Sunday, 20th July 1913 Frank’s Lawyers Score Dorsey For His Stand

Reading Time: 19 minutes [3228 words]

Luther Rosser and Reuben

Arnold Declare He is Go-

ing Out of His Way to Dic-

tate to the Grand Jury.

EXCEEDS PROVINCE

OF SOLICITOR GENERAL

Grand Jury Will Meet at 10

O'Clock Monday Morning

to Take Up Conley Case.

Call Is Sent Out.

In reply to Solicitor General Hugh M. Dorsey's statements in regard to the proposed indictment by the grand jury of James Conley, the negro who has confessed complicity in the murder of Mary Phagan, Attorneys Reuben R. Arnold and Luther Z. Rosser issued a statement Saturday afternoon in which they openly attacked the stand taken by the solicitor in protesting against the indictment of the negro.

That the solicitor is exceeding his legal functions as a state officer is one point that the lawyers defending Leo M. Frank made in their statement, and they also severely criticize the solicitor for his detective work in the Phagan murder.

The card also contains a reference to the statement made in The Constitution Saturday morning by Attorney William M. Smith, representing the negro Conley. The card of the Frank defense takes Attorney Smith to task for rushing to the aid of the solicitor.

Solicitor General Dorsey also issued a statement in which he declared that he no more believed that the grand jury, when it meets Monday, would indict James Conley than he believes that Judge J. T. Pendleton will accede to the request of Frank attorneys to draw the venire for the trial jury from the box containing names of grand veniremen.

Roan Out of City.

Judge L. S. Roan, who is it to preside of the trial of Frank, which takes place next Monday, a week from tomorrow, will be out of the city during the greater part of this week and as requested Judge Pendleton to draw the veniremen for the trial.

It became known that Judge Pendleton had been requested by the defense to select the veniremen from the grand jury box instead of from the regular petit jury box, and Solicitor Dorsey immediately protested to both Judge Pendleton and Judge Roan.

There are something like 500 names in the grand jury list, and these men are presumably of a decidedly higher mass of citizenship than the average among the list of those to be used on trial juries. The Frank defense, in that these men be the ones from whom the jurors would be selected, are said to have been working on the theory that a higher class and more intelligent set of men would thus be secured.

Solicitor Dorsey stated, however, that such action would be irregular, and that he was opposed to it. He declared that so far everything connected with the case had been done in the regular way, and that he wished no departure from this, or for Frank to be treated differently from scores of others who have gone on trial for their

When Solicitor Dorsey was pressed for his reasons for stating that he did not believe that Conley would ever be indicted by the grand jury, he declined to enter into an explanation of this.

"Under the situation and considering the circumstances," he said, "I do not believe that this grand jury or any other would indict the negro."

Does Not Expect Indictment.

"Do you mean to indicate that the grand jury may return a no' bill against the negro?" he was asked.

"Well, I'm not discussing that any

Continued on Page Two.

PAGE 4, COLUMN 4

FRANK'S LAWYERS

SCORE DORSEY

Continued From Page One.

farther," he replied, "but I don't expect Conley's indictment to result from the meeting."

The grand jury will meet at 10 o'clock Monday morning to take up the investigation of Conley's connection with the case. A call was sent out Friday afternoon by the foreman, who gave the directions after the solicitor had flatly refused to issue the call.

W. D. Beatie, a real estate operator, who is foreman of the grand jury, also stated to the solicitor that the grand jury wished him to be on hand Monday.

That the solicitor will make every effort to have the grand jurors reconsider their action in investigating Conley's connection with the case is not denied by the solicitor himself, and it is expected that the warmest fight that ever occurred in a grand jury room in Georgia will take place Monday when the question comes up.

It is said that several of the members are desirous of following the wishes of the solicitor and letting Conley's case alone until the disposition of the indictment against Frank, whom he accuses, and the struggle between the two factions of the grand jury is expected to be a long and hot one before a decision is made.

The statement issued by the attorneys for Frank's defense is in full as follows:

Statement of Attorneys.

"Counsel for Leo M. Frank have refrained from making a statement for the papers except under strong provocation. Clearly counsel on both sides should refrain from any comment or criticism on any action of the grand jury to be taken at its meeting next Monday, which might tend to hamper or limit the grand jury in their action upon the Conley case.

"The grand jury is an independent body; it is under the control of no one."

"A solicitor general is the advisor of that body as to legal principles merely, but he has no right to exercise any sort of control in determining who shall or shall not be indicted."

"To permit a solicitor general to use the position entrusted to him by the people, to decide for himself who shall and who shall not be indicted, is a danger too great to be contemplated."

"With this preliminary statement we reluctantly make a reply to Solicitor Dorsey's interview in this morning's paper."

"It is rather remarkable that the solicitor general and a person admitting complicity in a grave crime should get together in such harmonious concert of action as these two interviews show. Mr. Dorsey admits that the indictment of Conley will have only a mild but undesirable effect on the state's case against Leo M. Frank."

"Ought the solicitor general for one moment to be influenced in his advice to the grand jury by any consideration of the effect upon anybody's case?"

"It is not our understanding that the grand jury is organized to aid the solicitor general in his management of cases in court; their function is a higher one. They investigate every case of probably guilt and return an indictment. It could just as well be argued that the indictment of Frank might have had a mild but undesirable effect on Conley's case, in case Conley had been first indicted."

"The position of the solicitor general in this case has, from the beginning, been most remarkable. It has been heretofore understood that the solicitor was to try cases sent to him by the grand jury, but in this case, detective-like, the solicitor is seeking to determine who shall be indicted. Forgetting his legal and constitutional functions, he is undertaking to control the action of the grand jury."

"The citizens of this county elected Mr. Dorsey as solicitor general, but Mr. Dorsey has mistaken the purposes of his election. Evidently he believes that he was elected to be also the grand jury."

"The solicitor general does his duty when he tries to the best of his ability cases sent him by the grand jury. The solicitor falls far below the dignity of his office when he inflames public opinion, thereby inducing a conviction, innocent or guilty."

"The solicitor has closed his eyes to these plain truths and has rushed into print, day by day, proclaiming the guilt of Frank and the innocence of this negro, apparently for no purpose but to convict Frank, innocence or guilty, for the gratification of his professional pride."

"The solicitor has closed his eyes to these plain truths and has rushed into print, day by day, proclaiming the guilty of Frank and the innocence of this negro, apparently for no purpose but to convict Frank, innocent or guilty, for the gratification of his professional pride."

"So far has the state's counsel forgotten the function of a prosecuting which is only to ascertain the truth and convict the guilty, that Mr. Dorsey's detective assistant, Chief Lanford, in an interview in this morning's paper, uses the following language as to the Pinkerton Detective Scott, and Lanford's refusal to allow him to see Conley: We did not want to embarrass Scott by requesting him to keep silent and did not risk the probability of letting new developments reach Frank's attorneys, therefore we were forced to prevent him from seeing the negro.'"

Why So much Fear?

"It seems, therefore, a matter for great endeavor on the part of the state, as the solicitor and his associate detective sees it, to keep whatever facts they rely upon to convict Frank, from the defendant and his attorneys and the public."

"If the facts in the solicitor's possession were the truth, why so much fear as to letting them out? Is it possible that the effort is to ambush the defendant by the proof of circumstances on the trial, which he has no opportunity to meet or explain? Is it possible that the state's object is to keep the defendant in the dark as to the state's evidence and to go conduct its case that he will have no opportunity to know the facts relied upon to convict him, and no opportunity to clearly meet them and disprove them, if they be false?"

"The solicitor has undertaken in this case to hold certain witnesses in custody. He undertook to do this in the case of the negro Conley; but so fearful was he that the negro might dare to tell all he knew, that he went through the farce of requesting the superior court to no longer incarcerate Conley and to discharge him, and immediately upon obtaining this order of discharge, he went through the greater farce of having him loosed upon the street and then immediately and illegally returning him to the city station house, where he now is carefully watched, counselled and interviewed by the solicitor, his assistant, Mr. Hooper, and his detective assistants."

"We have no criticism of the former grand jury, but some things happened before it, as reported, that tend at least to provoke serious inquiry:"

"When Leo M. Frank's case was before the grand jury and in the midst of it, Conley made his first confession, forced thereto by the discovery that he could write. It was suggested to the solicitor that this confession be brought to the grand jury's attention. That would have been a fair thing to do. It was not done, and rumor has it that Mr. Dorsey directed that it be not done."

"One other thing is almost incredible, according to the public prints, when the solicitor wanted a vacation he was so afraid that the grand jury might act in his absence that he sought to extract a promise from these sworn servants of the state not to indict in his absence."

"When before was it ever suggested to a grand jury that they must await the termination of a pleasure trip before they should indict in any case where indictment was necessary?"

"Little need be said in reply to lawyer W. M. Smith's interview given in support of the solicitor's petition."

Relies on Smith.

"It is remarkable that the solicitor has to rely for support upon an argument made by Conley's counsel. It is, however, appropriate that he should bolster up the solicitor as he depends mightily upon the solicitor to protect his negro Conley. Conley's counsel realizes who is Conley's friend and rushes in print to his rescue."

"We are publishing this interview neither in an effort to have Conley indicted nor in an effort to have him not indicted. That is a matter solely for the grand jury. We are not making any appeal to them or to anybody else as to the effect Conley's indictment would have on the Frank case. So far as we are concerned we feel that the failure of the solicitor general to secure an indictment against a confessed accessory to the crime of murder would make far more capital in favor of Frank upon his trial than if he were indicted. We think any jury, and we think any community would resent the rank favoritism shown this confessed criminal."

"LUTHER Z. ROSSER,

"LUTHER Z. ROSSER,"

Statement by Conley's Lawyer.

"This Phagan case certainly has its surprises," said Attorney William M. Smith, Conley's lawyer. "The grand jury breaking all known precedents, setting a new pace in Georgia criminal procedure, and now comes the remarkable proposition to disqualify five thousand good honest citizens of this county from service upon the jury in this case. It is said there are six thousand citizens of this county who are considered by our jury commissioners to the sufficiently honest and upright' to serve upon our juries and pass upon the question of the guilt or innocence of Mr. Frank. This would be much easier if the list was only 1,000 instead of 6,000 to work up. This is strange news, that in a county such as ours of more than 200,000 population, only 1,000, composed mainly of our wealthier class, are considered sufficiently honest' and upright,' by this man, to try his case."

"Conley is not begging to be shielded. All he asks is a square deal, and he ought to have it. Let them both render account for their part in this brutal murder before juries selected regularly from the 6,000 honest jurors of this county and not from any select' juror class. It took twelve virginia farmers to give a rich white man named Beattie justice in Virginia, and I doubt if any one of them was in the grand jury box of their county."

"As to indicting Conley at this time, I have looked over the list today, and I know too many honest men on the grand jury to believe that it will be done, without some fight. Frank may have sufficient friends and influence to put it over, but we will wait and watch the line-up."

PAGE 4, COLUMN 5

MRS. NINA FORMBY WILL

NOT RETURN FOR TRIAL

Woman Swore That Leo M.

Frank Tried to Engage Room

on Night of Murder.

Mrs. Nina Formby, who signed an affidavit in the Frank case in which she swore the superintendent had endeavored to engage a room at her house, 400 Piedmont avenue, during the Phagan murder night to which he might bring a girl, has fled to Chattanooga, and will not appear at the coming trial on July 28. This announcement was made to a Constitution reporter last night by the woman's legal representative, John Gossett. Gossett states that she is fearful of facing cross-examination on some phases of her story.

A letter has been placed on filed in Gossett's office in which the Fromby woman asks for a continuance of a trial in which she will be arraigned before a justice court. August or September are the months to which she asks the case be put. The letter says that she will not be in Atlanta until that time. She has obtained a position in the Tennessee city, she says, and intends making Chattanooga her future home.

At first it was intimated that the state would put credence in the affidavit, but on account of the woman's character, it was later considered of but little value.

PAGE 5, COLUMN 3

QUITS SCHOOL ROOM

TO TAKE UP THE LAW

Mr. Hugh Howell, who has for several years occupied the chair of instructor of science in the Marietta High school and who has been in the meantime studying for admission to

H. H. HOWELL

the bar, has recently removed to Atlanta, where he has formed a connection for the practice of his profession with the firm of Dorsey, Brewster, Howell & Heyman.

Mr. Howell, after his graduation at Emory, taught school in Ware county and was subsequently identified with the faculty of the Marietta High school.

He is a young man of fine character and ability, endowed with the faculty of making friends and all of his associates predict for him a remarkable success in the new calling he has chosen.

PAGE 17, COLUMN 2

Professional Cards.

P. H. Brewster. Albert Howell, Jr.

Hugh M. Dorsey. Arthur Heyman.

Dorsey, Brewster, Howell & Heyman,

Attorneys-at-Law.

Offices: 202, 204, 205, 206, 207, 208, 210,

Kiser Building, Atlanta, Ga.

Long Distance Telephone 3023, 3024

And 3025, Atlanta, Ga.

PAGE 45, COLUMN 5

PUBLIC COMFORT PLAN

GETS STRONG BACKING

Plans For $10,000 Structure In

Heart of City Drawn By

Haralson Bleckley.

Judged by the number of citizens endorsing the movement, Atlanta should soon have her longed-for public comfort. Tentative plans have been drawn by Haralson Bleckley, architect, and submitted to L. C. Green, chairman of the chamber of commerce committee and approved.

This committee has been actively working on the matter for the past few months, and has received hundreds of endorsements by mall from men in every walk of life. Mayor Woodward, Recorder Nash Broyles, Chief Beavers, Wilmer L. Moore, Walter G. Cooper and hundreds of other prominent men have gotten back of the movement, giving it such an impetus that within the next six months this public need should be erected.

The chamber of commerce committee has several good locations in mind. The idea is to place it where it will be most convenient to the travelling public and Atlanta citizens alike.

Will Cost $10,000.

The plans submitted by Mr. Bleckley call for a $10,000, one-story structure, to be built of brick or concrete, which will become one of the lasting features of the city. The building will have a frontage of 36 feet, and a depth of 46 feet.

Two entrances are planned, one on the right for women, and one on the left for men, which will lead back to the rear. In the front and between the entrances will be located an up-to-date cigar-stand and soda fountain. The rent from this portion will greatly aid in the maintenance of the affair.

In the public comfort proper everything for the convenience of the public will be installed. Uniformed attendants will be hand day and night.

Wilmer L. Moore, president of the chamber of commerce, said: "There is a most crying need in Atlanta for a centrally located public comfort. In all of the large cities of the north and east these are placed in the center of the city, and have proved a most valuable asset to the cities.

"We are prone to think of Italy and other portions of foreign lands as unprogressive in certain respects. Yet these countries have had public comforts for years and years."

European Cities Provided.

"Every city in the European countries, almost without exception, have not provided one, but dozens of public comforts."

"Atlanta is too progressive a city to go much longer without this addition to its city life. The matter in which responses have been received indicates that the public is thoroughly aroused, and demands that some action be taken at once."

L. C. Green, chairman of the committee having the matter in charge, said: "Our plans have been received from the architect, and everything is in readiness now. What we need is the $10,000. And this should not be long forthcoming."

One of the principal arguments advanced for the erection of such a building is that at the present time in Atlanta the only accessible place for men are the hotels and near-beer saloons, while there are none for the women. A number of prominent citizens have said that many a young boy in Atlanta, has entered a saloon for the first time for this reason alone.