Tag Archives: Leo Frank Trial

Leo M. Frank Will Go to Trial Monday, It Is Now Believed

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Atlanta Journal
July 27th, 1913

Indications Were Saturday Night That the Trial Would Begin Before Judge Roan at Hour Scheduled

BOTH SIDES READY AND BITTER FIGHT IS CERTAIN

Many Well Known Citizens In Venire From Whom the Twelve Jurors Will Be Chosen for Trial

If both sides answer ready when the clerk “sounds” the case of the “State of Georgia versus Leo M. Frank” in the criminal division of the superior court at 9 o’clock Monday morning, what is expected to be the most brilliant as well as one of the most bitter legal fights in the criminal history of the state will have commenced.

The stage has been set for the trial, and on the eve of the battle there was no intimation from any one in authority that the trial would not actually be commenced. For weeks the state and defense have been preparing for the struggle, which is to come Monday, and only an extraordinary motion from the defense, which is not now expected, will delay the trial.

Leo M. Frank, Cornell graduate and man of education and refinement, is charged with the murder of Mary Phagan, a fourteen-year-old factory girl, whose lifeless body was found in the basement of the National Pencil factory, of which he is superintendent, on April 27 by a negro night watchman.

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Venire Whipped Into Shape Rapidly; Negro Is Eligible

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

Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

Within a minute or two after Deputy Sheriff Plennie Minor had called the court to order the examination process was applied to the venire panel of 144 men. From each panel of twelve one or more men were excused after being asked the formal questions and furnished a sufficient reason to bar them.

J. H. Jones, Deputy Clerk, called the names. F. W. Stone, No. 82 East Linden street, was excused on account of illness. R. F. Shedden was refused on an excuse of military exemption. Only one man was excused from the first twelve men.

H. R. Calloway, of No. 691 Piedmont avenue, first of the second panel, was not served. F. A. Hull, No. 180 Grant street, was excused on account of his age, 20 years. T. J. Henderson, No. 25 Woodson street, was excused as opposed to capital punishment. J. A. McCreary, No. 78 East North street, was excused because of his residence in Dekalb County, J. F. Patterson, of College Park, was excused on account of deafness. Five were excused from the second panel.

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Frank Watches Closely as the Men Who are to Decide Fate are Picked

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

Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

This newspaper article is a continuation from the first page of an Atlanta Georgian newspaper. The first page is missing from our archives. If any readers know where to obtain the first part of this article, we would appreciate any help! Thank you!

[…] Mary Phagan by strangulation. This was followed by the request of the defense that the State’s witnesses be called, sworn and put under the rule.

The prosecution opened by announcing its readiness to go on with the trial and called the list of witnesses. Bailiffs brought them down from the second floor. In regular order called, their names were: Mrs. J. W. Coleman, mother of Mary Phagan; J. W. Coleman, the girl’s stepfather; George Epps, newsboy; L. S. Dobbs, policeman; W. W. Rogers, bailiff for constable; L. S. Starnes, detective and also prosecutor on the indictment; Pat Campbell, detective; Grace Hicks, girl who identified Mary Phagan’s body; J. M. Gantt, once held for inquiry, now supposed, to be a star witness for the prosecution; Harry Scott, the Pinkerton detective; R. P. Barrett, pencil factory employee; B. P. Haslett, policeman; M. [sic] V. Darley, factory employee; W. A. Gheesling, undertaker that cared for the girl’s body; Dr. Claude Smith, City Bacteriologist; Dr. H. F. Harris, member of the State Board of Health; Dr. J. W. Hurt, Coroner’s physician; E. L. Parry, court stenographer; E. S. Smith, Monteen Stover, girl employee at pencil factory; Minola McKnight, cook at Frank’s home; Albert McKnight, Minola’s husband (McKnight did not appear in court); Helen Ferguson, Mrs. Arthur White, wife of factory employee, and L. Stanford.

Agree on Conley Affidavits.

Attorney Reuben Arnold asked concerning the duces tecum that he had served on the State’s attorneys for the affidavits of Jim Conley and others. On the promise of Solicitor Dorsey that he would produce the affidavits whenever needed the duces tecum was waived.

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Work of Choosing Jury for Trial of Frank Difficult

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

Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

Veniremen Searchingly Examined by Both State and Defense

Slightest Objection Used to Disqualify—Attorneys Shrewdly Gauge Candidates from Every Angle.

In the selection of the twelve men to comprise the jury which will try Leo M. Frank for the murder of Mary Phagan, one of the bitterest contests of the great legal battle which begins Monday is anticipated.

That counsel for both the defense and State will probe deep into the character of each of the men drawn from the venire of 144 who take the stand for examination for jury service in this case is certain. The attorneys will endeavor to unearth in the character of the prospective juryman such traits as they may believe favorable or unfavorable to their case.

The slightest objection will be used to disqualify the man from becoming a member of the deciding tribunal. Under the cross-examination of such skilled lawyers as those who will appear in the Phagan case no iota of information which will tend to sway the verdict will remain concealed to to be carried into the jury box and fight against the delivery of justice.

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Trial to Surpass in Interest Any in Fulton County History

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

Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

No murder trial in Fulton County ever has approached the spectacular interest which is in prospect in the Frank case from the first, sharp skirmish between the opposing attorneys, through the long, bitter legal battle, and to the final pleas of the prosecution and the defense.

The presence of Luther Z. Rosser and Reuben R. Arnold in the brilliant array of legal talent at once made certain that the trial would be out of the ordinary. Neither has the reputation of making a half-hearted fight when there is anything at stake. This time it is a man’s life that is depending upon their legal ability, their shrewdness and their eloquence.

Both have a disconcerting habit of carrying the fight to their opponents. In ring parlance, they do not give their courtroom rivals a chance to “get set.” This is going to keep the spectators constantly on the edge of expectation, and will furnish a series of exciting incidents that will give the Frank trial a place by itself in the criminal annals of Georgia.

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Public Demands Frank Trial To-morrow

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Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

Old Police Reporter Sees No Cause for Delay

Either Side Asking Postponement Will Reveal Weakness, as Time Has Been Given for Preparation. Conley Is Center of Interest.

Defense Must Break Story of Negro or Face Difficult Situation. State Will Base Case on Chain of Circumstantial Evidence.

By AN OLD POLICE REPORTER.

The defense in the case of Leo Frank would have made a mistake, if current street comment counts for anything, had it decided to move for a continuance of the case to-morrow.

Indeed, the fact that the defense even was suspected of an intent to move for a continuance—righteously or otherwise—has not had a happy effect upon the public, even if it has not, on the other hand, served particularly to prejudice the case.

The people want the Frank case tried. I think there is no mistake about that.

And when it was rumored that it might be postponed, with the consent of the defense, even if not of its own motion, more than one person in Atlanta, even those inclined to be friendly to Frank, began, more or less impatiently, to ask themselves, WHY?

If the State is sure of itself, why delay? If the defense is sure of itself, why delay?

If either is not sure of itself, why, then, it must be because the one not sure of itself has a weak case. Thus reasons the public.

Leo Frank is guilty or he is not guilty.

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Prominent Atlantans Named On Frank Trial Jury Venire

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

Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

The venire of 144 men from which twelve will be selected to decide the fate of Leo M. Frank is considered to be one of the most representative ever drawn from a petit jury box in Fulton County. Prominent among the prospective jurors are Joel Hurt, Dr. E. L. Connally and J. W. Alexander, capitalists: David Woodward, president of the Woodward Lumber Company; George Law, of Law Brothers; R. F. Shedden, of the Mutual Life Insurance Company; Thomas D. Meador, vice president of the Lowry National Bank, and Edwin F. Johnson, advertising man.

The complete jury list is printed below:

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State Bolsters Conley

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

Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

Solves Discrepancies of Time

Mistaken Identity To Be Plea

Leo M. Frank Goes to Trial for the Slaying of Mary Phagan Monday, With Both Prosecution and the Defense Confident.

All Preparations Are Made for Big Crowds—Judge Roan to Be on Bench, Despite Recent Illness—Bitter Battle Expected.

Leo M. Frank will go on trial for his life to-morrow forenoon. With the beginning of the great legal battle, hardly more than 24 hours distant, it has been learned that the prosecution has overcome to its own satisfaction the greatest obstacle with which it has been confronted—the reconciling of the negro Conley with that contained in the statements of all the persons who visited the factory and were seen by Conley the day that Mary Phagan was murdered.

The most powerful argument against the truthfulness of the remarkable affidavit in which Conley told of helping Frank dispose of the body of the slain girl was contained in the fact that Conley’s original story in its designation of the time of various occurrences at the factory was in direct conflict with the statements of a number of the factory employees.

Miss Mattie Smith, one of the young women working for the National Pencil Company, told when she was first questioned of leaving the factory at about 9:30. Foreman M. B. Darley walked down the steps with her and said at the Coroner’s inquest that the hour was about 9:30.

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Frank Fights for Life Monday

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

Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

Dorsey Ready to Avenge Mary Phagan

Mystery of Months Is Still Unsolved

Most Bitter Legal Battle in History of Atlanta Courts Is Expected—Case Will Probably Last for Weeks.

After three months of mystery in the death of Mary Phagan, a climax is at hand more tense, more dramatic, more breathlessly interesting to Atlanta and all Georgia than any situation of fiction. Leo M. Frank, employer of the little girl whose tragic death, April 26, stirred a State, will be brought to trial Monday on the charge that he killed her.

Frank’s trial is the crowning event of the hundred thrilling circumstances surrounding the tragedy. Whatever the outcome, regardless of Frank’s conviction or acquittal, the incidents that follow the trial will come as an anti-climax. The prosecution has cast almost all its chances for solving the mystery into the case it has prepared against Frank. Its heavy guns are trained against the factory superintendent. It has opposed the indictment of the single other suspect, the negro Jim Conley. The enthralled interest of a public has been pitched about the question: Is Leo Frank guilty?

FRANK DRAMA’S CENTRAL FIGURE.

Even the pitiful figure of the little factory girl, mysteriously slain, has become subordinate in interest to that of Frank. The young man’s own personality, his steadfastly loyal and loving family, his friends who affirm his innocence in the face of a dark suspicion, all have become factors in making Frank the central figure of the crime drama.

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Frank’s Lawyers Ready for Trial

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

Atlanta Constitution
July 26th, 1913

They Have Started Summoning Witnesses and Are Quoted as Having Agreed to Go to Trial.

That Attorneys Reuben R. Arnold and Luther Z. Rosser, representing Leo M. Frank, charged with the Mary Phagan murder, have decided to go to trial Monday when the case is called was information made public Friday from an apparently reliable source. Coupled with this, and apparently making the trial doubly sure, is the news that the defense has started summoning its witnesses and making final preparations for the actual trial.

Solicitor Hugh M. Dorsey reiterated Friday his statement in regard to the stand the state has taken and declared that he would oppose every move for continuance, unless there should prove an extraordinary reason for putting it off.

Judge L. S. Roan who will conduct the trial and who was slightly ill Thursday, had apparently recovered Friday and expects to call the case Monday morning should nothing unusual happen.

Despite the fact that the attorneys for the defense still maintain a blank silence in regard to their position and decline to say whether or not they will ask for a postponement, the impression has got out that they have agreed to having the trial come off.

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Leo Frank Expects Acquittal and Asks an Immediate Trial

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Atlanta Journal
July 26th, 1913

Pencil Factory Superintendent Declares the Sooner He Faces a Jury the Sooner He’ll Gain His Freedom

ACCUSED OF PHAGAN CRIME, HE WELCOMES TRIAL DAY

Wife is Regular Visitor to the Tower—Frank’s Time In Prison Is Spent in Reading and Playing Chess

Leo M. Frank is ready and anxious to go on trial for his life before Judge Roan in the superior court next Monday morning, according to statements he has made to friends who visited him in his cell in the tower.

“The sooner I face the jury, the sooner I will gain my liberty,” he is quoted as having said.

This indicates that the factory superintendent, accused of the most atrocious crime in Atlanta’s history, is confident of an acquittal.

Frank is as fit physically to face a jury as he was the day he was incarcerated. He has not had a day’s sickness during his detention. He has lived regularly, getting eight hours of sleep and plenty of exercise.

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Veniremen Drawn for Frank Trial

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

Atlanta Constitution
July 25th, 1913

One Hundred and Forty-Four Names Drawn From Jury Box—No Effort So Far at Postponement.

The veniremen from which it is expected to choose the jury for the trial Monday of Leo M. Frank, charged with the Mary Phagan murder, was drawn yesterday afternoon by Judge John T. Pendleton, at the request of Judge L. S. Roan, who returned from Covington, Ga., slightly ill.

The names of 144 men were drawn from the petit jury box, and as far as is known no actual attempt was made to have them drawn from the grand jury box, as the attorneys for Frank originally desired.

For the past week the rumor has gone the rounds that Attorneys Reuben R. Arnold and L. Z. Rosser, for the defense, would move to postpone the trial. They have so far made no statement in regard to this matter, and decline to assert whether they will endeavor to secure a postponement or not.

Solicitor Hugh M. Dorsey declared in most emphatic terms Thursday that he was ready for trial and would exert every effort to prevent a delay. Judge Roan, who was seen at his apartments at 15 East Merritts avenue, declared that he expected to be well again today, as he had merely suffered an attack of indigestion.

He stated that he expected to be able to preside, and would call the case Monday morning, on the date set. Judge Roan has been on the bench for over ten years, and has a record of never having missed a day from his duties as judge, and also of never having failed to open court on the minute.

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Frank Will Likely Face Trial Monday for Phagan Crime

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

Atlanta Journal
July 25th, 1913

Defense Subpoenaes 150 Witnesses, and If Any of the Chief Witnesses Are Ill, Continuance Can Be Asked

JUDGE ROAN, WHO WAS ILL, IS REPORTED IMPROVED

Indications Now Are That Defense Will Make No Effort to Have Trial Put Off—144 Veniremen Summoned

The stage is set for the trial of Leo M. Frank for the murder of Mary Phagan on April 26.

Veniremen and witnesses for the defense are being summoned. The witnesses for the state are already under subpoena.

Judge L. S. Roan, who was ill Thursday, is better and ready for the trial. Solicitor General Hugh M. Dorsey will insist on a trial.

The attitude of the defense alone is problematical. Neither the state nor the defense is required to announce ready or not ready before a case is actually called in the court room, and apparently there will be no intimation from the defense until 9 o’clock Monday morning, when the clerk calls the name of the defendant in Atlanta’s most sensational murder case.

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Witnesses for Frank Called

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Atlanta Georgian
July 25th, 1913

Despite Judge’s Statement All Is In Readiness, Move for Postponement Is Expected.

Despite the fact that Superior Judge L. S. Roan stated everything was in readiness for the trial of Leo M. Frank next Monday, that State’s Attorney Hugh M. Dorsey has announced he will fight a delay, and that the defense actually commenced summoning witnesses, the impression still prevailed Friday that a motion for continuance would be made by the defense when the case is opened.

Attorneys Luther Rosser and Reuben R. Arnold, declined flatly to say whether they would permit the trial to proceed without introducing some motion for a postponement, and the report was that witnesses had been summoned to be on the safe side in the event a request to put off the trial is refused.

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Frank’s Trial May be Postponed Until Early in the Fall

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Atlanta Journal
July 24th, 1913

Judge L. S. Roan, Who Will Preside at the Trial, Returns to Atlanta Thursday Afternoon and Is Ill

SOLICITOR SAYS STATE WITNESSES ARE READY

Reuben Arnold, One of Frank’s Attorneys, Returns After Conference in Covington With Judge Roan

Judge L. S. Roan, who will preside at the trial of Leo M. Frank when he is arraigned for the murder of Mary Phagan, returned from Covington Thursday afternoon quite ill and went immediately to his home. He will be unable to go to the court house during the afternoon, but announces that the venire will be drawn by Judge John T. Pendleton, at his request.

Reuben R. Arnold, associate attorney in the defense of Mr. Frank, returned from Covington on the same train with Judge Roan. He declined to make any statement in reference to his visit to Covington. It could not be learned from him whether he had discussed the possibility of a postponement with Judge Roan or whether the defense would make formal application for postponement.

The impression prevails, however, that the defense will seek a postponement and there is said to be a strong probability that the case will not go to trial before early fall.

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Frank Trial Delay up to Roan

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Atlanta Georgian
July 24th, 1913

STATE READY AND WILL FIGHT A DELAY

Solicitor Disappointed When Court Fails to Draw Jury Panels at Time Planned.

With the belief growing that a serious effort is being made to delay the trial of Leo Frank, set for next Monday, Solicitor General Hugh M. Dorsey Thursday renewed his protest against further postponement in a vigorous statement, declaring the prosecution is ready with a complete case against the National Pencil Company factory head, accused of killing Mary Phagan.

The trial date rests entirely with Judge Roan, who is in Covington. The drawing of the jury venire awaited word from him, expected some time during the afternoon. At his home it was said the Judge would not return until to-morrow.

Reuben R. Arnold, of counsel for Frank, was said to have consulted with Judge Roan in Covington and presented arguments for delay, but the truth of this report could not be established.

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Veneir [sic] is Drawn to Try Leo M. Frank Monday

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Atlanta Georgian
July 24th, 1913

JUDGE ANNOUNCES HE IS READY TO TRY CASE; 144 MEN EMPANELLED

Says He Has Not Even Been Asked for Postponement, and Sees No Reason Why Trial Should Not Begin On Date Fixed.

Jim Conley, the negro sweeper of the National Pencil Factory, was taken from the police station late Thursday afternoon by Detectives Starnes and Campbell to verify certain of his statements and to point out certain witnesses, who, he told the detectives, would be able to refute the affidavit of W. H. Mincey by showing that he was not at the point where Mincey swears the negro confessed he “had killed a girl” on the afternoon of the murder. The detectives would not divulge the location of the places to be visited.

Judge L. S. Roan, home from Covington, late Thursday, declared to a Georgian reporter that he saw no reason why the trial of Leo M. Frank, accused of the murder of Mary Phagan, should not begin Monday.

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Let the Frank Trial Go On

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

Atlanta Georgian
July 24th, 1913

Leo Frank should be placed on trial Monday for the murder of Mary Phagan.

The crime was committed April 26; Frank was arrested April 28; he was indicted Mary 23 and his trial set for June 30.

At the suggestion of the judge in whose court the trial is to take place, a postponement was agreed on, and the date of the trial moved up to July 28.

Now attempts are being made to secure another postponement. The only reason given to the public is that the weather is hot and it would be disagreeable to hold the trial in the summer.

Of course it is hot, but it isn’t any hotter in the court room than it is in jail.

Both the prosecution and the defense have had ample time to prepare their cases. If Frank is guilty, the State can prove his guilt as well now as later on; if he is innocent, the defense can prove his innocence as well in summer as in winter.

The public has taken a keen interest in the Phagan case and it will demand that the man who killed her be punished, whether that man is Frank or someone else. Furthermore, it is tired of delays.

Public sentiment is where it was on the date first set for Frank’s trial and it will be at the same place if the trial is delayed for a year.

Atlantans are awaiting the trial with open minds. They are not holding themselves up as judges. They know the law is supreme and they want it to take its course. But they want that course taken without seemingly endless delays.

Give Right of Way to Case of Frank

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Atlanta Constitution
July 23rd, 1913

Attorneys for Relatives in the Crawford Will Hearing Are Willing to Yield Their Claim of Priority.

The conflict between the dates of hearing the litigation over the $250,000 estate of the late Joshua B. Crawford, and the trial of Leo M. Frank, charged with the Mary Phagan murder, may cause a postponement of the Frank trial, as Attorneys Reuben R. Arnold and Luther Z. Rosser are connected with both cases.

The Crawford hearing will be renewed today and by right of priority takes precedence over the other trial. It is expected, however, than an arrangement will be made whereby Attorneys Burton Smith and P. H. Brewster, representing Mrs. Mary Belle Crawford, the defendant, will continue the case and Attorneys Arnold and Rosser, also on the side of the defendant, will devote their time to the defense of Frank.

Crawford Attorneys Willing.

Attorneys J. S. James and Albert Kemper, representing the plaintiffs in the Crawford case, stated that under no circumstances did they wish to put off the Frank trial and that as far as their side was concerned the Crawford hearing might be postponed until the criminal case was disposed of.

Judge L. S. Roan, who is to preside over the trial of Frank, has stated that he would call the case Monday, but Attorney Arnold had declared that he wants the question of whether or not it is to be heard settled before the jurymen are summoned and a hearing in regard to that is expected this week.

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Fight Expected Over Effort to Defer Frank Case

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Atlanta Journal
July 23, 1913

No Witnesses for Defense Have Been Called for Monday, and Indications Are They Will Not Be

CRAWFORD CASE CHECKED TO DATE OF FRANK TRIAL

Attorney R. R. Arnold May Go to Covington to Request Judge L. S. Roan to Postpone Case

While the position of the defense of Leo M. Frank has not been announced, Attorney Luther Z. Rosser and Reuben R. Arnold have indicated clearly that they desire to postpone the trial of case from next Monday, when it is set. Solicitor General Hugh M. Dorsey, on the other hand, has announced the state’s position. He will fight any and every move to postpone the case.

The solicitor general objected, when the case was postponed from June 30, the date he first fixed, and fought to have a date earlier than July 28 when he then saw that postponement was inevitable. Now he is again preparing to fight against further delay.

Deputy Sheriff Plennie Minor was instructed by Judge L. S. Roan, to bring the jury box to Judge John T. Pendleton with the request that he draw the venire for the trial on Thursday morning before the trial judge left to hold court this week in Covington.

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