Lee’s Lawyer Expects Delay in Frank Case

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

The Atlanta Journal

Friday, July 4, 1913

State Certain to Fight Chappell’s Effort to Secure Release of Watchman

Bernard L. Chappell, attorney for Newt Lee, the negro night watchman, who found the body of Mary Phagan in the National Pencil factory basement, declares that Saturday he will bring habeas corpus proceedings to secure the release of his client.

According to the attorney, the negro is being held on the recommendation of the coroner’s jury, which concluded its inquest before James Conley figured in the case. The grand jury has failed to act on Lee’s case, and Attorney Chappell says that he is going to make efforts to secure the negro’s release.

When the habeas corpus proceedings are commenced the state is certain to make a fight to prevent the negro’s release from the Tower on the ground that he is a material witness.

Attorney Chappell states that he has decided to bring the habeas corpus proceedings because he does not believe that the case of Leo M. Frank will actually come to trial on July 28, when it has been set by Judge L. S. Roan, of the superior court.

There are many ways in which such a case may be postponed indefinitely, Lee’s attorney says, and he is not going to allow his client to stay in jail for an indefinite period if he can help it.

As a result, he says he is fully determined to take the legal steps Saturday to secure the negro’s release.

* * *

The Atlanta Journal, July 4th 1913, “Lee’s Lawyer Expects Delay in Frank Case,” Leo Frank case newspaper article series (Original PDF)

New Testimony Lays Crime to Conley

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

The Atlanta Georgian

Friday, July 4, 1913

Frank Defense Locates Witness Who Points to the Negro Sweeper as Slayer.

A new witness, said to have the most damaging evidence yet produced against Jim Conley, the negro sweeper in the National Pencil factory, entered the Phagan case Thursday and made an affidavit, the contents fo [sic] which are carefully guarded by attorneys for Leo M. Frank, charged with causing the death of the factory girl.

The identity of the witness is as much a secret as the exact nature of his testimony. It was learned, though, that the affidavit was made in the law office of Joseph Leavitt in the Grant Building and was witnessed by Mr. Leavitt’s stenographer.

It is said the testimony of this man connects Conley more directly with the crime than any other statement or affidavit yet procured by the defense. The witness is understood to have seen Conley on the afternoon of the crime and to have heard him make remarks in his drunken condition which were extremely incriminating. Continue Reading →

Effort Will Be Made to Free Newt Lee

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

The Atlanta Constitution

Friday, July 4, 1913

Attorney Chappell Declares Belief That Lee Has No Knowledge of Guilty Parties.

An early effort is likely to be made to free Newt Lee, the negro night watchman who discovered the body of Mary Phagan, and who has since been held for suspected complicity in the crime.

This is intimated in a statement issued by the negro’s counsel, Bernard L. Chappell, who says he has arrived at the conclusion that his client knows absolutely nothing about the murder, except his grewsome discovery.

Lee was not indicted, although his name was submitted before the grand jury at the same time action was taken against Leo Frank. No amount of cross-examination can break his story in any respect, and he has told the same straightforward tale throughout imprisonment.

Attorney Chappell hinted that he would institute habeas corpus proceedings in the attempt to liberate the watchman.

* * *

The Atlanta Constitution, July 4th 1913, “Effort Will Be Made to Free Newt Lee,” Leo Frank case newspaper article series (Original PDF)

Writ Sought In Move to Free Negro Lee

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

The Atlanta Georgian

Thursday, July 3, 1913

Attorney for Watchman Declares Client Knows Nothing of the Actual Crime.

Bernard L. Chappell, attorney for Newt Lee, negro night watchman at the pencile [sic] factory, held in the Phagan case, stated Thursday morning that he would swear out a writ of habeas corpus for the release of the negro.

Attorney Chappell stated that he had come to the conclusion that there was nothing the negro knew about the crime except finding the body, and that the State had no right to keep him without some charge or as a material witness.

Lee was the first suspect arrested in connection with Mary Phagan’s murder. He was ordered held by the Coroner, but when a bill of indictment was offered the Grand Jury at the same time of the Frank indictment, no action was taken against the negro.

Weak Spots in Conley Tale.

Chappell said the writ of habeas corpus would compel the State either to order the negro held as a material witness or make some charge against him.

Conley, in relating his dramatic tale of carrying the body of Mary Phagan from the rear of the second floor and disposing of it at the direction of Frank in a dark corner of the gloomy basement, said that when he reached the elevator he had to wait until Frank went into his office for a key to the elevator door.

The defense will maintain, it is understood, that the elevator door had not been locked for some time. Witnesses will be called to testify that the door had remained unlocked in accordance with instructions from the firms with which the building was insured. From this alleged circumstance, it will be argued that the negro’s story is a fabrication devised to shield himself from the charge of murder and to shift the responsibility onto another man.

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Leo Frank Answers List of Questions Bearing on Points Made Against Him

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

The Atlanta Constitution

Monday, March 9, 1914

Stated That He Was Willing to Reply to Any Questions That Might Be in the Mind of the Public, and Asked to Answer Any Such That Might Be Propounded to Him.

TELLS HOW JIM CONLEY COULD HAVE SLAIN GIRL AND ESCAPED DETECTION

Asserts That Very Fact That He Admitted He Had Seen Mary Phagan on the Day of the Murder, Thus Placing Himself Under Suspicion, Was Proof in Itself That He Was Innocent of Crime.

Probably the most interesting statement yet issued by Leo M. Frank in connection with the murder for which he has been sentenced to hang, is one that he has furnished to The Constitution in the form of a series of answers to questions which were propounded to him bearing on the case.

These questions were prepared by a representative of The Constitution who visited Frank at the Tower last week.

“Ask me any questions you wish,” Frank told the reporter.

In accordance with that, the reporter wrote out a list of questions which, he asserted, comprised the most salient points the prosecution had brought out against him, and to each of these Frank has given an answer.

Here Are Questions.

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May Indict Conley in Phagan Case

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

The Atlanta Georgian

Tuesday, July 1, 1913

JURY LIKELY TO GO OVER DORSEY’S HEAD

Indictment of Negro Sweeper Would Be Severe Blow to Prosecution of Frank.

That the Fulton County Grand Jury will go over the head of Solicitor General Hugh M. Dorsey and indict Jim Conley, the negro sweeper, for the murder of Mary Phagan, in connection with Leo M. Frank, was a probability which came to light Tuesday.

While the report was not verified, its origin was such as to throw a bomb into the camp of the prosecution, as it will mean the indictment of the star witness in the State’s case against Frank.

In the event that Conley is indicted it will mean also that he will be taken from the custody of the police, where he has been carefully guarded from the defense, and will be placed in the county jail, where Frank is being held.

Rumors that Newt Lee, negro night watchman at the National Pencil factory, had made sensational disclosures to his attorney, Bernard L. Chappell, and would be one of the State’s most important witnesses in the trial of Leo M. Frank, were set at rest Tuesday by Mr. Chappell.

The negro’s attorney said after the inquest that he would make no effort to procure the release of Lee, as he believed his client was a vital witness and it would be the wisest plan for him to remain in the protection of the State.

His statements at this time and up to the date of the indictment found against Frank led to the impression that Lee had confided in his lawyer significant circumstances which he had told neither to the detectives nor to the members of the Coroner’s jury.

Denies Confession Reports.

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May Indict Conley as Slayer

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

The Atlanta Georgian

Tuesday, July 1, 1913

Grand Jury Reported as Seriously Considering Connection of Negro With the Crime.

A well founded rumor Tuesday was to the effect that the Grand Jury had Jim Conley’s connection with the Mary Phagan murder mystery under serious consideration with a view of finding an indictment against the negro on the charge of causing the death of the little factory girl.

Announcement was made after the close of Tuesday’s session that the present Grand Jury would hold its last session Wednesday, and it was reported that if action were not taken on Conley’s case before adjournment, recommendations would be left with the next Grand Jury suggesting that the negro’s connection with the crime be rigidly investigated.

If the indictment is returned against the negro it will mean that he will be taken from the custody of the detectives and placed in the Tower. He also will bear a different relation to the case in the future, being a defendant instead of a material witness. Attorneys interested in the case said they had heard nothing of the proposed action by the Grand Jury.

Rumors that Newt Lee, negro night watchman at the National Pencil factory, had made sensational disclosures to his attorney, Bernard L. Chappell, and would be one of the State’s most important witnesses in the trial of Leo M. Frank, were set at rest Tuesday by Mr. Chappell.

The negro’s attorney said after the inquest that he would make no effort to procure the release of Lee, as he believed his client was a vital witness and it would be the wisest plan for him to remain in the protection of the State.

His statements at this time and up to the date of the indictment found against Frank led to the impression that Lee had confided in his lawyer significant circumstances, which he has told neither to the detectives nor to the members of the Coroner’s jury.

Denies Confession Reports.

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Frank Is Willing for State to Grill Him

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

The Atlanta Georgian

Tuesday, July 1, 1913

Accused Man Declares He’s Anxious Even for Prosecution to Cross-Examine.

Surpassing in interest any of the other testimony at the trial of Leo M. Frank will be the story related on the stand by the accused man himself. That Frank will make a detailed statement of his movements on the day that Mary Phagan was murdered is regarded as one of the certainties of the trial.

It was learned Wednesday that Frank was desirous of going even further than this by being sworn and submitting to a cross-examination by the attorneys for the prosecution. He will request his lawyers, Luther Z. Rosser and Reuben R. Arnold, that the privilege of cross-examination be extended the State.

Continue Reading →

New Frank Evidence Held by Dorsey

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

The Atlanta Georgian

Friday, June 27, 1913

Solicitor Closely Guards Data of Which City Detectives Have No Knowledge.

New activity was injected into the Phagan case Friday when James Conley, negro sweeper at the National Pencil Factory, was removed secretly from his cell in police station and closely questioned by Frank Hooper, who will aid Solicitor Dorsey in the prosecution of Leo Frank.

The move was surrounded with the utmost secrecy. The negro was taken from his cell by Detective Starnes, and behind locked doors questioned anew in the room used by the Police Commissioners. He had been in for many minutes before the action became known.

Mr. Hooper asked Conley various new questions, and after the quizzing was over hurried away from the police station.

Dorsey Has New Evidence.

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Many Experts to Take Stand in Frank Trial

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

The Atlanta Georgian

Sunday, June 29, 1913

Great Array of Finger-Print and Blood-Stain Students Will Give Their Views.

The trial of Leo M. Frank will bring forth the most prominent array of criminal and medical experts ever grouped in a Southern court room.

This became known Saturday when Solicitor Hugh M. Dorsey began making preparations to have the skilled investigators who have worked in the Phagan case return to Atlanta for the trial, July 28.

The defense has not been idle and is prepared to have an expert on almost every conceivable angle to introduce in rebuttal.

Fingerprint experts were brought into the case almost immediately after it was taken from the hands of the police by Solicitor Dorsey. One of the most prominent of these, who has figured in solving many New York mysteries, was the first to be brought South. He spent several days in a minute investigation of the scene of the crime, articles of clothing and the fingerprints of every suspect in the case. Other experts in the same line followed him.

Solicitor Dorsey did not trust wholly to the examination of Dr. Hurt, the Coroner’s physician, who could not qualify as an expert in the Appelbaum trial, but sent with him some of the most prominent of the Atlanta medical men.

Blood Stains Important.

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State Secures New Phagan Evidence

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

The Atlanta Georgian

Saturday, June 28, 1913

[HOOPER SECURES NEW EVIDENCE FROM CONLEY]*

[NEW FACTS GIVEN BY NEGRO]

[Admissions to Prosecutor’s Aide Strengthens Rumor That He Saw Girl Just Before Crime.]

Conley’s Admission Strengthens Rumor That He Saw Child Just Before Slaying.

Frank A. Hooper, associated with Solicitor Dorsey in the prosecution of Leo M. Frank on the charge of strangling Mary Phagan, admitted Saturday that Jim Conley, negro sweeper at the National Pencil Factory, had made important additions to the story of his part in the murder mystery and had told of circumstances on the day of the crime which he had revealed in none of his previous statements.

A persistent report that Conley had made the startling admission that he had seen Mary Phagan enter the factory on the day she was slain arose at the time the negro was questioned more than an hour by Solicitor Dorsey early in the week, and this rumor was heightened after Attorney Hooper’s interview with the negro Friday.

In all of his statements to the detectives Conley denied he saw the girl at all on the day of the crime until he was horrified by the sight of her dead body lying in the rear of the second floor where he was directed by Leo Frank. Solicitor Dorsey is believed to have wrung the statement from him that he did see Mary Phagan when she came in the door of the factory and went to the second floor to Frank’s office.

Hooper Mum on Topic.

Continue Reading →

Brilliant Legal Battle Is Sure as Hooper And Arnold Clash in Trial of Leo Frank

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

The Atlanta Georgian

Sunday, June 29, 1913

[BRILLIANT BATTLE SURE IN FRANK TRIAL IN CLASH OF HOOPER AND ARNOLD]*

[Order Has at Last Been Rested and Indications Are That Struggle of Attorneys Will Be Waged in the Most Ethical Manner.]

* Alternate headline from another page is shown in brackets above.

By An Old Police Reporter.

As deplorable as the Phagan case is in all its melancholy details, it already is evident enough that there will come of it eventually much that the community may be thankful for.

In the first place, Atlanta and Georgia, and incidentally the entire South will have learned a good lesson in law and order, justice and fair play, and to that extent may be the better prepared for the next case of the kind that comes to their attention.

In the second place, there will be in the future no such wretched bungling and frenzied appeal in and from police headquarters, as for a time marked the Phagan case unique among its kind.

It looks now as if the decks have been pretty well cleared for action and that Leo Frank’s trial may be expected to proceed in dignity and order, and that in its final analysis the truth of Mary Phagan’s murder may be established, at least to the extent of Frank’s real or suspected participation therein.

If Frank should be convicted, that would mean the subsequent indictment and conviction of the negro Conley, as an accessory after the fact.

Continue Reading →

Conley Tale Is Hope of Defense

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

The Atlanta Georgian

Monday, June 30, 1913

DEFENSE PLANS TO TEAR DOWN CONLEY TALE*

* This headline appeared on Page 3 of the Georgian.

Expect to Prove Frank Innocent By Discrediting Negro’s Story Of Phagan Crime.

Warned that the State is basing practically all of its expectations of sending Leo M. Frank to the gallows on the dramatic story told by Jim Conley, the defense this week is completing the collection of a strong line of evidence with which it is planned utterly to discredit the negro’s statements and his testimony in court.

Conley again has insisted on confronting Frank. He says he is certain if he can meet the factory superintendent face to face he can make him “tell the whole story.” The negro has told the detectives he not only is willing, but is eager to repeat in the presence of Frank the story of the disposal of Mary Phagan’s body just as he has related it a dozen times since he first made the sensational acknowledgment that he had a part in the crime.

It is regarded as most unlikely that the two will be brought together. Luther Z. Rosser, attorney for Frank, has refused to make any definite statement of his attitude in the matter, but it is known he looks with suspicion on every word and every act of the negro. He has given the impression that he is not unwilling for his client to face the negro, but that he regards the court room as the proper place for the meeting and the actual trial of Frank as the proper time. For this reason, the dramatic moment when accuser and accused confront each other in all probability will be saved for the time when the legal battle is in progress for Frank’s life.

Continue Reading →

Lanford and Felder Indicted for Libel

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

The Atlanta Constitution

Saturday, June 28, 1913

Indictments Grew Out of the Dictagraph Episode and the Letters Which Followed.

Formal investigation into the invectives hurled between Colonel Thomas B. Felder and Detective Chief Newport Lanford resulted yesterday in indictments of criminal libel being returned by the grand jury against each of them for their cards and interviews in the daily papers in which they attacked each other’s character, after the dictagraph row.

Colonel Felder is held under two indictments on a bond of $500, while Chief Lanford has one indictment against him, and is free on the same bond.

The offenses charged against each are misdemeanors, and the punishment, in case of conviction, is six months in the county jail, twelve months in the penitentiary or a fine of not more than $1,000. It is in the discretion of the judge to impose any or all of these penalties after conviction.

In order to come clear at the trial it will be necessary for the man indicted for criminal libel to prove that the charges he made were true, and it is expected that the cases will develop into the most bitterly fought in the history of the Fulton courts.

Felder Will Not Talk.

Continue Reading →

Hooper Sees Conley for the First Time

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

The Atlanta Journal

Friday, June 27, 1913

Attorney Who Will Aid Solicitor Hears Negro Sweeper Recite His Story

Frank A. Hooper, the attorney who will assist Solicitor Hugh M. Dorsey in the prosecution of the case against Leo M. Frank, indicted for the murder of little Mary Phagan, interviewed James Conley, the negro sweeper, for the first time on Friday morning.

The attorney talked with the negro in the office of the police board for nearly an hour. Detective Starnes, who has been working under the direction of the solicitor, was the only officer with him.

Mr. Hooper simply made the trip to hear from Conley’s own lips his story of the crime, and the interview is said not to have been occasioned by any new developments in the case.

Mr. Hooper said that he had the negro tell him the “whole story.”

“The negro talks in a clear, straight-forward manner,” the attorney declared, “and his statement had the earmarks of the truth on it.” Mr. Hooper characterized the negro as a “good witness.”

While Solicitor Dorsey has interviewed Conley a number of times, he has never made any statement relative to the value of the negro’s story in a court room nor has he said anything relative to the manner in which the negro tells his story. Continue Reading →

Stover Girl Will Star in Frank Trial

Judge L.S. Roan, who will preside at trial of alleged slayer of Mary Phagan.

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

The Atlanta Georgian

Thursday, June 26, 1913

State, However, Must Prove She Entered Factory Before Mary Phagan.

With the selection of the court room made Thursday, all is virtually in readiness for the trial of Leo M. Frank, accused of strangling Mary Phagan. The venire of jurymen has been selected and July 28 is fixed as the date, and both sides have announced they are ready to go into court.

A definite decision was reached by Judge L. S. Roan to hold the trial on the first floor of the old City Hall building. The decision was reached after a conference with Solicitor General Dorsey, and it was represented as impracticable to hold the trial in the small and not well-ventilated court room in the Thrower building.

The State is maintaining its determined attitude toward the subpenas duces tecum issued by the defense. Frank A. Hooper, assisting in the prosecution, has branded them as a palpable trick to discredit the testimony of the State’s witnesses.

Girl Star Witness.

The witnesses will be present with the affidavits called for, but a hot fight will be put up by Solicitor Dorsey and Attorney Hooper to prevent their use by the defense.

Monteen Stover, a timid little 14-year-old girl, will be a star witness in the trial [of Leo M. Frank July 28 on the charge of strangling Mary Phagan in the National Pencil Factory],* according to all indications Thursday.

[The frequency with which she has been called upon to repeat her story of going to the factory on the day of the crime and finding Frank absent from his office is taken as an almost certain indication that the prosecution regards her statements of the utmost importance.]

The State, if it is able to establish that Monteen Stover entered the factory on the day of the crime just after Mary Phagan went inside, will have scored a most significant victory. The evidence will still be circumstantial, it is true, but it will be of greater weight even than the weird stories of the negro sweeper, Jim Conley, who has sworn that he aided Frank in disposing of the body.

Adds to Mystery.

Her story; however, until it is substantiated or disproved in court, only adds to the mystery of a crime which already abounds in baffling and mysterious phases. Her appearance on the witness stand may mean everything or nothing—because there is the startling fact that every indication points to Monteen Stover having entered the factory BEFORE Mary Phagan. Continue Reading →

Call of Cool Sea Breezes and Promise of Judge to His Wife, Secrets of Frank Trial Delay

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

The Atlanta Journal

Thursday, June 26, 1913

There Are Many Little Reasons, of Course, but the Biggest of These Is the Simplest—Judge Roan Just Had to Keep Promise to His Charming Wife—And Nobody’s Kicking, Either

The trial of Leo M. Frank, which is expected to be the most brilliant legal battle in the history of the state, has been postponed for a month.

There are many little reasons why the trial could not come up on June 30.

And, then, there is one great big reason.

The biggest reason, when analyzed, is also the simplest, as are most big things.

The big reason is the simple fact that Mrs. Judge L. S. Roan wants to go to the seashore early in July.

Of course Mrs. Roan might go to the seashore by herself with any of her many friends, but she wants her husband to make the trip with her, and long before the Phagan case developed Mrs. Roan had secured Judge Roan’s promise to take the trip with her.

When the judge called Solicitor Hugh Dorsey, Luther Z. Rosser and Reuben R. Arnold before him Tuesday afternoon and told them that it would be best to agree upon a definite date for the trial of Mr. Frank, they looked a little puzzled for the moment.

Solicitor Dorsey appeared not to want a postponement, and flatly said so. In fact, he argued every time he got a chance, trying to get an early date, and finally asked the court if he wouldn’t set the case for the week of July 7.

EVERYBODY WAS PLEASED.

Then the court explained, and after he had explained a quick smile of complete understanding passed over the court room. Mr. Rosser smiled first, then Mr. Arnold, and finally Solicitor Dorsey.

Said the court with the usual dignity:

“Well, gentlemen, another reason is that some months ago I promised my wife that I would take her to the seashore on the week of July 4 and spend some days there with her.

“Of course, if there is any good reason why this trial should be taken up early in the month, if it will be impossible for you to reach it later, I can send Mrs. Roan with friends and remain here.”

The judge’s statement was made in the nature of a question, but it brought forth no answer. Continue Reading →

To Hold Frank Trial in the Old City Hall

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

The Atlanta Journal

Thursday, June 26, 1913

Case Will Be Heard in Courtroom Now Used by Judge Pendleton

The trial of Leo M. Frank on July 28 will be held on the first floor in the old city hall building, at the corner of South Pryor and East Hunter streets. Solicitor Dorsey, Judge L. S. Roan and court attaches formally decided upon this room as the proper place to conduct the trial.

The court room designated is at present occupied by Judge John T. Pendleton, of the motion division of superior court. Judge Pendleton will adjurn [sic] his court for the summer on July 12, and the place will be unoccupied when the Frank trial is called.

This court room is the one which was occupied by Superior Court Judge Thomas when he was here conducting criminal court for several weeks last fall.

* * *

The Atlanta Journal, June 26th 1913, “To Hold Frank Trial in the Old City Hall,” Leo Frank case newspaper article series (Original PDF)

Conley, Put on Grill, Sticks Story

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

The Atlanta Georgian

Wednesday, June 25, 1913

Police Resume Questioning of the Negro Sweeper Who Accuses Leo Frank.

Puzzled by several of the statements of Jim Conley in regard to his part in the happenings the day that Mary Phagan was killed, the police have resumed the questioning from which the negro had been free since he was taken to the police station by the detectives.

One point that has not been cleared up is why Conley saw every one else that went into or left the factory and yet failed to see Mary Phagan.

Conley, on Sunday, was confronted by Monteen Stover. He identified her as the girl he saw enter the factory shortly after 12 o’clock on the day of the crime. Yet he still maintains that he did not see Mary Phagan, although Mary must have entered the factory either just before or just after the Stover girl was in the building. The evidence in the possession of the State shows that there could hardly have been more than three to five minutes intervening between the times that the two girls were in the factory.

Want Clearer Statement.

Conley has been asked to explain this apparently improbable circumstance. Conley at first denied that he had seen Lemmie Quinn in the factory on the Saturday of the murder. Later he said he had seen the factory foreman. Which statement is believed by the State is not known. What explanation is made by the negro for lying in regard to the matter also is conjectural.

Mary Phagan left her home on April 26 at about 11:50 o’clock. Living in Bellwood, it is regarded as unlikely that she reached the factory in less than 25 minutes, or at 12:15. Monteen Stover had testified that she visited the factory at about 12:10, which would be just before Mary Phagan had entered the factory, if the times testified to are correct.

Conley, on this account, has been asked if he saw, from his vantage point behind the boxes, Monteen Stover enter the factory at 12:10 o’clock, and Lemmie Quinn enter at 12:20, why he did not see Mary Phagan when she entered in the interval between the visits of the Stover girl and Lemmie Quinn.

Sticks to His Story.

Another point on which he has been questioned is as to how he could have left his home at the time he has testified and visit all the saloons of which he has told and still meet Frank at Nelson and Forsyth Streets as Frank was on his way to Montag Bros. factory. Frank, according to the statements of members of the Montag firm, was in their building by 10 o’clock. Yet the things that Conley has testified to doing would have taken him until considerably after 10 o’clock, according to a conservative estimate. Continue Reading →

Trial of Leo Frank Postponed by Judge

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

The Atlanta Constitution

Wednesday, June 25, 1913

Date of Trial Changed From June 30 Until July 28 at Plea of Attorneys for Defense.

The first appearance in open court of the indictment against Leo M. Frank for the murder of Mary Phagan came yesterday afternoon when Judge L. S. Roan, presiding over the criminal division of superior court, summoned attorneys for both sides, and after a hearing changed the date of trial from June 30, as set by Solicitor Hugh M. Dorsey, to July 28.

This and the legal move by the defense in serving upon Solicitor Dorsey, Police Chief James L. Beavers, Detective Chief Newport Lanford and other detectives and officials for the state, with formal subpoenas duces tecum, commanding them to bring to court all affidavits they may have which bear upon the state’s case against Frank, were the only changes in the present situation.

Judge Roan also decided that the trial of Frank would be held not in the regular room in which he holds his division of court, but in one of the rooms in which the civil division of the superior court sits.

Where Trial Will be Held.

This was done, the judge explained, because the ceiling is very low in the courtroom in the Thrower building, where his court regularly sits, and the room is ventilated by windows only on one side. The trial will be held, according to present plans, in one of the courtrooms in the old city hall, corner South Pryor and East Hunter streets, where the ceilings are higher and windows can be thrown open on both sides of the room to allow ventilation. Continue Reading →