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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.
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.
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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.
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