- 6 days ago
Saturday, June 7th, 1913
In Card to The Journal, Wife of Factory Superintendent Declares Solicitor Dorsey Has Approved Third Degree
"WE ARE SUFFERING NOW, BUT WHO WILL BE NEXT?"
Her Statement in Full—Conley Will Not Be Indicted as Accessory, but if Frank is Acquitted, He Will Be Tried
Mrs. Leo M. Frank, wife of the indicted pencil factory superintendent, Saturday afternoon sent The Journal a second statement in which she renews her charge that Solicitor General Hugh M. Dorsey and the city detectives are obtaining evidence in the Phagan murder case by torturing witnesses into giving testimony.
Mrs. Frank's statement is given out in reply to one issued Thursday afternoon by the solicitor. She declares that her negro cook, Minola McKnight, was arrested in violation of the criminal laws, because there was no charge against her and she was suspected of no crime.
"I do not wish to be in any manner bitter towards Mr. Dorsey, even in my feelings," declares Mr[s]. Frank, "because it is [m]os[t] perfectly clear that his action is dictated by a serious mistake of judgment, and my only purpose is to let the community understand as thoroughly as I can, in the interest of fairness to my innocent husband, that Mr. Dorsey is proposing to use third degree torture chamber testimony in an effort to take his life and that he thinks it is perfectly proper for him to do so."
MRS. FRANK'S STATEMENT.
Following is Mrs. Frank's statement:
"Atlanta, Georgia, June 7, 1913.
"Editor, Atlanta Journal,
"Dear Sir: I think fairness to Mr. Frank requires that the public should clearly understand Mr. Dorsey's position as stated by him in his card in the Constitution of June 6, and repeated in the papers yesterday, in reply to my statement that he proposes to use testimony which comes from witnesses as the result of torture.
"His real position, as gleaned from his card, can be stated in the following sentences which he employed:
"‘I have only to say, without in any wise taking issue with her in the premises as I might . . . that I welcome all evidence from any source that will aid an impartial jury, under the charge of the court, in determining the guilt or innocence of the accused.'
"That is to say, he thinks it unnecessary to waste time in disputing the fact that the detectives are procuring testimony from witnesses by torture. He considers this point immaterial. He believes he is thoroughly justified in using tortured testimony, if it is turned over to him, for he says: "I welcome all evidence from any source."
"The Journal and the Constitution stated that he had had my cook arrested and carried to his office and quizzed to such an extent as to drive her into hysterics and that after this he sent her screaming to the police station in the patrol wagon.
In Card to The Journal, Wife of Factory Superintendent Declares Solicitor Dorsey Has Approved Third Degree
"WE ARE SUFFERING NOW, BUT WHO WILL BE NEXT?"
Her Statement in Full—Conley Will Not Be Indicted as Accessory, but if Frank is Acquitted, He Will Be Tried
Mrs. Leo M. Frank, wife of the indicted pencil factory superintendent, Saturday afternoon sent The Journal a second statement in which she renews her charge that Solicitor General Hugh M. Dorsey and the city detectives are obtaining evidence in the Phagan murder case by torturing witnesses into giving testimony.
Mrs. Frank's statement is given out in reply to one issued Thursday afternoon by the solicitor. She declares that her negro cook, Minola McKnight, was arrested in violation of the criminal laws, because there was no charge against her and she was suspected of no crime.
"I do not wish to be in any manner bitter towards Mr. Dorsey, even in my feelings," declares Mr[s]. Frank, "because it is [m]os[t] perfectly clear that his action is dictated by a serious mistake of judgment, and my only purpose is to let the community understand as thoroughly as I can, in the interest of fairness to my innocent husband, that Mr. Dorsey is proposing to use third degree torture chamber testimony in an effort to take his life and that he thinks it is perfectly proper for him to do so."
MRS. FRANK'S STATEMENT.
Following is Mrs. Frank's statement:
"Atlanta, Georgia, June 7, 1913.
"Editor, Atlanta Journal,
"Dear Sir: I think fairness to Mr. Frank requires that the public should clearly understand Mr. Dorsey's position as stated by him in his card in the Constitution of June 6, and repeated in the papers yesterday, in reply to my statement that he proposes to use testimony which comes from witnesses as the result of torture.
"His real position, as gleaned from his card, can be stated in the following sentences which he employed:
"‘I have only to say, without in any wise taking issue with her in the premises as I might . . . that I welcome all evidence from any source that will aid an impartial jury, under the charge of the court, in determining the guilt or innocence of the accused.'
"That is to say, he thinks it unnecessary to waste time in disputing the fact that the detectives are procuring testimony from witnesses by torture. He considers this point immaterial. He believes he is thoroughly justified in using tortured testimony, if it is turned over to him, for he says: "I welcome all evidence from any source."
"The Journal and the Constitution stated that he had had my cook arrested and carried to his office and quizzed to such an extent as to drive her into hysterics and that after this he sent her screaming to the police station in the patrol wagon.
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Short filmTranscript
00:00Torture Chamber Methods Charged in Getting Evidence. Atlanta Journal, Saturday, June 7,
00:041913. In card to the journal, wife of factory superintendent declares solicitor Dorsey has
00:10approved third degree. We are suffering now, but who will be next? Her statement in full Conley
00:16will not be indicted as accessory, but if Frank is acquitted, he will be tried. Mrs. Leo M. Frank,
00:22wife of the indicted pencil factory superintendent, Saturday afternoon sent the journal a second
00:27statement in which she renews her charge that Solicitor General Hugh M. Dorsey and the city
00:32detectives are obtaining evidence in the Fagan murder case by torturing witnesses into giving
00:37testimony. Mrs. Frank's statement is given out in reply to one issued Thursday afternoon by the
00:43solicitor. She declares that her Negro cook, Manola McKnight, was arrested in violation of the criminal
00:49laws because there was no charge against her and she was suspected of no crime. I do not wish to
00:54be in any manner bitter towards Mr. Dorsey, even in my feelings, declares Mrs. Frank, because it is
01:00most perfectly clear that his action is dictated by a serious mistake of judgment, and my only purpose
01:05is to let the community understand as thoroughly as I can, in the interest of fairness to my innocent
01:11husband, that Mr. Dorsey is proposing to use third degree torture chamber testimony in an effort to
01:16take his life and that he thinks it is perfectly proper for him to do so. Mrs. Frank's statement.
01:21Following as Mrs. Frank's statement, Atlanta, Georgia, June 7, 1913, Editor, Atlanta Journal.
01:29Dear Sir, I think fairness to Mr. Frank requires that the public should clearly understand Mr.
01:34Dorsey's position as stated by him in his card in the Constitution of June 6, and repeated in the
01:39papers yesterday, in reply to my statement that he proposes to use testimony which comes from witnesses
01:44as the result of torture. His real position, as gleaned from his card, can be stated in the following
01:50sentences which he employed. I have only to say, without in any wise taking issue with her in the
01:55premises as I might, that I welcome all evidence from any source that will aid an impartial jury
02:01under the charge of the court in determining the guilt or innocence of the accused. That is to say,
02:07he thinks it unnecessary to waste time in disputing the fact that the detectives are procuring testimony
02:12from witnesses by torture. He considers this point immaterial. He believes he is thoroughly
02:17justified in using tortured testimony if it is turned over to him, for he says, I welcome all
02:23evidence from any source. The journal and the Constitution stated that he had had my cook
02:27arrested and carried to his office and quizzed to such an extent as to drive her into hysterics,
02:32and that after this, he sent her screaming to the police station in the patrol wagon.
02:37After she left his office, she was taken to the detective's torture chamber, and according to the
02:41Atlanta Constitution, she there had the third degree applied to her to the point of exhaustion,
02:46after which she made an affidavit, which the detectives or someone immediately gave out to
02:51the papers. The solicitor had no charge against this cook and did not suspect her of any crime,
02:57yet Mr. Dorsey waves this aside as a trivial matter, not worthy to be discussed by him because he says,
03:03I welcome all evidence from any source, clearly implying that he will take it from the torture chamber if it
03:09is offered to him, violated criminal laws. That he and the detectives violated the criminal law in
03:15arresting my cook when they had no charge against her and when they suspected her of no crime, I am
03:19told by
03:20lawyers, admits of no doubt. But this, Mr. Dorsey thinks, need not be discussed by him. While Mr. Dorsey thinks
03:27all this is entirely proper, it is the next thing to an impossibility to believe that many persons in the
03:32community will agree with him. Indeed, I would be surprised if a single individual could be found who would agree
03:37with
03:38him that he should use, even in the newspapers, torture chamber testimony to take away a man's
03:43life. When Mr. Dorsey introduces this third degree evidence to the jury, can it be supposed that he
03:49will at the same time tell the jury that it comes direct from the torture chamber? It is our time
03:54to
03:54suffer now. Can anyone tell whose turn will come next? I do not wish to be in any manner bitter
03:59toward
03:59Mr. Dorsey, even in my feelings, because it is so perfectly clear that his action is dictated by a
04:04serious mistake of judgment, and my only purpose is to let the community understand as thoroughly as I
04:10can, in the interest of fairness to my innocent husband, that Mr. Dorsey is proposing to use third
04:15degree torture chamber testimony in an effort to take his life, and that he thinks it is perfectly
04:21proper for him to do so. Mr. Dorsey and the detectives know that I cannot go on the witness stand
04:27and deny the
04:28affidavits they have published in the newspapers wrung from my cook in the torture chamber by the third
04:34degree process, because I am informed that under the law a wife will not be permitted to testify either
04:40for or against her husband. The law puts this absolute seal upon my lips, and my only recourse is
04:47in letting the community know the facts through the newspapers as far as I can. I know I cannot keep
04:53up
04:53with all the false affidavits and false rumors and innuendos that have been so industriously put in the
04:58newspapers, but I feel that I should call attention in this instance to Mr. Dorsey's position, which he so
05:03boldly justifies. Respectfully yours, Mrs. Leo M. Frank, won't indict Negro. Although the Fulton County
05:10Grand Jury meets again next Tuesday morning to take up criminal matters, there is said to be no
05:15probability of the jury's considering a bill against James Conley, the Negro sweeper, charging him with
05:21being an accessory after the fact of Mary Fagan's murder. In fact, there is little chance of Conley's
05:26being indicted on this charge until after the trial of Leo M. Frank, superintendent of the factory
05:32where Conley was employed. The natural inference from the fact that Conley will not be indicted by
05:37the Grand Jury until after Frank's trial is that should the state fail to secure a conviction, and
05:43any additional evidence is developed against Conley by the defense, then he can be indicted, not as an
05:48accessory, but as the principal in the murder. Nothing has developed to change the attitude of the state,
05:54but there has been no evidence to demonstrate to a mathematical certainty the guilt of any party.
05:59As a result, the attitude of the state is said to be quite flexible. If the state fails to secure
06:05a
06:05conviction of Mr. Frank, then the chances favor a charge of murder against the Negro. It has been
06:11said that the defense of Frank will try to show the Negro guilty of the crime, and additional evidence
06:16against the Negro will be produced by Frank's attorneys. Negro may face trial. If this should prove to be
06:22the case and Frank is acquitted, then the Negro is certain to face a trial for his own life.
06:27However, if the defense of Frank should fail to attack the Negro and Frank still be acquitted,
06:32even then the probability is that the Negro would be indicted as a principal and not as an accessory
06:38after the murder. In other words, developments of Saturday indicate that when Frank faces the jury in
06:44the criminal division of the Superior Court, the Negro Conley, his principal accuser, will be given a
06:50preliminary hearing. If Frank is found guilty, he escapes. If Frank is declared innocent, then he,
06:56Conley, will have to stand trial for his life. There has been much speculation about the legal
07:01right of the authorities to hold Conley, a witness in a state case at police headquarters, where the
07:07city is bearing the expense of his incarceration. Conley, soon after his sensational confession,
07:12was transferred to the tower from police headquarters, where he had been detained several weeks.
07:17The transfer was on an order from Judge L.S. Roan, holding the man as a material witness in
07:23the case against Frank. Conley remained only about 24 hours in the tower when he went to the
07:28solicitor's office on another order issued by Judge Roan. From there, he was carried by detectives to
07:34police headquarters, where he now is. Solicitor Dorsey was asked to explain the Negro's position
07:39Saturday, and his states that Judge Roan has issued an order permitting Conley to be detained at
07:44police headquarters. The order is said to have been taken at the request of the Negro himself,
07:49and by consent of his counsel, William M. Smith. Conley was not sweated Saturday. The chief of
07:55detectives states that the Negro will probably not be cross-examined again unless there are
07:59unforeseen developments. Trial June 30th. There is now little doubt that the case against Frank will
08:05be set on the Superior Court calendar for Monday, June 30th, by the Solicitor General. It is also quite
08:11probable that the actual trial will be entered into on that day. The criminal division of the
08:16Superior Court is seldom in session during the months of July and August, and should the defense
08:21attempt to postpone the hearing from June 30th, the trial of the case would go over until September,
08:27and it is not considered likely that either side will want such a long delay. It has been reported
08:32that Viola McKnight, the Negro cook at the Frank home, has disappeared, but Chief Lanford says that no
08:39report about her has been made to him. The woman is a witness located by the Solicitor General,
08:44and Chief Lanford says that he will make no effort to find her unless requested to do so by Mr.
08:49Dorsey.
08:50The rumor of the woman's disappearance has caused little comment, since she is not considered
08:54important as a witness. It has been stated that the defense of Frank is expecting to show at his trial
09:00that the elevator in the National Pencil Factory, where the tragedy occurred, was not operated on April 26th.
09:06Chief Lanford, on the other hand, is very confident that the state will be able to show conclusively
09:12that the elevator was in perfect running order on the day of the murder, and could have easily been
09:17run. It has not been learned in just what way the defense expects to show that the elevator did not
09:23run during that day. The point, however, is considered a very important one, since it would upset the
09:29state's theory, and the statement of James Conley that the body was carried to the basement in the
09:33elevator, if the defense can show that the car did not run on the day of the crime.
09:38Conley's record bad, says former officer investigations of the past record of James Conley,
09:43the Negro who says he helped L.M. Frank dispose of Mary Fagan's body, are said to have been underway
09:49for some days. The investigation is being made very quietly, and it is not known whether it is
09:54being conducted by detectives or friends of Frank. B.M. Brody, a former policeman who is now in
10:00business at 153 Decatur Street, states that according to information which he has received,
10:06Conley became enraged with his wife about three months ago and fired at her with a revolver.
10:11The bullet missed the man's wife, but struck another Negress, it is said, inflicting a slight
10:15flesh wound. Conley was not persecuted. It is also said that some years ago Conley pulled a pistol on
10:21A. Boss, a grocer now deceased, and threatened to shoot him. These and several additional charges against
10:27the record of the incarcerated Negro are being investigated.
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