Author: Historical Librarian


Tuesday, 25th November 1913: Conley Again Taken To Court. Attorney To Urge Hearing Now, The Atlanta Georgian

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The Atlanta Georgian,Tuesday, 25th November 1913,PAGE 1, COLUMN 8.Jim Conley, when sensational story helped to convict Leo M. Frank of the murder of Mary Phagan, was taken once more from his cell in the Tower Tuesday to the courthouse.Solicitor Dorsey said he was not sure that Conley's case would be reached.W. M. Smith, Conley's lawyer, has insisted that his case be settled at once, and will urge Judge Hill to pass sentence or give him a jury trial.It seemed likely Tuesday that the negro would, with his lawyer's consent, have the facts presented to the court and not insist on

Tuesday, 25th November 1913: Men And Religion Bulletin No. 85, The Atlanta Journal

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The Atlanta Journal,Tuesday, 25th November 1913,PAGE 11, COLUMN 5.FOLLOW MEI am the good shepherd;the good shepherd layethdown his life for the sheep.He that is a hireling fleeth.John 10-11:12Miss Edith Appleyard died Monday.She was once matron at Agnes ScottCollege.Christ touched her heart.She wished to serve.She said:--Send me to any placeonly put me whereI can reach and help the nethermost.Chief Beavers closed Atlantas housesof shame.Help was offered the fallen; BellSommers was saved; she gave mon-ey to founda home for them.Miss Appleyard came to give her life.She left Agnes Scott College.She became matron of Marthas Home.She went into the hells of earth tosave

Wednesday, 26th November 1913: Anti Leaders Quiz Chief On Blind Tiger Policy, The Atlanta Journal

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The Atlanta Journal,Wednesday, 26th November 1913,PAGE 1, COLUMN 2.DuBose and Richards InquireWhy Arrests ArentMade.No Money, Is AnswerA query as tothe attitude of the police and detective authorities toward blind tiger conditionswhich are alleged to exist in Atlanta, was the meat of a conference which Rev.Dr. H. M. DuBose and Rev. J. B. Richards, the former an official of the GeorgiaAnti-Saloon league, and the latter its secretary, had with Chief of PoliceBeavers and Chief of Detectives Lanford in the formers office Wednesday. TheAnti-Saloon leaguers were accompanied to the conference by J. W. Hewitt, aprivate detective.This querydeveloped the answer of the police

Wednesday, 26th November 1913: Comment On The Frank Case, The Atlanta Georgian

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The Atlanta Georgian,Wednesday, 26th November 1913,PAGE XXX, COLUMN 5.EditorThe Georgian:I herewith inclose a communication for publication, if you see fit to accept same.There is really some doubt in my mind as to whether you will publish his article for the reason that I have failed to see a single article in your paper defending this court trial of Leo Frank.However, I am going to assume that you will be fair enough to allow both sides of the case to be presented to your readers.I have been a constant reader of your paper practically from its first issue; a good many

Thursday, 27th November 1913: Old-fashioned Lawyer Has Departed Forever, Judge Pendleton Says, The Atlanta Journal

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The Atlanta Journal,Thursday, 27th November 1913,PAGE 4, COLUMN 3.The old-fashioned oratorical lawyer, inhis Prince Albert coat and with beaver full of papers, is gone forever, JudgePendleton, of the superior court, told the members of the Atlanta Law schoolWednesday afternoon.Successful lawyers of today, the judgesaid, prepare their cases thoroughly and depend on the accurate and skillfulpresentation of facts to convince judges and jurors. The judge said in part:The old-time lawyer was a declaimer.He walked into the court with his meditative, Hamlet style, wearing a PrinceAlbert coat and carrying his papers in his silk hat. His vest was buttoned onlyat the bottom,

Friday, 28th November 1913: Beautiful Luncheon, The Atlanta Journal

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The Atlanta Journal,Friday, 28th November 1913,PAGE 13, COLUMN 3.Mrs. L. Z. Rosser, Jr., was hostess atluncheon Friday at the Piedmont club in compliment to Miss Ruth Rosser and herguests, Miss Eva Renfro, Miss Clara Belle Glover, Miss Cynthia Ellis and MissNell Walker, who are college mates at Brenau.Luncheon was servedin the pink room and the group of young girls made a charming picture groupedaround a flower-laden table, the centerpiece of Killarney roses and all theminor details of the luncheon continuing a color scheme of rose pink.Friday, 28th November 1913: Beautiful Luncheon, The Atlanta Journal

Saturday, 29th November 1913: Horse Hauls Buggy Right Into Hardware Store After Fodder, The Atlanta Journal

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The Atlanta Journal,Saturday, 29th November 1913,PAGE 3, COLUMN 1.A small stack of fodder left over froma Thanksgiving window decoration, two plate glass windows and Zeb, the buggyhorse of G. R. Garner, formed the cast of a little tragedy Friday afternoonmuch to the discomfiture of the King Hardware company at 442 Marietta Street.Zeb, who is about as well known asChief of Police Beavers, was standing in front of the Garner store, dozing infront of the Garner store, dozing peacefully when awakened by a passingtrolley. In the window of the King Hardware Company he spied a stack of fodderthat once formed a

Sunday, 30th November 1913: Tech Hi Boys Admire Atlantas Police Chief, The Atlanta Journal

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The Atlanta Journal,Sunday, 30th November 1913,PAGE 48, COLUMN 2.First Grade C Boys Name So-ciey in His Honor Ex-pect SpeechBY Wm. A. MWHORTER.One company of Atlantas comingcitizens admire the great work of Chief Beavers, for the moral uplift of ourcity. Over at Tech High school the first grade boys of section C have organizeda literary society in honor of Chief Beavers and have named the organizationThe Chief Beavers Literary and Debating Society. The boys are enthusiasticin their support of the society and trust that they will be as successful inthe art of public speaking as the chief has been in his

Monday, 1st December 1913: Crawfords Death Not By Poison, Say Doctor Experts, The Atlanta Journal

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The Atlanta Journal,Monday, 1st December 1913,PAGE 1, COLUMN 2.Dr. Hurt Testifies Patient Was Given Morphine Injections by His Order and This Might Have Left TracesDr. J. W. Hurt, county physician, who attended the late Joshua B. Crawford, said on the witness stand in the civil litigation over the Crawford estate Monday it was his positive opinion that Crawford died of pneumonia, and not from poison administered by Mrs. Mary Belle Crawford or anyone else.The physician swore he did not believe it possible for him to have mistaken the cause of Crawford's death, and further asserted that the symptoms of morphia

Monday, 1st December 1913: Soldiers To Parade For Corn Club Boys, The Atlanta Constitution

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The Atlanta Constitution,Monday, 1st December 1913,PAGE 1, COLUMN 2.Treat Arranged for Visitors by Seventeenth Infantry Next Wednesday Afternoon.WINECOFF AIDS.Frank Harrell, lessae of the Winecoff hotel, last night notified The Constitution that he would provide rooms at his hotel for twenty of the corn club boys.Mrs. Harrell stated that he was very glad to be able to help the chamber of commerce care for the youths who are doing so much toward the betterment of agricultural conditions in Georgia.There's hardly a boy in the land to whom the sight of soldiers marching and the sound of martial music is not entrancing,

Tuesday, 2nd December 1913: Collins May Make Self-defense Plea, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 2nd December 1913,PAGE 6, COLUMN 5.Clarence Collins, formerly an assistant superintendent on the construction work at the new Healy building, who was placed on trial Monday, before Judge Ben Hill, in the criminal division of the superior court, on a charge of having murdered Calvin Maddox, a negro employee, will probably know his fate by nightfall.The case is expected to reach the jury late today.Only witnesses for the state were heard Monday.It is believed that when Collins takes the stand today to make a statement, he will plead self-defense.Collins is charged with striking the negro with an

Wednesday, 3rd December 1913: Capt. West Bound Over And Fined By Broyles, The Atlanta Journal

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The Atlanta Journal,Wednesday, 3rd December 1913,PAGE 5, COLUMN 1.Marine Captain Says He Sought Minister's Aid in Domestic TroublesCaptain Ernest E. West, the marine officer who was arrested Monday on a charge of attacking Mrs. John H. Jones, his wife's mother, was fined $50.75 for disorderly conduct Tuesday afternoon by Recorder N. R. Broyles, who also bound him over to the state courts on a charge of assault and battery.His bond was fixed at $2,500 in the state case.It is expected that as the result of the action of the recorder the warrant in the court of Justice of the Peace

Thursday, 4th December 1913: Collins Is Freed Of Murder Of Negro, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 4th December 1913,PAGE 9, COLUMN 2.The jury, which, for the past three days, has been hearing the evidence against Clarence Collins, the white man charged with the murder of a negro employee at the Hurt building, returned a verdict of not guilty, late Wednesday, in Judge Ben Hill's division of the superior court.Collins was indicted by the grand jury who swore that he had beaten a negro over the head with an iron crow bar.The jury evidently believed Collins' story on the stand that the negro was struct accidentally.Thursday, 4th December 1913: Collins Is Freed Of Murder

Friday, 5th December 1913: Oglethorpe Fund Growing Rapidly, The Atlanta Constitution

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The Atlanta Constitution,Friday, 5th December 1913,PAGE 1, COLUMN 2.Minimum of $50, 000Is Set For Luncheon at Noon on SaturdaySize of Committees to Be Increased.SOME OGLETHORPE FACTS.Oglethorpe canvassing committees reported $5,741 more raised Thursday.The total for the four days'Campaign so far is $41,786.50.The average subscription to date, including all of the Atlanta subscribers, is $300.The committees have set $50,000 as the minimum aggregate of the fund to be reported by Saturday.A minimum of $50,000 is the figure set by the canvassing committees for the Oglethorpe university at the Saturday noon luncheon.This minimum does not include any large subscriptions, but just the

Friday, 5th December 1913: Photo Of Chiefs Staff Presented To Beavers, The Atlanta Journal

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The Atlanta Journal,Friday, 5th December 1913,PAGE 6, COLUMN 3.Chief of Police James L. Beavers has been presented with a handsome group picture of himself and the leading officers of his department, together with a photograph album showing pictures of every officer on the force.All of these pictures were reproduced in the current issue of The Detective, the national police journal, and were the gift of A. H. Dunlap, of The Detective staff.Friday, 5th December 1913: Photo Of Chiefs Staff Presented To Beavers, The Atlanta Journal

Saturday, 6th December 1913: Detectives’ Pay Day Of Interest To “Dips”, The Atlanta Constitution

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  The Atlanta Constitution, Saturday, 6th December 1913, PAGE 6, COLUMN 5. While Beavers Considers Letter a Joke, Hollingsworth Can't Appreciate It. Not so very long ago, Detective John Hollingsworth, of Chief Lanford's staff at headquarters, was frisked of $63 by a pick-pocket while the detective was helping a number of his relatives aboard an out-going train. Hollingsworth immediately reported the case to headquarters, seeking to apprehend the pick-pocket and to recover the $62. Owing to this fact, the happening was given considerable publicity. Chief Beavers, on Friday, received the following communication from persons signing themselves "Crook, Yegg, Blackhand, Etc."

Saturday, 6th December 1913: Frank Papers In Custody Of Court Clerk, The Atlanta Journal

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The Atlanta Journal,Saturday, 6th December 1913,PAGE 1, COLUMN 2.Lawyers Completing Briefs to Be Ready for Supreme CourtDecember 15Solicitor General Dorsey Saturday secured an order from Judge Ben H. Hill, of the criminal division of the superior court, for the return to the clerk's office of the original papers in the case against Leo M. Frank, convicted of the Mary Phagan murder.The original papers were taken from the clerk's office on November 15 through an order signed by Judge Hill, which placed them in the hands of the counsel for the defense for twenty-five days from date.The order was revoked, however,

Saturday, 6th December 1913: Lid On To Stay, Says Beavers, The Atlanta Georgian

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The Atlanta Georgian,Saturday, 6th December 1913,PAGE 1, COLUMN 3.CITY CLEAN NOW, SAYS CHIEF"The Law and Noble Policemen My Weapons in Fight," He Writes in Magazine."All the good people of any city have to do is to stand together and the gates of hell will not prevail against them the good people of Atlanta would never tolerate a return to old conditions under any circumstances."This declaration as to the moral status of Atlanta is made by Police Chief James L. Beavers in a special signed article in The Detective, of Chicago, which has devoted an entire section of its December number

Sunday, 7th December 1913: Atlanta’s Female Detectives Are Not One Bit Like The Ones You Often Read About In Books, The Atlanta Constitution

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The Atlanta Constitution,Sunday, 7th December 1913,PAGE 10, COLUMN 1.Mrs. Hattie Barnett, the state's only licensed female detective.In the first picture, she is shown examining evidence in with her assistant, Miss Emma Wright.The next picture is of Mrs. Barnett in street clothes.The bottom cut is one of Miss Wright's best poses.The sketches show the different attitudes in which a woman detective is likely to be seen any day.By Britt Craig.In yellowback fiction, the heroine of the female detective story usually springs from concealment in a walnut cabinet, throws a brace of pearl-handled automatics in the face of the wrong doer and

Monday, 8th December 1913: Chief J. L. Beavers Speaks At Toccoa On Civic Reforms, The Atlanta Constitution

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The Atlanta Constitution,Monday, 8th December 1913,PAGE 3, COLUMN 6.Chief James L. Beavers delivered a striking address on civic reforms in the tabernacle at Toccoa yesterday morning.The event was attended by a large crowd.The theme of the famous policeman's speech was the power of reform, and the results it had obtained in Atlanta.He dwelt extensively on the necessity of reform to a municipality.He referred to that part of his career as police chief, in which he had been branded "A Miss Nancy" by a city hall official."This man who called me Miss Nancy," spoke the chief, "has since learned that my

Tuesday, 9th December 1913: Boy Who Posed As Deaf And Dumb And Begged, Is Sent To Jail, The Atlanta Journal

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The Atlanta Journal,Tuesday, 9th December 1913,PAGE 5, COLUMN 3.Joe Moore, a white boy, was sentenced to ten days in the stockade Monday by Recorder N. R. Broyles, when he was arraigned on a charge of begging on the streets.It is alleged Moore was engaged in a conversation with City Detective Rosser, and that a short time later he hung a "deaf and dumb" sign on his coat and walked into a bar room soliciting alms.The bartender knew of the conversation and advised the boy to "beat it," but he was arrested before he could get out of the back entrance,

Tuesday, 9th December 1913: “deaf And Dumb” Man Talks To Detective, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 9th December 1913,PAGE 5, COLUMN 2.Joe Moore, a youth, was sentenced to ten days in the stockade Monday afternoon by Recorder Broyles for alleged criminal mendicancy.He was arrested on Marietta Street Saturday night by Policeman Covington, who testified that, although Moore had been soliciting alms with a deaf and dumb sign on his breast, he had been caught talking to Detective Rosser.Moore, it was stated, went into a Marietta Street saloon following the alleged conversation with the detective.He extended a pad which contained the writing:"I am deaf and dumb. Please contribute.""Better beat it, bo! That was a

Wednesday, 10th December 1913: Head Of Vice Squad, Indorsed By Chief, Demoted By Board, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 10th December 1913,PAGE 1, COLUMN 3.Chief BeaversWantedJ. W. Barfield Made a Sergeant When Office of Roundsmen Was Abolished.CHAIRMAN MASON LEADS FIGHT AGAINST OFFICERChargesDissension Has Existed in Department as Result of His Administration.He Drops to Patrolman.The police board exploded a bomb last night when Chief Beavers' recommendation of J. W. Barfield, head of the vice squad, for a sergeancy, was turned down by a vote of eight to three.Barfield has been considered one of the chief's most valuable lieutenants in the department's noted vice crusade.He was in charge of the plain clothes "vice squad," having served in that

Wednesday, 10th December 1913: Turner Admits He Got $525 From Contractors, The Atlanta Journal

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The Atlanta Journal,Wednesday, 10th December 1913,PAGE 8, COLUMN 2.Smilingly Tells Committee He Used Money to Pay His CampaignDebtsCity Electrician R. C. Turner Tuesday afternoon admitted to the joint bodies investigating charges against him, that the Elektron company, an association of the electrical contractors in Atlanta, gave him $525 last fall with which to pay off debts incurred during his campaign before the people.His explanation of the transaction was the statement, given with a smile, that "the newspapers got all that money for advertising bills. I didn't get a cent of it. I treated all the papers alike, giving them each

Thursday, 11th December 1913: Red Cross Seal Workers Set Furious Pace On First Day, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 11th December 1913,PAGE 9, COLUMN 4.MRS.HUGH WILLET.General chairman in charge of work of selling Red Cross seals for benefit of campaign against tuberculosis.Mrs. C. H. Booth, of Ponce de Leon apartments, and her enthusiastic corps of workers set a pace yesterday on opening day of the sales of the Red Cross Christmas seals that other chairmen and their assistants will have hard work keeping up with.From reports made last night, which were not complete, the first day's sale will total between $350 and $400.Mrs. Booth was quite confident last night that when she had received reports form

Friday, 12th December 1913: Dorsey Will Argue No Error Of Court Hurt Franks Case, The Atlanta Journal

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The Atlanta Journal,Friday, 12th December 1913,PAGE 1, COLUMN 6.Solicitor General Files Brief With Supreme Court, Pleading for Verdict Not Based on TechnicalitiesGREAT CASE TO BE HEARD NEXT MONDAY MORNINGJustices Probably Will Extend Time Limit for Argument,Owing to Length of Court RecordsA strong plea for substantial justice will feature the brief of the state in the case against Leo M. Frank, which will be filed with the clerk of the supreme court Friday.The state's brief will plead in the main that if any error was committed in the long trial before Judge L. S. Roan, certainly no error really harmful to

Friday, 12th December 1913: Frank’s Lawyers Complete Brief, The Atlanta Constitution

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The Atlanta Constitution,Friday, 12th December 1913,PAGE 7, COLUMN 6.Judge Roan's Ruling Is Severely Criticized in Appeal to Supreme Court for New TrialJudge L. S. Roan's ruling in the Frank case was severely criticized in the brief which Frank's attorneys will file with the supreme court today.It is charged that Judge Roan refused to grant the defendant a new trial when he himself admitted that he was in doubt as to his guilt.The brief was presented to Solicitor General Hugh M. Dorsey Thursday.The brief of the evidence has also been completed and the attorneys will be in readiness to begin anew

Friday, 12th December 1913: Roan Attacked In Frank Appeal, The Atlanta Georgian

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The Atlanta Georgian,Friday, 12th December 1913,PAGE 1, COLUMN 8.BRIEFS FOR FINAL LIFEBATTLE READYTrialJudge Termed "Vacillating" by Defense Attorneys Hearing Likely to Start Monday.Severe criticism is made of Judge L. S. Roan for certain phases of his conduct of the trial of Leo M. Frank and for his refusal to grant a new trial, even though he himself had doubt as to the defendant's guilt, in the brief and argument prepared by Frank's lawyers to be presented to the Supreme Court of Georgia next Monday.The document was received from the printers Thursday.The brief of evidence, another bulky document, will be completed

Saturday, 13th December 1913: Both Sides Ready To Begin Argument In Case Of Frank, The Atlanta Journal

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The Atlanta Journal,Saturday, 13th December 1913,PAGE 1, COLUMN 1.Filing of State's Brief in Famous Murder Trial Final Act Before Hearing in Supreme Court Monday.NUMEROUS PRECEDENTS CITED IN DOCUMENTSJudge Roan's Remark That He Was Uncertain of Prisoner's Guilt Will Be Center of Defense's AttackWith the filing of the state's brief in the case of Leo M. Frank, convicted of the murder of Mary Phagan, as plaintiff in error to the state supreme court, the documentary records in that case were completed late Friday night, and nothing remains but the arguments, set for bearing by the court next Monday.In its brief the

Saturday, 13th December 1913: Dorsey As Severe As Frank Defense, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 13th December 1913,PAGE 5, COLUMN 3.State's Brief Filed Friday, and Case Up for Argument Monday Before Supreme Court.Severe as was the criticism of Judge L. S. Roan, made by the attorneys for Leo M. Frank in their brief filed with the clerk of the supreme court yesterday, it is met by criticism equally as sharp from Solicitor General Hugh Dorsey in his brief, which will be filed today.Mr. Dorsey's brief is not printed and is not near so long as that filed by the defendant's attorneys, which covers 389 printed pages.In speaking of Judge Roan's expression of

Saturday, 13th December 1913: Dorsey Attacks Rosser’s Decision, The Atlanta Georgian

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The Atlanta Georgian,Saturday, 13th December 1913,PAGE 1, COLUMN 8.MOB TRIED FRANK, IS DEFENSE CHARGEBoth SidesCriticize Court in Long BriefsFiled in Appeal to Supreme Court.Judge L. S. Roan, presiding judge in the famous Frank trial, Friday trial, Friday found himself between two raking fires of criticism.The bombardment was opened by the defense in the great legal battle.Weak and vacillating in his conduct of the case, disposed to shirk his duty as a judge, unable to rule his court with a firm and just hand these are the charges buried at him in the brief and argument of the defense lawyers.If the

Sunday, 14th December 1913: Atlanta’s Strides From Day To Day, The Atlanta Constitution

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The Atlanta Constitution,Sunday, 14th December 1913,PAGE 38, COLUMN 2.Sales Involving Over $160, 000 in Sight Christmas Spirit Relaxes Trade Now.While the last week was more or less quiet in the real estate market, with the exception of the auction sale of the F. M. Stocks property, at Nelson and Mangum streets, which brought good prices, the realty men are not at all discouraged with the outlook.They predict a rejuvenation of trading and building after the first of the year, and all indications point in that direction.Several large sales are said to be in the contract stage and will probably be

Sunday, 14th December 1913: High Court Ruling Won’t End Fight For Life Of Leo M. Frank, The Atlanta Journal

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The Atlanta Journal,Sunday, 14th December 1913,PAGE 1, COLUMN 3.Extraordinary Appeal, Writs of Habeas Corpus, Attempt to Reach Federal Tribunals,All Will Be UsedARGUMENTS WILL BEGIN AT CAPITOL TOMORROWTwo Days Will Be Occupied and Decision Hardly Will Be Rendered Before Middle of JanuaryThe supreme court of Georgia will hear arguments for and against a new trial for Leo M. Frank next Monday and probably through Tuesday.The court of last resort in Georgia sits only four hours a day when arguments are being heard, and the fixed rule is to allow two hours to the side in each case.However the volume of the

Monday, 15th December 1913: Attorneys Make Final Fight Over Leo Frank S Life, The Atlanta Journal

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The Atlanta Journal,Monday, 15th December 1913,PAGE 1, COLUMN 7.Reuben Arnold and SolicitorGeneral Have Tilt Over Charge of Misstatements in FrankCase BriefsTWO DAYS OCCUPIED IN PLEA FOR A NEW TRIALSummary of ArgumentsDelivered Before Supreme Court Monday by Attorneys for Defense and ProsecutionWhen the state supreme court adjourned its session Monday afternoon at 1 o'clock half of the time which the court had agreed to give to arguments for and against the appeal of Leo M. Frank had been consumed.Attorney Reuben R. Arnold, for the defense, concluded his arguments at 11:40 o'clock, having spoken two hours and forty minutes.Solicitor H. M. Dorsey,

Monday, 15th December 1913: Dorsey Ridicules Frank Appeal, The Atlanta Georgian

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The Atlanta Georgian,Monday, 15th December 1913,PAGE 1, COLUMN 8.NEW TRIAL PLANNED AT START, HE SAYSProsecutor Calls Grounds Submitted by Defense "Hodgepodge" and "Catch All."That Leo Prank's lawyer are engaged in a "post-mortem" attempt to obtain a new trial for their client is the charge repeatedly made in the brief and argument completed Saturday by Solicitor General Hugh M. Dorsey and served upon the attorneys for the defense.Some of the grounds for a new trial advanced by the defense Dorsey characterizes as "hodgepodge and catch all," and ridicules the assertion that Frank was tried by a mob rather than by a

Monday, 15th December 1913: Frank Case Opens In Supreme Court, The Atlanta Constitution

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The Atlanta Constitution,Monday, 15th December 1913,PAGE 1, COLUMN 6.DefenseExpected to Ask Extension of Time for ArgumentReuben Arnold to Be First Speaker.Attorney Reuben Arnold opens first fire in the fight before the supreme court for a new trial for Leo M. Frank, which begins at 9 o'clock this morning.It is generally predicted that the battle will shatter all previous hearings before the supreme court.A vigorous request will be made, it is intimated, for extension of time for argument, which is prophesied to carry the hearing as long as four days more.Attorney Arnold stated to a Constitution Reporter last night that the

Tuesday, 16th December 1913: Dorsey Ends Speech Against New Frank Trial, The Atlanta Georgian

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The Atlanta Georgian,Tuesday, 16th December 1913,PAGE 1, COLUMN 8.FELDER TO TALK FOR STATENEXTJustices Likely Will Try to Reach Decision on Appeal by the End of January.Repeating his vehement assertions that Leo M. Frank is without a vestige of legal or moral right, to any sort of respite from the hangman's noose, Solicitor Dorsey concluded his address before the Supreme Court of Georgia Tuesday in opposition to a new trial for the factory superintendent.The Solicitor maintained that Frank had obtained a fair and impartial trial, despite the assertion to the contrary of counsel for the defense.He said that nothing essentially prejudicing

Tuesday, 16th December 1913: Franks Fate Rests With Higher Court Arguments Closed, The Atlanta Journal

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The Atlanta Journal,Tuesday, 16th December 1913,PAGE 1, COLUMN 6.Rosser Ends Supreme Court Battle by Declaring Frank Was Not Convicted of Murder, but of Other Crimes.DORSEY SAYS DEFENSE USED TRICKER IN BRIEFCelebrated Case Now in Hands of Six Supreme Justices, Who Will Hand Down Decision in About Six WeeksThe greater portion of the hour and twenty minutes consumed by Luther Z. Rosser in his argument before the supreme court Tuesday for a reversal of Judge L. S. Roan's action overruling Leo M. Frank's motion for a new trial was devoted to what he termed the admissibility of illegal and irrelevant testimony

Tuesday, 16th December 1913: Seven Managers Of Locker Clubs Arrested In Raid, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 16th December 1913,PAGE 1, COLUMN 1.Police ChargeViolations of City LawProhibiting the Sale of Liquor to Non Members of Clubs.RELEASE IS GIVEN ON BONDS OF $300 EACH"No War on Locker Clubs," Says Beavers Managers Enter Vigorous Denial.Will Fight Cases Today.After ten days of investigation, detectives under the direction of Chief Newport Lanford and Chief of Police Beavers on Monday afternoon raided seven of the better-known "locker clubs" in the downtown district, took the superintendents to police barracks and after making cases against them released the men under bonds of $300 each.The clubs were not closed.The charge is the

Wednesday, 17th December 1913: Frank’s Fate With Supreme Court Judges, The Atlanta Georgian

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The Atlanta Georgian,Wednesday, 17th December 1913,PAGE 1, COLUMN 8.FELDER HIT BY ROSSER IN FINAL PLEAA third time within less than four months the fate of Leo M. Frank hangs in the balance.Arguments in the appeal for a new trial were concluded Tuesday before the Supreme Court by an eloquent and scathing address by Luther Z. Rosser, chief of counsel for the convicted man.When adjournment was taken at 1 o'clock by Justices Atkinson, Evans and Hill the case was in their hands for consideration.Frank and his friends first awaited the outcome of the charges of murder against him on August 25

Wednesday, 17th December 1913: Leo Frank’s Fate Now Rests With High Tribunal, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 17th December 1913,PAGE 1, COLUMN 3.Stirring Speeches Are Made by Attorney General Felder for State and Luther Z. Rosser for Defense.FELDER IS CRITICAL OF JUDGE L. S. ROANHe Declares the Judge's Comments Had No Rightful Place in the Bill of Exceptions Filed.The expression of doubt made by Judge L. S. Roan, the trial justice in the Frank case, was the subject of a searing attack Tuesday morning from Attorney General Thomas Felder in his address before the supreme court, where the fight for a new trial for the convicted man came to a close at 1 o'clock

Thursday, 18th December 1913: Supreme Court Sets To Unraveling Red Thread Of Truth In Frank Case By James B. Nevin., The Atlanta Georgian

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The Atlanta Georgian,Thursday, 18th December 1913,PAGE 3, COLUMN 1.Impartial observers, people with minds unprejudiced and free of bias, must have sighed a weight of sincere relief from their souls when, at last, the arguments closed in the Supreme Court hearing of the Frank case, and that famous cause had been given finally into the keeping of Georgia's highest court of review.The public generally will incline to think that little if anything of further light was thrown upon the case by either side to the controversy, so far as the oratorical efforts pro and con were concerned in the Supreme Court.And,

Friday, 19th December 1913: Broyles Seeks Place On Court Of Appeals, The Atlanta Journal

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The Atlanta Journal,Friday, 19th December 1913,PAGE 5, COLUMN 1.Recorder Announces He Will Oppose Judge in Campaign Next YearThe executive prediction published in the late editions of the Journal Thursday afternoon that Judge Nash R. Broyles was to be a candidate for the state court of appeals against Judge L. S. Roan was confirmed Friday morning by Judge Broyles, who issued a formal announcement of his intention to make the race.Judge Broyles, who has presided over Atlanta's police court for fifteen years, during which time he has achieved a national reputation as an able and fearless magistrate, states his announcement at

Friday, 19th December 1913: Broyles To Oppose Roan For Appellate Judgeship Many Seek Police Bench, The Atlanta Constitution

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The Atlanta Constitution,Friday, 19th December 1913,PAGE 1, COLUMN 6.Announces CandidacyJUDGE NASH R. BROYLES.Who announces he will run against Judge Roan for the court of appeals.PAGE 1, COLUMN 7BROYLES' PLACE ALREADY SOUGHT BY 7 CANDIDATESAtlanta Recorder Announces That He Will Offer for Place Resigned by Judge Hill.TWO ATLANTA MEN IN STATE CONTESTFollowingAnnouncement of Judge Broyles Candidates for Recorder Spring Up on All Sides.Recorder Nash R. Broyles, who has occupied the bench of police court judge of Atlanta for fifteen years, has announced his candidacy for the court of appeals in opposition to Judge L. S. Roan to fill the unexpired term

Saturday, 20th December 1913: Frank Lawyers Reopen Attack On Dorsey, The Atlanta Georgian

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The Atlanta Georgian,Saturday, 20th December 1913,PAGE 1, COLUMN 1.DISTORTION OF FACTS IS ALLEGEDSolicitor's Statement as to Time Slip Taken From Factory Is Vigorously Assailed.Attorneys for Leo M. Frank announced Friday that they were engaged in the preparation of a supplemental brief, in which they proposed to call to the attention of the Supreme Court of Georgia portions of Solicitor General Dorsey's argument and brief, which, they assert, are filled with glaring misstatements and misrepresentations.One of the statements of the Solicitor which the defense is attacking most vigorously in its supplemental brief is in reference to the time slip taken out

Saturday, 20th December 1913: Social Items, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 20th December 1913,PAGE 7, COLUMN 1.Mr. and Mrs. J. M. Van Harlingen left yesterday to spend Christmas with Mrs. Van Harlingen's father in La Porte, Ind.They will visit in Chicago and Cleveland before returning home.***Mrs. Mc Craw, of Milledgeville, is the guest of Mrs. H. F. Harris.***Mr. and Mrs. E. E. Kneip leave Sunday for New York, where they will make their home.They will stop over in Washington for Christmas.Until their departure from Atlanta, they will be at the residence of Mr. and Mrs. Albert Collier.*** Miss Helen Potts is the guest of Mrs.Irving in Athens.***Mr. William

Sunday, 21st December 1913: Judge Pottle To Quit State Court Of Appeals Feb 1, The Atlanta Journal

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The Atlanta Journal,Sunday, 21st December 1913,PAGE 1, COLUMN 1.Sam S. Bennet, of Albany,Will in All Probability Be AppointedNew JuristPottle to Practice Law in AlbanyTHREE APPELLATE JUDGES MUST GO BEFORE VOTERSJudge Pottle's Successor Will Serve Only Short Time Be For ElectionThree Names ConsideredJudge J. R. Pottle is to resign his place on the state court of appeals early in February to take up the practice of law at Albany and Sam S. Bennet, of Albany, will, it is said, be appointed by Governor Slaton to succeed him on the appellate court.Neither Judge Pottle nor Governor Slaton have made any public announcement

Sunday, 21st December 1913: Supplementary Briefs To Correct Mistakes, The Atlanta Constitution

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The Atlanta Constitution,Sunday, 21st December 1913,PAGE 27, COLUMN 1.Defense Claims Judge Roan Has Reversed Himself Since Going on Appellate Bench.While it is true that attorneys on both sides of the Frank case will ask the supreme court for permission to file supplementary briefs, it was declared yesterday by Reuben Arnold, of counsel for Leo Frank that there would be no charges of bad faith or of willful misrepresentation on his part."Our object in asking to file supplementary briefs," said Mr. Arnold, "will be to correct errors which may have crept into the record and to call attention to statements of

Monday, 22nd December 1913: Court In Whitfield Convenes January 5, The Atlanta Constitution

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The Atlanta Constitution,Monday, 22nd December 1913,PAGE 5, COLUMN 2.Dalton, Ga., December 21.(Special.)The January term of Whitfield superior court will convene here on January 5, Judge Fite presiding.This is not the term at which the grand jury meets, but owing to the fact that there are a number of men in jail here charged with felonies, it is probable that a grand jury will be called and empaneled.There will be several murder cases, among them being that of Ira Fisher, charged with the death of Dug Steele in 1909.Fisher also figured as a post-witness in the Frank trial, which revived the

Monday, 22nd December 1913: No Beer On Christmas Chief To Enforce Law, The Atlanta Journal

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The Atlanta Journal,Monday, 22nd December 1913,PAGE 4, COLUMN 5.NO BEER ON CHRISTMAS.CHIEF TO ENFORCE LAWSection 1651 of the city code, forbidding near-beer saloons to open on Christmas day, must be strictly adhered to on Thursday, according to an order issued Monday by Chief of Police James L. Beavers.The chief stated that there were some who were in doubt as to whether or not the law would be enforced this year and he wants it distinctly understood that saloons closing Wednesday night must remain so until the following the Friday morning.PAGE 5, COLUMN 2Egglar All Stirred Up OverScantyAttire of Tech TrackSprinterComplaint

Tuesday, 23rd December 1913: Col. W. S. Thomson To Be Buried Today, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 23rd December 1913,PAGE 5, COLUMN 2.Death Came to Useful Citizen Monday After LengthyIllness.Colonel William S. Thomson, one of Atlanta's most prominent citizens, died Monday morning at 5 o'clock, at his residence, 449 North Boulevard.HeCOLONEL W. S.THOMSON.had been in bad health forover a year,and in a serious condition for several weeks.Colonel Thomson was born seventy years ago at Summit Point,Jefferson County, Virginia,in that part of the Old Dominion which is now West Virginia.His home was near Charlestown,where John Brown was captured and hanged, and Colonel Thomson witnessed the execution.He enlisted in the Second Virginia regiment immediately after war

Tuesday, 23rd December 1913: No Attack On Dorsey In New Frank Case Brief, The Atlanta Journal

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The Atlanta Journal,Tuesday, 23rd December 1913,PAGE 9, COLUMN 1.Arnold Makes It Clear That Paper Contains No PersonalitiesIn discussing the supplemental brief which the attorneys for the defense of Leo M. Frank are preparing to file with the supreme court, Attorney Reuben R. Arnold made it clear Monday that it contains no personal attack on Solicitor General Hugh M. Dorsey."While the brief deals solely with mis-statements of the evidence, and misconstructions o f the facts in the state's brief," he said, "we call attention to them only in an analytical manner, and the brief does not charge that there has been

Thursday, 25th December 1913: Laboring Folk Of Griffin Send Dorsey Xmas Present, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 25th December 1913,PAGE 3, COLUMN 4.Griffin, Ga., December 24.The East Griffin cotton mill folk are today sending Hon. Hugh M. Dorsey a pair of gold cuff buttons as a Christmas present as a token of their appreciation of his efforts in the Mary Phagan case.A popular subscription list was the convicted murderer of Mary Phagan.A popular subscription list was circulated in the matter, and many approached on the subject made contributions.Rev. J. C. Adams, pastor of the Third Methodist church, of this place, was requested to write and send the following letter to Colonel Dorsey:"My Dear Sir:

Thursday, 25th December 1913: South Georgia Man To Get Pottles Place, The Atlanta Journal

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The Atlanta Journal,Thursday, 25th December 1913,PAGE 5, COLUMN 1.Governor Says He Has Not Decided Whom He Will AppointIt is quite certain that Governor Slaton will appoint a South Georgia lawyer to succeedJudge J. R.Pottle on the state court of appeals.Judge R. B. Russell, one of the judges of that court, lives at Winder, and Judge L. S. Roan, another, resides in Atlanta.Judge Pottle came from Blakely.It is not to be expected that the governor will give Judge Pottle's place to a north Georgia man, thereby recognizing one section alone in all these judgeships.The announcement of S. S. Bennett, of Albany,

Saturday, 27th December 1913: New Frank Case Brief Attacks Roan Again, The Atlanta Georgian

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The Atlanta Georgian,Saturday, 27th December 1913,PAGE 2, COLUMN 4.Judge's Doubt as to Guilt or Innocence of Prisoner Subject of Extended ArgumentJudge L. S. Roan's doubt as to the guilt or innocence of Leo M. Frank, given expression at the time the motion for a new trial was overruled, will be the subject of an extended argument in the supplemental brief to be filed Saturday with the Supreme Court by the attorneys for the defense.Because of Attorney General Felder's vigorous argument before the Supreme Court, attacking the validity of the incorporation of Judge Roan's expression of doubt in the bill of

Saturday, 27th December 1913: Supplemental Briefs Ready In Frank Case, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 27th December 1913,PAGE 5, COLUMN 6.Defense Will Stress Judge Roan's DoubtAs to Guilt of the Prisoner.Supplemental briefs will be filed in the supreme court today by attorneys for the defense in the Leo M. Frank case calling attention again to the doubt which rested on Judge Roan's mind when he declined to give the defendant in the case the benefit of a new trial.This point is stressed in the supplemental brief because of the vigorous argument made by Attorney General Felder attacking the validity of incorporating into the bill of exceptions Judge Roan's expression of doubt.So far

Tuesday, 30th December 1913: Grand Jury Indicts Near-beer Dealers, The Atlanta Journal

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The Atlanta Journal,Tuesday, 30th December 1913,PAGE 1, COLUMN 2.Three Charged With Failure to Pay State1913Special TaxThree near beer dealers, Henry Boisshardt, Samuel Aaron and H. J. Williams, were indicted Tuesday by the grand jury for their alleged failure to pay the state the 1913 special tax on beer dealers.The cases against the men were presented by Clarence Bell, special attorney for Governor Slaton, appointed to force the collection of the tax.An interesting fact about the three dealers indicted Tuesday is that one of them, Boisshardt, is a brother of one of the jurors at the famous Frank trial, while Samuel

Wednesday, 31st December 1913: Men And Business Bulletin No. 91, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 31st December 1913,PAGE 2, COLUMN 5."Errare Humanum Est"To err is human.To differ with your fellowman is still more human.Adam and Eve had their differences.The Disciples of Christ did not always agree.If they were still living the chances are they would still be differing.A man if he is a fool will differ with his wife.Most men are fools.Some men differ over poker hands, some over religion.Disputes are never settled between the disputants.Time alone settles all differences.Marion Jackson and John Eagan differ with Fred Paxon and Forrest Adair.That's natural.They are all fine fellows and they all think they are

Thursday, 1st January 1914: Gunman And Thug Busy In Atlanta During Year 1913, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 1st January 1914,PAGE 1, COLUMN 3.The Meager Police Records ShowForty-Seven Homicides, and Arrests Made in Twenty-Nine Cases.MARY PHAGAN KILLED;APPLEBAUM SHOT DOWNThese Two Were the Most Noted Tragedies of Year.List of Slain Smaller Than In 1912, When It Was 56 Crimson splotches darkened many pages of Atlanta's history during 1913, for the city's homicide rate continues higher than that of other southern centers.Meager police records show that the gunmen and thug, brother slayers, have stalked abroad with effect as great as in many previous years.There were forty-seven homicides in 1913, two of them among the most noted crimes

Thursday, 8th January 1914: Frank Attorneys File Supplemental Brief, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 8th January 1914,PAGE 11, COLUMN 1.Insist That Roan Evaded Responsibility in Denying Defendant a New Trial.Attorneys for Leo M. Frank filed yesterday with the supreme court a supplementary brief on behalf of the defendant consisting of sixty-three closely typewritten pages.Writers of the supplementary brief state at the outset that their sole purpose in filling it is to correct alleged errors in the argument made by Solicitor Hugh Dorsey in his brief.Every circumstances urged by the prosecution as tending to prove Frank's guilt is taken up in turn and the effort made to show that it is either

Thursday, 15th January 1914: Dorsey Will Not Reply To Latest Frank Brief, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 15th January 1914,PAGE 4, COLUMN 1.That Solicitor General Hugh M. Dorsey will not make reply to the latest supplemental brief field by attorneys for Leo M. Frank before the supreme court was stated on apparently good authority Wednesday.Mr. Dorsey, himself, declined to discuss the matter, but it is believed that he holds that the points made in the additional brief were thoroughly covered by his other briefs.The action of the supreme court is expected to be made known either on February 15 or March 15.The members of the court are now considering the case which was carried

Saturday, 7th February 1914: Decision Is Expected In Frank Case Today, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 7th February 1914,PAGE 1, COLUMN 3.No Announcement Made by Court, But That Is the General Belief.It is regarded as not improbable that the decision of the supreme court in the Leo M. Frank case will be handed down today.When the clerk of the supreme court arrived at his office in the capitol building Thursday morning early he found a battalion of newspaper reporters assembled awaiting the handing down of the court's decision in the case.All day long the newspaper men stayed on the job, but no decision was forthcoming.It could be ascertained definitely given that the supreme

Friday, 13th February 1914: Decision Is Expected In Frank Case Today, The Atlanta Constitution

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The Atlanta Constitution,Friday, 13th February 1914,PAGE 1, COLUMN 3.No Announcement Made by Court, But That Is the General Belief.It is regarded as not improbable that the decision of the supreme court in the Leo M. Frank case will be handed down today.When the clerk of the supreme court arrived at his office in the capitol building Thursday morning early he found a battalion of newspaper reporters assembled awaiting the handing down of the court's decision in the case.All day long the newspaper men stayed on the job, but no decision was forthcoming.It could be ascertained definitely given that the supreme

Saturday, 14th February 1914: No Decision As Yet In The Frank Case, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 14th February 1914,PAGE 9, COLUMN 4.Judge Evins Has Been Assigned to Case Many Wild Rumors Afloat.Four days have passed and the supreme court has not handed down a single decision.This is altogether unusual and those who are familiar with the workings of the high court are convinced that the consideration of the Frank case is is responsible for this state of affairs.For two days all sorts of rumors have been afloat in regard to the probable action of the supreme court on this famous case, and throughout the capitol there has been the greatest interest.Thursday and Friday

Wednesday, 18th February 1914: Leo M. Frank Has Not Lost All Hope, Counsel Will Make Vigorous Fight To Save The Life Of Their Client, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 18th February 1914,PAGE 1, COLUMN 5.Loses in SupremeCourtLEO FRANKFrank's Attorneys Preparing for New Battle May Appeal to Federal Courts, or Make Extraordinary Motion.CONVICTEDMAN STOICALWHEN HE HEARS NEWS;MAKES NO STATEMENTTrialJudge's Remarks NoGround for New Trial,Holds High Court Per-version Evidence by Con-ley Admissible.Leo M. Frank denied by the Supreme court a new trial for themurder of Mary Phagan, now faces one of three final recourses:First, motion for a re-hearing before the court which handeddown yesterday's decision;Second, an extraordinary motion for new trial before thesuperior court, in which he was originally arraigned, on a basis of newly foundevidence:Third, an appeal

Thursday, 19th February 1914: Counsel For Frank To Ask A Rehearing By Supreme Court, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 19th February 1914,PAGE 1, COLUMN 7.First Step in New Battle to Save Life of Prisoner Convicted of Phagan Murder, Will Be Taken Today.BURNS TO INVESTIGATE MARY PHAGAN MURDER"Its Mysterious Features Appeal to Me, and I want To Learn the Truth," He Says.Leo Frank knows nothing of the decision of Detective William J. Burns to investigate the Phagan murder.That is, he knows nothing except what he has learned from the newspapers.This he told friends who visited him late Wednesday afternoon."I hope Burns will, investigate it," he is quoted as saying, "and find the truth I am awaiting."It is

Friday, 20th February 1914: Frank’s Attorneys Could Not Complete Document Yesterday Speculation As To What Burns Will Do., The Atlanta Constitution

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The Atlanta Constitution,Friday, 20th February 1914,PAGE 1, COLUMN 4.It is expected that that the attorneys for Leo M. Frank's defense will probably file today their motion for a rehearing of the case.Although closeted all day Thursday.Attorneys Reuben Arnold and Luther Z. Rosser were unable to complete the motion in time for fling.It is expected the document will be a lengthy one, containing in the neighbourhood of fifty grounds for rehearing.They remained silent Thursday, refusing to discuss their new action from any angle.The motion will be opposed by Attorney General Thomas Felder, prosecutor, on the contention that the defense had ample

Saturday, 21st February 1914: Jim Conley Case To Come To Trial Week From Today, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 21st February 1914,PAGE 5, COLUMN 2.Jim Conley, principal witness in the Leo Frank trial and now held in jail as accessory after the fact in the killing of Mary Phagan, come to trial a week from today before Judge Ben Hill, of the criminal division of the superior court.Jim has materially changed since he appeared before the jury which convicted Frank.The negro is so dirty and unkempt, according to his attorney, William Smith, that he is at present scarcely recognizable.Since his last appearance before the public, Jim has been kept all but incommunicado in the Tower.He has

Sunday, 22nd February 1914: State Witness Repudiates Testimony Against Frank, Promised Money, He Says, The Atlanta Constitution

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The Atlanta Constitution,Sunday, 22nd February 1914,PAGE 1, COLUMN 6.Albert Mc Knight,Who Testified That Prisoner Came Home,Then Left Suddenly, and Who Told of Wife's Alleged Statement, Has Made Denial of Old Affidavit.EXTRAORDINARY MOTION FOR A NEW TRIAL TO BE NEXT STEP OF DEFENSEMc Knight's Wife, Who at First Stated That Frank Was Very Nervous on Murder Night and Said He Had Had Trouble With Girl at Factory, Afterwards Denied Her Statement.The most startling of new developments in the Frank case, which have come in flurries since the decision of the supreme court last Tuesday, is the announcement that Albert Mc Knight,

Monday, 23rd February 1914: Mrs. Nina Formby Makes Affidavit To Assist Frank, The Atlanta Constitution

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The Atlanta Constitution,Monday, 23rd February 1914,PAGE 1, COLUMN 1.Understood That Defense Has Paper Signed by Her in Which She Repudiates Affidavit Given Police.CHARACTER WITNESSES MAY CHANGE TESTIMONY Reported Defense May Make Attack Upon Detective Rosser, Who Secured Evidence Against Frank.Another interesting development in the Frank case came to light Sunday when it became known that attorneys for the defense have obtained, from Mrs. Nina Formby an affidavit reported to accuse detectives and the police of inveigling her into a "frame-up" against Frank shortly before his trial.A member of the counsel for the defense stated that the affidavit was in existence,

Tuesday, 24th February 1914: All Night Search To Find M’knight Meets No Success Dorsey Seeks To Show Hair That Of Phagan, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 24th February 1914,PAGE 1, COLUMN 3.Defense Announces That if the Supreme Court Refuses Frank a Rehearing, New Trial Motion Will Be Filed.Refuting the theory of the Leo Frank's counsel that the strands of hair found on the lathe in the pencil factory were not Mary Phagan's, Solicitor Dorsey intends to show the Jim Conley jury this morning that the hair actually came from the scalp of the murdered girl, thereby seeking to destroy one of the strongest contentions in the proposed plea for a new trial.Dorsey built a foundation for this move Monday afternoon during the Conley

Wednesday, 25th February 1914: Latham Leaves To Seek Uncle Of Mary Phagan, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 25th February 1914,PAGE 1, COLUMN 7.It Is Said That the Defense Hopes to Prove Discrepancy in the Time Element Theory of State.NINA FORMBY IS NOW IN NEW YORK CITYShe Has Secured Services of Judge R. R. Jackson and Will Meet Him in Chatta Nooga to Confer About the Case.That a new and startling phase of the puzzling time element in the Mary Phagan mystery one contradictory to the state's theory will be injected into the effort to gain Frank a new trial, was made evident last night when it became known that Harry Latham, an ex-court attache,

Thursday, 26th February 1914: Plied With Whisky She Lied In Story Told About Frank Says Mrs. Formby, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 26th February 1914,PAGE 1, COLUMN 1.Woman Who Made an Affidavit That Prisoner Had Telephoned Her That He Wanted to Bring Girl to Her House Says Detectives Brought Her Booze for Three Weeks.CHARGES "FRAMEUP" IN INTERVIEW GIVEN TO NEW YORK PAPERSDeclares She Has Repented Making False Affidavit.Detectives Norris, Chewning, Rosser, Vickery and Hamby Figure in Story.Didn't Know Frank.She Says.New York, February 25.Repentant over having made a false affidavit accusing Leo M. Frank, who was sentenced to death for the murder of the little factory girl, Mary Phagan, in Atlanta, Ga., Mrs. Nina Formby, of Atlanta, tonight called up

Friday, 27th February 1914: Detectives Scored In Alleged Formby Confession, The Atlanta Constitution

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The Atlanta Constitution,Friday, 27th February 1914,PAGE 1, COLUMN 4.Photo by Francis E. Price, Staff Photographer.ATLANTA'S DETECTIVE FORCE.In a statement given out in New York, supposedly by Mrs. Nina Formby, five Atlanta officers are mentioned, two of whom, Chewning and Norris, are charged with getting the woman drunk and then securing a false affidavit attacking Leo Frank.Four these officers are here shown.They are:Top row, first man on left,Detective Vickery; middle row, second man from left.Hamby; fourth man, Rosser; sixth, Chewning.Chief of Detectives Lanford, who, on Thursday, denied Mrs. Formby made confession, is shown in the center of the bottom row.Detective Norris

Saturday, 28th February 1914: Appeal For Frank Delayed By Hope Of New Evidence, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 28th February 1914,PAGE 1, COLUMN 3.Astonishing Development In Case of Prisoner Expect Ed Within Short Time by Lawyers for Defense.LATHAM IN BIRMINGHAM, SAYS J. E. McCLELLANDMc Knight Has Returned to His Home Mrs. Frank Gives Out Card in Which She Scores Dorsey.Indications in the camp of Leo Frank's defense yesterday were that his counsel is eagerly expecting some new and astonishing evidence which will be contained in the motion extraordinary to be made soon for a new trial before Judge Ben Hill.A surprising amount of new evidence has already been accumulated, it is known, and will be

Sunday, 1st March 1914: Helen Ferguson Tells Defense In Affidavit Of Advance By Conley, The Atlanta Constitution

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The Atlanta Constitution,Sunday, 1st March 1914,PAGE 1, COLUMN 6.Little FactoryGirlWho Was a StarWitness for State in Trial of LeoFrank Declares She Was Bad in Trial of Leo Frank Declares She Was Badly Frightened by Negro, Who Approached Her Menacingly While in a Drunken State on Saturday, April 19, at Same Spot Defense Says Mary Phagan Was Slain Says She Dropped Boxes and Ran Upstairs to Escape Him.DENIES REPORT OF REPUDIATION OF TESTIMONY SHE GAVE AT TRIALDescribes Visit Made to Her by C. W. Burke.Investigator for Defense Mother Did Not Know for Month She Had Given Affidavit.Formby, Denying One She Gave

Monday, 2nd March 1914: Frank Case Waits On Transmission Of Legal Papers, The Atlanta Constitution

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The Atlanta Constitution,Monday, 2nd March 1914,PAGE 1, COLUMN 1.Reported That Remittitur of Supreme CourtWill Reach Clerk of Superior Court Some Time Today.FERGUSON AFFIDAVIT LATEST DEVELOPMENTWitnessTestifiedFrankRefused to Give HerMary Phagan's Pay, But Did Not Say Girl Was Coming For It.On Monday morning it is expected the legal chess game of the Frank case will be renewed when the remittitur of the supreme court refusing a rehearing of the case arrives at the desk of the clerk of the superior court.There is no authentic source for the prediction that the document will be transmitted on Monday, but it is freely reported that

Tuesday, 3rd March 1914: Many Affidavits Held By Defense, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 3rd March 1914,PAGE 1, COLUMN 3.Will Probably Be Published Before End of Week, Burns Confers With Frank In Tower.That the attorneys for the defense of Leo M. Frank will make a tremendous fight for a new trial upon a motion extraordinary before Judge Ben Hill, of the criminal division of the superior court, became evident on Monday when it became known authentically for the first time that the attorneys are fortified with a great mass of new evidence which has not hitherto been made public.This new evidence is for the most part in the form of new

Wednesday, 4th March 1914: Luther Z. Rosser Holds Conference In New York Over Leo Frank’s Case, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 4th March 1914,PAGE 1, COLUMN 7.Lawyers for PrisonerTell New York Newspaper Men Atlanta Was Stirred by Large Number of Unavenged Murders, and That the Newspapers and People Were Determined on Meeting Out Punishment to Slayer of GirlFAIR TRIAL POSSIBLE IN ATLANTA NOW, SAYS ROSSER IN INTERVIEWHarry Latham Returns to Atlanta With New Affida Vit, in Which Attack Is Made on Time Element as Presented by Prosecution.It Is Expected That Prisoner Will Be Brought Before Judge Ben Hill Today to Be Sentenced.New York, March 3.(Special.)Luther Z. Rosser, of Atlanta, chief counsel for Leo M. Frank, arrived in New

Thursday, 5th March 1914: Geo. Epps Brands As A Falsehood Story Of His Son In Affidavit, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 5th March 1914,PAGE 1, COLUMN 7.Father of the Boy Who Charges John Black With Framing Affidavit Says His Story Is Absurd; That His Son Told Him Before He Knew of Such a Person as Black.JOHN BLACK IS SORE; TALKS OF FIGHTINGStatements of Luther Z. Rosser, Quoted in the New York Times, Are Not Warranted by the Facts, Think Members of the Georgia Chamber of Commerce, and Denial Is Wired to the New York paper.Branding his own son's story as a fabrication of the whole cloth,George W. Epps, father of George Epps, the ex-newsboy witness in the Frank

Monday, 9th March, 1914, Leo Frank Answers List of Questions Bearing on Points Made Against Him, The Atlanta Constitution

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  The Atlanta Constitution Monday, March 9, 1914 Stated That He Was Willing to Reply to Any Questions That Might Be in the Mind of the Public, and Asked to Answer Any Such That Might Be Propounded to Him. TELLS HOW JIM CONLEY COULD HAVE SLAIN GIRL AND ESCAPED DETECTION Asserts That Very Fact That He Admitted He Had Seen Mary Phagan on the Day of the Murder, Thus Placing Himself Under Suspicion, Was Proof in Itself That He Was Innocent of Crime. Probably the most interesting statement yet issued by Leo M. Frank in connection with the murder for

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

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

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

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DR. GEORGE M. NILES, sworn for the State in rebuttal.I confine my work to diseases of digestion. Every healthy stomachhas a certain definite and orderly relation to every other healthy stomach.Assuming a young lady between thirteen and fourteen years of age at11:30 April 26, 1913, eats a meal of cabbage and bread, that the nextmorning about three o'clock her dead body is found. That there are indentations in her neck where a cord had been around her throat, indicating that she died of strangulation, her nails blue, her face blue, a slight injury on the back of the head, a

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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