Category: TRANSCRIPTS: ATLANTA CONSTITUTION


Tuesday, 19th August 1913 Harlee Branch Tells Of Conley Pantomine

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The Atlanta Constitution,Tuesday, 19th August 1913.Page 23Harlee Branch, a newspaper man who was present when James Conley, the negro sweeper of the National Pencil factory, went through for the police a pantomime of what he claims occurred on the day of the murder when he says he aided Leo Frank in hiding the body of Mary Phagan, was the first witness called lo the stand Monday morning.Mr. Branch had been on the stand Saturday, but had not finished his testimony when court adjourned. Through his statements as to the time, Attorney Reuben Arnold drew the conclusion that 49 minutes must

Tuesday, 19th August 1913 Mrs. Wardlaw Denies Ever Seeing Frank On Car With Little Girl

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The Atlanta Constitution,Tuesday, 19th August 1913.When Mrs. J. G. Wardlaw, a bride of three weeks, who was Miss Lula McDonald, recently worked at the National Pencil factory, was on the stand, Solicitor Hugh Dorsey sought to draw from her the statement that she knew that on the Saturday previous to Mary Phagan's murder that Leo Frank had carried a little girl out on the Hapeville car line and tried to get her to leave the car with him at various stops.He also tried to get the witness to say that she knew that on his occasion H. M. Baker and

Wednesday, 20th August 1913 Clashes Between Lawyers Mark Effort To Impeach Negro Cook

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  The Atlanta Constitution, Wednesday, 20th August 1913. Page 2. E. H. Pickett, an employee of the Beck & Gregg Hardware company, and the man mentioned by Roy Craven on the witness stand, was next put up as a witness for the state. To corroborated what Craven said and through him the state made an open fight to impeach Minola McKnight and also to contradict Mrs. Emil Selig, who, on cross-examination, denied the conversation she is said to have had with the cook in urging her to keep quiet about what she had seen at the Frank home. "Were you

Wednesday, 20th August 1913 Denies He Said He Was Willing To Lead Party To Lynch Frank

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The Atlanta Constitution, Wednesday, 20th August 1913. Page 3. George Kendley, a street car motorman, was put on the stand after M. F. McCoy, and on cross examination Attorney Rosser tried to draw from him the statements that he had vilified Leo Frank to such an extent that he had made himself a nuisance to passengers on his car, and that he had repeatedly said he would be willing to head a party to lynch Frank. Kendley was put up by the state and swore that he saw Mary Phagan on Forsyth street near the bridge, and that she was

Wednesday, 20th August 1913 Dr. Clarence Johnson Is Called To Corroborate Dr. Roy Harris

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  The Atlanta Constitution, Wednesday, 20th August 1913. Page 3. Dr. Clarence Johnson, a well-known specialist, who was put up by the prosecution in rebuttal of the testimony offered by the defense in attacking that of Dr. Roy Harris, was the final witness during the afternoon session. His testimony was stopped in the middle of its narration in order to give the solicitor time to investigate authorities on a medical subject on which Mr. Dorsey was questioning the witness at the time a discussion arose between the prosecution and defense. "What is your business?" he was asked by the solicitor.

Wednesday, 20th August 1913 Saw Mary Phagan On Her Way To Pencil Factory, Says Mccoy

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The Atlanta Constitution,Wednesday, 20th August 1913.Page 2.M. E. McCoy, of Bolton, who stated that he worked part of the time as a painter and part as a farmer, was put on the stand after McEwen, the motorman. He swore that he saw Mary Phagan on Forsyth street going to the National Pencil factory at a very few minutes after the noon hour of the day she was killed.Before he had left the stand the defense had made a bitter but unsuccessful effort to break him down and confuse him and Attorney Rosser had asked him something like a hundred questions

Wednesday, 20th August 1913 Sideboard In Leo Frank’s Home Moved, Asserts Husband Of Cook

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The Atlanta Constitution,Wednesday, 20th August 1913.Page 3.Albert McKnight, husband of Minola McKnight, the negro cook for the family of Emil Selig, with whom Leo Frank and his wife made their home, was introduced to the stand following E. H. Pickett.Mr. Hooper drew from the negro the statement that since the day he stood in the kitchen door and saw Leo Frank's reflection in the dining room sideboard glass that the sideboard had been moved.The negro was made to go over a blue print diagram of the Selig home and show what he claimed was the location of the sideboard on

Wednesday, 20th August 1913 State Is Hard Hit By Judge Ruling Barring Evidence Attacking Frank

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The Atlanta Constitution Wednesday, August 20th, 1913 Court Rules Out All Specific Acts of immorality Charged to Prisoner, Despite Vigorous Fight Made by Solicitor Hugh Dorsey, Who Had Called Many Witnesses to Prove His Character Bad. DR. SAMUEL BENEDICT COMES TO THE DEFENSE OF DR. ROY F. HARRIS State Makes Strong Effort to Show, That Minola McKnight Was Not Coerced Into Signing the Statement Which She Afterward Repudiated – Boy Says He Saw Frank With Mary Phagan. The state was given a big setback Tuesday when Judge Roan ruled out all specific acts of immorality charged to Frank which Solicitor

Wednesday, 20th August 1913 State Suffers a Severe Blow When Testimony Is Ruled Out

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Atlanta ConstitutionWednesday, August 20th, 1913 Miss Nellie Wood, a former employee of the National Pencil factory, whom the state claims left there because on the second day she was there when Leo Frank got her into his office and made indecent proposals to her, was put on the stand following the McKnight negro. After bitter wrangles with the jury out of the courtroom, Judge Roan ruled that the woman could not tell that Frank had made these proposals to her, but that all she could tell about was what she had heard others say in regard to his character before

Wednesday, 20th August 1913 Witness Swears He Saw Frank Forcing Unwelcome Attentions Upon the Little Phagan Girl

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The Atlanta Constitution, Wednesday, August 20th, 1913. The most sensational testimony of the entire morning session was produced when Willie Turner, a young farmer of Sandy Springs, Georgia, an ex-employee of the pencil factory, was called by the prosecution. He testified that Frank knew Mary Phagan, and that on one occasion he had seen the superintendent and the victim in the metal room, when the girl was striving to get away from him and return to her work. He was questioned directly by the solicitor. “Where did you work in March, 1913?” “National Pencil factory.” “Did you know Leo Frank?”

Thursday, 21st August 1913 Frank Hooper Opens Argument In Leo Frank Case This Morning

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The Atlanta Constitution, Thursday, August 21st, 1913 Page 3. The opening argument in the Frank trial will be made at 9 o’clock this morning by Attorney Frank B. Hooper, associate counsel for the defense. Two hours probably will be occupied by each man in the closing arguments. Judge Roan, in a short talk to the attorneys for each side cautioned them against long argument, and insisted that each man dwell only on the facts of the case and the evidence. No time limit was set, although the prediction is widespread that no more than two hours will be occupied by

Thursday, 21st August 1913 Frank’s Character Bad Declare Many Women and Girls on Stand

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The Atlanta Constitution Thursday, August 21st, 1913. Solicitor Dorsey make a persistent effort Wednesday morning to show that the character of Leo Frank is anything but good. Ha laid particular stress upon his character as to his relations with women and girls, and introduced a large number of women who testified that in this respect his character was in their judgement bad. Among those who testified merely that his character was bad without going into details were: Mrs. Marion Dunnigan, who stated that she worked at the pencil factory two or three weeks about two years ago. She testified that

Thursday, 21st August 1913 Girls Testify to Seeing Frank Enter Dressing Room With Woman

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The Atlanta Constitution Thursday, August 21st, 1913. Following the introduction of the telegram Solicitor Hugh Dorsey began another attack on the character of Leo Frank and after a bitter wrangle secured the right to ask factory girls in regard to Frank's character in his relations to women. This was argued with the jury excused from the room and was the subject of a bitter fight, the state saying that when Frank on the stand had claimed himself to have always lived a virtuous life, he had opened up the way for the state to prove he was not of a

Thursday, 21st August 1913 Girls Testify to Seeing Frank Talking to Little Mary Phagan With His Hands on Her Person

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The Atlanta Constitution, Thursday, August 21st, 1913. Page 2. Girls Testify to Seeing Frank Talking to Little Mary Phagan With His Hands on Her Person The evidence brought out on Tuesday that Frank had frequently been seen talking to Mary Phagan and that while so doing had placed his hands upon her person, was corroborated by several witnesses on Wednesday. The first of these corroborative statements came when Miss Ruth Robinson was called to the stand by Dorsey. She testified that she had worked at the National Pencil factory and knew both Frank and Mary Phagan. “Have you ever seen

Thursday, 21st August 1913 Leo Frank Takes Stand Again Despite Objection of Dorsey

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The Atlanta Constitution, Thursday, August 21st, 1913 Page 2. In concluding the defense's case Attorney Arnold stated to the court that there were two or three matters which had developed to which he considered the defendant had a right to make a statement in rebuttal. A protest was made by the solicitor, but was overruled. Frank took the stand following the judge's decision. He was more vehement in tone than on the day of his statement, but was brief, concise and straight to the point. He occupied the chair only a few moments. “The statement of the Turner boy,” he

Thursday, 21st August 1913 Railway Employee Swears Car Reached Center of City at 12:03

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The Atlanta Constitution, Thursday, August 21st, 1913. Page 2. Several employees of the Georgia Railway and Power company were introduced by the prosecution Wednesday to testify as to the time of the arrival of the English avenue street car at Broad and Marietta streets on the day of the murder and to the fact that cars occasionally did arrive ahead of time. A witness was also introduced to show that Mary Phagan was not on the English avenue car after it turned into Broad street from Marietta, although the men in charge of the car had testified that she got

Thursday, 21st August 1913 Starnes Tells How Affidavit From Negro Cook Was Secured

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The Atlanta Constitution, Thursday, August 21, 1913. Page 3. John Starnes, prosecutor of Leo Frank, was put up to tell about the Minola McKnight affidavit. “Did you Investigate the scuttle hole around the elevator? was Dorsey's first question. An objection by the defense was overruled. “See any blood spots there? “No.” “Now, tell the jury about the Minola McKnight affidavit.” “Pat Campbell and I arrested her at the solicitor's office. We had gone to get a statement from her husband. We also had information from this husband that she had made the identical statement which she made in the affidavit.

Thursday, 21st August 1913 Swears That Frank Prepared Sheets in Less Than 2 Hours

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The Atlanta Constitution Thursday, August 21st, 1913 J. M. Gantt, who has been an important figure in the state's case, was called during the afternoon to testify to the length of time in which he has seen Frank make out the financial sheet and to the inaccuracy of the 'punch-clock on the second floor. “Did you ever see Frank make out the financial sheet?” Mr. Dorsey put. “Yes.” “How long did it take him to make it?” “With the data at hand, I have seen him make it out in an hour and a half.” “About this punch-clock-—was it accurate?”

Thursday, 21st August 1913 Testimony of Dr. Harris Upheld By Noted Stomach Specialists

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The Atlanta Constitution, Thursday, August 21, 1913 Page 2. Dr. Clarence Johnson, when called to the stand Wednesday morning as the first witness, designated the deductions of Dr. H. T. Harris in regard to the time of Mary Phagan’s death after eating as scientific statements based on scientific facts. When recalled to the stand Dr. Johnson, who is a noted stomach specialist, and who testified on Tuesday afternoon, was asked the direct question about what he would conclude from conditions such as Dr. Harris had reported finding in Mary Phagan’s body. He said he would say the girl had died

Thursday, 21st August 1913 Testimony of Hollis Assaulted by Witness

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The Atlanta Constitution, Thursday, August 21, 1913 Page 3. J. B. Reed, a tile layer, told of a talk with W. T. Hollis, a conductor, who, he declared, had expressed sorrow at having brought Mary Phagan into town on her last trip, the day she was slain. Hollis, just previously, had denied making such a statement. “Do you know W. T. Hollis,” the solicitor asked the witness. “Yes.” “Ever talk with him about Mary Phagan riding his car into town?” “Yes, on Monday following the murder. I got in his car at Broad and Hunter streets, and he told me

Friday, 22nd August 1913 Arnold Ridicules Plot Alleged By Prosecution And Attacks The Methods Used By Detective

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The Atlanta Constitution, Friday, 22nd August 1913. Page 2. When Attorney Frank A. Hooper had made the opening speech of the prosecution, Attorney Reuben R. Arnold prepared for the first speech of the defense. It had been announced that he would review the entire history of the case and when he started at noon the pasteboard model of the pencil factory was brought In. A large diagram giving a synopsis of the case was also brought in, but was not unwrapped when Mr. Arnold first started, "Gentlemen of the jury, we are all to be congratulated that this case is

Friday, 22nd August 1913 Chronological Table Of Frank’s Actions On Day Of Murder

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The Atlanta Constitution,Friday, 22nd August 1913.Page 1.This is the chronological table of Frank's actions on the date of the murder which was displayed in chart form yesterday afternoon during Attorney Arnold's speech:7:30 a.m. Minola McKnight.8:26 a.m. Frank arrives at factory. Sees Holloway, Alonzo Mann and Roy Irby.9:00 a.m.--Darley, Wade Campbell, Mr. Lime, Mattie Smith.9:20 a.m. Miss Mattie Smith leaves building.9:40 a.m. Darley and Frank leave building.10:00 a.m. Telephones Schiff to come to office.10:30 a.m. Alonzo Mann telephones Schiff at his home.11:00 a.m. Frank returns to pencil factory. Holloway and Mann came to office. Frank dictates mail and acknowledges letters.11:30 a.m.

Friday, 22nd August 1913 Frank Case May Go To Jury Late This Afternoon

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The Atlanta Constitution,Friday, 22nd August 1913.Page 1.LAWYERS' BATTLE WILL END TODAY AND JUDGE WILL CHARGE THE JURYIn First Speech for State on Wednesday Morning, Frank Hooper Scored General Conditions at National Pencil Factory, Terming Leo Frank, a Dr. Jekyll and Mr. Hyde, and Explaining How Easy It Was for People Who Saw Only One Side of Him to Imagine Him a Paragon of Virtue.REUBEN ARNOLD BRANDS JIM CONLEY MURDERER OF LITTLE PHAGAN GIRLAttorney for Defense Dwells on Horror of Convicting Man Upon Purely Circumstantial Evidence, and Cites Many Instances Where Such Action Has Resulted in Great Injustice to the Accused.

Friday, 22nd August 1913 In Dramatic Phrases Hooper Outlines Events Leading Up To And Following Death Of Girl

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The Atlanta Constitution,Friday, 22nd August 1913.Page two."Your honor, and gentlemen of the jury." spoke Mr. Hooper, the first of the attorneys to address the court, "the object of this trial, as well as all other trials, is the ascertainment of truth and the attainments of justice. In the beginning, I want to have It understood that we are not seeking a verdict of guilty against the defendant unless he is guilty.""The burden of guilt is upon our shoulders we confront the undertaking of putting It upon his. We recognize that it must be done beyond a reasonable doubt, and that

Saturday, 23rd August 1913 Dorsey’s Brilliant Address Attacking Leo Frank Is Stopped By Adjournment Of Court Friday

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The Atlanta Constitution, Saturday, 23rd August 1913. Page 3. Solicitor General Hugh M. Dorsey began at 3:30 o'clock Friday afternoon, August 22, 1913, the final argument in the Leo Frank case, and he told the jurors as he started that they would not respect him if he slurred things over in order to please even them. "Your honor," he began, "I want to thank you for the many courtesies you have extended me and for the unlimited time you have given me in this argument, and, gentlemen of the Jury, I want to commiserate with you on your situation, but

Saturday, 23rd August 1913 Rosser Makes Great Speech For The Defense. Scores Detectives And Criticizes The Solicitor

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The Atlanta Constitution, Saturday, 23rd August 1913. Page Two. In a quiet yet concentrated tone Attorney Luther Zeigler Rosser, Friday morning at 9 o'clock made the final plea of the defense for the life of Leo Frank. The beginning of the speech was impressive, it was almost whispered at times, but the voice that delivered it rose above the maze of ozonators and electric fans, and seemed to carry a body message about it. The life of a man was at stake and the message, pleading for his life, was opened almost as a prayer the subject being fate. Later

Sunday, 24th August 1913 Many Records Are Badly Broken By State’s Most Expensive Trial

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The Atlanta Constitution,Sunday, 24th August 1913.Original Author: Britt Craig.Besides costing Fulton county a small-sized fortune, the trial of Leo Frank has broken many records which at one time seemed likely to stand for all time.It has been Georgia's longest trial.It has sent to court record a half-million more words than any other.It has been the state's most expensive.It brought to court more witnesses than any two criminal trials.It fostered more widespread Interest.It brought more sentiment into play.And that's not all!Worked Papers Hard.It worked the newspapers harder than they worked that eventful night when Daisy Grace held herself from the Jail

Sunday, 24th August 1913 Solicitor Reasserts His Conviction Of Bad Character And Guilt Of Frank

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The Atlanta Constitution,Sunday, 24th August 1913.Page two."What I had to say yesterday," began Mr. Dorsey at the opening of Saturday morning's session, "with references to character, I think I have demonstrated by law to any fair-minded man that the defendant is not a man of good character.""In failing to cross-examine these twenty young ladies who claim his character was bad, is proof, of itself, that if he had character that was good, no power on earth would have kept him and his counsel from plying countless questions in his behalf.""That's common-sense, gentlemen, a proposition that is as fair and a

Monday, 25th August 1913 Leo Frank’s Fate May Be Decided By Monday Night

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The Atlanta Constitution,Monday, 25th August 1913.Page 1.Solicitor Dorsey Is Expected to Complete His Address to Jury During Morning Session of Court.MANY FRIENDS VISIT FRANK IN THE TOWERJudge Has Intimated That He Will Be Ready to Receive Verdict at Any Time of Day or Night.By 11 o'clock this morning and perhaps earlier Solicitor Hugh Dorsey will have finished his address in the case of Leo M. Frank, charged with the murder of Mary Phagan, and Judge Roan will' begin charging the jury.In a talk with a Constitution reporter last night, Mr. Dorsey intimated that the final summing up of his argument

Tuesday, 26th August 1913 As Bells Tolled, Dorsey Closed Magnificent Argument Which Fastened Crime On Frank

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The Atlanta Constitution, Tuesday, 26th August 1913. Page 2 As the big bell in the Catholic church tolled the hour of 12 o'clock Solicitor Dorsey concluded his remarkable plea for the conviction of Leo Frank with the dreadful words "Guilty, guilty, guilty!" It was just at this hour, more than four months ago that little Mary Phagan entered the pencil factory to draw her pittance of $1.20. The tolling of the bell and the dread sound of the words cut like a chill to the hearts of many who shivered involuntarily. It was the conclusion of the most remarkable speech

Tuesday, 26th August 1913 Frank Convicted, Asserts Innocence

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  The Atlanta Constitution, Tuesday, 26th August 1913. Page 1. WAITS WITH WIFE IN TOWER FOR NEWS FROM COURTROOM. FRIENDS TELL HIM VERDICT. "I Am as Innocent Today as I Was One Year Ago," He Cries "The Jury Has Been Influenced by Mob Law" "I Am Stunned by News," Declares Rabbi Marx, One of Prisoner's Closest Friends Defense Plans to Carry Case to Supreme Court in Order to Secure New Trial. Judge Roan Will Defer Sentence For a Few Days. OVATION FOR JURY AND SOLICITOR GIVEN BY CROWD WAITING ON STREET Judge Roan Thanks Jurymen for Services During Four Long,

Tuesday, 26th August 1913 Glad And Relieved Trial Is Over. No Doubt Of Leo Frank’s Guilt. Mrs. J. W. Coleman

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The Atlanta Constitution,Tuesday, 26th August 1913.Page four."I could not begin to tell you how glad and relieved I feel, now that it is all over." said Mrs. J. W. Coleman, mother of Mary Phagan, talking to a Constitution reporter last night."For weeks I have felt that I just could not sleep another wink for thinking of that man Frank, and the possibility that he might escape the consequences of his crime. I have felt satisfied all the time that he was guilty, and the verdict of the jury is no surprise to me. They are good, noble men, and should

Tuesday, 26th August 1913 Guilty, Declares Jury

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The Atlanta Constitution,Tuesday, 26th August 1913.LEO FRANK'S LIFE HISTORY.The following chronological history of the life of Leo Max Frank is taken from his statement to the jury, made Monday, August 18, 1913:April 17, 1884, born in Paris, Texas.July, 1884, taken by parents to live in Brooklyn, New York.June, 1902, graduated from Pratt Institute, a Brooklyn high school.September, 1902, entered Cornell university, Ithaca, New York.June, 1906, graduated from Cornell.July, 1906, accepted position as draftsman with B. F. Sturtevant company, of High Park, Mass.January, 1907, became testing engineer and draftsman for the National Meter company, of Brooklyn.October, 1907, came to Atlanta to

Tuesday, 26th August 1913 Here Is The Chronological Order Of Final Day Of Frank’s Trial

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  The Atlanta Constitution, Tuesday, 26th August 1913. Page 7. To those who sat with pent-up excitement in the court room Monday on the last day of the Leo Frank trial, the various events called the Jury and began his charge. The various events flashed by with kaleidoscopic regularity. At the time it seemed a long wall between each picture as it flashed on the screen, but looking back on it, the spectator feels that one came after the other in much short order that the real significance of each had not been taken in before the next event was

Tuesday, 26th August 1913 Leo Frank Received Fair Trial Declares Chief Newport Lanford

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The Atlanta Constitution,Tuesday, 26th August 1913.Page 3.Chief Newport Lanford made the following statement Monday night in talking with a Constitution reporter:"It is very gratifying to the members of my department that the jury, after their undoubtedly careful deliberation, found Frank guilty. I am not in the least surprised, nor do I think are any of the detectives, who have been associated with me in this case.""Frank was given one of the fairest trials it has ever been my lot to figure in. A body of twelve honorable gentlemen of high standing in the community have found him guilty, as charged,

Tuesday, 26th August 1913 Mary Phagan, The Victim

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The Atlanta Constitution,Tuesday, 26th August 1913.Page 3.Story of Mary Phagan's Death As Representatives of the State Outlined It to Frank's JuryThe Jury has said that Leo Max Frank Is guilty of the murder of Mary Anne Phagan.With that verdict fell upon Frank the awful shadow of the gallows and death.This is a fearful shadow to dwell in. It Is a midnight of horror made black and dreadful than mere words can conjure up.But there Is another shadow which hovers over Leo M. Frank a shadow beside whose unspeakable blackness the thought of mere death brightens to the soft roseate glow

Wednesday, 27th August 1913 Frank Sentenced On Murder Charge To Hang October 10

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The Atlanta Constitution,Wednesday, 27th August 1913.Page 1.Motion for New Trial Made and Hearing Set for October 4, 1913, Thus Making It Certain Prisoner Will Get Delay.NEWT LEE IS RELEASED BY ORDER OF THE COURTLeo Frank Tells Judge That He Is Innocent, but That His Case Is in the Hands of Counsel.Leo M. Frank is sentenced to be hanged on Friday, October 10, 1913. This was the date set yesterday morning by Judge Leonard Strickland Roan, when the man convicted of the murder of little Mary Phagan was brought before him to be sentenced on Tuesday, August 26. The fact that

Wednesday, 27th August 1913 Hugh Dorsey’s Great Speech Feature Of The Frank Trial By Sidney Ormond

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The Atlanta Constitution,Wednesday, 27th August 1913.Page 2.The Frank trial is a matter of history. Solicitor General Hugh Manson Dorsey and his wonderful speech, which brought the case to a close, form the subject matter for countless discussions among all classes of folk in all sorts of places on the street corners, in clubs, newspaper offices, at the courthouse and wherever two lawyers chance to get together for an exchange of words.Beyond all doubt, Hugh Dorsey is the most talked-of man in the state of Georgia today. The widespread interest in the Frank case caused all eyes from Rabun Gap to

Thursday, 28th August 1913 Jail Cell Of Leo M. Frank Now Like Living Room

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The Atlanta Constitution,Thursday, 28th August 1913.Page five.Prisoner is Preparing Statement as Answer to Solicitor Dorsey's Argument.The cell of Leo M. Frank in the Tower is fast assuming the appearance of a living rom. Yesterday a new bed and a number of furnishings arrived. All the day prison attaches worked renovating the interior, oiling the floor and cleaning the windows.Mrs. Lucille Frank appeared at the jail shortly after noon. For the first time since her husband's imprisonment, she visited him in his cell. Heretofore they have accepted the use of the jailers dining room on the first floor. Frank's mother, Mrs.

Friday, 29th August 1913 Leo M. Frank To Make No Public Statement

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The Atlanta Constitution,Friday, 29th August 1913.Page 2.This Decision Is at the Advice of His Attorneys Leo Frank Sees Many Friends.It was learned yesterday that, contrary to reports, Leo Frank would not make public a statement attacking his arraignment by Solicitor Dorsey, withholding at the advice of attorneys.His counsel has advised silence for the present, and it is likely that no statement at all will be made by the convicted man until his case is brought before the Supreme Court, in the event a new trial is granted.No move of any kind is expected on the part of the defense until

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