At Request of The Journal, One of Numerous Reports About Man Held in Phagan Case Is Investigated
Two "No Bills" Necessary to Free Prisoners; Solicitor's Detective Has Left City; Character Witnesses Not Likely to Be Used
At the request of The Atlanta Journal, the Brooklyn Eagle, one of the most reputable and reliable newspapers in the country, has investigated one of the most persistent rumors circulating about Leo M. Frank, superintendent of the National Pencil Company, who is held in connection with the death of Mary Phagan.
The rumor in question held that Frank, contrary to his sworn testimony before the Coroner's inquest that he had been married only once and in Atlanta approximately two years ago, had in fact been previously married while living in Brooklyn, New York. The claim has circulated widely and in various forms.
The Brooklyn Eagle's investigation found no truth to it. Frank was never married in Brooklyn, according to the newspaper's inquiry. His mother, who currently resides there, confirmed to the Eagle that her son married in Atlanta and Atlanta alone, and no record in Brooklyn contradicts that account. The Journal publishes this finding in keeping with its commitment to report all the facts and nothing but the facts in this case.
Attorneys noted Monday that even if witnesses capable of challenging Frank's character were located, they would not be permitted to testify should the case proceed to trial. Under Georgia law, the state is prohibited from placing a defendant's character in issue, and no evidence of past misconduct is admissible unless the defense first raises the matter. That rarely occurs in criminal proceedings.
Grand Jury Meets Friday
Solicitor Hugh M. Dorsey declined Monday to specify when the Phagan investigation will be placed before the Grand Jury. The body is scheduled for a routine meeting on Friday, and its members have been instructed to remain available for a special call session at any time. Dorsey would not say whether he intends to bring the case before or after the regular Friday sitting.
Dorsey did take the opportunity to put to rest another rumor: a bill charging Newt Lee with the murder will in fact be submitted to the Grand Jury when that body takes up the case. In all cases where individuals have been committed by a Coroner's jury or magistrate's court, a formal charge must be placed before the Grand Jury, even in instances where the solicitor general anticipates a "no bill" will be returned.
Two "No Bills" Necessary
A point of particular legal interest has emerged regarding the Grand Jury's role in the case. Even if the jury returns a "no bill" against Frank or Lee or both, the men would not automatically be released from custody. Under Georgia law, two separate Grand Juries must return no bills before a prisoner held on a Coroner's or magistrate's warrant is freed and the case considered dead.
