Sunday, 27th July 1913 Leo M. Frank Will Go to Trial Monday, It Is Now Believed
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The Atlanta Journal,
Sunday, 27th July 1913,
PAGE 1, COLUMN 8.
Indications Were Saturday Night That the Trial Would Begin Before Judge Roan at Hour Scheduled
BOTH SIDES READY AND BITTER FIGHT IS CERTAIN
Many Well Known Citizens in Venire From Whom the Twelve Jurors Will Be Chosen for Trial
If both sides answer ready when the clerk "sounds" the case of the "State of Georgia versus Leo M. Frank" in the criminal division of the superior court at 9 o'clock Monday morning, what is expected to be the most brilliant as well as one of the most bitter legal fights in the criminal history of the state will have commenced.
The stage has been set for the trial, and on the eve of the battle there was no intimation from any one in authority that the trial would not actually be commenced. For weeks the state and defense have been preparing for the struggle, which is to come Monday, and only an extraordinary motion from the defense, which is not now expected, will delay the trial.
Leo M. Frank, Cornell graduate and man of education and refinement, is charged with the murder of Mary Phagan, a fourteen-year-old factory girl, whose lifeless body was found in the basement of the National Pencil factory, of which he is superintendent, on April 27 by a negro night watchman.
ARRAY OF COUNSEL.
In charge of his defense are two of the ablest lawyers in the south, Luther Z. Rosser and Reuben R. Arnold. Both are attorneys who have established enviable reputations for their knowledge of the law and their ability before a jury. Many victories and few defeats in famous causes, civil and criminal, go to make the record of both of the attorneys.
Opposed to them will be Hugh M. Dorsey, solicitor general of the Atlanta circuit, and Frank A. Hooper, who served as a solicitor general in a south Georgia circuit for many years.
Solicitor Dorsey was pitted against Mr. Rosser in the Grace case, and while he lost, he preyed himself a prosecutor of marked ability, and attorneys who watched that trial were loud in their praise of the manner in which he handled his case.
Mr. Hooper is little known here, but the statement of Americus attorneys who practiced criminal law there, that they were glad when his term expired, is a real tribute to his ability.
Those familiar with the evidence in the case do not expect the Frank trial to be complete for at least two weeks.
BOTH SIDES HARD AT WORK.
Attorneys for both the state and the defense worked until late Saturday afternoon preparing their cases. This was taken to indicate that both sides expected that the trial would go forward as scheduled.
Solicitor Dorsey was closeted for several hours with Attorney Hooper and E. A. Stephens, assistant to the solicitor. At 5 o'clock they had arranged and indexed all their papers and files and strapped them into bundles. The solicitor announced that he was ready for the trial to begin.
Attorneys Rosser and Arnold, counsel for the defense, were in consultation the greater part of Saturday afternoon. They went carefully over the details of their case and discussed the evidence of the defense at some length. Neither Mr. Rosser nor Mr. Arnold have intimated whether it is their intention to go on with the trial or to ask for a postponement. It is generally believed however, that they will announce ready when court is convened Monday morning.
THE FIRST FIGHT.
Subpoenas duces tecum have been served on the solicitor general and many city detectives and other officials commanding them to produce all three of the Conley affidavits and affidavits from many other state witnesses. Over
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PAGE 4, COLUMN 4
LEO M. FRANK WILL GO TO TRIAL MONDAY FOR PHAGAN MURDER
(Continued from Page One.)
these subpoenas will probably come the first fight, as the solicitor is not expected to surrender the affidavits without a contest.
It became known Saturday night that the state subpoenaed a number of negroes who claim to have been with Conley on the afternoon of April 26, after Mary Phagan is supposed to have been murdered. This indicated that the state will endeavor to corroborate those parts of Conley's story which redate to his movements outside the factory after he claims to have helped Frank hide Mary Phagan's body in the cellar of the pencil factory.
Two of these negroes will testify, it is said, that Conley entered a near beer saloon close by the pencil factory about 1:30 and found them there and drank with them, then offered to set 'em up, but on their refusal drank alone.
These negroes will testify, it is said, that Conley was not nervous nor drunk at that time, and that they walked several blocks with him, he turning off into a street which led to his home.
Then will come the choosing of the twelve men who will decide whether Leo M. Frank is guilty or innocent.
The choosing of a jury is expected to consume all of the first day of the trial, and probably part of the second day.
The venire for the trial consists of 144 names, and probably twenty of them for one reason or another will not be in court. Another twenty or more will be excused because they are conscientiously opposed to capital punishment.
So widely discussed has been the Frank case that it is expected that many veniremen will be excused because they have formed or expressed an opinion as to the guilt or innocence of the accused.
SELECTING THE JURY.
While there are only thirty peremptory strikes, ten for the state and twenty for the defense, it is generally believed that they will not have been exhausted and that all twelve jurors will not have been chosen when the venire has been exhausted.
This will mean that talesmen will have to be hastily summoned into court by the sheriffs before the jury can be completed.
The names of the veniremen were drawn by Judge John T. Pendleton, of the superior court, last Thursday, and among them are a number of leading Atlanta citizens. In fact, the venire contains an unusual number of men who are prominent in Atlanta and Fulton county.
HERE ARE VENIREMEN.
C. A. Virgin.
J. D. Hardy, B. R.
J. M. Defoore, E. P.
Bud Waits, C. P.
W. W. Sorrells, Hapeville.
Sol Benjamin, 348 Whitehall street.
P. H. Miller, Peachtree.
C. J. Bosshardt, No. 215 Bryan street.
W. S. Copelan, Oak Grove.
O. T. Camp, No. 309 Oakland avenue.
A. W. Brewerton, 45 W. Peachtree Pl
F. W. Stone, No. 82 East Linden street.
W. H. Dunne, not in directory (probably Wynne).
W. A. Abercrombie, Blackhall.
R. G. Elliott, Atlanta Agricultural Works, Glendale.
T. C. Lauren, No. 13 Decatur street.
L. E. Smith, Hapeville.
C. T. Hopkins, Jr., 403 N. Boulevard.
W. D. Cates, South Bend.
R. F. Shedden, Mutual Life of New York, Grant Bldg. 20 East Linden Ave.
T. G. Young, Georgia Railway and Power Company, 42 Loomis avenue.
D. D. Henry, 178 Oakland avenue.
Howard Oliver, B. R.
H. E. Lackey, 4 Rosedale avenue.
James F. Hast, Collins.
Alfred Barilll, Jr., Grant Building.
O. L. Spurlin, 155 Lawton street.
A. H. Henslee, No. 74 Oak street.
Thomas D. Meador, Imperial Hotel.
R. E. Biggers, 745 Glenn, carpenter.
F. V. L. Smith, Empire Building, No. 481 Cherokee avenue.
R. L. Cliett, No. 58 Boulevard place.
H. R. Callaway, 691 Piedmont Ave.
A. J. Shide, No. 45 Lucy street.
F. A. Hull, 60 Milledge, 130 Grant.
Edward E. Hawkins, Collins.
H. D. Hurlbut.
S. J. Mc Dowell, No. 80 Waddell.
W. W. Brown, No. 107 Peachtree place or No. 217 Glennwood avenue.
Edwin F. Johnson, Appeal Publishing Company, 176 West Peachtree.
J. L. Fulghum, Hapeville.
W. C. Willis, E. P.
H. C. Hasty, No. 261 Jones avenue.
George R. Law, No. 4 Whitehall street, residence No. 205 Ashby.
F. M. York, No. 221 Cooper street.
A. H. Cook, 252 E. Georgia avenue.
Chas. H. Candler, 114 Elizabeth St.
George R. Wall, No. 139 Hill street.
S. C. Owens, E. P.
J. C. Henderson, 413 Piedmont ave.
J. W. Heinsman.
D. M. Brown, College Park.
W. J. Brooks, 234 East Fair St.
R. J. Baldwin, Hapeville.
D. Townsend, 84 Whitehall terrace.
R. A. Thompson, 152 Ashby street.
C. C. Thorne, 135 East North Ave.
C. A. Vaughn, Collins.
R. A. Palmer, No. 68 Austin avenue.
Ben F. Willis, Cooks.
C. M. Patten, Hapeville.
Carl Weinmeister, 27 Elbert St.
S. L. Miller, No. 27 Fraser street.
Henry L. Solmonson, 71 Sells Ave.
C. S. Johnson, 140 Gaskill street.
L. A. Hendon, 91 West Fifth street.
W. S. Medcalf, not in directory.
Homer C. Ashford, 83 East Fifth St.
E. C. Wachendorff, 22 Willow St.
Nicholas Ittner, 234 Forrest Ave.
J. C. Harrison, 304 Capitol Ave.
W. H. Hudson, 298 Myrtle St.
H. Maness, rooms No. 47 Bell street.
G. R. Jilner, not in directory.
John S. Head, Oak Grove.
C. H. Allen, not in directory.
V. N. Carroll, 1292-A Marietta St.
Robert Schmidt, 195 Angler Ave.
T. F. Barber, 281 E. Georgia Ave.
H. B. Chamberlain, Peachtree Dis.
O. Wingate, 328 Edgewood Ave.
T. E. Winslow, 29 Boulevard Ter.
C. A. Withers, 15 Simpson St.
A. W. Wafford, not in directory.
W. F. Burdett, Buckhead.
H. H. Kelly, Blackhall.
M. A. Lang, not in directory.
John W. Bowin, Collins.
C. W. Gittens, Hapeville.
H. T. Ferguson, 332 E. Georgia Ave.
W. L. Merk, No. 108 Grant street.
G. F. Hardy, 514 St. Charles.
F. E. Walker, 610 North Boulevard.
E. L. Connally, No. 53 Ashby street
T. B. Sale, 136 N. Moreland avenue.
Elmo Moore E.
W. S. Gaston, 481 Whitehall.
C. L. Asbury, No. 44 Park avenue.
J. W. Chatham, rooms 132 Jones.
C. W. Seagraves, Collins.
J. A. Mc Crary, 78 E. North ave.
L. A. Helms, rooms 253 Forrest ave.
T. J. Henderson, 25 Woodson.
L. F. Davis, 148 Bellwood ave.
David Woodward, 635 Peachtree.
J. E. Betterton, College Park.
J. H. Holcomb, Oakland City.
M. J. Sewell, East Point.
J. F. Higdon, 108 Ormond.
F. E. Winburn, 213 Lucile ave.
Chas. Witherspoon, No. 23 Vedado way.
Walter H. Scott, No. 215 Gordon.
H. J. Kuglar, South Bend.
T. J. Hale, South Bend.
J. P. Hays, South Bend.
A. L. Wisbey, No. 31 Hood street.
E. L. Winn, 1210 Peachtree.
Joel Hurt, No. 85 Elizabeth.
W. H. Abbott, No. 224 Rawson.
K. P. Mason, Peachtree.
W. M. Jeffries, Collins.
Boyd Perry, 537 N. Boulevard.
M. Johenning, rooms 161 Jones ave.
M. S. Woodward, No. 182 Park.
Samuel Schoen, 214 Washington.
W. F. Wingleton, not in directory.
Earl Davis, Collins.
C. F. Cantrell.
W. M. Donehoo, Buckhead.
John W. Woodruff, 58 Cooper.
David W. Perdu, Collins.
George Machieson, Buckhead.
S. J. Hayles, 20 Flat Shoals ave.
John W. Alexander, 439 S. Pryor.
John W. Collier, 81 Washington.
J. E. Redd, not in directory.
Y. R. Norris, Blackhall.
W. W. Hammett, 34 Decatur.
A. F. Bellingrath, 91 Milledge ave.
D. Berger, No. 380 Capitol ave.
E. A. Massa, No. 305 E. Fair.
J. T. Osburn, not in directory
J. H. Gilbert, South Bend.
H. H. Jones, 69 E. Ashland ave.
PAGE 1, COLUMN 6
PINKERTON DETECTIVE REPLIES TO LANFORD
H. B. Pierce Declares Lanford Knew of Find of Bloody Stick in Factory
H. B. Pierce, head of the local branch of the Pinkerton detective agency, characterizes as absurd Chief Detective N. A. Langford's charge that the Pinkerton sleuth has broken faith with the state in the Pinkerton's investigation of the Phagan case.
Chief Lanford charges specifically that the Pinkerton broke faith by failing to report the find by two of his men of the part of a pay envelope and of a bloody stick on the first floor of the factory. The find was made in the absence of Harry Scott, who has conducted the Phagan investigation for the Pinkertons, and who Lanford says has been absolutely square and fair in all of his dealings with the state and the police.
Pierce, the chief charges, in the absence of Scott, turned the stick and the pay envelope over to the attorneys for the defense, and said nothing to him or to the state about it.
Pierce denies this fully, saying that about May 15, only a few days after the find, he mentioned the fact that two of his men had picked up a bloody stick, a part of a pay envelope, and some rope at a certain point on the first floor of the basement.
Lanford, when he was told this, Pierce says, declared that the articles had been placed there as a plant; that his men and Harry Scott and representatives of an insurance company had scoured the three floors of the factory, and that the articles in question could not have been there, but a very short time before they were found.
"I was not working on the case myself," says Pierce, "and knew nothing about it. In fact, I had been out of town practically since the murder. As a result, when Chief Lanford cried 'plant,' I considered the find of no importance. I did turn the stick over to the defense, telling them that it might be a plant and leaving it to them to investigate."
"That is absolutely the last I thought of the matter until I read a story in The Journal saying that the bloody club was considered of importance in the case."
PAGE 3, COLUMN 1
STATE WILL BUILD CASE AGAINST FRANK AROUND CONLEY'S STORY. DEFENSE WILL UNDERTAKE TO SHOW THAT NEGRO ALONE IS GUILTY
PAGE 3, COLUMN 1
Defense Will Ridicule Conley's Story and Endeavor to Show That It Was Made to Save His Own Neck
MANY WITNESSES CALLED TO CORROBORATE FRANK
Though Attorneys Are Silent, The Journal Presents Below Outline of What the Defense Is Expected to Be
Complete innocence on the part of Leo M. Frank, the young superintendent of the National Pencil factory, and absolute guilt on the part of James Conley, the negro sweeper at the factory, are the two cardinal points upon which Frank's defense will be based when he is called to trial for the murder of Mary Phagan, the little girl, whose body was found in the pencil factory basement on Sunday morning, April 27.
Frank's attorneys, Luther Z. Rosser and Reuben R. Arnold, two of the south's ablest lawyers, have carefully concealed the plans of the defense, but enough has come to light to conclusively indicate that they not only expect to convince the jury that Frank is innocent and that it would have been a physical impossibility for him to have committed the murder without detection, but that Conley, the negro, did have such an opportunity and that robbery was his motive for killing the girl.
The defense evidently holds to the idea that to satisfactorily establish Frank's innocence and bring about his exoneration it is necessary to clear up the murder mystery. This it will attempt to do by convincing evidence as to the guilt of the negro.
Ever since Conley made his last famous affidavit of confession in which he swore that at Frank's instance he helped to carry the dead girl into the basement and wrote the notes found by her body, Frank's attorneys have worked on the theory that singlehanded Conley murdered Mary Phagan and that he sought to implicate their client as the principal in order to save his own neck.
The alleged inconsistencies in Conley's confession will be stressed and its alleged improbabilities will be dissected before the jury. A piece of Mary Phagan's pay envelope and a bloody club, said to have been found in the dark recess near the factory stairs, where Conley admits he was in hiding on the morning of the murder, will be produced as corroborative evidence, as will an affidavit from W. H. Mincey, an insurance agent, who swears that on the afternoon of the murder Conley, stupefied with drink, told him that he had killed a girl.
A vigorous attack will be made upon the state and the Atlanta city detectives for the alleged "protection" which has been accorded Conley since he made his confession and it will be asserted by the defense that had not the negro been so "wet-nursed" as it has been charged, he would have long ago admitted his guilt and exonerated Frank.
PURPOSE OF DEFENSE.
The main effort of the defense will be to break down Conley's statement, which makes Frank the principal in the murder. It will be contended that the girl was killed on the first or ground floor of the factory instead of on the second floor, where Conley said he found the body when he was called up by Frank.
By Conley's own statement it will be shown that he was in hiding behind a pile of boxes, near the staircase on this floor, from 9 o'clock on the morning of April 26. In his statement the negro claims to have gone to the factory at the suggestion of Frank whom he says he met at the corner of Nelson and Forsyth streets, some time between 10 and 11 o'clock that morning.
He describes a number of persons who came in and out of the factory while he was secreted there. Some of these persons will be introduced by the defense to prove that they came in and went out of the factory between 9 and 10 o'clock, more than hour before the time Conley says he left Nelson and Forsyth streets to go to the factory, and before Frank ever left the factory to go to Montag Brothers, on Nelson street.
Various different versions of the negro's story will be submitted to the jury to show that he began by lying and only admitted that he had knowledge of the crime after he had been caught in lies. It will be claimed that Conley is a cunning negro; that he was perfectly familiar with the factory and its operations; that he has kept posted on everything that has been printed in connection with the murder and that he has shaped his confession to fit the published facts.
The defense will insist that with Frank under indictment for the murder and that with a considerable public sentiment aroused against him the negro sought to clear himself by fixing the crime upon Frank.
Conley's statement will be analyzed in detail. He declares that Frank told him on the day before the murder to meet him at Nelson and Forsyth streets about 10 o'clock next morning. It will be asserted that Frank could not have premeditated the murder for he had no knowledge that Mary Phagan would come for her pay on Saturday or at what hour she might come.
Conley said that when he met Frank according to appointment the superintendent told him to go over to the factory and hide in some boxes until he called him; that he wanted him to do some work, but that he didn't wish Manager M. B. Darley to know about it because Darley had forbidden work in the factory on holidays. This statement will be ridiculed on the ground that Frank being the superintendent and a stockholder in the factory there was no necessity for him to observe secrecy in the performance of any work which he deemed advisable.
CLAIM FRANK WAS ALONE.
Conley says that he came back to the factory with Frank from Nelson street. Witnesses will be introduced to show that Frank came alone.
Conley says that he remained in hiding until about 1 o'clock, and that while he was secreted in the boxes he saw a number of persons come in and go out of the factory. This portion of the negro's confession will be accepted as a fact, for it will be proven by persons described by Conley that they did enter and leave the factory during the morning of April 26. Some of these, however, will swear that they were there long before the hour when Conley says he came to the factory.
Conley says that Frank whistled to him to come upstairs and when he obeyed the superintendent informed him that he had picked up a girl back in the metal room and had let her fall and that her head had struck against something; that Frank had directed him to move the girl and that when he approached the body he found that the girl was dead. He says a moment later he returned to the front of the building and noticed it was four minutes after 1 o'clock.
The defense will introduce witnesses to show that Frank was not alone more than five minutes at a time up to 1 o'clock, when he claims to have left the factory to go home to lunch, and will contend that this being true, he could not have had opportunity to kill the girl up to that hour.
Conley declares that he never saw the Phagan girl enter the factory. He was very positive about having seen others who came and went, and was able to describe their clothing, but says he must have dozed off when the Phagan girl come in.
The defense holds to the theory that the negro did see the girl enter the factory; that he remained in hiding until she came down swinging her mesh bag, and that knowing that she had come for her week's pay he stole up behind her, hit her in the head and after grabbing her handbag containing the pay envelope, shoved her through the elevator shaft which was only a few feet from the foot of the stairs.
Conley says that after he came back to Frank and told him that the girl was dead the superintendent ordered him to go and get the body and bring it out; that he stopped in the cotton room and got a gunny sheet in which to tie the body, which was lying face downward in an areaway near the women's lavatory.
NO EMPTY GUNNY SACKS.
It will be contended by the defense that on the day of the murder there were no empty gunny sheets in the cotton room; that the only sheets there were filled with cotton and that these were still in place on the following Monday.
Conley says that after tying the body in the gunny sheet he shouldered it and started toward the front of the building, but that when he reached a point just in front of one of the dressing rooms it became so heavy that he dropped it. At the place where he says he dropped the body the floor was stained with what appeared to be blood, but at the spot where he says he first found the body there was no evidence of bloodstains. This fact will be cited by the defense, which will insist that if the negro is telling the truth there would have been bloodstains where the body was first found and where it must have lain for some time. Witnesses will be introduced to show that there was a wound on the girl's head which must have bled profusely.
Little credence will, it is said, be placed by the defense in the alleged blood spots near the dressing room door where the negro says he dropped the body. It will be argued that these spots may or may not be blood. And to explain them if they are blood it will be shown that several times each week employes cut their hands and fingers in the machinery and that the wounds frequently bleed upon the floor. Witnesses will testify that large quantities of anilines and paints resembling blood are used in the factory and that possibly the spots upon the floor near the dressing room are nothing more than paint.
Conley says that after he dropped the body he called Frank to his assistance and that together they carried it to the elevator and upon which they lowered it into the basement.
Evidence will, it is said, be submit ted which will prove beyond a doubt that the elevator did not and could not have been operated on the day of the murder. Just what this evidence will be has never been revealed.
Conley says that after the elevator reached the basement Frank assisted him to take the body off the car and helped him carry it for a few feet; that he then took the body on his shoulder and carried it back to the sawdust bin in the rear of the basement where it was found.
Conley says that he and Frank ran the elevator back up to the second floor and that after Frank washed his hands he took him into the office and that while he was there two young women employes, whom he names, came in for their pay envelopes; that while they were there Frank shut him in a wardrobe.
LEFT BEFORE 1 O'CLOCK.
It will be insisted by the defense that the two young women named came to the factory and left it before 1 o'clock and they will be put upon the stand to testify to this fact.
Conley claims that after the young women left Frank let him out of the wardrobe and dictated two notes for him to write, explaining to him that he intended to send these notes to his (Frank's) mother in Brooklyn and that she would send him something.
The defense will take the position that a negro of even lesser intelligence than that possessed by Conley would never have written those notes unless he were guilty, and only then in an effort to divert suspicion from himself.
Conley says that Frank handed him a roll of money but later took it back, saying that he would see him Monday. The defense will argue that if Frank had been guilty of murder and had allowed the negro to share his secret, he would not only not have taken back money given him but would have kept on supplying him with money, fearing that unless he did so the negro might expose him.
DEFENSE'S THEORY OF CRIME.
A brief and connected outline of the theory of the defense concerning the murder of Mary Phagan, which was printed in The Journal a day or two after Conley made his confession, and which it is said is still adhered to, follows:
After Mary Phagan got her pay envelope she immediately left the office on the second floor and proceeded down the stairs toward the street; that just as she reached the bottom, the negro, Conley, who was in hiding and who had seen her swinging a mesh handbag, stepped out from behind the boxes and struck her a blow on the head with a stick.
Attention will be called to the fact that the big doors leading to the street were closed, and it was entirely possible for the girl to have been felled without anyone outside on the street or anyone upstairs in the office being any the wiser.
Having knocked the girl down and rendered her unconscious, it will be contended, it is said, that the negro quickly pushed her through the elevator shaft. Fearing that the girl may have recognized him and apprehending that she was not dead, the negro climbed down the ladder through the cubby hole and quickly tore off the hem of her underskirt, which he knotted around her neck, it being the most available instrument to check any possible outcry; after which he hunted around the basement and found a length of cord.
Looping this cord around the girl's neck so that when it was pulled the knot would tighten, the negro dragged her back to the sawdust bin in the rear of the basement, where her body was found, it will be contended.
When he went back to the elevator shaft he found her hat and her purse, it will be argued. He placed the purse in his pocket, took the hat and started back toward the rear of the basement. On the way he picked up one of the girl's slippers, which had come off while she was being dragged. The hat and the slipper he tossed on the trash pile by the boiler.
In the darkness of the elevators shaft he overlooked the parasol, which he had tossed down with the girl's body.
OBJECT OF NOTES.
With a view, it is said, to directing suspicion to the other negroes employed in the factory, Conley wrote the two notes found near the body. The tablet paper upon which these were written, it will be asserted, can be found in all parts of the factory.
When the negro got ready to leave the factory it will be asserted he found that Frank had gone to lunch and had locked the front doors. Then there was nothing left for him to do but pull the staple from the back basement door and make his escape from the factory through it.
The defense will put Frank's previous good character in issue to show that he was not the type of man who would commit such a crime, and it will call attention to the fact that so far the state has never been able to successfully challenge a single statement made by Frank during his three-hours' grilling by the coroner.
Witnesses will be introduced to explain the circumstantial evidence which the state will offer against Frank and other witnesses will be put up to discredit the negro Conley's story. The defense has carefully prepared its case and it will, doubtless, spring a number of surprises during the trial.
PAGE 3, COLULMN 4
CHRONOLOGICAL STORY OF DEVELOPMENTS IN THE MARY PHAGAN MURDER MYSTERY
April 27 The dead body of Mary Phagan is found in basement of National Pencil factory at 3 a. m. by Newt Lee, negro night-watchman. Police hold Lee, who later in the day re-enacts discovery of the remains before city detectives.
April 27 Leo M. Frank, superintendent of the Pencil factory, called from bed to view Mary Phagan's body.
April 27 Arthur Mullinax arrested on information given the police by E. L. Sentell, who declared he saw the murdered girl in the former's company at 12:20 o'clock on the morning of the murder.
April 28 Coroner Donehoo empanels in metal room on second floor and blood splotches on the floor lead police to believe the girl was killed there.
April 28 Coroner Donehoo empanels jury for inquest. It meets, views body and scene of crime and adjourns.
April 28 The largest crowd that ever viewed a body in Atlanta sees Mary Phagan's remains at the undertaking chapel.
April 28 J. M. Gantt, former bookkeeper at the factory arrested at Marietta.
April 28 Pinkertons hired by Pencil factory to find slayer. April 29 Frank taken from factory to police station. Chief Lanford announces he will be held until after the inquest.
April 29 Experts declare Newt Lee wrote notes found by dead girl's side.
April 29 Luther Z. Rosser announces he has been retained by Frank and is present when his client is questioned in Chief Lanford's office.
April 29 Discovery of what is apparently a blood stain near elevator leads police to believe girl's body was dragged to the conveyance shaft and dropped to the basement.
April 29 J. M. Gantt asks release from police station on habeas corpus.
April 29 State offers reward of $200 for apprehension of murderer. City later adds $1,000.
April 29 Miss Pearl Robinson tells detectives it was she that Sentell saw with Mullinax on night of murder.
April 30 Frank and Lee closeted together in office of Chief of Detectives Lanford for an hour.
April 30 Coroner's jury reconvenes. Lee tells his story. Many witnesses called.
May 1 Detectives conclude Mary Phagan never left factory after she entered to receive her pay early in the afternoon of the day of the murder.
JIM CONLEY'S ARREST.
May 1 James Conley, negro sweeper, arrested while washing shirt in factory. Considered unimportant at time. May 1 Satisfied with alibis, police liberate Gantt and Mullinax.
May 1 Frank and Lee taken to county jail to be held until outcome of coroner's jury probe.
May 2 Solicitor General Dorsey enters actively into case.
May 4 Police search for girl said to have gone to pencil factory with Mary Phagan on day of murder.
May 5 Frank tells story of his actions on the day of the crime. On the stand for three and one-half hours, he tells a straightforward tale.
May 6 Paul Bowen arrested in Houston, Tex.
May 7 Bowen released upon proving alibi.
May 7 Frank and Lee ordered held for grand jury by coroner's jury.
May 12 Mrs. Frank visits her husband for first time since his incarceration.
May 16 Fund to bring William J. Burns, famous detective, to Atlanta is opened.
May 17 Colonel Thomas B. Felder announces that Burns detective is at work on the mystery.
May 18 Burns sleuth turns out to be C. W. Tobie. He says city detectives are on right trail.
May 21 P. A. Flak, New York finger print expert, makes investigation. Result unknown.
May 24 Conley unexpectedly makes startling confession in which he says he wrote notes found near body at instigation of Frank.
May 24 Frank indicted by grand jury for murder; Lee held as material witness.
May 25 Detectives attempt to gain further confession from Conley.
May 26 C. W. Tobie withdraws from case and Burns officials announce their investigation terminated.
May 27 Conley makes another sensational affidavit in which he says he helped Frank carry Mary Phagan's body to basement.
CONLEY RE-ENACTS TRAGEDY.
May 30 Conley taken to pencil factory and re-enacts in pantomime carrying of body to basement. Taken to tower.
May 31 Conley taken from county jail to Solicitor Dorsey's office for grilling.
June 2 Defense theory, embodying, among other features, the belief that the girl was slain on the first floor, becomes known.
June 3 Minola Mc Knight, cook, employed by Mr. and Mrs. Emil Selig, Mrs. Frank's parents, taken into custody.
June 3 Minola Mc Knight makes sensational affidavit in which she says she overheard Mrs. Frank tell of strange conduct on Frank's part on the night of the murder.
June 4 Mrs. Frank, in first public statement, declares her husband is innocent.
June 5 Further grilling by detectives fails to change Conley's story.
June 7 Mrs. Frank scores Solicitor Dorsey, declaring that the room in which Minola Mc Knight made her incriminating affidavit was a "torture chamber."
June 8 Attorney Rosser accuses Chief Lanford of insincerity in search for slayer.
June 13 Solicitor Dorsey wins fight to hold Conley at police station instead of county jail by securing revokal of order designating him as a material witness. Conley released and rearrested at door of city prison.
June 14 Solicitor Dorsey goes to New York. Declares trip has no connection with Phagan case.
June 15 Announcement that Frank A. Hooper will be associated with Solicitor Dorsey in the prosecution.
June 18 Announcement made that Reuben R. Arnold, attorney, will aid in Frank's defense.
June 23 Solicitor Dorsey sets trial for June 30.
June 24 Date of trial changed to July 28 at conference between Superior Court Judge Roan and defense and prosecution attorneys.
July 9 Public is told of a portion of Mary Phagan's pay envelope being found at bottom of flight of stairs leading from office by Pinkerton detectives soon after the murder.
July 10 L. J. Fletcher, Bertillion expert at federal penitentiary, fails to find fingerprints on pay envelope.
July 11 W. H. Mincey's affidavit, in which he says Conley, while intoxicated, confessed to killing the girl, made public.
July 12 It is announced that others will corroborate Mincey's story.
PINKERTONS CHANGE THEORY.
July 18 It is intimated that the Pinkertons have changed their theory and believe that Frank is innocent.
July 18 Call issued for grand jury to meet and consider indictment of Conley as principal.
July 21 Grand jury, after hearing statement of Solicitor Dorsey, agrees to suspend action in Conley matter.
July 22 The discovery of a bloody stick near where Conley sat on day of murder is announced. This leads to belief that Mary Phagan may have been killed with bludgeon.
July 24 Solicitor Dorsey announces he is ready to go to trial on July 28 and will fight vigorously any attempt at postponement.
July 24 Judge Roan, of superior court, says he knows of no reason for delay.
July 25 Defense issues subpoenas for witnesses who will testify in Frank's behalf.
PAGE 4, COLUMN 2
PLENNIE MINOR FACES TASK IN HANDLING COURT ROOM DURING TRIAL OF LEO FRANK
Genial Deputy Sheriff Will Have Seats for Only 250 People, and Hates to Think He Won't Be Able to Accommodate Everybody, for That's His Disposition
PLENNIE MINOR
Plennie Minor is going to have the hardest job in Fulton county during the next two weeks.
Plennie (he doesn't allow people to call him Mr. Minor, for he is everybody's friend) is a Fulton county deputy sheriff and has the arduous task of keeping order in the court room while the Frank case is in progress. Incidentally, he will have to look out for witnesses and prisoners, and generally be the handy man about the trial.
Probably the worst job coming to him will be to keep the crowds out.
There are seats in the court room for 250 people and after they are filled everybody will be barred.
Plennie hates not to accommodate anybody, and declares that he wishes every man who wants to hear the trial could get a seat. But they cannot, and it would be a serious handicap to the progress of the trial if people were allowed to stand in the narrow aisles and in the doorways. Besides, Judge Roan has given instructions that people not be allowed in the court room after the seats are filled.
An efficient corps of bailiffs will be placed on each door and Plennie declares that he is going to see that perfect order is maintained throughout the trial of the case.
Deputy Minor was in charge of the court during the trial of Mrs. Daisy Grace and during other famous criminal trials, and as the result of his work he has received many compliments not only from Judge Roan, but from Judge Thomas and other visiting judges, who have presided here.
Especially hard will be the job of keeping out the crowds on the first day of the Frank trial, for then only a hundred spectators can be seated in the court, as there must be seats for the 144 veniremen who have been drawn.
PAGE 4, COLUMN 2
HERE IS CONLEY'S CONFESSION AROUND WHICH BITTER FIGHT IS EXPECTED IN THE FRANK TRIAL
There is little doubt that the storm-center, so to speak, of the Frank trial will be the testimony of the negro sweeper, James Conley. He will be the pricipal witness for the state and all of the other evidence of the prosecution will be shaped with a view to corroborating and strengthening his story which places the murder of Mary Phagan upon the factory superintendent.
And the defense will chiefly concern itself with the task of discrediting the negro's testimony. It will bend its energies to prove that Conley has lyingly accused Frank and will offer evidence designed to fasten the crime upon the negro.
These facts being true the public will be interested in reviewing the sworn confession made by Conley to the city detectives. It follows:
"On Saturday, April 26, 1913, when I came back to the pencil factory with Mr. Frank I waited for him downstairs like he told me, and when he whistled for me I went upstairs and he asked me if I wanted to make some money right quick, and I told him yes, sir, and he told me that he had picked up a girl back there and had let her fall and that her head hit against something he didn't know what it was and for me to move her and I hollered and told him the girl was dead.
"And he told me to pick her up and bring her to the elevator, and I told him I didn't have nothing to pick her up with, and he told me to go and look by the cotton box there and get a piece of cloth and I got a big wide piece of cloth and come back there to the men's toilet, where she was, and tied her, and I taken her and brought her up there to a little dressing room, carrying her on my right shoulder and she got too heavy for me and she slipped off my shoulder and fell on the floor right there at the dressing room and I hollered for Mr. Frank to come there and help me; that she was too heavy for me, and Mr. Frank come down there and told me to 'pick her up, dam fool,' and he run down there to me and he was excited, and he picked her up by the feet. Her feet and head were sticking out of the cloth, and by him being so nervous he let her feet fall, and then he brought her up to the elevator, Mr. Frank carrying her by the feet and me by the shoulder, and we brought her to elevator, and then Mr. Frank says, 'Wait, let me get the key,' and he went into the office and come back and unlocked the elevator door and started the elevator down.
FRANK RAN THE ELEVATOR.
"Mr. Frank turned it on himself, and we went on down to the basement and Mr. Frank helped me take it off the elevator and he told me to take it back there to the sawdust pile and I picked it up and put it on my shoulder again, and Mr. Frank he went up the ladder and watched the trapdoor to see if anybody was coming, and I taken her back there and taken the cloth from around her and taken her hat and shoes which I picked up upstairs right where her body was lying and brought them down and untied the cloth and brought them back and threw them on the trashpile in front of the furnace and Mr. Frank was standing at the trapdoor.
"He didn't tell me where to put the thing. I laid her body down with her head toward the elevator, lying on her stomach and the left side of her face was on the ground the right side of her body was up and both arms were laying down with her body by the side of her body. Mr. Frank joined me back of the elevator and he stepped on the elevator when it got to where he was, and he said, 'Gee, that was a tiresome job,' and I told him his job was not as tiresome as mine was, because I had to tote it all the way from where she was lying to the dressing room and in the basement from the elevator to where I left her.
GOT IN THE WARDROBE.
"Then Mr. Frank hops off the elevator before it gets even with the second floor and he makes a stumble and he hits the floor and catches with both hands and he went around to the sink to wash his hands and I went and cut off the motor and I stood and waited for Mr. Frank to come from around there washing his hands and then we went on into the office and Mr. Frank, he couldn't hardly keep still. He was all the time moving about from one office to the other. Then he come back into the stenographer's office and come back and told me, 'Here come Emma Clark and Corinthia Hall,' I understood him to say and he come back and told me to come here and he opened the wardrobe and told me to get in there, and I was so slow about going he told me to hurry up, damn it, and Mr. Frank, whoever that was come into the office, they didn't stay so very long till Mr. Frank had gone about seven or eight minutes, and I was still in the wardrobe and he never had come to let me out, and Mr. Frank come back and I said: 'Goodness alive, you kept me in there a mighty long time,' and he said: 'Yes, I see I did; you are sweated.' And then me and Mr. Frank sat down in a chair. Mr. Frank then took out a cigarette and he give me the box and asked me did I want to smoke, and I told him, 'Yes, sir,' and I taken the box and taken out a cigarette and he handed me a box of matches and I handed him the cigarette box and he told me that was all right I could keep that, and that I told him he had some money in it and he told me that was all right I could keep that. Mr. Frank then asked me to write a few lines on that paper, a white scratch pad he had there and he told me what to put on there and I asked him what he was going to do with it and he told me to just go ahead and write, and then after I got through writing Mr. Frank looked at it and said it was all right, and Mr. Frank looked up at the top of the house and said, 'Why should I hang? I have wealthy people in Brooklyn.' And I asked him what about me and he told me that was all right about me, for me to keep my mouth shut and he would make everything all right.
HANDED HIM ROLL OF BILLS.
"And then I asked him where was the money he said he was going to give me, and Mr. Frank said, 'Here is $200,' and he handed me a big roll of greenback money and I didn't count it. I stood there a little while looking at it in my hand and I told Mr. Frank not to take out another dollar for that watch man I owed, and he said he wouldn't and the rest is just like I told it before. The reason I have not told this before is I thought Mr. Frank would get out and help me out, but it seems that he is not going to get out, and I have decided to tell the whole truth about the matter.
"When I was looking at the money in my hand, Mr. Frank said: 'Let me have that and I will make it all right with you Monday if I live and nothing happens.' And he took the money back and I asked him if that was the way he done, and he said he would give it back Monday.
JAMES CONLEY."
Sworn to and subscribed before me the 29th day of May, 1913.
G. C. FEBUARY,
Notary Public, Fulton County, Ga.
PAGE 4, COLUMN 5
FRANK'S STORY OF HIS MOVES ON DAY OF CRIME
Accused Superintendent's Story Is Unbroken by Any Save a Negro
Leo M. Frank's sworn statement of his whereabouts each hour on the day of April 26, when Mary Phagan met her death, is of unusual interest in the case, especially since no witness except Conley has been found, at least as far as the public knows, who can break his story.
Frank's statement of his whereabouts, as given at the coroner's inquest, when he was under oath, follows:
SATURDAY APRIL 26.
7 o'clock a. m. Arose and dressed at home.
8 Left home for the factory office.
8:20 Arrived at the factory office.
8:50 or 9 M. D. Darley and others entered there.
10 Went over to the office of Sig Montag, factory manager, on Nelson street.
11 Went back to the factory office.
12 Stenographer and office boy left him alone in office.
12:10 p.m. Mary Phagan came for her pay; got it and left. He heard her footsteps die away, and went on with his work, thinking no more about her. When she left he thought he heard her voice in the outer office.
12:15 or 12:30 Lennie Quinn, foreman of the department where Mary worked came in.
12:25 Quinn left.
1 Left the factory.
1:20 Arrived home.
1:40 Finished lunch with his father-in-law.
2 Left home for factory.
2:40 Spoke to Miss Rebecca Carson, forewoman in his factory, in front of Rich's store on Whitehall street.
3 Arrived again at the factory.
3:10 White and Denham left; he remained alone in the factory.
3:20 Latched the street door behind him.
3:45 Night Watchman Newt Lee, negro, came. He let negro go away again.
5:30 Finished work on the financial sheet.
6 Finished balancing cash; night watchman came back. Frank washed his hands, and left factory, leaving night watchman with J. M. Gantt.
6:25 Arrived home.
6:30 Wife and mother-in-law came in just as he was telephoning to the factory. Got no answer there.
Telephoned again. Night watchman told him everything was all right. He ate supper.
9:30 After smoking and reading since supper, he went upstairs and lit the gas heater.
10:30 Bathed.
11 Went to bed.
SUNDAY, APRIL 27.
7:30 a. m. Awakened by the phone. Informed of the tragedy. Went to undertaker's shop and identified Mary Phagan's body as that of girl whom he had paid the afternoon before.