00:00Rumor that Frank married in Brooklyn not true, says Eagle. The Atlanta Journal. Monday, May 12,
00:061913, page 1, column 7. At request of the Journal, one of numerous reports about man held in Fagan
00:12case is investigated to no bills necessary to free prisoners. Solicitor's famous detective has left
00:18city character witnesses not likely to be used. At the request of the Atlanta Journal, the Brooklyn
00:24Eagle, one of the most conservative and reliable newspapers in the whole country, has investigated
00:29the most serious of numerous rumors which are being persistently circulated about the character
00:34of Leo M. Frank, superintendent of the National Pencil Company, who is held in connection with
00:39the death of Mary Fagan. That report was to the effect that Mr. Frank, contrary to his sworn
00:45testimony before the coroner's inquest, that he had never married but once, namely in Atlanta
00:50about two years ago, married while a resident of Brooklyn, N.Y. The rumor has been persistently
00:56circulated in various forms. The Brooklyn Eagle's investigation of this rumor is to the effect
01:01that Mr. Frank was never married in Brooklyn. His mother, now residing in Brooklyn, says the
01:06Eagle declares Mr. Frank married in Atlanta and Atlanta only, and there is no record in Brooklyn
01:11to the contrary. This report from a reliable newspaper is given to the public in accordance
01:16with the Journal's policy to print all of the facts and nothing but the facts in connection
01:20with this case. Attorneys declared Monday that even if witnesses who could attack Mr. Frank's
01:26character could be found that they would not be allowed to testify in court should Mr. Frank
01:31ever face a jury. The state is never allowed to put the character of a defendant in issue
01:36and no past misconduct, however grievous, or even if it is a matter of court record, is admitted
01:41in evidence unless the defense first makes a point of the character of the man on trial.
01:46This is seldom done in criminal cases. Grand jury meets Friday. Solicitor Hugh M. Dorsey
01:52would make no statement Monday as to the probable time that the Fagan investigation will reach
01:56the grand jury. The grand jury will hold another routine meeting on Friday, and its members have
02:01been directed to hold themselves in readiness for a call meeting at any time. Solicitor Dorsey
02:06will not even state whether the case will be taken to the jury by him before or after the
02:11regular Friday meeting. Mr. Dorsey Monday set at rest the rumor that a bill charging Newt
02:16Lee with the murder would not be presented to the grand jury for its consideration when
02:21that body takes up the investigation of the Fagan case. In all cases, he says, where people
02:27are committed to the grand jury by a coroner's jury or magistrate's court, a bill charging them
02:32with the offense of which they are suspected is put before the jury, even if at the time
02:37the solicitor general expects a no bill to be returned. Two, no bills necessary. Interesting
02:44in connection with the grand jury's connection with the Fagan case is the fact that should
02:49the body return a no bill against either Mr. Frank or the Negro Lee, or against both of
02:55them, they would not be released from custody. To automatically secure the release of a person
03:01held on a coroner's warrant or a magistrate's warrant, two separate grand juries must return
03:06no bills. The case is then dead. The present grand jury will be in session until July 1st,
03:13and the two men could be held until after that date, and after another jury has no billed their
03:18cases before they would be released. A grand jury is composed of not more than 23 nor less than 18
03:24members. Practically always the maximum number is selected by the court, for with 23 men sworn,
03:31a grand jury can then allow five of its members to remain away from sessions if they so desire,
03:36and still perform its functions. 12 must vote to indict. 12 of the 18 grand juror who must be present
03:43must vote in favor of an indictment before a true bill can be returned. The indictment requires 12 votes,
03:49whether 18 or 23 jurors are present when it is considered. While it is not customary, if the grand
03:55jurors themselves so desire, they can have a defendant before it if he wishes to make a statement,
04:00or they can hear the testimony of any witnesses for the defense, or listen to the arguments of any
04:06attorney for the defense. As a rule, however, the grand jury simply considers the state's case,
04:11and leaves it to the superior court jury to decide when the evidence to be introduced by the defense
04:16is stronger than that of the state. Detective Leavestown. That the mysterious detective to
04:22whom Solicitor General Dorsey was quoted as referring last week in the investigation of the
04:26murder of Mary Fagan is an out-of-town man was indicted by the solicitor himself Monday morning.
04:32He left town last Friday, said the solicitor, and while he was here he did very valuable work.
04:37It is possible that he may be called back into the case. Further than that, he would say nothing
04:42about the case. He declined to state whether the evidence unearthed by the unknown detective
04:47strengthened the case against the two men who have been held for the grand jury, or whether it led in
04:52some new direction. Who wrote notes? Mr. Dorsey would not state whether or not the man's work is
04:58complete. It is probable that the famous detective, although Mr. Dorsey does not discuss the point,
05:04will not return unless someone is brought to trial for the Fagan murder. The detectives worked on all
05:10phases of the case, and not particularly in an effort to strengthen the case either of the men
05:14held by the coroner's jury, according to the solicitor. It is said that at the detective's
05:19suggestion, the solicitor has secured handwriting experts, who offer the opinion that the letters
05:25found by the girl's body were not written by Lee. This conflicts with the opinions of several local
05:30handwriting experts. Mr. Dorsey confirmed the journal's published statement that the public knows now
05:36all of the important facts in the case. Nothing new or sensational has been developed, said he,
05:41visited by wife. Mrs. Leo M. Frank went to the tower on Sunday afternoon, paying her first visit to her
05:47husband since his arrest nearly two weeks ago. Mrs. Frank came to the jail with her father,
05:52Emile Selig, of 68 East Georgia Avenue, about five o'clock, and they were admitted to the assembly room
05:58on the first floor. Mr. Frank was brought down from his cell on the second floor, and he chatted with
06:04his wife and his father-in-law for nearly an hour. Soon after his arrest, Mrs. Frank called at police
06:10headquarters, but Mr. Frank at that time was being examined by the detectives, and she left without
06:15seeing him. Mr. Frank had a number of visitors during the day, among them being Luther Z. Rosser,
06:21his chief counsel, and a number of friends who attended Cornell University with him.
06:26Has Lee told all? The status of Newt Lee, the Negro night watchman, in the Fagan investigation is not
06:32yet definite, it appears. There exists some uncertainty as to just how directly he will be held
06:37for the crime. I have not been able to satisfy myself that the Negro is not connected with it in
06:42some way, said Chief of Detectives Newport Lanford Monday. I don't know just what his connection is,
06:47but he knows more than he is told. Mr. Frank is receiving the same treatment accorded practically
06:52all white prisoners at the tower, and in the matter of diet is not forced to eat the meals prepared
06:57at the jail. As a result, his meals are prepared at his home on East Georgia Avenue and sent to
07:02him
07:02by special messenger three times a day. Sunday was far from a day of rest for the detectives
07:07and officials who are seeking the solution of the Fagan murder mystery. During the day,
07:12Solicitor General Hugh M. Dorsey held conferences with Chief of Police Beavers and several other
07:17officials, and the detectives, who have been detailed to the case, went to many parts of the city,
07:22running down rumors. No new clues and no evidence of marked importance have been unearthed,
07:27and the detectives are devoting their activity largely to elimination of seemingly conflicting
07:32evidence and to the securing of witnesses to corroborate details of the statements of the
07:37principal state's witnesses. The detectives are using every effort to get the case in shape for
07:42presentation to the Fulton County Grand Jury, which will probably take up the Fagan investigation
07:47during the next 10 days. Find the murderer. Interesting in the case is the status of the
07:52Pinkerton detectives, who were employed soon after the tragedy by the National Pencil Company to solve
07:58the mystery. Recently, Pinkerton officials went to officers of the National Pencil Company, it is
08:03said, and asked if the Pencil Company desired them to continue the investigation. It was then,
08:09according to a report, that Luther Z. Rosser, counsel for the company, and for Leo M. Frank,
08:15who is held by order of the coroner's jury, told the Pinkertons to continue the probe.
08:19Find the murderer, Mr. Rosser is quoted as saying. Let the chips fall where they may. You are employed
08:26to hunt the murderer until he is found and convicted. It matters not who is guilty.
08:31The Pinkertons are cooperating with the local city detective department, and Superintendent Harry Scott,
08:37who has been on the case from the first, now has five men in the field, who are pursuing a
08:41vigorous
08:42investigation of the mystery. Witnesses examined. On Monday, Solicitor General Dorsey again devoted
08:48practically his entire time to the Fagan investigation. He was closeted most of the day
08:53with Detectives Campbell and Starnes, and together they interviewed a number of witnesses. Among them
08:58were several employees of the factory, notably Herbert J. Schiff, Assistant to Superintendent Frank,
09:04M.B. Darley, and E.T. Holloway, the day watchmen at the factory.
09:09The next day, the next day, the next day, the next day, the next day, the next day, the next
09:09day, the next day, the next day, the next day, the next day, the next day, the next day, the
09:09next day, the next day, the next day, the next day, the next day, the next day, the next day,
09:09the next day, the next day, the next day, the next day, the next day, the next day, the next
09:09day, the next day, the next day, the next day, the next day, the next day, the next day, the
09:09next day, the next day, the next day, the next day, the next day, the next day, the next day,
09:09the next day, the next day, the next day, the next day, the next day, the next day, the next
09:09day, the next day, the next day, the next day, the next day, the next day, the next day, the
09:09next day, the next day, the
