Tag Archives: Leo M. Frank

Dorsey Aide Says Frank Is Fast In Net

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

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

The Atlanta Georgian

Saturday, June 14, 1913

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

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

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

Attacked by Rosser.

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

Continued on Page 2, Column 1.

STATE PLANS TO BREAK FRANK DEFENSE

Continued From Page 1.

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

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

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

Solicitor H. M. Dorsey Leaves for New York

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

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

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 →

Conley’s Status in Phagan Case May Be Changed Wednesday

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

The Atlanta Journal

June 11, 1913

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

ROSSER’S CARD CAUSES ACTIVITY BEHIND SCENES

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

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

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

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

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

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

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

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

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

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

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

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

Lanford Silent on Rosser’s Card

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

The Atlanta Constitution

June 11, 1913

Detective Chief Says He Has No Reply to Make to the Charges of Counsel for Leo M. Frank.

Following the public letter written yesterday by Luther Z. Rosser, counsel for Leo Frank, Detective Chief Newport Lanford said that he had no reply to make to the charges and that hereafter he intended to adopt a policy of silence.

The chief smiled frequently while reading the attorney’s statement, but be positively declined to comment on it.

“Henceforth,” he stated briefly, “It will be the attitude of the detective department to avoid publicity. It should have been done heretofore.”

Lanford declared that Rosser’s card is only an attempt to draw the detective chief into a newspaper controversy, which he intended to avert.

“It is all a scheme—nothing else,” he said, “and I do not propose to be made a victim.”

The statement of Frank’s counsel is a scathing arraignment of Chief Lanford and his department for alleged efforts to prove guilty a white man, against whom prejudice had been created, through the “lying” stories of a negro, against whom all “legitimate” suspicion already was directed.

It follows: Continue Reading →

Luther Z. Rosser, Attorney for Frank, Trains His Guns on City Detective Chief

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

The Atlanta Journal

Tuesday, June 10, 1913

SAYS CHIEF LANFORD IS NOT SEEKING FOR TRUTH OF MURDER

He Charges That the Detective Chief Has Banked His Sense and Reputation on Proving Frank Guilty

“WHY HASN’T CONLEY BEEN BEFORE JURY?”

Attorney Declares Evidence All Points to Negro—Says Felder-Lanford Controversy Unfair to His Client

Luther Z. Rosser, chief counsel for Leo M. Frank, the pencil factory superintendent, who is under indictment for the murder of Mary Phagan, Tuesday afternoon broke his persistent silence regarding the case and gave out a statement for publication.

Mr. Rosser gives as a reason for this statement the fact that Thomas B. Felder has publicly charged Detective Chief Lanford with trying to shield Frank and that the detective chief has in turn publicly accused Felder with having been employed in the interest of Frank.

The accuracy of both charges is denied. Mr. Rosser asserts that Chief Lanford has “banked his sense and reputation as both a man and politician on Frank’s guilt,” and that if he had been seeking the murderer of Mary Phagan with an open mind and not seeking to vindicate his announced opinion of Frank’s guilt, the negro Conley would have already told the whole truth.

Mr. Rosser declares that both the actions and statements of the negro Conley bear the marks of guilt. He states that in making his revelations concerning the murder, Conley is handicapped by Lanford’s opinion.

Mr. Rosser inquires why it was the detectives did not present Conley as a witness before the coroner’s jury and why they now prevent him from telling his story to the grand jury, which he says should determine whether the negro should be indicted, and if so on what count.

MR. ROSSER’S STATEMENT.

Following is Mr. Rosser’s statement in full: Continue Reading →

Eyewitness to Phagan Slaying Sought

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

Atlanta Georgian

Tuesday, June 10th, 1913

Story That Companion of Conley Saw Him Strike Down Girl Opens New Clews.

Jim Conley, whose sensational story has made him an accessory after the fact in the murder of Mary Phagan, is sticking closely to the details he unfolded in his remarkable affidavit, according to his attorney, William M. Smith.

Mr. Smith said Tuesday morning that Conley has varied in no essential particular from the original tale of his part in the disposal of the body of the strangled girl, under the direction of Leo Frank. To Mr. Smith and others who have interviewed the negro in the last few days he has begun at the moment when he says he saw the little form lying limp and inert at the rear of the second floor, until he declares he wrote the mysterious notes at Frank’s dictation in the National Pencil factory office.

In all his story there has been practically no conflict or contradiction with the affidavit to which he swore before the detectives after a half day’s grilling. Mr. Smith said he believed his client was telling the whole truth.

Actual Witness Sought.

Despite the unshakable story of Conley, as he told it after making previous statements admittedly lies, a rumor has been in persistent circulation since last week that the detectives were seeking an actual witness to the crime. It is said such a person exists, and that he is a negro who shot craps with Conley in the basement of the factory on the day of the murder. Continue Reading →

Leo Frank Reported Ready for His Trial

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

Atlanta Constitution

Tuesday, June 10, 1913

Many Witnesses Are Being Examined Every Day by Attorneys for the Defense

That counsel for Leo Frank is ready for trial was freely reported over the city Monday.

Attorney Luther Z. Rosser, his lawyer, when asked regarding this report, gave the reply that has been characteristic of his attitude during the Phagan case.

“I have nothing to say.” He would in nowise commit himself.

It is understood, however, that Mr. Rosser has informed friends that the defense is ready and that there will be no delay in putting it before the jury, which is to try the pencil factory superintendent. In fact, it is stated Frank’s counsel is desirous of an early trial.

Many witnesses are being examined daily by Frank’s attorneys. Pencil plant employees and character witnesses by scores will assist his counsel. Secrecy is thrown around the nature of all testimony.

Chief Lanford said Monday that he had finished examining Jim Conley, the negro sweeper, and that unless the prisoner called for detectives to make further voluntary admissions, he would not again be questioned.

Detectives Harry Scott and John Black spent the early part of last night searching for the victim’s mesh bag. After hours of hunting on the premises of the pencil plant, they were unable to discover a clew. The bag is wanted to examine the finger prints on it.

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Atlanta Constitution, June 10th 1913, “Leo Frank Reported Ready for His Trial,” Leo Frank case newspaper article series (Original PDF)

Defense to Make Next Move in Phagan Case

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

Atlanta Journal

Monday, June 9th, 1913

Apparently Prosecuting Officials Consider Their Investigation Complete

Chief of Detectives Lanford has announced that Jim Conley, the negro sweeper, who is the state’s principal witness in the case against Leo M. Frank, indicted for the murder of Mary Phagan, will not be cross-examined again unless he voluntarily sends for the officers to make a statement.

It is known that no developments have changed the theory of the prosecuting authorities, and it is apparent from the remark of Chief Lanford and other statements that the officials consider the investigation of the Phagan murder as complete, and are now waiting for the big legal fight to be staged before Judge L. S. Roan probably on Monday, June 30.

With the state “resting on its oars,” it is naturally expected that the next move, if there is to be one, will come from the defense of Mr. Frank.

To forecast any “move” which may be made by the defense before the case actually comes before the court, is a difficult proposition since Luther Z. Rosser, the leading counsel, continues silent.

It is known that friends of the accused man have been actively at work in his behalf, but what they have developed remains a matter for conjectures.

Frank spent a quiet day in the tower Sunday and was visited by his wife and quite a number of the friends, who are standing by him in his trouble.

R. P. Barrett, one of the foreman at the National Pencil factory, and the man who found the strands of hair on the lathe in the metal room, has issued a statement giving his reason for sharing the opinion of practically all of the pencil factory employees, that the negro Conley is guilty of the crime with which the factory superintendent is charged.

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Atlanta Journal, June 9th 1913, “Defense to Make Next Move in Phagan Case,” Leo Frank case newspaper article series (Original PDF)

Foreman Tells Why He Holds Conley Guilty

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

Atlanta Georgian

Monday, June 9th, 1913

R. P. Barrett, in Letter to Georgian, Gives Reasons for Suspecting Negro of Crime.

R. P. Barrett, foreman of the metal department at the National Pencil Factory, in a letter to The Georgian Monday, gives his reasons for believing that Jim Conley, negro sweeper at the plant, attacked and strangled Mary Phagan.

It was Barrett who found the strands of hair on the lathing machine in his department. This is supposed to be where the girl was thrown against the machine in her struggles.

Later Barrett testified positively that the blood stains in the second floor were not there before the crime. He is certain that the girl was attacked on the second floor and just as certain that Conley, not Frank was the slayer.

The letter reads: Continue Reading →

Rosser Asks Grand Jury Grill for Conley

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

The Atlanta Georgian

June 9, 1913

Luther Z. Rosser, chief of counsel for Leo M. Frank, issued the first public statement Tuesday that he has made since the arrest of the factory superintendent six weeks ago on the suspicion of being the murderer of Mary Phagan.

He took occasion to point out many of the absurdities in the stories of the negro Jim Conley, and paid his respects in a forcible manner both to Chief of Detectives Lanford and Colonel Thomas B. Felder, who have been accusing each other of trying to protect Frank.

Mr. Rosser explained the violation of his invariable custom of maintaining absolute silence in regard to a case in which he was interested by calling attention to the prejudice that had been aroused in the public mind against Frank by the controversy between Lanford and Colonel Felder.

His statement, in full, follows:

Mr. Rosser’s Statement.

Editor, Atlanta Georgian:

Felder and Lanford, in an effort to make progress in their feud, charge each the other with giving aid to Leo Frank, Lanford charges that Felder was employed by Frank and is seeking for that reason to shield him. Felder charges that Lanford and his associates are also seeking, for some reason, to shield and protect Frank.

Both charges are untrue, and, at a time when no harm could come to an innocent man, might well be treated as antidotes to monotony.

Unfortunately, however, the present situation is such that fair-minded citizens may be misled by these counter charges.

Felder does not, nor has he at any time, directly or indirectly, represented Frank. For Lanford to charge the contrary does Frank a serious injustice.

Felder Against Frank.

If Chief Lanford had been in a sane, normal mood, he would have known that every act of Felder has been against Frank. The engagement of the Burns agency ought to have satisfied Lanford. No detective agency of half prudence would have double-crossed the Atlanta department in the Phagan case. Nor did Felder have excuse for suspicion against Lanford. There was reason to suspect his fairness, his accuracy and the soundness of his methods, but not his reckless zeal against Frank.

Had Felder been in a calm mood I am sure he would never have charged the chief and his associates with intention to help Frank.

Lanford at once, as soon as Felder charged him with favoring Frank, settled in his mind the guilt of Frank, and from that monent has bent every energy of his department, not in finding the murderer, but in trying to prove to the public that Felder was wrong in charging him with trying to shield Frank. Continue Reading →

Fair Play Alone Can Find Truth in Phagan Puzzle, Declares Old Reporter

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Atlanta Georgian

Sunday, June 8th, 1913

Average Atlantan Believes Frank is Guilty, but That Little Real Evidence Has Yet Pointed to Him as Slayer.

Stirring Defense by Wife and Attack on Solicitor Dorsey Are Two Striking Features of Week’s Progress in Case.

by AN OLD POLICE REPORTER.

I have thought a good deal during the past week about a fine young newspaper man I used to know some fifteen years ago, and particularly of the last thing he said to me before he died.

He was a Georgian, too. We had been college mates and fraternity mates, and all that sort of thing.

After we graduated, he plunged into newspaper work, and I studied law. I practiced—to a limited extent—that honorable profession for some four years, but abandoned it eventually for newspaper work, and when I plunged in also, I asked him how about it.

This is what he said: “There is only one thing about it. Work fast, get your facts straight, beat ‘em if you can—but don’t go off half-cocked. Don’t get yourself where you have to take back things—but don’t be afraid to take ‘em back, if necessary—and be fair. The Golden Rule is, ‘BE FAIR!’ Unless you are fair, you will not respect yourself, and nobody else will respect you!”

Phagan Case Shows People Are Fair.

I find that most people ARE fair. I believe there is in the hearts of nine people in every ten one meets a desire to see his fellow-man get “a square deal.” And I believe it more nowadays than I ever believed it before, for the progress of the Phagan investigation has reaffirmed my faith in my fellow-man.

The Atlanta Georgian was the first newspaper to give pause to the riot of passion, misunderstanding, misinformation and rank prejudice primarily set in motion by the slaying of little Mary Phagan. Continue Reading →

Defense Bends Efforts to Prove Conley Slayer

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

Atlanta Georgian

Saturday, June 7th, 1913

The defense of Leo Frank against the charge of murdering Mary Phagan will be more than a mere attempt to clear Frank’s skirts. It will seek directly to fix upon James Conley, negro, full and complete responsibility for the crime.

Despite the secretiveness and the silence of Frank’s attorneys, it has been ascertained with a reasonable degree of authority that the foregoing is the program of the defense, and that the defense believes itself abundantly prepared to take care of itself along that line.

An ironclad alibi, covering all the time cited in the Conley statement with a substantial margin of time to spare, will be set up by Frank.

In addition to this, it will be shown that Conley was in the factory at the time he himself says Frank committed the murder, and for a long time before.

The defense will try to show that Conley had ample opportunity to accomplish the murder, and that every circumstance of it shows that he did do so. Continue Reading →