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July 28 Is Date Agreed Upon for Trial of Frank

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Journal

Tuesday, June 24, 1913

Judge Names Date After Statement From Reuben R. Arnold, In Which He Said Trial Would Last Two Weeks


Subpenas Duces Tecum Issued, Demanding Production of Affidavits and Popers [sic] in Possession of Solicitor

Leo M. Frank, accused of the slaying of Mary Phagan, will not be tried before superior court Judge L. S. Roan next Monday. The judge in a conference with attorneys at 2 o’clock Tuesday afternoon formally set the trial for Monday, July 28, and no attempt to reopen the questions of arraignment will be made. Both the prosecution and the defense agreed to this date.

Any attempt made to put Frank on trial on next Monday was silenced when Reuben R. Arnold, speaking for the defense, said flatly that the trial would take at least two weeks. The assurance that the trial would last some time and the fact that it likely would be held in the stuffy little court room in the Thrower building, if scheduled Monday, practically caused the postponement.

Solicitor Dorsey, for the state, and Luther Z. Rosser and Reuben R. Arnold, for the prosecution, were summoned to the court house by Judge Roan at 3 o’clock and a discussion of the matter was opened.


Solicitor Dorsey announced that he was ready and made the declaration that his witnesses would not take more than two days at the outside. He said if the defense had any he didn’t think they would take any longer.

This remark brought a grunt from Luther Z. Rosser and the Arnold statement that the trial would take two weeks.

“We have the witnesses,” both of the lawyers for the defense asserted.

Both Attorneys Rosser and Arnold told the court that in the event of a postponement of the case for Monday that they desired it to go over until after the week of July 14, when both would be engaged in the trial of Mattie Flanders in Swainsboro. Mr. Rosser represents the defense of Mrs. Flanders and Mr. Arnold the prosecution.

This came when Solicitor Dorsey suggested that the case be tried on July 7.

Judge Roan, in fixing July 28 as a date suitable to all concerned, said that there would be no break in the week, as there would with July 4, that a good court room for the trial could be obtained about July 13, that the jail could be cleared of routine cases by that time and previously made engamenest [sic] would not be interrupted.

All lawyers concerned were in court and the judge asserted that lack of preparation could not be offered as an excuse when the case was called on July 28.

The attorneys for Leo M. Frank Tuesday afternoon secured subpoenas duces tecum to be served on Chief James L. Beavers, Chief N. A. Lanford, Solicitor Hugh M. Dorsey, Assistant Solicitor E. A. Stevens, Hary [sic] Scott, of the Pinkertons; City Detectives John Black, Pat Campbell and J. N. tSarnes [sic], and Secretary of Chief Lanford, G. C. Febuary, calling upon them to produce in court Monday June 30, or any other day that the Frank case might be on trial, all affidavits or statements secured from Jim Conley, the negro sweeper; Monteen Stover and Grace Hix. (more…)

Venire of 72 for Frank Jury Is Drawn

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Georgian

Monday, June 23, 1913

Negro Conley Sticks to Affidavit Story When Again Cross-Examined by Dorsey.

The first official action of the court in preparing for the trial of Leo M. Frank for the murder of Mary Phagan was taken Monday afternoon when Judge L. S. Roan impaneled 72 men, from whom a jury to hear the case will be sought.

June 30 was agreed to by Judge Roan for the opening of the case. If a postponement is desired it will now have to be asked for in open court.

As yet Judge Roan said he had received no intimation from the defense that a delay was wanted. Solicitor General Hugh M. Dorsey said Monday the prosecution was ready for trial.

Trial in Thrower Building.

An extra staff of deputies has been sworn in and subpenas to jurymen impaneled and witnesses are now being served.

No plans for a larger room in which to hear the case have matured, and it is likely that the courtroom of the Superior Court in the Thrower Building will be used at last, despite its size and lack of comfort.

Jim Conley, the negro sweeper, was brought before Solicitor Dorsey Monday morning for another cross-examination. The questions were solely along the lines of the negro’s affidavit charging Frank with the crime. As the Solicitor later said, he had only refreshed Conley’s mind on the points he had made in his statement. The negro told the same story he told before without deviation. (more…)

Frank Hooper Aids Phagan Prosecution

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Constitution

Sunday, June 15, 1913

Solicitor General Hugh Dorsey Announces His Associate in Big Case.

Just before leaving yesterday afternoon for New York, Solicitor General Hugh M. Dorsey announced that Attorney Frank A. Hooper would be associated with him in the prosecution growing out of the murder of Mary Phagan.

Saying that Mr. Hooper was his personal choice, Dorsey also stated that Mr. and Mrs. J. W. Coleman, parents of the victim, had been consulted and had directed him to employ such counsel as he desired and that his choice of Mr. Hooper satisfied the Colemans.

Attorney Hooper has been a well-known figure at the Atlanta bar for four years. Shortly after coming to this city, he was associated with ex-Governor Joseph M. Terrell, with whom he was connected until the governor’s death. He was for twelve years the solicitor general of the southwestern judicial circuit at Americus, Ga.

Among many notable cases with which he played a conspicuous part were the Childers trial in Americus and the famous Cain murder case in Cordele. He was counsel for the defense in each case. He will be in charge of the solicitor’s affairs which relate to the Phagan case during Mr. Dorsey’s absence on his present trip.

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The Atlanta Constitution, June 15th 1913, “Frank Hooper Aids Phagan Prosecution,” Leo Frank case newspaper article series (Original PDF)

Frank A. Hooper to Aid State in Frank Trial

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

The Atlanta Journal

Sunday, June 15, 1913

Former Solicitor at Americus Engaged to Assist Solicitor Hugh M. Dorsey

That the trial of Leo M. Frank will be a legal battle as brilliant as any ever fought in Atlanta is assured by Solicitor Dorsey’s announcement that Frank A. Hooper, Atlanta lawyer and former solicitor general of the southwestern superior court circuit, has been retained to assist the prosecution.

With the case of the state in the hands of Solicitor Dorsey and Mr. Hooper and the defense resting with Luther Z. Rosser and Herbert Haas the contest is certain to be replete with the unexpected.

Frank A. Hooper, who is Solicitor Dorsey’s choice to help the fight of the state, is distinguished as a state’s solicitor of twelve years experience. No lawyer at the Atlanta bar has seen a similar service as a prosecuting attorney. For this period he acted as solicitor to the southwestern superior court circuit at Americus. Following his term as prosecutor he practiced law in Americus being recently identified with such criminal trials as the Childers trial in Americus and the Cain trial in Cordele. In each of these cases in which the accused was acquitted Hooper appeared for the defense.

He came to Atlanta four years ago as an associate of the late Governor J. M. Terrell.

Pitted against Solicitor Dorsey and Mr. Hooper will be Luther Z. Rosser sometimes known among his confreres as “the best all-around lawyer in Atlanta;” Herbert Haas, a young but experienced attorney, and possibly others.

The report has been persistent in Atlanta for a week that another prominent Atlanta attorney known as a brilliant criminal lawyer is to be associated with the defense. While this report has not been verified there are those who are confident that the defense will be augmented by his weight before Frank faces a jury in the stuffy little Thrower building court room.

In making his announcement that Mr. Hooper was to assist in the Frank prosecution Solicitor Dorsey said that while Mr. Hooper had been his choice, Mr. and Mrs. J. W. Coleman, parents of the slain girl, had been consulted, and they directed him to employ such counsel as he deemed fit. The solicitor asserted that the Colemans had approved the employment of Mr. Hooper.

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The Atlanta Journal, June 15th 1913, “Frank A. Hooper to Aid State in Frank Trial,” Leo Frank case newspaper article series (Original PDF)

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