You Are There: Atlanta Georgian, July 16th, 1913 – Little Mary Phagan

Dorsey Adds Startling Evidence

The Atlanta Georgian
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.

Deputy Sheriff Plennie Miner, who will have charge of the courtroom during the trial, Wednesday began making his preparations.

He announced that he would not put any additional seats in the courtroom nor make any change except to arrange a table for the newspaper men, who, with the lawyers directly interested in the case, will be the only ones allowed inside the inclosure of the judge's bench.

The benches outside the inclosure will not accommodate more than 300 spectators, and when this number is in the courtroom the doors will be closed.