Author: Historical Librarian


Saturday, 9th May 1914: Burns And Lehon Are Summoned On Contempt Charge, The Atlanta Journal

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The Atlanta Journal,Saturday, 9th May 1914,PAGE 1, COLUMN 7.Detectives Must Explain Why They Sent Annie Maud Carter, Frank Case Witness, Out of Court's JurisdictionMotion to Set Aside Verdict is PostponedA hearing will be taken up next Saturday. Judge closely questions Negress about who furnished money.Judge Ben H. Hill, of the criminal division of superior court, Saturday morning cited William J. Burns and Dan S. Lehon to appear before him next Tuesday to answer a charge of contempt of court for sending Annie Maud Carter, a negro witness in the Frank case, out of the state. The action was taken after

Saturday, 9th May 1914: Conley Confession Witness Is Called By Hugh M. Dorsey, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 9th May 1914,PAGE 1, COLUMN 1.Annie Maud Carter is due for a long and severe grilling before Judge Ben Hill today. Solicitor General Dorsey will ask for an explanation of the Conley letters. Dorsey has also requested a delay in the hearing of the petition to set aside the Frank verdict.Solicitor Dorsey will spring another sensation in the Frank case this morning when he orders Annie Maud Carter before Judge Ben Hill at 11 o'clock for a rigid examination in reference to her testimonies to the effect that Jim Conley confessed to her the murder of Mary

Sunday, 10th May 1914: Burns Expected Back To Face Contempt Charge, The Atlanta Journal

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The Atlanta Journal,Sunday, 10th May 1914,PAGE 15, COLUMN 3.Detective May Return Voluntarily If Wife's Condition Will PermitWilliam J. Burns will likely return to the city voluntarily to face charges of contempt of court, brought against him and his chief lieutenant, Dan S. Lehon, by Judge Ben H. Hill of Superior Court. At the office of his Agency here, it was stated he is now in New York City at the bedside of Mrs. Burns, who is critically ill. If her condition shows improvement, he will probably return.The law firm of Little, Power, Hooper & Goldstein, one member of which, Frank

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

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The Atlanta Constitution,Sunday, 10th May 1914,PAGE 2, COLUMN 1.Following the testimony of Annie Maud Carter, Detective William J. Burns has been ordered to appear before Judge Ben Hill on Tuesday at 10 o'clock. He must show cause as to why he should not be adjudged in contempt of court for sending Carter, a Negro witness, out of the court's jurisdiction. Burns' chief aide, Dan S. Lehon, has also been cited to appear at the same time. This action followed the examination of Carter by Solicitor Dorsey before Judge Hill on Saturday morning. A Rule Nisi was issued against both Burns

Monday, 11th May 1914: Case Of Burns And Lehon Is Postponed, The Atlanta Journal

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The Atlanta Journal,Monday, 11th May 1914,PAGE 20, COLUMN 1.The contempt proceedings against Wm. J. Burns and Dan S. Lehon, his chief aide in the Frank investigation, originally set for Tuesday morning, have been postponed until next Friday morning. Burns is currently in New York at the bedside of his wife, who is said to be seriously ill, but he expects to reach the city by Friday. For this reason, Judge Hill, who initiated the proceedings following the examination of Annie Maud Carter, a Negro witness in the case, has allowed the postponement. Carter stated that Burns and Lehon suggested she

Tuesday, 12th May 1914: Hugh M. Dorsey, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 12th May 1914,PAGE 3, COLUMN 1.Hugh M. Dorsey, the present Solicitor General of the Atlanta judicial circuit, is a man whose rise and recognition by the public within the past few years has been spectacular. His appointment in 1910 to fill the unexpired term of the late Charlie D. Hill as Solicitor of the Atlanta circuit marked the beginning of his public career. In 1912, the stamp of approval was put upon his work as Solicitor General by his overwhelming election to serve the full term of four years, carrying every ward in Atlanta and every precinct

Wednesday, 13th May 1914: Frank Case Will Be Taken Up Wednesday, The Atlanta Journal

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The Atlanta Journal,Wednesday, 13th May 1914,PAGE 20, COLUMN 1.Motion to Set Aside VerdictThe motion to set aside the verdict of guilty against Leo M. Frank on the ground that he was not in the courtroom when it was rendered has been postponed from Saturday morning to next Wednesday afternoon at 3 o'clock. Attorneys for Frank, due to interruptions during Shrine week, asked the solicitor general and Judge Hill on Wednesday morning if they would agree to a continuance. Both agreed.The contempt proceedings against William J. Burns and his chief aide in the Frank investigation, Dan S. Lehon, are still set

Thursday, 14th May 1914: Leo Frank Hearing Set For Wednesday, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 14th May 1914,PAGE 7, COLUMN 3.The motion to set aside the Leo Frank verdict, filed by Tye, was postponed from next Saturday until Wednesday. On that day, it will be given a hearing before Judge Ben Hill. Solicitor Dorsey has been working vigorously in preparing his counter-showing that Frank's constitutional rights were not denied. He argues that Frank was well aware that his presence had been waived from the courtroom and that he was desirous that the waiver be made.Thursday, 14th May 1914: Leo Frank Hearing Set For Wednesday, The Atlanta Constitution

Friday, 15th May 1914: Acquittal Is Expected For Burns And Lehon, The Atlanta Journal

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The Atlanta Journal,Friday, 15th May 1914,PAGE 2, COLUMN 3.Detectives' Answer to Contempt Charge Probably Will Clear ThemThe hearing of the charge of contempt of court against William J. Burns and Dan S. Lehon, his lieutenant in the Frank investigation, which was set for Friday, was postponed until next week, with no definite date fixed. Lehon and Burns, through their attorneys, Little, Powell, Hooper & Goldstein, have filed an answer to the contempt charge, which attorneys generally believe fully purges them of any contempt, even if there was a prima facie case against them. As a result, it is expected the

Saturday, 16th May 1914: Lehon Contempt Trial Is Postponed By Hill, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 16th May 1914,PAGE 3, COLUMN 1.Detective Dan S. Lehon, an aide to William J. Burns, filed an explanation with his attorneys on Friday regarding his action in removing Annie Maud Carter, the Negro woman witness in the Frank case, from the jurisdiction of Fulton County superior court. Lehon appeared before Judge Ben Hill that morning to respond to a demand to show cause why he should not be adjudged in contempt of court for the removal of Carter. However, the hearing was postponed indefinitely due to the sudden illness of Judge Hill.In his reply, Lehon asserts that

Saturday, 16th May 1914: Will Hear Charges In Frank Case Monday, The Atlanta Journal

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The Atlanta Journal,Saturday, 16th May 1914,PAGE 1, COLUMN 5.Coercion of Witnesses, Perjury, and Bribery Charges to Be DiscussedThe venire of 36 members from which the 23 grand jurors who will make the probe of the charges and counter charges of perjury, bribery, and coercion of witnesses in the Frank Case, has been drawn. The new Grand Jury will be empanelled on Monday morning, and then Judge Ben H. Hill, of the criminal division of the Superior Court, will deliver his charge, ordering a probe of the Frank Case.Probably the first case to be taken up will be the C. B.

Sunday, 17th May 1914: Grand Jury To Probe Frank Case This Week, The Atlanta Journal

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The Atlanta Journal,Sunday, 17th May 1914,PAGE 30, COLUMN 1.Charges of Bribery and Perjury Will Be Given Thorough InvestigationE. A. Stephens, first assistant Solicitor General, will have active charge of the bribery and perjury prosecutions, growing out of the Frank case, which will be inaugurated before the grand jury this week. Solicitor Hugh M. Dorsey will be engaged in Superior Court, which will be in session for several weeks, and he has largely placed the bribery and perjury prosecutions in the hands of Mr. Stephens. When the new grand jury is empanelled next Monday, it will be charged by Judge Ben

Monday, 18th May 1914: “famous Sleuth” Is Scored From Bench By Judge B. H. Hill, The Atlanta Journal

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The Atlanta Journal,Monday, 18th May 1914,PAGE 1, COLUMN 1.In a significant development during Judge Benjamin H. Hill's charge to the grand jury on Monday morning, he demanded a thorough investigation into bribery and other allegations stemming from the Frank case. While not explicitly naming Detective W. J. Burns, Judge Hill made it clear that his remarks targeted this detective when he criticized "famous sleuths" for seeking "not the truth, but money and notoriety." He labeled these detectives as a "menace to justice" and stated that their actions justifiably aroused public indignation.After the new grand jury was empaneled in the criminal

Monday, 18th May 1914: Probe Begins Today Of Perjury Charges, The Atlanta Constitution

The Atlanta Constitution,Monday, 18th May 1914,PAGE 1, COLUMN 2.Judge Hill is expected to charge the new Grand Jury to conduct a thorough investigation when he addresses them this morning in the Criminal Division of Fulton Superior Court. It is understood that he will deliver specific instructions regarding the perjury charges that have been filed by Solicitor Dorsey against witnesses in the Frank Case. These cases are expected to be among the first considered by the Grand Jury.The charges will be presented to the Grand Jury by Solicitor Dorsey and his assistant, A. E. Stephens. The material evidence will include numerous

Tuesday, 19th May 1914: Grand Jury To Hold First Meet Wednesday, The Atlanta Journal

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The Atlanta Journal,Tuesday, 19th May 1914,PAGE 10, COLUMN 4.The new Fulton County Grand Jury will hold its first meeting on Wednesday since it was charged by Judge Ben H. Hill to probe the bribery and perjury charges in the Frank Case. Only routine bills against accused people, now in jail, have been prepared for the session, and it is probable that the probe of the Frank Case charges will not commence for several days.Many of the jail cases can be rapidly disposed of by the court, which is now in session, if indictments are returned. As a result, it is

Tuesday, 19th May 1914: Lehon Contempt Trial Up Today, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 19th May 1914,PAGE 1, COLUMN 5.Judge Hill Plays Detective: Burns in His Charge Before Grand Jury Calls for Indictments Against PerjurersFollowing an indirect but unmistakable denunciation of Detective William J. Burns by Judge Ben Hill, it was announced yesterday that the contempt proceedings against Dan S. Lehon, of the Burns Organization, would be held before Judge Hill this morning at 10 o'clock. The occasion of the judge's attack upon the nationally famous sleuth was his charge to the grand jury Monday morning when that body organized in their offices in the Thrower building. Judge Hill commanded that

Wednesday, 20th May 1914: Indictments Will Be Considered By Jury, The Atlanta Journal

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The Atlanta Journal,Wednesday, 20th May 1914,PAGE 4, COLUMN 6.Bills Growing Out of Rehearing of Frank Case Will Be Discussed FridayBills of indictment growing out of the hearing on the extraordinary motion in behalf of Leo M. Frank for a new trial will be considered by the Fulton grand jury at its session beginning Friday morning at 10 o'clock. This became known on good authority Wednesday following adjournment by the grand jury until that day and hour. Assistant Solicitor E. A. Stephens, who is to have charge of the matters before the grand jury, is engaged now in preparing a number

Wednesday, 20th May 1914: W.j. Burns Loses Permit Of Board To Operate Here, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 20th May 1914,PAGE 1, COLUMN 7.With but one dissenting vote, the Board of Police Commissioners last night revoked the permit of the William J. Burns Detective Agency to operate in Atlanta. A recommendation will be sent to the Council at its regular meeting next Monday that the Burns Agency be deprived of authority to operate, and that the license issued to the concern be rescinded.A resolution was presented and adopted alleging that the Burns Agency had violated numerous clauses of the compact made between the management of the agency and the police commissioners at the time application

Thursday, 21st May 1914: Bills Of Indictment Drawn In Frank Case, The Atlanta Journal

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The Atlanta Journal,Thursday, 21st May 1914,PAGE 4, COLUMN 6.Several persons who figured in the Frank case are believed to have left Atlanta, while the solicitor's office remains tight-lipped about the situation. It is known, however, that bills against several individuals involved in the case are being prepared for presentation to the grand jury, likely on Friday. As a result, the probe of the case is expected to begin before the grand jury on that date. It is generally expected that following the charge of Judge Ben H. Hill, the grand jury will begin with an investigation of the C. B.

Thursday, 21st May 1914: Witnesses Said To Be Departing, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 21st May 1914,PAGE 1, COLUMN 2.It has been reported that several individuals involved in alleged perjury and bribery efforts related to the Frank case have left for parts unknown. Rumors have reached the office of Solicitor Dorsey that some of the accused investigators and witnesses have departed, facing indictments being drawn by Assistant Solicitor E. A. Stephens. An investigation into these reports is underway, and a vigorous effort will be made to produce all persons against whom grand jury action will be taken. Dorsey declined to comment on the rumor to a reporter for The Constitution yesterday

Friday, 22nd May 1914: Five Men Indicted On Perjury Charge In Leo Frank Case, The Atlanta Journal

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The Atlanta Journal,Friday, 22nd May 1914,PAGE 1, COLUMN 3.Ragsdale, Barber, Lehon, Thurman, and Tedder Named in True Bills Found by the Grand JuryDaniel S. Lehon, lieutenant of Detective W. J. Burns in the Frank case; Carlton C. Tedder, formerly a member of the city police force, latterly engaged as a private detective; and Arthur Thurman, a lawyer of Atlanta, were indicted Friday by the Fulton grand jury for subornation of perjury. Rev. C. B. Ragsdale, a minister, who gave an affidavit to the defense that he heard one of two Negroes in an alley confess to the murder of Mary

Friday, 22nd May 1914: Grand Jury Probe Will Begin Today, The Atlanta Constitution

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The Atlanta Constitution,Friday, 22nd May 1914,PAGE 5, COLUMN 1.E. A. Stephens, Assistant Solicitor General, will present all bills to probers this morning. It is expected that when the Grand Jury convenes today, the charges growing out of the Frank Case against various persons connected with it will be presented for a thorough probe. The Solicitor has made no statement to the effect that the probe will be taken up today, but it is known that bills are being prepared, and there is a feeling prevalent at the courthouse that these bills will see the light of day in the Grand

Saturday, 23rd May 1914: Judge Hill Postpones Burns And Lehon Trial, The Atlanta Journal

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The Atlanta Journal,Saturday, 23rd May 1914,PAGE 1, COLUMN 5.Contempt Case Delayed Because Counsel for Detectives Will Be Out of CityJudge Ben H. Hill postponed the trial of the contempt cases against Detective W. J. Burns and his assistant Dan S. Lehon on Saturday morning. The postponement was necessitated because Judge Arthur Powell, counsel for the two detectives, was out of the city and engaged in the trial of another case before a different court. No date has been fixed for the hearing, but it is likely to occur sometime next week. Burns and Lehon have been cited by Judge Hill

Saturday, 23rd May 1914: State Cases Are Planned Against Burns Operators By The Police Commission, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 23rd May 1914,PAGE 1, COLUMN 1.Dan Lehon, Charles Sears, and four assistants were placed under bond for appearance before Recorder Broyles on Tuesday. Burns is expected today to defend his course, declares Dan Lehon. Detectives were given no opportunity to speak at the meeting of the police board last night. Burns workers were indicated by the grand jury.In double-quick time last night, the police board railroaded through the report of the special committee appointed to investigate the alleged illegal operation of the Burns agency and several aides in the city, recommending that police cases be docketed against

Sunday, 24th May 1914: Our Record Clean, Asserts Dan Lehon, The Atlanta Constitution

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The Atlanta Constitution,Sunday, 24th May 1914,PAGE 28, COLUMN 1.Says They Could Have Escaped Trouble by Asserting Frank's Guilt, But It Would Have Violated Their Convictions.Asserting that if he and Detective Burns were as questionable as they are accused by the police, it would have been an easy matter for them to have announced that Leo Frank was guilty and thereby escaped the prosecutions that are being waged against them, Dan S. Lehon has issued through The Constitution a statement to the public. Lehon accuses Chief Beavers and Chief Lanford of inconsistency, in that they announced publicly that they would gladly

Monday, 25th May 1914: Frank Appeal May Be Signed Tuesday, The Atlanta Journal

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The Atlanta Journal,Monday, 25th May 1914,PAGE 16, COLUMN 3.Bill of Exceptions Likely to be Presented Late TomorrowIndications were, on Monday, that it will be late Tuesday afternoon before the bill of exceptions, on which the extraordinary motion for a new trial for Leo Frank on the ground of new evidence will be based, is presented to Judge Ben H. Hill for his signature. Tuesday is the last day on which the appeal can be made by the defense. The bill of exceptions must be accompanied by a brief of the evidence, and the Solicitor objected last Saturday to the signing

Tuesday, 26th May 1914: Burns’ Men Fight Effort To Shut Up Offices In Atlanta, The Atlanta Journal

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The Atlanta Journal,Tuesday, 26th May 1914,PAGE 1, COLUMN 1.Ordinance Requiring Supervision of City Police Assailed as Unconstitutional in Answer to RecorderCharge Compliance Was Impossible PropositionDetectives say one of their duties in the Frank case was to probe alleged acts of local police.Following the dismissal of the contempt proceedings against William J. Burns and his chief lieutenant, Dan S. Lehon, in the Superior Court, Lehon and other members of the Burns Agency went before the Recorder's Court at 2:30 o'clock Tuesday afternoon to vigorously fight the case made against them for working as detectives without reporting first to the police authorities.A

Tuesday, 26th May 1914: Council Revokes License Of Burns, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 26th May 1914,PAGE 1, COLUMN 4.Recommendation of Police Board Adopted: Broyles Tries Cases Against Detective's Agents Today.Because of alleged failure to cooperate with the local police and for violating his pact with the Police Commission, C. E. Sears, the right-hand man of Detective William J. Burns, will not, in the future, operate with the sanction of Atlanta's General Council. Acting on the recommendation of the Police Board, the Council Monday afternoon approved the revocation of the license under which Detective Sears now operates as the Personal Representative in Atlanta of the William J. Burns Detective Agency. The

Wednesday, 27th May 1914: Burns Agent Here Is Fined And Bound Over, The Atlanta Journal

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The Atlanta Journal,Wednesday, 27th May 1914,PAGE 2, COLUMN 1.Judge Broyles ordered Dan S. Lehon, Burns' chief aide, to pay $100 and costs for violating a city ordinance. Lehon was also held for the state under a $500 bond, charged with violating section 37 of the State Code. This action took place in the Recorder's Court on Tuesday afternoon, marking another step in the prosecution of the Burns Agents.The cases against five other Burns Agents, originally set for trial on Tuesday, were postponed until Wednesday afternoon due to the time required to hear Lehon's case. Judge Arthur Powell, representing the Burns

Wednesday, 27th May 1914: Lehon Is Fined $100 And Costs And Bound Over, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 27th May 1914,PAGE 1, COLUMN 1.Burns Detective Will Take Case to Higher Courts to Test the Constitutionality of the City Ordinance. Contempt Cases Are Dismissed by Hill. Motion to Upset the Frank Verdict Will, in All Probability, Be Again Postponed When Case Comes Up.Dan S. Lehon, southern manager of the Burns International Detective Agency, was fined $100 or thirty days in the city stockade by Judge Nash Broyles on Tuesday afternoon for violating sections 2025, 2026, and 2027 of the city code, which prohibit the operation of private detectives in the city without first securing the consent

Thursday, 28th May 1914: More Burns Agents Are Fined And Bound Over, The Atlanta Journal

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The Atlanta Journal,Thursday, 28th May 1914,PAGE 2, COLUMN 1.Rogers, Whitfield, and Tedder Each Fined $100 and Held for StateThree more Burns agents were heavily fined in the Recorder's Court Wednesday afternoon and bound over to the state courts charged with operating as private detectives without the proper legal authority. The men arraigned Wednesday were W. W. (Boots) Rogers, L. C. Whitfield, and Carlton C. Tedder, and they were fined $100 and costs each and bound over to the state courts under $200 bonds each. Tuesday afternoon Dan S. Lehon, chief aide of William J. Burns, was fined $100 and costs

Thursday, 28th May 1914: Three Burns Aides Fined And Bound Over By Recorder, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 28th May 1914,PAGE 1, COLUMN 1.Detectives Charged with Operating in Atlanta Without PermissionDetectives from the Burns Detective Agency, including W. W. ("Boots") Rogers, have been charged with operating in Atlanta without the permission of the Police Board and the Chief of Police. Rogers, who has been assisting Dan S. Lehon, the southern manager of the Burns International Detective Agency, in investigating alleged illegal and "frame-up" methods used by the Atlanta Police to secure evidence against Leo M. Frank, convicted of the murder of Mary Phagan, was fined $100.75 by Recorder Nash Broyles in Police Court and bound

Saturday, 30th May 1914: Negro Cuts Detective In Effort To Escape, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 30th May 1914,PAGE 10, COLUMN 2.John Black was stabbed in an encounter with a desperate shoplifter. Chief Detective John Black, a prominent figure in the Leo Frank murder case and one of the city's sleuths detailed on the Phagan murder investigation, received several severe cuts on Friday morning in a terrific struggle with a Negro shoplifter whom he had just arrested in a Decatur Street store at the corner of Bell Street. Detective Black received one cut across his face, which will probably mark him for life. He was stabbed by the Negro prisoner in several places

Saturday, 30th May 1914: Sunday Music First Universalist Church, The Atlanta Journal

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The Atlanta Journal,Saturday, 30th May 1914,PAGE 5, COLUMN 1.Prelude Cantilene Nuptiale, Dubois."The Lord is My Shepherd," Pullin.Offertory Serenade, Braga."Hark, Angelic Voice," Shelley, performed by Miss Martha E. Smith and Mrs. Lawrence Elder.Postlude Lemaigre.Miss Annie Mae Taurman, organist.Miss Lucy Hamilton, pianist.Miss Martha E. Smith, soloist and director.FIRST METHODIST CHURCHMORNINGOrgan "Andante Cantabile," Wely.Anthem "O, Come, Let Us Sing," D. Buck.Offertory "The King of Love My Shepherd Is," Shelley.Organ Postlude, Sudds.EVENINGOrgan "Vespers," Foote.Anthem "The Lord Preserveth the Souls of His Saints," Gaul.Offertory "Like as the Hart," Spence.Organist and director, Miss Mamie Lee Bearden.TRINITY CHURCHMORNINGOrgan Prelude Tschaikowsky.Voluntary "God Is a Spirit," Bennett.Offertory "Beloved, If

Sunday, 31st May 1914: Frank Motion Before Judge Hill Next Friday, The Atlanta Journal

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The Atlanta Journal,Sunday, 31st May 1914,PAGE 7, COLUMN 5.Affidavits from Trial Judge L. S. Roan are expected to play a significant role in the upcoming hearing. It is generally believed that the last postponement of the motion to set aside the verdict of guilty against Leo M. Frank has been allowed, and that the case will actually come up for a hearing before Judge Ben H. Hill on next Friday. When the motion, which asks that the verdict be set aside on the ground that the defendant was not in court when it was rendered, was first filed, it was

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 aphysiologist. A physiologist makes his searches on the living body; thepathologist makes his on a dead body. If you give any one who hasdrunk a chocolate milk at about eight o'clock in the morning, cabbage at12 o'clock and 30 or 40 minutes thereafter you take the cabbage out andit is shown to be dark like chocolate and milk, that much contents of anykind vomited up three and a half hours afterwards would show an abnormalstomach. It doesn't show a

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 stomachhas a certain definite and orderly relation to every other healthy stomach.Assuming a young lady between thirteen and fourteen years of age at11:30 April 26, 1913, eats a meal of cabbage and bread, that the nextmorning 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 of the head, a

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 takennear the skin surface. I didn't see sections from the stomach or the contents. These sections showed that the epithelium wall was torn off atpoints immediately beneath that covering in the tissues below, and therewas infiltrated pressure of blood. They were, you might say, engorged,and the white blood cells in those blood vessels were more numerous thanyou will find in a normal blood vessel. The blood vessels at some distancefrom the

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."

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 3

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SUPPLEMENTARY MESSAGE OF THE GOVERNOR EXECUTIVE DEPARTMENT. STATE OF GEORGIA. June 21, 1915: In Re Leo M. Frank, Fulton Superior Court, sentenced to be executed June 22, 1915. Saturday, April 26, 1913, was Memorial Day in Georgia and a general holiday. At that time, Mary Phagan, a white girl of about 14 years of age, was in the employ of the National Pencil Company, located near the corner of Forsyth and Hunter Streets, in the City of Atlanta. She came to the pencil factory a little after noon to obtain the money due her for her work on the preceding

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 4

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I desire to say in this connection that the people of the State of Georgia desire the esteem and good will of the people of every State in the Union. Every citizen wishes the approbation of his fellows, and a State or Nation is not excepted. In the preamble to the Declaration of Independence, Thomas Jefferson wrote that 'When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth the separate and equal station to which the Laws

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 5

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the dignity of her laws, and if the choice must be made between the approbation of citizens of other States and the enforcement of our laws against offenders, whether powerful or weak, we must choose the latter alternative. Mobs. It is charged that the court and jury were terrorized by a mob and the jury was coerced into their verdict. I expect to present the facts in this case with absolute fairness and to state conditions with regard only to the truth. When Frank was indicted and the air was filled with rumors as to the murder and mutilation of

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 6

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During the progress of the case, after evidence had been introduced laying the crime, with many offensive details, upon Frank, the feeling against him became intense. He was the general superintendent of the factory, and Mary Phagan was a poor working girl. He was a Cornell graduate, and she was dependent for her livelihood upon her labor. According to a witness, whose testimony will subsequently be related more completely, when this girl came to get her small pay, since she only worked one day in the week because of a lack of material, this general superintendent solicited her to yield

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 7

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I had the sheriff call at the Mansion and inquired whether he anticipated trouble. This was after many people had told me of possible danger and an editor of a leading newspaper indicated his anticipation of trouble. The sheriff stated he thought his deputies could avert any difficulty. Judge Roan telephoned me that he had arranged for the defendant to be absent when the verdict was rendered. Like Governor Brown, I entered into communication with the colonel of the Fifth Regiment, who stated he would be ready if there were necessity.I was leaving on Saturday, the day the verdict was

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 8

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Our Supreme Court, after carefully considering the evidence as to demonstrations made by spectators, declared them without merit, and in this regard, the orderly processes of our tribunals are not subject to criticism.Racial Prejudice.The charge against the State of Georgia of racial prejudice is unfair. A conspicuous Jewish family in Georgia is descended from one of the original colonial families of the State. Jews have been presidents of our Boards of Education, principals of our schools, mayors of our cities, and conspicuous in all our commercial enterprises.The Facts in the Case.Many newspapers and non-residents have declared that Frank was convicted

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 9

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The State's Case.The State proved that Leo M. Frank, the general superintendent of the factory, was in his office a little after 12 o'clock on the 26th day of April, 1913, and he admitted having paid Mary Phagan $1.20, being the wages due her for one day's work. She asked Frank whether the metal had come, in order to know when she could return for work. Frank admits this, and so far as is known, he was the last one who saw her alive. At three o'clock the next morning (Sunday), Newt Lee, the night watchman, found in the basement

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 10

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which would enable her to arrive at the factory within the neighborhood of about thirty minutes. The element of exact time will be discussed later.Dr. Harris, the Secretary of the State Board of Health, and an expert in this line, examined the contents of Mary Phagan's stomach ten days after her burial and found from the state of the digestion of the cabbage and bread that she must have been killed within about thirty minutes after she had eaten the meal.Newt Lee, the Negro night watchman, testified that Frank 'had told me to be back at the factory at 4

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 11

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dropped his head and stated, "If you keep that up, we will both go to hell."On Sunday morning at about 3 o'clock, after Newt Lee, the night watchman, had telephoned the police station about the discovery of the dead body, and the officers had come to the factory, they endeavored to reach Frank by telephone but could not get a response. They telephoned at 7:30 Sunday morning and told Frank that they wanted him to come down to the factory. When they came for him, he was very nervous and trembled. The body at that time had been taken to

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 12

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The cook's husband testified that on Saturday, the day of the murder, he visited his wife at the home of Mr. Selig, defendant's father-in-law, where Frank and his wife were living, and that Frank came in to dinner and ate nothing. The Negro cook of the Seligs was placed upon the stand and denied that her husband was in the kitchen at all on that day. For purposes of impeachment, therefore, the State introduced an affidavit from this cook taken by the detectives, and as she claimed under duress, which tended to substantiate the story of her husband and which

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 13

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that some punches had been missed. The suggestion was that he had either manipulated the slip to place the burden on Lee or was so excited as to be unable to read the slip correctly.The State introduced a witness, Monteen Stover, to prove that at the time when Mary Phagan and Frank were in the metal room, she was in Frank's office, and he was absent, although he had declared he had not left his office. The State showed that the hair of Mary Phagan had been washed by the undertaker with pine tar soap, which would change its color

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 14

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Where I have not mentioned the more prominent ones, an inspection of the record fails to maintain the contention.It is contended that a lawyer was engaged for Frank at the station house before he was arrested. This is replied to by the defense that a friend had engaged counsel without Frank's knowledge, and the lawyer advised Frank to make a full statement to the detectives.Jim Conley.The most startling and spectacular evidence in the case was that given by a Negro, Jim Conley, a man 27 years of age, and one who frequently had been in the chain gang. Conley had

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 16

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Conley described Frank as having been in a position which Conley thought indicated perversion, but the facts set out by Conley do not demand such a conclusion. Conley says that he found Mary Phagan lying in the metal room some 200 feet from the office, with a cloth tied about her neck and under her head as though to catch blood, although there was no blood at the place. Frank told Conley to get a piece of cloth and put the body in it, and Conley got a piece of striped bed ticking and tied up the body in it

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 17

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and told him, 'Here is $200,' but after a while requested the money back, and got it.One witness testified she saw some Negro, whom she did not recognize, sitting at the side of the elevator in the gloom. On the extraordinary motion for a new trial, a woman, who was unimpeached, made an affidavit that on the 31st of May, through a newspaper report, she saw that Conley claimed he met Frank by agreement at the corner of Forsyth & Nelson Sts., on the 26th of April, 1913, and she became satisfied that she saw the two in close conversation

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 18

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citizens of Atlanta, college mates at Cornell, and professors of that college.The defendant was born in Texas, and his education was completed at the institution named.The admission of Conley that he wrote the notes found at the body of the dead girl, together with the part he admitted he played in the transaction, combined with his history and his explanation as to both the writing of the notes and the removal of the body to the basement, makes the entire case revolve around him. Did Conley speak the truth?Before going into the varying and conflicting affidavits made by Conley, it

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 19

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Conley testified that on the morning of April 26th, he went down into the basement to relieve his bowels and utilized the elevator shaft for the purpose.On the morning of April 27th at 3 o'clock, when the detectives came down into the basement by way of the ladder, they inspected the premises, including the shaft, and they found there human excrement in natural condition.Subsequently, when they used the elevator, which everybody, including Conley, who had run the elevator for one and one-half years, admits only stops by hitting the ground in the basement, the elevator struck the excrement and mashed

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 20

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elevator shaft was in accordance with his testimony that he made water twice against the door of the elevator shaft on the morning of the 26th, instead of doing so in the gloom of his corner behind the boxes where he kept watch.Mary Phagan, in coming downstairs, was compelled to pass within a few feet of Conley, who was invisible to her and in a few feet of the hatchway. Frank could not have carried her down the hatchway. Conley might have done so with difficulty. If the elevator shaft was not used by Conley and Frank in taking the

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 21

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which everybody admits could not have been before 12:05, Frank suddenly said, "Here comes Emma Clark and Corinthia Hall," and he put Conley in a wardrobe.The uncontradicted evidence of these two witnesses, and they are unimpeached, was they reached the factory at 11:35 A.M. and left it at 11:45 A.M., and therefore this statement of Conley can hardly be accepted.Conley says that when they got the body to the bottom of the elevator in the basement, Frank told him to leave the hat, slipper, and piece of ribbon right there, but he "took the things and pitched them over in

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 22

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the head and reached the skull. Wounds of that character bleed freely. At the place Conley says he found blood, there was no blood. Conley says there was a cloth tied around the head as though to catch the blood, but none was found there.One Barrett says that on Monday morning he found six or seven strands of hair on the lathe with which he worked and which were not there on Friday. The implication is that it was Mary Phagan's hair and that she received a cut by having her head struck at this place. It is admitted that

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 23

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Detective Black says, "Mr. Starnes, who was there with me, did not call my attention to any blood splotches."Detective Scott says, "We went to the metal room where I was shown some spots supposed to be blood spots."A part of what they thought to be blood was chipped up in four or five chips, and Dr. Claude Smith testified that on one of the chips he found, under a microscope, from three to five blood corpuscles; a half drop would have caused it.Frank says that the part of the splotch that was left after the chips were taken up was

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 24

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Conley's Affidavits.The defense procured under notice one statement and three affidavits taken by the detectives from Conley and introduced them in evidence.The first statement, dated May 18, 1913, gives a minute detail of his actions on the 26th day of April and specifies the saloons he visited and the whiskey and beer he bought, and minutely itemized the denomination of the money he had and what he spent for beer, whiskey, and pan sausage. This comprehends the whole of affidavit No. 1.On May 24, 1913, he made for the detectives an affidavit in which he says that on Friday before

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 25

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"second and last statement." In that, he states that on Saturday morning after leaving home, he bought two beers for himself and then went to a saloon and won 90 cents with dice, where he bought two more beers and a half pint of whiskey, some of which he drank, and he met Frank at the corner of Forsyth and Nelson Streets, and Frank asked him to wait until he returned.Conley went over to the factory and mentioned various people whom he saw from his place of espionage going up the stairs to Mr. Frank's office. Then Frank whistled to

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 26

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On the 29th of May, 1913, Conley made another affidavit, in which he said that Frank had told him that he had picked up a girl and let her fall, and Conley hollered to him that the girl was dead, and told him to go to the cotton bag and get a piece of cloth, and he got a big, wide piece of cloth and took her on his right shoulder, when she got too heavy for him, and she slipped off when he got to the dressing room. He called Frank to help, and Frank got a key to

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 27

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All of the affidavit down to this point is in typewriting, the original was exhibited to me. At the end of the affidavit in handwriting is written the following: "While I was looking at the money in my hands, Mr. Frank said, 'Let me have that, and I will make it alright with you Monday, if I live and nothing happens,' and he took the money back, and I asked him if that was the way he did, and he said he would give it back Monday."It will be noticed that the first question which would arise would be, what

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 28

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for five or six hours again, endeavoring to make clear several points which were far-fetched in his statement. We pointed out to him that this statement would not do and would not fit, and he then made the statement of May 28th, after he had been told that his previous statement showed deliberation and could not be accepted. He told us nothing about Frank making an engagement to stamp and for him to lock the door, and told nothing about Monteen Stover. He did not tell us about seeing Mary Phagan. He said he did not see her. He did

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 29

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In his evidence before the jury in the redirect examination, Conley thought it necessary to account for the mesh bag, and for the first time, said that "Mary Phagan's mesh bag was lying on Mr. Frank's desk, and Mr. Frank put it in the safe." This is the first mention of the mesh bag.The first suggestion that was made of Frank being a pervert was in Conley's testimony. On the stand, he declared Frank said "he was not built like other men."There is no proof in the record of Frank being a pervert. The situation in which Conley places him

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 30

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Conley swears he did. The State says that the use of the word 'did' instead of 'done' indicates a white man's dictation. Conley admits the spelling was his. The words are repeated and are simple, which characterizes Conley's letters. In Conley's testimony, you will find frequently that he uses the word 'did,' and according to calculations submitted to me, he used the word 'did' over fifty times during the trial.While Conley was in jail charged with being an accessory, there was also incarcerated in the jail a woman named Annie Maude Carter, whom Conley had met at the court house.

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 31

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water' just as they are used in the Mary Phagan notes.In Conley's testimony, he says the word 'hisself' constantly.It is urged by the lawyers for the defense that Conley's characteristic was to use double adjectives.In the Mary Phagan notes, he said 'long tall Negro, black,' 'long, slim, tall Negro.'In his testimony, Conley used expressions of this sort: 'He was a tall, slim build, heavy man.' 'A good long wide piece of cord in his hands.'Conley says that he wrote four notes, although only two were found. These notes have in them 129 words, and Conley swears he wrote them in

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 32

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In reply to this, the State introduced on the extraordinary motion the testimony of Philip Chambers, who swears that unused order blanks entitled 'Atlanta, Ga.' were in the office next to Frank's office and that he had been in the basement of the factory and found no books or papers left down there for any length of time, but they were always burned up.This evidence was never passed upon by the jury and developed since the trial. It was strongly corroborative of the theory of the defense that the death notes were written, not in Frank's office, but in the

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evidence of Police Sergeant Dobbs, who visited the scene of the crime on Sunday morning, as follows:"This scratch pad was also lying on the ground close to the body. The scratch pad was lying near the notes. They were all right close together. There was a pile of trash near the boiler where this hat was found, and paper and pencils were down there too."Police Officer Anderson testified:"There are plenty of pencils and trash in the basement."Darley testified: "I have seen all kinds of paper down in the basement. The paper that note is written on is a blank order

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 34

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The evidence as to the probability of the blank on which the death note was written being in the basement, and the evidence as to the hair, would have tended to show that the murder was not committed on the floor on which Frank's office was located.The Time Question.The State contended that Mary Phagan came to the office of Leo M. Frank to get her pay at some time between 12:05 and 12:10, and that Frank had declared that he was in his office the whole time.It is true that at the coroner's inquest held on Thursday after the murder,

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 35

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The evidence loses its pertinency if Mary Phagan had not arrived at the time Monteen Stover came. What is the evidence?The evidence uncontradicted discloses that Mary Phagan ate her dinner at 11:30 o'clock, and the evidence of the streetcar men was that she caught the 11:50 car, which was due at the corner of Forsyth and Marietta Streets at 12:07 1/2. The distance from this place to the pencil factory is about one-fifth of a mile. It required from 4 to 6 minutes to walk to the factory, and especially would the time be enlarged because of the crowds on

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 36

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hardly seems possible under the evidence that Mary Phagan was at that time being murdered.Lemmie Quinn testifies that he reached Frank's office about 12:20 and saw Mr. Frank. At 12:30, Mrs. J. A. White called to see her husband at the factory where he was working on the fourth floor, and left again before one o'clock.At 12:50, according to Denham, Frank came up to the fourth floor and said that he wanted to get out. The evidence for the defense tends to show that the time taken for moving the body, according to Conley's description, was so long that it

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 37

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found by her side, it was urged before me by counsel for the defense that ladies usually carried their handkerchiefs in their mesh bags.If the motive was assault, either by natural or perverted means, the physicians' evidence, who made the examination, does not disclose its accomplishment. Perversion by none of the suggested means could have occasioned the flood of blood. The doctors testified that excitement might have occasioned it under certain conditions. Under the evidence, which is not set forth in detail, there is every probability that the virtue of Mary Phagan was not lost on the 26th day of

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 38

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It may be possible that his version is correct. The testimony discloses that he was in the habit of allowing men to go into the basement for immoral purposes for a consideration, and when Mary Phagan passed by him close to the hatchway leading into the basement and in the gloom and darkness of the entrance, he may have attacked her. What is the truth we may never know.Jury's Verdict.The jury which heard the evidence and saw the witnesses found the defendant, Leo M. Frank, guilty of murder. They are the ones, under our laws, who are chosen to weigh

Governor To The General Assembly Of Georgia June 23 1915 State Vs Leo Frank Page 39

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In this connection, Judge Roan declared orally from the bench that he was not certain of the defendant's guilt that with all the thought he had put on this case, he was not thoroughly convinced whether Frank was guilty or innocent but that he did not have to be convinced that the jury was convinced and that there was no room to doubt that that he felt it his duty to order that the motion for a new trial be overruled.This statement was not embodied in the motion overruling the new trial.Under our statute, in cases of conviction of murder

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Surely, if Judge Roan entertained the extreme doubt indicated by his statement and had remembered the power granted him by the Code, he would have sentenced the defendant to life imprisonment.In a letter written to counsel, he says, "I shall ask the prison commission to recommend to the governor to commute Frank's sentence to life imprisonment *. It is possible that I showed undue deference to the jury in this case when I allowed the verdict to stand. They said by their verdict that they had found the truth. I was in a state of uncertainty, and so expressed myself

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In the case of Hunter, a white man charged with assassinating two white women in the City of Savannah, who was found guilty and sentenced to be hung, application was made to me for clemency. Hunter was charged together with a Negro with having committed the offense, and after he was convicted, the Negro was acquitted. It was brought out by the statement of the Negro that another Negro, who was half-witted, committed the crime, but no credence was given to the story, and he was not indicted.The judge and solicitor-general refused to recommend clemency, but upon a review of

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at the time he was an escapee from the Fannin County jail under indictment for felony."I refused to interfere unless the judge or solicitor would recommend interference, which they declined to do. Finally, when on the gallows, the solicitor-general recommended a reprieve, which I granted, and finally, on the recommendation of the judge and solicitor-general, as expressed in my order, I reluctantly commuted the sentence to life imprisonment. The doubt was suggested as to the identity of the criminal and as to the credibility of the testimony of prejudiced witnesses. The crime was as heinous as this one and more

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Judge Roan, with that awful sense of responsibility, which probably came over him as he thought of that Judge before whom he would shortly appear, calls to me from another world to request that I do that which he should have done. I can endure misconstruction, abuse, and condemnation, but I cannot stand the constant companionship of an accusing conscience, which would remind me in every thought that I, as Governor of Georgia, failed to do what I thought to be right. There is a territory 'beyond A REASONABLE DOUBT and absolute certainty,' for which the law provides in allowing

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