Tuesday, 26th August 1913: Frank Sentenced To Hang Oct 10, The Atlanta Georgian
The Atlanta Georgian,
Tuesday, 26th August 1913,
PAGE 7.
Condemned Man Protests His Innocence to the Court
FRANK AND HIS WIFE HEAR JURY'S VERDICT
Frank received the news with fortitude and appeared to be more concerned about his wife than himself.
The verdict of the jury was announced to Frank and his wife by Rabbi Marx and Dr. Rosenberg.
ROSSER ASKS FOR NEW TRIAL; PREPARES TO GO TO SUPREME COURT
Still protesting his innocence, Leo M. Frank, college graduate and superintendent of the National Pencil Factory, was Tuesday sentenced "to hang by the neck until dead" on October 10, by Judge L. S. Roan before a small crowd of attorneys, newspapermen and a few friends.
Attorneys, Reuben Arnold and Luther Rosser, who had already branded the trial held for four weeks as a farce in which the jury was influenced by "mob sentiment." Judge Roan fixed October 4 as the date for hearing arguments.
A long and notable legal fight is certain over the effort to save Frank from paying the penalty fixed by the court. The case will be carried to the highest courts if Judge Roan refuses a new trial.
There was the hush of horror as the dreadful "Hanged by the neck until dead, and may God have mercy on your soul," were uttered by the judge. The signs of Franks emotion were few as ever. A few minutes later he was asserting, clearly and calmly his entire innocence.
Frank heard his sentence with but a slight show of nervousness. He stood leaning slightly against the railing in front of the judge's bench looking straight into Judge Roan's eyes. Occasionally he moistened his lips, but otherwise he was calm. His eyes though were bloodshot and his skin more pronouncedly white than ever before.
Judge Roan addressed him:
"The jury which has been trying you for the last several weeks has found you guilty. Have you anything to say why sentence should not be passed on you at this time?"
Frank leaned slightly against the railing and placed one hand behind his back before replying. Then he said in a calm, even voice:
"Your Honor, I say now as I have always said: I am innocent. Further than that, I will state that my case is in the hands of my counsel."
The prisoner's voice was so low that for a moment his hearers were not aware that he had finished a deathly silence reigned. Then Judge Roan spoke:
"Your counsel inform me that they will move for a new trial," he said, addressing Frank, "but in the meantime, it is my sworn duty to pass sentence on you."
"I have tried to give you a fair trial. I may have erred, but I have done my duty as my conscience dictated."
Judge Roan then picked up from his desk the sheet of paper upon which his sentence was written. As he did so, through some slight misunderstanding, the crowd arose to its feet.
"Take your seats; take your seats," said Judge Roan, then read the sentence. In legal form, it was this:
"The State against Leo M. Frank; indictment for murder; Fulton County Superior Court, May Term, 1913. Verdict of guilty. July term, August 25, 1913."
"Whereupon it is considered ordered and adjudged by the court that the defendant, Leo M. Frank, be taken from the bar of this court to the common jail in the County of Fulton, and that he be safely there kept until his final execution in the manner fixed by law:"
"It is further adjudged by the Court that on the tenth day of October, 1913, that the defendant, Leo M. Frank, he executed by the Sheriff of Fulton County in private, witnessed only by the executing officer, a sufficient guard, the relatives of the said defendant and such clergymen and friends as he may desire:"
"Such execution to take place in the common pall of Fulton County, and that said defendant on that day between the hours of 10 o'clock a.m. and 2 o'clock p.m. be by the Sheriff of Fulton County banged by the neck until he shall be dead, and may God have mercy on your soul."
"In open court, this 26th day of August, 1913. L. S. Roan, Judge of the Stone Mountain Circuit, presiding."
"When Judge Roan had finished reading the sentence Frank sank back into a chair between his two friends, Leo Strauss and Julian Boehm. His face had grown a bit paler, but the calm stolidity which characterized his attitude throughout the grim proceeding remained.
Attorney Reuben Arnold, who had defended Frank at the trial, arose and addressed Judge Roan.
"Your honor," he said, "we make a motion for a new trial."
"I will hear the arguments on the motion on October 4," replied Judge Roan.
Luther Rosser, Frank's chief of counsel, as heard to remark, aside when this date was fixed: "Well, that will extend the time of execution then."
At 10:40 o'clock Frank took his place between two deputy sheriffs and was escorted down to an automobile waiting below and whisked off to the jail. At the doorway to the Thrower building another automobile containing Mrs. Leo Frank was waiting. When Frank emerged from the building, he exchanged glanced with his wife, but no words were spoken.
When the machine with the prisoner moved out into the street towards the jail Mrs. Frank's automobile fell in behind and followed.
No Women Hear Sentence Passed.
But a few persons-not more than 30 in all-heard the passing of the sentence. Amongst them there were but two of Frank's friends, Strauss and Boehm. The other witnesses were made up of Sheriff Mangum, half a dozen deputy sheriffs, numerous court attaches and newspapermen. There were no women in the courtroom.
Frank came in before this counsel. Smilingly the nodded to those in the
PAGE 8
JURY THAT CONVICTED FRANK GOING TO LAST DAY IN COURT
DEPUTY MINOR A.H. HENSLEE
F. E. WINBURN
J. T. OSBURN C. J. BOSSHARDT A. L. WISBEY J. F. HIGHDON E.V.L. SMITH M.S. WOODWARD
W. F. MEDCALF M. JOHENNING D. TOWNSEND W. M. JEFFRIES
WIFE, MOTHER EMBRACE
FRANK AFTER SENTENCE
Continued from Page 1.
room. Shortly after he had taken a seat Rosser and Arnold came in and took seats close by Frank.
To Arnold, Frank leaned over and whispered:
"What shall I say?"
"That your case is in the hands of your counsel," replied the attorney.
Sheriff Mangum escorted the judge to his bench and stood during the reading of the sentence with his back to the window near the bench, facing the crowd. He did not look at Frank throughout the proceedings.
At the close of the sentence there was no demonstration of any kind. Quietly the crowd filed out behind Frank and waited until the elevator, descending from the fourth floor with the prisoner and his captors only, returned for them.
Wife and Mother Embrace Prisoner.
The automobile bearing Frank, with the fateful words "sentenced to hang by the neck till dead" still echoing in his ears, arrived back at the grim old Tower at 10:40 o'clock. Frank stepped out between Deputies Burdette and Owens. His face was a bit sallower, hie eyes a little wider open. Otherwise he was the same astoundingly cool prisoner.
The trio walked to the jail door and Frank asked his escorts to wait a moment. A minute later another car drew up and the devoted wife of the convicted slayer alighted, Deputy Scuttles at her side.
Frank's face lighted up. Mrs. Frank smiled-the tragic smile of courage and loyalty-and they were clasped in each other's arms, the young wife showering kisses on the man who had just heard his doom pronounced.
They disappeared into the gloom of the jail corridor, Mrs. Frank's arm around her husband's shoulder-a shielding, motherly embrace that touched the men who walked with averted faces at Frank's side.
A moment more and Frank was in his mother's arms at the cell screened from foreign eyes and words of hopes showered upon him to drown the echo of the terrible pronouncement of a brief while back.
The young woman was dressed in black, relieved only by a white lace collar. She looked composed, but the traces of a night and weeping were in her eyes. The mother was pale and worn. Neither would talk to newspaper men.
Mob Influences Jury, He Says
Emil Selig, the father-in-law of Frank, brought him his breakfast Tuesday morning. The convicted man, if he suffered any shock from the verdict Monday, was said to have recovered entirely from it by the morning. He was as stoical as ever and even while in the shadow of the gallows he expressed himself as just as certain that he ultimately would be exonerated of the terrible crime as he was on the first day he was suspected.
"'My God'. Even the jury is influenced by mob Law," were the words with which he greeted the news of the verdict Monday afternoon.
Frank was with his wife at the Tower when the intelligence came Rabbi Marx, Dr. Rosenberg, the Frank family physician, and a number of their friends were in the office of Sheriff Mangum, Dr. Rosenberg arriving some minutes after the verdict was known at his courthouse.
Rabbi Marx and Dr. Rosenberg went with the news to the accused man and his wife.
"The jury has found you guilty, see," said the physician.
Mrs. Frank screamed and broke into hysterical weeping. It was her husband who calmed her and assured her that everything would be all right in the end.
Within a few minutes he persuaded her to leave the jail in company with Rabbi Marx and Dr. Rosenberg. The traces of the tears were still on her face when she came through the corridor. With the aid of her escort, she avoided the newspaper men and entered the waiting automobile.
Dr. B. Wildauer came down shortly after. "I am as innocent today as I was a year ago," was Frank's comment on the verdict, according to Dr. Wildauer.
The blinds of the Selig home at No. 68 East Georgia avenue, where Frank and his wife lived with her parents, were closed Tuesday morning. Neighbors said that Mr. and Mrs. Selig and their daughter had stayed with relatives overnight.