Author: Historical Librarian


Thursday, 14th January 1915: No Frank Decision Likely Until Feb. 15, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 14th January 1915,PAGE 5, COLUMN 6.It is not expected that a Decision will be handed down by the Supreme Court in the Frank Case until about the middle of February. It was considered possible that the Case might be reached and settled at the present term of the Court, but this has been rendered out of the question now by the absence of Chief Justice Fish, who was compelled to go to Florida with Mrs. Fish on account of her ill health. He will not return to Atlanta until the latter part of the week.Thursday, 14th January

Friday, 15th January 1915: Dorsey Will Not Reply To Latest Frank Brief, The Atlanta Constitution

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The Atlanta Constitution,Friday, 15th January 1915,PAGE 4, COLUMN 1.That Solicitor General Hugh M. Dorsey will not make reply to the latest supplemental Brief filed by Attorneys for Leo M. Frank before the Supreme Court was stated on apparently good Authority Wednesday. Mr. Dorsey, himself, declined to discuss the matter, but it is believed that he holds that the points made in the additional Brief were thoroughly covered by his other Briefs.The action of the Supreme Court is expected to be made known either on February 16 or March 15. The members of the Court are now considering the Case which

Friday, 15th January 1915: Suttles And Lehon Cases Up Next Week, The Atlanta Journal

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The Atlanta Journal,Friday, 15th January 1915,PAGE 18, COLUMN 1.Beginning Monday, a busy week is anticipated in the Superior Court. J. M. Suttles, Deputy Sheriff, indicted on a score of bills charging bond-forging and five bills charging bribery, is on the calendar for trial Wednesday. Monday, the cases of Dan S. Lehon, the Southern Representative of the Burns Detective Agency; Arthur Thurman and C. C. Tedder, each charged with subornation of perjury in obtaining false affidavits for evidence in the Frank Case, are set for trial. These cases have been set before, but the trial of them has never commenced.Friday, 15th

Saturday, 16th January 1915: Record In Frank Case Is Sent To Washington, The Atlanta Journal

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The Atlanta Journal,Saturday, 16th January 1915,PAGE 2, COLUMN 7.Motion to Advance Hearing Will Be Made When Record Is DocketedAttorney Harry A. Alexander, of Leo M. Frank's counsel, Friday afternoon mailed to the Clerk of the United States Supreme Court the certified Record of the Proceedings brought by Frank in the United States District Court here in connection with his Petition for a Writ of Habeas Corpus.After the Receipt of this Record by the Clerk of the Supreme Court, it will have to be printed before it can be entered on the Docket of that Court, and the State cannot make

Saturday, 16th January 1915: Several Months Before Frank Case Will Be Argued, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 16th January 1915,PAGE 5, COLUMN 7.The Leo Frank Case is now formally ready for the United States Courts in Washington. The final step in the Federal District Court of Atlanta was taken yesterday afternoon when Attorneys for the Defense filed with Clerk O. C. Fuller the Petition for an Appeal, which was certified and which was mailed last night to Washington.Attorneys here say it will be at least sixty or ninety days before Arguments will be heard. The Record of the Case has been compiled and is ready for use. No move has yet been made by

Sunday, 17th January 1915: Warren Grice Will Ask Early Hearing On Frank Petition, The Atlanta Constitution

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The Atlanta Constitution,Sunday, 17th January 1915,PAGE 21, COLUMN 2.Attorney General Warren A. Grice is planning to go to Washington during the latter part of this week to plead with the Supreme Court of the United States to advance the Appeal of Leo Frank on the Docket so that it may be heard within the next sixty or ninety days instead of twelve months. Solicitor Dorsey will not go to Washington, it has been announced. He and the Attorney General have been in several Conferences preparing their battle against the Habeas Corpus Appeal, and he will remain on the ground while

Monday, 18th January 1915: Motion To Advance Case Of Frank Now In Order, The Atlanta Journal

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The Atlanta Journal,Monday, 18th January 1915,PAGE 3, COLUMN 1.Appeal Is Docketed and State's Counsel May Be Heard Next MondayThe State of Georgia's motion to advance the Leo M. Frank Habeas Corpus Appeal Case on the Docket of the United States Supreme Court probably will be made before that Court next Monday, January 25. Associated Press dispatches Monday say the Appeal has been docketed and that the State of Georgia may at any time move to have it advanced for an early Hearing; that without such action it will not be reached in the regular course of that Court's Business for

Tuesday, 19th January 1915: Court Formally Stays Leo Frank’s Sentence, The Atlanta Journal

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The Atlanta Journal,Tuesday, 19th January 1915,PAGE 2, COLUMN 3.U. S. Supreme Court Issues Order Today Staying Execution of Factory Boss (By Associated Press.) WASHINGTON, Jan. 19 A formal order staying the execution of Leo M. Frank was issued today by the Supreme Court. Attorneys representing Frank made the formal Application to the Court today, and the Order was issued at once. The granting of the Appeal to the Supreme Court to Frank in his Habeas Corpus Proceedings was regarded as a stay of the Death Sentence, but it is understood that the Court's action today was taken as the result

Tuesday, 19th January 1915: Frank Motion On U.s. Court Docket, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 19th January 1915,PAGE 5, COLUMN 2.The motion of the Leo M. Frank prosecution to advance the Hearing on the Habeas Corpus Appeal to the United States Supreme Court was docketed yesterday, and it is probable that Attorney General Warren Grice will go to Washington next Monday. In event the motion for advancement is granted, the Frank Case should be argued in Washington within the next sixty or ninety days.Tuesday, 19th January 1915: Frank Motion On U.s. Court Docket, The Atlanta Constitution

Wednesday, 20th January 1915: Agree On Motion For Advance Frank Hearing, The Atlanta Journal

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The Atlanta Journal,Wednesday, 20th January 1915,PAGE 1, COLUMN 3.Louis Marshall, of New York, will act both for the state and defense. Following an agreement between Leo M. Frank's attorneys and the attorneys for the state that a joint motion would be made to the United States Supreme Court to have the Frank Habeas Corpus Appeal advanced on the Docket of that Court, it was announced Wednesday that Louis Marshall, of New York, one of Frank's counsel, who is now in Washington, would present the joint motion to advance either on Friday of this week or Monday of next week. In

Wednesday, 20th January 1915: Jim Conley Removed To Tower. And Girl Detective Is The First Person To Obtain An Interview, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 20th January 1915,PAGE 1, COLUMN 1.Asked if he would like to see Frank hang, Negro says, "That's his business and God's, not mine." Will be star witness in trial of Tedder for subornation of perjury. Girl investigator from Grand Rapids pays own expenses here to make probe with ministers present, she quizzes Jim Conley.A frail young woman with deep black eyes and an ambition to solve the Frank Case, who has been a girl of mystery around the courthouse for days, caused Jim Conley to spend one of the most eventful days yesterday since he was arrested

Thursday, 21st January 1915: Case Of Lehon And Tedder Is Postponed, The Atlanta Journal

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The Atlanta Journal,Thursday, 21st January 1915,PAGE 4, COLUMN 3.Hearing Continued to Monday on Account of Morris Brandon's AbsenceMorris Brandon, of the firm of Rosser, Brandon, Slaton & Phillips, Attorneys for Leo M. Frank, will be the Chief Witness Monday at the trial of Dan H. Lehon, C. C. Tedder and Arthur Thurman, indicted for alleged subornation of perjury. At the request of Arthur Powell, one of the Attorneys for the three Defendants, the Case was postponed Thursday by Judge Hill until Monday at noon. The Defendants were in court; Jim Conley, held for the past two days at the Fulton

Thursday, 21st January 1915: Mary Phagan’s Mother Sues Pencil Factory For Daughter’s Death, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 21st January 1915,PAGE 10, COLUMN 3.Mrs. J. W. Coleman, mother of Mary Phagan, has filed suit for $10,000 damages against the National Pencil Factory, naming Leo M. Frank and Jim Conely as the slayers of her daughter. The suit was filed yesterday in Superior Court and will be given an early hearing. Mrs. Coleman alleges that both of the accused men, having been employees of the National Pencil Factory, the concern is therefore liable for damages for having failed to protect the life and welfare of her child. Mrs. Coleman is represented by Attorney James L. Key.Thursday,

Saturday, 23rd January 1915: Frank Case May Be Set For February 23, The Atlanta Journal

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The Atlanta Journal,Saturday, 23rd January 1915,PAGE 1, COLUMN 6.(By Associated Press.) WASHINGTON, Jan. 23. Argument before the Supreme Court on Leo M. Frank's Appeal in Habeas Corpus Proceedings probably will be set for February 23, after Cases already assigned for that date. Attorneys for Frank and for Georgia are preparing to submit a motion Monday to advance the Case. Should that be granted, a Decision might be announced within a few weeks.Saturday, 23rd January 1915: Frank Case May Be Set For February 23, The Atlanta Journal

Sunday, 24th January 1915: Leo Frank Appeal Is Set For Feb. 23 By Supreme Court, The Atlanta Constitution

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The Atlanta Constitution,Sunday, 24th January 1915,PAGE 4, COLUMN 7.The United States Supreme Court has advanced the Frank Appeal for Hearing on February 23, according to an Announcement made on Saturday. The Petition for Advancement was presented by Attorney Marshall, of New York, for Frank, and the State joined in the Petition.Sunday, 24th January 1915: Leo Frank Appeal Is Set For Feb. 23 By Supreme Court, The Atlanta Constitution

Monday, 25th January 1915: Frank’s Attorneys File Plea For Early Hearing, The Atlanta Journal

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The Atlanta Journal,Monday, 25th January 1915,PAGE 1, COLUMN 6.Motion to Advance Case Is Made in U. S. Court Monday (By Associated Press.) WASHINGTON, Jan. 25. Attorneys for Leo M. Frank, convicted for the murder of Mary Phagan, the Atlanta, Ga., factory girl, today filed a motion in the Supreme Court for an early hearing of his appeal from the habeas corpus decision in his case given by the Federal District Court of Northern Georgia. The statement was made that Attorney General Grice, of Georgia, agreed that "the interests of the appellant, and of the public, demand a speedy hearing and

Tuesday, 26th January 1915: Attorneys For Frank Ask An Early Hearing, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 26th January 1915,PAGE 4, COLUMN 6.By John Corrigan, Jr.Washington, January 25. (Special.) Counsel for Leo M. Frank, convicted of the murder of Mary Phagan, made a formal application to the Supreme Court today to advance the date for a hearing argument on the habeas corpus proceedings, begun before Judge W. T. Newman in Atlanta.It was stated in the application that Warren Grice, Attorney General of Georgia, was willing to have the hearing set for any day after February 22, as he would be busy in other courts until then. The Supreme Court took the application under advisement.Tuesday,

Tuesday, 26th January 1915: Trial Of Burns Men On Before Judge Hill, The Atlanta Journal

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The Atlanta Journal,Tuesday, 26th January 1915,PAGE 2, COLUMN 3.Court Overrules Demurrer in Case of Lehon Tedder and ThurmanDan S. Lehon, Southern Manager of the Burns Detective Agency; Arthur Thurman, an Atlanta lawyer, and C. C. Tedder, a lawyer's striker and former Atlanta Policeman, Tuesday morning were jointly arraigned before Judge Hill, of Fulton Superior Court, on indictments charging them with Subornation of Perjury in the Frank case, the specific allegation being that they procured from Rev. C. B. Ragsdale and R. L. Barber two false Affidavits, in which the Affiants swore they overheard Jim Conley confess to another Negro that

Wednesday, 27th January 1915: Counsel For Burns Men Call On Grand Jurors To Testify, The Atlanta Journal

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The Atlanta Journal,Wednesday, 27th January 1915,PAGE 1, COLUMN 1.Effort Will Be Made to Impeach C. B. Ragsdale and R. L. Barber in Subornation of Perjury CaseTO AIR METHODS USED IN GETTING AFFIDAVITSEleven Jurors Obtained to Try Lehon, Tedder and Thurman on Charge Growing Out of Frank CaseAttorneys for Dan S. Lehon, Arthur Thurman and C. C. Tedder, charged with subornation of perjury in the Frank Case, have summoned eight or ten members of the present Fulton County Grand Jury for the purpose of impeaching, by their testimony, Rev. C. B. Ragsdale and R. L. Barber, who made the famous affidavits

Wednesday, 27th January 1915: Trial Of Detectives To Be Hard-fought, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 27th January 1915,PAGE 12, COLUMN 2.First Day's Hearing Results in Securing of Only Six Jurors. Testimony to begin Today. That the fight of Dan S. Lehon and Carlton C. Tedder against prosecution for subornation of perjury, as a result of the W. J. Burns investigation of the Frank Case, will be one of the most spectacular of recent legal battles in Fulton County is evinced by the stubborn progress made in the first day's proceedings. It is anticipated that the trial will require the most of the week. Although four panels of seventy-six prospective jurors were exhausted,

Thursday, 28th January 1915: Ragsdale Accuses Thurman, Tedder And Dan S. Lehon, The Atlanta Journal

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The Atlanta Journal,Thursday, 28th January 1915,PAGE 1, COLUMN 1.Swears He Signed False Affidavit Fixed for Him, Was Paid $200, and Promised $10,000 More, Conditionally. Said Voice Over Phone Sounded Like Lehon's. Under Cross Examination, Ragsdale Appeared Very Nervous and Frequently Contradicted Himself.That he signed a false Affidavit in which he swore he overheard Jim Conley confess to killing Mary Phagan, that after signing this Affidavit he was paid $200 through Arthur Thurman and C. C. Tedder, and that a voice over the telephone "like the voice" of Dan S. Lehon promised him $10,000 more "if the thing went through," was

Friday, 29th January 1915: Ragsdale Weak In Mind, Son Admits On Stand, The Atlanta Journal

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The Atlanta Journal,Friday, 29th January 1915,PAGE 1, COLUMN 7.Solicitor Dorsey Develops Fact That Lehon, Shortly Before Affidavits Were Made, Paid Over to Tedder $500. LEHON SENT ROGERS TO WARN WITNESSES. H. D. Thomason, State's Witness, Springs Surprise by Swearing He Would Not Believe Ragsdale on His Oath.There were two striking developments Friday in the trial of Dan S. Lehon, Arthur Thurman and C. C. Tedder for Subornation of Perjury in the Frank Case. First, Judge Arthur Powell, of the Defense, brought from C. B. Ragsdale on cross-examination the admission that he has "spells with his mind," and brought from Ragsdale's

Saturday, 30th January 1915: Large Sums Paid To Burns Agency, Haas Tells Court, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 30th January 1915,PAGE 1, COLUMN 6.Shows checks for $500 and for $1,000 given representatives for work done in the Frank case.Jim Conley on stand for just five minutes. Denies that he ever confessed to murder of Mary Phagan. Father's mind unsound, says Ragsdale's son.With the testimony of Herbert Haas, who handled the funds for the Leo M. Frank Defense, the State rested its case yesterday afternoon in the trial of Dan Lehon, Arthur Thurman, and Carlton Tedder before Judge Ben Hill, on charges of subornation of perjury. Haas was preceded upon the stand by Jim Conley. The

Saturday, 30th January 1915: Solicitor Clashes With Star Witness Of Burns Defense, The Atlanta Journal

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The Atlanta Journal,Saturday, 30th January 1915,PAGE 1, COLUMN 7.I. H. Hirsch, Grand Juror, Tells of Ragsdale's Conflicting Testimony Before the Grand Jury Last Monday. Dorsey Cites Him to Juror's Oath. Hirsch Strongly Takes Issue With Solicitor on This Point and Says He Divulged Information Advisedly.A clash between Solicitor Hugh Dorsey and I. H. Hirsch was the feature of Saturday's session of the Burns bribery trials. Mr. Hirsch is a member of the present Fulton County Grand Jury, before which C. B. Ragsdale and R. L. Barber testified on Monday of the present week in support of new indictments presented by

Sunday, 31st January 1915: Fate Of Burns’ Agents Now In Hands Of Jury’s, No Verdict Until Today, The Atlanta Constitution

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The Atlanta Constitution,Sunday, 31st January 1915,PAGE 1, COLUMN 1.After Jurymen Had Been Out for One Hour, Judge Ben Hill Orders Them Locked in Kimball House for the Night. PARTICULAR CARE URGED AS TO MATTER OF DOUBT IN CASE AGAINST LEHON. Jurymen Instructed to Consider Law and Evidence and Have No Thought of Any Other Crime Mentioned During Hearing.A GREAT SPEECH! Perhaps as great a compliment as Solicitor Dorsey ever had paid him was given to him last night by C. C. Tedder. The Case had gone to the Jury. A group of men were talking to Solicitor Dorsey while waiting

Sunday, 31st January 1915: Perjury Cases Go To Jury After Dramatic Speeches, The Atlanta Journal

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The Atlanta Journal,Sunday, 31st January 1915,PAGE 1, COLUMN 7.Weary from the all-day session, the jury retired after one hour's deliberation without a verdict.ATTORNEY'S ARGUMENTS FULL OF SENSATIONSSolicitor made frequent and dramatic references to the Frank case. Full story of final day's proceedings. The case of Dan S. Lehon, Southern Manager of the William J. Burns International Detective Agency; Carlton C. Tedder, former Burns' Operator, and Arthur Thurman, Attorney, charged with subornation of perjury in the Frank case, is in the hands of the jury. The case went to the jury at 9:50 o'clock Saturday night, following dramatic pleas by three

Monday, 1st February 1915: Dan Lehon, Arthur Thurman And C. C. Tedder. Are Given Their Freedom After Long Trial., The Atlanta Constitution

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The Atlanta Constitution,Monday, 1st February 1915,PAGE 1, COLUMN 1.JURY DEADLOCKED FOR NEARLY SIXTEEN HOURSVerdict of "Not Guilty" brought in before Judge Ben Hill at the Courthouse at 1:50 O'Clock on Sunday Afternoon. PLEASED BY VERDICT JUDGE POWELL LAUDS PERSONNEL OF JURY Prosecution of Rev. C. B. Ragsdale and of R. L. Barber Will Be Vigorously Pushed During the March Term, Declares Solicitor Dorsey.The Jury in the Case of Dan Lehon, Southern Manager for the Burns Detective Agency; C. C. Tedder, a former Burns Operative, and Attorney Arthur Thurman, charged with Subornation of Perjury in the C. C. barber and Rev.

Monday, 1st February 1915: Frank Case Has Been Set For February 23, The Atlanta Journal

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The Atlanta Journal,Monday, 1st February 1915,PAGE 1, COLUMN 5.Supreme Court at Request of Frank and the State Advances HearingAn Associated Press dispatch from Washington announces that the United States Supreme Court on Monday advanced Leo M. Frank's Habeas Corpus Appeal for oral argument to February 23, on joint request of Counsel for Frank and the State of Georgia. This advancement of the Case, as will be recalled, was requested by both the State and the Defense because if the hearing had awaited its regular turn on the Docket something like eighteen months probably would have passed before it would have

Tuesday, 2nd February 1915: Frank Case Hearing Will Be Held Feb. 23, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 2nd February 1915,PAGE 10, COLUMN 6.Decision, in All Probability, Will Be Handed Down Before Next June. The Leo Frank Case has been set for Hearing by the United States Supreme Court, February 23, and a Decision will, in all probability, be handed down before the Court declares its annual June recess.The receipt of this announcement in Atlanta created renewed efforts on behalf of both the Defense and the Prosecution to prepare their Arguments for the Hearing. The State will be represented by Solicitor Dorsey, Attorney General Warren Grice and E. A. Stephens, Dorsey's Assistant. Frank will be

Thursday, 4th February 1915: Solicitor Dorsey At Florida Springs To Regain Health, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 4th February 1915,PAGE 7, COLUMN 6.Run down by overwork on the Frank Case and the recent prosecution of Dan S. Lehon, C. C. Tedder, and Arthur Thurman in the noted Subornation of Perjury Cases, Solicitor General Hugh M. Dorsey has been forced to seek health in Hampton Springs, Fla., for which he quietly left a day or so ago. It is not definitely known when he will return. He is accompanied by Mrs. Dorsey, and will be back in time to take a part in the Frank Case Proceedings before the United States Supreme Court in Washington

Tuesday, 9th February 1915: Demands $1,000 Reward For Leo Frank’s Arrest, The Atlanta Journal

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The Atlanta Journal,Tuesday, 9th February 1915,PAGE 6, COLUMN 1.Robert Barrett, Florist, Files Suit in Superior Court Against Atlanta. Alleging that the arrest and conviction of Leo M. Frank was the result of discoveries in the National Pencil Factory made by him, Robert Barrett, a Florist, 549 West North Avenue, filed suit against the City of Atlanta in the Superior Court Tuesday for a Reward of $1,000 offered by the Mayor and Council April 30, 1913, for "information leading to the arrest of the person or persons guilty of the murder of Miss Mary Phagan."Barrett, who is represented by Attorney Lawton

Wednesday, 10th February 1915: State Is Preparing For Frank Hearing, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 10th February 1915,PAGE 5, COLUMN 4.Solicitor and Attorney General in Conference All Day Tuesday. Active work has been begun by the State in preparation of its fight against the Supreme Court Appeal of Leo Frank's Counsel. Solicitor Hugh M. Dorsey and Warren Grice, Attorney General, were closeted throughout yesterday afternoon and for a large part of the morning. The Conference was held in the State Capitol in the Offices of the Attorney General and in the State Library, in the latter of which the Solicitor and Attorney General delved into volume after volume of Constitutional Law. This

Saturday, 13th February 1915: Delay Is Assured In The Innes Appeal, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 13th February 1915,PAGE 5, COLUMN 2.It will be weeks, maybe months, before Victor E. Innes and his wife, accused of the murder of the Nelms sisters, can be brought to Atlanta for prosecution under indictments by the Fulton Grand Jury on charges of Larceny After Trust. This became definite yesterday, when it was announced by counsel for the man and woman that their appeal to prevent extradition to Georgia would be taken to the United States Supreme Court. The Court of Appeals in Austin, Texas, refused this appeal, likewise declining yesterday to grant a Writ of Error,

Monday, 15th February 1915: Dorsey And Grice At Work On Frank Case, The Atlanta Journal

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The Atlanta Journal,Monday, 15th February 1915,PAGE 1, COLUMN 4.Solicitor General Dorsey has returned from Florida where he has been resting for several days and on Monday, he and Attorney General Grice began the preparation of the State's Brief in the Habeas Corpus Appeal of Leo M. Frank which will come up for a Hearing before the United States Supreme Court on Tuesday, February 23. Mr. Dorsey and Mr. Grice will be engaged on this Brief during the major portion of the week. They will probably leave for Washington on next Sunday.Monday, 15th February 1915: Dorsey And Grice At Work On

Thursday, 18th February 1915: Grice And Dorsey Again In Conference, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 18th February 1915,PAGE 6, COLUMN 6.Solicitor Hugh M. Dorsey and Attorney General Warren Grice were again closeted in secret conference yesterday on the preparatory work for the fight in the United States Supreme Court against the Leo M. Frank appeal. One of the new points developed by the prosecution is the contention that a question of law and validity once having been adjudicated, as alleged in the Frank case, cannot be revived in an application for writ of habeas corpus.Thursday, 18th February 1915: Grice And Dorsey Again In Conference, The Atlanta Constitution

Thursday, 18th February 1915: Lehon Must Pay Fine Or Serve Thirty Days, The Atlanta Journal

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The Atlanta Journal,Thursday, 18th February 1915,PAGE 1, COLUMN 4.Court of Appeals Upholds the Lower Court Must Face Trial in Superior Court. Dan S. Lehon, Manager in charge of William J. Burns' Southern Headquarters at New Orleans, who was recently acquitted by a Jury in the Fulton Superior Court of Charges of Subornation of Perjury in the Frank Case, must pay a fine of $100 or serve thirty days in the City stockade the penalty placed upon him in the Recorder's Court last May by Judge Nash R. Broyles, who tried him on the Charge that he had violated the City

Friday, 19th February 1915: Lehon Must Pay Fine, Rules Appeals Court, The Atlanta Constitution

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The Atlanta Constitution,Friday, 19th February 1915,PAGE 7, COLUMN 2.An opinion was handed down yesterday by the Court of Appeals sustaining the Judgement of Judge Pendleton, of Fulton Superior Court in refusing to sanction a Certiorari of the Case of Dan Lehon, Southern Manager of the Burns Detective Agency, from the Recorder's Court, where he was fined $100 or sentenced to serve 30 days on the Charge that in connection with his investigation of the Frank Case, he had violated a City Ordinance by performing Private Detective work without the proper local Authority.Friday, 19th February 1915: Lehon Must Pay Fine, Rules

Saturday, 20th February 1915: Decision For Leo Frank Wouldn’t Mean Freedom, The Atlanta Journal

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The Atlanta Journal,Saturday, 20th February 1915,PAGE 1, COLUMN 5.Lawyers Do Not Now Contend He Could Not Again Be Tried (By Associated Press.) WASHINGTON, Feb. 26 " Attorneys for Leo M. Frank, sentenced to death for the murder of Mary Phagan, the Atlanta Factory girl, filed in the Supreme Court today Briefs in Frank's Appeal to release him in a Habeas Corpus proceeding. The Appeal will be argued next week. They contend the trial Court lost Jurisdiction by abdicating its functions from fear or mob violence, and by arranging for Frank to remain out of Court when the verdict was announced.

Saturday, 20th February 1915: Grice And Dorsey Go To Washington For Frank Hearing, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 20th February 1915,PAGE 6, COLUMN 6.Attorney General Warren Grice and Solicitor General Hugh M. Dorsey were busy all Friday getting ready the papers in the Leo M. Frank Case. The final preparations of the State's Case were concluded Friday afternoon. Some minor details will be made Saturday morning and on Saturday evening they will leave Atlanta for Washington.They will be ready and fully prepared, they state, to present the State's side of the Case when it is heard before the United States Supreme Court.Saturday, 20th February 1915: Grice And Dorsey Go To Washington For Frank Hearing, The

Sunday, 21st February 1915: Frank And State Complete Briefs To Supreme Court, The Atlanta Constitution

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The Atlanta Constitution,Sunday, 21st February 1915,PAGE 1, COLUMN 1.State's Right to Enforce Own Criminal Laws Upheld by Hugh M. Dorsey and Warren Grice. SAY DISORDER CHARGES ARE GREATLY ENLARGED. Frank's Brief Filed Saturday in Washington, Pronounces Trial a Travesty of Justice.Asserting the right of every State of the Union to make and enforce its own criminal laws, free from interference or supervision by the Federal Courts, and citing the decisions of the Supreme Court of the United States itself to support this contention, the brief of the State of Georgia in the Leo M. Frank Appeal to the Supreme Court

Sunday, 21st February 1915: Frank Jurors Not Swayed By Hostile Crowd, Says State, The Atlanta Journal

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The Atlanta Journal,Sunday, 21st February 1915,PAGE 1, COLUMN 3.Brief, Answering Application for Habeas Corpus, Makes Vigorous Defense Against Charge of DemonstrationsCASE SET FOR HEARING IN WASHINGTON TUESDAYHolds if Absence From Court Was Erroneous It Isn't Sufficient Grounds for Discharge of PrisonerThe State's Brief, answering the Application for Habeas Corpus of Leo M. Frank, set for a hearing before the Supreme Court of the United States next Tuesday, has been completed, and besides answers to the technical points made by Frank, the Brief contains a vigorous Defense against the charge that hostile demonstrations by the Court Room crowds swayed the Court

Monday, 22nd February 1915: Sheriff Mangum Leaves To Attend Frank Hearing, The Atlanta Journal

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The Atlanta Journal,Monday, 22nd February 1915,PAGE 7, COLUMN 1.Sheriff C. W. Mangum doesn't propose to take any chances of getting into contempt with the United States Supreme Court, and because he doesn't propose to take any chances he left Atlanta Monday afternoon for Washington to be present when the Supreme Court hears arguments on Frank's Habeas Corpus Appeal. Although Frank's Application for a Writ of Habeas Corpus was in purpose and effect directed against the State of Georgia, it was formally directed against Sheriff Mangum, who is in actual custody of Frank. The title of the Case is "Leo M.

Tuesday, 23rd February 1915: Think Favorable Ruling Would Set Frank Free, The Atlanta Journal

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The Atlanta Journal,Tuesday, 23rd February 1915,PAGE 1, COLUMN 4.State's Counsel Differ From Opponents as to Effect Decision Would HaveBY RALPH SMITH.WASHINGTON, Feb. 23. The contention of Leo M. Frank's Counsel, as set up in their Brief, that a favorable decision in the pending Case will not result in his going free, is not shared by Attorney General Grice and Solicitor General Dorsey, representing the State."In our brief, we do not touch upon this contention of the Appellant," said Attorney General Grice. "We do not believe that it is a material question for the Court to pass upon, and it is

Wednesday, 24th February 1915: Postpone Hearing Of Frank Appeal, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 24th February 1915,PAGE 12, COLUMN 4.By John Corrigan, Jr.Washington, February 23. (Special.) Because of the number of other cases preceding it on the day's calendar, the appeal of Leo Frank for a writ of habeas corpus was not heard Tuesday. It is probable that the case will not be reached before Thursday or Friday.Attorney General Warren Grice and Solicitor Hugh M. Dorsey, for the State; Attorney Louis Marshall, of New York, for Frank, and Sheriff Mangum were present in the Supreme Court. The brief of the State was filed.Wednesday, 24th February 1915: Postpone Hearing Of Frank Appeal,

Thursday, 25th February 1915: Louis Marshall Opens Frank Case Argument, The Atlanta Journal

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The Atlanta Journal,Thursday, 25th February 1915,PAGE 1, COLUMN 5.United States Supreme Court Starts Hearing at 3 o'Clock (By Associated Press.) WASHINGTON, Feb. 25 The fate of Leo M. Frank depends upon the outcome of Oral Arguments of his Habeas Corpus Case, which began at 3 O'Clock this afternoon before the Supreme Court. Louis Marshall, of New York, Counsel for Frank, opened for the Appellant. The court will adjourn at 4:30 o'clock, so Mr. Marshall will have to resume his speech tomorrow at noon.Three hours have been allotted by the Court for the Arguments of the Case, to be divided equally.

Friday, 26th February 1915: Supreme Court Justices Quiz Counsel For State, The Atlanta Journal

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The Atlanta Journal,Friday, 26th February 1915,PAGE 1, COLUMN 6.BY RALPH SMITHWASHINGTON, Feb. 26. In concluding his argument on the Habeas Corpus Appeal of Leo M. Frank, before the Supreme Court this morning, Louis Marshall, of New York, insisted that the verdict returned at the trial was a nullity and that the judgment based upon it was also a nullity. Warren Grice, Attorney General of Georgia, followed Marshall and was in the midst of his argument when the Court took a recess at 2 o'clock for lunch. He resumed at 2:30 and was followed by Solicitor General Dorsey who prosecuted Frank.

Saturday, 27th February 1915: Frank Case Decision Is Not Expected Soon, The Atlanta Journal

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The Atlanta Journal,Saturday, 27th February 1915,PAGE 1, COLUMN 4.U.S. Court May Not Announce Ruling for Month or More. It is expected that at least a month and maybe longer will elapse before the United States Supreme Court hands down its decision on the Habeas Corpus Appeal of Leo M. Frank. Arguments before the Court were concluded shortly after 3 o'clock Friday afternoon. Solicitor Dorsey, who followed Attorney General Grice for the State of Georgia, was the last Speaker. When he finished, Attorney Louis Marshall, of New York, who presented the Arguments for Frank and who was the first Speaker to

Saturday, 27th February 1915: Leo Frank’s Fate In Hands Of Court, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 27th February 1915,PAGE 1, COLUMN 5.Hearing Before the United States Supreme Tribunal on Writ of Habeas Corpus Completed Friday. Washington, February 26. Arguments on the Northern Georgia Federal Court's decision refusing a Writ of Habeas Corpus to Leo M. Frank, under Death Sentence for the murder of Mary Phagan, the Atlanta Factory girl, were concluded before the United States Supreme Court today. A decision probably will not be given for at least several weeks. Should the Supreme Court affirm the decision of the Georgia Federal Court, nothing would stand in the way of carrying out the death

Sunday, 28th February 1915: Attorney General Grice Home From Washington, The Atlanta Journal

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The Atlanta Journal,Sunday, 28th February 1915,PAGE 27, COLUMN 1.Solicitor Dorsey and Attorney Alexander Will Return in Few Days. Attorney General Warren Grice returned to Atlanta yesterday from Washington, where, with Solicitor Hugh Dorsey, he had argued for the State against the Frank Appeal before the Supreme Court. Solicitor Dorsey and H. A. Alexander, the latter of Frank's Counsel, are now in New York and will return home in a few days. Mr. Grice, on his arrival yesterday, said he had no comment to make on the Case and he, of course, could not say when the Supreme Court is likely

Monday, 1st March 1915: New Grand Jurors Are Warned Not To Talk, The Atlanta Journal

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The Atlanta Journal,Monday, 1st March 1915,PAGE 2, COLUMN 1.Testimony of Witnesses Must Not Be Divulged, Says Judge HillJudge Ben H. Hill, of Fulton Superior Court, in swearing in the March term Grand Jury Monday morning, called their particular attention to the portion of the Oath relating to the Secrecy of Grand Jury matters and cautioned them particularly against divulging the testimony of witnesses. The Judge said he made this statement because the Grand Jury oath had recently been misconstrued by a member of the Grand Jury, not intentionally, he thought, but misconstrued nevertheless, and he wanted to guard against a

Monday, 8th March 1915: Solicitor Dorsey Is Back From New York, The Atlanta Journal

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The Atlanta Journal,Monday, 8th March 1915,PAGE 5, COLUMN 1.Solicitor General Hugh M. Dorsey returned to Atlanta Monday morning from New York, where he went for a short rest after arguing, with Attorney General Grice, the recent phase of the Frank Case before the United States Supreme Court in Washington. Mr. Dorsey faces busy days in the Criminal Branch of Fulton Superior Court, and will enter upon the trial of cases at once. Assistant Solicitor E. A. Stephens, during Mr. Dorsey's absence, has been handling the court cases, while Basil Stockbridge, of Mr. Dorsey's office, has been in charge of grand

Tuesday, 9th March 1915: Solicitor Dorsey Is Busy With Frank Case, The Atlanta Journal

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The Atlanta Journal,Tuesday, 9th March 1915,PAGE 5, COLUMN 1.Solicitor Hugh Dorsey, who returned Monday from New York, after an absence of two weeks, was busy Tuesday preparing a Summary of the Authorities cited in the State's Brief at the recent Frank Case Hearing before the United States Supreme Court in Washington. This Summary will be sent to the Supreme Court as soon as it is finished. Its purpose is to aid the Court in reviewing the many Cases referred to in the State's Brief.Tuesday, 9th March 1915: Solicitor Dorsey Is Busy With Frank Case, The Atlanta Journal

Wednesday, 10th March 1915: Dan Lehon Appeals To Supreme Court, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 10th March 1915,PAGE 10, COLUMN 4.Judge R. B. Russell, of the State Court of Appeals, has certified to a Writ of Error to the United States Supreme Court in the Case of Dan Lehon, Southern Manager of the Burns Detective Agency, in his fight against his Conviction of violating a City Ordinance of Atlanta in working as a Private Detective in the Frank Case without obtaining the permission of the Police Board and reporting to the Police Chief. His Case was certioraried to the superior Court, where Lehon lost and appealed to the State Court of Appeals,

Monday, 15th March 1915: Frank Decision May Come Down April 5 By Ralph Smith., The Atlanta Journal

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The Atlanta Journal,Monday, 15th March 1915,PAGE 1, COLUMN 6.WASHINGTON, March 15. The Supreme Court today did not give an opinion on the Frank Case. The matter may go over until after April 5, as the Court takes a Recess next Monday until that date.Monday, 15th March 1915: Frank Decision May Come Down April 5 By Ralph Smith., The Atlanta Journal

Sunday, 21st March 1915: Alston Special Counsel In Empire Life Co. Case, The Atlanta Journal

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The Atlanta Journal,Sunday, 21st March 1915,PAGE 8, COLUMN 4.Attorney General Requested Appointment Owing to Rush of Work. Insurance Commissioner Wright has appointed Robert C. Alston, of Atlanta, as Special Counsel to the Commissioner in the Case of the Empire Life Insurance Company. Under the terms of the Insurance Law passed in 1912, the Insurance Commissioner was empowered to name Special Counsel in Cases where his Department was handling the Affairs of an Insurance Company turned over to it by the Courts. This has been done by the Insurance Commissioner in previous Cases, one of the most recent being that of

Monday, 22nd March 1915: U.s. Court Recesses. Frank Case Not Decided, The Atlanta Journal

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The Atlanta Journal,Monday, 22nd March 1915,PAGE 1, COLUMN 2.(Special Dispatch to The Journal.)WASHINGTON, March 22. After handing down several opinions Monday morning, the United States Supreme Court recessed at noon until Monday, April 5, without having rendered a decision on the Habeas Corpus Appeal of Leo M. Frank, of Atlanta. It had been generally expected the Frank Decision would be announced Monday. It will not be forthcoming now for at least two weeks and possibly longer.Monday, 22nd March 1915: U.s. Court Recesses. Frank Case Not Decided, The Atlanta Journal

Tuesday, 23rd March 1915: Judge Roan Is Dead At New York Hospital, The Atlanta Journal

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The Atlanta Journal,Tuesday, 23rd March 1915,PAGE 2, COLUMN 3.Noted Georgia Jurist Dies in the New York Polyclinic Hospital Following an OperationJudge L. S. Roan, former Judge of the Georgia Court of Appeals and former Judge of the Criminal Division of Fulton Superior Court, died at 4 o'clock Tuesday morning in the Polyclinic Hospital in New York City, following an operation. Judge Roan, whose Christian name was Leonard Strickland, was born February 7, 1849, in Henry County, six miles from Griffin, Ga. His father was a wealthy planter and influential citizen. In his early boyhood, the family moved to Hampton, Ga.,

Tuesday, 23rd March 1915: No Frank Decision For Three Weeks, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 23rd March 1915,PAGE 12, COLUMN 3.Washington, March 22. Leo M. Frank's case remained undecided when the Supreme Court of the United States recessed today until April 5. During the recess, the Court will prepare opinions on cases pending and the date of reassembling is the first on which a decision in the Frank case may be announced.Tuesday, 23rd March 1915: No Frank Decision For Three Weeks, The Atlanta Constitution

Wednesday, 24th March 1915: Judge L. S. Roan Dies In New York Hospital, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 24th March 1915,PAGE 3, COLUMN 2.Funeral Will Take Place in Fairburn, His Former Home, Thursday.Sadness reigns in Atlanta Court Realms over the death of Judge L. S. Roan, in the Polyclinic Hospital, New York, Tuesday morning from a cancerous growth beneath the left eye. The body is en route to Georgia, and will be carried to Fairburn, his former home, where the funeral will be held Thursday afternoon at 3 o'clock in the First Method church. The interment will also be in Fairburn. The Funeral Ceremonies will be delivered by his former Pastor, Rev. H. C. Emory,

Sunday, 4th April 1915: Jewish War Victims Aided By Leo Frank, The Atlanta Constitution

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The Atlanta Constitution,Sunday, 4th April 1915,PAGE 10, COLUMN 4."Knows What It Is to Suffer Unjustly," He Says in Letter.With the words, "Knowing what it is to suffer unjustly and having a deep sense of sympathy for our co-religionists who are innocent sufferers," Leo M. Frank has sent from the jail a check for $5 for 500 Jewish Relief Stamps for war victims. Frank's letter was written recently to Harry Fischel, Treasurer of the Central Committee for the Relief of Jews suffering in the war zone. Enclosed with the check was the following letter:"I feel that when these stamps were sent

Monday, 5th April 1915: Case Of Leo M. Frank May Be Decided Today, The Atlanta Constitution

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The Atlanta Constitution,Monday, 5th April 1915,PAGE 1, COLUMN 4.Generally believed that U.S. Supreme Court will hand down opinion. Washington, April 4. Many of the seventy-five cases pending before the Supreme Court are expected to be decided when the Court resumes sessions tomorrow after a two weeks' recess devoted to writing opinions.The case which has been under consideration longest involves the constitutionality of the Oklahoma Suffrage "Grandfather Clause" case. It also will determine the validity of an Annapolis, Md., law, under which the right of Negroes to vote is said to have been more or less restricted. The case has been

Monday, 5th April 1915: Supreme Court Announces No Decision In Leo M. Frank Case, The Atlanta Journal

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The Atlanta Journal,Monday, 5th April 1915,PAGE 1, COLUMN 6.No Frank Decision Monday(By Associated Press.)WASHINGTON, April 5. No decision was announced today in the Leo M. Frank murder case by the Supreme Court.Monday, 5th April 1915: Supreme Court Announces No Decision In Leo M. Frank Case, The Atlanta Journal

Wednesday, 7th April 1915: Lehon Appeals Case To U. S. Supreme Court, The Atlanta Journal

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The Atlanta Journal,Wednesday, 7th April 1915,PAGE 1, COLUMN 4.(By Associated Press.)WASHINGTON, April 7. Dan S. Lehon, Private Detective, today appealed to the Supreme Court from his conviction for violation of the Atlanta, Ga., ordinance requiring Private Detectives to be licensed. He contended that the Ordinance as enforced not only deprived him of Constitutional Rights but abridged the Constitutional Rights of Leo M. Frank, by whose friends he was employed. Lehon was arrested while investigating the conviction of Frank for the murder of Mary Phagan.Wednesday, 7th April 1915: Lehon Appeals Case To U. S. Supreme Court, The Atlanta Journal

Thursday, 8th April 1915: Lehon Takes Case To Supreme Court, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 8th April 1915,PAGE 1, COLUMN 5.Dan S. Lehon, Superintendent of the Southern Offices of the William J. Burns Detective Organization, has filed an Appeal in the United States Supreme Court at Washington from his conviction in Atlanta for violation of the City Ordinance requiring private Detectives to be licensed. This was brought to Atlanta in Associated Press Dispatches received Wednesday. Lehon's contention is that the Ordinance not only deprived him of Constitutional Rights but Abridged the Constitutional Rights of Leo M. Frank, by whose friends Lehon and Burns were employed.Lehon was arrested during the Burns investigation of

Thursday, 8th April 1915: Ragsdale Trial Monday, The Atlanta Journal

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The Atlanta Journal,Thursday, 8th April 1915,PAGE 13, COLUMN 1.According to the Calendar of the Criminal Branch of the Superior Court, R. L Barber and Rev. C. B. Ragsdale will be tried Monday on indictments of perjury charging them with swearing to false Affidavits in Connection with the Frank Case.PERSONALOLD HATS MADE NEWMRS. C. H. SMITHLadies', Misses' and Children's High-Grade Trimmed and Untrimmed Hats. YOUR OLD HATS MADE OVER. We can turn your old style straw hats into new styles, new shapes, good colors and perfect finish. PANAMAS AND LEGHORNS CLEANED AND REBLOCKED. CHARGE ACCOUNTS SOLICITED. 115 PEACHTREE ST. NEXT TO

Friday, 9th April 1915: Old Hats Made New Mrs. C.h. Smith, The Atlanta Journal

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The Atlanta Journal,Friday, 9th April 1915,PAGE 18, COLUMN 7.Ladies', Misses' and Children's High-Grade Trimmed and Untrimmed Hats. YOUR OLD HATS MADE OVER. We can turn your old style straw hats into new styles, new shapes, good colors and perfect finish. PANAMAS AND LEGHORNS CLEANED AND REBLOCKED. CHARGE ACCOUNTS SOLICITED. 115 PEACHTREE ST. NEXT TO CANDLER BUILDING. IVY 2684.FLY SCREENS VENETIAN BLINDS MADE TO ORDER. The Ideal blind and screen for sun parlors. Estimates furnished free. YOUR CREDIT'S GOOD DON'T DELAY. Bostwick-Goodeii Co., W. R. Callaway, Sales Mgr., phone Main 5310, or write 1403 Fourth Natl. Bank bldg., Atlanta, Ga.MADAME De

Saturday, 10th April 1915: Old Hats Made New Mrs. C. H. Smith, The Atlanta Journal

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The Atlanta Journal,Saturday, 10th April 1915,PAGE 10, COLUMN 6.Ladies', Misses' and Children's High-Grade Trimmed and Untrimmed Hats. YOUR OLD HATS MADE OVER. We can turn your old style straw hats into new styles, new shapes, good colors and perfect finish. PANAMAS AND LEGHORNS CLEANED AND REBLOCKED. CHARGE ACCOUNTS SOLICITED. 115 PEACHTREE ST. NEXT TO CANDLER BUILDING. IVY 2684.FLY SCREENS VENETIAN BLINDS MADE TO ORDER. The Ideal blind and screen For sun parlors. Estimates furnished free. YOUR CREDIT'S GOOD DON'T DELAY. Bostwick.Goodeii Co., W. R. Callaway, Sales Mgr., phone Main 5310, or write 1403 Fourth Natl. Bank bldg., Atlanta, Ga.MADAME De

Sunday, 11th April 1915: Old Hats Made New Mrs. C. H. Smith, The Atlanta Journal

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The Atlanta Journal,Sunday, 11th April 1915,PAGE 3, COLUMN 6.Ladies', Misses' and Children's High-Grade Trimmed and Untrimmed Hats. YOUR OLD HATS MADE OVER. We can turn your old style straw hats into new styles, new shapes, good colors and perfect finish. PANAMAS AND LEGHORNS CLEANED AND REBLOCKED. CHARGE ACCOUNTS SOLICITED. 115 PEACHTREE ST. NEXT TO CANDLER BUILDING. IVY 2684.FLY SCREENS VENETIAN BLINDS MADE TO ORDER. The Ideal blind and screen For sun parlors. Estimates furnished free. YOUR CREDIT'S GOOD DON'T DELAY. Bostwick.Goodeii Co., W. R. Callaway, Sales Mgr., phone Main 5310, or write 1403 Fourth Natl. Bank bldg., Atlanta, Ga.YOUR LAWN

Monday, 12th April 1915: No Decision Monday In Leo M. Frank Case, The Atlanta Journal

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The Atlanta Journal,Monday, 12th April 1915,PAGE 1, COLUMN 2.(By Associated Press.) WASHINGTON, April 12 " No decision in the Leo M. Frank murder case was announced today by the Supreme Court. The next Decision Day is next Monday.Monday, 12th April 1915: No Decision Monday In Leo M. Frank Case, The Atlanta Journal

Tuesday, 13th April 1915: No Frank Decision For At Least Week, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 13th April 1915,PAGE 4, COLUMN 1.Washington, April 12: No decision in the Leo M. Frank murder case was announced today at the Supreme Court. The next Decision Day is next Monday.Tuesday, 13th April 1915: No Frank Decision For At Least Week, The Atlanta Constitution

Tuesday, 13th April 1915: Personal Read The Booklet Of Rhymes On Leo M. Frank, The Atlanta Journal

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The Atlanta Journal,Tuesday, 13th April 1915,PAGE 18, COLUMN 7.and Detective Burns, composed by W. R. Corley. Booklets ten cents each or one dollar per dozen, postage prepaid. Address all orders to W. R. Corley, 121 Glover street, Marietta, Ga.Tuesday, 13th April 1915: Personal Read The Booklet Of Rhymes On Leo M. Frank, The Atlanta Journal

Wednesday, 14th April 1915: W.r. Corley Sells Booklets On Leo M. Frank And Detective Burns, The Atlanta Journal

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The Atlanta Journal,Wednesday, 14th April 1915,PAGE 14, COLUMN 2.PERSONAL: Read the booklet of rhymes on Leo M. Frank and Detective Burns, composed by W. R. Corley. Booklets ten cents each or one dollar per dozen, postage prepaid. Address all orders to W. R. Corley, 121 Glover Street, Marietta, Ga.HATTERS: Panamas cleaned and reshaped. Ladies' straws and felt; men's derbies, soft bats. C. Christensen, 17 Walton street.MATERNITY SANITARIUM: Private, refined, homelike. Limited number of patients cared for. Home provided for infants. Infants for adoption. Mrs. M. T. Mitchell, 25 Windsor st.THE NEW management of the Turkish Bath and Barber shop at

Monday, 19th April 1915: Frank Loses Appeal – Pardon Only Hope Defeated In Courts, Frank Counsel Plan Pardon Board Plea, The Atlanta Journal

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The Atlanta Journal,Monday, 19th April 1915,PAGE 1, COLUMN 5.Final Effort to Save Condemned Man's Life Will Be Made Before Prison Commission and the Governor.GOVERNOR-ELECT HARRIS MAY PASS ON THE CASENecessary Legal Procedure Will Make Execution Impossible Until About the Middle of June, It Is Said.Attorneys for Leo M. Frank Monday were preparing to carry the fight for his life to the State Pardoning Board and the Governor, the Attorneys agreeing that all methods of continuing the fight in the Courts have been exhausted.Frank, in the cell in the Tower, which at the end of this month he will have occupied

Tuesday, 20th April 1915: His Plea Denied, Frank Decisions For A Rehearing, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 20th April 1915,PAGE 1, COLUMN 1.Solicitor General Dorsey and Attorney General Grice Hold Long Conference Over Noted Case. CONFIDENT OF WINNING, ASSERTS THE PRISONER If Case Goes to Governor It Is Probable That Judge Harris Will Act Instead of Slaton.For more than two hours Monday, Solicitor Hugh M. Dorsey and Attorney General Warren Grice conferred in the former's Office in the Court House to determine the prosecution's move to combat a prospective effort of the Leo M. Frank's Counsel to apply for a new Hearing before the Supreme Court in Washington following the Court's refusal to interfere.

Tuesday, 20th April 1915: Judge Roan’s Letter To Be Used In Frank Plea For Clemency, The Atlanta Journal

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The Atlanta Journal,Tuesday, 20th April 1915,PAGE 1, COLUMN 1.A letter from the late Judge L. S. Roan in which the lamented Jurist stated he would appear before the Prison Commission on behalf of Leo M. Frank if he lived until the Case reached that Body, will form a strong part of the plea of the Attorneys for Executive Clemency, it was reported on good Authority Tuesday. While it is not known that the Petition for Clemency, which may be filed with the Prison Commission at any moment by Attorney Harry A. Alexander, will contain any reference to the letter of

Wednesday, 21st April 1915: Frank Lawyers Work On Clemency Petition, The Atlanta Journal

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The Atlanta Journal,Wednesday, 21st April 1915,PAGE 1, COLUMN 6.Final Move to Save Condemned Man Discussed at Conference Tuesday NightPreparation of Leo M. Frank's Petition to the State Prison Commission for Executive Clemency was begun at a Conference of his Attorneys Tuesday evening. Although Frank's Attorneys are fully confident their client is innocent of the murder of Mary Phagan, for which he was convicted, they will not, it is believed, ask for a pardon but will apply for a Commutation of his sentence to life imprisonment.This Course, it is understood, will be followed because the Attorneys feel that in the face

Wednesday, 21st April 1915: Frank’s Attorneys Confer On Appeal, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 21st April 1915,PAGE 3, COLUMN 2.Thought That No Time Will Be Lost in Taking Last Step in Fight for the Condemned Man's Life. The first active steps toward the Appeal to the Prison Commission and Governor to spare the life of Leo Frank were taken last night in a Conference held between the condemned man's lawyers in the Office of Leonard Haas in the Fourth National building. Luther Rosser and Reuben Arnold, Chief Counselors for Frank, in his trial before Judge L. S. Roan, were present at the Consultation. Others in the Conference were Harry A. Alexander,

Thursday, 22nd April 1915: Frank Asks Commutation Of Death Sentence To Life Term, The Atlanta Journal

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The Atlanta Journal,Thursday, 22nd April 1915,PAGE 1, COLUMN 4.PAGE 1, COLUMN 7CLEMENCY PLEA IS FILED WITH PARDON BOARD BY COUNSELBeaten in the Courts, Man Convicted as Slayer of Mary Phagan Takes Case to State Prison CommissionASSERTS HIS INNOCENCE OF CHARGE OF MURDEREvidence Submitted at Trial Was Not Sufficient to Warrant Verdict of Guilt, He Says in Plea for LifeLeo M. Frank Thursday afternoon filed with Captain Goodloe H. Yancey, Secretary of the State Prison Commission, his Petition for Executive Clemency. It was filed by Attorney Harry A. Alexander, one of Frank's Attorneys, and asks for a Commutation of the death

Thursday, 22nd April 1915: Frank Pardon Plea Will Be Completed Within A Few Days, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 22nd April 1915,PAGE 9, COLUMN 4.The preparation of the Petition for Leo Frank's life to be presented to the Prison Commission and Governor by the Counsel will be completed, it is thought, within the next few days. The first Conference between Attorneys was held in the Office of Leonard J. Haas Tuesday night. A Second Conference was held last night, in which were included H. A. Alexander, Luther Rosser, and Reuben Arnold.Much interest is being centered on the Selection of Counsel to argue the Petition before the Commission. It is generally believed that Reuben Arnold, who delivered

Friday, 23rd April 1915: Frank Makes Plea For Commutation, The Atlanta Constitution

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The Atlanta Constitution,Friday, 23rd April 1915,PAGE 9, COLUMN 1.Condemned Man Reiterates Innocence and Says He Was Convicted on Questionable Evidence.Attorneys for Leo Frank have filed with Captain Goodloe H. Yancey, Secretary of the State Prison Commission, his Petition for Executive Clemency in a last effort to spare his life. He asks commutation to life imprisonment. The Petition was signed by Frank and filed at the Capitol early Thursday afternoon, at least two days earlier than was expected. Frank's chief contention is that he is absolutely innocent of the crime for which he stands convicted, and that the evidence on which

Tuesday, 27th April 1915: Daniel To Be Tried During The May Term, The Atlanta Journal

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The Atlanta Journal,Tuesday, 27th April 1915,PAGE 8, COLUMN 2.When Judge Ben H. Hill's Division of the Superior Court reconvenes May 1, the case of Walter S. Daniel, charged with murder of W. D. Watters in front of the Carnegie Library six weeks ago, will be one of first on the calendar for trial.The cases of perjury against Rev. C. B. Ragsdale and R. L. Barber, who are charged with swearing false affidavits in the Frank Case, have been again placed upon the calendar of Judge Hill's Court. The date set is May 10.Tuesday, 27th April 1915: Daniel To Be Tried

Wednesday, 28th April 1915: Thousands Of Letters Make Plea For Frank, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 28th April 1915,PAGE 9, COLUMN 4.Letters Pour Into the Governor's Office From Every Section of the Country. Over fifteen thousand letters have been received in Governor Slaton's Office within the past month in regard to the Case of Leo Frank, under Sentence of Death for the killing of Mary Phagan, on April 26, 1913. With a very few exceptions, the Writers of the Letters plead for a Commutation and ask that Frank be given a life sentence in the Penitentiary.A few letters have been received by the Prison Commission asking that Frank be saved from the Death

Thursday, 29th April 1915: Nat Harris Talks About Frank Case, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 29th April 1915,PAGE 9, COLUMN 5.Asks Commission to Neither Delay Nor Hurry Consideration of Case Would Stop Letter Writers. Macon, Ga., April 28. (Special.) Governor-elect Nat E. Harris candidly admits that he wishes his Correspondents would let up on him relative to the Frank Case. Today a Reporter called on him in his Office and found him buried in a mass of letters nearly chin high, some calling on him to pardon Frank if the Case comes before him after he assumes the Governorship and others just as insistent that he let the law take its course.Judge

Friday, 30th April 1915: Mother And Father Of Leo Frank Here To Attend Hearing, The Atlanta Constitution

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The Atlanta Constitution,Friday, 30th April 1915,PAGE 1, COLUMN 4."We Have Never Been Shaken in Our Belief in His Innocence," Says M. Frank. "Eventual Exoneration Certain.""We believe that our boy will be eventually exonerated. He will not hang unless Georgia hangs an innocent man. We have never been shaken in our belief in his innocence. Our faith has grown stronger day by day, and now, at the crisis, we feel renewed hope." These are the words of M. Frank, of Brooklyn, the aged father of Leo Frank, who arrived in Atlanta early Thursday morning accompanied by his wife, Mrs. Rae Frank.

Friday, 30th April 1915: Parents Of Leo Frank Arrive In Atlanta To Aid Son, The Atlanta Journal

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The Atlanta Journal,Friday, 30th April 1915,PAGE 14, COLUMN 5.PARENTS OF LEO FRANK ARE NOW IN ATLANTAWill Aid Condemned Man's Attorneys in Last Move to Save His LifeSeeking to aid his attorneys in their plea for commutation before the State Prison Commission, M. Frank and Mrs. Rhea Frank, father and mother of Leo M. Frank, have come to Atlanta from their home in Brooklyn and are at the home of Carl Wolfsheimer, 387 Washington Street.Mr. and Mrs. Frank arrived here Thursday. It was stated Friday that they will be here indefinitely, probably for two or three weeks. They visited Frank Thursday

DR CLARENCE JOHNSON, Sworn In For The State, 193rd To Testify

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DR. CLARENCE JOHNSON, sworn for the State in rebuttal.I am a specialist on diseases of the stomach and intestines. I am a physiologist. A physiologist makes his searches on the living body; the pathologist makes his on a dead body. If you give anyone who has drunk a chocolate milk at about eight o'clock in the morning, cabbage at 12 o'clock and 30 or 40 minutes thereafter you take the cabbage out and it is shown to be dark like chocolate and milk, that much contents of any kind vomited up three and a half hours afterwards would show an

192 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:160 & AMERICAN STATE TRIALS.An insane delusion of a character that tends to steal will not excuse a homicide. The act is to be judged always by the nature of the delusion, and of the facts and circumstances insanely believed to exist, which for this purpose are to be taken by the jury as reality, and the moral and legal status of the act determined accordingly.Another class of cases of insanity that exempts its unfortunate victim from legal accountability is where, in consequence of mental disorder, the person labors under delusions, the necessary tendency

DR GEORGE M NILES, Sworn In For The State, 194th To Testify

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DR. GEORGE M. NILES, sworn for the State in rebuttal.I confine my work to diseases of digestion. Every healthy stomach has a certain definite and orderly relation to every other healthy stomach. Assuming a young lady between thirteen and fourteen years of age at 11:30 April 26, 1913, eats a meal of cabbage and bread, that the next morning about three o'clock her dead body is found. That there are indentations in her neck where a cord had been around her throat, indicating that she died of strangulation, her nails blue, her face blue, a slight injury on the back

193 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLTHE VERDICT AND SENTENCEThe jury retired to consider their verdict. They were out for about an hour, and when they returned, the foreman pronounced the words: "We, the jury, find the prisoner guilty of murder in the first degree, in manner and form as charged in the indictment."The prisoner was required to stand up and receive his sentence. He arose, with his father and mother on each side of him, their arms around his neck.Judge Stone addressed him, saying, "Mr. Worrell, you have appeared before me for the last time. It is

DR JOHN FUNK, Sworn In For The State, 195th To Testify

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DR. JOHN FUNK, sworn for the State in rebuttal.I am professor of pathology and bacteriologist. I was shown by Dr. Harris sections from the vaginal wall of Mary Phagan, sections taken near the skin surface. I didn't see sections from the stomach or the contents. These sections showed that the epithelium wall was torn off at points immediately beneath that covering in the tissues below, and there was infiltrated pressure of blood. They were, you might say, engorged, and the white blood cells in those blood vessels were more numerous than you will find in a normal blood vessel. The

194 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:162 XY. AMERICAN STATE TRIALS.He was afterwards tried and acquitted. He was taken back to Leavenworth, where he attempted to desert a second time.THE EXECUTIONMr. Clark Brown of Union, Mo., who has compiled a History of Franklin County, writes: "There is no local newspaper giving an account of the hanging of Worrell. However, I have the report of eyewitnesses. After the conviction in our circuit court, he was taken to St. Louis for safekeeping. Sheriff R. R. Jones assigned the duty to Deputy Sheriff Amos W. Maupin. George Holtgriewe, who is still living, says

195 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:THE TRIAL OF JOHN HODGES FOR TREASON, BALTIMORE, MARYLAND, 1815THE NARRATIVEDuring the War of 1812, while the British army was retreating from Washington, four stragglers and a deserter were captured by the people of a town in Maryland through which the army passed. Upon discovering this, the British commander sent a demand to the town that the prisoners were to be delivered up at once, or he would return and burn it. A committee of the townspeople decided that they must save it from being laid in ashes, and John Hodges and another were

T Y BRENT, Sworn In For The Defendant, 196th To Testify

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T. Y. BRENT, sworn for the Defendant in sur-rebuttal.I have heard George Kendley on several occasions express himself very bitterly towards Leo Frank. He said he felt in this case just as he did about a couple of negroes hung down in Decatur; that he didn't know whether they had been guilty or not, but somebody had to be hung for killing those street car men and it was just as good to hang one nigger as another, and that Frank was nothing but an old Jew and they ought to take him out and hang him anyhow.CROSS EXAMINATION.I have

M E STAHL, Sworn In For The Defendant, 197th To Testify

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M. E. STAHL, sworn for the Defendant, in sur-rebuttal.I have heard George Kendley, the conductor, express his feelings toward Leo Frank. I was standing on the rear platform, and he said that Frank was as guilty as a snake, and should be hung, and that if the court didn't convict him that he would be one of five or seven that would get him.M E STAHL, Sworn In For The Defendant, 197th To Testify

196 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:164 X, AMERICAN STATE TRIALS.Today, a jury was duly impaneled, and a plea of not guilty was made.Elias Glenn, District Attorney, for the Government.William Pinkney, Thomas Jennings, Upton S. Heath, and John E. Hall for the Prisoner.Mr. Glenn, the District Attorney, opened the case by stating that treason was a crime of the deepest dye, which all nations had punished with exemplary severity. In the United States, he said, it had been limited to two species, namely: levying war, and adhering to the enemy, giving him aid and comfort (Laws U.S., April 1790, Sec.

MISS C S HAAS, Sworn In For The Defendant, 198th To Testify

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MISS C. S. HAAS, sworn for the Defendant, in sur-rebuttal.I heard Kendley two weeks ago talk about the Frank case so loud that the entire street car heard it. He said that circumstantial evidence was the best kind of evidence to convict a man on and if there was any doubt, the State should be given the benefit of it, and that 90 per cent. of the best people in the city, including himself, thought that Frank was guilty and ought to hang.MISS C S HAAS, Sworn In For The Defendant, 198th To Testify

197 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:JOHN HODGESIn George County, some residents of the town of Upper Marlborough captured four stragglers who were following the army. These individuals, along with a deserter, were sent into the interior of the country. As soon as their absence was noticed, the British commander demanded their return, threatening to destroy the town if his demand was not met. Communications passed between the two parties, resulting in the men being restored or placed in a situation where they could be taken by the enemy. In effecting this restoration, the prisoner was among the most active.

You Are There:Atlanta Georgian, June 29th, 1913

  Brilliant Legal Battle Is Sure as Hooper And Arnold Clash in Trial of Leo Frank The Atlanta Georgian Sunday, June 29, 1913 * * Alternate headline from another page is shown in brackets above. By An Old Police Reporter. As deplorable as the Phagan case is in all its melancholy details, it already is evident enough that there will come of it eventually much that the community may be thankful for. In the first place, Atlanta and Georgia, and incidentally the entire South will have learned a good lesson in law and order, justice and fair play, and to

You Are There: Detective Harry Scott’s Testimony as Given Before Coroner’s Jury, Atlanta Journal, May 9th, 1913

Detective Harry Scott's Testimony as Given Before Coroner's Jury Atlanta JournalFriday, May 9th, 1913 An unexpected turn was given to the coroner's inquest into the mysterious murder of Mary Phagan, Thursday afternoon, when Harry Scott, the Pinkerton detective who has been representing that agency in its work on the case, was called to the stand by the coroner. Mr. Scott was in the room at the moment. One new detail that he revealed was in a reply to a direct question from the coroner, when he stated that Herbert Haas, attorney for Leo M. Frank and attorney for the National

You Are There: Felder Barely Missed Being Trapped by His Own Dictograph, Atlanta Journal, May 27th, 1913

Felder Barely Missed Being Trapped by His Own Dictograph Atlanta JournalTuesday, May 27th, 1913 Last week, when the detectives were laying their plans to trap Colonel Thomas B. Felder with a dictograph, they came very near trapping the colonel with his own instrument. The amusing incident, which has just come to light, revolves about Solicitor General Hugh M. Dorsey. Before a dictograph was installed in the Williams house room the city detectives told the solicitor that the attorney was negotiating for the purchase for $1,000 of certain papers in the Phagan case. The solicitor said nothing about the confidences of

You Are There: Indictment of Both Lee and Frank is Asked, Atlanta Georgian, May 23rd, 1913

Indictment of Both Lee and Frank is Asked Atlanta GeorgianFriday, May 23rd, 1913 Great Mass of Evidence Carefully Prepared by Solicitor Submitted to Grand Jury. CRIME STUDIED 3 HOURS, ADJOURNS TILL SATURDAY Utmost Care Taken to Insure Secrecy at the Investigation, Diagram Studied. The Phagan case is now in the process of investigation by the Fulton County Grand Jury. Two bills for indictment of Leo M. Frank and Newt Lee, for the murder of Mary Phagan, were presented before that tribunal at its session Friday morning by Solicitor Dorsey. A host of witnesses gave their testimony. The torn and blood-stained

You Are There: Lawyers Hammer Lee for Two Hours at Monday Afternoon Session, Atlanta Journal, July 29th, 1913

Lawyers Hammer Lee for Two Hours at Monday Afternoon Session Atlanta JournalJuly 29th, 1913 Negro Nightwatchman Who Found Mary Phagan's Body in National Pencil Factory on Stand—Girl's Mother and Newsboy Examined Newt Lee, the negro nightwatchman who found Mary Phagan's body in the pencil factory basement, was hammered by the defense for over two hours, on the witness stand Monday afternoon. Mrs. J. W. Coleman, mother of the murdered child, and George W. Epps, a playmate who came to town with her on the fatal day, testified in that order. Mrs. Coleman being the first witness called to the stand

You Are There: Probe Phagan Case Grand Jury Urged, Atlanta Constitution, May 6th, 1913

Probe Phagan Case Grand Jury Urged Atlanta ConstitutionTuesday, May 6th, 1913 Crime Calls for Your Immediate Attention, Declares Judge Ellis, in His Charge. "The Mary Phagan case calls for your immediate and vigorous attention. The power of the state is behind you. What appears to be an awful crime has been committed, and the welfare of the community, the good name of Atlanta, public justice and the majesty of the law demand at the hands of this grand jury and of all officers of the law the most searching investigation and the prompt bringing to trial of the guilty party."

N SINKOVITZ, Sworn In For The Defendant, 199th To Testify

Has Audio

N. SINKOVITZ, sworn for the Defendant, in sur-rebuttal.I am a pawnbroker. I know M. E. Mc Coy. He has pawned his watch to me lately. The last time was January 11, 1913. It was in my place of business on the 26th of April, 1913. He paid up his loan on August 16th, last Saturday, during this trial. This is the same watch I have been handling for him during the last two years.CROSS EXAMINATION.My records here show that he took it out Saturday.N SINKOVITZ, Sworn In For The Defendant, 199th To Testify

198 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALSTHE WITNESSES FOR THE PROSECUTIONWilliam CatonLast August, I was sent by the governor to Queen Anne on business. There, I saw John Randall guarding some prisoners and a deserter. The two Hodges, the prisoner and his brother, rode up and demanded the prisoners. They said that a detachment of the British army had entered the town the evening before and required the prisoners. They had declared that unless the prisoners were returned before 12 o'clock the next day, they would lay the town in ashes. I told the prisoner that if

199 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:JOHN HODGESBlood would be at our door; I do not know that Hodges was present when this one was stated to be a deserter.Never were people so universally alarmed on God's earth as the people of Upper Marlborough; death and destruction were threatening them every moment if they refused to deliver up these men.Gustavus Hay was called upon by the prisoner to assist in conducting the prisoners to the British lines; at first, he refused. Hodges said an American must do his duty without regard to danger or inconvenience. It was decided that Robert

S L ASHER, Sworn In For The Defendant, 200th To Testify

Has Audio

S. L. ASHER, sworn for the Defendant in sur-rebuttal.About two weeks ago I was coming to town between 5 and 10 minutes to 1 on the car and there was a man who was talking very loud about the Frank case, and all of a sudden he said: "They ought to take that damn Jew out and hang him anyway." I took his number down to report him.CROSS EXAMINATION.I have not had a chance to report since it happened.S L ASHER, Sworn In For The Defendant, 200th To Testify

200 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:168 X, AMERICAN STATE TRIALS.Thomas Holden: I came to Marlborough when the army was halting at Nottingham. I met two gentlemen whom I told I was a deserter from the British; they took me to Dr. Beanes. Afterwards, Lansdale took me to Queen Anne, where I was confined with the others. In the morning, Hodges and another person came to the door. Mr. Sparrow demanded the names of the prisoners and told us we were to be delivered up. I begged them not to give my name; I would certainly be put to death.

201 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:JOHN HODGES169Thomas Sparrow was solicited by F. Rendall to help guard the prisoners. Rendall, Benson, Wells, and myself mounted guard that night. At 12 o'clock, Lansdale came in with a deserter. The next morning, Sunday, the two Hodges came with information of the threat, etc., and required that the men should be delivered up. We went to consult General Bowie, who said it was very hard; that the capture was legal, but he supposed we must submit. There were three prisoners and Tom Holden, the deserter.General Bowie (recalled) stated that Hodges never pressed the

202 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:170 X. AMERICAN STATE TRIALS.Mr. Pinkney: There is no law in this prayer, for it excludes that which is the essence of the offense—intention—and if it were otherwise, the court has no right to instruct the jury as if this were a civil case. No instance has occurred in modern times of an attempt to bind the jury in such a cause by the opinion of the court. What remedy is there for the party if you err? We may appeal to a higher tribunal, it is true; but what is the consequence? The

203 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:JOHN HODGES. 171Given the principles upon which the prosecution was founded, I do not think it necessary to trouble the jury with a refutation of them. I will confine myself, therefore, to a few general observations.Mr. Glenn again proposed his prayer for the consideration of the court.In support of it, he read the following authorities: 1 East. Cro. 170. If the joining with rebels is from fear of present death, and while the party is under actual force, such fear and compulsion will excuse him. However, an apprehension, though ever so well grounded, of

204 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:172 X, AMERICAN STATE TRIALS,In the realm of civil liberty and the law of treason, you will find him perpetually contending, and contending with effect, that although the crown had proved the facts charged, it had not shown the evil design, the corrupt purpose, without which the facts are nothing.Let us hear what he says to the jury in the case of Lord George Gordon:"You must find that Lord George Gordon assembled these men with that traitorous intention—you must find not merely a riotous, illegal petitioning—not a tumultuous, indecent importunity to influence parliament—not the

205 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:JOHN HODGES. 173A man acquitted of treason may not be the enemy of the king, nor the friend of any man who is his enemy.Consider the case of a man who, in time of war, is charged with the defense of an important fortress or castle, which he surrenders to an incompetent force. What more effective means could he have adopted to aid the enemy than the delivery of this stronghold? The books all tell you that if he was bribed to this desertion of his duty, if he did it with a view

206 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:114 X. AMERICAN STATE TRIALSThe counsel were allowed to argue that the letters were transmitted with a good intent, in order to avert the danger of so great a calamity as an invasion. Yet, the motives behind the transmission of these letters were considered corrupt. The Court stated that the jury were to judge from all the circumstances whether the intelligence had been sent with that view.My client is charged, as Stone was charged, with being an adherent; and like him, is entitled to be sheltered by his motives from the imputation of treason.

207 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:JOHN HODGES. 176There was an apprehension, by no means unreasonable, for the quiet and safety of the frightened women and helpless children of the neighborhood, and for the security of the persons and property of the whole district. The treason of adherence cannot be committed by one whose heart is warm with all the honorable feelings of the man and the patriot. "Overt acts undoubtedly do discover the man's intentions; but I conceive they are not to be considered merely as evidence, but as the means made use of to effect the purposes of

208 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:176 X. AMERICAN STATE TRIALS.In addressing a tribunal where these considerations have their full weight, I expect with confidence that the court will vindicate the doctrines which I have had the honor to advance.Dovatn, C. J.: The Court would have been better satisfied if the whole case had been gone through in the usual way, but as the District Attorney has prayed an opinion on the law, I am willing to give him mine.Hodges is accused of adhering to the enemy, and the overt act laid consists in the delivery of certain prisoners. I

209 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:JOHN HODGESIn the hope of deliverance from the danger that encompassed him, I have been disappointed. As if the salvation of the state depended upon the conviction of this unfortunate man—whose situation, one would think, even an inquisitor might deplore—the district attorney has gone out of his way to bring down vengeance upon him. One of the court has told you that he is a traitor, and you ought to find him so.In a case where justice might be expected to be softened into clemency, and even to connive at acquittal, where every generous

210 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:178 X. AMERICAN STATE TRIALS.Stone was acquitted. Has any answer been given to that authority? Has any been even attempted?This indictment charges Hodges with having done certain things wickedly, maliciously, and traitorously. Must not the United States prove what they allege? When the law allows even words to be given in evidence, as explanatory of intention, to exculpate, it admits that exculpation may be made out by proof of innocent motives—that overt acts alone do not furnish a criterion—that concomitant facts, illustrative of the state of the heart, must not be neglected.A military force

211 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:JOHN HODGES. 179Upon a mind which virtuous inducements could betray into error; but in what way we can distort it into treason, I have not yet been able directly to learn.The conduct is in itself treasonable, says the chief justice: it necessarily imports the wicked intention charged by the indictment. The construction makes it treason because it aids and comforts the enemy.These are strong and comprehensive positions; but they have not been proved; and they cannot be proved until we relapse into the gulf of constructive treason, from which our ancestors in another country

212 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:180 X. AMERICAN STATE TRIALS.You could not have failed to be successful. You are charged with his life and honor, because I assured him that the law was a pledge for the security of both. I declared to him that I would stake my own life upon the safety of his; and I declare to you now that you have as much power to shed the blood of the advocate as to harm the client whom he defends.If the mere naked fact of delivery constitutes the crime of treason, why not hang the man

213 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:JOHN HODGESCan it be that your conduct may be separated from your actions, and guilt may be fastened upon your actions, although the heart be innocent?Gentlemen, so solemnly, so deeply, so religiously do I feel impressed with this principle that I know not how to leave the case with you, although at the present moment it strikes my mind in so clear a light that I know not how to make it more clear.If this damnable prosecution should prevail, it would be the duty of the district attorney to instantly arraign General Bowie, one

214 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:THE TRIAL OF LEO M. FRANK FOR THE MURDER OF MARY PHAGAN, ATLANTA, GEORGIA, 1913THE NARRATIVESaturday, April 26, 1913, was Memorial Day, a holiday, and there was no work going on in the National Pencil Company's factory in Atlanta. However, Leo M. Frank, the superintendent, was in his office when, a little after noon, Mary Phagan, a white girl of fourteen years old, whose duty was to attach metal tips to pencils, called to collect some pay that was due her. She had not been at work for a week as the supply of

215 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK. 188When Lee came upstairs to report, Frank, rubbing his hands, met him and told him to go out and have a good time until six o'clock. When Lee returned, Frank changed the slip in the time clock, manifesting nervousness and taking a longer time than usual. When Frank went out of the front door of the factory that afternoon, he met a man named Gantt, whom he had discharged a short time before. Frank looked frightened. Gantt declared he wished to go upstairs and get some shoes he had left there,

216 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:184 X. AMERICAN STATE TRIALS.A hair found on a lathe, examined under a microscope, led to the opinion that it was not hers. Other witnesses claimed they saw blood on the floor near the dressing room, the same place where Conley said he had dragged the body, and noted that it was not there on Friday. Additional witnesses who examined the floor stated that the spots looked like bloodstains, but they were not certain. There was testimony indicating frequent injuries at the factory, and blood was not an uncommon sight. A part of what

217 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 186On the trial, Conley testified that Frank had asked him to come to the factory on Saturday and watch for him, as he had previously done. Conley explained that this meant Frank expected to meet a woman, and when Frank stamped his foot, Conley was to lock the door leading into the factory. When Frank whistled, Conley was to open it. He said he occupied a dark place at the side of the elevator behind some boxes, where he would be invisible. Conley swore that he saw several people, including male

218 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:186 X. AMERICAN STATE TRIALS.Frank denied the truth of Conley's story in its entirety and stated that Mary Phagan came into his office around noon. He claimed that he gave her the envelope and that she left him, and he had not seen her since. To support his character, he introduced nearly one hundred witnesses, including citizens of Atlanta, college mates from Cornell, and professors from that college.The defense also produced the statements and affidavits that Conley had made to law enforcement officers before the trial. In his first statement on May 13, Conley

219 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 187After drinking beer, which had caused him to sweat, Jim Conley was approached by Leo Frank, who asked if he could write. Frank then dictated to Conley three times, informing him that he intended to send the note in a letter to Conley's family, recommending him. Frank questioned, "Why should I hang?" He then took a cigarette from a box and handed the box to Conley. Upon crossing the street, Conley discovered two paper dollars and two silver quarters inside the box, prompting him to exclaim, "Good luck has struck me."At

220 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:188 X. AMERICAN STATE TRIALS.The crowd once again manifested their resentment towards the prisoner; they applauded the state counsel more than once, and the crowd in the streets cheered the prosecuting attorneys as they entered and left the courthouse. When the jury was ready to deliver the verdict, the judge requested that both the prisoner and his counsel be absent from the courtroom when the verdict was rendered, in order to avoid any possible demonstration in the event of an acquittal.The jury returned a verdict of guilty, which was received with cheers by the

221 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 189Leo M. Frank was arraigned on April 26, 1918, in Michigan, where he pleaded not guilty, and his trial commenced on that day. The prosecution was represented by Hugh M. Dorsey, Solicitor General; Frank A. Hooper, and E. A. Stephens, Assistant Solicitors. The defense team included Reuben R. Arnold, Luther Z. Rosser, and Herbert Haas.Defendant in Error. In Error from Fulton Superior Court at the July Term, 1913. Brief of the Evidence.Argument of Hugh M. Dorsey, Solicitor General, Atlanta Judicial Circuit, at the Trial of Leo M. Frank, Charged with the

222 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALSThe following jurors were selected and sworn: F. E. Winburn (foreman), M. S. Woodward, D. Townsend, A. L. Wisbey, W. M. Jeffries, M. Johenning, J. T. Osborn, F. V. L. Smith, A. H. Henslee, W. F. Medealf, C. J. Boashardt, J. F. Higdon.THE WITNESSES FOR THE STATEMrs. J. W. Coleman:I am Mary Phagan's mother. I last saw her alive on April 26, 1913, at home. Around 11:30, she ate some cabbage and bread. She left home at a quarter to 12 to go to the pencil factory for her pay. She

223 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANKI said, "I ain't allowed to let anybody in here after six o'clock." Mr. Frank came busting out of the door and ran into Gantt unexpectedly, and he jumped back frightened. Gantt said, "I got a pair of old shoes upstairs, have you any objection to my getting them?" Frank said, "I don't think they are up there, I think I saw the boy sweep some up in the trash the other day." And he dropped his head down just so, then said, "Newt, go with him and stay with him and

224 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALSThe body was found with a cord around the neck. The tongue was protruding. The scratch pad was also lying on the ground close to the body; the notes were found under the sawdust, near the head. The body was that of Mary Phagan.During cross-examination, Lee told us it was a white woman. We didn't know until the dust was removed from her face and we pulled up the clothes and looked at the skin. There was a pile of trash near the boiler. The hat was on the trash pile,

225 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANKFrank was approached by the undertaking establishment and asked if he would come to see if he knew the young lady. Mr. Frank readily consented, so we got out and went in. The corpse was lying in a small side room to the right of a large room. I didn't see Frank look at the corpse; I don't remember that Mr. Frank ever followed me into this room. He may have stopped outside the door, but my back was toward him; he could not have seen her face because it was lying

226 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALSTo reach the dressing room, one would pass the office from the closets, coming within two or three feet of Mary's machine. Mr. Frank would pass through the metal department, looking around every day.Cross-examined: Standing at the time clock, you can't see into Mr. Frank's private office. A person wouldn't see from Mr. Frank's office anyone coming in or out of the building. I worked at the factory for five years. During that time, Mr. Frank spoke to me three times. I never saw Mr. Frank speak to Mary Phagan or

227 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK195A man who had been discharged on April 7th by Mr. Frank for an alleged shortage in the payroll, and who had known Mary Phagan since she was a little girl, recounted an incident. One Saturday afternoon, Mary came into the office to have her time corrected. After he had finished, Mr. Frank entered and remarked, "You seem to know Mary pretty well," despite not having been told her name. On April 26th, around 6 PM, he saw Newt Lee sitting in front of the factory. Remembering he had left a pair

228 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:196X. AMERICAN STATE TRIALSMr. Frank stated that he was at the factory for a couple of hours. Mrs. White was there at the time, and he informed her that he was going to lock up the factory and that she had better leave. Mrs. White preceded him down the stairway and went on out of the factory, but on the way out, she said she had seen a negro on the street floor of the building behind some boxes. At 1:10 p.m., he left the factory for home and arrived back at the factory

229 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 197I received a grant from Mr. Darley or Mr. Frank. Mr. Frank was present at the time. Mr. Frank told me that when the little girl asked if the metal had come back, he said, "I don't know." It may be true that I swore before the coroner that in answer to that question from Mary Phagan about whether the metal had come yet, Frank said, "No," and it is possible that I so reported to you. If I said "No," I meant "I don't know."Miss Monteen StoverI worked at the

230 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALSI monitor the elevator and freight that come in and out, as well as the people who enter and leave. The elevator was locked on Friday night when I left, but I went off on Saturday and forgot to lock it. I don’t remember stating that I locked it on Saturday; I did say in an affidavit that it is kept locked all the time. I left the factory at 11:45 on Saturday. Around 9:30, Mr. Frank and Mr. Darley went over to Montag Bros. I have seen Gantt talking to

231 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANKG. C. FebruaryI was present at Chief Lanford's office when Leo M. Frank and L. Z. Rosser were there; I took down Mr. Frank's statement stenographically. This (see post, p. 242) is a correct report of what Mr. Frank said. It was made on Monday, April 28th.Albert McKnightMy wife is Minola McKnight. She cooks for Mrs. Selig. Between 1 and 2 on Memorial Day, I was at the home of Mr. Frank to see my wife. He came in close to 1:30. He did not eat any dinner; he went to the

232 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALSThe first floor was cleaned up after the murder.**W. H. Gheesling:** I am a funeral director and embalmer. I moved the body of Mary Phagan at four o'clock in the morning on April 27th. The cord was around her neck, and the rag was around her hair and over her face. I think she had been dead for ten or fifteen hours, or longer. There were some dry blood splotches on her underclothes. The right leg of the drawers was split with a knife or torn right up the seam. Her

233 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANKThe blow was hard enough to have made the person unconscious, but not sufficient to have caused death. Beyond question, she came to her death from strangulation from this cord being wound around her neck. The bruise around the eye was caused by a soft instrument; the injuries to the eye and scalp were caused before death. I examined the contents of the stomach, finding 160 cubic centimeters of cabbage and biscuit, or wheaten bread; it had progressed very slightly towards digestion. It is impossible for one to say absolutely how long

234 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:202X, AMERICAN STATE TRIALS.May 6th or 7th was the first time I knew Mrs. White claimed to have seen a negro at the factory on April 26th.James Conley. I have been working for the pencil company for over two years. On Friday evening, around 3 o'clock, Mr. Frank came to the 4th floor and told me to come to the factory on Saturday morning at 8:30. I arrived at the factory around 8:30, and Mr. Frank and I reached the door at the same time. I always stayed on the first floor and watched

235 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO H. FRANK, 203A while ago, she came into my office and I wanted to be with the little girl, but she refused me. I struck her, I guess too hard, and she fell and hit her head against something. I don’t know how badly she got hurt. Of course, you know I ain't built like other men. I have seen him with women lying on the table in the factory room and in his office with women with their clothes up. He asked me to go back there and bring her up so

236 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALS."Well, I am going home to get dinner, and you come back here in about forty minutes and I will fix the money." I went over to the beer saloon and took the cigarettes out of the box. There was some money there—two paper dollar bills and two silver quarters. I took a drink, laid across the bed, and went to sleep. I didn’t get up until half-past six that night. That’s the last I saw of Mr. Frank that Saturday. I saw him next on Tuesday on the fourth floor

237 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK205Frank, "Is that the nigger?" and Mr. Frank said, "Yes," and she said, "Well, does he talk much?" and he says, "No, he is the best nigger I have ever seen." Mr. Frank called me into the office and gave me $1.25. The next time I watched was on a Saturday about the middle of January. A man and ladies came about half-past two. They stayed there about two hours; I didn’t know either one of the ladies; I can’t describe what either one of them had on. The man was tall,

238 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:206 X. AMERICAN STATE TRIALS.From the basement, it was lying on his desk. He put it in the safe.**Mrs. J. A. White (recalled).** I have seen this man before at police headquarters (indicating Conley) about a month after the murder. At that time, I did not identify him as being the man I saw sitting on the box. The man sitting on the box was about the same size as Jim Conley; I couldn’t state it was Jim Conley.**C. W. Mangum.** Had a conversation with Mr. Frank at the jail about seeing Conley and

239 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO W. FRANK207He ought to be sweeping, down in the shipping room watching the detectives, officers, and reporters; caught him washing his shirt. It looked like he tried to hide it from me.Henry Scott (recalled): I was present when Conley made his statement on May 18. I wrote that myself. He positively denied that he was at the factory on Saturday or that he knew anything about the murder. We tried for hours to get him to confess. The next statement he made was on May 24, and we took him over to Mr.

240 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:208 -AMERICAN STATE TRIALS.We closed the office at 6 o'clock. We never had any women up in the office. We paid off the help on Friday, April 25th; I remember paying Helen Ferguson that day. Nobody came up to ask for Mary Phagan's pay. We had posters all over the factory that Saturday would be a legal holiday and the factory would be closed; I intended to come back to the factory Saturday morning, but I overslept.**Cross-examined.** Mrs. Frank, when they telephoned him about the murder, asked if there had been a fire at

241 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK209It was about 15 minutes to 12 when we left the factory. Mr. Frank was writing when we came into his office. When we left the factory, the following people were still there: Arthur White, Mrs. White, May Barrett, her daughter, Harry Denham, the stenographer, and Mr. Frank.Cross-examined: We met Mr. Holloway as he came out of the factory as we went in. We met Lemmie Quinn afterwards at the Greek Cafe. It took us about 5 minutes to go there and come back to the Greek Cafe. We got a cup

242 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:210AMERICAN STATE TRIALSWe were out of material, and she was laid off for the rest of the week. I have never seen Mr. Frank speak to her. I went to the factory on April 26th to see Mr. Schiff; he was not there. The street doors were open when I got there. I did not see Mary Phagan, nor Jim Conley, nor Monteen Stover. The doors to Mr. Frank's inner and outer office were open. The time I reached Mr. Frank's office was about 12:20. There were no blood spots under the machine where

243 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANKTestimony of a WitnessThey made her get out of bed. They had my husband there to bulldoze me, claiming that I had told him that; I had never told him anything of the kind. I told them right there in Mr. Dorsey's office that it was a lie. They carried me down to the station house in the patrol wagon. They came to me for another statement about half-past 11 or 12 o'clock that night and made me sign something before they turned me loose, but it wasn't true. I signed it

244 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALSCross-examined, Mr. Frank got home about 11 o'clock on Sunday. He told us he had been sent for to come to town. He spoke of a crime having been committed; I asked him what had happened. I don’t remember that he told me about the crime. He did not seem unconcerned about it. I said at the coroner’s that I thought he seemed unconcerned about it; I don’t remember his remarking about the youth of the girl or the brutality of the crime. I don’t think Mr. Frank mentioned the name

245 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO H. FRANK213"There, said, 'I can prove where I was.'"Mrs. E. M. CarsonI worked at the pencil factory. Rebecca Carson is my daughter. I have seen blood spots around the ladies' dressing room three or four times. I saw Jim Conley on Tuesday after the murder. He was sweeping around my table. I said, "Well, Jim, they haven't got you yet," and he said, "No." I said, "Jim, you know Mr. Frank never did that," and he said, "No, Mr. Frank is as innocent as you are, and I know you are."Cross-examinedI have seen

246 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:214X, AMERICAN STATE TRIALS.As he read it, he kind of grinned. He told me he believed Mr. Frank was just as innocent as the angels from Heaven. He was never known to tell the truth; I would not believe him on oath.Cross-examined. I have never heard Mr. Frank accused of any act of immorality or familiarity with the girls in the factory. Jim Conley got two papers from me on Tuesday and Wednesday. I bought them. Jim always seemed to be kind of nervous or half drunk or something. He aroused my suspicions after

247 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. PRANE215Brooklyn, Mr. Moses Frank of Atlanta is my husband's brother; I saw him at Hotel McAlpin in New York City on April 27th and April 28th. The letter you handed me (see post, p. 250) is in my son's handwriting. The word "Yondef" in the letter is Hebrew, meaning "Holiday."Cross-examined, Mr. Frank has no rich relatives in Brooklyn. My brother-in-law, Mr. Bennett, is a clerk earning $18 a week. My son-in-law, Mr. Stearns, is in the retail cigar business. As for my means of support, my husband and I have about $20,000

248 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:216 X, AMERICAN STATE TRIALS.Mrs. A. E. Marcus testified that she is a sister of Mrs. Loo Franc. On Saturday night, she played cards at Mrs. Selig's house where Mr. Frank was present, sitting out in the hall reading. Mr. Frank went to bed after 10 o'clock. She noticed nothing unusual about him; there were no bruises, marks, or signs.Mrs. M. Marows stated that she saw Mr. Frank at half-past 8 in the evening on April 26th at Mrs. Selig's residence. They played cards there, and he stayed in the hall reading. He appeared

249 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK217I saw a colored girl who seemed to have a gash in her head; her mouth was full of sawdust. He described her in a general way but did not say anything to me about an attorney or having been to police headquarters. I had not then employed counsel; my sending Mr. Herbert Haas to see Mr. Frank was not employing counsel. I made no trade with Mr. Haas and don’t know who is paying his fee; I have not contributed anything towards it, nor has the Pencil Company.Truman McCraryI am a

250 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:218 X. AMERICAN STATE TRIALSThere was a lot of blood on the floor, spouting out.Cross-examined, Duffy was short in the metal room on the machine opposite Mary Phagan's machine. The pencil company took a written statement from me, signed by me, to keep the fellow from suing the company. I saw my signature this morning; I have never told you I signed that statement.Arthur Pride worked on the second floor of the factory. On Saturdays, I work all over the factory, doing anything that is necessary, until about half past four. I have never

251 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK219I never saw Mr. Frank bring any women into the factory. I never saw Jim Conley guarding or watching the door. I have seen Jim take newspapers and look at them, but I don’t know if he read them or not.Henry SmithI work at the pencil factory in the metal department with Barrett. He talked to me about the reward; he said it was $4,300, and he thought if anybody got it, he ought to, for he found the blood and hair. He said he ought to get the first shot at

252 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:920 X. AMERICAN STATE TRIALS.The superintendent of the pencil factory, Mr. Frank's character was good.A. D. Greenfield: I am one of the owners of the building occupied by the Pencil Company. I have known Mr. Frank for four or five years. His character is good.Dr. Wm. Owens: I am a physician. At the request of the defense, I went through certain experiments in the pencil factory to ascertain how long it would take to go through Jim Conley’s movements relative to moving the body of Mary Phagan. I kept the time while the other

253 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 221I have been engaged in hospital work for six or seven years and have treated about 14,000 cases of surgery. I have examined the private parts of Leo M. Frank and found nothing abnormal; he is a normal man, sexually. Neither I nor anybody else could give an intelligent opinion of how long that cabbage and wheat bread had been in the stomach before death. Finding the epithelium missing in several places or separated from the wall of the vagina would not indicate any violence done to the subject in life.

254 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALSDr. J.C. Olmstead, a practicing physician for 36 years, stated that given the facts of this case, it would not be possible for a physician to determine whether or not the wound produced unconsciousness before death. Such a wound could have been made within a short while after death. Cabbage like that is liable to obstruct the opening of the pylorus and delay digestion. A microscope examination of parts of the vagina removed from the body showed that the blood vessels were congested, which may be due to menstruation or the

255 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M.PRANE. 223If a body is disinterred at the end of 9 days and the stomach is taken out, and among the contents you find cabbage like that and bits of wheat bread slightly digested, you could not by looking at the cabbage hazard an opinion as to how long before death that had been taken into the stomach.**Alfred Loring Lane.** I am a resident of Brooklyn, N.Y. I knew Leo Frank for 4 years at Pratt Institute, which we both attended. His general character is good.**Philip Nash.** I knew Leo Frank for 4

256 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:224 & AMERICAN STATE TRIALS.Mrs. J. J. Wardlaw worked at the pencil factory. She stated that Mr. Frank's character is good and she has never heard of any improper relations between Mr. Frank and any of the girls at the factory. She has never met Mr. Frank at any time or place for any immoral purpose. Additionally, she has never heard of him putting his arm around any girls on the streetcar or going to the woods with them.THE PRISONER'S STATEMENT.Leo M. Frank addressed the jury, stating, "Gentlemen of the jury: In the year

257 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 225On Saturday, April 26th, I arrived at the factory at about 8:30 a.m. I found Mr. Holloway, the day watchman, at his usual place and Alonzo Mann, the office boy, in the outer office. After describing at length the work I did in my office that morning:About 9 o'clock, Mr. Darley and Mr. Wade Campbell, the inspector of the factory, came into the outer office. I stopped the work I was doing that day and went to the outer office to chat with Mr. Darley and Mr. Campbell for 10 or

258 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:226 X. AMERICAN STATE TRIALS.Mrs. Arthur White wanted to see her husband, so I told Alonzo Mann, the office boy, to call up Mr. Schiff and find out when he was coming down. The answer was that Mr. Schiff would be right down. About this time, Mrs. Emma Clarke Freeman and Miss Corinthia Hall, two of the girls who worked on the fourth floor, came in and asked permission to go upstairs and get Mrs. Freeman’s coat, which I readily gave. At the same time, I told them to tell Arthur White that his

259 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 227I wanted to know when they would have lunch. Minola answered the phone, saying they would have lunch immediately and for me to come right on home. I gathered my papers together and went upstairs to see the boys on the top floor. I saw Arthur White and Harry Denham, who had been working up there, along with Mr. White's wife. I asked them if they were ready to go, and they said they had enough work to keep them busy for several hours. I noticed that they had laid out

260 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:228 X. AMERICAN STATE TRIALS.I went back and wanted to know if they were ready to go, and at that time they were preparing to leave. I immediately went down to my office, opened the safe and my desk, hung up my coat and hat, and started to work on the financial report. Mr. Sebiff had not come down, and there was additional work for me to do.I heard the bell ring on the time clock, and Arthur White and Harry Denham came into the office. Arthur White borrowed $2.00 from me in advance

261 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 229On Saturday, I called the factory and asked Newt Lee if Mr. Gantt had gone again. He said, "Yes." I inquired if everything else was all right at the factory; it was, and then I hung up, had supper, and phoned my brother-in-law, Mr. Ursenbach, to see if he would be at home that evening. He said he had another engagement, so I stayed home reading a newspaper or magazine. Around 8 PM, I saw Minola pass by on her way home. That evening, my in-laws, Mr. and Mrs. Emil Selig,

262 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:230 X. AMERICAN STATE TRIALS.The nostrils and mouth were full of sawdust and swollen, and there was a deep scratch over the left eye on the forehead. Around the neck, there was twine—a piece of cord similar to that used at the pencil factory—and also a piece of white rag. After looking at the body, I identified that little girl as the one who had come up shortly after noon the previous day and got her money from me. We then left the undertaking establishment, got into the automobile, and rode over to the

263 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 231I went to the office where I sat and talked, answering every one of their questions freely and frankly, trying to aid and help them in any way that I could. After staying there for a few minutes, Mr. Darley and I went over to Bloomfield's; they told us somebody was busy with the body at that time and we couldn't see it. So we went over to Montag Brothers and found that nobody was down there. After that, I caught a Georgia Avenue car and rode to the house of

264 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:232 X. AMERICAN STATE TRIALSI was asked a few questions about it, and I said, "What did Newt Lee say?" "Well, Chief Lanford will tell you when you get down there." When I got down to police headquarters, Chief Lanford hadn’t come down yet. I waited around the office possibly an hour, chatting and talking to the officers. Later, Chief Lanford came in and said, "Come here," and beckoned to me. I went with him into his room in his office, and while I was in there, to the best of my recollection, it

265 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 233I called on a detective, preferably a Pinkerton detective, to work with and assist the city detectives in ferreting out the crime. Then I went downtown to the pencil factory, and upon entering the office, I saw the following men there: Mr. Herbert Schiff, Mr. Wade Campbell, Mr. Darley—Mr. Holloway was out in his place in the hall—and Mr. Stelker, Mr. Quinn, and Mr. Ziganke. These foremen were sitting around because we had shut down the factory, as they told me, due to the fact that the plant was wholly demoralized.

266 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:234 X. AMERICAN STATE TRIALS.I went to the top of the elevator shaft, then returned and showed the officer where the slipper had been found, where the hat had been found, and where the little girl's body was located. I showed him, in fact, everything that I could about the pencil factory. On Monday, I arrived at the factory around 8:30 and immediately began my routine work, sending the various orders to the different places in the factory where they were due to go. A little later, Detectives Scott and Black came up to

267 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANKI was introduced to the third degree of the Atlanta police department by detectives Scott and Black, who began questioning Newt Lee. The way Detective Black treated that poor old negro, Newt Lee, was something awful. He shrieked at him, hollered at him, cursed him, and did everything but beat him. Then they took Newt Lee down to a cell, and I went to my cot in the outer room.Before closing my statement, I wish to touch upon a couple of insinuations and accusations, other than the one on the bill of

268 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:236 X, AMERICAN STATE TRIALS.When the negro Conley was arrested, I didn't know anybody had any suspicions about him. His name was not in the papers; I had no inkling that he ever said he couldn’t write. I was sitting in that cell in the Fulton County jail, about April 12th or 14th, when Mr. Leo Gottheimer, a salesman for the National Pencil Company, came running over and said, “Leo, the Pinkerton detectives have suspicions of Conley. He keeps saying he can't write; these fellows over at the factory know well enough that he

269 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 237The room had windows opening onto the street. There was no lock on the door, and I know I never went into that room at any hour when the girls were dressing. Occasionally, I have had reports that the girls were flirting from this dressing room through the windows with men; sometimes the girls would loiter in this room when they ought to have been doing their work. It is possible that on some occasions I looked into this room to see if the girls were doing their duty and were

270 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:238X. AMERICAN STATE TRIALS.O. Jones, Miss Zill Spivey, Charles Lee, N. V. Darley, F. Ziganki, A. C. Holloway, and Minnie Foster testified that they were employees of the pencil company. They knew Leo M. Frank and stated that his general character was good.D. Macintyre, B. Wildauer, Mrs. Dan Klein, Alex Dittler, Dr. J. E. Sommerfield, F. G. Schiff, Al Guthman, Joseph Gershon, P. D. McCarley, Mrs. M. W. Meyer, Mrs. David Marx, Mrs. A. I. Harris, M. S. Rice, L. H. Moss, Mrs. L. H. Moss, Mrs. Joseph Brown, E. E. Fitzpatrick, Emil Dittler,

271 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK239I did it during business hours; I have never met Mr. Frank anywhere, or at any time, for immoral purposes.**Ruth Robinson:** I have seen Leo M. Frank talking to Mary Phagan. He would stand just close enough to her to tell her about her work; he would show her how to put rubbers in the pencils. He would just take up the pencil and show her how to do it; he called her Mary.**Dewey Hewell:** I stay in the Home of the Good Shepherd in Cincinnati. I worked at the pencil factory

272 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALSI waited outside for her two hours, then went in and found Mr. February reading over to her some stenographic statement he had taken. As to whether Minola McKnight did not sign this paper freely and voluntarily, it was signed in my absence while I was at the police station. That paper is substantially the notes that Mr. February read over to her.**Albert McKnight:** This sideboard sits more this way than it was at the time I was there.**Cross-examined:** Don’t know if the sideboard was changed, but it wasn’t sitting like

273 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK244A witness stated in the presence of Miss Haas and other passengers, "There has been so much talk that I don’t know what has been said; I don’t remember saying that I would join a party to help lynch him if he got out."**N. Kelly:** I am a motorman for the Power Company. On April 26th, I was at the corner of Forsyth and Marietta Street about three minutes after 12. I saw the English Avenue car of Matthews and Mr. Hollis arrive at Forsyth and Marietta about 12:03. I knew Mary

274 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:242 X. AMERICAN STATE TRIALS.Based on the evidence I have listened to, I would say that it indicated digestion had been progressing for less than an hour.**Cross-examined:** I couldn’t presume to say how long that cabbage lay in Mary Phagan’s stomach. If it had been a live, healthy stomach and the process of digestion was going on ordinarily, it would be pulverized in four or five hours. It would be more broken up and triturated than it is.Dr. John Funk, an associate professor of pathology and bacteriology, was shown by Dr. Harris sections from

275 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK. 243It was impossible to see the direction she went in when she left the office. I didn’t keep the door locked downstairs that morning because the mail was coming in. I locked it at 1:10 when I went to dinner. Arthur White and Harry Denham were also in the building. They were working on the machinery, doing repair work, and Mrs. White was also in the building. I went up there and told them I was going to dinner and they had to get out, and they said they had not

276 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:244 X, AMERICAN STATE TRIALS.A scratch pad that Conley wrote on; an ordinary white scratch pad.The following affidavit was executed by Minola McKnight:Saturday morning, April 26th, Mr. Frank left home about eight. Albert, my husband, got there about a quarter after one, and he was there when Mr. Frank came for dinner, which was about half-past one. Mr. Frank did not eat any dinner, and he left in about ten minutes. Mr. Frank came back to the house at seven o'clock that night, and Albert was there when he got there.Tuesday, Mr. Frank said

277 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANE, 245I remained at home all Saturday night. At 12 o'clock noon on Sunday, I walked up Mitchell Street and got a cigarette, remaining there until 12:45 p.m. I then returned home and stayed until 6:30 p.m., when I went to my mother's house to get my lunch. After lunch, I returned home and remained there until Monday, April 26th. On April 28th, I reported for work at the pencil factory at 7:05 a.m.STATEMENT OF JAMES CONLEY, MAY 24, 1913On Friday evening before the holiday, around one o'clock, Mr. Frank came up

278 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:246 X. AMERICAN STATE TRIALS.I have made up my mind to tell the whole truth, without the promise of any reward or from force or fear of punishment in any way.I got up Saturday morning, April 26th, between 9 and half-past 9. I went to Potera Street and stopped at the beer saloon, where I bought two beers for myself and gave another fellow a beer. I don’t know what his name was, but they call him Bob. Then I walked up to the Butt-In saloon and shot dice, winning 90 cents. After that,

279 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK. 247"Can you write?" I said, "Yes, sir, I can write a little bit," and then he gave me a pencil that he got off the top of his desk and told me to put on there, "Dear mother, a long tall black negro did this by himself," and when I went to put down "negro," I put it "n-e-g-r-o-s," and he said, "Don't put no 's' there; that means 'negroes,'" and he said, "Now rub the 's' off," and I rubbed the "s" out, and he said, "It means just one

280 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:248 X. AMERICAN STATE TRIALS.I laughed and said, "Good luck has done struck me," and I bought a ten-cent double-header. Then I went back to Peters Street, but none of the boys I ran with were there. I walked up to the moving picture show and looked at the pictures. I got home about half-past 2 o'clock, took the bucket, and went to get fifteen cents' worth of beer. I came back home and sent the little girl to get a dime's worth of stove wood and a nickel's worth of pan sausage. I

281 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 249When he whistled for me, I went upstairs, and he asked me if I wanted to make some money right quick. I told him, "Yes, sir," and he told me that he had picked up a girl back there and had let her fall, and that her head hit against something, he didn't know what it was. He asked me to move her. I hollered and told him the girl was dead, and he told me to pick her up and bring her to the elevator. I told him I didn't

282 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:250 X. AMERICAN STATE TRIALS.Frank looked at it and said it was all right. Mr. Frank looked up at the top of the house and said, "Why should I hang? I have wealthy people in Brooklyn." I asked him what about me, and he told me that was all right about me, for me to keep my mouth shut, and he would make everything all right. Then I asked him where was the money he said he was going to give me, and Mr. Frank said, "Here, here is two hundred dollars," and he

283 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 251THE SPEECHES TO THE JURY**MR. HOOPER FOR THE STATE**August 21Mr. Hooper: Gentlemen of the Jury, the object of this trial, as well as all other trials, is the ascertainment of truth and the attainment of justice. In the beginning, I want to have it understood that we are not seeking a verdict of guilty against the defendant unless he is guilty.The burden of guilt is upon our shoulders—we confront the undertaking of putting it upon his. We recognize that it must be done beyond a reasonable doubt, and that it must

284 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:252 X. AMERICAN STATE TRIALS.We, the prosecution, require evidence, but we are not looking for blood indiscriminately. Our sole aim is to find the slayer of Mary Phagan, and in seeking him, I try as much as possible to feel as though I were one of you twelve jurors.Let's examine the situation on April 26 in the pencil factory. The factory was being run by Sig Montag as its boss, with Frank as its superintendent, assisted by the handsome Mr. Darley and the able Mr. Schiff.As a citizen of Atlanta, I am not proud

285 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK. 253But the defense, on the other hand, were allowed to let down the bars and walk in.That pencil factory was a great place for a man without a conscience. It was a great place for Frank, his handsome assistant, Mr. Darley, and the able Mr. Schiff. We find that Frank had coupled himself up for nightly meetings with Dalton, who now has, it seems, turned respectable. My friends, no doubt, will argue that it was strange a man of such business and social position should consort with such a character. It

286 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:254 X. AMERICAN STATE TRIALS.The attitude of the accused toward his victim is evident in the tall, good-natured Jim Gantt, a friend of Mary. He asks Gantt, "You're pretty thick with Mary, aren't you?" This shows that he knew her and had his eye on her. What happened next? He wanted to get rid of Gantt. How did he go about it? You have seen that previously, he was bragging about Gantt and his ability as a workman. But, just as soon as his eye was set upon the pretty little friend of Gantt,

287 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK. 255Truth is stronger than all the brains and ingenuity that can be collected in this whole town—this state, the world. How they did hate to give up the fight. They lost, and with the loss went the loss of their theory in whole.When all was through, they were forced to sit and leave Jim's truth unassailed. How unfortunate! All they could say was that Jim had been a big liar. That is true. In his first two stories, he lied. But, if I had any comment on Jim Conley, it would

288 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:256 X. AMERICAN STATE TRIALS.On that fateful day, Leo Frank knew the hour. On the previous afternoon, little Helen Ferguson, Mary's chum, had called for Mary's pay, and Frank had told her that Mary should come and get her own pay, breaking a rule of the plant in doing so. He arranged with Jim to hang around and make himself convenient. Jim took his accustomed seat in the hallway. Parties came and went. Jim observed all that happened; he said nothing. Finally, Mary Phagan arrived, beautiful and innocent, coming in her blue frock and

289 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO Hl. FRANE. 257The negro reported hearing a sound that seemed like a laugh broken off into a shriek. It pierced the stillness of the hushed building. Though it was uncanny, he remained seated faithfully, as he was under orders to wait for a signal. That scream was not the signal. Later, Frank would stamp on the office floor.This negro claims that the white man killed the little girl. However, Frank was in his office, preoccupied with his wonderful financial sheet. I will demonstrate how he could have sat at his desk and heard

290 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:258 X, AMERICAN STATE TRIALS.Now, which is more probable—that Jim heard this expression, or that he imagined the story? Did Jim know Frank had relatives in Brooklyn? Did Jim know there was such a place as Brooklyn? Did he know they were rich? And Jim says, with the typical soul of Africa: "What's going to become of me?" Frank says, "I'll take care of you, for I'll write my mother a letter, so that she can help you." He asks Jim if he can write, and Jim tells him a little bit. He wasn't

291 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 269Leo M. Frank was expecting Jim Conley, and he also knew that Newt Lee was coming. Aye, there was the rub! He expected them both, and it depended upon which one arrived first as to how things would go. If Jim got there first and disposed of that body, all right; but suppose Newt Lee got there first! Then was the defendant in the position of Napoleon at the Battle of Waterloo, when he wondered which army would arrive first, and knew that upon this question depended victory or defeat. The

292 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:260 X. AMERICAN STATE TRIALS,The defendant was going to pay a dollar or so. He didn't think that Gantt stole that paltry dollar. He expected him to ask where Mary Phagan was. That, gentlemen of the jury, is why he jumped back when he saw Gantt. But Gantt spoke to the defendant. He just said, "Howdy, Mr. Frank." The defendant felt relieved then. Gantt told him that he had left a pair of shoes in the factory and wanted to get them. But it won't do to let him go in that building now,

293 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANKWe need not delve into many details in this respect. You remember the evidence about honest old Newt Lee's finding the body. That's all we need to know about him. No suspicion attaches to Newt. He notified the police and tried to notify Frank. The police came and took the body of little Mary Phagan to the undertaker's.The police then called up Frank and told him they wanted him. Detective Starnes got mixed up when he told about this on the stand, but he never forgot that when he called Frank up,

294 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:262 X. AMERICAN STATE TRIALS.With a lot of things piled on top of it, he found a bloody shirt! How did it get there? Newt Lee accounts for his time on Sunday. No suspicion attaches to Newt Lee. He is a free man. How did that bloody shirt get there? It had to be planted. Gentlemen, it was planted! Here are the two propositions, gentlemen: If Newt Lee was to be made the scapegoat, suspicion had to be directed to him. Somebody had to plant that suspicion.He would sacrifice Newt Lee that he might

295 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANKHe is the man about whom it appeared that the whole fight would center. If he could convince you that Jim confessed the murder to him, that would let Frank out! Yet where is Mincey? Gentlemen, this has been a long testimony which you have had to sit through, and I do not wish to take up any more of your time than necessary.Gentlemen, the only belief required of you is the same sort of belief that you would have on the street, at your places of business, or in your homes,

296 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:264 X. AMERICAN STATE TRIALS.There are fellows like that streetcar man, Kendley, the one who vilified this defendant here and cried for him to be lynched, and shouted that he was guilty until he made himself a nuisance on the cars he ran. Why, I can hardly realize that a man holding a position as responsible as that of a motorman and a man with certain police powers and the discretion necessary to guide a car through the crowded city streets would give way to passion and prejudice like that. It was a type

297 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK. 265Employees who have worked at the plant for three or four years have been induced to come up here and swear that Frank does not have a good character, but the decent employees down there have sworn to his good character. Look at the jailbirds they brought up here, the very dregs of humanity, men and women who have disgraced themselves and who now have come and tried to swear away the life of an innocent man.I know that you members of the jury are impartial. That's the only reason why

298 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:266 X. AMERICAN STATE TRIALS.In words that burned, I condemned the third-degree methods of the police and detectives. They used those methods with Jim Conley. My friend, Hooper, claimed that nothing held Conley to the witness chair here but the truth, but I tell you that the fear of a broken neck held him there. I think this decision about the third degree was handed down with Conley’s case in mind. I’m going to expose this Conley business before I finish. I’m going to show that this entire case is the greatest frame-up in

299 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 287It's the crime of a cannibal, a man-eater. Hooper is hard-pressed and wants to concoct a plot—he sees he has to come up with something. He forms his plot from Jim Conley's story.They say that on Friday, Frank knew he was going to make an attack of some sort on Mary Phagan. The plot thickens. Of all the wild things I have ever heard, that is the wildest. It is ridiculous. Mary Phagan worked in the pencil factory for months, and all the evidence they have produced that Frank ever associated

300 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:268 X. AMERICAN STATE TRIALS.Never said a word about Mary's envelope. There's your conspiracy, with Jim Conley's story as its foundation. It's too thin. It's preposterous.Then my friend Hooper says Frank discharged Gantt because he saw Gantt talking to Mary Phagan. If you convict men on such distorted evidence as this, you'd be hanging men perpetually. Gantt, in the first place, doesn't come into this case in any good light. It is ridiculously absurd to bring his discharge into this plot of the defense. Why, even Grace Hicks, who worked with Mary Phagan, and

301 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANKEverything brought against Frank was some act he did openly and in broad daylight, and an act against which no objection was made.The trouble with Hooper is that he sees a bear in every bush. He sees a plot in this because Frank told Jim Conley to come back Saturday morning. The office that day was filled with people throughout the day. How could he know when Mary Phagan was coming or how many people would be in the place when she arrived?This crime is the hideous act of a negro who

302 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:270 X. AMERICAN STATE TRIALS.All chips but one were not blood. Dorsey's own doctors have put him where he can't wriggle—his own evidence hampers him! They found blood spots on a certain spot and then had him adapt his story accordingly. They had him put the finding of the body near the blood spots, and had him drop it right where the spots were found.It stands to reason that if a girl had been wounded on the lathing machine, there would have been blood in the vicinity of the machine. Yet, there was no

303 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANKFor instance, this Dalton, who openly claims that he went into the basement with Daisy. I don't believe he ever did, but in such a case, he slipped in. There are some fallen women who can tell the truth. They have characteristics like all other types. We put her on the stand to prove Dalton a liar, and she did it. Now, gentlemen, don't you think the prosecution is hard-pressed when they put up such a character as Dalton? They say he has reformed. A man with thievery in his soul never

304 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:272 X, AMERICAN STATE TRIALS.They planted it, but it does look suspicious. Don’t ask us about a planted shirt; ask Scott and Black.The first thing that points to Conley’s guilt is his original denial that he could write. Why did he deny it? Why? I don’t suppose much was thought of it when Jim said he couldn’t write, because there are plenty of negroes who are in the same situation. But later, when they found he could, and found that his script compared perfectly with the murder notes, they went right on accusing Frank.

305 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 273Leo M. Frank had to tell a lie and put upon someone the burden of instructing him to write the notes. The first statement about them was a blunt lie—a lie in its incipiency. He said he wrote the notes on Friday. This was untrue and unreasonable, and he saw it. Frank could not have known anything of an intended murder on Friday from any viewpoint you might take, and therefore he could not have made Conley write them on Friday. Ah, gentlemen of the jury, I tell you these people

306 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:Q74 X, AMERICAN STATE TRIALS.There is detail enough in the morning, and he admits that they are lies. Now, in his third statement, that of May 28, he changes the time of writing the letters from Friday to Saturday. Here are two pages of what he said, all of which he afterwards said were lies. He says that he made the statement that he wrote the notes on Friday in order to divert suspicion from his being connected with the murder which happened on Saturday. He also says that this is his final and

307 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 216I don't think that Newt killed the girl, but I believe he discovered the body some time before he notified the police. Newt's a good man.Scott said that it took Conley six minutes to write a part of one note. Conley said that he wrote the notes three times.They say that man couldn't lie. Gentlemen, if there is any one thing that man can do, it is to lie. As my good old friend, Charlie Hill, would say, "Put him in a hopper and he'll drip lies!"He was trying to prove

308 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:276 AMERICAN STATE TRIALS.For that statement he put in Frank's mouth, it so happened, though, that Frank really did not have rich relatives in Brooklyn. His mother testified that his father was in ill health and had but moderate means, and that his sister worked in New York for her living.Gentlemen, am I living or dreaming that I have to argue such points as these? This is what you've got to do: You've got to swallow every word that Conley has said—feathers and all, or you've got to believe none of it. How are

309 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANKThe prosecution used profanity and worried him to get a confession. Hooper thinks that we have to break down Conley's testimony on the stand, but there is no such ruling. You can't tell when to believe him; he has lied so much. Scott says the detectives went over the testimony with Dorsey. That's where my friend got into it. They grilled Conley for six hours, trying to impress on him the fact that Frank would not have written the notes on Friday. They wanted another statement. He insisted that he had no

310 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:278 X. AMERICAN STATE TRIALS.That fitted. And Conley changed things every time he had a visit from Dorsey and the detectives. Are you going to hang a man on that? Gentlemen, it's foolish for me to have to argue such a thing.The man that wrote those murder notes is the man who killed that girl. Prove that man was there and that he wrote the notes, and you know who killed the girl. Well, Conley acknowledges he wrote the notes, and witnesses have proved he was there, and he admits that, too. That negro

311 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK. 219The detectives told Conley to swear to this and to swear to that, but they made the suggestions, and Conley knew whom he had to please. He knew that when he pleased the detectives, the rope knot around his neck grew looser. In the same way, they made Conley swear about Dalton, and in the same way about Daisy Hopkins. They didn't ask him about the mesh bag. They forgot that until Conley got on the stand. That mesh bag and that pay envelope furnish the true motive for this crime,

312 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:280 X. AMERICAN STATE TRIALS.Every word on that chart is taken from the evidence, and it will show you that Frank did not have time to commit the crime charged to him. The state has wriggled a lot in this affair; they put up little George Epps, and he swore that he and Mary Phagan got to town about seven after twelve. Then they used other witnesses, and my friend Dorsey tried to boot the Epps boy's evidence aside as though it were nothing. The two streetcar men, Hollis and Mathews, say that Mary

313 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANKHarlee Branch stated that he was present when the detectives made Conley reenact what he claimed had taken place. According to Branch, Conley started at 12:17 and took 50 minutes to complete the motions. The state has attacked nearly everyone we have brought into this case, but they did not attack Dr. William Owen. Dr. Owen's experiments demonstrated that Conley could not have gone through those motions in 34 minutes.Jim Conley declared that he started at four minutes to one o'clock to get the body, and that he and Frank left at

314 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:282 X. AMERICAN STATE TRIALS,Frank couldn't have known that there was enough hatred left in this country against his race to bring such a hideous charge against him. The little girl entered the factory, received her pay, inquired about the metal, and then left. However, there was a black spider waiting down there near the elevator shaft—a great, passionate, lustful animal, full of cheap whiskey and wanting money to buy more. He was as full of vile lust as he was of the passion for more whiskey. The negro (and there are a thousand

315 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK. 283Mrs. Selig and Mr. Selig swore on the stand that they knew Leo Frank came home at 1:20. Of course, Dorsey claims they are Frank's parents and wretched liars when they say they saw him come in at 1:20. According to Dorsey, there's no one in this case that can tell the truth but Conley, Dalton, and Albert McKnight. They are the lowest dregs and jail-birds, but they are the only ones who know how to tell the truth!Albert says he was at the Selig home when Frank came in; of

316 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:284 X. AMERICAN STATE TRIALS.The prosecution introduced witnesses who swore that the woman and Frank had gone into the woman's dressing room when no one was around. I brand it a culmination of all lies when this woman was attacked. Frank had declared her to be a perfect lady with no shadow of suspicion against her.Well, Frank went back to the factory that afternoon after he had eaten his lunch, and he started in and made out the financial sheet. I don’t reckon he could have done that if he had just committed a

317 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK. 285Among the speakers, and but for the masterly effort of my brother, Arnold, I almost wish it had ended with no speaking. My condition is such that I can say but little; my voice is husky and my throat almost gone. But for my interest in this case and my profound conviction of the innocence of this man, I would not undertake to speak at all.I want to repeat what my friend, Arnold, said so simply. He said this jury is no mob. The attitude of the juror's mind is not

318 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:986 X, AMERICAN STATE TRIALS,You can find good men and women in all strata of life, and yet the detectives, working with microscopes and with the aid of my friend, Dorsey, excited almost beyond peradventure, found only two to swear against Frank. They found Dalton and they found Conley. Well, I'll take up Conley at a more fitting time, but Dalton, who is Dalton? God Almighty writes on a man's face, and he doesn't always write a pretty hand, but he writes a legible one. When you see Dalton, you put your hand on

319 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANE. 287Dalton was a member of his race, and he was a thief and worse, if there can be, and yet he joined the church. He joined the church and he's now a decent, believable man. Well, you remember how brazenly he sat here on the stand and bragged of his "peach," how indecently he bragged of his fall; how he gloated over his vices. He was asked if he ever went to that miserable, dirty factory basement with a woman for immoral purposes, and he was proud to say that he

320 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:288 X. AMERICAN STATE TRIALS.Of course, Dalton left an oozy trail behind him; wherever he went, he did that. You can still feel it in this courtroom. Of course, too, Dalton may have gone into the pencil factory that day and left his cozy, slimy trail there, but otherwise, there's nothing against the factory, and you know there's not, for our great quartet—Starnes and Campbell and Black (oh, how I love Black; I always want to put my arms around him whenever I think of him), and Scott, for he was with that crowd;

321 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 289Now, another thing. We didn't have to put Frank's character up. If we hadn't, the judge would have told you that Frank must be presumed to have a good character, and that you did not have the right to ask that question about him. But we thought you were, and we put it up and see what a character the man has. There's not a man in the sound of my voice who could prove a better character. Of course, I mean from the credible evidence, not that stuff of Conley's

322 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:290 X. AMERICAN STATE TRIALS.Mary Wallace, there three days, and Estelle Wallace, there a week, and Carrie Smith, who like Miss Cato, worked there three years. These are the only ones in the hundreds who have worked there since 1908 who will say that Frank has a bad character. Why, you could find more people to say that the Bishop of Atlanta, I believe, had a bad character than have been brought against Frank.You noticed they were not able to get any men to come from the factory and swear against Frank. Men are

323 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK. 201Can such a scene indicate any sign of lascivious lust? I can't see for the life of me where it does. Does what Willie Turner saw, taking for granted he saw it, show that Frank was planning to ruin little Mary Phagan? Does it uphold this plot my friend Hooper had so much to say about? Even with that—considering Willie Turner did see such a thing, there's one fact that takes the sting out of it. He saw it in broad daylight. Frank was with the little girl right in front

324 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:292 X. AMERICAN STATE TRIALS.Though he's a mighty bright man, it is true that some of the pay envelopes were left over on Friday, but he didn't know whose they were. Helen Ferguson says that on Friday she asked for Mary Phagan's pay and that Frank refused to give it to her, saying Mary would come the next day and get it herself. Magnolia Kennedy swears to the contrary. You have one or the other to believe. Consider, though, that this be true! How would Frank know who would be in the factory when

325 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK. 298Some of us are early birds, while others slumber even through the tempting call of the breakfast bell. Would you hang us for that?Then, they say he hired a lawyer, and they call it suspicious—mighty suspicious. They wouldn't have kicked if he had hired Rube Arnold, because Rube has a good character. But they hired me, and they kicked and yelled "suspicions" so loudly you could hear it all the way from here to Jesup's cut. I don't know that I had ever met Frank before that morning, but I had

326 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:294 X. AMERICAN STATE TRIALS.Upon arrest, as they say, the accused were held without the privilege of seeing friends, relatives, or counsel. It was a deplorable state of affairs. What happened?Haas went to the phone and called an older and more experienced head to battle with this police iniquity. Why shouldn't he? Dorsey sees in this harmless message a chance. He snaps at it like a snake. Dorsey is a good man—in his way. He'll be a better man, though, when he gets older and loses some of his present spirit and venom. There

327 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 295What about the Conley story and the Minola McKnight story that are hidden in the still darker recesses of police headquarters?Frank makes his statement and is released. He goes back to the pencil factory, assuming that suspicion has been diverted from him. He thinks of the horrible murder that has been committed in his plant. He telephones Sig Montag about hiring a detective agency to solve the crime. Sig advises him to do it. I don't believe there is any detective living who can consort with crooks and criminals and felons,

328 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:296 X. AMERICAN STATE TRIALS.But I don't want to. This seems to me the most unkindest cut of all. They say that that time slip was planted. They say the shirt was planted. Gentlemen, is there any evidence of this? Let's see about this statement. Black and somebody else, I believe, went out to Newt's house on Tuesday morning and found the shirt in the bottom of a barrel. They brought the shirt back to the police station and Newt said the shirt was his—or it looked like his shirt. Newt Lee had been

329 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK. 297Here is another suspicious thing. Newt Lee came to the factory at four o'clock, and Frank sent the old man away. It was suggested that he was afraid the nigger would find the body, yet when he came back at six, Frank let him stay at the factory when he knew that in thirty minutes Newt was on the job and must go into the basement where they say Frank knew the body was.They say he was laughing at his home. If he had known of the crime of which he

330 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:298 AMERICAN STATE TRIALS.Conley's Proof.None of these individuals ever came forward and said Conley was there and that they were with him. Starnes—and Starnes could find a needle in a haystack, but the Lord only knows what he’d do in an acre—could not find any of these people.Then there was that old negro drayman, old McCrary, the old peg-leg negro drayman, and thank God he was an old-timer, a "fo' de war" nigger. You know Conley, wishing to add a few finishing trimmings to his lines, said that old McCrary sent him down to

331 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK. 299They learned that Conley could write. Frank told them that, you know. Well, I don’t mean to be severe, but they took that negro and gave him the third degree. Black and Scott cursed him. "You black scoundrel," they yelled at him. "You know that man never had you come there and write those notes on Friday!" And the poor negro, understanding and trying to please, said, "Yes, boss, that's right, I was there on Saturday." And so they went on and got first one affidavit and then another out of

332 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:300 X. AMERICAN STATE TRIALS.Dorsey did, only he gave him several lessons, and they must have been just sort of finishing touches before he got his degree. Well, in the university course, they didn't dare put the steps in writing, as they had done in the high school; it would have been too easy to trace from step to step, the suggestions made, the additions and subtractions here and there.Professor Dorsey had him seven times, I know that, but God alone knows how many times the detectives had him. Was it fair to take

333 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK. 301You must do what you must do—you must make Minola's husband a perjurer, and that would be terrible.You know about that Minola McKnight affair. It is the blackest of all. A negro woman was locked up from the solicitor's office, not because she would talk—she's given a statement—but because she would not talk to suit Starnes and Campbell. And two white men, to their shame, got her into it. Where was Chief Beavers? What was he doing that he became a party to this crime? Beavers, who would enforce the law;

334 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:302 XY. - AMERICAN STATE TRIALS"The benches always stuck it out, but they were screwed to the floor." You gentlemen have been practically in that fix, but I feel, nevertheless, that you have been peculiarly kind, and I thank you.THE SOLICITOR GENERAL FOR THE STATEMr. Dorsey: Gentlemen of the Jury, this case is not only, as His Honor has told you, important, but it is extraordinary. It is extraordinary as a crime—a most heinous crime, a crime of a demoniac, a crime that has demanded vigorous, earnest, and conscientious effort on the part of

335 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK. 308Did we hear cries of prejudice when we arrested Gantt, when we arrested Lee, when we arrested others? No, the prejudice came when we arrested this man, and never until he was arrested was there a cry of prejudice.Those gentlemen over there were disappointed when we did not pitch our case along that line, but not a word emanated from this side, showing any prejudice on our part, showing any feeling against Jew or Gentile.We would not have dared to come into this presence and ask for the conviction of a

336 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:804 XY, AMERICAN STATE TRIALS.The Honorable Judge will charge you that you should not convict this man unless you think he is guilty beyond a reasonable doubt.A great many jurors, gentlemen, and the people generally get an idea that there is something mysterious and unfathomable about this reasonable doubt proposition. It's as plain as the nose on your face. The text writers, lawyers, and judges go around in a circle when they undertake to define it; it's a thing that speaks for itself, and every man of common sense knows what it is, and

337 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANE. 305Circumstantial evidence can be as reliable as direct evidence. Eminent authorities have shown that in many cases, circumstantial evidence is more certain than direct evidence. A conviction can be established more effectively by a large number of witnesses providing circumstantial evidence and incidents pointing to guilt than by the testimony of a few witnesses who may have been eyewitnesses to the actual deed.In this case, we have both circumstantial evidence and an admission. With reasonable doubt as a basis, the evidence shows such consistency that a reasonable conclusion is all that

338 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:306 X. AMERICAN STATE TRIALS.The defendant is presumed to have a good character. Had he not put his character in issue, it would have been presumed, and the State would have been absolutely helpless in proving that this man was not as good a man as lived in the City of Atlanta. It's a mighty easy thing, if a man is worth anything, if a man attains to any degree of respectability, to get someone to sustain his character. However, it's the hardest thing known to a lawyer to get people to impeach the

339 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 307I am at ease, and I know the conscience that abides in the breast of honest, courageous men.Now, the book says that if a man has good character, nevertheless it will not hinder conviction if the guilt of the defendant is plainly proved to the satisfaction of the jury—as it was in the Durant case. I submit that, character or no character, this evidence demands a conviction. And I'm not asking you for it either because of prejudice—I'm coming to the perjury after a bit. Have I so forgotten myself that

340 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:308 XY. AMERICAN STATE TRIALS."We did exercise that right in the examination of one witness, but knowing that we couldn't put specific instances in unless they drew it out, I didn't want even to do this man the injustice, so we suspended, and we put it before this jury in this kind of position—you put his character in, we put up witnesses to disprove it, you could cross-examine every one of them and ask them what they knew and what they had heard and what they had seen; we had already given them enough

341 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK. 309Is it possible for someone to have the audacity and passion to come up here and swear that that man's character is bad if it is not true? I tell you it can't be done, and you know it.Ah, but on the other hand, Doctor Marx, Doctor Sonn, and all these other people, as Mr. Hooper said, who run with Doctor Jekyll, don't know the character of Mr. Hyde. And he didn't call Doctor Marx down to the factory on Saturday evenings to show what he was going to do with

342 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:310 X. AMERICAN STATE TRIALS.He says, "You tell me to go up there to the girls' dressing room, shove open the door and walk in as a part of his duty, when he has foreladies to stop it? No, indeed." And old Jim Conley may not have been as far wrong as you may think. He says that somebody went up there that worked on the fourth floor, he didn’t know who. This man, according to the evidence of people that I submit you will believe, notwithstanding the fact that Mr. Reuben R. Arnold

343 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 311According to the law, they had the right to delve into that character, and you saw that on cross-examination they dared not do it. I have here an authority that puts it right squarely: "Whenever anyone has evidence (83 Ga., 581) in their possession, and they fail to produce it, the strongest presumption arises that it would be hurtful if they had, and their failure to produce evidence is a circumstance against them."You don't need any law book to know that this is true, because your common sense tells you that

344 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:312 X. AMERICAN STATE TRIALS.He appeared on the outside as a whited sepulcher, but was as rotten on the inside as it was possible to be.So, he has no good character, I submit, and never had it; he has a reputation—that's what people say and think about you—and he has a reputation for good conduct only among those people who don't know his character. But suppose that he had a good character; that would amount to nothing. David of old was a great character until he put old Uriah in the forefront of battle

345 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK, 313The case culminated in sending him to prison for three long years. He was the man who led the aesthetic movement; he was a scholar, a literary man, cool, calm, and cultured. As I say, his cross-examination is a thing to be read with admiration by all lawyers, but he was convicted, and in his old age, went tottering to the grave, a confessed pervert. Good character? Why, he came to America after having launched what is known as the 'Aesthetic movement' in England, and throughout this country lectured to large

346 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:314 X. AMERICAN STATE TRIALS.It is courageous enough to let that man who had taken that poor girl's life to save his reputation as the pastor of his flock go, and it is an illustration that will encourage and stimulate every right-thinking man to do his duty. Then, there's Beattie. Henry Clay Beattie, of Richmond, of a splendid and wealthy family, proved to be of good character, though he didn't possess it. He took his wife, the mother of a twelve-month-old baby, out automobiling and shot her; yet that man, looking at the blood

347 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:LEO M. FRANK. 315I want to read you a definition that an old darkey gave of an alibi, which I think illustrates the idea. Rastus asked his companion, "What's this here alibi you hear so much talk about?" And old Sam says, "An alibi is proving that you was at the prayer meeting, where you wasn't, to show that you wasn't at the crap game, where you was."Now, right here, let me interpolate, this man never made an admission, from the beginning until the end of this case, except when he knew that someone

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