Author Archives: Curator

Liberty for Newt Lee Sought

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

The Atlanta Georgian

Saturday, July 5, 1913

Writ to Free Watchman From the Tower Will Be Filed—State to Oppose Liberation.

The prosecution will fight an entirely new angle in the Phagan case Saturday morning when Barnard [sic] L. Chappell, attorney for Newt Lee, the negro night watchman, files a writ of habeas corpus for the release of the negro from the Tower, where he is being held without any charge against him.

Solicitor General Hugh M. Dorsey will ask the courts to hold the negro as a material witness for the State, or may charge him with being an accessory. He was determined Friday to take no chances on so important a witness getting out of his control, as he feared the negro might get beyond the jurisdiction of the courts if given his liberty.

Attorney Chappell and Solicitor Dorsey had agreed, when the negro was committed to jail, to keep him there until the trial. Chappell notified Dorsey Wednesday that he wished to withdraw from the agreement and get his client freed.

Chief Discounts Conley Rumor.

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Unbiased in the Flanders Case, Says Slaton

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

The Atlanta Georgian

Saturday, July 5, 1913

New Governor Declares He Will Take Action After Hearing All Sides.

Governor Slaton has formed no opinion in the famous McNaughton-Mattie Flanders murder case, and says he will make no decision until he has heard all sides. The new Governor says he has not talked to the former Governor about the case. He will hear, he said, all arguments without prejudice.

It is known that the hopes of McNaughton’s friends for commutation of sentence, if not pardon, have been greatly strengthened now that Governor Slaton is in the executive office.

The statement, made time and again, to the effect that Mrs. Mattie Flanders, alleged co-conspirator with Dr. W. J. McNaughton, never will be tried, has been renewed now that Governor Brown, who stood so long between Dr. McNaughton and the gallows, has been succeeded.

It was said months ago to be the purpose of those urging that the law be permitted to take its course against Dr. McNaughton to kick the case along from one court to another until a change in administrations had been effected in Atlanta. Governor Brown let it be known all along that he would not permit Dr. McNaughton to hang so long as the case against Mrs. Flanders remained undisposed of.

Waiting Game Played.

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Application for Lee’s Release Delayed

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

The Atlanta Georgian

Saturday, July 5, 1913

Watchman’s Lawyer Says He Will Await Return of Dorsey Before Filing Habeas Corpus.

On account of the absence form the city of Prosecuting Attorney Hugh M. Dorsey, Bernard L. Chappell, attorney for Newt Lee, announced Saturday that he would not file a writ of habeas corpus until Monday. He claims in the petition for the release of the negro that Lee is being held unlawfully and without any charge against him.

Solicitor Dorsey left for his country place at Valdosta, Ga., Saturday morning. He will return Monday.

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Drop Ninth in Police Scandal

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

The Atlanta Georgian

Saturday, July 5, 1913

Charges Preferred Against Another Patrolman and Suspension Is Near.

Atlanta’s police scandal was revived Saturday by the preferring of charges against another member of the police force. His suspension by Chief of Police James L. Beavers is expected to follow within a few hours.

The subject of the accusations is the ninth policeman involved in the scandal. Chief Beavers would not make public the man’s name until formal order of suspension was made.

The charges against the majority of the policemen are they they frequented the notorious negro resort in the rear of 127 Auburn Avenue and that certain of the men were in the habit of drinking there. The place has no license and one of the officers, against whom there was no evidence of drinking, was charged simply with permitting the place to run without reporting it.

With the preferring of the ninth set of charges came the information that R. A. Wood, the policeman who tendered his resignation as soon as the story of his alleged visits to the resort was made public, had sold all his household belongings and moved from the city.

Officers who went to serve notice of the trial before the Police Commission next Tuesday night were met with the information that he had moved with his family to Texas.

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The Atlanta Georgian, July 5th 1913, “Drop Ninth in Police Scandal,” Leo Frank case newspaper article series (Original PDF)

Lee’s Lawyer Expects Delay in Frank Case

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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.

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

Lee’s Attorney Seeks to Gain His Release

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The Atlanta Journal

Friday, July 4, 1913

It was reported Thursday morning that Bernard L. Chappell, attorney for New [sic] Lee, the negro watchman held in connection with the Mary Phagan case, would take steps to release him from jail by swearing out a writ of habeas corpus.

Attorney Chappell is said to have come to the conclusion that Lee knew nothing about the case other than finding the body and that the state has no right to hold him.

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The Atlanta Journal, July 4th 1913, “Lee’s Attorney Seeks to Gain His Release,” Leo Frank case newspaper article series (Original PDF)

New Testimony Lays Crime to Conley

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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

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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.

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

Police Chief to Probe Vice Protection Charge

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The Atlanta Journal

Thursday, July 3, 1913

Beavers Stirred by Details Reported by Physician—Assigns Men to Report

Following the charges of a prominent Atlanta physician regarding vice conditions and alleged police protection in this city, Chief of Police Beavers despatched an officer to confer with this physician Thursday morning.

The officer will endeavor to obtain even more information than has been furnished the chief and will try to substantiate that already given. He will pay especial attention to the statement of the physician that he reported a disorderly house to the police and that the proprietors of it were “tipped off” by some officer.

Chief Beavers is concerned over this phase of the question. He admits that there must be something in the charges, as the source of his information is reputable.

“It is a grave charge,” he declared Thursday morning. “I am satisfied that Atlanta’s police department is as free of anything like giving protection to vice as any in the United States, yet it is entirely possible that there are some men in it who would ‘graft.’ If there are I want to know more than anyone else, for it is not fair for the department’s reputation as a whole to suffer for what can be traced to a few individuals.”

The alleged disorderly houses reported to the chief are being watched closely, but he said that no evidence against them had been obtained yet.

Sergeant L.S. Dobbs, who has been investigating the locker clubs to see if they had any members of the police departmet [sic] enrolled, has finished his work and reported to the chief that he was unable to find any police members. He said that there are a number of local fraternal organizations with police members, and that these orders have locker club attachments, but that so far as he could learn no policemen were in the habit of using them.

Chief Beavers declared that there was nothing wrong with an officer belonging to a fraternal order, provided he did not use his membership for anything other than fraternal purposes.

Chief of Detectives Lanford declared Thursday morning that he had taken steps to investigate the charges made by the physician that several of his men had been seen drinking in two downtown locker clubs.

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The Atlanta Journal, July 3rd 1913, “Police Chief to Probe Vice Protection Charge,” Leo Frank case newspaper article series (Original PDF)

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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Attempt by Colyar To Disbar Felder Is Halted; Tries Again

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The Atlanta Georgian

Thursday, July 3, 1913

A petition filed Tuesday with the Clerk of the Superior Court by A. S. Colyar, Jr., asking for the disbarment of Colonel Thomas B. Felder from the practice of law in Georgia, has been withdrawn by Colyar on information that he first must submit his petition to the court for the determination of whether his grounds are sufficient to warrant an investigation and trial by jury.

Colyar said Wednesday he would apply for a rule nisi. Until this is done there can be no action on his petition. The petition includes as reasons for the disbarment of Colonel Felder the alleged irregular practices of which Colyar accused Colonel Felder in the sensational dictograph conversations furnished by Colyar to the police.

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The Atlanta Georgian, July 3rd 1913, “Attempt by Colyar To Disbar Felder Is Halted; Tries Again,” Leo Frank case newspaper article series (Original PDF)

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

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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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Findings in Probe are Guarded

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

The Atlanta Georgian

Wednesday, July 2, 1913

No Indication Given of Results of Investigation of Reports of Disorderly Houses.

The result of the Grand Jury’s sensational vice probe of a few weeks ago will be made known Wednesday when the presentments are returned to Superior Judge W. D. Ellis, who two months ago charged that an extensive investigation be made.

Save when an indictment was returned against Police Commissioner W. P. Fain, which charged him with keeping a disorderly house and beating one of the women inmates, no inkling of the general trend of the probe got beyond the closed doors of the jury room.

When the probe first started the jury expected it to be completed in a day. It took a sensational turn when Colonel Thomas B. Felder charged Chief of Detectives Newport Lanford and his detectives with openly protecting vice, and the attorney stated he could submit to the jury a “vice list” that would “stand Atlanta on its head.”

List Given to Jury.

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Facts Do Not Indicate Indictment of Conley

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

The Atlanta Journal

Tuesday, July 1, 1913

Rumor About Negro in Phagan Case Not Confirmed—Grand Jury Is Through

The publication to the effect that the negro sweeper, Jim Conley, probably would be indicted by the Fulton county grand jury for the murder of Mary Phagan, is apparently without any justification.

The grand jury, according to its foreman, Lewis H. Beck, will make its presentments to the court Wednesday morning and in all probability will be discharged then.

It is not likely, therefore, that the jury will consider any further bills. Mr. Beck declined to comment on the publication and referred the reporter to the solicitor.

As Solicitor Dorsey is known to be opposed to an indictment of Conley at this time, there seems to be no basis for the report that the case will be taken up.

Solicitor General Hugh M. Dorsey vigorously asserted Tuesday afternoon that no attempt had been made by the grand jury toin dict [sic] the negro Conely [sic] for the murder of Mary Phagan nor had any suggestion been made by the jurymen in this direction.

He said positively that he had heard of no intention on the part of jurors to go over his head in the Conley matter.

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The Atlanta Journal, July 1st 1913, “Facts Do Not Indicate Indictment of Conley,” Leo Frank case newspaper article series (Original PDF)

“No” Bill Is Returned Against A. S. Colyar

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The Atlanta Georgian

Tuesday, July 1, 1913

Grand Jury Declines to Indict Colyar for Reply to Attack of Colonel Felder

[…]charging A. S. Colyar, of Nashville, with libel, the Fulton county grand jury at its session on Tuesda ymorning [sic] refused to indict the Tennessean, returning a “no bill” in the case. Mr. Colyar has been in the limelight recently as a principal in the sensational dictograph episode, and has been engaged in a heated controversy with Colonel Thomas B. Felder.

The Tennessean was charged specifically with libelling Mr. Felder in a card published over his signature in The Journal of June 8, in which he excoriated the Atlanta lawyer.

The grand jury had the bill drawn of its own initiative, it is said, and considered it Tuesday morning. The only witness called before the grand jury was John Paschall, city editor of The Atlanta Journal.

In answer to questions of the grand jurors, Mr. Paschall stated that the card was furnished for publication by Mr. Colyar. Colyar has been given an opportunity to reply to an attack on his character, which Mr. Felder had embodied in a card, addressed to the editor of The Journal and which was published on the same day, the newspaper man told the jury in answer to further questions.

Attached to the bill, which was drawn against Mr. Colyar, was a copy of his card.

The grand jury was in session more than an hour considering the bill, before its decision not to return an indictment was reached.

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The Atlanta Georgian, July 1st 1913, “”No” Bill Is Returned Against A. S. Colyar,” Leo Frank case newspaper article series (Original PDF)

May Indict Conley in Phagan Case

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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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Colyar Indicted as Libeler of Col. Felder

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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

Grand Jury Develops Sensational Sequel to Famous Dictograph Scandal.

A. S. Colyar, Jr., dictographer of Colonel Thomas B. Felder, Mayor Woodward and C. C. Jones, was indicted by the Grand Jury on the charge of criminal libel Tuesday forenoon.

Colyar is the man who sought to trap Colonel Felder by means of the dictograph into offering a bribe of $1,000 for certain affidavits in the Phagan case in the possession of the police. The dictograph records as furnished an afternoon newspaper by Colyar contained the offer.

Colonel Felder swore the records were padded. Largely on Colonel Felder’s representations, the indictment was procured. John Pascal, of The Journal, was the only witness called by the Grand Jury in considering Colyar’s case.

Chief of Detectives Lanford and Colonel Felder, indicted last week by the Grand Jury, obtained their freedom by making a $500 bond. It was expected that the same bond would be imposed upon Colyar.

Much of the time Tuesday was occupied by members of the Grand Jury in probing into police affairs. Without calling any witnesses, the scandal which has shaken the department was given serious consideration for nearly two hours. The result of the discussion was not made public.

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The Atlanta Georgian, July 1st 1913, “Colyar Indicted as Libeler of Col. Felder,” Leo Frank case newspaper article series (Original PDF)

Colyar Not Indicted On Charge of Libel

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The Atlanta Georgian

Tuesday, July 1, 1913

The Fulton County Grand Jury returned no bill against A. S. Colyar, Jr., Tuesday forenoon on the charge of criminal libel.  Colyar came into prominence a few weeks ago by dictographing Colonel Thomas B. Felder, Mayor Woodward and C. C. Jones in Williams House No. 2.

Colyar is the man who sought to trap Colonel Felder by means of the dictograph into offering a bribe of $1,000 for certain affidavits in the Phagan case in the possession of the police. The dictograph records as furnished an afternoon newspaper by Colyar contained the offer.

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The Atlanta Georgian, July 1st 1913, “Colyar Not Indicted On Charge of Libel,” Leo Frank case newspaper article series (Original PDF)

May Indict Conley as Slayer

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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

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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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