Tag Archives: Luther Rosser

State Faces Big Task in Trial of Frank as Slayer

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Luther Z. Rosser, who is leading attorney of counsel for the defense of Leo M. Frank, indicted for the murder of Mary Phagan at the National Pencil factory. Mr. Rosser, as usual, is playing a game of silence. He has not indicated his line of defense.

Luther Z. Rosser, who is leading attorney of counsel for the defense of Leo M. Frank, indicted for the murder of Mary Phagan at the National Pencil factory. Mr. Rosser, as usual, is playing a game of silence. He has not indicated his line of defense.

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

Atlanta Georgian

Tuesday, May 27th, 1913

What will be the defense of Leo M. Frank when he is called upon next month to answer to the charge of strangling little Mary Phagan?

With the confident announcement of the police Monday that they had completed a case against the factory superintendent that was as conclusive as it possibly could be without the testimony of actual eyewitnesses of the crime, this question naturally is being asked to-day by everyone who has any interest in the mystery, and that means practically every person in Atlanta.

The people will not get their answer from Luther Z. Rosser, the close-lipped and able attorney of Frank, until the trial actually begins. But even at this early date, when only the vaguest of hints have been given as to the course that will be followed in the battle to free Frank from all suspicion, it is patent that there are many openings offered the defense for attacks upon the theories of the State.

Burden of Proof on State.

Those who are close to the daily developments in Atlanta’s baffling murder mystery and who venture to predict the line of defense that will be offered are bearing in mind that, in the first place, the great burden of proof is upon the prosecution and not upon the defense.

It is absolutely necessary, due to the protection with which the law has hedged everyone under suspicion of crime, that the State in some manner, by some piece of evidence, connect Frank directly with the crime or establish his connection beyond a reasonable doubt.

Until the State is able to do this, Luther Z. Rosser may rest on his oars if he so desires. Leo Frank is innocent this moment in the eyes of the law. His innocence does not need to be proved. It is presumed. Continue Reading →

The Leo Frank Trial: Closing Arguments of Hooper, Arnold, and Rosser

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Originally published by the American Mercury on the 100th anniversary of the Leo Frank trial.

The American Mercury continues its centenary coverage of the trial of Leo Frank for the slaying of Mary Phagan with the closing arguments presented by the prosecution and defense.

by Bradford L. Huie

IT’S A LONG READ — but an essential one for everyone who wants to consider himself well-informed on the Leo Frank case: the closing arguments from indefatigable Fulton County Prosecutor Hugh Dorsey and his assistant Frank Hooper, and from Leo Frank’s brilliantly skilled defense attorneys Reuben Arnold and Luther Rosser. Continue Reading →

100 Years Ago Today: Leo Frank Takes the Stand

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Leo-Frank-on-the-Witness-StandOriginally published by the American Mercury on the 100th anniversary of the Leo Frank trial.

In a few days the Mercury will present Week Three of the trial of Leo Frank for the murder of Mary Phagan. Today, on the 100th anniversary of Leo Frank taking the stand in his own defense, we present a digest of opinion and contemporary sources on his statement.

AT THE CLIMAX of the Leo Frank trial, an admission was made by the defendant that amounted to a confession during trial. How many times in the annals of US legal history has this happened? Something very unusual happened during the month-long People v. Leo M. Frank murder trial, held within Georgia’s Fulton County Superior Courthouse in the Summer of 1913. I’m going to show you evidence that Mr. Leo Max Frank inadvertently revealed the solution to the Mary Phagan murder mystery.

Leo Frank

Leo Frank

In addition to being an executive of Atlanta’s National Pencil Company, Leo Frank was also a B’nai B’rith official — president of the 500-member Gate City Lodge in 1912 — and even after his conviction and incarceration Frank was elected lodge president again in 1913. As a direct result of the Leo Frank conviction, the B’nai B’rith founded their well-known and politically powerful “Anti-Defamation League,” or ADL. Continue Reading →

Frank is Guilty, Says Pinkerton

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sept_harry-scottAnother in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution

Monday, May 26th, 1913

Sufficient Evidence Found to Convict Him, Declares Man Hired by the National Pencil Company.

Announcing that he had secured evidence sufficient to convict his employer Harry Scott, assistant superintendent of the Pinkertons, who has been retained by the National Pencil company since the second day of the Phagan tragedy, said to a reporter for The Constitution Sunday night that it was his intention to help prosecute the suspected superintendent.

Scott has been in command of the Pinkerton forces working on the investigation. His employment came about in answer to a telephone call from Frank on Monday morning following the murder. He was engaged, he states, for the sole purpose of finding the murderer.

Scott’s Connection With Case.

His connection with the case was explained once before when he was called to the stand at the coroner’s inquest. The Constitution Sunday morning published an exclusive story explaining that although Scott was employed by Frank’s defense, and although reports of the Pinkertons daily progress were submitted to the prisoner’s counsel he was working on the theory that Frank was guilty. Continue Reading →

The Leo Frank Trial: Week Two

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jim-conley-340x264Originally published by the American Mercury on the 100th anniversary of the Leo Frank trial.

The trial of Leo Frank for the murder of Mary Phagan ended its second week 100 years ago today. Join us as we delve into the original documents of the time and learn what the jurors learned.

by Bradford L. Huie

THE EVIDENCE that National Pencil Company Superintendent Leo Frank had murdered 13-year-old child laborer Mary Phagan was mounting up as the second week of Frank’s trial began in Atlanta, and passions were high on both sides as star witness Jim Conley (pictured) took the stand.

The attempt to frame the innocent black  night watchman, Newt Lee, had failed, despite 1) the “death notes” left near the body implicating him, 2) the bloody shirt planted in his trash barrel, and 3) the forged time card supposedly showing that he had left his post for several hours the night the murder was discovered. Although no one of significance suspected Lee at this point, the defense would still try to attack the medical testimony that placed the murder near midday on April 26, and would introduce Lee’s second alleged time card, provided by Frank, purporting to show that Lee had many hours unaccounted for on the night of the 26th and the early morning hours of the 27th of April.

Newt Lee’s testimony of Frank’s peculiar behavior that afternoon and evening was compelling. Another African-American was about to become pivotal in this case: factory sweeper Jim Conley would testify that he had helped Frank by keeping watch while Frank “chatted” with Mary alone in his office, and by assisting Frank in moving her body to the basement after she was accidentally killed. Conley was about to become central to the defense’s case, too — they would allege that Conley was the real killer. (For background on this case, read our introductory article, our coverage of Week One of the trial, and my exclusive summary of the evidence against Frank.) Continue Reading →

The Leo Frank Trial: Week One

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Originally published by the American Mercury on the 100th anniversary of the Leo Frank trial.

100 years ago today the trial of the 20th century ended its first week, shedding brilliant light on the greatest murder mystery of all time: the murder of Mary Phagan. And you are there.

by Bradford L. Huie

THE MOST IMPORTANT testimony in the first week of the trial of National Pencil Company superintendent Leo Frank for the murder of Mary Phagan was that of the night watchman, Newt Lee (pictured, right, in custody), who had discovered 13-year-old Mary’s body in the basement of the pencil factory during his nightly rounds in the early morning darkness of April 27, 1913. Here at the Mercury we are following the events of this history-making trial as they unfolded exactly 100 years ago. We are fortunate indeed that Lee’s entire testimony has survived as part of the Leo Frank Trial Brief of Evidence, certified as accurate by both the defense and the prosecution during the appeal process. (For background on this case, read our introductory article and my exclusive summary of the evidence against Frank.) Continue Reading →

100 Years Ago Today: The Trial of Leo Frank Begins

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Leo-Frank-Atlanta-Georgian-courtroom-sketch-340x264

Originally published by the American Mercury on the 100th anniversary of the Leo Frank trial.

Take a journey through time with the American Mercury, and experience the trial of Leo Frank (pictured, in courtroom sketch) for the murder of Mary Phagan just as it happened as revealed in contemporary accounts. The Mercury will be covering this historic trial in capsule form from now until August 26, the 100th anniversary of the rendering of the verdict.

by Bradford L. Huie

THE JEWISH ANTI-DEFAMATION LEAGUE (ADL) — in great contrast to the American Mercury and other independent media — has given hardly any publicity to the 100th anniversary of the murder of Mary Phagan and the arrest and trial of Leo Frank, despite the fact that these events eventually led to the foundation of the ADL. Probably the League is saving its PR blitz for 1915, not only because that is centenary of Leo Frank’s death by lynching (an event possibly of much greater interest to the League’s wealthy donors than the death of Mary Phagan, a mere Gentile factory girl), but also because encouraging the public to read about Frank’s trial might not be good for the ADL — it might well lead to doubts about the received narrative, which posits an obviously innocent Frank persecuted by anti-Semitic Southerners looking for a Jewish scapegoat.

For readers not familiar with the case, a good place to start is Scott Aaron’s summary of the crime, from his The Murder of Mary Phagan and the Lynching of Leo Frank, which states in part:

“ON SATURDAY morning at 11:30, April 26, 1913 Mary Phagan ate a poor girl’s lunch of bread and boiled cabbage and said goodbye to her mother for the last time. Dressed for parade-watching (for this was Confederate Memorial Day) in a lavender dress, ribbon-bedecked hat, and parasol, she left her home in hardscrabble working-class Bellwood at 11:45, and caught the streetcar for downtown Atlanta.

“Before the festivities, though, she stopped to see Superintendent Leo M. Frank at the National Pencil Company and pick up from him her $1.20 pay for the one day she had worked there during the previous week….

“Almost no one knew it at the time, but by one o’clock one young life was already over. For her there would never again be parades, or music, or kisses, or flowers, or children, or love. Mary Phagan never left the National Pencil Company alive. Abused, beaten, and strangled by a rough cord pulled so tightly that it had embedded itself deeply in her girlish neck and made her tongue protrude more than an inch from her mouth, Mary Phagan lay dead, dumped in the dirt and shavings of the pencil company basement, her once-bright eyes now sightless and still as she lay before the gaping maw of the furnace where the factory trash was burned.”

Continue Reading →

Frank’s Attorneys Make No Comment

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Frank's AttorneysAnother in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Journal

Saturday, May 24th, 1913

Neither L. Z. Rosser Nor Herbert Haas Had Any Statement to Make

“Not a word to say,” was Attorney Luther Z. Rosser’s comment when informed by a Journal reporter that his client, Leo M. Frank, had been indicted by the grand jury for the murder of Mary Phagan.

Mr. Rosser held in his hand a Journal extra telling of the affidavit by the negro, James Connally [sic], that on the day before the tragedy Mr. Frank called him into his (Frank’s) office and asked him to dictate two notes, and that he believes the notes he dictated are the same ones found beside the murdered girl’s body in the pencil factory basement.

Asked if he would permit The Journal to interview Mr. Frank, Mr. Rosser said he would not.

“I have no statement to make. You’d better see Mr. Rosser,” was the reply of Attorney Herbert Haas when seen a few moments later by the same reporter and informed of Mr. Frank’s indictment.

Mr. Haas is associated with Mr. Rosser in the defense.

He likewise declined to permit Mr. Frank to be interviewed.

* * *

Atlanta Journal, May 24th 1913, “Frank’s Attorneys Make No Comment,” Leo Frank case newspaper article series (Original PDF)

Phagan Case is Delayed

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Phagan Case is Delayed

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

Atlanta Georgian

Monday, May 12th, 1913

Not Likely to Go to Grand Jury This Week More Time Taken to Strengthen Evidence

Evidence in the Phagan case may not be presented to the Grand Jury this week. This was the intimation given by Solicitor General Hugh M. Dorsey Monday morning, as he began the process of elimination of the unimportant matter contained in the great mass of evidence collected by the Coroner’s jury and police officials.

The postponement of its presentation to the Grand Jury is to permit the collection in systematic form of all the essential details of the evidence. Dorsey declared Monday that the case would not be given to the Grand Jury until he carefully had sifted all of the evidence obtained.

He explained Monday morning that he had no idea at what time the case would get to the Grand Jury, other than at the earliest possible moment after a “case is made out.” Foreman L. H. Beck, of the Grand Jury, asserted the jurymen were under orders to hold themselves in readiness for a call from the Solicitor to act on the case.

“While the jury has the right to ask the Solicitor to present the case at any [t]ime, we will wait until he says he is rea[d]y,” said Beck. “We are holding ourselves in readiness and can assemble in a compartivly [sic] short while.”

The Solicitor said to-day that developments in the case the last few days led him to believe the case would get to the jury at an early meeting, and that it was not improbable it would be acted upon by Friday, but that as progress was made in the case and new evidence brought to light the necessary work in corroborating it and investigating its reliability made some delay absolutely necessary.

Mr. Dorsey also made it clear to-day that he was depending largely on the efforts of his private detective, “the best in the country,” who was working independently of the Pinkertons or city detectives. He said the man was making progress in the baffling case.

The Pinkertons have instructions to find the murderer, no matter who he may be. Operatives of the agency employed by the National Pencil Company recently put the matter squarely up to Luther Rosser, the company’s attorney. He said:

Urge Diligent Search.

“Find the murderer of Mary Phagan. Work in co-operation with the police, work with anyone, work any way that might lead you to success; let your chips fall where they may. You are employed to hunt the murderer until he is found and convicted. It matters not who is guilty.”

Five men from the detective agency are working on the case, under the direction of Assistant Superintendent Harry Scott. Through City Detective Black the Pinkertons work in connection with the city police.

Leo M. Frank was visited by Mr. Rosser at his cell in the Sower [Tower – Ed.] Sunday. They were together only a short while. Mr. Rosser stated he had only paid a “social visit” and had not discussed the case.

Chief of Detectives Lanford said Monday that he was satisfied with the progress of the case so far. He said that the investigation unavoidably had been slow and burdened with a mass of evidence, much of which would have to eliminated in the final consideration of the case. He was pleased with the new developments which he said added much strength to the line of evidence his men are building up.

* * *

Atlanta Georgian, May 12th 1913, “Phagan Case is Delayed,” Leo Frank case newspaper article series (Original PDF)

Rumor That Frank Married in Brooklyn Not True, Says Eagle

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Rumor That Frank Married in Brooklyn

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

Atlanta Journal

Monday, May 12th, 1913

At Request of The Journal, One of Numerous Reports About Man Held in Phagan Case Is Investigated

TWO ‘NO BILLS’ NECESSARY TO FREE PRISONERS

Solicitor’s “Famous” Detective Has Left City-Character Witnesses Not Likely to Be Used

At the request of The Atlanta Journal, the Brooklyn Eagle, one of the most conservative and reliable newspapers in the whole country, has investigated the most serious of numerous rumors which are being persistently circulated about the character of Leo M. Frank, superintendent of the National Pencil company, who is held in connection with the death of Mary Phagan. That report was to the effect that Mr. Frank, contrary to his sworn testimony before the coroner’s inquest that he had never married but once, namely in Atlanta, about two years ago, married while a resident of Brooklyn, N. Y. The rumor has been persistently circulated in various forms.

The Brooklyn Eagle’s investigation of this rumor is to the effect that Mr. Frank was never married in Brooklyn. His mother, now residing in Brooklyn, says the Eagle declares Mr. Frank married in Atlanta and Atlanta only, and there is no record in Brooklyn to the contrary. This report from a reliable newspaper is given to the public in accordance with The Journal’s policy to print all of the facts and nothing but the facts in connection with this case.

Attorneys declared Monday that even if witnesses who could attack Mr. Frank’s character could be found that they would not be allowed to testify in court should Mr. Frank ever face a jury. The state is never allowed to put the character of a defendant in issue and no past misconduct, however grievous or even if it is a matter of court record, is admitted in evidence unless the defense first makes a point of the character of the man on trial. This is seldom done in criminal cases. Continue Reading →

Find Guilty Man, Frank’s Lawyer Told Pinkertons

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Find Guilty ManAnother in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution

Monday, May 12th, 1913

“You Are Employed to Hunt Down Murderer, It Matters Not Who He Is,” Luther Rosser Informs Detectives.

GRAND JURY TO PROBE MYSTERY NEXT WEEK

Solicitor Dorsey States That He Wants All the Evidence Ready to Submit to Jurors Before Opening Hearing.

Officials of the Pinkerton National Detective agency, who were brought into the Phagan case through Leo M. Frank, recently went to authorities of the National Pencil company. It is stated, and in the presence of Leo M. Frank’s counsel, Luther Z. Rosser, said:

“We want to make our position clear. The Pinkertons have been employed to apprehend the murderer of Mary Phagan. That is our intention, and if anybody can find her slayer we can. Shall we continue on the case?”

Mr. Rosser, who has been retained as Frank’s attorney since the superintendent was first arrested, spoke up:

“Find the murderer of Mary Phagan. Work in co-operation with the police—work with anyone, work any way which might lead you to success. Let your chips fall where they may. You are employed to hunt the murderer until he is found and convicted. It matters not who is guilty.”

Five Men on Case.

Five picked men, under command of Assistant Superintendent Harry Scott, are working exclusively on the mystery. Scott, through Detective John Black, of headquarters, is working in co-operation with the police. Continue Reading →

Inquest Scene is Dramatic in its Tenseness

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Miss Hattie Hall, Superintendent Leo M. Frank's stenographer, who testified to-day at the Phagan inquest.

Miss Hattie Hall, Superintendent Leo M. Frank’s stenographer, who testified to-day at the Phagan inquest.

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

Atlanta Georgian

Thursday, May 8th, 1913

Crowd in Small, Smoke-Filled Room Breathlessly Follows the Phagan Slaying Inquiry.

FATHER WEEPS SILENTLY

Jurors, Officials and Detectives Manifest Intense Interest in Replies of Witnesses.

In a small, crowded and smoke-filled room at police  headquarters, Coroner Donehoo on Thursday morning began what it is thought will be the last session of the jury impaneled to inquire into the death of Mary Phagan, strangled to death in the basement of the National Pencil Factory April 26.

The situation was tense and pregnant with possibilities. The fact that the investigation of the case is rapidly drawing to a close, coupled with the admissions of officials that new and important evidence would develop the examination of the witnesses to-day, brought out a large and curious crowd.

At one end of the long table, heaped with notebooks and typewriters, sat Coroner Donehoo, flanked on each side by members of the jury. At the foot of the table sat the newspaper reporters and the official stenographers, four in number. Facing Coroner Donehoo and the jury sat the witness. Ranged along the wall were curious spectators, relatives of the dead girl and friends of the witnesses. Long before the inquest was called every available chair in the room was taken, and late comers ensconced themselves on the window ledges.

Dorsey Takes Active Part.

Prominent among the spectators were the attorneys for Frank, Pinkerton and city detectives and county and State officials. Solicitor Hugh Dorsey sat just behind Coroner Donehoo, and took an active part in the questioning of the witnesses. While Mr. Dorsey asked no questions himself, several times he conferred with the Coroner on the best manner in which to examine the witnesses. Continue Reading →

Lee is Quizzed by Dorsey for New Evidence

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Lee is Quizzed by DorseyAnother in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian

Wednesday, May 7th, 1913

Important Light is T[h]rown on Case Also by Girl Companion of Mary Phagan.

With new evidence in hand, Solicitor Dorsey went to the jail at 3 o’clock Wednesday afternoon to question Newt Lee, the night watchman, exhaustively. He plied the negro with questions for forty-five minutes.

Before closeting himself with the negro the Solicitor said he had never questioned Lee himself, and he hoped to leave the jail late today with valuable information.

Detective Rosser was reported to have found a 14-year-old girl who had important information bearing on the case.

This girl was taken to Solicitor Dorsey’s office and was questioned for some time. She is said to have been one of the last persons with Mary Phagan before the tragedy.

Solicitor Dorsey said important new evidence had been gleaned, but declined to divulge its nature.

* * *

Atlanta Georgian, May 7th 1913, “Lee is Quizzed by Dorsey for New Evidence,” Leo Frank case newspaper article series (Original PDF)

Police Still Puzzled by Mystery of Phagan Case

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Police Still Puzzled by Mystery of Phagan Case

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

Atlanta Georgian

Friday, May 2nd, 1913

200 Witnesses To Be Called When Inquest Into Slaying of Factory Girl Is Resumed Next Monday—Felder to Aid State.

The exact facts in the Phagan case as this edition of The Georgian goes to press can be stated as follows:

First. The Coroner’s inquest is not yet ended. It has been adjourned until Monday afternoon next; and until it is ended the State is not likely to take hold of the case except in so far as Solicitor General Dorsey may deem it necessary to acquaint himself with facts that may aid him when the Coroner’s jury renders its verdict. After this is done the case is turned over to the Solicitor General, as the chief prosecuting officer of Fulton County.

SECOND—It is reported that a large number of witnesses—200—are to be subpoenaed by the Coroner’s jury, and that both Lee and Frank will testify.

THIRD—The functions of a Coroner’s jury consist of hearing preliminary testimony, and holding persons under suspicion for the Grand Jury, which is the legal body that finds indictments against those accused of crime. Investigation before the Grand Jury is on evidence and is much more complete than before the Coroner’s jury. Continue Reading →

Factory Clock Not Punched for Hours on Night of Murder

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Factory Clock Not Punched for Hours on Night of Murder

Scenes at the funeral services of victim of Sunday’s brutal crime. In one picture is shown casket being borne from church; in another, her brother, Ben Phagan, who is in the navy; and in the bottom one, the beautiful floral offerings covering the newly-made grave.

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

Atlanta Constitution

Wednesday, April 30th, 1913

Newt Lee, Negro Watchman, Had a Record for Punctuality in Registering Time Until Night of the Killing—Bloody Shirt Found in His Home by Detectives, but Negro Asserts That He Had Not Seen It for Two Years—Blood Was Fresh, Assert Officers.

MORE ARRESTS WILL BE MADE TODAY, SAY MEN ON THE CASE

“We Have Sufficient Evidence to Convict the Murderer of Mary Phagan, Declare Local Detectives and Pinkertons—Leo M. Frank Subjected to a Gruelling Third Degree—Rumors Spread Over City That Lee Had Confessed Denied by Chief Lanford.

The record of the factory time clock in the pencil plant was brought to police headquarters last night. It shows an irregularity in three separate periods during the night of the murder of Mary Phagan.

Lee, the negro night watchman, was supposed to punch the time piece every thirty minutes during each night of duty. Up until 9:32 o’clock Saturday night it was visited with regularity. An adjustment was skipped from that time until 10:29 o’clock. At 11:04 another adjustment was missed. The next punch was registered at midnight.

The most convincing irregularity of the record sheet, however, is the adjustment that was missed between 2 o’clock Sunday morning and 3. The body was discovered at 3:30 o’clock. Where was the watchman when he failed to punch the hour? Continue Reading →

Factory Head Frank and Watchman Newt Lee are “Sweated” by Police

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Factory Head Frank and Watchman Newt Lee are Sweated by Police

Leo M. Frank. [The lascivious superintendent of the National Pencil Company, so candidly described by several women and girls who worked at the factory. These women gave testimony describing Frank’s lascivious character at the coroner’s inquest, including inappropriate touching of the women and sexual advances in exchange for money — Ed.]

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

Atlanta Georgian

Tuesday, April 29th, 1913

Mysterious Action of Officials Gives New and Startling Turn to Hunt for Guilty Man—Attorney Rosser, Barred, Later Admitted to Client.

Has the Phagan murder mystery been solved? The police say they know the guilty man.

Chief of Detectives Lanford at 2 o’clock this afternoon told The Georgian:

“We have evidence in hand which will clear the mystery in the next few hours and satisfy the public.”

All the afternoon the police have been “sweating” Leo M. Frank, superintendent of the factory where the girl worked, and putting through the “third degree” Lee, the negro watchman at the factory.

[The statement came at the end of a second long conference between John Black, city detective; Harry Scott, Pinkerton detective, and Leo Frank, superintendent of the National Pencil Company factory.

Additional clews furnished by the head of the pencil factory were responsible for the closing net around the negro watchman.

With the solution of the mystery at hand came the further information that what suspicion had rested on Frank was being rapidly swept away by the damaging evidence against the black man. It was announced that he probably would be liberated to-night or in the morning.

“It looks a great deal better for Frank who has been detained only for his own protection and to furnish further information to the department,” said the detectives. Continue Reading →