Thursday, 28th August 1913 Despite Death Sentence Frank Sleeps Nine Hours

The Atlanta Journal,

Thursday, 28th August 1913.

Page 3, Column 2

Man Convicted for Murder of Mary Phagan Will Not Make Public Reply to Solicitor

Dorsey's Arraignment Lawyers Advise Silence Mrs. Rae Frank Bids

Son Farewell and Leaves for Brooklyn

Leo M. Frank, under sentence of death for the murder of Mary Phagan, slept nine hours in his cell in the Fulton County tower Wednesday night. He arose shortly after 7 o'clock, took his bath, went through his usual calisthenic exercises and ate a late breakfast which was brought him by his father-in-law, Emil Selig, a few minutes before 9 o'clock.

It was learned Thursday that there is little probability of Frank's making public any statement in reply to the argument of Solicitor General Dorsey at the trial.

His attorneys have counseled silence on the case, and Frank is expected to acquiesce to their wishes in the matter. No move of any sort is expected from the defense until the argument on October 4 before Judge Leonard Strickland Roan on the motion for a new trial. Attorney Luther Zeigler Rosser is already at work preparing the motion.

Frank's prosecutor, Solicitor Hugh M. Dorsey, is resting from his arduous labors of the past four months and is receiving the congratulations of his friends.

Mr. Dorsey has decided not to place the name of James Conley, Frank's negro accuser, before the present grand jury, which holds its final meeting on Friday. A bill charging Conley with being an accessory after the fact of Mary Phagan's murder, will, however, be among the first bills to be presented to the new grand jury, which will be empaneled next Tuesday by Judge George L. Bell, of the superior court.

Solicitor Dorsey is receiving hundreds of congratulatory telegrams and letters from people all over the state. He is replying to as many of them as he can, and in his replies, he is giving much credit for the state's victory to his associate, Frank A. Hooper; to Detectives Starnes and Campbell, who have worked so faithfully on the case, and to Detective Bass Rosser, who had charge of the securing of the character witnesses against Frank.

Mrs. Rea Frank, mother of the man found guilty of the murder of Mary Phagan and sentenced to die on the gallows for the crime October 10, 1913, will leave for her home in Brooklyn, N. Y. Thursday afternoon to be at the bedside of her husband, who is an invalid.

Mrs. Frank visited her son in the Tower during the morning and with cheering words kissed him goodbye. She has been here since the beginning of the trial and sat through the terrific ordeal of four weeks with great fortitude.