Friday, 20th March 1914: Burns’ Findings Frank Case Will Be Made Public, The Atlanta Journal

Reading Time: 12 minutes [2111 words]

Detective Declares He Took Case With Understanding That All Facts Unearthed Should Be Made Known

SAYS HE DID NOT WISH TO TAKE CASE AT FIRST

Told Employers He Feared

They Would Not Like It If Evidence Hit Frank, but They Said:

"Go Ahead"

Detective William J. Burns reiterated Friday his statement that regardless of his findings he will not leave the Mary Phagan murder case "up in the air."

"I made a distinct agreement," he said, "with the gentlemen who employed me on the case, that even if I come to the conclusion that Leo Frank is guilty, I will make public my conclusion and my reasons for it."

"I at first did not want to take the case and said then to the man who employed me that if I decided Frank is guilty, they would not like it, and would want me to drop the matter. They answered that they wished my conclusion regardless of whom it struck, and it was then agreed that my report should be made public."

The attention of Burns was called to the fact that one of the several mysteries in the case is the disappearance of Mary Phagan's purse, which she is known to have carried to the factory with her.

Burns said:

"Yes, and the $1.20 she received has never been accounted for, nor has the disappearance of the ribbon about her hat been explained.

In my final report I will take up these points, and handle them to the public's satisfaction, I feel sure."

Conley, during the trial, testified on his re-direct examination that when he returned to the office from the basement, after disposing of the girl's body, that he saw Mary Phagan's mesh bag lying on the desk and that later Frank took it and placed it in the safe.

The point was brought out by the solicitor general after Attorney Rosser had finished grilling the negro, and except for the negro's statement there is little mention made of the mesh bag in the brief of evidence of the trial.

Dan Lehon, head of the New Orleans Burns agency, who has been summoned here by the chief to assist in the investigation, will not arrive until Monday, Mr. Burns says, and as a result it is apparent the detective thinks there is still much work to be done on the case.

When questioned about the length of time he considers necessary to complete the case, Burns would only say that he is anxious to complete the work and get back to the headquarters of his agency.

REPORT EXPECTED SOON.

Burns has expressed complete satisfaction with his work on the Mary Phagan murder case and as a result it is generally believed the famous sleuth's final report will be made in the next ten days.

"My investigation has been an easy one and is growing easier as it progresses," Mr. Burns says.

"The investigation is a simple matter and has meant merely the following of the trend of the criminal mind."

"An analytical probe of this murder will unquestionably reveal the criminal state of the mind that impelled it.

In all of its various phases the stamp of a crime saturated mentality is indelibly shown.

Few cases on which I have worked manifested more obviously the criminal turn of mind of the perpetrator."

"I am perfectly satisfied with results so far, and I am more confident than ever of success. I will soon be able to point conclusively to the slayer of Mary Phagan."

Burns would not intimate Friday when he expects to see Jim Conley, Frank's negro accuser.

"I want to avoid everything tending toward sensationalism while I am at work on this case," declared the detective.

Although he has said in other conversations that he has no doubt he will be able to see the negro, Burns evidently expects some opposition to an interview.

Attorney William M. Smith, representing the negro, has said he is willing for Burns to see the negro if (Continued on Last Page, Column 2.)

PAGE 24, COLUMN 3

BURNS' FINDINGS IN FRANK CASE WILL BE MADE PUBLIC (Continued from Page One.)

he is present, but under no other circumstance.

VISITS FACTORY AGAIN.

Burns, accompanied by Attorney Leonard Haas and others connected with the defense of Frank, made a trip to the National Pencil Factory Thursday night after the factory had closed, and for a second time the detective went carefully over the scene of the crime.

While Detective Burns is endeavoring to clear up the various points which still make the murder of Mary Phagan a mystery in the public mind, Attorney Luther Z. Rosser, senior counsel for Leo M. Frank, is working daily on the extraordinary motion for a new trial which will be filed before Judge Ben H. Hill, of the criminal division of the superior court.

The various new points, which have been developed since the conviction of Frank, and the charge that several of the state's witnesses perjured themselves form the basis of the motion.

Attorney Reuben R. Arnold, of the Frank defense, is still in New York, and it is not expected the motion will be filed until his return and probably not until a few days before the date set for Frank's execution, April 17.

PAGE 9, COLUMN 5

TO DISCUSS FRANK CASE AT UNIVERSALIST

CHURCH

Rev. Fred A.

Line will discuss the Frank Case at the morning service at 11 o'clock at the Universalist Church, 16 East Harris Street, next Sunday, March 22.

His subject will be "Vital Aspects of the Frank Case."

In the evening, Mrs. Mc Lendon, state presiding of the Equal Suffrage association, and Leonard Grossman will give short addresses on "Equal Suffrage, a Moral Issue."

PAGE 11, COLUMN 2

LETTERS FROM READERS MORE INDORSEMENTS OF JOURNAL'S EDITORIAL

Clarkson, Decatur and Stone Mountain Citizens Advocate New Frank Trial

Among the many letters indorsing The Journal's editorial, "Frank Should Have a New Trial," is one from James B. Armstrong, well-known citizen of Clarkson, Ga., who encloses a petition signed by several residents of Clarkston, Stone Mountain and Decatur.

This petition advocates a new trial for the condemned man.

One mail brought a list of commendatory letters, signed by some of the leading citizens of Canon, Ga.

These letters came from O. B. Menees, cashier of the Canon bank; J. C. Bowers, manager of the Canon Mercantile company; B. C. Jordan, of Cheek & Jordan, furniture dealers; J. D. Bowers, druggist; D. T. Barnes, justice of the peace; Dr. B. F. Bond and Dr. J. H. Terrell, Jr.

FROM J. B.

ARMSTRONG.

Mr. Armstrong's letter, and the petition enclosed, follow:

Clarkston, Ga., March 17, 1914.

Editor Atlanta Journal, Atlanta, Ga.

Dear Sir:

I have the autograph signatures of each of the names signed to the enclosed petition.

Personally I have never doubted Frank's innocence, but outside of a humanitarian feeling for a fellow being I have no interest in the case whatsoever.

Allow me to add to the letters of commendation you have already received my hearty indorsement and congratulation for the courageous editorial of last week.

Yours very truly,

JAMES B. ARMSTRONG.

THE PETITION.

Following is the petition:

Whereas, we believe that owing to the extreme wrought-up feeling in the public mind when Leo M. Frank was tried, he could not have received, and did not have an impartial trial, and,

Whereas since his trial, and since the denial of a new trial, new evidence has come to light, evidence, tending to sustaining the condemned one's claim of an alibi, and,

Whereas very serious and grave doubt exists as to whether said Frank be guilty, and,

Whereas we believe that so long as any reasonable doubt remains he should be given the benefit of such doubt, and, did not have an impartial trial, and,

Whereas very serious and grave doubt exists as to whether said Frank be guilty, and,

Whereas we believe that so long as any reasonable doubt remains he should be given the benefit of such doubt, and,

Whereas there are authenticated instances where innocent persons have paid the death penalty, when if a new trial had been given, the guilty might have been found and punished, therefore,

We, the undersigned, residents of De Kalb county, Ga., hereby express our belief that Leo M. Frank should have a new trial.

We do this voluntarily, without the knowledge of Mr. Frank, his counsel or friends.

E. W. Pease, Lamar college, James B. Armstrong, C. M. G. Bloodworth,

A. A.

Warwick, W. H. Kenner, W. S. Richardson, H. A. Jolly, W. J. Norton, W. T. Richardson, T. L. Shealy;

Mrs. C. M. Hampton, Mrs. J. C. Johnson, Mrs. H. C. Pendleton, Mrs. L. B. Mc Gehee, Miss Ethel Pendleton,

Mrs. W. H. Kenner, Mrs.

Max Johnson,

Mrs. A. A.

Warwick, Mrs. F. P. Johnson, Miss Leola Armstrong, Miss Lina C.

Armstrong, Mrs. J. B.

Armstrong,

Clarkston, Ga., l. V. R. Williams, J. M.

Guess, M. T.

Shim, John S.

Ranking,

W. T. Mc Curdy, M. D., J. R.

Irvin, J.

Steve Mc Curdy, W. A. Woodis, J. F. Whittle, Stone Mountain, Ga.; J. H. Goss, Sr., Rev. C. L. Pattillo, Rev. J. G.

Patton, Decatur, Ga.

FROM O. B.

MENEES.

The letters from Canon, beginning with that of Cashier O. B. Menees,

follow:

Canon, Ga., March 14, 1914.

Mr. James R. Gray,

Editor Atlanta Journal, Atlanta, Ga.:

Dear Mr. Gray

My attention has been called to your most wonderful editorial of March 10th inst., and I wish to state frankly that I agree with you, and hope that the extraordinary motion for a new trial will be granted.

And since there has been so much newly discovered evidence and so many contradictory statements, why should our honorable court hesitate to grant a new trial?

And since there has been so much newly discovered evidence and so many contradictory statements, why should our honorable court hesitate to grant a new trial?

We wish to thank you for the courageous stand you have taken in this matter.

Trusting and believing that truth will finally triumph, I am yours very truly,

O. B.

MENEES.

FROM J. C. BOWERS.

Canon, Ga., March 14, 1914.

Mr. James R. Gray, Editor Atlanta Journal, Atlanta, Ga.:

Dear Sir We appreciate the courageous stand that your paper has taken in the case of Leo M. Frank.

Your editorial on March 10th instant was a masterpiece.

We join you in demanding a new trial in the name of justice.

Yours very truly,

J. C. BOWERS FROM C. C. JORDAN.

Canon, Ga., March 14, 1914.

Mr. James R. Gray, Editor Atlanta Journal, Atlanta, Ga.:

Dear Sir Please allow me to congratulate you on the forceful and courageous editorial in The Journal of March the 10th inst.

In re the Frank case.

It is very clear to me this defendant did not have a fair and impartial trial, and under the laws of this good state he should be granted a new trial and the facts gone into from all sides of the case.

The good people of Georgia are with you in this demand, and I hope it will be granted.

Yours very truly,

B. C. JORDAN.

FROM J. D. BOWERS.

Canon, Ga., March 14, 1914.

Mr. James R. Gray, Editor The Journal, Atlanta, Ga.

Dear Sir:

I wish to congratulate you on the fair and honest editorial in The Journal of March 10, instant, in regard to the Frank case.

To do justice to this accused would be to grant a new trial, fair and impartial and let it be investigated from all angles.

Yours very truly,

J. D. BOWERS.

FROM DR. J. H. TERRELL, JR.

Canon, Ga., March 14, 1914.

Mr. James R. Gray, Editor Atlanta Journal, Atlanta, Ga.

Dear Sir:

I appreciate the editorial in The Journal on March 10, instant, and join with you in demanding a new trial for Leo M. Frank.

I believe that a great injustice will be done if Leo M. Frank is hanged, without being given a fair and impartial trial, and in the name of justice, let us say that it will be better to let go unpunished ninety and nine that are guilty, rather than hang one innocent man.

Yours respectfully, J. H. TERRELL, JR., M. D.

FROM JUDGE D. T. BARNES.

Canon, Ga., March 14, 1914.

Mr. James R. Gray, Editor Atlanta Journal, Atlanta, Ga.

Dear Sir:

Let me commend you for your brave and courageous editorial in The Journal on March 10, instant, demanding that Leo M. Frank have a new trial, fair and impartial.

I hope the other papers will make this same demand and see to it that Georgia does not commit a "judicial murder" in this case.

Your contentions are right and the circumstances fully justify your editorial.

This man did not have the trial he was entitled to under the laws of this state and to give him justice would be to grant a new trial, and have it in a decent manner.

Yours very truly, D. T. BARNES.

FROM DR. B. F. BOND.

Canon, Ga., March 14, 1914.

Mr. James R. Gray, Editor Atlanta Journal, Atlanta, Ga., Dear Sir:

Since little Mary Phagan was murdered in the pencil factory, I have questioned the guilt of Leo M. Frank, also the fairness of the trial when he was convinced.

The past developments have almost established my opinion.

Many thanks for your editorial.

Sincerely, B. F. BOND.