Tag Archives: Leo M. Frank

Blow Aimed at Formby Story

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

The Atlanta Georgian

Thursday, June 19, 1913

DEFENSE HAS WITNESSES TO REFUTE WOMAN

Learns Identity of Other Persons in Home on Night of the Phagan Slaying.

That the defense in the trial of Leo M. Frank will be able, if it wishes, to produce three or four witnesses who will testify that the affidavit of Mrs. Mima [sic] Formby is untrue was discovered Thursday when the identity of the other persons in the house of Mrs. Formby, 400 Piedmont Avenue, the night of April 26, when Mary Phagan was murdered, was learned.

It was from Mrs. Formby that the detectives obtained what they consider one of their most sensational affidavits against Frank. She signed a statement swearing that Frank called her up a half dozen times the night of the murder and tried to persuade her to let him bring a girl to her house. She said she refused.

“It’s a matter of life or death,” she said she told her over the telephone.

Returns to Atlanta.

Mrs. Formby returned to Atlanta Wednesday, after a mysterious absence of several weeks. She said she proposed to stick to her original story when she was called as a witness in the trial of Frank.

In spite of her strong declaration in the truth of her affidavit, no one else who was in the house the night of April 26 has been found who will corroborate her statements. All say that the affidavit is false. Continue Reading →

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 →

Hooper Returns and Takes Up Phagan Case

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

The Atlanta Journal

Thursday, June 19, 1913

Declares Trip to Cincinnati Had Nothing to oD [sic] With Murder Mystery

Frank A. Hooper, the experienced prosecutor, who has been engaged to assist Solicitor Hugh M. Dorsey in the trial of the case against Leo M. Frank, returned Thursday from a three days’ trip to Cincinnati, and set at rest the rumors that he went to the Ohio city on a matter connected with the investigation of the Phagan murder mystery.

Mr. Hooper declared that his private business called him to Cincinnati, and that his trip was in no way connected with the Phagan case.

While away Mr. Hooper states that he did not see Solicitor Dorsey nor did he see Attorney Thomas B. Felder, who went to the same city on a matter, which he said before leaving, was not connected with the Phagan case nor with the famous dictograph episode.

Mr. Hooper declares that so far as he knows there are no new developments in the Phagan mystery.

“The state’s case is regarded as complete,” Mr. Hooper said, “and we are simply waiting for the hour of the trial to come.”

Mr. Hooper would not discuss the testimony of Mrs. Mima [sic] Formby, who returned to the city Tuesday after an absence of several weeks.

Mrs. Formsby [sic] made an affidavit for the detectives in which she alleged that Leo M. Frank phoned her residence at 400 Piedmont avenue, a number of times between the hours of 6:30 p. m. and 10 p. m. on the evening of the tragedy, and each time begged her to let him bring a girl to her house.

WON’T BE CALLED.

It is considered improbable, however, that Mrs. Formsby will be called as a state’s witness when the case against Frank is tried, for it has been known from the first that her story did not fit in with the theory of the state as to Frank’s actions on the night of the tragedy.

The fact that Mrs. Formsby had returned to the city first became known to the detective department, when she phoned headquarters that practically all of the furniture left in her apartment had mysteriously disappeared. Continue Reading →

Will Reuben R. Arnold Aid Frank’s Defense?

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

The Atlanta Journal

Wednesday, June 18, 1913

Mr. Arnold and Luther Z. Rosser Both Decline to Discuss Report Circulated

The rumor that Reuben R. Arnold, famous Georgia lawyer, will be associated with the defense of Leo M. Frank, indicted for the Mary Phagan murder, is persistent.

Luther Z. Rosser, who has been retained in the case since Frank was first arrested, refused to deny or affirm the rumor. It is intimated, however, that negotiations are not complete as yet.

Mr. Arnold himself, when questioned about the rumor, refused to discuss it in any way, and his silence has added weight to the report that he will be in the case.

With Luther Rosser and Reuben Arnold leading the defense of Frank one of the greatest legal battles in a criminal case in the history of the south is promised. Mr. Arnold and Mr. Rosser have been pitted against each other in the famous McNaughton-Flanders case and in other well known trials, and each time they met there was a legal battle royal. With the two famous lawyers together, a hard and brilliant fight is certain to be given Hugh M. Dorsey, and Frank A. Hooper, the experienced prosecutor who has been engaged to assist the state in the case.

Despite the entry of Mr. Arnold there is said to be little chance that Solicitor Dorsey will have assistance other than that of Mr. Hooper.

DATE OF TRIAL.

Mr. Arnold during the past several weeks has been engaged in the trial before an auditor of the famous Crawford will case. He is said to have closely followed the many developments in the Phagan murder investigation, however, and if he enters the trial, it will not mean necessarily that a postmentment [sic] will be asked by the defense, although it will make a postponement of the trial more probable.

The calendar for the criminal division of the superior court for the week commencing June 23 has been made up and published by E. A. Stephens, the assistant solicitor general.

The calendar for the week commencing June 30 will not be made up until the return next Sunday of Solicitor General Dorsey from Atlantic City, according to Mr. Stephens, who states that as yet he is not certain that the[…]

(Continued on Page Six, Col. 5.)

WILL REUBEN R. ARNOLD AID FRANK’S DEFENSE?

(Continued From Page 1.)

[…]superior court will be in session on that date.

It is said that there is sufficient business of a routine nature pending before the court to occupy it not only during the week of June 23, but through the week of June 30 as well. It is known, however, although there has been no definite announcement, that it is the intention of Solicitor General Dorsey to bring the case against Leo M. Frank to trial on June 30, if possible. Attorney Frank A. Hooper, who will assist Mr. Dorsey in the case, has declared that the state is ready to go to trial at once, and he intimates that efforts to push the trial will be made.

WILL DEFENSE BE READY?

As a result of the attitude of the state’s officials, speculation over the case turns to the defense. Will Attorney Luther Z. Rosser announce ready, if the case is called Monday week?

Mr. Rosser will not discuss the matter. It is known that he has been engaged in the courts in trial of various civil cases practically since the time of Frank’s indictment, and for that reason it is said that he probably would want a postponement of the case.

However, it is known also that regardless of the amount of work he has on hand, Mr. Rosser seldom asks for the postponement of a trial. In fact, he is more often found announcing “ready” than are the majority of other attorneys in Atlanta.

POSTPONEMENT TILL FALL.

If an effort is made to postpone the case at all, it is said that it will be to postpone it until early fall.

The courts generally take a vacation during the months of July and August, and the trial of Mrs. Daisy Grace last July demonstrated the general unpleasantness of a big criminal trial during the summer.

Last year during the Grace trial it was so stifling and hot in the poorly ventilated criminal court room on the fourth floor of the Thrower building, that it was generally considered dangerous to the health of those engaged in the case and of the spectators who thronged there, to hold the trial in the room.

As a result it is probable that the scene of activity will probably be transferred to the old city hall, if the Frank case does come to trial in June. All of the civil courts will not be in session in the first week in July, and one of those rooms probably will be utilized.

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The Atlanta Journal, June 18th 1913, “Will Reuben R. Arnold Aid Frank’s Defense?,” Leo Frank case newspaper article series (Original PDF)

Rush Plans for Trial of Leo Frank

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

The Atlanta Georgian

Wednesday, June 18, 1913

Extensive Preparations Made to Accommodate Great Crowd Expected at Hearing.

When twelve books of evidence of more than 100 pages each were turned over to the Solicitor’s office Wednesday morning by his stenographers, Assistant Solicitor General E. A. Stephens announced the State could now go to trial on 48 hours’ notice. No evidence would be introduced, he said, except by witnesses who had already been questioned by the Solicitor.

To bring out the salient points in the evidence of each witness, the Solicitor plans to question them from the books. They will be carried over the same ground they were when they made the statements, and they will be asked no questions further than those they have already answered.

By his plan the Solicitor hopes to have the mind of each witness fresh and after he finishes the examination, according to his well arranged books of questions and answers, he thinks the defense will have difficulty in injuring the evidence on cross-examination.

Rush Plans.

Plans are being rushed to stage the trial. On account of the poor ventilation of the court room and the absence of ante-rooms to accommodate the scores of witnesses who will in all probability be sequestered, the court in the Thrower Building had been adjudged inadequate by Judge L. S. Roan and Solicitor General Hugh M. Dorsey.

Before leaving for New York he instructed his deputy to discuss with Judge Roan some new place to hold the trial where the large crowd could be accommodated and the heat would not be so excessive. The county board will be called upon to furnish a place and Mr. Dorsey will approve the selection when he returns from New York Saturday.

All plans for the trial will be completed before Saturday and the greater number of witnesses summoned. The week before June 30 the Superior Court officers will be busy with a mass of unimportant criminal cases. They will be unable to spare any time to prepare for the Frank trial and the necessary arrangements will have to be made this week.

Judge Thomas May Preside.

Judge W. C. Thomas, of the Superior Court, Valdosta, Lowndes County, was in a lengthy conference Wednesday with Assistant Solicitor E. A. Stephens, giving rise to the rumor that he might be asked to preside at the Frank trial, which will be called June 30.

Judge Thomas has presided at several other trials in Fulton County in which there was considerable local feeling, one of the most notable being the jail bond case. Judge L. S. Roan was to have presided at the Frank trial, but it is supposed that the intense local interest in the murder mystery will make him willing to turn the case over to an outside judge if the Solicitor’s office suggests the move.

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The Atlanta Georgian, June 18th 1913, “Rush Plans for Trial of Leo Frank,” Leo Frank case newspaper article series (Original PDF)

Two New Witnesses Sought by Officers

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

The Atlanta Constitution

Wednesday, June 18, 1913

Former Girl Employee and a Machanic [sic] May Testify Against Frank.

Two new witnesses may be used by the state in the prosecution of Leo Frank when his trial is held on June 30. Chief Lanford is investigating the reported statement of a young girl living near Roswell and of a mechanic who resides near East Point.

The former, a lass of 17, is said to have been employed in the pencil factory two years ago. For the past year or more she has been living with her parents at their home just outside Roswell. The nature of the statements she is alleged to have made is being kept secret by the detectives. It is hinted, however, that in case she is placed on the stand, her testimony will deal with the character of the superintendent.

The testimony of the East Point mechanic is said to relate to the girl’s story, and [in the] event he is used by the prosecution, his testimony will be for the purpose of corroborating that of the girl.

The departure of Attorney Frank A. Hooper, who has been associated with Solicitor General Dorsey in the prosecution of the Phagan case, adds interest to the mystery. Mr. Hooper, it is said at his home, has gone to Indianapolis. His family declare his trip has no connection whatever with the Phagan case.

Solicitor Dorsey announced before leaving that he was going to Atlantic City to spend several days’ vacation. He said that he would have nothing to do with the Phagan case while away. He left at 2:45 Saturday afternoon, accompanied by Mrs. Dorsey.

Much speculation has also been created by a trip on which Colonel T. B. Felder embarked Sunday afternoon, less than twenty-four hours after the solicitor’s departure. Mr. Felder says he goes to Cincinnati on business entirely foreign with the Phagan investigation or the dictograph charges.

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The Atlanta Constitution, June 18th 1913, “Two New Witnesses Sought by Officers,” Leo Frank case newspaper article series (Original PDF)

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)

Hooper Wants a Rest For Public From Case

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

The Atlanta Journal

Monday, June 16, 1913

Attorney Associated With Prosecution, Says State Is Ready for Frank Trial

With Solicitor General Dorsey away on a short vacation, the state’s case against Leo M. Frank, who is charged with the murder of Mary Phagan, is now in charge of Frank A. Hooper, the well known attorney, who is associated with the solicitor.

“The state’s case is complete,” Mr. Hooper said Monday morning, “and we are waiting quietly for the trial on the 30th of the month to come.”

“If the defense will stop writing cards,” continued Mr. Hooper, “and stop having their friends write them, the public can be given a needed rest from the case until the trial.”

Mr. Hooper’s statement that the prosecution is quietly waiting for the trial on June 30 is the most authoritative announcement of the date of the trial yet made.

Solicitor General Dorsey has steadfastly refrained from any definite announcement about the time of the trial, but it has been generally understood for some time that the solicitor set the case on the court’s calendar for June 30, and it will then remain with the defense as to whether there is a postponement.

While Mr. Hooper’s name was not publicly connected with the case until Sunday, it is understood that the solicitor general has been consulting with him for several weeks, and it is said that Mr. Hooper is familiar with every phase of the investigation.

With the state’s case regarded as complete, it is said that the attorneys and detectives identified with the prosecution are now devoting their energies to preparing for any surprises the defense may spring when the case goes before the court.

It was rumored Monday that the grand jury on Tuesday would take up the case of James Conley, the negro who is a self-confessed accessory after the fact in the killing, but this rumor was without foundation. It was occasioned by an error in the issuance of subpenas. The grand jury, according to its foreman, will devote the entire session Tuesday to routine cases, which have piled up during the vice investigation.

The grand jury foreman, L. H. Beck, also denied the rumor that it had taken up any investigations of third degree work by the detectives in the Phagan or in any other case. “No such investigation is even likely,” he said.

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The Atlanta Journal, June 16th 1913, “Hooper Wants a Rest For Public From Case,” Leo Frank case newspaper article series (Original PDF)

Dorsey Aide Says Frank Is Fast In Net

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The Atlanta Georgian

Monday, June 16, 1913

Attorney Hooper Declares State Is Prepared for Any Move the Defense May Make.

Frank A. Hooper, the well-known criminal lawyer who has been engaged to assist Solicitor General Hugh M. Dorsey in the trial of Leo M. Frank for the alleged murder of Mary Phagan, said Monday that the case was complete and was ready for presentation in court at any time.

Mr. Hooper asserted that the attorneys interested in the prosecution had investigated every angle of the mystery so thoroughly and fortified themselves against any defense that Frank will present, that practically nothing remained to be done until the case was called for trial. The departure of Solicitor Dorsey for a week’s vacation, he said, was an indication of the preparedness of the prosecution.

No new developments are expected by the prosecution, according to Mr. Hooper. All of the stories and rumors have been run down to their original source. The defense, in his opinion, will be able to spring no surprise that has not been anticipated by the prosecution.

Mrs. Frank Gives Interview.

The American printed Sunday an exclusive interview with Mrs. Frank, whose husband, Leo M. Frank, is under indictment chraged with the murder of 14-year-old Mary Phagan. It was the first time that Mrs. Frank had permitted himself to be interviewed since the Coroner’s jury a month ago recommended that the Grand Jury hold her husband for trial.

She broke her silence to tell the thousands who have been gripped by the remarkable murder mystery just why she is absolutely confident and positive that Frank could not have been the author of the terrible deed. She made no plea for sympathy, but expressed herself as fully reconciled to the processes of the law, even though they temporarily caused her the greatest sorrow and kept her husband behind the cars as a man suspected of one of the most brutal crimes thinkable. The loyal wife said that she was able to bear the present belief because of the assurance of Frank’s ultimate and complete vindication.

Why She Believes Husband.

On the fact that she believes from her life with the suspected slayer that any gross or immoral act is utterly apart from his nature, she bases much of her belief in his entire innocence. Continue Reading →

Frank A. Hooper to Aid State in Frank Trial

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

The Atlanta Journal

Sunday, June 15, 1913

Former Solicitor at Americus Engaged to Assist Solicitor Hugh M. Dorsey

That the trial of Leo M. Frank will be a legal battle as brilliant as any ever fought in Atlanta is assured by Solicitor Dorsey’s announcement that Frank A. Hooper, Atlanta lawyer and former solicitor general of the southwestern superior court circuit, has been retained to assist the prosecution.

With the case of the state in the hands of Solicitor Dorsey and Mr. Hooper and the defense resting with Luther Z. Rosser and Herbert Haas the contest is certain to be replete with the unexpected.

Frank A. Hooper, who is Solicitor Dorsey’s choice to help the fight of the state, is distinguished as a state’s solicitor of twelve years experience. No lawyer at the Atlanta bar has seen a similar service as a prosecuting attorney. For this period he acted as solicitor to the southwestern superior court circuit at Americus. Following his term as prosecutor he practiced law in Americus being recently identified with such criminal trials as the Childers trial in Americus and the Cain trial in Cordele. In each of these cases in which the accused was acquitted Hooper appeared for the defense.

He came to Atlanta four years ago as an associate of the late Governor J. M. Terrell.

Pitted against Solicitor Dorsey and Mr. Hooper will be Luther Z. Rosser sometimes known among his confreres as “the best all-around lawyer in Atlanta;” Herbert Haas, a young but experienced attorney, and possibly others.

The report has been persistent in Atlanta for a week that another prominent Atlanta attorney known as a brilliant criminal lawyer is to be associated with the defense. While this report has not been verified there are those who are confident that the defense will be augmented by his weight before Frank faces a jury in the stuffy little Thrower building court room.

In making his announcement that Mr. Hooper was to assist in the Frank prosecution Solicitor Dorsey said that while Mr. Hooper had been his choice, Mr. and Mrs. J. W. Coleman, parents of the slain girl, had been consulted, and they directed him to employ such counsel as he deemed fit. The solicitor asserted that the Colemans had approved the employment of Mr. Hooper.

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The Atlanta Journal, June 15th 1913, “Frank A. Hooper to Aid State in Frank Trial,” Leo Frank case newspaper article series (Original PDF)

State Takes Advantage of Points Known

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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 →

Solicitor H. M. Dorsey Leaves for New York

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The Atlanta Journal

Saturday, June 14, 1913

Declares Visit Has Nothing to Do With Phagan Case, Which Is Complete

Hugh M. Dorsey, solcilictor [sic] general of the Atlanta circuit, left Atlanta for New York and Atlantic City on Saturday afternoon at 2:45 o’clock.

Mr. Dorsey states that he will be away from the city for a week, and is going simply to get a needed rest, and vacation from the duties of his office. He denies that his visit to New York has anything to do with the case against Leo M. Frank, who is charged with the murder of Mary Phagan. It was rumored that Mr. Dorsey would make a personal investigation of the past life of the accused man, but the solicitor states that this rumor is without any foundation.

The duties of the solicitor’s office are naturally arduous, and Mr. Dorsey almost since the murder of Mary Phagan, has had charge of the active investigation of the case as well as his routine work, and as a result is greatly in need of a rest.

Mr. Dorsey’s absence from the city for a week is not expected to delay the trial of Frank.

While he has made no announcement, it has been generally conceded that the official will set the Frank trial for June 30, and it will then depend on the defense as to whether or not a postponement of the case is asked.

For the reason that the court generally do not sit during the months of July and August, it is said to be extremely probable that Frank will actually come to trial on June 30, as a postponement then will probably mean that the case will not be reached until September.

The fact that the solicitor is willing to leave the city at this time is taken by those familiar with the Phagan case as an indication that at last the investigation is complete, and that all sides are simply waiting for the hour of trial to come.

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The Atlanta Journal, June 14th 1913, “Solicitor Hugh M. Dorsey Leaves for New York,” Leo Frank case newspaper article series (Original PDF)

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

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 →

Luther Z. Rosser Declares Detectives Dare Not Permit Jim Conley to Talk Freely

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Luther Z. Rosser, leading attorney in the defense of the indicted pencil factory superintendent. He was snapshotted Friday morning while on his way to the court house to protest to Judge Roan against James Conley, the negro sweeper, remaining in the custody of the city detectives.

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

The Atlanta Journal

Friday, June 13, 1913

“Conley and His Counsel Are Wise—Their Hope Is That the Detectives Will Save Negro From a Confession, Giving Him Immunity, Provided He Continues to Put Guilt on Frank”

Several sensational points are contained in the written answer which Rosser & Brandon, attorneys for Leo M. Frank, made Friday morning to the rule nisi issued by Judge L. S. Roan calling upon Leo M. Frank, Newt Lee, or any other person suspected of the murder of Mary Phagan, or any citizen of the state of Georgia, to show cause why James Conley, the negro sweeper, should not be released as a material witness.

This answer was filed by Attorney Rosser, wkho [sic] referred to it as a “protest” and who asked that it be made a part of the court record. In it the attorneys for Frank declare that “to enact the farce in the court’s presence of releasing the negro and immediately return him to his wet nurses at the police station would resemble child’s play.”

The intimation is very clearly made that the solicitor general and the detectives wish to keep Conley in their custody at police headquarters in order that they may bolster up his sworn confessions and that they dare not let the negro talk freely for fear that he may destroy the value of “one of a number of contradictory statements made by him.”

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

“Upon the constancy and stability of this witness they have staked their […]

(ontinued [sic] on Page 7, Col. 1.)

ROSSER DECLARES DETECTIVES DARE NOT LET CONLEY TALK

(Continued from Page 1.)

[…] all. They would be less than human if they did not bend all their power and ingenuity in holding him to his present statement, adding to and taking therefrom only such things as will aid its credibility.” Continue Reading →

Negro Conley May Face Frank Today

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

The Atlanta Constitution

June 13, 1913

Hearing Before Judge Roan Today Will Decide Whether Negro Will Be Sent to Tower.

Whether James Conley, the negro sweeper, who swears that Leo Frank got his aid in disposing of Mary Phagan’s body and made him write the notes found near her, will be held as a material witness in the county jail or turned free and re-arrested by detectives as a suspect and then kept at police station, is due to be decided at 10 o’clock on the hearing of the rule nisi before Judge L. S. Roan.

The question of Conley’s liberty is not at stake, as the solicitor as well as Attorney L. Z. Rosser, for Frank, and the negro’s own lawyer, W. M. Smith, have announced that they desire him held.

Judge Roan has reached the decision that the negro should be kept at the Tower, where it is claimed that he does not wish to stay, as he asserts that he was intimidated while spending one night there after swearing to writing the notes.

Frank’s attorneys desire that the negro be placed in the Tower where Frank, under indictment for the murder, and Newt Lee, held as a material witness, are now kept.

Frank May Face Negro.

It is possible the meeting between Frank and the negro sweeper, which detectives have urged for several weeks, will finally take place today when the rule nisi is heard, as Frank is one of those named to show cause why the negro should not be released and Solicitor Hugh Dorsey may demand that he appear in person.

Should the negro be quizzed in the presence of the man whom he accuses, his every action and look as he sees Frank’s eyes upon him will be followed closely by detectives and by the solicitor himself, and a crisis in the case may develop from the meeting.

While it is certain that Attorney Rosser will go as far as possible in his attempt to have the negro held in the custody of the state, which means his incarceration in the Tower and out of reach of the detectives, it is not believed that he will speak freely or show many of his reasons for his claim that Conley is the murderer.

It is known that the greatest wish of the attorney for Frank is to get Conley out of the hands of the detectives and on account of this it is possible that he will show his hand to a certain extent at today’s hearing.

* * *

The Atlanta Constitution, June 13th 1913, “Negro Conley May Face Frank Today,” Leo Frank case newspaper article series (Original PDF)

Face Conley and Frank, Lanford Urges

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

The Atlanta Georgian

Thursday, June 12, 1913

Detective Chief Ready to Have Accuser Confront Prisoner Before Grand Jury.

New sensations are expected in the Phagan mystery Friday morning when the petition of Solicitor Dorsey for the revocation of the order holding James Conley as a material witness is heard before Judge L. S. Roan.

Luther Z. Rosser, attorney for Leo Frank, will be afforded his first opportunity formally to present his reasons for the holding of James Conley, not only as a material witness in the baffling murder mystery, but as an actual suspect.

While it is not anticipated that the attorney will disclose his hand too freely, it is to be supposed that he will present every argument he believes necessary to keep the negro in the custody of the State.

Lanford Agrees to Test.

Chief of Detectives Lanford Thursday replied to the demand of Luther Z. Rosser that Jim Conley be taken before the Grand Jury by making the startling proposition that he would take the negro to be questioned by this body the instant that Rosser assented to having Frank before the Grand Jury at the same time.

That this dramatic situation is not beyond the pale of possibilities within the next few days is indicated by the attitude of Frank’s friends, who have been suggesting just such an arrangement.

Chief Lanford Is Willing.

“I am perfectly willing that Conley should be taken before the Grand Jury,” said Chief Lanford. “I think it is only fair, however, that Rosser permit his client to go there at the same time, where he may be confronted by the negro and where the negro may tell his story right before Frank.

“Just the instant that Rosser consents to an arrangement of this sort, I will be prepared to have Conley on his way to the Grand Jury room. There will be no delay. It is irregular, of course, but I am perfectly willing to waive that phase of the matter. The fact that Frank already is indicted makes it unnecessary for Conley to be called before the Grand Jury to give testimony against him.”

Chief Lanford, referring to the effort to remove Conley from the station house to the jail, said that he would hold the negro at police headquarters until there was a court order to the contrary. He said that if Solicitor Dorsey’s petition was successful and Conley was freed from the present court order, that he would still be held at the station as a material witness. Continue Reading →

Court’s Order May Result in Meeting of Negro and Frank

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

Atlanta Journal

Thursday, June 12th, 1913

Jim Conley, Negro Sweeper, Accusing Witness in Phagan Case, Sure to Appear Before Judge Roan Friday A. M.

STATE MAY DEMAND THAT FRANK APPEAR THERE TOO

Through Judge’s Order, Defense Gets Chance to Quiz Negro—State Then May Force Long-Sought Meeting

The probability that Leo M. Frank, accused of the murder of Mary Phagan, and Jim Conley, negro witness against him, may face each other Friday, developed Thursday morning from the acute situation which arose Wednesday when Judge L. S. Roan issued a rule niel calling on any one to show cause why the negro Conley should not be released from the custody of the state. Solicitor Dorsey seeks the negro’s release so as to avert the judge’s expressed intention of remanding Conley to the county jail, but the solicitor does not seek the negro’s liberty, nor does Conley want to get out of the hands of the police, nor does Conley’s attorney, W. M. Smith want him liberated.

The rather puzzling matter assumed this shape Thursday morning.

NEGRO SURE TO BE THERE.

Conley, the negro, who says he does not want to go free, but who declares he is afraid to go back to the tower, is certain to be called into the hearing before Judge Roan at 10 o’clock Friday on the rule nisi.

The solicitor wants him there, it is expected, to prove alleged intimidation and threats against Conley on a former occasion when for one night immediately following his confession the negro was confined in the Fulton county tower.

And the attorneys defending Frank want him there, it is expected with equal confidence, to learn from him all that he knows or claims to know about the case, which is precisely the thing that the solicitor’s fight is aimed entirely to avoid. The Frank defense has published statements alleging that the negro himself is the principal in the murder and that he alone is guilty.

Therefore, with Conley in chambers before the judge, Solicitor Dorsey can, it is said, have Leo M. Frank brought there, because Frank is the first among those addressed by Judge Roan in the rule nisi and the solicitor can find legal precedent for demanding that Frank speak his own accusations against the negro on that occasion.

Which would bring about the situation that the state and its officers constantly have been seeking to create when Conley first admitted that he wrote the notes found beside Mary Phagan’s dead body, i. e., a face to face meeting between the negro and the man whom he accuses of the murder. Continue Reading →