Monday, May 12th, 1913
Rumor That Frank Married in Brooklyn Not True, Says Eagle
At Request of The Journal, One of Numerous Reports About Man Held in Phagan Case Is Investigated
Two "No Bills" Necessary to Free Prisoners; Solicitor's Detective Has Left City; Character Witnesses Not Likely to Be Used
At the request of The Atlanta Journal, the Brooklyn Eagle, one of the most reputable and reliable newspapers in the country, has investigated one of the most persistent rumors circulating about Leo M. Frank, superintendent of the National Pencil Company, who is held in connection with the death of Mary Phagan.
The rumor in question held that Frank, contrary to his sworn testimony before the Coroner's inquest that he had been married only once and in Atlanta approximately two years ago, had in fact been previously married while living in Brooklyn, New York. The claim has circulated widely and in various forms.
The Brooklyn Eagle's investigation found no truth to it. Frank was never married in Brooklyn, according to the newspaper's inquiry. His mother, who currently resides there, confirmed to the Eagle that her son married in Atlanta and Atlanta alone, and no record in Brooklyn contradicts that account. The Journal publishes this finding in keeping with its commitment to report all the facts and nothing but the facts in this case.
Attorneys noted Monday that even if witnesses capable of challenging Frank's character were located, they would not be permitted to testify should the case proceed to trial. Under Georgia law, the state is prohibited from placing a defendant's character in issue, and no evidence of past misconduct is admissible unless the defense first raises the matter. That rarely occurs in criminal proceedings.
Grand Jury Meets Friday
Solicitor Hugh M. Dorsey declined Monday to specify when the Phagan investigation will be placed before the Grand Jury. The body is scheduled for a routine meeting on Friday, and its members have been instructed to remain available for a special call session at any time. Dorsey would not say whether he intends to bring the case before or after the regular Friday sitting.
Dorsey did take the opportunity to put to rest another rumor: a bill charging Newt Lee with the murder will in fact be submitted to the Grand Jury when that body takes up the case. In all cases where individuals have been committed by a Coroner's jury or magistrate's court, a formal charge must be placed before the Grand Jury, even in instances where the solicitor general anticipates a "no bill" will be returned.
Two "No Bills" Necessary
A point of particular legal interest has emerged regarding the Grand Jury's role in the case. Even if the jury returns a "no bill" against Frank or Lee or both, the men would not automatically be released from custody. Under Georgia law, two separate Grand Juries must return no bills before a prisoner held on a Coroner's or magistrate's warrant is freed and the case considered dead.
The current Grand Jury sits until July 1st. Both men could theoretically remain held past that date, and through the consideration of another jury, before any release would be required.
A Grand Jury consists of no fewer than eighteen and no more than twenty-three members, with the maximum number typically selected. With twenty-three sworn, the body can function with as few as eighteen present. Of those, twelve must vote in favor before a true bill, or indictment, can be returned, regardless of whether eighteen or twenty-three members are sitting when the matter is considered.
It is also within the jury's discretion, should its members choose, to hear from a defendant who wishes to make a statement, or to receive testimony and argument on behalf of the defense. In practice, however, Grand Juries generally consider only the state's case, leaving the weighing of defense evidence to the trial jury.
Detective Leaves Town
The identity of Solicitor Dorsey's private detective, whom he had referred to last week as key to the investigation, remains undisclosed, though Dorsey confirmed Monday morning that the man is from out of town.
"He left town last Friday," Dorsey said, "and while he was here he did very valuable work. It is possible that he may be called back into the case."
Beyond that, the Solicitor offered nothing further. He declined to say whether the detective's findings strengthened the case against Frank and Lee or pointed in an entirely new direction, and would not confirm whether the man's work is considered complete.
It is reported, though Dorsey did not address the matter directly, that at the detective's suggestion, the Solicitor has engaged handwriting experts who have offered their opinion that the notes found near the dead girl's body were not written by Newt Lee. This contradicts the conclusions of several local handwriting experts who examined the same material.
Dorsey also confirmed a statement previously published by The Journal, saying the public is now in possession of all the significant facts in the case. "Nothing new or sensational has been developed," he said.
Who Wrote the Notes?
The question of who authored the notes found beside Mary Phagan's body remains one of the central unresolved points in the investigation. The handwriting dispute between local experts and those retained at the detective's suggestion has added another layer of complexity to an already deeply tangled case.
Wife Visits Frank
Mrs. Leo M. Frank visited her husband at the Tower on Sunday afternoon, her first such visit since his arrest nearly two weeks ago. She arrived at approximately 5 o'clock, accompanied by her father, Emil Selig of 68 East Georgia Avenue. The two were admitted to the assembly room on the first floor, where Frank was brought down from his second-floor cell to meet them. The visit lasted nearly an hour.
Shortly after Frank's initial arrest, Mrs. Frank had called at police headquarters, but her husband was being questioned by detectives at the time and she left without seeing him.
Frank received several other visitors Sunday, among them his lead attorney, Luther Z. Rosser, as well as a number of friends who attended Cornell University with him.
Frank is receiving treatment comparable to that given other white prisoners at the Tower. He is not required to eat the jail's standard meals, and food prepared at his home on East Georgia Avenue is delivered to him three times daily by private messenger.
Has Lee Told All?
The precise standing of Newt Lee in the investigation remains unsettled. Chief of Detectives Newport Lanford said Monday that he is not yet satisfied the night watchman has been forthcoming with everything he knows.
"I have not been able to satisfy myself that the negro is not connected with it in some way," Lanford said. "I don't know just what his connection is, but he knows more than he has told."
Witnesses Examined
Sunday offered little rest for the detectives and officials pursuing the case. Solicitor Dorsey met in conference with Police Chief Beavers and several other officials, while detectives fanned out across the city to chase down various leads and rumors. No new evidence of significant importance was uncovered. Current efforts are focused primarily on resolving conflicting accounts and securing witnesses to corroborate the testimony of the state's principal witnesses.
On Monday, Dorsey again devoted nearly the entire day to the Phagan investigation, spending most of it closeted with Detectives Campbell and Starnes. Together they interviewed a number of witnesses, including several employees of the pencil factory, notably Herbert J. Schiff, assistant to Superintendent Frank, along with M. B. Darley and E. T. Holloway, the day watchman at the factory.
"Find the Murderer"
The Pinkerton National Detective Agency, hired by the National Pencil Company shortly after the tragedy, recently sought confirmation from company officers that it should continue the investigation. It was at that point, according to reports, that Luther Z. Rosser, attorney for both the company and for Frank, told the Pinkertons to press on.
"Find the murderer," Rosser is quoted as saying. "Let the chips fall where they may. You are employed to hunt the murderer until he is found and convicted. It matters not who is guilty."
Superintendent Harry Scott, who has led the Pinkerton effort since the beginning, currently has five operatives working the case in coordination with the city detective department.