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  • 3 weeks ago
Wednesday, July 16, 1913

*Editor's Note: This article also ran in the Final (Box Score) Edition under the headline "State Finds New Frank Evidence."

Solicitor Declares Prosecution's Plans Are Unchanged—Doesn't Expect Conley Indictment.

That affidavits as sensational and direct against Leo M. Frank, accused of murdering Mary Phagan, as the Mincey statement was against the negro, Jim Conley, are in the hands of the State and will be substantiated by witnesses at the trial, July 28, was admitted by Solicitor General Hugh M. Dorsey Wednesday morning.

The Solicitor and Frank A. Hooper, associated with him in the prosecution, made it plain that in their opinion the Mincey affidavit had in no way hurt the State's case against Frank, and that they could anticipate no development that would make Conley instead of Frank the principal in Atlanta's greatest murder mystery.

They say they do not expect the Grand Jury to indict the negro before the trial of Frank, and do not hesitate to say that any move in that direction will meet with opposition from the Solicitor, who would necessarily have to introduce witnesses to secure the indictment.

State's Case Complete.

"The State's case is complete and will not be changed," said Solicitor Dorsey. "We investigated the allegations in the Mincey affidavit before and after Conley made the confession that he helped Frank dispose of the body of Mary Phagan. The defense has not looked into Conley's past and the possibility of his being the guilty man any more thoroughly than has my office. We have even set up a theoretical case around the negro, but it would not hold water when we weighed the evidence.

"We had several anonymous communications similar to the Mincey statement, and we investigated each one thoroughly. Our search always led to the same point and the same conclusions. We will go into the trial with Frank and not the negro as the accused, and on the eve of what will unquestionably be the greatest legal battle in the history of Georgia criminal courts we are confident our case will stand the strain.

The Solicitor put a corps of stenographers at work on the documentary evidence Wednesday. From the twelve typewritten books of more than 100 pages each he has edited the statements and cut out what would not be used at the trial.

Courtroom Set for Trial.

From the statements he selected the witnesses and the order in which he would introduce them, and the first of next week will call them again to his office to go over the ground with them thoroughly. Many of the witnesses who were examined at great length at the Coroner's investigation and one or two that went before the Grand Jury will not be used, because their evidence, while of value then, will be of no importance at the trial.

While the Pinkerton detectives are not actively at work on the case any longer, Solicitor Dorsey has kept two city detectives, Campbell and Starnes, constantly engaged.

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00:00Dorsey adds startling evidence. The Atlanta Georgian, Wednesday, July 16, 1913.
00:06Editor's note, this article also ran in the final box score edition under the headline
00:11State Finds New Frank Evidence. Solicitor declares prosecution's plans are unchanged,
00:17doesn't expect Conley indictment. That affidavits as sensational and direct against Leo M. Frank
00:23accused of murdering Mary Fagan, as the Mincy statement was against the Negro, Jim Conley,
00:28are in the hands of the state and will be substantiated by witnesses at the trial,
00:32July 28, was admitted by Solicitor General Hugh M. Dorsey Wednesday morning. The solicitor and Frank
00:39A. Hooper associated with him in the prosecution made it plain that in their opinion the Mincy
00:44affidavit had in no way hurt the state's case against Frank, and that they could anticipate
00:50no development that would make Conley instead of Frank the principal in Atlanta's greatest murder
00:55mystery. They say they do not expect the grand jury to indict the Negro before the trial of Frank,
01:00and do not hesitate to say that any move in that direction will meet with opposition from the
01:05solicitor, who would necessarily have to introduce witnesses to secure the indictment.
01:10State's case complete.
01:11The state's case is complete and will not be changed, said Solicitor Dorsey.
01:16We investigated the allegations in the Mincy affidavit before and after Conley made the
01:21confession that he helped Frank dispose of the body of Mary Fagan. The defense has not looked
01:26into Conley's past and the possibility of his being the guilty man any more thoroughly than has
01:31my office. We have even set up a theoretical case around the Negro, but it would not hold water when
01:36we weighed the evidence. We had several anonymous communications similar to the Mincy statement,
01:41and we investigated each one thoroughly. Our search always led to the same point and the same
01:46conclusions. We will go into the trial with Frank, and not the Negro as the accused, and on the eve
01:52of
01:52what will unquestionably be the greatest legal battle in the history of Georgia criminal courts,
01:56we are confident our case will stand the strain. The solicitor put a core of stenographers at work
02:01on the documentary evidence Wednesday. From the 12 typewritten books of more than 100 pages each,
02:07he has edited the statements and cut out what would not be used at the trial.
02:11Courtroom set for trial. From the statements, he selected the witnesses and the order in which
02:17he would introduce them, and the first of next week will call them again to his office to go over
02:21the ground with them thoroughly. Many of the witnesses who were examined at great length at
02:26the coroner's investigation, and one or two that went before the grand jury, will not be used,
02:31because their evidence, while of value then, will be of no importance at the trial.
02:36While the Pinkerton detectives are not actively at work on the case any longer,
02:41solicitor Dorsey has kept two city detectives, Campbell and Starnes, constantly engaged.
02:46Deputy Sheriff Plenty Minor, who will have charge of the courtroom during the trial,
02:51Wednesday began making his preparations. He announced that he would not put any additional
02:56seats in the courtroom, nor make any change except to arrange a table for the newspaper men,
03:01who, with the lawyers directly interested in the case, will be the only ones allowed inside the
03:07enclosure of the judge's bench. The benches outside the enclosure will not accommodate more
03:11than 300 spectators, and when this number is in the courtroom, the doors will be closed.

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