Sunday, 10th May 1914: Burns To Answer Contempt Charge, The Atlanta Constitution

Following the testimony of Annie Maud Carter, Detective William J. Burns has been ordered to appear before Judge Ben Hill on Tuesday at 10 o'clock. He must show cause as to why he should not be adjudged in contempt of court for sending Carter, a Negro witness, out of the court's jurisdiction. Burns' chief aide, Dan S. Lehon, has also been cited to appear at the same time. This action followed the examination of Carter by Solicitor Dorsey before Judge Hill on Saturday morning. A Rule Nisi was issued against both Burns and Lehon. Burns is currently in New York, while Lehon remains in the city under a $1,000 bond, awaiting his appearance before the grand jury next week regarding bribery and coercion charges in the Frank case.

Carter was brought into court on Saturday morning to explain her country tour immediately after signing a sensational affidavit for the defense, accusing Jim Conley of confessing to Mary Phagan's murder. She told Judge Hill that she had been sent away from Atlanta under the direction of Detectives Burns and Lehon, and on one occasion, she had been given $5 in pocket money. This led to the issuance of the Rule Nisi. Two attorneys, Tillou von Nunes and George Gordon, appeared in court to represent Carter. When asked by the judge who her counsel was, Carter pointed out Nunes. Gordon stated that he had been employed by Isaac Haas to represent her.

Under Judge Hill's examination, Carter described being escorted part of the way by a man known as "White," who took her to New Orleans. There, she met a Negro operative of the Burns agency. She said the trip began from Atlanta to Union City in an automobile with Detective Lehon. She also visited Montgomery and Chicago, where she saw Attorney Herbert Haas in Montgomery, but denied that Haas had given her money there. Carter is being held under a $3,000 bond, which was increased from an original amount of $300 in a case against her pending before her involvement in the famous Frank case.

Judge Hill will not provide a written opinion when he certifies the bill of exceptions to be presented before the Supreme Court in the appeal of Leo Frank's counsel for a new trial. This was confirmed by Judge Hill over the telephone to a reporter for The Constitution. He stated, "I do not want to put myself in the light of advocating an adverse decision from the Supreme Court, and will therefore not write the remarks." Initially, Judge Hill had mentioned that he might add a written opinion on the motion when first requested to certify the exceptions bill. The bill of exceptions will be presented to Judge Hill early this week and will be forwarded to the Supreme Court once it is properly prepared. Judge Hill signed the grounds contained in the retrial motion on Saturday during a conference with defense attorneys.

Detective William J. Burns will not appear before Judge Ben Hill in response to the Rule Nisi issued against him, according to reports from New York, where his wife is critically ill. His principal aide, Dan S. Lehon, will appear in court with counsel to demonstrate that neither he nor Burns were in contempt of court when they sent Annie Maud Carter out of Fulton Court's jurisdiction. Burns has hired Judge Arthur Powell as his counsel. Judge Powell told a reporter for The Constitution that they would present a strong case before Judge Hill, aiming to show that they were not in contempt when they took Carter to New Orleans and other locations.