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  • 1 week ago
Sunday, June 22, 1913

Prominent Atlanta Lawyer Engaged to Aid in Defense of Pencil Factory Superintendent.

NO WHITE MAN KILLED GIRL, ASSERTS LAWYER

Formby and Conley Statements Should Not Be Given Credence So Far as They Tend to Incriminate Frank, He Says.

Reuben R. Arnold, perhaps the best-known attorney in Georgia, has been engaged to aid the defense of Leo M. Frank, the suspected pencil factory superintendent, in the Mary Phagan mystery. This announcement was made from his office yesterday afternoon.

In a statement that was furnished [to] each of the newspapers, Mr. Arnold attacks the detectives for their continued efforts to lay the Phagan murder at his client's door. He hoots at the credence which he says has been placed in Conley's story and in the sensational affidavit sworn by Mima [sic] Formby.

Asserting his anticipation of clarifying the situation in due time, Mr. Arnold says that in the evidence the prosecution holds against Frank there is no room whatever in which to believe him guilty, and that no white man committed the crime.

Injustice, Says Arnold.

He deplores alleged injustice done the suspected superintendent by reports circulated to the effect that Frank's friends had persuaded the Formby woman to leave town and by many other false rumors deliberately set before the public, he declares.

His statement follows:

"It is true that I have accepted employment to assist in the defense of Mr. Leo M. Frank, but I wish to state that before I agreed to take the case, I made it a condition that I should have time to study critically all the evidence delivered at the coroner's inquest and all the affidavits that have reached the public through the newspapers, so I could form an opinion for myself as to Frank's innocence or guilt. I would not defend any man if guilty of such a murder as the one in this case.

"After studying the evidence as critically as I can, I am satisfied that I hazard not a thing in saying that there is no room to believe Mr. Frank guilty of this horrible murder. I do not believe that any white man committed the crime.

"Indeed, it is surprising to me that the detectives should continue to try to put this crime on Frank with the positively incriminating affidavits of Conley before them. People of common sense, unless under great excitement, ought not to give a moment's credence to either the Formby or Conley statements in so far as they attempt to incriminate Mr. Frank.

"I see the detectives are gradually giving it out that Mrs. Formby will not be called as a witness, although her affidavit has been paraded before the public before the unqualified endorsement of the detective department as being perfectly reliable and true. Worse than this, as intimation was published in the newspapers that Frank's friends had persuaded her to leave town. In this and in many other ways our client has been done a very great injustice.

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00:00Frank, not guilty of Fagan murder, declares Arnold, the Atlanta Constitution, Sunday, June 22, 1913,
00:07prominent Atlanta lawyer engaged to aid in defense of pencil factory superintendent.
00:11No white man killed girl, asserts lawyer Formby in Conley's statements should not be given credence
00:17so far as they tend to incriminate Frank, he says.
00:20Reuben R. Arnold, perhaps the best-known attorney in Georgia,
00:24has been engaged to aid the defense of Leo M. Frank, the suspected pencil factory superintendent.
00:30in the Mary Fagan mystery.
00:31This announcement was made from his office yesterday afternoon.
00:34In a statement that was furnished to each of the newspapers,
00:38Mr. Arnold attacks the detectives for their continued efforts to lay the Fagan murder at his client's door.
00:44He hoots at the credence which he says has been placed in Conley's story
00:48and in the sensational affidavit sworn by Mima Formby.
00:52Asserting his anticipation of clarifying the situation in due time,
00:56Mr. Arnold says that in the evidence the prosecution holds against Frank,
01:00there is no room whatever in which to believe him guilty
01:03and that no white man committed the crime.
01:06Injustice, says Arnold.
01:07He deplores alleged injustice done the suspected superintendent
01:11by reports circulated to the effect that Frank's friends had persuaded the Formby woman to leave town
01:16and by many other false rumors deliberately set before the public, he declares.
01:21His statement follows,
01:22It is true that I have accepted employment to assist in the defense of Mr. Leo M. Frank,
01:27but I wish to state that before I agreed to take the case,
01:30I made it a condition that I should have time to study critically
01:33all the evidence delivered at the coroner's inquest
01:36and all the affidavits that have reached the public through the newspapers
01:40so I could form an opinion for myself as to Frank's innocence or guilt.
01:44I would not defend any man if guilty of such a murder as the one in this case.
01:48After studying the evidence as critically as I can,
01:52I am satisfied that I hazard not a thing in saying
01:55that there is no room to believe Mr. Frank guilty of this horrible murder.
01:59I do not believe that any white man committed the crime.
02:02Indeed, it is surprising to me that the detectives should continue to try to put this crime on Frank,
02:07with the positively incriminating affidavits of Conley before them.
02:11People of common sense, unless under great excitement,
02:14ought not to give a moment's credence to either the Formby or Conley statements
02:18insofar as they attempt to incriminate Mr. Frank.
02:20I see the detectives are gradually giving it out
02:23that Mrs. Formby will not be called as a witness,
02:25although her affidavit has been paraded before the public
02:28before the unqualified endorsement of the detective department
02:31as being perfectly reliable and true.
02:34Worse than this, as intimation was published in the newspapers
02:37that Frank's friends had persuaded her to leave town,
02:40In this, and in many other ways, our client has been done a very great injustice.
02:44The effort seems to have been not to find the criminal,
02:47but to try by all means to put the crime on Frank.
02:49However, I think we will be able to clarify the situation in due time.
02:53Trial will be in July.
02:55Indications at present are that the trial of Leo M. Frank
02:58for the murder of Mary Fagan will be held not on June 30th,
03:01as previously indicated, but on either July 14th or 28th.
03:06Solicitor Hugh Dorsey is out of town
03:07and is expected to return sometime today.
03:10It remains for him to set the date of the trial,
03:12and then there is a probability that the defense will ask for a postponement.
03:16It is understood that the jail will not be cleared of those waiting for trial by June 30th,
03:21and it is hardly probable that the state would enter into a long trial
03:25before clearing the jail as much as possible of short cases.
03:29The fact that Judge L.S. Roan, who, by special appointment,
03:33presides over the criminal division of the Fulton Superior Court,
03:36will not have to hold court in the Stone Mountain Circuit
03:39during either the week of July 14th or July 28th,
03:43makes it possible that the trial will be set for this date.
03:46but for what the trial is required,
03:46réalis that the trial will be set for tungsten,
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