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

Atlanta Constitution
August 27th, 1913

Motion for New Trial Made and Hearing Set for October 4, 1913, Thus Making It Certain Prisoner Will Get Delay.

NEWT LEE IS RELEASED BY ORDER OF THE COURT

Leo Frank Tells Judge That He Is Innocent, but That His Case Is in the Hands of Counsel.

Leo M. Frank is sentenced to be hanged on Friday, October 10, 1913. This was the date set yesterday morning by Judge Leonard Strickland Roan, when the man convicted of the murder of little Mary Phagan was brought before him to be sentenced on Tuesday, August 26. The fact that the man’s attorneys immediately made motion for a new trial and that Judge Roan set this hearing for October 4 makes it certain that Frank will not hang on the date set.

Should Judge Roan, after a hearing, grant a new trial, the execution would be postponed; should he refuse it, the execution would be postponed while the matter went through the higher courts.

With the sentencing of Frank came a court order, secured by Attorneys Graham and Chappell, giving freedom to Newt Lee, negro nightwatchman for the National Pencil factory, of which Leo Frank was superintendent. The negro had been in custody since 3 o’clock on the morning of Sunday, April 27 when officers came at his call and found the dead girl’s body in the factory basement.

Conley Still in Tower.

James Conley, the negro sweeper, who testified that he aided Frank in disposing of the body and whose story the jury believed, is still in jail, as an accessory after the fact by his own confession. The maximum punishment for Conley is three years, and it is expected that he will be indicted in short order, and enter a formal plea of guilty. It is believed that he will be given less than the maximum, as is often done where a person turns state’s witness.

When Frank was called upon Tuesday morning by the sentencing judge for any reason why a sentence of death should not be pronounced upon him, he reaffirmed his statement of innocence.

“Your honor, I say now, as I have always said, that I am innocent; further than that my case is in the hands of counsel.” These were the words the man spoke and he looked directly at the judge as he spoke.

Very few persons were present when the sentence was passed. Judge Roan sat in his regular courtroom in the Thrower building, instead of in the civil division of the courthouse, where the trial was held, and not over 50 people were present as spectators.

Mrs. Lucille Frank Not Present.

Not even the convicted man’s wife was present. She had heard of the fact that sentence was to be pronounced and was rushing to the courthouse when the words were pronounced by the judge.

As the prisoner in the custody of Deputy Sheriffs John H. Owen, George Brodnax and T.A. Burdette, was being taken back to the Tower, Mrs. Frank, the wife, came up in an automobile. The two met in front of the Thrower building. The wife greeted her husband with a smile and then followed him to the jail, where she threw her arms around him and kissed him repeatedly.

Solicitor General Hugh M. Dorsey was not present at the sentencing, and neither was Frank A. Hooper, special attorney who aided him in the trial. The state was represented by E. A. Stephens, assistant to the solicitor. All three of the defendant’s attorneys were present and had a conference with Judge Roan in his chambers shortly before the sentencing. It was then that the judge was given informal notice of the motion for a new trial.

Attorneys Luther Z. Rosser, Reuben R. Arnold and Herbert Haas are all confident that Frank will get a new trial.

Statutory Grounds Given.

In making their motion for a new trial, attorneys for Leo Frank set forth statutory grounds and at an early date will file the real motion as at amendment to the present one.

The motion as filed Tuesday sets forth: that the verdict of guilty was contrary in the evidence; that the verdict was contrary to the law; that it was contrary to the weight of law, and that the court, after overruling motion of the defense, allowed certain testimony, which was relative to other crimes not mentioned in the bill of indictment.

The last mentioned part of the motion will be the principal one on which the amended motion will be made. It refers to the testimony of Conley in which he charged perversion on the part of the young superintendent and also declared that on many previous occasions he had acted as “lookout” for him at the factory.

Leo Frank’s cell was a mecca for visitors yesterday.  Friends came to the jail in crowds, appearing as early as daybreak and as late as 10 o’clock at night. Even when he went to the courthouse to receive the sentence of death, he was accompanied by friends.

Both his mother and wife came to the Tower during the morning. He seemed cheerful. The wife plainly slowed the effect of the terrible strain which she had undergone during the latter days of the trial.

When the trio emerged from the room, both women kissed the prisoner goodbye and left the Tower. They were accompanied by friends and neighbors who left with them. Frank was sent back to his cage and locked in. He occupies an entire cell block in ward 3.

Statement by Defense.

Reuben Arnold and family left for the ford Springs, where they go to spend a month’s vacation.

Shortly before leaving the city, Mr. Arnold conferred with Attorney Luther Z. Rosser. The result was a short statement given out to the newspapers in which the counsel for the defense declared it would have taken a jury of Stoics to have given Frank, a fair and impartial trial.

The statement was:

“We deem it not amiss to make a short statement at the attorneys of Leo M. Frank to the public:

“The trial which has just occurred and which has resulted in Mr. Frank’s conviction was a farce and not in any way a trial. In saying this we do not make the least criticism of Judge Roan, who presided. Judge Roan is one of the best men In Georgia and is an able and conscientious judge.

“The temper of the public mind was such that it invaded the courtroom and invaded the streets and made itself manifest at every turn the jury made; and it was just as impossible for this jury to escape the effects of this public feeling as if they had been turned loose and had been permitted to mingle with the people.”

“In doing this we are making no criticism of the jury. They were only men and unconsciously, this prejudice rendered any other verdict impossible.”

“It would have required a jury of Stoics, a jury of Spartans, to have withstood this situation.”

“The time ought to come when this man will get a fair trial and we profoundly believe it will.” 

“The final judgment of the American people is a fair one. It is sometimes delayed in coming, but it comes.”

“We entered into this case with the profound conviction of Mr. Frank’s innocence. The result has not changed our opinion. Every step of the trial has intensified and fortified our profound conviction of his innocence.”

Signed,

“REUBEN ROSE ARNOLD,” and “LUTHER ZEIGLER ROSSER.”

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Atlanta Constitution, August 27th 1913, “Frank Sentenced on Murder Charge to Hang Oct. 10,” Leo Frank case newspaper article series (Original PDF)

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

Atlanta Constitution
August 31st, 1913

Leo Max Frank, recently convicted on the charge of murdering Mary Phagan, is to receive aid in his battle for life and liberty from the alumni of Cornell University of Ithaca, New York, which institution he is a graduate [on June 21, 1906], according to dispatches received in Atlanta Saturday night from New York city lawyers, when the movement was started some days ago.

T. B. Strauss, a prominent Cornell alumnus, is heading the movement, and it is stated that circular letters will be sent out to Cornell graduates throughout the country asking their cooperation in the effort to establish Frank’s innocence. It is further stated in articles recently published in New York that it is possible that a subscription will be taken up to make up a fund to finance his defense.

Frank’s latest method of amusing himself in his prison cell is to solicit the autograph of every visitor. He Is insistent on this point before he will see anyone. It is stated, and it is estimated that he has already accumulated hundreds upon hundreds of signatures. He is keeping a diary of each day’s happenings, and faithfully sets down every detail of each hour. He writes down the time to the very minute at which anyone visits him, what time they arrive, and what time they leave. He is equally consistent in jotting down the time at which he eats, how long It takes him to finish each meal and at what time he arises, and not even the smallest detail of the hours in which he is awake is allowed to escape a place on his record.

* * *

Atlanta Constitution, August 31st, 1913, “Graduates of Cornell Will Aid Leo M. Frank in Fight for Life,” Leo Frank case newspaper article series (Original PDF)

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

Atlanta Constitution
August 28th, 1913

Prisoner is Preparing Statement as Answer to Solicitor Dorsey’s Argument.

The cell of Leo M. Frank in the Tower is fast assuming the appearance of a living room. Yesterday a new bed and a number of furnishings arrived. All the day prison attaches worked renovating the interior, oiling the floor and cleaning the windows. 

Mrs. Lucille Frank appeared at the jail shortly after noon. For the first time since her husband’s imprisonment, she visited him in his cell. Heretofore they have accepted the use of the jailers dining room on the first floor. Frank’s mother, Mrs. Rea Frank, also visited him Wednesday afternoon. The wife remained until nightfall.

Frank Cheerful, Say Friends.

Frank is cheerful, his friends say, and is hopeful of the future. He expresses confidence of a new trial and of the prospect for complete exoneration in the long run. He apparently has suffered no ill effects from the strain of the four long weeks at trial and of the resultant verdict. He has suffered not a moment’s illness during his entire imprisonment.

It was stated Wednesday by friends that Frank is preparing a statement for publication in which he brands the speech of Solicitor Dorsey as unfair and underhanded. “It was as full of holes as a slave,” they quote him as having said, “and if I could have had just one hour In which to reply to his argument, I could have convinced the jury that I was an innocent man and that the solicitor was misrepresenting facts.

“I am preparing a statement in reply to his argument,” he is said to have stated, “and if my lawyers deem it advisable, I will make it public. I know that his statements were presented to the jury unfairly and that they had their weight in influencing the twelve men. Therefore, this Is the only way by which I will be able to cope with this unfair situation.”

Summons Chief Clerk.

Frank summoned his chief clerk, Herbert Schiff, who was an important witness for the defense, to the jail, Wednesday morning and dictated a number of letters, business and otherwise. The prisoner Is compiling a diary.       

Attorney Luther Rosser is busy preparing his case for presentation to the courts. In case Judge Roan refuses to grant a new trial, it will be immediately carried to the Supreme Court. At present, the defense is boiling down its plea to the required brevity.

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Atlanta Constitution, August 28th 1913, “Jail Cell of Leo M. Frank Now Like Living Room,” Leo Frank case newspaper article series (Original PDF)

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

Atlanta Constitution
August 22nd, 1913

This is the chronological table of Frank’s actions on the date of the murder which was displayed in chart form yesterday afternoon during Attorney Arnold’s speech:

 7:30 a.m.—Minola McKnight.

8:26 a.m.—Frank arrives at factory. Sees Holloway, Alonzo Mann and Roy Irby.

9:00 a.m.–Darley, Wade Campbell, Mr. Lime, Mattie Smith.

9:20 a.m.—Miss Mattie Smith leaves building.

9:40 a.m.—Darley and Frank leave building.

10:00 a.m.—Telephones Schiff to come to office.

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

Atlanta Constitution
August 19th, 1913

Numbers of girls and women, either now employed or formerly employed at the National Pencil factory, were placed on the stand Monday by the defense to swear to the good character of Superintendent Leo M. Frank.

The following, 21 in all, declared Frank’s character good: Miss M. E. Fleming, Miss Annie Howell, Miss Lillie May Goodman, Miss Cora Cowan, Miss Jimmy Mayfield, Miss B. D. Smith, Miss Lizzie Ward, Miss Ida Holmes, Miss Willie Hatcher, Miss Mary Hatcher, Miss Olive Johns, Mrs. Georgia Denham, Miss Bessie White, Mrs. Lizzie Florence, Miss Jennie Spivey, Mrs. Minnie Smith, Miss Grace Atherton, Miss Martha McCord, Miss Lena McMurtry, and Mrs. W. R. Johnson.

Mrs. Mary Bolton, Miss Velvie Holland and Miss Ethel Barber declared that they did not know anything about Frank’s character.

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

Atlanta Constitution
August 19th, 1913

When Mrs. J. G. Wardlaw, a bride of three weeks, who was Miss Lula McDonald, recently worked at the National Pencil factory, was on the stand, Solicitor Hugh Dorsey sought to draw from her the statement that she knew that on the Saturday previous to Mary Phagan’s murder that Leo Frank had carried a little girl out on the Hapeville car line and tried to get her to leave the car with him at various stops.

He also tried to get the witness to say that she knew that on his occasion H. M. Baker and Herndon Stanton, the street car men in charge of the car, had noted the man’s actions.

Mrs. Wardlaw declared she had no knowledge of anything like that and she declared that she had never even heard of any immoral or improper actions on the part of Frank. She was then excused.

* * *

Atlanta Constitution, August 19th 1913, “Mrs. Wardlaw Denies Ever Seeing Frank on Car With Little Girl,” Leo Frank case newspaper article series (Original PDF)

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

Atlanta Constitution
August 20th, 1913

Albert McKnight, husband of Minola McKnight, the negro cook for the family of Emil Selig, with whom Leo Frank and his wife made their home, was introduced to the stand following E. H. Pickett.

Mr. Hooper drew from the negro the statement that since the day he stood in the kitchen door and saw Leo Frank’s reflection in the dining room sideboard glass that the sideboard had been moved.

The negro was made to go over a blue print diagram of the Selig home and show what he claimed was the location of the sideboard on the day of the murder and at the time he claims he saw that Frank ate po dinner and remained only a few minutes at the dinner table.

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

Atlanta Constitution
August 21st, 1913

The evidence brought out on Tuesday that Frank had frequently been seen talking to Mary Phagan and that while so doing had placed his hands upon her person, was corroborated by several witnesses on Wednesday.

The first of these corroborative statements came when Miss Ruth Robinson was called to the stand by Dorsey.

She testified that she had worked at the National Pencil factory and knew both Frank and Mary Phagan.

“Have you ever seen Frank talking to Mary Phagan?” asked Dorsey.

“Yes.”

“What did he talk to her about?”

“About her work.”

“When did he talk to her?”

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

Atlanta Constitution
August 21st, 1913

J. M. Gantt, who has been an important figure in the state’s case, was called during the afternoon to testify to the length of time in which he has seen Frank make out the financial sheet and to the inaccuracy of the ‘punch-clock on the second floor.

“Did you ever see Frank make out the financial sheet?” Mr. Dorsey put.

“Yes.”

“How long did it take him to make it?”

“With the data at hand, I have seen him make it out in an hour and a half.”

“About this punch-clock-—was it accurate?”

“No.”

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

Atlanta Constitution
August 21st, 1913

Following the introduction of the telegram Solicitor Hugh Dorsey began another attack on the character of Leo Frank and after a bitter wrangle secured the right to ask factory girls in regard to Frank’s character in his relations to women.

This was argued with the jury excused from the room and was the subject of a bitter fight, the state saying that when Frank on the stand had claimed himself to have always lived a virtuous life, he had opened up the way for the state to prove he was not of a virtuous character.

Judge Roan had already ruled that the state could not introduce witnesses said by the solicitor to be prepared to swear that Frank had made improper proposals to them and that this was about the same thing. Solicitor Dorsey argued that it was not and finally got the ruling in his favor. The defense entered a formal protest and had it go on record.