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The Atlanta Georgian,
Tuesday, 26th August 1913,
PAGE 10.
MOTION FOR NEW TRIAL FOLLOWS DEATH SENTENCE
FRANK RETURNING TO HIS CELL IN TOWER AFTER JUDGE'S CHARGE
Frank's control of his emotions was never more strikingly shown than on last day of trial.
Leo M. Frank, convicted slayer of Mary Phagan on his way back to his cell to await the verdict of the jury. He walked with a firm, springy step, and apparently was confident that he would be acquitted.
PRISONER MUST HANG OCT. 10, JUDGE RULES; INNOCENT, HEREPEATS
Almost before the dread verdict of "guilty" had ceased ringing in his ears, Leo M. Frank, convicted of slaying Mary Phagan, heard Tuesday the still more terrible words, "sentenced to hang by the neck until dead," before the echo of his own words, "I am innocent" had died away.
Frank will pay the penalty for the murder of Mary Phagan, which the jury Monday agreed he had committed on October 10, unless the efforts of his two lawyers, who already have started a new fight for his life, are successful in postponing the execution or ultimately in cleaning their client. There is little doubt that the execution will be put off, as an appeal will act as a stay.
Sentence had hardly been pronounced by Judge L. S. Roan at 10:40 o'clock Tuesday morning in his courtroom in the Thrower building before Attorney Reuben Arnold was on his feet to make a motion for a new trial.
Judge Roan said that he would set October 4 as the date for hearing the arguments on the motion. It is known that Solicitor Dorsey is most vigorously opposed to any movement looking toward the reopening of the case. He asserted repeatedly during the last days of the trial that the claim of the defense that Frank was not receiving a fair trial was ridiculous on its face.
Wife Waits Outside During Sentence.
While the death penalty was being imposed upon the factory superintendent, his young wife sat outside the Thrower building in an automobile. She had followed her husband in the car, waiting for him as he was taken into court between two deputies and again following him when he was conveyed back to the Tower.
Frank displayed no more emotion than he did during the progress of the long trial. He perhaps, was a trifle paler than usual and his face a bit more haggard, but aside from this none would have known as he stepped firmly down from the Thrower building steps that he was a man on whom the death sentence had just been pronounced.
The fight for Frank's life, which may consume many months, arouses a question as to the disposal of Jim Conley. It is the general supposition that Conley's case will be held in abeyance until Frank's fate definitely is determined by a new trial or the decision of the appeal to the Supreme Court.
Newt Lee Released From Custody.
Newt Lee, material witness in the Frank trial and at one time a suspect, was released from custody Tuesday morning after spending exactly four months in jail.
A long and notable legal fight is certain over the effort to save. Frank from paying the penalty fixed by the court. The case will be carried to the highest courts if Judge Roan refuses a new trial.
There was the hush of horror as the dreadful "Hanged by the neck until dead, and may God have mercy on your soul," were uttered by the judge. The signs of Frank's emotion were few as ever. A few minutes later he was asserting, clearly and calmly, his entire innocence.
Frank heard his sentence with but a slight show of nervousness. He stood leaning slightly against the railing in front of the judge's bench looking straight into Judge Roan's eyes. Occasionally he moistened his lips, but otherwise he was calm. His eyes though, were bloodshot and his skin more pronounced white than ever before.
Frank Again Protests Innocence.
Judge Roan addressed him:
"The jury which has been trying you for the last several weeks has found you guilty. Have you anything to say why sentence should not be passed on you at this time?"
Frank leaned slightly against the railing and placed one hand behind his back before replying. Then he said in calm even voice:
"Your Honor, I say now as I have always said: I am innocent
PAGE 11
JURY THAT CONVICTED FRANK AS SLAYER OF MARY PHAGAN
J. T. OSBURN
A. H. HENSLEE
F. E. WINBURN W. F. MEDCALF A. L. WISBEY W. M. JEFFRIES M. JOHENNING
DEPUTY HUBER M. S. WOODWARD E. V. L.
SMITH D. TOWNSEND C. J. BOSSHARDT J. F.
HIGDON DEPUTY LIDDELL
WIFE, MOTHER EMBRACE
FRANK AFTER SENTENCE
Continued from Page 1.
innocent. Further than that, I will state that my case is in the hands of my counsel."
The prisoner's voice was so low that for a moment his hearers were not aware that he had finished and a deathly silence reigned. Then Judge Roan spoke:
"Your counsel informs me that they will move for a new trial," he said, addressing Frank, "but in the meantime, it is my sworn duty to pass sentence on you."
"I have tried to give you a fair trial. I may have erred, but I have done my duty as my conscience dictated."
Judge Roan then picked up from his desk the sheet of paper upon which his sentence was written. As he did so, through some slight misunderstanding, the crowd arose to its feet.
"Take your seats; take your seats," said Judge Roan, then read the sentence. In legal form, it was this:
"The State against Leo M. Frank; indictment for murder; Fulton County Superior Court, May Term 1913. Verdict of guilty, July term, August 25, 1913."
"Whereupon it is considered ordered and adjudged by the court that the defendant, Leo M. Frank, be taken from the bar of this court to the common jail in the County of Fulton, and that he safely there kept until his final execution in the manner fixed by law;"
"It is further adjudged by the Court that on the tenth day of October, 1913, that the defendant, Leo M. Frank, be executed by the Sheriff of Fulton County in private witnessed only by the executing officer, a sufficient guard, the relatives of the said defendant and such clergymen and friends as he may desire;"
"Such execution to take place in the common jail of Fulton County, and that said defendant on that day, between the hours of 10 o'clock a. m. and 2 o'clock p. m. be by the Sheriff of Fulton County hanged by the neck until he shall be dead, and may God have mercy on your soul."
"In open court, this 26th day of August, 1913. L. S. Roan, Judge of the Stone Mountain Circuit, presiding."
"When Judge Roan had finished reading the sentence Frank sank back into a chair between his two friends, Leo Strauss and Julian Boehm. His face had grown a bit paler, but the calm stolidity which characterized his attitude throughout the grim proceeding remained.
Attorney Reuben Arnold, who had defended Frank at the trial, arose and addressed Judge Roan.
"Your honor," he said, "we make a motion for a new trial."
"I will hear the arguments on the motion on October 4," replied Judge Roan.
Luther Rosser, Frank's chief of counsel, as heard to remark, aside when this date was fixed: "Well, that will extend the time of execution then."
At 10:40 o'clock Frank took his place between two deputy sheriffs and was escorted down to an automobile waiting below and whisked off to the jail. At the doorway to the Thrower building another automobile containing Mrs. Leo Frank was waiting. When Frank emerged from the building, he exchanged glanced with his wife, but no words were spoken.
When the machine with the prisoner moved out into the street towards the jail Mrs. Frank's automobile fell in behind and followed.
No Women Hear Sentence Passed.
But a few persons-not more than 30 in all-heard the passing of the sentence. Amongst them there were but two of Frank's friends, Strauss and Boehm. The other witnesses were made up of Sheriff Mangum, half a dozen deputy sheriffs, numerous court attaches and newspapermen. There were no women in the courtroom.
Frank came in before this counsel. Smilingly the nodded to those in the room. Shortly after he had taken a seat Rosser and Arnold came in and took seats close by Frank.
To Arnold, Frank leaned over and whispered:
"What shall I say?"
"That your case. Is in the hands of your counsel," replied the attorney.
Sheriff Mangum escorted the judge to his bench and stood during the reading of the sentence with his back to the window near the bench, facing the crowd. He did not look at Frank throughout the proceedings.
At the close of the sentence there was no demonstration of any kind. Quietly the crowd filed out behind Frank and waited until the elevator, descending from the fourth floor with the prisoner and his captors only, returned for them.
Wife and Mother Embrace Prisoner.
The automobile bearing Frank, with the fateful words "sentenced to hang by the neck till dead" still echoing in his ears, arrived back at the grim old Tower at 10:40 o'clock. Frank stepped out between Deputies Burdette and Owens. His face was a bit sallower, hie eyes a little wider open. Otherwise he was the same astoundingly cool prisoner.
The trio walked to the jail door and Frank asked his escorts to wait a moment. A minute later another car drew up and the devoted wife of the convicted slayer alighted, Deputy Scuttles at her side.
Frank's face lighted up. Mrs. Frank smiled-the tragic smile of courage and loyalty-and they were clasped in each other's arms, the young wife showering kisses on the man who had just heard his doom pronounced.
They disappeared into the gloom of the jail corridor, Mrs. Frank's arm around her husband's shoulder-a shielding, motherly embrace that touched the men who walked with averted faces at Frank's side.
A moment more and Frank was in his mother's arms at the cell screened from foreign eyes and words of hopes showered upon him to drown the echo of the terrible pronouncement of a brief while back.
The young woman was dressed in black, relieved only by a white lace collar. She looked composed, but the traces of a night and weeping were in her eyes. The mother was pale and worn. Neither would talk to newspaper men.
Mob Influences Jury, He Says
Emil Selig, the father-in-law of Frank, brought him his breakfast Tuesday morning. The convicted man, if he suffered any shock from the verdict Monday, was said to have recovered entirely from it by the morning. He was as stoical as ever and even while in the shadow of the gallows he expressed himself as just as certain that he ultimately would be exonerated of the terrible crime as he was on the first day he was suspected.
"'My God'. Even the jury is influenced by mob Law," were the words with which he greeted the news of the verdict Monday afternoon.
Frank was with his wife at the Tower when the intelligence came Rabbi Marx, Dr. Rosenberg, the Frank family physician, and a number of their friends were in the office of Sheriff Mangum, Dr. Rosenberg arriving some minutes after the verdict was known at his courthouse.
Rabbi Marx and Dr. Rosenberg went with the news to the accused man and his wife.
"The jury has found you guilty, see," said the physician.
Mrs. Frank screamed and broke into hysterical weeping. It was her husband who calmed her and assured her that everything would be all right in the end.
Within a few minutes he persuaded her to leave the jail in company with Rabbi Marx and Dr. Rosenberg. The traces of the tears were still on her face when she came through the corridor. With the aid of her escort, she avoided the newspaper men and entered the waiting automobile.
Dr. B. Wildauer came down shortly after. "I am as innocent today as I was a year ago," was Frank's comment on the verdict, according to Dr. Wildauer.
The blinds of the Selig home at No. 68 East Georgia avenue, where Frank and his wife lived with her parents, were closed Tuesday morning. Neighbors said that Mr. and Mrs. Selig and their daughter had stayed with relatives overnight.
Attorney Arnold left for Bedford Springs, Pa., Tuesday afternoon for a month's rest. Mr. Arnold will return to Atlanta in time to participate in the argument for a new trial for the pencil factory superintendent, which has been set for October 4.
'I'm as Innocent as I Was
A Year Ago,' Asserts Frank
Just four months after the murder of Mary Phagan, Leo M. Frank stands convicted of the slaying of the slaying of thee 13-year-old girl in the National Pencil factory.
No recommendation for life imprisonment was made by the jurors, this circumstance making it imperative, according to the charge by Judge L. S. Roan, that a sentence of death by hanging be passed upon him. Judge Roan declined to say Tuesday the exact time when he would pass sentence.
Neither the prisoner, his relatives, friends nor any of his counsel appeared in the courtroom when the dread verdict was rendered. The sole representative of the defendant was Stiles Hopkins, a member of the firm of Rosser, Brandon, Sigton & Phillips, who was designated present and na"ive for Attorneys Rosser and Arnold the presence of the prisoner. A motion for a new trial will be made by Rosser and Arnold.
Populace Cheers Verdict.
The jurors were quick in arriving at their ballot. The case was given into their hands at 12:49. They went immediately to lunch and returned to the courthouse at 1:35. They proceeded to the election to the election of Fred Winburn as foreman and entered upon an informal discussion of the merits of the case. It was apparent that the jurymen were practically of one mind. They cast their ballot. At 3:21 it was known that the verdict was "guilty." At 4:56 the result was announced in the courtroom.
To avoid any sort of a demonstration, the courtroom was cleared of all spectators when it became known that the jury was ready to render its verdict. Everyone was excluded except Solicitor Dorsey, Attorney Hooper and attaches of Dorsey's office, several other members of the bar and newspaper man.
Hardly had Foreman Winburn read the words which branded the young factory superintendent a murderer before a mighty shout went up outside the building. The great crowds surging on all sides of the courthouse seemed to have had occult knowledge of the verdict at the very instant it was given utterance.
The news spread like magic. While the cheers still were rending the air, newsboys swooped down upon the courthouse and radiated in different directions from their offices, crying the extras on the verdict.
Frank was in the Tower with his young wife when the verdict was returned.
"My God! Even the jury was influenced by mob law," was the exclamation with which the accused man met the news of the verdict of guilty."
"I am as innocent as I was one year ago," be continued.
Frank would not talk at length to the newspaper men. His wife, who had shown the strain of the last hours of the trial throughout the day, collapsed in tears. Rabbi Marx and other friends of the family were at the tail when the fateful news came. They declared that nothing had developed since the beginning of the trial to shake their belief in Frank's entire innocence.
After the concluding words of the judge's charge Monday afternoon, the jury fled from the courtroom and several score of persons took advantage of the leniency of the court deputies to crowd inside the doors.
In a haze of smoke from innumerable cigars and cigarettes and from the explosion of flash light powder, the motley roomful of spectators waited impatiently for some sign that jurors were ready to return to the room. Any unexplained move on the part of Sheriff Mangum or one
Continued on Page 4, Column 1.
PAGE 13
FRANK EMOTIONLESS AS HE HEARS SENTENCE TO GALLOWS
'I am Innocent; My Case Is in My Lawyers'
I HAVE DONE MY DUTY, ASSERTS JUDGE ROAN
"I May Have Erred, but My Conscience Is Clear," He Tells
Condemned Man.
Continued From Page 2.
of his deputies was the signal for a little flurry and the rumor that a verdict had been reached.
Frank's Presence Waived.
Several newspaper men sat on the sixth floor of the uncompleted new courthouses and calmly watched the proceedings of the jurymen on the fourth floor of the old building. The election of Winburn as foreman was noted, as well as other details incident to the deliberations. Finally, it became known that a verdict had been reached. This was an hour before the jurors came downstairs. Finally, it became known that a verdict had been reached. This was an hour before the jurors came downstairs. Judge Roan was sent for "An effort was made to get Solicitor Dorsey, but he could not be reached at once."
Assistant Solicitor E. A. Stephens and Frank Hooper, Dorsey's associate in the case, entered the courtroom and immediately were closeted in conference with Judge Roan. The discussion was in regard to the waiving of the prisoner's presence in the courtroom.
The two attorneys did not wish to sneak definitely for the Solicitor on the matter, but neither could see any objection to the procedure if the waiving was formally made by a representative of Rosser's firm. A little later the spectators were disappointed by the order to clear the courtroom. Dorsey entered just as this order was given. Within five minutes the jury was in the courtroom and the verdict had been returned.
Lanford Says
He Is Vindicated.
Though he has been convicted of the most terrible crime in the history of the South, the friends who have stood steadfastly by Leo Frank during the four long months since Mary Phagan's body was found have not deserted him. They still persist that he is innocent and declare that time will uncover the guilty person and give the young factory superintendent his freedom.
Rabbi David Marx, one of Frank's staunchest supporters, who has been with the convicted superintendent almost constantly since he was first arrested on suspicion of being connected with the crime, was one of the most surprised men in Atlanta when the verdict was returned. He had confidently expected an acquittal, but even with the sentence of death having over Frank's head, the devotion with which Rabbi Marx has stood by Frank-which has been the admiration even of those who believed Frank guilty-does not falter.
Rabbi Marx Astounded.
Dr. Marx was with Frank when the latter was notified of the verdict, and eh suffered almost as heavily as the convicted man.
"I am stunned and surprised," Dr. Marx said. "I can not believe it. I know Leo Frank is innocent-I know he is incapable of such a crime. My faith in him has not been shaken by the verdict of the jury. I ask that the public suspend final judgement until an appeal for a new trial is made."
Shortly after Frank had been notified of the verdict Dr. Marx left the jail for a conference with Frank's attorneys. He returned later to tend what comfort he could to the prisoner, and remained with him in his cell until a late hour.
Fair Trial, Says Lanford.
Chief of Detectives, Newport Lanford, head of the department when aided in securing the evidence that convicted Frank, has issued a statement declaring that the trial of the factory superintendent was the fairest he had ever seen.
"I have never figured in a case where the prisoner was given more privileges and liberties than Frank has received," Chief Lanford declared. "A body of twelve men in high-standing in the community have found him guilty of the murder of Mary Phagan, and, in my opinion the verdict was a just one. I think nearly everyone who is familiar with the case believes him guilty."
"It is very gratifying to the members of my department that the jury after careful deliberation, found Frank guilty. I am not surprised, however, nor are any of the detectives who have worked on the case."
"We have worked very hard since little Mary Phagan was murdered and have tried to get at the truth regarding the terrible crime. We have been severely condemned by a few persons, most of whom are unfamiliar with the case and with police methods of obtaining evidence, but the verdict of the jury is a complete vindication of our department. We feel that we have received the greatest reward possible -the conviction of the man
FRANK AND HIS WIFE HEAR JURY'S VERDICT
Frank received the news with fortitude and appeared to be more concerned about his wife than himself.
The verdict of the jury was announced to Frank and his wife by Rabbi Marx and Dr. Rosenberg. responsible for the death of Mary Phagan."
The interest in the residence sections of the city was fully as great as downtown when the verdict came in Monday. Officials of the Southern Bell Telephone Company have made the statement that never in the history of the company have the city telephones been in such universal use as Monday afternoon. Three times as many calls were registered between 2 and 6 o'clock, when the excitement was at its greatest height, as have ever been registered before during an entire day. A special corps of operators was on duty at the exchanges, but they were swamped with the volume of the calls and were unable to attend to more than half of them.
"Old Newt" Lee Is Released From Tower.
Old Newt Lee, as he was referred to by both sides in the Frank trial, the negro night watchman at the National Pencil Factory, was released Tuesday from the Fulton Tower just four months to a day after his fateful find.
The order for his release was signed by Judge Roan and taken to the jail by his attorneys Graham and Chapelle. Graham left with the negro for the police station, where he got a knife and some other personal effects taken from him at the time of his arrest.
Lee was spruce and as cheerful as a darky in watermelon time as he said goodbye to the Tower. He was rigged up in a new outfit and looked mere prosperous than he probably ever has in his life.
"He came here in rags, but he is leaving with quite a bunch of luggage," said one of the deputies.
The negro said he had had a home before the tragedy, but had lost it since.
"All I know is I'm going to look for work, boss," he said. "I sure got to work to live. I feel weak, just in my body, boss. I feel alright in the head because I never did have nothing to do with that murder and now, they all knows it."
Lee had been in jail since shortly after 3-o'clock April 27, when police, responding to his telephone call, found the strangled. Mary Phagan in the grimy basement. For a time, his indictment "seemed" certain, but by the time the case reached the Grand Jury the State had centered its prosecution on Frank and no action was taken against the negro. The petition freeing him was made on the formal plea of Solicitor Dorsey.
Hooper Praises Dorsey's Work.
"In all my experience I have never seen a case more thoroughly gotten up than the State's cage against Leo M. Frank, as prepared by Solicitor Dorsey. It was complete throughout there was not an angle but which was investigated to the fullest possible extent."
Thus, spoke Attorney Frank Hooper while awaiting the verdict of the jury.
"Dorsey's sincerity in the prosecution and the thoroughness with which he entered into the detail of each part of his work was such as to arouse the admiration of anyone. He had the case at his finger-tips; his knowledge of each phase of the case was complete. His argument was one of the most masterful I have ever heard. I do not think it could have been possible for a case to have been handled in a better manner."