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

Atlanta Constitution
August 7^th, 1913

JUDGE ROAN DENIES MOTION OF DEFENSE TO STRIKE PART OF CONLEY TESTIMONY

Reuben Arnold Threatens to Call for Mistrial if There Should Be Recurrence of Applause Which Marked Reception of the Decision. Judge Announces That the Court Room Would Be Cleared if There Was Any More Disorder.

BAFFLED BY ATTITUDE OF CONLEY ON STAND, DEFENSE ENDS GRILL

Dr. Roy Harris Testifies in Afternoon, Declaring That Death Was Caused by Strangulation—Tells of Experiments With Four Men in Digestion of Cabbage Cooked by Mrs. Coleman, Mother of Girl Who Was Murdered—C. B. Dalton Testifies Today.

When, shortly after the noon recess Wednesday, after he had heard lengthy argument on both sides, Judge Roan reversed his decision of the day previous thereby admitting as evidence the statements of Jim Conley that on numerous occasions he had acted as “lookout” for Leo M. Frank while he was engaged with women on the second floor of the National Pencil factory, the state and Solicitor Dorsey won a victory which was perfectly patent to every one in the court room, and the news was quick to reach the street and to be circulated by word of mouth all over the city.

As soon as Judge Roan announced his decision spontaneous applause broke out in the court room and Reuben Arnold jumped to his feet, exclaiming:

“If that happens again I shall move for a mistrial.”

Judge Roan announced that he would have to clear the room if there was a recurrence of the disorder.

Interest at Keen Pitch.

At no single stage of the long drawn-out trial has interest been so keen as when Judge Roan announced on Tuesday that he would reverse his decision on the admissibility of this evidence until Wednesday morning. The evidence was of such an important nature and its introduction came as such a complete surprise that it was the sole topic of conversation all day Monday and Tuesday. When Conley had blandly told of the occurrences which would seem to indicate a course of conduct on the part of the defendant which would throw light on the crime, and stamp him as apart from other men, there was profound surprise in the court room that the astute attorneys for the defense did not strenuously object.

But on second thought the impression seemed to be that Mr. Rosser and Mr. Arnold, confident they could break the negro down, were opening wide the bars and were giving Conley all the rope necessary to hang himself.

As hour by hour the attorneys for the defense hammered away and failed to entrap the negro the enormity of the evidence became apparent.

Finally, came the virtual confession of the defense that they had failed to break the negro down and they asked that the evidence be stricken from the records.

All over the city the news spread that the negro had withstood the fire and that Frank’s attorneys were seeking to have the evidence expunged from the records.

“Would Judge Roan rule for the state or for the defense?” This was the question which was asked by every one of his neighbor. Would other witnesses be allowed to go on the stand and corroborate the damaging statements made by Conley? Would the state be allowed to still further press the advantage it had made or would it have to close deprived of this evidence?

The air was full of doubt and uncertainty.

Judge Roan by a few words changed all this up.

Jim Conley Finishes.

Jim Conley, after remaining on the stand sixteen hours, was allowed to leave the court room at 11 o’clock Wednesday morning. He stated that he was feeling fine and his appearance would not seem to indicate that he was fatigued in the least by the long ordeal through which he had passed. The defense had failed utterly to shake him on any material point of his story.

Mesh Bag in Safe.

The big thing developed by his examination Wednesday was the statement that he had seen Frank place Mary Phagan’s silver mesh bag in the safe in his office. Up to this time what had become of the mesh bag was a mystery. Jim Conley had not mentioned anything about it before, and it had been thought that the finding of the purse would go largely toward solving the mystery of the murder. Newt Lee’s house had been searched for it and Conley’s home had been ransacked in vain.

Refused to See Conley.

By the introduction of Sheriff Mangum the state managed to prove, over the protest of the defense, that Frank had refused to see Conley when he had been brought to the jail by Chief Beavers, Chief Lanford and others.

The state also endeavored to show by the testimony of Mrs. John R. White that, although Frank knew Conley was in the building on the day of the murder, the city detectives did not get this information until May 7, when Detective Rosser went out to see Mrs. White.

Dr. Harris On the Stand.

Dr. Roy Harris, whose testimony last week was to the effect that Mary Phagan must have met her death within three-quarters of an hour after she had eaten cabbage and bread for breakfast, again took the stand Wednesday and resumed the testimony which had been interrupted by his illness.

Dr. Harris described the microscopic examination he had made of Mary Phagan’s stomach and gave much additional information to prove that the little girl had been killed shortly after eating. He explained that hydrochloric acid had not had time to form and that the pancreatic juices were not present.

He told of having had Mrs. J. W. Coleman, mother of the dead child, prepare some cabbage just as she had cooked it for her daughter on the last day of her life, and of the experiments he had made on several persons, one of whom was Mary Phagan’s exact age.

The whole purpose of Dr. Harris’ testimony was to show that ever if not properly masticated the acids and juices of the stomach will make certain changes on food within a certain length of time.

He also testified as to the condition of the organs of the girl to show that violence of some sort had been done her.

Both Luther Rosser and Reuben Arnold cross-questioned Dr. Harris, but failed to develop anything of material benefit to the defense. It was plain to see that the defense is working on the theory that the child was killed at a later hour than the state hopes to prove.

Dr. Harris was extremely weak and asked to be relieved of further testimony until today. He will be placed on the stand again this morning.

Sensation Is Expected.

Following Dr. Harris, C. B. Dalton will be placed on the stand by the state. He is the man referred to by Conley as having visited the pencil factory on one of the days when Conley says he was “watching out” for Frank. His testimony is expected to prove sensational in the extreme. Other corroborative witnesses will follow Dalton.

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Atlanta Constitution, August 7th 1913, “Spontaneous Applause Greets Dorsey’s Victory,” Leo Frank case newspaper article series (Original PDF)

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

The Atlanta Journal

June 11, 1913

Petition Will Be Presented to Judge Roan by Solicitor Dorsey but Its Nature Is Not Made Known

ROSSER’S CARD CAUSES ACTIVITY BEHIND SCENES

Negro May Be Put Back in the Tower – Solicitor Dorsey Says: “I Am Trying to Run State’s Case Myself”

The report became current Wednesday afternoon shortly after 3 o’clock that the new development in the Phagan case would be a withdrawal by the state of its petition in court whereunder James Conley, the negro, is held as a material witness.

Shortly before 3 o’clock, William Smith, attorney for the negro, and Solicitor Dorsey appeared at the court house together, for this purpose, it was said.

Attorney Smith does not want the negro confined in the Fulton county jail, where he declares he was menaced during the one night that he spent there after his affidavit became public. There has been no insistence from Attorney Smith. It is said, that any damage whatever be made in the status of the negro.

As the result of the clash between the prosecution and the defense of Leo M. Frank, over James Conely, it is expected that the negro’s legal status will be changed in some way, probably Wednesday afternoon.

It is also barely possible that Conley will be indicted Thursday by the grand jury as an accessory after the fact of Mary Phagan’s murder, but this is not considered probable.

Conley is now at police headquarters, held by authority of an order from Judge L. S. Roan, of the criminal division of the superior court. Conley is held as a material witness in the case against Frank.

The negro sweeper was transferred soon after he made his sensational confession, charging Frank with being the principal in the Phagan murder, from police headquarters to the Tower, where he remained about twenty-four hours.

Then he was transferred again, on a superior court order, to police headquarters, his attorney, William M. Smith, consenting to the move.

The obvious reason for the transfer was to prevent the negro’s talking to interviewers, who are allowed into the jail if the prisoner has no objection to talking to them.

At police headquarters only the detective and sometimes the prisoners lawyer, is allowed to see him.

Conley’s attorney, William M. Smith, stated Wednesday that he would prefer for the negro to be incerated at police headquarters rather than at the tower.

JAILERS CAN PROTECT HIM.

The reason assigned by the detectives for removing Conley from the tower was his own statement to the effect that visitors at the tower had annoyed him as they passed his cell.

It is arguer, however, that the jailors can protect the negro if he is held in the tower, and if it is decided that from a strictly legal sense there is no authority for holding Conley at headquarters Wednesday night will probably find him in the tower again, held as a material witness.

As to the probability of the grand jury’s indicting the man either as an accessory or a principal, little can be said with any authority. Several of the individual jurors are said to be interesting themselves in the matter and many inquiries have been made as to the reason for the prosecuting official’s failure to bring a bill against the negro before the jury.

It is certain, however, that no bill charging Conley wtih being a principal will be presented by the solicitor’s office unless demanded by the grand jury.

The interest of the individual jurors makes it probable there will be action in the near future.

WHAT DORSEY SAYS.

Asked if Conley would be taken before the grand jury to tell his story to the citizens who indicted Frank for Mary Phagan’s murder, Solicitor General Hugh M. Dorsey said simply: “I am trying to run the state’s case by myself.”

L. H. Beck, the foreman of the jury, stated that the jury would take up[…]

(Continued on Page Six, Col. 7.)

CONLEY’S STATUS IN PHAGAN CASE MAY BE CHANGED WEDNESDAY

(Continued From Page 1.)

[…]during the present week only the matters presented to it by the solicitor.

Relative to the Conley matter itself, the grand jury foreman said that it was a criminal case of the type usually acted upon by the grand jury only when presented to it by the solicitor.

As to whether or not the grand jury would take the matter up of its own initiative next week, Mr. Beck would make no statement.

Mr. Rosser’s Position.

Relative to the lack of grand jury action in the Conley case Mr. Rosser, in his first statement since the Phagan investigation commenced, said:

“No one has been rude enough to bring this negro before the grand jury, nor, indeed, to make any charge against him.

After the statement of this negro and in view of all the evidence which so strongly points to him as the slayer of little Mary Phagan, is the grand jury to leave him without charge or investigation to be wet-nursed by Lanford until Frank’s trial?

Or is it the purpose to keep the negro’s case from the grand jury in the nature of an offered reward to spur him on to swear his worst against the white man?

Would it not be just and decent to bring this negro’s case before the grand jury and let that body hear his confession, so that it can then decide whether the negro should then be indicted?”

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The Atlanta Journal, June 11th, 1913, “Conley’s Status in Phagan Case May Be Changed Wednesday,” Leo Frank case newspaper article series (Original PDF)