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

The Atlanta Constitution

Friday, July 11, 1913

Insurance Man Who Made Affidavit Says Conversation Was With Some Other Negro—Saw Conley at Station.

It was disclosed Thursday afternoon that William H. Mincey, the insurance agent who has made an affidavit to the effect that Jim Conley on the date of the Phagan murder drunkenly admitted that he had slain a girl had appeared at police headquarters during Conley’s grilling and had positively failed to identify the negro.

This was told a Constitution reporter by Detective Harry Scott of the Pinkertons and Detective Chief Newport Lanford. The insurance agent, they declared, had come to the police station while Conley was being cross-examined and had asked to see the prisoner.

He wanted to see if he could identify Conley as the negro whom he had seen drunk at the corner of Electric and Carter streets on the afternoon of Saturday, April 26. He was admitted to Conley’s presence. After asking the negro a number of questions pertaining to a conversation he had held with the black encountered at Electric and Carter streets, Mincey, the detectives assert, declared he could not identify the suspect.

He’s not the man I saw, Lanford and Scott say the insurance man declared.

Conley was asked by Mincey on that date if he had not talked with him about the issuance of a life insurance policy. Conley denied having ever seen the man. Mincey, the detectives say, was positive in his declaration that Conley was not the negro with whom he had held the conversation.

Did Not Approach Detectives

Scott said to the reporter last night:

This man Mincey never made mention of Chief Lanford and me of having heard the negro say he had killed a girl that afternoon. He never offered us any such story. He was so absolutely sure of his failure to identify Conley that we paid no more attention to him or his story.

If we had heard any such story against Conley and could have verified it like the report says it is now verified we would have immediately sworn out a warrant charging him iwth [sic] Mary Phagan’s murder. Neither Lanford nor I put credence in the report of Mincey’s affidavit. It looks flimsy from every standpoint.

Mincey is said to have put into the hands of Frank’s counsel a sworn statement declaring that on the afternoon of the Phagan muder [sic] he had encountered Jim Conley at the corner of Electric and Carter streets and had approached the negro on the subject of issuing life insurance.

Conley, his statement is said to state, was drinking and refused the insurance offer. I killed a girl this afternoon, he is reported with having answered, and I’m likely to be in jail tonight. He grew threatening the insurance man states and to avoid trouble Mincey walked away.

Investigating Possible “Plant”

It was announced from the Pinkerton offices last night that an investigation is being baed [sic] ons [sic] the theory that the Mary Phagan pay envelope which Detectives Harry Scott and John Black located on the first floor of the pencil factory was planted evidence.

The envelope was found crumpled behind a radiator near the spot at which Conley is alleged to have sat on the first floor in waiting for his employer’s summons to the second story. The nature of its evidence, it is said, is in direction of gluit [sic] toward the negro.

Fight to Free Lee

Attorney Bernard L. Chappell of Graham & Chappell, representing Newt Lee, the negro night watchman of the National Pencil facotry [sic], stated last night that he had secured subpoena for fifty witnesses to appear at the hearing of the habeas corpus at 10 o’clock Saturday morning and that on that occasion he would ask of the court an instanter order to bring Leo M. Frank and James Conley into court to testify about Lee.

A subpoena duces tecum has also been issued requiring Solictior [sic] General Hugh M. Dorsey to bring into court the grand jury docket and all papers referring to the case of Lee who was bound over be the coroner’s jury at the same time that Frank afterwards indicted for the murder of Mary Phagan was ordered held.

Solicitor Dorsey, his assistant E. A. Stephens, Detective Chief Newport Lanford, Pinkerton Detective Harry Scott and City Detectives John Black and Starnes and Campbell are also named in subpoenas.

In addition to these, Lee’s attorneys have had subpoenas issued for E. F. Holloway, day watchman at the factory, and for L. H. Beck, foreman of the grand jury, and for the foreman of the present grand jury and for a number of others to be present.

The fight will be made to free Lee on the grounds that he has not been indicted by two grand juries and that there is no legal reason for holding him further.

Fingerprints May Fix Guilt

Mary Phagan’s mesh bag pocket book, the one she carried to the pencil factory on the day of her tragic disappearance has been found on the scene of her murder and finger prints that are said to be lodged on its surface are expected to reveal the murderer, it was rumored around police headquarters Thursday afternoon.

Secrecy as impenetrable as that thrown around any phase of the investigation has been woven about this latest discovery. No one connected with the case will talk. Few deny, however, that the bag has been found.

The report prevalent around headquarters is that the bag was found about the same time of the envelope discovery. It has been kept secret, it is said, because of the reported success of Bertillon experts in discerning finger prints on its surface. Bertillon Expert L. M. Fletcher, of the United States government service, it is reported, made the finger print examination.

Chief Lanford would not commit himself and neither would Solicitor Dorsey. Chief Beavers maintained the same attitude of silence that has been characteristic of him during the entire Phagan investigation. Other than the rumor which came from responsible source, reporters could gain no further proof of the reported discovery.

Bertillon experts who examined the pay envelope, it is stated, have been unable to find finger prints thereon. Only one side  of the envelope was discovered. The lower side had been torn away. This condition of the clue has added mystery to its connection with the case.

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The Atlanta Constitution, July 11th 1913, “Conley Not Right Man, Says Mincey,” Leo Frank case newspaper article series (Original PDF)

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

The Atlanta Constitution

Tuesday, June 24, 1913

Indications Are Case Will Begin on That Day—Jury Panel Not Yet Drawn by Judge Roan.

The trial of Leo M Frank, superintendent of the National Pencil Factory, now under indictment for the murder of Mary Phagan on April 26 in the factory, has been definitely set for next Monday. This was the announcement of Solicitor General Hugh M. Dorsey last night after he had been working upon the court calendar for the coming week.

Solicitor Dorsey announced Sunday upon his arrival from New York city where he had spent the past two weeks that he intended to set the case for that date unless something unforeseen should come up. While he did not complete his calendar on Monday, he reached the Frank case and placed it definitely upon the docket.

The defense has indicated that it is ready to go [to] trial and it appears now that the case will actually be taken up on that day. Should it be postponed, it will be after a showing has been made in open court and a postponement granted by Judge L. S. Roan presiding in the criminal division of the superior court where Frank’s fate will be decided.

Panel Not Yet Drawn

The panel of venireman from which the jury to try Frank will be selected is expected to be drawn some time today or Wednesday. This is the duty of Judge Roan. It was rumored that the panel would be drawn from the jury list Monday afternoon, but this was not done. The list of prospective jurymen will not be made public after the drawing and only after their names are called when the trial has started and the task of picking the jury is begun will it be officially known who are the men who compose it.

It is expected that a special venire will be drawn containing the names of about 150 citizens as it is expected that many names will be stricken off the list before lawyers for the state and the defense are finally satisfied.

Picking Jury Important

Both Attorney Luther Z. Rosser and Attorney Reuben R. Arnold have wide reputations for their skill in choosing the jury and Solicitor Dorsey has also made this a study in the course of his criminal prosecution so that it is believed that this will be one of the longest and most important features of the trial. It is expected that it will take one or more days to choose the jury.

Since the return of Solicitor Dorsey to Atlanta he has been busily engaged in working on the case, despite the fact that he has announced that the case is ready as far as the state is concerned.

On Monday he and his assistant, E. A. Stephens were in conference with J. M. Gantt who was one of the first white men to be arrested as a suspect. Gantt was formerly an employee of the pencil factory and, according to testimony he returned to the factory to get an old pair of shoes on the day that the girl was killed.

He appeared before the coroner’s inquest and also before the grand jury following his release from custody. He stated that when he returned to the factory that Frank was preparing to leave and sent Newt Lee the nightwatchman upstairs with him to get his shoes. He was questioned closely as to Frank’s demeanor at that time.

The solicitor also had James Conley, the negro sweeper who has declared in a statement that Frank paid him to aid in hiding the girl’s body before him on the day after his return.

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The Atlanta Constitution, June 24th 1913, “Frank’s Trial Set For Next Monday,” Leo Frank case newspaper article series (Original PDF)

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.

“We will set the case for June 30 with an idea of going to trial. Of course the convenience on Judge L. S. Roan will have to be consulted and there is the possibility of the defense moving for a continuance. I had understood all sides would be ready, however, and will make my preparations accordingly.

Expects Decision Monday.

“Before summoning witnesses I will formally notify the defense to find whether it will be ready. I would not like to have all the witnesses here and then have the trial postponed. I will probably confer with the interested parties during the day and be able to announce definitely whether the case can be tried June 30 by to-night.”

Solicitor Dorsey would not discuss the return to Atlanta of Mrs. Mina [sic] Formby and her announcement that she would go on the stand against Frank. He intimated, however, that he entertained the same opinion as had already been expressed by his assistant, Mr. Hooper, that when the woman left Atlanta she dropped from the case entirely.

Attorney John W. Moore denied emphatically that he had been employed in the case with L. Z. Rosser and Reuben R. Arnold to defend Frank, as was reported by Solicitor Dorsey.

Moore Not Employed.

“I have not been employed in the case and have no other interest in it than that of a citizen. I believe Frank is innocent, and have since he was first drawn into the case, but I am not connected with it in any way. I have never been approached on the subject.”

Solicitor Dorsey opened court in the Thrower building Monday morning for a week of criminal trials to clear the jail docket. He will be in court every day until Saturday, and will have to depend on his assistants to summon witnesses and prepare the Frank case in the event of it being set for the following week.

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The Atlanta Georgian, June 23rd 1913, “State Ready for Frank Trial on June 30,” Leo Frank case newspaper article series (Original PDF)

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

The Atlanta Constitution

Monday, June 23, 1913

Solicitor General Hears Report That John Moore Will Assist in the Defense.

“Unless something now turns up of which I have no knowledge at present, I will set Leo Frank’s trial for June 30,” said Solicitor General Hugh M. Dorsey yesterday on his return from a week’s stay in New York city.

While the solicitor’s announcement has set at rest the rumors that the state would wait and set the trial for July 14 or 28, it does not necessarily mean that the trial will actually be held on that date, as the defense may desire to postpone it and make a showing to the court that would alow [sic] such a postponement. It means at least that the trial will come off at an early date.

“I have talked with Colonel Stephens,” added the solicitor, referring to E. A. Stephens, his assistant, “and there is apparently nothing new in the case, and from all that I know the state is ready to go to trial.

Has Moore Entered Case?

“I see that Reuben Arnold and John Moore have entered the case for the defense since I left,” said the solicitor.

He was told that the formal announce[ment] had been made that Attorney Arnold had become allied with the defense, but that Attorney Moore yet declined to discuss the general rumor that he was one of the defending attorneys.

Asked where he had heard that Attorney Moore had entered the case, the solicitor replied that he had only heard it around town. He gave no definite reply.

Solicitor Dorsey declared that while he had been away he had not even discussed the Phagan murder.

“I know nothing more of Frank than when I left,” he asserted. “I did not even go to Brooklyn, his former home; I stayed in New York city the entire time.

Did Not Go to Brooklyn.

When the solicitor left it was rumored that he was on his way to Brooklyn to inquire into the “past life of the indicted man, who formerly lived there and whose mother made her home there until she recently came here to be with her son’s family while he was in jail and to comfort him at the trial.

“They say that Frank’s trial is coming off rather soon,” said the solicitor, “but I don’t see it that way. His is a jail case, and it is unusual for a man to stay in jail that long before a trial.”

Asked about his trip further, the solicitor declared that he had enjoyed a splendid rest during his vacation and that the weather in New York and the theatrical attractions had been fine.

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The Atlanta Constitution, June 23rd 1913, “Leo M. Frank’s Trial June 30, Says Dorsey,” Leo Frank case newspaper article series (Original PDF)

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

The Atlanta Constitution

Thursday, June 19, 1913

Woman Declares She Will Appear in Court and Will Corroborate Sensational Affidavit to Police.

Mima [sic] Formby, the rooming housekeeper of 400 Piedmont avenue, who made the affidavit declaring that Leo Frank had telephoned her on the night of Mary Phagan’s murder in an endeavor to rent a room to which he could bring a girl, has returned to Atlanta after a disappearance of several weeks.

To a reporter for The Constitution she stated yesterday afternoon that she intended remaining in the city until time of the Phagan trial and that she would appear before the court and deliver testimony corroborating the sensational affidavit to which she has attested.

Why She Left City.

Mrs. Formby’s recent disappearance created considerable mystery. The police of several different cities were notified to be on the lookout for her, and while the police and detective bureau of Atlanta scoured the city, widespread efforts were made to locate her by the solicitor general’s office.

She declares that she was persuaded by no one to leave town, and that her departure was of her own accord. She had gone away, she said, to avoid notoriety which was incurred by her affidavit, and to remain out of the city until the sensation subsided. She visited Chattanooga, Bristol and Sulphur Springs, Tenn., while on the trip, she said.

Chief Lanford said Wednesday afternoon that he expected the woman’s return and had felt no fears of her absence at time of trial.

Says Frank Wanted Room.

Mrs. Formby’s affidavit was one of the most sensational obtained by the detectives, excepting, of course, the James Conley statement. She swore that on the night of April 26 Leo Frank had telephoned her frequently between the hours of 6:30 and 10 o’clock in an effort to get a room to which he could bring a girl.

She testified that he even declared it was a matter of life and death, and that he even threatened her life when she refused to rent him an apartment. He telephoned her six times, she stated, and finally she was rid of him only after she had told him she was leaving her home on an automobile ride.

Mrs. Formby has returned to her home at the Piedmont avenue address.

May Change Frank Trial Scene.

Arrangements for staging the Leo M. Frank trial are being rushed to completion. Owing to the poor ventilation of the courtroom in the Thrower building, and the absence of witness rooms, some more desirable place will have to be secured for the trial, it is said.

Judge L. S. Roan, of the superior court, said last night that he did not know of any other place being provided, but in case that the county commissioners should decide that the present quarters are inadequate, that in all probability some more suitable place would be provided.

Before leaving for New York, Solicitor Dorsey is said to have instructed his deputy to discuss with Judge Roan some more suitable place for holding the trial, and it is thought that within the next day or so the county board will be called upon to provide a larger place for the trial.

12 Books of Evidence.

Wednesday morning twelve books of evidence of more than 100 pages each were turned over to the solicitor’s office by tenographers [sic], and assistant Solicitor E. A. Stephens stated that the state could go to trial on forty-eight hours’ notice.

These books of evidence will be used to bring out the salient points in the evidence of each witness and the solicitor will question the witnesses from these books, it is said, carrying each witness over the same ground when their statesments [sic] were made.

Solicitor Dorsey will return from New York Saturday, and by that time the greater number of witnesses will be summoned, and ready for the trial.

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The Atlanta Constitution, June 19th 1913, “Mrs. Formby Here for Phagan Trial,” Leo Frank case newspaper article series (Original PDF)

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

The Atlanta Journal

Wednesday, June 18, 1913

Mr. Arnold and Luther Z. Rosser Both Decline to Discuss Report Circulated

The rumor that Reuben R. Arnold, famous Georgia lawyer, will be associated with the defense of Leo M. Frank, indicted for the Mary Phagan murder, is persistent.

Luther Z. Rosser, who has been retained in the case since Frank was first arrested, refused to deny or affirm the rumor. It is intimated, however, that negotiations are not complete as yet.

Mr. Arnold himself, when questioned about the rumor, refused to discuss it in any way, and his silence has added weight to the report that he will be in the case.

With Luther Rosser and Reuben Arnold leading the defense of Frank one of the greatest legal battles in a criminal case in the history of the south is promised. Mr. Arnold and Mr. Rosser have been pitted against each other in the famous McNaughton-Flanders case and in other well known trials, and each time they met there was a legal battle royal. With the two famous lawyers together, a hard and brilliant fight is certain to be given Hugh M. Dorsey, and Frank A. Hooper, the experienced prosecutor who has been engaged to assist the state in the case.

Despite the entry of Mr. Arnold there is said to be little chance that Solicitor Dorsey will have assistance other than that of Mr. Hooper.

DATE OF TRIAL.

Mr. Arnold during the past several weeks has been engaged in the trial before an auditor of the famous Crawford will case. He is said to have closely followed the many developments in the Phagan murder investigation, however, and if he enters the trial, it will not mean necessarily that a postmentment [sic] will be asked by the defense, although it will make a postponement of the trial more probable.

The calendar for the criminal division of the superior court for the week commencing June 23 has been made up and published by E. A. Stephens, the assistant solicitor general.

The calendar for the week commencing June 30 will not be made up until the return next Sunday of Solicitor General Dorsey from Atlantic City, according to Mr. Stephens, who states that as yet he is not certain that the[…]

(Continued on Page Six, Col. 5.)

WILL REUBEN R. ARNOLD AID FRANK’S DEFENSE?

(Continued From Page 1.)

[…]superior court will be in session on that date.

It is said that there is sufficient business of a routine nature pending before the court to occupy it not only during the week of June 23, but through the week of June 30 as well. It is known, however, although there has been no definite announcement, that it is the intention of Solicitor General Dorsey to bring the case against Leo M. Frank to trial on June 30, if possible. Attorney Frank A. Hooper, who will assist Mr. Dorsey in the case, has declared that the state is ready to go to trial at once, and he intimates that efforts to push the trial will be made.

WILL DEFENSE BE READY?

As a result of the attitude of the state’s officials, speculation over the case turns to the defense. Will Attorney Luther Z. Rosser announce ready, if the case is called Monday week?

Mr. Rosser will not discuss the matter. It is known that he has been engaged in the courts in trial of various civil cases practically since the time of Frank’s indictment, and for that reason it is said that he probably would want a postponement of the case.

However, it is known also that regardless of the amount of work he has on hand, Mr. Rosser seldom asks for the postponement of a trial. In fact, he is more often found announcing “ready” than are the majority of other attorneys in Atlanta.

POSTPONEMENT TILL FALL.

If an effort is made to postpone the case at all, it is said that it will be to postpone it until early fall.

The courts generally take a vacation during the months of July and August, and the trial of Mrs. Daisy Grace last July demonstrated the general unpleasantness of a big criminal trial during the summer.

Last year during the Grace trial it was so stifling and hot in the poorly ventilated criminal court room on the fourth floor of the Thrower building, that it was generally considered dangerous to the health of those engaged in the case and of the spectators who thronged there, to hold the trial in the room.

As a result it is probable that the scene of activity will probably be transferred to the old city hall, if the Frank case does come to trial in June. All of the civil courts will not be in session in the first week in July, and one of those rooms probably will be utilized.

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The Atlanta Journal, June 18th 1913, “Will Reuben R. Arnold Aid Frank’s Defense?,” Leo Frank case newspaper article series (Original PDF)

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

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.

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