Tag Archives: Reuben R. Arnold

More Affidavits to Support Mincey Claimed

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

The Atlanta Journal

Saturday, July 12, 1913

Frank’s Attorneys Said to Have Corroborating Evidence, Newt Lee Denied Freedom

Joseph H. Leavitt, an attorney, with offices at 422 Grant building, the man who secured the affidavit of W.H. Mincey, who alleges that James Conley confessed to the killing of a girl on April 26, the day Mary Phagan was murdered, declares that a number of affidavits fully corroborating every word that Mincey has said, are in the hands of counsel for the defense of Leo M. Frank.

Mr. Leavitt states that the Mincey affidavit is really much stronger than the published reports, which have purported to give its substance.

The reports are correct as far as they go, Mr. Leavitt admitted to a Journal reporter, but the affidavit dictated and signed by Mincey contains still more testimony, damaging to Conley.

“Mincey is a good citizen,” Mr. Leavitt told a Journal reporter, “a man of education and of character. However, every assertion which he made in the affidavit has been corroborated.”

“Then you must mean that some one else heard the confession Mincey claims that Conley made?” the reporter asked.

“Yes, others head [sic] it,” was the answer of Attorney Leavitt.

While he states that he doesn’t know his address, Mr. Leavitt says that he is confidence [sic] that Mincey will be here when Leo M. Frank faces a jury on the charge of murdering Mary Phagan.

Mincey in his affidavit claims that he went to see Conley on the afternoon of April 26, the day Mary Phagan was murdered to solicit insurance from him, and that Conley became angered and told him that he had killed a little girl that day and did not want to have to kill another person.

The police make light of the Mincey affidavit, and say that Mincey once came to headquarters to identify a man he had seen drunk in the negro quarter. He saw Conley, they say, and then admitted that he had never seen the engro [sic] before.

Attorney Leavitt says that the affidavit will give a good reason for Mincey’s failure to make known at once the information, which he claims to have on the sensational murder case.

Solicitor General Dorsey and Attorney Frank A. Hooper, who will assist him in the prosecution of Frank, grilled James Conley at headquarters for more than an hour Friday afternoon. While Mr. Dorsey would not discuss the matter, it is understood that he questioned Conley closely about the statements alleged to have been to Mincey, and the negro claims that he never saw [the] insurance agent except at police headquarters.

LEE DENIED FREEDOM.

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Conley Kept on Grill 4 Hours

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

The Atlanta Georgian

Saturday, July 12, 1913

After Gruelling Third Degree, Officials Refuse to Deny or Affirm Negro Confessed.

Habeas corpus proceedings to release Newt Lee collapsed in the court of Judge Ellis Saturday morning.

By agreement, Bernard L. Chappell, representing Lee, withdrew his application for a habeas corpus; Solicitor Dorsey promised to present a bill against Lee as a suspect in the Phagan murder case, with the expectation that a “no bill” would be returned. This appeared satisfactory to the attorneys for Lee, as well as to the State.

Luther Z. Rosser, Reuben R. Arnold and Herbert J. Haas, of counsel for Frank, were in court to fight against the appearance of Frank as a witness. William M. Smith represented Conley, one of the witnesses subpenaed.

Jim Conley underwent a racking third degree late Friday afternoon at the hands of Solicitor General Hugh M. Dorsey and Attorney Frank A. Hooper in an effort to verify or discredit the W.H. Mincey affidavit, in which the negro was charged with confessing to the murder of a girl on the afternoon that Mary Phagan met her death.

The grilling of nearly four hours followed The Georgian’s publication of the details of Mincey’s accusations and was undertaken with the utmost secrecy, an attempt being made to avoid knowledge of the “sweating” becoming public by taking Conley to the Commissioners’ room on the second floor of the police station by a circuitous route.

Negro’s Most Severe Ordeal.

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Says Women Heard Conley Confession

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

The Atlanta Georgian

Saturday, July 12, 1913

*Editor’s Note: This article also ran with the headlines “Says Women Overheard Conley Confess” and “Says Women Heard Conley Confess” in the Final and Home Editions, respectively. The headline used here is from the Night Edition.

AFFIDAVITS SUPPORT MINCEY STORY

Attorney Leavitt Declares Tale That Negro Admitted Killing Girl Will Stand Test.

That several negro women overheard Jim Conley when he ran the insurance agent, Mincey, away with the alleged statement that he had just killed a girl and didn’t want to kill any one else, and that the affidavits from the women are in the hands of the attorneys for the defense, was stated Saturday by Attorney J.H. Leavitt, who aided in obtaining the sensational affidavit from Mincey.

Attorney Leavitt defended the character of the man who made the affidavit and denied emphatically that Mincey even asked about the money he would receive as a witness, except whether his railroad fare would be paid if he were out of the city.

Explains Dukes’ Doubts.

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Mincey’s Story Jolts Police to Activity

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

The Atlanta Georgian

Friday, July 11, 1913

*Editor’s Note: The following column ran in the final edition of the Georgian with the title “Georgian’s Story Stirs Officials to Action,” and contains the following bracketed text in lieu of the first two paragraphs and preceding sub-headline.

[Mincey Affidavit Leads to Another Cross-Examination of Phagan Case Suspect.

[As a result of the publication by The Georgian exclusively Thursday of the sensational affidavit of W.H. Mincey, the insurance agent, which declared that Jim Conley had confessed on the afternoon of the Phagan murder, that he had killed a little girl, the negro sweeper was again put on the grill late Friday afternoon. The cross-examination was conducted by Solicitor General Hugh M. Dorsey personally at the police station and was attended by utmost secrecy.

[Conley was taken into the Police Commissioners’ room on the second floor of the station house by a circuitous route to avoid being seen. In the room awaiting him were the Solicitor, his assistant, Frank J. Hooper, and Chief of Detectives Lanford. The negro was questioned for more than an hour. The result of the inquiry was not made known.

[That Mincey’s affidavit is of the utmost importance became obvious with this latest move by the prosecution. Undoubtedly its startling accusations, directing guilt at the negro, have shown themselves to the State to have foundation of more strength than Mr. Dorsey and his colleagues have so far cared to admit.]

Steps Taken Immediately to Discredit Affidavit Published Exclusively in The Georgian.

The Georgian’s exclusive publication of the sensational details of the W.H. Mincey affidavit, in which Jim Conley was alleged to have confessed to the killing of a girl the afternoon that Mary Phagan was slain, created a big stir Friday in police circles and immediate efforts were made to discredit the accusations against the negro.

Detectives set out at once on a still hunt for Mincey. Lines were thrown out to produce witnesses who would swear that Mincey’s word was not to be depended upon. The detective force, which virtually had been resting on its oars in the Phagan case for several weeks, was galvanized into action by the startling charges made in the affidavit of Mincey, which was first made public by The Georgian.

Police Deny Being Told.

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Slaying Charge for Conley Is Expected

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

The Atlanta Georgian

Friday, July 11, 1913

Speedy Indictment of Negro Is Likely Following Publication of Mincey Affidavit.

The speedy indictment of Jim Conley on the charge of murdering Mary Phagan was the strong possibility discussed in court circles Friday following the sensational turn given the strangling mystery by The Georgian’s publication Thursday of the accusation of William H. Mincey, an insurance solicitor, that he had heard the negro boast on the afternoon of the crime of killing a girl.

For nearly two months a self-confessed accessory after the fact of the murder of the little factory girl, Conley has been allowed to go without an attempt at bringing an indictment against him. The startling new evidence which indicates most strongly, if the credibility of the defense’s witness can be established, that Conley was not the accessory after the fact, but the actual principal in the crime, is expected to result in a thorough investigation by the Grand Jury of all the rumors and stories which have been in circulation of the negro’s connection with the pencil factory tragedy.

Counsel Relies on Mincey.

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No Finger Prints Found by Expert on Phagan Envelope

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

The Atlanta Journal

Thursday, July 10, 1913

Examination of Portion of Slain Girl’s Pay Envelope Fails to Throw Any Light on the Murder Mystery

FLETCHER, AT FEDERAL PEN MAKES EXAMINATION

Fight for Release of Newt Lee on Habeas Corpus Resumed and Hearing Will Be Given Saturday Morning

That the murderer of Mary Phagan can never be identified by finger prints on the pay envelope found in the factory, and the “re-setting” of Newt Lee’s habeas corpus for 10 o’clock. Saturday morning, were two important developments of the sensational murder mystery Thursday.

According to Attorney Bernard L. Chappell, of Graham & Chappell, counsel for the negro night watchman, fifty witnesses among them the negro James Conley, confessed accomplice, and Leo M. Frank, accused of the crime, will be subpenaed for the habeas corpus hearing.

It is known that the solicitor general, Hugh M. Dorsey, will oppose the release from the Tower of Lee on the ground that he is a material witness.

Counsel for Frank will take no part in the fight to secure the release of Lee, but Attorney Reuben R. Arnold stated when the case was postponed that he would oppose any effort to bring Frank into the court for the habeas corpus hearing.

It is said that the counsel for Frank will oppose bringing him to the court on the ground that it is not lawful to force a defendant to give any testimony which relates to or bears on the crime for which he is to be tried.

This, as a result, will prevent the much talked of meeting of Frank and Conley.

According to the attorney for Lee, subpenas will be issued to the many detectives who have worked on the case, to the solicitor general and to the foreman of the grand jury that failed to indict Lee.

EXAMINED BY EXPERTS.

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Mary Phagan Pay Envelope Found

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

The Atlanta Journal

Wednesday, July 9, 1913

MYSTERY’S LOST LINK IS FOUND NEAR WHERE CONLEY SAYS HE SAT

Finding of Portion of Salary Envelope Bearing Victim’s Name Expected to Strengthen Defense’s Contention

CONTENTS OF ENVELOPE HAVE NEVER BEEN FOUND

Find Was Made by Pinkertons Just Three Weeks After the Murder, but Was Kept a Secret Until Wednesday.

The pay envelope, which was the quest of Mary Phagan’s visit to the National Pencil factory on April 26, when she met her death, has been found.

At least enough of the envelope to definitely identify it is in the hands of the authorities.

The upper corner of the pay envelope, bearing the name of the victim of the sensational murder mystery, was found on the first floor of the factory by Pinkerton detectives three weeks after the commission of the crime.

While attorneys for the defense and the prosecution have known of the find for weeks, the fact only became public Wednesday.

The corner of the pay envelope was found on the first floor of the factory, behind a radiator, about 15 feet from the stairway and about 8 feet from the place, where James Conley, the negro sweeper, says he sat for more than an hour on the day of the tragedy.

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Girl Springs Sensation in Phagan Case

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

The Atlanta Georgian

Wednesday, July 9, 1913

PART OF PAY ENVELOPE FOUND

Discovered Shortly After Tragedy by Detectives, but Find Was Kept Secret.

*Editor’s Note: The following headlines also appeared:

(Night Edition):

NEW PHAGAN EVIDENCE FOUND

PART OF PAY ENVELOPE HELD BY POLICE

(Extra Final Edition):

PHAGAN PAY ENVELOPE FOUND

Two sensational developments marked the Phagan case Wednesday. One was the testimony of Miss Mattie Smith, an employee of the National Pencil factory, that she had seen a negro sitting on the first floor of the factory betwen [sic] 9 and 10 o’clock, at a time when Conley had denied being there. The second was the announcement of the finding of a part of a pay envelope declared to be the envelope of Mary Phagan.

A piece of an envelope bearing Mary Phagan’s number was found on the first floor of the National Pencil factory behind a radiator, only a few feet from where Jim Conley, negro sweeper at the plant, was sitting on the day the little factory girl was murdered, according to information made public Wednesday afternoon.

Robbery Again Suspected.

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Attitude of Defense Secret

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

The Atlanta Georgian

Tuesday, July 8, 1913

Attorneys for Accused Man Can Keep Him From Facing Accuser if They Wish.

That Leo M. Frank, superintendent of the National Pencil Factory, and James Conley, Frank’s accuser in the Mary Phagan murder mystery, would be brought face to face Tuesday was the strong possibility presented by the contemplated application for a writ of habeas corpus in behalf of Newt Lee, negro night watchman at the factory.

The plan of bringing Conley and Frank together may meet an insurmountable obstacle when it comes to getting the permission of Frank’s attorneys. The law allows an indicted man to testify or to refuse to testify. Frank has been willing to appear as a witness at any time, but he has placed himself under the instructions of his lawyers and the matter is entirely in their hands.

Arnold is Non-commital.

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State Sure Lee Will Not Be Released

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

The Atlanta Georgian

Tuesday, July 8, 1913

Dorsey Confident That Move, Which May Confront Frank With Conley, Is Futile.

Solicitor General Hugh M. Dorsey said Tuesday he was confident the State would be able to defeat any attempt to get Newt Lee out of the Tower, where he has been confined since April 27, first as a suspect in the Mary Phagan murder case and later as a material witness. He said he had advised Lee’s attorney not to take the action, as the negro was regarded as an important witness in making a complete chain of evidence against Leo M. Frank.

No petition was filed in behalf of the negro Tuesday forenoon. There was no judge before whom the petition could be brought in the afternoon, although in rare instances writs of habeas corpus are filed with the Ordinary of the county. Lee’s counsel has until Friday to file the application. It was the announced intention to subpena both Frank and Jim Conley to appear at the hearing on the write [sic].

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Grants Right to Demand Lee’s Freedom

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

The Atlanta Georgian

Tuesday, July 8, 1913

Negro’s Counsel Secures Chance to Argue for Habeas Corpus Writ Wednesday.

Reuben R. Arnold, of counsel for Leo M. Frank, communicated with Sheriff Mangum Tuesday afternoon directing him under no circumstances to permit the removal of Frank to appear Wednesday as a witness in the habeas corpus hearing to free Newt Lee.

“There is no law on earth to bring Frank to court under an order as a witness,” said Arnold. Attorney Rosser, chief of counsel, was absent from the city Tuesday.

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New Move in Phagan Case by Solicitor

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

The Atlanta Georgian

Sunday, July 6, 1913

Dorsey Will Endeavor to Force Defense to Disclose Their Documentary Evidence.

ACT IS COUNTERSTROKE

Frank’s Attorneys Said to Have Affidavits Exonerating Frank and Indicating Conley’s Guilt.

A sensational turn in the Phagan murder mystery, according to one of the attorneys for the defense, will develop next week when Solicitor General Hugh M. Dorsey issues a subpena duces tecum on Attorneys Luther Z. Rosser and Reuben Arnold, citing them to produce all the affidavits they have secured that bear on the crime.

The movement is in the nature of a counterstroke to block the pending subpenas duces tecum filed by the defense, citing the State to produce all the affidavits that have been secured.

The defense strongly maintains that it will win its point and that the prosecution will suffer. The attorneys say that the Constitution of the State clearly outlines the action of the court in such matters—”that the defendant is entitled to be faced with all the evidence against him”—while the prosecution will labor under the handicap that “a defendant is innocent until he is proven guilty.”

Dorsey Is Silent.

While no announcement would be made by Solicitor Dorsey relative to the contemplated subpenas duces tecum, it was intimated by him that such action might be taken at an early date, and that when it was the defense and the prosecution would lock horns in the first decisive battle in the sensational case.

Affidavits that are sought by the defense are the three different sworn statements of the negro, Jim Conley, the affidavit given by the negro cook at the Frank home, Minola McKnight, the Formby affidavit and the affidavit of Monteen Stover, the girl who stated that she entered Frank’s office at a time when he said he was there, and found the office deserted.

The State will seek to obtain affidavits contradicting their theory and placing the crime on the negro sweeper, Jim Conley. These affidavits are said to deal principally with the time different witnesses entered and left the factory April 26, the most vital question in the trial.

Affidavits of Defense.

The defense is said to be in possession of affidavits that show Monteen Stover entered and departed from the factory before Mary Phagan’s car reached the heart of the city; that the negro Jim Conley entered the factory earlier in the day than he said he did, and that he, instead of the indicted pencil factory superintendent, committed the murder, because the superintendent left the factory at least ten minutes before Conley said he helped him dispose of the body, and that the Formby affidavit, a one-time sensational bit of evidence substantiating the defense, was given by the woman at the behest of the police detectives without regard for its accuracy, and that Mrs. Formby has since admitted that she never knew Leo M. Frank or heard of him until he was held as a suspect in connection with the murder.

* * *

The Atlanta Georgian, July 6th 1913, “New Move in Phagan Case by Solicitor,” Leo Frank case newspaper article series (Original PDF)

Phagan Case Centers on Conley; Negro Lone Hope of Both Sides

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

The Atlanta Georgian

Sunday, July 6, 1913

*Editor’s Note: See insert article, “Decisions Which May Aid Defense of Frank”, at the conclusion of this post.

Frank Expects Freedom by Breaking Down Accuser’s Testimony, and State a Conviction by Establishing Truth of Statements.

BY AN OLD POLICE REPORTER.

The developments in the Phagan case have been of late highly significant and interesting.

During the past week, it became evident that the very heart and soul of both the prosecution and the defense is to center largely about the negro, James Conley.

He is at once apparently the hope and the despair of both sides to the contest!

This circumstance, however, while tending to add much to the dramatic and the uncertain, in so far as the outcome is concerned, is not by any means an unusual thing in cases of this kind.

It frequently happens in mysterious murder cases that both the State and the defense must pin their faith to one and the same witness.

Of late there has been some talk of the Grand Jury indicting Conley, even over the Solicitor General’s head, which, of course, it would have a perfect right to do.

The thought occurred to me some time ago that the case might take that direction, but in the article in which that point was discussed, I mentioned it incidentally, rather than as a likely thing.

Indictment may Mean Much.

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Writ Sought In Move to Free Negro Lee

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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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New Audio Book: The American Mercury on Leo Frank – Arnold’s Closing Arguments, part 2

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Reuben Arnold

REUBEN ARNOLD’S closing arguments (part 2) for the defense of Leo Frank — on the charge of murdering his sweatshop employee Mary Phagan — are our presentation this week in our new audio book series, read by Vanessa Neubauer.

This series encompasses the American Mercury’s coverage of the 1913 trial and conviction of Jewish sex killer Leo Frank — a case which was one of the inspirations for the establishment of the Anti-Defamation League (ADL). We will be presenting the extensive arguments, both for the defense and the prosecution, in order and in full — a monumental, book-length project. Today we present the second section of the arguments for the defense, the words of one of the most skilled and formidable Georgia attorneys of his time, Mr. Reuben Arnold.

Mr. Arnold states in his speech:

This case has been made up of just two things — prejudice and perjury. I’ve never seen such malice, such personal hatred in all my life, and I don’t think anyone ever has. The crime itself is dreadful, too horrible to talk about, and God grant that the murderer may be found out, and I think he has. I think we can point to Jim Gonley and say there is the man. But, above all, gentlemen, let’s follow the law in this matter. In circumstantial cases you can’t convict a man as long as there’s any other possible theory for the crime of which he is accused, and you can’t find Frank guilty if there’s a chance that Conley is the murderer. The state has nothing on which to base their case but Conley, and we’ve shown Conley a liar. Write your verdict of not guilty and your consciences will give your approval.

You can follow along with the original text here.

Mr. Arnold also makes a case for Frank — had he been guilty — having no need, except pure honesty, for admitting he ever saw Mary Phagan on that fatal day; adding that “hatred against his [Frank’s] race” was the real reason for Frank’s indictment. He also tries his best to convince the jury that Jim Conley was the real murderer, and a “lustful animal” — one of a thousand Black men in Atlanta “who would assault a white woman if they had the chance.”

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New Audio Book: The American Mercury on Leo Frank – Arnold’s Closing Arguments, part 1

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REUBEN ARNOLD’S closing arguments (part 1) for the defense of Leo Frank — on the charge of murdering his sweatshop employee Mary Phagan — are our presentation this week in our new audio book series, read by Vanessa Neubauer.

This series encompasses the American Mercury’s coverage of the 1913 trial and conviction of Jewish sex killer Leo Frank — a case which was one of the inspirations for the establishment of the Anti-Defamation League (ADL). We will be presenting the extensive arguments, both for the defense and the prosecution, in order and in full — a monumental, book-length project. Today we present the first section of the arguments for the defense, the words of one of the most skilled and formidable Georgia attorneys of his time, Mr. Reuben Arnold.

Mr. Arnold states in his speech:

I’ll tell you right now, if Frank hadn’t been a Jew there would never have been any prosecution against him.

I’m asking my own people to turn him loose, asking them to do justice to a Jew, and I’m not a Jew, but I would rather die before doing injustice to a Jew. This case has just been built up by degrees; they have a monstrous perjurer here in the form of this Jim Conley against Frank. You know what sort of a man Conley is, and you know that up to the time the murder was committed no one ever heard a word against Frank.

You can follow along with the original text here.

Mr. Arnold also denigrates the character of the witnesses who themselves called into question the character of Leo Frank and his behavior towards some of his women and young girl employees.

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Frank Is Willing for State to Grill Him

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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.

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

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

The Atlanta Georgian

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.

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Conley Tale Is Hope of Defense

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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.

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

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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 →