Tuesday, 21st October 1913: Fisher Under Third Degree Shirley’s Accuser In Cell, The Atlanta Georgian

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The Atlanta Georgian,

Tuesday, 21st October 1913,

PAGE 1, COLUMNS 1, 3, & 7.

PAGE 1, COLUMN 3

FLASHLIGHT AT THE POLICE STATION OF MYSTERIOUS WITNESS PRINCIPALS

J. C. Shirley,

the merchant

named by

Fisher as

Mary Phagan's

slayer.

On the left

I. W. Fisher,

The mystery

witness is

Seen facing

Chief of

Detectives

Lanford.

PAGE 1, COLUMN 7

DETECTIVES SEEK TO REVEAL PLOT AGAINST FURNITURE MERCHANT

Police, Tuesday, considered the exoneration of J. C. Shirley

complete. Charles J. Graham, attorney for the man accused by Ira

W. Fisher of the murder of Mary Phagan, and that was as yet

undecided whether Fisher's accusations were the ravings of a

diseased and dope-steeped mind or the first evidence of a deep-

laid plot with Fisher as the tool.

Two prominent Atlanta men and one Birmingham man are

threatened with arrest on charges of conspiracy. A searching

investigation by Chief Lanford and Attorney Graham will decide

whether this move will be taken. Graham said Tuesday that would

make a decision as soon as reports had been made to him on

certain rumors that had come to his ears.

Shirley said that he either would put Fisher in the asylum or

in the penitentiary. He will bring his books to the police Tuesday

to show a complete alibi. Lanford has instituted an investigation

of the charges of conspiracy and will make arrests at once if he

finds them substantiated. Two of the men named in the alleged

conspiracy have been identified with the Frank case. The other

one is known to have been with Fisher in Birmingham.

It was pointed out by Chief Lanford Tuesday that were

Fisher's story true in every particular, there is nothing in it to

connect Shirley with the murder of Mary Phagan. The name that

Fisher said Shirley mentioned as that of the girl he was to meet

was Hattie. Shirley asserts that he never even knew Mary Phagan

by sight.

Fisher Locked Up.

Fisher was put under arrest at the police station on the

charge of criminal libel, the complaint being sworn to by Russell

Shirley, a brother of J. C. Shirley. Short shrift was given him after

he had repeated his weird story Monday night in the presence of

the man he accuses.

The warrant had already been made out and as soon as it

became apparent that Fisher, said by some to be an irresponsible

drunkard and dope fiend, was going to stick by his story, Chief of

Detectives Lanford gave the paper to Detective John W. Starnes

and Fisher was locked up.

Fisher underwent a searching examination that lasted more

than three hours. His detailed story first was taken by G. C.

Febuary, secretary to Chief Lanford. Little effort was made at this

time to cross-examine him, the purpose being to get his story

together as he originally had told it so that every feature might

later be investigated with a view of disproving or substantiating it.

Visits Places He Names.

Chief Langford and Detectives Starnes and Coker then put

Fisher through a severe questioning and he then was taken out in

the police automobile to visit several of the places he said he had

been with Shirley on the day of the crime. While he was gone

Shirley, at the request of Chief Lanford, came to the police

station. Shirley went into the chief's office. As soon as Fisher

came back he was bustled without any warning right into the

room. Standing before him was the man he accused.

Fisher was taken aback for an instant, but recovered himself

at once. He was placed in a chair near the chief and the

questioning was resumed, Chief Lanford, Charles J. Graham,

attorney for Shirley; Russell Shirley and the accused man himself

took turns in firing questions at the stolid figure in the chair. Aside

from a nervous movement in the chair. Aside from a nervous

movement of his hands, and a frequent stroking of his face on

which there was a four days' growth of beard, he showed no sign

that he was disturbed by the unusual position in which he found

himself.

Because of the positive statements contained in the first

announcement of Fisher's story and the terrible charge against

Shirley that was implied in its words, some possibility existed that

Shirley might be held at the police station until the story had been

investigated.

So many glaring improbabilities and conflicts, however, crept

into the man's narrative that Chief Lanford declared that he

couldn't think of holding Shirley on the strength of Fisher's story,

which he branded as manifestly impossible.

Dresser Never Delivered.

The trip to No. 132 Bellwood avenue developed one of the

reasons for disbelief in Fisher's statement. Mrs. William Holloway

lives here. Fisher said that he went in a wagon with Shirley to this

house the morning of April 28 to deliver a dresser. When the

officers and Fisher drove up to the house Monday night, Mrs.

Holloway declared that Fisher and Shirley never had delivered

anything there, and that she had not bought a dresser for years.

This blow to his tale did not daunt Fisher in the least. He still stuck

to his assertion that they went there that morning and delivered

the furniture.

Another of his statements which gave tangible cause for

disbelief was that he had seen no crowd on the streets April 26,

which was Memorial Day, either while he was waiting at Marietta

and Forsyth streets from about 1 until 3 o'clock in the afternoon

or while he and Shirley, according to his story, were driving across

Peachtree street and down Decatur street and then to the Union

Station.

He said that he noticed no crowd on the streets at all other

than would naturally be on any Saturday afternoon. The progress

of his wagon never was stopped at any time he was driving from

one place to another. It is claimed that this alone brands his story

as ridiculous, as there were large crowds on the street.

Still another discrepancy which the police say is in his story

is that he first said that he met C. W. Burke, agent for Attorney

Luther Rosser, on Friday night in Birmingham. Before the

detectives he declared that the first time he saw Burke was last

Saturday night when Burke met him on the street and brought

him to Atlanta. Burke also is declared to have said that he met

Fisher first on Friday night.

Fisher was questioned very closely about who had talked to

him in Luther Rosser's office. He said that

PAGE 6, COLUMN 1

FISHER STICKS TO STORY UNDER FIERCE GRILLING OF LAWYER AND POLICE

Continued From Page 1.

Rosser and Reuben Arnold had not talked to him at all, but that

Burke had done most of the examination. They told me up there

that I would have a hard time down here if the detectives got hold

of me, he naively told Langford.

Fisher gave all of his replies in a calm, almost disinterested

voice. When he charged Shirley with going to the pencil factory to

meet Mary Phagan he jeered his thumb carelessly toward Shirley

who sat the other side of a table.

You did it; you know you did it, he said to Shirley.

You lie, you skunk; you know d"well you lie! retorted

Shirley, and he started from his chair in a menacing manner.

Detectives grabbed Shirley and averted a fight.

This dramatic scene was enacted when Shirley was brought

to headquarters to face his accuser. Quiet was restored and

Fisher was ordered to tell his story in the furniture man's

presence.

The Saturday of the murder Shirley and I drove down to

Broad and Marietta streets in his wagon. We had delivered a

bureau to a Mrs. Holloway on Bellwood avenue. We stopped near

the corner and Shirley said he wanted me to hold the horse while

he went to the pencil factory, where he had a date, he said, with

Hattie,' the pet name for Mary Phagan. Fisher paused and

Shirley was on his feet in an instant.

Called Liar and Bum.

You're a measly liar and I'll prove it, you drunken bum,

shouted Shirley, his eyes lighting up with a dangerous fire. Why

don't you tell the truth and quit lying? Shirley, half mad with

rage, was almost dragged into his chair by Charley Graham, his

attorney.

Fisher was told to continue.

I waited about an hour and a half for Shirley, started the

man again, his eyes roaming about the room, as though in search

for a place he could look where no eyes would catch his gaze. He

got back between 2:30 and 3 o'clock.

I've played hell in general, he said to me. Then he said I

had better get out of town.

Fisher again paused, and looking Shirley straight in the eyes

for the first time, said:

That's straight. Mr. Shirley, and if you'll tell the truth you'll

admit it.

Once more Shirley arose in a threatening attitude, but took

his seat again.

I didn't want to get out of town and told Shirley so, but he

threatened me and said I would have to get out. We drove to the

Union Depot and he purchased me a ticket for Ellijay. He gave me

$25. He went in the car with me and left me. If I hadn't have been

afraid of him I wouldn't have gone away. I stayed in Ellijay two

weeks then came back to Atlanta.

Tells of Threats.

I stayed here two weeks then went to Copper Hill, Tenn.,

because Shirley wanted me to and because he threatened me.

You know you threatened me Shirley"you know you did, and the

strange man shook his head in a dogged manner.

Shirley sent me some letters with money in them. Two he

sent contained $25 each. Another one contained $8.

I've told the truth and it'd all come out sooner or later,

declared Fisher with the air of a philosopher.

Efforts to shake the mans' story were without results. He

would answer most any question in an unconcerned way and

refused to be tangled up by the questions put to him by Graham,

the chief and by reporters.

You are telling a most wondrous tale, said Graham, but

you had better tell the truth before you get sent to jail for criminal

libel.

Denies Using Drugs.

I know what libel is retorted Fisher, and you can't send a

man to prison for telling the truth.

What Kind of dope do you use, morphine or cocaine?

someone shot at him.

None, said Fisher.

You look like you did, said one of the detectives.

That's because I need a drink"got one? he replied.

And undoubtedly, he did need one.

He had been given all the whisky he wanted while in the

hands of the attorneys, and was reluctant to leave such a nice

abode. His face needed a hour's work by a barber and a bath

would not have harmed him.

Chummy or Rummy?

Fisher said that while in Parksville he met a man by the

name of Joe Hicks, who was employed on the rail road with him

and that they became quite chummy.

You mean rummy,' don't you, Fisher? interposed Shirley's

brother.

Fisher went on to say that Hicks went to Birmingham with

him some weeks ago and that they had stayed together there.

Hicks, he said, was the first person he ever told the story of his

movements on the day of the murder of Mary Phagan. He never

even had told his wife.

You know that all she wants is to keep me in jail, don't

you? he asked, addressing the Shirley brothers.

Well, I just let drop a hint or two at first. I told him that they

didn't have the murderer of Mary Phagan and that I knew who the

real murderer was. He told me that I ought to tell if I knew. Then I

went on to tell him the whole thing just as I have told it here.

After he had kept telling me that I ought not to let an innocent

man hang, it just kind of got on my conscience. Finally, he went

with me Friday to Chief Bodeker's office and we told the whole

thing.

Well, I just let drop a hint or two at first. I told him that they

didn't have the murderer of Mary Phagan and that I knew who the

real murderer was. He told me that I ought to tell if I knew. Then I

went to tell him the whole thing just as I have told it here. After

he had kept telling me that I ought not to let an innocent man

hang. It just kind of got on my conscience. Finally, he went with

me Friday to Chief Bodeker's office and we told the whole thing.

Who did the most talking? inquired Chief Lanford.

Why, I guess Hicks did, said Fisher.

After the questioning of Fisher was over, Lanford said.

Search for Conspiracy.

We are going to get at the bottom of this. It may be that

Fisher has been paid money, but I am going to investigate the

possibility that it was someone else and not Shirley that paid it to

him. If there is any conspiracy against Shirley or in behalf of

anyone else, the detective department proposes to find it out if

possible. Fisher has absolutely no evidence that money was sent

him. He has no envelopes from Shirley. He says he tore them up.

He says the letters were not registered, and he says that all of the

money was sent in cash. Altogether it is the most ridiculous story

I ever listened to.

PAGE 2, COLUMNS 1, 5, & 7

FISHER PLOT' GOES TO GRAND JURY

MRS. PANKHURST, AS

SHE ARRIVED IN U.

S.

Mrs. Emmeline Pankhurst, leader of the English militant

suffragettes, snapped on the ship just before she landed at Ellis

Island, where she was detained until she won her appeal.

DORSEY TO BE

ASKED

TO AID IN

UNEARTHING

PLOT AGAINST

SHIRLEY

Solicitor Dorsey shortly before noon made public a mass of

affidavits upholding Jurors Johenning and Henslee who were

accused of bias in charges filed by the defense in the fight for a

new trial for Leo Frank.

The affidavits included statements from fellow jurors

declaring that the two men had expressed no opinion on the

merits of the case while the trial was in progress. They also

included statements upholding the character of the men.

That the County Grand Jury will be asked to investigate the

origin of the accusation of Ira W. Fisher was the statement made

by C. J. Graham, attorney for J. C. Shirley, the furniture dealer

named by the new Phagan witness Tuesday.

This action was decided upon following a lengthy conference

between Shirley, Graham and Chief of Detectives Lanford. Its

purpose will be to determine whether Fisher's story was the result

of a conspiracy against Shirley or simply the result of a drink-

crazed mind.

A rigid probe to the foundation of the story will be asked.

Persons named by Fisher as his associates since his departure

from Atlanta will be questioned, especially those with whom he

had dealings just prior to the time he appeared before Chief of

Police Bodeker in Birmingham and made his startling statements.

If the investigation shows that others had a hand in the

accusation against the furniture dealer, they will be prosecuted

together with Fisher on a conspiracy charge. Many believe that

this will prove the fact.

Conference With Dorsey

Attorney Graham stated that he would have a conference

with Solicitor Dorsey later in the day and an early date for the

Grand Jury probe would be fixed.

Two Atlanta men and one Birmingham man are threatened

with arrest on charges of conspiracy. A searching investigation by

Chief Lanford and Attorney Graham will decide whether this move

will be taken. Graham said Tuesday that he would make a

decision as soon as reports had been made to him on certain

rumors that had come to his ears.

Shirley said that he either would put Fisher in the asylum or

in the penitentiary. He will bring his books to the police Tuesday

to show a complete alibi. Lanford has instituted an investigation

of the charges of conspiracy and you will make arrests at once

finds them substantiated. Two of the men named in the alleged

conspiracy have been identified with the Frank case. The other

one is known to have been with Fisher in Birmingham.

It was pointed out by Chief Lanford Tuesday that were

Fisher's story true in every particular, there is nothing in it to

connect Shirley with the murder of Mary Phagan. The name that

Fisher said Shirley mentioned as that of the girl he was to meet

was Hattie. Shirley asserts that he never even knew Mary Phagan

by sight.

Fisher Locked Up.

Fisher was put under arrest at the police station on the

charge of criminal libel, the complaint being sworn to by Russell

Shirley, a brother of J. C. Shirley. Short shrift was given him after

he had repeated his weird story Monday night in the presence of

the man he accuses.

The warrant had already been made out, and as soon as it

became apparent that Fisher, said by some to be an irresponsible

drunkard and dope fiend, was going to stick by his story, Chief of

Detectives Lanford gave the paper to Detective John W. Starnes

and Fisher was locked up.

Fisher underwent a searching examination that lasted more

than three hours. His detailed story first was taken by G. C.

Febuary, secretary to Chief Lanford. Little effort was made at this

time to cross-examine him, the purpose being to get his story

together as he originally had told it so that every feature might

later be investigated with a view of disproving or substantiating it.

Chief Lanford and Detectives Starnes and Coker then put

Fisher through a severe questioning and he then was taken out in

the police automobile to visit several of the places he said he had

been with Shirley on the day of the crime. While he was gone S

the request of Chief Lanford, came to the police station. Shirley

went into the chief's office. As soon as Fisher came back he was

bustled without any warning right into the room. Standing before

him was the man he accused.

Fisher was taken aback for an instant, but recovered himself

at once. He was placed in a chair near the chief and the

questioning was resumed. Chief Lanford, Charles J. Graham,

attorney for Shirley; Russell Shirley and the accused man himself

took turns in firing questions at the stolid figure in the chair. Aside

from a nervous movement of his hands, and a frequent stroking

of his face on which there was a four days' growth of beard, he

showed no sign that he was disturbed by the unusual position in

which he find himself.

Because of the positive statements contained in the first

announcement of Fisher's story and the terrible charge against

Shirley that was implied in its words, some possibility existed that

Shirley might be held at the police station until the story had been

investigated.

So many glaring improbabilities and conflicts, however, crept

into the man's narrative that Chief Lanford declared that he

couldn't think of holding Shirley on the strength of

PAGE 7, COLUMN 1

Continued From Page 1.

Fisher's story, which he branded manifestly impossible.

The trip to No. 132 Bellwood avenue developed one of the

reasons for disbelief in Fisher's statement. Mrs. William Holloway

lives here. Fisher said that he went in a wagon with Shirley to this

house the morning of April 28 to deliver a dresser. When the

officers and Fisher drove up to the house Monday night, Mrs.

Holloway declared that Fisher and Shirley never had delivered

anything there, and that she had not bought a dresser for years.

This blow to his tale did not daunt Fisher in the least. He still stuck

to his assertion that they went there that morning and delivered

the furniture.

Another of his statements which gave tangible cause for

disbelief was that he had seen no crowd on the streets April 26,

which was Memorial Day, either while he was waiting at Marietta

and Forsyth streets from about 1 until 3 o'clock in the afternoon

or while he and Shirley, according to his story, were driving across

Peachtree street and down Decatur street and then to the Union

Station.

He said that he noticed no crowd on the streets at all other

than would naturally be on any Saturday afternoon. The progress

of his wagon never was stopped at any time he was driving from

one place to another. It is claimed that this alone brands his story

as ridiculous, as there were large crowds on the street.

Still another discrepancy which the police say is in his story

is that he first said that he met C. W. Burke, agent for Attorney

Luther Rosser, on Friday night in Birmingham. Before the

detectives he declared that the first time he saw Burke was last

Saturday night when Burke met him on the street and brought

him to Atlanta. Burke also is declared to have said that he met

Fisher first on Friday night.

Fisher was questioned very closely about who had talked to

him in Luther Rosser's office. He said that Rosser and Reuben

Arnold had not talked to him at all, but that Burke had done most

of the examination. They told me up there that I would have a

hard time down there if the detectives got hold of me, he naively

told Langford.

Fisher gave all of his replies in a calm, almost disinterested voice.

When he charged Shirley with going to the pencil factory to meet

Mary Phagan he jeered his thumb carelessly toward Shirley who

sat the other side of a table.

You did it; you know you did it, he said to Shirley.

You lie, you skunk; you know d"well you lie! retorted

Shirley, and he started from his chair in a menacing manner.

Detectives grabbed Shirley and averted a fight.

This dramatic scene was enacted when Shirley was brought

to headquarters to face his accuser. Quiet was restored and

Fisher was ordered to tell his story in the furniture man's

presence.

The Saturday of the murder Shirley and I drove down to

Broad and Marietta streets in his wagon. We had delivered a

bureau to a Mrs. Holloway on Bellwood avenue. We stopped near

the corner and Shirley said he wanted me to hold the horse while

he went to the pencil factory, where he had a date, he said, with

Hattie,' the pet name for Mary Phagan. Fisher paused and

Shirley was on his feet in an instant.

Called Liar and Bum.

You're a measly liar and I'll prove it, you drunken bum,

shouted Shirley, his eyes lighting up with a dangerous fire. Why

don't you tell the truth and quit lying? Shirley, half mad with

rage, was almost dragged into his chair by Charley Graham, his

attorney.

Fisher was told to continue.

I waited about an hour and a half for Shirley, started the

man again, his eyes roaming about the room, as though in search

for a place he could look where no eyes would catch his gaze. He

got back between 2:30 and 3 o'clock.

I've played hell in general, he said to me. Then he said I

had better get out of town.

Fisher again paused, and looking Shirley straight in the eyes

for the first time, said:

That's straight. Mr. Shirley, and if you'll tell the truth you'll

admit it.

Once more Shirley arose in a threatening attitude, but took

his seat again.

I didn't want to get out of town and told Shirley so, but he

threatened me and said I would have to get out. We drove to the

Union Depot and he purchased me a ticket for Ellijay. He gave me

$25. He went in the car with me and left me. If I hadn't have been

afraid of him I wouldn't have gone away. I stayed in Ellijay two

weeks then came back to Atlanta.

Tells of Threats.

I stayed here two weeks then went to Copper Hill, Tenn.,

because Shirley wanted me to and because he threatened me.

You know you threatened me Shirley"you know you did, and the

strange man shook his head in a dogged manner.

Shirley sent me some letters with money in them. Two he

sent contained $25 each. Another one contained $8.

I've told the truth and it'd all come out sooner or later,

declared Fisher with the air of a philosopher.

Efforts to shake the mans' story were without results. He

would answer most any question in an unconcerned way and

refused to be tangled up by the questions put to him by Graham,

the chief and by reporters.

You are telling a most wondrous tale, said Graham, but

you had better tell the truth before you get sent to jail for criminal

libel.

Denies Using Drugs.

I know what libel is retorted Fisher, and you can't send a

man to prison for telling the truth.

What Kind of dope do you use, morphine or cocaine?

someone shot at him.

None, said Fisher.

You look like you did, said one of the detectives.

That's because I need a drink"got one? he replied.

And undoubtedly, he did need one.

He had been given all the whisky he wanted while in the

hands of the attorneys, and was reluctant to leave such a nice

abode. His face needed a hour's work by a barber and a bath

would not have harmed him.

Chummy or Rummy?

Fisher said that while in Parksville he met a man by the

name of Joe Hicks, who was employed on the rail road with him

and that they became quite chummy.

You mean rummy,' don't you, Fisher? interposed Shirley's

brother.

Fisher went on to say that Hicks went to Birmingham with

him some weeks ago and that they had stayed together there.

Hicks, he said, was the first person he ever told the story of his

movements on the day of the murder of Mary Phagan. He never

even had told his wife.

You know that all she wants is to keep me in jail, don't

you? he asked, addressing the Shirley brothers.

Well, I just let drop a hint or two at first. I told him that they

didn't have the murderer of Mary Phagan and that I knew who the

real murderer was. He told me that I ought to tell if I knew. Then I

went on to tell him the whole thing just as I have told it here.

After he had kept telling me that I ought not to let an innocent

man hang, it just kind of got on my conscience. Finally, he went

with me Friday to Chief Bodeker's office and we told the whole

thing.

Well, I just let drop a hint or two at first. I told him that they

didn't have the murderer of Mary Phagan and that I knew who the

real murderer was. He told me that I ought to tell if I knew. Then I

went to tell him the whole thing just as I have told it here. After

he had kept telling me that I ought not to let an innocent man

hang. It just kind of got on my conscience. Finally, he went with

me Friday to Chief Bodeker's office and we told the whole thing.

Who did the most talking? inquired Chief Lanford.

Why, I guess Hicks did, said Fisher.

After the questioning of Fisher was over, Lanford said.

Search for Conspiracy.

We are going to get at the bottom of this. It may be that

Fisher has been paid money, but I am going to investigate the

possibility that it was someone else and not Shirley that paid it to

him. If there is any conspiracy against Shirley or in behalf of

anyone else, the detective department proposes to find it out if

possible. Fisher has absolutely no evidence that money was sent

him. He has no envelopes from Shirley. He says he tore them up.

He says the letters were not registered, and he says that all of the

money was sent in cash. Altogether it is the most ridiculous story

I ever listened to.

PAGE 3, COLUMNS 1,

3, & 5

POLICE HUNT FISHER'S

ACCOMPLICE'

Thirty Affidavits Against New

Frank Trial

PAGE 3, COLUMN 3

TWO

JURORS

DEFENDE

D

OF BIAS

Probity of Henslee

and Johen-

ning Upheld"

Influence of

Cheering on Jury

Denied

Some 30 affidavits to support the State's contention that Leo

M. Frank had a fair trial were made public Tuesday by Solicitor

Dorsey. They will be used Wednesday in the fight against the

defense's motion for a new trial before Judge L. S. Roan.

Some of the affidavits defend the probity and character of A.

H. Henslee and M. Johenning, jurors who were accused of bias;

some attack the trustworthiness of affiants for the defense, and

others assert that no influence could have been exerted on the

jury by the cheering and demonstrations on which the

defense is basing much of its theme of appeal.

Samuel Aaron, whose affidavit was quoted as attacking the

sincerity of Juror Henslee, was himself attacked by T. M. Webb,

whose impeachment was in the usual form, that he would not

believe Aaron on his oath, having known him many years.

Calls Neill Bad Character.

W. P. Neill, the defense's affiant, who stated he saw a

spectator talk one of the jurors and grab him by the hand, is

referred to in the affidavit of W. J. Clayton, of the Central Carriage

Company, as of bad character and one whom Clayton would not

believe under oath.

Plennie Miner, Deputy Sheriff, also refers to the affidavit of

Neill. He states, under oath, that one day in the courtroom he

thought he saw a spectator say something to a juror, without

rising, or touching him, or making any other gesture. He (Miner)

at once went to the spectator, in order to take him before the

judge, but the man denied having addressed any juror, and

another man, sitting next him, also assured Miner that his

companion had not spoken to any juror, so the deputy let the

incident close.

T. S. Hawes, of Bainbridge, Ga., impeached R. G. Gremmer,

stating that he had known the defense's affiant twenty years and

that he would not believe him under oath.

Time Element Enters.

In the interval of preparing the affidavits Mr. Dorsey stated

that he fancied those affiants who had sworn to hearing Henslee

say Barnesville some time in June that he had been drawn on

the jury would be puzzled on hearing that Henslee, as a matter of

fact, did not know himself that he was drawn on the jury until

Friday, June 25, at 5 o'clock in the afternoon; that he remained in

Atlanta Saturday and Sunday, and did not start for home until

Monday.

The Solicitor evidently had been calculating on the various

dates on which Henslee might have been charged with saying he

was on the Frank jury, but what deductions he had made would

have to appear later.

For the rest of the prosecution's affidavits, Henslee praised

Johenning as a juror without bias or prejudice: Johenning praised

Henslee is similar terms, and J. T. Ozburn, F. E. Winburn, W. F.

Medcalf, W. M. Jeffries, D. Townsend and A. L. Wisley, fellow

jurors, commended both Henslee and Johenning as high-minded

examples of justice and moderation.

Henslee Doubtful of Guilt.

It was the invariable testimony of his fellow jurors that

Henslee was the only juror to cast a doubtful ballot, indicating

that he was the most reluctant to make up his mind on what all

the rest of the jurors seemed to have agreed on.

There was much testimony in regard to the cheering and

demonstrations, attending to show that the

Continued on Page 4, Column 1.

PAGE 18, COLUMN 1

AFFIDAVITS

HIT

FRANK'S

PLEA

FOR

RETRIAL

Thirty Witnesses Swear

to Good

Character of Accused

Jurors

And Deny Influence on

Jury.

Continued From Page 1.

only cheering recognized as such was heard in open court, until

the last day of the trial, when a burst of applause followed the

reading of the verdict and was heard by the jurors as the poll was

being taken.

The jurors all professed to have been utterly ignorant of any

cheering except what was stated, and insisted that what they

heard could not have had any effect upon their decision since it

had been reached before the real cheering was heard.

Heard No demonstration.

As to the demonstrations in favor of Dorsey, there were a

dozen affidavits by jurors and deputies to say that the jury was at

such a distance, or in such a place, that only a confused and

indistinct noise was heard. One or two of the jurors fancied at the

time that there was a fight in progress somewhere.

C. F. Huber and A. F. Pennington, deputies having charge of

the Frank jury, contradicted the affidavit of Samson Kay for the

defense, and stated they heard no cheering or demonstration of

any kind the afternoon of Friday, August 22, or after the noon

hour Saturday, August 23.

Perhaps the most interesting reading in the pile was

Johenning's own account of the conversation related by Mrs.

Jennie G. Lovenhart and Miss Miriam Lovenhart, in the course of

which it was charged that he stated a belief in Frank's guilt.

Johenning asserts in his affidavit that he was talking of the

case with Mrs. Lovenhart and Miss Lovenhart, and they asked him

what he thought of it.

I replied that by the papers they have found him guilty

already, says Johenning, and added that I thought Frank would

have a hard time getting loose; that things didn't look very bright

for him.

Expressed No Opinion.

Johenning insists that he said no more than that, and that he

entertained no fixed opinion at that time, and did not arrive at a

fixed opinion until hearing the full evidence in court.

T. W. McGarity came to the support of Joehenning's

character, declaring it good, and asserting he would believe him

on oath. Similar affidavits, all warmly worded, were made by Dr.

W. C. Robinson, O. H. Puckett and R. N. Weaver.

Quite an array of complimentary affidavits came from

Barnesville to the support of A. H. Henslee. Among them were

those of W. H. Howard, J. C. Collier, T. W. Cochran, P. K. Gordy, J.

E. Howard and C. O. Summers, J. D. Lochridge, formerly of

Douglas, Ga. Professed to know the juror well and favorably.

An inkling of some plan of the Solicitor may be hidden in a

small affidavit made by Joe Murray, clerk at the New Albany Hotel,

Albany, Ga. He said that A. H. Henslee was a guest at that hotel

the night of June 2, and also registered there before the noon

meal September 18, 1913. Of course, if Henslee was not in Albany

between those dates he could not have made any statement

about his chance as a talesman.

Arnold and Dorsey Confer.

Reuben R. Arnold, of counsel for Frank, and Solicitor Dorsey

held a conference beginning at 2 o'clock Tuesday afternoon for

the purpose of coming to an agreement on the exact grounds

upon which the argument for a new trial will be based. It was

expected that if there were to be any conflict between the

opposing attorneys it would develop on this question.

Solicitor Dorsey is known to have taken issue with the

defense on a number of points as the affidavits made public

Tuesday indicate. He will strenuously resist any effort on the part

of Frank's lawyers to establish that there was sufficient disorder

or demonstrations in the courtroom at any time either unduly to

influence or intimidate the jurors. He already has answered this

charge by the affidavits denying that there was cheering in the

courtroom at times specified by the defense.

Judge Roan, before whom the argument will be heard

Wednesday, will be the final arbiter on the questions which

remain disputed by the attorneys. The hearing is scheduled to

begin at 9 o'clock in Judge Bell's court on the first floor of the old

City Hall Building, Pryor and Hunter streets. Both sides are

prepared to go ahead with the arguments and there appeared no

probability of further delay.

PAGE 3, COLUMN 6

MAN HIGHER UP IS

MENTIONED IN

SUSPECTED PLOT

AGAINST SHIRLEY

A search extending over two States was begun by the police

Tuesday in an effort to locate Joe Hicks, companion of Ira W.

Fisher. Hickk is the man who accompanied Fisher to the office of

Chief of Police Bodeker in Birmingham when Fisher made his

weird but quickly discredited accusation of the murder of Mary

Phagan against J. C. Shirley, of 809 Marietta street, Atlanta.

Chief of Detectives Lanford and Charles J. Graham, attorney

for Shirley, believe that they will have disclosed the deeply laid

plot against Shirley, if such a plot actually has existed, when they

have forced Hicks to talk and when they have grilled Fisher in a

sober condition. Threats were made yesterday that two prominent

Atlantans might be arrested if any basis were found for belief in

the plot theory. Later it was said that a searching investigation

was being made of the possibility that a man still higher up was

the moving spirit in a diabolical scheme to fasten the crime on an

innocent man.

Graham was undecided Tuesday as to whether Fisher's

sensational story was merely the vaporings of a disordered and

crazy intellect or the outcropping of a genuine conspiracy that

had gone wrong through the inability of Fisher to tell a convincing

story.

I think we all know all when we find this man Hicks, who

Fisher says was his constant companion Parksville, and later in

Birmingham, said Graham. Hicks, played a mysterious part in

the affair. Fisher himself admitted that Hicks did most of the

talking when they went to the office of Chief Bodeker. Hicks

appears to have told most of the story and Fisher merely

corroborated it.

There also is the possibility that Hicks suggested the story

to Fisher from day to day, and finally built up in Fisher's mind the

structure of the ridiculous tale he has told in Birmingham and

here in Atlanta, a story which was startling enough as a simple,

and direct accusation, but which broke down the instant the man

was forced to give any alleged details.

Blackmail Is Suggested.

We are working on several possibilities. One is that there

was a conspiracy against Shirley. If there was such a plot, it may

have been engineered alone by Fisher. Hicks may have been a

party to it. In this case, it was simple blackmail.

There also is the possibility that Fisher or Fisher and Ricks

were merely tools in a conspiracy and that the real conspirators

are men higher up. If this is the case, Atlanta will have a

sensation the like of which it has not experienced in years. On the

other hand, the whole story may be simply the ravings of a

drunken and besotted mind. Fisher's own relatives say that he

was an extraordinary liar when in his cups.

Ordinary conditions were reversed Tuesday. Shirly, the

accused, was walking the streets a free man. Fisher, the accuser,

was occupying a cell in the police station. A charge of criminal

libel has been preferred against him, but there is some question

as to whether this charge can be made to stand in view of the fact

that so far as is known Fisher made no written charges against

Shirley. Lawyers in general have expressed themselves as

believing that no charge beyond slander can be preferred against

him because all of his charges were verbal.

Fisher will be arraigned before Justice of the Peace Puckett,

probably Wednesday.

That the Fulton County Grand Jury will be asked to

investigate the origin of the accusations was the statement made

by Graham.

This action was decided upon following a lengthy conference

between Shirley, Graham and Chief of Detectives Lanford. Its

purpose will be to determine whether Fisher's story was the result

of a conspiracy against Shirley or simply the result of a drink-

crazed mind.

A rigid probe to the foundation of the story will be asked.

Persons named by Fisher as his associates since his departure

from Atlanta will be questioned, especially those with whom he

had dealings just prior to the time he appeared before Chief of

Police Bodeker in Birmingham and made his startling statements.

If the investigation shows that others had a hand in the

accusations against the furniture dealer, they will be prosecuted

together with Fisher

Continued on Page 4, Column 1.

PAGE 8, COLUMN 1

FISHER STICKS TO

STORY

UNDER FIERCE

GRILLING

OF LAWYER AND

POLICE

Continued From Page 1.

on a conspiracy charge. Many believe that this will prove the

fact.

Attorney Graham stated that he would have a conference

with Solicitor Dorsey later in the day and an early date for the

Grand Jury probe would be fixed.

Two Atlanta men and one Birmingham man are threatened

with arrest on charges of conspiracy. A searching investigation by

Chief Lanford and Attorney Graham will decide whether this move

will be taken. Graham said Tuesday that he would make a

decision as soon as reports had been made to him on certain

rumors that had come to his ears.

Shirley said that he either would put Fisher in the asylum or

in the penitentiary. He will bring his books to the police Tuesday

to show a complete alibi. Lanford has instituted an investigation

of the charges of conspiracy and you will make arrests at once

finds them substantiated. Two of the men named in the alleged

conspiracy have been identified with the Frank case. The other

one is known to have been with Fisher in Birmingham.

It was pointed out by Chief Lanford Tuesday that were

Fisher's story true in every particular, there is nothing in it to

connect Shirley with the murder of Mary Phagan. The name that

Fisher said Shirley mentioned as that of the girl he was to meet

was Hattie. Shirley asserts that he never even knew Mary Phagan

by sight.

Fisher Locked Up.

Fisher was put under arrest at the police station on the

charge of criminal libel, the complaint being sworn to by Russell

Shirley, a brother of J. C. Shirley. Short shrift was given him after

he had repeated his weird story Monday night in the presence of

the man he accuses.

The warrant had already been made out, and as soon as it

became apparent that Fisher, said by some to be an irresponsible

drunkard and dope fiend, was going to stick by his story, Chief of

Detectives Lanford gave the paper to Detective John W. Starnes

and Fisher was locked up.

Fisher underwent a searching examination that lasted more

than three hours. His detailed story first was taken by G. C.

Febuary, secretary to Chief Lanford. Little effort was made at this

time to cross-examine him, the purpose being to get his story

together as he originally had told it so that every feature might

later be investigated with a view of disproving or substantiating it.

Chief Lanford and Detectives Starnes and Coker then put

Fisher through a severe questioning and he then was taken out in

the police automobile to visit several of the places he said he had

been with Shirley on the day of the crime. While he was gone S

the request of Chief Lanford, came to the police station. Shirley

went into the chief's office. As soon as Fisher came back he was

bustled without any warning right into the room. Standing before

him was the man he accused.

Fisher was taken aback for an instant, but recovered himself

at once. He was placed in a chair near the chief and the

questioning was resumed. Chief Lanford, Charles J. Graham,

attorney for Shirley; Russell Shirley and the accused man himself

took turns in firing questions at the stolid figure in the chair. Aside

from a nervous movement of his hands, and a frequent stroking

of his face on which there was a four days' growth of beard, he

showed no sign that he was disturbed by the unusual position in

which he find himself.

Because of the positive statements contained in the first

announcement of Fisher's story and the terrible charge against

Shirley that was implied in its words, some possibility existed that

Shirley might be held at the police station until the story had been

investigated.

So many glaring improbabilities and conflicts, however, crept

into the man's narrative that Chief Lanford declared that he

couldn't think of holding Shirley on the strength of Fisher's story,

which he branded manifestly impossible.

The trip to No. 132 Bellwood avenue developed one of the

reasons for disbelief in Fisher's statement. Mrs. William Holloway

lives here. Fisher said that he went in a wagon with Shirley to this

house the morning of April 28 to deliver a dresser. When the

officers and Fisher drove up to the house Monday night, Mrs.

Holloway declared that Fisher and Shirley never had delivered

anything there, and that she had not bought a dresser for years.

This blow to his tale did not daunt Fisher in the least. He still stuck

to his assertion that they went there that morning and delivered

the furniture.

Another of his statements which gave tangible cause for

disbelief was that he had seen no crowd on the streets April 26,

which was Memorial Day, either while he was waiting at Marietta

and Forsyth streets from about 1 until 3 o'clock in the afternoon

or while he and Shirley, according to his story, were driving across

Peachtree street and down Decatur street and then to the Union

Station.

He said that he noticed no crowd on the streets at all other

than would naturally be on any Saturday afternoon. The progress

of his wagon never was stopped at any time he was driving from

one place to another. It is claimed that this alone brands his story

as ridiculous, as there were large crowds on the street.

Still another discrepancy which the police say is in his story

is that he first said that he met C. W. Burke, agent for Attorney

Luther Rosser, on Friday night in Birmingham. Before the

detectives he declared that the first time he saw Burke was last

Saturday night when Burke met him on the street and brought

him to Atlanta. Burke also is declared to have said that he met

Fisher first on Friday night.

Fisher was questioned very closely about who had talked to

him in Luther Rosser's office. He said that Rosser and Reuben

Arnold had not talked to him at all, but that Burke had done most

of the examination. They told me up there that I would have a

hard time down there if the detectives got hold of me, he naively

told Langford.

Fisher gave all of his replies in a calm, almost disinterested voice.

When he charged Shirley with going to the pencil factory to meet

Mary Phagan he jeered his thumb carelessly toward Shirley who

sat the other side of a table.

You did it; you know you did it, he said to Shirley.

You lie, you skunk; you know d"well you lie! retorted

Shirley, and he started from his chair in a menacing manner.

Detectives grabbed Shirley and averted a fight.

This dramatic scene was enacted when Shirley was brought

to headquarters to face his accuser. Quiet was restored and

Fisher was ordered to tell his story in the furniture man's

presence.

The Saturday of the murder Shirley and I drove down to

Broad and Marietta streets in his wagon. We had delivered a

bureau to a Mrs. Holloway on Bellwood avenue. We stopped near

the corner and Shirley said he wanted me to hold the horse while

he went to the pencil factory, where he had a date, he said, with

Hattie,' the pet name for Mary Phagan. Fisher paused and

Shirley was on his feet in an instant.

Called Liar and Bum.

You're a measly liar and I'll prove it, you drunken bum,

shouted Shirley, his eyes lighting up with a dangerous fire. Why

don't you tell the truth and quit lying? Shirley, half mad with

rage, was almost dragged into his chair by Charley Graham, his

attorney.

Fisher was told to continue.

I waited about an hour and a half for Shirley, started the

man again, his eyes roaming about the room, as though in search

for a place he could look where no eyes would catch his gaze. He

got back between 2:30 and 3 o'clock.

I've played hell in general, he said to me. Then he said I

had better get out of town.

Fisher again paused, and looking Shirley straight in the eyes

for the first time, said:

That's straight. Mr. Shirley, and if you'll tell the truth you'll

admit it.

Once more Shirley arose in a threatening attitude, but took

his seat again.

I didn't want to get out of town and told Shirley so, but he

threatened me and said I would have to get out. We drove to the

Union Depot and he purchased me a ticket for Ellijay. He gave me

$25. He went in the car with me and left me. If I hadn't have been

afraid of him I wouldn't have gone away. I stayed in Ellijay two

weeks then came back to Atlanta.

Tells of Threats.

I stayed here two weeks then went to Copper Hill, Tenn.,

because Shirley wanted me to and because he threatened me.

You know you threatened me Shirley"you know you did, and the

strange man shook his head in a dogged manner.

Shirley sent me some letters with money in them. Two he

sent contained $25 each. Another one contained $8.

I've told the truth and it'd all come out sooner or later,

declared Fisher with the air of a philosopher.

Efforts to shake the mans' story were without results. He

would answer most any question in an unconcerned way and

refused to be tangled up by the questions put to him by Graham,

the chief and by reporters.

You are telling a most wondrous tale, said Graham, but

you had better tell the truth before you get sent to jail for criminal

libel.

Denies Using Drugs.

I know what libel is retorted Fisher, and you can't send a

man to prison for telling the truth.

What Kind of dope do you use, morphine or cocaine?

someone shot at him.

None, said Fisher.

You look like you did, said one of the detectives.

That's because I need a drink"got one? he replied.

And undoubtedly, he did need one.

He had been given all the whisky he wanted while in the

hands of the attorneys, and was reluctant to leave such a nice

abode. His face needed a hour's work by a barber and a bath

would not have harmed him.

Chummy or Rummy?

Fisher said that while in Parksville he met a man by the

name of Joe Hicks, who was employed on the rail road with him

and that they became quite chummy.

You mean rummy,' don't you, Fisher? interposed Shirley's

brother.

Fisher went on to say that Hicks went to Birmingham with

him some weeks ago and that they had stayed together there.

Hicks, he said, was the first person he ever told the story of his

movements on the day of the murder of Mary Phagan. He never

even had told his wife.

You know that all she wants is to keep me in jail, don't

you? he asked, addressing the Shirley brothers.

Well, I just let drop a hint or two at first. I told him that they

didn't have the murderer of Mary Phagan and that I knew who the

real murderer was. He told me that I ought to tell if I knew. Then I

went on to tell him the whole thing just as I have told it here.

After he had kept telling me that I ought not to let an innocent

man hang, it just kind of got on my conscience. Finally, he went

with me Friday to Chief Bodeker's office and we told the whole

thing.

Well, I just let drop a hint or two at first. I told him that they

didn't have the murderer of Mary Phagan and that I knew who the

real murderer was. He told me that I ought to tell if I knew. Then I

went to tell him the whole thing just as I have told it here. After

he had kept telling me that I ought not to let an innocent man

hang. It just kind of got on my conscience. Finally, he went with

me Friday to Chief Bodeker's office and we told the whole thing.

Who did the most talking? inquired Chief Lanford.

Why, I guess Hicks did, said Fisher.

After the questioning of Fisher was over, Lanford said.

Search for Conspiracy.

We are going to get at the bottom of this. It may be that

Fisher has been paid money, but I am going to investigate the

possibility that it was someone else and not Shirley that paid it to

him. If there is any conspiracy against Shirley or in behalf of

anyone else, the detective department proposes to find it out if

possible. Fisher has absolutely no evidence that money was sent

him. He has no envelopes from Shirley. He says he tore them up.

He says the letters were not registered, and he says that all of the

money was sent in cash. Altogether it is the most ridiculous story

I ever listened to.

PAGE 4, COLUMNS 1

& 5

MAYOR TAKES PART OF STRIKING

MILL WORKERS

New Trial For Frank Opposed in Thirty

Affidavits

FISHER'S ACCOMPLICE'

SOUGHT

PAGE 4, COLUMN 5

TWO

JURORS

DEFENDE

D

OF BIAS

Probity of Henslee

and Johen-

ning Upheld"

Influence of

Cheering on Jury

Denied

Some 30 affidavits to support the State's contention that Leo

M. Frank had a fair trial were made public Tuesday by Solicitor

Dorsey. They will be used Wednesday in the fight against the

defense's motion for a new trial before Judge L. S. Roan.

Some of the affidavits defend the probity and character of A.

H. Henslee and M. Johenning, jurors who were accused of bias;

some attack the trustworthiness of affiants for the defense, and

others assert that no influence could have been exerted on the

jury by the cheering and demonstrations on which the

defense is basing much of its theme of appeal.

Samuel Aaron, whose affidavit was quoted as attacking the

sincerity of Juror Henslee, was himself attacked by T. M. Webb,

whose impeachment was in the usual form, that he would not

believe Aaron on his oath, having known him many years.

Calls Neill Bad Character.

W. P. Neill, the defense's affiant, who stated he saw a

spectator talk one of the jurors and grab him by the hand, is

referred to in the affidavit of W. J. Clayton, of the Central Carriage

Company, as of bad character and one whom Clayton would not

believe under oath.

Plennie Miner, Deputy Sheriff, also refers to the affidavit of

Neill. He states, under oath, that one day in the courtroom he

thought he saw a spectator say something to a juror, without

rising, or touching him, or making any other gesture. He (Miner)

at once went to the spectator, in order to take him before the

judge, but the man denied having addressed any juror, and

another man, sitting next him, also assured Miner that his

companion had not spoken to any juror, so the deputy let the

incident close.

T. S. Hawes, of Bainbridge, Ga., impeached R. G. Gremmer,

stating that he had known the defense's affiant twenty years and

that he would not believe him under oath.

Time Element Enters.

In the interval of preparing the affidavits Mr. Dorsey stated

that he fancied those affiants who had sworn to hearing Henslee

say Barnesville some time in June that he had been drawn on

the jury would be puzzled on hearing that Henslee, as a matter of

fact, did not know himself that he was drawn on the jury until

Friday, June 25, at 5 o'clock in the afternoon; that he remained in

Atlanta Saturday and Sunday, and did not start for home until

Monday.

The Solicitor evidently had been calculating on the various

dates on which Henslee might have been charged with saying he

was on the Frank jury, but what deductions he had made would

have to appear later.

For the rest of the prosecution's affidavits, Henslee praised

Johenning as a juror without bias or prejudice: Johenning praised

Henslee is similar terms, and J. T. Ozburn, F. E. Winburn, W. F.

Medcalf, W. M. Jeffries, D. Townsend and A. L. Wisley, fellow

jurors, commended both Henslee and Johenning as high-minded

examples of justice and moderation.

Henslee Doubtful of Guilt.

It was the invariable testimony of his fellow jurors that

Henslee was the only juror to cast a doubtful ballot, indicating

that he was the most reluctant to make up his mind on what all

the rest of the jurors seemed to have agreed on.

There was much testimony in regard to the cheering and

demonstrations, attending to show that the

Continued on Page 4, Column 1.

PAGE 18, COLUMN 1

AFFIDAVITS

HIT

FRANK'S

PLEA

FOR

RETRIAL

Thirty Witnesses Swear

to Good

Character of Accused

Jurors

And Deny Influence on

Jury.

Continued From Page 1.

only cheering recognized as such was heard in open court, until

the last day of the trial, when a burst of applause followed the

reading of the verdict and was heard by the jurors as the poll was

being taken.

The jurors all professed to have been utterly ignorant of any

cheering except what was stated, and insisted that what they

heard could not have had any effect upon their decision since it

had been reached before the real cheering was heard.

Heard No demonstration.

As to the demonstrations in favor of Dorsey, there were a

dozen affidavits by jurors and deputies to say that the jury was at

such a distance, or in such a place, that only a confused and

indistinct noise was heard. One or two of the jurors fancied at the

time that there was a fight in progress somewhere.

C. F. Huber and A. F. Pennington, deputies having charge of

the Frank jury, contradicted the affidavit of Samson Kay for the

defense, and stated they heard no cheering or demonstration of

any kind the afternoon of Friday, August 22, or after the noon

hour Saturday, August 23.

Perhaps the most interesting reading in the pile was

Johenning's own account of the conversation related by Mrs.

Jennie G. Lovenhart and Miss Miriam Lovenhart, in the course of

which it was charged that he stated a belief in Frank's guilt.

Johenning asserts in his affidavit that he was talking of the

case with Mrs. Lovenhart and Miss Lovenhart, and they asked him

what he thought of it.

I replied that by the papers they have found him guilty

already, says Johenning, and added that I thought Frank would

have a hard time getting loose; that things didn't look very bright

for him.

Expressed No Opinion.

Johenning insists that he said no more than that, and that he

entertained no fixed opinion at that time, and did not arrive at a

fixed opinion until hearing the full evidence in court.

T. W. McGarity came to the support of Joehenning's

character, declaring it good, and asserting he would believe him

on oath. Similar affidavits, all warmly worded, were made by Dr.

W. C. Robinson, O. H. Puckett and R. N. Weaver.

Quite an array of complimentary affidavits came from

Barnesville to the support of A. H. Henslee. Among them were

those of W. H. Howard, J. C. Collier, T. W. Cochran, P. K. Gordy, J.

E. Howard and C. O. Summers, J. D. Lochridge, formerly of

Douglas, Ga. Professed to know the juror well and favorably.

An inkling of some plan of the Solicitor may be hidden in a

small affidavit made by Joe Murray, clerk at the New Albany Hotel,

Albany, Ga. He said that A. H. Henslee was a guest at that hotel

the night of June 2, and also registered there before the noon

meal September 18, 1913. Of course, if Henslee was not in Albany

between those dates he could not have made any statement

about his chance as a talesman.

Arnold and Dorsey Confer.

Reuben R. Arnold, of counsel for Frank, and Solicitor Dorsey

held a conference beginning at 2 o'clock Tuesday afternoon for

the purpose of coming to an agreement on the exact grounds

upon which the argument for a new trial will be based. It was

expected that if there were to be any conflict between the

opposing attorneys it would develop on this question.

Solicitor Dorsey is known to have taken issue with the

defense on a number of points as the affidavits made public

Tuesday indicate. He will strenuously resist any effort on the part

of Frank's lawyers to establish that there was sufficient disorder

or demonstrations in the courtroom at any time either unduly to

influence or intimidate the jurors. He already has answered this

charge by the affidavits denying that there was cheering in the

courtroom at times specified by the defense.

Judge Roan, before whom the argument will be heard

Wednesday, will be the final arbiter on the questions which

remain disputed by the attorneys. The hearing is scheduled to

begin at 9 o'clock in Judge Bell's court on the first floor of the old

City Hall Building, Pryor and Hunter streets. Both sides are

prepared to go ahead with the arguments and there appeared no

probability of further delay.

PAGE 4, COLUMN 8

JOE

HICKS IS

NOW

BEING

SOUGHT

He Is the Man Who

Went With Fisher to

Chief of

Police.

A search extending over two States was begun by the police

Tuesday in an effort to locate Joe Hicks, companion of Ira W.

Fisher. Hickk is the man who accompanied Fisher to the office of

Chief of Police Bodeker in Birmingham when Fisher made his

weird but quickly discredited accusation of the murder of Mary

Phagan against J. C. Shirley, of 809 Marietta street, Atlanta.

Chief of Detectives Lanford and Charles J. Graham, attorney

for Shirley, believe that they will have disclosed the deeply laid

plot against Shirley, if such a plot actually has existed, when they

have forced Hicks to talk and when they have grilled Fisher in a

sober condition. Threats were made yesterday that two prominent

Atlantans might be arrested if any basis were found for belief in

the plot theory. Later it was said that a searching investigation

was being made of the possibility that a man still higher up was

the moving spirit in a diabolical scheme to fasten the crime on an

innocent man.

Graham was undecided Tuesday as to whether Fisher's

sensational story was merely the vaporings of a disordered and

crazy intellect or the outcropping of a genuine conspiracy that

had gone wrong through the inability of Fisher to tell a convincing

story.

I think we all know all when we find this man Hicks, who

Fisher says was his constant companion Parksville, and later in

Birmingham, said Graham. Hicks, played a mysterious part in

the affair. Fisher himself admitted that Hicks did most of the

talking when they went to the office of Chief Bodeker. Hicks

appears to have told most of the story and Fisher merely

corroborated it.

There also is the possibility that Hicks suggested the story

to Fisher from day to day, and finally built up in Fisher's mind the

structure of the ridiculous tale he has told in Birmingham and

here in Atlanta, a story which was startling enough as a simple,

and direct accusation, but which broke down the instant the man

was forced to give any alleged details.

Blackmail Is Suggested.

We are working on several possibilities. One is that there

was a conspiracy against Shirley. If there was such a plot, it may

have been engineered alone by Fisher. Hicks may have been a

party to it. In this case, it was simple blackmail.

There also is the possibility that Fisher or Fisher and Ricks

were merely tools in a conspiracy and that the real conspirators

are men higher up. If this is the case, Atlanta will have a

sensation the like of which it has not experienced in years. On the

other hand, the whole story may be simply the ravings of a

drunken and besotted mind. Fisher's own relatives say that he

was an extraordinary liar when in his cups.

Ordinary conditions were reversed Tuesday. Shirly, the

accused, was walking the streets a free man. Fisher, the accuser,

was occupying a cell in the police station. A charge of criminal

libel has been preferred against him, but there is some question

as to whether this charge can be made to stand in view of the fact

that so far as is known Fisher made no written charges against

Shirley. Lawyers in general have expressed themselves as

believing that no charge beyond slander can be pre-

PAGE 10, COLUMN 1

FISHER STICKS TO

STORY

UNDER FIERCE

GRILLING

OF LAWYER AND

POLICE

Continued From Page 1.

ferred against him because all of his charges were verbal.

Fisher will be arraigned before Justice of the Peace Puckett,

probably Wednesday.

That the Fulton County Grand Jury will be asked to

investigate the origin of the accusations was the statement made

by Graham.

This action was decided upon following a lengthy conference

between Shirley, Graham and Chief of Detectives Lanford. Its

purpose will be to determine whether Fisher's story was the result

of a conspiracy against Shirley or simply the result of a drink-

crazed mind.

A rigid probe to the foundation of the story will be asked.

Persons named by Fisher as his associates since his departure

from Atlanta will be questioned, especially those with whom he

had dealings just prior to the time he appeared before Chief of

Police Bodeker in Birmingham and made his startling statements.

If the investigation shows that others had a hand in the

accusations against the furniture dealer, they will be prosecuted

together with Fisher on a conspiracy charge. Many believe that

this will prove the fact.

Attorney Graham stated that he would have a conference

with Solicitor Dorsey later in the day and an early date for the

Grand Jury probe would be fixed.

Two Atlanta men and one Birmingham man are threatened

with arrest on charges of conspiracy. A searching investigation by

Chief Lanford and Attorney Graham will decide whether this move

will be taken. Graham said Tuesday that he would make a

decision as soon as reports had been made to him on certain

rumors that had come to his ears.

Shirley said that he either would put Fisher in the asylum or

in the penitentiary. He will bring his books to the police Tuesday

to show a complete alibi. Lanford has instituted an investigation

of the charges of conspiracy and you will make arrests at once

finds them substantiated. Two of the men named in the alleged

conspiracy have been identified with the Frank case. The other

one is known to have been with Fisher in Birmingham.

It was pointed out by Chief Lanford Tuesday that were

Fisher's story true in every particular, there is nothing in it to

connect Shirley with the murder of Mary Phagan. The name that

Fisher said Shirley mentioned as that of the girl he was to meet

was Hattie. Shirley asserts that he never even knew Mary Phagan

by sight.

Fisher Locked Up.

Fisher was put under arrest at the police station on the

charge of criminal libel, the complaint being sworn to by Russell

Shirley, a brother of J. C. Shirley. Short shrift was given him after

he had repeated his weird story Monday night in the presence of

the man he accuses.

The warrant had already been made out, and as soon as it

became apparent that Fisher, said by some to be an irresponsible

drunkard and dope fiend, was going to stick by his story, Chief of

Detectives Lanford gave the paper to Detective John W. Starnes

and Fisher was locked up.

Fisher underwent a searching examination that lasted more

than three hours. His detailed story first was taken by G. C.

Febuary, secretary to Chief Lanford. Little effort was made at this

time to cross-examine him, the purpose being to get his story

together as he originally had told it so that every feature might

later be investigated with a view of disproving or substantiating it.

Chief Lanford and Detectives Starnes and Coker then put

Fisher through a severe questioning and he then was taken out in

the police automobile to visit several of the places he said he had

been with Shirley on the day of the crime. While he was gone S

the request of Chief Lanford, came to the police station. Shirley

went into the chief's office. As soon as Fisher came back he was

bustled without any warning right into the room. Standing before

him was the man he accused.

Fisher was taken aback for an instant, but recovered himself

at once. He was placed in a chair near the chief and the

questioning was resumed. Chief Lanford, Charles J. Graham,

attorney for Shirley; Russell Shirley and the accused man himself

took turns in firing questions at the stolid figure in the chair. Aside

from a nervous movement of his hands, and a frequent stroking

of his face on which there was a four days' growth of beard, he

showed no sign that he was disturbed by the unusual position in

which he find himself.

Because of the positive statements contained in the first

announcement of Fisher's story and the terrible charge against

Shirley that was implied in its words, some possibility existed that

Shirley might be held at the police station until the story had been

investigated.

So many glaring improbabilities and conflicts, however, crept

into the man's narrative that Chief Lanford declared that he

couldn't think of holding Shirley on the strength of Fisher's story,

which he branded manifestly impossible.

The trip to No. 132 Bellwood avenue developed one of the

reasons for disbelief in Fisher's statement. Mrs. William Holloway

lives here. Fisher said that he went in a wagon with Shirley to this

house the morning of April 28 to deliver a dresser. When the

officers and Fisher drove up to the house Monday night, Mrs.

Holloway declared that Fisher and Shirley never had delivered

anything there, and that she had not bought a dresser for years.

This blow to his tale did not daunt Fisher in the least. He still stuck

to his assertion that they went there that morning and delivered

the furniture.

Another of his statements which gave tangible cause for

disbelief was that he had seen no crowd on the streets April 26,

which was Memorial Day, either while he was waiting at Marietta

and Forsyth streets from about 1 until 3 o'clock in the afternoon

or while he and Shirley, according to his story, were driving across

Peachtree street and down Decatur street and then to the Union

Station.

He said that he noticed no crowd on the streets at all other

than would naturally be on any Saturday afternoon. The progress

of his wagon never was stopped at any time he was driving from

one place to another. It is claimed that this alone brands his story

as ridiculous, as there were large crowds on the street.

Still another discrepancy which the police say is in his story

is that he first said that he met C. W. Burke, agent for Attorney

Luther Rosser, on Friday night in Birmingham. Before the

detectives he declared that the first time he saw Burke was last

Saturday night when Burke met him on the street and brought

him to Atlanta. Burke also is declared to have said that he met

Fisher first on Friday night.

Fisher was questioned very closely about who had talked to

him in Luther Rosser's office. He said that Rosser and Reuben

Arnold had not talked to him at all, but that Burke had done most

of the examination. They told me up there that I would have a

hard time down there if the detectives got hold of me, he naively

told Langford.

Fisher gave all of his replies in a calm, almost disinterested voice.

When he charged Shirley with going to the pencil factory to meet

Mary Phagan he jeered his thumb carelessly toward Shirley who

sat the other side of a table.

You did it; you know you did it, he said to Shirley.

You lie, you skunk; you know d"well you lie! retorted

Shirley, and he started from his chair in a menacing manner.

Detectives grabbed Shirley and averted a fight.

This dramatic scene was enacted when Shirley was brought

to headquarters to face his accuser. Quiet was restored and

Fisher was ordered to tell his story in the furniture man's

presence.

The Saturday of the murder Shirley and I drove down to

Broad and Marietta streets in his wagon. We had delivered a

bureau to a Mrs. Holloway on Bellwood avenue. We stopped near

the corner and Shirley said he wanted me to hold the horse while

he went to the pencil factory, where he had a date, he said, with

Hattie,' the pet name for Mary Phagan. Fisher paused and

Shirley was on his feet in an instant.

Called Liar and Bum.

You're a measly liar and I'll prove it, you drunken bum,

shouted Shirley, his eyes lighting up with a dangerous fire. Why

don't you tell the truth and quit lying? Shirley, half mad with

rage, was almost dragged into his chair by Charley Graham, his

attorney.

Fisher was told to continue.

I waited about an hour and a half for Shirley, started the

man again, his eyes roaming about the room, as though in search

for a place he could look where no eyes would catch his gaze. He

got back between 2:30 and 3 o'clock.

I've played hell in general, he said to me. Then he said I

had better get out of town.

Fisher again paused, and looking Shirley straight in the eyes

for the first time, said:

That's straight. Mr. Shirley, and if you'll tell the truth you'll

admit it.

Once more Shirley arose in a threatening attitude, but took

his seat again.

I didn't want to get out of town and told Shirley so, but he

threatened me and said I would have to get out. We drove to the

Union Depot and he purchased me a ticket for Ellijay. He gave me

$25. He went in the car with me and left me. If I hadn't have been

afraid of him I wouldn't have gone away. I stayed in Ellijay two

weeks then came back to Atlanta.

Tells of Threats.

I stayed here two weeks then went to Copper Hill, Tenn.,

because Shirley wanted me to and because he threatened me.

You know you threatened me Shirley"you know you did, and the

strange man shook his head in a dogged manner.

Shirley sent me some letters with money in them. Two he

sent contained $25 each. Another one contained $8.

I've told the truth and it'd all come out sooner or later,

declared Fisher with the air of a philosopher.

Efforts to shake the mans' story were without results. He

would answer most any question in an unconcerned way and

refused to be tangled up by the questions put to him by Graham,

the chief and by reporters.

You are telling a most wondrous tale, said Graham, but

you had better tell the truth before you get sent to jail for criminal

libel.

Denies Using Drugs.

I know what libel is retorted Fisher, and you can't send a

man to prison for telling the truth.

What Kind of dope do you use, morphine or cocaine?

someone shot at him.

None, said Fisher.

You look like you did, said one of the detectives.

That's because I need a drink"got one? he replied.

And undoubtedly, he did need one.

He had been given all the whisky he wanted while in the

hands of the attorneys, and was reluctant to leave such a nice

abode. His face needed a hour's work by a barber and a bath

would not have harmed him.

Chummy or Rummy?

Fisher said that while in Parksville he met a man by the

name of Joe Hicks, who was employed on the rail road with him

and that they became quite chummy.

You mean rummy,' don't you, Fisher? interposed Shirley's

brother.

Fisher went on to say that Hicks went to Birmingham with

him some weeks ago and that they had stayed together there.

Hicks, he said, was the first person he ever told the story of his

movements on the day of the murder of Mary Phagan. He never

even had told his wife.

You know that all she wants is to keep me in jail, don't

you? he asked, addressing the Shirley brothers.

Well, I just let drop a hint or two at first. I told him that they

didn't have the murderer of Mary Phagan and that I knew who the

real murderer was. He told me that I ought to tell if I knew. Then I

went on to tell him the whole thing just as I have told it here.

After he had kept telling me that I ought not to let an innocent

man hang, it just kind of got on my conscience. Finally, he went

with me Friday to Chief Bodeker's office and we told the whole

thing.

Well, I just let drop a hint or two at first. I told him that they

didn't have the murderer of Mary Phagan and that I knew who the

real murderer was. He told me that I ought to tell if I knew. Then I

went to tell him the whole thing just as I have told it here. After

he had kept telling me that I ought not to let an innocent man

hang. It just kind of got on my conscience. Finally, he went with

me Friday to Chief Bodeker's office and we told the whole thing.

Who did the most talking? inquired Chief Lanford.

Why, I guess Hicks did, said Fisher.

After the questioning of Fisher was over, Lanford said.

Search for Conspiracy.

We are going to get at the bottom of this. It may be that

Fisher has been paid money, but I am going to investigate the

possibility that it was someone else and not Shirley that paid it to

him. If there is any conspiracy against Shirley or in behalf of

anyone else, the detective department proposes to find it out if

possible. Fisher has absolutely no evidence that money was sent

him. He has no envelopes from Shirley. He says he tore them up.

He says the letters were not registered, and he says that all of the

money was sent in cash. Altogether it is the most ridiculous story

I ever listened to.

PAGE 5, COLUMNS 1 &

7

POLICE GET FISHER,

FRANK WITNESS

PAGE 5, COLUMN 7

MERCHANT VOWS

TO

PROSECUTE

FISHER

TO LAW'S FULL

LIMIT

Ira W. Fisher, whose story attempted to involve J. C. Shirley,

a respected Marietta street merchant, in the Phagan case, was

turned over to the police authorities late Monday afternoon.

Attorney Rosser notified Chief of Detectives Lanford that he was

ready to give the witness up. Detective Eugene Coker was

dispatched to the attorney's office immediately. Fisher was taken

to the police station and will be subjected to a rigid cross-

examination Monday night.

Fisher reiterated before a crowd of newspaper men and

detectives his startling story.

Despite Shirley's denial of every accusation made by Fisher,

the man persisted in his accusations. He went into detail, going

even so far as naming the amounts of money which he said

Shirley had sent him at various times and giving the towns which

he visited. However, he had no documents to support him and

none who heard the story believed.

That he will prosecute Ira W. Fisher, who names him as the

principal in his sensational story of the Phagan murder, to the

fullest extent the law allows, was the declaration made to a

Georgian reporter late Monday afternoon by J. C. Shirley, the well-

known and respected Marietta street merchant. He was retained

C. J. Graham, a lawyer who has already figured in the Frank case,

to represent him.

The whole story is a joke, said Mr. Shirley. But I will

investigate the law and determine how I may prosecute this man

for this abominable fairy tale.

J. C. Shirley said he did not even know where the National

Pencil Factory was until he read of the Phagan case in the

newspapers. He declared that he knew none of the girls employed

there, except that he had heard that two girls who lived across

the street were employed at the plant.

Fisher, in Luther Rosser's office, stuck to his story, but very

little credence was attached to it by anybody.

Fisher, according to report, declared that Shirley had met

him on the street on the afternoon of the murder and had

declared that he had met Mary Phagan and played hell.

When informed of this statement, the furniture man laughed.

Why the man is crazy he said.

Identification of the accused man was made public Monday

afternoon. It came from Birmingham, where Fisher first made his

sensational statements. The man is well known in business circles

of Atlanta. He declared that he was not aware that he was the one

referred to until he was approached Monday.

Mr. Shirley could not ascribe any reason for Fisher having

brought the charge of murder against him unless he was

demented.

Why, I don't recall having talked with Fisher since he left his

Marietta street home, said Mr. Shirley. The only time I saw

much of him was when he loafed around the store. I don't recall

having ever discussed the Phagan case with him.

Mr. Shirley denied having ever delivered furniture at the

home of J. W. Coleman, stepfather oof Mary Phagan, with Fisher.

Charged by his wife with being a raving drunkard; wanted by

the police, who give him a long court record, believed by

Probation Officer Coogler to be demented as a result of

accusations of murder made against himself, I .W Fisher, the

accuser of a prominent Atlanta man in the Phagan case, was

confronted Monday by a general disposition to ridicule his story

and the threatened collapse of a sensation.

Kept a prisoner in the office of Luther Z. Rosser, while the

police waited to arrest him, Fisher continued to be inaccessible to

newspaper men, but various investigations of his record bared

facts that threw a dark cloud on his reliability.

Detectives continued their vigil on the ground floor of the

Grant Building ready to arrest Fisher as soon as he made his

appearance. In the meanwhile the Frank lawyers kept on

investigating his story and seemed determined to hold their man

a strict prisoner until they were entirely through with him.

I am not acting sponsor for Fisher or for Fisher's story,

declared Mr. Rosser, at his office Monday. We want to keep the

man for a few hours longer, and then if the police would like to

have him they are welcome to him.

Do you believe Fisher's story? questioned a Georgian

reporter.

I have said my say, exclaimed the attorney.

Can I talk to Fisher? the reporter asked.

You can"when I get through with him, said Rosser, and he

strode away in the direction of his office doer.

A police officer stated positively Monday noon that the Frank

attorneys prisoner would be arrested and taken to headquarters

as soon as he was taken from Rosser's office.

None of the officers has had a look at Fisher, and it is

doubtful whether or not they will get him if he should try to walk

out of the Grand building. Since he was taken to the office of

Rosser yesterday morning he has been given a shave and an

overcoat. A pint of whisky was also seen to have been taken into

Fisher's cell.

The arrival of Chief of Police Beavers in Rosser's office

Monday noon created quite a bit of excitement. Chief Beavers

however, went into the private office of Rosser where the

arguments in the Whitehall street injunction were being heard.

Mr. Coogler's opinion was contingent on the identity of an I.

W. Fish-

PAGE 11, COLUMN 1

FISHER IS

DERANGED BY

AN OLD MURDER

CHARGE,

THINKS OFFICER

COOGLER

Continued From Page 1.

er Coogler has had before him many times and that of the Fisher

who has been virtually a prisoner in the Grant Building being the

same.

Coogler said Monday that Fisher was tried several years ago

for the murder of his wife's brother. He was acquitted, but it is

known that a suspicion that he was guilty still rested in the mind

of his wife, and that she frequently had charged him with the

crime. These accusations are believed by Coogler to have

unsettled Fisher's mind, a condition which perhaps has been

augmented by the use of drugs.

The Fisher Coogler has had before him lived at No. 797

Marietta street. An investigation of his record has disclosed that

the man was placed on probation November 24 of last year

charged with being drunk and disorderly and abusing his wife. He

obtained employment and contributed to the support of his wife

and children through the probation officer.

Fisher was before Coogler again on Christmas, and this time

he was given employment with the Christian Helpers' League. He

could not say good and February 21 he was arrested again,

charged with striking and otherwise mistreating his wife. He was

bound over to the State Court under bond of $200. He obtained

his release only to offend in the same respect again. A peace

warrant was issued, and he stayed in jail two days last May, and

soon afterward he disappeared from the city.

Coogler received a letter from him last May, postmarked in

Parksville, Tenn. He asked that his trunk be sent him. That was

the last Coogler heard of him until Fisher's sensational story

appeared in the Sunday papers.

Here is Fisher's probation record:

He was arrested and put on probation November 24, 1912.

The charge was abusing and mistreating his wife while drinking,

December 24, he violated his parole, drinking and again being

arrested. He promised better behavior, and was continued on

probation, staying at the Christian Helpers' League on Decatur

street.

February 22, 1913, Fisher yielded once more. Intoxicated, he

went to his wife's home and beat her. He was arrested and bound

over in police court under a $200 bond, which he furnished.

May 15 his wife applied for a peace warrant, under which

Fisher was arrested and detained two days, finally giving bond.

Then he disappeared May 28 Coogler received a letter from Fisher

postmarked Parkville, Tenn., requesting his truck, which he had

left in the Christian Helpers' League.

That closed that part of the official record of Fisher in

Atlanta.

Mind Broken by Drink.

Grave discredit was cast on Fisher's story by Mrs. Annie

Fisher, his wife, of No. 734 Marietta street, who asserted firmly

that she believed the tale of a business man's confession of the

crime was the fabrication of a mind broken down by drink,

perhaps by drugs.

My husband is a confirmed drunkard, Mrs. Fisher

regretfully admitted. He is at times without any responsibility for

his words or actions. He was once tried on a lunacy writ taken out

by his brother, a business man of Rome, Ga. They declared him

sane at the time, but put him on probation. I have an idea he uses

morphine. He left me August 12.

Both Stallings and his wife declare Fisher is utterly

irresponsible. His sister said she would not believe any statement

he might make, while her husband recounted some strange

stories he said Fisher had told him at different times.

He told them with no straight a face that I almost believed

him, Stallings said, but afterward I always found them to be

untrue.

Believed Frank Innocent.

As to Fisher's knowledge of the Phagan case, Mrs. Fisher said

that only once did her husband say anything that might have

been taken as evidence that he knew something. One night while

reading the newspaper accounts of the arrest Fisher said:

They haven't got the guilty man. Frank didn't murder Mary

Phagan.

Mrs. Fisher also denied that her husband had left Atlanta

immediately after the murder of the little girl, as he said.

He lived with here until August 12, she stated, and then

he went away because I had filed a petition asking divorce and

alimony. He went away to keep the papers from being served.

Mrs. Fisher was very candid and unreserved in talking the

affairs of her husband and herself.

They were married, she said, in Dalton, Ga., thirteen years

ago, and lived there until they moved to Atlanta three years ago.

Maniac When Drinking.

My husband has long been a drinking man, Mrs. Fisher

said. When sober I believe he was perfectly rational, but when

drinking"I don't know just how to express it. He was nearly a

maniac. More than once he threatened to shoot me. I had to have

him arrested less than a year ago because he was threatening my

life.

I was going to sue him for divorce then, but Officer Clarke, a

friend of his, took his part and begged me not to. I consented, and

he was put on probation. Officer Coogler, I believe it was, kept

him on the probation list four months. But it was no use at all.

Since Fisher went away to avoid the service of the divorce

papers, his wife has been taking boarders and sewing to support

herself and their two children. Fisher wrote to her from Parkville,

Tenn., she said, and again from a suburb of Birmingham. He

wanted to return and live with her, Mrs. Fisher said, but she did

not answer the letters.

Then Mrs. Fisher told of a happening the morning after the

murder was committed.

It was Sunday, she said, and just after breakfast we went

to a drug store about a block away. On our way back we met a

man I didn't know. He stopped my husband and said: Fisher, I've

got something to tell you.'

Went to Factory.

Mr. Fisher stopped and talked with him and I went on home.

Later, he came home and told me the man told him a girl had

been killed at the pencil factory. He seemed to be quite curious

about the crime. He and I went and we took our little girl, Evelyn,

and Miss Lille Embree, a young woman who was boarding with

us.

We couldn't go all over the factory, but I didn't think my

husband seemed at all nervous or acted unusual. He did read a

lot about the case. I noticed that. And some time after that I

missed my diary that I kept to set down almost everything I did. I

don't know that he took it, however.

Reporters, who had trailed Fisher from Birmingham, from

where he was brought to Atlanta by C. W. Burke, an agent for

Attorney Rosser, were on constant duty ready to resume the

chase in the event that any new move was made by Frank's

lawyers or there appeared an endeavor to hide him away. The

vigilance of an entire day and a night resulted in only the

sensational statement of the quasi-prisoner which was forecast

very closely by The Sunday American. This statement was given

out late in the afternoon by Attorney Rosser. Rosser would not

reveal the name of the prominent man charged. He said that his

identity must remain a mystery for a time at least. The only clew

he furnished was that the man was fairly prominent.

I do not want to use the name of the man, said Rosser,

and thus possibly to do him an injustice. I will tell everything in

the world except the name of the man.

The man who has just told his story to us is I. W. Fisher. He

once lived here and left e about the time of the murder of Mary

Phagan, and since then has lived in North Georgia, Tennessee and

Birmingham. He now lives in Birmingham.

Without our knowledge or instigation, he went to the Chief

of Police in Birmingham, George H. Bodeker, and asserted that

Frank was innocent, and that he had known of his innocence all

the time, but that he didn't think Frank would be convicted, and

therefore had kept his silence about the real murderer.

He said that he met the man who committed the crime on

Saturday, April 26, and that this man told him he was going to

meet Mary Phagan in the pencil factory at noon. Fisher said that

when the man came factory he said: I raised h"l in there and

you have got to get out of town.'

Since that time Fisher says that this man, who is well to do

and established in business here, has been paying his expenses

wherever he went.

Whether Fisher's story is true or false we do not know. We

are not giving it out as fact, but merely as one of the numerous

stories which have come to our ears during the investigation of

the crime. We would have said nothing about it if the newspapers

had not come out yesterday telling of Fisher's walking into the

office of the Chief of Police in Birmingham. We do not take any

stock in it one way or another as yet. But we are going to

investigate it thoroughly and find whether or not if it is true.

Police Told Name.

We have told the detectives something when we have not

told the public. We have told them the name of the man Fisher

accuses, and have incited them to work with us on our

investigation. There is such a man as the one Fisher names, and

he is well known. Fisher is a married man, and has several

children. They are in Atlanta.

Solicitor Dorsey, Frank A. Hooper, who assisted the Solicitor

in the Frank trial, and members of the detective department

appeared not at all impressed by Fisher's story Monday. I think

he's telling a lie, pure and simple, said Mr. Hooper when he was

asked his opinion.

Chief Lanford laughed at the story and said it was his belief

that Fisher was out in town at the time of the Phagan murder.

Fisher is the same man, he thinks, that testified some ago against

Griff Freeman, who was arrested on a blind tiger charge, and then

disappeared from town after Freeman was bound over Fisher was

not on hand to testify in the State trial.

Mrs. Fischer acted as a sleuth and obtained much of the

evidence that resulted in the prosecution of Freeman. She

testified at the trial that Fisher pawned her shoes and sold their

chickens to get liquor from Freeman. Fisher admitted that he had

bought liquor many times from the defendant.

PAGE 6, COLUMN 1

Shirley Declares

Books

Will Furnish

Him Alibi

I can account for every minute of my time on the day of the

murder of Mary Phagan, said J. C. Shirley, better known to his

friends as Charley, Shirley was in his furniture store at No. 809

Marietta street and a crowd of his friends had gathered around

him.

I can not say offhand just what I did on that day, but my

books will show my whereabouts.

I have not taken the time to look this up yet, as I attach

such little importance to the statement and accusations of that

drunken bum Fisher.

I first knew Fisher in 1911, when he moved next door to my

shop here. He came over here and I sold him, on time, a large

quantity of furniture. He fooled around about the bill, did little

work and much drinking, and finally in 1912 I went over and told

him I would have to bring the furniture back to my place.

His wife came to me and said that if I would change the

account to her, she would pay the bill. She said that if she paid it

and left the furniture in her husband's name he would steal it and

sell it to buy whisky.

Wife Got Furniture.

Shirley's friends nodded their approval.

I changed the account for her and she paid the bill and a

short time later, after her husband had left town, she moved

farther down the street. I didn't see Shirley for some time, then

one day he came and borrowed a dollar from me. Then it was a

long time before he came around. Previous to his borrowing the

dollar, he used to hang around the store.

The crowd around the popular furniture dealer knew all

about Fisher and many admitted that he had stung them for small

amounts.

Along in August of this year, a long time after Mary Phagan

was murdered, I saw Fisher and he paid the dollar. He was

wearing good clothes and had money and he apologized and told

me that he wanted to pay all his debts, to re-establish his good

standing.

Calls Fisher Drunken Tramp.

I never knew where the pencil factory was until I read

accounts of the murder in the papers and saw pictures of the

building. Then one day while down town I passed by and a crowd

of people were out in front and I stopped, and learned that the

building was the factory where Mary Phagan had been murdered.

Until after the murder I didn't know a soul at the factory

and then I learned that two girls who live across thee street here

worked there.

Fisher is a liar and a drunken tramp and nobody will believe

anything he says. I will see that he goes to jail for what he has

done if there is any way I can manage to send him there.

Shirley's

Friends

Threaten

Violence.

Threats of violence against Ira Fisher were made in the

neighborhood where Fisher formerly lived and where Charley

Shirley is liked by everyone. Should Fisher fall into the hands of

these residents, there is liable to be a manhandling part in the

700 and 800 block of Marietta street.

That Fisher has a regulation for a being a drunkard and tale

bearer is shown in the statements made to The Georgian Monday

night by wrathy residents.

W. H. Hooten, who owns a dry goods store at No. 807

Marietta street, said:

I wouldn't believe I. W. Fisher if he swore to anything while

on a stack of Bibles. He is the lowest, meanest man that ever

lived. One day last summer he tried to sell me some chickens

which he had in a sack. I asked him where he got them and he

said he stole them from his wife so he could sell them and go up

on North street for some liquor.

I know of another time when Fisher stole his wife's shoes so

that he could buy drink with the money he got by selling them.

Fisher is the man who the papers wrote up last spring in

connection with the mouse-colored mule,' when he claimed two

men asked him to ride in their wagon. Fisher said the men robbed

him of his pay. Later he said that he just claimed he was robbed

so he wouldn't have to give his money to his wife.

B. F. Shirley, brother of Charley Shirley and partner in the

business, speaking of Fisher, said:

He was the sorriest man I ever knew in my life. I wouldn't

trust or believe him. He would do anything for a dollar. Fisher is

the man who turned up Griff Freeman for selling liquor, and then

left town before the trial. This was about a year ago.

D.R. Dunbar, 800 Marietta, said:

I wouldn't believe that drunken tramp on oath. He has

done' every body in this neighborhood, but you can believe that

he won't show his face around here again as long as he lives.

Dr. W. D. Vincent, 57 Ponders avenue, and Samuel Deavers,

59 Hayden avenue, expressed, the same opinion.

Half a dozen others backed up the statements of their

friends, but didn't want their names in the papers.

The telephones in Shirley's store rang all afternoon and up

until late evening. Friends wanted to express themselves on their

opinion of Fisher, and to ask Shirley if he needed any help.

PAGE 7, COLUMN 3

FLASHLIGHT AT POLICE

STATION

PRINCIPALS IN NEW FRANK

MYSTERY

J. C. Shirley,

The merchant

named by

Fisher as

Mary Phagan's

slayer.

On the left

I. W. Fisher,

the mystery

witness, is

seen facing

Chief of

Detectives

Lanford.

PAGE 7, COLUMN 3

Shirley's Books

Give Alibi;

Accounts Hit

Fisher's Story

J. C. Shirley declared to Chief of Detectives Lanford at the

police station Tuesday morning, when he called there with his

lawyer, Charles J. Graham, that he could easily account for his

movements on the day Mary Phagan was murdered and that this

would establish a complete alibi.

Shirley's statement to the chief was verbal, the latter

informing him that an affidavit was wholly unnecessary, as there

was no charge against him. For this same reason the merchant

was not required to go into details.

Shirley explained that he has all of his books and records in

use in his store on April 26, the day of the murder, and that these

showed that no delivery of furniture was made at any place on

Bellwood avenue on that date. This refutes the statement of Ira

W. Fisher, the mysterious accuser, that he aided Shirley that

day in delivering a dresser at the Holloway home, No. 132

Bellwood avenue, and that it was there that the merchant told

him of his engagement of that afternoon with Hattie.

I never went out in my wagon that day at all, Shirley told

the chief. I remember very well that it was an unusually busy day

with us in the store, and I was kept there practically the whole of

the day. I remember distinctly that both of my hired boys one

white and the other a negro, got mad at me because I wouldn't

let them off at 12 o'clock. It being Memorial Day they wanted to

go downtown to see the parade.

Went to Terminal Station.

The negro boy, as I recollect it, drove the calico' mule and

the wagon all day. This is the mule referred to by Fisher in his

story about my driving it to Bellwood avenue and later down

town. Only once did I leave the store for any considerable time.

Shortly after 1 o'clock, in, the afternoon I went to the Terminal

Station to meet a man, who was going away on the train and who

promised to pay me a bill if I would see him there. I was back in

the store about 2 o'clock. I stayed there then until 8 or 9 o'clock

at night, when we closed the store.

Shirley said he was prepared to go more fully into detail in a

sworn statement as to his movements should it become

necessary.

I don't think that it will ever become necessary, however,

for that fellow Fisher is the greatest scoundrel unhung, or else is a

dangerous lunatic, remarked the merchant with a smile.

It's just a question of whether he ought to be in the

penitentiary or the madhouse.

Explaining his acquaintanceship with Fisher, he added:

I first knew Fisher in 1911, when he moved next door to my

shop here. He came over here and I sold him, on time, a large

quantity of furniture. He fooled around about the bill, did little

work and much drinking, and finally in 1912 I went over and told

him I would have to bring the furniture back to my place.

His wife came to me and said that if I would change the

account to her, she would pay the bill. She said that if she paid it

and left the furniture in her husband's name, he would steal it and

sell it to buy whisky.

Wife Got Furniture.

Shirley's friends nodded their approval.

I changed the account for her and she paid the bill and a

short time later, after her husband had left town, she moved

farther down the street. I didn't see Shirley for some time, then

one day he came and borrowed a dollar from me. Then it was a

long time before he came around. Previous to his borrowing the

dollar, he used to hang around the store.

The crowd around the popular furniture dealer knew all

about Fisher and many admitted that he had stung them for small

amounts.

Along in August of this year, a long time after Mary Phagan

was murdered, I saw Fisher and he paid the dollar. He was

wearing good clothes and had money and he apologized and told

me that he wanted to pay all his debts, to re-establish his good

standing.

Calls Fisher Drunken Tramp.

I never knew where the pencil factory was until I read

accounts of the murder in the papers and saw pictures of the

building. Then one day while down town I passed by and a crowd

of people were out in front and I stopped, and learned that the

building was the factory where Mary Phagan had been murdered.

Until after the murder I didn't know a soul at the factory

and then I learned that two girls who live across the street here

worked there.

Fisher is a liar and a drunken tramp and nobody will believe

anything he says. I will see that he goes to jail for what he has

done if there is any way I can manage to send him there.

Old Charge of

Murder Is

Revived.

DALTON, Oct. 21."Suspicions of murder once held against

Ira W. Fisher are to be brought up once again in a new

investigation as a result of Fisher's activity in the Frank case.

Years ago, Fisher was a witness in a whisky case in Superior

Court here and Judge G. G. Glenn, representing the defense,

impeached him. Twelve or fifteen of the country's most

responsible citizens swore on the stand that they would not

believe Fisher on oath. Fisher left here soon after the death of his

brother-in-law, Dug Steele.

PAGE 8, COLUMN 3

FLASHLIGHT AT POLICE

STATION

PRINCIPALS IN NEW FRANK

MYSTERY

On the left

I. W. Fisher,

the mystery

witness, is

seen facing

Chief of

Detectives

Lanford.

J. C. Shirley,

The merchant

named by

Fisher as

Mary Phagan's

slayer.

PAGE 8, COLUMN 3

Shirley Declares

Books

Will Furnish

Him Alibi

I can account for every minute of my time on the day of the

murder of Mary Phagan, said J. C. Shirley, better known to his

friends as Charley, Shirley was in his furniture store at No. 809

Marietta street and a crowd of his friends had gathered around

him.

I can not say offhand just what I did on that day, but my

books will show my whereabouts.

I have not taken the time to look this up yet, as I attach

such little importance to the statement and accusations of that

drunken bum Fisher.

I first knew Fisher in 1911, when he moved next door to my

shop here. He came over here and I sold him, on time, a large

quantity of furniture. He fooled around about the bill, did little

work and much drinking, and finally in 1912 I went over and told

him I would have to bring the furniture back to my place.

His wife came to me and said that if I would change the

account to her, she would pay the bill. She said that if she paid it

and left the furniture in her husband's name he would steal it and

sell it to buy whisky.

Wife Got Furniture.

Shirley's friends nodded their approval.

I changed the account for her and she paid the bill and a

short time later, after her husband had left town, she moved

farther down the street. I didn't see Shirley for some time, then

one day he came and borrowed a dollar from me. Then it was a

long time before he came around. Previous to his borrowing the

dollar, he used to hang around the store.

The crowd around the popular furniture dealer knew all

about Fisher and many admitted that he had stung them for small

amounts.

Along in August of this year, a long time after Mary Phagan

was murdered, I saw Fisher and he paid the dollar. He was

wearing good clothes and had money and he apologized and told

me that he wanted to pay all his debts, to re-establish his good

standing.

Calls Fisher Drunken Tramp.

I never knew where the pencil factory was until I read

accounts of the murder in the papers and saw pictures of the

building. Then one day while down town I passed by and a crowd

of people were out in front and I stopped, and learned that the

building was the factory where Mary Phagan had been murdered.

Until after the murder I didn't know a soul at the factory

and then I learned that two girls who live across thee street here

worked there.

Fisher is a liar and a drunken tramp and nobody will believe

anything he says. I will see that he goes to jail for what he has

done if there is any way I can manage to send him there.

Shirley's

Friends

Threaten

Violence.

Threats of violence against Ira Fisher were made in the

neighborhood where Fisher formerly lived and where Charley

Shirley is liked by everyone. Should Fisher fall into the hands of

these residents, there is liable to be a manhandling part in the

700 and 800 block of Marietta street.

That Fisher has a regulation for a being a drunkard and tale

bearer is shown in the statements made to The Georgian Monday

night by wrathy residents.

W. H. Hooten, who owns a dry goods store at No. 807

Marietta street, said:

I wouldn't believe I. W. Fisher if he swore to anything while

on a stack of Bibles. He is the lowest, meanest man that ever

lived. One day last summer he tried to sell me some chickens

which he had in a sack. I asked him where he got them and he

said he stole them from his wife so he could sell them and go up

on North street for some liquor.

I know of another time when Fisher stole his wife's shoes so

that he could buy drink with the money he got by selling them.

Fisher is the man who the papers wrote up last spring in

connection with the mouse-colored mule,' when he claimed two

men asked him to ride in their wagon. Fisher said the men robbed

him of his pay. Later he said that he just claimed he was robbed

so he wouldn't have to give his money to his wife.

B. F. Shirley, brother of Charley Shirley and partner in the

business, speaking of Fisher, said:

He was the sorriest man I ever knew in my life. I wouldn't

trust or believe him. He would do anything for a dollar. Fisher is

the man who turned up Griff Freeman for selling liquor, and then

left town before the trial. This was about a year ago.

D.R. Dunbar, 800 Marietta, said:

I wouldn't believe that drunken tramp on oath. He has

done' every body in this neighborhood, but you can believe that

he won't show his face around here again as long as he lives.

Dr. W. D. Vincent, 57 Ponders avenue, and Samuel Deavers,

59 Hayden avenue, expressed, the same opinion.

Half a dozen others backed up the statements of their

friends, but didn't want their names in the papers.

The telephones in Shirley's store rang all afternoon and up

until late evening. Friends wanted to express themselves on their

opinion of Fisher, and to ask Shirley if he needed any help.

PAGE 9, COLUMN 3

FLASHLIGHT AT POLICE

STATION

PRINCIPALS IN NEW FRANK

MYSTERY

J. C. Shirley,

The merchant

named by

Fisher as

Mary Phagan's

slayer.

On the left

I. W. Fisher,

the mystery

witness, is

seen facing

Chief of

Detectives

Lanford.

PAGE 9, COLUMN 3

Shirley's Books

Give Alibi;

Accounts Hit

Fisher's Story

J. C. Shirley declared to Chief of Detectives Lanford at the

police station Tuesday morning, when he called there with his

lawyer, Charles J. Graham, that he could easily account for his

movements on the day Mary Phagan was murdered and that this

would establish a complete alibi.

Shirley's statement to the chief was verbal, the latter

informing him that an affidavit was wholly unnecessary, as there

was no charge against him. For this same reason the merchant

was not required to go into details.

Shirley explained that he has all of his books and records in

use in his store on April 26, the day of the murder, and that these

showed that no delivery of furniture was made at any place on

Bellwood avenue on that date. This refutes the statement of Ira

W. Fisher, the mysterious accuser, that he aided Shirley that

day in delivering a dresser at the Holloway home, No. 132

Bellwood avenue, and that it was there that the merchant told

him of his engagement of that afternoon with Hattie.

I never went out in my wagon that day at all, Shirley told

the chief. I remember very well that it was an unusually busy day

with us in the store, and I was kept there practically the whole of

the day. I remember distinctly that both of my hired boys one

white and the other a negro, got mad at me because I wouldn't

let them off at 12 o'clock. It being Memorial Day they wanted to

go downtown to see the parade.

Went to Terminal Station.

The negro boy, as I recollect it, drove the calico' mule and

the wagon all day. This is the mule referred to by Fisher in his

story about my driving it to Bellwood avenue and later down

town. Only once did I leave the store for any considerable time.

Shortly after 1 o'clock, in, the afternoon I went to the Terminal

Station to meet a man, who was going away on the train and who

promised to pay me a bill if I would see him there. I was back in

the store about 2 o'clock. I stayed there then until 8 or 9 o'clock

at night, when we closed the store.

Shirley said he was prepared to go more fully into detail in a

sworn statement as to his movements should it become

necessary.

I don't think that it will ever become necessary, however,

for that fellow Fisher is the greatest scoundrel unhung, or else is a

dangerous lunatic, remarked the merchant with a smile.

It's just a question of whether he ought to be in the

penitentiary or the madhouse.

Explaining his acquaintanceship with Fisher, he added:

I first knew Fisher in 1911, when he moved next door to my

shop here. He came over here and I sold him, on time, a large

quantity of furniture. He fooled around about the bill, did little

work and much drinking, and finally in 1912 I went over and told

him I would have to bring the furniture back to my place.

His wife came to me and said that if I would change the

account to her, she would pay the bill. She said that if she paid it

and left the furniture in her husband's name, he would steal it and

sell it to buy whisky.

Wife Got Furniture.

Shirley's friends nodded their approval.

I changed the account for her and she paid the bill and a

short time later, after her husband had left town, she moved

farther down the street. I didn't see Shirley for some time, then

one day he came and borrowed a dollar from me. Then it was a

long time before he came around. Previous to his borrowing the

dollar, he used to hang around the store.

The crowd around the popular furniture dealer knew all

about Fisher and many admitted that he had stung them for small

amounts.

Along in August of this year, a long time after Mary Phagan

was murdered, I saw Fisher and he paid the dollar. He was

wearing good clothes and had money and he apologized and told

me that he wanted to pay all his debts, to re-establish his good

standing.

Calls Fisher Drunken Tramp.

I never knew where the pencil factory was until I read

accounts of the murder in the papers and saw pictures of the

building. Then one day while down town I passed by and a crowd

of people were out in front and I stopped, and learned that the

building was the factory where Mary Phagan had been murdered.

Until after the murder I didn't know a soul at the factory

and then I learned that two girls who live across the street here

worked there.

Fisher is a liar and a drunken tramp and nobody will believe

anything he says. I will see that he goes to jail for what he has

done if there is any way I can manage to send him there.

Old Charge of

Murder Is

Revived.

DALTON, Oct. 21."Suspicions of murder once held against

Ira W. Fisher are to be brought up once again in a new

investigation as a result of Fisher's activity in the Frank case.

Years ago, Fisher was a witness in a whisky case in Superior

Court here and Judge G. G. Glenn, representing the defense,

impeached him. Twelve or fifteen of the country's most

responsible citizens swore on the stand that they would not

believe Fisher on oath. Fisher left here soon after the death of his

brother-in-law, Dug Steele.

PAGE 10, COLUMN 3

FLASHLIGHT AT POLICE

STATION

PRINCIPALS IN NEW FRANK

MYSTERY

On the left

I. W. Fisher,

the mystery

witness, is

seen facing

Chief of

Detectives

Lanford.

J. C. Shirley,

The merchant

named by

Fisher as

Mary Phagan's

slayer.

PAGE 10, COLUMN 3

Shirley's Books

Give Alibi;

Accounts Hit

Fisher's Story

J. C. Shirley declared to Chief of Detectives Lanford at the

police station Tuesday morning, when he called there with his

lawyer, Charles J. Graham, that he could easily account for his

movements on the day Mary Phagan was murdered and that this

would establish a complete alibi.

Shirley's statement to the chief was verbal, the latter

informing him that an affidavit was wholly unnecessary, as there

was no charge against him. For this same reason the merchant

was not required to go into details.

Shirley explained that he has all of his books and records in

use in his store on April 26, the day of the murder, and that these

showed that no delivery of furniture was made at any place on

Bellwood avenue on that date. This refutes the statement of Ira

W. Fisher, the mysterious accuser, that he aided Shirley that

day in delivering a dresser at the Holloway home, No. 132

Bellwood avenue, and that it was there that the merchant told

him of his engagement of that afternoon with Hattie.

I never went out in my wagon that day at all, Shirley told

the chief. I remember very well that it was an unusually busy day

with us in the store, and I was kept there practically the whole of

the day. I remember distinctly that both of my hired boys one

white and the other a negro, got mad at me because I wouldn't

let them off at 12 o'clock. It being Memorial Day they wanted to

go downtown to see the parade.

Went to Terminal Station.

The negro boy, as I recollect it, drove the calico' mule and

the wagon all day. This is the mule referred to by Fisher in his

story about my driving it to Bellwood avenue and later down

town. Only once did I leave the store for any considerable time.

Shortly after 1 o'clock, in, the afternoon I went to the Terminal

Station to meet a man, who was going away on the train and who

promised to pay me a bill if I would see him there. I was back in

the store about 2 o'clock. I stayed there then until 8 or 9 o'clock

at night, when we closed the store.

Shirley said he was prepared to go more fully into detail in a

sworn statement as to his movements should it become

necessary.

I don't think that it will ever become necessary, however,

for that fellow Fisher is the greatest scoundrel unhung, or else is a

dangerous lunatic, remarked the merchant with a smile.

It's just a question of whether he ought to be in the

penitentiary or the madhouse.

Explaining his acquaintanceship with Fisher, he added:

I first knew Fisher in 1911, when he moved next door to my

shop here. He came over here and I sold him, on time, a large

quantity of furniture. He fooled around about the bill, did little

work and much drinking, and finally in 1912 I went over and told

him I would have to bring the furniture back to my place.

His wife came to me and said that if I would change the

account to her, she would pay the bill. She said that if she paid it

and left the furniture in her husband's name, he would steal it and

sell it to buy whisky.

Wife Got Furniture.

Shirley's friends nodded their approval.

I changed the account for her and she paid the bill and a

short time later, after her husband had left town, she moved

farther down the street. I didn't see Shirley for some time, then

one day he came and borrowed a dollar from me. Then it was a

long time before he came around. Previous to his borrowing the

dollar, he used to hang around the store.

The crowd around the popular furniture dealer knew all

about Fisher and many admitted that he had stung them for small

amounts.

Along in August of this year, a long time after Mary Phagan

was murdered, I saw Fisher and he paid the dollar. He was

wearing good clothes and had money and he apologized and told

me that he wanted to pay all his debts, to re-establish his good

standing.

Calls Fisher Drunken Tramp.

I never knew where the pencil factory was until I read

accounts of the murder in the papers and saw pictures of the

building. Then one day while down town I passed by and a crowd

of people were out in front and I stopped, and learned that the

building was the factory where Mary Phagan had been murdered.

Until after the murder I didn't know a soul at the factory

and then I learned that two girls who live across the street here

worked there.

Fisher is a liar and a drunken tramp and nobody will believe

anything he says. I will see that he goes to jail for what he has

done if there is any way I can manage to send him there.

Old Charge of

Murder Is

Revived.

DALTON, Oct. 21."Suspicions of murder once held against

Ira W. Fisher are to be brought up once again in a new

investigation as a result of Fisher's activity in the Frank case.

Years ago, Fisher was a witness in a whisky case in Superior

Court here and Judge G. G. Glenn, representing the defense,

impeached him. Twelve or fifteen of the country's most

responsible citizens swore on the stand that they would not

believe Fisher on oath. Fisher left here soon after the death of his

brother-in-law, Dug Steele.

PAGE 11, COLUMN 1

More Affidavits

Filed

Against Juror

Henslee

Two more affidavits were obtained this morning by the

lawyers for Frank tending to show that A. H. Henslee, a member

of the trial jury, had expressed strong opinions as to the guilt of

Frank before the trial.

Leon Harrison, of Atlanta, makes the statement under oath

that some time in May, 1912, he was walking South on Peachtree

street, and just north of Five Points he overheard Henslee and

another man engaged in a very animated conversation regarding

the Frank case.

Harrison stopped, he said, and listened, being interested in

anything he might learn of the famous case. He says he

overheard Henslee's companion say:

I don't believe Frank committed that murder.

To which Henslee's reply is said to have been:

I believe he did kill the girl, and if by any chance I get on

the jury that tries him I'll do my best to get him convicted.

The other sworn statement is the second affidavit of Julian A.

Lehman whose first statement drew from Henslee a sharp and

sweeping denial of the charge that he had expressed a belief in

Frank's guilt.

Lehman reiterates in his second statement all the assertions

made in his first. He says that between the date of the murder,

April 26, and the beginning of the trial, July 28, he heard Henslee

on two occasions express himself as being firmly convinced of

Frank's guilt. He gave the approximate dates of the expressions

as June 2 and June 20.

Tuesday, 21st October 1913: Fisher Under Third Degree Shirley's Accuser In Cell, The Atlanta Georgian

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