Tag Archives: Frank A. Hooper

Frank Case May Go to Jury Late This Afternoon

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Atlanta Constitution
August 22nd, 1913

LAWYERS’ BATTLE WILL END TODAY AND JUDGE WILL CHARGE THE JURY

In First Speech for State on Wednesday Morning, Frank Hooper Scored General Conditions at National Pencil Factory, Terming Leo Frank, a Dr. Jekyll and Mr. Hyde, and Explaining How Easy It Was for People Who Saw Only One Side of Him to Imagine Him a Paragon of Virtue.

REUBEN ARNOLD BRANDS JIM CONLEY MURDERER OF LITTLE PHAGAN GIRL

Attorney for Defense Dwells on Horror of Convicting Man Upon Purely Circumstantial Evidence, and Cites Many Instances Where Such Action Has Resulted in Great Injustice to the Accused. Scores Detective Department Unmercifully and Charges They Concocted Story Which Conley Told on Stand.

Unless all calculations are upset the Frank case should be ready to go to the jury tonight, provided Judge Roan does not decide to postpone his charge until Saturday morning — in which event the case will reach the Jury during the forenoon Saturday.

After that time, it is all a matter of speculation as to the time the verdict will be returned. It may be returned turned in a few moments after the jury retires; again, it may be hours or days. The general opinion is, however, that Frank will know his fate some time Saturday.

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In Dramatic Phrases Hooper Outlines Events Leading Up to and Following Death of Girl

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

Atlanta Constitution
August 22nd, 1913

“Your honor, and gentlemen of the jury.” spoke Mr. Hooper, the first of the attorneys to address the court, “the object of this trial, as well as all other trials, is the ascertainment of truth and the attainments of justice. In the beginning, I want to have It understood that we are not seeking a verdict of guilty against the defendant unless he is guilty.”

“The burden of guilt is upon our shoulders—we confront the undertaking of putting It upon his. We recognize that it must be done beyond a reasonable doubt, and that it must be purely by the evidence which we produced before you.”

“We have cheerfully assumed this burden. We have cheerfully undertaken this task, but, there is not a single man on the prosecution who would harm a hair of the defendant’s head wrongfully. We want him given the same measure of justice that should be meted to all classes of defendants. He is entitled, though, to the same degree of law as any other prisoner.”

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Frank Hooper Opens Argument In Leo Frank Case This Morning

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

Atlanta Constitution
August 21st, 1913

The opening argument in the Frank trial will be made at 9 o’clock this morning by Attorney Frank B. Hooper, associate counsel for the defense.

Two hours probably will be occupied by each man in the closing arguments. Judge Roan, in a short talk to the attorneys for each side, cautioned them against long argument, and insisted that each man dwell only on the facts of the case and the evidence.

No time limit was set, although the prediction is widespread that no more than two hours will be occupied by each man.

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Frank A. Hooper’s Closing Arguments: https://leofrank.info/trial-and-evidence/prosecution/mr-hooper/

Audiobook of Hooper’s Closing Arguments: https://leofrank.info/new-audio-book-the-american-mercury-on-leo-frank-hoopers-closing-arguments/

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Atlanta Constitution, August 21st 1913, “Frank Hooper Opens Argument in Leo Frank Case This Morning,” Leo Frank case newspaper article series (Original PDF)

Frank A. Hooper Is Proving Big Aid to Solicitor Dorsey

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

Atlanta Constitution
August 10th, 1913

ROSSER CALLS HIM BEAU BRUMMEL OF BAR

By Britt Craig.

He has a kind and genial face that makes you feel he is the friend of everybody in the world, but in the midst of a big trial he might be compared with a Gatling gun, except for the fact that there doubtless are witnesses who would prefer facing the Gatling.

There is a liberal sprinkling of gray in his hair, and Luther Rosser has often truthfully, although sarcastically, referred to him as the Beau Brummel of the bar.

You would never suspect that he was a lawyer. Your first impression would be that he was an author, an actor or lecturer.

That he would work as untiringly and persistently to hang a man as Culumbus worked to find America, would never enter your mind, and you would dispute the word of your most verarious friend on the subject.

Dorsey Secures Hooper.

When Solicitor Hugh Dorsey faced the task of prosecuting Leo M. Frank he set about to find a colleague worthy of the undertaking. He selected Frank Hooper, a well-known corporation attorney.

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Lawyers on Both Sides Satisfied With Conley

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

Atlanta Journal
August 5th, 1913

“They Haven’t Shaken Him a Particle,” Says Dorsey—“He Has Told About 240 Lies Already,” Declares Attorney Reuben Arnold

Both the state’s attorneys and the counsel for Leo M. Frank Tuesday at noon expressed satisfaction with the progress of the cross-examination of James Conley, the negro sweeper. The negro had been on the stand then for more than nine hours, during eight hours of which he had undergone a strenuous grilling at the hands of Attorney L. Z. Rosser.

“They have not shaken him a particle,” declared Solicitor Dorsey, “and that isn’t all. I don’t believe they will be able to do so.” Attorney Frank A. Hooper, who is assisting Mr. Dorsey in the prosecution of Frank said: “Mr. Rosser will go ahead and wear himself out, and Attorney Arnold will hurl questions at Conley until he, too, grows weary, and when it is all over the negro will still be there ready for more.”

Mr. Rosser was confident that he had made great headway in discredited Conley’s testimony. He smilingly commented upon how he had tangled up the negro when he got him away from his recited story, but said that when Conley got back into his well-drilled tale he ran along like a piece of well-oiled machinery. “I’ve caught him in a mass of lies,” asserted Mr. Rosser.

“Conley has lied both specifically and generally,” declared Reuben Arnold. “He has lied about material things and he has lied about immaterial things. He has told about 340 lies since he has been under cross-examination. I kept tab on him until he had told over 300 lies, and then they came so fast I couldn’t keep up with him.”

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Atlanta Journal, August 5th 1913, “Lawyers on Both Sides Satisfied With Conley,” Leo Frank case newspaper article series (Original PDF)

Dorsey Unafraid as He Faces Champions of the Atlanta Bar

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Atlanta Georgian
August 1st, 1913

Up Against a Hard Proposition Youthful Solicitor Is Fighting Valiantly to Win Case.

By L. F. WOODRUFF.

Georgia’s law’s most supreme penalty faces Leo Frank.

A reputation that they can not be beaten must be sustained by Luther Rosser and Reuben Arnold.

Atlanta’s detective department’s future is swaying on the issue of the Frank trial.

But there is a man with probably as much at stake as any of the hundreds who crowd Judge Roan’s courtroom, with the exception of Frank, and he is accepting the ordeal, though he realizes it, as calmly as a person who has nothing more serious to decide than whether he will order his steak rare or well done at breakfast time.

Hugh Dorsey is hereby introduced. He is known pretty well in Atlanta without introduction but as chairmen on political meetings insists on telling the audience that the President of the United States is about to speak or that the Secretary of State is endeavoring to earn an additional amount to his yearly $12,000. Mr. Dorsey can be placed before the public without fear of violating precedent.

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Frequent Clashes Over Testimony Mark Second Day of Frank Trial

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

Atlanta Journal
July 29th, 1913

QUESTIONS DIRECTED AT NEGRO INDICATED AN EFFORT TO THROW SUSPICION UPON WATCHMAN

“We Might as Well Begin to Show the Negro a Criminal Now as Later,” Declared Attorney Rosser, In Arguing for Admissability of His Questions—Negro Was Taken Over His Testimony Many Times in Effort to Break Him Down

INDICATIONS TUESDAY ARE THAT TRIAL WILL LAST MANY DAYS, PROBABLY AS LONG AS TWO WEEKS

Morning Session Enlivened by Clashes Between Attorneys, Every Point Is Bitterly Contested—Frank Keeps Serene and Untroubled Throughout Session—Full Story of Testimony Given by Witnesses During the Morning

After a luncheon recess of an hour and a half Tuesday the trial of Leo M. Frank was resumed at 2 p. m. with Police Sergeant L. S. Dobbs still on the witness stand. The morning session was given over to the continued examination of Newt Lee, the negro night watchman, and the direct and cross examination of Sergeant Dobbs.

There were frequent clashes between the attorneys for the defense and the solicitor during the morning. Every point was bitterly contested, and once the jury was sent from the room while the lawyers argued the fine points of the law. It was evident that the case was to be fought at every point.

The most significant feature of the morning session was an intimation by Attorneys Rosser and Arnold, counsel for Frank, that they might seek to connect the negro nigh watchman with the murder. It was during a colloquy between the lawyers for the defense and the state relative to the admissibility of the negro’s testimony as to what was said to him by the police officers about the contents of the notes found beside Mary Phagan’s body.

Solicitor Dorsey made the point that the notes had not yet been introduced as evidence and unless the defense was seeking to impeach the witness or to connect him with the crime it was not proper for him to questioned concerning the contents of the notes.

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Tragedy, Ages Old, Lurks in Commonplace Court Setting

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

Atlanta Georgian
July 29th, 1913

Outwardly Quiet and Singularly Lacking in Excitement, Frank Trial is Enactment of Grim Drama.

By JAMES B. NEVIN.

One of the most commonplace things in the world—crime—is riveting the attention of Atlanta and Georgia to-day.

Crime is almost as commonplace as death—and yet death, in a thousand ways, never is commonplace at all.

If I were a stranger in Atlanta and should walk into the courthouse where Leo Frank is being tried for the murder of Mary Phagan, doubtless I should be utterly astounded to discover what I had walked into.

That pale-faced, slight, boyish-looking party over there—the one sitting beside the massive frame of Luther Z. Rosser and the well-groomed person of Reuben Arnold—I should be shocked, I am sure, to learn that he stands charged with one of the blackest, most inhuman and most unspeakable crimes in all Georgia’s somewhat long and varied catalogue of crime.

Yet that is the truth—Leo Frank is answering to the charge of the Grand Jury, and he has pleaded not guilty.

Crime and wrongdoing began, of course, when Mother Eve, through no motive other than curiosity, and without malice aforethought, either expressed or implied, bit a small and toothsome morsel from the first apple.

Cain performed the first murder not so very long afterward.

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Counsel of Frank Says Dorsey Has Sought to Hide Facts

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

The Atlanta Georgian

Sunday, July 20, 1913

Attorneys Rosser and Arnold, in a Statement to the Press, Make Bitter Attack on Solicitor for His Conduct of Phagan Case.

Call Attention to Secrecy Maintained by Prosecution, and Declare Action of State’s Attorney Has Inflamed Public Opinion.

Luther Z. Rosser and Reuben R. Arnold, attorneys for Leo M. Frank, who will be tried July 29 on the charge of killing Mary Phagan, joined Saturday in a bitter attack upon the policy of Solicitor Hugh M. Dorsey, whose procedure in the case, they said, had inflamed public opinion and had placed the Solicitor far below the dignity of his office.

In a formal statement, they charged that Dorsey had ignored his constitutional and legal functions and had sought to usurp those of the Grand Jury by his attempt to block the indictment of Jim Conley by that body.

They described his action as unprecedented and dangerous in the extreme, and represented Dorsey and Conley as partners in “a harmonious concert.”

The document, which is one of the few public statements issued by the defense, is bristling with criticism of the Solicitor’s conduct throughout the investigation of the murder mystery, and charges that Dorsey has maintained his belief in Frank’s guilt apparently for no other purpose than to convict Frank.

Call Attention to Secrecy.

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Frank’s Lawyers Score Dorsey for His Stand

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

The Atlanta Constitution

Sunday, July 20, 1913

Luther Rosser and Reuben Arnold Declare He Is Going Out of His Way to Dictate to the Grand Jury.

EXCEEDS PROVINCE OF SOLICITOR GENERAL

Grand Jury Will Meet at 10 O’Clock Monday Morning to Take Up Conley Case. Call Is Sent Out.

In reply to Solicitor General Hugh M. Dorsey’s statements in regard to the proposed indictment by the grand jury of James Conley, the negro who has confessed complicity in the murder of Mary Phagan, Attorneys Reuben R. Arnold and Luther Z. Rosser issued a statement Saturday afternoon in which they openly attacked the stand taken by the solicitor in protesting against the indictment of the negro.

That the solicitor is exceeding his legal functions as a state officer is one point that the lawyers defending Leo M. Frank make in their statement, and they also severely criticise the solicitor for his detective work in the Phagan murder.

The card also contains a reference to the statement made in The Constitution Saturday morning by Attorney William M. Smith, representing the negro Conley. The card of the Frank defense takes Attorney Smith to task for rushing to the aid of the solicitor.

Solicitor General Dorsey also issued a statement in which he declared that he no more believed that the grand jury, when it meets Monday, would indict James Conley than he believes that Judge J.T. Pendleton will accede to the request of Frank attorneys to draw the venire for the trial jury from the box containing names of grand jury veniremen.

Roan Out of City.

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Dorsey Adds Startling Evidence

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The Atlanta Georgian

Wednesday, July 16, 1913

*Editor’s Note: This article also ran in the Final (Box Score) Edition under the headline “State Finds New Frank Evidence.”

Solicitor Declares Prosecution’s Plans Are Unchanged—Doesn’t Expect Conley Indictment.

That affidavits as sensational and direct against Leo M. Frank, accused of murdering Mary Phagan, as the Mincey statement was against the negro, Jim Conley, are in the hands of the State and will be substantiated by witnesses at the trial, July 28, was admitted by Solicitor General Hugh M. Dorsey Wednesday morning.

The Solicitor and Frank A. Hooper, associated with him in the prosecution, made it plain that in their opinion the Mincey affidavit had in no way hurt the State’s case against Frank, and that they could anticipate no development that would make Conley instead of Frank the principal in Atlanta’s greatest murder mystery.

They say they do not expect the Grand Jury to indict the negro before the trial of Frank, and do not hesitate to say that any move in that direction will meet with opposition from the Solicitor, who would necessarily have to introduce witnesses to secure the indictment.

State’s Case Complete.

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Prosecution Attacks Mincey’s Affidavit

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

The Atlanta Georgian

Monday, July 14, 1913

MRS. CRAWFORD BEGINS FIGHT FOR HER FREEDOM

STATE STILL CONFIDENT OF CASE

Story of Negro Who Says He Was Eyewitness of Slaying Disbelieved by Solicitor.

Solicitor General Hugh M. Dorsey and Attorney Frank A. Hooper, engaged in the prosecution of Leo M. Frank, were induced Monday to break the silence they have maintained grilling the negro Jim Conley last week. They made their first public comments on the sensational developments of the last few days in the Phagan murder mystery.

Both declared emphatically that neither the affidavit of W. H. Mincey, insurance solicitor, nor the reported confession of the negro Will Green, who is said to have been an eyewitness of the attack upon Mary Phagan, gave evidence sufficient to shake their conviction of Leo Frank’s guilt.

Rumors that the State was preparing to change its theory and to ask for the indictment of Jim Conley were laughed at.

Mincey Affidavit Discounted.

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Affidavits to Back Mincey Story Found

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

The Atlanta Georgian

Sunday, July 13, 1913

Attorney Leavitt Declares Tale That Conley Admitted Killing Girl Will Stand Test.

NEWT LEE STILL HELD IN JAIL

Solicitor General Hugh Dorsey Promises to Present a Bill Against Him as Suspect.

That several negro women overheard Jim Conley when he ran the insurance agent, Mincey, away with the alleged statement that he had just killed a girl and didn’t want to kill anyone else, and that the affidavits from the women are in the hands of the attorneys for the defense, was stated Saturday by Attorney J.H. Leavitt, who aided in obtaining the sensational affidavit from Mincey.

Attorney Leavitt defended the character of the man who made the affidavit and denied emphatically that Mincey even asked about the money he would receive as a witness, except whether his railroad fare would be paid if he were out of the city.

Explains Dukes’ Doubts.

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Conley Again Quizzed by Prosecutor Dorsey

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

The Atlanta Journal

Saturday, July 12, 1913

[*Editor’s Note: The first sentence in this article contains two sentence fragments due to a publishing error by the original newspaper.]

Solicitor and Hooper Grill Negro at Police Headquarters for Three Hours

For two hours and a half Solicitor Dorsey did practically all of the ques- […] Phagan case, Frank A. Hooper, quizzed Conley at police headquarters Friday afternoon. Two detectives stood guard on the outside of the door of the police commissioner’s room in which the questioning was done, but no one except the officials and the negro were inside the room.

Conley was grinning when he emerged from the room. The questioning ended shortly before 7 o’clock, and Solicitor Dorsey and Mr. Hooper left the station immediately. They would not discuss the quiz.

While the three were in the room Solicitor Dorsey made frequent reference to various papers which he drew from a leather case that he had brought with him to headquarters. Solicitor Dorsey did practically al [sic] of the questioning, with an occasional suggestion from Mr. Hooper.

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The Atlanta Journal, July 12th 1913, “Conley Again Quizzed by Prosecutor Dorsey,” Leo Frank case newspaper article series (Original PDF)

More Affidavits to Support Mincey Claimed

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The Atlanta Journal

Saturday, July 12, 1913

Frank’s Attorneys Said to Have Corroborating Evidence, Newt Lee Denied Freedom

Joseph H. Leavitt, an attorney, with offices at 422 Grant building, the man who secured the affidavit of W.H. Mincey, who alleges that James Conley confessed to the killing of a girl on April 26, the day Mary Phagan was murdered, declares that a number of affidavits fully corroborating every word that Mincey has said, are in the hands of counsel for the defense of Leo M. Frank.

Mr. Leavitt states that the Mincey affidavit is really much stronger than the published reports, which have purported to give its substance.

The reports are correct as far as they go, Mr. Leavitt admitted to a Journal reporter, but the affidavit dictated and signed by Mincey contains still more testimony, damaging to Conley.

“Mincey is a good citizen,” Mr. Leavitt told a Journal reporter, “a man of education and of character. However, every assertion which he made in the affidavit has been corroborated.”

“Then you must mean that some one else heard the confession Mincey claims that Conley made?” the reporter asked.

“Yes, others head [sic] it,” was the answer of Attorney Leavitt.

While he states that he doesn’t know his address, Mr. Leavitt says that he is confidence [sic] that Mincey will be here when Leo M. Frank faces a jury on the charge of murdering Mary Phagan.

Mincey in his affidavit claims that he went to see Conley on the afternoon of April 26, the day Mary Phagan was murdered to solicit insurance from him, and that Conley became angered and told him that he had killed a little girl that day and did not want to have to kill another person.

The police make light of the Mincey affidavit, and say that Mincey once came to headquarters to identify a man he had seen drunk in the negro quarter. He saw Conley, they say, and then admitted that he had never seen the engro [sic] before.

Attorney Leavitt says that the affidavit will give a good reason for Mincey’s failure to make known at once the information, which he claims to have on the sensational murder case.

Solicitor General Dorsey and Attorney Frank A. Hooper, who will assist him in the prosecution of Frank, grilled James Conley at headquarters for more than an hour Friday afternoon. While Mr. Dorsey would not discuss the matter, it is understood that he questioned Conley closely about the statements alleged to have been to Mincey, and the negro claims that he never saw [the] insurance agent except at police headquarters.

LEE DENIED FREEDOM.

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Conley Kept on Grill 4 Hours

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

The Atlanta Georgian

Saturday, July 12, 1913

After Gruelling Third Degree, Officials Refuse to Deny or Affirm Negro Confessed.

Habeas corpus proceedings to release Newt Lee collapsed in the court of Judge Ellis Saturday morning.

By agreement, Bernard L. Chappell, representing Lee, withdrew his application for a habeas corpus; Solicitor Dorsey promised to present a bill against Lee as a suspect in the Phagan murder case, with the expectation that a “no bill” would be returned. This appeared satisfactory to the attorneys for Lee, as well as to the State.

Luther Z. Rosser, Reuben R. Arnold and Herbert J. Haas, of counsel for Frank, were in court to fight against the appearance of Frank as a witness. William M. Smith represented Conley, one of the witnesses subpenaed.

Jim Conley underwent a racking third degree late Friday afternoon at the hands of Solicitor General Hugh M. Dorsey and Attorney Frank A. Hooper in an effort to verify or discredit the W.H. Mincey affidavit, in which the negro was charged with confessing to the murder of a girl on the afternoon that Mary Phagan met her death.

The grilling of nearly four hours followed The Georgian’s publication of the details of Mincey’s accusations and was undertaken with the utmost secrecy, an attempt being made to avoid knowledge of the “sweating” becoming public by taking Conley to the Commissioners’ room on the second floor of the police station by a circuitous route.

Negro’s Most Severe Ordeal.

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Says Women Heard Conley Confession

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The Atlanta Georgian

Saturday, July 12, 1913

*Editor’s Note: This article also ran with the headlines “Says Women Overheard Conley Confess” and “Says Women Heard Conley Confess” in the Final and Home Editions, respectively. The headline used here is from the Night Edition.

AFFIDAVITS SUPPORT MINCEY STORY

Attorney Leavitt Declares Tale That Negro Admitted Killing Girl Will Stand Test.

That several negro women overheard Jim Conley when he ran the insurance agent, Mincey, away with the alleged statement that he had just killed a girl and didn’t want to kill any one else, and that the affidavits from the women are in the hands of the attorneys for the defense, was stated Saturday by Attorney J.H. Leavitt, who aided in obtaining the sensational affidavit from Mincey.

Attorney Leavitt defended the character of the man who made the affidavit and denied emphatically that Mincey even asked about the money he would receive as a witness, except whether his railroad fare would be paid if he were out of the city.

Explains Dukes’ Doubts.

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

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The Atlanta Georgian

Sunday, July 6, 1913

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

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

BY AN OLD POLICE REPORTER.

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

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

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

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

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

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

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

Indictment may Mean Much.

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New Testimony Lays Crime to Conley

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The Atlanta Georgian

Friday, July 4, 1913

Frank Defense Locates Witness Who Points to the Negro Sweeper as Slayer.

A new witness, said to have the most damaging evidence yet produced against Jim Conley, the negro sweeper in the National Pencil factory, entered the Phagan case Thursday and made an affidavit, the contents fo [sic] which are carefully guarded by attorneys for Leo M. Frank, charged with causing the death of the factory girl.

The identity of the witness is as much a secret as the exact nature of his testimony. It was learned, though, that the affidavit was made in the law office of Joseph Leavitt in the Grant Building and was witnessed by Mr. Leavitt’s stenographer.

It is said the testimony of this man connects Conley more directly with the crime than any other statement or affidavit yet procured by the defense. The witness is understood to have seen Conley on the afternoon of the crime and to have heard him make remarks in his drunken condition which were extremely incriminating. Continue Reading →

May Indict Conley in Phagan Case

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The Atlanta Georgian

Tuesday, July 1, 1913

JURY LIKELY TO GO OVER DORSEY’S HEAD

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

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

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

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

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

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

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

Denies Confession Reports.

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