Study of Frank Convicts, Then It Turns and Acquits

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

Atlanta Georgian
August 10th, 1913

Readers of Human Nature See Anything They Want, but Personal Equation Is Forgotten.

By O. B. KEELER.

Leo Frank sits in the prisoner’s dock and all men may read his face.

A great many of them do.

Here are two of the things they read:

(1) No innocent man could remain calm under such fearful charges.

(2) No guilty man could remain calm under, etc.

Leo Frank admittedly was nervous and agitated that morning the murder of Mary Phagan was discovered.

There are two inferences drawn from that fact:

(1) A guilty man naturally would be nervous.

(2) An innocent man naturally, etc.

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Frank or Conley? Still Question

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

Atlanta Georgian
August 10th, 1913

Issue Firmly Drawn Between Two Men

Defense Starting to Mould Its Case

Theory That Negro Attacked Mary Phagan With Motive of Robbing Her Will Be Shown; Two Charges Against Accused Must Be Refuted

By AN OLD POLICE REPORTER.

The second week of the trial of Leo Frank, charged with the murder of Mary Phagan in the National Pencil Factory on the afternoon of April 26, came to a close Saturday noon.

The State’s case has been entirely made up in its primary aspects, and the defense has gone into its story of the great crime sufficiently to make clear both its theory and probable line of pleading.

The public, as the case has progressed, has been swayed this way and that, and to-day the remarkable mystery of Mary Phagan’s untimely and tragic end remains, in hundreds of minds, quite as much of a mystery as ever.

The Battle Is a See-Saw.

The State has had its good days and its bad days, and the defense has met the same fate. At times things have seemed dismally dark and gloomy for Frank, while at other times the clouds apparently have lifted from about him decidedly.

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Hinchey Tells of Seeing Frank on Car on Day of the Murder

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

Atlanta Constitution
August 9th, 1913

H. J. Hinchey, of 391 Peachtree street, a business acquaintance of Leo Frank, and manager of the South Atlantic Blow Pipe company, was put upon the stand by the defense. He stated having seen Frank on the murder date as the superintendent rode into town on a Washington street trolley car, meeting him at Washington and Hunter streets.

He was questioned by Mr. Arnold.

“Do you recollect April 26, Memorial day?”

“Yes.”
“Did you see Leo Frank that day?”
“Yes.”

“Where?”
“Near the capitol.”

“Was he on foot or riding?”
“He was aboard a trolley car.”

“Were you on foot?”
“No, I was driving an automobile.”

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Dorsey Tries to Prove Frank Had Chance to Kill Girl

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

Atlanta Georgian
August 4th, 1913

NEGRO SPRINGS NEW SENSATION, ADDING TO STORY.

James Conley, the negro sweeper in the National Pencil Factory, was called to the stand in the trial of Leo M. Frank, whom he accuses of the murder of Mary Phagan, at 10:15 Monday; under the skillful questioning of Solicitor Dorsey began the recitation of his sensational story.

The negro was taken to the court in Chief Beavers’ automobile and was accompanied by his lawyer, W.M. Smith. It was learned for the first time Monday that Conley would swear that he saw Mary Phagan enter the factory just before Monteen Stover, and that she was there the entire time the Stover girl was there. He will also swear that Frank admitted to him hitting Mary Phagan in the eye with his fist, and that after he helped him carry the body to the basement he promised Frank to come back at night and dispose of the body, but lost his nerve.

James Conley, the negro sweeper about whose sensational statement accusing Leo Frank of the murder of Mary Phagan, the greatest fight of the trial will be waged, was summoned to court this morning. All the indications were that he would go on the stand this morning. The police were notified to bring him to the courthouse shortly after the trial was resumed.

Determined to make his chain of circumstantial evidence strong enough to resist the attacks of the defense, Solicitor General Hugh M. Dorsey Monday proceeded to call witnesses who will give additional testimony to show that Leo M. Frank had the opportunity to kill Mary Phagan at the time the State declares the crime was committed.

Street car men were summoned to show that the little girl had time to arrive at the factory at a time coinciding with the theory supported by the sensational evidence of Dr. Roy Harris that she was slain within forty-five minutes after having eaten her lunch of cabbage and bread.

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Jurors Strain Forward to Catch Conley Story; Frank’s Interest Mild

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

Atlanta Georgian
August 4th, 1913

Dramatic in its very glibness and unconcern, Conley’s story, if it failed to shake or disturb Leo Frank, at least had a wonderful impression upon each member of the jury.

Conley told of seeing Mary Phagan enter the factory. This was the first time he had admitted to this, so far as the public had known.

Frank showed only a mild interest, but the jurors strained forward in their seats.

Conley told of hearing the footsteps from his vantage point on the first floor of two persons coming out of Frank’s office.

Frank still exhibited no sign of concern.

Conley then related hearing the footsteps going back to the metal room and of being startled by the shrieks of a young girl.

Mrs. Frank bowed her head, but gave no other sign. Frank still was the personification of coolness and composure.

* * *

The Atlanta Georgian, August 4th 1913, “Jurors Strain Forward to Catch Conley Story; Frank’s Interest Mild,” Leo Frank case newspaper article series (Original PDF)

Leo Frank’s Eyes Show Intense Interest in Every Phase of Case

Courtroom Studies of Leo Frank: Three typical poses of the defendant in the famous Phagan case are show, while in the upper left of the picture is a study of Luther Rosser, his leading counsel. Here is what a study of Frank’s face reveals: His face is immovable, except, perhaps, for the eyes. But fixity of countenance does not always go with unconcern. In this case it is a part of the man’s nature. Immobility is the essential part of his physiognomy. It is the immobility of the business man given to calculation, of the gambler, of the person given to repression.

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

Atlanta Georgian
August 3rd, 1913

Face Is Immobile, but Gaze Tells Story of Deep Feeling of Man on Trial—A Study of Prisoner at Close Range.

By TABLETON COLLIER.

Everybody says in his heart that he knows human nature, that he can read guilt or innocence, sensuality or asceticism, calm or perturbation in the face of another. Everybody armed to his own satisfaction with this power of divination, has gone to the trial of Leo Frank to watch the man who is charged with the murder of a little girl, the most brutal and conscienceless of murders.

The young man who is thus the center of all eyes sits apparently unconscious of the multiple gaze that continue all day long. Those who go to watch him declare a variety of opinions—that he is calloused or that he is conscience-clear, that he scorns the outcome of the trial whatever it may be, or that he is serene in his innocence.

The watchers generally admit, however, that he is unconcerned.

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Conley to Bring Frank Case Crisis

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

Atlanta Georgian
August 3rd, 1913

Negro’s Testimony Now Supremely Important

Both Sides Stake Their All on His Evidence

STATE FORGES CHAIN TO TAX ALL THE INGENUITY OF DEFENSES LEGAL ARRAY

First Week of Battle Has Fixed the Time Almost Exactly According to Theory of the Solicitor—Doctors’ Testimony His Important Bearing.

BY AN OLD POLICE REPORTER.

There are two tenable theories of the manner in which little Mary Phagan met her tragic death in the National Pencil Factory on Saturday, April 26.

Either she was murdered by Leo Frank, as charged in the indictment, or she was murdered by James Conley, the negro sweeper, employed in the factory.

If there is another theory, it has not been advanced.

The theory that Frank killed the girl is the one set up by the State; the theory that Conley killed her is the one to be set up by the defense.

Which, if either, is the true theory?

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Mary Phagan Murdered Within Hour After Dinner

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

Atlanta Constitution
August 2nd, 1913

DR. H. F. HARRIS GIVES STARTLING EVIDENCE ABOUT TIME OF MURDER

Wound on Eye of Girl Victim of Pencil Factory Crime Looked as if It Came From Blow of Fist, Secretary of State Board of Health Tells the Jurymen.

WHILE ON THE STAND DR. HARRIS COLLAPSES FROM RECENT ILLNESS

Frequent Clashes Take Place During Testimony of N. V. Darley, Assistant Superintendent of National Pencil Factory, Over the Alleged Nervousness of Frank.

Within three-quarters of an hour after she had eaten her frugal breakfast of cabbage and bread, Mary Phagan was dead.

This startling fact was brought out at Friday’s session of the Leo M. Frank trial, when Dr. Roy Harris, secretary of the state board of health, took the stand to tell of the post-mortem examination he performed on the body of the child.

The time of the murder has always been a mooted question. When Dr. Harris made his declaration and exhibited a small bottle containing particles of cabbage, which had been taken from the stomach and which had not had time to digest, a thrill went through the court room.

Crowd on the Qui Vive.

As soon as Dr. Harris entered the court room during the afternoon session, the crowd seemed to sense the dramatic situation which was to follow.

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Uncle of Frank, Near Death in Far-Off Hospital, Is Ignorant Of Charges, Against His Nephew

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

Atlanta Journal
July 30th, 1913

Moses Frank Has Been Given No Inkling of Circumstances That Now Are About Frank Family—He Is Seriously Ill in German Hospital

Lying at the point of death in a hospital in far-off Germany is the uncle of Leo M. Frank, unknowing that for the last three months his favorite nephew has been imprisoned on the charge of murder and that today he is on trial for his life.

This is what an attorney for the defense says. He declares that uncle how regarded Leo Frank almost as his own son, has been too ill for many months to be given an inkling of the new circumstances about the Frank family and that he still believes his nephew is as he left him.

For a long time Moses Frank has been in bad health. In search of relief he went abroad, hoping that the treatment of European specialists would cure him. But Moses Frank grew worse instead of better, and on the day Mary Phagan was murdered he still was in Europe, while grave fears were entertained for his recovery.

They have been afraid to tell him about his nephew, apprehensive that the shock would cause the spark of life, already so feebly burning, to flicker out.

Trial is No Ordeal for Me, Says Frank’s Mother

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

Atlanta Journal
July 30th, 1913

She Declares Her Confidence in Son’s Innocence Makes It Easy for Her

“My son never looked stronger than at this moment,” said Mrs. Ray Frank, of Brooklyn, Wednesday morning. “The trial isn’t telling upon him because he isn’t worrying. He is confident because of his innocence and because of his certainty of an acquittal.

“Neither his wife nor myself is anxious. Of course, we feel the heat and it is tiring to sit here in the court room throughout the day. But, like my son, we are not afraid. Why should we be? We know that he is innocent and we know that, because of this fact, he will be acquitted.

“I, his mother, know that he is free from all guilt of the charge upon which he is being tried, and that this trial can have only one result—his acquittal.

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Defense Plans Sensation, Line of Queries Indicates

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

Atlanta Georgian
July 30th, 1913

That a sensation is be sprung by the defense by the production of the mysteriously missing ribbon and flowers from the hat of the murdered girl was repeatedly indicated by Attorney Rosser’s line of questioning Tuesday and the afternoon before.

Beginning with Mrs. J. W. Coleman, mother of Mary Phagan, the attorney for Frank interrogated every witness who saw the girl alive or dead that day in regard to the ribbon and flowers.

Mrs. Coleman said that the ribbon and flowers were on the hat when Mary left home. Newt Lee said that he had seen no sign of the missing trimmings. The testimony of Sergeant L. S. Dobbs was the same. Detective Starnes, when he was turned over the cross-examination, made the same admission.

It is believed that Rosser will produce the ribbon and will attempt to establish that it was found in a place throwing suspicion upon the negro Conley.

Frank was brought to the courthouse at about 8 o’clock Wednesday morning. There was no change in his demeanor or physical appearance. If the trial has been any strain upon him he does not display the effects. He was dressed in the dark mohair suit he wore Tuesday. He greeted his friends cheerily and spoke confidently of acquittal.

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Frank’s Mother Pitiful Figure of the Trial

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

Atlanta Georgian
July 30th, 1913

Defendant Perfect in Poise, His Wife Picture of Contemptuous Confidence.

By L. F. WOODRUFF.

Arm akimbo; glasses firmly set, changing position seldom, Leo M. Frank sits through his trial with his thoughts in Kamchatka, Terra del Fuego, or the Antipodes, so far as the spectators in the courtroom can judge.

He may realize that if the twelve men he faces decide that he is guilty of the murder of Mary Phagan, the decree of earthly court will be that his sole hope of the future will be an appeal to the Court on High. His mind may constantly carry the impression of the likelihood of the solemn reading of the death warrant, the awful march to the death chamber, the sight of the all terrifying gibbet, the dreadful ascension of its steel stairs, the few words of religious consolation—and then the drop.

Frank’s Face a Mask.

But if he does realize these things, his face is as completely masked against emotion as that of a skilled poker player.

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Rabbi Marx Asserts His Belief in Frank

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

Atlanta Journal
July 29th, 1913

Can’t Build Case on Pack of Lies Any More Than House on Cards, Rabbi Says

In the room directly above the one where Leo M. Frank was on trial for the murder of Mary Phagan Monday afternoon were gathered a score of friends of the accused who eagerly discussed his chances for and against acquittal.

Prominent among them was Dr. David I. Marx, rabbi of the Jewish synagogue to which Frank belonged. With other friends of the prisoner he declared emphatically his belief in Frank’s innocence.

“There is no man in Atlanta,” said Dr. Marx, “more eager to see justice done or to find the guilty man in this case than am I, and the very fact of this and of my presence here shows my deep belief in the innocence of Mr. Frank. The truth is obliged to come out at last. You no more can build a case on a pack of lies than you can build a house on a pack of cards without a downfall.”

Frank’s Undistur[b]ed Face Wonder of the Court Room

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

Atlanta Journal
July 29th, 1913

His Brow Does Not Wrinkle, His Eyes Do Not Quail or Even Flicker—He Is Cool and Quiet

Leo M. Frank’s expression of quiet confidence has surprised every visitor to the court room where he is being tried for murder.

He sites for the most part with his hands crossed, and listens coolly to the testimony or to the argument of attorneys.

Not since the trial began has he seemed the least perturbed. His manner has been quiet and contained, like that of one who is sure of himself and sure of his cause.

Yet he has not seemed indifferent. He has been attentive at all times, but his attention has been marked by as little excitement or distress as that of any spectator.

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Mrs. Leo Frank and Her Mother Cheer Prisoner at Courthouse

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

Atlanta Journal
July 28th, 1913

Accused Neither Care-Worn Nor Haggard—His Eyes Meet Those of Crowd Without Faltering

There was one question on the face of every member of the big crowd in and around the courthouse Monday morning. To those standing without in the street, to those crowding the corridors and hallways, to witnesses flowing through rooms on the second floor, to the packed courtroom, the query was, where is the prisoner.

The man to whom the trial meant more than it meant to any other human being, had been brought to the courthouse early in the morning.

He was in a bare walled little room a few feet from the doorway leading to the court. With him sat two deputy sheriffs, his father-in-law, Emile Selig, and a friend.

From time to time during the morning the curious slipped to the door and gazed in at the accused. They saw a little man whose dark eyes gazed at them unwinking through big glasses. He was pale, but neither care-worn nor haggard. He wore a light gray suit striped with darker gray, black shoes, and a black and white four-in-hand tie.

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Frank, Feeling Tiptop, Smiling and Confident, is Up Long Before Trial

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

Atlanta Georgian
July 28th, 1913

Frank was escorted from the Tower to the courthouse shortly after 6 o’clock in the morning, nearly three hours before the trial was schedule to begin. This was done to avoid the curious crowd which it was expected would be about the courthouse and thronging the corridors at 9 o’clock.

Frank was up and dressed and freshly shaven when Deputy Sheriff Plennie Miner appeared before his cell at the early hour.

“How are you feeling this morning Mr. Frank?” the deputy inquired.

“Tip top, only, I’m mighty hungry,” replied Frank.

Exhibiting the same poised confidence that has characterized him through three months since he was locked in a cell in the county jail, the young factory superintendent chatted freely with Miner on the way to the courthouse.

Sure He Will Be Freed.

He was attired in a natty light gray mohair suit and wore a fancy gray tie. His face was fuller and he appeared slightly heavier than when he was arrested shortly after the murder of the Phagan girl. He seemed cheerful and in the best of health.

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Jury Complete to Try Frank

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

Atlanta Georgian
July 28th, 1913

Wife Helps Prisoner Pick Men to Try Him

All in Readiness for Real Trial to Begin After Short Recess

Events on the opening day of the trial of Leo M. Frank, accused of the slaying of Mary Phagan in the National Pencil Factory, moved with such unexpected swiftness that it was apparent that the trial proper would be under way and the first witnesses called before the close of the first day’s session. The jury had been completed by the time recess was taken at 1:30.

After a few preliminary clashes between the opposing attorneys which presaged a bitter struggle when the fight for Frank’s life actually was begun, the court settled down to the selection of the jury. The whole morning session up to the recess was occupied with the examination of veniremen.

All the force of attorneys at the table for the defense watched with keen eyes every man examined and frequently referred to a voluminous r[e]cord containing the names of all the veniremen and detailed statements of their history and associations so far as these might have a bearing on their desirability as jurors to pass on Leo Frank’s guilt or innocence.

The keenest interest was manifested by those in the crowded little courtroom as the strategies of the brilliant lawyers were revealed during the examination.

State Had Veniremen’s Records.

The thoroughness with which the Solicitor and his assistants had canvassed the history of every venireman and had investigated whether or not he had ever expressed an opinion on the guilt or innocence of the accused was demonstrated when W. W. Hemmett, a salesman for the Kingsbury Shoe Company, was being examined as to his qualifications.

“Have you ever said you thought Frank was guilty?” Mr. Dorsey inquired.

“No, I never have,” replied Hemmett.

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Frank’s Story of His Moves on Day of Crime

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

Atlanta Journal
July 27th, 1913

Accused Superintendent’s Story Is Unbroken by Any Save a Negro

Leo M. Frank’s sworn statement of his whereabouts each hour on the day of April 26, when Mary Phagan met her death, is of unusual interest in the case, especially since no witness except Conley had been found, at least as far as the public knows, who can break his story.

Frank’s statement of his whereabouts as given at the coroner’s inquest, when he was under oath, follows:

SATURDAY APRIL 26.

7 o’clock a. m.—Arose and dressed at home.

8—Left home for the factory office.

8:20—Arrived at the factory office.

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Here is Conley’s Confession Around Which Bitter Fight is Expected in the Frank Trial

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

Atlanta Journal
July 27th, 1913

There is little doubt that the storm-center, so to speak, of the Frank trial will be the testimony of the negro sweeper, James Conley. He will be the principal witness for the state and all of the other evidence of the prosecution will be shaped with a view to corroborating and strengthening his story which places the murder of Mary Phagan upon the factory superintendent.

And the defense will chiefly concern itself with the task of discrediting the negro’s testimony. It will bend its energies to prove that Conley has lyingly accused Frank and will offer evidence designed to fasten the crime upon the negro.

These facts being true the public will be interested in reviewing the sworn confession made by Conley to the city detectives. It follows:

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State Will Build Case Against Frank Around Conley’s Story; Defense Will Undertake to Show that Negro Alone is Guilty

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

Atlanta Journal
July 27th, 1913

Defense Will Ridicule Conley’s Story and Endeavor to Show That It Was Made to Save His Own Neck

MANY WITNESSES CALLED TO CORROBORATE FRANK

Though Attorneys Are Silent, The Journal Presents Below Outline of What the Defense Is Expected to Be

Complete innocence on the part of Leo M. Frank, the young superintendent of the National Pencil factory, and absolute guilt on the part of James Conley, the negro sweeper at the factory, are the two cardinal points upon which Frank’s defense will be based when he is called to trial for the murder of Mary Phagan, the little girl, whose body was found in the pencil factory basement on Sunday morning, April 27.

Frank’s attorneys, Luther Z. Rosser and Reuben R. Arnold, two of the south’s ablest lawyers, have carefully concealed the plans of the defense, but enough has come to light to conclusively indicate that they not only expect to convince the jury that Frank is innocent and that it would have been a physical impossibility for him to have committed the murder without detection, but that Conley, the negro, did have such an opportunity and that robbery was his motive for killing the girl.

The defense evidently holds to the idea that to satisfactorily establish Frank’s innocence and bring about his exoneration it is necessary to clear up the murder mystery. This it will attempt to do by convincing evidence as to the guilt of the negro.

Ever since Conley made his last famous affidavit of confession in which he swore that at Frank’s instance he helped to carry the dead girl into the basement and wrote the notes found by her body Frank’s attorneys have worked on the theory that singlehanded Conley murdered Mary Phagan and that he sought to implicate their client as the principal in order to save his own neck.

The alleged inconsistencies in Conley’s confession will be stressed and its alleged improbabilities will be dissected before the jury. A piece of Mary Phagan’s pay envelope and a bloody club, said to have been found in the dark recess near the factory stairs, where Conley admits he was in hiding on the morning of the murder, will be produced as corroborative evidence, as will an affidavit from W. H. Mincey, an insurance agent, who swears that on the afternoon of the murder Conley, stupefied with drink, told him that he had killed a girl.

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