Wednesday, 27th August 1913 Fight Begun To Save Frank Motion For New Trial Follows Death Sentence

Reading Time: 84 minutes [14261 words]

 

The Atlanta Georgian,

Wednesday, 27th 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.

PRISONER MUST HANG

OCT. 10, JUDGE RULES;

INNOCENT, HE

REPEATS

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 2

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 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 oth
er 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 4

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

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 3

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 greates
t 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 h
as 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 5

FRANK TO LEAD OWN FIGHT FOR LIFE

DORSEY UNDECIDED ON

ACTION AGAINST NEGRO

CONLEY AS ACCESSORY

In the desperate battle that has been started for the life of Leo. M. Frank, sentenced Tuesday to hang October 10 for the slaying of Mary Phagan, the two brilliant legal generals, Luther Rosser and Reuben Arnold, will have in active council with them the convicted man himself.

Solicitor Dorsey, asked Wednesday when he probably would ask for the indictment of Jim Conley as an accessory after the fact, said that he knew of no reason why it should be done at once on the convening of the Grand Jury.

He added, however, that he had made no decision on the matter, and that the indictment might be asked when the Grand Jury sits this week or the indictment might be allowed to hold for some time. The Solicitor had every confidence that the verdict of the jury in Frank's case would be upheld.

Frank told friends Wednesday that he was planning to have a large part in the conduct of the fight to obtain a reversal of the verdict of last Monday afternoon. Frank rendered his attorney assistance during the preparation of his case for presentation at the trial which has just ended, but all of the decisions of any consequence were left to them.

The convicted men followed every move of Rosser and Arnold, as well as of Solicitor Dorsey, with an increasing vigilance and with a thorough comprehension of the purpose involved. Friends say he feels that he is competent to have a part in the mapping out of the future campaign for his life and liberty, and expects to have a considerable voice in every plan that is proposed.

It is his life that is at stake and he is convinced that he has obtained a sufficient knowledge of legal procedure at least to advise and suggest and, at times, direct as to what shall be done.

October 10 Jewish Sacred Day.

That he is not without tactical ability in a law court was demonstrated by his statement to the jury.

An impressive coincidence in the sentencing of Leo Frank to hang on October 10 is that this the most deeply sacred days of all of Frank's religion the Day of Atonement. It is the day for confession of sins. It probably is as universally observed by members of this faith as Good Friday, for example, is observed by the Roman Catholics.

The setting of this date, however, may be regarded as little more of a formality, as it is certain that Frank will not go to his death on that day. The arguments for a new trial will be heard on October 4, and if the motion is denied an immediate appeal will be made to the Supreme Court, and this will necessitate a postponement in the date set for the execution while the matter is being thrashed out in the higher courts.

While the beginning of the real battle will not take place until October 4, Frank's lawyers entered at once into a new plan of campaign for his freedom. Reuben Arnold is taking a few days' vacation, but will return to the city shortly to resume this work on the case. In the meanwhile, witnesses are being examined and data obtained in reference to several of the points on which a new trial will be asked of Judge Roan.

Father of Frank Prostrated.

Rudolph M. Frank, father of the convicted man, was told Tuesday at his home in Brooklyn of the
verdict that had been returned against his son. An elderly man and an invalid much of the time, Dr. Frank was prostrated by the news.

"I know Leo is innocent. He never would be capable of committing a terrible deed of that sort," the old man told Harry Lewis, the family lawyer, who spoke to the reporters. Lewis was one of the character witnesses who came to Atlanta to testify at the trial."

PAGE 6

JURY SERVICE CALLED

SUPREME LOVE TEST

MRS. F. V. L. SMITH.

Frank Trial Temporary Widow' and

Husband Happily Reunited.'

"If you are not sure whether you love your husband, let him serve on a jury for four weeks then you'll know!"

Mrs. Frederick V. L. Smith, of No. 481 Cherokee Avenue, said it and sighed. But it was a happy sigh, for Mr. Smith, his face wreathed in one of those "I, John, take thee, Mary" smiles, was coming hurriedly up the sidewalk home from business fully an hour earlier than usual.

Not 24 hours before they had been reunited, after Mr. Smith had been a stranger to his own home a stranger to every place except the Kimball House and the courtroom for four long weeks, serving on the famous Frank jury.

"I don't think there is anything," Mrs. Smith continued, "that would cause a woman to realize how much she loved her husband as to have him be on a jury; to be a widow' and yet know that your husband is in the same city that you are."

"Let him pass you two or three times a day, and not be allowed to speak to him only to look and wave a handkerchief. Let those old deputy sheriffs stop him when he goes to say hello,' and caution you to be quiet when you start to ask him if he is being taken care of, if he gets enough to eat and if his clothing needs mending why, I don't see how you can help making a vow never to speak a cross word to him."

"Little Dan Cupid may hear the burden during courtship and honeymoon, but after marriage he has a great aid in jury service. I'll just bet if a woman who fusses and nags her husband would let him serve on a jury for a month or so she'd be permanently cured."

"It's a terrible thing to be a temporary widow. There must be a better word to it than terrible,' but if there is I don't know it, unless I say it was simply awful. I had almost rather husband would be dead than be on a jury. I don't think a real widow has a bit harder time than a temporary one.'"

Mrs. Smith, besides being one of the most beautiful of the eleven "temporary widows," is also one of the most remarkable. When her husband was caught in the jury net he was not given time to get any one to take charge of his business.

So Mrs. Smith, despite the fact that she had a baby to take care of, stepped into the breach, and during the four weeks of the trial was conducted her husband's business affairs as well as he could himself. Every morning saw her at his office in the Empire Building and every noon and evening saw her at the doors of the courthouse waving greetings to her "dead" husband.

Wife at Last Collapses.

The strain, however, was too great, and during the last week of the trial Mrs. Smith worked solely on her "nerve." She came home Monday evening very nervous, and shortly after 8 o'clock, when she received a telephone message from her husband that he was coming home, she collapsed.

Mr. Smith, returning at 10 o'clock after an absence of four weeks, found his wife unconscious and physicians bending over her. Mrs. Smith was unconscious for nearly two hours, and for more than half an hour of that time it was feared she was dead. By Tuesday afternoon, however, she had fully recovered her strength.

WAY CLEAR

TO INDICT

CONLEY

AT ONCE

Solicitor, However, Is Undecided

Whether to Move Against the

Negro This Week or Wait.

In the desperate battle that has been started for the life of Leo M. Frank, sentenced Tuesday to hang October 10 for the slaying of Mary Phagan, the two brilliant legal generals, Luther Rosser and Reuben Arnold, will have in active council with them the convicted man himself.

Solicitor Dorsey, asked Wednesday when he probably would ask for the indictment of Jim Conley as an accessory after the fact, said that he knew of no reason why it should not be done at once on the convening of the Grand Jury.

He added, however, that he had made no decision on the matter, and that the indictment might be asked when the Grand Jury sits this week or the indictment might be allowed to hold over some time. The Solicitor had every confidence that the verdict of the jury in Frank's case would be upheld.

Frank told friends Wednesday that he was planning to have a large part in the conduct of the flight to obtain a reversal of the verdict of last Monday afternoon. Frank rendered his attorneyas assistance during the preparation of his case for presentation at the trial which has just ended, but all of the decisions of any consequence were left to them.

The convicted man followed every move of Rosser and Arnold, as well as of Solicitor Dorsey, with an unceasing vigilance and with a thorough comprehension of the purpose involved. Friends say he feels that he is competent to have a part in the mapping out of the future campaign for his life and liberty, and expects to have a considerable voice in every plan that is proposed.

It is his life that is at stake, and he is convinced that he has obtained a sufficient knowledge of legal procedure at least to advise and suggest and, at times, direct as to what shall be done.

October 10 Jewish Sacred Day.

That he is not without tactical ability in a law court was demonstrated by his statement to the jury.

An impressive coincidence in the sentencing of Leo Frank to hang on October 10 is that this is the most deeply sacred day of all of Frank's religion the Day of Atonement. It is the day for confession of sins. It probably is as universally observed by members of this faith as Good Friday, for example, is observed by the Roman Catholics.

The setting of this day, however, may be regarded as little more than a formality, as it is certain that Frank will not go to his death on that day. The arguments for a new trial will be heard on October 4, and if the motion is denied, an immediate appeal will be made to the Supreme Court, and this will necessitate a postponement in the date set for the execution while the matter is being thrashed out in the higher courts.

While the beginning of the real battle will not take place until October 4, Frank's lawyers entered at once into a new plan of campaign for his freedom. Reuben Arnold is taking a few days' vacation, but will return to the city shortly to resume this work on the case. In the meanwhile, witnesses are being examined and data obtained in reference to several of the points on which a new trial will be asked of Judge Roan.

PAGE 7

Lawyers Want Rest Before De-

Fending Woman Accused of

Poisoning Rich Husband.

Postponed four weeks ago until after the close of the trial of Leo Frank, it is probable that the reopening of the famous Crawford will case, in which Mrs. Mary Belle Crawford is charged with poisoning her husband, Joshua B. Crawford, will again be delayed until after the hearing of the arguments for a new Frank trial on October 4. Should Judge Roan decline to grant a new trial, it is probable that the Crawford case will be postponed until after an appeal is taken to the Court of Appeals, at the request of Attorneys Reuben Arnold and Luther Rosser, who are counsel for both Mrs. Crawford and for Frank.

Colonel J. S. James, one of the attorneys for the heirs at law to the Crawford case, stated Wednesday morning he did not expect the case to be reopened until the Frank case was definitely settled one way or the other. He will confer with Attorney Rosser Wednesday afternoon or Thursday morning, and it is probable that some agreement will be reached regarding the reopening of the case. When Col. J. L. Anderson, who is serving as auditor in this will case, announced the postponement of the case several weeks ago, he
stated that in resuming the hearing of the testimony he would be governed by the wishes of the attorneys.

It is known that Rosser and Mr. Arnold favor delaying the Crawford case for several weeks, if not until the final disposition of the Frank case. Colonel James met Mr. Arnold several days ago, and during a conversation about the reopening of the case. Mr. Arnold remarked that he would dislike to resume within three weeks after the closing of the Frank trial, as he desired to get a much-needed rest. Mr. Arnold left the city Tuesday night for a month's stay and it is probable that Mr. Rosser will leave shortly also for a vacation. Colonel Anderson, the auditor, is also out of the city, but will return Saturday.

While many of the attorneys on either side have been busy with the Frank trial, the search for Fred Lum, the New York barber, who it is charged, was an accomplice of Mrs. Crawford in a plot to poison her husband, has continued without success. Colonel James has given a great deal of time to the apprehension of Lumb, and practically the entire East has bee scoured by detectives acting under his orders. New York detectives and detectives of other Eastern cities, have thrown their drag-nets out, but have found no trace whatever of the barber.

PAGE 8

Frank Attacks Solicitor Dorsey's Arraignment

DORSEY'S

SPEECH

CALLED

UNFAIR

Prisoner Prepares Statement to

Combat What he Terms Dis-

tortion of Facts.

"Dorsey's speech was as full of holes as a sieve! If I could have had just one hour to reply to his eight-hour address I am confident I could have shown the jury that I was an innocent man and that the Solicitor was misrepresenting the facts in order to obtain a conviction."

This was a statement made by Leo M. Frank to friends who visited him in the jail Wednesday.

"Dorsey twisted and contorted the real circumstances of the case until they were unrecognizable," he continued. "He altered everything that was said and everything that was done until it seemed to point to my guilt. If I could have spoken only briefly after he finished his eight-hour speech I could have shown, I am sure, that he departed from the facts of the case wherever it suited him."

"I am preparing a statement in reply to his argument to the jury which I propose to make public, if my lawyers think it advisable. In it I will point out exactly how the Solicitor warped the testimony and the facts to suit his own convenience. I know that these misstatements of his had their influence with the jury and that is why I am rebelling against the unfairness of the situation."

Frank Still Optimistic.

Frank, according to his friends, was as optimistic as ever Wednesday in regard to the ultimate outcome of his case, but was somewhat downcast over the wave of sentiment against him. He said he could not understand how people could be so certain of his guilt when the testimony was circumstantial in the extreme, except for that of Conley, who was an admitted liar and perjurer.

Rabbi Marx, Emil Selig, Prince Myers, Sig Montag, Milton Kline and Herbert Schiff were among Frank's visitors Wednesday. Mr. Selig, Frank's father-in-law remained at the Tower from 8:45 until about 11:30.

Schiff brought with him a stenographer from the pencil factory and Frank dictated a number of letters and also some matter in connection with his own case. The former superintendent is compiling in compact form all of the important testimony at the trial so that he more readily may refer to it when he comes to make his reply to Dorsey.

He sent for his diary and for a quantity of paper while Schiff was with him and the two worked together for more than an hour.

An indictment of Jim Conley, charging him with being accessory after the fact in the murder of Mary Phagan will be asked of the first session of the next Grand Jury, according to the present illegible Solicitor General Dorsey.

The new Grand Jury will meet the first week in September, and probably will have the request of the Solicitor for the indictment of Conley

Continued on Page 5, Column 1.

PAGE 11

FRANK, IN CELL, PREPARES

STATEMENT ATTACKING

DORSEY'S ARRAIGNMENT

Continued from Page 1.

as the first business for its disposal. The maximum sentence for this offense is three years, but it is thought that Conley, as a self-confessed accessory and a State's witness, will get off more lightly than the maximum.

Frank told friends Wednesday that he was planning to have a large part in the conduct of the fight to obtain a reversal of the verdict of last Monday afternoon. Frank rendered his attorney's assistance during the preparation of his case for presentation at the trial which has just ended, but all of the decisions of any consequence were left to them.

The convicted man followed every move of Rosser and Arnold, as well as of Solicitor Dorsey, with an unceasing vigilance and with a thorough comprehension of the purpose involved. Friends say he feels that he is competent to have a part in the mapping out of the future campaign for his life and liberty, and expects to have a considerable voice in every plan that is proposed.

It is his life that is at stake, and he is convinced that he has obtained a sufficient knowledge of legal procedure at least to advise and suggest and, at times, direct as to what shall be done.

Rosser Lays Battle Plan.

Rosser Wednesday began active preparation for the appeal for a new trial for Frank. In summing up the evidence for the argument of the case before Judge Roan on October 4, Solicitor Dorsey will work in conjunction with Mr. Rosser.

Mr. Rosser emphasized the colossal task before him as he sat in his office in the Grant Building by pointing to the mass of evidence taken by the court stenographer. It embraces 4,500 typewritten pages, far and away the record for criminal cases in Georgia. This must be condensed to a workable basis some 200 pages according to Mr. Rosser. It is supposed to be just enough to make the point clear on which the arguments for a new trial will be based. But attorney representing both sides must agree on the evidence submitted. And therefore, to save time, Solicitor Dorsey will collaborate with Mr. Rosser.

If Judge Roan refuses a new trial. Attorney Rosser declared the case immediately would be taken to the Supreme Court.

Thus, the sentence of Frank to be hanged between 10 and 2 o'clock on October 10 will be stayed. It probably will be after the first of the new year before the Supreme Court will be able to take up the case, and Frank automatically will get a respite.

Mr. Rosser's statements and acts refuted the reports that he had suffered greatly from the long strain of the trial.

Away from the color and excitement of the courtroom scenes he is proceeding on his work with the methodical energy he would proceed on a civil case.

Referring to Mr. Arnold's trip to Bedford Springs, Pa, and the report that he himself had suffered a loss of 25 pounds in weight, Mr. Rosser said:

"I don't need a vacation, so I have gone back to work. I weigh exactly the same as I did the day I went into the case. I haven't got time to worry about my physical well-being."

"I would greatly enjoy a good rest. But Mr. Arnold or myself has got to prepare this case for a new trial. He is gone and I've got to do it. So you see I am at it."

Mr. Arnold will return in good time to take part in the appeal for a new trial.

October 10 Jewish Sacred Day.

That he is not without tactical ability in a law court was demonstrated by his statement to the jury.

An impressive coincidence in the sentencing of Leo Frank to hang on October 10 is that this is the most deeply sacred day of all of Frank's religion the Day of Atonement. It is the day for confession of sins. It probably is as universally observed by members of this faith as Good Friday, for example, is observed by the Roman Catholics.

The setting of this day, however, may be regarded as little more than a formality,
as it is certain that Frank will not go to his death on that day. The arguments for a new trial will be heard on October 4, and if the motion is denied, an immediate appeal will be made to the Supreme Court, and this will necessitate a postponement in the date set for the execution while the matter is being thrashed out in the higher courts.

While the beginning of the real battle will not take place until October 4, Frank's lawyers entered at once into a new plan of campaign for his freedom. Reuben Arnold is taking a few days' vacation, but will return to the city shortly to resume this work on the case. In the meanwhile, witnesses are being examined and data obtained in reference to several of the points on which a new trial will be asked of Judge Roan.

Conley Says He Told Truth.

Frank arose at 7 o'clock Wednesday morning and walked about this limited quarters for half an hour, and then sat down to read the papers. He was reported to be as cheerful as at any time during the months he was awaiting for his trial.

Jim Conley had for his breakfast the usual jail fare. "I told the truth, boss," he remarked to J. L. Poindexter, one of the deputies.

"A lie will wash away, can't keep it, but the truth, it will stay by you," was his sage observation as he continued to comment on his case."

Rudolph M. Frank, father of the convicted man, was told Tuesday at his home in Brooklyn of the verdict that had been returned against his son. An elderly man and an invalid much of the time, Dr. Frank was prostrated by the news.

"I know Leo is innocent. He never would be capable of committing a terrible deed of that sort," the old man told Harry Lewis, the family lawyer, who spoke to the reporters. Lewis was one of the character witnesses who came to Atlanta to testify at the trial."

In making their motion for a new trial Tuesday, Frank's lawyers set forth statutory grounds, and later will file an amended motion. The first motion represents that the verdict of guilty was contrary to the evidence, contrary to law and contrary to the weight of the law, and that the court, after overruling a motion of the defense, allowed certain testimony which was relative to other crimes that the one specified in the bill of indictment.

This last reference is in reward to Jim Conley's testimony in which the negro told of the alleged conduct of Frank with women in his office.

Frank's Flight Likely

To Extend Over Months.

That the Leo Frank case can not reach the State Supreme Court, where it seems destined to go, before the third Monday in December, was the opinion expressed Wednesday morning by a court official who has figured out all the "possibilities."

Should the famous case reach the Supreme Court even at this early date it probably would be several weeks before a decision could be rendered, as a mass of testimony would have to be considered by the court.

According to the official, should Frank's attorneys be overruled by Judge Roan on October 4 in their request for a new trial, they may then file a bill of exceptions any time within the following twenty days. At the time of the filing of the bill of exceptions, which in this case probably will be immediately after the decision of Judge Roan and before October 10, the date of the hanging, the judge "shall," according to the law, order a supersedeas, which stays the execution.

After the bill of exceptions has been filed and the supersedeas ordered, the attorneys for the defense will have ten days to which to present the matter to the attorneys for the State. Following the notification to the State the defense then has fifteen days to file it with the Clerk of the Superior Court, who then has ten days to forward the record to the Clerk of the Supreme Court.

Should the defense take full advantage of the time granted in each case there is a possibility that the case will not reach the Supreme Court until January, or perhaps February.

PAGE 9

JURY SERVICE CALLED

SUPREME LOVE TEST

MRS. F. V. L. SMITH.

Frank Trial Temporary Widow' and

Husband Happily Reunited.'

"If you are not sure whether you love your husband, let him serve on a jury for four weeks then you'll know!"

Mrs. Frederick V. L. Smith, of No. 481 Cherokee Avenue, said it and sighed. But it was a happy sigh, for Mr. Smith, his face wreathed in one of those "I, John, take thee, Mary" smiles, was coming hurriedly up the sidewalk home from business fully an hour earlier than usual.

Not 24 hours before they had been reunited, after Mr. Smith had been a stranger to his own home a stranger to every place except the Kimball House and the courtroom for four long weeks, serving on the famous Frank jury.

"I don't think there is anything," Mrs. Smith continued, "that would cause a woman to realize how much she loved her husband as to have him be on a jury; to be a widow' and yet know that your husband is in the same city that you are."

"Let him pass you two or three times a day, and not be allowed to speak to him only to look and wave a handkerchief. Let those old deputy sheriffs stop him when he goes to say hello,' and caution you to be quiet when you start to ask him if he is being taken care of, if he gets enough to eat and if his clothing needs mending why, I don't see how you can help making a vow never to speak a cross word to him."

"Little Dan Cupid may hear the burden during courtship and honeymoon, but after marriage he has a great aid in jury service. I'll just bet if a woman who fusses and nags her husband would let him serve on a jury for a month or so she'd be permanently cured."

"It's a terrible thing to be a temporary widow. There must be a better word to it than terrible,' but if there is I don't know it, unless I say it was simply awful. I had almost rather husband would be dead than be on a jury. I don't think a real widow has a bit harder time than a temporary one.'"

Mrs. Smith, besides being one of the most beautiful of the eleven "temporary widows," is also one of the most remarkable. When her husband was caught in the jury net he was not given time to get any one to take charge of his business.

So Mrs. Smith, despite the fact that she had a baby to take care of, stepped into the breach, and during the four weeks of the trial was conducted her husband's business affairs as well as he could himself. Every morning saw her at his office in the Empire Building and every noon and evening saw her at the doors of the courthouse waving greetings to her "dead" husband.

Wife at Last Collapses.

The strain, however, was too great, and during the last week of the trial Mrs. Smith worked solely on her "nerve." She came home Monday evening very nervous, and shortly after 8 o'clock, when she received a telephone message from her husband that he was coming home, she collapsed.

Mr. Smith, returning at 10 o'clock after an absence of four weeks, found his wife unconscious and physicians bending over her. Mrs. Smith was unconscious for nearly two hours, and for more than half an hour of that time it was feared she was dead. By Tuesday afternoon, however, she had fully recovered her strength.

PAGE 10

Lawyers Want Rest Before De-

Fending Woman Accused of

Poisoning Rich Husband.

Postponed four weeks ago until after the close of the trial of Leo Frank, it is probable that the reopening of the famous Crawford will case, in which Mrs. Mary Belle Crawford is charged with poisoning her husband, Joshua B. Crawford, will again be delayed until after the hearing of the arguments for a new Frank trial on October 4. Should Judge Roan decline to grant a new trial, it is probable that the Crawford case will be postponed until after an appeal is taken to the Court of Appeals, at the request of Attorneys Reuben Arnold and Luther Rosser, who are counsel for both Mrs. Crawford and for Frank.

Colonel J. S. James, one of the attorneys for the heirs at law to the Crawford case, stated Wednesday morning he did not expect the case to be reopened until the Frank case w
as definitely settled one way or the other. He will confer with Attorney Rosser Wednesday afternoon or Thursday morning, and it is probable that some agreement will be reached regarding the reopening of the case. When Col. J. L. Anderson, who is serving as auditor in this will case, announced the postponement of the case several weeks ago, he stated that in resuming the hearing of the testimony he would be governed by the wishes of the attorneys.

It is known that Rosser and Mr. Arnold favor delaying the Crawford case for several weeks, if not until the final disposition of the Frank case. Colonel James met Mr. Arnold several days ago, and during a conversation about the reopening of the case. Mr. Arnold remarked that he would dislike to resume within three weeks after the closing of the Frank trial, as he desired to get a much-needed rest. Mr. Arnold left the city Tuesday night for a month's stay and it is probable that Mr. Rosser will leave shortly also for a vacation. Colonel Anderson, the auditor, is also out of the city, but will return Saturday.

While many of the attorneys on either side have been busy with the Frank trial, the search for Fred Lum, the New York barber, who it is charged, was an accomplice of Mrs. Crawford in a plot to poison her husband, has continued without success. Colonel James has given a great deal of time to the apprehension of Lumb, and practically the entire East has bee scoured by detectives acting under his orders. New York detectives and detectives of other Eastern cities, have thrown their drag-nets out, but have found no trace whatever of the barber.

PAGE 12

Solicitor's Plea Called Unfair By Frank

REGRETS HE COULDN'T

REPLY

Prisoner Prepares Statement to

Combat What he Terms Dis-

tortion of Facts.

"Dorsey's speech was as full of holes as a sieve! If I could have had just one hour to reply to his eight-hour address I am confident I could have shown the jury that I was an innocent man and that the Solicitor was misrepresenting the facts in order to obtain a conviction."

This was a statement made by Leo M. Frank to friends who visited him in the jail Wednesday.

"Dorsey twisted and contorted the real circumstances of the case until they were unrecognizable," he continued. "He altered everything that was said and everything that was done until it seemed to point to my guilt. If I could have spoken only briefly after he finished his eight-hour speech I could have shown, I am sure, that he departed from the facts of the case wherever it suited him."

"I am preparing a statement in reply to his argument to the jury which I propose to make public, if my lawyers think it advisable. In it I will point out exactly how the Solicitor warped the testimony and the facts to suit his own convenience. I know that these misstatements of his had their influence with the jury and that is why I am rebelling against the unfairness of the situation."

Frank Still Optimistic.

Frank, according to his friends, was as optimistic as ever Wednesday in regard to the ultimate outcome of his case, but was somewhat downcast over the wave of sentiment against him. He said he could not understand how people could be so certain of his guilt when the testimony was circumstantial in the extreme, except for that of Conley, who was an admitted liar and perjurer.

Rabbi Marx, Emil Selig, Prince Myers, Sig Montag, Milton Kline and Herbert Schiff were among Frank's visitors Wednesday. Mr. Selig, Frank's father-in-law remained at the Tower from 8:45 until about 11:30.

Schiff brought with him a stenographer from the pencil factory and Frank dictated a number of letters and also some matter in connection with his own case. The former superintendent is compiling in compact form all of the important testimony at the trial so that he more readily may refer to it when he comes to make his reply to Dorsey.

He sent for his diary and for a quantity of paper while Schiff was with him and the two worked together for more than an hour.

An indictment of Jim Conley, charging him with being accessory after the fact in the murder of Mary Phagan will be asked of the first session of the next Grand Jury, according to the present . Solicitor General Dorsey.

The new Grand Jury will meet the first week in September, and probably will have the request of the Solicitor for the indictment of Conley as the first business for its disposal. The maximum sentence for this offense is three years, but it is thought that Conley, as a self-confessed accessory and a State's witness, will get off more lightly than the maximum.

Frank told friends Wednesday that he was planning to have a large part in the conduct of the fight to obtain a reversal of the verdict of last Monday afternoon. Frank rendered his attorney's assistance during the preparation of his case for presentation at the trial which has just ended, but all of the decisions of any consequence were left to them.

Continued on Page 5, Column 1.

PAGE 14

FRANK, IN CELL, PREPARES

STATEMENT ATTACKING

DORSEY'S ARRAIGNMENT

Continued from Page 1.

the trial which has just ended, but all of the decisions of any consequence were left to them.

The convicted men followed every move of Rosser and Arnold, as well as of Solicitor Dorsey, with an increasing vigilance and with a thorough comprehension of the purpose involved. Friends say he feels that he is competent to have a part in the mapping out of the future campaign for his life and liberty, and expects to have a considerable voice in every plan that is proposed.

It is his life that is at stake and he is convinced that he has obtained a sufficient knowledge of legal procedure at least to advise and suggest and, at times, direct as to what shall be done.

Rosser Lays Battle Plan.

Rosser Wednesday began active preparation for the appeal for a new trial for Frank. In summing up the evidence for the argument of the case before Judge Roan on October 4, Solicitor Dorsey will work in conjunction with Mr. Rosser.

Mr. Rosser emphasized the colossal task before him as he sat in his office in the Grant Building by pointing to the mass of evidence taken by the court stenographer. It embraces 4,500 typewritten pages, far and away the record for criminal cases in Georgia. This must be condensed to a workable basis some 200 pages according to Mr. Rosser. It is supposed to be just enough to make the point clear on which the arguments for a new trial will be based. But attorney representing both sides must agree on the evidence submitted. And therefore, to save time, Solicitor Dorsey will collaborate with Mr. Rosser.

If Judge Roan refuses a new trial. Attorney Rosser declared the case immediately would be taken to the Supreme Court.

Thus, the sentence of Frank to be hanged between 10 and 2 o'clock on October 10 will be stayed. It probably will be after the first of the new year before the Supreme Court will be able to take up the case, and Frank automatically will get a respite.

Mr. Rosser's statements and acts refuted the reports that he had suffered greatly from the long strain of the trial.

Away from the color and excitement of the courtroom scenes he is proceeding on his work with the methodical energy he would proceed on a civil case.

Referring to Mr. Arnold's trip to Bedford Springs, Pa, and the report that he himself had suffered a loss of 25 pounds in weight, Mr. Rosser said:

"I don't need a vacation, so I have gone back to work. I weigh exactly the same as I did the day I went into the case. I haven't got time to worry about my physical well-being."

"I would greatly enjoy a good rest. But Mr. Arnold or myself has got to prepare this case for a new trial. He is gone and I've got to do it. So you see I am at it."

Mr. Arnold will return in good time to take part in the appeal for a new trial.

October 10 Jewish Sacred Day.

That he is not without tactical ability in a law court was demonstrated by his statement to the jury.

An impressive co
incidence in the sentencing of Leo Frank to hang on October 10 is that this is the most deeply sacred day of all of Frank's religion the Day of Atonement. It is the day for confession of sins. It probably is as universally observed by members of this faith as Good Friday, for example, is observed by the Roman Catholics.

The setting of this day, however, may be regarded as little more than a formality, as it is certain that Frank will not go to his death on that day. The arguments for a new trial will be heard on October 4, and if the motion is denied, an immediate appeal will be made to the Supreme Court, and this will necessitate a postponement in the date set for the execution while the matter is being thrashed out in the higher courts.

While the beginning of the real battle will not take place until October 4, Frank's lawyers entered at once into a new plan of campaign for his freedom. Reuben Arnold is taking a few days' vacation, but will return to the city shortly to resume this work on the case. In the meanwhile, witnesses are being examined and data obtained in reference to several of the points on which a new trial will be asked of Judge Roan.

Conley Says He Told Truth.

Frank arose at 7 o'clock Wednesday morning and walked about this limited quarters for half an hour, and then sat down to read the papers. He was reported to be as cheerful as at any time during the months he was awaiting for his trial.

Jim Conley had for his breakfast the usual jail fare. "I told the truth, boss," he remarked to J. L. Poindexter, one of the deputies.

"A lie will wash away, can't keep it, but the truth, it will stay by you," was his sage observation as he continued to comment on his case."

Rudolph M. Frank, father of the convicted man, was told Tuesday at his home in Brooklyn of the verdict that had been returned against his son. An elderly man and an invalid much of the time, Dr. Frank was prostrated by the news.

"I know Leo is innocent. He never would be capable of committing a terrible deed of that sort," the old man told Harry Lewis, the family lawyer, who spoke to the reporters. Lewis was one of the character witnesses who came to Atlanta to testify at the trial."

In making their motion for a new trial Tuesday, Frank's lawyers set forth statutory grounds, and later will file an amended motion. The first motion represents that the verdict of guilty was contrary to the evidence, contrary to law and contrary to the weight of the law, and that the court, after overruling a motion of the defense, allowed certain testimony which was relative to other crimes that the one specified in the bill of indictment.

This last reference is in reward to Jim Conley's testimony in which the negro told of the alleged conduct of Frank with women in his office.

Frank's Flight Likely

To Extend Over Months.

That the Leo Frank case can not reach the State Supreme Court, where it seems destined to go, before the third Monday in December, was the opinion expressed Wednesday morning by a court official who has figured out all the "possibilities."

Should the famous case reach the Supreme Court even at this early date it probably would be several weeks before a decision could be rendered, as a mass of testimony would have to be considered by the court.

According to the official, should Frank's attorneys be overruled by Judge Roan on October 4 in their request for a new trial, they may then file a bill of exceptions any time within the following twenty days. At the time of the filing of the bill of exceptions, which in this case probably will be immediately after the decision of Judge Roan and before October 10, the date of the hanging, the judge "shall," according to the law, order a supersedeas, which stays the execution.

After the bill of exceptions has been filed and the supersedeas ordered, the attorneys for the defense will have ten days to which to present the matter to the attorneys for the State. Following the notification to the State the defense then has fifteen days to file it with the Clerk of the Superior Court, who then has ten days to forward the record to the Clerk of the Supreme Court.

Should the defense take full advantage of the time granted in each case there is a possibility that the case will not reach the Supreme Court until January, or perhaps February.

PAGE 13

JURY SERVICE CALLED

SUPREME LOVE TEST

MRS. F. V. L. SMITH.

Frank Trial Temporary Widow' and

Husband Happily Reunited.'

"If you are not sure whether you love your husband, let him serve on a jury for four weeks then you'll know!"

Mrs. Frederick V. L. Smith, of No. 481 Cherokee Avenue, said it and sighed. But it was a happy sigh, for Mr. Smith, his face wreathed in one of those "I, John, take thee, Mary" smiles, was coming hurriedly up the sidewalk home from business fully an hour earlier than usual.

Not 24 hours before they had been reunited, after Mr. Smith had been a stranger to his own home a stranger to every place except the Kimball House and the courtroom for four long weeks, serving on the famous Frank jury.

"I don't think there is anything," Mrs. Smith continued, "that would cause a woman to realize how much she loved her husband as to have him be on a jury; to be a widow' and yet know that your husband is in the same city that you are."

"Let him pass you two or three times a day, and not be allowed to speak to him only to look and wave a handkerchief. Let those old deputy sheriffs stop him when he goes to say hello,' and caution you to be quiet when you start to ask him if he is being taken care of, if he gets enough to eat and if his clothing needs mending why, I don't see how you can help making a vow never to speak a cross word to him."

"Little Dan Cupid may hear the burden during courtship and honeymoon, but after marriage he has a great aid in jury service. I'll just bet if a woman who fusses and nags her husband would let him serve on a jury for a month or so she'd be permanently cured."

"It's a terrible thing to be a temporary widow. There must be a better word to it than terrible,' but if there is I don't know it, unless I say it was simply awful. I had almost rather husband would be dead than be on a jury. I don't think a real widow has a bit harder time than a temporary one.'"

Mrs. Smith, besides being one of the most beautiful of the eleven "temporary widows," is also one of the most remarkable. When her husband was caught in the jury net he was not given time to get any one to take charge of his business.

So Mrs. Smith, despite the fact that she had a baby to take care of, stepped into the breach, and during the four weeks of the trial was conducted her husband's business affairs as well as he could himself. Every morning saw her at his office in the Empire Building and every noon and evening saw her at the doors of the courthouse waving greetings to her "dead" husband.

Wife at Last Collapses.

The strain, however, was too great, and during the last week of the trial Mrs. Smith worked solely on her "nerve." She came home Monday evening very nervous, and shortly after 8 o'clock, when she received a telephone message from her husband that he was coming home, she collapsed.

Mr. Smith, returning at 10 o'clock after an absence of four weeks, found his wife unconscious and physicians bending over her. Mrs. Smith was unconscious for nearly two hours, and for more than half an hour of that time it was feared she was dead. By Tuesday afternoon, however, she had fully recovered her strength.