Sunday, 27th July 1913 All in Readiness for Frank’s Trial Monday Morning

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Greatest Legal Battle in the History of Dixie Is the Prediction of Atlanta Attorneys.

ATTORNEYS FOR STATE HOLD FINAL CONFERENCE

Representatives of Leo Frank Still Non-Committal About Report That Postponement May Be Asked.

Practically every detail for the trial of Leo M. Frank has now been completed and with the state declaring its readiness and determination to go to trial and the defense maintaining its same silence in regard to the much mooted matter of postponement, everything awaits the calling of the case at 9 o'clock Monday morning in the criminal branch of superior court before Judge L. S. Roan.

In far more than one way the trial of the young factory superintendent for the murder on April 26 of Mary Phagan, an employee, is expected to exceed any criminal trial in the south.

Extensive preparations have been made by both the state and the defense since Frank was bound over by the coroner's jury on May 8 and, since then the lines of the two armies which will fight the legal battle to determine his fate have been gradually thrown out and maneuvering has been going on for advantageous points.

Greatest Legal Battle.

When the clash actually comes in the court room Atlanta attorneys freely predict that the greatest legal battle of southern history will be seen.

Solicitor Hugh M. Dorsey held a final conference Saturday afternoon with those who have been aiding him. Assistant Solicitor E. A. Stephens and Attorney Frank A. Hooper, who will aid in the legal fight, were present, and also Detectives Pat Campbell and John N. Starnes, who have been practically attached to the solicitor's office during the preparation.

At the close of the conference the solicitor announced that he had made every preparation, and would take a good rest today in order to be in physical readiness for the severe strain of next week. "Go home and sleep well tonight and go to church tomorrow and pray that the right side may win," were his parting words to Attorney Hooper, who answered, "Well, Hugh, I always done that before I entered a big case, an' I've always left it to the Lord to decide which was the right side."

When the solicitor and his assistants left his office the books and papers which the solicitor will carry into court with him Monday had been wrapped up and placed in the safe to be taken out before going to court.

Defense Non-Committal.

On the side of the defense Attorneys Reuben R. Arnold, Luther Z. Rosser and Herbert Haas have very little to say. To the query as to the probabilities of their asking for a continuance the answer invariably is, "We are not in a position to make a statement now."

It is not believed that the defense will announce its intention until Clerk John H. Jones actually calls the name of the defendant in court.

It is known, however, that the defense has been working for the past two days in closing up the final gaps and bringing together the last stray bits of evidence with as much zeal as though they fully intended to go to trial.

Witnesses for the defense have been summoned to the number of 150 or more, and these summonses have been served by attaches of the lawyers who will defend Frank.

While it is said that practically all of the witnesses for the defense have been served with subpoenas and thus must come into court or face contempt proceedings, it was said Saturday that several had not been formally served and that efforts were unavailing to reach one witness.

One Witness Missing.

This man, about the material value of whose testimony the defense will give no inkling, is said to have joined the navy and been sent away from Atlanta within a short time ago. Whether he did this out of love for Uncle Sam's ocean life or whether it was because he desired to avoid the tiresome task of waiting each day to be called upon to testify is not known.

As to whether or not his absence would give grounds for a continuance lies in the value of his testimony, as were he a material witness the case would in all probability be delayed until he could be brought back to Atlanta.

In the courtroom itself preparations are complete to the last detail. Extra benches and chairs have been placed in the room until every available seating space is filled up, and the judge has announced that when these are filled that his deputies will be required to exclude others who may desire to enter.

Courtroom Will be Cool.

As a means of keeping the air fresh and cool eight electric fans have been installed about the walls of the room and seven ozonators have been placed in various parts of the room. The latter machines, which are a novelty to the average man, are somewhat on the pattern of those machines used by rescuers in mine disasters and by an electrical process free oxygen and send it forth to supply that which the people in the courtroom have used up.

Deputy Sheriff Plennie Miner and Lon Burdett with a corps of assistants will be in direct charge during the trial. Judge Roan has given them strict orders about handling the crowds that are expected.

On Saturday Deputy Miner asked that the following announcement be made in regard to conditions which will prevail. Inside the rail which surrounds the judge's desk the lawyers and principals will be allowed, and a table in one corner has been reserved for the press.

In the seats reserved for spectators anyone who comes in early enough will have a seat. No one will be allowed to stand, as there is no room left which is not taken up by chairs, except that reserved for the aisles.

Theoretically every citizen of Fulton, or any other county, has a right to attend the hearing, and theoretically every bona fide member of the Atlanta bar has a right within the railing. On account of the physical impossibility of accommodating everyone within the confines of the courtroom many will have to be excluded.

There Will Be No Space.

"I want to ask my good friends to maintain perfect quiet and order," said Deputy Miner in his usual soft drawl, "an' I want them to remember that when I ask them to stand back and not try to come in, it's because there is no space for them an' not because I have any desire to keep them out. I wish every one who wants to hear the case could do so, but they can't, an' it's for the sake of the folks who can't get in that I have reserved a table and seats for the newspaper men who will report the trial."

Deputy Miner practically finished serving the veniremen on Saturday and the list of the 144 names drawn Thursday from the jury box was made public.

From the 144 veniremen drawn from the jury box the lawyers will select the jurors. Provided that this list is exhausted before twelve men are chosen other venires may be drawn, for talesmen may be brought into court by the deputy sheriffs.

It is expected that more than the 144 men drawn will be required before the jury is picked, as numbers of these men will have formed conclusions one way or the other, while possibly many others will state that they oppose capital punishment. When the venireman states that he has formed a conclusion or opposes capital punishment he is thereby removed from the list. Other reasons may strike many more off the list, while the state has the right to strike ten names arbitrarily and the defense may strike twenty in a similar way. In the list which was given out by the court officers Saturday the addresses are given for all but nine veniremen.

Frank Veniremen.

The list follows:

C. A. Virgin, Kirkwood.

J. D. Hardy, College Park.

J. M. Defoore, East Point.

Bud Waits, College Park.

W. W. Sorrells, Hapeville.

Sol Benjamin, 348 Whitehall street.

P. H. Miller, Peachtree district.

C. J. Bosshardt, 215 Bryan street.

W. S. Copelan, Oak Grove.

O. T. Camp, president Camp Grocery company, 309 Oakland avenue, also 277 Grant street.

A. W. Brewerton, catroonist, Journal, 45 West Peachtree place.

F. W. Stone, 82 East Linden street.

W. H. Wynne, 196 Cleburne avenue.

W. A. Abercrombie, Blackhall district.

R. G. Elliott, Atlanta Agricultural Works, Glendale.

T. C. Lauren, tailor, 13 Decatur street.

L. E. Smith, Hapeville.

C. T. Hopkins, Jr., sales agent Forrest & George Adair, 403 North Boulevard.

W. D. Cates, South Bend.

R. F. Shedden, Mutual Life of New York, Grant building, 20 East Linden street.

T. G. Young, foreman Georgia Railway and Power company, 42 Loomis avenue.

D. D. Henry, 178 Oakland avenue.

Howard Oliver, College Park.

H. E. Lackey, 4 Rosedale avenue.

James F. Hasty, Collins district.

Alfred Barilli, Jr., architect, Grant building.

O. L. Spurlin, 156 Lawton street.

A. H. Henslee, 74 Oak street.

Thomas D. Meador, Imperial hotel.

R. E. Biggers, carpenter, 745 Glenn.

F. V. L. Smith, Empire building, 481 Cherokee avenue.

R. L. Cliett, 58 Boulevard place.

H. R. Callaway, 691 Piedmont avenue.

A. J. Shide, 45 Lucy street.

F. A. Hull, 60 Milledge avenue, 130 Grant street.

Edward E. Hawkins, Collins district.

H. D. Hurlbut.

S. J. Mc Dowell, street car conductor, 80 Waddell street.

W. W. Brown, 107 Peachtree place or 217 Glenwood avenue.

Edwin F. Johnson, vice president Appeal Publishing company, 176 West Peachtree street.

J. L. Fulghum, Hapeville.

W. C. Willis, East Point.

H. C. Hasty, manager of collections National Cash Register company, 261 Jones avenue.

George Law Summoned.

George R. Law, 4 Whitehall street, residence 205 Ashby.

F. M. York, brick mason, 221 Cooper street.

A. H. Cook, carpenter Atlanta National bank, 252 East Georgia avenue.

Charles H. Candler, 114 Elizabeth street.

George R. Wall, 139 Hill street.

S. C. Owens, East Point.

J. C. Henderson, salesman 60 Peachtree, residence 413 Piedmont, also 332 Houston.

J. W. Heisman.

D. M. Brown, Colege Park.

W. J. Brooks, 224 East Fair, clerk Seaboard.

R. J. Baldwin, Hapeville.

D. Townsend, paying teller Central Bank and Trust corporation, 84 Whitehall terrace.

R. A. Thompson, 152 Ashby, 549 Peachtree street, 199 Cooper street, 79 Mc Lendon avenue.

C. C. Thorne, general agent Equitable building, 135 East North avenue.

C. A. Vaughn, Collins district.

R. A. Palmer, 68 Austin avenue.

Ben F. Willis, Cooks district.

C. M. Patten, Hapeville.

Carl Weinmeister, superintendent gas mains, 27 Elbert street.

S. L. Miller, manager Atlanta Granite company, 27 Fraser street.

Henry L. Solomonson, 71 Sells avenue.

C. S. Johnson, 140 Gaskill street.

L. A. Hendon, bookkeeper Royal Insurance company, 91 West Fifth street.

W. S. Medcalf.

Homer C. Ashford, 83 East Fifth street.

E. C. Wachendorff, architect, Empire building, 22 Willow street.

Nicholas Ittner, 234 Forrest avenue.

J. C. Harrison, 304 Capitol avenue.

W. H. Hudson, 298 Myrtle street.

H. Maness, 47 Bell street.

G. R. Jilner.

John S. Head, Oak Grove.

C. H. Allen.

V. N. Carroll, 1292-A Marietta street.

Insurance Man Called.

Robert Schmidt, insurance, Temple Court building, 195 Angier avenue.

T. F. Barber, 281 East Georgia avenue, 10 Clifton street.

H. B. Chamberlain, Peachtree district.

O. Wingate, 328 Edgewood avenue.

T. E. Winslow, rooms 29 Boulevard terrace.

C. A. Withers, rooms 15 Simpson street.

A. W. Wafford.

W. F. Burdett, Buckhead district.

H. H. Kelly, Blackhall district.

M. A. Lang.

John W. Bowlin, Collins district.

C. W. Gittens, Hapeville.

H. T. Ferguson, machinist, 332 East Georgia avenue.

W. L. Merk, contractor, 108 Grant street.

G. F. Hardy, 514 St. Charles avenue.

F. E. Walker, 610 North Boulevard.

E. L. Connally, 53 Ashby street.

T. B. Sale, conductor Seaboard Air Line, 136 North Moreland avenue.

Elmo Moore, East Point.

W. S. Gaston, 481 Whitehall street.

C. L. Asbury, 44 Park avenue.

J. W. Chatham, stonecutter, 132 Jones avenue.

C. W. Seagraves, Collins district.

J. A. Mc Crary, 78 East North avenue.

L. A. Helms, real estate, 253 Forrest avenue.

T. J. Henderson, carpenter, 25 Woodson street.

L. F. Davis, auto garage, 148 Bellwood avenue.

David Woodward, 655 Peachtree street, president Woodward Lumber company.

J. E. Betterton, College Park.

J. H. Holcomb, Oakland City.

M. J. Sewell, East Point.

J. F. Higdon, contractor, 108 Ormond avenue.

F. E. Winburn, 213 Lucile avenue.

Charles Witherspoon, 23 Vedado way.

Walter H. Scott, meats and groceries, 205 Little or 215 Gordon, cashier National Biscuit company.

H. J. Kuglar, South Bend.

T. J. Hale, South Bend.

J. P. Hays, South Bend.

A. L. Wisbey, 31 Hood street, cashier Buckeye Oil company.

E. L. Winn, real estate, 502 Peters building, 1210 Peachtree street.

Joel Hurt, Equitable building, 85 Elizabeth.

W. H. Abbott, 224 Rawson, deputy clerk superior court.

K. P. Mason, Peachtree district.

W. M. Jeffries, Collins district.

Boyd Perry, insurance, 537 North Boulevard.

M. Johenning, foreman, 271 Marietta street, 161 Jones avenue.

M. S. Woodward, salesman King Hardware company, 132 Park.

Samuel Schoen, 214 Washington, hides and tallow.

W. F. Wingleton (Singleton).

Earl Davis, Collins district.

C. F. Cantrell, 1 South Gordon, buyer Keely company.

W. M. Donehoo, Buckhead district.

John W. Woodruff, clerk railway mail, 58 Cooper street.

David W. Perdue, Collins district.

George Mathieson, Buckhead.

S. J. Hayles, 20 Flatshoals avenue.

John W. Alexander, 439 South Pryor street.

John W. Collier, real estate, 81 Washington.

J. E. Redd.

Y. R. Norris, Blackhall district.

W. W. Hammett, salesman, 34 Decatur.

A. F. Bellingrath, plumber, 91 Milledge avenue.

D. Berger, groceries, 378 Capitol avenue.

E. A. Massa, manufacturer, 305 East Fair street.

J. T. Osburn.

J. H. Gilbert, South Bend.

H. H. Jones, street car conductor, 69 East Ashland avenue.

A successful financier is one whom everybody claims to have known when he didn't have a dollar to his name.

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How Detectives Trailed Clues in Phagan Murder Case

Reading from left to right, top row: Detectives W.F. Harper, John Black, Harry Scott.

Bottom row: W. T. Chewning and Bass Rosser. Group picture is of Chiefs Beavers and Lanford escorting Frank from police headquarters.

By BRITT CRAIG.

Anybody but a detective would have given up his job if the boss had ordered him to catch the murderer of Mary Phagan. Nobody but a detective would have undertaken such a task with a conscientious view of ultimately carrying out the order.

There are two things absolutely necessary to the success of a criminal investigator patience and persistence. Without both, the detective ceases to be a detective and becomes a humbug. Then, too, there is something else that is just as essential. It's labor, undiluted, labor, the kind that reeks the ditch-digger's forehead with sweat and wrinkles the brow of the clerk.

If you were to ask the successful detective to find a needle in some particular haystack, he'd take the job. First, he'd ask if the needle was really there. Convinced that it was, he'd convince you it could be found, and forthwith set about to find it.

He'd go at it logically, of course, like all good detectives go at their work, and his search for the elusive needle would be by sorting out every straw in the stack examining them one by one until he had inspected every single straw or had found the needle. If it failed to be found, he wouldn't go buy another needle and say "Here's the one that was in the haystack;" he'd say it couldn't be found.

And, very likely, it couldn't be.

There are no such things as Sherlock Holmeses or Nick Carters that is, outside fiction and the stage. The average detective is only a plain, ordinary individual, with common horse sense, an insight into human nature and a liberal aptitude for hard work. For instance, John Starnes, Solicitor Dorsey's right-hand man, used to work around the car barns, and John Black, for whom Harry Scott could not have done without, once was a cooper in a brewery.

Detectives Minus Disguises.

There is no air of mystery about them, and nothing that smacks of occult science. If you didn't know them and met them on the street, you'd suspect they were just everyday business men on the way home or to work, with no other missions in life than the maintenance of a happy home and the keeping of a respectable job. They don't wear false whiskers and smoke pipes and inspect you with an uncanny eye. They're merely ordinary folks, with ordinary thoughts and talents.

No undertaking has been more stupendous than the assignment to catch Mary Phagan's slayer, which Chief Lanford gave to his men that tragic Sunday morning. Nothing appeared more difficult, more baffling. It was as though instructions had been given to find out who built the Sphinx or dug Mammoth cave.

There was nothing on which to work except the two lone clues the murder notes and the fact that the body had been found in the National Pencil factory. More desolate prospects have never been faced by police headquarters. The chief's men set out on the case like starting for the rainbow's end which is fit but incongruous comparison.

But it is the job of a detective to find anything that's findable. Mary Phagan had been murdered by somebody. That somebody was somewhere. He could be found some way or other, and it happened to be up to headquarters to find him. The public arose in a unit and said so, and, being as the public was headquarters' bread and butter and boss, they had it to do.

Therefore, when the chief called John Starnes, Bass Rosser, Bill Harper, John Black and Pat Campbell into consultation that morning and said, "Boys, get out and get that man, whoever he is," the quintet answered in chorus, "All right, chief." Which meant a whole lot more than it sounds.

Public Clamor for Action.

They began on a case that was as empty as a dream. An impatient public clamored for vengeance. As publics are prone to act, it yelled and howled for the murderer, insisting that the detectives go right out and round him up, as though man-killers were to be brought in like cows being brought from the pasture.

It meant work, work, work worlds of work without cease. It means persistence and patience and endurance. A detective must have stamina as well as anything else, and plenty of it. He has to have it. It is absolutely necessary. His determination is a kind that spurs him on with assurance that if he works long and hard enough he eventually will "bring home the bacon."

When the newspapers spread word of the tragedy to every inch of ground that represents Atlanta, and its horror began to ferment in the public mind, clues seemed to spring up from everywhere. They came to headquarters by telephone and messenger. They floated down in every conceivable way, deluging the place with more clues than the place knew what to do with.

A hundred persons had seen Mary Phagan just before her death. A hundred more had seen her that night. Everybody seemed to know something or other about Mary and her death. Word came that she had been seen in all parts of the city, when, in truth, her body had lain cold and rigid in the basement blackness.

Thousands had stories to tell, suggestions to make, theories to advance. Atlanta in general, it seemed, was selfishly desirous of having something to do with the Phagan case and of helping the detectives find her murderer. It served to handicap the detectives the more.

Sorting Out the Clues.

Every available clue was run down with infinite thoroughness. The sequel was found to every story. Plausible theories received as much attention as the murder itself. Nothing was overlooked. Thousands of miles were covered within the city limits. The truth was learned of every tale that reached headquarters, matter not how inconsequential it proved to be. Detectives worked night and day, and slept only when they had to.

Each man seemed to feel a personal responsibility for the murder. He felt it his individual duty to bring her slayer to bay. It is one of the instincts of the police detective by that, the good ones are meant. A bad detective is a cancer in a department.

The finding of the slayer didn't mean so much science or magic as it meant labor and thoroughness. It was a plow-mule kind of labor, and thoroughness the kind the government expects of its servants. There was no "laying down," no quitting the job, no letting go this or that merely because it looked empty or unnecessary.

For days and days that seemed endless, the detective department floundered in a bewildering sea of countless clues that sprang up as though at the word of a genii. Every single one needed proportionate attention. In their raw state, one was prospective of meaning as much as another. Ferreting Phagan clues was similar to following a strange woodland path. Nothing was known of the end until the end was reached.

It required walking from one end of town to the other, hunting folks and questioning them, shadowing them and finding them. It required everything that constitutes work rapid work and the man who spitefully said the detective bureau resembled a collection of truck-horses didn't miss it far, at that, although he didn't mean it that way.

Two Men Which?

Finally matters assumed manageable shape. Things began to look clearer, more comprehensible, and clues began to diminish with time. It became possible to wipe away the moss and tangle-growth and get a strangle hold on the case. Affairs moulded themselves into definite form, and, as a result of purely patience, persistence and truck-horse labor, have narrowed themselves down to two men Leo Frank and Jim Conley.

The one confessed the other the accused. Which is graphically remindful of that Biblical passage pertaining to the sweat of the brow earning the bread.

Of all the men who worked in the Phagan investigation, Harry Scott, field manager of the Pinkertons, was undoubtedly the most successful. It was he who engineered the third degree which exacted the confession from Conley. He was retained by the accused, Frank, on the Monday following the murder's discovery. A few hours later Frank himself was arrested.

Scott operated in co-operation with the police department through John Black. He assisted in the third degree under which the factory superintendent was placed, and superintended much of the work created at police headquarters.

Scott has been a criminal investigator for seven years, during all of which time he has been associated with the Pinkertons. He entered the profession upon leaving college. He is a native of Pennsylvania, and in Philadelphia was assistant superintendent of the Pinkerton offices.

Two years ago he was transferred to Atlanta, where his position is virtually that of assistant superintendent. He is only 27 years old, and is married. Greater credit, perhaps, has been accredited him in the Phagan case than any other operative.

Headquarters' Star Man.

The reputation of John Black, the headquarters man who was associated with Scott, is too well and widely known for comment. He is headquarters' star investigator, although his detective experience dates back only four years. He was promoted from the rank of patrolman after having been in the department two years.

He is 40 years old, and is the father of a family. Prior to joining the police force he was a cooper in employ of the Atlanta Brewing and Ice company. He was a partner of George Bullard in the solving of the famous Druid Hills murders which sent two to the scaffold, and was associated with Bullard and Scott in ferreting the Gilsey diamond robbery, for which three were convicted.

Black also co-operated with Scott in obtaining the Conley confession. He was an invaluable aid to the Pinkerton man, and received similar credit for success achieved in the Phagan investigation.

John Starnes and Pat Campbell, who appear as prosecutors of Leo Frank, have been detailed to the case since a few hours after the body had been found. Starnes was summoned at daybreak from his home, and reported for duty at the scene of the discovery. In fact, he was first to begin work on the mystery.

He and Campbell have been associated with the solicitor general following the close of the inquest. The silence and smoothness of their operations and perfect "teamwork," counted with the results obtained, created a regard for their services which caused the solicitor to retain them throughout the investigation.

Hint of Secret Evidence.

They were completely detached from headquarters, and interviewed probably more witnesses than any other figures in the investigation. It is hinted that the prosecution possesses weighty evidence which has never escaped the solicitor's office. If this be the case, Dorsey has practically admitted that credit should be laid at the door of Starnes and Campbell.

Starnes is suave and polite. He is the most immaculate attach to Atlanta's detective department, and has the appearance of a moderate business man. Before entering the police department, he was connected with one of the city's car barns. His age is 69, although he doesn't look a day over 40.

Eight years ago he was promoted from patrolman to detective duty, after having been on the force less than two years. Campbell is three years younger. He is an ex-saloon keeper, and has been in the department four years, two of which have been devoted to detective service.

S. L. Rosser, the headquarters detective, is the investigator who obtained the famous Monteen Stover affidavit in which she testifies to the visit she made to the pencil factory at 12 o'clock on the tragic Saturday, finding the office empty at a time Frank swears he was sitting at his desk.

Rosser is a man of 40, with twenty years of police experience. He was promoted to the detective bureau two years after enlistment. He was formerly attached to the Donald camps, in a clerical capacity, to which he had risen from the rank of guard. At present he is the only man working on the case directly from headquarters.

Many "Third Degrees" Workers.

Bill Harper, who has gained an inviable reputation as criminal investigator, was a conspicuous figure in many of the third degrees practiced throughout the Phagan mystery, particularly those to which Newt Lee and the first suspects were subjected. He is a department partner of John Black and is 45 years old. He has been connected with the bureau for six years, having been promoted after four years of police duty.

W. T. Chewning, who, with his partner, J. N Norris, obtained the sensational Formby affidavit, is the only man associated with the investigation who achieved higher uniform rank than that of patrolman. He served five years as sergeant, after which he was elected to the bureau.

He is 43 years old, and, before becoming a policeman, was a barber by trade. He and Norris were conspicuous figures in the case, and, at one time so much interest was being centered in that particular phase, being in command of the squads who searched Marietta and surrounding community for the "Mysterious Girl in Red" who was rumored to have been to the factory with Mary Phagan.

All these men will testify before coming Frank trial, and then you'll be able to see for yourselves just what they look like these detectives who solved the Phagan case.

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Phagan Trial Will Be Great Legal Battle

By VERNON STILES.

One of the most spectacular battles in the legal history of Georgia is expected to open up tomorrow morning when the case of the State versus Leo M. Frank for murder is formally begun and the superintendent of the National Pencil factory goes on trial for the murder of little Mary Phagan, an employee whose dead and bruised body was found in the factory basement by police officers one bright Sunday morning in April.

Since that Sunday morning when The Constitution's exclusive extra appeared upon the streets, telling the simple story of the crime and of how Newt Lee, a negro night watchman, had called police headquarters at 3:15 o'clock that morning and informed the officers that he had found a dead body in the basement, Atlanta people and those from many other sections have been talking of almost nothing else.

Every bit of news, from the arrest of Lee, who is yet held, having been bound over, but never indicted by the grand jury, to the arrest of J. M. Gantt and of Arthur Mullinax, of Frank and finally of the negro sweeper, James Conley, has been seized upon with avidity.

The horror of the crime upon the little girl seemed to have impressed itself upon the people at large almost as strongly as it did upon those few who went to the basement that morning and saw the body as it lay there.

Various developments the freeing of Gantt and Mullinax, the alleged confession of Conley to aiding Frank in disposing of the body, and the various other sensational affidavits which have been made public have been eagerly seized upon by the public.

Great Legal Battle Over Frank.

Leo Frank is the only man at present under indictment for the crime, and while the various sides of the case have developed, some of the shrewdest lawyers in the country have been planning on one side his conviction and death on the gallows, while on the other side, his acquittal has been as industriously planned.

Leo Frank was arrested a few days after the crime, and, realizing the seriousness of the charge, he sought legal advice at once. His friends and relatives are persons of wealth and influence and legal talent of the highest order in the state has been employed to defend him from the hideous charge.

Luther Z. Rosser was first called and later Herbert Haas, a younger lawyer and one of less experience, but of much legal ability, was selected to aid in the defense. Not satisfied, these men sought out the legal advice of another lawyer who is noted throughout the state for success in criminal cases, and Reuben Arnold joined forces with the defense.

Attorney Rosser, despite his legal reputation, has "hobbies," like any other human. Hobby No. 1, which the "lino man" would spell with "caps" if he knew the Redoubtable Rosser, is a hatred of having his picture taken. He loves a camera like a bull does a red flag. "Oh, I just hate pictures; never have 'em taken," he told The Constitution reporter who ventured to ask him to pose."

Hobby No. 2 pertains to a hatred for cravats, which nearly vies with that of pictures, and the other is a big, black cane, that is as much a part of Mr. Rosser as is his legal ability and his dogged pertinacity in fighting a case.

The Constitution photographer, however, "snapped" one of Mr. Rosser when he was an "angel unaware," and it might be mentioned that it was a good thing for the photographer that Mr. Rosser was "unawaring" at the time, for a story is going the rounds of how he chased out of his office with that cane of his a photographer of another paper who stuck his head in the door and poked the machine at him.

Other Than Luther Rosser and Reuben Arnold, no men in Georgia are better known for successful criminal practice except possibly John W. Moore, who with his partner, J. A. Branch, successfully defended Mrs. Daisy Grace on the charge of shooting her husband, Eugene Grace, and later Mrs. Callie Appelbaum on the charge of murdering J. A. Appelbaum, her husband.

Since counsel was employed for Frank a persistent rumor has gone the rounds that John Moore was one of Frank's counsel. The rumor has been as persistently denied both by Mr. Moore and by the acknowledged counsel and the former has taken no public part in the case.

However, it is known to several that Mr. Moore was called from his own office to that of Mr. Rosser, when attorneys Rosser and Arnold were preparing a statement in which they criticized the attitude taken by Solicitor General Hugh M. Dorsey in regard to the proposed indictment of the negro Conley, and it is generally understood that Mr. Moore has given then his wonderful knowledge of criminal law many points to the defense.

Dorsey Heads State's Side.

On the side of the state, Solicitor Dorsey is the principal counsel and has worked on the case from the day that Leo Frank and Newt Lee were bound over by the coroner's jury. As solicitor general of the Fulton superior court, Mr. Dorsey has had a world of experience in criminal cases and before that time he had made an enviable reputation for himself.

To aid him in gathering together evidence desired from the mass of detail, and presenting it to the court, he has two men to assist him, they are his assistant, E. A. Stephens, who has worked with him from first, and Attorney Frank A. Hooper, a man who holds as high a reputation as any in Georgia for success in legal practice.

The case will be called tomorrow morning and at that time the mooted question of its postponement will be taken up. During the past week much has been said of the possibilities of a second postponement. Solicitor has stated vigorously that he wished the case to begin on the date set. Attorneys for Frank have made no definite statement, except Mr. Arnold, who declared that to try such a long case in the heated weather would be a terrific strain on all concerned. Judge Roan stated last week that if Monday proved as hot a day as was the Saturday a week ago when the heat wave reached its highwater mark that he would be willing to postpone the case. The matter will be taken up in open court Monday.

LUTHER Z. ROSSER, Who, with Reuben Arnold, represents Leo M. Frank.

Photos by Francis E. Price, Staff Photographer.

Top row, left to right: Solicitor General Hugh Dorsey and Reuben Arnold, attorney for Frank. Bottom row: Frank A. Hooper, aiding prosecution, and Assistant Solicitor General E. A. Stephens.

Legal Giants to Meet in Court.

That a brilliant legal battle will be fought when the case opens is common knowledge to all who know the lawyers in the case, and tomorrow out of the many who seek to get a place in the courtroom there will be as many drawn by the desire to watch the way in which the counsel will handle the case as there will be those drawn by the innate morbidness in human nature which loves to watch the excruciating trial of a man whose life hangs in the balance.

The trial to decide Frank's life is due to be held on the first floor of the old city hall building where, pending the completion of the new courthouse, a civil branch of the superior court sits. Ordinarily criminal cases are tried before Judge Roan on the fourth floor of the Thrower building, temporarily used by several branches of the court, but owing to the low ceilings and to the lack of proper ventilation in this room, Judge Roan has announced that the place of trial will be changed.

A trial is necessarily a public affair, in order that decency and fairness may be guaranteed, and only in cases where public decency demands it are any persons excluded from the courtroom. Theoretically, everyone is entitled to attend the Frank trial, but on Monday morning it is expected that more people will be gathered outside the doors than can enter the rather small room where the trial will be held.

Arrangements have been made by Deputy Sheriff Plennie Miner and his corps of assistants to allow the entry of those directly interested in the case, including the judge, the veniremen, lawyers, the principal and certain members of his family and the prosecutors and newspaper men actively engaged in reporting the case.

Great Crowd Expected.

Seats have been prepared inside the railing around the judge's desk for all of the above with the exception of the veniremen and none of the spectators will be allowed inside this railing. In the other part of the room are ranged benches and the crowd will be allowed to file in until these seats are taken. Then, on account of the heated term of the year and the desire to keep the air as pure as possible and not to cause disorder by too large a throng, the others will have to be excluded.

Inside the rail will be seated the lawyers and newspaper men and Leo Frank and his close relatives. Mrs. Ray Frank, his mother, who has come all the way from her Brooklyn home to be with him, is expected to be at his side. His wife, too, who has daily visited him in the tower, will be with him during the trial.

When Leo Frank is brought to court it will be the first time that he has left the tower since May 8, when he was bound over by the coroner's jury, and it will be the first time that probably three-fourths of the spectators who have read of his case will have ever seen him.

To many who will consider themselves fortunate as on one day or the other they secure a seat in the courtroom to hear the trial, there will be many of the points of law governing the case that will be clouded and obscure.

Almost every piece of machinery has its hidden cogs and wheels which are never seen by the visitor who is taken through the factory and which would lie unknown to the careless spectator who views the product manufactured, and so it is with a trial in law.

The wheels of justice grind openly and plainly apparently, but there are many fine parts that the lay mind does not understand and only the experts the lawyers, skilled in the study of law know of these points.

Some Legal Points.

The fact that Frank is under indictment today means to many minds that he is therefore guilty, and even those of education and high intelligence sometimes give this meaning to an indictment. In the eye of the law, Frank is an innocent man, as innocent as is the soul of little Mary Phagan, and before the law he will remain so until a jury of twelve men shall have heard all the evidence presented and then agreed unanimously that he is guilty.

The indictment of a man is merely the state's formal charge against him, and means that there is sufficient ground to suspect him of the guilt. A man is indicted by a body composed of from 18 to 23 of his fellow citizens, known as the grand jury, and who are chosen from the men who compose the veniremen for the trial juries. They are theoretically of a higher class of citizenship than the men who are on the trial juries.

A grand jury hearing is ex parte, that is, only one side is heard. When Solicitor Dorsey presented to the grand jury a bill of indictment against Frank, who had been bound over after an investigation by the coroner's jury, Frank had no chance to defend himself.

The question at issue was not whether or not he was guilty, but whether or not there was sufficient reason to suspect his guilt and to cause him to go to trial for the crime the coroner's jury had charged to him.

Had the state, through its solicitor, not been able to bring enough evidence to show that there was reason to suspect Frank, the jury would have returned a "no" bill and the matter would have presumably ended. However, at any other time that grand jury or a succeeding one might have reopened the case and either indicted or found a "no" bill.

Detectives Appear As Prosecutors

Frank was indicted and Detectives Pat Campbell and John Starnes appear on the indictment as the prosecutors. In Georgia anyone may prosecute anyone for any crime and in criminal cases, unless some other person comes forward as formal prosecutor, it is customary to appoint one or more of the officers who have worked on the case as the prosecutor or prosecutors.

The indictment formally presented to the court contains the specific charge against the man indicted, giving in detail the state, county and city in which the crime was alleged to have been committed, the date and the name of the person injured.

It bears the signature of the solicitor and of the prosecutors and of the witnesses who appeared before the grand jury to secure the indictment. It also bears the names of the grand jurors who returned the bill and when court convenes the counsel for the defendants enter upon it in writing the plea of the defendant.

Should the plea be "guilty," the judge will, after such investigation as he deems proper, impose sentence. In Frank's case the plea will be "not guilty," and in this case the finding of the grand jury and the plea of the defendant constitute the issue to be tried.

As a usual rule all of the witnesses to be used and the veniremen from whom the trial jury is to be drawn have been summoned to court by subpoenas and the first move after the formal presentation by the solicitor of the bill of indictment and the plea of not guilty on the part of Frank will be for the solicitor to swear all of the witnesses in the case.

Swearing in Witnesses.

"All witnesses in this case will please rise and be sworn," Solicitor Dorsey will announce and in stentorian tones Deputy Plennie Miner will repeat the order.

When the witnesses have arisen they will be asked to raise their right hands and swear to "tell the truth, the whole truth and nothing but the truth in the case of the state against Leo M. Frank."

In all important cases it is usual for both sides to desire that all witnesses be "put under the rule," which is a legal term meaning that they must be excluded from the courtroom until such time as they shall be needed to testify.

In the trial of Mrs. Appelbaum for the murder of her husband, Jerry A. Appelbaum, her young son, Claude Henderson, who was used as a witness, was not allowed to remain in court with his mother until he had been put upon the stand and had completed his testimony regarding the relationship between his mother and stepfather.

Following the swearing in of the witnesses, Clerk John H. Jones will call the names of the twelve men on the first jury panel. The names of the men from whom a trial jury of twelve is expected to be selected were drawn out last week by Judge J. T. Pendleton from among the names of 6,000 others. These men who constitute the ones from whom petit or trial juries are selected are chosen every two years from the voting population by commissioners appointed by a superior court judge. They are supposed to be the 6,000 highest class of citizens among the registered voters.

When the names of those expected to try Frank were picked out last week Judge Pendleton drew the names from the jury box, selecting by chance the names of 144 men and from these selecting in the same way 48 men who are divided into panels of twelve each. The panels, in the order in which the names were drawn out, were numbered first, second, third and fourth panels respectively, and it will be the names of the men constituting the first panel that Deputy Jones will call.

Selecting a Jury.

All of the 144 will have been served with subpoenas and unless prevented by providential action will be in court. The twelve men on the first panel will be requested to step into the jury box and be sworn.

Solicitor Dorsey will then administer the oath to each one by which they will swear to answer truthfully all questions pertaining to their fitness to try the case at issue.

The solicitor next questions each one to determine whether or not he is legally qualified to serve.

Should a venireman, as he is called, show by his answer to one of the questions that he is not legally fit to serve, his name is struck from the list and the solicitor states to the court: "Off for cause, your honor."

On the other hand, should he show by his answers that there is no legal reason why he should not serve, the solicitor states: "He is competent, your honor."

At this point begins the selection of the jury. When a venireman has shown by his sworn answers that he is qualified the real fight begins.

Theoretically the first twelve men whose names are drawn out would give Leo Frank a fair trial, but in a spirit of fairness the law gives both Frank and the state some leeway in the selection of the twelve men, "tried and true," who are to pass upon the question of his guilt or innocence.

In all felony cases in Georgia the defense may arbitrarily "strike" from the list 20 names and the state may in the same manner strike half that number.

Giving Defendant a Chance.

It may be that a man has been drawn upon that particular panel who bears an ancient grudge against Leo Frank. The cause of that grudge may have not been Frank's fault in any sense, and he may have the utmost confidence in the individual's integrity, but still the law recognizes that it would not be fair for that man to try Frank for a serious offense.

Frank may not be able to prove that to the court and the law provides for that. The man's name may be arbitrarily stricken off the list and he is then excused.

The same thing may be true regarding the relation of the potential juror with the state's side of the case, and in that case the solicitor would strike off the name arbitrarily and without giving a cause.

While each side may strike, the state is given the first chance to pass upon a possible juror and after the solicitor has declared a venireman competent to serve on the jury, he and his assistants consult among themselves as to the advisability of choosing him. While this is going on the defense is also at the same task, so that if the state accepts the man as a juror, they will know what to do with him.

Should the man prove acceptable to the state, the solicitor utters the formal: "Juror, look on prisoner; prisoner, look on juror."

Then the defense indicates its decision in regard to him and should he prove acceptable to the defendant the leading counsel says: "You may be sworn."

In this case the juror passes into the juryroom where he waits until twelve men are selected and then all return to be formally sworn in.

Picking Jury a Fine Art.

It is in their ability to pick jurors that many lawyers have laid the basis for their legal success. In many of the large law offices of Atlanta men are employed who do nothing but aid the attorneys in selecting juries. Some of these men are lawyers who have become so noted for this that they are more valuable in that way than in any other, and others are men who have never practiced law, but who come from walks of life where they have a wide acquaintance, and who have in addition to this made a study of the characteristics of various men.

The list of 144 men chosen by Judge Pendleton is not kept secret and before the case is opened the lawyers for both sides will have in their possession many facts as to the individual characteristics of each. The past history of these men will also be known and also their records in the past when serving upon juries.

Sometimes past knowledge of a venireman is not always complete and again it fails to aid the side which has it in possession. There is a story going the rounds of the Atlanta bar of a certain lawyer who in representing the defense was much gratified to note that the state had accepted as a juryman a contractor who the year previous had built a house for him. The relations between the contractor and the lawyer for the defense had been most pleasant and the lawyer was happy in the thought that this man would certainly listen favorably to him instead of to the other side. It was that same man who hung out for a conviction for twelve hours and caused the case to end in a mistrial.

"It will take at least two days to pick the jury," Reuben Arnold declared in open court when Frank's trial was postponed from June 30 to July 28, and it is known that both sides have made extensive preparations for this important task and will devote much time and thought to it.

When the entire 144 men have been called into the box, twelve at a time, and twelve men have not been chosen, other names may be drawn similarly from the jury box or the judge may order the sheriff to go out on the streets and gather in as many citizens as may be necessary to select from. These are known as talesmen, and must show that they are qualified as the others have done before they can be named as jurymen.

State Will Open Trial.

The state, which is always the plaintiff in criminal cases, will then open the trial, either by the solicitor giving a short outline of the case before the court, or by the introduction of the first witness.

In case a postponement is asked by either side it may be given on a "legal showing," which is decided upon by the judge. The absence of a material witness, when he or she is shown to be material; the illness of leading counsel, or any cause which seems sufficient in the mind of the trial judge may constitute a "legal showing." This necessarily comes before the choosing of a jury.

The state as the case goes on will introduce its witnesses and evidence one at a time. The solicitor may ask no "leading" questions of the state's witnesses, as the lawyers for the defense may ask none of the witnesses they may introduce.

By "leading" questions is meant such questions as would suggest to the mind of the witness the answer desired. On the other hand, when the other side is cross-examining the witness the lawyer may ask any questions he deems fit, provided they are pertinent.

After the state has introduced all the witnesses it desires to and has submitted what it desires in the form of evidence that has been allowed, the state "closes," and the defense proceeds to bring forth its evidence and testimony in practically the same manner. Sometimes the defendant opens for the defense by giving his statement or version of the affair.

The defendant may give any or no statement, or as long or as short as he may desire, provided he sticks to matters that are adjudged pertinent to the case. He makes his statement not under oath and neither counsel for or against him may ask him a question or lead him unless he gives his consent to be cross-examined by the state, in which case the state's attorneys may ask him whatsoever they will and he may answer what questions he sees fit to reply to. The law says: "The defendant has the right to make to the court and jury such statement as he may deem proper in defense; it should not be under oath and shall have only such weight as the jury may see proper to give it. The jury may believe it in whole or in part; they may believe it in preference to the sworn testimony in the case."

A defendant in a felony case usually makes a statement, but it is exceedingly rare that he allows himself to be cross-examined.

Another feature of the case that lies with the defendant is the question of his character. Should Frank be openly known to be of the vilest character on record, no matter pertaining to this could be mentioned by the state, unless he first, either by testimony or evidence or by his own statement, put his character in issue.

What Will Frank Do?

Should he put his character in issue he then lets down the bars and the state may attack it.

Should Frank do this and despite the attacks that the state might see fit to make, prove an unblemished reputation, this would not necessarily mean his acquittal.

The law, as explained by a leading Atlanta attorney, means by not allowing the prosecution to put character in evidence that a man is to be tried for one particular thing at a time, and also by not allowing good character of previous record to make an acquittal, means that same thing. It is too easy to get some one to swear something to a man's hurt and it is not in one case in a thousand that a defendant voluntarily puts his character in issue, no matter how pure and unblemished a reputation he may have.

While Leo Frank apparently has no cause to fear putting his character at issue, it is believed that there is not one chance in a hundred that he will do so.

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