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The Atlanta Georgian,
Monday, 25th August 1913,
PAGE 13.
NO RECOMMENDATION TO COURT FOR MERCY CONTAINED IN VERDICT; ONE BALLOT TAKEN
Leo M. Frank, convicted of the slaying of Mary Phagan, when informed of the jury's verdict in his cell in the county jail late Monday evening, cried:
"My God, to think that even the jury was influenced by mob law."
Frank shrank back for a brief moment as though struck when the one word "guilty" was uttered by a friend, but regained his composure immediately. He would not see newspapermen and his friends would tell little of what he said except that one of them vouched the information that he had asserted:
"I am just as innocent now as I was a year ago."
As the news was broken to Frank his wife uttered a cry of anguish.
"Oh, Leo," she wailed, "can't we get justice?" and broke down in tears. She was attended to by her family physician.
Frank said he would issue a written statement later, but only with the permission of his attorneys.
Leo M. Frank, was found guilty of the murder of Mary Phagan by a jury in Judge Roan's court at 4:56 Monday afternoon and a minute later a howling crowd was cheering its approval.
According to what appears to be reliable authority, the jury was unanimous in its verdict on the first ballot formally taken one hour and a half after the jury returned from its dinner.
All doors to the courtroom were locked as the verdict came in. No recommendation for mercy was made by the twelve men who listened to four long weeks of exhaustive evidence.
Thirty-five hundred people outside the courthouse yelled themselves hoarse as the verdict was announced Juror Winburn, the foreman, escorted by a deputy, led the jury into the room. All twelve men seem pale and nervous, oppressed by weight of their momentous task.
Frank's presence in the courtroom has been waived, according to an announcement made at 4:15, when it was reported that the jury had reached a verdict. The courtroom was to be cleared for the jury to make it's announcement.
Jury Nervous and Pale.
The jury was very nervous and pale as it entered the courtroom headed by Deputy Plennie Miner. For a time, it hesitated before the twelve men entered the jury box. Only the order of Judge Roan of: "Gentlemen, take your accustomed seats," caused them to file in.
Dorsey was the first to leave the courtroom. He received an ovation from the throngs which packed the streets. He was lifted from his feet upon the shoulders of the enthusiasts and carried several hundred feet. Dorsey took his hat from his head and bowed to the acclamations of the crowd.
Cheers for Hooper, Too.
Hunter street was blocked clear to Whitehall street, and Pryor was blocked for two blocks on either side.
As Frank G. Hooper left the courtroom at 5 o'clock, a lane was made for him across to the Kiser building, directly opposite the courtroom and the cheers which went up rent the air.
J. W. Coleman, stepfather of Mary Phagan, rushed up to the jury and shook hands with each member, tears standing in his eyes.
Rosser Suffers Physical Collapse.
Neither Luther Rosser nor Reuben Arnold were present in the courtroom. They were represented by Stiles Hopkins, a member of Mr. Rosser's law firm. Mr. Rosser had collapsed, it was announced.
When the jury was ushered in, Frank was not present. Judge Roan said to Dorsey:
"Mr. Dorsey, I understand that you have waived the presence of the accused."
The Solicitor General nodded his head.
"I do," he answered. The verdict was read. The jury had deliberated for four hours and seven minutes.
After posing for several flashlight photographs, the jury left the box and was swarmed by newspaper men. Questions as to how the verdict was reached remained unanswered.
To each inquiry, the jurymen stated that they had taken an oath not to reveal the details under which the decision was arrived at.
Cheers for the Jury.
The grim-visage of each man, however, told of the hard battle through which they had gone. After a short time, the jurymen left the courtroom. As they were recognized by the crowds outside, the courthouse, they were wildly cheered. Probably no demonstration of this magnitude has ever been seen before in Georgia at a criminal trial.
Judge Roan left the courtroom at 5:15. He also was applauded. The jurist made no response, but slipped quietly into an automobile and was whisked away.
The jury proceeded to the Thrower building to draw its pay, each man receiving $58.00
Friend Tells Frank News.
First reports that Frank had been told of the verdict immediately after its receipt at the jail proved false. It was nearly 6 o'clock when his family physician, Dr. Rosenberg, and Dr. David Marx went up to the prisoner's cell to convey the tragic news. Frank's wife was with him at the time and the physician was called in case she collapsed.
Attendants at the jail said Frank received the news of the verdict without a tremor. His wife fainted away, but was soon brought to by her physician and left the jail for the Selig home about 6 o'clock.
Frank's mother at the Selig home on Georgia avenue showed the most remarkable fortitude when the news was given to her. She wept bitterly for a few moments, then dried her eyes and announced that she would fight her boy's cause to the highest court.
Outburst of Applause for Dorsey.
After leaving the courthouse, Attorney Dorsey retired to the Kiser Building, where remained in conference for 20 minutes. He left the building in company with Attorney Stephens and was again greeted with a tremendous outburst of applause. A double row of policemen forced a passageway to the Solicitor's automobile.
As Dorsey took his seat the crowd gathered around the machine and hundreds of congratulatory hands were thrust toward him. Mounted policemen had to go in front of the car to open up the streets. From buildings on either side of the streets, handkerchiefs waved, and even women in the windows cheered. The cheering continued until the automobile was out of sight.
At the Kimball House, to which the jurymen went to gather up the clothing and personal effects which they had used during their long stay, another large crowd had gathered and greeted the men with another ovation until the corridors resounded. Each man was swamped with persons, known and unknown to him, who wrung his hand vigorously.
Solicitor Dorsey finished his speech at twelve o'clock and Judge Roan prepared to charge the jury. A brief recess was taken.
Courthouse officials, the attorneys in the case and newspapermen were the only ones present when the jury brought in its verdict. The dramatic scene that had been expected when the factory superintendent faced the men who held his life in their hands was, of course, averted by the waiving of the prisoner's presence.
There was thrill of tense anticipation when word came from the fourth floor that the jury was ready to report. The rumor had been gaining ground that the jury had arrived at a decision about 3:20 and had been merely holding off for the arrival of the attorneys.
Rosser and Arnold and Dorsey, all of whom had gone home for a brief nap, were summoned. Attorney Hooper was at the courthouse before the clearing of the scene of the great trial began and said he had no doubt of the jury's decision.
When the jury sent down word that it had arrived at a verdict, Sheriff Mangum mounted the Judge's bench and rapped for order in the crowded courtroom.
"Gentlemen, I will have to clear this room of all but those directly interested in the case," the Sheriff said. "My orders are that all spectators must clear out."
A murmur of protest greeted the Sheriff's orders, but bailiffs going down the aisles directed the crowds to the door and they filed slowly out.
When the last spectator had left the room there remained about 50 persons in all. These consisted of the attorneys for the State and defense. Chief Beavers, Chief Lanford, a half score of detectives and as many newspaper men.
A stir was created when the explosion of flashlight powder went up as a photograph was taken of the courtroom. Then Sheriff Mangum mounted the judge's platform again and addressed the small crowd.