100 Years Ago Today: Leo Frank Takes the Stand

Leo-Frank-on-the-Witness-StandOriginally published by the American Mercury on the 100th anniversary of the Leo Frank trial.

In a few days the Mercury will present Week Three of the trial of Leo Frank for the murder of Mary Phagan. Today, on the 100th anniversary of Leo Frank taking the stand in his own defense, we present a digest of opinion and contemporary sources on his statement.

AT THE CLIMAX of the Leo Frank trial, an admission was made by the defendant that amounted to a confession during trial. How many times in the annals of US legal history has this happened? Something very unusual happened during the month-long People v. Leo M. Frank murder trial, held within Georgia’s Fulton County Superior Courthouse in the Summer of 1913. I’m going to show you evidence that Mr. Leo Max Frank inadvertently revealed the solution to the Mary Phagan murder mystery.

Leo Frank

Leo Frank

In addition to being an executive of Atlanta’s National Pencil Company, Leo Frank was also a B’nai B’rith official — president of the 500-member Gate City Lodge in 1912 — and even after his conviction and incarceration Frank was elected lodge president again in 1913. As a direct result of the Leo Frank conviction, the B’nai B’rith founded their well-known and politically powerful “Anti-Defamation League,” or ADL. Continue Reading →

Evidence Against Frank Conclusive, Say Police

Evidence Against FrankAnother in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian

Monday, May 26th, 1913

Chief of Detectives Newport Lanford Monday announced that the mystery of the Mary Phagan tragedy is solved, as nearly as is possible without the absolute, direct testimony of eyewitnesses, and expressed himself as perfectly satisfied with the evidence now in hand.

Accompanying this statement comes the authoritative announcement that the great strangling crime will be placed on Leo M. Frank, now under indictment on the charge of murder, and that Newt Lee, the suspected negro night watchman of the National Pencil Factory, will not be indicted. Lee will be held in jail until the trial as a material witness and will be placed on the stand to give evidence against the factory superintendent.

Lee has completely been eliminated from the case as a suspect, and is now counted as one of the strongest witnesses against Frank.

“There is not the slightest doubt of the innocence of Newt Lee,” said Chief Lanford. “I’m certain he has told all he knows of the death of Mary Phagan.”

Can Hold Lee Indefinitely.

No further action nor proceedings of any kind will be necessary to hold the night watchman for the trial. He was ordered by the Coroner’s jury held for investigation by the Grand Jury, and until the latter body either returns an indictment or a “no bill,” he can not be freed from jail. Continue Reading →

The Leo Frank Trial: Week Three

Leo-Frank-suit-portrait_crop-340x264Originally published by the American Mercury on the 100th anniversary of the Leo Frank trial.

The trial of Leo Frank (pictured) for the murder of Mary Phagan ended its third week 100 years ago today. Join us as we break through the myths surrounding the case and investigate what really happened.

by Bradford L. Huie

AS THE THIRD WEEK of the trial dawned, the prosecution had just made its case that National Pencil Company Superintendent Leo Max Frank had murdered 13-year-old laborer Mary Phagan — and a powerful case it was. Now it was the defense’s turn — and the defense team was a formidable one, the best that money could buy in 1913 Atlanta, led by Reuben Arnold and Luther Rosser. And many would argue that the city’s well-known promoter and attorney Thomas B. Felder was also secretly working for Frank and his friends, along with the two biggest detective agencies in the United States, the Burns agency — sub rosa, under the direction of Felder — and the Pinkertons — openly, cooperating with the police, and under the direction of the National Pencil Company. (For background on this case, read our introductory article, our coverage of Week One and Week Two of the trial, and my exclusive summary of the evidence against Frank.)

As the defense began its parade of witnesses, few suspected that the defendant himself, Leo Frank, would soon take the stand and make an admission so astonishing that it strained belief. Continue Reading →

“I Have No Proof of Bribery in Phagan Case,” Says Chief

I have no ProofAnother in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Journal

Monday, May 26th, 1913

Chief Detective Declares He Has No Direct Evidence of Attempt to Influence Witnesses, as Published

CONLEY STICKS TO STORY UNDER SEVERE GRILLING

His Statement That He Wrote Notes at Frank’s Dictation a Disturbing Element—Search for Evidence Continues

Chief of Detectives Lanford positively denied to The Journal Monday afternoon that he has secured any proof of efforts to bribe witnesses in the Phagan case proper.

The official made this statement, when questioned about the numerous rumors and reports of bribery of witnesses, some of which have been published and given general circulation.

Chief Lanford states that he is in possession of no affidavits relating to attempts to bribe Phagan witnesses, nor has he proof of any sort, he says, which would show that friends of the man indicted for the murder or anyone else, had sought to bribe any witness.

Chief Lanford says, however, that he personally believes that efforts to influence witnesses have been made, and that he is vigorously probing the rumors.

The indictment of Leo M. Frank, on a charge of murdering Mary Phagan has not halted the several investigations of the case. Monday morning neither the city detectives, the Pinkertons nor the Burns forces ceased their efforts to unearth new and cumulative evidence in the case.

The principal efforts of the detectives are now as they have been since from the beginning, directed towards securing evidence to building up the state case against the factory superintendent. Continue Reading →

New Witnesses in Phagan Case Found by Police

New Witnesses

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

Atlanta Constitution

Monday, May 26th, 1913

Reported Two Telephone Operators Will Swear to Conversations Held Over the Pencil Factory’s Line.

GAVE THEIR TESTIMONY BEFORE THE GRAND JURY

A. S. Colyar Confers With Chief Beavers on Bribery Allegations—Case Now in Its Infancy, Says Chief.

With the entire city aroused over the recent sensational Felder bribery charges and counter charges of graft and corruption in the police department, investigation of the Mary Phagan mystery continues. Police headquarters was elated Sunday over the progress and over new developments which have arisen.

New testimony has been given by girl telephone operators relative to conversations which were held over the pencil factory’s line on the night of the tragedy, Chief Lanford says. Secrecy shrouds the nature of the alleged conversations. No one acquainted with the evidence will talk. It is hinted to be the strongest yet secured.

No one acquainted with the evidence will talk. It is hinted to be the strongest yet unearthed.

Coupled with this development comes the rumor of a telephone call reported to have been made on the Friday morning preceding the murder, in which Mary Phagan is said to have been instructed to come to the pencil factory Friday afternoon to obtain her pay envelope. Detectives will neither deny nod [sic] admit that the rumor has been confirmed.

Phone Message to Pope.

J. B. Pope, of Bellwood avenue, a county policeman and neighbor of the slain girl, to whom the rumored telephone message was made, could not be reached last night by The Constitution. Mrs. Pope says she knows nothing of the report, but says numerous calls came to her home for Mary Phagan and members of her family. Continue Reading →

Thomas Felder Brands the Charges of Bribery Diabolical Conspiracy

Thomas Felder Brands

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

Atlanta Constitution

Sunday, May 25th, 1913

Thomas B. Felder, the Atlanta lawyer who is accused of having offered a bribe for an affidavit of J. W. Coleman, stepfather of Mary Phagan, now in the possession of the police, yesterday issued the following statement: To the People of Atlanta:

The publication of the sensational “story” in The Atlanta Journal on yesterday afternoon relating to myself and my connection with the Phagan case is but the symptom or manifestation of one of the most diabolical conspiracies ever hatched by a venal and corrupt “system” to protect crime in a civilized community.

To be more specific, this conspiracy was formed just after the arrest of Newt Lee and Leo Frank, charged with the murder of Mary Phagan. The controlling genius of it is Newport Lanford, chief of the city detectives; its object is to shield and protect the murderers of this innocent child, and in its wicked ramifications it marks our distinguished (?) chief of detectives as the Lieutenant Becker of our “system,” and renders his co-conspirators as dangerous to the lives, liberty and property and reputation of our citizens as the bloody and deadly Society of the Mafia.

Part Played By Papers.

Pity it is that the press of the city has been and is being made the innocent, if effective, instrument in their hands to further and effectuate the object of this wicked conspiracy by prostituting their potential columns in the exploitation of the mass of forgeries and perjuries which has been given to the public through their columns, for be it known that these papers have tacitly sanctioned the utterances of Colyar by reproducing his affidavits in the face of the fact that the editors and proprietors of all would without hesitation swear that they would not believe him on oath if called upon to do so. Strangely enough, a portion of the criminal record of this man Colyar is reproduced, showing him to be a man steeped in crime and infamy, while in the parallel column is published his defamatory utterances against me. Continue Reading →

Others Will Be Involved In New Bribery Charges Intimates Chief Lanford

G. C. Febuary, Secretary to Chief Lanford.

G. C. Febuary, Secretary to Chief Lanford.

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

Atlanta Constitution

Sunday, May 25th, 1913

The probability of bribery charges to be made against others as well as Colonel Felder was intimated last night by Chief Lanford to a Constitution reporter.

Documentary evidence involving one or more men is rumored to be in Lanford’s possession. Also, his dictagraph [sic] is said to have reported secret conferences relating to the use of bribe money in the Mary Phagan case.

This new phase of the bribery charges is said to pertain only to the bribing of witnesses in the Phagan investigation. Rumors to this effect have been coming to police headquarters for several days. Corroboration of the reports came recently from Mrs. Mima [sic] Famby [sic], of 400 Piedmont avenue, a witness in the case.

Offered Money to Leave City.

Mrs. Famby declared to a reporter for The Constitution that she had received six offers of large sums of money to leave the city until the Mary Phagan trial has been finished. It is said that she has made an affidavit, naming the men who approached her, and that the document is in the hands of Chief Lanford.

Lanford declared to a Constitution reporter that he would not reveal his new bribery evidence until the trial. He would not state the nature of affidavits said to be in his hands.

Solicitor Dorsey has been apprised by Harry Scott of the position of the Pinkerton agency in the Phagan investigation. The solicitor said last night that Scott had told him that, primarily, the detective organization was in the employ of Frank’s defense, in that it was paid by the National Pencil company, and that reports of his progress were turned over to the suspect’s counsel. Continue Reading →

The Leo Frank Trial: Week Two

jim-conley-340x264Originally published by the American Mercury on the 100th anniversary of the Leo Frank trial.

The trial of Leo Frank for the murder of Mary Phagan ended its second week 100 years ago today. Join us as we delve into the original documents of the time and learn what the jurors learned.

by Bradford L. Huie

THE EVIDENCE that National Pencil Company Superintendent Leo Frank had murdered 13-year-old child laborer Mary Phagan was mounting up as the second week of Frank’s trial began in Atlanta, and passions were high on both sides as star witness Jim Conley (pictured) took the stand.

The attempt to frame the innocent black  night watchman, Newt Lee, had failed, despite 1) the “death notes” left near the body implicating him, 2) the bloody shirt planted in his trash barrel, and 3) the forged time card supposedly showing that he had left his post for several hours the night the murder was discovered. Although no one of significance suspected Lee at this point, the defense would still try to attack the medical testimony that placed the murder near midday on April 26, and would introduce Lee’s second alleged time card, provided by Frank, purporting to show that Lee had many hours unaccounted for on the night of the 26th and the early morning hours of the 27th of April.

Newt Lee’s testimony of Frank’s peculiar behavior that afternoon and evening was compelling. Another African-American was about to become pivotal in this case: factory sweeper Jim Conley would testify that he had helped Frank by keeping watch while Frank “chatted” with Mary alone in his office, and by assisting Frank in moving her body to the basement after she was accidentally killed. Conley was about to become central to the defense’s case, too — they would allege that Conley was the real killer. (For background on this case, read our introductory article, our coverage of Week One of the trial, and my exclusive summary of the evidence against Frank.) Continue Reading →

“Becker of South” Lanford is Branded by Col. Tom Felder

Becker of South

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

Atlanta Constitution

Sunday, May 25th, 1913

System of Corruption as Poisonous as That of the Mafia Exists in Atlanta, According to Statement Made by Attorney Accused of Trying to Bribe Secretary G. C. Febuary to Steal Affidavit in the Phagan Case—Says Detectives Are Trying to Shield Murderer of Girl.

COLONEL FELDER IS MAKING HIMSELF LAUGHING STOCK, SAYS LANFORD; HINTS AT NEW BRIBERY CHARGES

A. S. Colyar, Leading Figure in Bribe Charges, Is Placed Under Arrest on Warrant From Knoxville, But Is Released on Bond—Connally [sic], Negro Employee of the National Pencil Factory, Tells Officers He Wrote Notes at Dictation of Frank—Police Believe These Were the Ones Found by the Body of Mary Phagan.

Branding Detective Chief Newport Lanford as the “Lieutenant Becker” of the south, and charging that there exists in the Atlanta police department a “system” of corruption that is as poisonous as the deadly society of Mafia, Colonel Thomas B. Felder has issued counter charges to those of attempted bribery made against him Friday afternoon.

He declares that every bit of his sensational accusations can be supported by substantial evidence. He even asserts that the charges against him were made in an effort to shield and protect the murderer of Mary Phagan, whom the detective department are alleged to be assisting by the destruction of damaging evidence and by procuring witnesses.

First, and the most important of Saturday developments, was the indictment by the grand jury of Leo M. Frank, the suspected factory superintendent. The true bill was returned before noon. He now will be tried before Fulton superior court on the direct charge of Mary Phagan’s murder.

Second, was the confession of James Connally, a negro sweeper in the pencil factory, who declares that he wrote, at the dictation of Frank, notes which the detectives believe to be the ones found by the body of Mary Phagan. After making complete acknowledgement to Detective John Black and Harry Scott, he made an affidavit supporting the confession. Continue Reading →

State Didn’t Show its Case to Secure Indictment Against Superintendent Leo M. Frank

State Didn'tAnother in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Journal

Sunday, May 24th, 1913

No Documentary Evidence Was Placed Before the Grand Jury and James Conley, the Negro Sweeper Who Made Sensational Affidavit About Writing Certain Notes at Frank’s Dictation on Day Before Tragedy, Was Not Examined by the Jury

DR. HURT COULD NOT SAY POSITIVELY THAT MARY PHAGAN HAD BEEN ASSAULTED BEFORE DEATH

Both the Other Two Witnesses Gave Their Opinion in the Affirmative—Complete Summary of Evidence on Which the Grand Jury Decided That Frank Must Stand Trial for Death of Girl—Has Lee Given New Evidence to His Attorney?

While Solicitor General H. M. Dorsey will make no statement, it is undoubtedly true that the state did not show “its hand” even in the secrecy of the grand jury room to secure the indictment Saturday of Leo M. Frank on the charge of murdering Mary Phagan.

Sharing interest with the returning of a true bill against the factory superintendent, is the sensational eleventh hour statement of James Conley that he wrote certain notes similar in language to those found by the murdered Mary Phagan at Mr. Frank’s dictation.

Despite the fact that Conley stuck to his story when vigorously cross examined by Solicitor Dorsey, it is said that the official does not fully credit the negro’s sensational statement.

It was not necessary to put the negro before the grand jury and Mr. Dorsey did not go into the details of his statement until after the true bill had been returned.

Even then he did not consider Conley’s statement of sufficient importance to secure from a safety deposit vault the notes found by the slain girl’s body, and they have never been offered to Conley for identification.

The effect of the negro’s statement on the state’s whole case is known to the solicitor alone. Its influence is apparently disturbing, and it has been said that the solicitor was preparing to introduce finger print and handwriting experts in an effort to show that Frank himself wrote the words on the two sheets of paper found in the basement of the National Pencil factory on the morning of April 27.

If Conley’s story can not be shaken, the experts will not be needed unless it is to swear to the similarity of his handwriting to that of the notes. Continue Reading →

Negro Sweeper Tells Officer Frank Asked Him to Write Some Notes Day Before Tragedy

Negro Sweeper

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

Atlanta Journal

Saturday, May 24th, 1913

He Thinks These Notes Are the Same as Those Found by the Body of the Murdered Girl, but Had Not Seen the Original Notes When He Made His Sensational Statement to the Detectives Saturday Morning

NEGRO STUCK TO HIS STORY THROUGH GRUELLING EXAMINATION IN SOLICITOR’S OFFICE SATURDAY

Conley Voluntarily Sent for Detectives to Make His Statement, It Is Declared — He Told the Detectives That He Wanted to Confess the Whole Truth, That Frank Called Him Into His Office and Told Him He Wanted to See His Writing

Saturday morning, James Conley, the negro sweeper formerly employed in the pencil factory where Mary Phagan was killed, and who was arrested on suspicion and has been held in jail since as a material witness for the state, sent for Detective John Black and declared that he wanted to tell the truth.

“Boss, I wrote those notes,” said he, referring to the mysterious notes found beside the dead body of Mary Phagan.

He declared that he could not identify them positively, inasmuch as he had never seen the originals, but that as they were read to him out of the papers he believed they were the ones he wrote.

On Friday, the day before the murder, said he to detectives, Leo M. Frank called him into his (Frank’s) office at the factory and said he wanted to get some samples of his handwriting, and dictated for him to write—dictating, said the negro, what he remembered as substantially the notes that afterward were read to him out of the newspapers.

The negro was taken immediately to the courthouse. Continue Reading →

Detectives Seek Clue in Writing of Negro Suspect

Detectives Seek Clue in Writing

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

Atlanta Constitution

Monday, May 19th, 1913

Another Employee of the National Pencil Company Now Held at Police Headquarters.

VALUABLE EVIDENCE FOUND BY BURNS MAN

For Hours the New Detective, Col. Thomas B. Felder and Solicitor General Hugh Dorsey Discuss Case.

In the first report of his investigation of the Mary Phagan tragedy, William J. Burns’ agent informs Solicitor General Dorsey that he already has obtained a valuable clue, and that a new phase of the mystery, upon which he is basing his operations, will be productive of early and startling results.

Sunday was a day of vigorous activity in all three sources of investigation of the Phagan mystery. At police headquarters, a new negro suspect was put through the third degree and forced to give specimens of his handwriting. His wife was taken into custody and thoroughly examined by Pinkerton men and police detectives.

The Burns agent and Colonel Thomas B. Felder held an eight-hour conference with the solicitor at the home of Colonel Felder from noon until 8 o’clock last night. The principal object was to thoroughly acquaint the new officer with the situation as it has previously been developed and with the evidence now at hand.

Frank Has Little to Say.

Leo M. Frank, the suspected factory superintendent, and Newt Lee, the negro night watchman, were both seen in their cells in the Tower last night by a Constitution reporter. Frank had only a few words to say. He would not discuss any phase of the case. Lee talked freely, and appeared optimistic of the future.

Frank’s health is holding up exceptionally well. He declares that he now feels no ill effects whatever of the three weeks of imprisonment. His cell was thronged all day Sunday with scores of friends and relatives, many of whom remained from noon until nightfall. Continue Reading →

Burns’ Investigator Outlines His Theory of Phagan Murder

Burns' Investigator

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

Atlanta Journal

Monday, May 19th, 1913

It Coincides In Practically Every Feature With Theory Held by Solicitor Dorsey, Detectives and Pinkertons

MYSTERY CAN BE SOLVED, INVESTIGATOR DECLARES

He Holds Long Conerence [sic] With Solicitor, Who Has Welcomed Him Into Case, Urged to Contribute to Fund

The theory of the murder of Mary Phagan entertained by the city detectives and outlined in The Journal first on Sunday a week ago is the theory in which C. W. Tobie, manager of the criminal department of the William J. Burns agency, believes.

Mr. Tobie, who has been employed by Attorney Thomas B. Felder, has assumed charge of the investigation of the Phagan case for the Burns’ agency pending the arrival of his chief.

To The Journal Monday morning he outlined his theory of the case in the office of Colonel Felder.

“The Phagan murder is not in my opinion a hopeless or impregnable mystery,” he said, “and I am confident that we will find and convict the guilty man.

“There are several features of the case which I do not care to mention which have not been worked out. I am going right after these ends of the affair, and believe that I will get results.” Continue Reading →

Burns Agent Outlines Phagan Theory

Burns Agent Outlines

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

Atlanta Georgian

Monday, May 19th, 1913

Famous Detective’s Aid, C. W. Tobie, Issues First Statement on Work in Slaying Case.

C. W. Tobie, manager of the criminal department of the W. J. Burns Detective Agency, Monday made public his theory of the murder of Mary Phagan. For the first time the man who is representing Burns in Atlanta’s greatest mystery until the noted detective arrived consented to see reporters.

Tobie’s theory is that Mary Phagan was murdered inside the National Pencil plant, by some one familiar with the premises, and that her body was dragged to the basement for purposes of concealment and probably destruction. He scouted the idea she was killed on the outside and dragged inside, and declared that too much buncombe has been given out by men who have only muddled the waters.

While no new arrests are expected immediately, Tobie declared the mystery is not all impossible of solution, and that the guilty man will be apprehended in due time. Meanwhile, he promised to issue statements telling the progress made from time to time.

Burns Expert’s Theory.

Here is Tobie’s theory as he outlined it to a Georgian reporter today:

Mary Phagan, while in the pencil factory, was approached by some one who made an improper proposal. She resented it and the man asked her to remain silent. She refused, saying she would report the affair to the proper authorities, and the man struck her, hurling her against a machine, the impact causing the skull wound. Continue Reading →

Frank and Lee Held in Tower; Others Released

This snapshot was taken just as the factory superintendent got out of auto in which he was transferred Thursday afternoon from the police station to the county jail.

This snapshot was taken just as the factory superintendent got out of auto in which he was transferred Thursday afternoon from the police station to the county jail.

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

Atlanta Constitution

Friday, May 2nd, 1913

Grand Jury May Take Up Phagan Investigation Following Conference Between Dorsey, Beavers and Lanford.

MULLINAX AND GANTT ARE GIVEN FREEDOM

Coroner’s Jury Will Resume Hearing on Monday, Following the Subpoenaing of 200 Witnesses.

Thomas B. Felder, member of the firm of Felder, Anderson, Dillon & Whitman, has been engaged to assist the solicitor general in the prosecution of the murderer of Mary Phagan. He was retained yesterday by a committee of citizens from the Bellwood community, in which the dead girl lived. The counsel fund has been subscribed by residents.

Mr. Felder said last night to a reporter for The Constitution that within a day or so he would be abundantly supplied with convincing evidence. He already has started private investigation, he said, but would not divulge its form. He would not discuss the rumor that the Burns detective agency had been employed. Continue Reading →

Detectives Eliminate Evidence in Conflict with Theory that Phagan Girl Never Left Factory

Detectives Eliminate Evidence in Conflict

The big picture in the center shows the head of the detective department, Chief Newport A. Lanford. To his left is John R. Black, city detective, who was largely instrumental in convicting the Druid Hills murderers. On the extreme left at the top is Detective Pat Campbell, and below him is J. N. Starnes. To the right of the chief is Harry Scott, of the Pinkertons, who are working on the mystery. The top picture at the extreme right is City Detective S. L. (Bass) Rosser, and below is Detective W. F. Bullard.

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

Atlanta Journal

Thursday, May 1st, 1913

All Efforts Will Be Concentrated at Inquest Thursday Afternoon to Show That Testimony of Witnesses Who Claim to Have Seen Girl After She Entered Factory on Fatal Day is Vague and Indefinite and Contradictory

NIGHT WATCHMAN EXPECTED TO TAKE STAND AND GIVE INFORMATION HERETOFORE WITHHELD

This Intimation Came From Detectives Thursday Morning After the Watchman Had Been Vigorously Questioned Behind Closed Doors for More Than an Hour—Women Employees of Factory Will Be Called—Witness Admits Mistake

When the coroner’s jury reconvenes Thursday afternoon at 4:30 o’clock the city detectives will endeavor to eliminate all testimony which tends to refute the theory that Mary Phagan never left the National Pencil company’s factory after she went there to collect her two days’ wages last Saturday about noon.

The testimony of Edgar L. Sentell, employee of the Kamper’s grocery company, has been a stumbling block in the way of the case from the very first. The detectives have never believed that Mary Phagan left the factory, yet they were confronted with Sentell’s positive statement that he saw and spoke to her between 11:30 and 1:30 o’clock Saturday night. Continue Reading →