Tuesday, 26th August 1913 Frank, Guilty On First Ballot

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The Atlanta Georgian,

Tuesday, 26th August 1913.

FRANK RETURNING TO HIS CELL IN TOWER AFTER JUDGE'S CHARGE

Frank's control of his emotions was never more strikingly shown than on last day of trial.

Leo M. Frank, convicted slayer of Mary Phagan on his way back to his cell to await the verdict of the jury. He walked with a firm, springy step, and apparently was confident that he would be acquitted.

NO RECOMMENDATION TO COURT FOR MERCY IN VERDICT: I'M INNOCENT HE SAYS AGAIN;

WIFE FAINTS AWAY AS SHE HEARS NEWS

Leo M. Frank was found guilty of the murder of Mary Phagan by a jury in Judge Roan's court at 4:56 Monday afternoon and a minute later a howling crowd was cheering its approval.

According to what appears to be reliable authority, the jury was unanimous in its verdict on the first ballot formally taken one hour and a half after the jury returned from its dinner.

All doors to the courtroom were locked as the verdict came in. No recommendation for mercy was made by the twelve men who listened to four long weeks of exhaustive evidence.

Thirty-five hundred people outside the courthouse yelled themselves hoarse as the verdict was announced Juror Winburn the foreman, escorted by a deputy, led the jury into the room. All twelve men seemed pale and nervous, oppressed by weight of their momentous task.

Frank's presence in the courtroom has been waived, according to an announcement made at 4:15, when it was reported that the jury had reached a verdict. The courtroom was to be cleared for the jury to make its announcement.

When informed of the jury's verdict in his cell in the county jail late Monday evening, Frank cried:

"My God, to think that even the jury was influenced by mob law."

Frank shrank back for a brief moment as though struck when the one word "guilty" was uttered by a friend, but regained his composure immediately. He would not see newspapermen and his friends would tell little of what he said except that one of them vouched the information that he had asserted:

"I am just as innocent now as I was a year ago."

As the news was broken to Frank his wife uttered a cry of anguish.

"Oh, Leo," she wailed, "can't we get justice?" and broke down in tears. She was attended to by her family physician.

Frank said he would issue a written statement later, but only with the permission of his attorneys.

Jury Nervous and Pale.

The jury was very nervous and pale as it entered the courtroom headed by Deputy Plennie Miner. For a time, it hesitated before the twelve men entered the jury box. Only the order of Judge Roan of: "Gentlemen, take your accustomed seats," caused them to file in.

"Gentlemen, have you reached a verdict?" said Judge Roan, when the jury had become seated.

Foreman Winburne arose and said: "We have, your honor."

The foreman then opened the piece of paper upon which the verdict was written and read:

"We have found the defend guilty," the verdict read.

As the verdict was read the silence within the courtroom was broken only by the loud cheering outside.

When the foreman had resumed his seat, Solicitor Dorsey arose and asked each juror:

Each Man Answers "Yes."

"Is that your verdict?" and in each case the response was "Yes."

Judge Roan then thanked the jury, saying:

"Gentlemen, I want to thank you for your services. This is the longest criminal case I have ever known of in my life."

The jury arose as if to leave the courtroom then, but resumed their seats.

Dorsey was the first to leave the courtroom. He received an ovation from the throngs which packed the streets. He was lifted from his feet upon the shoulders of the enthusiasts and carried several hundred feet. Dorsey took his hat from his head and bowed to the acclamations of the crowd.

Cheers for Hooper, Too.

Hunter street was blocked clear to Whitehall street, and Pryor was blocked for two blocks on either side.

As Frank G. Hooper left the courtroom at 5 o'clock, a lane was made for him across to the Kiser building, directly opposite the courtroom and the cheers which went up rent the air.

J. W. Coleman, stepfather of Mary Phagan, rushed up to the jury and shook hands with each member, tears standing in his eyes.

Judge Roan then thanked the jury, saying:

"Gentlemen, I want to thank you for your services. This is the longest criminal case I have ever known of in my life."

The jury arose as if to leave the courtroom then, but resumed their seats.

Dorsey was the first to leave the courtroom. He received an ovation from the throngs which packed the streets. He was lifted from his feet upon the shoulders of the enthusiasts and carried several hundred feet. Dorsey took his hat from his head and bowed to the acclamations of the crowd.

Neither Luther Rosser nor Reuben Arnold were present in the courtroom. They were represented by Stiles Hopkins, a member of Mr. Rosser's law firm. Mr. Rosser had collapsed, it was announced.

When the jury was ushered in, Frank was not present. Judge Roan said to Dorsey:

"Mr. Dorsey, I understand that you have waived the presence of the accused."

The Solicitor General nodded his head.

"I do," he answered. The verdict was read. The jury had deliberated for four hours and seven minutes.

After posing for several flashlight photographs, the jury left the box and was swarmed by newspaper men. Questions as to how the verdict was reached remained unanswered.

To each inquiry, the jurymen stated that they had taken an oath not to reveal the details under which the decision was arrived at.

Cheers for the Jury.

The grim-visage of each man, however, told of the hard battle through which they had gone. After a short time, the jurymen left the courtroom. As they were recognized by the crowds outside, the courthouse, they were wildly cheered. Probably no demonstration of this magnitude has ever been seen before in Georgia at a criminal trial.

Judge Roan left the courtroom at 5:15. He also was applauded. The jurist made no response, but slipped quietly into an automobile and was whisked away.

The jury proceeded to the Thrower building to draw its pay, each man receiving $58.00

Friend Tells Frank News.

First reports that Frank had been told of the verdict immediately after its receipt at the jail proved false. It was nearly 6 o'clock when his family physician, Dr. Rosenberg, and Dr. David Marx went up to the prisoner's cell to convey the tragic news. Frank's wife was with him at the time and the physician was called in case she collapsed.

Attendants at the jail said Frank received the news of the verdict without a tremor. His wife fainted away, but was soon brought to by her physician and left the jail for the Selig home about 6 o'clock.

Outburst of Applause for Dorsey.

After leaving the courthouse, Attorney Dorsey retired to the Kiser Building, where he remained in conference for 20 minutes. He left the building in company with Attorney Stephens and was again greeted with a tremendous outburst of applause. A double row of policemen forced a passageway to the Solicitor's automobile.

As Dorsey took his seat the crowd gathered around the machine and hundreds of congratulatory hands were thrust toward him. Mounted policemen had to go in front of the car to open up the streets. From buildings on either side of the streets, handkerchiefs waved, and even women in the windows cheered. The cheering continued until the automobile was out of sight.

At the Kimball House, to which the jurymen went to gather up the clothing and personal effects which they had used during their long stay, another large crowd had gathered and greeted the men with another ovation until the corridors resounded. Each man was swamped with persons, known and unknown to him, who
wrung his hand vigorously.

Solicitor Dorsey finished his speech at twelve o'clock and Judge Roan prepared to charge the jury. A brief recess was taken.

Courthouse officials, the attorneys in the case and newspapermen were the only ones present when the jury brought in its verdict. The dramatic scene that had been expected when the factory superintendent faced the men who held his life in their hands was, of course, averted by the waiving of the prisoner's presence.

There was thrill of tense anticipation when word came from the fourth floor that the jury was ready to report. The rumor had been gaining ground that the jury had arrived at a decision about 3:20 and had been merely holding off for the arrival of the attorneys.

Rosser and Arnold and Dorsey, all of whom had gone home for a brief nap, were summoned. Attorney Hooper was at the courthouse before the clearing of the scene of the great trial began and said he had no doubt of the jury's decision.

When the jury sent down word that it had arrived at a verdict, Sheriff Mangum mounted the Judge's bench and rapped for order in the crowded courtroom.

"Gentlemen, I will have to clear this room of all but those directly interested in the case," the Sheriff said. "My orders are that all spectators must clear out."

A murmur of protest greeted the Sheriff's orders, but bailiffs going down the aisles directed the crowds to the door and they filed slowly out.

When the last spectator had left the room there remained about 50 persons in all. These consisted of the attorneys for the State and defense. Chief Beavers, Chief Lanford, a half score of detectives and as many newspaper men.

PAGE 2

DORSEY RIDDLES FRANK'S OWN STATEMENT IN FINAL PLEA

Crowds Outside and Inside of Court Vociferously Applaud Solicitor

GOOD CHARACTER NO BAR TO CONVICTION, ASSERTS JUDGE CHARGING JURY

Here is Judge Roan's complete charge to the jury verbatim:

"Gentleman of the Jury This bill of indictment charges Leo M. Frank with the offense of murder. The charge is that Leo M. Frank, in this county, on the 26th day of April of this year, with force and arms did unlawfully and with malice aforethought kill and murder one Mary Phagan by then and there choking her, the said Mary Phagan, with a cord placed around her neck."

"To this charge made by the bill of indictment found by the Grand Jury of his county recently impaneled Leo M. Frank, the defendant, file a plea of not guilty. The charge as made by the bill of indictment on the one hand and his plea of not guilty filed therein form the issue, and you, gentlemen of the jury have been selected, chosen and sworn to try the truth of this issue."

"Leo M. Frank, the defendant, commences the trial of this issue with the presumption of innocence in his favor, and this presumption of innocence remains with him, to shield him and protect him, until the State shall over come it and remove it by evidence offered to you, in your hearing and presence, sufficient in its strength and character to satisfy your minds beyond a reasonable doubt of his guilty of each and every material allegation made by the bill of indictment."

"I charge you, gentlemen, that all of the allegations of this indictment are material, and it is necessary for the State to satisfy you of their truth by evidence that convinces your minds beyond a reasonable doubt of his guilt before you would be authorized to find a verdict of guilty."

Must Be More Than

Beyond Mere Doubt.

"You are not compelled to find, from the evidence, his guilt beyond any doubt, but beyond a reasonable doubt, such a doubt as grows out of the evidence in the case, or for the want of evidence, such a doubt as a reasonable and impartial man would entertain about matters of the highest importance to himself after all reasonable efforts to ascertain the truth. This does not mean a fanciful doubt, one conjured up by the jury, but a reasonable doubt."

"Gentlemen, this defendant is charged with murder. Murder is defined to be the unlawful killing of a human being, in the peace of the State, by a person of sound memory and discretion, with malice aforethought, either express or implied."

"Express malice is that deliberate intention unlawfully to take away the life of a fellow-creature which is manifested by external circumstances capable of proof."

"Malice shall be implied where no considerable provocation appears, and where all of the circumstances of the killing show an abandoned and malignant heart."

"There is no difference between express and implied malice except in the mode of arriving at the fact of its existence. The legal sense of the term malice' is not confined to particular animosity to the deceased, but extends to an evil design in general. The popular idea of malice in the sense of revenge, hatred, ill will, has nothing to do with the subject. It is an intent to kill a human being in a case where the law would neither justify nor in any degree excuse the intention if the killing should take place as intended. It is a deliberate intent unlawfully to take human life, whether it springs from hatred, ill will or revenge, ambition, avarice or other like passion. A man may for the intent to kill, do the killing instantly, and regret the deed as soon as done. Malice must exist at the time of the killing. It need not have existed any length of time previously."

Law Presumes Malice, If Homicide Is Proven.

"When a homicide is proven, if it is proven to be the act of the defendant, the law presumes malice, and unless the evidence should relieve the slayer he may be found guilty of murder. The presumption of innocence is removed by proof of the killing of the defendant. When the killing is shown to be the act of the defendant, it is then on the defendant to justify or mitigate the homicide. The proof to do that may come from either side, either from the evidence offered by the State to make out its case, or from the evidence offered by the defendant or the defendant's statement."

"Gentlemen of the jury, you are made by law the sole judges of the credibility of the witnesses and the weight of the testimony of each and every witness. It is for you to take this testimony as you have heard it in connection with the defendant's statement, and arrive at what you believe to be the truth."

"Gentlemen, the object of all legal investigation is the discovery of truth. That is the reason of you being selected, impaneled and sworn in this case to discover what is the discovery of truth. That is the reason of you being selected, impaneled and sworn in this case to discover what is the truth on this issue formed on this bill of indictment, is Leo M. Frank guilty? Are you satisfied of that beyond a reasonable doubt from the evidence in this case? Or is his plea or not guilty of the truth? The rules of evidence are framed with a view to this prominent and seeking always for pure sources and the highest evidence.

"Direct evidence is that which immediately points to the question at issue. Indirect or circumstantial evidence is that which only to establish the issue by proof of various facts sustaining, by their consistency, the hypothesis claimed. To warrant a conviction on circumstantial evidence the proven facts must not only be consistent with the hypothesis of guilt, but must exclude every other reasonable doubt hypothesis save that of the guilt of the accused."

Character Issue Of Importance.

"The defendant has introduced testimony as to his good character. On this subject I charge you that evidence of good character when offered by the defendant in a criminal case is always relevant and material, and should be considered by the jury, along with all the other evidence introduced, as one of the facts of the case. It should be considered by the jury, not merely where the balance of the testimony in the case makes it doubtful whether the defendant is guilty or not, but also where such evidence of good character may of itself generate a doubt as to the defendant's guilt.
Good character is a substantial fact, like any other fact tending to establish the defendant's innocence, and ought to be so regarded by the jury."

"Like all over facts proved in the case, it should be weighed and acclimated by the jury, for it may render that doubtful which otherwise would be clear. However, if the guilt of the accused is plainly proved to the satisfaction of the jury beyond a reasonable doubt, notwithstanding the proof of good character, it is their duty to convict. But the jury may consider the good character of the defendant, whether the rest of the testimony leaves the question of his guilt doubtful or not, and if a consideration of the proof of his good character considered along with the evidence, creates a reasonable doubt in the minds of the jury as to the defendant's guilt, then it would be the duty of the jury to give the defendant the benefit of the doubt thus raised by his good character, and to acquit him."

"The word character' as used in this connection means that general reputation which he bore among the people who knew him prior to the time of the death of Mary Phagan. Therefore, when the witnesses by which a defendant seeks to prove his good character are put upon the stand, and testify that his character is good, the effect of the testimony is to say that the people who knew him spoke well of him, and that his general reputation was otherwise good."

State Allowed to Attack Character.

"When a defendant has put his character in issue, the State is allowed to attack it by proving that his general reputation is not good, or by showing that the witnesses who have stated that his character is good have untruly reported it. Hence the Solicitor General has been allowed to cross-examine the witnesses for the defense who were introduced to testify to his good character. In the cross-examination of these witnesses he was allowed to ask them if they had not heard of various acts of misconduct on the defendant's part."

"The Solicitor General had the right to ask any questions along this line he pleased, in order thoroughly to sift the witnesses, and to see if anything derogatory to the defendant's reputation could be proved by them."

"The court now wishes to say to you that, although the Solicitor General was allowed to ask the defendant's character witnesses these questions as to their having heard of various acts of alleged misconduct on the defendant's part, the jury is not to consider this as evidence that the defendant has been guilty of any such misconduct as may have been indicated in the questions of the Solicitor

MRS. FRANK ARRIVING AT THE COURTHOUSE

The wife of The defendant In the Phagan Case has not Missed a Session of the Trial of her Husband.

General, or any of them, unless the alleged witnesses testify to it."

"Furthermore, where a man's character is put in evidence and in the course of the investigation any specific act of misconduct is shown, this does not go before the jury for the purpose of showing affirmatively that his character is bad or that he is guilty of the offense with which he stands charged, but is to be considered by the jury only in determining the credibility and the degree of information possessed by those witnesses who have testified to his good character."

"When the defendant has put, his character is issue, the State is allowed to bring witnesses to prove that his general character is bad, and thereby to disprove the testimony of those who have stated that it is good. The jury is allowed to take this testimony, and have the right to consider it along with all the other evidence introduced on the subject of the general character of the defendant, and it is for the jury finally to determine from all the evidence whether his character was good or bad."

Good Character May Create Reasonable Doubt.

"You will, therefore, observe that this the rule you will be guided by in determining the effect to be given to the evidence on the subject of the defendant's character. If, after considering all the evidence pro and con, on the subject of the defendant's character, you believe that prior to the time of Mary Phagan's death he bore a good reputation among those who knew him that his general character was good, you will consider that as one of the facts in the case, and I may be sufficient to create a reasonable doubt of the defendant's guilt. If it so impress your minds and consciences, after considering it along with all the other evidences in the case, and if it does, you should give the defendant the benefit of the doubt and acquit him."

"However, though you should believe his general character was good, still if, after giving due weight to it as one of the facts in the case, you believe from the evidence as a whole that he is guilty beyond a reasonable doubt, you should be authorized to convict him."

"If you believe beyond a reasonable doubt from the evidence in this case that this defendant is guilty of murder, then you would be authorized in that event to say We, the Jury, find the defendant guilty.'"

"Should you go no further, gentlemen, and say nothing else in your verdict, the court would have to sentence the defendant to the extreme penalty for murder, to wit; to be hanged by the neck until he is dead. But should you see fit to do so, in the event you arrive at the conclusion and belief beyond a reasonable doubt from the evidence that this defendant is guilty, then, gentlemen, you would be authorized in that event, if you saw fit to do so, to say: We, the jury, find the defendant guilty, and we recommend that he be imprisoned in the penitentiary for life.'"

"In the event you should make such a verdict as that, then the Court, under the law, would have to sentence the defendant to the penitentiary for life."

"You have heard the defendant make his statement. He had the right to make it under the law. It is not made under oath and he is not subject to examination or cross-examination. It is with you as to how much of it you will believe, or how little of it. You may go to the extent, if you see fit, of believing it in preference to the sworn testimony in the case."

"In the event, gentlemen, you have a reasonable doubt from the evidence, or the evidence and the statement together or either, as to the defendant's guilt as charged, then give the prisoner the benefit of that doubt, and acquit him the form of your verdict would be: We, the jury, find the defendant not guilty.' As honest jurors do your utmost to reach the truth from the evidence and statement as you have heard it here, then let your verdict speak it."

DEMANDS LEO FRANK BE SENT TO GALLOWS AS  MARY PHAGAN'S SLAYER

Refreshed by the week-end recess, Solicitor General Dorsey returned Monday to the State's closing argument. By the force of logic and denunciation of his final words to the jury the Solicitor hopes to obtain a verdict of guilty against Leo M. Frank, charged with the murder of Mary Phagan.

The day and a half intermission furnished a breathing spell for the State's prosecutor. He came back to the battle with new spirit and with an absence of the fatigue that compelled him to stop his stirring argument Saturday and ask Judge Roan for a recess.

Solicitor Dorsey was vociferously cheered as he entered the courthouse by a crowd waiting for the trial to open, and in the courtroom there was applause as he went to the State's table within the railing.

Judge Roan entered the room as the applause died down while the deputies were rapping for order. He announced that if there was any semblance of a repetition, he would clear the courtroom. The judge declared that a similar occurrence might destroy the work of four long weeks and warned the audience to keep strict order.

Mr. Dorsey began his speech in a low, hoarse voice.

"Your honor and gentlemen of the jury," he said, I regret the necessity for having to carry this case over into another week and through another Sunday. I might have been able to have
finished my speech and his honor have delivered his charge and turned the case over to you. The circumstances made the present course wiser."

Begins to Riddle Frank's Statement.

"When we close proceedings Saturday, I was giving you a brief analysis of the statement of the defendant. I am not going to any exhaustive study of that statement. It is unnecessary to further burden you with it. But there are certain language and statements which merit some consideration."

"The defendants stated after this honor had excluded our evidence, and excluded it properly, that his wife visited him at the police station. He stated that she was there with his father-in-law and his two brothers-in-law. He said Rabbi David Mardx was with him and that he consulted Dr. Marx on the advisability of having her to come up to the top float and see him surrounded by policemen, reporters and snapshotters. He doesn't prove by a living soul that this statement is true. You must rely on his own lips for its value."

"If they could have proved if by Dr. Marx, why didn't they do it? You tell me a loving wife lives who, conscious of a husband's innocence amid such circumstances, wouldn't have braved policemen, snapshotters to have seen him?"

Arnold jumped up.

"I object," he said, "to those outrageous references to his wife. I have sat here in silence during many of his unfair remarks, but to bring in the wife of this man who is on trial for his life is an outrage on law and decency and fairness."

"Let me see," said Judge Roan, "the evidence on which you are speaking, Mr. Dorsey."

Dorsey Fires Hot Retort at Arnold.

"Let the galled jade wines," said Dorsey, sarcastically.

"He has no right to make any such statement," said Arnold, "It is wholly uncalled for."

"I submit the remark," retorted Dorsey, "of Mr. Rosser that this is an unfair speech (referring to an aside) is uncalled for. Frank said that his wife would not come to see him because she was afraid of the snapshotters and reporters and that she did not want to go through this line of newspaper men every time she came to see him. I tell you, gentlemen, there never lived a true wife who would not have gone through a line of snapshotters and reporters in spite of the contrary advice of a rabid or anyone else."

"Let us see who first found out Conley could write. Frank said, I was the man who made this discovery. I was the means of getting this Information to the police. I have received too many notes asking for loans not to know that he can write. I know that if you will look in the safe you will find some receipts for watches signed by him, and that if you will go to the jeweler's you probably will find other specimens of his handwriting."

"But Scott says that no such thing ever happened. Why didn't Frank, when those notes were found by the dead girl's body why didn't he then and there say that that was Conley's handwriting? Tip to the time that it was discovered that Conley could write Frank had said nothing. It was only through the work done by the detectives and the fact the Conley knew they had learned he could write that the negro finally was made to submit specimens of his handwriting."

"Why did Frank keep silent when he knew those notes were the key which would unlock the mystery?"

Dorsey turned to Frank at this point and said:

"You did know that he could write. You knew that if it was found out that the whole mystery would be solved. You had notes asking for loans. You had seen his writing by which he checked up the boxes of pencils. Why did you keep silent?"

"You saw him at the police station and even then never mentioned that he could write."

"Frank says that after this visit of Conley's to the jail, after Conley had gone to the factory and gone through his pantomime at the time almost exactly to the minute that he said it took, that on this visit to the jail he said, I told them if they would get the permission of Rosser that I would face Conley.' Now, gentlemen of the jury, Mr. Rosser was at Tallulah Falls that day. Therefore, there was no chance to get his permission that day. But Mr. Rosser was at Tallulah Falls that day, and when he got back did he allow Frank to face Conley? No, he did not."

"Gentlemen, you know it is true that never in the history of the Anglo-Saxon race and in the history of the African race has an ignorant, filthy negro ever accused a white man of crime where the white man was innocent and the white man decline to face the negro. There never lived in Georgia a lawyer who possessed half the ability of Rosser who sincerely believed in the innocence of his client who would not have said to this negro. Face my client.' You may say here that you did not know what Conley's statement was going to be, but you could have found out. You could have known."

Rosser Objects To Being Criticized.

Mr. Rosser was on his feet with an objection to commenting on counsel. After a moment's wrangling, Mr. Dorsey insisting that he had a right to commont on the action of the defendant's counsel charging the facts in the record justified him. Judge Roan sustained the objection.

"But they see the force of it," continued Dorsey.

"Now, I don't think that's fair, your honour," said Rosser, interrupting again. There was another minute of wrangling, both Dorsey and Rosser speaking at the same time. Judge Roan again sustained Rosser.

Dorsey turned to the jury, and slapping his hand viciously on the ceiling, shouted:

"If they don't see the force of it you do."

Rosser objected again.

"I insist, your honor that that is entirely proper comment. I ask you, am I outside the record? I have a right to comment upon their conduct in declining to cross-examine witnesses."

"You may comment upon the act of Frank," interrupted Judge Roan, "in not facing Conley and upon his counsel not having given the permission, but it is not proper for you to comment upon why counsel for the defense did not do certain things."

Dorsey turned to the jury:

"This man Frank with Anglo-Saxon blood in his veins, a graduate of Cornell, a man of sense and intelligence and spirit, refused to see Conley because his counsel was not in town. But when his counsel returned and he still had the opportunity he dared not let Conley meet him. It is not necessary to take up this discussion. Would the weakest of you when innocent and wrongfully accused by a man with a black skin on the charge of murder let Rosser or any lawyer in the world keep you from confronting him and sailing the lie. No lawyer of any age or clime could prevent me from meeting a man, be he white or black, who had wrongfully accused me."

Pointing his finger at Frank he continued:

"You want in a room and interviewed old Newt Lee down at the police station at 12 o'clock at night. What did you do? Did you act like an innocent man who was trying to get at the truth? Oh, no!"

Declares Frank Dared Not Attack Negro Lee.

"Instead of going after him and trying to get from him new light on his case this man at whom you had pointed an infamous suspicion to save your own neck and to save your reputation on Washington street and in the B'nai B'rith according to Lee, you hung your head and quizzed him not, but said: If you don't tell more about this we'll both go to hell.' Then in your statement to the jury, you tried to make it appear that your own detective, Scott, had concocted a scheme against you and lied about what happened."

"The reason Frank didn't put it up to Newt Lee was because he knew Net Lee was innocent. He knew he was guilty and he was only adding to the dastardly crime of assault on the virtue of this little girl by trying to break the neck of this old negro to save his own reputation and neck."

"Listen to his statement. He is smart. Listen how he qualifies and fixes so that when we come back with rebuttal the technical law will protect him. Old Newt Lee had been night watchman at that factory only a few weeks. There had been other night watchmen before, an
d the charges of going into the place for immoral purposes were during the time before Newt Lee came. He knew the detectives had charged that people had gone in there for immoral purpose but in his statement on the stand, he confined his denial to the time Newt Lee was there as high watchman."

"No, during the time old Newt Lee was there, there was but one person for whom your passion burned," the Solicitor continued, turning to Frank, little Mary Phagan. She never would go there with you. But if you were telling the truth, why didn't you make a bold and emphatic statement that none had ever been there. It was during the summer previous that Dalton and the others testified of the immorality there. There was the chance for impeachment of his statement, and yet you tell me that that's a good, fair, frank statement."

"Now, another thing, listen to this, I read from the defendant's statement, Now, in reference to those spots claimed to be blood spots found by Barrett, I don't say they are not blood. They are near the ladies' dressing room, and we also have many accidents near there. Let me say in connection with those accidents near there. Let me say in connection with those accidents that not all accidents are reported. Only those which incapacitate an employee are reported. But I say it might have been blood. It also might have been aniline dye or paint. I have seen girls drop bottles of this colored matter, btu if it had been fresh blood or fresh paint, the gasoline which was spread over it would have become pink or red instead of remaining white.'"

"Why Didn't They Bring in a Chemist?"

"But I ask you if the gasoline would not have produced the identical result, which the witnesses say was produced? Why didn't you bring before the jury a reputable chemist and a man who would have sustained you in this contention. If you had time to bring in experts to attack the overwhelming evidence of Dr. Roy Harris, why, in the name of truth and justice, didn't you bring in just one chemist to support your theory of the blood spots?"

"You know the reason. You know they were blood spots. You know that you didn't bring in a chemist because the result of spreading the gasoline over blood would have been exactly the result that was produced in the dressing room on the second floor."

Dorsey turned toward the jury at this point and asked:

"Are you going to take this man's unsupported word when his lawyers are unable to get any reputable chemist to come in and stultify himself by declaring that those spots were not blood or that the result produced was not that of spreading gasoline over fresh blood?

"This defense can not they haven't got any defense. They circle and flutter, but never light. They grab at varnish, rat blood and Duffy's blood, but they never knuckle down to show that it was not blood. In view of the statement of Mell Stanford, who swept that floor and who says it was not there Friday: in view of the statements of Christopher Columbus Barrett, who, despite what they say, continues to draw his livelihood from the corners of the National Pencil Company; in view of the statements of a great many others who went there to see the blood spots, can we get but one solution of the matter? I say you can not."

"Then they fly onto another subject? It is the way they claim Jim Conley took that body into the basement. But, gentlemen of the jury, you know, and they know, that this body wasn't taken down that scuttlehole. It did not show there where the dust was thick. And then did he shoot her down the cute of the Clark Woodenware's place, where the body would have been concealed better and longer than where the body was found? Did this negro, who, they say, robbed this girl even if he had taken time to write the notes, even if they had hit her with a bludgeon do you think, gentlemen of the jury, that he would have taken the time to tie a cord around her neck a cord seldom found in the basement except when it was swept there with the trash, but the proper place for which was in that metal room on the second floor, where little Mary Phagan met her death? If he had done all that after he had sent her body down the cute why would he have gone down into the basement and have removed the body from its safest hiding place down there at the bottom of the chute, where the dust, trash and boxes would have kept it concealed for weeks at least? Why would he have removed it out there near the oiler, where the firemen and everyone else would have been sure to find it?"

"I tell you, gentlemen of the jury, that body was never sent down that chute; that body was never sent down that scuttlehole. It was taken down into the basement just as Jim Conely says it was."

"They fly off onto other things. Why, on May 1, when Holloway caught Jim Conley washing his shirt, he said, This is my negro.' Fifteen days later, when the second squad of Pinkertons came in, can you tell me, will you tell me, why if he shoved her down that hole, that not until the 15th of May was this bloody bludgeon found, and more blood than this girl has ever been shown to have lost was there?"

"Another thing, Frank said in his statement that this man Quinn came to him and told him he would like to take him back to the metal room, where, the newspapers said, and where everybody else said, and knew that morning, that some blood and some hair had been found."

Stresses Fact Frank Hadn't Examined Spots.

"Although he had seen this in the papers, although he had heard from others in the factory that the spots and hair had been found, although he had been all around there, although the knowledge of the finding of these pots and hair had torn him to pieces, although he was so anxious to get the detectives to work on the case that he had phoned Schiff three times, yet Quinn had to come and ask him to come back there to see the spots."

"Tell me, was that the conduct of an innocent man anxious to help the police? But, strange to say, not even Lemmie Quinn comes to support you in this statement. No one ever saw Leo M. Frank go back there to examine those spots."

"If there was ever a spot on this earth that Frank did not want to see it was the blood spot back there in the metal room, the spot where this little girl met her death. If Frank went down there to the morgue and the sight of that little girl tore him to piece as he tells you it did, let any honest man on this jury tell me why it was he wanted to look upon her dead body again."

"Rogers says he didn't look at it. Black, says he didn't see him look at it."

Attorneys Arnold and Rosser entered strenuous objection.

"Rogers did not say that Frank did

Continued on Page 3, Column 1.

PAGE 3

CROWD SEEKING TO ATTEND THE LAST DAY OF FRANK TRIAL DORSEY ANALYZES NOTES AS HE ENDS STATE'S PLEA

Continued From Page 2.

not see the body," said Arnold.

Dorsey: "It is in the evidence. I am not going to quibble with you. It is the truth and you know it."

"When Frank came into the room," continued the Solicitor to the jury, "he did not see her. And if he went into that room, neither Rogers nor Black saw him look at her."

"I tell you, the truth is that Frank never looked at the body of the girl again. And even if he did, it was but a glace as the electric lights were switched on. He turned and went into another room."

Arnold interposed another objection. "Your honor," he said, "nothing has been said about Frank going into another room."

Dorsey: "It has. It is in the record, Rogers said it."

Arnold: "It is not in the record."

Dorsey: "I say it is in the record and I challenge you to produce it."

"We don't have to produce it," returned Arnold.

Arnold: "We object, your honor, to him saying that we are quibbling."

Judge Calls Halt In Bitter Clash.

Dorsey: "Well, why don't you look it up then?"

Arnold: "Your Honor, we object. He has no right to go in this manner."

Judge Roan: "Mr. Dorsey, you must not say they are quibbling unless they are. If it
is in the record, they are not quibbling unless they are. If it is in the record, they are not quibbling. If it is in the record and they say it is not, then they are quibbling."

"If Frank ever looked that face," said Dorsey, "and I challenge the statement. It was so brief if she was dirty and begrimed, her hair bloody, her features contorted if he didn't know her better than he would have you think he did, he never could have identified her."

"Why did he go back there Sunday afternoon? He had been in the bosom of his family and failed to show any nervousness. He said himself he was torn all to pieces. He went back there to put his ear to the ground to see if there were any whisperings accusing Leo Frank of the crime."

"Rogers didn't see him look at her. Black didn't see him. He himself said the sight tore him to pieces."

"On the way to the police station he trembled on Darley's knee. But like a dog to his vomit, a sow to her wallow, he went back to review that ghastly sight. I ask you if he didn't go back to see if the police suspected Leo M. Frank?"

"He admits his nervousness in the presence of the officers. The Seligs said he was not nervous at home."

Rosser interrupted: "I have the record of that evidence. The question was: You now say he went into that dressing room? A. I wouldn't say. He passed out of my view.'"

Dorsey: "That's cross-examination."

Rosser: "Yes, but it's the truth."

Dorsey: "All right. I am glad you corrected me. The gist of the matter is that he didn't look at the body of little Mary Phagan."

Rosser: "He's wrong about that."

Dorsey: "Take it your way. I am going to throw you that piece of sop. The point is, Frank wanted to get out of the way of the officers. If he went into that room, it was so brief a time, that nobody saw it. He was afraid of anyone who represented the majesty of the law."

"Reads Joke to Assure All of Self-possession."

"Out home Saturday night he wanted to assure every one of his self-possession by reading a joke. The laughter was the laughter of a guilty conscience. It jarred. He wasn't nervous at home. But he trembled when he had to discuss the matter with the minions of the law."

"Frank was nervous when he went to run the elevator. He stated he left the box open because of the request of a member of the fire department, who had told him that in case of fire, there was danger of the firemen being shocked if they could not cut off the power."

"Why was that necessary when it was so simple to get the key and just by turning the handle, open the box. Why didn't they bring firemen here to substantiate him? Old Holloway told the truth when he made that affidavit in my office when he said Old Jim Conley is my nigger.'"

"The true facts are when Frank came down to that elevator Sunday morning, the box was open, and the key was in his pocket."

Rosser: "Now, your Honor, there isn't a bit of evidence to support that statement."

Dorsey (as one of his deputies handed him the record): "Your Honor, the evidence sustains me in this case, just as it did in the other. I am going to read you Boots Rogers' direct testimony: I didn't see him in the room, but I saw him turn into what I thought was a closet, but afterwards found it was a place where someone slept. There was a bed in there.'"

"I don't care what he led out of him," answered Rosser: "I read him the cross-examination, which was the truth."

Judge Roan: "Mr. Rosser, don't interrupt him as long as he stands by the records."

Dorsey: "Yes. I want him to interrupt me. I don't want to misrepresent this case. There is enough straight evidence. I don't want to mislead this jury."

Judge Roan: "I just wanted to know whether you meant the statement that the key was in Frank's pocket as a deduction or a statement of evidence?"

Rosser: "That's what I am objecting to. He stated something that was not so. I don't mean that knew it was not so."

Waives Point As Immaterial.

Dorsey: "I don't care anything about that point. It is my recollection that it is true, but I waive it as immaterial."

"Frank says that after looking at the body he identified it as that of the little girl who had been up the day previous and got her money. He went back to the factory, unlocked the safe, got out his books and found out that there was a girl by the name of Mary Phagan who had got her money the day before."

"This made it impossible for a mistake. He might have added, I found her back in the metal room. I made my lascivious proposals to her. She refused me, I struck her too hard and knocked her unconscious. Realizing my predicament, I choked her to death. I had made her envelope out 52 times a year. I had passed her machine every day that she worked. I had called her by name. I had placed me hand on her should.' Of course, it was Mary Phagan. There could be no mistake."

"Frank said in his statement before you. Geesling turned her head toward me. He put his finger in the wound on the back of her head. Her face was scratched. Her right eye was blackened. Her tongue was out and there was a deep indentation in her neck. There was blood on the back of her head. Her face was begrimed and dirty.'"

"Do you mean to say that in that flash that Frank took at the face, if indeed he did take any glance at all that he could have comprehended all this detail?"

"Is Detective Starnes a perjurer? Frank said that in his conversation with Starnes the morning of the murder, he asked over the telephone: What is the matter; has there been a fire at the factory?' He said that Starnes replied: No, there has been a tragedy and we want you down right away.'"

"But Starnes testified that he never used the word tragedy.' And that he gave Frank no intimation of what had happened. Again, it has been imputed that the detectives and police force have centered all their activities against Frank, and they have refused to hold any theory which involved anyone else. But if they had been looking for the easiest man to convict, wouldn't they have picked out someone else than Frank?"

Easier To Have Picked Some One Else.

"It would have been easier if the detectives wanted to move along the line of least resistance to have picked out Newt Lee, Gantt or Conley."

"Again, Newt Lee says that Frank called up Saturday night something that he had never done before. Frank says that he asked about Gantt; that he asked if Gantt had left the factory yet. But Newt Lee says that Gantt's name never was mentioned, and that Frank only asked if anything had happened at the factory."

"Frank had instructed Newt Lee previously not to let Gantt in, whether because he did not want Gantt to see him talking to little Mary Phagan, I do not know. But when he called up Newt Lee that night, you know it was not so much to find out if Gantt had gone as to find out if Newt Lee in making his rounds had discovered the body of the dead girl."

"Frank's lawyers asked you, Would you convict this defendant on this circumstance, or on that circumstance?' No; but I would put all these circumstances together and I would say, inconformity to truth and justice, that they bound an unbreakable strand about this man. They make such a rope, such a strand, such a cable, that it not only is impossible to conceive any doubt at all."

"Frank was in jail. He made a statement that he didn't leave the office between certain hours. Frank didn't know that his own detective, Harry Scott, had found Monteen Stover, who went to the factory that day and found Frank absent."

"In his statement before you, Frank tried to get around this by saying that he had no recollection of leaving his office, although he may have done so unconsciously as men often do. But I tell you that if he had not been back there with Mary Phagan, Monteen Stover would have seen him and got her pay."

"Harry Scott, working with the city detectives, asked Frank these questions: From the time that you came back from Montay's until you went upstairs at 12:50 to see Mrs. White,
did you leave your office?'" Frank said "no."

"Scott asked: From the time that you left Montag's until Mary Phagan came for her pay, did you leave your office?' Frank said no.'

"Can Not Believe Frank's Story."

"Not until Frank saw the wonderful capacity and the wonderful ability the devotion to truth and right of Harry Scott, did he set him out from his councils. Not realizing the importance of his statement, he told his own detective right in the presence of John Black that at no moment from the time return from Montag's until 12:50 did he stir out of his office."

"Do you mean to tell me that a conscientious jury can believe this man in his statement on the stand which throws aside the story he told his own detective? You can do it, but as you live wherever you go, your conscience will oppress you."

"If you, do it, you lose the peace of mind that goes with a clear conscience and that goes with a knowledge of duty well done."

"He indicated nervousness when he talked to Starnes. When Black went out to get him and he sent his wife to the door, he betrayed nervousness by the rapidity in the form of the questions he put."

"But before that he had warned old Newt Lee to come back at 4 o'clock. Dutiful old darky that he was. Newt Lee was there. He found Frank engaged in washing his hands. He sent old Newt out although Newt insisted that he wanted to sleep, and there were plenty of places around that factory where he could have lain down and had a nap. But no, Frank was waiting for Jim Conley. He wanted him to come back and burn that body so that the police of Atlanta today would not have solved the mystery of the death of Mary Phagan and probably would not have known she was killed in the factory."

"Frank Needed to Be Sustained."

"He didn't want Gantt to go into that factory, but met him at the door. Gantt told him he wanted to get a pair of shoes. I was almost providential that Gantt had two pairs of shoes there. Frank hung his head and said he noticed a boy sweeping out a pair of shoes. He gave the color of the pair, but when Gantt insisted that there were two pairs, he allowed him to go in with old Newt Lee. Lo and behold, both pairs were found!"

"Frank told you how he acted on that occasion. Newt Lee told you how he jumped. Starnes and Black said he was nervous. You say (pointing to Frank) it was because of the auto-ride; it was because you had missed breakfast; it was because of the grewsome sight."

"Oh, he needed to be sustained. He needed someone to support him when he sent his wife to the door. He needed someone to support him when he had her telephone to Darley to meet him at the factory. He needed to be sustained when he sent for Haas. He needed to be sustained when he sent for Rosser, big of reputation and big of frame, dominating and controlling so far as he can, everybody he can."

"And this man Darley we had to get into the enemies' camp to get him. Fortunately, I got on the job early and issued a subpoena for him. Fortunately, Darley did not know he did not have to come, so he obeyed and made an affidavit in my office. Therefore, he came up here and upheld his affidavit in so far as he had to."

"Darley said that Frank was nervous and trembled in the factory. He said he shook like an aspen land when he sat on his lap in the automobile. He said in his affidavit to me Frank was completely unstrung."

"This man called for coffee at the factory, as Durant called for Bromo seltzer; trembling and shaking, he said it was due to looking on such a grewsome sight. Durant explained his appearance from inhaling gas. You tell me these statements of his explain away the evidence of his nervousness? No, you know it was only the consciousness of the infamous crime that he had committed."

"That isn't all. This man Grice was going to catch on the second morning after the murder stopped at the factory and saw him. He swore he was nervous."

Trembled in Shoes at Fear of Scott.

At this point the jury was allowed to retire for a soft drink.

"Old Newt Lee says that when he went back to the factory that Saturday afternoon at 4 o'clock," said Dorsey in resuming his argument "he found the inside door locked. He says that Frank came out of his office and given him instructions. That light down in the cellar that had always burned bright was turned down until it glowed no more than a lightening bug. You tell me old Jim Conley felt the necessity of turning down that light? I tell you it was turned down by Leo Frank when he went down to place the notes beside the body after he had found that Jim Conley wasn't coming back to burn it."

"He turned it down in the hopes that Newt Lee would not discover the body that night."

"And here is Harry Scott. It didn't take an affidavit to hold him to the truth, though I tell you I trembled in my shoes after my experience with Darley. While he was their detective, Scott was one of the most important witnesses for the State. For a time, I was fearful he had thrown me down. But he stood by the truth like a man. He said that Frank squirmed and twisted in his seat; rubbed his face, sighed and drew deep breaths."

"On his way to the police station, Darley, the man next to him in power, said he trembled on his knee that he was nervous and pale; that his eyes were large."

"Tuesday morning, just before he was arrested, if he ever was arrested, Policeman Waggoner, sent to watch him from across the street, found him pacing back and forth in his office. He said that he came to the window and looked out at least twelve times within thirty minutes."

Not Dared To Impeach Kelley.

"I have already talked to you about the time element. The defense has shown that McCoy did not have a watch. They have tried to down George Kenly, and there have been impeachments on both sides. They have tried to impeach George Epps, but there is one man for the State upon whom they have not dared to cast suspicion. That is this man M. Kelly, who rode on the same car with Matthews and Hollis from Broad and Marietta streets to beyond Hunter. He says that he knew Hollis and Matthews and that he knew Mary Phagan was not on the car. There is no impeachment of him."

"Mr. Rosser says that he does not care anything about the medical evidence that he paid but little attention to it. Well, gentlemen of the jury, I am not going back on my praising, and there is nothing more wholesome for the normal stomach than cabbage, cornbread and buttermilk, and it's good enough for any man."

"Rosser's words that he does not care for the medical evidence are belied by the number of men they brought in on this particular evidence. They did not bring one reputable chemist to refute the testimony of Dr. Roy F. Harris. They brought in surgeons and general practitioners. Why, I would not be surprised if their reason or going out to get these general practitioners was not in the effort to get some of the family physicians to bring here and influence the jury."

Arnold objected.

"Your honor," he said, "that is absolutely unfair. It is insulting to the jury."

"I insist that my words are eminently proper," said Dorsey. "I have not changed any fact. I am simply expressing my opinion. I am going to compare the qualifications of the physicians they brought in with that of the experts we placed upon the stand. They went out and got general practitioners, and I am bringing out the fact that there must have been some other reason than any knowledge their physicians might have."

"Go on," said Judge Roan.

"I thought so," said Dorsey.

Arnold Objects To Dorsey's Statements.

"Your honor, we object to that," said Arnold. "He has no right to make such comments as that."

"He has the right to comment on his opinion," said Judge Roan.

"Well, we want both of our objections recorded, your honor," said Arnold. "Of course, you may rule them out, but we insist on it just the same."

"I can see no other reason," continued Dorsey, "for going out and getting general practitioners
except upon that theory, and I saw that the number of doctors put up here by the defense belies the statements of Mr. Rosser that they did not attach much importance to the State's contention that little Mary Phagan met her death at a certain time."

"I say, gentlemen of the jury, that Mary Phagan met her death some time between the time she entered the factory shortly after noon and the time Mrs. White came in at 12:35 or whatever time it was and found Frank at the safe and Frank jumped at the sight of her."

"Then they put this young man of seven years' experience, the young man from Michigan against Dr. Roy F. Harris, secretary of the Georgia State Board of Health, a native born Georgian and one of the most eminent authorities in the State. Mr. Rosser says that he admitted Dr. Harris' father to the bar and that his father was one of the brainiest men he ever knew, but that his son is not of the same quality."

"But, gentlemen of the jury, will you take the opinion of the young men of seven years' experience and the other young men, the pathologist of Alsace Loraine, against the opinion of Dr. Harris. Take this man Olmstead, surgeon of the Georgia Railway and Electric Company, a man who saws off bones and experiments with cabbage in diseased stomachs. Why this man had a perfect diarrhea of words and constipation of ideas. You tell me that his word and that of the other general practitioners tis to be taken against such testimony as that of Roy Harris, a pathologist of note, and against Clarence Johnson and of Niles and Funke?"

"I want to read you here an excerpt from the address of a lawyer named Hammond, who was prosecuting a man by the name of Dunbar for the murder of two little children. His words are better than I could speak. It will explain the cause of all this nervousness of Leo Frank."

Nature's Accusation, He

Calls Nervousness.

"It had to come, a mighty secret of fact in his heart, the overwhelming consciousness of guilt. It was nature overburdened with a terrible load that spoke. It was fear, remorse and terror, remorse for the past and terror for the future. Special shadows dotted before him, the specter of the girl, this trial, the gallows, and infamy. Guilt forces itself into the speech and conduct and is its own betrayer."

"So far not a word about Conley. Let us discuss Conley for a moment. We can leave Conley out and we have got a course of conduct indicative of guilt, because it is consistent with the theory of guilt and inconsistent with any other hypothesis."

"Is Dalton a low-down character? If so, is he not exactly the kind of a man that would be found consorting with this woman. Daisy Hopkins, I grant you that Dalton in his younger days was not what he would have been. You brought witnesses from Walton County to testify as to his bad character, but we took Dalton after he got to Atlanta and did for him what you didn't dare to do for Daisy Hopkins. We gave him a good character. Rosser says, Once a thief, always a thief.' He says that a thief is eternally damned, but Christ in His dying agony on the cross turned to the thief at his side and said, This day shall thou be with Me in Paradise.'"

"If our religion teaches anything, it teaches that a thief can be reformed; that he may be rehabilitated and become a useful member of society."

"Did we sustain Dalton? By far more witnesses than you put here to impeach him. Did we sustain Dalton? We sustained him not only as to character, but also by C. T. Mayer, unimpeached and unimpeachable, who testified that he actually saw Dalton go into the pencil factory with a woman."

"Corroboration of Conley? Of course, it's corroboration of Conley. They failed absolutely and ingloriously to explain this woman, Daisy Hopkins, which is another corroboration of Conley."

Rosser Could Have Found

Who Dressed Up Conley.

"Rosser said he would give anything to know who dressed Jim Conely up. If he would use half the effort to find this out that he did to impeach Dalton he would have found it out really enough. The man who dressed up this negro, whom you would have dressed in deserved not the condemnation but the praise of this jury."

"Let us see why Jim Conley should now have been delivered into the hands of the police, which, if no better than the Sheriff, are just as good."

Dorsey picked up a copy of the plea in the habeas corpus proceedings which resulted in the removal of Conley from the county jail back to the police station, and read it through.

"This plea charged many things,"

Continued on Page 12, Column 1.

PAGE 4

SECRETS OF THE FRANK, GUILTY JURY THAT CONVICTED FRANK GOING TO LAST DAY IN COURT DEPUTY MINOR A.H. HENSLEE

F. E. WINBURN

J. T. OSBURN

C. J. BOSSHARDT

A. L. WISBEY

J. F. HIGHDON

E.V.L. SMITH

M.S. WOODWARD

W. F. MEDCALF

M. JOHENNING

D. TOWNSEND

W. M. JEFFRIES

JUROR REVEALS HOW

VERDICT WAS REACHED

The Georgian today reveals some of the innermost secrets of the jury which convicted Leo M. Frank of the murder of little Mary Phagan. This inside story of the greatest criminal case in the South's history is an intensely interesting revelation of the workings of men's minds.

It casts upon the various points made by the defense and the prosecution the light in which they were viewed by the twelve men who were chosen to act as the judges. It ends with the last memorable meeting of these men on the top floor of the courthouse Monday afternoon which culminated in the fateful verdict: "We the jury find the defendant guilty."

The information is given herewith as it was obtained by a reporter for this newspaper from one of the jurors late Monday night while the full weight of his grim burden still rested upon him. It is told in his own, impressive words.

"It was the only thing we could do. The evidence was against Frank from start to finish. And so we did our duty, as we had sworn to do."

Dorsey's Youth and

Sincerity Won.

"It would be hard to say what, of all the trial, made the greatest impression on the jury. It was probably the Solicitor General himself. He was a marvel. His youthful appearance, coupled with his sincerity, made a wonderful hit. There wasn't a minute of the hours that he spoke that he didn't seem to mean every word that he uttered."

"Dorsey is a forceful speaker. He puts emphasis behind his words. And he drives his points clear in and clinched, them on the other side. They had stuck with us. They had the evidence behind them to make them stick."

"His theory of the murder was the one we accepted. It was the one the evidence upheld. That was the way Frank killed that girl."

"While the negro watched downstairs, he took the little girl back into the metal room and struck her, and then with a cord strangled her to death. Then those notes were written as the negro told us and placed beside the body."

"In the Dorsey's argument there was one little sentence which seemed to imbed itself in the minds of every man on the jury, when he was speaking of the agreement between Frank and Conley that the negro should come back to the factory and burn the body. The sentence was this: And if the smoke from that little girl's burning body had gone curling up into the air, old Jim Conley would have hanged for another man's crime.'"

Hooper's Action

Had Its Effect.

"Those words went a long way toward keeping Jim Conley from Hanging, probably. They drew a contrast between right and wrong which made us look again into the evidence before us. And the narrow escape which the negro had made us shudder."

"There was another thing which impressed that jury. It was Frank Hooper's sacrifice to Dorsey. We called it that. Hooper had the chance of

Continued on Page 3, Column 1.

PAGE 6

JUROR REVEALS GRAPHIC STORY OF VERDICT

Interesting Account of Work of

Frank's Judges Is Unfolded by

One of Them.

Continued from Page 1.

his lifetime there to
make a wonderful speech when he opened the State's argument. We were half expecting one. His reputation was known to us. And when he ended there was some disappointment. We said he had not done his best.

"Then we saw his sacrifices. He had only made a plain statement of the State's case and left for the Solicitor General whatever fame and fortune there was to be won by the State's counsel."

"The jury heard none of the cheering for Dorsey outside the courtroom at any time. We heard the crowds in the courtroom laugh at times, and we laughed, too, but that had no effect."

"Probably the hardest job we had was to sit there and face Frank's mother and his wife with the slowly growing feeling of the defendant's guilt. Some of the jurors cried when Frank's wife broke down following his speech. It was an impressive thing to us. Yet it didn't effect the evidence."

Frank's Speech

Caused Wonder.

"The trouble with Frank's speech was the same as the trouble with the entire defense. The evidence declared to us that he was guilty and no words of his could disprove that fact. Everybody felt the weight his wonderful calm and dispassionate manner carried while he was talking. Yet the marvel was that a guilty man could do it. That was all."

"The defense made a wonderful fight with the evidence they had. Mr. Arnold was admired for his skillful work by every member of the jury. We saw every point that he brought out, and yet they all lacked weight."

"Probably nothing else in the whole case was of more interest to us that Luther Rosser's cross-examination of Conley. We thought it was a master's display of human ingenuity. Yet in the jury's mind it was like skyrocket, soaring up into the heavens to cast its fountain of brilliance about and then die out. The negro's story remained as he had told it. That had a tremendous effect in the verdict."

"Then there was that cabbage. It was astonishing the amount of knowledge was displayed by the members of the jury when the technicalities of medicine were brought out. We understood it all. The specimen of cabbage taken from the little Phagan girl's stomach was passed around amongst us in the jury room and we could easily see that it had not been digested."

"That also had its effect. There were men amongst us who luckily were well up on digestion. The experts said very little that we did not understand. But I will venture to say that few of the men of that jury will ever eat cabbage again."

Full Force of Deputy Strikes Home.

"It is a terrific thing to be on a jury which holds a man's life in its hands. The weight seems heaviest during the early days of the trial. You are struck with the somber faces of your fellow jurymen first; then in the mirror you see that your own face is as somber as the real, and the full force of the duty in front of you strikes home. You realize that before you become a freeman again you shall have disposed of the life of a fellowman."

"Yet, strange to say, there wasn't one among us who tried to flinch from his full share of the work. Each seemed eager from the start to do what he had sworn to do, and the determination seemed to grow as the days passed. When we left the courtroom this afternoon with the judge's charge there wasn't a doubt in the mind of anyone of us that justice would be done. I think that thought, in a great measure, was the cause for our quick decision."

"Of course, we didn't dream that the case would last as long as it did. Some of us hadn't prepared for it. It meant a loss of a great deal of money to many of the men. Yet when this was brought up along in the second week, when no end was in sight, it took only one mention of the task before us to make all else look infinitesimally small. Jurydom is a sphere where money is not known."

First Week Was Longest of All.

"The first week of the trial was longer than all the rest put together. It was a bit difficult for us to get acquainted. We were all a little bit suspicious of each other. Outside of a few comments on immaterialities, practicality nothing was said about the case. We didn't care to talk about it, even to our roommates."

"Then somebody brought in a checker board and someone else a deck of cards. The social life in jury quarters blossomed out in full blast."

"It was a most welcome diversion, too. We had little enough exercise as it was and there was nothing left but to brood on the case."

"And by the middle of the second week, there wasn't a more sociable and jolly set of men this side of

FRANK AND HIS WIFE HEAR JURY'S VERDICT

Frank received the news with fortitude the news with fortitude and appeared to be more concerned about his wife than himself.

The verdict of the jury was announced to Frank and his wife by Rabbi Marx and Dr. Rosenberg.

heaven, I don't believe. There were checker matches and setback tournaments and a great rivalry for the championships. I don't believe that there was an amateur among the bunch which went into that jury who didn't come out an expert. With nothing else to do much at night, one can learn a great deal about cards and checkers in three weeks."

"There was no gambling. And each Sunday we read from the Bible and sang religious songs. In fact, we held regular services every Sabbath day. It didn't matter what churches we belonged to; each was as fervent as the other. While in Rome we did as the Romans do. Seriously, though, I think that the proposition we were up against in judging of a man's life had a good deal do with that fervor."

Same Word On Each Jury Slip.

"As for the judgement witnessed, there is little to say. As weighty as the task may seem, it was simple. There was but one ballot and on the twelve slips which were handed into Foreman Winburn the single word guilty' was written. Yet, no one seemed surprised. There was an unanimity of feeling amongst us."

"Don't think that we had not considered the case fully. And don't think that there was a man amongst

FRANK ENTERING JAIL AFTER ROAN'S CHARGE

Leo M. Frank

us that wanted to do what we did. Yet, day after day, the pressure grew heavier, as the case was put before us. From a slight head it became an oppression; then a nausea and at last a sickening scene of the grim fact that, Frank was guilty and we were going to give the world that verdict."

"It was horrible that time we spent in deliberation. Everyone knew what was going to be done, though hardly a word was spoken, until we had agreed. We were spellbound with dread. Then someone suggested a drink. That enlivened us and we began to breathe again."

"You ask what brought us to our verdict so readily? I have told you. It was the only thing that could be done, and we knew it, even as we ascended the stairs to the jury this afternoon. No argument was needed."

PAGE 4

JUDGE STAYS SENTENCE; NEW TRIAL TO BE ASKED

Luther Rosser, chief of counsel for Leo M. Frank, convicted of the murder of Mary Phagan, announced Tuesday that he would make a motion before Judge L. S. Roan during the day asking a new trial for his client.

Rosser declared that if the motion was denied he would at once make preparations to carry the case to the Supreme Court of the State of Georgia.

Judge Roan announced Tuesday that he had held up the sentence of Frank temporarily and that he had not definitely decided at what time he would pronounce the penalty for the crime of murder of which Frank was found guilty Monday afternoon.

It is known that Luther Rosser and Reuben Arnold, attorneys for the convicted man, are preparing for a fight for his life through the highest courts, although they would issue formal statement Tuesday.

The two lawyers are resting for a few days from the exhausting struggle in which they engaged for four full weeks, but within a short time they will resume their efforts to prove the young factory superintendent an innocent man.

The report that Attorney Rosser had collapsed proved untrue. He told the newspapermen Tuesday that aside from a severe hoarseness he felt as lively and belligerent as ever.

Emil Selig, the father-in-law of Frank, brought him his breakfast Tuesday morning. The convicted man, if he suffered any shock from the verdict Monday, was said to have recovered entirely from it by the morning. He was as stoical as ever and even while in the shadow of the gallows he expressed himself as just as certain that he ultimately would be exonerated of the terrible crime as he was on the first day he was suspected.

Mob Influences Jury, He Says

"My God! Even the jury is influenced by mob law, "were the words with which he greeted the news of the verdict Monday afternoon.

Frank was with his wife at the Tower when the intelligence came. Rabbi Marx, Dr. Rosenberg, the Frank family physician, and a number of other friends were in the office of Sheriff Mangum, Dr. Rosenberg arriving some minutes after the verdict was known at the courthouse.

Rabbi Marx and Dr. Rosenberg went with the news to the man and his wife.

"The Jury has found you guilty, Leo," said the physician.

Mrs. Frank screamed and broke into hysterical weeping. It was her husband who calmed her and assured her that everything would be all right in the end.

Persuades Her To Leave Jail.

Within a few minutes he persuaded her to leave the jail in company with Rabbi Marx and Dr. Rosenberg. The traces of the fears were still on her face when she came through the corridor. With the aid of her escort she

PAGE 5

FRANK'S ATTORNEYS TO CARRY PLEA FOR A NEW TRIAL TO HIGHEST COURT

Continued from Page 1.

avoided the newspaper men and entered the waiting automobile.

Dr. B. Wildauer came down shortly after. "I am an innocent today as I was a year ago," was Frank's comment on the verdict, according to Dr. Wildauer.

The blinds of the Selig home at No. 68 East Georgia avenue, where Frank and his wife lived with her parents, were closed Tuesday morning. Neighbors said that Mr. and Mrs. Selig and their daughter had stayed with relatives over night.

Judge Must, Under Verdict,

Pass Sentence of Death

Just four months after the murder of Mary Phagan, Leo M. Frank stands convicted of the slaying of the slaying of thee 13-year-old girl in the National Pencil factory.

No recommendation for life imprisonment was made by the jurors, this circumstance making it imperative, according to the charge by Judge L. S. Roan, that a sentence of death by hanging be passed upon him. Judge Roan declined to say Tuesday the exact time when he would pass sentence.

Neither the prisoner, his relatives, friends nor any of his counsel appeared in the courtroom when the dread verdict was rendered. The sole representative of the defendant was Stiles Hopkins, a member of the firm of Rosser, Brandon, Sigton & Phillips, who was designated present and nave for Attorneys Rosser and Arnold the presence of the prisoner. A motion for a new trial will be made by Rosser and Arnold.

Populace Cheers Verdict.

The jurors were quick in arriving at their ballot. The case was given into their hands at 12:49. They went immediately to lunch and returned to the courthouse at 1:35. They proceeded to the election to the election of Fred Winburn as foreman and entered upon an informal discussion of the merits of the case. It was apparent that the jurymen were practically of one mind. They cast their ballot. At 3:21 it was known that the verdict was "guilty." At 4:56 the result was announced in the courtroom.

To avoid any sort of a demonstration, the courtroom was cleared of all spectators when it became known that the jury was ready to render its verdict. Everyone was excluded except Solicitor Dorsey, Attorney Hooper and attaches of Dorsey's office, several other members of the bar and newspaper man.

Hardly had Foreman Winburn read the words which branded the young factory superintendent a murderer before a mighty shout went up outside the building. The great crowds surging on all sides of the courthouse seemed to have had occult knowledge of the verdict at the very instant it was given utterance.

The news spread like magic. While the cheers still were rending the air, newsboys swooped down upon the courthouse and radiated in different directions from their offices, crying the extras on the verdict.

Frank was in the Tower with his young wife when the verdict was returned.

"My God! Even the jury was influenced by mob law," was the exclamation with which the accused man met the news of the verdict of guilty.

"I am as innocent as I was one year ago," be continued.

Frank would not talk at length to the newspaper men. His wife, who had shown the strain of the last hours of the trial throughout the day, collapsed in tears. Rabbi Marx and other friends of the family were at the tail when the fateful news came. They declared that nothing had developed since the beginning of the trial to shake their belief in Frank's entire innocence.

After the concluding words of the judge's charge Monday afternoon, the jury fled from the courtroom and several score of persons took advantage of the leniency of the court deputies to crowd inside the doors.

In a haze of smoke from innumerable cigars and cigarettes and from the explosion of flash light powder, the motley roomful of spectators waited impatiently for some sign that jurors were ready to return to the room. Any unexplained move on the part of Sheriff Mangum or one of his deputies was the signal for a little flurry and the rumor that a verdict had been reached.

Frank's Presence Waived.

Several newspaper men sat on the sixth floor of the uncompleted new courthouse and calmly watched the proceedings of the jurymen on the fourth floor of the old building. The election of Winburn as foreman was noted, as well as other retails incident to the deliberations. Finally, it became known that a verdict had been reached. This was an hour before the jurors came down stairs. Judge Roan was sent for. An effort was made to get Solicitor Dorsey, but he could not be reached at once.

Assistant Solicitor E. A. Stephens and Frank Hooper, Dorsey's associates in the case, entered the courtroom and immediately were inserted in conference with Judge Roan. The discussion was in regard to the waiving of the prisoner's presence in the courtroom.

The two attorneys did not wish to speak definitely for the Solicitor on the matter, but neither could see any objection to this procedure - if the waiving was formally made by a representative of Rosser's firm. A little later the spectators were disappointed by the order to clear the courtroom. Dorsey entered just as this order was given. Within five minutes the jury was in the courtroom and the verdict had been returned.

Frank's Friends Hopeful;

I'm Vindicated'---Lanford

Though he has been convicted or the most terrible crime in the history of the South, the friends who have stood steadfastly by Leo Frank during the four long months since Mary Phagan's body was found have not deserted him. They still persist that he is innocent and declare that time will uncover the guilty person and give the young factory superintendent his freedom.

Rabbi David Marx, one of Frank's staunchest supporters, who has been with the convicted superintendent almost constantly since he was first arrested on suspicion of being connected with the crime, was one of the most surprised men in Atlanta when the verdict was returned. He had confidently expected an acquittal, but even with the sentence of death hanging over Frank's head, the devotion with which Rabbi Marx has stood by Frank which has been the admiration even of those who believed Frank guilty does not falter.

Rabbi Marx Astounded.

Dr. Marx was with Frank when the latter was notified of the verdict, and he suffered almost as heavily as the convicted man.

"I am stunned and surprised," Dr. Marx said. "I can not believ
e it. I know Leo Frank is innocent I know he is incapable of such a crime. My faith in him has not been shaken by the verdict of the jury. I ask that the public suspend final judgement until an appeal for a new trial is made."

Shortly after Frank had been notified of the verdict Dr. Marx left the jail for a conference with Frank's attorneys. He returned later to lend what comfort he could do to the prisoner, and remained with him in his cell until a late hour.

Fair Trial, Says Lanford.

Chief of Detectives Newport Lanford, head of the department which aided in securing the evidence that convicted Frank, has issued a statement declaring that the trial of the factory superintendent was the fairest he had ever seen.

"I have never figured in a case where the prisoner was given more privileges and liberties than Frank has received," Chief Lanford declared. "A body of twelve men in high standing in the community have found him guilty of the murder of Mary Phagan, and, in my opinion, the verdict was a just one. I think nearly everyone who is familiar with the case believes him guilty."

"It is very gratifying to the members of my department that the jury, after careful deliberation, found Frank guilty. I am not surprised at the verdict, however, nor are any of the detectives who have worked on the case."

"We have worked very had since little Mary Phagan was murdered and have tried to get at the truth regarding the terrible crime. We have been severely condemned by a few persons, most of whom are unfamiliar with the case and with police methods of obtaining evidence, but the verdict of the jury is a complete vindication of our department. We feel that we have received the greatest reward possible the conviction of the man responsible for the death of Mary Phagan."

Phone Worked Overtime.

The interest in the residence sections of the city was fully as great as downtown when the verdict came in Monday. Officials of the Southern Bell Telephone Company have made the statement that never in the history of the company have the city telephones been in such universal use as Monday afternoon. Three times as many calls were registered between 3 and 6 o'clock, when the excitement was at its greatest height, as have ever been registered before during an entire day. A special corps of operators was on duty at the exchanges, but they were swamped with the volume of the calls and were unable to attend to more than half of them.

FRANK ENTERING JAIL AFTER ROAN'S CHARGE

Leo M. Frank

Pierce Loses Pinkerton Job

By Actions in Phagan Case

As a result of the charges made by the police of unfair dealings by the Pinkerton operatives in the investigation of the Phagan case. H. B. Pierce, superintendent of the agency in Atlanta, tendered his resignation. It was promptly accepted by A. K. Corwardin, general superintendent, of New Orleans, who arrived in the city Monday.

Insubordination to the agency's rule demanding the co-operation of its operatives with the local police in criminal investigations was charged against the superintendent.

The specific charge which brought about the removal of Pierce grew out of the finding of the blood-stained stick on the first floor of the pencil factory by Pinkerton operatives. It was claimed by the police that the stick was withheld from them by Pierce, to whom it was turned in by the finders, and the butt of a buggy whip substituted. The stick itself was turned over to the defense.

"This action by Mr. Pierce was in direct opposition to the rules of the Pinkerton Agency," said Mr. Corwardin. "Our charter to operate in Atlanta carries the agreement that our men withhold nothing from the city police which they may secure in investigations of criminal cases."

"Explicit orders demanding that this agreement be carried through to the letter have been in effect in the Atlanta office since the agency was started here, and when Mr. Pierce disobeyed them, there was but one thing left to do."

While no intimation was given by General Superintendent Corwardin as to who would be Pierce's successor, it is generally reported that Harry Scott would be appointed to fill the position. The report is founded on the withdrawal of Scott's appointment to the superintendency of the Houston, Texas, office, which was made shortly before the charges against Pierce were made public. This promotion of Scott was made as a result of his work in the Phagan case investigation, in which he was the field marshal for the Pinkertons.

Mr. Corwardin admitted that Scott would stay in Atlanta.

PAGE 7

FRANK SENTENCED TO HANG OCT. 10

Condemned Man Protests His Innocence to the Court

FRANK AND HIS WIFE HEAR JURY'S VERDICT

Frank received the news with fortitude the news with fortitude and appeared to be more concerned about his wife than himself. The verdict of the jury was announced to Frank and his wife by Rabbi Marx and Dr. Rosenberg.

ROSSER ASKS FOR NEW TRIAL; PREPARES TO GO TO SUPREME COURT

Still protesting his innocence, Leo M. Frank, college graduate and superintendent of the National Pencil Factory, was Tuesday sentenced "to hang by the neck until dead" on October 10, by Judge L. S. Roan before a small crowd of attorneys, newspapermen and a few friends.

Attorneys, Reuben Arnold and Luther Rosser, who had already branded the trial held for four weeks as a farce in which the jury was influenced by "mob sentiment." Judge Roan fixed October 4 as the date for hearing arguments.

A long and notable legal fight is certain over the effort to save Frank from paying the penalty fixed by the court. The case will be carried to the highest courts if Judge Roan refuses a new trial.

There was the hush of horror as the dreadful "Hanged by the neck until dead, and may God have mercy on your soul," were uttered by the judge. The signs of Franks emotion were few as ever. A few minutes later he was asserting, clearly and calmly his entire innocence.

Frank heard his sentence with but a slight show of nervousness. He stood leaning slightly against the railing in front of the judge's bench looking straight into Judge Roan's eyes. Occasionally he moistened his lips, but otherwise he was calm. His eyes though were bloodshot and his skin more pronouncedly white than ever before.

Judge Roan addressed him:

"The jury which has been trying you for the last several weeks has found you guilty. Have you anything to say why sentence should not be passed on you at this time?"

Frank leaned slightly against the railing and placed one hand behind his back before replying. Then he said in a calm, even voice:

"Your Honor, I say now as I have always said: I am innocent. Further than that, I will state that my case is in the hands of my counsel."

The prisoner's voice was so low that for a moment his hearers were not aware that he had finished a deathly silence reigned. Then Judge Roan spoke:

"Your counsel inform me that they will move for a new trial," he said, addressing Frank, "but in the meantime, it is my sworn duty to pass sentence on you."

"I have tried to give you a fair trial. I may have erred, but I have done my duty as my conscience dictated."

Judge Roan then picked up from his desk the sheet of paper upon which his sentence was written. As he did so, through some slight misunderstanding, the crowd arose to its feet.

"Take your seats; take your seats," said Judge Roan, then read the sentence. In legal form, it was this:

"The State against Leo M. Frank; indictment for murder; Fulton County Superior Court, May Term, 1913. Verdict of guilty. July term, August 25, 1913."

"Whereupon it is considered ordered and adjudged by the court that the defendant, Leo M. Frank, be taken from the bar of this court to the common jail in the County of Fulton, and that he be safely there kept until his final execution in the manner fixed by law:"

< p>"It is further adjudged by the Court that on the tenth day of October, 1913, that the defendant, Leo M. Frank, he executed by the Sheriff of Fulton County in private, witnessed only by the executing officer, a sufficient guard, the relatives of the said defendant and such clergymen and friends as he may desire:"

"Such execution to take place in the common pall of Fulton County, and that said defendant on that day between the hours of 10 o'clock a.m. and 2 o'clock p.m. be by the Sheriff of Fulton County banged by the neck until he shall be dead, and may God have mercy on your soul."

"In open court, this 26th day of August, 1913. L. S. Roan, Judge of the Stone Mountain Circuit, presiding."

"When Judge Roan had finished reading the sentence Frank sank back into a chair between his two friends, Leo Strauss and Julian Boehm. His face had grown a bit paler, but the calm stolidity which characterized his attitude throughout the grim proceeding remained.

Attorney Reuben Arnold, who had defended Frank at the trial, arose and addressed Judge Roan.

"Your honor," he said, "we make a motion for a new trial."

"I will hear the arguments on the motion on October 4," replied Judge Roan.

Luther Rosser, Frank's chief of counsel, as heard to remark, aside when this date was fixed: "Well, that will extend the time of execution then."

At 10:40 o'clock Frank took his place between two deputy sheriffs and was escorted down to an automobile waiting below and whisked off to the jail. At the doorway to the Thrower building another automobile containing Mrs. Leo Frank was waiting. When Frank emerged from the building, he exchanged glanced with his wife, but no words were spoken.

When the machine with the prisoner moved out into the street towards the jail Mrs. Frank's automobile fell in behind and followed.

No Women Hear

Sentence Passed.

But a few persons not more than 30 in all heard the passing of the sentence. Amongst them there were but two of Frank's friends, Strauss and Boehm. The other witnesses were made up of Sheriff Mangum, half a dozen deputy sheriffs, numerous court attaches and newspapermen. There were no women in the courtroom.

Frank came in before this counsel. Smilingly the nodded to those in the

PAGE 8

JURY THAT CONVICTED FRANK GOING TO LAST DAY IN COURT

DEPUTY MINOR

A.H.

HENSLEE

F. E. WINBURN

J. T. OSBURN

C. J. BOSSHARDT

A. L. WISBEY

J. F. HIGHDON

E.V.L. SMITH

M.S. WOODWARD

W. F. MEDCALF

M. JOHENNING

D. TOWNSEND

W. M. JEFFRIES

WIFE, MOTHER EMBRACE

FRANK AFTER SENTENCE

Continued from Page 1.

room. Shortly after he had taken a seat Rosser and Arnold came in and took seats close by Frank.

To Arnold, Frank leaned over and whispered:

"What shall I say?"

"That your case is in the hands of your counsel," replied the attorney.

Sheriff Mangum escorted the judge to his bench and stood during the reading of the sentence with his back to the window near the bench, facing the crowd. He did not look at Frank throughout the proceedings.

At the close of the sentence there was no demonstration of any kind. Quietly the crowd filed out behind Frank and waited until the elevator, descending from the fourth floor with the prisoner and his captors only, returned for them.

Wife and Mother

Embrace Prisoner.

The automobile bearing Frank, with the fateful words "sentenced to hang by the neck till dead" still echoing in his ears, arrived back at the grim old Tower at 10:40 o'clock. Frank stepped out between Deputies Burdette and Owens. His face was a bit sallower, hie eyes a little wider open. Otherwise he was the same astoundingly cool prisoner.

The trio walked to the jail door and Frank asked his escorts to wait a moment. A minute later another car drew up and the devoted wife of the convicted slayer alighted, Deputy Scuttles at her side.

Frank's face lighted up. Mrs. Frank smiled the tragic smile of courage and loyalty and they were clasped in each other's arms, the young wife showering kisses on the man who had just heard his doom pronounced.

They disappeared into the gloom of the jail corridor, Mrs. Frank's arm around her husband's shoulder a shielding, motherly embrace that touched the men who walked with averted faces at Frank's side.

A moment more and Frank was in his mother's arms at the cell screened from foreign eyes and words of hopes showered upon him to drown the echo of the terrible pronouncement of a brief while back.

The young woman was dressed in black, relieved only by a white lace collar. She looked composed, but the traces of a night and weeping were in her eyes. The mother was pale and worn. Neither would talk to newspaper men.

Mob Influences

Jury, He Says

Emil Selig, the father-in-law of Frank, brought him his breakfast Tuesday morning. The convicted man, if he suffered any shock from the verdict Monday, was said to have recovered entirely from it by the morning. He was as stoical as ever and even while in the shadow of the gallows he expressed himself as just as certain that he ultimately would be exonerated of the terrible crime as he was on the first day he was suspected.

"My God'. Even the jury is influenced by mob Law," were the words with which he greeted the news of the verdict Monday afternoon.

Frank was with his wife at the Tower when the intelligence came Rabbi Marx, Dr. Rosenberg, the Frank family physician, and a number of their friends were in the office of Sheriff Mangum, Dr. Rosenberg arriving some minutes after the verdict was known at his courthouse.

Rabbi Marx and Dr. Rosenberg went with the news to the accused man and his wife.

"The jury has found you guilty, see," said the physician.

Mrs. Frank screamed and broke into hysterical weeping. It was her husband who calmed her and assured her that everything would be all right in the end.

Within a few minutes he persuaded her to leave the jail in company with Rabbi Marx and Dr. Rosenberg. The traces of the tears were still on her face when she came through the corridor. With the aid of her escort, she avoided the newspaper men and entered the waiting automobile.

Dr. B. Wildauer came down shortly after. "I am as innocent today as I was a year ago," was Frank's comment on the verdict, according to Dr. Wildauer.

The blinds of the Selig home at No. 68 East Georgia avenue, where Frank and his wife lived with her parents, were closed Tuesday morning. Neighbors said that Mr. and Mrs. Selig and their daughter had stayed with relatives overnight.

Pierce Loses out

Because of Case.

As a result of the charges made by the police of unfair dealings by the Pinkerton operatives in the investigation of the Phagan case. H. R. Pierce, superintendent of the agency in Atlanta, tendered his resignation. It was promptly accepted by A. L. Corwardin, general superintendent, of New Orleans, who arrived in the city Monday.

Insubordination to the agency's rule demanding the co-operation of its operatives with the local police in criminal investigations was charged against the superintendent.

The specific charge which brought about the removal of Pierce grew out of the finding of the blood-stained stick on the first floor of the pencil factory by Pinkterton operatives. It was claimed by police that the stick was withheld form them by Pierce, to whom it was turned in by the finders, and the butt of a buggy whip substituted. The stick itself was turned over to the defense.

"This action by Mr. Pierce was in direct opposition to the rules of the Pinkerton Agency," said Mr. Corwardin. "Our charter to operate in Atlanta carries the agreement that our men withhold nothing from the city police which they may secure in investigations, of criminal cases."

"Explicit orders demanding that this agreement be carried through to the letter have been in effect in the Atlanta office since the agency was started here, and when Mr. Pierce disobeyed the, t
here was but one thing left to do."

While no intimation was given by General Superintendent Corwardin as to who would be Pierce's successor, it is generally reported that Harry Scott would be appointed to fill the position. The report is founded on the withdrawal of Scott's appointment to the superintendency of the Houston, Texas, office, which was made shortly before the charges against Pierce were made public. This promotion of Scott was made as a result of his work in the Phagan case investigation, in which he was the field marshal for the Pinkertons.

Mr. Corwardin admitted that Scott would stay in Atlanta.

Trial a Farce, Say Attorneys

L. Z. Rosser and Reuben Arnold, counsel for Leo Frank, issued the following statement this morning:

"We deem it not amiss to make a short statement, as the attorneys of Leo M. Frank, to the public."

"The trial which has just occurred, and which has resulted in Mr. Frank's conviction, was a farce and not in any way a trial. In saying this, we do not make the least criticism of Judge Roan who presided. Judge Roan is one of the best men in Georgia, and is an able and conscientious judge."

"The temper of the public mind was such that it invaded the courtroom and invaded the streets and made itself manifest at every turn the jury made; and it was just as impossible for this jury to escape the effects of this public feeling as if they had been turned loose and had been permitted to mingle with the people."

"In doing this we are making no criticism of the jury. They were only men, and unconsciously this prejudice rendered any other verdict impossible."

"It would have required a jury of stoics, a jury of Spartans, to have withstood this situation."

"The time ought to come when this man will get a fair trial, and we profoundly believe that it will."

"The final judgement of the American people is a fair one. It is sometimes delayed in coming, but it comes."

"We entered into this case with the profound conviction of Mr. Frank's innocence. The result has not changed our opinion. Every step of the trial has intensified and fortified our profound conviction of his innocence."

"L. Z. ROSSER,

"H. R. ARNOLD."

Frank's Friends Hopeful;

I'm Vindicated'---Lanford

Though he has been convicted or the most terrible crime in the history of the South, the friends who have stood steadfastly by Leo Frank during the four long months since Mary Phagan's body was found have not deserted him. They still persist that he is innocent and declare that time will uncover the guilty person and give the young factory superintendent his freedom.

Rabbi David Marx, one of Frank's staunchest supporters, who has been with the convicted superintendent almost constantly since he was first arrested on suspicion of being connected with the crime, was one of the most surprised men in Atlanta when the verdict was returned. He had confidently expected an acquittal, but even with the sentence of death hanging over Frank's head, the devotion with which Rabbi Marx has stood by Frank which has been the admiration even of those who believed Frank guilty does not falter.

Rabbi Marx Astounded.

Dr. Marx was with Frank when the latter was notified of the verdict, and he suffered almost as heavily as the convicted man.

"I am stunned and surprised," Dr. Marx said. "I can not believe it. I know Leo Frank is innocent I know he is incapable of such a crime. My faith in him has not been shaken by the verdict of the jury. I ask that the public suspend final judgement until an appeal for a new trial is made."

Shortly after Frank had been notified of the verdict Dr. Marx left the jail for a conference with Frank's attorneys. He returned later to lend what comfort he could do to the prisoner, and remained with him in his cell until a late hour.

Fair Trial, Says Lanford.

Chief of Detectives Newport Lanford, head of the department which aided in securing the evidence that convicted Frank, has issued a statement declaring that the trial of the factory superintendent was the fairest he had ever seen.

"I have never figured in a case where the prisoner was given more privileges and liberties than Frank has received," Chief Lanford declared. "A body of twelve men in high standing in the community have found him guilty of the murder of Mary Phagan, and, in my opinion, the verdict was a just one. I think nearly everyone who is familiar with the case believes him guilty."

"It is very gratifying to the members of my department that the jury, after careful deliberation, found Frank guilty. I am not surprised at the verdict, however, nor are any of the detectives who have worked on the case."

"We have worked very had since little Mary Phagan was murdered and have tried to get at the truth regarding the terrible crime. We have been severely condemned by a few persons, most of whom are unfamiliar with the case and with police methods of obtaining evidence, but the verdict of the jury is a complete vindication of our department. We feel that we have received the greatest reward possible the conviction of the man responsible for the death of Mary Phagan."

Phone Worked Overtime.

The interest in the residence sections of the city was fully as great as downtown when the verdict came in Monday. Officials of the Southern Bell Telephone Company have made the statement that never in the history of the company have the city telephones been in such universal use as Monday afternoon. Three times as many calls were registered between 3 and 6 o'clock, when the excitement was at its greatest height, as have ever been registered before during an entire day. A special corps of operators was on duty at the exchanges, but they were swamped with the volume of the calls and were unable to attend to more than half of them.

"Old Newt" Lee Is

Released From Tower.

Old Newt Lee, as he was referred to by both sides in the Frank trial, the negro night watchman at the National Pencil Factory, who discovered the body of Mary Phagan, was released Tuesday from the Fulton Tower just four months to a day after his fateful find.

The order for his release was signed by Judge Roan and taken to the jail by his attorneys, Graham and Chapelle. Graham left with the negro for the police station, where h got a knife and some other personal effects taken from him at the time of his arrest.

Lee was spruce and as cheerful as a darky in watermelon time as he said goodbye to the Tower. He was rigged up in a new outfit and looked more prosperous than he probably ever has in his life.

"He came here in rags, but he is leaving with quite a bunch of luggage," said one of the deputies.

The negro said he had a home before the tragedy, but had lost it since."

"All I know is I'm going to look for work, boss," he said, "I sure got to work to live. I feel weak, just in my body, boss. I feel alright in the head, because I never did have nothing to do with that murder and now, they all knows it.

PAGE 9

JUROR'S STORY OF HOW

EVIDENCE WAS WEIGHED

AND VERDICT REACHED

The Georgian today reveals some of the innermost secrets off the jury which convicted Leo M. Frank of the murder of little Mary Phagan. This inside story of the greatest criminal case in the South's history is an intensely interesting revelation of the workings of men's minds. It covers three long weeks and more throughout which the evidence for and against the pencil factory superintendent was tediously unfolded, link by link.

It casts upon the various points made by the defense and the prosecution the light in which they were viewed by the twelve men who were chosen to act as the judges. It ends with the last memorable meeting of these men on the top floor of the courthouse Monday after noon which culminated in the fateful verdict: "We the jury find the defendant guilty."

The information is given here with as it was obtained by reporter for this newspaper from one of the jurors late Monday night while the full weight of his g
rim burden still rested upon him. It is told in his own, impressive words.

"It was the only thing we could do. The evidence was against Frank from start to finish. And so we did our duty, as we had sworn to do."

Dorsey's Youth and

Sincerity Won.

"It would be hard to say what, of all the trial, made the greatest impression on the jury. It was probably the Solicitor General himself. He was a marvel. His youthful appearance, coupled with his sincerity, made a wonderful hit. There wasn't a minute of the hours that he spoke that he didn't seem to mean every word that he uttered."

"Dorsey is a forceful speaker. He puts emphasis behind his words. And he drives his points clear in and clinches them on the other side. They stuck with us. They had evidence behind them to make them stick."

"His theory of the murder was the one we accepted. It was the one the evidence upheld. That was the way Frank killed that girl."

"While the negro watched downstairs, he took the little girl back into the metal room and struck her, and then with a cord strangled her to death. Then those notes were written as the negro told us and placed beside the body."

"In Dorsey's argument there was one little sentence which seemed to imbed itself in the minds of every man on the jury, when he was speaking of the agreement between Frank and Conley that the negro should come back to the factory and burn the body. The sentence was this: And if the smoke from that little girl's burning body had gone curling up into the air, told Jim Conley would have hanged for another man's crime.'"

Hooper's Action

Had Its Effect.

"Those words went a long toward keeping Jim Conley from hanging probably. They drew a contrast between right and wrong which made us look again into the evidence before us. And the narrow escape which the negro had made us shudder."

"There was another thing which impressed that jury. It was Frank Hooper's sacrifice of Dorsey. We called it that. Hooper had the chance of his lifetime there to make a wonderful speech when he opened the State's argument. We were half expecting one. His reputation was known to us. And when he ended there was some disappointment. We said he had not done his best."

"Then we saw his sacrifice. He had only made a plain statement of the State's case and left for the Solicitor general whatever fame and fortune there was to be won by the State's counsel."

"The jury heard none of the cheering for Dorsey outside the courtroom at any time. We heard the crowds in the courtroom laugh at times, and we laughed, too, but that had no effect."

"Probably the hardest job we had was to sit there and face Frank's mother and his wife with the slowly growing feeling of the defendant's guilt. Some of the jurors cried when Frank's wife broke down following his speech. It was an impressive thing to us. Yet it didn't affect the evidence."

Frank's Speech

Caused Wonder.

"The trouble with Frank's speech was the same as the trouble with the entire defense. The evidence declared to us that he was guilty and no words of his could disprove that fact. Everybody felt the weight his wonderful calm and dispassionate manner carried while he was talking. Yet the marvel was that a guilty man could do it. That was all."

"The defense made a wonderful fight with the evidence they had. Mr. Arnold was admired for his skillful work by every member of the jury. We saw every point that he brought out, and yet they all lacked weight."

"Probably nothing else in the whole case was of more interest to us than Luther Rosser's cross-examination of Conley. We thought it was a master's display of human ingenuity. Yet in the jury's mind it was like a skyrocket, soaring up into the heavens to cast its fountain of brilliance about and then die out. The negro's story remained as he had told it. That had a tremendous effect in the verdict."

"Then there was that cabbage. It was astonishing the amount of knowledge displayed by the members of the jury when the technicalities of medicine were brought out. We understood it all. The specimen of cabbage taken from the little Phagan girl's stomach was passed around amongst us in the jury room and we could easily see that it had not been digested."

"That also had its effect. There were men amongst us who luckily were well up on digestion. The experts said very little that we did not understand. But I will venture to say that few of the men of that jury will ever eat cabbage again."

Full Force of

Duty Strikes Home.

"It is a terrific thing to be on a jury which holds a man's life in its hands. The weight seems heaviest during the early days of the trial. You are struck with the somber faces of your fellow jury men first; then in the mirror you see that your own face is as somber as the rest, and the full force of the duty in front of you strikes home. You realize that before you become a free man again. You shall have disposed of the life of a fellow man."

"Yet, strange to say, there wasn't one among us who tried to flinch from his full share of the work. Each seemed eager from the start to do what he had sworn to do, and the determination seemed to grow as the days passed. When we left the courtroom this afternoon with the judge's charge there wasn't a doubt in the mind of anyone of us that justice would be done. I think that thought, in a great measure, was the cause for our quick decision."

"Of course, we didn't dream that the case would last as long as it did. Some of us hadn't prepared for it. It meant a loss of a great deal of money to many of the men. Yet when this was brought up along in the second week, when no end was in sight, it took only one mention of the task before us to make all else look infinitesimally small. Jurydom is a sphere where money is not known."

First Week

Was Longest of All.

"The first week of the trial was longer than all the rest put together. It was a bit difficult for us to get acquainted. We were all a little bit suspicious of each other. Outside of a few comments on immaterialities, practically nothing was said about the case."

"And by the middle of the second week there wasn't a more sociable and jolly set of men this side of heaven, I don't believe. There were checker matches and setback tournaments and a great rivalry for the championships I don't believe that there was an amateur amongst the bunch which went into that jury who didn't come out an expert. With nothing else to do much at night one can learn a great deal about cards and checkers in three weeks."

"There was no gambling. And each Sunday we read from the Bible and sang religious songs. In fact, we held regular services every Sabbath Day. It didn't matter what churches we belonged to each was as fervent as the other. While in Rome we did as the Romans do. Seriously, though, I think that the proposition we were up against in judging a man's life had a good deal to do with that fervor."

Same Word On

Each Jury Slip.

"As for the judgement we passed, there is little to say. As weighty as the task may seem, it was simple. There was but one ballot and on the twelve slips which were handed into Foreman Winburn the single word guilty' was written. Yet, no one seemed surprised. There was an unanimity of feeling amongst us."

"Don't think that we had not considered the case fully. And don't think that there was a man amongst

FRANK RETURNING TO HIS CELL IN

TOWER AFTER JUDGE'S CHARGE

Frank's

control of

his

emotions

was never

more

strikingly

shown than

on last

day

of trial.

Leo M. Frank,

convicted

slayer of

Mary Phagan

on his way back

to his cell to

await the

verdict of the

jury. He

walked with a

firm, springy

step, and

apparently was

confident that

he would be

acquitted.

us that wanted to do what we did. Yet, day after day, the pressure grew heavier, as the case was put before us. From a
slight dread it became an oppression; then a nausea and at last a sickening sense of the grim fact that Frank was guilty and we were going to give the world that verdict."

"It was horrible that time we spent in the deliberation. Everyone knew what was going to be done, thought hardly a word was spoken until we had agreed. We were spell bound with dread. We were spellbound with dread. Then someone suggested a drink. That enlivened us and we began to breathe again."

"You ask what brought us to our verdict so readily. I have told you. It was the only thing that could be done, and we knew it, even as we ascended the stairs to the juryroom this afternoon. No argument was needed."

PAGE 10

FIGHT BEGUN TO SAVE FRANK

******************************************************************************

MOTION FOR NEW TRIAL FOLLOWS DEATH SENTENCE

FRANK RETURNING TO HIS CELL IN

TOWER AFTER JUDGE'S CHARGE

Frank's

control of

his

emotions

was never

more

strikingly

shown than

on last

day

of trial.

Leo M. Frank,

convicted

slayer of

Mary Phagan

on his way back

to his cell to

await the

verdict of the

jury. He

walked with a

firm, springy

step, and

apparently was

confident that

he would be

acquitted.

PRISONER MUST HANG

OCT. 10, JUDGE RULES;

INNOCENT, HEREPEATS

Almost before the dread verdict of "guilty" had ceased ringing in his ears, Leo M. Frank, convicted of slaying Mary Phagan, heard Tuesday the still more terrible words, "sentenced to hang by the neck until dead," before the echo of his own words, "I am innocent" had died away.

Frank will pay the penalty for the murder of Mary Phagan, which the jury Monday agreed he had committed on October 10, unless the efforts of his two lawyers, who already have started a new fight for his life, are successful in postponing the execution or ultimately in cleaning their client. There is little doubt that the execution will be put off, as an appeal will act as a stay.

Sentence had hardly been pronounced by Judge L. S. Roan at 10:40 o'clock Tuesday morning in his courtroom in the Thrower building before Attorney Reuben Arnold was on his feet to make a motion for a new trial.

Judge Roan said that he would set October 4 as the date for hearing the arguments on the motion. It is known that Solicitor Dorsey is most vigorously opposed to any movement looking toward the reopening of the case. He asserted repeatedly during the last days of the trial that the claim of the defense that Frank was not receiving a fair trial was ridiculous on its face.

Wife Waits Outside During Sentence.

While the death penalty was being imposed upon the factory superintendent, his young wife sat outside the Thrower building in an automobile. She had followed her husband in the car, waiting for him as he was taken into court between two deputies and again following him when he was conveyed back to the Tower.

Frank displayed no more emotion than he did during the progress of the long trial. He perhaps, was a trifle paler than usual and his face a bit more haggard, but aside from this none would have known as he stepped firmly down from the Thrower building steps that he was a man on whom the death sentence had just been pronounced.

The fight for Frank's life, which may consume many months, arouses a question as to the disposal of Jim Conley. It is the general supposition that Conley's case will be held in abeyance until Frank's fate definitely is determined by a new trial or the decision of the appeal to the Supreme Court.

Newt Lee Released From Custody.

Newt Lee, material witness in the Frank trial and at one time a suspect, was released from custody Tuesday morning after spending exactly four months in jail.

A long and notable legal fight is certain over the effort to save. Frank from paying the penalty fixed by the court. The case will be carried to the highest courts if Judge Roan refuses a new trial.

There was the hush of horror as the dreadful "Hanged by the neck until dead, and may God have mercy on your soul," were uttered by the judge. The signs of Frank's emotion were few as ever. A few minutes later he was asserting, clearly and calmly, his entire innocence.

Frank heard his sentence with but a slight show of nervousness. He stood leaning slightly against the railing in front of the judge's bench looking straight into Judge Roan's eyes. Occasionally he moistened his lips, but otherwise he was calm. His eyes though, were bloodshot and his skin more pronounced white than ever before.

Frank Again Protests Innocence.

Judge Roan addressed him:

"The jury which has been trying you for the last several weeks has found you guilty. Have you anything to say why sentence should not be passed on you at this time?"

Frank leaned slightly against the railing and placed one hand behind his back before replying. Then he said in calm even voice:

"Your Honor, I say now as I have always said: I am inno-

PAGE 11

JURY THAT CONVICTED FRANK AS SLAYER OF MARY PHAGAN

J. T.

OSBURN

A. H. HENSLEE

F. E. WINBURN

W. F. MEDCALF

A. L. WISBEY

W. M. JEFFRIES

M. JOHENNING

DEPUTY HUBER

M. S. WOODWARD

E. V. L.

SMITH

D. TOWNSEND

C. J. BOSSHARDT

J. F.

HIGDON

DEPUTY LIDDELL

WIFE, MOTHER EMBRACE

FRANK AFTER SENTENCE

Continued from Page 1.

cent. Further than that, I will state that my case is in the hands of my counsel."

The prisoner's voice was so low that for a moment his hearers were not aware that he had finished and a deathly silence reigned. Then Judge Roan spoke:

"Your counsel informs me that they will move for a new trial," he said, addressing Frank, "but in the meantime, it is my sworn duty to pass sentence on you."

"I have tried to give you a fair trial. I may have erred, but I have done my duty as my conscience dictated."

Judge Roan then picked up from his desk the sheet of paper upon which his sentence was written. As he did so, through some slight misunderstanding, the crowd arose to its feet.

"Take your seats; take your seats," said Judge Roan, then read the sentence. In legal form, it was this:

"The State against Leo M. Frank; indictment for murder; Fulton County Superior Court, May Term 1913. Verdict of guilty, July term, August 25, 1913."

"Whereupon it is considered ordered and adjudged by the court that the defendant, Leo M. Frank, be taken from the bar of this court to the common jail in the County of Fulton, and that he safely there kept until his final execution in the manner fixed by law;"

"It is further adjudged by the Court that on the tenth day of October, 1913, that the defendant, Leo M. Frank, be executed by the Sheriff of Fulton County in private witnessed only by the executing officer, a sufficient guard, the relatives of the said defendant and such clergymen and friends as he may desire;"

"Such execution to take place in the common jail of Fulton County, and that said defendant on that day, between the hours of 10 o'clock a. m. and 2 o'clock p. m. be by the Sheriff of Fulton County hanged by the neck until he shall be dead, and may God have mercy on your soul."

"In open court, this 26th day of August, 1913. L. S. Roan, Judge of the Stone Mountain Circuit, presiding."

"When Judge Roan had finished reading the sentence Frank sank back into a chair between his two friends, Leo Strauss and Julian Boehm. His face had grown a bit paler, but the calm stolidity which characterized his attitude throughout the grim proceeding remained.

Attorney Reuben Arnold, who had defended Frank at the trial, arose and addressed Judge Roan.

"Your honor," he said, "we make a motion for a new trial."

"I will hear the arguments on the motion on October 4," replied Judge Roan.

Luther Rosser, Frank's chief of counsel, as heard to rem
ark, aside when this date was fixed: "Well, that will extend the time of execution then."

At 10:40 o'clock Frank took his place between two deputy sheriffs and was escorted down to an automobile waiting below and whisked off to the jail. At the doorway to the Thrower building another automobile containing Mrs. Leo Frank was waiting. When Frank emerged from the building, he exchanged glanced with his wife, but no words were spoken.

When the machine with the prisoner moved out into the street towards the jail Mrs. Frank's automobile fell in behind and followed.

No Women Hear

Sentence Passed.

But a few persons not more than 30 in all heard the passing of the sentence. Amongst them there were but two of Frank's friends, Strauss and Boehm. The other witnesses were made up of Sheriff Mangum, half a dozen deputy sheriffs, numerous court attaches and newspapermen. There were no women in the courtroom.

Frank came in before this counsel. Smilingly the nodded to those in the room. Shortly after he had taken a seat Rosser and Arnold came in and took seats close by Frank.

To Arnold, Frank leaned over and whispered:

"What shall I say?"

"That your case. Is in the hands of your counsel," replied the attorney.

Sheriff Mangum escorted the judge to his bench and stood during the reading of the sentence with his back to the window near the bench, facing the crowd. He did not look at Frank throughout the proceedings.

At the close of the sentence there was no demonstration of any kind. Quietly the crowd filed out behind Frank and waited until the elevator, descending from the fourth floor with the prisoner and his captors only, returned for them.

Wife and Mother

Embrace Prisoner.

The automobile bearing Frank, with the fateful words "sentenced to hang by the neck till dead" still echoing in his ears, arrived back at the grim old Tower at 10:40 o'clock. Frank stepped out between Deputies Burdette and Owens. His face was a bit sallower, hie eyes a little wider open. Otherwise he was the same astoundingly cool prisoner.

The trio walked to the jail door and Frank asked his escorts to wait a moment. A minute later another car drew up and the devoted wife of the convicted slayer alighted, Deputy Scuttles at her side.

Frank's face lighted up. Mrs. Frank smiled the tragic smile of courage and loyalty and they were clasped in each other's arms, the young wife showering kisses on the man who had just heard his doom pronounced.

They disappeared into the gloom of the jail corridor, Mrs. Frank's arm around her husband's shoulder a shielding, motherly embrace that touched the men who walked with averted faces at Frank's side.

A moment more and Frank was in his mother's arms at the cell screened from foreign eyes and words of hopes showered upon him to drown the echo of the terrible pronouncement of a brief while back.

The young woman was dressed in black, relieved only by a white lace collar. She looked composed, but the traces of a night and weeping were in her eyes. The mother was pale and worn. Neither would talk to newspaper men.

Mob Influences

Jury, He Says

Emil Selig, the father-in-law of Frank, brought him his breakfast Tuesday morning. The convicted man, if he suffered any shock from the verdict Monday, was said to have recovered entirely from it by the morning. He was as stoical as ever and even while in the shadow of the gallows he expressed himself as just as certain that he ultimately would be exonerated of the terrible crime as he was on the first day he was suspected.

"My God'. Even the jury is influenced by mob Law," were the words with which he greeted the news of the verdict Monday afternoon.

Frank was with his wife at the Tower when the intelligence came Rabbi Marx, Dr. Rosenberg, the Frank family physician, and a number of their friends were in the office of Sheriff Mangum, Dr. Rosenberg arriving some minutes after the verdict was known at his courthouse.

Rabbi Marx and Dr. Rosenberg went with the news to the accused man and his wife.

"The jury has found you guilty, see," said the physician.

Mrs. Frank screamed and broke into hysterical weeping. It was her husband who calmed her and assured her that everything would be all right in the end.

Within a few minutes he persuaded her to leave the jail in company with Rabbi Marx and Dr. Rosenberg. The traces of the tears were still on her face when she came through the corridor. With the aid of her escort, she avoided the newspaper men and entered the waiting automobile.

Dr. B. Wildauer came down shortly after. "I am as innocent today as I was a year ago," was Frank's comment on the verdict, according to Dr. Wildauer.

The blinds of the Selig home at No. 68 East Georgia avenue, where Frank and his wife lived with her parents, were closed Tuesday morning. Neighbors said that Mr. and Mrs. Selig and their daughter had stayed with relatives overnight.

Attorney Arnold left for Bedford Springs, Pa., Tuesday afternoon for a month's rest. Mr. Arnold will return to Atlanta in time to participate in the argument for a new trial for the pencil factory superintendent, which has been set for October 4.

I'm as Innocent as I Was

A Year Ago,' Asserts Frank

Just four months after the murder of Mary Phagan, Leo M. Frank stands convicted of the slaying of the slaying of thee 13-year-old girl in the National Pencil factory.

No recommendation for life imprisonment was made by the jurors, this circumstance making it imperative, according to the charge by Judge L. S. Roan, that a sentence of death by hanging be passed upon him. Judge Roan declined to say Tuesday the exact time when he would pass sentence.

Neither the prisoner, his relatives, friends nor any of his counsel appeared in the courtroom when the dread verdict was rendered. The sole representative of the defendant was Stiles Hopkins, a member of the firm of Rosser, Brandon, Sigton & Phillips, who was designated present and nave for Attorneys Rosser and Arnold the presence of the prisoner. A motion for a new trial will be made by Rosser and Arnold.

Populace Cheers Verdict.

The jurors were quick in arriving at their ballot. The case was given into their hands at 12:49. They went immediately to lunch and returned to the courthouse at 1:35. They proceeded to the election to the election of Fred Winburn as foreman and entered upon an informal discussion of the merits of the case. It was apparent that the jurymen were practically of one mind. They cast their ballot. At 3:21 it was known that the verdict was "guilty." At 4:56 the result was announced in the courtroom.

To avoid any sort of a demonstration, the courtroom was cleared of all spectators when it became known that the jury was ready to render its verdict. Everyone was excluded except Solicitor Dorsey, Attorney Hooper and attaches of Dorsey's office, several other members of the bar and newspaper man.

Hardly had Foreman Winburn read the words which branded the young factory superintendent a murderer before a mighty shout went up outside the building. The great crowds surging on all sides of the courthouse seemed to have had occult knowledge of the verdict at the very instant it was given utterance.

The news spread like magic. While the cheers still were rending the air, newsboys swooped down upon the courthouse and radiated in different directions from their offices, crying the extras on the verdict.

Frank was in the Tower with his young wife when the verdict was returned.

"My God! Even the jury was influenced by mob law," was the exclamation with which the accused man met the news of the verdict of guilty."

"I am as innocent as I was one year ago," be continued.

Frank would not talk at length to the newspaper men. His wife, who had shown the strain of the last hours of the trial throughout the day, collapsed in tears. Rabbi Marx and other friends of the family were at the tail when the fateful news came. They declared that nothing had developed since the b
eginning of the trial to shake their belief in Frank's entire innocence.

After the concluding words of the judge's charge Monday afternoon, the jury fled from the courtroom and several score of persons took advantage of the leniency of the court deputies to crowd inside the doors.

In a haze of smoke from innumerable cigars and cigarettes and from the explosion of flash light powder, the motley roomful of spectators waited impatiently for some sign that jurors were ready to return to the room. Any unexplained move on the part of Sheriff Mangum or one

Continued on Page 4, Column 1.

PAGE 13

FRANK EMOTIONLESS AS HE HEARS SENTENCE TO GALLOWS

I am Innocent; My Case Is in My Lawyers'

I HAVE DONE MY

DUTY, ASSERTS

JUDGE ROAN

"I May Have Erred, but My Con-

science Is Clear," He Tells

Condemned Man.

Continued From Page 2.

of his deputies was the signal for a little flurry and the rumor that a verdict had been reached.

Frank's Presence Waived.

Several newspaper men sat on the sixth floor of the uncompleted new courthouses and calmly watched the proceedings of the jurymen on the fourth floor of the old building. The election of Winburn as foreman was noted, as well as other details incident to the deliberations. Finally, it became known that a verdict had been reached. This was an hour before the jurors came downstairs. Finally, it became known that a verdict had been reached. This was an hour before the jurors came downstairs. Judge Roan was sent for "An effort was made to get Solicitor Dorsey, but he could not be reached at once."

Assistant Solicitor E. A. Stephens and Frank Hooper, Dorsey's associate in the case, entered the courtroom and immediately were closeted in conference with Judge Roan. The discussion was in regard to the waiving of the prisoner's presence in the courtroom.

The two attorneys did not wish to sneak definitely for the Solicitor on the matter, but neither could see any objection to the procedure if the waiving was formally made by a representative of Rosser's firm. A little later the spectators were disappointed by the order to clear the courtroom. Dorsey entered just as this order was given. Within five minutes the jury was in the courtroom and the verdict had been returned.

Lanford Says

He Is Vindicated.

Though he has been convicted of the most terrible crime in the history of the South, the friends who have stood steadfastly by Leo Frank during the four long months since Mary Phagan's body was found have not deserted him. They still persist that he is innocent and declare that time will uncover the guilty person and give the young factory superintendent his freedom.

Rabbi David Marx, one of Frank's staunchest supporters, who has been with the convicted superintendent almost constantly since he was first arrested on suspicion of being connected with the crime, was one of the most surprised men in Atlanta when the verdict was returned. He had confidently expected an acquittal, but even with the sentence of death having over Frank's head, the devotion with which Rabbi Marx has stood by Frank which has been the admiration even of those who believed Frank guilty does not falter.

Rabbi Marx Astounded.

Dr. Marx was with Frank when the latter was notified of the verdict, and eh suffered almost as heavily as the convicted man.

"I am stunned and surprised," Dr. Marx said. "I can not believe it. I know Leo Frank is innocent I know he is incapable of such a crime. My faith in him has not been shaken by the verdict of the jury. I ask that the public suspend final judgement until an appeal for a new trial is made."

Shortly after Frank had been notified of the verdict Dr. Marx left the jail for a conference with Frank's attorneys. He returned later to tend what comfort he could to the prisoner, and remained with him in his cell until a late hour.

Fair Trial, Says Lanford.

Chief of Detectives, Newport Lanford, head of the department when aided in securing the evidence that convicted Frank, has issued a statement declaring that the trial of the factory superintendent was the fairest he had ever seen.

"I have never figured in a case where the prisoner was given more privileges and liberties than Frank has received," Chief Lanford declared. "A body of twelve men in high-standing in the community have found him guilty of the murder of Mary Phagan, and, in my opinion the verdict was a just one. I think nearly everyone who is familiar with the case believes him guilty."

"It is very gratifying to the members of my department that the jury after careful deliberation, found Frank guilty. I am not surprised, however, nor are any of the detectives who have worked on the case."

"We have worked very hard since little Mary Phagan was murdered and have tried to get at the truth regarding the terrible crime. We have been severely condemned by a few persons, most of whom are unfamiliar with the case and with police methods of obtaining evidence, but the verdict of the jury is a complete vindication of our department. We feel that we have received the greatest reward possible -the conviction of the man

FRANK AND HIS WIFE HEAR JURY'S VERDICT

Frank received the news with fortitude the news with fortitude and appeared to be more concerned about his wife than himself. The verdict of the jury was announced to Frank and his wife by Rabbi Marx and Dr. Rosenberg.

responsible for the death of Mary Phagan."

The interest in the residence sections of the city was fully as great as downtown when the verdict came in Monday. Officials of the Southern Bell Telephone Company have made the statement that never in the history of the company have the city telephones been in such universal use as Monday afternoon. Three times as many calls were registered between 2 and 6 o'clock, when the excitement was at its greatest height, as have ever been registered before during an entire day. A special corps of operators was on duty at the exchanges, but they were swamped with the volume of the calls and were unable to attend to more than half of them.

"Old Newt" Lee Is

Released From Tower.

Old Newt Lee, as he was referred to by both sides in the Frank trial, the negro night watchman at the National Pencil Factory, was released Tuesday from the Fulton Tower just four months to a day after his fateful find.

The order for his release was signed by Judge Roan and taken to the jail by his attorneys Graham and Chapelle. Graham left with the negro for the police station, where he got a knife and some other personal effects taken from him at the time of his arrest.

Lee was spruce and as cheerful as a darky in watermelon time as he said goodbye to the Tower. He was rigged up in a new outfit and looked mere prosperous than he probably ever has in his life.

"He came here in rags, but he is leaving with quite a bunch of luggage," said one of the deputies.

The negro said he had had a home before the tragedy, but had lost it since.

"All I know is I'm going to look for work, boss," he said. "I sure got to work to live. I feel weak, just in my body, boss. I feel alright in the head because I never did have nothing to do with that murder and now, they all knows it."

Lee had been in jail since shortly after 3-o'clock April 27, when police, responding to his telephone call, found the strangled. Mary Phagan in the grimy basement. For a time, his indictment "seemed" certain, but by the time the case reached the Grand Jury the State had centered its prosecution on Frank and no action was taken against the negro. The petition freeing him was made on the formal plea of Solicitor Dorsey.

Hooper Praises

Dorsey's Work.

"In all my experience I have never seen a case more thoroughly gotten up than the State's cage against Leo M. Frank, as prepared by Solicitor Dorsey. It was complete throughout there was not an angle but which wa
s investigated to the fullest possible extent."

Thus, spoke Attorney Frank Hooper while awaiting the verdict of the jury.

"Dorsey's sincerity in the prosecution and the thoroughness with which he entered into the detail of each part of his work was such as to arouse the admiration of anyone. He had the case at his finger-tips; his knowledge of each phase of the case was complete. His argument was one of the most masterful I have ever heard. I do not think it could have been possible for a case to have been handled in a better manner."

PAGE 12

JUROR'S STORY OF HOW EVIDENCE WAS WEIGHED AND VERDICT REACHED

The Georgian today reveals some of the innermost secrets of the jury which convicted Leo M. Frank of the murder of little Mary Phagan. This inside story of the greatest criminal case in the South's history is an intensely interesting revelation of the workings of men's minds.

It casts upon the various points made by the defense and the prosecution the light in which they were viewed by the twelve men who were chosen to act as the judges. It ends with the last memorable meeting of these men on the top floor of the courthouse Monday afternoon which culminated in the fateful verdict: "We the jury find the defendant guilty."

The information is given herewith as it was obtained by a reporter for this newspaper from one of the jurors late Monday night while the full weight of his grim burden still rested upon him. It is told in his own, impressive words.

"It was the only thing we could do. The evidence was against Frank from start to finish. And so we did our duty, as we had sworn to do."

Dorsey's Youth and

Sincerity Won.

"It would be hard to say what, of all the trial, made the greatest impression on the jury. It was probably the Solicitor General himself. He was a marvel. His youthful appearance, coupled with his sincerity, made a wonderful hit. There wasn't a minute of the hours that he spoke that he didn't seem to mean every word that he uttered."

"Dorsey is a forceful speaker. He puts emphasis behind his words. And he drives his points clear in and clinched, them on the other side. They had stuck with us. They had the evidence behind them to make them stick."

"His theory of the murder was the one we accepted. It was the one the evidence upheld. That was the way Frank killed that girl."

"While the negro watched downstairs, he took the little girl back into the metal room and struck her, and then with a cord strangled her to death. Then those notes were written as the negro told us and placed beside the body."

"In the Dorsey's argument there was one little sentence which seemed to imbed itself in the minds of every man on the jury, when he was speaking of the agreement between Frank and Conley that the negro should come back to the factory and burn the body. The sentence was this: And if the smoke from that little girl's burning body had gone curling up into the air, old Jim Conley would have hanged for another man's crime.'"

Hooper's Action

Had Its Effect.

"Those words went a long way toward keeping Jim Conley from Hanging, probably. They drew a contrast between right and wrong which made us look again into the evidence before us. And the narrow escape which the negro had made us shudder."

"There was another thing which impressed that jury. It was Frank Hooper's sacrifice to Dorsey. We called it that. Hooper had the chance of his lifetime there to make a wonderful speech when he opened the State's argument. We were half expecting one. His reputation was known to us. And when he ended there was some disappointment. We said he had not done his best.

"Then we saw his sacrifices. He had only made a plain statement of the State's case and left for the Solicitor General whatever fame and fortune there was to be won by the State's counsel."

"The jury heard none of the cheering for Dorsey outside the courtroom at any time. We heard the crowds in the courtroom laugh at times, and we laughed, too, but that had no effect."

"Probably the hardest job we had was to sit there and face Frank's mother and his wife with the slowly growing feeling of the defendant's guilt. Some of the jurors cried when Frank's wife broke down following his speech. It was an impressive thing to us. Yet it didn't effect the evidence."

Frank's Speech Caused Wonder.

"The trouble with Frank's speech was the same as the trouble with the entire defense. The evidence declared to us that he was guilty and no words of his could disprove that fact. Everybody felt the weight his wonderful calm and dispassionate manner carried while he was talking. Yet the marvel was that a guilty man could do it. That was all."

"The defense made a wonderful fight with the evidence they had. Mr. Arnold was admired for his skillful work by every member of the jury. We saw every point that he brought out, and yet they all lacked weight."

"Probably nothing else in the whole case was of more interest to us that Luther Rosser's cross-examination of Conley. We thought it was a master's display of human ingenuity. Yet in the jury's mind it was like skyrocket, soaring up into the heavens to cast its fountain of brilliance about and then die out. The negro's story remained as he had told it. That had a tremendous effect in the verdict."

"Then there was that cabbage. It was astonishing the amount of knowledge was displayed by the members of the jury when the technicalities of medicine were brought out. We understood it all. The specimen of cabbage taken from the little Phagan girl's stomach was passed around amongst us in the jury room and we could easily see that it had not been digested."

"That also had its effect. There were men amongst us who luckily were well up on digestion. The experts said very little that we did not understand. But I will venture to say that few of the men of that jury will ever eat cabbage again."

Full Force of Deputy Strikes Home.

"It is a terrific thing to be on a jury which holds a man's life in its hands. The weight seems heaviest during the early days of the trial. You are struck with the somber faces of your fellow jurymen first; then in the mirror you see that your own face is as somber as the real, and the full force of the duty in front of you strikes home. You realize that before you become a freeman again you shall have disposed of the life of a fellowman."

"Yet, strange to say, there wasn't one among us who tried to flinch from his full share of the work. Each seemed eager from the start to do what he had sworn to do, and the determination seemed to grow as the days passed. When we left the courtroom this afternoon with the judge's charge there wasn't a doubt in the mind of anyone of us that justice would be done. I think that thought, in a great measure, was the cause for our quick decision."

"Of course, we didn't dream that the case would last as long as it did. Some of us hadn't prepared for it. It meant a loss of a great deal of money to many of the men. Yet when this was brought up along in the second week, when no end was in sight, it took only one mention of the task before us to make all else look infinitesimally small. Jurydom is a sphere where money is not known."

First Week Was Longest of All.

"The first week of the trial was longer than all the rest put together. It was a bit difficult for us to get acquainted. We were all a little bit suspicious of each other. Outside of a few comments on immaterialities, practicality nothing was said about the case. We didn't care to talk about it, even to our roommates."

"Then somebody brought in a checker board and someone else a deck of cards. The social life in jury quarters blossomed out in full blast."

"It was a most welcome diversion, too. We had little enough exercise as it was and there was nothing left but to brood on the case."

"And by the middle of the second week, there wasn't a more sociable and jolly set of men this side of heaven, I don't believe. There were checke
r matches and setback tournaments and a great rivalry for the championships. I don't believe that there was an amateur among the bunch which went into that jury who didn't come out an expert. With nothing else to do much at night, one can learn a great deal about cards and checkers in three weeks."

"There was no gambling. And each Sunday we read from the Bible and sang religious songs. In fact, we held regular services every Sabbath day. It didn't matter what churches we belonged to; each was as fervent as the other. While in Rome we did

Trial a Farce, Say Attorneys

L. Z. Rosser and Reuben Arnold, counsel for Leo Frank, issued the following statement this morning:

"We deem it not amiss to make a short statement, as the attorneys of Leo M. Frank, to the public."

"The trial which has just occurred, and which has resulted in Mr. Frank's conviction, was a farce and not in any way a trial. In saying this, we do not make the least criticism of Judge Roan who presided. Judge Roan is one of the best men in Georgia, and is an able and conscientious judge."

"The temper of the public mind was such that it invaded the courtroom and invaded the streets and made itself manifest at every turn the jury made; and it was just as impossible for this jury to escape the effects of this public feeling as if they had been turned loose and had been permitted to mingle with the people."

"In doing this we are making no criticism of the jury. They were only men, and unconsciously this prejudice rendered any other verdict impossible."

"It would have required a jury of stoics, a jury of Spartans, to have withstood this situation."

"The time ought to come when this man will get a fair trial, and we profoundly believe that it will."

"The final judgement of the American people is a fair one. It is sometimes delayed in coming, but it comes."

"We entered into this case with the profound conviction of Mr. Frank's innocence. The result has not changed our opinion. Every step of the trial has intensified and fortified our profound conviction of his innocence."

"L. Z. ROSSER,

"H. R. ARNOLD."

As the Romans do. Seriously, though, I think that the proposition we were up against in judging of a man's life had a good deal do with that fervor."

Same Word On

Each Jury Slip.

"As for the judgement witnessed, there is little to say. As weighty as the task may seem, it was simple. There was but one ballot and on the twelve slips which were handed into Foreman Winburn the single word guilty' was written. Yet, no one seemed surprised. There was an unanimity of feeling amongst us."

"Don't think that we had not considered the case fully. And don't think that there was a man amongst us that wanted to do what we did. Yet, day after day, the pressure grew heavier, as the case was put before us. From a slight head it became an oppression; then a nausea and at last a sickening scene of the grim fact that, Frank was guilty and we were going to give the world that verdict."

"It was horrible that time we spent in deliberation. Everyone knew what was going to be done, though hardly a word was spoken, until we had agreed. We were spellbound with dread. Then someone suggested a drink. That enlivened us and we began to breathe again."

"You ask what brought us to our verdict so readily? I have told you. It was the only thing that could be done, and we knew it, even as we ascended the stairs to the jury this afternoon. No argument was needed."

Pierce Loses Pinkerton Job

By Actions in Phagan Case

As a result of the charges made by the police of unfair dealings by the Pinkerton operatives in the investigation of the Phagan case. H. B. Pierce, superintendent of the agency in Atlanta, tendered his resignation. It was promptly accepted by A. K. Corwardin, general superintendent, of New Orleans, who arrived in the city Monday.

Insubordination to the agency's rule demanding the co-operation of its operatives with the local police in criminal investigations was charged against the superintendent.

The specific charge which brought about the removal of Pierce grew out of the finding of the blood-stained stick on the first floor of the pencil factory by Pinkerton operatives. It was claimed by the police that the stick was withheld from them by Pierce, to whom it was turned in by the finders, and the butt of a buggy whip substituted. The stick itself was turned over to the defense.

"This action by Mr. Pierce was in direct opposition to the rules of the Pinkerton Agency," said Mr. Corwardin. "Our charter to operate in Atlanta carries the agreement that our men withhold nothing from the city police which they may secure in investigations of criminal cases."

"Explicit orders demanding that this agreement be carried through to the letter have been in effect in the Atlanta office since the agency was started here, and when Mr. Pierce disobeyed them, there was but one thing left to do."

While no intimation was given by General Superintendent Corwardin as to who would be Pierce's successor, it is generally reported that Harry Scott would be appointed to fill the position. The report is founded on the withdrawal of Scott's appointment to the superintendency of the Houston, Texas, office, which was made shortly before the charges against Pierce were made public. This promotion of Scott was made as a result of his work in the Phagan case investigation, in which he was the field marshal for the Pinkertons.

Mr. Corwardin admitted that Scott would stay in Atlanta.

PAGE 14

JURY THAT CONVICTED FRANK AS SLAYER OF MARY PHAGAN

J. T.

OSBURN

L. H. HENSLEE

F. E. WINBURN

W. F. MEDCALF

A. L. WISBEY

W. M. JEFFRIES

M. JOHENNING

DEPUTY HUBER

M. S. WOODWARD

E. V. L.

SMITH

D. TOWNSEND

C. J. BOSSHARDT

J. F.

HIGDON DEPUTY LIDDELL WIFE, MOTHER EMBRACE FRANK AFTER SENTENCE

Continued from Page 1.

cent. Further than that, I will state that my case is in the hands of my counsel."

The prisoner's voice was so low that for a moment his hearers were not aware that he had finished and a deathly silence reigned. Then Judge Roan spoke:

"Your counsel informs me that they will move for a new trial," he said, addressing Frank, "but in the meantime, it is my sworn duty to pass sentence on you."

"I have tried to give you a fair trial. I may have erred, but I have done my duty as my conscience dictated."

Judge Roan then picked up from his desk the sheet of paper upon which his sentence was written. As he did so, through some slight misunderstanding, the crowd arose to its feet.

"Take your seats; take your seats," said Judge Roan, then read the sentence. In legal form, it was this:

"The State against Leo M. Frank; indictment for murder; Fulton County Superior Court, May Term 1913. Verdict of guilty, July term, August 25, 1913."

"Whereupon it is considered ordered and adjudged by the court that the defendant, Leo M. Frank, be taken from the bar of this court to the common jail in the County of Fulton, and that he safely there kept until his final execution in the manner fixed by law;"

"It is further adjudged by the Court that on the tenth day of October, 1913, that the defendant, Leo M. Frank, be executed by the Sheriff of Fulton County in private witnessed only by the executing officer, a sufficient guard, the relatives of the said defendant and such clergymen and friends as he may desire;"

"Such execution to take place in the common jail of Fulton County, and that said defendant on that day, between the hours of 10 o'clock a. m. and 2 o'clock p. m. be by the Sheriff of Fulton County hanged by the neck until he shall be dead, and may God have mercy on your soul."

"In open court, this 26th day of August, 1913. L. S. Roan, Judge of the Stone Mountain Circuit, presiding."

"When Judge Roan had finished reading the sentence Frank sank back into a chair between his two friends, Leo Strauss and Ju
lian Boehm. His face had grown a bit paler, but the calm stolidity which characterized his attitude throughout the grim proceeding remained.

Attorney Reuben Arnold, who had defended Frank at the trial, arose and addressed Judge Roan.

"Your honor," he said, "we make a motion for a new trial."

"I will hear the arguments on the motion on October 4," replied Judge Roan.

Luther Rosser, Frank's chief of counsel, as heard to remark, aside when this date was fixed: "Well, that will extend the time of execution then."

At 10:40 o'clock Frank took his place between two deputy sheriffs and was escorted down to an automobile waiting below and whisked off to the jail. At the doorway to the Thrower building another automobile containing Mrs. Leo Frank was waiting. When Frank emerged from the building, he exchanged glanced with his wife, but no words were spoken.

When the machine with the prisoner moved out into the street towards the jail Mrs. Frank's automobile fell in behind and followed.

No Women Hear Sentence Passed.

But a few persons not more than 30 in all heard the passing of the sentence. Amongst them there were but two of Frank's friends, Strauss and Boehm. The other witnesses were made up of Sheriff Mangum, half a dozen deputy sheriffs, numerous court attaches and newspapermen. There were no women in the courtroom.

Frank came in before this counsel. Smilingly the nodded to those in the room. Shortly after he had taken a seat Rosser and Arnold came in and took seats close by Frank.

To Arnold, Frank leaned over and whispered:

"What shall I say?"

"That your case. Is in the hands of your counsel," replied the attorney.

Sheriff Mangum escorted the judge to his bench and stood during the reading of the sentence with his back to the window near the bench, facing the crowd. He did not look at Frank throughout the proceedings.

At the close of the sentence there was no demonstration of any kind. Quietly the crowd filed out behind Frank and waited until the elevator, descending from the fourth floor with the prisoner and his captors only, returned for them.

Wife and Mother

Embrace Prisoner.

The automobile bearing Frank, with the fateful words "sentenced to hang by the neck till dead" still echoing in his ears, arrived back at the grim old Tower at 10:40 o'clock. Frank stepped out between Deputies Burdette and Owens. His face was a bit sallower, hie eyes a little wider open. Otherwise he was the same astoundingly cool prisoner.

The trio walked to the jail door and Frank asked his escorts to wait a moment. A minute later another car drew up and the devoted wife of the convicted slayer alighted, Deputy Scuttles at her side.

Frank's face lighted up. Mrs. Frank smiled the tragic smile of courage and loyalty and they were clasped in each other's arms, the young wife showering kisses on the man who had just heard his doom pronounced.

They disappeared into the gloom of the jail corridor, Mrs. Frank's arm around her husband's shoulder a shielding, motherly embrace that touched the men who walked with averted faces at Frank's side.

A moment more and Frank was in his mother's arms at the cell screened from foreign eyes and words of hopes showered upon him to drown the echo of the terrible pronouncement of a brief while back.

The young woman was dressed in black, relieved only by a white lace collar. She looked composed, but the traces of a night and weeping were in her eyes. The mother was pale and worn. Neither would talk to newspaper men.

Mob Influences

Jury, He Says

Emil Selig, the father-in-law of Frank, brought him his breakfast Tuesday morning. The convicted man, if he suffered any shock from the verdict Monday, was said to have recovered entirely from it by the morning. He was as stoical as ever and even while in the shadow of the gallows he expressed himself as just as certain that he ultimately would be exonerated of the terrible crime as he was on the first day he was suspected.

"My God'. Even the jury is influenced by mob Law," were the words with which he greeted the news of the verdict Monday afternoon.

Frank was with his wife at the Tower when the intelligence came Rabbi Marx, Dr. Rosenberg, the Frank family physician, and a number of their friends were in the office of Sheriff Mangum, Dr. Rosenberg arriving some minutes after the verdict was known at his courthouse.

Rabbi Marx and Dr. Rosenberg went with the news to the accused man and his wife.

"The jury has found you guilty, see," said the physician.

Mrs. Frank screamed and broke into hysterical weeping. It was her husband who calmed her and assured her that everything would be all right in the end.

Within a few minutes he persuaded her to leave the jail in company with Rabbi Marx and Dr. Rosenberg. The traces of the tears were still on her face when she came through the corridor. With the aid of her escort, she avoided the newspaper men and entered the waiting automobile.

Dr. B. Wildauer came down shortly after. "I am as innocent today as I was a year ago," was Frank's comment on the verdict, according to Dr. Wildauer.

The blinds of the Selig home at No. 68 East Georgia avenue, where Frank and his wife lived with her parents, were closed Tuesday morning. Neighbors said that Mr. and Mrs. Selig and their daughter had stayed with relatives overnight.

Attorney Arnold left for Bedford Springs, Pa., Tuesday afternoon for a month's rest. Mr. Arnold will return to Atlanta in time to participate in the argument for a new trial for the pencil factory superintendent, which has been set for October 4.

I'm as Innocent as I Was

A Year Ago,' Asserts Frank

Just four months after the murder of Mary Phagan, Leo M. Frank stands convicted of the slaying of the slaying of thee 13-year-old girl in the National Pencil factory.

No recommendation for life imprisonment was made by the jurors, this circumstance making it imperative, according to the charge by Judge L. S. Roan, that a sentence of death by hanging be passed upon him. Judge Roan declined to say Tuesday the exact time when he would pass sentence.

Neither the prisoner, his relatives, friends nor any of his counsel appeared in the courtroom when the dread verdict was rendered. The sole representative of the defendant was Stiles Hopkins, a member of the firm of Rosser, Brandon, Sigton & Phillips, who was designated present and nave for Attorneys Rosser and Arnold the presence of the prisoner. A motion for a new trial will be made by Rosser and Arnold.

Populace Cheers Verdict.

The jurors were quick in arriving at their ballot. The case was given into their hands at 12:49. They went immediately to lunch and returned to the courthouse at 1:35. They proceeded to the election to the election of Fred Winburn as foreman and entered upon an informal discussion of the merits of the case. It was apparent that the jurymen were practically of one mind. They cast their ballot. At 3:21 it was known that the verdict was "guilty." At 4:56 the result was announced in the courtroom.

To avoid any sort of a demonstration, the courtroom was cleared of all spectators when it became known that the jury was ready to render its verdict. Everyone was excluded except Solicitor Dorsey, Attorney Hooper and attaches of Dorsey's office, several other members of the bar and newspaper man.

Hardly had Foreman Winburn read the words which branded the young factory superintendent a murderer before a mighty shout went up outside the building. The great crowds surging on all sides of the courthouse seemed to have had occult knowledge of the verdict at the very instant it was given utterance.

The news spread like magic. While the cheers still were rending the air, newsboys swooped down upon the courthouse and radiated in different directions from their offices, crying the extras on the verdict.

Frank was in the Tower with his young wife when the verdict was returned.

"My God! Even the jury was influenced by mob law," was t
he exclamation with which the accused man met the news of the verdict of guilty."

"I am as innocent as I was one year ago," be continued.

Frank would not talk at length to the newspaper men. His wife, who had shown the strain of the last hours of the trial throughout the day, collapsed in tears. Rabbi Marx and other friends of the family were at the tail when the fateful news came. They declared that nothing had developed since the beginning of the trial to shake their belief in Frank's entire innocence.

After the concluding words of the judge's charge Monday afternoon, the jury fled from the courtroom and several score of persons took advantage of the leniency of the court deputies to crowd inside the doors.

In a haze of smoke from innumerable cigars and cigarettes and from the explosion of flash light powder, the motley roomful of spectators waited impatiently for some sign that jurors were ready to return to the room. Any unexplained move on the part of Sheriff Mangum or one

Continued on Page 4, Column 1.

PAGE 15

JUROR'S STORY OF HOW EVIDENCE WAS WEIGHED AND VERDICT REACHED

The Georgian today reveals some of the innermost secrets of the jury which convicted Leo M. Frank of the murder of little Mary Phagan. This inside story of the greatest criminal case in the South's history is an intensely interesting revelation of the workings of men's minds.

It casts upon the various points made by the defense and the prosecution the light in which they were viewed by the twelve men who were chosen to act as the judges. It ends with the last memorable meeting of these men on the top floor of the courthouse Monday afternoon which culminated in the fateful verdict: "We the jury find the defendant guilty."

The information is given herewith as it was obtained by a reporter for this newspaper from one of the jurors late Monday night while the full weight of his grim burden still rested upon him. It is told in his own, impressive words.

"It was the only thing we could do. The evidence was against Frank from start to finish. And so we did our duty, as we had sworn to do."

Dorsey's Youth and

Sincerity Won.

"It would be hard to say what, of all the trial, made the greatest impression on the jury. It was probably the Solicitor General himself. He was a marvel. His youthful appearance, coupled with his sincerity, made a wonderful hit. There wasn't a minute of the hours that he spoke that he didn't seem to mean every word that he uttered."

"Dorsey is a forceful speaker. He puts emphasis behind his words. And he drives his points clear in and clinched, them on the other side. They had stuck with us. They had the evidence behind them to make them stick."

"His theory of the murder was the one we accepted. It was the one the evidence upheld. That was the way Frank killed that girl."

"While the negro watched downstairs, he took the little girl back into the metal room and struck her, and then with a cord strangled her to death. Then those notes were written as the negro told us and placed beside the body."

"In the Dorsey's argument there was one little sentence which seemed to imbed itself in the minds of every man on the jury, when he was speaking of the agreement between Frank and Conley that the negro should come back to the factory and burn the body. The sentence was this: And if the smoke from that little girl's burning body had gone curling up into the air, old Jim Conley would have hanged for another man's crime.'"

Hooper's Action

Had Its Effect.

"Those words went a long way toward keeping Jim Conley from Hanging, probably. They drew a contrast between right and wrong which made us look again into the evidence before us. And the narrow escape which the negro had made us shudder."

"There was another thing which impressed that jury. It was Frank Hooper's sacrifice to Dorsey. We called it that. Hooper had the chance of his lifetime there to make a wonderful speech when he opened the State's argument. We were half expecting one. His reputation was known to us. And when he ended there was some disappointment. We said he had not done his best.

"Then we saw his sacrifices. He had only made a plain statement of the State's case and left for the Solicitor General whatever fame and fortune there was to be won by the State's counsel."

"The jury heard none of the cheering for Dorsey outside the courtroom at any time. We heard the crowds in the courtroom laugh at times, and we laughed, too, but that had no effect."

"Probably the hardest job we had was to sit there and face Frank's mother and his wife with the slowly growing feeling of the defendant's guilt. Some of the jurors cried when Frank's wife broke down following his speech. It was an impressive thing to us. Yet it didn't effect the evidence."

Frank's Speech

Caused Wonder.

"The trouble with Frank's speech was the same as the trouble with the entire defense. The evidence declared to us that he was guilty and no words of his could disprove that fact. Everybody felt the weight his wonderful calm and dispassionate manner carried while he was talking. Yet the marvel was that a guilty man could do it. That was all."

"The defense made a wonderful fight with the evidence they had. Mr. Arnold was admired for his skillful work by every member of the jury. We saw every point that he brought out, and yet they all lacked weight."

"Probably nothing else in the whole case was of more interest to us that Luther Rosser's cross-examination of Conley. We thought it was a master's display of human ingenuity. Yet in the jury's mind it was like skyrocket, soaring up into the heavens to cast its fountain of brilliance about and then die out. The negro's story remained as he had told it. That had a tremendous effect in the verdict."

"Then there was that cabbage. It was astonishing the amount of knowledge was displayed by the members of the jury when the technicalities of medicine were brought out. We understood it all. The specimen of cabbage taken from the little Phagan girl's stomach was passed around amongst us in the jury room and we could easily see that it had not been digested."

"That also had its effect. There were men amongst us who luckily were well up on digestion. The experts said very little that we did not understand. But I will venture to say that few of the men of that jury will ever eat cabbage again."

Full Force of

Deputy Strikes Home.

"It is a terrific thing to be on a jury which holds a man's life in its hands. The weight seems heaviest during the early days of the trial. You are struck with the somber faces of your fellow jurymen first; then in the mirror you see that your own face is as somber as the real, and the full force of the duty in front of you strikes home. You realize that before you become a freeman again you shall have disposed of the life of a fellowman."

"Yet, strange to say, there wasn't one among us who tried to flinch from his full share of the work. Each seemed eager from the start to do what he had sworn to do, and the determination seemed to grow as the days passed. When we left the courtroom this afternoon with the judge's charge there wasn't a doubt in the mind of anyone of us that justice would be done. I think that thought, in a great measure, was the cause for our quick decision."

"Of course, we didn't dream that the case would last as long as it did. Some of us hadn't prepared for it. It meant a loss of a great deal of money to many of the men. Yet when this was brought up along in the second week, when no end was in sight, it took only one mention of the task before us to make all else look infinitesimally small. Jurydom is a sphere where money is not known."

First Week Was Longest of All.

"The first week of the trial was longer than all the rest put together. It was a bit difficult for us to get acquainted. We were all a little bit suspicious of each other. Outside of a few comments on immaterialities, practicality nothing was said about
the case. We didn't care to talk about it, even to our roommates."

"Then somebody brought in a checker board and someone else a deck of cards. The social life in jury quarters blossomed out in full blast."

"It was a most welcome diversion, too. We had little enough exercise as it was and there was nothing left but to brood on the case."

"And by the middle of the second week, there wasn't a more sociable and jolly set of men this side of heaven, I don't believe. There were checker matches and setback tournaments and a great rivalry for the championships. I don't believe that there was an amateur among the bunch which went into that jury who didn't come out an expert. With nothing else to do much at night, one can learn a great deal about cards and checkers in three weeks."

"There was no gambling. And each Sunday we read from the Bible and sang religious songs. In fact, we held regular services every Sabbath day. It didn't matter what churches we belonged to; each was as fervent as the other. While in Rome we did

Trial a Farce, Say Attorneys

L. Z. Rosser and Reuben Arnold, counsel for Leo Frank, issued the following statement this morning:

"We deem it not amiss to make a short statement, as the attorneys of Leo M. Frank, to the public."

"The trial which has just occurred, and which has resulted in Mr. Frank's conviction, was a farce and not in any way a trial. In saying this, we do not make the least criticism of Judge Roan who presided. Judge Roan is one of the best men in Georgia, and is an able and conscientious judge."

"The temper of the public mind was such that it invaded the courtroom and invaded the streets and made itself manifest at every turn the jury made; and it was just as impossible for this jury to escape the effects of this public feeling as if they had been turned loose and had been permitted to mingle with the people."

"In doing this we are making no criticism of the jury. They were only men, and unconsciously this prejudice rendered any other verdict impossible."

"It would have required a jury of stoics, a jury of Spartans, to have withstood this situation."

"The time ought to come when this man will get a fair trial, and we profoundly believe that it will."

"The final judgement of the American people is a fair one. It is sometimes delayed in coming, but it comes."

"We entered into this case with the profound conviction of Mr. Frank's innocence. The result has not changed our opinion. Every step of the trial has intensified and fortified our profound conviction of his innocence."

"L. Z. ROSSER,

"H. R. ARNOLD."

As the Romans do. Seriously, though, I think that the proposition we were up against in judging of a man's life had a good deal do with that fervor."

Same Word On Each Jury Slip.

"As for the judgement witnessed, there is little to say. As weighty as the task may seem, it was simple. There was but one ballot and on the twelve slips which were handed into Foreman Winburn the single word guilty' was written. Yet, no one seemed surprised. There was an unanimity of feeling amongst us."

"Don't think that we had not considered the case fully. And don't think that there was a man amongst us that wanted to do what we did. Yet, day after day, the pressure grew heavier, as the case was put before us. From a slight head it became an oppression; then a nausea and at last a sickening scene of the grim fact that, Frank was guilty and we were going to give the world that verdict."

"It was horrible that time we spent in deliberation. Everyone knew what was going to be done, though hardly a word was spoken, until we had agreed. We were spellbound with dread. Then someone suggested a drink. That enlivened us and we began to breathe again."

"You ask what brought us to our verdict so readily? I have told you. It was the only thing that could be done, and we knew it, even as we ascended the stairs to the jury this afternoon. No argument was needed."

Pierce Loses Pinkerton Job

By Actions in Phagan Case

As a result of the charges made by the police of unfair dealings by the Pinkerton operatives in the investigation of the Phagan case. H. B. Pierce, superintendent of the agency in Atlanta, tendered his resignation. It was promptly accepted by A. K. Corwardin, general superintendent, of New Orleans, who arrived in the city Monday.

Insubordination to the agency's rule demanding the co-operation of its operatives with the local police in criminal investigations was charged against the superintendent.

The specific charge which brought about the removal of Pierce grew out of the finding of the blood-stained stick on the first floor of the pencil factory by Pinkerton operatives. It was claimed by the police that the stick was withheld from them by Pierce, to whom it was turned in by the finders, and the butt of a buggy whip substituted. The stick itself was turned over to the defense.

"This action by Mr. Pierce was in direct opposition to the rules of the Pinkerton Agency," said Mr. Corwardin. "Our charter to operate in Atlanta carries the agreement that our men withhold nothing from the city police which they may secure in investigations of criminal cases."

"Explicit orders demanding that this agreement be carried through to the letter have been in effect in the Atlanta office since the agency was started here, and when Mr. Pierce disobeyed them, there was but one thing left to do."

While no intimation was given by General Superintendent Corwardin as to who would be Pierce's successor, it is generally reported that Harry Scott would be appointed to fill the position. The report is founded on the withdrawal of Scott's appointment to the superintendency of the Houston, Texas, office, which was made shortly before the charges against Pierce were made public. This promotion of Scott was made as a result of his work in the Phagan case investigation, in which he was the field marshal for the Pinkertons.

Mr. Corwardin admitted that Scott would stay in Atlanta.

PAGE 16

FRANK EMOTIONLESS AS HE HEARS SENTENCE TO GALLOWS

I am Innocent; My Case Is in My Lawyers'

I HAVE DONE MY DUTY, ASSERTS JUDGE ROAN

"I May Have Erred, but My Conscience Is Clear," He Tells Condemned Man.

Continued From Page 2.

of his deputies was the signal for a little flurry and the rumor that a verdict had been reached.

Frank's Presence Waived.

Several newspaper men sat on the sixth floor of the uncompleted new courthouses and calmly watched the proceedings of the jurymen on the fourth floor of the old building. The election of Winburn as foreman was noted, as well as other details incident to the deliberations. Finally, it became known that a verdict had been reached. This was an hour before the jurors came downstairs. Finally, it became known that a verdict had been reached. This was an hour before the jurors came downstairs. Judge Roan was sent for "An effort was made to get Solicitor Dorsey, but he could not be reached at once."

Assistant Solicitor E. A. Stephens and Frank Hooper, Dorsey's associate in the case, entered the courtroom and immediately were closeted in conference with Judge Roan. The discussion was in regard to the waiving of the prisoner's presence in the courtroom.

The two attorneys did not wish to sneak definitely for the Solicitor on the matter, but neither could see any objection to the procedure if the waiving was formally made by a representative of Rosser's firm. A little later the spectators were disappointed by the order to clear the courtroom. Dorsey entered just as this order was given. Within five minutes the jury was in the courtroom and the verdict had been returned.

Lanford Says

He Is Vindicated.

Though he has been convicted of the most terrible crime in the history of the South, the friends who have stood steadfastly by Leo Frank during the four long months since Mary Phagan's body was found have not deserted him. They still persist that he is innocent
and declare that time will uncover the guilty person and give the young factory superintendent his freedom.

Rabbi David Marx, one of Frank's staunchest supporters, who has been with the convicted superintendent almost constantly since he was first arrested on suspicion of being connected with the crime, was one of the most surprised men in Atlanta when the verdict was returned. He had confidently expected an acquittal, but even with the sentence of death having over Frank's head, the devotion with which Rabbi Marx has stood by Frank which has been the admiration even of those who believed Frank guilty does not falter.

Rabbi Marx Astounded.

Dr. Marx was with Frank when the latter was notified of the verdict, and eh suffered almost as heavily as the convicted man.

"I am stunned and surprised," Dr. Marx said. "I can not believe it. I know Leo Frank is innocent I know he is incapable of such a crime. My faith in him has not been shaken by the verdict of the jury. I ask that the public suspend final judgement until an appeal for a new trial is made."

Shortly after Frank had been notified of the verdict Dr. Marx left the jail for a conference with Frank's attorneys. He returned later to tend what comfort he could to the prisoner, and remained with him in his cell until a late hour.

Fair Trial, Says Lanford.

Chief of Detectives, Newport Lanford, head of the department when aided in securing the evidence that convicted Frank, has issued a statement declaring that the trial of the factory superintendent was the fairest he had ever seen.

"I have never figured in a case where the prisoner was given more privileges and liberties than Frank has received," Chief Lanford declared. "A body of twelve men in high-standing in the community have found him guilty of the murder of Mary Phagan, and, in my opinion the verdict was a just one. I think nearly everyone who is familiar with the case believes him guilty."

"It is very gratifying to the members of my department that the jury after careful deliberation, found Frank guilty. I am not surprised, however, nor are any of the detectives who have worked on the case."

"We have worked very hard since little Mary Phagan was murdered and have tried to get at the truth regarding the terrible crime. We have been severely condemned by a few persons, most of whom are unfamiliar with the case and with police methods of obtaining evidence, but the verdict of the jury is a complete vindication of our department. We feel that we have received the greatest reward possible -the conviction of the man

FRANK AND HIS WIFE HEAR JURY'S VERDICT

Frank received the news with fortitude the news with fortitude and appeared to be more concerned about his wife than himself. The verdict of the jury was announced to Frank and his wife by Rabbi Marx and Dr. Rosenberg.

responsible for the death of Mary Phagan."

The interest in the residence sections of the city was fully as great as downtown when the verdict came in Monday. Officials of the Southern Bell Telephone Company have made the statement that never in the history of the company have the city telephones been in such universal use as Monday afternoon. Three times as many calls were registered between 2 and 6 o'clock, when the excitement was at its greatest height, as have ever been registered before during an entire day. A special corps of operators was on duty at the exchanges, but they were swamped with the volume of the calls and were unable to attend to more than half of them.

"Old Newt" Lee Is

Released From Tower.

Old Newt Lee, as he was referred to by both sides in the Frank trial, the negro night watchman at the National Pencil Factory, was released Tuesday from the Fulton Tower just four months to a day after his fateful find.

The order for his release was signed by Judge Roan and taken to the jail by his attorneys Graham and Chapelle. Graham left with the negro for the police station, where he got a knife and some other personal effects taken from him at the time of his arrest.

Lee was spruce and as cheerful as a darky in watermelon time as he said goodbye to the Tower. He was rigged up in a new outfit and looked mere prosperous than he probably ever has in his life.

"He came here in rags, but he is leaving with quite a bunch of luggage," said one of the deputies.

The negro said he had had a home before the tragedy, but had lost it since.

"All I know is I'm going to look for work, boss," he said. "I sure got to work to live. I feel weak, just in my body, boss. I feel alright in the head because I never did have nothing to do with that murder and now, they all knows it."

Lee had been in jail since shortly after 3-o'clock April 27, when police, responding to his telephone call, found the strangled. Mary Phagan in the grimy basement. For a time, his indictment "seemed" certain, but by the time the case reached the Grand Jury the State had centered its prosecution on Frank and no action was taken against the negro. The petition freeing him was made on the formal plea of Solicitor Dorsey.

Hooper Praises

Dorsey's Work.

"In all my experience I have never seen a case more thoroughly gotten up than the State's cage against Leo M. Frank, as prepared by Solicitor Dorsey. It was complete throughout there was not an angle but which was investigated to the fullest possible extent."

Thus, spoke Attorney Frank Hooper while awaiting the verdict of the jury.

"Dorsey's sincerity in the prosecution and the thoroughness with which he entered into the detail of each part of his work was such as to arouse the admiration of anyone. He had the case at his finger tips; his knowledge of each phase of the case was complete. His argument was one of the most masterful I have ever heard. I do not think it could have been possible for a case to have been handled in a better manner."

PAGE 17

FRANK TO DIE OCTOBER 10; WILL APPEAL

I AM INNOCENT,' HE

SAYS: MY CASE IS IN

MY LAWYERS' HANDS'

Almost before the dread verdict of "guilty" had ceased ringing in his ears, Leo M. Frank, convicted of slaying Mary Phagan, heard Tuesday the still more terrible words, "sentenced to hang by the neck until dead," before the echo of his own words, "I am innocent" had died away.

Frank will pay the penalty for the murder of Mary Phagan, which the jury Monday agreed he had committed on October 10, unless the efforts of his two lawyers, who already have started a new fight for his life, are successful in postponing the execution or ultimately in cleaning their client. There is little doubt that the execution will be put off, as an appeal will act as a stay.

Sentence had hardly been pronounced by Judge L. S. Roan at 10:40 o'clock Tuesday morning in his courtroom in the Thrower building before Attorney Reuben Arnold was on his feet to make a motion for a new trial.

Judge Roan said that he would set October 4 as the date for hearing the arguments on the motion. It is known that Solicitor Dorsey is most vigorously opposed to any movement looking toward the reopening of the case. He asserted repeatedly during the last days of the trial that the claim of the defense that Frank was not receiving a fair trial was ridiculous on its face.

Wife Waits Outside During Sentence.

While the death penalty was being imposed upon the factory superintendent, his young wife sat outside the Thrower building in an automobile. She had followed her husband in the car, waiting for him as he was taken into court between two deputies and again following him when he was conveyed back to the Tower.

Frank displayed no more emotion than he did during the progress of the long trial. He perhaps, was a trifle paler than usual and his face a bit more haggard, but aside from this none would have known as he stepped firmly down from the Thrower building steps that he was a man on whom the death sentence had just been pronounce
d.

The fight for Frank's life, which may consume many months, arouses a question as to the disposal of Jim Conley. It is the general supposition that Conley's case will be held in abeyance until Frank's fate definitely is determined by a new trial or the decision of the appeal to the Supreme Court.

Newt Lee Released From Custody.

Newt Lee, material witness in the Frank trial and at one time a suspect, was released from custody Tuesday morning after spending exactly four months in jail.

A long and notable legal fight is certain over the effort to save. Frank from paying the penalty fixed by the court. The case will be carried to the highest courts if Judge Roan refuses a new trial.

There was the hush of horror as the dreadful "Hanged by the neck until dead, and may God have mercy on your soul," were uttered by the judge. The signs of Frank's emotion were few as ever. A few minutes later he was asserting, clearly and calmly, his entire innocence.

Frank heard his sentence with but a slight show of nervousness. He stood leaning slightly against the railing in front of the judge's bench looking straight into Judge Roan's eyes. Occasionally he moistened his lips, but otherwise he was calm. His eyes though, were bloodshot and his skin more pronounced white than ever before.

Frank Again Protests Innocence.

Judge Roan addressed him:

"The jury which has been trying you for the last several weeks has found you guilty. Have you anything to say why sentence should not be passed on you at this time?"

Frank leaned slightly against the railing and placed one hand behind his back before replying. Then he said in calm even voice:

"Your Honor, I say now as I have always said: I am inno-

Continued on Page 2, Column 1.

PAGE 18

JURY THAT CONVICTED FRANK AS SLAYER OF MARY PHAGAN

J. T.

OSBURN

J. H. HENSLEE

F. E. WINBURN

W. F. MEDCALF

A. L. WISBEY

W. M. JEFFRIES

M. JOHENNING

DEPUTY HUBER

M. S. WOODWARD

E. V. L.

SMITH

D. TOWNSEND

C. J. BOSSHARDT

J. F.

HIGDON

DEPUTY LIDDELL

WIFE, MOTHER EMBRACE

FRANK AFTER SENTENCE

Continued from Page 1.

Cent. Further than that, I will state that my case is in the hands of my counsel."

The prisoner's voice was so low that for a moment his hearers were not aware that he had finished and a deathly silence reigned. Then Judge Roan spoke:

"Your counsel informs me that they will move for a new trial," he said, addressing Frank, "but in the meantime, it is my sworn duty to pass sentence on you."

"I have tried to give you a fair trial. I may have erred, but I have done my duty as my conscience dictated."

Judge Roan then picked up from his desk the sheet of paper upon which his sentence was written. As he did so, through some slight misunderstanding, the crowd arose to its feet.

"Take your seats; take your seats," said Judge Roan, then read the sentence. In legal form, it was this:

"The State against Leo M. Frank; indictment for murder; Fulton County Superior Court, May Term 1913. Verdict of guilty, July term, August 25, 1913."

"Whereupon it is considered ordered and adjudged by the court that the defendant, Leo M. Frank, be taken from the bar of this court to the common jail in the County of Fulton, and that he safely there kept until his final execution in the manner fixed by law;"

"It is further adjudged by the Court that on the tenth day of October, 1913, that the defendant, Leo M. Frank, be executed by the Sheriff of Fulton County in private witnessed only by the executing officer, a sufficient guard, the relatives of the said defendant and such clergymen and friends as he may desire;"

"Such execution to take place in the common jail of Fulton County, and that said defendant on that day, between the hours of 10 o'clock a. m. and 2 o'clock p. m. be by the Sheriff of Fulton County hanged by the neck until he shall be dead, and may God have mercy on your soul."

"In open court, this 26th day of August, 1913. L. S. Roan, Judge of the Stone Mountain Circuit, presiding."

"When Judge Roan had finished reading the sentence Frank sank back into a chair between his two friends, Leo Strauss and Julian Boehm. His face had grown a bit paler, but the calm stolidity which characterized his attitude throughout the grim proceeding remained.

Attorney Reuben Arnold, who had defended Frank at the trial, arose and addressed Judge Roan.

"Your honor," he said, "we make a motion for a new trial."

"I will hear the arguments on the motion on October 4," replied Judge Roan.

Luther Rosser, Frank's chief of counsel, as heard to remark, aside when this date was fixed: "Well, that will extend the time of execution then."

At 10:40 o'clock Frank took his place between two deputy sheriffs and was escorted down to an automobile waiting below and whisked off to the jail. At the doorway to the Thrower building another automobile containing Mrs. Leo Frank was waiting. When Frank emerged from the building, he exchanged glanced with his wife, but no words were spoken.

When the machine with the prisoner moved out into the street towards the jail Mrs. Frank's automobile fell in behind and followed.

No Women Hear

Sentence Passed.

But a few persons not more than 30 in all heard the passing of the sentence. Amongst them there were but two of Frank's friends, Strauss and Boehm. The other witnesses were made up of Sheriff Mangum, half a dozen deputy sheriffs, numerous court attaches and newspapermen. There were no women in the courtroom.

Frank came in before this counsel. Smilingly the nodded to those in the room. Shortly after he had taken a seat Rosser and Arnold came in and took seats close by Frank.

To Arnold, Frank leaned over and whispered:

"What shall I say?"

"That your case. Is in the hands of your counsel," replied the attorney.

Sheriff Mangum escorted the judge to his bench and stood during the reading of the sentence with his back to the window near the bench, facing the crowd. He did not look at Frank throughout the proceedings.

At the close of the sentence there was no demonstration of any kind. Quietly the crowd filed out behind Frank and waited until the elevator, descending from the fourth floor with the prisoner and his captors only, returned for them.

Wife and Mother

Embrace Prisoner.

The automobile bearing Frank, with the fateful words "sentenced to hang by the neck till dead" still echoing in his ears, arrived back at the grim old Tower at 10:40 o'clock. Frank stepped out between Deputies Burdette and Owens. His face was a bit sallower, hie eyes a little wider open. Otherwise he was the same astoundingly cool prisoner.

The trio walked to the jail door and Frank asked his escorts to wait a moment. A minute later another car drew up and the devoted wife of the convicted slayer alighted, Deputy Scuttles at her side.

Frank's face lighted up. Mrs. Frank smiled the tragic smile of courage and loyalty and they were clasped in each other's arms, the young wife showering kisses on the man who had just heard his doom pronounced.

They disappeared into the gloom of the jail corridor, Mrs. Frank's arm around her husband's shoulder a shielding, motherly embrace that touched the men who walked with averted faces at Frank's side.

A moment more and Frank was in his mother's arms at the cell screened from foreign eyes and words of hopes showered upon him to drown the echo of the terrible pronouncement of a brief while back.

The young woman was dressed in black, relieved only by a white lace collar. She looked composed, but the traces of a night and weeping were in her eyes. The mother was pale and worn. Neither would talk to newspaper men.

Mob Influences

Jury, He Says

Emil Selig, the father-in-law of Frank, brought him his breakfast Tuesday morning. The convicted man, if he suffered any shock from the verdict Monday, was said to have recovered entirely
from it by the morning. He was as stoical as ever and even while in the shadow of the gallows he expressed himself as just as certain that he ultimately would be exonerated of the terrible crime as he was on the first day he was suspected.

"My God'. Even the jury is influenced by mob Law," were the words with which he greeted the news of the verdict Monday afternoon.

Frank was with his wife at the Tower when the intelligence came Rabbi Marx, Dr. Rosenberg, the Frank family physician, and a number of their friends were in the office of Sheriff Mangum, Dr. Rosenberg arriving some minutes after the verdict was known at his courthouse.

Rabbi Marx and Dr. Rosenberg went with the news to the accused man and his wife.

"The jury has found you guilty, see," said the physician.

Mrs. Frank screamed and broke into hysterical weeping. It was her husband who calmed her and assured her that everything would be all right in the end.

Within a few minutes he persuaded her to leave the jail in company with Rabbi Marx and Dr. Rosenberg. The traces of the tears were still on her face when she came through the corridor. With the aid of her escort, she avoided the newspaper men and entered the waiting automobile.

Dr. B. Wildauer came down shortly after. "I am as innocent today as I was a year ago," was Frank's comment on the verdict, according to Dr. Wildauer.

The blinds of the Selig home at No. 68 East Georgia avenue, where Frank and his wife lived with her parents, were closed Tuesday morning. Neighbors said that Mr. and Mrs. Selig and their daughter had stayed with relatives overnight.

Attorney Arnold left for Bedford Springs, Pa., Tuesday afternoon for a month's rest. Mr. Arnold will return to Atlanta in time to participate in the argument for a new trial for the pencil factory superintendent, which has been set for October 4.

I'm as Innocent as I Was

A Year Ago,' Asserts Frank

Just four months after the murder of Mary Phagan, Leo M. Frank stands convicted of the slaying of the slaying of thee 13-year-old girl in the National Pencil factory.

No recommendation for life imprisonment was made by the jurors, this circumstance making it imperative, according to the charge by Judge L. S. Roan, that a sentence of death by hanging be passed upon him. Judge Roan declined to say Tuesday the exact time when he would pass sentence.

Neither the prisoner, his relatives, friends nor any of his counsel appeared in the courtroom when the dread verdict was rendered. The sole representative of the defendant was Stiles Hopkins, a member of the firm of Rosser, Brandon, Sigton & Phillips, who was designated present and nave for Attorneys Rosser and Arnold the presence of the prisoner. A motion for a new trial will be made by Rosser and Arnold.

Populace Cheers Verdict.

The jurors were quick in arriving at their ballot. The case was given into their hands at 12:49. They went immediately to lunch and returned to the courthouse at 1:35. They proceeded to the election to the election of Fred Winburn as foreman and entered upon an informal discussion of the merits of the case. It was apparent that the jurymen were practically of one mind. They cast their ballot. At 3:21 it was known that the verdict was "guilty." At 4:56 the result was announced in the courtroom.

To avoid any sort of a demonstration, the courtroom was cleared of all spectators when it became known that the jury was ready to render its verdict. Everyone was excluded except Solicitor Dorsey, Attorney Hooper and attaches of Dorsey's office, several other members of the bar and newspaper man.

Hardly had Foreman Winburn read the words which branded the young factory superintendent a murderer before a mighty shout went up outside the building. The great crowds surging on all sides of the courthouse seemed to have had occult knowledge of the verdict at the very instant it was given utterance.

The news spread like magic. While the cheers still were rending the air, newsboys swooped down upon the courthouse and radiated in different directions from their offices, crying the extras on the verdict.

Frank was in the Tower with his young wife when the verdict was returned.

"My God! Even the jury was influenced by mob law," was the exclamation with which the accused man met the news of the verdict of guilty."

"I am as innocent as I was one year ago," be continued.

Frank would not talk at length to the newspaper men. His wife, who had shown the strain of the last hours of the trial throughout the day, collapsed in tears. Rabbi Marx and other friends of the family were at the tail when the fateful news came. They declared that nothing had developed since the beginning of the trial to shake their belief in Frank's entire innocence.

After the concluding words of the judge's charge Monday afternoon, the jury fled from the courtroom and several score of persons took advantage of the leniency of the court deputies to crowd inside the doors.

In a haze of smoke from innumerable cigars and cigarettes and from the explosion of flash light powder, the motley roomful of spectators waited impatiently for some sign that jurors were ready to return to the room. Any unexplained move on the part of Sheriff Mangum or one

Continued on Page 4, Column 1.

PAGE 19

WE ONLY DO OUR DUTY', SAYS MAN WHO HELPED CONVICT FRANK

Dorsey's Plea of Great Weight---Only Wondered at Prisoner's Statement

JUROR'S STORY OF HOW

EVIDENCE WAS WEIGHED

AND VERDICT REACHED

The Georgian today reveals some of the innermost secrets of the jury which convicted Leo M. Frank of the murder of little Mary Phagan. This inside story of the greatest criminal case in the South's history is an intensely interesting revelation of the workings of men's minds.

It casts upon the various points made by the defense and the prosecution the light in which they were viewed by the twelve men who were chosen to act as the judges. It ends with the last memorable meeting of these men on the top floor of the courthouse Monday afternoon which culminated in the fateful verdict: "We the jury find the defendant guilty."

The information is given herewith as it was obtained by a reporter for this newspaper from one of the jurors late Monday night while the full weight of his grim burden still rested upon him. It is told in his own, impressive words.

"It was the only thing we could do. The evidence was against Frank from start to finish. And so, we did our duty, as we had sworn to do."

Dorsey's Youth and

Sincerity Won.

"It would be hard to say what, of all the trial, made the greatest impression on the jury. It was probably the Solicitor General himself. He was a marvel. His youthful appearance, coupled with his sincerity, made a wonderful hit. There wasn't a minute of the hours that he spoke that he didn't seem to mean every word that he uttered."

"Dorsey is a forceful speaker. He puts emphasis behind his words. And he drives his points clear in and clinched, them on the other side. They had stuck with us. They had the evidence behind them to make them stick."

"His theory of the murder was the one we accepted. It was the one the evidence upheld. That was the way Frank killed that girl."

"While the negro watched downstairs, he took the little girl back into the metal room and struck her, and then with a cord strangled her to death. Then those notes were written as the negro told us and placed beside the body."

"In the Dorsey's argument there was one little sentence which seemed to imbed itself in the minds of every man on the jury, when he was speaking of the agreement between Frank and Conley that the negro should come back to the factory and burn the body. The sentence was this: And if the smoke from that little girl's burning body had gone curling up into the air, old Jim Conley would have hanged for another man's crime.'"

Hooper's Action

Had Its Effect.

"Those words went a long way toward keeping Jim Conley from Hanging, probably. They
drew a contrast between right and wrong which made us look again into the evidence before us. And the narrow escape which the negro had made us shudder."

"There was another thing which impressed that jury. It was Frank Hooper's sacrifice to Dorsey. We called it that. Hooper had the chance of his lifetime there to make a wonderful speech when he opened the State's argument. We were half expecting one. His reputation was known to us. And when he ended there was some disappointment. We said he had not done his best.

"Then we saw his sacrifices. He had only made a plain statement of the State's case and left for the Solicitor General whatever fame and fortune there was to be won by the State's counsel."

"The jury heard none of the cheering for Dorsey outside the courtroom at any time. We heard the crowds in the courtroom laugh at times, and we laughed, too, but that had no effect."

"Probably the hardest job we had was to sit there and face Frank's mother and his wife with the slowly growing feeling of the defendant's guilt. Some of the jurors cried when Frank's wife broke down following his speech. It was an impressive thing to us. Yet it didn't effect the evidence."

Frank's Speech

Caused Wonder.

"The trouble with Frank's speech was the same as the trouble with the entire defense. The evidence declared to us that he was guilty and no words of his could disprove that fact. Everybody felt the weight his wonderful calm and dispassionate manner carried while he was talking. Yet the marvel was that a guilty man could do it. That was all."

"The defense made a wonderful fight with the evidence they had. Mr. Arnold was admired for his skillful work by every member of the jury. We saw every point that he brought out, and yet they all lacked weight."

"Probably nothing else in the whole case was of more interest to us that Luther Rosser's cross-examination of Conley. We thought it was a master's display of human ingenuity. Yet in the jury's mind it was like skyrocket, soaring up into the heavens to cast its fountain of brilliance about and then die out. The negro's story remained as he had told it. That had a tremendous effect in the verdict."

"Then there was that cabbage. It was astonishing the amount of knowledge was displayed by the members of the jury when the technicalities of medicine were brought out. We understood it all. The specimen of cabbage taken from the little Phagan girl's stomach was passed around amongst us in the jury room and we could easily see that it had not been digested."

"That also had its effect. There were men amongst us who luckily were well up on digestion. The experts said very little that we did not understand. But I will venture to say that few of the men of that jury will ever eat cabbage again."

Full Force of

Deputy Strikes Home.

"It is a terrific thing to be on a jury which holds a man's life in its hands. The weight seems heaviest during the early days of the trial. You are struck with the somber faces of your fellow jurymen first; then in the mirror you see that your own face is as somber as the real, and the full force of the duty in front of you strikes home. You realize that before you become a freeman again you shall have disposed of the life of a fellowman."

"Yet, strange to say, there wasn't one among us who tried to flinch from his full share of the work. Each seemed eager from the start to do what he had sworn to do, and the determination seemed to grow as the days passed. When we left the courtroom this afternoon with the judge's charge there wasn't a doubt in the mind of anyone of us that justice would be done. I think that thought, in a great measure, was the cause for our quick decision."

"Of course, we didn't dream that the case would last as long as it did. Some of us hadn't prepared for it. It meant a loss of a great deal of money to many of the men. Yet when this was brought up along in the second week, when no end was in sight, it took only one mention of the task before us to make all else look infinitesimally small. Jurydom is a sphere where money is not known."

First Week Was

Longest of All.

"The first week of the trial was longer than all the rest put together. It was a bit difficult for us to get acquainted. We were all a little bit suspicious of each other. Outside of a few comments on immaterialities, practicality nothing was said about the case. We didn't care to talk about it, even to our roommates."

"Then somebody brought in a checker board and someone else a deck of cards. The social life in jury quarters blossomed out in full blast."

"It was a most welcome diversion, too. We had little enough exercise as it was and there was nothing left but to brood on the case."

"And by the middle of the second week, there wasn't a more sociable and jolly set of men this side of heaven, I don't believe. There were checker matches and setback tournaments and a great rivalry for the championships. I don't believe that there was an amateur among the bunch which went into that jury who didn't come out an expert. With nothing else to do much at night, one can learn a great deal about cards and checkers in three weeks."

"There was no gambling. And each Sunday we read from the Bible and sang religious songs. In fact, we held regular services every Sabbath day. It didn't matter what churches we belonged to; each was as fervent as the other. While in Rome we did

Trial a Farce, Say Attorneys

L. Z. Rosser and Reuben Arnold, counsel for Leo Frank, issued the following statement this morning:

"We deem it not amiss to make a short statement, as the attorneys of Leo M. Frank, to the public."

"The trial which has just occurred, and which has resulted in Mr. Frank's conviction, was a farce and not in any way a trial. In saying this, we do not make the least criticism of Judge Roan who presided. Judge Roan is one of the best men in Georgia, and is an able and conscientious judge."

"The temper of the public mind was such that it invaded the courtroom and invaded the streets and made itself manifest at every turn the jury made; and it was just as impossible for this jury to escape the effects of this public feeling as if they had been turned loose and had been permitted to mingle with the people."

"In doing this we are making no criticism of the jury. They were only men, and unconsciously this prejudice rendered any other verdict impossible."

"It would have required a jury of stoics, a jury of Spartans, to have withstood this situation."

"The time ought to come when this man will get a fair trial, and we profoundly believe that it will."

"The final judgement of the American people is a fair one. It is sometimes delayed in coming, but it comes."

"We entered into this case with the profound conviction of Mr. Frank's innocence. The result has not changed our opinion. Every step of the trial has intensified and fortified our profound conviction of his innocence."

"L. Z. ROSSER,

"H. R. ARNOLD."

As the Romans do. Seriously, though, I think that the proposition we were up against in judging of a man's life had a good deal do with that fervor."

Same Word On

Each Jury Slip.

"As for the judgement witnessed, there is little to say. As weighty as the task may seem, it was simple. There was but one ballot and on the twelve slips which were handed into Foreman Winburn the single word guilty' was written. Yet, no one seemed surprised. There was an unanimity of feeling amongst us."

"Don't think that we had not considered the case fully. And don't think that there was a man amongst us that wanted to do what we did. Yet, day after day, the pressure grew heavier, as the case was put before us. From a slight head it became an oppression; then a nausea and at last a sickening scene of the grim fact that, Frank was guilty and we were going to give the world that verdict."

"It was horrible that time we spent in deliberation. Everyone knew what was going to be done, though hardly a word was spoken, u
ntil we had agreed. We were spellbound with dread. Then someone suggested a drink. That enlivened us and we began to breathe again."

"You ask what brought us to our verdict so readily? I have told you. It was the only thing that could be done, and we knew it, even as we ascended the stairs to the jury this afternoon. No argument was needed."

Pierce Loses Pinkerton Job

By Actions in Phagan Case

As a result of the charges made by the police of unfair dealings by the Pinkerton operatives in the investigation of the Phagan case. H. B. Pierce, superintendent of the agency in Atlanta, tendered his resignation. It was promptly accepted by A. K. Corwardin, general superintendent, of New Orleans, who arrived in the city Monday.

Insubordination to the agency's rule demanding the co-operation of its operatives with the local police in criminal investigations was charged against the superintendent.

The specific charge which brought about the removal of Pierce grew out of the finding of the blood-stained stick on the first floor of the pencil factory by Pinkerton operatives. It was claimed by the police that the stick was withheld from them by Pierce, to whom it was turned in by the finders, and the butt of a buggy whip substituted. The stick itself was turned over to the defense.

"This action by Mr. Pierce was in direct opposition to the rules of the Pinkerton Agency," said Mr. Corwardin. "Our charter to operate in Atlanta carries the agreement that our men withhold nothing from the city police which they may secure in investigations of criminal cases."

"Explicit orders demanding that this agreement be carried through to the letter have been in effect in the Atlanta office since the agency was started here, and when Mr. Pierce disobeyed them, there was but one thing left to do."

While no intimation was given by General Superintendent Corwardin as to who would be Pierce's successor, it is generally reported that Harry Scott would be appointed to fill the position. The report is founded on the withdrawal of Scott's appointment to the superintendency of the Houston, Texas, office, which was made shortly before the charges against Pierce were made public. This promotion of Scott was made as a result of his work in the Phagan case investigation, in which he was the field marshal for the Pinkertons.

Mr. Corwardin admitted that Scott would stay in Atlanta.