Monday, 25th August 1913 Frank Case To Jury Today Leo, Frank On His Way From Jail To Court
The Atlanta Georgian,
Monday, 25th August 1913.
This photo was
snapped as
Frank left the
Tower.
Frank always
is nattily
attired, and walks briskly from the auto
which brings
him from the tower to courtroom.
The accused never is
handcuffed
to the Sheriff,
as are men
considered
desperate
prisoners.
PACKED COURTROOM
APPLAUDS AS DORSEY
BEGINS CLOSING PLEA
Refreshed by the weekend recess, Solicitor General Dorsey returned Monday to the State's closing argument. By the force of logic and denunciation of his final words to the jury the Solicitor hopes to obtain a verdict of guilty against Leo M. Frank, charged with the murder of Mary Phagan.
The day and a half intermission furnished a breathing spell for the State's prosecutor. He came back to the battle with new spirit and with an absence of the fatigue that compelled him to stop his stirring argument Saturday and ask Judge Roan for a recess.
Knowing that it was the closing day of the Frank trial and that a fiery conclusion might be expected to the Solicitor's argument, hundreds were about the court room hoping that they might be among the fortunate to be granted admission to the small room.
Frank was at the court house some time before Dorsey resumed his address. His mother and wife came in an automobile shortly before court opened. The prisoner bore his usual unruffled and calm air. Interest probably was its greatest height since the trial began.
Within a few hours the Solicitor General would be finished with his masterly and unsparing address. The twelve jurors would receive the judge's charge and their final instructions. Then they would file from the room, probably for the last time to return only to say "guilty" or "guilty," or possibly to report to the judge their inability to come to an agreement.
Solicitor Dorsey was vociferously cheered as he entered the court houses by a crowd waiting for the trial to open, and in the courtroom there was applause as he went to the State's table within the railing.
Judge Roan entered the room as the applause died down while the deputies were rapping for order. He announced that if there was any semblance of a repetition, he would clear the courtroom. The judge declared that a familiar occurrence might destroy the work of four long weeks and warned the audience to keep strict order.
Mr. Dorsey began his speech in a low, hoarse voice.
"Your honor and gentlemen of the jury," he said, "I regret the necessity for having to carry this case over into another week and through another Sunday. If a recess had been declared Saturday. I might have been able to have finished my speech and his honor have delivered his charge and turned the case over to you. The circumstances made the present course wiser."
Begins to Riddle
Frank's Statement.
"When we closed proceedings Saturday, I was giving you a brief analysis of the statement of the defendant. I am not going into an exhaustive study of that statement. It is unnecessary to further burden you with it. But there are certain language and statements which merit some consideration."
"The defendant stated, after his honor had excluded our evidence, and excluded it properly, that his wife visited him at the police station. He stated that she was there with his father-in-law and his two brothers-in-law. He said Rabbi David Marx was with him and that he consulted Dr. Marx on the advisability of having her to come up to the top floor and see him surrounded by policemen reporters and snapshotters. He doesn't prove by a living soul that this statement is true. You must rely on his own lips for its value."
"If they could have proved it by Dr. Marx, why didn't they do it? You tell me a loving wife lives who, conscious of a husband's innocence amid such circumstances, wouldn't have' braved policemen, snapshotters to have seen him?"
Arnold jumped up.
"I object," he said, "to those outrageous references to his "wife." I have sat here in silence during many
PAGE 2
SOLICITOR IN FINAL PLEA
DEMANDS LEO FRANK BE
SENT TO THE GALLOWS
Continued from Page 1.
of his unfair remarks, but to bring in this man's wife, who is on trial for his life is an outrage on law and decency and fairness."
"Let me see," said Judge Roan "the evidence on which you are speaking, Mr. Dorsey."
Dorsey Fires Hot
Retort at Arnold.
"Let the galled jade - wince," said Dorsey, sarcastically.
"He has no right to make any such statement," said Arnold, "It is wholly uncalled for."
"I submit the remark," retorted Dorsey, "of Mr. Rosser that this is an unfair speech (referring to an aside) is uncalled for. Frank said that his wife would not come to see him because she was afraid of the snapshotters and the reporters and that she did not want to go through this line of newspapermen every time she came to see him. I tell you, gentlemen, there never lived a true wife who would not have gone through a line of snapshotters and reporters in spite of the contrary advice of a rabbi of any one else."
"Let us see who first found out Conley could write," Frank said, "I was the man who made this discovery. I was the means of getting this information to the police. I have received too many notes asking for loans not to know that he can write. I know what if you will look in the safe you will find some receipts for watches signed by him, and that if you will go to the jeweler's you probably will find other specimens of his handwriting."
"But Scott says that no such thing ever happened. Why didn't Frank, when those notes were found by the dead girl's body why didn't he then and there say that that was Conley's handwriting? Up to the time that it was discovered that Conley could write Frank ha nothing. It was only through the work done by the detectives and the fact that Conley knew they had learned he could write that the negro finally was made to submit specimens of his handwriting."
"Why did Frank keep silent when he knew those notes were the key which would unlock the mystery?"
Dorsey turned to Frank at this point and said:
"You did know that he could write. You know that if it was found out that the whole mystery would be solved. You had notes asking for loans. You had seen his writing by which he checked up the boxes of pencils. Why did you keep silent?"
"You saw him at the police station and even then, never mentioned that he could write."
The Solicitor said before he began his argument that he expected to conclude within two hours. He thought that his summing up might be completed in even a shorter time. The general expectation, however, was that he more than likely would overstep the limit that he had set for himself.
When an adjournment was taken Saturday, Dorsey had spoken six hours and fifteen minutes. He had announced his intention at the outset not to slur over any portion of the State's evidence and he kept his word very well. There was little important testimony to which he had not given reference. To some of it he had given considerable time.
Centers Atock
On Frank's Alibi.
The character of Frank, the alibi set up by the defense and the notes found in the basement by the side of the dead girl had received probably more of his earnest attention than any other phases of the crime mystery.
If the jurors were to accept his graphic description of the manner in which the crime was committed, it was a mystery no longer. The Solicitor, spoke as though the explanation were the simplest in the world. He narrated detail by detail every event as he had conjured it in his mind. He could see no discrepancies, no gaps, in the sequence of events on that fatal day. He laughed at the alibi of the defense and charged perjury to several of those who had assisted in erecting it for Frank's benefit.
The closing of his address Monday was confined more interviews of the State's case and to the stres
sing of certain aspects of the case to which he had referred previously. He demanded the death penalty for the accused man and said that the jurors, if they were morally certain of the prisoner's guilt, would be ignoring their plain duty if they did not send their man to the gallows.
Frank's fate was expected to be in the hands of the jurors early in the afternoon. The charge by Judge Roan, it was though would take little more than an hour. The judge had the main points of the charge outlined when court convened Monday morning> it embraced a clear definition of the "Reasonable doubt," the existence of which, according to the law, must force the verdict of "not guilty." The judge also was expected to dwell at some length on the value of circumstantial evidence as it has been presented during the trial of Frank.
As the State has been compelled to rely entirely upon a train of circumstances in building up its case against the defendant. Solicitor Dorsey and his associate Frank A. Hooper, have been frequent in their insistence that circumstantial evidence is the best kind of evidence, and that, as a matter of fact, it is almost impossible to arrive at an absolute certainty in any criminal court.
Dorsey's Argument
Strong and Masterly.
It was manifestly apparent that the address of the Solicitor was having its influence with the jurors. It was a strong, masterly argument. One could hardly doubt that Dorsey was convinced beyond the shade of a doubt of the guilt of the man he was prosecuting. This air of sincerity probably was not without its effect.
With the denunciatory words ringing in their ears, it became not a remote possibility that it would depend on the tenor of Judge Roan's charge as to what the outcome of the jurors' deliberations would be.
After a preliminary ballot is cast by the jurymen, they will elect a foreman and the discussion of the case will begin. Each man will be permitted to express his views, and at intervals a formal ballot will be taken. If the jury is out for an extended length of time, the foreman will report progress occasionally to the court.
MRS. FRANK ARRIVING
AT THE COURTHOUSE
The wife of
The defendant
In the Phagan
Case has not
Missed a
Session of the
Trial of her
Husband.
PAGE 3
MISTRIAL ASKED
MRS. FRANK ARRIVING
AT THE COURTHOUSE
The wife of the defendant in the Phagan case has not missed a session of the
Trial of her
husband.
DEFENSE ATTORNEYS
VIGOROUSLY PROTEST
AGAINST INTIMATIONS
Reuben R. Arnold at the conclusion of Solicitor Dorsey's argument at 12 o'clock, arose and made a motion for a mistrial. Attorney Arnold based his motion on the applause which at different times during the proceedings has broken the order of the courtroom.
Solicitor Dorsey finished his speech at twelve o'clock and Judge Roan prepared to charge the jury. A brief recess was taken.
With frequent clashes over intimated reflections on the motives of the counsel for the defense in introducing certain witnesses, the trial of Leo M. Frank, accused of slaying Mary Phagan, drew to a close Monday as Solicitor Hugh M. Dorsey continued his arraignment of the prisoner.
Mr. Dorsey was unsparing and vigorous as ever, although his voice showed traces of the terrific ordeal to which he put it in his sensational speech Saturday.
It was problematical whether recess would be taken before Judge Roan's charge to the jury, but all the indications were that Frank's fate would be in the hands of the "twelve good men and true" before mid-afternoon.
The claim was made again that Frank's nervousness the morning of his arrest and the morning he saw Mary Phagan's body at the morgue was an unfailing sign of his guilt. Mr. Dorsey declared that Frank's claim that it was due to the effect of the tragedy corresponded to that of Durant in the famous California murder on which the State dwelt at length Saturday. Durant said he had inhaled gas.
Derision was Mr. Dorsey's reply to Luther Rosser's statement that he did not seriously consider the evidence of the State's medical experts on the time Mary Phagan died as indicated by the condition of the cabbage she ate. Mr. Dorsey said this assertion was believed by the number of witnesses the defense had introduced in opposition.
Discussing these witnesses, he gave it as his opinion that some of them were introduced in the hope that they might be family physicians of some of the jurors. Mr. Arnold was on his feet with an objection, declaring the remark an insult to the jury, but the Solicitor was upheld. There were other frequent clashes, the defense claiming Dorsey was making remarks not warranted by the records of the case, but the Solicitor was generally upheld.
Asks Why Defense Didn't Prove Claim.
Mr. Dorsey also laid particular stress on Frank's claim that the haskoline which covered the alleged blood spots on the second floor would have been pink instead of white if the blood had been fresh. Mr. Dorsey asked why the defense had not brought in one reputable chemist to prove this assertion.
Mr. Dorsey insisted that as a matter of fact the blood spots were in the condition they were because the haskoline had been spread over them.
Bitter ridicule was cast on the attempts of the defense to show that Jim Conley had committed the crime and thrown the body through the scuttlehole on the first floor. Mr. Dorsey continued to hurl his accusations directly at Frank.
The prisoner was as emotional on the surface as ever. Before court opened he chatted apparently cheerfully with his wife and mother.
Mr. Dorsey received another ovation just before court opened Monday morning. A-hugs crowd gathered out side the courthouse doors and cheered as the Solicitor entered. Even within the courtroom the applause burst out spontaneously and Judge Roan hearing as it died out under the rapping of the deputies announced that he would clear the courtroom if it was repeated.
PAGE 4
DORSEY RIDDLES FRANK'S OWN STATEMENT IN FINAL PLEA
Crowds Outside and Inside of Court Vociferously Applaud the Solicitor
DEMANDS LEO FRANK BE
SENT TO GALLOWS AS
MARY PHAGAN'S SLAYER
Refreshed by the week-end recess, Solicitor General Dorsey returned Monday to the State's closing argument. By the force of logic and denunciation of his final words to the jury the Solicitor hopes to obtain a verdict of guilty against Leo M. Frank, charged with the murder of Mary Phagan.
The day and a half intermission furnished a breathing spell for the State's prosecutor. He came back to the battle with new spirit and with an absence of the fatigue that compelled him to stop his stirring argument Saturday and ask Judge Roan for a recess.
Solicitor Dorsey was vociferously cheered as he entered the courthouse by a crowd waiting for the trial to open, and in the courtroom there was applause as he went to the State's table within the railing.
Judge Roan entered the room as the applause died down while the deputies were rapping for order. He announced that if there was any semblance of a repetition, he would clear the courtroom. The judge declared that a similar occurrence might destroy the work of four long weeks and warned the audience to keep strict order.
Mr. Dorsey began his speech in a low, hoarse voice.
"Your honor and gentlemen of the jury," he said, I regret the necessity for having to carry this case over into another week and through another Sunday. I might have been able to have finished my speech and his honor have delivered his charge and turned the case over to you. The circumstances made the present course wiser."
Begins to Riddle
Frank's Statement.
"When we close proceedings Saturday, I was giving you a brief analysis of the statement of the defendant. I am not going to any exhaustive study of that statement. It is unnecessary to further burden you with it. But there are certain language and statements which merit some consideration."
"The d
efendants stated after this honor had excluded our evidence, and excluded it properly, that his wife visited him at the police station. He stated that she was there with his father-in-law and his two brothers-in-law. He said Rabbi David Mardx was with him and that he consulted Dr. Marx on the advisability of having her to come up to the top float and see him surrounded by policemen, reporters and snapshotters. He doesn't prove by a living soul that this statement is true. You must rely on his own lips for its value."
"If they could have proved if by Dr. Marx, why didn't they do it? You tell me a loving wife lives who, conscious of a husband's innocence amid such circumstances, wouldn't have braved policemen, snapshotters to have seen him?"
Arnold jumped up.
"I object," he said, "to those outrageous references to his wife. I have sat here in silence during many of his unfair remarks, but to bring in the wife of this man who is on trial for his life is an outrage on law and decency and fairness."
"Let me see," said Judge Roan, "the evidence on which you are speaking, Mr. Dorsey."
Dorsey Fires Hot
Retort at Arnold.
"Let the galled jade wines," said Dorsey, sarcastically.
"He has no right to make any such statement," said Arnold, "It is wholly uncalled for."
"I submit the remark," retorted Dorsey, "of Mr. Rosser that this is an unfair speech (referring to an aside) is uncalled for. Frank said that his wife would not come to see him because she was afraid of the snapshotters and reporters and that she did not want to go through this line of newspaper men every time she came to see him. I tell you, gentlemen, there never lived a true wife who would not have gone through a line of snapshotters and reporters in spite of the contrary advice of a rabid or anyone else."
"Let us see who first found out Conley could write. Frank said, I was the man who made this discovery. I was the means of getting this Information to the police. I have received too many notes asking for loans not to know that he can write. I know that if you will look in the safe you will find some receipts for watches signed by him, and that if you will go to the jeweler's you probably will find other specimens of his handwriting."
"But Scott says that no such thing ever happened. Why didn't Frank, when those notes were found by the dead girl's body why didn't he then and there say that that was Conley's handwriting? Tip to the time that it was discovered that Conley could write Frank had said nothing. It was only through the work done by the detectives and the fact the Conley knew they had learned he could write that the negro finally was made to submit specimens of his handwriting."
"Why did Frank keep silent when he knew those notes were the key which would unlock the mystery?"
Dorsey turned to Frank at this point and said:
"You did know that he could write. You knew that if it was found out that the whole mystery would be solved. You had notes asking for loans. You had seen his writing by which he checked up the boxes of pencils. Why did you keep silent?"
"You saw him at the police station and even then never mentioned that he could write."
"Frank says that after this visit of Conley's to the jail, after Conley had gone to the factory and gone through his pantomime at the time almost exactly to the minute that he said it took, that on this visit to the jail he said, I told them if they would get the permission of Rosser that I would face Conley.' Now, gentlemen of the jury, Mr. Rosser was at Tallulah Falls that day. Therefore, there was no chance to get his permission that day. But Mr. Rosser was at Tallulah Falls that day, and when he got back did he allow Frank to face Conley? No, he did not."
"Gentlemen, you know it is true that never in the history of the Anglo-Saxon race and in the history of the African race has an ignorant, filthy negro ever accused a white man of crime where the white man was innocent and the white man decline to face the negro. There never lived in Georgia a lawyer who possessed half the ability of Rosser who sincerely believed in the innocence of his client who would not have said to this negro. Face my client.' You may say here that you did not know what Conley's statement was going to be, but you could have found out. You could have known."
Rosser Objects
To Being Criticized.
Mr. Rosser was on his feet with an objection to commenting on counsel. After a moment's wrangling, Mr. Dorsey insisting that he had a right to commont on the action of the defendant's counsel charging the facts in the record justified him. Judge Roan sustained the objection.
"But they see the force of it," continued Dorsey.
"Now, I don't think that's fair, your honour," said Rosser, interrupting again. There was another minute of wrangling, both Dorsey and Rosser speaking at the same time. Judge Roan again sustained Rosser.
Dorsey turned to the jury, and slapping his hand viciously on the ceiling, shouted:
"If they don't see the force of it you do."
Rosser objected again.
"I insist, your honor that that is entirely proper comment. I ask you, am I outside the record? I have a right to comment upon their conduct in declining to cross-examine witnesses."
"You may comment upon the act of Frank," interrupted Judge Roan, "in not facing Conley and upon his counsel not having given the permission, but it is not proper for you to comment upon why counsel for the defense did not do certain things."
Dorsey turned to the jury:
"This man Frank with Anglo-Saxon blood in his veins, a graduate of Cornell, a man of sense and intelligence and spirit, refused to see Conley because his counsel was not in town. But when his counsel returned and he still had the opportunity he dared not let Conley meet him. It is not necessary to take up this discussion. Would the weakest of you when innocent and wrongfully accused by a man with a black skin on the charge of murder let Rosser or any lawyer in the world keep you from confronting him and sailing the lie. No lawyer of any age or clime could prevent me from meeting a man, be he white or black, who had wrongfully accused me."
Pointing his finger at Frank he continued:
"You want in a room and inter-
LEO, FRANK ON HIS WAY
FROM JAIL TO COURT
This photo was
snapped as
Frank left the
Tower.
Frank always
is nattily
attired, and walks briskly from the auto
which brings
him from the tower to courtroom.
The accused never is
handcuffed
to the Sheriff,
as are men
considered
desperate
prisoners.
viewed old Newt Lee down at the police station at 12 o'clock at night. What did you do? Did you act like an innocent man who was trying to get at the truth? Oh, no!"
Declares Frank Dared
Not Attack Negro Lee.
"Instead of going after him and trying to get from him new light on his case this man at whom you had pointed an infamous suspicion to save your own neck and to save your reputation on Washington street and in the B'nai B'rith according to Lee, you hung your head and quizzed him not, but said: If you don't tell more about this we'll both go to hell.' Then in your statement to the jury, you tried to make it appear that your own detective, Scott, had concocted a scheme against you and lied about what happened."
"The reason Frank didn't put it up to Newt Lee was because he knew Net Lee was innocent. He knew he was guilty and he was only adding to the dastardly crime of assault on the virtue of this little girl by trying to break the neck of this old negro to save his own reputation and neck."
"Listen to his statement. He is smart. Listen how he qualifies and fixes so that when we come back with rebuttal the technical law will protect him. Old Newt Lee had been night watchman at that factory only a few weeks. There had been other night watchmen before, and the charges of going into the place for immoral purposes were during the time before Newt Le
e came. He knew the detectives had charged that people had gone in there for immoral purpose but in his statement on the stand, he confined his denial to the time Newt Lee was there as high watchman."
"No, during the time old Newt Lee was there, there was but one person for whom your passion burned," the Solicitor continued, turning to Frank, little Mary Phagan. She never would go there with you. But if you were telling the truth, why didn't you make a bold and emphatic statement that none had ever been there. It was during the summer previous that Dalton and the others testified of the immorality there. There was the chance for impeachment of his statement, and yet you tell me that that's a good, fair, frank statement."
"Now, another thing, listen to this, I read from the defendant's statement, Now, in reference to those spots claimed to be blood spots found by Barrett, I don't say they are not blood. They are near the ladies' dressing room, and we also have many accidents near there. Let me say in connection with those accidents near there. Let me say in connection with those accidents that not all accidents are reported. Only those which incapacitate an employee are reported. But I say it might have been blood. It also might have been aniline dye or paint. I have seen girls drop bottles of this colored matter, btu if it had been fresh blood or fresh paint, the gasoline which was spread over it would have become pink or red instead of remaining white.'"
"Why Didn't They
Bring in a Chemist?"
"But I ask you if the gasoline would not have produced the identical result, which the witnesses say was produced? Why didn't you bring before the jury a reputable chemist and a man who would have sustained you in this contention. If you had time to bring in experts to attack the overwhelming evidence of Dr. Roy Harris, why, in the name of truth and justice, didn't you bring in just one chemist to support your theory of the blood spots?"
"You know the reason. You know they were blood spots. You know that you didn't bring in a chemist because the result of spreading the gasoline over blood would have been exactly the result that was produced in the dressing room on the second floor."
Dorsey turned toward the jury at this point and asked:
"Are you going to take this man's unsupported word when his lawyers are unable to get any reputable chemist to come in and stultify himself by declaring that those spots were not blood or that the result produced was not that of spreading gasoline over fresh blood?
"This defense can not they haven't got any defense. They circle and flutter, but never light. They grab at varnish, rat blood and Duffy's blood, but they never knuckle down to show that it was not blood. In view of the statement of Mell Stanford, who swept that floor and who says it was not there Friday: in view of the statements of Christopher Columbus Barrett, who, despite what they say, continues to draw his livelihood from the corners of the National Pencil Company; in view of the statements of a great many others who went there to see the blood spots, can we get but one solution of the matter? I say you can not."
"Then they fly onto another subject? It is the way they claim Jim Conley took that body into the basement. But, gentlemen of the jury, you know, and they know, that this body wasn't taken down that scuttlehole. It did not show there where the dust was thick. And then did he shoot her down the cute of the Clark Woodenware's place, where the body would have been concealed better and longer than where the body was found? Did this negro, who, they say, robbed this girl even if he had taken time to write the notes, even if they had hit her with a bludgeon do you think, gentlemen of the jury, that he would have taken the time to tie a cord around her neck a cord seldom found in the basement except when it was swept there with the trash, but the proper place for which was in that metal room on the second floor, where little Mary Phagan met her death? If he had done all that after he had sent her body down the cute why would he have gone down into the basement and have removed the body from its safest hiding place down there at the bottom of the chute, where the dust, trash and boxes would have kept it concealed for weeks at least? Why would he have removed it out there near the oiler, where the firemen and everyone else would have been sure to find it?"
"I tell you, gentlemen of the jury, that body was never sent down that chute; that body was never sent down that scuttlehole. It was taken down into the basement just as Jim Conely says it was."
"They fly off onto other things. Why, on May 1, when Holloway caught Jim Conley washing his shirt, he said, This is my negro.' Fifteen days later, when the second squad of Pinkertons came in, can you tell me, will you tell me, why if he shoved her down that hole, that not until the 15th of May was this bloody bludgeon found, and more blood than this girl has ever been shown to have lost was there?"
"Another thing, Frank said in his statement that this man Quinn came to him and told him he would like to take him back to the metal room, where, the newspapers said, and where everybody else said, and knew that morning, that some blood and some hair had been found."
Stresses Fact Frank
Hadn't Examined Spots.
"Although he had seen this in the papers, although he had heard from others in the factory that the spots and hair had been found, although he had been all around there, although the knowledge of the finding of these pots and hair had torn him to pieces, although he was so anxious to get the detectives to work on the case that he had phoned Schiff three times, yet Quinn had to come and ask him to come back there to see the spots."
"Tell me, was that the conduct of an innocent man anxious to help the police? But, strange to say, not even Lemmie Quinn comes to support you in this statement. No one ever saw Leo M. Frank go back there to examine those spots."
"If there was ever a spot on this earth that Frank did not want to see it was the blood spot back there in the metal room, the spot where this little girl met her death. If Frank went down there to the morgue and the sight of that little girl tore him to piece as he tells you it did, let any honest man on this jury tell me why it was he wanted to look upon her dead body again."
"Rogers says he didn't look at it. Black, says he didn't see him look at it."
Attorneys Arnold and Rosser entered strenuous objection.
"Rogers did not say that Frank did not see the body," said Arnold.
Dorsey: "It is in the evidence. I am not going to quibble with you. It is the truth and you know it."
"When Frank came into the room," continued the Solicitor to the jury, "he did not see her. And if he went into that room, neither Rogers nor Black saw him look at her."
"I tell you, the truth is that Frank never looked at the body of the girl again. And even if he did, it was but a glace as the electric lights were switched on. He turned and went into another room."
Arnold interposed another objection. "Your honor," he said, "nothing has been said about Frank going into another room."
Dorsey: "It has. It is in the record, Rogers said it."
Arnold: "It is not in the record."
Dorsey: "I say it is in the record and I challenge you to produce it."
"We don't have to produce it," returned Arnold.
Arnold: "We object, your honor, to him saying that we are quibbling."
Judge Calls Halt
In Bitter Clash.
Dorsey: "Well, why don't you look it up then?"
Arnold: "Your Honor, we object. He has no right to go in this manner."
Judge Roan: "Mr. Dorsey, you must not say they are quibbling unless they are. If it is in the record, they are not quibbling unless they are. If it is in the record, they are not quibbling. If it is in the record and they say it is not, then they are quibbling."
"If Frank ever looked that face," said Dorsey, "and I challenge the statement. It was so brief if she was dirt
y and begrimed, her hair bloody, her features contorted if he didn't know her better than he would have you think he did, he never could have identified her."
"Why did he go back there Sunday afternoon? He had been in the bosom of his family and failed to show any nervousness. He said himself he was torn all to pieces. He went back there to put his ear to the ground to see if there were any whisperings accusing Leo Frank of the crime."
"Rogers didn't see him look at her. Black didn't see him. He himself said the sight tore him to pieces."
"On the way to the police station he trembled on Darley's knee. But like a dog to his vomit, a sow to her wallow, he went back to review that ghastly sight. I ask you if he didn't go back to see if the police suspected Leo M. Frank?"
"He admits his nervousness in the presence of the officers. The Seligs said he was not nervous at home."
Rosser interrupted: "I have the record of that evidence. The question was: You now say he went into that dressing room? A. I wouldn't say. He passed out of my view.'"
Dorsey: "That's cross-examination."
Rosser: "Yes, but it's the truth."
Dorsey: "All right. I am glad you corrected me. The gist of the matter is that he didn't look at the body of little Mary Phagan."
Rosser: "He's wrong about that."
Dorsey: "Take it your way. I am going to throw you that piece of sop. The point is, Frank wanted to get out of the way of the officers. If he went into that room, it was so brief a time, that nobody saw it. He was afraid of anyone who represented the majesty of the law."
"Reads Joke to Assure
All of Self-possession."
"Out home Saturday night he wanted to assure every one of his self-possession by reading a joke. The laughter was the laughter of a guilty conscience. It jarred. He wasn't nervous at home. But he trembled when he had to discuss the matter with the minions of the law."
"Frank was nervous when he went to run the elevator. He stated he left the box open because of the request of a member of the fire department, who had told him that in case of fire, there was danger of the firemen being shocked if they could not cut off the power."
"Why was that necessary when it was so simple to get the key and just by turning the handle, open the box. Why didn't they bring firemen here to substantiate him? Old Holloway told the truth when he made that affidavit in my office when he said Old Jim Conley is my nigger.'"
"The true facts are when Frank came down to that elevator Sunday morning, the box was open, and the key was in his pocket."
Rosser: "Now, your Honor, there isn't a bit of evidence to support that statement."
Dorsey (as one of his deputies handed him the record): "Your Honor, the evidence sustains me in this case, just as it did in the other. I am going to read you Boots Rogers' direct testimony: I didn't see him in the room, but I saw him turn into what I thought was a closet, but afterwards found it was a place where someone slept. There was a bed in there.'"
"I don't care what he led out of him," answered Rosser: "I read him the cross-examination, which was the truth."
Judge Roan: "Mr. Rosser, don't interrupt him as long as he stands by the records."
Dorsey: "Yes. I want him to interrupt me. I don't want to misrepresent this case. There is enough straight evidence. I don't want to mislead this jury."
Judge Roan: "I just wanted to know whether you meant the statement that the key was in Frank's pocket as a deduction or a statement of evidence?"
Rosser: "That's what I am objecting to. He stated something that was not so. I don't mean that knew it was not so."
Waives Point
As Immaterial.
Dorsey: "I don't care anything about that point. It is my recollection that it is true, but I waive it as immaterial."
"Frank says that after looking at the body he identified it as that of the little girl who had been up the day previous and got her money. He went back to the factory, unlocked the safe, got out his books and found out that there was a girl by the name of Mary Phagan who had got her money the day before."
"This made it impossible for a mistake. He might have added, I found her back in the metal room. I made my lascivious proposals to her. She refused me, I struck her too hard and knocked her unconscious. Realizing my predicament, I choked her to death. I had made her envelope out 52 times a year. I had passed her machine every day that she worked. I had called her by name. I had placed me hand on her should.' Of course, it was Mary Phagan. There could be no mistake."
"Frank said in his statement before you. Geesling turned her head toward me. He put his finger in the wound on the back of her head. Her face was scratched. Her right eye was blackened. Her tongue was out and there was a deep indentation in her neck. There was blood on the back of her head. Her face was begrimed and dirty.'"
"Do you mean to say that in that flash that Frank took at the face, if indeed he did take any glance at all that he could have comprehended all this detail?"
"Is Detective Starnes a perjurer? Frank said that in his conversation with Starnes the morning of the murder, he asked over the telephone: What is the matter; has there been a fire at the factory?' He said that Starnes replied: No, there has been a tragedy and we want you down right away.'"
"But Starnes testified that he never used the word tragedy.' And that he gave Frank no intimation of what had happened. Again, it has been imputed that the detectives and police force have centered all their activities against Frank, and they have refused to hold any theory which involved anyone else. But if they had been looking for the easiest man to convict, wouldn't they have picked out someone else than Frank?"
Easier To Have
Picked Some One Else.
"It would have been easier if the detectives wanted to move along the line of least resistance to have picked out Newt Lee, Gantt or Conley."
"Again, Newt Lee says that Frank called up Saturday night something that he had never done before. Frank says that he asked about Gantt; that he asked if Gantt had left the factory yet. But Newt Lee says that Gantt's name never was mentioned, and that Frank only asked if anything had happened at the factory."
"Frank had instructed Newt Lee previously not to let Gantt in, whether because he did not want Gantt to see him talking to little Mary Phagan, I do not know. But when he called up Newt Lee that night, you know it was not so much to find out if Gantt had gone as to find out if Newt Lee in making his rounds had discovered the body of the dead girl."
"Frank's lawyers asked you, Would you convict this defendant on this circumstance, or on that circumstance?' No; but I would put all these circumstances together and I would say, inconformity to truth and justice, that they bound an unbreakable strand about this man. They make such a rope, such a strand, such a cable, that it not only is impossible to conceive any doubt at all."
"Frank was in jail. He made a statement that he didn't leave the office between certain hours. Frank didn't know that his own detective, Harry Scott, had found Monteen Stover, who went to the factory that day and found Frank absent."
"In his statement before you, Frank tried to get around this by saying that he had no recollection of leaving his office, although he may have done so unconsciously as men often do. But I tell you that if he had not been back there with Mary Phagan, Monteen Stover would have seen him and got her pay."
"Harry Scott, working with the city detectives, asked Frank these questions: From the time that you came back from Montay's until you went upstairs at 12:50 to see Mrs. White, did you leave your office?'" Frank said "no."
"Scott asked: From the time that you left Montag's until Mary Phagan came for her pay, did you leave your office?' Frank said no.'
"Can Not Believe
Frank's Story."
"Not until Frank saw the wonderful capacity and the wonderful
ability the devotion to truth and right of Harry Scott, did he set him out from his councils. Not realizing the importance of his statement, he told his own detective right in the presence of John Black that at no moment from the time return from Montag's until 12:50 did he stir out of his office."
"Do you mean to tell me that a conscientious jury can believe this man in his statement on the stand which throws aside the story he told his own detective? You can do it, but as you live wherever you go, your conscience will oppress you."
"If you, do it, you lose the peace of mind that goes with a clear conscience and that goes with a knowledge of duty well done."
"He indicated nervousness when he talked to Starnes. When Black went out to get him and he sent his wife to the door, he betrayed nervousness by the rapidity in the form of the questions he put."
"But before that he had warned old Newt Lee to come back at 4 o'clock. Dutiful old darky that he was. Newt Lee was there. He found Frank engaged in washing his hands. He sent old Newt out although Newt insisted that he wanted to sleep, and there were plenty of places around that factory where he could have lain down and had a nap. But no, Frank was waiting for Jim Conley. He wanted him to come back and burn that body so that the police of Atlanta today would not have solved the mystery of the death of Mary Phagan and probably would not have known she was killed in the factory."
"Frank Needed to
Be Sustained."
"He didn't want Gantt to go into that factory, but met him at the door. Gantt told him he wanted to get a pair of shoes. I was almost providential that Gantt had two pairs of shoes there. Frank hung his head and said he noticed a boy sweeping out a pair of shoes. He gave the color of the pair, but when Gantt insisted that there were two pairs, he allowed him to go in with old Newt Lee. Lo and behold, both pairs were found!"
"Frank told you how he acted on that occasion. Newt Lee told you how he jumped. Starnes and Black said he was nervous. You say (pointing to Frank) it was because of the auto-ride; it was because you had missed breakfast; it was because of the grewsome sight."
"Oh, he needed to be sustained. He needed someone to support him when he sent his wife to the door. He needed someone to support him when he had her telephone to Darley to meet him at the factory. He needed to be sustained when he sent for Haas. He needed to be sustained when he sent for Rosser, big of reputation and big of frame, dominating and controlling so far as he can, everybody he can."
"And this man Darley we had to get into the enemies' camp to get him. Fortunately, I got on the job early and issued a subpoena for him. Fortunately, Darley did not know he did not have to come, so he obeyed and made an affidavit in my office. Therefore, he came up here and upheld his affidavit in so far as he had to."
"Darley said that Frank was nervous and trembled in the factory. He said he shook like an aspen land when he sat on his lap in the automobile. He said in his affidavit to me Frank was completely unstrung."
"This man called for coffee at the factory, as Durant called for Bromo seltzer; trembling and shaking, he said it was due to looking on such a grewsome sight. Durant explained his appearance from inhaling gas. You tell me these statements of his explain away the evidence of his nervousness? No, you know it was only the consciousness of the infamous crime that he had committed."
"That isn't all. This man Grice was going to catch on the second morning after the murder stopped at the factory and saw him. He swore he was nervous."
Trembled in Shoes at
Fear of Scott.
At this point the jury was allowed to retire for a soft drink.
"Old Newt Lee says that when he went back to the factory that Saturday afternoon at 4 o'clock," said Dorsey in resuming his argument "he found the inside door locked. He says that Frank came out of his office and given him instructions. That light down in the cellar that had always burned bright was turned down until it glowed no more than a lightening bug. You tell me old Jim Conley felt the necessity of turning down that light? I tell you it was turned down by Leo Frank when he went down to place the notes beside the body after he had found that Jim Conley wasn't coming back to burn it."
"He turned it down in the hopes that Newt Lee would not discover the body that night."
"And here is Harry Scott. It didn't take an affidavit to hold him to the truth, though I tell you I trembled in my shoes after my experience with Darley. While he was their detective, Scott was one of the most important witnesses for the State. For a time, I was fearful he had thrown me down. But he stood by the truth like a man. He said that Frank squirmed and twisted in his seat; rubbed his face, sighed and drew deep breaths."
"On his way to the police station, Darley, the man next to him in power, said he trembled on his knee that he was nervous and pale; that his eyes were large."
"Tuesday morning, just before he was arrested, if he ever was arrested, Policeman Waggoner, sent to watch him from across the street, found him pacing back and forth in his office. He said that he came to the window and looked out at least twelve times within thirty minutes."
Not Dared To
Impeach Kelley.
"I have already talked to you about the time element. The defense has shown that McCoy did not have a watch. They have tried to down George Kenly, and there have been impeachments on both sides. They have tried to impeach George Epps, but there is one man for the State upon whom they have not dared to cast suspicion. That is this man M. Kelly, who rode on the same car with Matthews and Hollis from Broad and Marietta streets to beyond Hunter. He says that he knew Hollis and Matthews and that he knew Mary Phagan was not on the car. There is no impeachment of him."
"Mr. Rosser says that he does not care anything about the medical evidence that he paid but little attention to it. Well, gentlemen of the jury, I am not going back on my praising, and there is nothing more wholesome for the normal stomach than cabbage, cornbread and buttermilk, and it's good enough for any man."
"Rosser's words that he does not care for the medical evidence are belied by the number of men they brought in on this particular evidence. They did not bring one reputable chemist to refute the testimony of Dr. Roy F. Harris. They brought in surgeons and general practitioners. Why, I would not be surprised if their reason or going out to get these general practitioners was not in the effort to get some of the family physicians to bring here and influence the jury."
Arnold objected.
"Your honor," he said, "that is absolutely unfair. It is insulting to the jury."
"I insist that my words are eminently proper," said Dorsey. "I have not changed any fact. I am simply expressing my opinion. I am going to compare the qualifications of the physicians they brought in with that of the experts we placed upon the stand. They went out and got general practitioners, and I am bringing out the fact that there must have been some other reason than any knowledge their physicians might have."
"Go on," said Judge Roan.
"I thought so," said Dorsey.
PAGE 5
FRANK CASE GOES TO JURY
JUDGE OVERRULES MOTION FOR NEW TRIAL
MRS. FRANK ARRIVING
AT THE COURTHOUSE
The wife of
the defendant
in the Phagan
case has not
missed a
session of the
trial of her
husband
DEFENSE ATTORNEYS
VIGOROUSLY PROTEST
AGAINST INTIMATIONS
At 12:45 Judge Roan finished his charge to the jury and the fate of Leo M. Frank, accused of the murder of Mary Phagan, was put in the hands of the twelve men have been listening to testimony for and against him for four weeks.
Judge Roan overruled the motion for a new trial.
Reuben R. Arnold at the conclusion of Solicitor Dorsey's argument at 12 o'clock, arose and made a motion for a mistri
al. Attorney Arnold based his motion on the applause which at different times during the proceedings has broken the order of the courtroom.
"Your honor, at the beginning of this trial," said Arnold counsel for the defense, requested that the courtroom be cleared of spectators. I am going to make a motion for a new trial and we are prepared to prove each of the instances upon which we base our request, unless your Honor is willing admit that they are true."
"First, when the court refused to rule out the evidence of Frank's relations with other women as given by Jim Conley that there was applause in the courtroom."
"Second, on Friday, August 22, when the trial was on, and had just recessed for lunch, and when the jury was within 200 feet of the courthouse, and just as the Solicitor General was leaving the courthouse, the crowd gathered around and in plain hearing of the jury yelled: Hurray for Dorsey.'"
"Third: That on Saturday, August 23, while the trial was still in process, and had just adjourned, that a large crowd gathered in front of the courthouse and as the Solicitor General left the courthouse, yelled: "Hurrah for Dorsey." The jury at this time was in a caf at lunch within 100 feet and was in plain hearing of the noise, and that the crowd moved up in front of the caf and again yelled: "Hurrah for Dorsey," all within plain hearing of the jury.
"Fourth: On August 25, while the jury was in a room within 20 feet of the courtroom, that as the Solicitor General entered the courtroom, the crowd in the courtroom arose and applauded him and that your Honor admonished the crowd that if it happened again, he would clear the courtroom."
"And that all of this applause has tended to coerce and unduly in influence the jury. The conduct was most disgraceful and the defendant has not been given a fair show at any time during the trial, from the start to the finish."
"I never saw a trial where there were so many manifestations of feeling. They have a natural tendency to intimidate and influence the jury."
"I make the motion for the new trial and I stand ready to prove what I have said."
The jury was out while the arguments on the mistrial were being made.
Dorsey arose with a strenuous objection.
"I take issue with the defense," almost shouted the Solicitor. "I never heard any such thing as Mr. Arnold speaks of. I think it would be the most ridiculous thing in the world to entertain the motion. I don't know whether all that Mr. Arnold has said is true or not, but I want your Honor to overrule the motion because it wouldn't amount to anything if it were true."
Arnold interrupted Dorsey.
"Didn't you hear the applause this morning, your Honor," said Arnold, addressing Judge Roan. "Didn't you hear the cheering last Friday and Saturday? Didn't you hear them yell Hurrah for Dorsey?'"
Judge Roan admitted that he had heard cheering, but denied that the exclamation, Hurrah for Dorsey, had reached his cars.
Solicitor Dorsey finished his speech at twelve o'clock and Judge Roan prepared to charge the jury. A brief recess was taken.
PAGE 6
DORSEY RIDDLES FRANK'S OWN STATEMENT IN FINAL PLEA
Crowds Outside and Inside of Court Vociferously Applaud the Solicitor
DEMANDS LEO FRANK BE
SENT TO GALLOWS AS
MARY PHAGAN'S SLAYER
Refreshed by the week-end recess, Solicitor General Dorsey returned Monday to the State's closing argument. By the force of logic and denunciation of his final words to the jury the Solicitor hopes to obtain a verdict of guilty against Leo M. Frank, charged with the murder of Mary Phagan.
The day and a half intermission furnished a breathing spell for the State's prosecutor. He came back to the battle with new spirit and with an absence of the fatigue that compelled him to stop his stirring argument Saturday and ask Judge Roan for a recess.
Solicitor Dorsey was vociferously cheered as he entered the courthouse by a crowd waiting for the trial to open, and in the courtroom there was applause as he went to the State's table within the railing.
Judge Roan entered the room as the applause died down while the deputies were rapping for order. He announced that if there was any semblance of a repetition, he would clear the courtroom. The judge declared that a similar occurrence might destroy the work of four long weeks and warned the audience to keep strict order.
Mr. Dorsey began his speech in a low, hoarse voice.
"Your honor and gentlemen of the jury," he said, I regret the necessity for having to carry this case over into another week and through another Sunday. I might have been able to have finished my speech and his honor have delivered his charge and turned the case over to you. The circumstances made the present course wiser."
Begins to Riddle
Frank's Statement.
"When we close proceedings Saturday, I was giving you a brief analysis of the statement of the defendant. I am not going to any exhaustive study of that statement. It is unnecessary to further burden you with it. But there are certain language and statements which merit some consideration."
"The defendants stated after this honor had excluded our evidence, and excluded it properly, that his wife visited him at the police station. He stated that she was there with his father-in-law and his two brothers-in-law. He said Rabbi David Mardx was with him and that he consulted Dr. Marx on the advisability of having her to come up to the top float and see him surrounded by policemen, reporters and snapshotters. He doesn't prove by a living soul that this statement is true. You must rely on his own lips for its value."
"If they could have proved if by Dr. Marx, why didn't they do it? You tell me a loving wife lives who, conscious of a husband's innocence amid such circumstances, wouldn't have braved policemen, snapshotters to have seen him?"
Arnold jumped up.
"I object," he said, "to those outrageous references to his wife. I have sat here in silence during many of his unfair remarks, but to bring in the wife of this man who is on trial for his life is an outrage on law and decency and fairness."
"Let me see," said Judge Roan, "the evidence on which you are speaking, Mr. Dorsey."
Dorsey Fires Hot
Retort at Arnold.
"Let the galled jade wines," said Dorsey, sarcastically.
"He has no right to make any such statement," said Arnold, "It is wholly uncalled for."
"I submit the remark," retorted Dorsey, "of Mr. Rosser that this is an unfair speech (referring to an aside) is uncalled for. Frank said that his wife would not come to see him because she was afraid of the snapshotters and reporters and that she did not want to go through this line of newspaper men every time she came to see him. I tell you, gentlemen, there never lived a true wife who would not have gone through a line of snapshotters and reporters in spite of the contrary advice of a rabid or anyone else."
"Let us see who first found out Conley could write. Frank said, I was the man who made this discovery. I was the means of getting this Information to the police. I have received too many notes asking for loans not to know that he can write. I know that if you will look in the safe you will find some receipts for watches signed by him, and that if you will go to the jeweler's you probably will find other specimens of his handwriting."
"But Scott says that no such thing ever happened. Why didn't Frank, when those notes were found by the dead girl's body why didn't he then and there say that that was Conley's handwriting? Tip to the time that it was discovered that Conley could write Frank had said nothing. It was only through the work done by the detectives and the fact the Conley knew they had learned he could write that the negro finally was made to submit specimens of his handwriting."
"Why did Frank keep silent when he knew those notes were the key which would unlock the mystery?"
Dorsey turned to Frank at this point and said:
"You did know that he could write. You knew tha
t if it was found out that the whole mystery would be solved. You had notes asking for loans. You had seen his writing by which he checked up the boxes of pencils. Why did you keep silent?"
"You saw him at the police station and even then never mentioned that he could write."
"Frank says that after this visit of Conley's to the jail, after Conley had gone to the factory and gone through his pantomime at the time almost exactly to the minute that he said it took, that on this visit to the jail he said, I told them if they would get the permission of Rosser that I would face Conley.' Now, gentlemen of the jury, Mr. Rosser was at Tallulah Falls that day. Therefore, there was no chance to get his permission that day. But Mr. Rosser was at Tallulah Falls that day, and when he got back did he allow Frank to face Conley? No, he did not."
"Gentlemen, you know it is true that never in the history of the Anglo-Saxon race and in the history of the African race has an ignorant, filthy negro ever accused a white man of crime where the white man was innocent and the white man decline to face the negro. There never lived in Georgia a lawyer who possessed half the ability of Rosser who sincerely believed in the innocence of his client who would not have said to this negro. Face my client.' You may say here that you did not know what Conley's statement was going to be, but you could have found out. You could have known."
Rosser Objects
To Being Criticized.
Mr. Rosser was on his feet with an objection to commenting on counsel. After a moment's wrangling, Mr. Dorsey insisting that he had a right to commont on the action of the defendant's counsel charging the facts in the record justified him. Judge Roan sustained the objection.
"But they see the force of it," continued Dorsey.
"Now, I don't think that's fair, your honour," said Rosser, interrupting again. There was another minute of wrangling, both Dorsey and Rosser speaking at the same time. Judge Roan again sustained Rosser.
Dorsey turned to the jury, and slapping his hand viciously on the ceiling, shouted:
"If they don't see the force of it you do."
Rosser objected again.
"I insist, your honor that that is entirely proper comment. I ask you, am I outside the record? I have a right to comment upon their conduct in declining to cross-examine witnesses."
"You may comment upon the act of Frank," interrupted Judge Roan, "in not facing Conley and upon his counsel not having given the permission, but it is not proper for you to comment upon why counsel for the defense did not do certain things."
Dorsey turned to the jury:
"This man Frank with Anglo-Saxon blood in his veins, a graduate of Cornell, a man of sense and intelligence and spirit, refused to see Conley because his counsel was not in town. But when his counsel returned and he still had the opportunity he dared not let Conley meet him. It is not necessary to take up this discussion. Would the weakest of you when innocent and wrongfully accused by a man with a black skin on the charge of murder let Rosser or any lawyer in the world keep you from confronting him and sailing the lie. No lawyer of any age or clime could prevent me from meeting a man, be he white or black, who had wrongfully accused me."
Pointing his finger at Frank he continued:
"You want in a room and inter-
LEO, FRANK ON HIS WAY
FROM JAIL TO COURT
This photo was
snapped as
Frank left the
Tower.
Frank always
is nattily
attired, and walks briskly from the auto
which brings
him from the tower to courtroom.
The accused never is
handcuffed
to the Sheriff,
as are men
considered
desperate
prisoners.
viewed old Newt Lee down at the police station at 12 o'clock at night. What did you do? Did you act like an innocent man who was trying to get at the truth? Oh, no!"
Declares Frank Dared
Not Attack Negro Lee.
"Instead of going after him and trying to get from him new light on his case this man at whom you had pointed an infamous suspicion to save your own neck and to save your reputation on Washington street and in the B'nai B'rith according to Lee, you hung your head and quizzed him not, but said: If you don't tell more about this we'll both go to hell.' Then in your statement to the jury, you tried to make it appear that your own detective, Scott, had concocted a scheme against you and lied about what happened."
"The reason Frank didn't put it up to Newt Lee was because he knew Net Lee was innocent. He knew he was guilty and he was only adding to the dastardly crime of assault on the virtue of this little girl by trying to break the neck of this old negro to save his own reputation and neck."
"Listen to his statement. He is smart. Listen how he qualifies and fixes so that when we come back with rebuttal the technical law will protect him. Old Newt Lee had been night watchman at that factory only a few weeks. There had been other night watchmen before, and the charges of going into the place for immoral purposes were during the time before Newt Lee came. He knew the detectives had charged that people had gone in there for immoral purpose but in his statement on the stand, he confined his denial to the time Newt Lee was there as high watchman."
"No, during the time old Newt Lee was there, there was but one person for whom your passion burned," the Solicitor continued, turning to Frank, little Mary Phagan. She never would go there with you. But if you were telling the truth, why didn't you make a bold and emphatic statement that none had ever been there. It was during the summer previous that Dalton and the others testified of the immorality there. There was the chance for impeachment of his statement, and yet you tell me that that's a good, fair, frank statement."
"Now, another thing, listen to this, I read from the defendant's statement, Now, in reference to those spots claimed to be blood spots found by Barrett, I don't say they are not blood. They are near the ladies' dressing room, and we also have many accidents near there. Let me say in connection with those accidents near there. Let me say in connection with those accidents that not all accidents are reported. Only those which incapacitate an employee are reported. But I say it might have been blood. It also might have been aniline dye or paint. I have seen girls drop bottles of this colored matter, btu if it had been fresh blood or fresh paint, the gasoline which was spread over it would have become pink or red instead of remaining white.'"
"Why Didn't They
Bring in a Chemist?"
"But I ask you if the gasoline would not have produced the identical result, which the witnesses say was produced? Why didn't you bring before the jury a reputable chemist and a man who would have sustained you in this contention. If you had time to bring in experts to attack the overwhelming evidence of Dr. Roy Harris, why, in the name of truth and justice, didn't you bring in just one chemist to support your theory of the blood spots?"
"You know the reason. You know they were blood spots. You know that you didn't bring in a chemist because the result of spreading the gasoline over blood would have been exactly the result that was produced in the dressing room on the second floor."
Dorsey turned toward the jury at this point and asked:
"Are you going to take this man's unsupported word when his lawyers are unable to get any reputable chemist to come in and stultify himself by declaring that those spots were not blood or that the result produced was not that of spreading gasoline over fresh blood?
"This defense can not they haven't got any defense. They circle and flutter, but never light. They grab at varnish, rat blood and Duffy's blood, but they never knuckle down to show that it was not blood. In view of the statement of Mell Stanford, who swept that floor and who says it was not there Friday: in view of the statements of Christopher Columbus Barrett, who, despite wha
t they say, continues to draw his livelihood from the corners of the National Pencil Company; in view of the statements of a great many others who went there to see the blood spots, can we get but one solution of the matter? I say you can not."
"Then they fly onto another subject? It is the way they claim Jim Conley took that body into the basement. But, gentlemen of the jury, you know, and they know, that this body wasn't taken down that scuttlehole. It did not show there where the dust was thick. And then did he shoot her down the cute of the Clark Woodenware's place, where the body would have been concealed better and longer than where the body was found? Did this negro, who, they say, robbed this girl even if he had taken time to write the notes, even if they had hit her with a bludgeon do you think, gentlemen of the jury, that he would have taken the time to tie a cord around her neck a cord seldom found in the basement except when it was swept there with the trash, but the proper place for which was in that metal room on the second floor, where little Mary Phagan met her death? If he had done all that after he had sent her body down the cute why would he have gone down into the basement and have removed the body from its safest hiding place down there at the bottom of the chute, where the dust, trash and boxes would have kept it concealed for weeks at least? Why would he have removed it out there near the oiler, where the firemen and everyone else would have been sure to find it?"
"I tell you, gentlemen of the jury, that body was never sent down that chute; that body was never sent down that scuttlehole. It was taken down into the basement just as Jim Conely says it was."
"They fly off onto other things. Why, on May 1, when Holloway caught Jim Conley washing his shirt, he said, This is my negro.' Fifteen days later, when the second squad of Pinkertons came in, can you tell me, will you tell me, why if he shoved her down that hole, that not until the 15th of May was this bloody bludgeon found, and more blood than this girl has ever been shown to have lost was there?"
"Another thing, Frank said in his statement that this man Quinn came to him and told him he would like to take him back to the metal room, where, the newspapers said, and where everybody else said, and knew that morning, that some blood and some hair had been found."
Stresses Fact Frank
Hadn't Examined Spots.
"Although he had seen this in the papers, although he had heard from others in the factory that the spots and hair had been found, although he had been all around there, although the knowledge of the finding of these pots and hair had torn him to pieces, although he was so anxious to get the detectives to work on the case that he had phoned Schiff three times, yet Quinn had to come and ask him to come back there to see the spots."
"Tell me, was that the conduct of an innocent man anxious to help the police? But, strange to say, not even Lemmie Quinn comes to support you in this statement. No one ever saw Leo M. Frank go back there to examine those spots."
"If there was ever a spot on this earth that Frank did not want to see it was the blood spot back there in the metal room, the spot where this little girl met her death. If Frank went down there to the morgue and the sight of that little girl tore him to piece as he tells you it did, let any honest man on this jury tell me why it was he wanted to look upon her dead body again."
"Rogers says he didn't look at it. Black, says he didn't see him look at it."
Attorneys Arnold and Rosser entered strenuous objection.
"Rogers did not say that Frank did not see the body," said Arnold.
Dorsey: "It is in the evidence. I am not going to quibble with you. It is the truth and you know it."
"When Frank came into the room," continued the Solicitor to the jury, "he did not see her. And if he went into that room, neither Rogers nor Black saw him look at her."
"I tell you, the truth is that Frank never looked at the body of the girl again. And even if he did, it was but a glace as the electric lights were switched on. He turned and went into another room."
Arnold interposed another objection. "Your honor," he said, "nothing has been said about Frank going into another room."
Dorsey: "It has. It is in the record, Rogers said it."
Arnold: "It is not in the record."
Dorsey: "I say it is in the record and I challenge you to produce it."
"We don't have to produce it," returned Arnold.
Arnold: "We object, your honor, to him saying that we are quibbling."
Judge Calls Halt
In Bitter Clash.
Dorsey: "Well, why don't you look it up then?"
Arnold: "Your Honor, we object. He has no right to go in this manner."
Judge Roan: "Mr. Dorsey, you must not say they are quibbling unless they are. If it is in the record, they are not quibbling unless they are. If it is in the record, they are not quibbling. If it is in the record and they say it is not, then they are quibbling."
"If Frank ever looked that face," said Dorsey, "and I challenge the statement. It was so brief if she was dirty and begrimed, her hair bloody, her features contorted if he didn't know her better than he would have you think he did, he never could have identified her."
"Why did he go back there Sunday afternoon? He had been in the bosom of his family and failed to show any nervousness. He said himself he was torn all to pieces. He went back there to put his ear to the ground to see if there were any whisperings accusing Leo Frank of the crime."
"Rogers didn't see him look at her. Black didn't see him. He himself said the sight tore him to pieces."
"On the way to the police station he trembled on Darley's knee. But like a dog to his vomit, a sow to her wallow, he went back to review that ghastly sight. I ask you if he didn't go back to see if the police suspected Leo M. Frank?"
"He admits his nervousness in the presence of the officers. The Seligs said he was not nervous at home."
Rosser interrupted: "I have the record of that evidence. The question was: You now say he went into that dressing room? A. I wouldn't say. He passed out of my view.'"
Dorsey: "That's cross-examination."
Rosser: "Yes, but it's the truth."
Dorsey: "All right. I am glad you corrected me. The gist of the matter is that he didn't look at the body of little Mary Phagan."
Rosser: "He's wrong about that."
Dorsey: "Take it your way. I am going to throw you that piece of sop. The point is, Frank wanted to get out of the way of the officers. If he went into that room, it was so brief a time, that nobody saw it. He was afraid of anyone who represented the majesty of the law."
"Reads Joke to Assure
All of Self-possession."
"Out home Saturday night he wanted to assure every one of his self-possession by reading a joke. The laughter was the laughter of a guilty conscience. It jarred. He wasn't nervous at home. But he trembled when he had to discuss the matter with the minions of the law."
"Frank was nervous when he went to run the elevator. He stated he left the box open because of the request of a member of the fire department, who had told him that in case of fire, there was danger of the firemen being shocked if they could not cut off the power."
"Why was that necessary when it was so simple to get the key and just by turning the handle, open the box. Why didn't they bring firemen here to substantiate him? Old Holloway told the truth when he made that affidavit in my office when he said Old Jim Conley is my nigger.'"
"The true facts are when Frank came down to that elevator Sunday morning, the box was open, and the key was in his pocket."
Rosser: "Now, your Honor, there isn't a bit of evidence to support that statement."
Dorsey (as one of his deputies handed him the record): "Your Honor, the evidence sustains me in this case, just as it did in the other. I am going to read you Boots Rogers' direct testimony: I didn't see him in the room, but I saw him
turn into what I thought was a closet, but afterwards found it was a place where someone slept. There was a bed in there.'"
"I don't care what he led out of him," answered Rosser: "I read him the cross-examination, which was the truth."
Judge Roan: "Mr. Rosser, don't interrupt him as long as he stands by the records."
Dorsey: "Yes. I want him to interrupt me. I don't want to misrepresent this case. There is enough straight evidence. I don't want to mislead this jury."
Judge Roan: "I just wanted to know whether you meant the statement that the key was in Frank's pocket as a deduction or a statement of evidence?"
Rosser: "That's what I am objecting to. He stated something that was not so. I don't mean that knew it was not so."
Waives Point
As Immaterial.
Dorsey: "I don't care anything about that point. It is my recollection that it is true, but I waive it as immaterial."
"Frank says that after looking at the body he identified it as that of the little girl who had been up the day previous and got her money. He went back to the factory, unlocked the safe, got out his books and found out that there was a girl by the name of Mary Phagan who had got her money the day before."
"This made it impossible for a mistake. He might have added, I found her back in the metal room. I made my lascivious proposals to her. She refused me, I struck her too hard and knocked her unconscious. Realizing my predicament, I choked her to death. I had made her envelope out 52 times a year. I had passed her machine every day that she worked. I had called her by name. I had placed me hand on her should.' Of course, it was Mary Phagan. There could be no mistake."
"Frank said in his statement before you. Geesling turned her head toward me. He put his finger in the wound on the back of her head. Her face was scratched. Her right eye was blackened. Her tongue was out and there was a deep indentation in her neck. There was blood on the back of her head. Her face was begrimed and dirty.'"
"Do you mean to say that in that flash that Frank took at the face, if indeed he did take any glance at all that he could have comprehended all this detail?"
"Is Detective Starnes a perjurer? Frank said that in his conversation with Starnes the morning of the murder, he asked over the telephone: What is the matter; has there been a fire at the factory?' He said that Starnes replied: No, there has been a tragedy and we want you down right away.'"
"But Starnes testified that he never used the word tragedy.' And that he gave Frank no intimation of what had happened. Again, it has been imputed that the detectives and police force have centered all their activities against Frank, and they have refused to hold any theory which involved anyone else. But if they had been looking for the easiest man to convict, wouldn't they have picked out someone else than Frank?"
Easier To Have
Picked Some One Else.
"It would have been easier if the detectives wanted to move along the line of least resistance to have picked out Newt Lee, Gantt or Conley."
"Again, Newt Lee says that Frank called up Saturday night something that he had never done before. Frank says that he asked about Gantt; that he asked if Gantt had left the factory yet. But Newt Lee says that Gantt's name never was mentioned, and that Frank only asked if anything had happened at the factory."
"Frank had instructed Newt Lee previously not to let Gantt in, whether because he did not want Gantt to see him talking to little Mary Phagan, I do not know. But when he called up Newt Lee that night, you know it was not so much to find out if Gantt had gone as to find out if Newt Lee in making his rounds had discovered the body of the dead girl."
"Frank's lawyers asked you, Would you convict this defendant on this circumstance, or on that circumstance?' No; but I would put all these circumstances together and I would say, inconformity to truth and justice, that they bound an unbreakable strand about this man. They make such a rope, such a strand, such a cable, that it not only is impossible to conceive any doubt at all."
"Frank was in jail. He made a statement that he didn't leave the office between certain hours. Frank didn't know that his own detective, Harry Scott, had found Monteen Stover, who went to the factory that day and found Frank absent."
"In his statement before you, Frank tried to get around this by saying that he had no recollection of leaving his office, although he may have done so unconsciously as men often do. But I tell you that if he had not been back there with Mary Phagan, Monteen Stover would have seen him and got her pay."
"Harry Scott, working with the city detectives, asked Frank these questions: From the time that you came back from Montay's until you went upstairs at 12:50 to see Mrs. White, did you leave your office?'" Frank said "no."
"Scott asked: From the time that you left Montag's until Mary Phagan came for her pay, did you leave your office?' Frank said no.'
"Can Not Believe
Frank's Story."
"Not until Frank saw the wonderful capacity and the wonderful ability the devotion to truth and right of Harry Scott, did he set him out from his councils. Not realizing the importance of his statement, he told his own detective right in the presence of John Black that at no moment from the time return from Montag's until 12:50 did he stir out of his office."
"Do you mean to tell me that a conscientious jury can believe this man in his statement on the stand which throws aside the story he told his own detective? You can do it, but as you live wherever you go, your conscience will oppress you."
"If you, do it, you lose the peace of mind that goes with a clear conscience and that goes with a knowledge of duty well done."
"He indicated nervousness when he talked to Starnes. When Black went out to get him and he sent his wife to the door, he betrayed nervousness by the rapidity in the form of the questions he put."
"But before that he had warned old Newt Lee to come back at 4 o'clock. Dutiful old darky that he was. Newt Lee was there. He found Frank engaged in washing his hands. He sent old Newt out although Newt insisted that he wanted to sleep, and there were plenty of places around that factory where he could have lain down and had a nap. But no, Frank was waiting for Jim Conley. He wanted him to come back and burn that body so that the police of Atlanta today would not have solved the mystery of the death of Mary Phagan and probably would not have known she was killed in the factory."
"Frank Needed to
Be Sustained."
"He didn't want Gantt to go into that factory, but met him at the door. Gantt told him he wanted to get a pair of shoes. I was almost providential that Gantt had two pairs of shoes there. Frank hung his head and said he noticed a boy sweeping out a pair of shoes. He gave the color of the pair, but when Gantt insisted that there were two pairs, he allowed him to go in with old Newt Lee. Lo and behold, both pairs were found!"
"Frank told you how he acted on that occasion. Newt Lee told you how he jumped. Starnes and Black said he was nervous. You say (pointing to Frank) it was because of the auto-ride; it was because you had missed breakfast; it was because of the grewsome sight."
"Oh, he needed to be sustained. He needed someone to support him when he sent his wife to the door. He needed someone to support him when he had her telephone to Darley to meet him at the factory. He needed to be sustained when he sent for Haas. He needed to be sustained when he sent for Rosser, big of reputation and big of frame, dominating and controlling so far as he can, everybody he can."
"And this man Darley we had to get into the enemies' camp to get him. Fortunately, I got on the job early and issued a subpoena for him. Fortunately, Darley did not know he did not have to come, so he obeyed and made an affidavit in my office. Therefore, he came up here and upheld his affidavit in so far as he had to."
"Darley said
that Frank was nervous and trembled in the factory. He said he shook like an aspen land when he sat on his lap in the automobile. He said in his affidavit to me Frank was completely unstrung."
"This man called for coffee at the factory, as Durant called for Bromo seltzer; trembling and shaking, he said it was due to looking on such a grewsome sight. Durant explained his appearance from inhaling gas. You tell me these statements of his explain away the evidence of his nervousness? No, you know it was only the consciousness of the infamous crime that he had committed."
"That isn't all. This man Grice was going to catch on the second morning after the murder stopped at the factory and saw him. He swore he was nervous."
Trembled in Shoes at
Fear of Scott.
At this point the jury was allowed to retire for a soft drink.
"Old Newt Lee says that when he went back to the factory that Saturday afternoon at 4 o'clock," said Dorsey in resuming his argument "he found the inside door locked. He says that Frank came out of his office and given him instructions. That light down in the cellar that had always burned bright was turned down until it glowed no more than a lightening bug. You tell me old Jim Conley felt the necessity of turning down that light? I tell you it was turned down by Leo Frank when he went down to place the notes beside the body after he had found that Jim Conley wasn't coming back to burn it."
"He turned it down in the hopes that Newt Lee would not discover the body that night."
"And here is Harry Scott. It didn't take an affidavit to hold him to the truth, though I tell you I trembled in my shoes after my experience with Darley. While he was their detective, Scott was one of the most important witnesses for the State. For a time, I was fearful he had thrown me down. But he stood by the truth like a man. He said that Frank squirmed and twisted in his seat; rubbed his face, sighed and drew deep breaths."
"On his way to the police station, Darley, the man next to him in power, said he trembled on his knee that he was nervous and pale; that his eyes were large."
"Tuesday morning, just before he was arrested, if he ever was arrested, Policeman Waggoner, sent to watch him from across the street, found him pacing back and forth in his office. He said that he came to the window and looked out at least twelve times within thirty minutes."
Not Dared To
Impeach Kelley.
"I have already talked to you about the time element. The defense has shown that McCoy did not have a watch. They have tried to down George Kenly, and there have been impeachments on both sides. They have tried to impeach George Epps, but there is one man for the State upon whom they have not dared to cast suspicion. That is this man M. Kelly, who rode on the same car with Matthews and Hollis from Broad and Marietta streets to beyond Hunter. He says that he knew Hollis and Matthews and that he knew Mary Phagan was not on the car. There is no impeachment of him."
"Mr. Rosser says that he does not care anything about the medical evidence that he paid but little attention to it. Well, gentlemen of the jury, I am not going back on my praising, and there is nothing more wholesome for the normal stomach than cabbage, cornbread and buttermilk, and it's good enough for any man."
"Rosser's words that he does not care for the medical evidence are belied by the number of men they brought in on this particular evidence. They did not bring one reputable chemist to refute the testimony of Dr. Roy F. Harris. They brought in surgeons and general practitioners. Why, I would not be surprised if their reason or going out to get these general practitioners was not in the effort to get some of the family physicians to bring here and influence the jury."
Arnold objected.
"Your honor," he said, "that is absolutely unfair. It is insulting to the jury."
"I insist that my words are eminently proper," said Dorsey. "I have not changed any fact. I am simply expressing my opinion. I am going to compare the qualifications of the physicians they brought in with that of the experts we placed upon the stand. They went out and got general practitioners, and I am bringing out the fact that there must have been some other reason than any knowledge their physicians might have."
"Go on," said Judge Roan.
"I thought so," said Dorsey.
PAGE 7
JURY VOTING ON FRANK'S CASE
Solicitor Dorsey and Judge Roan Finish Speeches
LEO, FRANK ON HIS WAY
FROM JAIL TO COURT
This photo was
snapped as
Frank left the
Tower.
Frank always
is nattily
attired, and walks briskly from the auto
which brings
him from the tower to courtroom.
The accused never is
handcuffed
to the Sheriff,
as are men
considered
desperate
prisoners.
JUDGE REFUSES NEW
TRIAL TO DEFENSE AS
STATE CLOSES PLEA
The fate of Leo M. Frank, National Pencil Factory superintendent accused of the slaying of Mary Phagan is in the hands of the jury.
After four weeks of the greatest legal battle in the history of the South the case was given Monday at 12:49 to the twelve men who have been silent attentive listeners to the evidence for and against. The jury returned from dinner formally to begin its deliberations.
Atlanta and the State, and thousands in other States awaited the verdict with a tensity not equaled in any other criminal case in Dixie's annals: Those who believed that Solicitor Hugh M. Dorsey, whose work has been the sensation of the trial, had won his fight saw a good omen in the move of the defense for a mistrial.
The motion for a new trial was made by Attorney Reuben Arnold on the grounds that the evidence of perversion contained in Jim Conley's statement had been illegally allowed to stand on the records and that the jury had been subjected to improper influencing in the hearing of the crowds cheering of Dorsey on the street nearing the courtroom
Judge Roan denied the motion after Solicitor Dorsey in a brief but vigorous address branded the grounds as trifling.
The conclusion of the great trial attracted by far the greatest crowd since the opening and thousands failed to gain entrance to the scene of the legal combat. Special police, including a corps of mounted men, were at the scene trying to scatter the mass of humanity with but poor success.
Frank Hears Assault Without Quiver.
The silent prisoner in this most remarkable of tragic drama seemed as much the stoic as on any day of the ordeal. He listened to Solicitor Dorsey's renewed assaults, made impassionately and unsparingly, without a trace of fear or quailing showing on his face. He heard Judge Roan tell the jury that if the evidence convinced it, he could be sentenced "to hang by the neck till dead," without a flicker of an eyelash. He surveyed the obviously hostile crowd in the courtroom coolly. He looked somewhat sallower than on previous days, but his nerve was as remarkable as ever.
With his wife whose fortitude has been as astonish as his own except on one or two occasions, it was different. The approach of the end had apparently unnerved her. The woman who had steeled herself to hear her husband denounced as one of the greatest criminals in the history of the world, had heard him compared to the vilest in the Hall of Infancy, without a murmur of protest or a sign of remonstrance, broke down as the time came to put his life in the hands of "twelve good men and true." All during Judge Roan's solemn charge she wept on her husband's shoulder. The strain of the tremendous ordeal had been too much for her and the tears flowed unrestrained. Frank's mother did her best to soothe her.
Prisoner Taken Back to Tower.
When the case was delivered into the hands of the jury Frank was taken back to the Tower to the cell he has occupied since the closing days of April.
The jury before formally taking up its momentous task of arriving at a verdict went to lunch at the German Caf on Pryor s
treet. Court, however, formally reconvened at 1 o'clock for the consideration of what evidence should be allowed to go before the jury. Judge Roan heard arguments by the lawyers for both sides. The most important decision was one made over the plea of Solicitor Dorsey ruling that all of Jim Conley's affidavits should be put before the jurors.
The argument over the documentary evidence to be submitted to the jury was long and heated. The fight was particularly over the affidavits of E. M. Holloway made to Dorsey and that of Minola McNight, cook in the Frank home, made to the police, and the statement Frank made at the police station the day of his arrest.
The Solicitor finally admitted that the affidavits of Holloway and Minola McKnight had not been submitted but said he would look up the records to determine if Frank's statement had been submitted.
Dorsey and Hooper Loudly Cheered.
When Solicitor Dorsey and Attorney Hooper left the courtroom where they were vociferously cheered by a tremendous crowd insisted on thronging about the courtroom.
Solicitor Dorsey finished his speech at 12 o'clock and for forty minutes the lawyers clashed over the defense's plea for a new trial, with the State finally victorious.
Judge Roan had finished delivering his charge at 12:45 o'clock. The Judge's charge made no effort to review the evidence in any way and did not attempt, of course, to explicitly define just what a reasonable doubt is except that it must be more than an official doubt.
The judge said the jurors could bring in with a verdict o text is illegible here ty a recommendation that the prisoner be sent to the penitentiary for life.
PAGE 8
DORSEY RIDDLES FRANK'S OWN STATEMENT IN FINAL PLEA
Crowds Outside and Inside of Court Vociferously Applaud Solicitor
GOOD CHARACTER NO BAR
TO CONVICTION, ASSERTS
JUDGE CHARGING JURY
Here is Judge Roan's complete charge to the jury verbatim:
"Gentleman of the Jury This bill of indictment charges Leo M. Frank with the offense of murder. The charge is that Leo M. Frank, in this county, on the 26th day of April of this year, with force and arms did unlawfully and with malice aforethought kill and murder one Mary Phagan by then and there choking her, the said Mary Phagan, with a cord placed around her neck."
"To this charge made by the bill of indictment found by the Grand Jury of his county recently impaneled Leo M. Frank, the defendant, file a plea of not guilty. The charge as made by the bill of indictment on the one hand and his plea of not guilty filed therein form the issue, and you, gentlemen of the jury have been selected, chosen and sworn to try the truth of this issue."
"Leo M. Frank, the defendant, commences the trial of this issue with the presumption of innocence in his favor, and this presumption of innocence remains with him, to shield him and protect him, until the State shall over come it and remove it by evidence offered to you, in your hearing and presence, sufficient in its strength and character to satisfy your minds beyond a reasonable doubt of his guilty of each and every material allegation made by the bill of indictment."
"I charge you, gentlemen, that all of the allegations of this indictment are material, and it is necessary for the State to satisfy you of their truth by evidence that convinces your minds beyond a reasonable doubt of his guilt before you would be authorized to find a verdict of guilty."
Must Be More Than
Beyond Mere Doubt.
"You are not compelled to find, from the evidence, his guilt beyond any doubt, but beyond a reasonable doubt, such a doubt as grows out of the evidence in the case, or for the want of evidence, such a doubt as a reasonable and impartial man would entertain about matters of the highest importance to himself after all reasonable efforts to ascertain the truth. This does not mean a fanciful doubt, one conjured up by the jury, but a reasonable doubt."
"Gentlemen, this defendant is charged with murder. Murder is defined to be the unlawful killing of a human being, in the peace of the State, by a person of sound memory and discretion, with malice aforethought, either express or implied."
"Express malice is that deliberate intention unlawfully to take away the life of a fellow-creature which is manifested by external circumstances capable of proof."
"Malice shall be implied where no considerable provocation appears, and where all of the circumstances of the killing show an abandoned and malignant heart."
"There is no difference between express and implied malice except in the mode of arriving at the fact of its existence. The legal sense of the term malice' is not confined to particular animosity to the deceased, but extends to an evil design in general. The popular idea of malice in the sense of revenge, hatred, ill will, has nothing to do with the subject. It is an intent to kill a human being in a case where the law would neither justify nor in any degree excuse the intention if the killing should take place as intended. It is a deliberate intent unlawfully to take human life, whether it springs from hatred, ill will or revenge, ambition, avarice or other like passion. A man may for the intent to kill, do the killing instantly, and regret the deed as soon as done. Malice must exist at the time of the killing. It need not have existed any length of time previously."
Law Presumes Malice
If Homicide Is Proven.
"When a homicide is proven, if it is proven to be the act of the defendant, the law presumes malice, and unless the evidence should relieve the slayer he may be found guilty of murder. The presumption of innocence is removed by proof of the killing of the defendant. When the killing is shown to be the act of the defendant, it is then on the defendant to justify or mitigate the homicide. The proof to do that may come from either side, either from the evidence offered by the State to make out its case, or from the evidence offered by the defendant or the defendant's statement."
"Gentlemen of the jury, you are made by law the sole judges of the credibility of the witnesses and the weight of the testimony of each and every witness. It is for you to take this testimony as you have heard it in connection with the defendant's statement, and arrive at what you believe to be the truth."
"Gentlemen, the object of all legal investigation is the discovery of truth. That is the reason of you being selected, impaneled and sworn in this case to discover what is the discovery of truth. That is the reason of you being selected, impaneled and sworn in this case to discover what is the truth on this issue formed on this bill of indictment, is Leo M. Frank guilty? Are you satisfied of that beyond a reasonable doubt from the evidence in this case? Or is his plea or not guilty of the truth? The rules of evidence are framed with a view to this prominent and seeking always for pure sources and the highest evidence.
"Direct evidence is that which immediately points to the question at issue. Indirect or circumstantial evidence is that which only to establish the issue by proof of various facts sustaining, by their consistency, the hypothesis claimed. To warrant a conviction on circumstantial evidence the proven facts must not only be consistent with the hypothesis of guilt, but must exclude every other reasonable doubt hypothesis save that of the guilt of the accused."
Character Issue
Of Importance.
"The defendant has introduced testimony as to his good character. On this subject I charge you that evidence of good character when offered by the defendant in a criminal case is always relevant and material, and should be considered by the jury, along with all the other evidence introduced, as one of the facts of the case. It should be considered by the jury, not merely where the balance of the testimony in the case makes it doubtful whether the defendant is guilty or not, but also where such evidence of good character may of itself generate a doubt as to the defendant's guilt. Goo
d character is a substantial fact, like any other fact tending to establish the defendant's innocence, and ought to be so regarded by the jury."
"Like all over facts proved in the case, it should be weighed and acclimated by the jury, for it may render that doubtful which otherwise would be clear. However, if the guilt of the accused is plainly proved to the satisfaction of the jury beyond a reasonable doubt, notwithstanding the proof of good character, it is their duty to convict. But the jury may consider the good character of the defendant, whether the rest of the testimony leaves the question of his guilt doubtful or not, and if a consideration of the proof of his good character considered along with the evidence, creates a reasonable doubt in the minds of the jury as to the defendant's guilt, then it would be the duty of the jury to give the defendant the benefit of the doubt thus raised by his good character, and to acquit him."
"The word character' as used in this connection means that general reputation which he bore among the people who knew him prior to the time of the death of Mary Phagan. Therefore, when the witnesses by which a defendant seeks to prove his good character are put upon the stand, and testify that his character is good, the effect of the testimony is to say that the people who knew him spoke well of him, and that his general reputation was otherwise good."
State Allowed to
Attack Character.
"When a defendant has put his character in issue, the State is allowed to attack it by proving that his general reputation is not good, or by showing that the witnesses who have stated that his character is good have untruly reported it. Hence the Solicitor General has been allowed to cross-examine the witnesses for the defense who were introduced to testify to his good character. In the cross-examination of these witnesses he was allowed to ask them if they had not heard of various acts of misconduct on the defendant's part."
"The Solicitor General had the right to ask any questions along this line he pleased, in order thoroughly to sift the witnesses, and to see if anything derogatory to the defendant's reputation could be proved by them."
"The court now wishes to say to you that, although the Solicitor General was allowed to ask the defendant's character witnesses these questions as to their having heard of various acts of alleged misconduct on the defendant's part, the jury is not to consider this as evidence that the defendant has been guilty of any such misconduct as may have been indicated in the questions of the Solicitor
MRS. FRANK ARRIVING
AT THE COURTHOUSE
The wife of
The defendant
In the Phagan
Case has not
Missed a
Session of the
Trial of her
Husband.
General, or any of them, unless the alleged witnesses testify to it."
"Furthermore, where a man's character is put in evidence and in the course of the investigation any specific act of misconduct is shown, this does not go before the jury for the purpose of showing affirmatively that his character is bad or that he is guilty of the offense with which he stands charged, but is to be considered by the jury only in determining the credibility and the degree of information possessed by those witnesses who have testified to his good character."
"When the defendant has put, his character is issue, the State is allowed to bring witnesses to prove that his general character is bad, and thereby to disprove the testimony of those who have stated that it is good. The jury is allowed to take this testimony, and have the right to consider it along with all the other evidence introduced on the subject of the general character of the defendant, and it is for the jury finally to determine from all the evidence whether his character was good or bad."
Good Character May
Create Reasonable Doubt.
"You will, therefore, observe that this the rule you will be guided by in determining the effect to be given to the evidence on the subject of the defendant's character. If, after considering all the evidence pro and con, on the subject of the defendant's character, you believe that prior to the time of Mary Phagan's death he bore a good reputation among those who knew him that his general character was good, you will consider that as one of the facts in the case, and I may be sufficient to create a reasonable doubt of the defendant's guilt. If it so impress your minds and consciences, after considering it along with all the other evidences in the case, and if it does, you should give the defendant the benefit of the doubt and acquit him."
"However, though you should believe his general character was good, still if, after giving due weight to it as one of the facts in the case, you believe from the evidence as a whole that he is guilty beyond a reasonable doubt, you should be authorized to convict him."
"If you believe beyond a reasonable doubt from the evidence in this case that this defendant is guilty of murder, then you would be authorized in that event to say We, the Jury, find the defendant guilty.'"
"Should you go no further, gentlemen, and say nothing else in your verdict, the court would have to sentence the defendant to the extreme penalty for murder, to wit; to be hanged by the neck until he is dead. But should you see fit to do so, in the event you arrive at the conclusion and belief beyond a reasonable doubt from the evidence that this defendant is guilty, then, gentlemen, you would be authorized in that event, if you saw fit to do so, to say: We, the jury, find the defendant guilty, and we recommend that he be imprisoned in the penitentiary for life.'"
"In the event you should make such a verdict as that, then the Court, under the law, would have to sentence the defendant to the penitentiary for life."
"You have heard the defendant make his statement. He had the right to make it under the law. It is not made under oath and he is not subject to examination or cross-examination. It is with you as to how much of it you will believe, or how little of it. You may go to the extent, if you see fit, of believing it in preference to the sworn testimony in the case."
"In the event, gentlemen, you have a reasonable doubt from the evidence, or the evidence and the statement together or either, as to the defendant's guilt as charged, then give the prisoner the benefit of that doubt, and acquit him the form of your verdict would be: We, the jury, find the defendant not guilty.' As honest jurors do your utmost to reach the truth from the evidence and statement as you have heard it here, then let your verdict speak it."
DEMANDS LEO FRANK BE
SENT TO GALLOWS AS
MARY PHAGAN'S SLAYER
Refreshed by the week-end recess, Solicitor General Dorsey returned Monday to the State's closing argument. By the force of logic and denunciation of his final words to the jury the Solicitor hopes to obtain a verdict of guilty against Leo M. Frank, charged with the murder of Mary Phagan.
The day and a half intermission furnished a breathing spell for the State's prosecutor. He came back to the battle with new spirit and with an absence of the fatigue that compelled him to stop his stirring argument Saturday and ask Judge Roan for a recess.
Solicitor Dorsey was vociferously cheered as he entered the courthouse by a crowd waiting for the trial to open, and in the courtroom there was applause as he went to the State's table within the railing.
Judge Roan entered the room as the applause died down while the deputies were rapping for order. He announced that if there was any semblance of a repetition, he would clear the courtroom. The judge declared that a similar occurrence might destroy the work of four long weeks and warned the audience to keep strict order.
Mr. Dorsey began his speech in a low, hoarse voice.
"Your honor and gentlemen of the jury," he said, I regret the necessity for having to carry this case over into another week and through another Sunday. I might have been able to have fin
ished my speech and his honor have delivered his charge and turned the case over to you. The circumstances made the present course wiser."
Begins to Riddle
Frank's Statement.
"When we close proceedings Saturday, I was giving you a brief analysis of the statement of the defendant. I am not going to any exhaustive study of that statement. It is unnecessary to further burden you with it. But there are certain language and statements which merit some consideration."
"The defendants stated after this honor had excluded our evidence, and excluded it properly, that his wife visited him at the police station. He stated that she was there with his father-in-law and his two brothers-in-law. He said Rabbi David Mardx was with him and that he consulted Dr. Marx on the advisability of having her to come up to the top float and see him surrounded by policemen, reporters and snapshotters. He doesn't prove by a living soul that this statement is true. You must rely on his own lips for its value."
"If they could have proved if by Dr. Marx, why didn't they do it? You tell me a loving wife lives who, conscious of a husband's innocence amid such circumstances, wouldn't have braved policemen, snapshotters to have seen him?"
Arnold jumped up.
"I object," he said, "to those outrageous references to his wife. I have sat here in silence during many of his unfair remarks, but to bring in the wife of this man who is on trial for his life is an outrage on law and decency and fairness."
"Let me see," said Judge Roan, "the evidence on which you are speaking, Mr. Dorsey."
Dorsey Fires Hot
Retort at Arnold.
"Let the galled jade wines," said Dorsey, sarcastically.
"He has no right to make any such statement," said Arnold, "It is wholly uncalled for."
"I submit the remark," retorted Dorsey, "of Mr. Rosser that this is an unfair speech (referring to an aside) is uncalled for. Frank said that his wife would not come to see him because she was afraid of the snapshotters and reporters and that she did not want to go through this line of newspaper men every time she came to see him. I tell you, gentlemen, there never lived a true wife who would not have gone through a line of snapshotters and reporters in spite of the contrary advice of a rabid or anyone else."
"Let us see who first found out Conley could write. Frank said, I was the man who made this discovery. I was the means of getting this Information to the police. I have received too many notes asking for loans not to know that he can write. I know that if you will look in the safe you will find some receipts for watches signed by him, and that if you will go to the jeweler's you probably will find other specimens of his handwriting."
"But Scott says that no such thing ever happened. Why didn't Frank, when those notes were found by the dead girl's body why didn't he then and there say that that was Conley's handwriting? Tip to the time that it was discovered that Conley could write Frank had said nothing. It was only through the work done by the detectives and the fact the Conley knew they had learned he could write that the negro finally was made to submit specimens of his handwriting."
"Why did Frank keep silent when he knew those notes were the key which would unlock the mystery?"
Dorsey turned to Frank at this point and said:
"You did know that he could write. You knew that if it was found out that the whole mystery would be solved. You had notes asking for loans. You had seen his writing by which he checked up the boxes of pencils. Why did you keep silent?"
"You saw him at the police station and even then never mentioned that he could write."
"Frank says that after this visit of Conley's to the jail, after Conley had gone to the factory and gone through his pantomime at the time almost exactly to the minute that he said it took, that on this visit to the jail he said, I told them if they would get the permission of Rosser that I would face Conley.' Now, gentlemen of the jury, Mr. Rosser was at Tallulah Falls that day. Therefore, there was no chance to get his permission that day. But Mr. Rosser was at Tallulah Falls that day, and when he got back did he allow Frank to face Conley? No, he did not."
"Gentlemen, you know it is true that never in the history of the Anglo-Saxon race and in the history of the African race has an ignorant, filthy negro ever accused a white man of crime where the white man was innocent and the white man decline to face the negro. There never lived in Georgia a lawyer who possessed half the ability of Rosser who sincerely believed in the innocence of his client who would not have said to this negro. Face my client.' You may say here that you did not know what Conley's statement was going to be, but you could have found out. You could have known."
Rosser Objects
To Being Criticized.
Mr. Rosser was on his feet with an objection to commenting on counsel. After a moment's wrangling, Mr. Dorsey insisting that he had a right to commont on the action of the defendant's counsel charging the facts in the record justified him. Judge Roan sustained the objection.
"But they see the force of it," continued Dorsey.
"Now, I don't think that's fair, your honour," said Rosser, interrupting again. There was another minute of wrangling, both Dorsey and Rosser speaking at the same time. Judge Roan again sustained Rosser.
Dorsey turned to the jury, and slapping his hand viciously on the ceiling, shouted:
"If they don't see the force of it you do."
Rosser objected again.
"I insist, your honor that that is entirely proper comment. I ask you, am I outside the record? I have a right to comment upon their conduct in declining to cross-examine witnesses."
"You may comment upon the act of Frank," interrupted Judge Roan, "in not facing Conley and upon his counsel not having given the permission, but it is not proper for you to comment upon why counsel for the defense did not do certain things."
Dorsey turned to the jury:
"This man Frank with Anglo-Saxon blood in his veins, a graduate of Cornell, a man of sense and intelligence and spirit, refused to see Conley because his counsel was not in town. But when his counsel returned and he still had the opportunity he dared not let Conley meet him. It is not necessary to take up this discussion. Would the weakest of you when innocent and wrongfully accused by a man with a black skin on the charge of murder let Rosser or any lawyer in the world keep you from confronting him and sailing the lie. No lawyer of any age or clime could prevent me from meeting a man, be he white or black, who had wrongfully accused me."
Pointing his finger at Frank he continued:
"You want in a room and interviewed old Newt Lee down at the police station at 12 o'clock at night. What did you do? Did you act like an innocent man who was trying to get at the truth? Oh, no!"
Declares Frank Dared
Not Attack Negro Lee.
"Instead of going after him and trying to get from him new light on his case this man at whom you had pointed an infamous suspicion to save your own neck and to save your reputation on Washington street and in the B'nai B'rith according to Lee, you hung your head and quizzed him not, but said: If you don't tell more about this we'll both go to hell.' Then in your statement to the jury, you tried to make it appear that your own detective, Scott, had concocted a scheme against you and lied about what happened."
"The reason Frank didn't put it up to Newt Lee was because he knew Net Lee was innocent. He knew he was guilty and he was only adding to the dastardly crime of assault on the virtue of this little girl by trying to break the neck of this old negro to save his own reputation and neck."
"Listen to his statement. He is smart. Listen how he qualifies and fixes so that when we come back with rebuttal the technical law will protect him. Old Newt Lee had been night watchman at that factory only a few weeks. There had been other night watchmen before, and th
e charges of going into the place for immoral purposes were during the time before Newt Lee came. He knew the detectives had charged that people had gone in there for immoral purpose but in his statement on the stand, he confined his denial to the time Newt Lee was there as high watchman."
"No, during the time old Newt Lee was there, there was but one person for whom your passion burned," the Solicitor continued, turning to Frank, little Mary Phagan. She never would go there with you. But if you were telling the truth, why didn't you make a bold and emphatic statement that none had ever been there. It was during the summer previous that Dalton and the others testified of the immorality there. There was the chance for impeachment of his statement, and yet you tell me that that's a good, fair, frank statement."
"Now, another thing, listen to this, I read from the defendant's statement, Now, in reference to those spots claimed to be blood spots found by Barrett, I don't say they are not blood. They are near the ladies' dressing room, and we also have many accidents near there. Let me say in connection with those accidents near there. Let me say in connection with those accidents that not all accidents are reported. Only those which incapacitate an employee are reported. But I say it might have been blood. It also might have been aniline dye or paint. I have seen girls drop bottles of this colored matter, btu if it had been fresh blood or fresh paint, the gasoline which was spread over it would have become pink or red instead of remaining white.'"
"Why Didn't They
Bring in a Chemist?"
"But I ask you if the gasoline would not have produced the identical result, which the witnesses say was produced? Why didn't you bring before the jury a reputable chemist and a man who would have sustained you in this contention. If you had time to bring in experts to attack the overwhelming evidence of Dr. Roy Harris, why, in the name of truth and justice, didn't you bring in just one chemist to support your theory of the blood spots?"
"You know the reason. You know they were blood spots. You know that you didn't bring in a chemist because the result of spreading the gasoline over blood would have been exactly the result that was produced in the dressing room on the second floor."
Dorsey turned toward the jury at this point and asked:
"Are you going to take this man's unsupported word when his lawyers are unable to get any reputable chemist to come in and stultify himself by declaring that those spots were not blood or that the result produced was not that of spreading gasoline over fresh blood?
"This defense can not they haven't got any defense. They circle and flutter, but never light. They grab at varnish, rat blood and Duffy's blood, but they never knuckle down to show that it was not blood. In view of the statement of Mell Stanford, who swept that floor and who says it was not there Friday: in view of the statements of Christopher Columbus Barrett, who, despite what they say, continues to draw his livelihood from the corners of the National Pencil Company; in view of the statements of a great many others who went there to see the blood spots, can we get but one solution of the matter? I say you can not."
"Then they fly onto another subject? It is the way they claim Jim Conley took that body into the basement. But, gentlemen of the jury, you know, and they know, that this body wasn't taken down that scuttlehole. It did not show there where the dust was thick. And then did he shoot her down the cute of the Clark Woodenware's place, where the body would have been concealed better and longer than where the body was found? Did this negro, who, they say, robbed this girl even if he had taken time to write the notes, even if they had hit her with a bludgeon do you think, gentlemen of the jury, that he would have taken the time to tie a cord around her neck a cord seldom found in the basement except when it was swept there with the trash, but the proper place for which was in that metal room on the second floor, where little Mary Phagan met her death? If he had done all that after he had sent her body down the cute why would he have gone down into the basement and have removed the body from its safest hiding place down there at the bottom of the chute, where the dust, trash and boxes would have kept it concealed for weeks at least? Why would he have removed it out there near the oiler, where the firemen and everyone else would have been sure to find it?"
"I tell you, gentlemen of the jury, that body was never sent down that chute; that body was never sent down that scuttlehole. It was taken down into the basement just as Jim Conely says it was."
"They fly off onto other things. Why, on May 1, when Holloway caught Jim Conley washing his shirt, he said, This is my negro.' Fifteen days later, when the second squad of Pinkertons came in, can you tell me, will you tell me, why if he shoved her down that hole, that not until the 15th of May was this bloody bludgeon found, and more blood than this girl has ever been shown to have lost was there?"
"Another thing, Frank said in his statement that this man Quinn came to him and told him he would like to take him back to the metal room, where, the newspapers said, and where everybody else said, and knew that morning, that some blood and some hair had been found."
Stresses Fact Frank
Hadn't Examined Spots.
"Although he had seen this in the papers, although he had heard from others in the factory that the spots and hair had been found, although he had been all around there, although the knowledge of the finding of these pots and hair had torn him to pieces, although he was so anxious to get the detectives to work on the case that he had phoned Schiff three times, yet Quinn had to come and ask him to come back there to see the spots."
"Tell me, was that the conduct of an innocent man anxious to help the police? But, strange to say, not even Lemmie Quinn comes to support you in this statement. No one ever saw Leo M. Frank go back there to examine those spots."
"If there was ever a spot on this earth that Frank did not want to see it was the blood spot back there in the metal room, the spot where this little girl met her death. If Frank went down there to the morgue and the sight of that little girl tore him to piece as he tells you it did, let any honest man on this jury tell me why it was he wanted to look upon her dead body again."
"Rogers says he didn't look at it. Black, says he didn't see him look at it."
Attorneys Arnold and Rosser entered strenuous objection.
"Rogers did not say that Frank did
Continued on Page 3, Column 1.
PAGE 11
CROWD SEEKING TO ATTEND THE LAST DAY OF FRANK TRIAL
DORSEY ANALYZES NOTES
AS HE ENDS STATE'S PLEA
Continued From Page 2.
not see the body," said Arnold.
Dorsey: "It is in the evidence. I am not going to quibble with you. It is the truth and you know it."
"When Frank came into the room," continued the Solicitor to the jury, "he did not see her. And if he went into that room, neither Rogers nor Black saw him look at her."
"I tell you, the truth is that Frank never looked at the body of the girl again. And even if he did, it was but a glace as the electric lights were switched on. He turned and went into another room."
Arnold interposed another objection. "Your honor," he said, "nothing has been said about Frank going into another room."
Dorsey: "It has. It is in the record, Rogers said it."
Arnold: "It is not in the record."
Dorsey: "I say it is in the record and I challenge you to produce it."
"We don't have to produce it," returned Arnold.
Arnold: "We object, your honor, to him saying that we are quibbling."
Judge Calls Halt
In Bitter Clash.
Dorsey: "Well, why don't you look it up then?"
Arnold: "Your Honor, we object. He has no right to go in this manner."
Judge Roan: "Mr. Dorsey, you must not say they are quibbling unless they are. If it is
in the record, they are not quibbling unless they are. If it is in the record, they are not quibbling. If it is in the record and they say it is not, then they are quibbling."
"If Frank ever looked that face," said Dorsey, "and I challenge the statement. It was so brief if she was dirty and begrimed, her hair bloody, her features contorted if he didn't know her better than he would have you think he did, he never could have identified her."
"Why did he go back there Sunday afternoon? He had been in the bosom of his family and failed to show any nervousness. He said himself he was torn all to pieces. He went back there to put his ear to the ground to see if there were any whisperings accusing Leo Frank of the crime."
"Rogers didn't see him look at her. Black didn't see him. He himself said the sight tore him to pieces."
"On the way to the police station he trembled on Darley's knee. But like a dog to his vomit, a sow to her wallow, he went back to review that ghastly sight. I ask you if he didn't go back to see if the police suspected Leo M. Frank?"
"He admits his nervousness in the presence of the officers. The Seligs said he was not nervous at home."
Rosser interrupted: "I have the record of that evidence. The question was: You now say he went into that dressing room? A. I wouldn't say. He passed out of my view.'"
Dorsey: "That's cross-examination."
Rosser: "Yes, but it's the truth."
Dorsey: "All right. I am glad you corrected me. The gist of the matter is that he didn't look at the body of little Mary Phagan."
Rosser: "He's wrong about that."
Dorsey: "Take it your way. I am going to throw you that piece of sop. The point is, Frank wanted to get out of the way of the officers. If he went into that room, it was so brief a time, that nobody saw it. He was afraid of anyone who represented the majesty of the law."
"Reads Joke to Assure
All of Self-possession."
"Out home Saturday night he wanted to assure every one of his self-possession by reading a joke. The laughter was the laughter of a guilty conscience. It jarred. He wasn't nervous at home. But he trembled when he had to discuss the matter with the minions of the law."
"Frank was nervous when he went to run the elevator. He stated he left the box open because of the request of a member of the fire department, who had told him that in case of fire, there was danger of the firemen being shocked if they could not cut off the power."
"Why was that necessary when it was so simple to get the key and just by turning the handle, open the box. Why didn't they bring firemen here to substantiate him? Old Holloway told the truth when he made that affidavit in my office when he said Old Jim Conley is my nigger.'"
"The true facts are when Frank came down to that elevator Sunday morning, the box was open, and the key was in his pocket."
Rosser: "Now, your Honor, there isn't a bit of evidence to support that statement."
Dorsey (as one of his deputies handed him the record): "Your Honor, the evidence sustains me in this case, just as it did in the other. I am going to read you Boots Rogers' direct testimony: I didn't see him in the room, but I saw him turn into what I thought was a closet, but afterwards found it was a place where someone slept. There was a bed in there.'"
"I don't care what he led out of him," answered Rosser: "I read him the cross-examination, which was the truth."
Judge Roan: "Mr. Rosser, don't interrupt him as long as he stands by the records."
Dorsey: "Yes. I want him to interrupt me. I don't want to misrepresent this case. There is enough straight evidence. I don't want to mislead this jury."
Judge Roan: "I just wanted to know whether you meant the statement that the key was in Frank's pocket as a deduction or a statement of evidence?"
Rosser: "That's what I am objecting to. He stated something that was not so. I don't mean that knew it was not so."
Waives Point
As Immaterial.
Dorsey: "I don't care anything about that point. It is my recollection that it is true, but I waive it as immaterial."
"Frank says that after looking at the body he identified it as that of the little girl who had been up the day previous and got her money. He went back to the factory, unlocked the safe, got out his books and found out that there was a girl by the name of Mary Phagan who had got her money the day before."
"This made it impossible for a mistake. He might have added, I found her back in the metal room. I made my lascivious proposals to her. She refused me, I struck her too hard and knocked her unconscious. Realizing my predicament, I choked her to death. I had made her envelope out 52 times a year. I had passed her machine every day that she worked. I had called her by name. I had placed me hand on her should.' Of course, it was Mary Phagan. There could be no mistake."
"Frank said in his statement before you. Geesling turned her head toward me. He put his finger in the wound on the back of her head. Her face was scratched. Her right eye was blackened. Her tongue was out and there was a deep indentation in her neck. There was blood on the back of her head. Her face was begrimed and dirty.'"
"Do you mean to say that in that flash that Frank took at the face, if indeed he did take any glance at all that he could have comprehended all this detail?"
"Is Detective Starnes a perjurer? Frank said that in his conversation with Starnes the morning of the murder, he asked over the telephone: What is the matter; has there been a fire at the factory?' He said that Starnes replied: No, there has been a tragedy and we want you down right away.'"
"But Starnes testified that he never used the word tragedy.' And that he gave Frank no intimation of what had happened. Again, it has been imputed that the detectives and police force have centered all their activities against Frank, and they have refused to hold any theory which involved anyone else. But if they had been looking for the easiest man to convict, wouldn't they have picked out someone else than Frank?"
Easier To Have
Picked Some One Else.
"It would have been easier if the detectives wanted to move along the line of least resistance to have picked out Newt Lee, Gantt or Conley."
"Again, Newt Lee says that Frank called up Saturday night something that he had never done before. Frank says that he asked about Gantt; that he asked if Gantt had left the factory yet. But Newt Lee says that Gantt's name never was mentioned, and that Frank only asked if anything had happened at the factory."
"Frank had instructed Newt Lee previously not to let Gantt in, whether because he did not want Gantt to see him talking to little Mary Phagan, I do not know. But when he called up Newt Lee that night, you know it was not so much to find out if Gantt had gone as to find out if Newt Lee in making his rounds had discovered the body of the dead girl."
"Frank's lawyers asked you, Would you convict this defendant on this circumstance, or on that circumstance?' No; but I would put all these circumstances together and I would say, inconformity to truth and justice, that they bound an unbreakable strand about this man. They make such a rope, such a strand, such a cable, that it not only is impossible to conceive any doubt at all."
"Frank was in jail. He made a statement that he didn't leave the office between certain hours. Frank didn't know that his own detective, Harry Scott, had found Monteen Stover, who went to the factory that day and found Frank absent."
"In his statement before you, Frank tried to get around this by saying that he had no recollection of leaving his office, although he may have done so unconsciously as men often do. But I tell you that if he had not been back there with Mary Phagan, Monteen Stover would have seen him and got her pay."
"Harry Scott, working with the city detectives, asked Frank these questions: From the time that you came back from Montay's until you went upstairs at 12:50 to see Mrs. White, did
you leave your office?'" Frank said "no."
"Scott asked: From the time that you left Montag's until Mary Phagan came for her pay, did you leave your office?' Frank said no.'
"Can Not Believe
Frank's Story."
"Not until Frank saw the wonderful capacity and the wonderful ability the devotion to truth and right of Harry Scott, did he set him out from his councils. Not realizing the importance of his statement, he told his own detective right in the presence of John Black that at no moment from the time return from Montag's until 12:50 did he stir out of his office."
"Do you mean to tell me that a conscientious jury can believe this man in his statement on the stand which throws aside the story he told his own detective? You can do it, but as you live wherever you go, your conscience will oppress you."
"If you, do it, you lose the peace of mind that goes with a clear conscience and that goes with a knowledge of duty well done."
"He indicated nervousness when he talked to Starnes. When Black went out to get him and he sent his wife to the door, he betrayed nervousness by the rapidity in the form of the questions he put."
"But before that he had warned old Newt Lee to come back at 4 o'clock. Dutiful old darky that he was. Newt Lee was there. He found Frank engaged in washing his hands. He sent old Newt out although Newt insisted that he wanted to sleep, and there were plenty of places around that factory where he could have lain down and had a nap. But no, Frank was waiting for Jim Conley. He wanted him to come back and burn that body so that the police of Atlanta today would not have solved the mystery of the death of Mary Phagan and probably would not have known she was killed in the factory."
"Frank Needed to
Be Sustained."
"He didn't want Gantt to go into that factory, but met him at the door. Gantt told him he wanted to get a pair of shoes. I was almost providential that Gantt had two pairs of shoes there. Frank hung his head and said he noticed a boy sweeping out a pair of shoes. He gave the color of the pair, but when Gantt insisted that there were two pairs, he allowed him to go in with old Newt Lee. Lo and behold, both pairs were found!"
"Frank told you how he acted on that occasion. Newt Lee told you how he jumped. Starnes and Black said he was nervous. You say (pointing to Frank) it was because of the auto-ride; it was because you had missed breakfast; it was because of the grewsome sight."
"Oh, he needed to be sustained. He needed someone to support him when he sent his wife to the door. He needed someone to support him when he had her telephone to Darley to meet him at the factory. He needed to be sustained when he sent for Haas. He needed to be sustained when he sent for Rosser, big of reputation and big of frame, dominating and controlling so far as he can, everybody he can."
"And this man Darley we had to get into the enemies' camp to get him. Fortunately, I got on the job early and issued a subpoena for him. Fortunately, Darley did not know he did not have to come, so he obeyed and made an affidavit in my office. Therefore, he came up here and upheld his affidavit in so far as he had to."
"Darley said that Frank was nervous and trembled in the factory. He said he shook like an aspen land when he sat on his lap in the automobile. He said in his affidavit to me Frank was completely unstrung."
"This man called for coffee at the factory, as Durant called for Bromo seltzer; trembling and shaking, he said it was due to looking on such a grewsome sight. Durant explained his appearance from inhaling gas. You tell me these statements of his explain away the evidence of his nervousness? No, you know it was only the consciousness of the infamous crime that he had committed."
"That isn't all. This man Grice was going to catch on the second morning after the murder stopped at the factory and saw him. He swore he was nervous."
Trembled in Shoes at
Fear of Scott.
At this point the jury was allowed to retire for a soft drink.
"Old Newt Lee says that when he went back to the factory that Saturday afternoon at 4 o'clock," said Dorsey in resuming his argument "he found the inside door locked. He says that Frank came out of his office and given him instructions. That light down in the cellar that had always burned bright was turned down until it glowed no more than a lightening bug. You tell me old Jim Conley felt the necessity of turning down that light? I tell you it was turned down by Leo Frank when he went down to place the notes beside the body after he had found that Jim Conley wasn't coming back to burn it."
"He turned it down in the hopes that Newt Lee would not discover the body that night."
"And here is Harry Scott. It didn't take an affidavit to hold him to the truth, though I tell you I trembled in my shoes after my experience with Darley. While he was their detective, Scott was one of the most important witnesses for the State. For a time, I was fearful he had thrown me down. But he stood by the truth like a man. He said that Frank squirmed and twisted in his seat; rubbed his face, sighed and drew deep breaths."
"On his way to the police station, Darley, the man next to him in power, said he trembled on his knee that he was nervous and pale; that his eyes were large."
"Tuesday morning, just before he was arrested, if he ever was arrested, Policeman Waggoner, sent to watch him from across the street, found him pacing back and forth in his office. He said that he came to the window and looked out at least twelve times within thirty minutes."
Not Dared To
Impeach Kelley.
"I have already talked to you about the time element. The defense has shown that McCoy did not have a watch. They have tried to down George Kenly, and there have been impeachments on both sides. They have tried to impeach George Epps, but there is one man for the State upon whom they have not dared to cast suspicion. That is this man M. Kelly, who rode on the same car with Matthews and Hollis from Broad and Marietta streets to beyond Hunter. He says that he knew Hollis and Matthews and that he knew Mary Phagan was not on the car. There is no impeachment of him."
"Mr. Rosser says that he does not care anything about the medical evidence that he paid but little attention to it. Well, gentlemen of the jury, I am not going back on my praising, and there is nothing more wholesome for the normal stomach than cabbage, cornbread and buttermilk, and it's good enough for any man."
"Rosser's words that he does not care for the medical evidence are belied by the number of men they brought in on this particular evidence. They did not bring one reputable chemist to refute the testimony of Dr. Roy F. Harris. They brought in surgeons and general practitioners. Why, I would not be surprised if their reason or going out to get these general practitioners was not in the effort to get some of the family physicians to bring here and influence the jury."
Arnold objected.
"Your honor," he said, "that is absolutely unfair. It is insulting to the jury."
"I insist that my words are eminently proper," said Dorsey. "I have not changed any fact. I am simply expressing my opinion. I am going to compare the qualifications of the physicians they brought in with that of the experts we placed upon the stand. They went out and got general practitioners, and I am bringing out the fact that there must have been some other reason than any knowledge their physicians might have."
"Go on," said Judge Roan.
"I thought so," said Dorsey.
Arnold Objects To
Dorsey's Statements.
"Your honor, we object to that," said Arnold. "He has no right to make such comments as that."
"He has the right to comment on his opinion," said Judge Roan.
"Well, we want both of our objections recorded, your honor," said Arnold. "Of course, you may rule them out, but we insist on it just the same."
"I can see no other reason," continued Dorsey, "for going out and getting general practitioners exc
ept upon that theory, and I saw that the number of doctors put up here by the defense belies the statements of Mr. Rosser that they did not attach much importance to the State's contention that little Mary Phagan met her death at a certain time."
"I say, gentlemen of the jury, that Mary Phagan met her death some time between the time she entered the factory shortly after noon and the time Mrs. White came in at 12:35 or whatever time it was and found Frank at the safe and Frank jumped at the sight of her."
"Then they put this young man of seven years' experience, the young man from Michigan against Dr. Roy F. Harris, secretary of the Georgia State Board of Health, a native born Georgian and one of the most eminent authorities in the State. Mr. Rosser says that he admitted Dr. Harris' father to the bar and that his father was one of the brainiest men he ever knew, but that his son is not of the same quality."
"But, gentlemen of the jury, will you take the opinion of the young men of seven years' experience and the other young men, the pathologist of Alsace Loraine, against the opinion of Dr. Harris. Take this man Olmstead, surgeon of the Georgia Railway and Electric Company, a man who saws off bones and experiments with cabbage in diseased stomachs. Why this man had a perfect diarrhea of words and constipation of ideas. You tell me that his word and that of the other general practitioners tis to be taken against such testimony as that of Roy Harris, a pathologist of note, and against Clarence Johnson and of Niles and Funke?"
"I want to read you here an excerpt from the address of a lawyer named Hammond, who was prosecuting a man by the name of Dunbar for the murder of two little children. His words are better than I could speak. It will explain the cause of all this nervousness of Leo Frank."
Nature's Accusation, He
Calls Nervousness.
"It had to come, a mighty secret of fact in his heart, the overwhelming consciousness of guilt. It was nature overburdened with a terrible load that spoke. It was fear, remorse and terror, remorse for the past and terror for the future. Special shadows dotted before him, the specter of the girl, this trial, the gallows, and infamy. Guilt forces itself into the speech and conduct and is its own betrayer."
"So far not a word about Conley. Let us discuss Conley for a moment. We can leave Conley out and we have got a course of conduct indicative of guilt, because it is consistent with the theory of guilt and inconsistent with any other hypothesis."
"Is Dalton a low-down character? If so, is he not exactly the kind of a man that would be found consorting with this woman. Daisy Hopkins, I grant you that Dalton in his younger days was not what he would have been. You brought witnesses from Walton County to testify as to his bad character, but we took Dalton after he got to Atlanta and did for him what you didn't dare to do for Daisy Hopkins. We gave him a good character. Rosser says, Once a thief, always a thief.' He says that a thief is eternally damned, but Christ in His dying agony on the cross turned to the thief at his side and said, This day shall thou be with Me in Paradise.'"
"If our religion teaches anything, it teaches that a thief can be reformed; that he may be rehabilitated and become a useful member of society."
"Did we sustain Dalton? By far more witnesses than you put here to impeach him. Did we sustain Dalton? We sustained him not only as to character, but also by C. T. Mayer, unimpeached and unimpeachable, who testified that he actually saw Dalton go into the pencil factory with a woman."
"Corroboration of Conley? Of course, it's corroboration of Conley. They failed absolutely and ingloriously to explain this woman, Daisy Hopkins, which is another corroboration of Conley."
Rosser Could Have Found
Who Dressed Up Conley.
"Rosser said he would give anything to know who dressed Jim Conely up. If he would use half the effort to find this out that he did to impeach Dalton he would have found it out really enough. The man who dressed up this negro, whom you would have dressed in deserved not the condemnation but the praise of this jury."
"Let us see why Jim Conley should now have been delivered into the hands of the police, which, if no better than the Sheriff, are just as good."
Dorsey picked up a copy of the plea in the habeas corpus proceedings which resulted in the removal of Conley from the county jail back to the police station, and read it through.
"This plea charged many things,"
Continued on Page 12, Column 1.
PAGE 12
WITNESSES FOR DEFENSE
PROVE CONLEY TALE TRUE,
DORSEY ARGUES TO JURY
Continued From Page 3.
he said. "Among them was that Conley was being intimidated by friends of Frank in jail. That he was given sandwiches, offered whisky and was threatened with physical harm, cursed and otherwise abused. It also charged that Conley was kept in a cage with a number of desperate criminals, one of whom was under sentence of death, and would have been willing to swear to anything to prolong his life. Also, that Conley was quoted as making statements which he never made. That in contrast to this, the defendant Frank was kept in a cell block to himself and that no one except those he desired to see was allowed to visit him."
"If it was right for Frank to have the privilege of not seeing anyone he did not want to see, why should not Conley have had the same right? Even by newspaper men the defense attempted to show that certain actions and words on his part refuted his statements."
"Judge Roan issued the order which remanded Conley from the country jail to the city jail."
Rosser interrupted We object to that, your honor. You did not order Conley back to police headquarters. You discharged him from custody.
Dorsey The effect was the same.
Rosser We insist that it was not. The order issued here discharged him from custody.
Judge Roan I will explain to you. In the first instance I issued an order releasing him from the city jail and another order that he should be held in the custody of the county jail. What I did the last time was to vacate both orders. The effect was the same as remanding him back to the custody of the police.
"Conley was first in the common jail and then remanded to the police station, and the effect of the Judge's next order was to turn him loose. But for the police bringing him to testify in this case he might have been spirited out of town and his important testimony silenced forever."
"They claim he is impeached, but I assert he is unimpeachable by any man except persons with their hands in the till of the National Pencil Company. Unimpeached as to character, except by hirelings of the National Pencil Company, yet they would turn this man loose and set aside all this important evidence when all they have found against his record are charges of disorderly conduct at the police station."
Says Conley Is
Abundantly Sustained.
"I tell you, gentlemen, Conley is abundantly sustained. Our proof of the general bad character of Frank sustains him. Our proof of the general bad character for lasciviousness, not even denied by a single witness, sustains him. Your failure (pointing to attorneys for the defense) to cross-examine and deliver up the sources of information of the girls who testified that his character was bad those girls Arnold called hair-brained fanatics without rhyme or reason sustains him."
"Frank's relations with Miss Rebecca Carson, going into the dressing room with her in the broad day, first given by Miss Jackson,' the defense's own witness ."
Rosser interrupted: "Miss Jackson never said anything about Frank going into a room with Miss Carson."
"Dorsey: You are right, you are sight. Well, then, by witnesses whose names I can't recall.'"
"Their statements sustain him. The statements that this libertine and rapist looked into the dressing room of those young girls with a sardonic of these young girls with a sardonic smile sustains Jim Conle
y."
"Miss Kitchens, who refuted Mr. Arnold's statement that he had called all the women on the fourth floor to testify as to Frank's character, sustains Jim Conley."
"Darley sustains him. Truman McCrary, the old darky praised so highly, sustains him in the statement as to where he put his sack of hay at the time he drew as pay. Monteen Stover, telling of her easy walking shoes, sustains him. She sustains him in that at the moment Frank was in the metal department with this unfortunate little girl. She went to his office and he was not there."
"Conley heard footsteps going to the rear. Monteen Stover went up afterwards. Is that not substantiation?"
"Lemmie Quinn, your own dear. Lemmie, in connection with testimony of Mrs. Freeman and Miss Hall, about the time, he went to Frank's office, sustained him, Frank's statement about consulting his attorneys before deciding whether or not to make public the statement of Lemme Quinn's visit on Saturday, sustains him."
"Dalton, proving a good character during the last ten years, sustains him. Daisy Hopkins sustains him. Brent, on the second floor, sustains him. The testimony of Holloway in an affidavit before he realized its importance, sustains him. The testimony of Boots Rogers, that the powerbox of the elevator was unlocked, sustains him."
Clash Over Conley's
"Did," and "Done."
"The affidavit of Minola McKnight made before Mr. Craven and Mr. Pickett sustains Jim Conley. The use of that cord to choke her, which is around the factory in such abundance, sustains him. The existence of notes alone sustains him. NO negro in the history of his race, after a rape, ever wrote notes to cover up the crime. The diction of the notes I did' when Jim says I done' "
Rosser interrupted: "Well, he didn't say that. He says I did' and I have records here. He says here where he tells of Frank tells of having to watch. I disremember whether I did or not.'"
Dorsey I will have to know who wrote it before I believe it.
Rosser If God Almighty were to say it you wouldn't believe it.
Attorney Arnold read the record "And he said he would stay on the door like he did before."
Dorsey Yes; you are reading his quotation of Frank.
There was laughter throughout the courtroom. Deputy sheriffs rapped for order.
Arnold Here it is both ways, quoting Frank and direct.
Dorsey I am not bound by that report. This jury heard it and I am willing to trust them.
Rosser Yes; I know that you are not bound by any rule of conduct in the universe.
Parry, the court stenographer, at this juncture said that Conley was quoted both ways. He said that the character for "did" in shorthand was quite different from the character for "done," and there was no cause for mistake.
Dorsey Takes Up
Context of Notes.
"The testimony shows that Jim in a majority of instances used the word done' instead of did.' I will not quarrel over that matter any longer. I am willing to leave it to the jury."
"The phrase: That long tall black negro did this by his-self shows a conscious effort on the part of Frank to limit the crime to one man.'"
"Conley is sustained as to the time of Frank's arrival at the factory Saturday morning by Frank himself. He is sustained as to Frank's visit to Montag's. He is sustained as to the folder that Frank carried in his hand."
"Arthur White borrowed $2 from Frank when he left at 3 o'clock that afternoon. Schiff testified that an entry always was made of these loans, or that a little slip was left in the cash box, indicating that the loan had been made."
"But where is the paper? Where is the entry in any book? We have asked them to show us an entry and they have failed to do it. The fact of the matter is that Frank neglected to make the entry. Why was it? It was because his mind was so occupied with the crime that he had committed and with the problem of getting rid of the girl's body that he totally forgot the entry."
"Frank in his statement before you said that he made every man sign for the loans he obtained. But they can't show the signature of this man White. I tell you, gentlemen of the jury that he didn't take a receipt from White because his mind and conscience was on the terrible crime he had committed."
"Where's Mincey?"
Dorsey Queries.
"Do you tell me that if everything had been normal he wouldn't have taken the receipt? There's only one reason he didn't take it and you know that reason."
"Conley also has been sustained by the fact that Frank had rich relatives in Brooklyn, and by the time that Frank left the factory that afternoon."
"Where's Mincey?"
"Echo answers where. Either Mincey was a myth or he was such a diabolical perjurer that these lawyers of Frank's knew that his testimony would nauseate any fair-minded jury that heard him."
"Where's Mincey? I ask. If you were not going to produce him and let the jury see him, why did you parade the statements in his affidavit before these men in the jury box? You know, and everybody knows, that if Mincey could have helped your case you would have had him here if you had to go over Georgia with a fine-tooth comb to find him."
"Every act of Frank proclaims him a murderer. Every word announces that he it was who foully strangled little Mary Phagan. Every circumstance proves his guilt. The circumstances are extraordinary, yes, but they are as true as is the fact that little Mary Phagan lies dead."
"She died without a blot on her life or her reputation. She died because she would not yield her virtue to her superintendent."
"I have no purpose and have not had any in the prosecution of this trial that you gentlemen of the jury should not have had as honest men. Your honor, I have done my duty, and I have no apology to make. So far as the State is now concerned, you may charge the jury. This jury has sworn to be unprejudiced and unbiased, and has said under oath that they will consider this case with fair-mindedness and as honest men should, and I can but believe that there will be but one verdict and that it will be guilty, guilty, guilty."
Attorney Arnold at the conclusion of Solicitor Dorsey's argument at 12 o'clock, arose and made a motion for a mistrial. Attorney Arnold based his motion on the applause which at different times during the proceedings has broken the order of the courtroom.
"Your honor, at the beginning of this trial," said Arnold, counsel for the defense, "I requested that the courtroom be cleared of spectators. I am going to make a motion for a new trial and we are prepared to prove each of the instances upon which we base our request, unless your honor is willing to admit that they are true."
"First, when the court refused to rule out the evidence of Frank's relations with other women as given by Jim Conley, that there was applause in the courtroom."
"Second, on Friday, August 22, when the trial was on, and had just recessed for lunch, and when the jury was within 200 feet of the courthouse, and just as the Solicitor General was leaving the courthouse, the crowd gathered around and in plain hearing of the jury yelled: Hurrah for Dorsey.'"
"Third, that on Saturday, August 23, while the trial was still in process, and had just adjourned, a large crowd gathered in front of the courthouse, and as the Solicitor General left the courthouse, yelled: Hurrah for Dorsey.' The jury at this time was in a caf at lunch within 100 feet and was in plain hearing of the noise and that the crowd moved up in front of the caf and again yelled: Hurrah for Dorsey,' all within plain hearing of the jury."
"Fourth, on August 25, while the jury was in a room within 20 feet of the courtroom, that as the Solicitor General entered the courtroom, the crowd in the courtroom arose and applauded him, and that your honor admonished the crowd that if it happened again, he would clear the courtroom."
"And that all of this applause has tended to coerce and unduly influence the jury. The conduct was most disgraceful and the defendant has not been given a
fair show at any time during the trial from the start to finish."
"I never saw a trial where there were so many manifestations of feeling. They have a natural tendency to intimidate and influence the jury."
"I make the motion for the new trial and I stand ready to prove what I have said."
The jury was out while the arguments on the mistrial were being made.
Dorsey Objects to
Mistrial Motion.
Dorsey arose with a strenuous objection.
"I take issue with the defense," almost shouted the Solicitor. "I never heard any such thing as Mr. Arnold speaks of. I think it would be the most ridiculous thing in the world to entertain the motion. I don't know whether all that Mr. Arnold has said is true or not, btu I want your honor to overrule the motion because it wouldn't amount to anything if it were true."
Arnold interrupted Dorsey.
"Didn't you hear the applause this morning, your honor?" said Arnold, addressing Judge Roan. "Didn't you hear the cheering last Friday and Saturday? Didn't you hear them yell, Hurrah for Dorsey?'"
Judge Roan admitted that he had heard cheering, but denied that the exclamation, "Hurrah for Dorsey," had reached his ears.
Several witnesses took the stand to testify as to the demonstrations which were claimed to have influenced the jury. Arnold himself was one of them.
Deputy R. B. Deavers testified also that just before the jury entered the German Caf on Saturday afternoon he heard a demonstration, but asked if he heard, "Hoorah, for Dorsey!" he declared that he did not.
Deputy C. F. Huber said that he was with the jury Friday afternoon, but when asked if he had heard the demonstrations, said that he had not and did not know anything about it until next morning.
The crowd in the courtroom laughed at Huber's statement.
"Your honor," shouted Attorney Arnold, jumping to his feet. "I want that in the records. Who else was with you?" Arnold asked of Huber.
"Mr. Liddell," Huber answered.
"Say," interposed Attorney Hooper, "aren't we going to be given an opportunity to cross-examine this witness?"
In the confusion Hooper's protest was overlooked. Attorney Arnold asked that Liddell be brought in but Judge Roan ruled against the defense, denying a new trial.
PAGE 9
FRANK, GUILTY
ON FIRST
BALLOT
NO RECOMMENDATION
TO COURT FOR MERCY
CONTAINED IN VERDICT
Leo M. Frank was found guilty of the murder of Mary Phagan by a jury in Judge Roan's court at 4:56 Monday afternoon and a minute later a howling crowd was cheering its approval.
According to what appears to be reliable authority, the jury was unanimous in its verdict on the first ballot formally taken one hour and a half after the jury returned from its dinner.
All doors to the courtroom were locked as the verdict came in. No recommendation for mercy was made by the twelve men who listened to four long weeks of exhaustive evidence.
Thirty-five hundred people outside the courthouse yelled themselves hoarse as the verdict was announced. Juror Winburn, the foreman, escorted by a deputy, led the jury into the room. All twelve men seemed pale and nervous, oppressed by weight of their momentous task.
Frank's presence in the courtroom has been waived, according to an announcement made at 4:!5, when it was reported that the jury had reached a verdict. The courtroom was to be cleared for the jury to make it's announcement.
Jury Nervous and Pale.
The jury was very nervous and pale as it entered the courtroom headed by Deputy Plennie Miner. For a time, it hesitated before the welve men entered the jury box. Only the order of Judge Roan of: "Gentlemen, take your accustomed seats," caused them to file in.
"Gentlemen, have you reached a verdict?" said Judge Roan, when the jury had become seated.
Foreman Winburne arose and said: "We have, your honor."
The foreman then opened the piece of paper upon which the verdict was written and read:
"We have found the defend guilty," the verdict read.
As the verdict was read the silence within the courtroom was broken only by the loud cheering outside.
When the foreman had resumed his seat, Solicitor Dorsey arose and asked each juror:
Each Man Answers "Yes."
"Is that your verdict?" and in each case the response was "Yes."
Judge Roan then announced to the Sheriff that he would pass sentence upon Frank tomorrow.
When the foreman had resumed his seat, Solicitor Dorsey arose and asked each juror:
Each Man Answers "Yes."
"Is that your verdict?" and in each case the response was "Yes."
Judge Roan then thanked the jury, saying:
"Gentlemen, I want to thank you for your services. This is the longest criminal case I have ever known of in my life."
The jury arose as if to leave the courtroom then, but resumed their seats.
Dorsey was the first to leave the courtroom. He received an ovation from the throngs which packed the streets. He was lifted from his feet upon the shoulders of the enthusiasts and carried several hundred feet. Dorsey took his hat from his head and bowed to the acclamations of the crowd.
Cheers for Hooper, Too.
Hunter street was blocked clear to Whitehall street, and Pryor was blocked for two blocks on either side.
As Frank G. Hooper left the courtroom at 5 o'clock, a lane was made for him across to the Kiser building, directly opposite the courtroom and the cheers which went up rent the air.
J. W. Coleman, stepfather of Mary Phagan, rushed up to the jury and shook hands with each member, tears standing in his eyes.
Rosser Suffers Physical Collapse.
Neither Luther Rosser nor Reuben Arnold were present in the courtroom. They were represented by Stiles Hopkins, a member of Mr. Rosser's law firm. Mr. Rosser had collapsed, it was announced.
When the jury was ushered in, Frank was not present. Judge Roan said to Dorsey:
"Mr. Dorsey, I understand that you have waived the presence of the accused."
The Solicitor General nodded his head.
"I do," he answered. The verdict was read. The jury had deliberated for four hours and seven minutes.
After posing for several flashlight photographs, the jury left the box and was swarmed by newspaper men. Questions as to how the verdict was reached remained unanswered.
To each inquiry, the jurymen stated that they had taken an oath not to reveal the details under which the decision was arrived at.
Cheers for the Jury.
The grim-visage of each man, however, told of the hard battle through which they had gone. After a short time, the jurymen left the courtroom. As they were recognized by the crowds outside, the courthouse, they were wildly cheered. Probably no demonstration of this magnitude has ever been seen before in Georgia at a criminal trial.
Judge Roan left the courtroom at 5:15. He also was applauded. The jurist made no response, but slipped quietly into an automobile and was whisked away.
The jury proceeded to the Thrower building to draw its pay, each man receiving $58.00
Friend Tells Frank News.
First reports that Frank had been told of the verdict immediately after its receipt at the jail proved false. It was nearly 6 o'clock when his family physician, Dr. Rosenberg, and Dr. David Marx went up to the prisoner's cell to convey the tragic news. Frank's wife was with him at the time and the physician was called in case she collapsed.
Attendants at the jail said Frank received the news of the verdict without a tremor. His wife fainted away, but was soon brought to by her physician and left the jail for the Selig home about 6 o'clock.
Outburst of Applause for Dorsey.
After leaving the courthouse, Attorney Dorsey retired to the Kiser Building, where he remained in conference for 20 minutes. He left the building in company with Attorney Stephens and was again greeted with a tremendous outburst of applause. A double row of policemen forced a passageway to the Solicitor's automobile.
As Dorsey took his seat the cro
wd gathered around the machine and hundreds of congratulatory hands were thrust toward him. Mounted policemen had to go in front of the car to open up the streets. From buildings on either side of the streets, handkerchiefs waved, and even women in the windows cheered. The cheering continued until the automobile was out of sight.
At the Kimball House, to which the jurymen went to gather up the clothing and personal effects which they had used during their long stay, another large crowd had gathered and greeted the men with another ovation until the corridors resounded. Each man was swamped with persons, known and unknown to him, who wrung his hand vigorously.
Solicitor Dorsey finished his speech at twelve o'clock and Judge Roan prepared to charge the jury. A brief recess was taken.
Courthouse officials, the attorneys in the case and newspapermen were the only ones present when the jury brought in its verdict. The dramatic scene that had been expected when the factory superintendent faced the men who held his life in their hands was, of course, averted by the waiving of the prisoner's presence.
There was thrill of tense anticipation when word came from the fourth floor that the jury was ready to report. The rumor had been gaining ground that the jury had arrived at a decision about 3:20 and had been merely holding off for the arrival of the attorneys.
Rosser and Arnold and Dorsey, all of whom had gone home for a brief nap, were summoned. Attorney Hooper was at the courthouse before the clearing of the scene of the great trial began and said he had no doubt of the jury's decision.
When the jury sent down word that it had arrived at a verdict, Sheriff Mangum mounted the Judge's bench and rapped for order in the crowded courtroom.
"Gentlemen, I will have to clear this room of all but those directly interested in the case," the Sheriff said. "My orders are that all spectators must clear out."
A murmur of protest greeted the Sheriff's orders, but bailiffs going down the aisles directed the crowds to the door and they filed slowly out.
When the last spectator had left the room there remained about 50 persons in all. These consisted of the attorneys for the State and defense. Chief Beavers, Chief Lanford, a half score of detectives and as many newspaper men.
A stir was created when the explosion of flashlight powder went up as a photograph was taken of the courtroom. Then Sheriff Mangum mounted the judge's platform again and addressed the small crowd.
PAGE 10
DORSEY RIDDLES FRANK'S OWN STATEMENT IN FINAL PLEA
Crowds Outside and Inside of Court Vociferously Applaud the Solicitor
GOOD CHARACTER NO BAR
TO CONVICTION, ASSERTS
JUDGE CHARGING JURY
Here is Judge Roan's complete charge to the jury verbatim:
"Gentleman of the Jury This bill of indictment charges Leo M. Frank with the offense of murder. The charge is that Leo M. Frank, in this county, on the 26th day of April of this year, with force and arms did unlawfully and with malice aforethought kill and murder one Mary Phagan by then and there choking her, the said Mary Phagan, with a cord placed around her neck."
"To this charge made by the bill of indictment found by the Grand Jury of his county recently impaneled Leo M. Frank, the defendant, file a plea of not guilty. The charge as made by the bill of indictment on the one hand and his plea of not guilty filed therein form the issue, and you, gentlemen of the jury have been selected, chosen and sworn to try the truth of this issue."
"Leo M. Frank, the defendant, commences the trial of this issue with the presumption of innocence in his favor, and this presumption of innocence remains with him, to shield him and protect him, until the State shall over come it and remove it by evidence offered to you, in your hearing and presence, sufficient in its strength and character to satisfy your minds beyond a reasonable doubt of his guilty of each and every material allegation made by the bill of indictment."
"I charge you, gentlemen, that all of the allegations of this indictment are material, and it is necessary for the State to satisfy you of their truth by evidence that convinces your minds beyond a reasonable doubt of his guilt before you would be authorized to find a verdict of guilty."
Must Be More Than
Beyond Mere Doubt.
"You are not compelled to find, from the evidence, his guilt beyond any doubt, but beyond a reasonable doubt, such a doubt as grows out of the evidence in the case, or for the want of evidence, such a doubt as a reasonable and impartial man would entertain about matters of the highest importance to himself after all reasonable efforts to ascertain the truth. This does not mean a fanciful doubt, one conjured up by the jury, but a reasonable doubt."
"Gentlemen, this defendant is charged with murder. Murder is defined to be the unlawful killing of a human being, in the peace of the State, by a person of sound memory and discretion, with malice aforethought, either express or implied."
"Express malice is that deliberate intention unlawfully to take away the life of a fellow-creature which is manifested by external circumstances capable of proof."
"Malice shall be implied where no considerable provocation appears, and where all of the circumstances of the killing show an abandoned and malignant heart."
"There is no difference between express and implied malice except in the mode of arriving at the fact of its existence. The legal sense of the term malice' is not confined to particular animosity to the deceased, but extends to an evil design in general. The popular idea of malice in the sense of revenge, hatred, ill will, has nothing to do with the subject. It is an intent to kill a human being in a case where the law would neither justify nor in any degree excuse the intention if the killing should take place as intended. It is a deliberate intent unlawfully to take human life, whether it springs from hatred, ill will or revenge, ambition, avarice or other like passion. A man may for the intent to kill, do the killing instantly, and regret the deed as soon as done. Malice must exist at the time of the killing. It need not have existed any length of time previously."
Law Presumes Malice
If Homicide Is Proven.
"When a homicide is proven, if it is proven to be the act of the defendant, the law presumes malice, and unless the evidence should relieve the slayer he may be found guilty of murder. The presumption of innocence is removed by proof of the killing of the defendant. When the killing is shown to be the act of the defendant, it is then on the defendant to justify or mitigate the homicide. The proof to do that may come from either side, either from the evidence offered by the State to make out its case, or from the evidence offered by the defendant or the defendant's statement."
"Gentlemen of the jury, you are made by law the sole judges of the credibility of the witnesses and the weight of the testimony of each and every witness. It is for you to take this testimony as you have heard it in connection with the defendant's statement, and arrive at what you believe to be the truth."
"Gentlemen, the object of all legal investigation is the discovery of truth. That is the reason of you being selected, impaneled and sworn in this case to discover what is the discovery of truth. That is the reason of you being selected, impaneled and sworn in this case to discover what is the truth on this issue formed on this bill of indictment, is Leo M. Frank guilty? Are you satisfied of that beyond a reasonable doubt from the evidence in this case? Or is his plea or not guilty of the truth? The rules of evidence are framed with a view to this prominent and seeking always for pure sources and the highest evidence.
"Direct evidence is that which immediately points to the question at issue. Indirect or circumstantial evidence is that which only to establish the issue by proof of various facts sustaining, by their consistency, the hypothesis claimed. To
warrant a conviction on circumstantial evidence the proven facts must not only be consistent with the hypothesis of guilt, but must exclude every other reasonable doubt hypothesis save that of the guilt of the accused."
Character Issue
Of Importance.
"The defendant has introduced testimony as to his good character. On this subject I charge you that evidence of good character when offered by the defendant in a criminal case is always relevant and material, and should be considered by the jury, along with all the other evidence introduced, as one of the facts of the case. It should be considered by the jury, not merely where the balance of the testimony in the case makes it doubtful whether the defendant is guilty or not, but also where such evidence of good character may of itself generate a doubt as to the defendant's guilt. Good character is a substantial fact, like any other fact tending to establish the defendant's innocence, and ought to be so regarded by the jury."
"Like all over facts proved in the case, it should be weighed and acclimated by the jury, for it may render that doubtful which otherwise would be clear. However, if the guilt of the accused is plainly proved to the satisfaction of the jury beyond a reasonable doubt, notwithstanding the proof of good character, it is their duty to convict. But the jury may consider the good character of the defendant, whether the rest of the testimony leaves the question of his guilt doubtful or not, and if a consideration of the proof of his good character considered along with the evidence, creates a reasonable doubt in the minds of the jury as to the defendant's guilt, then it would be the duty of the jury to give the defendant the benefit of the doubt thus raised by his good character, and to acquit him."
"The word character' as used in this connection means that general reputation which he bore among the people who knew him prior to the time of the death of Mary Phagan. Therefore, when the witnesses by which a defendant seeks to prove his good character are put upon the stand, and testify that his character is good, the effect of the testimony is to say that the people who knew him spoke well of him, and that his general reputation was otherwise good."
State Allowed to
Attack Character.
"When a defendant has put his character in issue, the State is allowed to attack it by proving that his general reputation is not good, or by showing that the witnesses who have stated that his character is good have untruly reported it. Hence the Solicitor General has been allowed to cross-examine the witnesses for the defense who were introduced to testify to his good character. In the cross-examination of these witnesses he was allowed to ask them if they had not heard of various acts of misconduct on the defendant's part."
"The Solicitor General had the right to ask any questions along this line he pleased, in order thoroughly to sift the witnesses, and to see if anything derogatory to the defendant's reputation could be proved by them."
"The court now wishes to say to you that, although the Solicitor General was allowed to ask the defendant's character witnesses these questions as to their having heard of various acts of alleged misconduct on the defendant's part, the jury is not to consider this as evidence that the defendant has been guilty of any such misconduct as may have been indicated in the questions of the Solicitor
MRS. FRANK ARRIVING
AT THE COURTHOUSE
The wife of
The defendant
In the Phagan
Case has not
Missed a
Session of the
Trial of her
Husband.
General, or any of them, unless the alleged witnesses testify to it."
"Furthermore, where a man's character is put in evidence and in the course of the investigation any specific act of misconduct is shown, this does not go before the jury for the purpose of showing affirmatively that his character is bad or that he is guilty of the offense with which he stands charged, but is to be considered by the jury only in determining the credibility and the degree of information possessed by those witnesses who have testified to his good character."
"When the defendant has put, his character is issue, the State is allowed to bring witnesses to prove that his general character is bad, and thereby to disprove the testimony of those who have stated that it is good. The jury is allowed to take this testimony, and have the right to consider it along with all the other evidence introduced on the subject of the general character of the defendant, and it is for the jury finally to determine from all the evidence whether his character was good or bad."
Good Character May
Create Reasonable Doubt.
"You will, therefore, observe that this the rule you will be guided by in determining the effect to be given to the evidence on the subject of the defendant's character. If, after considering all the evidence pro and con, on the subject of the defendant's character, you believe that prior to the time of Mary Phagan's death he bore a good reputation among those who knew him that his general character was good, you will consider that as one of the facts in the case, and I may be sufficient to create a reasonable doubt of the defendant's guilt. If it so impress your minds and consciences, after considering it along with all the other evidences in the case, and if it does, you should give the defendant the benefit of the doubt and acquit him."
"However, though you should believe his general character was good, still if, after giving due weight to it as one of the facts in the case, you believe from the evidence as a whole that he is guilty beyond a reasonable doubt, you should be authorized to convict him."
"If you believe beyond a reasonable doubt from the evidence in this case that this defendant is guilty of murder, then you would be authorized in that event to say We, the Jury, find the defendant guilty.'"
"Should you go no further, gentlemen, and say nothing else in your verdict, the court would have to sentence the defendant to the extreme penalty for murder, to wit; to be hanged by the neck until he is dead. But should you see fit to do so, in the event you arrive at the conclusion and belief beyond a reasonable doubt from the evidence that this defendant is guilty, then, gentlemen, you would be authorized in that event, if you saw fit to do so, to say: We, the jury, find the defendant guilty, and we recommend that he be imprisoned in the penitentiary for life.'"
"In the event you should make such a verdict as that, then the Court, under the law, would have to sentence the defendant to the penitentiary for life."
"You have heard the defendant make his statement. He had the right to make it under the law. It is not made under oath and he is not subject to examination or cross-examination. It is with you as to how much of it you will believe, or how little of it. You may go to the extent, if you see fit, of believing it in preference to the sworn testimony in the case."
"In the event, gentlemen, you have a reasonable doubt from the evidence, or the evidence and the statement together or either, as to the defendant's guilt as charged, then give the prisoner the benefit of that doubt, and acquit him the form of your verdict would be: We, the jury, find the defendant not guilty.' As honest jurors do your utmost to reach the truth from the evidence and statement as you have heard it here, then let your verdict speak it."
DEMANDS PRISONER BE
SENT TO GALLOWS AS
MARY PHAGAN'S SLAYER
Refreshed by the week-end recess, Solicitor General Dorsey returned Monday to the State's closing argument. By the force of logic and denunciation of his final words to the jury the Solicitor hopes to obtain a verdict of guilty against Leo M. Frank, charged with the murder of Mary Phagan.
The day and a half intermission furnished a breathing spell for the State's prosecutor. He came back to the battle with new spirit and with an absence of the fatigue that compelled him to st
op his stirring argument Saturday and ask Judge Roan for a recess.
Solicitor Dorsey was vociferously cheered as he entered the courthouse by a crowd waiting for the trial to open, and in the courtroom there was applause as he went to the State's table within the railing.
Judge Roan entered the room as the applause died down while the deputies were rapping for order. He announced that if there was any semblance of a repetition, he would clear the courtroom. The judge declared that a similar occurrence might destroy the work of four long weeks and warned the audience to keep strict order.
Mr. Dorsey began his speech in a low, hoarse voice.
"Your honor and gentlemen of the jury," he said, I regret the necessity for having to carry this case over into another week and through another Sunday. I might have been able to have finished my speech and his honor have delivered his charge and turned the case over to you. The circumstances made the present course wiser."
Begins to Riddle
Frank's Statement.
"When we close proceedings Saturday, I was giving you a brief analysis of the statement of the defendant. I am not going to any exhaustive study of that statement. It is unnecessary to further burden you with it. But there are certain language and statements which merit some consideration."
"The defendants stated after this honor had excluded our evidence, and excluded it properly, that his wife visited him at the police station. He stated that she was there with his father-in-law and his two brothers-in-law. He said Rabbi David Mardx was with him and that he consulted Dr. Marx on the advisability of having her to come up to the top float and see him surrounded by policemen, reporters and snapshotters. He doesn't prove by a living soul that this statement is true. You must rely on his own lips for its value."
"If they could have proved if by Dr. Marx, why didn't they do it? You tell me a loving wife lives who, conscious of a husband's innocence amid such circumstances, wouldn't have braved policemen, snapshotters to have seen him?"
Arnold jumped up.
"I object," he said, "to those outrageous references to his wife. I have sat here in silence during many of his unfair remarks, but to bring in the wife of this man who is on trial for his life is an outrage on law and decency and fairness."
"Let me see," said Judge Roan, "the evidence on which you are speaking, Mr. Dorsey."
Dorsey Fires Hot
Retort at Arnold.
"Let the galled jade wines," said Dorsey, sarcastically.
"He has no right to make any such statement," said Arnold, "It is wholly uncalled for."
"I submit the remark," retorted Dorsey, "of Mr. Rosser that this is an unfair speech (referring to an aside) is uncalled for. Frank said that his wife would not come to see him because she was afraid of the snapshotters and reporters and that she did not want to go through this line of newspaper men every time she came to see him. I tell you, gentlemen, there never lived a true wife who would not have gone through a line of snapshotters and reporters in spite of the contrary advice of a rabid or anyone else."
"Let us see who first found out Conley could write. Frank said, I was the man who made this discovery. I was the means of getting this Information to the police. I have received too many notes asking for loans not to know that he can write. I know that if you will look in the safe you will find some receipts for watches signed by him, and that if you will go to the jeweler's you probably will find other specimens of his handwriting."
"But Scott says that no such thing ever happened. Why didn't Frank, when those notes were found by the dead girl's body why didn't he then and there say that that was Conley's handwriting? Tip to the time that it was discovered that Conley could write Frank had said nothing. It was only through the work done by the detectives and the fact the Conley knew they had learned he could write that the negro finally was made to submit specimens of his handwriting."
"Why did Frank keep silent when he knew those notes were the key which would unlock the mystery?"
Dorsey turned to Frank at this point and said:
"You did know that he could write. You knew that if it was found out that the whole mystery would be solved. You had notes asking for loans. You had seen his writing by which he checked up the boxes of pencils. Why did you keep silent?"
"You saw him at the police station and even then never mentioned that he could write."
"Frank says that after this visit of Conley's to the jail, after Conley had gone to the factory and gone through his pantomime at the time almost exactly to the minute that he said it took, that on this visit to the jail he said, I told them if they would get the permission of Rosser that I would face Conley.' Now, gentlemen of the jury, Mr. Rosser was at Tallulah Falls that day. Therefore, there was no chance to get his permission that day. But Mr. Rosser was at Tallulah Falls that day, and when he got back did he allow Frank to face Conley? No, he did not."
"Gentlemen, you know it is true that never in the history of the Anglo-Saxon race and in the history of the African race has an ignorant, filthy negro ever accused a white man of crime where the white man was innocent and the white man decline to face the negro. There never lived in Georgia a lawyer who possessed half the ability of Rosser who sincerely believed in the innocence of his client who would not have said to this negro. Face my client.' You may say here that you did not know what Conley's statement was going to be, but you could have found out. You could have known."
Rosser Objects
To Being Criticized.
Mr. Rosser was on his feet with an objection to commenting on counsel. After a moment's wrangling, Mr. Dorsey insisting that he had a right to comment on the action of the defendant's counsel charging the facts in the record justified him. Judge Roan sustained the objection.
"But they see the force of it," continued Dorsey.
"Now, I don't think that's fair, your honor," said Rosser, interrupting again. There was another minute of wrangling, both Dorsey and Rosser speaking at the same time. Judge Roan again sustained Rosser.
Dorsey turned to the jury, and slapping his hand viciously on the ceiling, shouted:
"If they don't see the force of it you do."
Rosser objected again.
"I insist, your honor that that is entirely proper comment. I ask you, am I outside the record? I have a right to comment upon their conduct in declining to cross-examine witnesses."
"You may comment upon the act of Frank," interrupted Judge Roan, "in not facing Conley and upon his counsel not having given the permission, but it is not proper for you to comment upon why counsel for the defense did not do certain things."
Dorsey turned to the jury:
"This man Frank with Anglo-Saxon blood in his veins, a graduate of Cornell, a man of sense and intelligence and spirit, refused to see Conley because his counsel was not in town. But when his counsel returned and he still had the opportunity he dared not let Conley meet him. It is not necessary to take up this discussion. Would the weakest of you when innocent and wrongfully accused by a man with a black skin on the charge of murder let Rosser or any lawyer in the world keep you from confronting him and sailing the lie. No lawyer of any age or clime could prevent me from meeting a man, be he white or black, who had wrongfully accused me."
Pointing his finger at Frank he continued:
"You want in a room and interviewed old Newt Lee down at the police station at 12 o'clock at night. What did you do? Did you act like an innocent man who was trying to get at the truth? Oh, no!"
Declares Frank Dared
Not Attack Negro Lee.
"Instead of going after him and trying to get from him new light on his case this man at whom you had pointed an infamous suspicion to save your own neck and to save your reputation on Washington street and in the B'nai B'rith
according to Lee, you hung your head and quizzed him not, but said: If you don't tell more about this we'll both go to hell.' Then in your statement to the jury, you tried to make it appear that your own detective, Scott, had concocted a scheme against you and lied about what happened."
"The reason Frank didn't put it up to Newt Lee was because he knew Net Lee was innocent. He knew he was guilty and he was only adding to the dastardly crime of assault on the virtue of this little girl by trying to break the neck of this old negro to save his own reputation and neck."
"Listen to his statement. He is smart. Listen how he qualifies and fixes so that when we come back with rebuttal the technical law will protect him. Old Newt Lee had been night watchman at that factory only a few weeks. There had been other night watchmen before, and the charges of going into the place for immoral purposes were during the time before Newt Lee came. He knew the detectives had charged that people had gone in there for immoral purpose but in his statement on the stand, he confined his denial to the time Newt Lee was there as high watchman."
"No, during the time old Newt Lee was there, there was but one person for whom your passion burned," the Solicitor continued, turning to Frank, little Mary Phagan. She never would go there with you. But if you were telling the truth, why didn't you make a bold and emphatic statement that none had ever been there. It was during the summer previous that Dalton and the others testified of the immorality there. There was the chance for impeachment of his statement, and yet you tell me that that's a good, fair, frank statement."
"Now, another thing, listen to this, I read from the defendant's statement, Now, in reference to those spots claimed to be blood spots found by Barrett, I don't say they are not blood. They are near the ladies' dressing room, and we also have many accidents near there. Let me say in connection with those accidents near there. Let me say in connection with those accidents that not all accidents are reported. Only those which incapacitate an employee are reported. But I say it might have been blood. It also might have been aniline dye or paint. I have seen girls drop bottles of this colored matter, btu if it had been fresh blood or fresh paint, the gasoline which was spread over it would have become pink or red instead of remaining white.'"
"Why Didn't They
Bring in a Chemist?"
"But I ask you if the gasoline would not have produced the identical result, which the witnesses say was produced? Why didn't you bring before the jury a reputable chemist and a man who would have sustained you in this contention. If you had time to bring in experts to attack the overwhelming evidence of Dr. Roy Harris, why, in the name of truth and justice, didn't you bring in just one chemist to support your theory of the blood spots?"
"You know the reason. You know they were blood spots. You know that you didn't bring in a chemist because the result of spreading the gasoline over blood would have been exactly the result that was produced in the dressing room on the second floor."
Dorsey turned toward the jury at this point and asked:
"Are you going to take this man's unsupported word when his lawyers are unable to get any reputable chemist to come in and stultify himself by declaring that those spots were not blood or that the result produced was not that of spreading gasoline over fresh blood?
"This defense can not they haven't got any defense. They circle and flutter, but never light. They grab at varnish, rat blood and Duffy's blood, but they never knuckle down to show that it was not blood. In view of the statement of Mell Stanford, who swept that floor and who says it was not there Friday: in view of the statements of Christopher Columbus Barrett, who, despite what they say, continues to draw his livelihood from the corners of the National Pencil Company; in view of the statements of a great many others who went there to see the blood spots, can we get but one solution of the matter? I say you can not."
"Then they fly onto another subject? It is the way they claim Jim Conley took that body into the basement. But, gentlemen of the jury, you know, and they know, that this body wasn't taken down that scuttlehole. It did not show there where the dust was thick. And then did he shoot her down the cute of the Clark Woodenware's place, where the body would have been concealed better and longer than where the body was found? Did this negro, who, they say, robbed this girl even if he had taken time to write the notes, even if they had hit her with a bludgeon do you think, gentlemen of the jury, that he would have taken the time to tie a cord around her neck a cord seldom found in the basement except when it was swept there with the trash, but the proper place for which was in that metal room on the second floor, where little Mary Phagan met her death? If he had done all that after he had sent her body down the cute why would he have gone down into the basement and have removed the body from its safest hiding place down there at the bottom of the chute, where the dust, trash and boxes would have kept it concealed for weeks at least? Why would he have removed it out there near the oiler, where the firemen and everyone else would have been sure to find it?"
"I tell you, gentlemen of the jury, that body was never sent down that chute; that body was never sent down that scuttlehole. It was taken down into the basement just as Jim Conely says it was."
"They fly off onto other things. Why, on May 1, when Holloway caught Jim Conley washing his shirt, he said, This is my negro.' Fifteen days later, when the second squad of Pinkertons came in, can you tell me, will you tell me, why if he shoved her down that hole, that not until the 15th of May was this bloody bludgeon found, and more blood than this girl has ever been shown to have lost was there?"
"Another thing, Frank said in his statement that this man Quinn came to him and told him he would like to take him back to the metal room, where, the newspapers said, and where everybody else said, and knew that morning, that some blood and some hair had been found."
Stresses Fact Frank
Hadn't Examined Spots.
"Although he had seen this in the papers, although he had heard from others in the factory that the spots and hair had been found, although he had been all around there, although the knowledge of the finding of these pots and hair had torn him to pieces, although he was so anxious to get the detectives to work on the case that he had phoned Schiff three times, yet Quinn had to come and ask him to come back there to see the spots."
"Tell me, was that the conduct of an innocent man anxious to help the police? But, strange to say, not even Lemmie Quinn comes to support you in this statement. No one ever saw Leo M. Frank go back there to examine those spots."
"If there was ever a spot on this earth that Frank did not want to see it was the blood spot back there in the metal room, the spot where this little girl met her death. If Frank went down there to the morgue and the sight of that little girl tore him to piece as he tells you it did, let any honest man on this jury tell me why it was he wanted to look upon her dead body again."
"Rogers says he didn't look at it. Black, says he didn't see him look at it."
Attorneys Arnold and Rosser entered strenuous objection.
"Rogers did not say that Frank did
Continued on Page 3, Column 1
PAGE 11
CROWD SEEKING TO ATTEND THE LAST DAY OF FRANK TRIAL
DORSEY ANALYZES NOTES
AS HE ENDS STATE'S PLEA
Continued From Page 2.
not see the body," said Arnold.
Dorsey: "It is in the evidence. I am not going to quibble with you. It is the truth and you know it."
"When Frank came into the room," continued the Solicitor to the jury, "he did not see her. And if he went into that room, neither Rogers nor Black saw him look at her."
"I tell you, the truth is that Frank never looked
at the body of the girl again. And even if he did, it was but a glace as the electric lights were switched on. He turned and went into another room."
Arnold interposed another objection. "Your honor," he said, "nothing has been said about Frank going into another room."
Dorsey: "It has. It is in the record, Rogers said it."
Arnold: "It is not in the record."
Dorsey: "I say it is in the record and I challenge you to produce it."
"We don't have to produce it," returned Arnold.
Arnold: "We object, your honor, to him saying that we are quibbling."
Judge Calls Halt
In Bitter Clash.
Dorsey: "Well, why don't you look it up then?"
Arnold: "Your Honor, we object. He has no right to go in this manner."
Judge Roan: "Mr. Dorsey, you must not say they are quibbling unless they are. If it is in the record, they are not quibbling unless they are. If it is in the record, they are not quibbling. If it is in the record and they say it is not, then they are quibbling."
"If Frank ever looked that face," said Dorsey, "and I challenge the statement. It was so brief if she was dirty and begrimed, her hair bloody, her features contorted if he didn't know her better than he would have you think he did, he never could have identified her."
"Why did he go back there Sunday afternoon? He had been in the bosom of his family and failed to show any nervousness. He said himself he was torn all to pieces. He went back there to put his ear to the ground to see if there were any whisperings accusing Leo Frank of the crime."
"Rogers didn't see him look at her. Black didn't see him. He himself said the sight tore him to pieces."
"On the way to the police station he trembled on Darley's knee. But like a dog to his vomit, a sow to her wallow, he went back to review that ghastly sight. I ask you if he didn't go back to see if the police suspected Leo M. Frank?"
"He admits his nervousness in the presence of the officers. The Seligs said he was not nervous at home."
Rosser interrupted: "I have the record of that evidence. The question was: You now say he went into that dressing room? A. I wouldn't say. He passed out of my view.'"
Dorsey: "That's cross-examination."
Rosser: "Yes, but it's the truth."
Dorsey: "All right. I am glad you corrected me. The gist of the matter is that he didn't look at the body of little Mary Phagan."
Rosser: "He's wrong about that."
Dorsey: "Take it your way. I am going to throw you that piece of sop. The point is, Frank wanted to get out of the way of the officers. If he went into that room, it was so brief a time, that nobody saw it. He was afraid of anyone who represented the majesty of the law."
"Reads Joke to Assure
All of Self-possession."
"Out home Saturday night he wanted to assure every one of his self-possession by reading a joke. The laughter was the laughter of a guilty conscience. It jarred. He wasn't nervous at home. But he trembled when he had to discuss the matter with the minions of the law."
"Frank was nervous when he went to run the elevator. He stated he left the box open because of the request of a member of the fire department, who had told him that in case of fire, there was danger of the firemen being shocked if they could not cut off the power."
"Why was that necessary when it was so simple to get the key and just by turning the handle, open the box. Why didn't they bring firemen here to substantiate him? Old Holloway told the truth when he made that affidavit in my office when he said Old Jim Conley is my nigger.'"
"The true facts are when Frank came down to that elevator Sunday morning, the box was open, and the key was in his pocket."
Rosser: "Now, your Honor, there isn't a bit of evidence to support that statement."
Dorsey (as one of his deputies handed him the record): "Your Honor, the evidence sustains me in this case, just as it did in the other. I am going to read you Boots Rogers' direct testimony: I didn't see him in the room, but I saw him turn into what I thought was a closet, but afterwards found it was a place where someone slept. There was a bed in there.'"
"I don't care what he led out of him," answered Rosser: "I read him the cross-examination, which was the truth."
Judge Roan: "Mr. Rosser, don't interrupt him as long as he stands by the records."
Dorsey: "Yes. I want him to interrupt me. I don't want to misrepresent this case. There is enough straight evidence. I don't want to mislead this jury."
Judge Roan: "I just wanted to know whether you meant the statement that the key was in Frank's pocket as a deduction or a statement of evidence?"
Rosser: "That's what I am objecting to. He stated something that was not so. I don't mean that knew it was not so."
Waives Point
As Immaterial.
Dorsey: "I don't care anything about that point. It is my recollection that it is true, but I waive it as immaterial."
"Frank says that after looking at the body he identified it as that of the little girl who had been up the day previous and got her money. He went back to the factory, unlocked the safe, got out his books and found out that there was a girl by the name of Mary Phagan who had got her money the day before."
"This made it impossible for a mistake. He might have added, I found her back in the metal room. I made my lascivious proposals to her. She refused me, I struck her too hard and knocked her unconscious. Realizing my predicament, I choked her to death. I had made her envelope out 52 times a year. I had passed her machine every day that she worked. I had called her by name. I had placed me hand on her should.' Of course, it was Mary Phagan. There could be no mistake."
"Frank said in his statement before you. Geesling turned her head toward me. He put his finger in the wound on the back of her head. Her face was scratched. Her right eye was blackened. Her tongue was out and there was a deep indentation in her neck. There was blood on the back of her head. Her face was begrimed and dirty.'"
"Do you mean to say that in that flash that Frank took at the face, if indeed he did take any glance at all that he could have comprehended all this detail?"
"Is Detective Starnes a perjurer? Frank said that in his conversation with Starnes the morning of the murder, he asked over the telephone: What is the matter; has there been a fire at the factory?' He said that Starnes replied: No, there has been a tragedy and we want you down right away.'"
"But Starnes testified that he never used the word tragedy.' And that he gave Frank no intimation of what had happened. Again, it has been imputed that the detectives and police force have centered all their activities against Frank, and they have refused to hold any theory which involved anyone else. But if they had been looking for the easiest man to convict, wouldn't they have picked out someone else than Frank?"
Easier To Have
Picked Some One Else.
"It would have been easier if the detectives wanted to move along the line of least resistance to have picked out Newt Lee, Gantt or Conley."
"Again, Newt Lee says that Frank called up Saturday night something that he had never done before. Frank says that he asked about Gantt; that he asked if Gantt had left the factory yet. But Newt Lee says that Gantt's name never was mentioned, and that Frank only asked if anything had happened at the factory."
"Frank had instructed Newt Lee previously not to let Gantt in, whether because he did not want Gantt to see him talking to little Mary Phagan, I do not know. But when he called up Newt Lee that night, you know it was not so much to find out if Gantt had gone as to find out if Newt Lee in making his rounds had discovered the body of the dead girl."
"Frank's lawyers asked you, Would you convict this defendant on this circumstance, or on that circumstance?' No; but I would put all these circumstances together and I would say, inconformity to truth and justice, that they bound an unbreakable strand about thi
s man. They make such a rope, such a strand, such a cable, that it not only is impossible to conceive any doubt at all."
"Frank was in jail. He made a statement that he didn't leave the office between certain hours. Frank didn't know that his own detective, Harry Scott, had found Monteen Stover, who went to the factory that day and found Frank absent."
"In his statement before you, Frank tried to get around this by saying that he had no recollection of leaving his office, although he may have done so unconsciously as men often do. But I tell you that if he had not been back there with Mary Phagan, Monteen Stover would have seen him and got her pay."
"Harry Scott, working with the city detectives, asked Frank these questions: From the time that you came back from Montay's until you went upstairs at 12:50 to see Mrs. White, did you leave your office?'" Frank said "no."
"Scott asked: From the time that you left Montag's until Mary Phagan came for her pay, did you leave your office?' Frank said no.'
"Can Not Believe
Frank's Story."
"Not until Frank saw the wonderful capacity and the wonderful ability the devotion to truth and right of Harry Scott, did he set him out from his councils. Not realizing the importance of his statement, he told his own detective right in the presence of John Black that at no moment from the time return from Montag's until 12:50 did he stir out of his office."
"Do you mean to tell me that a conscientious jury can believe this man in his statement on the stand which throws aside the story he told his own detective? You can do it, but as you live wherever you go, your conscience will oppress you."
"If you, do it, you lose the peace of mind that goes with a clear conscience and that goes with a knowledge of duty well done."
"He indicated nervousness when he talked to Starnes. When Black went out to get him and he sent his wife to the door, he betrayed nervousness by the rapidity in the form of the questions he put."
"But before that he had warned old Newt Lee to come back at 4 o'clock. Dutiful old darky that he was. Newt Lee was there. He found Frank engaged in washing his hands. He sent old Newt out although Newt insisted that he wanted to sleep, and there were plenty of places around that factory where he could have lain down and had a nap. But no, Frank was waiting for Jim Conley. He wanted him to come back and burn that body so that the police of Atlanta today would not have solved the mystery of the death of Mary Phagan and probably would not have known she was killed in the factory."
"Frank Needed to
Be Sustained."
"He didn't want Gantt to go into that factory, but met him at the door. Gantt told him he wanted to get a pair of shoes. I was almost providential that Gantt had two pairs of shoes there. Frank hung his head and said he noticed a boy sweeping out a pair of shoes. He gave the color of the pair, but when Gantt insisted that there were two pairs, he allowed him to go in with old Newt Lee. Lo and behold, both pairs were found!"
"Frank told you how he acted on that occasion. Newt Lee told you how he jumped. Starnes and Black said he was nervous. You say (pointing to Frank) it was because of the auto-ride; it was because you had missed breakfast; it was because of the grewsome sight."
"Oh, he needed to be sustained. He needed someone to support him when he sent his wife to the door. He needed someone to support him when he had her telephone to Darley to meet him at the factory. He needed to be sustained when he sent for Haas. He needed to be sustained when he sent for Rosser, big of reputation and big of frame, dominating and controlling so far as he can, everybody he can."
"And this man Darley we had to get into the enemies' camp to get him. Fortunately, I got on the job early and issued a subpoena for him. Fortunately, Darley did not know he did not have to come, so he obeyed and made an affidavit in my office. Therefore, he came up here and upheld his affidavit in so far as he had to."
"Darley said that Frank was nervous and trembled in the factory. He said he shook like an aspen land when he sat on his lap in the automobile. He said in his affidavit to me Frank was completely unstrung."
"This man called for coffee at the factory, as Durant called for Bromo seltzer; trembling and shaking, he said it was due to looking on such a grewsome sight. Durant explained his appearance from inhaling gas. You tell me these statements of his explain away the evidence of his nervousness? No, you know it was only the consciousness of the infamous crime that he had committed."
"That isn't all. This man Grice was going to catch on the second morning after the murder stopped at the factory and saw him. He swore he was nervous."
Trembled in Shoes at
Fear of Scott.
At this point the jury was allowed to retire for a soft drink.
"Old Newt Lee says that when he went back to the factory that Saturday afternoon at 4 o'clock," said Dorsey in resuming his argument "he found the inside door locked. He says that Frank came out of his office and given him instructions. That light down in the cellar that had always burned bright was turned down until it glowed no more than a lightening bug. You tell me old Jim Conley felt the necessity of turning down that light? I tell you it was turned down by Leo Frank when he went down to place the notes beside the body after he had found that Jim Conley wasn't coming back to burn it."
"He turned it down in the hopes that Newt Lee would not discover the body that night."
"And here is Harry Scott. It didn't take an affidavit to hold him to the truth, though I tell you I trembled in my shoes after my experience with Darley. While he was their detective, Scott was one of the most important witnesses for the State. For a time, I was fearful he had thrown me down. But he stood by the truth like a man. He said that Frank squirmed and twisted in his seat; rubbed his face, sighed and drew deep breaths."
"On his way to the police station, Darley, the man next to him in power, said he trembled on his knee that he was nervous and pale; that his eyes were large."
"Tuesday morning, just before he was arrested, if he ever was arrested, Policeman Waggoner, sent to watch him from across the street, found him pacing back and forth in his office. He said that he came to the window and looked out at least twelve times within thirty minutes."
Not Dared To
Impeach Kelley.
"I have already talked to you about the time element. The defense has shown that McCoy did not have a watch. They have tried to down George Kenly, and there have been impeachments on both sides. They have tried to impeach George Epps, but there is one man for the State upon whom they have not dared to cast suspicion. That is this man M. Kelly, who rode on the same car with Matthews and Hollis from Broad and Marietta streets to beyond Hunter. He says that he knew Hollis and Matthews and that he knew Mary Phagan was not on the car. There is no impeachment of him."
"Mr. Rosser says that he does not care anything about the medical evidence that he paid but little attention to it. Well, gentlemen of the jury, I am not going back on my praising, and there is nothing more wholesome for the normal stomach than cabbage, cornbread and buttermilk, and it's good enough for any man."
"Rosser's words that he does not care for the medical evidence are belied by the number of men they brought in on this particular evidence. They did not bring one reputable chemist to refute the testimony of Dr. Roy F. Harris. They brought in surgeons and general practitioners. Why, I would not be surprised if their reason or going out to get these general practitioners was not in the effort to get some of the family physicians to bring here and influence the jury."
Arnold objected.
"Your honor," he said, "that is absolutely unfair. It is insulting to the jury."
"I insist that my words are eminently proper," said Dorsey. "I have not changed any fact. I am simply express
ing my opinion. I am going to compare the qualifications of the physicians they brought in with that of the experts we placed upon the stand. They went out and got general practitioners, and I am bringing out the fact that there must have been some other reason than any knowledge their physicians might have."
"Go on," said Judge Roan.
"I thought so," said Dorsey.
Arnold Objects To
Dorsey's Statements.
"Your honor, we object to that," said Arnold. "He has no right to make such comments as that."
"He has the right to comment on his opinion," said Judge Roan.
"Well, we want both of our objections recorded, your honor," said Arnold. "Of course, you may rule them out, but we insist on it just the same."
"I can see no other reason," continued Dorsey, "for going out and getting general practitioners except upon that theory, and I saw that the number of doctors put up here by the defense belies the statements of Mr. Rosser that they did not attach much importance to the State's contention that little Mary Phagan met her death at a certain time."
"I say, gentlemen of the jury, that Mary Phagan met her death some time between the time she entered the factory shortly after noon and the time Mrs. White came in at 12:35 or whatever time it was and found Frank at the safe and Frank jumped at the sight of her."
"Then they put this young man of seven years' experience, the young man from Michigan against Dr. Roy F. Harris, secretary of the Georgia State Board of Health, a native born Georgian and one of the most eminent authorities in the State. Mr. Rosser says that he admitted Dr. Harris' father to the bar and that his father was one of the brainiest men he ever knew, but that his son is not of the same quality."
"But, gentlemen of the jury, will you take the opinion of the young men of seven years' experience and the other young men, the pathologist of Alsace Loraine, against the opinion of Dr. Harris. Take this man Olmstead, surgeon of the Georgia Railway and Electric Company, a man who saws off bones and experiments with cabbage in diseased stomachs. Why this man had a perfect diarrhea of words and constipation of ideas. You tell me that his word and that of the other general practitioners tis to be taken against such testimony as that of Roy Harris, a pathologist of note, and against Clarence Johnson and of Niles and Funke?"
"I want to read you here an excerpt from the address of a lawyer named Hammond, who was prosecuting a man by the name of Dunbar for the murder of two little children. His words are better than I could speak. It will explain the cause of all this nervousness of Leo Frank."
Nature's Accusation, He
Calls Nervousness.
"It had to come, a mighty secret of fact in his heart, the overwhelming consciousness of guilt. It was nature overburdened with a terrible load that spoke. It was fear, remorse and terror, remorse for the past and terror for the future. Special shadows dotted before him, the specter of the girl, this trial, the gallows, and infamy. Guilt forces itself into the speech and conduct and is its own betrayer."
"So far not a word about Conley. Let us discuss Conley for a moment. We can leave Conley out and we have got a course of conduct indicative of guilt, because it is consistent with the theory of guilt and inconsistent with any other hypothesis."
"Is Dalton a low-down character? If so, is he not exactly the kind of a man that would be found consorting with this woman. Daisy Hopkins, I grant you that Dalton in his younger days was not what he would have been. You brought witnesses from Walton County to testify as to his bad character, but we took Dalton after he got to Atlanta and did for him what you didn't dare to do for Daisy Hopkins. We gave him a good character. Rosser says, Once a thief, always a thief.' He says that a thief is eternally damned, but Christ in His dying agony on the cross turned to the thief at his side and said, This day shall thou be with Me in Paradise.'"
"If our religion teaches anything, it teaches that a thief can be reformed; that he may be rehabilitated and become a useful member of society."
"Did we sustain Dalton? By far more witnesses than you put here to impeach him. Did we sustain Dalton? We sustained him not only as to character, but also by C. T. Mayer, unimpeached and unimpeachable, who testified that he actually saw Dalton go into the pencil factory with a woman."
"Corroboration of Conley? Of course, it's corroboration of Conley. They failed absolutely and ingloriously to explain this woman, Daisy Hopkins, which is another corroboration of Conley."
Rosser Could Have Found
Who Dressed Up Conley.
"Rosser said he would give anything to know who dressed Jim Conely up. If he would use half the effort to find this out that he did to impeach Dalton he would have found it out really enough. The man who dressed up this negro, whom you would have dressed in deserved not the condemnation but the praise of this jury."
"Let us see why Jim Conley should now have been delivered into the hands of the police, which, if no better than the Sheriff, are just as good."
Dorsey picked up a copy of the plea in the habeas corpus proceedings which resulted in the removal of Conley from the county jail back to the police station, and read it through.
"This plea charged many things,"
Continued on Page 12, Column 1.
PAGE 12
WITNESSES FOR DEFENSE
PROVE CONLEY TALE TRUE,
DORSEY ARGUES TO JURY
Continued From Page 3.
he said. "Among them was that Conley was being intimidated by friends of Frank in jail. That he was given sandwiches, offered whisky and was threatened with physical harm, cursed and otherwise abused. It also charged that Conley was kept in a cage with a number of desperate criminals, one of whom was under sentence of death, and would have been willing to swear to anything to prolong his life. Also, that Conley was quoted as making statements which he never made. That in contrast to this, the defendant Frank was kept in a cell block to himself and that no one except those he desired to see was allowed to visit him."
"If it was right for Frank to have the privilege of not seeing anyone he did not want to see, why should not Conley have had the same right? Even by newspaper men the defense attempted to show that certain actions and words on his part refuted his statements."
"Judge Roan issued the order which remanded Conley from the country jail to the city jail."
Rosser interrupted We object to that, your honor. You did not order Conley back to police headquarters. You discharged him from custody.
Dorsey The effect was the same.
Rosser We insist that it was not. The order issued here discharged him from custody.
Judge Roan I will explain to you. In the first instance I issued an order releasing him from the city jail and another order that he should be held in the custody of the county jail. What I did the last time was to vacate both orders. The effect was the same as remanding him back to the custody of the police.
"Conley was first in the common jail and then remanded to the police station, and the effect of the Judge's next order was to turn him loose. But for the police bringing him to testify in this case he might have been spirited out of town and his important testimony silenced forever."
"They claim he is impeached, but I assert he is unimpeachable by any man except persons with their hands in the till of the National Pencil Company. Unimpeached as to character, except by hirelings of the National Pencil Company, yet they would turn this man loose and set aside all this important evidence when all they have found against his record are charges of disorderly conduct at the police station."
Says Conley Is
Abundantly Sustained.
"I tell you, gentlemen, Conley is abundantly sustained. Our proof of the general bad character of Frank sustains him. Our proof of the general bad character for lasciviousness, not even denied by a single witness
, sustains him. Your failure (pointing to attorneys for the defense) to cross-examine and deliver up the sources of information of the girls who testified that his character was bad those girls Arnold called hair-brained fanatics without rhyme or reason sustains him."
"Frank's relations with Miss Rebecca Carson, going into the dressing room with her in the broad day, first given by Miss Jackson,' the defense's own witness ."
Rosser interrupted: "Miss Jackson never said anything about Frank going into a room with Miss Carson."
"Dorsey: You are right, you are sight. Well, then, by witnesses whose names I can't recall.'"
"Their statements sustain him. The statements that this libertine and rapist looked into the dressing room of those young girls with a sardonic of these young girls with a sardonic smile sustains Jim Conley."
"Miss Kitchens, who refuted Mr. Arnold's statement that he had called all the women on the fourth floor to testify as to Frank's character, sustains Jim Conley."
"Darley sustains him. Truman McCrary, the old darky praised so highly, sustains him in the statement as to where he put his sack of hay at the time he drew as pay. Monteen Stover, telling of her easy walking shoes, sustains him. She sustains him in that at the moment Frank was in the metal department with this unfortunate little girl. She went to his office and he was not there."
"Conley heard footsteps going to the rear. Monteen Stover went up afterwards. Is that not substantiation?"
"Lemmie Quinn, your own dear. Lemmie, in connection with testimony of Mrs. Freeman and Miss Hall, about the time, he went to Frank's office, sustained him, Frank's statement about consulting his attorneys before deciding whether or not to make public the statement of Lemme Quinn's visit on Saturday, sustains him."
"Dalton, proving a good character during the last ten years, sustains him. Daisy Hopkins sustains him. Brent, on the second floor, sustains him. The testimony of Holloway in an affidavit before he realized its importance, sustains him. The testimony of Boots Rogers, that the powerbox of the elevator was unlocked, sustains him."
Clash Over Conley's
"Did," and "Done."
"The affidavit of Minola McKnight made before Mr. Craven and Mr. Pickett sustains Jim Conley. The use of that cord to choke her, which is around the factory in such abundance, sustains him. The existence of notes alone sustains him. NO negro in the history of his race, after a rape, ever wrote notes to cover up the crime. The diction of the notes I did' when Jim says I done' "
Rosser interrupted: "Well, he didn't say that. He says I did' and I have records here. He says here where he tells of Frank tells of having to watch. I disremember whether I did or not.'"
Dorsey I will have to know who wrote it before I believe it.
Rosser If God Almighty were to say it you wouldn't believe it.
Attorney Arnold read the record "And he said he would stay on the door like he did before."
Dorsey Yes; you are reading his quotation of Frank.
There was laughter throughout the courtroom. Deputy sheriffs rapped for order.
Arnold Here it is both ways, quoting Frank and direct.
Dorsey I am not bound by that report. This jury heard it and I am willing to trust them.
Rosser Yes; I know that you are not bound by any rule of conduct in the universe.
Parry, the court stenographer, at this juncture said that Conley was quoted both ways. He said that the character for "did" in shorthand was quite different from the character for "done," and there was no cause for mistake.
Dorsey Takes Up
Context of Notes.
"The testimony shows that Jim in a majority of instances used the word done' instead of did.' I will not quarrel over that matter any longer. I am willing to leave it to the jury."
"The phrase: That long tall black negro did this by his-self shows a conscious effort on the part of Frank to limit the crime to one man.'"
"Conley is sustained as to the time of Frank's arrival at the factory Saturday morning by Frank himself. He is sustained as to Frank's visit to Montag's. He is sustained as to the folder that Frank carried in his hand."
"Arthur White borrowed $2 from Frank when he left at 3 o'clock that afternoon. Schiff testified that an entry always was made of these loans, or that a little slip was left in the cash box, indicating that the loan had been made."
"But where is the paper? Where is the entry in any book? We have asked them to show us an entry and they have failed to do it. The fact of the matter is that Frank neglected to make the entry. Why was it? It was because his mind was so occupied with the crime that he had committed and with the problem of getting rid of the girl's body that he totally forgot the entry."
"Frank in his statement before you said that he made every man sign for the loans he obtained. But they can't show the signature of this man White. I tell you, gentlemen of the jury that he didn't take a receipt from White because his mind and conscience was on the terrible crime he had committed."
"Where's Mincey?"
Dorsey Queries.
"Do you tell me that if everything had been normal he wouldn't have taken the receipt? There's only one reason he didn't take it and you know that reason."
"Conley also has been sustained by the fact that Frank had rich relatives in Brooklyn, and by the time that Frank left the factory that afternoon."
"Where's Mincey?"
"Echo answers where. Either Mincey was a myth or he was such a diabolical perjurer that these lawyers of Frank's knew that his testimony would nauseate any fair-minded jury that heard him."
"Where's Mincey? I ask. If you were not going to produce him and let the jury see him, why did you parade the statements in his affidavit before these men in the jury box? You know, and everybody knows, that if Mincey could have helped your case you would have had him here if you had to go over Georgia with a fine-tooth comb to find him."
"Every act of Frank proclaims him a murderer. Every word announces that he it was who foully strangled little Mary Phagan. Every circumstance proves his guilt. The circumstances are extraordinary, yes, but they are as true as is the fact that little Mary Phagan lies dead."
"She died without a blot on her life or her reputation. She died because she would not yield her virtue to her superintendent."
"I have no purpose and have not had any in the prosecution of this trial that you gentlemen of the jury should not have had as honest men. Your honor, I have done my duty, and I have no apology to make. So far as the State is now concerned, you may charge the jury. This jury has sworn to be unprejudiced and unbiased, and has said under oath that they will consider this case with fair-mindedness and as honest men should, and I can but believe that there will be but one verdict and that it will be guilty, guilty, guilty."
Attorney Arnold at the conclusion of Solicitor Dorsey's argument at 12 o'clock, arose and made a motion for a mistrial. Attorney Arnold based his motion on the applause which at different times during the proceedings has broken the order of the courtroom.
"Your honor, at the beginning of this trial," said Arnold, counsel for the defense, "I requested that the courtroom be cleared of spectators. I am going to make a motion for a new trial and we are prepared to prove each of the instances upon which we base our request, unless your honor is willing to admit that they are true."
"First, when the court refused to rule out the evidence of Frank's relations with other women as given by Jim Conley, that there was applause in the courtroom."
"Second, on Friday, August 22, when the trial was on, and had just recessed for lunch, and when the jury was within 200 feet of the courthouse, and just as the Solicitor General was leaving the courthouse, the crowd gathered around and in plain hearing of the jury yelled: Hurrah for Dorsey.'"
"Third, that on Saturday, August 23, while the trial
was still in process, and had just adjourned, a large crowd gathered in front of the courthouse, and as the Solicitor General left the courthouse, yelled: Hurrah for Dorsey.' The jury at this time was in a caf at lunch within 100 feet and was in plain hearing of the noise and that the crowd moved up in front of the caf and again yelled: Hurrah for Dorsey,' all within plain hearing of the jury."
"Fourth, on August 25, while the jury was in a room within 20 feet of the courtroom, that as the Solicitor General entered the courtroom, the crowd in the courtroom arose and applauded him, and that your honor admonished the crowd that if it happened again, he would clear the courtroom."
"And that all of this applause has tended to coerce and unduly influence the jury. The conduct was most disgraceful and the defendant has not been given a fair show at any time during the trial from the start to finish."
"I never saw a trial where there were so many manifestations of feeling. They have a natural tendency to intimidate and influence the jury."
"I make the motion for the new trial and I stand ready to prove what I have said."
The jury was out while the arguments on the mistrial were being made.
Dorsey Objects to
Mistrial Motion.
Dorsey arose with a strenuous objection.
"I take issue with the defense," almost shouted the Solicitor. "I never heard any such thing as Mr. Arnold speaks of. I think it would be the most ridiculous thing in the world to entertain the motion. I don't know whether all that Mr. Arnold has said is true or not, btu I want your honor to overrule the motion because it wouldn't amount to anything if it were true."
Arnold interrupted Dorsey.
"Didn't you hear the applause this morning, your honor?" said Arnold, addressing Judge Roan. "Didn't you hear the cheering last Friday and Saturday? Didn't you hear them yell, Hurrah for Dorsey?'"
Judge Roan admitted that he had heard cheering, but denied that the exclamation, "Hurrah for Dorsey," had reached his ears.
Several witnesses took the stand to testify as to the demonstrations which were claimed to have influenced the jury. Arnold himself was one of them.
Deputy R. B. Deavers testified also that just before the jury entered the German Caf on Saturday afternoon he heard a demonstration, but asked if he heard, "Hoorah, for Dorsey!" he declared that he did not.
Deputy C. F. Huber said that he was with the jury Friday afternoon, but when asked if he had heard the demonstrations, said that he had not and did not know anything about it until next morning.
The crowd in the courtroom laughed at Huber's statement.
"Your honor," shouted Attorney Arnold, jumping to his feet. "I want that in the records. Who else was with you?" Arnold asked of Huber.
"Mr. Liddell," Huber answered.
"Say," interposed Attorney Hooper, "aren't we going to be given an opportunity to cross-examine this witness?"
In the confusion Hooper's protest was overlooked. Attorney Arnold asked that Liddell be brought in but Judge Roan ruled against the defense, denying a new trial.
PAGE 13
I AM INNOCENT AS I WAS
A YEAR AGO, SAYS FRANK
NO RECOMMENDATION TO COURT FOR MERCY
CONTAINED IN VERDICT; ONE BALLOT TAKEN
Leo M. Frank, convicted of the slaying of Mary Phagan, when informed of the jury's verdict in his cell in the county jail late Monday evening, cried:
"My God, to think that even the jury was influenced by mob law."
Frank shrank back for a brief moment as though struck when the one word "guilty" was uttered by a friend, but regained his composure immediately. He would not see newspapermen and his friends would tell little of what he said except that one of them vouched the information that he had asserted:
"I am just as innocent now as I was a year ago."
As the news was broken to Frank his wife uttered a cry of anguish.
"Oh, Leo," she wailed, "can't we get justice?" and broke down in tears. She was attended to by her family physician.
Frank said he would issue a written statement later, but only with the permission of his attorneys.
Leo M. Frank, was found guilty of the murder of Mary Phagan by a jury in Judge Roan's court at 4:56 Monday afternoon and a minute later a howling crowd was cheering its approval.
According to what appears to be reliable authority, the jury was unanimous in its verdict on the first ballot formally taken one hour and a half after the jury returned from its dinner.
All doors to the courtroom were locked as the verdict came in. No recommendation for mercy was made by the twelve men who listened to four long weeks of exhaustive evidence.
Thirty-five hundred people outside the courthouse yelled themselves hoarse as the verdict was announced Juror Winburn, the foreman, escorted by a deputy, led the jury into the room. All twelve men seem pale and nervous, oppressed by weight of their momentous task.
Frank's presence in the courtroom has been waived, according to an announcement made at 4:15, when it was reported that the jury had reached a verdict. The courtroom was to be cleared for the jury to make it's announcement.
Jury Nervous and Pale.
The jury was very nervous and pale as it entered the courtroom headed by Deputy Plennie Miner. For a time, it hesitated before the twelve men entered the jury box. Only the order of Judge Roan of: "Gentlemen, take your accustomed seats," caused them to file in.
Dorsey was the first to leave the courtroom. He received an ovation from the throngs which packed the streets. He was lifted from his feet upon the shoulders of the enthusiasts and carried several hundred feet. Dorsey took his hat from his head and bowed to the acclamations of the crowd.
Cheers for Hooper, Too.
Hunter street was blocked clear to Whitehall street, and Pryor was blocked for two blocks on either side.
As Frank G. Hooper left the courtroom at 5 o'clock, a lane was made for him across to the Kiser building, directly opposite the courtroom and the cheers which went up rent the air.
J. W. Coleman, stepfather of Mary Phagan, rushed up to the jury and shook hands with each member, tears standing in his eyes.
Rosser Suffers Physical Collapse.
Neither Luther Rosser nor Reuben Arnold were present in the courtroom. They were represented by Stiles Hopkins, a member of Mr. Rosser's law firm. Mr. Rosser had collapsed, it was announced.
When the jury was ushered in, Frank was not present. Judge Roan said to Dorsey:
"Mr. Dorsey, I understand that you have waived the presence of the accused."
The Solicitor General nodded his head.
"I do," he answered. The verdict was read. The jury had deliberated for four hours and seven minutes.
After posing for several flashlight photographs, the jury left the box and was swarmed by newspaper men. Questions as to how the verdict was reached remained unanswered.
To each inquiry, the jurymen stated that they had taken an oath not to reveal the details under which the decision was arrived at.
Cheers for the Jury.
The grim-visage of each man, however, told of the hard battle through which they had gone. After a short time, the jurymen left the courtroom. As they were recognized by the crowds outside, the courthouse, they were wildly cheered. Probably no demonstration of this magnitude has ever been seen before in Georgia at a criminal trial.
Judge Roan left the courtroom at 5:15. He also was applauded. The jurist made no response, but slipped quietly into an automobile and was whisked away.
The jury proceeded to the Thrower building to draw its pay, each man receiving $58.00
Friend Tells Frank News.
First reports that Frank had been told of the verdict immediately after its receipt at the jail proved false. It was nearly 6 o'clock when his family physician, Dr. Rosenberg, and Dr. David Marx went up to the prisoner's cell to convey the tragic news. Frank's wife was with him at the time and the physician was called in case she collapsed.< /p>
Attendants at the jail said Frank received the news of the verdict without a tremor. His wife fainted away, but was soon brought to by her physician and left the jail for the Selig home about 6 o'clock.
Frank's mother at the Selig home on Georgia avenue showed the most remarkable fortitude when the news was given to her. She wept bitterly for a few moments, then dried her eyes and announced that she would fight her boy's cause to the highest court.
Outburst of Applause for Dorsey.
After leaving the courthouse, Attorney Dorsey retired to the Kiser Building, where remained in conference for 20 minutes. He left the building in company with Attorney Stephens and was again greeted with a tremendous outburst of applause. A double row of policemen forced a passageway to the Solicitor's automobile.
As Dorsey took his seat the crowd gathered around the machine and hundreds of congratulatory hands were thrust toward him. Mounted policemen had to go in front of the car to open up the streets. From buildings on either side of the streets, handkerchiefs waved, and even women in the windows cheered. The cheering continued until the automobile was out of sight.
At the Kimball House, to which the jurymen went to gather up the clothing and personal effects which they had used during their long stay, another large crowd had gathered and greeted the men with another ovation until the corridors resounded. Each man was swamped with persons, known and unknown to him, who wrung his hand vigorously.
Solicitor Dorsey finished his speech at twelve o'clock and Judge Roan prepared to charge the jury. A brief recess was taken.
Courthouse officials, the attorneys in the case and newspapermen were the only ones present when the jury brought in its verdict. The dramatic scene that had been expected when the factory superintendent faced the men who held his life in their hands was, of course, averted by the waiving of the prisoner's presence.
There was thrill of tense anticipation when word came from the fourth floor that the jury was ready to report. The rumor had been gaining ground that the jury had arrived at a decision about 3:20 and had been merely holding off for the arrival of the attorneys.
Rosser and Arnold and Dorsey, all of whom had gone home for a brief nap, were summoned. Attorney Hooper was at the courthouse before the clearing of the scene of the great trial began and said he had no doubt of the jury's decision.
When the jury sent down word that it had arrived at a verdict, Sheriff Mangum mounted the Judge's bench and rapped for order in the crowded courtroom.
"Gentlemen, I will have to clear this room of all but those directly interested in the case," the Sheriff said. "My orders are that all spectators must clear out."
A murmur of protest greeted the Sheriff's orders, but bailiffs going down the aisles directed the crowds to the door and they filed slowly out.
When the last spectator had left the room there remained about 50 persons in all. These consisted of the attorneys for the State and defense. Chief Beavers, Chief Lanford, a half score of detectives and as many newspaper men.
A stir was created when the explosion of flashlight powder went up as a photograph was taken of the courtroom. Then Sheriff Mangum mounted the judge's platform again and addressed the small crowd.
PAGE 14
GOOD CHARACTER NO BAR
TO CONVICTION, ASSERTS
JUDGE CHARGING JURY
Here is Judge Roan's complete charge to the jury verbatim:
"Gentleman of the Jury This bill of indictment charges Leo M. Frank with the offense of murder. The charge is that Leo M. Frank, in this county, on the 26th day of April of this year, with force and arms did unlawfully and with malice aforethought kill and murder one Mary Phagan by then and there choking her, the said Mary Phagan, with a cord placed around her neck."
"To this charge made by the bill of indictment found by the Grand Jury of his county recently impaneled Leo M. Frank, the defendant, file a plea of not guilty. The charge as made by the bill of indictment on the one hand and his plea of not guilty filed therein form the issue, and you, gentlemen of the jury have been selected, chosen and sworn to try the truth of this issue."
"Leo M. Frank, the defendant, commences the trial of this issue with the presumption of innocence in his favor, and this presumption of innocence remains with him, to shield him and protect him, until the State shall over come it and remove it by evidence offered to you, in your hearing and presence, sufficient in its strength and character to satisfy your minds beyond a reasonable doubt of his guilty of each and every material allegation made by the bill of indictment."
"I charge you, gentlemen, that all of the allegations of this indictment are material, and it is necessary for the State to satisfy you of their truth by evidence that convinces your minds beyond a reasonable doubt of his guilt before you would be authorized to find a verdict of guilty."
Must Be More Than
Beyond Mere Doubt.
"You are not compelled to find, from the evidence, his guilt beyond any doubt, but beyond a reasonable doubt, such a doubt as grows out of the evidence in the case, or for the want of evidence, such a doubt as a reasonable and impartial man would entertain about matters of the highest importance to himself after all reasonable efforts to ascertain the truth. This does not mean a fanciful doubt, one conjured up by the jury, but a reasonable doubt."
"Gentlemen, this defendant is charged with murder. Murder is defined to be the unlawful killing of a human being, in the peace of the State, by a person of sound memory and discretion, with malice aforethought, either express or implied."
"Express malice is that deliberate intention unlawfully to take away the life of a fellow-creature which is manifested by external circumstances capable of proof."
"Malice shall be implied where no considerable provocation appears, and where all of the circumstances of the killing show an abandoned and malignant heart."
"There is no difference between express and implied malice except in the mode of arriving at the fact of its existence. The legal sense of the term malice' is not confined to particular animosity to the deceased, but extends to an evil design in general. The popular idea of malice in the sense of revenge, hatred, ill will, has nothing to do with the subject. It is an intent to kill a human being in a case where the law would neither justify nor in any degree excuse the intention if the killing should take place as intended. It is a deliberate intent unlawfully to take human life, whether it springs from hatred, ill will or revenge, ambition, avarice or other like passion. A man may for the intent to kill, do the killing instantly, and regret the deed as soon as done. Malice must exist at the time of the killing. It need not have existed any length of time previously."
Law Presumes Malice
If Homicide Is Proven.
"When a homicide is proven, if it is proven to be the act of the defendant, the law presumes malice, and unless the evidence should relieve the slayer he may be found guilty of murder. The presumption of innocence is removed by proof of the killing of the defendant. When the killing is shown to be the act of the defendant, it is then on the defendant to justify or mitigate the homicide. The proof to do that may come from either side, either from the evidence offered by the State to make out its case, or from the evidence offered by the defendant or the defendant's statement."
"Gentlemen of the jury, you are made by law the sole judges of the credibility of the witnesses and the weight of the testimony of each and every witness. It is for you to take this testimony as you have heard it in connection with the defendant's statement, and arrive at what you believe to be the truth."
"Gentlemen, the object of all legal investigation is the discovery of truth. That is the reason of you being selected, impaneled and sworn in t
his case to discover what is the discovery of truth. That is the reason of you being selected, impaneled and sworn in this case to discover what is the truth on this issue formed on this bill of indictment, is Leo M. Frank guilty? Are you satisfied of that beyond a reasonable doubt from the evidence in this case? Or is his plea or not guilty of the truth? The rules of evidence are framed with a view to this prominent and seeking always for pure sources and the highest evidence.
"Direct evidence is that which immediately points to the question at issue. Indirect or circumstantial evidence is that which only to establish the issue by proof of various facts sustaining, by their consistency, the hypothesis claimed. To warrant a conviction on circumstantial evidence the proven facts must not only be consistent with the hypothesis of guilt, but must exclude every other reasonable doubt hypothesis save that of the guilt of the accused."
Character Issue
Of Importance.
"The defendant has introduced testimony as to his good character. On this subject I charge you that evidence of good character when offered by the defendant in a criminal case is always relevant and material, and should be considered by the jury, along with all the other evidence introduced, as one of the facts of the case. It should be considered by the jury, not merely where the balance of the testimony in the case makes it doubtful whether the defendant is guilty or not, but also where such evidence of good character may of itself generate a doubt as to the defendant's guilt. Good character is a substantial fact, like any other fact tending to establish the defendant's innocence, and ought to be so regarded by the jury."
"Like all over facts proved in the case, it should be weighed and acclimated by the jury, for it may render that doubtful which otherwise would be clear. However, if the guilt of the accused is plainly proved to the satisfaction of the jury beyond a reasonable doubt, notwithstanding the proof of good character, it is their duty to convict. But the jury may consider the good character of the defendant, whether the rest of the testimony leaves the question of his guilt doubtful or not, and if a consideration of the proof of his good character considered along with the evidence, creates a reasonable doubt in the minds of the jury as to the defendant's guilt, then it would be the duty of the jury to give the defendant the benefit of the doubt thus raised by his good character, and to acquit him."
"The word character' as used in this connection means that general reputation which he bore among the people who knew him prior to the time of the death of Mary Phagan. Therefore, when the witnesses by which a defendant seeks to prove his good character are put upon the stand, and testify that his character is good, the effect of the testimony is to say that the people who knew him spoke well of him, and that his general reputation was otherwise good."
State Allowed to
Attack Character.
"When a defendant has put his character in issue, the State is allowed to attack it by proving that his general reputation is not good, or by showing that the witnesses who have stated that his character is good have untruly reported it. Hence the Solicitor General has been allowed to cross-examine the witnesses for the defense who were introduced to testify to his good character. In the cross-examination of these witnesses he was allowed to ask them if they had not heard of various acts of misconduct on the defendant's part."
"The Solicitor General had the right to ask any questions along this line he pleased, in order thoroughly to sift the witnesses, and to see if anything derogatory to the defendant's reputation could be proved by them."
"The court now wishes to say to you that, although the Solicitor General was allowed to ask the defendant's character witnesses these questions as to their having heard of various acts of alleged misconduct on the defendant's part, the jury is not to consider this as evidence that the defendant has been guilty of any such misconduct as may have been indicated in the questions of the Solicitor
MRS. FRANK ARRIVING
AT THE COURTHOUSE
The wife of
The defendant
In the Phagan
Case has not
Missed a
Session of the
Trial of her
Husband.
General, or any of them, unless the alleged witnesses testify to it."
"Furthermore, where a man's character is put in evidence and in the course of the investigation any specific act of misconduct is shown, this does not go before the jury for the purpose of showing affirmatively that his character is bad or that he is guilty of the offense with which he stands charged, but is to be considered by the jury only in determining the credibility and the degree of information possessed by those witnesses who have testified to his good character."
"When the defendant has put, his character is issue, the State is allowed to bring witnesses to prove that his general character is bad, and thereby to disprove the testimony of those who have stated that it is good. The jury is allowed to take this testimony, and have the right to consider it along with all the other evidence introduced on the subject of the general character of the defendant, and it is for the jury finally to determine from all the evidence whether his character was good or bad."
Good Character May
Create Reasonable Doubt.
"You will, therefore, observe that this the rule you will be guided by in determining the effect to be given to the evidence on the subject of the defendant's character. If, after considering all the evidence pro and con, on the subject of the defendant's character, you believe that prior to the time of Mary Phagan's death he bore a good reputation among those who knew him that his general character was good, you will consider that as one of the facts in the case, and I may be sufficient to create a reasonable doubt of the defendant's guilt. If it so impress your minds and consciences, after considering it along with all the other evidences in the case, and if it does, you should give the defendant the benefit of the doubt and acquit him."
"However, though you should believe his general character was good, still if, after giving due weight to it as one of the facts in the case, you believe from the evidence as a whole that he is guilty beyond a reasonable doubt, you should be authorized to convict him."
"If you believe beyond a reasonable doubt from the evidence in this case that this defendant is guilty of murder, then you would be authorized in that event to say We, the Jury, find the defendant guilty.'"
"Should you go no further, gentlemen, and say nothing else in your verdict, the court would have to sentence the defendant to the extreme penalty for murder, to wit; to be hanged by the neck until he is dead. But should you see fit to do so, in the event you arrive at the conclusion and belief beyond a reasonable doubt from the evidence that this defendant is guilty, then, gentlemen, you would be authorized in that event, if you saw fit to do so, to say: We, the jury, find the defendant guilty, and we recommend that he be imprisoned in the penitentiary for life.'"
"In the event you should make such a verdict as that, then the Court, under the law, would have to sentence the defendant to the penitentiary for life."
"You have heard the defendant make his statement. He had the right to make it under the law. It is not made under oath and he is not subject to examination or cross-examination. It is with you as to how much of it you will believe, or how little of it. You may go to the extent, if you see fit, of believing it in preference to the sworn testimony in the case."
"In the event, gentlemen, you have a reasonable doubt from the evidence, or the evidence and the statement together or either, as to the defendant's guilt as charged, then give the prisoner the benefit of that doubt, and acquit him the form of your verdict would be: We, the jury, find the defend
ant not guilty.' As honest jurors do your utmost to reach the truth from the evidence and statement as you have heard it here, then let your verdict speak it."
DEMANDS LEO FRANK BE
SENT TO GALLOWS AS
MARY PHAGAN'S SLAYER
Refreshed by the week-end recess, Solicitor General Dorsey returned Monday to the State's closing argument. By the force of logic and denunciation of his final words to the jury the Solicitor hopes to obtain a verdict of guilty against Leo M. Frank, charged with the murder of Mary Phagan.
The day and a half intermission furnished a breathing spell for the State's prosecutor. He came back to the battle with new spirit and with an absence of the fatigue that compelled him to stop his stirring argument Saturday and ask Judge Roan for a recess.
Solicitor Dorsey was vociferously cheered as he entered the courthouse by a crowd waiting for the trial to open, and in the courtroom there was applause as he went to the State's table within the railing.
Judge Roan entered the room as the applause died down while the deputies were rapping for order. He announced that if there was any semblance of a repetition, he would clear the courtroom. The judge declared that a similar occurrence might destroy the work of four long weeks and warned the audience to keep strict order.
Mr. Dorsey began his speech in a low, hoarse voice.
"Your honor and gentlemen of the jury," he said, I regret the necessity for having to carry this case over into another week and through another Sunday. I might have been able to have finished my speech and his honor have delivered his charge and turned the case over to you. The circumstances made the present course wiser."
Begins to Riddle
Frank's Statement.
"When we close proceedings Saturday, I was giving you a brief analysis of the statement of the defendant. I am not going to any exhaustive study of that statement. It is unnecessary to further burden you with it. But there are certain language and statements which merit some consideration."
"The defendants stated after this honor had excluded our evidence, and excluded it properly, that his wife visited him at the police station. He stated that she was there with his father-in-law and his two brothers-in-law. He said Rabbi David Mardx was with him and that he consulted Dr. Marx on the advisability of having her to come up to the top float and see him surrounded by policemen, reporters and snapshotters. He doesn't prove by a living soul that this statement is true. You must rely on his own lips for its value."
"If they could have proved if by Dr. Marx, why didn't they do it? You tell me a loving wife lives who, conscious of a husband's innocence amid such circumstances, wouldn't have braved policemen, snapshotters to have seen him?"
Arnold jumped up.
"I object," he said, "to those outrageous references to his wife. I have sat here in silence during many of his unfair remarks, but to bring in the wife of this man who is on trial for his life is an outrage on law and decency and fairness."
"Let me see," said Judge Roan, "the evidence on which you are speaking, Mr. Dorsey."
Dorsey Fires Hot
Retort at Arnold.
"Let the galled jade wines," said Dorsey, sarcastically.
"He has no right to make any such statement," said Arnold, "It is wholly uncalled for."
"I submit the remark," retorted Dorsey, "of Mr. Rosser that this is an unfair speech (referring to an aside) is uncalled for. Frank said that his wife would not come to see him because she was afraid of the snapshotters and reporters and that she did not want to go through this line of newspaper men every time she came to see him. I tell you, gentlemen, there never lived a true wife who would not have gone through a line of snapshotters and reporters in spite of the contrary advice of a rabid or anyone else."
"Let us see who first found out Conley could write. Frank said, I was the man who made this discovery. I was the means of getting this Information to the police. I have received too many notes asking for loans not to know that he can write. I know that if you will look in the safe you will find some receipts for watches signed by him, and that if you will go to the jeweler's you probably will find other specimens of his handwriting."
"But Scott says that no such thing ever happened. Why didn't Frank, when those notes were found by the dead girl's body why didn't he then and there say that that was Conley's handwriting? Tip to the time that it was discovered that Conley could write Frank had said nothing. It was only through the work done by the detectives and the fact the Conley knew they had learned he could write that the negro finally was made to submit specimens of his handwriting."
"Why did Frank keep silent when he knew those notes were the key which would unlock the mystery?"
Dorsey turned to Frank at this point and said:
"You did know that he could write. You knew that if it was found out that the whole mystery would be solved. You had notes asking for loans. You had seen his writing by which he checked up the boxes of pencils. Why did you keep silent?"
"You saw him at the police station and even then never mentioned that he could write."
"Frank says that after this visit of Conley's to the jail, after Conley had gone to the factory and gone through his pantomime at the time almost exactly to the minute that he said it took, that on this visit to the jail he said, I told them if they would get the permission of Rosser that I would face Conley.' Now, gentlemen of the jury, Mr. Rosser was at Tallulah Falls that day. Therefore, there was no chance to get his permission that day. But Mr. Rosser was at Tallulah Falls that day, and when he got back did he allow Frank to face Conley? No, he did not."
"Gentlemen, you know it is true that never in the history of the Anglo-Saxon race and in the history of the African race has an ignorant, filthy negro ever accused a white man of crime where the white man was innocent and the white man decline to face the negro. There never lived in Georgia a lawyer who possessed half the ability of Rosser who sincerely believed in the innocence of his client who would not have said to this negro. Face my client.' You may say here that you did not know what Conley's statement was going to be, but you could have found out. You could have known."
Rosser Objects
To Being Criticized.
Mr. Rosser was on his feet with an objection to commenting on counsel. After a moment's wrangling, Mr. Dorsey insisting that he had a right to commont on the action of the defendant's counsel charging the facts in the record justified him. Judge Roan sustained the objection.
"But they see the force of it," continued Dorsey.
"Now, I don't think that's fair, your honour," said Rosser, interrupting again. There was another minute of wrangling, both Dorsey and Rosser speaking at the same time. Judge Roan again sustained Rosser.
Dorsey turned to the jury, and slapping his hand viciously on the ceiling, shouted:
"If they don't see the force of it you do."
Rosser objected again.
"I insist, your honor that that is entirely proper comment. I ask you, am I outside the record? I have a right to comment upon their conduct in declining to cross-examine witnesses."
"You may comment upon the act of Frank," interrupted Judge Roan, "in not facing Conley and upon his counsel not having given the permission, but it is not proper for you to comment upon why counsel for the defense did not do certain things."
Dorsey turned to the jury:
"This man Frank with Anglo-Saxon blood in his veins, a graduate of Cornell, a man of sense and intelligence and spirit, refused to see Conley because his counsel was not in town. But when his counsel returned and he still had the opportunity he dared not let Conley meet him. It is not necessary to take up this discussion. Would the weakest of you when innocent and wrongfully accused by a man with a black skin on the charge of murder let Rosser or an
y lawyer in the world keep you from confronting him and sailing the lie. No lawyer of any age or clime could prevent me from meeting a man, be he white or black, who had wrongfully accused me."
Pointing his finger at Frank he continued:
"You want in a room and interviewed old Newt Lee down at the police station at 12 o'clock at night. What did you do? Did you act like an innocent man who was trying to get at the truth? Oh, no!"
Declares Frank Dared
Not Attack Negro Lee.
"Instead of going after him and trying to get from him new light on his case this man at whom you had pointed an infamous suspicion to save your own neck and to save your reputation on Washington street and in the B'nai B'rith according to Lee, you hung your head and quizzed him not, but said: If you don't tell more about this we'll both go to hell.' Then in your statement to the jury, you tried to make it appear that your own detective, Scott, had concocted a scheme against you and lied about what happened."
"The reason Frank didn't put it up to Newt Lee was because he knew Net Lee was innocent. He knew he was guilty and he was only adding to the dastardly crime of assault on the virtue of this little girl by trying to break the neck of this old negro to save his own reputation and neck."
"Listen to his statement. He is smart. Listen how he qualifies and fixes so that when we come back with rebuttal the technical law will protect him. Old Newt Lee had been night watchman at that factory only a few weeks. There had been other night watchmen before, and the charges of going into the place for immoral purposes were during the time before Newt Lee came. He knew the detectives had charged that people had gone in there for immoral purpose but in his statement on the stand, he confined his denial to the time Newt Lee was there as high watchman."
"No, during the time old Newt Lee was there, there was but one person for whom your passion burned," the Solicitor continued, turning to Frank, little Mary Phagan. She never would go there with you. But if you were telling the truth, why didn't you make a bold and emphatic statement that none had ever been there. It was during the summer previous that Dalton and the others testified of the immorality there. There was the chance for impeachment of his statement, and yet you tell me that that's a good, fair, frank statement."
"Now, another thing, listen to this, I read from the defendant's statement, Now, in reference to those spots claimed to be blood spots found by Barrett, I don't say they are not blood. They are near the ladies' dressing room, and we also have many accidents near there. Let me say in connection with those accidents near there. Let me say in connection with those accidents that not all accidents are reported. Only those which incapacitate an employee are reported. But I say it might have been blood. It also might have been aniline dye or paint. I have seen girls drop bottles of this colored matter, btu if it had been fresh blood or fresh paint, the gasoline which was spread over it would have become pink or red instead of remaining white.'"
"Why Didn't They
Bring in a Chemist?"
"But I ask you if the gasoline would not have produced the identical result, which the witnesses say was produced? Why didn't you bring before the jury a reputable chemist and a man who would have sustained you in this contention. If you had time to bring in experts to attack the overwhelming evidence of Dr. Roy Harris, why, in the name of truth and justice, didn't you bring in just one chemist to support your theory of the blood spots?"
"You know the reason. You know they were blood spots. You know that you didn't bring in a chemist because the result of spreading the gasoline over blood would have been exactly the result that was produced in the dressing room on the second floor."
Dorsey turned toward the jury at this point and asked:
"Are you going to take this man's unsupported word when his lawyers are unable to get any reputable chemist to come in and stultify himself by declaring that those spots were not blood or that the result produced was not that of spreading gasoline over fresh blood?
"This defense can not they haven't got any defense. They circle and flutter, but never light. They grab at varnish, rat blood and Duffy's blood, but they never knuckle down to show that it was not blood. In view of the statement of Mell Stanford, who swept that floor and who says it was not there Friday: in view of the statements of Christopher Columbus Barrett, who, despite what they say, continues to draw his livelihood from the corners of the National Pencil Company; in view of the statements of a great many others who went there to see the blood spots, can we get but one solution of the matter? I say you can not."
"Then they fly onto another subject? It is the way they claim Jim Conley took that body into the basement. But, gentlemen of the jury, you know, and they know, that this body wasn't taken down that scuttlehole. It did not show there where the dust was thick. And then did he shoot her down the cute of the Clark Woodenware's place, where the body would have been concealed better and longer than where the body was found? Did this negro, who, they say, robbed this girl even if he had taken time to write the notes, even if they had hit her with a bludgeon do you think, gentlemen of the jury, that he would have taken the time to tie a cord around her neck a cord seldom found in the basement except when it was swept there with the trash, but the proper place for which was in that metal room on the second floor, where little Mary Phagan met her death? If he had done all that after he had sent her body down the cute why would he have gone down into the basement and have removed the body from its safest hiding place down there at the bottom of the chute, where the dust, trash and boxes would have kept it concealed for weeks at least? Why would he have removed it out there near the oiler, where the firemen and everyone else would have been sure to find it?"
"I tell you, gentlemen of the jury, that body was never sent down that chute; that body was never sent down that scuttlehole. It was taken down into the basement just as Jim Conely says it was."
"They fly off onto other things. Why, on May 1, when Holloway caught Jim Conley washing his shirt, he said, This is my negro.' Fifteen days later, when the second squad of Pinkertons came in, can you tell me, will you tell me, why if he shoved her down that hole, that not until the 15th of May was this bloody bludgeon found, and more blood than this girl has ever been shown to have lost was there?"
"Another thing, Frank said in his statement that this man Quinn came to him and told him he would like to take him back to the metal room, where, the newspapers said, and where everybody else said, and knew that morning, that some blood and some hair had been found."
Stresses Fact Frank
Hadn't Examined Spots.
"Although he had seen this in the papers, although he had heard from others in the factory that the spots and hair had been found, although he had been all around there, although the knowledge of the finding of these pots and hair had torn him to pieces, although he was so anxious to get the detectives to work on the case that he had phoned Schiff three times, yet Quinn had to come and ask him to come back there to see the spots."
"Tell me, was that the conduct of an innocent man anxious to help the police? But, strange to say, not even Lemmie Quinn comes to support you in this statement. No one ever saw Leo M. Frank go back there to examine those spots."
"If there was ever a spot on this earth that Frank did not want to see it was the blood spot back there in the metal room, the spot where this little girl met her death. If Frank went down there to the morgue and the sight of that little girl tore him to piece as he tells you it did, let any honest man on this jury tell me why it was he wanted to look upon her dead body again."
"Rogers says he didn't
look at it. Black, says he didn't see him look at it."
Attorneys Arnold and Rosser entered strenuous objection.
"Rogers did not say that Frank did
Continue on Page 3, Column 1.
PAGE 15
CROWD SEEKING TO ATTEND THE LAST DAY OF FRANK TRIAL
DORSEY ANALYZES NOTES
AS HE ENDS STATE'S PLEA
Continued From Page 2.
not see the body," said Arnold.
Dorsey: "It is in the evidence. I am not going to quibble with you. It is the truth and you know it."
"When Frank came into the room," continued the Solicitor to the jury, "he did not see her. And if he went into that room, neither Rogers nor Black saw him look at her."
"I tell you, the truth is that Frank never looked at the body of the girl again. And even if he did, it was but a glace as the electric lights were switched on. He turned and went into another room."
Arnold interposed another objection. "Your honor," he said, "nothing has been said about Frank going into another room."
Dorsey: "It has. It is in the record, Rogers said it."
Arnold: "It is not in the record."
Dorsey: "I say it is in the record and I challenge you to produce it."
"We don't have to produce it," returned Arnold.
Arnold: "We object, your honor, to him saying that we are quibbling."
Judge Calls Halt
In Bitter Clash.
Dorsey: "Well, why don't you look it up then?"
Arnold: "Your Honor, we object. He has no right to go in this manner."
Judge Roan: "Mr. Dorsey, you must not say they are quibbling unless they are. If it is in the record, they are not quibbling unless they are. If it is in the record, they are not quibbling. If it is in the record and they say it is not, then they are quibbling."
"If Frank ever looked that face," said Dorsey, "and I challenge the statement. It was so brief if she was dirty and begrimed, her hair bloody, her features contorted if he didn't know her better than he would have you think he did, he never could have identified her."
"Why did he go back there Sunday afternoon? He had been in the bosom of his family and failed to show any nervousness. He said himself he was torn all to pieces. He went back there to put his ear to the ground to see if there were any whisperings accusing Leo Frank of the crime."
"Rogers didn't see him look at her. Black didn't see him. He himself said the sight tore him to pieces."
"On the way to the police station he trembled on Darley's knee. But like a dog to his vomit, a sow to her wallow, he went back to review that ghastly sight. I ask you if he didn't go back to see if the police suspected Leo M. Frank?"
"He admits his nervousness in the presence of the officers. The Seligs said he was not nervous at home."
Rosser interrupted: "I have the record of that evidence. The question was: You now say he went into that dressing room? A. I wouldn't say. He passed out of my view.'"
Dorsey: "That's cross-examination."
Rosser: "Yes, but it's the truth."
Dorsey: "All right. I am glad you corrected me. The gist of the matter is that he didn't look at the body of little Mary Phagan."
Rosser: "He's wrong about that."
Dorsey: "Take it your way. I am going to throw you that piece of sop. The point is, Frank wanted to get out of the way of the officers. If he went into that room, it was so brief a time, that nobody saw it. He was afraid of anyone who represented the majesty of the law."
"Reads Joke to Assure
All of Self-possession."
"Out home Saturday night he wanted to assure every one of his self-possession by reading a joke. The laughter was the laughter of a guilty conscience. It jarred. He wasn't nervous at home. But he trembled when he had to discuss the matter with the minions of the law."
"Frank was nervous when he went to run the elevator. He stated he left the box open because of the request of a member of the fire department, who had told him that in case of fire, there was danger of the firemen being shocked if they could not cut off the power."
"Why was that necessary when it was so simple to get the key and just by turning the handle, open the box. Why didn't they bring firemen here to substantiate him? Old Holloway told the truth when he made that affidavit in my office when he said Old Jim Conley is my nigger.'"
"The true facts are when Frank came down to that elevator Sunday morning, the box was open, and the key was in his pocket."
Rosser: "Now, your Honor, there isn't a bit of evidence to support that statement."
Dorsey (as one of his deputies handed him the record): "Your Honor, the evidence sustains me in this case, just as it did in the other. I am going to read you Boots Rogers' direct testimony: I didn't see him in the room, but I saw him turn into what I thought was a closet, but afterwards found it was a place where someone slept. There was a bed in there.'"
"I don't care what he led out of him," answered Rosser: "I read him the cross-examination, which was the truth."
Judge Roan: "Mr. Rosser, don't interrupt him as long as he stands by the records."
Dorsey: "Yes. I want him to interrupt me. I don't want to misrepresent this case. There is enough straight evidence. I don't want to mislead this jury."
Judge Roan: "I just wanted to know whether you meant the statement that the key was in Frank's pocket as a deduction or a statement of evidence?"
Rosser: "That's what I am objecting to. He stated something that was not so. I don't mean that knew it was not so."
Waives Point
As Immaterial.
Dorsey: "I don't care anything about that point. It is my recollection that it is true, but I waive it as immaterial."
"Frank says that after looking at the body he identified it as that of the little girl who had been up the day previous and got her money. He went back to the factory, unlocked the safe, got out his books and found out that there was a girl by the name of Mary Phagan who had got her money the day before."
"This made it impossible for a mistake. He might have added, I found her back in the metal room. I made my lascivious proposals to her. She refused me, I struck her too hard and knocked her unconscious. Realizing my predicament, I choked her to death. I had made her envelope out 52 times a year. I had passed her machine every day that she worked. I had called her by name. I had placed me hand on her should.' Of course, it was Mary Phagan. There could be no mistake."
"Frank said in his statement before you. Geesling turned her head toward me. He put his finger in the wound on the back of her head. Her face was scratched. Her right eye was blackened. Her tongue was out and there was a deep indentation in her neck. There was blood on the back of her head. Her face was begrimed and dirty.'"
"Do you mean to say that in that flash that Frank took at the face, if indeed he did take any glance at all that he could have comprehended all this detail?"
"Is Detective Starnes a perjurer? Frank said that in his conversation with Starnes the morning of the murder, he asked over the telephone: What is the matter; has there been a fire at the factory?' He said that Starnes replied: No, there has been a tragedy and we want you down right away.'"
"But Starnes testified that he never used the word tragedy.' And that he gave Frank no intimation of what had happened. Again, it has been imputed that the detectives and police force have centered all their activities against Frank, and they have refused to hold any theory which involved anyone else. But if they had been looking for the easiest man to convict, wouldn't they have picked out someone else than Frank?"
Easier To Have
Picked Some One Else.
"It would have been easier if the detectives wanted to move along the line of least resistance to have picked out Newt Lee, Gantt or Conley."
"Again, Newt Lee says that Frank called up Saturday night something that he had never done before. Frank says that he asked about Gantt; that he asked if Gantt had left the factory yet. But Newt Lee say
s that Gantt's name never was mentioned, and that Frank only asked if anything had happened at the factory."
"Frank had instructed Newt Lee previously not to let Gantt in, whether because he did not want Gantt to see him talking to little Mary Phagan, I do not know. But when he called up Newt Lee that night, you know it was not so much to find out if Gantt had gone as to find out if Newt Lee in making his rounds had discovered the body of the dead girl."
"Frank's lawyers asked you, Would you convict this defendant on this circumstance, or on that circumstance?' No; but I would put all these circumstances together and I would say, inconformity to truth and justice, that they bound an unbreakable strand about this man. They make such a rope, such a strand, such a cable, that it not only is impossible to conceive any doubt at all."
"Frank was in jail. He made a statement that he didn't leave the office between certain hours. Frank didn't know that his own detective, Harry Scott, had found Monteen Stover, who went to the factory that day and found Frank absent."
"In his statement before you, Frank tried to get around this by saying that he had no recollection of leaving his office, although he may have done so unconsciously as men often do. But I tell you that if he had not been back there with Mary Phagan, Monteen Stover would have seen him and got her pay."
"Harry Scott, working with the city detectives, asked Frank these questions: From the time that you came back from Montay's until you went upstairs at 12:50 to see Mrs. White, did you leave your office?'" Frank said "no."
"Scott asked: From the time that you left Montag's until Mary Phagan came for her pay, did you leave your office?' Frank said no.'
"Can Not Believe
Frank's Story."
"Not until Frank saw the wonderful capacity and the wonderful ability the devotion to truth and right of Harry Scott, did he set him out from his councils. Not realizing the importance of his statement, he told his own detective right in the presence of John Black that at no moment from the time return from Montag's until 12:50 did he stir out of his office."
"Do you mean to tell me that a conscientious jury can believe this man in his statement on the stand which throws aside the story he told his own detective? You can do it, but as you live wherever you go, your conscience will oppress you."
"If you, do it, you lose the peace of mind that goes with a clear conscience and that goes with a knowledge of duty well done."
"He indicated nervousness when he talked to Starnes. When Black went out to get him and he sent his wife to the door, he betrayed nervousness by the rapidity in the form of the questions he put."
"But before that he had warned old Newt Lee to come back at 4 o'clock. Dutiful old darky that he was. Newt Lee was there. He found Frank engaged in washing his hands. He sent old Newt out although Newt insisted that he wanted to sleep, and there were plenty of places around that factory where he could have lain down and had a nap. But no, Frank was waiting for Jim Conley. He wanted him to come back and burn that body so that the police of Atlanta today would not have solved the mystery of the death of Mary Phagan and probably would not have known she was killed in the factory."
"Frank Needed to
Be Sustained."
"He didn't want Gantt to go into that factory, but met him at the door. Gantt told him he wanted to get a pair of shoes. I was almost providential that Gantt had two pairs of shoes there. Frank hung his head and said he noticed a boy sweeping out a pair of shoes. He gave the color of the pair, but when Gantt insisted that there were two pairs, he allowed him to go in with old Newt Lee. Lo and behold, both pairs were found!"
"Frank told you how he acted on that occasion. Newt Lee told you how he jumped. Starnes and Black said he was nervous. You say (pointing to Frank) it was because of the auto-ride; it was because you had missed breakfast; it was because of the grewsome sight."
"Oh, he needed to be sustained. He needed someone to support him when he sent his wife to the door. He needed someone to support him when he had her telephone to Darley to meet him at the factory. He needed to be sustained when he sent for Haas. He needed to be sustained when he sent for Rosser, big of reputation and big of frame, dominating and controlling so far as he can, everybody he can."
"And this man Darley we had to get into the enemies' camp to get him. Fortunately, I got on the job early and issued a subpoena for him. Fortunately, Darley did not know he did not have to come, so he obeyed and made an affidavit in my office. Therefore, he came up here and upheld his affidavit in so far as he had to."
"Darley said that Frank was nervous and trembled in the factory. He said he shook like an aspen land when he sat on his lap in the automobile. He said in his affidavit to me Frank was completely unstrung."
"This man called for coffee at the factory, as Durant called for Bromo seltzer; trembling and shaking, he said it was due to looking on such a grewsome sight. Durant explained his appearance from inhaling gas. You tell me these statements of his explain away the evidence of his nervousness? No, you know it was only the consciousness of the infamous crime that he had committed."
"That isn't all. This man Grice was going to catch on the second morning after the murder stopped at the factory and saw him. He swore he was nervous."
Trembled in Shoes at
Fear of Scott.
At this point the jury was allowed to retire for a soft drink.
"Old Newt Lee says that when he went back to the factory that Saturday afternoon at 4 o'clock," said Dorsey in resuming his argument "he found the inside door locked. He says that Frank came out of his office and given him instructions. That light down in the cellar that had always burned bright was turned down until it glowed no more than a lightening bug. You tell me old Jim Conley felt the necessity of turning down that light? I tell you it was turned down by Leo Frank when he went down to place the notes beside the body after he had found that Jim Conley wasn't coming back to burn it."
"He turned it down in the hopes that Newt Lee would not discover the body that night."
"And here is Harry Scott. It didn't take an affidavit to hold him to the truth, though I tell you I trembled in my shoes after my experience with Darley. While he was their detective, Scott was one of the most important witnesses for the State. For a time, I was fearful he had thrown me down. But he stood by the truth like a man. He said that Frank squirmed and twisted in his seat; rubbed his face, sighed and drew deep breaths."
"On his way to the police station, Darley, the man next to him in power, said he trembled on his knee that he was nervous and pale; that his eyes were large."
"Tuesday morning, just before he was arrested, if he ever was arrested, Policeman Waggoner, sent to watch him from across the street, found him pacing back and forth in his office. He said that he came to the window and looked out at least twelve times within thirty minutes."
Not Dared To
Impeach Kelley.
"I have already talked to you about the time element. The defense has shown that McCoy did not have a watch. They have tried to down George Kenly, and there have been impeachments on both sides. They have tried to impeach George Epps, but there is one man for the State upon whom they have not dared to cast suspicion. That is this man M. Kelly, who rode on the same car with Matthews and Hollis from Broad and Marietta streets to beyond Hunter. He says that he knew Hollis and Matthews and that he knew Mary Phagan was not on the car. There is no impeachment of him."
"Mr. Rosser says that he does not care anything about the medical evidence that he paid but little attention to it. Well, gentlemen of the jury, I am not going back on my praising, and there is nothing more wholesome for the normal stomach than cabbage, cornbread and buttermilk, and i
t's good enough for any man."
"Rosser's words that he does not care for the medical evidence are belied by the number of men they brought in on this particular evidence. They did not bring one reputable chemist to refute the testimony of Dr. Roy F. Harris. They brought in surgeons and general practitioners. Why, I would not be surprised if their reason or going out to get these general practitioners was not in the effort to get some of the family physicians to bring here and influence the jury."
Arnold objected.
"Your honor," he said, "that is absolutely unfair. It is insulting to the jury."
"I insist that my words are eminently proper," said Dorsey. "I have not changed any fact. I am simply expressing my opinion. I am going to compare the qualifications of the physicians they brought in with that of the experts we placed upon the stand. They went out and got general practitioners, and I am bringing out the fact that there must have been some other reason than any knowledge their physicians might have."
"Go on," said Judge Roan.
"I thought so," said Dorsey.
Arnold Objects To
Dorsey's Statements.
"Your honor, we object to that," said Arnold. "He has no right to make such comments as that."
"He has the right to comment on his opinion," said Judge Roan.
"Well, we want both of our objections recorded, your honor," said Arnold. "Of course, you may rule them out, but we insist on it just the same."
"I can see no other reason," continued Dorsey, "for going out and getting general practitioners except upon that theory, and I saw that the number of doctors put up here by the defense belies the statements of Mr. Rosser that they did not attach much importance to the State's contention that little Mary Phagan met her death at a certain time."
"I say, gentlemen of the jury, that Mary Phagan met her death some time between the time she entered the factory shortly after noon and the time Mrs. White came in at 12:35 or whatever time it was and found Frank at the safe and Frank jumped at the sight of her."
"Then they put this young man of seven years' experience, the young man from Michigan against Dr. Roy F. Harris, secretary of the Georgia State Board of Health, a native born Georgian and one of the most eminent authorities in the State. Mr. Rosser says that he admitted Dr. Harris' father to the bar and that his father was one of the brainiest men he ever knew, but that his son is not of the same quality."
"But, gentlemen of the jury, will you take the opinion of the young men of seven years' experience and the other young men, the pathologist of Alsace Loraine, against the opinion of Dr. Harris. Take this man Olmstead, surgeon of the Georgia Railway and Electric Company, a man who saws off bones and experiments with cabbage in diseased stomachs. Why this man had a perfect diarrhea of words and constipation of ideas. You tell me that his word and that of the other general practitioners tis to be taken against such testimony as that of Roy Harris, a pathologist of note, and against Clarence Johnson and of Niles and Funke?"
"I want to read you here an excerpt from the address of a lawyer named Hammond, who was prosecuting a man by the name of Dunbar for the murder of two little children. His words are better than I could speak. It will explain the cause of all this nervousness of Leo Frank."
Nature's Accusation, He
Calls Nervousness.
"It had to come, a mighty secret of fact in his heart, the overwhelming consciousness of guilt. It was nature overburdened with a terrible load that spoke. It was fear, remorse and terror, remorse for the past and terror for the future. Special shadows dotted before him, the specter of the girl, this trial, the gallows, and infamy. Guilt forces itself into the speech and conduct and is its own betrayer."
"So far not a word about Conley. Let us discuss Conley for a moment. We can leave Conley out and we have got a course of conduct indicative of guilt, because it is consistent with the theory of guilt and inconsistent with any other hypothesis."
"Is Dalton a low-down character? If so, is he not exactly the kind of a man that would be found consorting with this woman. Daisy Hopkins, I grant you that Dalton in his younger days was not what he would have been. You brought witnesses from Walton County to testify as to his bad character, but we took Dalton after he got to Atlanta and did for him what you didn't dare to do for Daisy Hopkins. We gave him a good character. Rosser says, Once a thief, always a thief.' He says that a thief is eternally damned, but Christ in His dying agony on the cross turned to the thief at his side and said, This day shall thou be with Me in Paradise.'"
"If our religion teaches anything, it teaches that a thief can be reformed; that he may be rehabilitated and become a useful member of society."
"Did we sustain Dalton? By far more witnesses than you put here to impeach him. Did we sustain Dalton? We sustained him not only as to character, but also by C. T. Mayer, unimpeached and unimpeachable, who testified that he actually saw Dalton go into the pencil factory with a woman."
"Corroboration of Conley? Of course, it's corroboration of Conley. They failed absolutely and ingloriously to explain this woman, Daisy Hopkins, which is another corroboration of Conley."
Rosser Could Have Found
Who Dressed Up Conley.
"Rosser said he would give anything to know who dressed Jim Conely up. If he would use half the effort to find this out that he did to impeach Dalton he would have found it out really enough. The man who dressed up this negro, whom you would have dressed in deserved not the condemnation but the praise of this jury."
"Let us see why Jim Conley should now have been delivered into the hands of the police, which, if no better than the Sheriff, are just as good."
Dorsey picked up a copy of the plea in the habeas corpus proceedings which resulted in the removal of Conley from the county jail back to the police station, and read it through.
"This plea charged many things,"
Continued on Page 12, Column 1.
PAGE 12
WITNESSES FOR DEFENSE
PROVE CONLEY TALE TRUE,
DORSEY ARGUES TO JURY
Continued From Page 3.
he said. "Among them was that Conley was being intimidated by friends of Frank in jail. That he was given sandwiches, offered whisky and was threatened with physical harm, cursed and otherwise abused. It also charged that Conley was kept in a cage with a number of desperate criminals, one of whom was under sentence of death, and would have been willing to swear to anything to prolong his life. Also, that Conley was quoted as making statements which he never made. That in contrast to this, the defendant Frank was kept in a cell block to himself and that no one except those he desired to see was allowed to visit him."
"If it was right for Frank to have the privilege of not seeing anyone he did not want to see, why should not Conley have had the same right? Even by newspaper men the defense attempted to show that certain actions and words on his part refuted his statements."
"Judge Roan issued the order which remanded Conley from the country jail to the city jail."
Rosser interrupted We object to that, your honor. You did not order Conley back to police headquarters. You discharged him from custody.
Dorsey The effect was the same.
Rosser We insist that it was not. The order issued here discharged him from custody.
Judge Roan I will explain to you. In the first instance I issued an order releasing him from the city jail and another order that he should be held in the custody of the county jail. What I did the last time was to vacate both orders. The effect was the same as remanding him back to the custody of the police.
"Conley was first in the common jail and then remanded to the police station, and the effect of the Judge's next order was to turn him loose. But for the police bringing him to testify in this case he might have been spirited out of to
wn and his important testimony silenced forever."
"They claim he is impeached, but I assert he is unimpeachable by any man except persons with their hands in the till of the National Pencil Company. Unimpeached as to character, except by hirelings of the National Pencil Company, yet they would turn this man loose and set aside all this important evidence when all they have found against his record are charges of disorderly conduct at the police station."
Says Conley Is
Abundantly Sustained.
"I tell you, gentlemen, Conley is abundantly sustained. Our proof of the general bad character of Frank sustains him. Our proof of the general bad character for lasciviousness, not even denied by a single witness, sustains him. Your failure (pointing to attorneys for the defense) to cross-examine and deliver up the sources of information of the girls who testified that his character was bad those girls Arnold called hair-brained fanatics without rhyme or reason sustains him."
"Frank's relations with Miss Rebecca Carson, going into the dressing room with her in the broad day, first given by Miss Jackson,' the defense's own witness ."
Rosser interrupted: "Miss Jackson never said anything about Frank going into a room with Miss Carson."
"Dorsey: You are right, you are sight. Well, then, by witnesses whose names I can't recall.'"
"Their statements sustain him. The statements that this libertine and rapist looked into the dressing room of those young girls with a sardonic of these young girls with a sardonic smile sustains Jim Conley."
"Miss Kitchens, who refuted Mr. Arnold's statement that he had called all the women on the fourth floor to testify as to Frank's character, sustains Jim Conley."
"Darley sustains him. Truman McCrary, the old darky praised so highly, sustains him in the statement as to where he put his sack of hay at the time he drew as pay. Monteen Stover, telling of her easy walking shoes, sustains him. She sustains him in that at the moment Frank was in the metal department with this unfortunate little girl. She went to his office and he was not there."
"Conley heard footsteps going to the rear. Monteen Stover went up afterwards. Is that not substantiation?"
"Lemmie Quinn, your own dear. Lemmie, in connection with testimony of Mrs. Freeman and Miss Hall, about the time, he went to Frank's office, sustained him, Frank's statement about consulting his attorneys before deciding whether or not to make public the statement of Lemme Quinn's visit on Saturday, sustains him."
"Dalton, proving a good character during the last ten years, sustains him. Daisy Hopkins sustains him. Brent, on the second floor, sustains him. The testimony of Holloway in an affidavit before he realized its importance, sustains him. The testimony of Boots Rogers, that the powerbox of the elevator was unlocked, sustains him."
Clash Over Conley's
"Did," and "Done."
"The affidavit of Minola McKnight made before Mr. Craven and Mr. Pickett sustains Jim Conley. The use of that cord to choke her, which is around the factory in such abundance, sustains him. The existence of notes alone sustains him. NO negro in the history of his race, after a rape, ever wrote notes to cover up the crime. The diction of the notes I did' when Jim says I done' "
Rosser interrupted: "Well, he didn't say that. He says I did' and I have records here. He says here where he tells of Frank tells of having to watch. I disremember whether I did or not.'"
Dorsey I will have to know who wrote it before I believe it.
Rosser If God Almighty were to say it you wouldn't believe it.
Attorney Arnold read the record "And he said he would stay on the door like he did before."
Dorsey Yes; you are reading his quotation of Frank.
There was laughter throughout the courtroom. Deputy sheriffs rapped for order.
Arnold Here it is both ways, quoting Frank and direct.
Dorsey I am not bound by that report. This jury heard it and I am willing to trust them.
Rosser Yes; I know that you are not bound by any rule of conduct in the universe.
Parry, the court stenographer, at this juncture said that Conley was quoted both ways. He said that the character for "did" in shorthand was quite different from the character for "done," and there was no cause for mistake.
Dorsey Takes Up
Context of Notes.
"The testimony shows that Jim in a majority of instances used the word done' instead of did.' I will not quarrel over that matter any longer. I am willing to leave it to the jury."
"The phrase: That long tall black negro did this by his-self shows a conscious effort on the part of Frank to limit the crime to one man.'"
"Conley is sustained as to the time of Frank's arrival at the factory Saturday morning by Frank himself. He is sustained as to Frank's visit to Montag's. He is sustained as to the folder that Frank carried in his hand."
"Arthur White borrowed $2 from Frank when he left at 3 o'clock that afternoon. Schiff testified that an entry always was made of these loans, or that a little slip was left in the cash box, indicating that the loan had been made."
"But where is the paper? Where is the entry in any book? We have asked them to show us an entry and they have failed to do it. The fact of the matter is that Frank neglected to make the entry. Why was it? It was because his mind was so occupied with the crime that he had committed and with the problem of getting rid of the girl's body that he totally forgot the entry."
"Frank in his statement before you said that he made every man sign for the loans he obtained. But they can't show the signature of this man White. I tell you, gentlemen of the jury that he didn't take a receipt from White because his mind and conscience was on the terrible crime he had committed."
"Where's Mincey?"
Dorsey Queries.
"Do you tell me that if everything had been normal he wouldn't have taken the receipt? There's only one reason he didn't take it and you know that reason."
"Conley also has been sustained by the fact that Frank had rich relatives in Brooklyn, and by the time that Frank left the factory that afternoon."
"Where's Mincey?"
"Echo answers where. Either Mincey was a myth or he was such a diabolical perjurer that these lawyers of Frank's knew that his testimony would nauseate any fair-minded jury that heard him."
"Where's Mincey? I ask. If you were not going to produce him and let the jury see him, why did you parade the statements in his affidavit before these men in the jury box? You know, and everybody knows, that if Mincey could have helped your case you would have had him here if you had to go over Georgia with a fine-tooth comb to find him."
"Every act of Frank proclaims him a murderer. Every word announces that he it was who foully strangled little Mary Phagan. Every circumstance proves his guilt. The circumstances are extraordinary, yes, but they are as true as is the fact that little Mary Phagan lies dead."
"She died without a blot on her life or her reputation. She died because she would not yield her virtue to her superintendent."
"I have no purpose and have not had any in the prosecution of this trial that you gentlemen of the jury should not have had as honest men. Your honor, I have done my duty, and I have no apology to make. So far as the State is now concerned, you may charge the jury. This jury has sworn to be unprejudiced and unbiased, and has said under oath that they will consider this case with fair-mindedness and as honest men should, and I can but believe that there will be but one verdict and that it will be guilty, guilty, guilty."
Attorney Arnold at the conclusion of Solicitor Dorsey's argument at 12 o'clock, arose and made a motion for a mistrial. Attorney Arnold based his motion on the applause which at different times during the proceedings has broken the order of the courtroom.
"Your honor, at the beginning of this trial," said Arnold, counsel for the defense, "I requested that the courtroom be cl
eared of spectators. I am going to make a motion for a new trial and we are prepared to prove each of the instances upon which we base our request, unless your honor is willing to admit that they are true."
"First, when the court refused to rule out the evidence of Frank's relations with other women as given by Jim Conley, that there was applause in the courtroom."
"Second, on Friday, August 22, when the trial was on, and had just recessed for lunch, and when the jury was within 200 feet of the courthouse, and just as the Solicitor General was leaving the courthouse, the crowd gathered around and in plain hearing of the jury yelled: Hurrah for Dorsey.'"
"Third, that on Saturday, August 23, while the trial was still in process, and had just adjourned, a large crowd gathered in front of the courthouse, and as the Solicitor General left the courthouse, yelled: Hurrah for Dorsey.' The jury at this time was in a caf at lunch within 100 feet and was in plain hearing of the noise and that the crowd moved up in front of the caf and again yelled: Hurrah for Dorsey,' all within plain hearing of the jury."
"Fourth, on August 25, while the jury was in a room within 20 feet of the courtroom, that as the Solicitor General entered the courtroom, the crowd in the courtroom arose and applauded him, and that your honor admonished the crowd that if it happened again, he would clear the courtroom."
"And that all of this applause has tended to coerce and unduly influence the jury. The conduct was most disgraceful and the defendant has not been given a fair show at any time during the trial from the start to finish."
"I never saw a trial where there were so many manifestations of feeling. They have a natural tendency to intimidate and influence the jury."
"I make the motion for the new trial and I stand ready to prove what I have said."
The jury was out while the arguments on the mistrial were being made.
Dorsey Objects to
Mistrial Motion.
Dorsey arose with a strenuous objection.
"I take issue with the defense," almost shouted the Solicitor. "I never heard any such thing as Mr. Arnold speaks of. I think it would be the most ridiculous thing in the world to entertain the motion. I don't know whether all that Mr. Arnold has said is true or not, btu I want your honor to overrule the motion because it wouldn't amount to anything if it were true."
Arnold interrupted Dorsey.
"Didn't you hear the applause this morning, your honor?" said Arnold, addressing Judge Roan. "Didn't you hear the cheering last Friday and Saturday? Didn't you hear them yell, Hurrah for Dorsey?'"
Judge Roan admitted that he had heard cheering, but denied that the exclamation, "Hurrah for Dorsey," had reached his ears.
Several witnesses took the stand to testify as to the demonstrations which were claimed to have influenced the jury. Arnold himself was one of them.
Deputy R. B. Deavers testified also that just before the jury entered the German Caf on Saturday afternoon he heard a demonstration, but asked if he heard, "Hoorah, for Dorsey!" he declared that he did not.
Deputy C. F. Huber said that he was with the jury Friday afternoon, but when asked if he had heard the demonstrations, said that he had not and did not know anything about it until next morning.
The crowd in the courtroom laughed at Huber's statement.
"Your honor," shouted Attorney Arnold, jumping to his feet. "I want that in the records. Who else was with you?" Arnold asked of Huber.
"Mr. Liddell," Huber answered.
"Say," interposed Attorney Hooper, "aren't we going to be given an opportunity to cross-examine this witness?"
In the confusion Hooper's protest was overlooked. Attorney Arnold asked that Liddell be brought in but Judge Roan ruled against the defense, denying a new trial.
PAGE 16
FRANK EMOTIONLESS AS HE HEARS SENTENCE TO GALLOWS
I am Innocent; My Case Is in My Lawyers'
I HAVE DONE MY
DUTY, ASSERTS
JUDGE ROAN
"I May Have Erred, but My Con-
science Is Clear," He Tells
Condemned Man.
Continued From Page 2.
of his deputies was the signal for a little flurry and the rumor that a verdict had been reached.
Frank's Presence Waived.
Several newspaper men sat on the sixth floor of the uncompleted new courthouses and calmly watched the proceedings of the jurymen on the fourth floor of the old building. The election of Winburn as foreman was noted, as well as other details incident to the deliberations. Finally, it became known that a verdict had been reached. This was an hour before the jurors came downstairs. Finally, it became known that a verdict had been reached. This was an hour before the jurors came downstairs. Judge Roan was sent for "An effort was made to get Solicitor Dorsey, but he could not be reached at once."
Assistant Solicitor E. A. Stephens and Frank Hooper, Dorsey's associate in the case, entered the courtroom and immediately were closeted in conference with Judge Roan. The discussion was in regard to the waiving of the prisoner's presence in the courtroom.
The two attorneys did not wish to sneak definitely for the Solicitor on the matter, but neither could see any objection to the procedure if the waiving was formally made by a representative of Rosser's firm. A little later the spectators were disappointed by the order to clear the courtroom. Dorsey entered just as this order was given. Within five minutes the jury was in the courtroom and the verdict had been returned.
Lanford Says
He Is Vindicated.
Though he has been convicted of the most terrible crime in the history of the South, the friends who have stood steadfastly by Leo Frank during the four long months since Mary Phagan's body was found have not deserted him. They still persist that he is innocent and declare that time will uncover the guilty person and give the young factory superintendent his freedom.
Rabbi David Marx, one of Frank's staunchest supporters, who has been with the convicted superintendent almost constantly since he was first arrested on suspicion of being connected with the crime, was one of the most surprised men in Atlanta when the verdict was returned. He had confidently expected an acquittal, but even with the sentence of death having over Frank's head, the devotion with which Rabbi Marx has stood by Frank which has been the admiration even of those who believed Frank guilty does not falter.
Rabbi Marx Astounded.
Dr. Marx was with Frank when the latter was notified of the verdict, and he suffered almost as heavily as the convicted man.
"I am stunned and surprised," Dr. Marx said. "I can not believe it. I know Leo Frank is innocent I know he is incapable of such a crime. My faith in him has not been shaken by the verdict of the jury. I ask that the public suspend final judgement until an appeal for a new trial is made."
Shortly after Frank had been notified of the verdict Dr. Marx left the jail for a conference with Frank's attorneys. He returned later to tend what comfort he could to the prisoner, and remained with him in his cell until a late hour.
Fair Trial, Says Lanford.
Chief of Detectives, Newport Lanford, head of the department when aided in securing the evidence that convicted Frank, has issued a statement declaring that the trial of the factory superintendent was the fairest he had ever seen.
"I have never figured in a case where the prisoner was given more privileges and liberties than Frank has received," Chief Lanford declared. "A body of twelve men in high-standing in the community have found him guilty of the murder of Mary Phagan, and, in my opinion the verdict was a just one. I think nearly everyone who is familiar with the case believes him guilty."
"It is very gratifying to the members of my department that the jury after careful deliberation, found Frank guilty. I am not surprised, however, nor are any of the detectives who have worked on the case."
"We have worked very hard since little Mary Phagan was murdere
d and have tried to get at the truth regarding the terrible crime. We have been severely condemned by a few persons, most of whom are unfamiliar with the case and with police methods of obtaining evidence, but the verdict of the jury is a complete vindication of our department. We feel that we have received the greatest reward possible -the conviction of the man
FRANK AND HIS WIFE HEAR JURY'S VERDICT
Frank
received
the news
with fortitude
the news
with fortitude
and appeared
to be more
concerned
about his wife than himself.
responsible for the death of Mary Phagan."
The interest in the residence sections of the city was fully as great as downtown when the verdict came in Monday. Officials of the Southern Bell Telephone Company have made the statement that never in the history of the company have the city telephones been in such universal use as Monday afternoon. Three times as many calls were registered between 2 and 6 o'clock, when the excitement was at its greatest height, as have ever been registered before during an entire day. A special corps of operators was on duty at the exchanges, but they were swamped with the volume of the calls and were unable to attend to more than half of them.
"Old Newt" Lee Is
Released From Tower.
Old Newt Lee, as he was referred to by both sides in the Frank trial, the negro night watchman at the National Pencil Factory, was released Tuesday from the Fulton Tower just four months to a day after his fateful find.
The order for his release was signed by Judge Roan and taken to the jail by his attorneys Graham and Chapelle. Graham left with the negro for the police station, where he got a knife and some other personal effects taken from him at the time of his arrest.
Lee was spruce and as cheerful as a darky in watermelon time as he said goodbye to the Tower. He was rigged up in a new outfit and looked mere prosperous than he probably ever has in his life.
"He came here in rags, but he is leaving with quite a bunch of luggage," said one of the deputies.
The negro said he had had a home before the tragedy, but had lost it since.
"All I know is I'm going to look for work, boss," he said. "I sure got to work to live. I feel weak, just in my body, boss. I feel alright in the head because I never did have nothing to do with that murder and now, they all knows it."
Lee had been in jail since shortly after 3-o'clock April 27, when police, responding to his telephone call, found the strangled. Mary Phagan in the grimy basement. For a time, his indictment "seemed" certain, but by the time the case reached the Grand Jury the State had centered its prosecution on Frank and no action was taken against the negro. The petition freeing him was made on the formal plea of Solicitor Dorsey.
Hooper Praises
Dorsey's Work.
"In all my experience I have never seen a case more thoroughly gotten up than the State's cage against Leo M. Frank, as prepared by Solicitor Dorsey. It was complete throughout there was not an angle but which was investigated to the fullest possible extent."
Thus, spoke Attorney Frank Hooper while awaiting the verdict of the jury.
"Dorsey's sincerity in the prosecution and the thoroughness with which he entered into the detail of each part of his work was such as to arouse the admiration of anyone. He had the case at his finger tips; his knowledge of each phase of the case was complete. His argument was one of the most masterful I have ever heard. I do not think it could have been possible for a case to have been handled in a better manner."
- Monday, 28th April 1913 10,000 Throng Morgue to See Body of Victim [Last Updated On: June 29th, 2023] [Originally Added On: January 18th, 2023]
- Monday, 28th April 1913 12-Year-Old Girl Sobs Her Love for Slain Child [Last Updated On: February 21st, 2023] [Originally Added On: February 9th, 2023]
- Monday, 28th April 1913 3 Youths Seen Leading Along a Reeling Girl [Last Updated On: February 21st, 2023] [Originally Added On: February 10th, 2023]
- Monday, 28th April 1913 Arrested as Girl’s Slayer [Last Updated On: September 6th, 2023] [Originally Added On: January 31st, 2023]
- Monday, 28th April 1913 Body Dragged by Deadly Cord After Terrific Fight [Last Updated On: February 23rd, 2023] [Originally Added On: February 8th, 2023]
- Monday, 28th April 1913 Chief and Sleuths Trace Steps in Slaying of Girl [Last Updated On: February 23rd, 2023] [Originally Added On: February 7th, 2023]
- Monday, 28th April 1913 City Chemist Tests Stains For Blood [Last Updated On: February 23rd, 2023] [Originally Added On: February 6th, 2023]
- Monday, 28th April 1913 Gantt Was Infatuated With Girl; at Factory Saturday [Last Updated On: September 6th, 2023] [Originally Added On: February 5th, 2023]
- Monday, 28th April 1913 Girl and His Landlady Defend Mullinax [Last Updated On: September 6th, 2023] [Originally Added On: February 4th, 2023]
- Monday, 28th April 1913 Girl to Be Buried in Marietta To-morrow [Last Updated On: February 24th, 2023] [Originally Added On: February 3rd, 2023]
- Monday, 28th April 1913 Girl’s Grandfather Vows Vengeance [Last Updated On: February 24th, 2023] [Originally Added On: February 2nd, 2023]
- Monday, 28th April 1913 Horrible Mistake, Pleads Mullinax, Denying Crime [Last Updated On: February 26th, 2023] [Originally Added On: February 1st, 2023]
- Monday, 28th April 1913 “I Could Trust Mary Anywhere,” Her Weeping Mother Says [Last Updated On: February 26th, 2023] [Originally Added On: February 11th, 2023]
- Monday, 28th April 1913 Incoherent Notes Add to Mystery in Strangling Case [Last Updated On: February 26th, 2023] [Originally Added On: January 8th, 2023]
- Monday, 28th April 1913 Lifelong Friend Saw Girl and Man After Midnight [Last Updated On: February 26th, 2023] [Originally Added On: January 30th, 2023]
- Monday, 28th April 1913 Look for Negro to Break Down [Last Updated On: February 26th, 2023] [Originally Added On: January 29th, 2023]
- Monday, 28th April 1913 Mullinax Blundered in Statement, Say Police [Last Updated On: February 26th, 2023] [Originally Added On: January 28th, 2023]
- Monday, 28th April 1913 Negro is Not Guilty, Says Factory Head [Last Updated On: February 26th, 2023] [Originally Added On: January 27th, 2023]
- Monday, 28th April 1913 Neighbors of Slain Girl Cry for Vengeance [Last Updated On: February 26th, 2023] [Originally Added On: January 26th, 2023]
- Monday, 28th April 1913 Pinkertons Take Up Hunt for Slayer [Last Updated On: March 1st, 2023] [Originally Added On: January 25th, 2023]
- Monday, 28th April 1913 Playful Girl With Not a Bad Thought [Last Updated On: March 2nd, 2023] [Originally Added On: February 12th, 2023]
- Monday, 28th April 1913 Police Question Factory Superintendent [Last Updated On: March 2nd, 2023] [Originally Added On: January 24th, 2023]
- Monday, 28th April 1913 Slain Girl Modest and Quiet, He Says [Last Updated On: March 2nd, 2023] [Originally Added On: January 23rd, 2023]
- Monday, 28th April 1913 Soda Clerk Sought in Phagan Mystery [Last Updated On: March 2nd, 2023] [Originally Added On: January 22nd, 2023]
- Monday, 28th April 1913 Story of the Killing as the Meager Facts Reveal It [Last Updated On: March 2nd, 2023] [Originally Added On: January 21st, 2023]
- Monday, 28th April 1913 Suspect Gantt Tells His Own Story [Last Updated On: September 6th, 2023] [Originally Added On: January 20th, 2023]
- Monday, 28th April 1913 Where and With Whom Was Mary Phagan Before End? [Last Updated On: March 2nd, 2023] [Originally Added On: January 19th, 2023]
- Tuesday, 29th April 1913 Bartender Confirms Gantts Statement [Last Updated On: March 2nd, 2023] [Originally Added On: January 16th, 2023]
- Tuesday, 29th April 1913 Charge is Basest of Lies, Declares Gantt [Last Updated On: March 3rd, 2023] [Originally Added On: January 15th, 2023]
- Tuesday, 29th April 1913 Factory Employee May Be Taken Any Moment [Last Updated On: September 3rd, 2023] [Originally Added On: January 14th, 2023]
- Tuesday, 29th April 1913 Factory Head Frank and Watchman Newt Lee are Sweated by Police [Last Updated On: March 3rd, 2023] [Originally Added On: January 13th, 2023]
- Tuesday, 29th April 1913 Former Playmates Meet Girl’s Body at Marietta [Last Updated On: March 4th, 2023] [Originally Added On: January 12th, 2023]
- Tuesday, 29th April 1913 Guilt Will Be Fixed Detectives Declare [Last Updated On: March 4th, 2023] [Originally Added On: January 11th, 2023]
- Tuesday, 29th April 1913 I Feel as Though I Could Die, Sobs Mary Phagans Grief-Stricken Sister [Last Updated On: March 4th, 2023] [Originally Added On: January 17th, 2023]
- Tuesday, 29th April 1913 Is the Guilty Man Among Those Held? [Last Updated On: March 5th, 2023] [Originally Added On: January 10th, 2023]
- Tuesday, 29th April 1913 Keeper of Rooming House Enters Case [Last Updated On: March 5th, 2023] [Originally Added On: January 9th, 2023]
- Tuesday, 29th April 1913 Loyalty Sends Girl to Defend Mullinax [Last Updated On: March 5th, 2023] [Originally Added On: December 15th, 2022]
- Tuesday, 29th April 1913 Negro Watchman is Accused by Slain Girl’s Stepfather [Last Updated On: September 6th, 2023] [Originally Added On: December 14th, 2022]
- Tuesday, 29th April 1913 Nude Dancers Pictures Upon Factory Walls [Last Updated On: March 5th, 2023] [Originally Added On: December 13th, 2022]
- Tuesday, 29th April 1913 Pastor Prays for Justice at Girls Funeral [Last Updated On: March 5th, 2023] [Originally Added On: December 12th, 2022]
- Tuesday, 29th April 1913 Seek Clew in Queer Words in Odd Notes [Last Updated On: March 5th, 2023] [Originally Added On: December 11th, 2022]
- Tuesday, 29th April 1913 Slayers Hand Print Left On Arm Of Girl [Last Updated On: March 7th, 2023] [Originally Added On: December 10th, 2022]
- Wednesday, 30th April 1913 Boy Sweetheart Says Girl Was to Meet Him Saturday [Last Updated On: March 15th, 2023] [Originally Added On: December 20th, 2022]
- Wednesday, 30th April 1913 City Offers $1,000 as Phagan Case Reward [Last Updated On: March 15th, 2023] [Originally Added On: December 19th, 2022]
- Wednesday, 30th April 1913 Clock Misses Add Mystery to Phagan Case [Last Updated On: March 15th, 2023] [Originally Added On: December 31st, 2022]
- Wednesday, 30th April 1913 Confirms Lee’s Story of Shirt [Last Updated On: March 15th, 2023] [Originally Added On: January 1st, 2023]
- Wednesday, 30th April 1913 Girl’s Death Laid to Factory Evils [Last Updated On: March 16th, 2023] [Originally Added On: January 4th, 2023]
- Wednesday, 30th April 1913 Great Crowd at Phagan Inquest [Last Updated On: March 16th, 2023] [Originally Added On: January 3rd, 2023]
- Wednesday, 30th April 1913 Handwriting of Notes is Identified as Newt Lees [Last Updated On: March 16th, 2023] [Originally Added On: December 21st, 2022]
- Wednesday, 30th April 1913 Leo Frank’s Friends Denounce Detention [Last Updated On: March 16th, 2023] [Originally Added On: December 30th, 2022]
- Wednesday, 30th April 1913 Looks Like Frank is Trying to Put Crime on Me, Says Lee [Last Updated On: March 16th, 2023] [Originally Added On: December 24th, 2022]
- Wednesday, 30th April 1913 Machinist Tells of Hair Found in Factory Lathe [Last Updated On: March 16th, 2023] [Originally Added On: December 22nd, 2022]
- Wednesday, 30th April 1913 Mother Prays That Son May Be Released [Last Updated On: March 17th, 2023] [Originally Added On: December 29th, 2022]
- Wednesday, 30th April 1913 Net Closing About Lee, Says Lanford [Last Updated On: March 17th, 2023] [Originally Added On: December 23rd, 2022]
- Wednesday, 30th April 1913 Newt Lee on Stand at Inquest Tells His Side of Phagan Case [Last Updated On: March 17th, 2023] [Originally Added On: January 7th, 2023]
- Wednesday, 30th April 1913 Newt Lees Testimony as He Gave It at the Inquest [Last Updated On: March 17th, 2023] [Originally Added On: January 6th, 2023]
- Wednesday, 30th April 1913 Policeman Says Body Was Dragged From Elevator [Last Updated On: March 17th, 2023] [Originally Added On: January 5th, 2023]
- Wednesday, 30th April 1913 Reward of $1,000 Urged by Mayor [Last Updated On: March 17th, 2023] [Originally Added On: December 18th, 2022]
- Wednesday, 30th April 1913 Sergeant Brown Tells His Story of Finding of Body [Last Updated On: March 17th, 2023] [Originally Added On: December 28th, 2022]
- Wednesday, 30th April 1913 Sisters New Story Likely to Clear Gantt as Suspect [Last Updated On: March 17th, 2023] [Originally Added On: December 16th, 2022]
- Wednesday, 30th April 1913 Tells Jury He Saw Girl and Mullinax Together [Last Updated On: March 17th, 2023] [Originally Added On: December 25th, 2022]
- Wednesday, 30th April 1913 Tells of Watchman Lee Explaining the Notes [Last Updated On: March 17th, 2023] [Originally Added On: December 27th, 2022]
- Wednesday, 30th April 1913 Went Down Scuttle Hole on Ladder to Reach Body [Last Updated On: March 17th, 2023] [Originally Added On: January 2nd, 2023]
- Wednesday, 30th April 1913 Witness Saw Slain Girl and Man at Factory Door [Last Updated On: March 17th, 2023] [Originally Added On: December 26th, 2022]
- Wednesday, 30th April 1913 Writing Test Points to Negro [Last Updated On: March 17th, 2023] [Originally Added On: December 17th, 2022]
- Thursday, 1st May 1913 State Enters Phagan Case; Frank and Lee are Taken to Tower [Last Updated On: March 31st, 2023] [Originally Added On: December 9th, 2022]
- Thursday, 1st May 1913 Terminal Official Certain He Saw Girl [Last Updated On: March 31st, 2023] [Originally Added On: December 8th, 2022]
- Friday, 2nd May 1913 Dorsey Puts Own Sleuths Onto Phagan Slaying Case [Last Updated On: April 1st, 2023] [Originally Added On: December 7th, 2022]
- Friday, 2nd May 1913 Police Still Puzzled by Mystery of Phagan Case [Last Updated On: April 1st, 2023] [Originally Added On: December 6th, 2022]
- Saturday, 3rd May 1913 Analysis of Blood Stains May Solve Phagan Mystery [Last Updated On: March 31st, 2023] [Originally Added On: December 5th, 2022]
- Sunday, 4th May 1913 Dr. John E. White Writes on the Phagan Case [Last Updated On: April 1st, 2023] [Originally Added On: December 1st, 2022]
- Sunday, 4th May 1913 Gov. Brown on the Phagan Case [Last Updated On: April 1st, 2023] [Originally Added On: December 4th, 2022]
- Sunday, 4th May 1913 Grand Jury to Take Up Phagan Case To-morrow [Last Updated On: April 2nd, 2023] [Originally Added On: December 3rd, 2022]
- Sunday, 4th May 1913 Old Police Reporter Analyzes Mystery Phagan Case Solution Far Off, He Says [Last Updated On: April 2nd, 2023] [Originally Added On: December 2nd, 2022]
- Sunday, 4th May 1913 Slayer of Mary Phagan May Still be at Large [Last Updated On: April 2nd, 2023] [Originally Added On: November 30th, 2022]
- Monday, 5th May 1913 Coroners Jury Likely to Hold Both Prisoners [Last Updated On: April 2nd, 2023] [Originally Added On: November 24th, 2022]
- Monday, 5th May 1913 Crowds at Phagan Inquest [Last Updated On: April 3rd, 2023] [Originally Added On: November 29th, 2022]
- Monday, 5th May 1913 Frank on Witness Stand [Last Updated On: April 3rd, 2023] [Originally Added On: November 26th, 2022]
- Monday, 5th May 1913 Judge Charges Grand Jury to Go Deeply Into Phagan Mystery [Last Updated On: March 31st, 2023] [Originally Added On: November 28th, 2022]
- Monday, 5th May 1913 Judge W. D. Ellis Charges Grand Jury to Probe into Phagan Slaying Mystery [Last Updated On: April 1st, 2023] [Originally Added On: November 27th, 2022]
- Monday, 5th May 1913 Phagan Girl’s Body Exhumed [Last Updated On: March 31st, 2023] [Originally Added On: November 25th, 2022]
- Tuesday, 6th May 1913 Bowen Still Held by Houston Police in the Phagan Case [Last Updated On: April 1st, 2023] [Originally Added On: November 22nd, 2022]
- Tuesday, 6th May 1913 Brother Declares Bowen Left Georgia in August [Last Updated On: March 31st, 2023] [Originally Added On: November 21st, 2022]
- Tuesday, 6th May 1913 Frank’s Testimony Fails to Lift Veil of Mystery [Last Updated On: April 1st, 2023] [Originally Added On: November 18th, 2022]
- Tuesday, 6th May 1913 How Frank Spent Day of Tragedy [Last Updated On: March 31st, 2023] [Originally Added On: November 20th, 2022]
- Tuesday, 6th May 1913 Newest Clews in Phagan Case Not Yet Public [Last Updated On: March 31st, 2023] [Originally Added On: November 23rd, 2022]
- Tuesday, 6th May 1913 Phagan Case and the Solicitor Generals Power Under Law—Dorsey Hasnt Encroached on Coroner [Last Updated On: April 3rd, 2023] [Originally Added On: November 19th, 2022]
- Wednesday, 7th May 1913 Employee of Lunch Stand Near Pencil Factory is Trailed to Alabama [Last Updated On: April 3rd, 2023] [Originally Added On: November 16th, 2022]
- Wednesday, 7th May 1913 Lee is Quizzed by Dorsey for New Evidence [Last Updated On: April 3rd, 2023] [Originally Added On: November 15th, 2022]
- Wednesday, 7th May 1913 Phagan Girls Body Again Exhumed for Finger-Print Clews [Last Updated On: April 4th, 2023] [Originally Added On: November 14th, 2022]
- Wednesday, 7th May 1913 Solicitor Dorsey Orders Body Exhumed in the Hope of Getting New Evidence [Last Updated On: April 4th, 2023] [Originally Added On: November 17th, 2022]
- Thursday, 8th May 1913 Another Clew in Phagan Case is Worthless [Last Updated On: April 4th, 2023] [Originally Added On: November 5th, 2022]
- Thursday, 8th May 1913 Black Testifies Quinn Denied Visiting Factory [Last Updated On: April 4th, 2023] [Originally Added On: October 31st, 2022]
- Thursday, 8th May 1913 Boots Rogers Tells How Body Was Found [Last Updated On: April 4th, 2023] [Originally Added On: November 10th, 2022]
- Thursday, 8th May 1913 Didnt See Girl Late Saturday, He Admits [Last Updated On: April 4th, 2023] [Originally Added On: November 11th, 2022]
- Thursday, 8th May 1913 Frank Answers Questions Nervously When Recalled [Last Updated On: April 4th, 2023] [Originally Added On: November 3rd, 2022]
- Thursday, 8th May 1913 Frank of Nervous Nature; Says Superintendent Aide [Last Updated On: April 4th, 2023] [Originally Added On: November 1st, 2022]
- Thursday, 8th May 1913 Girl Employe on Fourth Floor of Factory Saturday [Last Updated On: April 4th, 2023] [Originally Added On: November 6th, 2022]
- Thursday, 8th May 1913 Grand Jury to Sift the Evidence in the Phagan Case Within the Next Few Days [Last Updated On: April 4th, 2023] [Originally Added On: November 9th, 2022]
- Thursday, 8th May 1913 Inquest Scene is Dramatic in its Tenseness [Last Updated On: April 4th, 2023] [Originally Added On: November 13th, 2022]
- Thursday, 8th May 1913 Lee Repeats His Private Conversation With Frank [Last Updated On: April 4th, 2023] [Originally Added On: October 30th, 2022]
- Thursday, 8th May 1913 Leo Frank is Again Quizzed by Coroner [Last Updated On: April 4th, 2023] [Originally Added On: November 4th, 2022]
- Thursday, 8th May 1913 Pinkerton Detective Tells of Call From Factory Head [Last Updated On: April 4th, 2023] [Originally Added On: November 2nd, 2022]
- Thursday, 8th May 1913 Police Still Withhold Evidence. Frank To Be Examined on New Lines [Last Updated On: April 5th, 2023] [Originally Added On: November 12th, 2022]
- Thursday, 8th May 1913 Quinn, Foreman Over Slain Girl, Tells of Seeing Frank [Last Updated On: April 5th, 2023] [Originally Added On: November 8th, 2022]
- Thursday, 8th May 1913 Stenographer in Factory Office on Witness Stand [Last Updated On: April 5th, 2023] [Originally Added On: November 7th, 2022]
- Friday, 9th May 1913 Best Detective in America Now is on Case, Says Dorsey [Last Updated On: April 5th, 2023] [Originally Added On: October 29th, 2022]
- Saturday, 10th May 1913 Guard of Secrecy is Thrown About Phagan Search by Solicitor [Last Updated On: April 5th, 2023] [Originally Added On: October 28th, 2022]
- Sunday, 11th May 1913 Caught Frank With Girl in Park, He Says [Last Updated On: April 5th, 2023] [Originally Added On: October 25th, 2022]
- Sunday, 11th May 1913 Frank is Awaiting Action of the Grand Jury Calmly [Last Updated On: April 6th, 2023] [Originally Added On: October 24th, 2022]
- Sunday, 11th May 1913 Mary Phagans Death Only Assured Fact Developed [Last Updated On: April 6th, 2023] [Originally Added On: October 26th, 2022]
- Sunday, 11th May 1913 Weak Evidence Against Men in Phagan Slaying [Last Updated On: April 6th, 2023] [Originally Added On: October 27th, 2022]
- Monday, 12th May 1913 Burns Called into Phagan Mystery; On Way From Europe [Last Updated On: April 6th, 2023] [Originally Added On: October 23rd, 2022]
- Monday, 12th May 1913 Phagan Case is Delayed [Last Updated On: April 6th, 2023] [Originally Added On: October 22nd, 2022]
- Tuesday, 13th May 1913 Frank’s Life in Tower [Last Updated On: April 6th, 2023] [Originally Added On: October 20th, 2022]
- Tuesday, 13th May 1913 Mother Thinks Police Are Doing Their Best [Last Updated On: April 6th, 2023] [Originally Added On: October 19th, 2022]
- Tuesday, 13th May 1913 New Theory is Offered in Phagan Mystery [Last Updated On: April 6th, 2023] [Originally Added On: October 21st, 2022]
- Wednesday, 14th May 1913 Friends Say Franks Actions Point to Innocence [Last Updated On: February 20th, 2023] [Originally Added On: October 17th, 2022]
- Wednesday, 14th May 1913 Secret Hunt by Burns in Mystery is Likely [Last Updated On: February 20th, 2023] [Originally Added On: October 18th, 2022]
- Thursday, 15th May 1913 Burns Investigator Will Probe Slaying [Last Updated On: February 20th, 2023] [Originally Added On: October 16th, 2022]
- Friday, 16th May 1913 $1,000 Offered Burns to Take Phagan Case [Last Updated On: February 20th, 2023] [Originally Added On: October 13th, 2022]
- Friday, 16th May 1913 Burns Hunt for Phagan Slayer Begun [Last Updated On: February 20th, 2023] [Originally Added On: October 15th, 2022]
- Friday, 16th May 1913 Secret Probe Began by Burns Agent into the Phagan Mystery [Last Updated On: February 20th, 2023] [Originally Added On: October 14th, 2022]
- Saturday, 17th May 1913 New Phagan Witnesses Have Been Found [Last Updated On: February 20th, 2023] [Originally Added On: October 12th, 2022]
- Sunday, 18th May 1913 Burns, Called in as Last Resort, Faces Cold Trail in Baffling Phagan Case [Last Updated On: February 20th, 2023] [Originally Added On: October 11th, 2022]
- Sunday, 18th May 1913 Burns Sleuth Makes Report in Phagan Case [Last Updated On: February 20th, 2023] [Originally Added On: October 10th, 2022]
- Sunday, 18th May 1913 Greeks Add to Fund to Solve Phagan Case [Last Updated On: February 20th, 2023] [Originally Added On: October 9th, 2022]
- Monday, 19th May 1913 Burns Agent Outlines Phagan Theory [Last Updated On: February 20th, 2023] [Originally Added On: October 7th, 2022]
- Monday, 19th May 1913 Burns Eager to Solve Phagan Case [Last Updated On: February 20th, 2023] [Originally Added On: October 8th, 2022]
- Tuesday, 20th May 1913 Cases Ready Against Lee and Leo Frank [Last Updated On: February 20th, 2023] [Originally Added On: October 6th, 2022]
- Wednesday, 21st May 1913 T. B. Felder Repudiates Report of Activity for Frank [Last Updated On: February 20th, 2023] [Originally Added On: October 5th, 2022]
- Thursday, 22nd May 1913 Grand Jury Wont Hear Leo Frank or Lee [Last Updated On: February 20th, 2023] [Originally Added On: October 4th, 2022]
- Friday, 23rd May 1913 Dictograph Record Used Against Felder [Last Updated On: February 20th, 2023] [Originally Added On: September 28th, 2022]
- Friday, 23rd May 1913 Felder Denies Phagan Bribe; Calls Colyar Crook and Liar [Last Updated On: February 20th, 2023] [Originally Added On: September 30th, 2022]
- Friday, 23rd May 1913 Felder Denies Phagan Bribery; Dictograph Record Used Against Felder [Last Updated On: February 20th, 2023] [Originally Added On: October 2nd, 2022]
- Friday, 23rd May 1913 Frank Feeling Fine But Will Not Discuss His Case [Last Updated On: February 20th, 2023] [Originally Added On: October 1st, 2022]
- Friday, 23rd May 1913 Here is Affidavit Charging Bribery [Last Updated On: February 20th, 2023] [Originally Added On: September 29th, 2022]
- Friday, 23rd May 1913 Indictment of Both Lee and Frank is Asked [Last Updated On: February 20th, 2023] [Originally Added On: October 3rd, 2022]
- Saturday, 24th May 1913 Beavers Says He Will Seek Indictments [Last Updated On: April 22nd, 2023] [Originally Added On: September 16th, 2022]
- Saturday, 24th May 1913 Blease Ironic in Comments on Felder Trap [Last Updated On: April 22nd, 2023] [Originally Added On: September 17th, 2022]
- Saturday, 24th May 1913 Colyar Called Convict and Insane [Last Updated On: April 22nd, 2023] [Originally Added On: September 20th, 2022]
- Saturday, 24th May 1913 Colyar Held for Forgery [Last Updated On: April 22nd, 2023] [Originally Added On: September 26th, 2022]
- Saturday, 24th May 1913 Dictograph Catches Mayor in Net [Last Updated On: April 22nd, 2023] [Originally Added On: September 27th, 2022]
- Saturday, 24th May 1913 Dictograph Record Alleged Bribe Offer [Last Updated On: April 25th, 2024] [Originally Added On: December 2nd, 2020]
- Saturday, 24th May 1913 Felder Charges Police Plot to Shield Slayer [Last Updated On: April 22nd, 2023] [Originally Added On: September 21st, 2022]
- Saturday, 24th May 1913 Felders Fight is to Get Chief and Lanford Out of Office [Last Updated On: April 22nd, 2023] [Originally Added On: September 15th, 2022]
- Saturday, 24th May 1913 Frame-Up Aimed at Burns Men, Says Tobie [Last Updated On: April 22nd, 2023] [Originally Added On: September 18th, 2022]
- Saturday, 24th May 1913 Jones Attacks Beavers and Charges Police Crookedness [Last Updated On: April 22nd, 2023] [Originally Added On: September 25th, 2022]
- Saturday, 24th May 1913 Mayor Admits Dictograph is Correct [Last Updated On: April 22nd, 2023] [Originally Added On: September 24th, 2022]
- Saturday, 24th May 1913 Miles Says He Had Mayor Go to Room [Last Updated On: April 22nd, 2023] [Originally Added On: September 22nd, 2022]
- Saturday, 24th May 1913 Plot on Life of Beavers Told by Colyar [Last Updated On: April 22nd, 2023] [Originally Added On: September 23rd, 2022]
- Saturday, 24th May 1913 Strangulation Charge is in Indictments [Last Updated On: April 22nd, 2023] [Originally Added On: September 19th, 2022]
- Sunday, 25th May 1913 Attorney, in Long Statement, Claims Dictograph Records Against Him Padded [Last Updated On: April 22nd, 2023] [Originally Added On: September 13th, 2022]
- Sunday, 25th May 1913 Colyar Arrest Proper End to Plot of Crook [Last Updated On: April 22nd, 2023] [Originally Added On: September 10th, 2022]
- Sunday, 25th May 1913 Colyar, Held as Forger, is Freed on Bond; Long Crime Record Charged [Last Updated On: April 22nd, 2023] [Originally Added On: September 12th, 2022]
- Sunday, 25th May 1913 Dorsey to Present Graft Charges if They Stand Up [Last Updated On: April 22nd, 2023] [Originally Added On: September 9th, 2022]
- Sunday, 25th May 1913 Ill Indict Gang, Says Beavers [Last Updated On: April 22nd, 2023] [Originally Added On: September 14th, 2022]
- Sunday, 25th May 1913 Long Criminal Record of Colyar is Cited [Last Updated On: April 22nd, 2023] [Originally Added On: September 11th, 2022]
- Monday, 26th May 1913 Accuses Tobie of Kidnaping Attempt [Last Updated On: April 22nd, 2023] [Originally Added On: September 3rd, 2022]
- Monday, 26th May 1913 Evidence Against Frank Conclusive, Say Police [Last Updated On: April 24th, 2023] [Originally Added On: September 5th, 2022]
- Monday, 26th May 1913 Lay Bribery Effort to Franks Friends [Last Updated On: April 24th, 2023] [Originally Added On: September 7th, 2022]
- Monday, 26th May 1913 Mason Blocks Attempt to Oust Chief [Last Updated On: April 24th, 2023] [Originally Added On: September 1st, 2022]
- Monday, 26th May 1913 Mayor Eager to Bring Back Tenderloin, Declares Chief [Last Updated On: April 24th, 2023] [Originally Added On: September 6th, 2022]
- Monday, 26th May 1913 Mayor Gives Out Sizzling Reply to Chief Beavers [Last Updated On: April 24th, 2023] [Originally Added On: September 4th, 2022]
- Monday, 26th May 1913 Pinkerton Man Says Frank is Guilty [Last Updated On: April 29th, 2023] [Originally Added On: September 2nd, 2022]
- Monday, 26th May 1913 Will Take Charge of Graft to Grand Jury for Vindication [Last Updated On: April 29th, 2023] [Originally Added On: September 8th, 2022]
- Tuesday, 27th May 1913 Burns Man Quits Case; Declares He Is Opposed [Last Updated On: April 29th, 2023] [Originally Added On: August 30th, 2022]
- Tuesday, 27th May 1913 Felder Aide Offers Vice List to Chief [Last Updated On: April 29th, 2023] [Originally Added On: August 29th, 2022]
- Tuesday, 27th May 1913 State Faces Big Task in Trial of Frank as Slayer [Last Updated On: April 29th, 2023] [Originally Added On: August 28th, 2022]
- Tuesday, 27th May 1913 Suspicion Turned to Conley; Accused by Factory Foreman [Last Updated On: April 29th, 2023] [Originally Added On: August 31st, 2022]
- Wednesday, 28th May 1913 Chief Beavers to Renew His Vice War [Last Updated On: April 29th, 2023] [Originally Added On: August 24th, 2022]
- Wednesday, 28th May 1913 Conley Says Frank Took Him to Plant on Day of Slaying [Last Updated On: April 29th, 2023] [Originally Added On: August 27th, 2022]
- Wednesday, 28th May 1913 Conley Was in Factory on Day of Slaying [Last Updated On: April 29th, 2023] [Originally Added On: August 26th, 2022]
- Wednesday, 28th May 1913 Woman Writes in Defense of Leo M. Frank [Last Updated On: April 29th, 2023] [Originally Added On: August 25th, 2022]
- Thursday, 29th May 1913 Burns Joins in Hunt for Phagan Slayer [Last Updated On: April 29th, 2023] [Originally Added On: August 23rd, 2022]
- Thursday, 29th May 1913 Conley Re-enacts in Plant Part He Says He Took in Slaying [Last Updated On: April 29th, 2023] [Originally Added On: August 21st, 2022]
- Thursday, 29th May 1913 Felder Bribery Charge Expected [Last Updated On: April 29th, 2023] [Originally Added On: August 22nd, 2022]
- Thursday, 29th May 1913 Negro Conleys Affidavit Lays Bare Slaying [Last Updated On: April 29th, 2023] [Originally Added On: August 20th, 2022]
- Thursday, 29th May 1913 Ready to Indict Conley as an Accomplice [Last Updated On: April 29th, 2023] [Originally Added On: August 19th, 2022]
- Friday, 30th May 1913 Negro Conley Now Says He Helped to Carry Away Body [Last Updated On: February 20th, 2023] [Originally Added On: August 18th, 2022]
- Saturday, 31st May 1913 Conley Star Actor in Dramatic Third Degree [Last Updated On: February 20th, 2023] [Originally Added On: August 15th, 2022]
- Saturday, 31st May 1913 Plan to Confront Conley and Frank for New Admission [Last Updated On: February 20th, 2023] [Originally Added On: August 16th, 2022]
- Saturday, 31st May 1913 Silence of Conley Put to End by Georgian [Last Updated On: February 20th, 2023] [Originally Added On: August 17th, 2022]
- Saturday, 31st May 1913 Special Session of Grand Jury Called [Last Updated On: February 20th, 2023] [Originally Added On: August 14th, 2022]
- Sunday, 1st June 1913 Confession of Conley Makes No Changes in States Case [Last Updated On: February 20th, 2023] [Originally Added On: August 9th, 2022]
- Sunday, 1st June 1913 Conley is Unwittingly Friend of Frank, Says Old Police Reporter [Last Updated On: May 2nd, 2023] [Originally Added On: August 13th, 2022]
- Sunday, 1st June 1913 Conleys Story Cinches Case Against Frank, Says Lanford [Last Updated On: May 11th, 2023] [Originally Added On: August 11th, 2022]
- Sunday, 1st June 1913 Dorseys Grill Fails to Make Conley Admit Hand in Killing [Last Updated On: May 11th, 2023] [Originally Added On: August 12th, 2022]
- Sunday, 1st June 1913 Today is Mary Phagans Birthday; Mother Tells of Party She Planned [Last Updated On: May 11th, 2023] [Originally Added On: August 10th, 2022]
- Monday, 2nd June 1913 5 to Testify Frank Was at Home at Hour Negro Says He Aided [Last Updated On: May 11th, 2023] [Originally Added On: August 8th, 2022]
- Monday, 2nd June 1913 Beavers to Talk Over the Felder Row With Dorsey [Last Updated On: May 11th, 2023] [Originally Added On: August 7th, 2022]
- Monday, 2nd June 1913 Negro Cook at Home Where Frank Lived Held by the Police [Last Updated On: May 11th, 2023] [Originally Added On: August 6th, 2022]
- Tuesday, 3rd June 1913 Bitter Fight Certain in Trial of Frank [Last Updated On: May 11th, 2023] [Originally Added On: August 4th, 2022]
- Tuesday, 3rd June 1913 Felder Says He Will Lay Bare Startling Police Graft Plans [Last Updated On: May 11th, 2023] [Originally Added On: August 5th, 2022]
- Wednesday, 4th June 1913 Cooks Sensational Affidavit [Last Updated On: May 11th, 2023] [Originally Added On: August 3rd, 2022]
- Wednesday, 4th June 1913 Fain Named in Vice Quiz as Resort Visitor [Last Updated On: May 11th, 2023] [Originally Added On: August 2nd, 2022]
- Wednesday, 4th June 1913 Franks Cook Was Counted Upon as Defense Witness [Last Updated On: May 11th, 2023] [Originally Added On: August 1st, 2022]
- Thursday, 5th June 1913 Challenges Felder to Prove His Charge [Last Updated On: May 11th, 2023] [Originally Added On: July 31st, 2022]
- Thursday, 5th June 1913 Cook Repudiates Entire Affidavit Police Possess [Last Updated On: May 11th, 2023] [Originally Added On: July 27th, 2022]
- Thursday, 5th June 1913 I Know My Husband is Innocent, Asserts Wife of Leo M. Frank [Last Updated On: May 11th, 2023] [Originally Added On: July 29th, 2022]
- Thursday, 5th June 1913 Mother Here to Aid Frank in Trial [Last Updated On: May 11th, 2023] [Originally Added On: July 30th, 2022]
- Thursday, 5th June 1913 New Conley Confession Reported to Jury [Last Updated On: May 13th, 2023] [Originally Added On: July 28th, 2022]
- Friday, 6th June 1913 Chief Says Law Balks His War on Vice [Last Updated On: May 13th, 2023] [Originally Added On: July 26th, 2022]
- Friday, 6th June 1913 Report Negro Found Who Saw Phagan Attack [Last Updated On: May 13th, 2023] [Originally Added On: July 25th, 2022]
- Saturday, 7th June 1913 Defense Bends Efforts to Prove Conley Slayer [Last Updated On: May 13th, 2023] [Originally Added On: July 22nd, 2022]
- Saturday, 7th June 1913 Defense Digs Deep to Show Conley is Phagan Girl Slayer [Last Updated On: May 13th, 2023] [Originally Added On: July 24th, 2022]
- Saturday, 7th June 1913 Mrs. Frank Attacks Solicitor H. M. Dorsey in a New Statement [Last Updated On: May 13th, 2023] [Originally Added On: July 23rd, 2022]
- Sunday, 8th June 1913 Fair Play Alone Can Find Truth in Phagan Puzzle, Declares Old Reporter [Last Updated On: May 13th, 2023] [Originally Added On: July 21st, 2022]
- Monday, 9th June 1913 Foreman Tells Why He Holds Conley Guilty [Last Updated On: May 13th, 2023] [Originally Added On: July 20th, 2022]
- Monday, 9th June 1913 Rosser Asks Grand Jury Grill for Conley [Last Updated On: May 13th, 2023] [Originally Added On: July 17th, 2022]
- Tuesday, 10th June 1913 Eyewitness to Phagan Slaying Sought [Last Updated On: May 13th, 2023] [Originally Added On: July 19th, 2022]
- Tuesday, 10th June 1913 Indictment of Felder and Fain Asked [Last Updated On: May 13th, 2023] [Originally Added On: July 18th, 2022]
- Wednesday, 11th June 1913 Asks Beavers to Investigate Affidavit [Last Updated On: May 13th, 2023] [Originally Added On: July 14th, 2022]
- Wednesday, 11th June 1913 Felder Returns Phagan Fund to Givers [Last Updated On: May 13th, 2023] [Originally Added On: July 16th, 2022]
- Wednesday, 11th June 1913 Plot Exposed, Says Felder, But Lanford Doubts Affidavit [Last Updated On: May 13th, 2023] [Originally Added On: July 13th, 2022]
- Wednesday, 11th June 1913 Police Hold Conley By Courts Order [Last Updated On: May 13th, 2023] [Originally Added On: July 15th, 2022]
- Thursday, 12th June 1913 Face Conley and Frank, Lanford Urges [Last Updated On: May 13th, 2023] [Originally Added On: July 12th, 2022]
- Friday, 13th June 1913 Judge Roan to Decide Conleys Jail Fate [Last Updated On: May 13th, 2023] [Originally Added On: July 9th, 2022]
- Friday, 13th June 1913 Negro Freed But Jailed Again On Suspicion [Last Updated On: May 13th, 2023] [Originally Added On: July 11th, 2022]
- Saturday, 14th June 1913 Sheriff Mangum Near End, Says Lawyer Smith [Last Updated On: May 13th, 2023] [Originally Added On: July 10th, 2022]
- Saturday, 14th June 1913 State Takes Advantage of Points Known [Last Updated On: May 13th, 2023] [Originally Added On: July 8th, 2022]
- Monday, 16th June 1913 Colyar Returns Promising Sensation [Last Updated On: May 13th, 2023] [Originally Added On: July 5th, 2022]
- Monday, 16th June 1913 Dorsey Aide Says Frank Is Fast In Net [Last Updated On: May 13th, 2023] [Originally Added On: July 6th, 2022]
- Tuesday, 17th June 1913 Sensations in Phagan Case at Hand [Last Updated On: May 13th, 2023] [Originally Added On: July 4th, 2022]
- Wednesday, 18th June 1913 Rush Plans for Trial of Leo Frank [Last Updated On: May 13th, 2023] [Originally Added On: July 7th, 2022]
- Thursday, 19th June 1913 Blow Aimed at Formby Story [Last Updated On: May 13th, 2023] [Originally Added On: July 3rd, 2022]
- Friday, 20th June 1913 Frank Trial Will Not Be Long One [Last Updated On: May 13th, 2023] [Originally Added On: July 2nd, 2022]
- Saturday, 21st June 1913 Justice Aim in Phagan Case, Says Hooper [Last Updated On: May 13th, 2023] [Originally Added On: July 1st, 2022]
- Sunday, 22nd June 1913 Arnold to Aid Frank [Last Updated On: May 13th, 2023] [Originally Added On: June 30th, 2022]
- Sunday, 22nd June 1913 Jurors, Not Newspapers, To Return Frank Verdict, Declares Old Reporter [Last Updated On: May 13th, 2023] [Originally Added On: June 29th, 2022]
- Monday, 23rd June 1913 State Ready for Frank Trial on June 30 [Last Updated On: May 13th, 2023] [Originally Added On: June 28th, 2022]
- Monday, 23rd June 1913 Venire of 72 for Frank Jury Is Drawn [Last Updated On: May 13th, 2023] [Originally Added On: June 27th, 2022]
- Tuesday, 24th June 1913 Both Sides Called in Conference by Judge; Trial Set for July 28 [Last Updated On: May 13th, 2023] [Originally Added On: June 26th, 2022]
- Wednesday, 25th June 1913 Conley, Put on Grill, Sticks Story [Last Updated On: May 13th, 2023] [Originally Added On: June 25th, 2022]
- Thursday, 26th June 1913 Stover Girl Will Star in Frank Trial [Last Updated On: May 13th, 2023] [Originally Added On: June 24th, 2022]
- Friday, 27th June 1913 Lanford and Felder Are Held for Libel [Last Updated On: May 13th, 2023] [Originally Added On: June 23rd, 2022]
- Friday, 27th June 1913 New Frank Evidence Held by Dorsey [Last Updated On: May 13th, 2023] [Originally Added On: June 22nd, 2022]
- Saturday, 28th June 1913 Gov. Slaton Takes Oath Simply [Last Updated On: May 13th, 2023] [Originally Added On: June 20th, 2022]
- Saturday, 28th June 1913 State Secures New Phagan Evidence [Last Updated On: May 13th, 2023] [Originally Added On: June 21st, 2022]
- Sunday, 29th June 1913 Brilliant Legal Battle Is Sure as Hooper And Arnold Clash in Trial of Leo Frank [Last Updated On: May 13th, 2023] [Originally Added On: June 18th, 2022]
- Sunday, 29th June 1913 Many Experts to Take Stand in Frank Trial [Last Updated On: May 13th, 2023] [Originally Added On: June 19th, 2022]
- Monday, 30th June 1913 Conley Tale Is Hope of Defense [Last Updated On: May 18th, 2023] [Originally Added On: June 17th, 2022]
- Tuesday, 1st July 1913 Colyar Indicted as Libeler of Col. Felder [Last Updated On: May 18th, 2023] [Originally Added On: June 13th, 2022]
- Tuesday, 1st July 1913 Colyar Not Indicted On Charge of Libel [Last Updated On: May 18th, 2023] [Originally Added On: June 15th, 2022]
- Tuesday, 1st July 1913 Frank Is Willing for State to Grill Him [Last Updated On: May 18th, 2023] [Originally Added On: June 12th, 2022]
- Tuesday, 1st July 1913 May Indict Conley as Slayer [Last Updated On: May 18th, 2023] [Originally Added On: June 16th, 2022]
- Tuesday, 1st July 1913 May Indict Conley in Phagan Case [Last Updated On: May 18th, 2023] [Originally Added On: June 14th, 2022]
- Tuesday, 1st July 1913 “No” Bill Is Returned Against A. S. Colyar [Last Updated On: May 20th, 2023] [Originally Added On: June 11th, 2022]
- Wednesday, 2nd July 1913 Findings in Probe are Guarded [Last Updated On: May 20th, 2023] [Originally Added On: June 10th, 2022]
- Thursday, 3rd July 1913 Attempt by Colyar To Disbar Felder Is Halted; Tries Again [Last Updated On: May 20th, 2023] [Originally Added On: June 9th, 2022]
- Thursday, 3rd July 1913 Writ Sought In Move to Free Negro Lee [Last Updated On: May 20th, 2023] [Originally Added On: June 8th, 2022]
- Friday, 4th July 1913 New Testimony Lays Crime to Conley [Last Updated On: May 20th, 2023] [Originally Added On: June 7th, 2022]
- Saturday, 5th July 1913 Application for Lee’s Release Delayed [Last Updated On: May 20th, 2023] [Originally Added On: June 5th, 2022]
- Saturday, 5th July 1913 Drop Ninth in Police Scandal [Last Updated On: May 20th, 2023] [Originally Added On: June 6th, 2022]
- Saturday, 5th July 1913 Liberty for Newt Lee Sought [Last Updated On: May 20th, 2023] [Originally Added On: June 3rd, 2022]
- Saturday, 5th July 1913 Unbiased in the Flanders Case, Says Slaton [Last Updated On: May 20th, 2023] [Originally Added On: June 4th, 2022]
- Sunday, 6th July 1913 Application to Release Lee is Ready to File [Last Updated On: May 20th, 2023] [Originally Added On: June 1st, 2022]
- Sunday, 6th July 1913 New Move in Phagan Case by Solicitor [Last Updated On: May 20th, 2023] [Originally Added On: May 31st, 2022]
- Sunday, 6th July 1913 Phagan Case Centers on Conley; Negro Lone Hope of Both Sides [Last Updated On: May 20th, 2023] [Originally Added On: June 2nd, 2022]
- Monday, 7th July 1913 Lee’s Attorney is Ready for Writ Fight [Last Updated On: May 20th, 2023] [Originally Added On: May 30th, 2022]
- Monday, 7th July 1913 Operations of Slavers in Hotels Bared [Last Updated On: May 20th, 2023] [Originally Added On: May 29th, 2022]
- Tuesday, 8th July 1913 Attitude of Defense Secret [Last Updated On: May 20th, 2023] [Originally Added On: May 24th, 2022]
- Tuesday, 8th July 1913 Girl Tells of Life in Slavers’ Hands [Last Updated On: May 20th, 2023] [Originally Added On: May 23rd, 2022]
- Tuesday, 8th July 1913 Grants Right to Demand Lee’s Freedom [Last Updated On: May 20th, 2023] [Originally Added On: May 27th, 2022]
- Tuesday, 8th July 1913 Police Hunt Principals in Expose [Last Updated On: May 20th, 2023] [Originally Added On: May 28th, 2022]
- Tuesday, 8th July 1913 Refused by Brown, Mangham Now Asks Slaton for Pardon [Last Updated On: May 20th, 2023] [Originally Added On: May 25th, 2022]
- Tuesday, 8th July 1913 State Sure Lee Will Not Be Released [Last Updated On: May 20th, 2023] [Originally Added On: May 26th, 2022]
- Wednesday, 9th July 1913 Girl Springs Sensation in Phagan Case [Last Updated On: May 20th, 2023] [Originally Added On: May 22nd, 2022]
- Wednesday, 9th July 1913 New Evidence in Phagan Case Found [Last Updated On: May 20th, 2023] [Originally Added On: May 21st, 2022]
- Wednesday, 9th July 1913 Sensations in Story of Girl Victim [Last Updated On: May 20th, 2023] [Originally Added On: May 20th, 2022]
- Thursday, 10th July 1913 Beavers in Speech Warns Policemen to Keep Out of Dives [Last Updated On: May 20th, 2023] [Originally Added On: May 17th, 2022]
- Thursday, 10th July 1913 Beavers’ War on Vice is Lauded by Women [Last Updated On: May 20th, 2023] [Originally Added On: May 16th, 2022]
- Thursday, 10th July 1913 Chief Expects Arrests in Vice Probe [Last Updated On: May 20th, 2023] [Originally Added On: May 19th, 2022]
- Thursday, 10th July 1913 Says Conley Confessed Slaying [Last Updated On: May 20th, 2023] [Originally Added On: May 18th, 2022]
- Friday, 11th July 1913 Girl Tells Police Startling Story of Vice Ring [Last Updated On: May 20th, 2023] [Originally Added On: May 14th, 2022]
- Friday, 11th July 1913 Mincey’s Story Jolts Police to Activity [Last Updated On: May 20th, 2023] [Originally Added On: May 13th, 2022]
- Friday, 11th July 1913 Slaying Charge for Conley Is Expected [Last Updated On: May 20th, 2023] [Originally Added On: May 15th, 2022]
- Saturday, 12th July 1913 Conley Kept on Grill 4 Hours [Last Updated On: May 20th, 2023] [Originally Added On: May 8th, 2022]
- Saturday, 12th July 1913 Dragnet for ‘Slavers’ Is Set [Last Updated On: May 20th, 2023] [Originally Added On: May 9th, 2022]
- Saturday, 12th July 1913 Five Caught in Beavers’ Vice Net [Last Updated On: May 20th, 2023] [Originally Added On: May 10th, 2022]
- Saturday, 12th July 1913 Parents Are Blamed for ‘Slavery’ [Last Updated On: May 20th, 2023] [Originally Added On: May 11th, 2022]
- Saturday, 12th July 1913 Says Women Heard Conley Confession [Last Updated On: May 20th, 2023] [Originally Added On: May 12th, 2022]
- Sunday, 13th July 1913 Affidavits to Back Mincey Story Found [Last Updated On: May 20th, 2023] [Originally Added On: May 7th, 2022]
- Sunday, 13th July 1913 Indictment of Conley Puzzle for Grand Jury [Last Updated On: May 20th, 2023] [Originally Added On: May 5th, 2022]
- Sunday, 13th July 1913 Seek Negro Who Says He Was Eye-Witness to Phagan Murder [Last Updated On: May 20th, 2023] [Originally Added On: May 6th, 2022]
- Monday, 14th July 1913 Girl Bares New Vice System [Last Updated On: May 20th, 2023] [Originally Added On: May 2nd, 2022]
- Monday, 14th July 1913 Mincey’s Own Story [Last Updated On: May 20th, 2023] [Originally Added On: May 1st, 2022]
- Monday, 14th July 1913 Prosecution Attacks Mincey’s Affidavit [Last Updated On: May 20th, 2023] [Originally Added On: May 4th, 2022]
- Monday, 14th July 1913 Vice Pickets Posted at Hotels [Last Updated On: May 20th, 2023] [Originally Added On: May 3rd, 2022]
- Tuesday, 15th July 1913 Holloway Corroborates Mincey’s Affidavit [Last Updated On: May 20th, 2023] [Originally Added On: April 28th, 2022]
- Tuesday, 15th July 1913 Police Close 2 Rooming Houses [Last Updated On: May 20th, 2023] [Originally Added On: April 30th, 2022]
- Tuesday, 15th July 1913 White Men Fined in War on Negro Dives [Last Updated On: May 20th, 2023] [Originally Added On: April 29th, 2022]
- Tuesday, 15th July 1913 Woodward Aids Chief in Vice Crusade [Last Updated On: May 20th, 2023] [Originally Added On: April 27th, 2022]
- Wednesday, 16th July 1913 Dorsey Adds Startling Evidence [Last Updated On: May 20th, 2023] [Originally Added On: April 26th, 2022]
- Wednesday, 16th July 1913 State to Fight Move to Indict Jim Conley [Last Updated On: May 20th, 2023] [Originally Added On: April 25th, 2022]
- Thursday, 17th July 1913 Dorsey Blocked Indictment of Conley [Last Updated On: May 20th, 2023] [Originally Added On: April 24th, 2022]
- Thursday, 17th July 1913 Mayor and Broyles in War of Words [Last Updated On: May 20th, 2023] [Originally Added On: April 23rd, 2022]
- Thursday, 17th July 1913 Mayor Asked to Probe Action of Police [Last Updated On: May 20th, 2023] [Originally Added On: April 21st, 2022]
- Thursday, 17th July 1913 Woodward Enemy to Society, Says Recorder Broyles [Last Updated On: May 20th, 2023] [Originally Added On: April 20th, 2022]
- Thursday, 17th July 1913 Youth Accused in Vice Ring on Trial [Last Updated On: May 20th, 2023] [Originally Added On: April 22nd, 2022]
- Friday, 18th July 1913 Detectives Working to Discredit Mincey [Last Updated On: May 20th, 2023] [Originally Added On: April 19th, 2022]
- Friday, 18th July 1913 Woodward-Broyles Breach Widens [Last Updated On: May 20th, 2023] [Originally Added On: April 18th, 2022]
- Saturday, 19th July 1913 Dorsey Resists Move to Indict Jim Conley [Last Updated On: May 20th, 2023] [Originally Added On: April 17th, 2022]
- Saturday, 19th July 1913 Natural Crank, Mayor’s Shot at Broyles [Last Updated On: May 20th, 2023] [Originally Added On: April 16th, 2022]
- Sunday, 20th July 1913 Attorney for Conley Makes a Statement [Last Updated On: May 20th, 2023] [Originally Added On: April 12th, 2022]
- Sunday, 20th July 1913 Counsel of Frank Says Dorsey Has Sought to Hide Facts [Last Updated On: May 20th, 2023] [Originally Added On: April 15th, 2022]
- Sunday, 20th July 1913 Dorsey Fights Movement to Indict Conley [Last Updated On: May 20th, 2023] [Originally Added On: April 11th, 2022]
- Sunday, 20th July 1913 Mincey Ready to Tell Story to Grand Jury [Last Updated On: May 20th, 2023] [Originally Added On: April 13th, 2022]
- Sunday, 20th July 1913 Mincey Story Declared Vital To Both Sides in Frank Case [Last Updated On: May 20th, 2023] [Originally Added On: April 14th, 2022]
- Monday, 21st July 1913 Doctor And Girl Are Taken On Vice Charge [Last Updated On: May 20th, 2023] [Originally Added On: April 8th, 2022]
- Monday, 21st July 1913 Four Women Caught In Vice Net Escape From Martha Home [Last Updated On: May 20th, 2023] [Originally Added On: April 10th, 2022]
- Monday, 21st July 1913 Grand Jury Meets to Consider Conley Case [Last Updated On: May 20th, 2023] [Originally Added On: April 7th, 2022]
- Monday, 21st July 1913 Protest of Solicitor Dorsey Wins [Last Updated On: May 20th, 2023] [Originally Added On: April 9th, 2022]
- Tuesday, 22nd July 1913 Defense Asks Ruling on Delaying Frank Trial [Last Updated On: May 20th, 2023] [Originally Added On: April 6th, 2022]
- Tuesday, 22nd July 1913 Grand Jury Defers Action on Conley [Last Updated On: May 20th, 2023] [Originally Added On: April 5th, 2022]
- Tuesday, 22nd July 1913 Story of Phagan Case by Chapters [Last Updated On: May 20th, 2023] [Originally Added On: April 4th, 2022]
- Wednesday, 23rd July 1913 Conley is Confronted with Lee Dorsey Grills Negroes in Same Cell at Jail [Last Updated On: May 20th, 2023] [Originally Added On: April 3rd, 2022]
- Wednesday, 23rd July 1913 Lanford Ridicules Bludgeon Evidence [Last Updated On: May 20th, 2023] [Originally Added On: April 1st, 2022]
- Wednesday, 23rd July 1913 Second Chapter in Phagan Mystery [Last Updated On: May 20th, 2023] [Originally Added On: April 2nd, 2022]
- Thursday, 24th July 1913 Frank Trial Delay up to Roan [Last Updated On: May 20th, 2023] [Originally Added On: March 28th, 2022]
- Thursday, 24th July 1913 Let the Frank Trial Go On [Last Updated On: May 20th, 2023] [Originally Added On: March 31st, 2022]
- Thursday, 24th July 1913 Third Chapter in Phagan Mystery [Last Updated On: June 5th, 2023] [Originally Added On: March 29th, 2022]
- Thursday, 24th July 1913 Veneir is Drawn to Try Leo M. Frank Monday [Last Updated On: September 3rd, 2023] [Originally Added On: March 30th, 2022]
- Friday, 25th July 1913 Witnesses for Frank Called [Last Updated On: June 5th, 2023] [Originally Added On: March 27th, 2022]
- Saturday, 26th July 1913 Chapter 5 in Phagan Case [Last Updated On: June 5th, 2023] [Originally Added On: March 24th, 2022]
- Saturday, 26th July 1913 Pinkerton Chief Scored by Lanford [Last Updated On: June 5th, 2023] [Originally Added On: March 26th, 2022]
- Saturday, 26th July 1913 Present New Evidence Against Frank [Last Updated On: June 5th, 2023] [Originally Added On: March 25th, 2022]
- Sunday, 27th July 1913 Brewster Denies Aiding Dorsey in Phagan Case [Last Updated On: June 5th, 2023] [Originally Added On: March 12th, 2022]
- Sunday, 27th July 1913 Defense Claims Conley and Lee Prepared Notes [Last Updated On: June 5th, 2023] [Originally Added On: March 18th, 2022]
- Sunday, 27th July 1913 Every Bit of Evidence Against Frank Sifted and Tested, Declares Solicitor [Last Updated On: June 5th, 2023] [Originally Added On: March 19th, 2022]
- Sunday, 27th July 1913 Frank Fights for Life Monday [Last Updated On: June 5th, 2023] [Originally Added On: March 22nd, 2022]
- Sunday, 27th July 1913 Frank Watches Closely as the Men Who are to Decide Fate are Picked [Last Updated On: June 5th, 2023] [Originally Added On: March 13th, 2022]
- Sunday, 27th July 1913 Phagan Case of Peculiar And Enthralling Interest [Last Updated On: June 5th, 2023] [Originally Added On: March 16th, 2022]
- Sunday, 27th July 1913 Pinkerton Men Brand Lanford Charges False [Last Updated On: June 5th, 2023] [Originally Added On: March 23rd, 2022]
- Sunday, 27th July 1913 Prominent Atlantans Named On Frank Trial Jury Venire [Last Updated On: June 5th, 2023] [Originally Added On: March 20th, 2022]
- Sunday, 27th July 1913 Public Demands Frank Trial To-morrow [Last Updated On: June 5th, 2023] [Originally Added On: March 17th, 2022]
- Sunday, 27th July 1913 State Bolsters Conley [Last Updated On: June 5th, 2023] [Originally Added On: March 21st, 2022]
- Sunday, 27th July 1913 Trial to Surpass in Interest Any in Fulton County History [Last Updated On: June 5th, 2023] [Originally Added On: March 15th, 2022]
- Sunday, 27th July 1913 Venire Whipped Into Shape Rapidly; Negro Is Eligible [Last Updated On: June 5th, 2023] [Originally Added On: March 11th, 2022]
- Sunday, 27th July 1913 Work of Choosing Jury for Trial of Frank Difficult [Last Updated On: June 5th, 2023] [Originally Added On: March 14th, 2022]
- Monday, 28th July 1913 Frank, Feeling Tiptop, Smiling and Confident, is Up Long Before Trial [Last Updated On: June 5th, 2023] [Originally Added On: March 9th, 2022]
- Monday, 28th July 1913 Frank Jury [Last Updated On: June 5th, 2023] [Originally Added On: March 7th, 2022]
- Monday, 28th July 1913 Jury Complete to Try Frank [Last Updated On: June 5th, 2023] [Originally Added On: March 10th, 2022]
- Monday, 28th July 1913 Mary Phagan’s Mother Testifies [Last Updated On: June 5th, 2023] [Originally Added On: March 8th, 2022]
- Tuesday, 29th July 1913 After Rosser’s Fierce Grilling All Negro, Newt Lee, Asked for Was Chew or Bacca-AnyKind [Last Updated On: June 5th, 2023] [Originally Added On: March 3rd, 2022]
- Tuesday, 29th July 1913 Defense Wins Point After Fierce Lawyers’ Clash [Last Updated On: June 5th, 2023] [Originally Added On: March 6th, 2022]
- Tuesday, 29th July 1913 Lee’s Quaint Answers Rob Leo Frank’s Trial of All Signs of Rancor [Last Updated On: June 5th, 2023] [Originally Added On: March 5th, 2022]
- Tuesday, 29th July 1913 Tragedy, Ages Old, Lurks in Commonplace Court Setting [Last Updated On: June 5th, 2023] [Originally Added On: March 4th, 2022]
- Wednesday, 30th July 1913 Defense Plans Sensation, Line of Queries Indicates [Last Updated On: June 5th, 2023] [Originally Added On: February 26th, 2022]
- Wednesday, 30th July 1913 Flashes of Tragedy Pierce Legal Tilts at Frank Trial [Last Updated On: June 5th, 2023] [Originally Added On: February 28th, 2022]
- Wednesday, 30th July 1913 Frank’s Mother Pitiful Figure of the Trial [Last Updated On: June 5th, 2023] [Originally Added On: February 27th, 2022]
- Wednesday, 30th July 1913 Gantt Has Startling Evidence; Dorsey Promises New Testimony Against Frank [Last Updated On: June 5th, 2023] [Originally Added On: March 2nd, 2022]
- Wednesday, 30th July 1913 Rosser’s Examination of Lee Just a Shot in Dark; Hoped to Start Quarry [Last Updated On: June 5th, 2023] [Originally Added On: March 1st, 2022]
- Thursday, 31st July 1913 Collapse of Testimony of Black and Hix Girl’s Story Big Aid to Frank [Last Updated On: June 5th, 2023] [Originally Added On: February 24th, 2022]
- Thursday, 31st July 1913 Crimson Trail Leads Crowd to Courtroom Sidewalk [Last Updated On: June 5th, 2023] [Originally Added On: February 22nd, 2022]
- Thursday, 31st July 1913 Holloway Accused by Solicitor Dorsey of Entrapping State [Last Updated On: June 5th, 2023] [Originally Added On: February 21st, 2022]
- Thursday, 31st July 1913 Red Bandanna, a Jackknife and Plennie Minor Preserve Order [Last Updated On: June 5th, 2023] [Originally Added On: February 20th, 2022]
- Thursday, 31st July 1913 Scott Trapped Us, Dorsey Charges; Pinkerton Man Is Also Attacked by the Defense [Last Updated On: June 5th, 2023] [Originally Added On: February 25th, 2022]
- Thursday, 31st July 1913 State Balloon Soars When Dorsey, Roiled, Cries ‘Plant’ [Last Updated On: June 5th, 2023] [Originally Added On: February 23rd, 2022]
- Friday, 1st August 1913 Conley Takes Stand Saturday [Last Updated On: June 5th, 2023] [Originally Added On: February 19th, 2022]
- Friday, 1st August 1913 Defense Not Helped by Witnesses Accused of Entrapping the State [Last Updated On: June 5th, 2023] [Originally Added On: February 17th, 2022]
- Friday, 1st August 1913 Dorsey Unafraid as He Faces Champions of the Atlanta Bar [Last Updated On: June 14th, 2023] [Originally Added On: February 16th, 2022]
- Friday, 1st August 1913 Girl Slain After Frank Left Factory, Believed to be Defense Theory [Last Updated On: June 14th, 2023] [Originally Added On: February 15th, 2022]
- Friday, 1st August 1913 Sherlocks, Lupins and Lecoqs See Frank Trial [Last Updated On: June 14th, 2023] [Originally Added On: February 18th, 2022]
- Saturday, 2nd August 1913 Defense Threatens a Mistrial [Last Updated On: June 14th, 2023] [Originally Added On: February 14th, 2022]
- Saturday, 2nd August 1913 Frank Juror’s Life One Grand, Sweet SongNot [Last Updated On: June 14th, 2023] [Originally Added On: February 10th, 2022]
- Saturday, 2nd August 1913 Roan Holding Scales of Justice With Steady Hand [Last Updated On: June 14th, 2023] [Originally Added On: February 11th, 2022]
- Saturday, 2nd August 1913 State Hopes Dr. Harris Fixed Fact That Frank Had Chance to Kill Girl [Last Updated On: June 14th, 2023] [Originally Added On: February 12th, 2022]
- Saturday, 2nd August 1913 Will 5 Ounces of Cabbage Help Convict Leo M. Frank? [Last Updated On: June 14th, 2023] [Originally Added On: February 13th, 2022]
- Sunday, 3rd August 1913 Conley to Bring Frank Case Crisis [Last Updated On: June 14th, 2023] [Originally Added On: February 8th, 2022]
- Sunday, 3rd August 1913 First Week of Frank Trial Ends With Both Sides Sure of Victory [Last Updated On: June 14th, 2023] [Originally Added On: February 9th, 2022]
- Sunday, 3rd August 1913 Leo Frank’s Eyes Show Intense Interest in Every Phase of Case [Last Updated On: June 14th, 2023] [Originally Added On: February 7th, 2022]
- Monday, 4th August 1913 Boiled Cabbage Brings Hypothetical Question Stage in Frank’s Trial [Last Updated On: June 14th, 2023] [Originally Added On: February 3rd, 2022]
- Monday, 4th August 1913 Conley’s Story In Detail; Women Barred By Judge [Last Updated On: June 14th, 2023] [Originally Added On: February 5th, 2022]
- Monday, 4th August 1913 Dorsey Tries to Prove Frank Had Chance to Kill Girl [Last Updated On: June 15th, 2023] [Originally Added On: January 28th, 2022]
- Monday, 4th August 1913 Dramatic Moment of Trial Comes as Negro Takes Stand [Last Updated On: June 15th, 2023] [Originally Added On: January 29th, 2022]
- Monday, 4th August 1913 Envy Not the Juror! His Lot, Mostly, Is Monotony [Last Updated On: June 15th, 2023] [Originally Added On: February 2nd, 2022]
- Monday, 4th August 1913 Frank Calm and Jurors Tense While Jim Conley Tells His Ghastly Tale [Last Updated On: September 3rd, 2023] [Originally Added On: January 30th, 2022]
- Monday, 4th August 1913 Frank Witness Nearly Killed By a Mad Dog [Last Updated On: June 15th, 2023] [Originally Added On: February 1st, 2022]
- Monday, 4th August 1913 Jim Conley’s Story as Matter of Fact as if it Were of His Day’s Work [Last Updated On: June 15th, 2023] [Originally Added On: February 4th, 2022]
- Monday, 4th August 1913 Jurors Strain Forward to Catch Conley Story; Frank’s Interest Mild [Last Updated On: June 15th, 2023] [Originally Added On: January 31st, 2022]
- Monday, 4th August 1913 Ordeal is Borne with Reserve by Franks [Last Updated On: June 15th, 2023] [Originally Added On: January 27th, 2022]
- Monday, 4th August 1913 Rosser’s Grilling of Negro Leads to Hot Clashes by Lawyers [Last Updated On: June 15th, 2023] [Originally Added On: February 6th, 2022]
- Tuesday, 5th August 1913 Conleys Charge Turns Frank Trial Into Fight To Worse Than Death [Last Updated On: June 15th, 2023] [Originally Added On: January 25th, 2022]
- Tuesday, 5th August 1913 Many Discrepancies To Be Bridged in Conleys Stories [Last Updated On: June 15th, 2023] [Originally Added On: January 23rd, 2022]
- Tuesday, 5th August 1913 Mrs. Frank Breaks Down in Court [Last Updated On: June 15th, 2023] [Originally Added On: January 26th, 2022]
- Tuesday, 5th August 1913 Rosser Goes Fiercely After Jim Conley [Last Updated On: June 15th, 2023] [Originally Added On: January 22nd, 2022]
- Tuesday, 5th August 1913 Traditions of the South Upset; White Mans Life Hangs on Negros Word [Last Updated On: June 15th, 2023] [Originally Added On: January 24th, 2022]
- Wednesday, 6th August 1913 Accuser of Conley is Ready to Testify [Last Updated On: June 15th, 2023] [Originally Added On: January 19th, 2022]
- Wednesday, 6th August 1913 Can Jury Obey if Told to Forget Base Charge? [Last Updated On: June 15th, 2023] [Originally Added On: January 21st, 2022]
- Wednesday, 6th August 1913 Conley Swears Frank Hid Purse [Last Updated On: June 15th, 2023] [Originally Added On: January 20th, 2022]
- Wednesday, 6th August 1913 Crowd Set in Its Opinions [Last Updated On: June 15th, 2023] [Originally Added On: January 18th, 2022]
- Wednesday, 6th August 1913 Dorsey Accomplishes Aim Despite Big Odds [Last Updated On: June 15th, 2023] [Originally Added On: January 17th, 2022]
- Wednesday, 6th August 1913 Judge Will Rule on Evidence Attacked by Defense at 2 P.M. [Last Updated On: June 15th, 2023] [Originally Added On: January 16th, 2022]
- Thursday, 7th August 1913 Jim Conley, the Ebony Chevalier of Crime, is Darktowns Own Hero [Last Updated On: June 15th, 2023] [Originally Added On: January 14th, 2022]
- Thursday, 7th August 1913 Roans Ruling Heavy Blow to Defense [Last Updated On: June 15th, 2023] [Originally Added On: January 12th, 2022]
- Thursday, 7th August 1913 State Ends Case Against Frank [Last Updated On: June 15th, 2023] [Originally Added On: January 15th, 2022]
- Thursday, 7th August 1913 Trial as Varied as Vaudeville Exhibition [Last Updated On: June 15th, 2023] [Originally Added On: January 13th, 2022]
- Thursday, 7th August 1913 Trial Experts Conflict on Time of Girls Death [Last Updated On: June 15th, 2023] [Originally Added On: January 11th, 2022]
- Friday, 8th August 1913 Bits of Circumstantial Evidence, as Viewed by State, Strands in Rope [Last Updated On: June 15th, 2023] [Originally Added On: January 7th, 2022]
- Friday, 8th August 1913 Scott Put Conleys Story in Strange Light [Last Updated On: June 15th, 2023] [Originally Added On: January 8th, 2022]
- Friday, 8th August 1913 State, Tied by Conleys Story, Now Must Stand Still Under Hot Fire [Last Updated On: June 18th, 2023] [Originally Added On: January 9th, 2022]
- Friday, 8th August 1913 Witnesses Attack Conley Story [Last Updated On: June 18th, 2023] [Originally Added On: January 10th, 2022]
- Saturday, 9th August 1913 Absence of Alienists and the Hypothetical Question Distinguishes Frank Trial [Last Updated On: June 18th, 2023] [Originally Added On: January 5th, 2022]
- Saturday, 9th August 1913 Confusion of Holloway Spoils Close of Good Day for the Defense [Last Updated On: June 18th, 2023] [Originally Added On: January 3rd, 2022]
- Saturday, 9th August 1913 Daltons Testimony False, Girl Named on Stand Says [Last Updated On: June 18th, 2023] [Originally Added On: January 6th, 2022]
- Saturday, 9th August 1913 Exposure of Conley Story Time Flaws is Sought by Defense [Last Updated On: June 18th, 2023] [Originally Added On: January 1st, 2022]
- Saturday, 9th August 1913 Heres the Time Clock Puzzle in Frank Trial; Can You Figure It Out? [Last Updated On: June 18th, 2023] [Originally Added On: January 4th, 2022]
- Saturday, 9th August 1913 State Attacks Frank Report [Last Updated On: June 18th, 2023] [Originally Added On: January 2nd, 2022]
- Sunday, 10th August 1913 Case Never is Discussed by Frank Jurors [Last Updated On: June 18th, 2023] [Originally Added On: December 28th, 2021]
- Sunday, 10th August 1913 Conley, Unconcerned, Asks Nothing of Trial [Last Updated On: June 18th, 2023] [Originally Added On: December 27th, 2021]
- Sunday, 10th August 1913 Dalton Sticks Firmly To Story Told on Stand [Last Updated On: June 21st, 2023] [Originally Added On: December 24th, 2021]
- Sunday, 10th August 1913 Frank or Conley? Still Question [Last Updated On: June 21st, 2023] [Originally Added On: December 31st, 2021]
- Sunday, 10th August 1913 Frank Struggles to Prove His Conduct Was Blameless [Last Updated On: June 21st, 2023] [Originally Added On: December 29th, 2021]
- Sunday, 10th August 1913 Interest in Trial Now Centers in Story of Mincey [Last Updated On: June 21st, 2023] [Originally Added On: December 26th, 2021]
- Sunday, 10th August 1913 Mary Phagans Mother to be Spared at Trial [Last Updated On: June 21st, 2023] [Originally Added On: December 23rd, 2021]
- Sunday, 10th August 1913 One Glance at Conley Boosts Darwin Theory [Last Updated On: June 27th, 2023] [Originally Added On: December 22nd, 2021]
- Sunday, 10th August 1913 Phagan Trial Makes Eleven Widows But Jurors Wives Are Peeresses Also [Last Updated On: June 21st, 2023] [Originally Added On: December 25th, 2021]
- Sunday, 10th August 1913 Study of Frank Convicts, Then It Turns and Acquits [Last Updated On: June 21st, 2023] [Originally Added On: December 30th, 2021]
- Monday, 11th August 1913 Defense Bitterly Attacks Harris [Last Updated On: June 21st, 2023] [Originally Added On: December 21st, 2021]
- Monday, 11th August 1913 Deputy Hunting Scalp Of Juror-Ventiloquist [Last Updated On: June 21st, 2023] [Originally Added On: December 20th, 2021]
- Monday, 11th August 1913 Grief-Stricken Mother Shows No Vengefulness [Last Updated On: June 23rd, 2023] [Originally Added On: December 19th, 2021]
- Monday, 11th August 1913 Interest Unabated as Dramatic Frank Trial Enters Third Week [Last Updated On: June 23rd, 2023] [Originally Added On: December 18th, 2021]
- Tuesday, 12th August 1913 Attacks on Dr. Harris Give Defense Good Day [Last Updated On: June 23rd, 2023] [Originally Added On: December 15th, 2021]
- Tuesday, 12th August 1913 Frank Trial Witness is Sure, At Least, of One Thinga Good Ragging [Last Updated On: June 23rd, 2023] [Originally Added On: December 16th, 2021]
- Tuesday, 12th August 1913 Peoples Cry for Justice Is Proof Sentiment Still Lives [Last Updated On: June 23rd, 2023] [Originally Added On: December 14th, 2021]
- Tuesday, 12th August 1913 State Charges Premeditated Crime [Last Updated On: June 23rd, 2023] [Originally Added On: December 17th, 2021]
- Wednesday, 13th August 1913 Both Sides Aim for Justice in the Trial of Frank [Last Updated On: June 23rd, 2023] [Originally Added On: December 12th, 2021]
- Wednesday, 13th August 1913 Franks Mother Stirs Courtroom [Last Updated On: June 23rd, 2023] [Originally Added On: December 13th, 2021]
- Wednesday, 13th August 1913 State Calls More Witnesses; Defense Builds Up an Alibi [Last Updated On: June 23rd, 2023] [Originally Added On: December 11th, 2021]
- Thursday, 14th August 1913 Defense Slips Load by Putting up Character of Leo Frank as Issue [Last Updated On: June 23rd, 2023] [Originally Added On: December 8th, 2021]
- Thursday, 14th August 1913 State Fights Franks Alibi [Last Updated On: June 23rd, 2023] [Originally Added On: December 6th, 2021]
- Thursday, 14th August 1913 State Wants Wife and Mother Excluded [Last Updated On: June 23rd, 2023] [Originally Added On: December 10th, 2021]
- Thursday, 14th August 1913 States Sole Aim is to Convict, Defenses to Clear in Modern Trial [Last Updated On: June 23rd, 2023] [Originally Added On: December 9th, 2021]
- Thursday, 14th August 1913 Steel Workers Enthralled by Leo Frank Trial [Last Updated On: June 23rd, 2023] [Originally Added On: December 7th, 2021]
- Friday, 15th August 1913 Frank Prepares to Take Stand [Last Updated On: July 13th, 2023] [Originally Added On: May 22nd, 2023]
- Friday, 15th August 1913 Testimony of Girls Help to Leo M. Frank [Last Updated On: July 13th, 2023] [Originally Added On: May 20th, 2023]
- Friday, 15th August 1913 What They Say Wont Hurt Leo Frank; State Must Prove Depravity [Last Updated On: July 13th, 2023] [Originally Added On: May 21st, 2023]
- Saturday, 16th August 1913 Girls Testify For and Against Frank [Last Updated On: July 13th, 2023] [Originally Added On: May 19th, 2023]
- Saturday, 16th August 1913 Many Testify to Franks Good Character [Last Updated On: July 13th, 2023] [Originally Added On: May 17th, 2023]
- Saturday, 16th August 1913 Mothers Love Gives Trial Its Great Scene [Last Updated On: July 13th, 2023] [Originally Added On: May 16th, 2023]
- Saturday, 16th August 1913 Statement by Frank Will Be the Climactic Feature of the Trial [Last Updated On: July 13th, 2023] [Originally Added On: May 18th, 2023]
- Sunday, 17th August 1913 Supreme Test Comes As State Trains Guns On Frank's Character [Last Updated On: October 10th, 2023] [Originally Added On: August 11th, 2023]
- Monday, 18th August 1913 Leo Frank Testifies [Last Updated On: February 17th, 2024] [Originally Added On: September 2nd, 2023]
- Tuesday, 19th August 1913 Jim Conley To Be Recalled [Last Updated On: February 17th, 2024] [Originally Added On: September 12th, 2023]
- Wednesday, 20th August 1913 State Closes Frank Case Near Jury Defense Begins Its Sur-rubettual. Hopes To Conclude Quickly [Last Updated On: September 5th, 2023] [Originally Added On: August 29th, 2023]
- Thursday, 21st August 1913 Mass Of Perjuries Charged By Arnold Centers Hot Attack On Conley. Ridicules Prosecution Theory [Last Updated On: September 5th, 2023] [Originally Added On: August 23rd, 2023]
- Friday, 22nd August 1913 Rosser Begins Final Plea [Last Updated On: February 17th, 2024] [Originally Added On: September 2nd, 2023]
- Sunday, 24th August 1913 Dorsey Demands Death Penalty For Frank In Thrilling Closing Plea [Last Updated On: August 31st, 2023] [Originally Added On: August 29th, 2023]
- Tuesday, 26th August 1913 Frank, Guilty On First Ballot [Last Updated On: February 17th, 2024] [Originally Added On: September 12th, 2023]
- Wednesday, 27th August 1913 Fight Begun To Save Frank Motion For New Trial Follows Death Sentence [Last Updated On: February 17th, 2024] [Originally Added On: September 12th, 2023]
- Thursday, 28th August 1913 Reply Made To Frank's Attack [Last Updated On: February 17th, 2024] [Originally Added On: September 17th, 2023]
- Tuesday, 16th September 1913 No Judge To Try Fulton Docket [Last Updated On: April 25th, 2024] [Originally Added On: February 3rd, 2024]
- Wednesday, September 17, 1913, Conley To Fight Felon Charge Bitterly. The Atlanta Georgian. [Last Updated On: April 25th, 2024] [Originally Added On: February 3rd, 2024]
- Wednesday, 17th September 1913 Say Partee Shot In Self-defense [Last Updated On: April 25th, 2024] [Originally Added On: February 17th, 2024]
- Monday, 22nd September 1913 Judge Roan Not To Hear Frank Trial Motion [Last Updated On: April 28th, 2024] [Originally Added On: March 31st, 2024]
- Wednesday, 24th September 1913 Detective Black Not Blamed For Fighting [Last Updated On: April 28th, 2024] [Originally Added On: March 31st, 2024]
- Thursday, 25th September 1913 Recall To Apply To All Big Offices [Last Updated On: April 28th, 2024] [Originally Added On: March 31st, 2024]
- Friday, 26th September 1913 Judge Roan To Hear Arguments Asking Retrial For Frank [Last Updated On: April 28th, 2024] [Originally Added On: February 29th, 2024]
- Sunday, 28th September 1913 Judge Hill May Hear Frank Case [Last Updated On: April 28th, 2024] [Originally Added On: February 29th, 2024]
- Monday, 29th September 1913 Delay On Frank Hearing Seems Unavoidable [Last Updated On: April 28th, 2024] [Originally Added On: February 29th, 2024]
- Tuesday, 30th September 1913 Frank Ready For New Fight Rosser Ready. Roan Will Hear Frank Argument [Last Updated On: April 28th, 2024] [Originally Added On: February 29th, 2024]
- Sunday, 5th October 1913 Indefinite Respite Is Given Frank As Juror Charges Flood [Last Updated On: April 28th, 2024] [Originally Added On: February 29th, 2024]