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The Atlanta Georgian,
Wednesday, 27th August 1913,
PAGE 5.
DORSEY UNDECIDED ONACTION AGAINST NEGRO CONLEY AS ACCESSORY
In the desperate battle that has been started for the life of Leo. M. Frank, sentenced Tuesday to hang October 10 for the slaying of Mary Phagan, the two brilliant legal generals, Luther Rosser and Reuben Arnold, will have in active council with them the convicted man himself.
Solicitor Dorsey, asked Wednesday when he probably would ask for the indictment of Jim Conley as an accessory after the fact, said that he knew of no reason why it should be done at once on the convening of the Grand Jury.
He added, however, that he had made no decision on the matter, and that the indictment might be asked when the Grand Jury sits this week or the indictment might be allowed to hold for some time. The Solicitor had every confidence that the verdict of the jury in Frank's case would be upheld.
Frank told friends Wednesday that he was planning to have a large part in the conduct of the fight to obtain a reversal of the verdict of last Monday afternoon. Frank rendered his attorney assistance during the preparation of his case for presentation at the trial which has just ended, but all of the decisions of any consequence were left to them.
The convicted men followed every move of Rosser and Arnold, as well as of Solicitor Dorsey, with an increasing vigilance and with a thorough comprehension of the purpose involved. Friends say he feels that he is competent to have a part in the mapping out of the future campaign for his life and liberty, and expects to have a considerable voice in every plan that is proposed.
It is his life that is at stake and he is convinced that he has obtained a sufficient knowledge of legal procedure at least to advise and suggest and, at times, direct as to what shall be done.
October 10 Jewish Sacred Day.
That he is not without tactical ability in a law court was demonstrated by his statement to the jury.
An impressive coincidence in the sentencing of Leo Frank to hang on October 10 is that this the most deeply sacred days of all of Frank's religion-the Day of Atonement. It is the day for confession of sins. It probably is as universally observed by members of this faith as Good Friday, for example, is observed by the Roman Catholics.
The setting of this date, however, may be regarded as little more of a formality, as it is certain that Frank will not go to his death on that day. The arguments for a new trial will be heard on October 4, and if the motion is denied an immediate appeal will be made to the Supreme Court, and this will necessitate a postponement in the date set for the execution while the matter is being thrashed out in the higher courts.
While the beginning of the real battle will not take place until October 4, Frank's lawyers entered at once into a new plan of campaign for his freedom. Reuben Arnold is taking a few days' vacation, but will return to the city shortly to resume this work on the case. In the meanwhile, witnesses are being examined and data obtained in reference to several of the points on which a new trial will be asked of Judge Roan.
Father of Frank Prostrated.
Rudolph M. Frank, father of the convicted man, was told Tuesday at his home in Brooklyn of the verdict that had been returned against his son. An elderly man and an invalid much of the time, Dr. Frank was prostrated by the news.
"I know Leo is innocent. He never would be capable of committing a terrible deed of that sort," the old man told Harry Lewis, the family lawyer, who spoke to the reporters. Lewis was one of the character witnesses who came to Atlanta to testify at the trial.