Court officers will be busy with a mass of unimportant criminal cases. They will be unable to spare any time to prepare for the Frank trial and the necessary arrangements will have to be made this week.

Judge Thomas May Preside.

Judge W. C. Thomas, of the Superior Court, Valdosta, Lowndes County, was in a lengthy conference Wednesday with Assistant Solicitor E. A. Stephens, giving rise to the rumor that he might be asked to preside at the Frank trial, which will be called June 30.

Judge Thomas has presided at several other trials in Fulton County in which there was considerable local feeling, one of the most notable being the jail bond case. Judge L. S. Roan was to have presided at the Frank trial, but it is supposed that the intense local interest in the murder mystery will make him willing to turn the case over to an outside judge if the Solicitor’s office suggests the move.

* * *

The Atlanta Georgian, June 18th 1913, “Rush Plans for Trial of Leo Frank,” Leo Frank case newspaper article series (Original PDF)

Sensations in Phagan Case at Hand

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

The Atlanta Georgian

Tuesday, June 17, 1913

Out-of-Town Trips Believed To Be of Great Importance—Defense Has Strong Evidence.

Frank A. Hooper, associate counsel with Solicitor General Hugh M. Dorsey in the prosecution of the Phagan murder mystery, left Atlanta Monday for a trip to Indianapolis. Attorney Hooper was the third man closely connected with the Phagan case to leave town within a space of three days.

Colonel Thomas B. Felder, who took an active part in the hunt for the slayer of Mary Phagan until the dictograph controversy arose, left Sunday, saying that he was going to Cincinnati. He said that it was a business trip and intimated that it was related either to his quarrel with Chief of Detectives Lanford or directly with the Phagan case.

Solicitor Dorsey left the previous afternoon. He gave out that the prosecution entirely had completed its preparation of the Phagan case and that he was going away for a week’s rest at Atlantic City and New York.

Deny Mystery.

At the Hooper home Tuesday it was admitted that Mr. Hooper’s trip was on business, but denial was made that it was in connection with the Phagan case or that there was any significance in his departure practically at the same time as that of Solicitor Dorsey and Colonel Felder.

Rumors are circulating, however, that material witnesses in the case have been uncovered and that their testimony may have a most important bearing in determining the person who strangled Mary Phagan. It is said that the sudden trips out of town of Solicitor Dorsey and his associate, Attorney Hooper, may not be unrelated to these new developments.

The prosecution has been aware for some time that the attorneys for the defense have been weaving a strong net of damaging evidence around the negro sweeper, Jim Conley.

But Attorney Luther Z. Rosser, following his custom of silence, has let neither the public nor the prosecution in on the secret of the source of this important evidence. He has scores of affidavits. That much is known by the prosecution, but by whom they are signed will probably remain a deep mystery until the Frank trial begins. Continue Reading →

Colyar Returns Promising Sensation

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

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

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 →

State Takes Advantage of Points Known

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

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

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)