New Frank Evidence Held by Dorsey

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

The Atlanta Georgian

Friday, June 27, 1913

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

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

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

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

Dorsey Has New Evidence.

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Hooper and Goldstein Join Little & Powell

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

The Atlanta Journal

Saturday, June 28, 1913

Former Solicitor of Southwestern Circuit and Popular Atlantlan [sic] Join Firm

Frank A. Hooper, who is to assist the solicitor general in the prosecution in the Phagan case, and M.F. Goldstein, a well known young attorney, will join the law firm of Little & Powell on July 1.

The senior members of the firm are John D. Little and Judge Arthur Powell. After July 1 the firm will be styled Little, Powell, Hooper & Goldstein.

Mr. Hooper served in the southwestern circuit for twelve years as solicitor general, but removed from Americus to Atlanta a few years ago to become general counsel for the Empire Life Insurance company.

In connection with the formation of the new firm, Mr. Hooper states that his new association will in no way affect his connection with the Phagan case, and he will continue to personally assist the solicitor general in the prosecution, while his firm will have no connection with the case.

Mr. Goldstein, the junior member of the new firm, is a graduate of the University of Georgia and of Yale. In four years’ practice here he has established an enviable record at the local bar.

* * *

The Atlanta Journal, June 28th 1913, “Hooper and Goldstein Join Little & Powell,” Leo Frank case newspaper article series (Original PDF)

Gov. Slaton Takes Oath Simply

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

The Atlanta Georgian

Saturday, June 28, 1913

With the simplest ceremonies in the history of the State, marked by the absence of all military display and red tape, John Marshall Slaton becomes Governor of the State of Georgia in the hall of the House of Representatives of the State Capitol Saturday at 12 o’clock noon, succeeding Governor Joseph M. Brown.

The joint committee on inaugural arrangements selected from the memberships of the Senate and the House has conformed to the expressed desires of Governor-elect Slaton in preparing for his induction into office, and there is none of the pomp and excitement attending previous gubernatorial inaugurations. Within an hour or an hour and a half after the ceremonies begin, Governor Joseph M. Brown will have relinquished his office and made preparations to retire to his Cobb County farm, and His Excellency John Marshall Slaton will take his place as head of the State Government.

Governor Slaton will give voice to certain distinct policies of his own in his inaugural address, which also will be his message to the Legislature. He will recommend certain legislation and condemn certain other legislation, but there will not be that tense, nervous feeling that usually characterizes a change of administration, though it be usually hidden behind a mask of pomp and display.

Great Crowds Attend.

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Lanford and Felder Are Held for Libel

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

The Atlanta Georgian

Friday, June 27, 1913

Grand Jury Indicts Lawyer and Head of Detectives for Attacks on Each Other.

Three indictments charging criminal libel were returned Friday by the Grand Jury against Colonel Thomas B. Felder, the Atlanta attorney, and Newport Lanford, Chief of Detectives, who accused each other of most everything in the category after the famous dictograph episode. There are two bills against Felder and one against Lanford.

The two men will be placed under bond and will be tried in the Fulton County courts under the misdemeanor act for unlawfully and maliciously accusing each other, according to the true bills.

The penalty for conviction of a misdemeanor is six months in the county jail, twelve months in the penitentiary, a fine not exceeding $1,000, either or all three.

Colonel Felder appeared at the Solicitor’s office about 2 o’clock and furnished the $500 bond required. Chief Lanford had not been located at that time, but was expected to do likewise.

The accusation against both men is based on recriminations issued against each other and published in the Sunday newspapers of May 25 and June 8.

In those statements Colonel Felder attacked Lanford bitterly, hurling a line of invectives that the greatest of the Roman orators might have envied. He attacked Lanford’s private and public character, accusing him of “hideous crimes.”

Lanford in Full Denial.

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Many Experts to Take Stand in Frank Trial

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

The Atlanta Georgian

Sunday, June 29, 1913

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

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

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

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

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

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

Blood Stains Important.

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State Secures New Phagan Evidence

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

The Atlanta Georgian

Saturday, June 28, 1913

[HOOPER SECURES NEW EVIDENCE FROM CONLEY]*

[NEW FACTS GIVEN BY NEGRO]

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

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

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

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

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

Hooper Mum on Topic.

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

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

The Atlanta Georgian

Sunday, June 29, 1913

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

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

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

By An Old Police Reporter.

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

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

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

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

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

Continue Reading →

Conley Tale Is Hope of Defense

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

The Atlanta Georgian

Monday, June 30, 1913

DEFENSE PLANS TO TEAR DOWN CONLEY TALE*

* This headline appeared on Page 3 of the Georgian.

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

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

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

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

Continue Reading →

Lanford and Felder Indicted for Libel

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

The Atlanta Constitution

Saturday, June 28, 1913

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

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

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

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

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

Felder Will Not Talk.

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Hooper Sees Conley for the First Time

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

The Atlanta Journal

Friday, June 27, 1913

Attorney Who Will Aid Solicitor Hears Negro Sweeper Recite His Story

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

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

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

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

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

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

Col. Felder and Chief Lanford Indicted

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

The Atlanta Journal

Friday, June 27, 1913

GRAND JURY RETURNS BILLS AGAINST EACH; THE CHARGE IS LIBEL

Cards Written by Chief of Detectives and Attorney and Published in the Atlanta Newspapers Form the Basis

TWO BILLS FOUND AGAINST FELDER, ONE ON LANFORD

Both Men Who Have Criticised Each Through Atlanta Press Must Face Jury on Criminal Libel Charge

The Fulton county grand jury on Friday returned two true bills against Colonel Thomas B. Felder, lawyer, and one bill against Chief Newport A. Lanford, of the city detective department, all bills charging libel.

The action of the grand jury insures the airing of Colonel Felder’s charges against Chief Lanford and of Chief Lanford’s charges against Colonel Felder in open court, and in effect it puts it up to each man to prove his charges against the other or to stand convicted of criminal libel.

The two famous cards of Colonel Felder, printed in the Atlanta newspapers of May 26 and June 8, in which the attorney flayed the detective, form the basis for the indictments against the lawyer.

The bills charge that each man “unlawfully, wantonly, maliciously and with malice aforethought caused to be published the articles in question, with the intent to falsely villify and blacken the character of the other and to prejudice before the public the honesty, the integrity, the virtue and the reputation of the other.”

The indictments charge that the statements made by each man against the other were disgraceful, false and malicious.

The grand jury consider the three bills for less than an hour, and returned the true bills on the testimony of three newspaper men who testified simply that the articles in question were signed and given out for publication by the two men against whom the indictments were returned. The three witnesses were M. D. Colfine, Sidney Ormond and W. P. Flythe.

WHAT FELDER SAID.

In his open letter to Chief Lanford, bearing date of June 7 and published in the Sunday morning papers of June 8. Colonel Felder begins by saying: “I shall now proceed to redeem the pledge heretofore made to lay bear through the columns of the papers your infamous career in the maladministration of the affairs of the official position which you disgrace and dishonor.” Continue Reading →

Seeking For a Phagan Suspect in Macon?

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

The Atlanta Journal

Friday, June 27, 1913

(Special Dispatch to The Journal.)

MACON, Ga., June 27.—Two members of the Atlanta detective department left Macon last night after searching all the week her for a negro who is thought to be connected with the Phaga [sic] murder in Atlanta last April. A white woman was arrested here and put through an examination, but she could give no evidence against parties now under arrest for the crime.

When acquainted with the contents of the above dispatch Detective Chief N. A. Lanford stated that none of his men had been to Macon and that he had no knowledge whatever of any investigation being made there relative to the Phagan murder.

* * *

The Atlanta Journal, June 27th 1913, “Seeking For a Phagan Suspect in Macon?,” Leo Frank case newspaper article series (Original PDF)

Stover Girl Will Star in Frank Trial

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

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

The Atlanta Georgian

Thursday, June 26, 1913

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

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

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

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

Girl Star Witness.

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

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

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

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

Adds to Mystery.

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

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

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

The Atlanta Journal

Thursday, June 26, 1913

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

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

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

And, then, there is one great big reason.

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

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

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

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

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

EVERYBODY WAS PLEASED.

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

Said the court with the usual dignity:

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

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

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

To Hold Frank Trial in the Old City Hall

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

The Atlanta Journal

Thursday, June 26, 1913

Case Will Be Heard in Courtroom Now Used by Judge Pendleton

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

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

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

* * *

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

Conley, Put on Grill, Sticks Story

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

The Atlanta Georgian

Wednesday, June 25, 1913

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

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

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

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

Want Clearer Statement.

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

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

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

Sticks to His Story.

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

Trial of Leo Frank Postponed by Judge

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

The Atlanta Constitution

Wednesday, June 25, 1913

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

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

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

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

Where Trial Will be Held.

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

Reported Hoke Smith May Aid Leo Frank

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

The Atlanta Constitution

Wednesday, June 25, 1913

Rumor He Will Appear for Defense Emphatically Denied, However, by Senator.

By John Corrigan, Jr.

Washington, June 24.—Reports that Senator Hoke Smith will be associated with Luther Rosser and other lawyers for the defense in the trial of Leo M. Frank for the murder of Mary Phagan were current here today.

These reports followed the visit to Washington on last Saturday of Luther Rosser, leading counsel for Frank and Ike Haas, president of the National Pencil company, which employed Frank as superintendent of the factory.

Investigate Early Life.

Mr. Rosser and Mr. Haas were on their way to Brooklyn to consult with the parents of Frank and endeavor to learn everything possible of his early life and associates. They called at the capitol to see Senator Hoke Smith, and according to reports later, went to his house and induced him to go to New York with them to talk over the matter further.

It is understood they had great difficulty in inducing Senator Smith even to consider the matter. He stated that his work here would be so engrossing for the next few months he could not think of undertaking any legal employment. It is said a big amount was offered him if he would aid the defense.

When seen today and asked about the matter, Senator Smith made an emphatic denial that he would be associated with Frank’s counsel, or even that he had been asked to do so.

Senator Denies Report.

“The report is absolutely unfounded,” he said. “I have all I can do here for the next few months with the tariff and currency questions.”

“Did you see Mr. Rosser and Mr. Haas when they were here?” he was asked.

“I heard they were in the senate gallery one day last week, and they sent in cards to me, but I missed them.”

“Did you accompany them to New York?”

“I did not.”

“Will you be connected with the case?”

“No; most certainly not. I am too busy here to undertake any outside work.”

* * *

The Atlanta Constitution, June 25th 1913, “Reported Hoke Smith May Aid Leo Frank,” Leo Frank case newspaper article series (Original PDF)

Both Sides Are Ready for Trial of Frank

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

The Atlanta Journal

Wednesday, June 25, 1913

Few Developments Expected Between Now and July 28, Conley Is Grilled

The statements made by Solicitor General Hugh M. Dorsey and by Reuben R. Arnold and Luther Z. Rosser, the counsel for the defense before the postponement of the trial of Leo M. Frank from June 30, the date set by the solicitor, to July 28, indicate very strongly that neither side expects further developments of importance in the investigation.

Mr. Dorsey told the court that his case was complete and that he was ready for trial. All of the statements by Attorneys Arnold and Rosser indicate that they also have completed the preparation of the defense and are ready for the court fight.

One of the most interesting of the statements made by counsel was that of Mr. Arnold, who said that it would take two weeks to try the case, showing that the defense will have many witnesses, and will come to court prepared to fight every inch in the case.

The action of the defense in demanding through subpoenas duces tecum practically all of the affidavits of importance which have been made the detectives during the Phagan investigation seems to bear out the theory published in The Journal that the defense will consist of the corroboration of Frank’s story as told at the inquest by a number of witnesses, and of an effort to establish, largely by the detectives themselves, the thory [sic] that the negro James Conley is guilty of the crime with which Frank is charged.

It is certain that Conley’s story will be attacked through his many varying affidavits, and much evidence to assist Frank will be brought out through the city detectives, who charge him with the crime.

The substance of all of the affidavits demanded by the defense is known. Conley’s varying affidavits have long formed one of the sensations of the case. Miss Grace Hix, it will be remembered, identified Mary Phagan’s body, while Miss Monteen Stover declares that she came to the pencial [sic] factory of the date of the tragedy at 12:05 o’clock and found no one in the office, not even Frank, who had testified that he was there at that hour. Continue Reading →

Both Sides Called in Conference by Judge; Trial Set for July 28

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

The Atlanta Georgian

Tuesday, June 24, 1913

Dorsey, Beavers and Lanford Summoned to Appear June 30 With All Affidavits They Have Secured Relative to the Phagan Slaying Case.

Just before the conference with both sides in the Frank case started Judge Roan intimated strongly that he would set the case for July 14 or July 28 and hold it in some more commodious court room than the one in which he sits on the fourth floor of the Thrower building. Judge Roan’s personal inclination leans to a date in July, and it is not likely that the State or defense will object to acceding to his wishes.

The date was definitely fixed for July 28 at the conference.

The first important legal move by the defense in the battle for the life and freedom of Leo Frank, accused of the strangling of Mary Phagan, was made Tuesday in the issuance of subpenas duces tecum for the prime movers in the prosecution of the factory superintendent.

The following have been subpenaed to appear:

Solicitor General Hugh M. Dorsey, who will prosecute the prisoner.

Chief of Police James L. Beavers, who was the leader in obtaining incriminating affidavits.

Pinkerton Detective Harry Scott, to whom is generally given credit for the admissions gained from Conley.

All other city detectives who have worked on the case.

All of them are ordered to produce any affidavits they may have bearing on the case in court June 30, indicating that the defense will be prepared to go on with the trial at that time.

Judge Roan, however, had called a conference of the attorneys on both sides of the case for 2 o’clock in the afternoon, when he announced that he would set the date definitely after the attorneys had been given an opportunity to say whether or not their cases would be in shape to present if the trial were called the last of this month.

Plan to Use Same Evidence.

The startling move on the part of the defense was taken to mean that Frank’s lawyers propose to use to free their client the very evidence the detectives and Solicitor General have collected to send him to the gallows.

The most significant demand is made upon Chief Beavers, who is commanded to bring into court the famed series of affidavits made by the negro sweeper, Jim Conley. It is evident that Attorneys Rosser and Arnold, who are conducting the defense, intend to tear the contradictory stories of the negro to tatters and make his statements so utterly ridiculous and improbable that the jury not only will refuse to accept them, but will interpret them as an effort of Conley to get from under the blame for a crime that he committed himself. Continue Reading →