Tag Archives: Hugh Dorsey

Application for Lee’s Release Delayed

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

The Atlanta Georgian

Saturday, July 5, 1913

Watchman’s Lawyer Says He Will Await Return of Dorsey Before Filing Habeas Corpus.

On account of the absence form the city of Prosecuting Attorney Hugh M. Dorsey, Bernard L. Chappell, attorney for Newt Lee, announced Saturday that he would not file a writ of habeas corpus until Monday. He claims in the petition for the release of the negro that Lee is being held unlawfully and without any charge against him.

Solicitor Dorsey left for his country place at Valdosta, Ga., Saturday morning. He will return Monday.

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New Audio Book: The American Mercury on Leo Frank – Dorsey’s Closing Arguments, part 3

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Solicitor Dorsey in his office; a snapshot of the Phagan case prosecutor taken by a Georgian photographer.

THIS WEEK’S audio book presentation on the 1913 Leo Frank case is the third (of six) parts of prosecutor Hugh Dorsey’s closing arguments. His arguments, along with the evidence in this case, were ultimately successful — and Jewish pencil factory superintendent Leo Frank was convicted of murdering 13-year-old Mary Phagan, his sweatshop employee.

Frank was the president of the Atlanta, Georgia B’nai B’rith and the Frank case was a major factor in the establishment of the Jewish “anti-hate” group, the Anti-Defamation League (ADL), over 100 years ago.

This new audio book series encompasses the American Mercury’s extensive coverage of the 1913 Frank trial. We are presenting the extensive arguments, both for the defense and the prosecution, in order and in full — a monumental, book-length project. Today’s presentation is the second section (of six) of Hugh Dorsey’s final statement.

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

Mr. Dorsey dismisses the defense’s contention that the blood stains found were not Mary Phagan’s blood:

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New Audio Book: The American Mercury on Leo Frank – Dorsey’s Closing Arguments, part 2

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Jim Conley on the witness stand; prosecutor Hugh Dorsey; ladies in the audience

THIS WEEK WE present the second part of the closing arguments of Solicitor Hugh Dorsey (pictured in a  contemporary newspaper illustration), the prosecutor in the 1913 murder trial of Leo Frank for the slaying of his sweatshop employee Mary Phagan. This prosecution has been presented in the major media as a case of “anti-Semitism” — but a reading of the evidence and Dorsey’s closing arguments casts that allegation into the realm of the ridiculous. The Frank case was a major factor in the establishment of the Jewish “anti-hate” group, the Anti-Defamation League (ADL), over 100 years ago.

This new audio book series encompasses the American Mercury’s extensive coverage of the 1913 Frank trial. We are presenting the extensive arguments, both for the defense and the prosecution, in order and in full — a monumental, book-length project. Today’s presentation is the second section (of six) of Hugh Dorsey’s final statement.


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New Testimony Lays Crime to Conley

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

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 →

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

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Hugh M. Dorsey

TODAY WE present the closing arguments of Solicitor Hugh Dorsey (pictured), which were the very last arguments heard by the jury, in the 1913 murder trial of Leo Max Frank for the murder of Mary Phagan. These powerful, successful, and historic arguments span some six hours, and they will be presented here over the next six weeks beginning today. They give the lie to the common media narrative — often the only one presented to students today — that the state had a “weak case” against Frank.

This series encompasses the American Mercury’s coverage of the 1913 trial and conviction of Jewish sex killer Leo Frank — a case which was one of the inspirations for the establishment of the Anti-Defamation League (ADL).

We are presenting the extensive arguments, both for the defense and the prosecution, in order and in full — a monumental, book-length project. Today’s presentation is the first section of Hugh Dorsey’s final statement.

Mr. Dorsey states that prejudice against Jews had nothing to do with the prosecution of Frank:

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Facts Do Not Indicate Indictment of Conley

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

The Atlanta Journal

Tuesday, July 1, 1913

Rumor About Negro in Phagan Case Not Confirmed—Grand Jury Is Through

The publication to the effect that the negro sweeper, Jim Conley, probably would be indicted by the Fulton county grand jury for the murder of Mary Phagan, is apparently without any justification.

The grand jury, according to its foreman, Lewis H. Beck, will make its presentments to the court Wednesday morning and in all probability will be discharged then.

It is not likely, therefore, that the jury will consider any further bills. Mr. Beck declined to comment on the publication and referred the reporter to the solicitor.

As Solicitor Dorsey is known to be opposed to an indictment of Conley at this time, there seems to be no basis for the report that the case will be taken up.

Solicitor General Hugh M. Dorsey vigorously asserted Tuesday afternoon that no attempt had been made by the grand jury toin dict [sic] the negro Conely [sic] for the murder of Mary Phagan nor had any suggestion been made by the jurymen in this direction.

He said positively that he had heard of no intention on the part of jurors to go over his head in the Conley matter.

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The Atlanta Journal, July 1st 1913, “Facts Do Not Indicate Indictment of Conley,” Leo Frank case newspaper article series (Original PDF)

May Indict Conley in Phagan Case

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

The Atlanta Georgian

Tuesday, July 1, 1913

JURY LIKELY TO GO OVER DORSEY’S HEAD

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

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

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

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

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

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

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

Denies Confession Reports.

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May Indict Conley as Slayer

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

The Atlanta Georgian

Tuesday, July 1, 1913

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

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

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

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

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

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

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

Denies Confession Reports.

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New Frank Evidence Held by Dorsey

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

The Atlanta Georgian

Friday, June 27, 1913

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

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

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

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

Dorsey Has New Evidence.

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Hooper and Goldstein Join Little & Powell

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

The Atlanta Journal

Saturday, June 28, 1913

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

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

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

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

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

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

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

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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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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Hooper Sees Conley for the First Time

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

The Atlanta Journal

Friday, June 27, 1913

Attorney Who Will Aid Solicitor Hears Negro Sweeper Recite His Story

Frank A. Hooper, the attorney who will assist Solicitor Hugh M. Dorsey in the prosecution of the case against Leo M. Frank, indicted for the murder of little Mary Phagan, interviewed James Conley, the negro sweeper, for the first time on Friday morning.

The attorney talked with the negro in the office of the police board for nearly an hour. Detective Starnes, who has been working under the direction of the solicitor, was the only officer with him.

Mr. Hooper simply made the trip to hear from Conley’s own lips his story of the crime, and the interview is said not to have been occasioned by any new developments in the case.

Mr. Hooper said that he had the negro tell him the “whole story.”

“The negro talks in a clear, straight-forward manner,” the attorney declared, “and his statement had the earmarks of the truth on it.” Mr. Hooper characterized the negro as a “good witness.”

While Solicitor Dorsey has interviewed Conley a number of times, he has never made any statement relative to the value of the negro’s story in a court room nor has he said anything relative to the manner in which the negro tells his story. Continue Reading →

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 →

Call of Cool Sea Breezes and Promise of Judge to His Wife, Secrets of Frank Trial Delay

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

The Atlanta Journal

Thursday, June 26, 1913

There Are Many Little Reasons, of Course, but the Biggest of These Is the Simplest—Judge Roan Just Had to Keep Promise to His Charming Wife—And Nobody’s Kicking, Either

The trial of Leo M. Frank, which is expected to be the most brilliant legal battle in the history of the state, has been postponed for a month.

There are many little reasons why the trial could not come up on June 30.

And, then, there is one great big reason.

The biggest reason, when analyzed, is also the simplest, as are most big things.

The big reason is the simple fact that Mrs. Judge L. S. Roan wants to go to the seashore early in July.

Of course Mrs. Roan might go to the seashore by herself with any of her many friends, but she wants her husband to make the trip with her, and long before the Phagan case developed Mrs. Roan had secured Judge Roan’s promise to take the trip with her.

When the judge called Solicitor Hugh Dorsey, Luther Z. Rosser and Reuben R. Arnold before him Tuesday afternoon and told them that it would be best to agree upon a definite date for the trial of Mr. Frank, they looked a little puzzled for the moment.

Solicitor Dorsey appeared not to want a postponement, and flatly said so. In fact, he argued every time he got a chance, trying to get an early date, and finally asked the court if he wouldn’t set the case for the week of July 7.

EVERYBODY WAS PLEASED.

Then the court explained, and after he had explained a quick smile of complete understanding passed over the court room. Mr. Rosser smiled first, then Mr. Arnold, and finally Solicitor Dorsey.

Said the court with the usual dignity:

“Well, gentlemen, another reason is that some months ago I promised my wife that I would take her to the seashore on the week of July 4 and spend some days there with her.

“Of course, if there is any good reason why this trial should be taken up early in the month, if it will be impossible for you to reach it later, I can send Mrs. Roan with friends and remain here.”

The judge’s statement was made in the nature of a question, but it brought forth no answer. Continue Reading →

To Hold Frank Trial in the Old City Hall

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

The Atlanta Journal

Thursday, June 26, 1913

Case Will Be Heard in Courtroom Now Used by Judge Pendleton

The trial of Leo M. Frank on July 28 will be held on the first floor in the old city hall building, at the corner of South Pryor and East Hunter streets. Solicitor Dorsey, Judge L. S. Roan and court attaches formally decided upon this room as the proper place to conduct the trial.

The court room designated is at present occupied by Judge John T. Pendleton, of the motion division of superior court. Judge Pendleton will adjurn [sic] his court for the summer on July 12, and the place will be unoccupied when the Frank trial is called.

This court room is the one which was occupied by Superior Court Judge Thomas when he was here conducting criminal court for several weeks last fall.

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The Atlanta Journal, June 26th 1913, “To Hold Frank Trial in the Old City Hall,” Leo Frank case newspaper article series (Original PDF)

Trial of Leo Frank Postponed by Judge

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

The Atlanta Constitution

Wednesday, June 25, 1913

Date of Trial Changed From June 30 Until July 28 at Plea of Attorneys for Defense.

The first appearance in open court of the indictment against Leo M. Frank for the murder of Mary Phagan came yesterday afternoon when Judge L. S. Roan, presiding over the criminal division of superior court, summoned attorneys for both sides, and after a hearing changed the date of trial from June 30, as set by Solicitor Hugh M. Dorsey, to July 28.

This and the legal move by the defense in serving upon Solicitor Dorsey, Police Chief James L. Beavers, Detective Chief Newport Lanford and other detectives and officials for the state, with formal subpoenas duces tecum, commanding them to bring to court all affidavits they may have which bear upon the state’s case against Frank, were the only changes in the present situation.

Judge Roan also decided that the trial of Frank would be held not in the regular room in which he holds his division of court, but in one of the rooms in which the civil division of the superior court sits.

Where Trial Will be Held.

This was done, the judge explained, because the ceiling is very low in the courtroom in the Thrower building, where his court regularly sits, and the room is ventilated by windows only on one side. The trial will be held, according to present plans, in one of the courtrooms in the old city hall, corner South Pryor and East Hunter streets, where the ceilings are higher and windows can be thrown open on both sides of the room to allow ventilation. Continue Reading →

Both Sides Are Ready for Trial of Frank

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

The Atlanta Journal

Wednesday, June 25, 1913

Few Developments Expected Between Now and July 28, Conley Is Grilled

The statements made by Solicitor General Hugh M. Dorsey and by Reuben R. Arnold and Luther Z. Rosser, the counsel for the defense before the postponement of the trial of Leo M. Frank from June 30, the date set by the solicitor, to July 28, indicate very strongly that neither side expects further developments of importance in the investigation.

Mr. Dorsey told the court that his case was complete and that he was ready for trial. All of the statements by Attorneys Arnold and Rosser indicate that they also have completed the preparation of the defense and are ready for the court fight.

One of the most interesting of the statements made by counsel was that of Mr. Arnold, who said that it would take two weeks to try the case, showing that the defense will have many witnesses, and will come to court prepared to fight every inch in the case.

The action of the defense in demanding through subpoenas duces tecum practically all of the affidavits of importance which have been made the detectives during the Phagan investigation seems to bear out the theory published in The Journal that the defense will consist of the corroboration of Frank’s story as told at the inquest by a number of witnesses, and of an effort to establish, largely by the detectives themselves, the thory [sic] that the negro James Conley is guilty of the crime with which Frank is charged.

It is certain that Conley’s story will be attacked through his many varying affidavits, and much evidence to assist Frank will be brought out through the city detectives, who charge him with the crime.

The substance of all of the affidavits demanded by the defense is known. Conley’s varying affidavits have long formed one of the sensations of the case. Miss Grace Hix, it will be remembered, identified Mary Phagan’s body, while Miss Monteen Stover declares that she came to the pencial [sic] factory of the date of the tragedy at 12:05 o’clock and found no one in the office, not even Frank, who had testified that he was there at that hour. 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 →