Tag Archives: Jim Conley

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 →

Frank’s Trial Set For Next Monday

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

The Atlanta Constitution

Tuesday, June 24, 1913

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

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

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

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

Panel Not Yet Drawn

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

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

July 28 Is Date Agreed Upon 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

Tuesday, June 24, 1913

Judge Names Date After Statement From Reuben R. Arnold, In Which He Said Trial Would Last Two Weeks

DEFENSE TAKES STEPS TO GET STATE’S EVIDENCE

Subpenas Duces Tecum Issued, Demanding Production of Affidavits and Popers [sic] in Possession of Solicitor

Leo M. Frank, accused of the slaying of Mary Phagan, will not be tried before superior court Judge L. S. Roan next Monday. The judge in a conference with attorneys at 2 o’clock Tuesday afternoon formally set the trial for Monday, July 28, and no attempt to reopen the questions of arraignment will be made. Both the prosecution and the defense agreed to this date.

Any attempt made to put Frank on trial on next Monday was silenced when Reuben R. Arnold, speaking for the defense, said flatly that the trial would take at least two weeks. The assurance that the trial would last some time and the fact that it likely would be held in the stuffy little court room in the Thrower building, if scheduled Monday, practically caused the postponement.

Solicitor Dorsey, for the state, and Luther Z. Rosser and Reuben R. Arnold, for the prosecution, were summoned to the court house by Judge Roan at 3 o’clock and a discussion of the matter was opened.

SOLICITOR ANNOUNCED READY.

Solicitor Dorsey announced that he was ready and made the declaration that his witnesses would not take more than two days at the outside. He said if the defense had any he didn’t think they would take any longer.

This remark brought a grunt from Luther Z. Rosser and the Arnold statement that the trial would take two weeks.

“We have the witnesses,” both of the lawyers for the defense asserted.

Both Attorneys Rosser and Arnold told the court that in the event of a postponement of the case for Monday that they desired it to go over until after the week of July 14, when both would be engaged in the trial of Mattie Flanders in Swainsboro. Mr. Rosser represents the defense of Mrs. Flanders and Mr. Arnold the prosecution.

This came when Solicitor Dorsey suggested that the case be tried on July 7.

Judge Roan, in fixing July 28 as a date suitable to all concerned, said that there would be no break in the week, as there would with July 4, that a good court room for the trial could be obtained about July 13, that the jail could be cleared of routine cases by that time and previously made engamenest [sic] would not be interrupted.

All lawyers concerned were in court and the judge asserted that lack of preparation could not be offered as an excuse when the case was called on July 28.

The attorneys for Leo M. Frank Tuesday afternoon secured subpoenas duces tecum to be served on Chief James L. Beavers, Chief N. A. Lanford, Solicitor Hugh M. Dorsey, Assistant Solicitor E. A. Stevens, Hary [sic] Scott, of the Pinkertons; City Detectives John Black, Pat Campbell and J. N. tSarnes [sic], and Secretary of Chief Lanford, G. C. Febuary, calling upon them to produce in court Monday June 30, or any other day that the Frank case might be on trial, all affidavits or statements secured from Jim Conley, the negro sweeper; Monteen Stover and Grace Hix. Continue Reading →

Venire of 72 for Frank Jury Is Drawn

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

The Atlanta Georgian

Monday, June 23, 1913

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

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

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

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

Trial in Thrower Building.

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

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

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

Solicitor Will Fix Frank Trial for June 30, He Says

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

The Atlanta Journal

Monday, June 23, 1913

Unless “Showing” Is Made in Open Court Why the Case Should Be Deferred, Trial Will Proceed

MONTEEN STOVER AGAIN FIGURES IN THE CASE

Detectives Question Her With View to Attacking Theory That Girl Was Slain on the First Floor

Solicitor General Hugh M. Dorsey, it was definitely learned Monday, will set the case of the State against Leo M. Frank, charged with the murder of Mary Phagan, for June 30, and the solicitor will insist that a legal “showing” be made by the defense before a postponement is allowed.

During the day Monday or early on Tuesday morning the court calendar for the week of June 30 will be made up and then a small army of bailiffs and deputies will commence to summon talesmen. Owing to the unusual interest in the case it is probable that more than 150 talesmen will be summoned to the court in order that twelve jurors to try Frank may be picked from them.

COURT WON’T INTERFERE.

It is understood that the court of its own volition will not interfere in the matter, and if a postponement of the case is secured it will be on a “legal showing” made in open court next Monday by the attorneys, who represent the accused man.

The illness of one of counsel or the absence from the city of a material witness or the engagement of counsel in another court, or any one of several other perfectly good excuses constitute legal grounds for the postponement of case, so the uncompromising attitude of the state by no means makes the trial of the case on June 30 a certanity [sic].

Luther Z. Rosser and Reuben R. Arnold, the able attorneys, who represent Frank, will give no intimation of their attitude towards entering into the case next Monday.

The published rumor that John W. Moore, another noted Atlanta lawyer, would assist Attorneys Arnold and Rosser and Herbert Haas in the case is without foundation, according to Mr. Moore and the other attorneys connected with the case.

WITNESS QUESTIONED.

What is believed by the prosecution of Leo M. Frank to be a refutation of the defense’s theory that Mary Phagan was slain at the foot of the stairs on the first floor of the pencil factory, occurred at police headquarters Sunday afternoon, when Jim Conley, the negro, identified Monteen Stover, aged 14, 17 South Forsyth street, as the girl in the raincoat and “easy walkers” who went to the office on the second floor at 12:05 o’clock and came down the stairs five or ten minutes later and left the building.

The little Stover girl was taken before Conley in the detectives’ room Sunday and positively identified by the negro, according to the detectives who were present, Chief Lanford and Detectives Campbell and Starnes.

Conley declared that she was the girl he watched while he was hid at the foot of the tsairs [sic]. The Stover girl entered the building, went up the stairs to the office, stayed there some five or ten minutes, and then came down and went out.

J. C. Hines, who went to headquarters with Walter Sudderth and Mr. Edmundson, pointed out Monteen Stover as the girl whom he saw enter the building. Continue Reading →

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

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

The Atlanta Georgian

Sunday, June 22, 1913

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

By AN OLD POLICE REPORTER.

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

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

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

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

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

Newspapers Will Not Render Verdict.

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

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

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

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

Arnold to Aid Frank

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

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

The Atlanta Georgian

Sunday, June 22, 1913

Declares Prisoner is Innocent

Has Studied Case Deeply, He Says

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

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

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

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

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

Makes Formal Statement.

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

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

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

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

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

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

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

Frank Not Guilty of Phagan Murder Declares Arnold

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

The Atlanta Constitution

Sunday, June 22, 1913

Prominent Atlanta Lawyer Engaged to Aid in Defense of Pencil Factory Superintendent.

NO WHITE MAN KILLED GIRL, ASSERTS LAWYER

Formby and Conley Statements Should Not Be Given Credence So Far as They Tend to Incriminate Frank, He Says.

Reuben R. Arnold, perhaps the best-known attorney in Georgia, has been engaged to aid the defense of Leo M. Frank, the suspected pencil factory superintendent, in the Mary Phagan mystery. This announcement was made from his office yesterday afternoon.

In a statement that was furnished [to] each of the newspapers, Mr. Arnold attacks the detectives for their continued efforts to lay the Phagan murder at his client’s door. He hoots at the credence which he says has been placed in Conley’s story and in the sensational affidavit sworn by Mima [sic] Formby.

Asserting his anticipation of clarifying the situation in due time, Mr. Arnold says that in the evidence the prosecution holds against Frank there is no room whatever in which to believe him guilty, and that no white man committed the crime.

Injustice, Says Arnold.

He deplores alleged injustice done the suspected superintendent by reports circulated to the effect that Frank’s friends had persuaded the Formby woman to leave town and by many other false rumors deliberately set before the public, he declares.

His statement follows:

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

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

Arnold Declares Frank Innocent and Enters Case

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He Will Aid Frank Defense

REUBEN R. ARNOLD,
Able attorney, who declares he would not have entered case were he not firmly convinced of Leo M. Frank’s innocence.

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

The Atlanta Journal

Sunday, June 22, 1913

Famous Lawyer Says He Wouldn’t Defend Man Accused of Such Crime Unless Sure of His Innocence

SCORES CITY DETECTIVES FOR HOLDING TO THEORY

Mr. Arnold Says Detectives Have Tried to Prejudice the Case by Unfair Means—Has Studied Evidence

Reuben R. Arnold, famous Georgia lawyer, has officially entered the Phagan case in the defense of Leo M. Frank, as exclusively forecasted by The Journal last Thursday.

Mr. Arnold comes into the case with a ringing statement declaring his firm belief in the innocence of his client, and asserting that he would never defend a person charged with such an atrocious crime if he were not fully convinced of his innocence. Mr. Arnold says that he has reached the conclusion that there is no room to believe Frank guilty, after carefully studying the evidence in the case.

Mr. Arnold declares that it is surprising that the detectives should continue to put the crime on Frank with the incriminating statements of Conley before them. He scores the detectives because of the publication of the Formby affidavit, declaring that by this and other means they have done Frank a great injustice.

With Mr. Arnold and Luther Z. Rosser working in his behalf a great legal battle is made a certainty when Frank faces a jury in the criminal division of the superior court. Solicitor Hugh M. Dorsey and Frank A. Hooper, who is associated with him, will have charge of the state’s case. Lawyers and court attaches predict the most brilliant legal battle ever known in a criminal case in this state.

The date of the trial is still a matter of interesting conjectures, although it may be settled Monday after the return of Solicitor Dorsey to the city.

Mr. Dorsey still expects to set the trial of the case on the court calendar for June 30, but any number of things may interfere. An attorney associated with the defense stated Saturday afternoon that he knew of no reason why there should be a postponement, but would make no more definite statement.

While they know nothing definite it is the opinion of court attaches that the trial of the case will not be reached before July 14 or July 28, and their guess is generally expected to prove correct.

In a statement which he gave the public Mr. Arnold, who has been long regarded as one of the ablest criminal lawyers in the south, intimated that he is thoroughly familiar with all phases of the case, and as a result it is not considered probable that a postponement will be asked on his account.

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

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

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

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

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

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The Atlanta Journal, June 22nd 1913, “Arnold Declares Frank Innocent and Enters Case,” Leo Frank case newspaper article series (Original PDF)

Mrs. Formby Here for Phagan Trial

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

The Atlanta Constitution

Thursday, June 19, 1913

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

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

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

Why She Left City.

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

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

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

Says Frank Wanted Room.

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

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

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

Guessers See a Mystery in Dorsey-Hooper Trips

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

The Atlanta Journal

Tuesday, June 17, 1913

Speculation About Departure of Phagan Case Figures Not Credited, However

What is believed to be but a coincidence in the unheralded out-of-town trips of Solicitor General Hugh M. Dorsey, Attorney Frank A. Hooper, who is to assist the solicitor in the prosecution of Leo M. Frank, and Attorney Thomas B. Felder, has given rise to a rumor that these lawyers really have gone on a secret mission of importance and one connected with the Phagan case.

Solicitor Dorsey left Atlanta Saturday afternoon, saying he was going to Atlantic City and New York for a week’s rest; Mr. Felder went away on Sunday, announcing that he was headed for Cincinnati, where he had business that was not of interest to the public; and Mr. Hooper left Monday afternoon, it being stated by his family that he had gone to Indianapolis on business and would return to Atlanta either Thursday or Friday.

Those who profess to scent a mystery in the departure of the three attorneys are allowing their speculations free range. One of the rumors set in motion is to the effect that Messrs. Dorsey, Hooper and Felder have arranged to meet in some eastern city to discuss some important feature of the Phagan case.

Detective Chief N. A. Lanford, Pinkerton Detective Harry Scott, and others who are posted as to the progress of the Phagan case, do not believe that the trips of the three lawyers have any relation whatever.

Chief Lanford and Detective Scott continue to accept as true the statement of the negro sweeper, James Conley, who swore that the only part he played in the Phagan murder was to assist Superintendent Frank to dispose of the body and to write the notes, which he says he did at the dictation of Frank.

It is claimed that Solicitor Dorsey and his investigators have in their possession evidence which strongly corroborates Conley’s story and that they are guarding this evidence very jealously in an effort to keep any inkling of it away from the defense. It was this evidence, it is said, which satisfied the solicitor general that the case against Frank was complete and that he could afford to take a much-needed vacation before the trial.

On the other hand the defense continues to ridicule the efforts made by the prosecution to substantiate Conley’s confession. The defense, it is said, has a few cards up its sleeve which it promises to play at the trial and which may result in some surprises.

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The Atlanta Journal, June 17th 1913, “Guessers See a Mystery in Dorsey-Hooper Trips,” Leo Frank case newspaper article series (Original PDF)

Sensations in Phagan Case at Hand

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

The Atlanta Georgian

Tuesday, June 17, 1913

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

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

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

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

Deny Mystery.

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

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

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

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

Constitution Picture Will Figure in Trial

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

The Atlanta Constitution

Monday, June 16, 1913

Solicitor Wants Photograph of Spot Where Mary Phagan’s Body Was Found

A flashlight picture, made by The Constitution’s staff photographer is to be used as evidence by the prosecution in the trial of Leo M. Frank. This was made evident Sunday afternoon when Detective John Starnes applied to a Constitution reporter for the photograph of the spot in the pencil factory basement, where Mary Phagan’s body was discovered.

Starnes would not state why he wanted the picture, saying only that it would be used by the prosecution. He was extremely desirous of getting it, and it will be put in his possession this morning. It is rumored that by the picture an effort will be made to corroborate certain statements of James Conley, the negro sweeper when he is placed on the witness stand.

Starnes told the reporter that the prosecution was ready for trial. He expressed confidence that the mystery would be cleared at the coming trial, which he believes will be held on the thirtieth. In case of postponement, he says, it will be the fault of the defense, as the state is ready.

Starnes has been intimately associated with the solicitor general during the murder investigation. In fact, he has been more closely in touch with Dorsey than any other official concerned in the case. He is a detective attached to headquarters and associated with Detective Pat Campbell who has been identified with many big criminal cases, which the detective department has solved.

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The Atlanta Constitution, June 16th 1913, “Constitution Picture Will Figure in Trial,” Leo Frank case newspaper article series (Original PDF)

Detective Chief Tells Grand Jury of “Third Degree”

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

The Atlanta Constitution

Sunday, June 15, 1913

Questions Put to Lanford Indicate That Investigation of Police Methods Is Being Conducted.

TORTURE ERA IS PAST, CHIEF INFORMS JURY

Science and Skill Now Employed by Detectives in Securing Confessions From Criminals, He Says.

The police “third degree,” which has created such widespread discussion during the Mary Phagan murder investigation, has been thoroughly explained to the grand jury by Detective Chief Newport A. Lanford, who appeared before that body at its request.

Detective John Black, of headquarters, who has been an active figure in the Phagan case, is also said to have been quizzed about methods employed by the police and detectives. He will not talk of the subject. Members of the jury are reluctant to give any information.

Chief Lanford, however, willingly told a Constitution reporter of his testimony before the jury and of the nature of queries which were put to him. He says he gave a complete and apparently satisfactory account of the “third degree” and the manner in which it is practiced at police headquarters.

Is Jury Probing Police Methods?

The belief is prevalent in both police and court circles that a secret probe is being promoted by the grand jury into methods employed by both the police and detective departments, and that it was in pursuit of this investigation that the detective head and Black were examined. Chief Lanford is inclined to scout this theory, although he is unable to account for the testimony that was required of him and of Black in the “third degree” probe.

The use of the “third degree” during the Phagan mystery has caused much comment. Its most effective employment, it will be recalled, was in extracting three sensational confessions from the negro sweeper, James Conley. Newt Lee, the negro watchman, the first suspect in the murder case, was subjected to a “degree” equally as strenuous.

The public letter of Mrs. Leo Frank, in which she took the detectives and Solicitor General Dorsey to task for subjecting her servant girl, Minola McKnight, to a system of cross-examination, which, she asserted, left the girl in a state of exhaustion, probably served to actuate the jury’s inquiry into police methods. Mrs. Frank’s letter was a stinging arraignment, and[…]

Continued on Page Four.

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State Takes Advantage of Points Known

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

The Atlanta Georgian

Saturday, June 14, 1913

With certain of the strong defenses of Leo M. Frank exposed by the preliminary battle over the custody of the negro Conley, the prosecution in the Phagan murder mystery went to work on the case to-day with its first definite idea of the sort of a stronghold it must assault.

It was assured that the accused man’s lawyers would not rest with fighting suspicion away from Frank, but would seek to fasten the guilt so firmly upon Conley that Frank not only would be acquitted, but that he would be cleared of every stain which has been cast upon his name and reputation by the terrible charges lodged against him.

Report was rife Saturday morning that the attorneys for Frank had not yet acknowledged defeat in their efforts to have Conley confined at the Tower instead of at the police station, where they charge he is improperly protected and “petted” by the detectives. The next move was rumored to be the swearing out of a warrant charging the negro with the murder, to compel Conley’s removal to the Tower.

Attacked by Rosser.

Luther Z. Rosser, chief of counsel for Frank, has branded at most unusual and irregular the procedure which has allowed the negro, who has confessed to being accessory after the fact, to be left without an indictment[…]

Continued on Page 2, Column 1.

STATE PLANS TO BREAK FRANK DEFENSE

Continued From Page 1.

[…]against him on the charge to which he has virtually pleaded guilty.

Rosser urged an impartial investigation into the possibility that he is even more seriously connected with the crime which resulted in the grewsome death of Mary Phagan.

Chief of Detectives Lanford said Saturday when he was apprised of the contemplated move of those who wish to see the negro’s stories investigated by an impartial body that he assuredly would honor any warrant which on its face appeared bona fide, but that he would fight any effort to take Conley to the jail, which he suspected had back of it the animus of persons unfriendly to the negro and friendly to Frank. Lanford asserted that all of his actions in the Phagan mystery had been inspired by the desire to get the guilty man, and that it was his conviction that the negro was only a tool after the actual crime. Continue Reading →

Sheriff Mangum Near End, Says Lawyer Smith

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

The Atlanta Georgian

Saturday, June 14, 1913

Attorney for Conley Injects Politics Into Dispute Over Negro’s Place of Confinement.

William M. Smith, counsel for James Conley, confessed accessory after the fact in the killing of Mary Phagan, in a statement Saturday sought to make a political issue out of his controversy with Sheriff Mangum over the alleged treatment Conley received while in the Tower.

Attorney Smith employed references to his own previous statement that the jail was five stories high; was divided into four wings with seventeen cell blocks distributed over five floors, to discredit Sheriff Mangum’s characterization of the entire affidavit as “an infamous lie.”

He continued by asking if his other references to the structural conditions at the Tower also were lies. He added that Conley had furnished him with an affidavit as to the treatment he had received as a prisoner at the jail, and said he had given to Sheriff Mangum the name of one person, though what the charges are against this person the attorney does not specify. He intimated he had performed services for the Sheriff in the past and that there was much more he could tell if he desired.

The attorney concludes his reply to the Sheriff by the observation that Mr. Mangum “must be reaching the point where his usefulness to the public in his present position is at an end, and the citizens of this county would do well to select from among his ranks of splendid deputies a new Sheriff in the next election.”

In discussing his affidavit, Mr. Smith remarked:

“I did state that I thought the condition was due to the physical construction of the jail and to the fact that the county authorities did not give Sheriff Mangum money to hire sufficient guards. I stated that the best Sheriff in the world, with the best and the most efficient deputies, could probably do no better under the conditions that Sheriff Mangum and his deputies were placed. If I lied anywhere, it was in an effort to exonerate Sheriff Mangum from any blame in connection with the conditions in Fulton County jail.

“Mangum may forget, but he has men on his force who do not, and the general public remembers the weight of obligation that should rest upon him for services rendered by me to him in the past. For him to rush into public print and denounce me as an ‘infamous liar,’ probably without reading the many statements made in my affidavit exonerating him and his men, is not entirely surprising to me.

“If Sheriff Mangum wants me to tell the general public through the press the conditions as I know them to exist relative to the Fulton County jail, I can do it, and with the gloves off.”

* * *

The Atlanta Georgian, June 14th 1913, “Sheriff Mangum Near End, Says Lawyer Smith,” Leo Frank case newspaper article series (Original PDF)

Conley Released, Then Rearrested

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The Atlanta Constitution

Saturday, June 14, 1913

After a short hearing in his chambers yesterday Judge L. S. Roan, of the superior court, revoked his former order holding James Conley, the negro sweeper, as a material witness in the Phagan case, and ordered his release from the custody of the state. The negro was immediately rearrested and held by city detectives on a charge of suspicion.

By this the detective department and Solicitor Hugh Dorsey won their first point, as had the negro been ordered held by the state, he would have been transferred to the Tower and placed in the custody of the sheriff, where the detectives could not have reached them at their own free will.

Rosser Makes Protest.

Solicitor Dorsey secured the order for the release of the man who has sworn that Leo M. Frank, now under indictment for the murder of little Mary Phagan, is the real murderer, and Attorney Luther Z. Rosser, representing the indicted man, placed before the court a formal protest to the freeing of the negro.

William M. Smith, counsel for Conley, also filed a bill before the court on behalf of the negro, in which Conley swore to intimidation during the one night he spent at the jail, and declared that he had been approached by a man whom he believed to be in the employ of Frank, and that this man had given him sandwiches, which he feared to eat, and had offered him whisky.

Attorney Rosser stated that he did not wish to make the point that Conley was a material witness, but in his bill which he termed a “protest,” declared that all evidence pointed to Conley as the murderer, and took Chief of Detectives Newport Lanford severely to task for their treatment of the negro.

Attorney Rosser’s Plea.

“To enact the farce in the court’s presence of releasing the negro and immediately returning him to his wet nurses at police station would resemble child’s play,” said Attorney Rosser.

“That the detectives should wish to keep Conley in their custody and entertain him at the city’s expense is not at all surprising,” the attorney declared in his bill. “They have already exacted from him extravagant, unthinkable and unbelievable confessions, three or four in number. To these they have given widest publicity, and to the credibility of the last have staked their reputations and hope of place.”

Attorney Rosser also made the point in his answer that Chief Lanford was not a proper person in which to place the negro’s custody, and declared that he should rightly be turned over to the sheriff of Fulton county, as an unbiased officer of the law, who had nothing at stake in the matter. Continue Reading →

Solicitor H. M. Dorsey Wins in First Clash; L. Z. Rosser Declares Procedure a Farce

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Atlanta Journal

Friday, June 13th, 1913

Conley is Prisoner of City Detectives, Not of State, Now

Conley Says His Attorney Believes Idea of Transfer Originated With Friends of Frank, to Harm Him

JUSTICE WARRANT MAY ROB DORSEY OF VICTORY

As Negro Is Held Simply on Suspicion, Any Citizen Might Secure Transfer to Tower on J. P. Warrant

James Conley, the negro sweeper, passed from the custody of the superior court Friday morning, and Solicitor General Dorsey won the first legal point in the prosecution of Leo M. Frank, who has been indicted for the murder of Mary Phagan.

Judge L. S. Roan, after a short hearing, which commenced in his chambers at 10 o’clock, granted the solicitor’s petition that the court’s former orders holding Conley as a material witness in the case against Frank, be revoked, thus preventing his transfer to the county jail.

When the court’s action became formally known at police headquarters Conley was released and immediately rearrested on a charge of “suspicion,” and put back in his old cell, where he claims he is afforded protection from friends of Frank, who, he alleges, annoyed him when he was in the Tower.

Judge Roan in opening the hearing remarked that he would have granted the solicitor’s petition instanter had it not been for the unusual excitement about the case. He had issued a rule nisl calling upon any one who so desired to protest the solicitor’s petition, he said, simply out of an abundance of caution.

The court said the only point at issue was whether or not Conley is a material witness in the case.

Present were Luther Z. Rosser, chief counsel for Frank; Stiles Hopkins, of Mr. Rosser’s law firm; Bernard L. Chappell, counsel for Newt Lee; William M. Smith, counsel for Conley, and several attorneys not identified with the case.

The court asked these gentlemen if any one desired to make the point that Conley is a material witness in the case.

While the solicitor has openly stated that Conley is a material witness, he naturally did not make the point before the court.

DECLINED TO MAKE POINT.

Attorney Rosser said that he did not care to say that the negro was material to him.

He stated that he wished to formally file an answer to the rule nisl, with which he had been served, and to make his answer a part of the record in the case. Continue Reading →

Negro Freed But Jailed Again On Suspicion

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The Atlanta Georgian

Friday, June 13, 1913

Rosser Declares ‘Gibbering Statements’ Point Out Sweeper as Guilty of Slaying.

James Conley, self-confessed accessory after the fact in the murder of Mary Phagan, Friday was discharged by Judge L. S. Roan entirely from the custody of the State on the petition of Solicitor Dorsey.

Technically free, Conley was at once rearrested and held by the police on suspicion in the murder mystery. The action of Judge Roan constituted a victory for Solicitor Dorsey, who was fighting to prevent the authorities returning Conley to the Tower, from which he had been taken on the representation of his attorney, William M. Smith, that the negro was threatened and intimidated in the Tower.

Luther Z. Rosser, attorney for Leo Frank, made a bitter protest against the liberation of the negro, which, in the opinion of Judge Roan, was the only legal alternative of returning him to the county jail. He made a still stronger protest in a formal written statement placed on file as a record in the case.

Accuses Conley as Slayer.

In this he charged that the negro’s series of “gibbering and incoherent statements,” together with the attendant circumstances of the crime and Conley’s subsequent actions, pointed to him as guilty of the murder beyond any reasonable doubt.

Less than ten minutes was occupied in the disposal of the case. Judge Roan did not read either the statement of Attorney Rosser or that of Attorney Smith, who submitted the reasons he wished his client kept at the police station. The dispatch with which the petition was acceded to was a complete surprise. A protracted and hard fought legal battle had been expected.

Judge Roan said that he was without authority to hold the negro in the custody of the State so long as he had no formal application from either side. The Solicitor, he said, was asking for the release of the prisoner, and Attorney Rosser had characterized his statement only as a “suggestion.” Continue Reading →

Judge Roan to Decide Conley’s Jail Fate

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Atlanta Georgian

Friday, June 13th, 1913

Chief of Detectives Lanford Receives No Order to Take the Negro Sweeper to Court.

A more explicit accusation of murder against Jim Conley, negro sweeper at the National Pencil Factory, than has yet been made since his name has been connected with the Phagan mystery, was expected Friday morning when Luther Z. Rosser, attorney for Leo Frank, was to appear before Judge L. S. Roan to combat Solicitor Dorsey’s move to keep Conley at the police station and away from the tower.

The probability that Conley, accuser, and Frank, accused, would be brought face to face at the hearing was lessened when it was learned that Chief of Detectives Lanford had received no order to take the negro into court and had made the statement that he would not bring the negro out of the station without an order to that effect.

The hearing Friday morning was understood to be largely the outcome of a persistent demand on the part of Frank’s attorneys that Conley, a self-confessed accessory after the fact of Mary Phagan’s murder, and possibly the actual principal, should be removed from the police station and held in the tower.

His Rearrest is Probable.

Judge Roan, following this agitation, decided that he had possessed no authority to remand the negro to the police station, rather than to the Tower. To checkmate the transfer back to the Tower Solicitor Dorsey petitioned that Conley be freed, representing that the need for holding him as material witness no longer existed. Judge Roan set Friday morning for the hearing to show cause why the Solicitor’s petition should not be granted.

The effect of the petition’s success merely will be that Conley will be technically liberated, but will be rearrested and held “on suspicion,” or as a material witness at the police station by the police officers. In the event of the failure of the petition Conley will be returned to the Tower unless the fight is carried still further. Continue Reading →