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Leo Frank's Defense Attacks the Jury as Hugh Manson Dorsey Prepares to Defend the Murder Conviction
The Atlanta Constitution
Wednesday, October 15, 1913
Page 15, Column 4
Related Law Firm Advertisement: Page 23, Column 4
On Wednesday, October 15, 1913, The Atlanta Constitution reported that Solicitor General Hugh Manson Dorsey was expected to return to Atlanta after spending more than ten days in Valdosta, Georgia, preparing his answer to Leo Frank's motion for a new trial. Dorsey and his assistant, E. A. Stephens, had been working long hours reviewing the defense's accusations against the original murder trial, particularly its attacks on two members of the jury (AC, 1).
Frank had been convicted of murdering 13-year-old Mary Phagan on Monday, August 25, 1913, following a four-week trial. The twelve jurors unanimously found him guilty, and Judge Leonard Strickland Roan sentenced him to death the following day.
Now Frank's attorneys, Luther Zeigler Rosser and Reuben Rose Arnold, were attempting to overturn that verdict. Their motion contained 115 grounds for a new trial, ranging from complaints about Judge Roan's rulings to accusations that members of the jury had entered the courtroom with prejudiced opinions about Frank's guilt.
One of their principal targets was juror Atticus Haygood Henslee, a traveling salesman who had served on the jury. The defense also accused another juror, Marcellus Johenning, of having prejudged Frank.
Both men denied entering the trial with fixed opinions about Frank's guilt.
The Defense's Accusations Against Henslee
The October 15 newspaper report explained that Frank's attorneys had collected additional affidavits accusing Henslee of expressing the belief that Frank was guilty before the trial began.
The latest statements reportedly came from citizens of Monroe, Georgia, who claimed Henslee had expressed those opinions during June 1913, approximately a month before the trial.
These witnesses also claimed they had not seen Henslee since the trial. Their point was that the conversations could not have occurred afterward, as Henslee had suggested in his response to earlier accusations (AC, 1).
This was a direct challenge to Henslee's explanation.
Henslee maintained that he had not entered the courtroom believing Frank was guilty. He acknowledged expressing the opinion that whoever murdered Mary Phagan deserved to be hanged, but denied having prejudged Frank himself.
The difference was important.
A person could believe that Mary's murderer deserved the death penalty without knowing who committed the crime. Frank's defense needed to prove something more serious: that Henslee had already decided Frank was the murderer before hearing the testimony.
The defense produced witnesses who claimed to remember him making prejudicial statements. Henslee disputed those accounts.
This created a conflict that Judge Roan would eventually have to decide.
Were the Defense's Witnesses Reliable?
The problem with the defense's accusations was that they depended heavily upon recollections of conversations supposedly held weeks or months earlier.
The defense collected statements from people in several Georgia communities, including Sparta, Monroe, and Albany. Some claimed Henslee had expressed strong opinions about Frank's guilt. Others attributed especially hostile language to him.
These accusations deserved examination, but the number of sworn statements did not automatically establish their accuracy.
A witness could be mistaken about a date, misunderstand a conversation, or remember an opinion more strongly after learning that the person had served on the jury.
The prosecution challenged some of the witnesses' accounts, particularly their descriptions of when Henslee had learned he might serve on Frank's jury.
Other witnesses and records gave the defense grounds to question parts of Henslee's own account. The evidence was conflicting, which made careful examination necessary.
By October 24, the defense had also presented additional affidavits from W. L. Ricker and J. J. Nunnally of Monroe, accusing Henslee of expressing strong hostility toward Frank before the trial. The defense also offered statements supporting the character of its witnesses (AJ, 2).
The issue was whether these competing statements proved that Henslee had been legally disqualified from serving as an impartial juror.
Frank's attorneys had every right to investigate the matter. However, accusing a juror of prejudice was a serious step, especially when the accusation could damage his reputation and call an entire murder verdict into question.
The responsibility to establish those accusations belonged to the defense.
Dorsey Was Preparing More Than a Simple Denial
The October 15 report explained that Dorsey had gathered affidavits answering the charges against Henslee. He was expected to arrive in Atlanta at 7:35 that morning and devote the remainder of the week to preparing his response (AC, 1).
The newspaper also reported that he was unsure whether he would be ready for Saturday's hearing before Judge Roan.
This was a substantial undertaking. Dorsey had to review 115 grounds for a new trial, examine the defense's accusations, gather opposing evidence, and prepare arguments explaining why the conviction should stand.
By October 21, the prosecution had assembled between thirty-five and forty affidavits.
Some came from Henslee, Johenning, and other jurors. Others challenged the credibility of defense witnesses or disputed accusations that outside demonstrations had influenced the jury (AJ, 3).
One particularly interesting detail concerned the jury's deliberations.
According to affidavits furnished by the prosecution, Henslee had initially cast a doubtful ballot rather than immediately agreeing that Frank was guilty.
Other jurors supported this account.
This was important evidence for Dorsey because the defense was portraying Henslee as a man who had entered the trial determined to convict.
Yet the prosecution's affidavits described him as a juror who initially expressed doubt and wanted the evidence discussed further.
That did not prove Henslee had never made a prejudicial remark. However, it raised a reasonable question about the defense's claim that he had entered the jury room with his mind already made up.
Dorsey Challenges the Defense's Methods
On Tuesday, October 28, 1913, The Atlanta Journal reported Dorsey's arguments before Judge Roan.
The prosecutor strongly criticized the defense's investigation of Henslee and Johenning.
Dorsey argued that Frank's attorneys had searched throughout Georgia for witnesses willing to make accusations against members of the jury.
He also questioned why some alleged conversations had not been supported by statements from other people who supposedly heard them.
His criticism was simple: if other people had witnessed these damaging conversations, why had the defense failed to produce their sworn statements?
Dorsey also argued that Frank's attorneys knew about Henslee before accepting him for jury service and still had opportunities to reject prospective jurors.
He maintained that the defense had failed to prove legally recognizable prejudice against Henslee or Johenning (AJ, 4).
These were the prosecutor's arguments, and they had to be weighed against the defense's evidence. Nevertheless, they directly challenged the idea that numerous affidavits necessarily amounted to a convincing case.
Dorsey was questioning whether the statements could withstand careful examination.
An Interesting Detail About Dorsey's Jewish Law Partner
There is another detail in the October 15 edition of The Atlanta Constitution that deserves attention.
On page 23, column 4, the newspaper carried a professional advertisement listing Hugh M. Dorsey and Arthur Heyman among the attorneys practicing from offices in the Kiser Building in Atlanta (AC, 1).
Heyman was a Jewish attorney who had testified as a character witness for Leo Frank during the murder trial.
He was also elected vice president of Atlanta's B'nai B'rith lodge, the same Jewish organization headed by Frank.
On September 24, The Atlanta Journal specifically identified Heyman as Dorsey's law partner and reported that Frank had been reelected president while Heyman was elected vice president (AJ, 5).
This is an important historical relationship.
Dorsey had prosecuted Frank for murder, while his own law partner testified favorably about Frank's character.
The prosecutor had also cross-examined Heyman during the trial, questioning how closely he actually knew Frank and how much he understood about Frank's conduct at the National Pencil Factory (AJ, 6).
These professional connections complicate the claim that Dorsey's prosecution was driven primarily by antisemitism.
If religious hostility toward Jews was the driving force behind his prosecution, his professional partnership with the Jewish vice president of Frank's own B'nai B'rith lodge deserves an explanation.
This relationship does not establish that Dorsey was incapable of prejudice, nor does it settle the question of antisemitism in Atlanta during the trial.
However, it is a documented fact that deserves consideration when examining accusations about his motives.
Dorsey's actual conduct and arguments should be studied alongside these relationships rather than judged from allegations alone.
Judge Roan's Responsibility
The October 15 report also explained that Frank's motion was delaying other judicial business in Fulton County.
Judge Leonard Strickland Roan was expected to leave the Stone Mountain Judicial Circuit and take a position on the Georgia Court of Appeals.
Judge Benjamin Harvey Hill was preparing to leave that appellate court and become a judge on the Fulton County Superior Court.
However, Roan was waiting to complete the Frank proceedings before assuming his new responsibilities.
Dorsey's continued work on the motion was also contributing to delays in other criminal cases (AC, 1).
The defense's effort to obtain another trial was therefore affecting more than Frank's scheduled execution. It was occupying the prosecutor, delaying judicial appointments, and interfering with the handling of other court business.
That did not make the defense's motion improper. A man sentenced to death was entitled to pursue the legal remedies available to him.
But the delays were real, and the allegations still had to be supported by evidence.
The Georgia Supreme Court Rejects the Juror Challenges
On Friday, October 31, 1913, Judge Roan denied Frank's motion for a new trial.
Frank's attorneys appealed.
On Tuesday, February 17, 1914, the Supreme Court of Georgia upheld Roan's decision by a vote of four to two.
In Frank v. State, 141 Georgia Reports 243, the court specifically examined the accusations against Henslee and Johenning.
Regarding Henslee, the court acknowledged that the defense had introduced evidence suggesting he had expressed prejudice before the trial.
The justices also recognized that Henslee had denied those accusations under oath.
The majority explained that the trial judge had the responsibility to decide questions of credibility when sworn statements conflicted.
The court concluded that Roan had not abused his discretion in rejecting the challenge against Henslee.
It reached the same conclusion concerning Johenning (GSC, 7).
The court did not declare that every defense witness had lied. Its ruling was that the conflicting evidence did not justify overturning Roan's decision.
That is an important legal finding, and it belongs in any account of the accusations against Frank's jurors.
Conclusion
The October 15, 1913 report captures Hugh Manson Dorsey returning to Atlanta to defend the murder conviction against an expanding attack by Frank's attorneys.
The defense had raised 115 grounds for another trial, but the accusations against Henslee and Johenning had become especially important.
The defense collected witnesses who claimed the jurors had expressed opinions about Frank's guilt before the trial. The jurors denied entering the courtroom prejudiced, and Dorsey gathered sworn statements challenging the accusations.
What followed was a legal contest over conflicting evidence, witness credibility, and the fairness of the original proceedings.
Judge Roan considered the arguments and refused to overturn the verdict. The Georgia Supreme Court later upheld his handling of the two juror challenges.
The newspaper accusations against Henslee received considerable attention, but the prosecution's answers and the courts' decisions deserve equal examination.
If the defense wanted to overturn a unanimous murder conviction by accusing members of the jury of prejudice, it needed to establish those accusations with reliable evidence.
In the end, the accusations against Henslee and Johenning were found insufficient to justify another trial.
That does not settle every historical question about Frank's prosecution, but it establishes what happened to these particular challenges in the courts.
And that is an important part of the history that should not be left out.
References
1. AC. The Atlanta Constitution. (Wednesday, October 15, 1913). Solicitor and his assistant will devote rest of week to Leo M. Frank case; Professional cards. Page 15, column 4; page 23, column 4. Transcription furnished for this article; original page images not independently verified.
2. AJ. The Atlanta Journal. (Friday, October 24, 1913). Frank motion is almost ready for the arguments now. Coverage of the additional affidavits against Henslee.
maryphagan.com/1913-10-24-fr…
3. AJ. The Atlanta Journal. (Tuesday, October 21, 1913). Motion to quash indictment gets judge's approval. Includes the prosecution's affidavits concerning Henslee and Johenning.
maryphagan.com/1913-10-21-mo…
4. AJ. The Atlanta Journal. (Tuesday, October 28, 1913). Solicitor Dorsey hammers Frank new trial motion. Coverage of Dorsey's arguments challenging the defense's accusations.
maryphagan.com/1913-10-28-so…
5. AJ. The Atlanta Journal. (Wednesday, September 24, 1913). Leo M. Frank again heads B'nai B'rith. Page 18, column 3.
maryphagan.com/1913-09-24-le…
6. AJ. The Atlanta Journal. (Friday, August 15, 1913). All Georgia records broken by the Frank trial. Coverage of Arthur Heyman's character testimony and cross-examination.
maryphagan.com/1913-08-15-al…
7. GSC. Supreme Court of Georgia. (Tuesday, February 17, 1914). Frank v. State, 141 Ga. 243, 80 S.E. 1016. Section 18, discussion of juror prejudice and the trial judge's authority to evaluate conflicting evidence.
openjurist.org/141/ga/243/fr…
Transcript
The Atlanta Constitution
Wednesday, October 15, 1913
Page 15, Column 4
Solicitor and His Assistant Will Devote Rest of Week to Leo M. Frank Case
Solicitor General Hugh M. Dorsey is due to arrive at 7:35 o'clock this morning and it is said will devote the remainder of the week to work in Atlanta on the reply to the plea of Leo M. Frank for a new trial.
Mr. Dorsey, with E. A. Stephens, his assistant, has been in Valdosta for over ten days studying the situation and during that time has been in consultation with A. H. Henslee, one of the twelve men who convicted Frank of the murder of Mary Phagan, and who, the defense charged, had expressed bias in the matter before he became a juror.
Various affidavits replying to the attack on Juror Henslee are understood to be in the possession of the solicitor, who believes that Frank is not entitled to a new trial and who has been devoting many hours of the day to his reply.
Whether or not the solicitor will be ready when the motion is called by Judge L. S. Roan at 10 o'clock Saturday morning, is yet unknown. In Valdosta Mr. Dorsey stated that he could not say whether or not he would be ready.
It is understood that he has some final work to carry out following his return to Atlanta and that this will occupy him for at least two days.
The Atlanta Constitution
Wednesday, October 15, 1913
Page 23, Column 4
Professional Cards
P. H. Brewster, Albert Howell, Jr.
Hugh M. Dorsey, Arthur Heyman
Dorsey, Brewster, Howell & Herman
Attorneys-at-Law.
Offices: 202, 204, 205, 206, 207, 208, 210
Kiser Building, Atlanta, Ga.
Long-Distance telephone 3022,
Reference
1. AC. The Atlanta Constitution. (Wednesday, October 15, 1913). Solicitor and his assistant will devote rest of week to Leo M. Frank case and Professional cards. Page 15, column 4; page 23, column 4.
Lucas Wheeler America First 🌲🇰🇵🇮🇷🇻🇪🇵🇸 retweeted
One of the most common falsifications of history promoted by the ADL and the multitudes of Leo Frank activists is that the prosecution of Leo Frank was driven by antisemitism: anti-Jewish ethnic and religious persecution.
Hugh Dorsey's Jewish Law Partner Was Vice President of Leo Frank's Atlanta B'nai B'rith Lodge
One of the most overlooked details in the Leo Frank murder case concerns Arthur Heyman, a prominent Jewish attorney in Atlanta who was a law partner of Solicitor General Hugh Manson Dorsey, the very prosecutor who secured Frank's conviction for the murder of 13-year-old Mary Phagan.
What makes this especially interesting is that Heyman was also elected vice president of Atlanta's B'nai B'rith lodge, the same Jewish charitable organization headed by Leo Frank.
On Wednesday, September 24, 1913, The Atlanta Journal reported that Frank had been unanimously reelected president of the organization despite having been convicted of murder just one month earlier. The newspaper specifically identified Arthur Heyman as Dorsey's law partner and the newly elected vice president (AJ, 1).
Think about that for a moment.
The man prosecuting Leo Frank for murder had a Jewish law partner who was elected vice president of the very same Jewish organization Frank led.
And there is more to this story.
During Frank's murder trial, on Thursday, August 14, 1913, Arthur Heyman actually testified as a character witness for the defense.
Heyman told the court that he had practiced law in Atlanta for approximately nineteen years and had known Frank for three or four years. He testified:
"I have known Leo Frank for three or four years. His general character is good" (BOE, 2).
Dorsey then cross-examined his own law partner.
During questioning, Heyman acknowledged that he had seen Frank only seven or eight times during the preceding three years and had spent relatively little time alone with him. He also admitted that he knew nothing about Frank's relationships with the girls employed at the National Pencil Factory.
Dorsey's questioning was directed toward establishing how much Heyman actually knew about Frank's personal conduct. The prosecutor was challenging the strength of his character testimony, just as he had done with other defense witnesses (AJ, 3).
Two months later, on Tuesday, October 14, 1913, The Atlanta Constitution published a professional advertisement on page 11, column 3, listing Hugh M. Dorsey and Arthur Heyman among the attorneys practicing from offices in the Kiser Building in Atlanta (AC, 4).
These are not later stories or distant recollections. They are contemporary newspaper reports, a law-firm advertisement, and sworn trial testimony from 1913.
This raises an important question about the claim that Dorsey's prosecution of Frank was driven by antisemitism.
If hatred of Jews was the driving force behind Dorsey's prosecution, how do we explain his professional partnership with Arthur Heyman, a prominent Jewish attorney who served as vice president of Frank's own B'nai B'rith lodge?
The relationship becomes even more interesting when we consider that Heyman was permitted to take the witness stand for Frank's defense, where he testified favorably about the defendant while his own law partner conducted the prosecution.
None of this proves that Dorsey was incapable of prejudice. A professional relationship with a Jewish attorney cannot, by itself, settle every question about his personal beliefs or the atmosphere surrounding the trial.
However, it is important evidence when evaluating claims about what motivated him.
Dorsey and Heyman were professional colleagues. Heyman publicly supported Frank's good character in court. By September 1913, Heyman and Frank were the two leading officers of the same B'nai B'rith lodge.
These facts make it difficult to accept a simple explanation that Dorsey's prosecution was driven primarily by hostility toward Jews without examining more evidence.
The historical record deserves to be examined in full, including the professional and personal relationships that existed between the people involved.
If we are going to judge Hugh Manson Dorsey more than a century later, we should examine his conduct, his arguments, his relationships, and the evidence he presented to the jury.
And Arthur Heyman's relationship with both Dorsey and Frank certainly belongs in that discussion.
References
1. AJ. The Atlanta Journal. (Wednesday, September 24, 1913). Leo M. Frank again heads B'nai B'rith. Page 18, column 3. Mary Phagan Kean Legacy Project.
maryphagan.com/1913-09-24-le…
2. BOE. Superior Court of Fulton County, Georgia. (1913). State of Georgia v. Leo M. Frank. Brief of Evidence, testimony and cross-examination of Arthur Heyman, August 14, 1913. Leo Frank Case Archive.
leofrank.org/trial-and-evide…
3. AJ. The Atlanta Journal. (Friday, August 15, 1913). All Georgia records broken by the Frank trial. Page 6, column 1. Account of the preceding day's testimony, including Arthur Heyman's character testimony and cross-examination.
maryphagan.com/1913-08-15-al…
4. AC. The Atlanta Constitution. (Tuesday, October 14, 1913). Professional cards. Page 11, column 3. Advertisement listing Hugh M. Dorsey and Arthur Heyman among attorneys practicing from the Kiser Building. Mary Phagan Kean Legacy Project.
maryphagan.com/1913-10-14-do…
Transcript
The Atlanta Constitution
Tuesday, October 14, 1913
Page 5, Column 5
Dorsey Expected Back in Atlanta Wednesday
Generally Believed That Solicitor Will Ask Continuance of Leo Frank Hearing.
That Solicitor General Hugh M. Dorsey, who has been in Valdosta for a week with E. A. Stephens, his assistant, devoting himself to preparing a reply to the motion for a new trial for Leo M. Frank, will return on Thursday or Friday, of this week, was the statement made in a letter he sent to Atlanta yesterday. The solicitor does not state whether or not he will be prepared to reply to the defense on Saturday, when the case will be called, but it is believed that he will ask for further time. The defense cited 115 allegations upon which they base their claim for a new trial, and the reply to it is expected to be a lengthy one.
In the meantime the defense, after attacking Jurors A. H. Henslee and M. Johenning, have added further affidavits against Henslee. The latter stated in reply to the first charges that he had expressed belief in Frank's guilt of the Mary Phagan murder, that the statement had only been made after the trial was over. Various Monroe citizens now come forward and state that they have not seen Henslee since the trial, and that it was some time during June and before the trial started that he declared that Frank should be hung.
Statements have also been taken supporting the character and standing of the men who made the attack on Henslee. The charge of bias against the two jurors and the alleged errors in ruling made by Judge L. S. Roan during the trial form the basis on which a new trial will be demanded.
While the case is being postponed and the solicitor devotes his entire time to making his reply, court affairs in Fulton are getting each day more congested. Judge Roan is waiting until after the hearing to take his place on the bench of the court of appeals, and Judge Benjamin H. Hill, of that court, is waiting to become a member of the Fulton superior court. Should this change be made at present, the criminal business of the county could not proceed, as the county would have no solicitor to prosecute its cases or to present indictments to the grand jury.
Dorsey Coming Home
Valdosta, Ga., October 13. (Special.) Solicitor General Hugh Dorsey, and Assistant A. E. Stephens, who have been in Valdosta for ten days working on the state's answer to motion for new trial for Leo M. Frank, expect to leave for Atlanta Tuesday night to take up the continuation of the work there on Wednesday.
Mr. Dorsey is unable to say positively whether he will be ready for the hearing next Saturday or not. The solicitor and his assistant had not made as much progress tonight as they had planned for the day, despite the fact that they got to work this morning at 6 o'clock.
They have completed the brief in the case, and are taking up, section by section, the motion for new trial filed by Attorneys Rosser and Arnold for the defense. So busy are the solicitor and his assistant that they reluctantly were compelled to decline an invitation from Colonel W. H. West to spend Tuesday at his magnificent fishing preserve near this city.
It is understood that Solicitor Dorsey has greatly strengthened the state's case by affidavits secured from Juror Henslee on Saturday and from other parties. The contents of the affidavits are being jealously guarded.
The Atlanta Constitution
Tuesday, October 14, 1913
Page 11, Column 3
Professional Cards
P. H. Brewster, Albert Howell, Jr.
Hugh M. Dorsey, Arthur Heyman
Attorneys-at-Law.
Offices: 202, 204, 205, 206, 207, 208, 210
Kiser Building, Atlanta, Ga.
Long-Distance telephone 3022, 3024, and 3025, Atlanta, Ga.
Reference
1. AC. The Atlanta Constitution. (Tuesday, October 14, 1913). Dorsey expected back in Atlanta Wednesday, Dorsey coming home, and Professional cards. Page 5, column 5; page 11, column 3. Mary Phagan Kean Legacy Project.
maryphagan.com/1913-10-14-do…
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The Atlanta Journal: Officer W. F. Anderson at the Mary Phagan Coroner's Inquest: How Three Atlanta Newspapers Told Different Stories
The Atlanta Journal, The Atlanta Georgian, and The Atlanta Constitution
April 30–May 1, 1913
Coroner Paul Victor Donehoo
On Wednesday, April 30, 1913, Atlanta police officer W. F. Anderson became the first witness to testify at the coroner's inquest into the murder of 13-year-old Mary Phagan. The hearing was conducted by Fulton County Coroner Paul Victor Donehoo, who was trying to establish how Mary died and what evidence the police had gathered during their first visit to the National Pencil Company.
Anderson was an important witness because he was one of the first officers to enter the factory basement after night watchman Newt Lee reported finding Mary's body early Sunday morning, April 27, 1913. Anderson also received Lee's original telephone call to police headquarters, making him one of the first people to hear what the watchman reported.
Three major Atlanta newspapers covered Anderson's testimony: The Atlanta Journal, The Atlanta Georgian, and The Atlanta Constitution. Although they were reporting on the same hearing, they did not tell the story quite the same way. Each newspaper selected different details, and some of those differences are worth examining because they concern the physical evidence found in the basement (AJ, 2; AG, 3; AC, 4).
The Atlanta Journal Questions Newt Lee's Story
On Wednesday, April 30, The Atlanta Journal published an account of the inquest under the headline "Negro Watchman Tells Story of Finding Girl's Body and Questions Fail to Shake Him."
One of the biggest problems concerned the position of Mary's body.
Newt Lee claimed that when he first discovered Mary, she was lying on her back, with her face upward and her head pointing toward the rear of the building.
But Anderson and the other responding officers described finding her lying face downward, with her head pointing toward the front of the building.
That was a serious difference. If Lee was telling the truth about what he originally saw, someone might have moved the body between the time he discovered it and the time the police arrived.
Of course, another possibility was that Lee had become confused about the position. The newspaper could not establish which account was correct, but the disagreement immediately raised questions about what had happened in the basement.
The Journal also focused on another problem with Lee's story: the small lantern he was carrying.
Anderson described the lantern as smoky and weak, saying it gave very little light. According to his account, the lantern illuminated only about twelve to fifteen feet.
Lee had described noticing Mary's body from roughly twenty to thirty feet away, while standing near the basement toilet.
Anderson questioned how Lee could recognize a body at that distance, especially with a partition partly blocking his view.
The officers had stronger flashlights, yet they still had difficulty seeing the body until they moved closer.
This was an important question because investigators needed to know exactly what Lee could see from where he claimed to be standing.
The difference between seeing something lying on the floor and recognizing it as a dead person was something the attorneys would later examine during Frank's murder trial (AJ, 2).
The Atlanta Georgian Gives More Details About the Basement
The Atlanta Georgian reported Anderson's testimony in an article titled "Went Down Scuttle Hole on Ladder to Reach Body."
Its account gives us a better picture of what the officers encountered when they entered the factory.
Anderson explained that the police went through a trapdoor and climbed down a ladder into the basement. The area contained a boiler, elevator shaft, toilet, and a partition that blocked part of the view.
Mary's body was found near the end of the partition, approximately six feet from an outside wall (AG, 3).
These details help us understand the questions about Lee's lantern.
The basement was poorly lit, the partition blocked part of the room, and the body was lying in an area that could be difficult to see from the toilet.
The Georgian also gave more attention to the condition of Mary's body and clothing.
Anderson described a torn stocking, a missing shoe, bruises, and dirt and sawdust around her face. He also described the cord and cloth tied tightly around her neck.
These were important observations because they helped establish the condition of the body when police first arrived.
Anderson also identified one of the handwritten notes found near Mary's body. The newspaper described it as being written on yellow paper.
The notes eventually became important evidence during Frank's murder trial because prosecutors argued that Jim Conley had written them under Frank's direction. Frank's defense disputed that explanation.
The Georgian also reported that Anderson noticed a damaged fastening on the rear basement door.
Another detail deserves attention. Anderson acknowledged that the first responding officers did not search the second floor during their initial visit.
That means his observations were largely limited to the basement and the evidence discovered there.
It would be a mistake to treat his first visit as a complete investigation of the entire factory. Other investigators later examined the second floor and reported suspected bloodstains and strands of hair near machinery.
The Newspapers Disagree About Mary's Missing Shoe
One difference between the Journal and Georgian concerns where Mary's missing shoe was found.
The Georgian reported Anderson as describing the left shoe and hat near Mary's body.
The Journal placed the left slipper near the elevator in its account of the evidence (AJ, 2; AG, 3).
Those are two different locations.
This is important because investigators were trying to determine whether Mary's body had been dragged through the basement after the murder.
The location of her shoe could help explain where she had been moved and what happened along the way.
Was one newspaper mistaken? Did the reporters confuse the location where the shoe was discovered with the place where it was later placed? Or were they describing different observations made by different officers?
The original testimony needs to be checked carefully before deciding which account is correct.
This is one reason I believe it is important to compare the newspapers instead of relying upon only one version of the story.
The Atlanta Constitution Offers Another Explanation
On Thursday, May 1, The Atlanta Constitution published its account of the April 30 inquest under the headline "Newt Lee Tells His Story During Morning Session."
Like the other newspapers, the Constitution discussed the disagreement about the position of Mary's body.
But its reporter explored another possibility.
What if the murderer was still hiding somewhere in the basement when Newt Lee went downstairs?
Under that theory, Lee might have discovered Mary while the killer was still nearby. The person responsible could then have moved through the basement or escaped after hearing the watchman.
The newspaper even discussed the possibility that the murderer intended to burn Mary's body in the factory furnace (AC, 4).
These were theories, and the article did not establish that any of them actually happened.
What makes the report interesting is how differently the newspapers handled the same disagreement.
The Journal drew attention to problems with Lee's account, while the Constitution explored how Lee might have been telling the truth even though the responding officers found the body in another position.
The Constitution also described Lee as holding to his story during questioning.
That is worth remembering because Lee was an early suspect, and investigators were still trying to determine whether his account could be trusted.
Anderson Tried to Telephone Leo Frank
Another part of Anderson's testimony concerned his attempts to contact Leo Frank after police discovered Mary's body.
Anderson said he tried to telephone Frank early Sunday morning but received no answer.
He also attempted to contact other factory officials, including Herbert Haas and Sigmund Montag.
The Georgian reported the attempts to reach factory officials, while the Constitution gave particular attention to the difficulty police had contacting Frank (AG, 3; AC, 4).
This was important because Frank was the superintendent of the National Pencil Company, where Mary had worked and where her body had been found.
The police naturally wanted to speak with him as soon as possible.
However, Anderson could only testify about his attempts to make contact. An unanswered telephone did not prove whether Frank heard it, was sleeping, or was unavailable for another reason.
That distinction is important when examining the evidence against Frank. Anderson's testimony established that police tried to reach the superintendent and failed. The reason the telephone was not answered required additional evidence.
Anderson's August Trial Testimony Adds an Important Detail
Anderson testified again during Frank's murder trial on Saturday, August 2, 1913.
This time, defense attorney Luther Zeigler Rosser questioned him about the lantern and what Newt Lee could have seen in the dark basement.
Anderson's answers helped explain something that was not always clear in the earlier newspaper reports.
At the coroner's inquest, Anderson had questioned whether Lee could recognize Mary's body from the distance he described.
During the trial, however, Anderson acknowledged that a person might still see the general shape of an object without knowing exactly what it was.
He explained:
"You could see the bulk of anything that far" (BOE, 5).
That statement is important.
Seeing a dark shape lying on the floor is one thing. Recognizing that shape as the body of a dead girl is something else.
The August 2 trial coverage also described an experiment in which officers placed a box and sacks near the spot where Mary's body had been found.
Using a lantern, they tested whether the objects could be seen from farther away.
The experiment suggested that the general outline could be visible, even if the person looking could not clearly identify the object (AJ, 6).
This helps explain Anderson's earlier testimony.
He was questioning Lee's ability to recognize the body from where he claimed to be standing. The later testimony showed that the issue was more complicated than simply saying Lee could see nothing.
Whether the experiment accurately reproduced the conditions of the early morning discovery remains another question.
Another Disagreement About the Condition of Mary's Body
The newspapers also reported differences concerning the condition of Mary's body when police arrived.
The Constitution described Anderson as saying there was still some warmth in the body and that blood was flowing from certain wounds.
Other officers, including Sergeant Robert J. Brown, described the body as cold and stiff (AC, 4; AJ, 2).
This disagreement is worth examining because investigators were trying to estimate when Mary had died.
However, police officers were describing what they believed they observed. They were not conducting a medical examination to establish the time of death.
Different officers might have touched different parts of the body or used different words to describe what they saw and felt.
The exact time of death required medical evidence, and even that evidence had limits.
It would be a mistake to treat Anderson's observations as proof of a precise time when Mary was murdered.
Why Comparing These Newspapers Is Important
The three Atlanta newspapers agree on the basic events.
Anderson received Newt Lee's telephone report, responded to the National Pencil Company, entered the basement with other police officers, and observed Mary's body and the surrounding evidence.
All three newspapers reported problems with the conditions in the basement, particularly the poor lighting and the disagreement about the body's position.
But each newspaper gave readers something different.
The Atlanta Journal focused heavily on the questions surrounding Lee's story, particularly what he could see and why his description of the body differed from the officers' observations.
The Atlanta Georgian gave more details about the basement layout, Mary's clothing, the injuries described by Anderson, and the physical evidence found nearby.
The Atlanta Constitution discussed those same problems while considering whether someone else might have been hiding in the basement when Lee discovered the body.
These differences show why newspaper accounts need to be compared carefully.
A reporter might leave out an important question, shorten an answer, or spend more time discussing a theory about what happened.
That does not automatically make the reporting dishonest. It means the reader needs to separate what the witness actually said from what the newspaper thought his testimony meant.
Anderson's later trial testimony is especially useful because it allows us to compare the original inquest reporting with statements made under further questioning.
Why Officer Anderson Deserves More Attention
Officer W. F. Anderson was one of the first men to respond to the discovery of Mary Phagan's body. He received Newt Lee's telephone call, entered the basement, examined the scene, and described important physical evidence during the coroner's inquest.
He also testified about the weak lantern, the position of Mary's body, the handwritten notes, and his attempts to contact Leo Frank.
These observations became part of the evidence used to examine what happened inside the National Pencil Company.
Anderson was an early witness who could tell investigators what he personally saw before the factory had been subjected to days of questioning, searches, and public attention.
His testimony raised questions about Newt Lee's account, but it did not establish who murdered Mary.
What makes Anderson particularly interesting is how the different newspapers handled his testimony.
The Journal raised questions about Lee's story. The Georgian gave more details about the scene. The Constitution explored other explanations for the differences between Lee's statements and the officers' observations.
Reading all three accounts gives us a much fuller picture than relying on a single newspaper.
For anyone studying the Mary Phagan murder case, that is the value of Anderson's testimony. He helped establish what the police found during those first hours, while the newspapers show how that evidence was being reported and interpreted almost immediately.
The best way to understand his testimony is to compare the original inquest reports with what he later said during Frank's murder trial, paying close attention to the places where the accounts agree and where they differ.
References
1. VIDEO. Coroner's Inquest: W. F. Anderson, The Atlanta Journal, April 30, 1913. Approximately 5 minutes, 10 seconds. Historical video reenactment.
2. AJ. The Atlanta Journal. (Wednesday, April 30, 1913). Negro watchman tells story of finding girl's body and questions fail to shake him. Page 1, column 4, and page 6, column 1.
leofrank.tv/1913-04-30-negro…
3. AG. The Atlanta Georgian. (Wednesday, April 30, 1913). Went down scuttle hole on ladder to reach body. Coroner's inquest testimony of Officer Anderson.
leofrank.tv/1913-04-30-went-…
4. AC. The Atlanta Constitution. (Thursday, May 1, 1913). Newt Lee tells his story during morning session. Page 3. Coverage of the April 30 inquest.
leofrank.org/newt-lee-tells-…
5. BOE. Superior Court of Fulton County, Georgia. (1913). State of Georgia v. Leo M. Frank. Brief of Evidence, testimony and cross-examination of W. F. Anderson, August 2, 1913.
littlemaryphagan.com/the-mur…
6. AJ. The Atlanta Journal. (Saturday, August 2, 1913). Dr. Harris collapses on stand as he gives sensational evidence. Includes Officer Anderson's testimony and the lantern experiment.
maryphagan.com/1913-08-02-dr…
W. F. Anderson at the Mary Phagan Coroner's Inquest: The First Police Responder Under Oath
The Atlanta Policeman Who Described the Basement, Examined the Murder Evidence, and Questioned Newt Lee's Account of Discovering the Body
By M. Watts
Wednesday, April 30, 1913: Anderson Becomes the First Witness
On Wednesday morning, April 30, 1913, Atlanta Police Call Officer W. F. Anderson became the first witness examined when Coroner Paul Donehoo resumed the official inquest into the murder of thirteen-year-old Mary Phagan. Anderson had been among the first policemen summoned to the National Pencil Company during the early morning of Sunday, April 27, after night watchman Newt Lee telephoned police headquarters to report discovering a dead girl in the factory basement at 37–41 South Forsyth Street.
The six-member coroner's jury had originally assembled on Monday, April 28, and recessed. It reconvened on Wednesday at the undertaking establishment of P. J. Bloomfield on Pryor Street, where Mary's body had been held prior to her burial on Tuesday. Donehoo led the jurors to Atlanta police headquarters, where the witnesses were to be examined in the office of the Board of Police Commissioners.
The Atlanta Journal reported that the hearing began at approximately 9:10 a.m. The jurors were H. C. Ashford, L. Glenn Dewberry, J. C. Hood, C. A. Langford, John Miller, and C. Y. Sheats. Both Newt Lee and factory superintendent Leo M. Frank were being detained at police headquarters. Frank's defense attorney, Luther Z. Rosser, was also present during the proceedings (Atlanta Journal, 1).
Anderson's appearance was important because he had examined the basement during the first police response. His observations could help the jurors establish the body's position, the physical evidence around it, the possible entrances and exits, and the reliability of Lee's explanation of finding Mary.
The First Police Response: Sunday, April 27, 1913
Anderson began by describing the telephone call received at police headquarters shortly after 3 a.m. on Sunday.
The caller identified himself as Newt Lee, night watchman at the National Pencil Company, and reported discovering the body of a woman. Anderson asked whether the deceased was White or Black. Lee answered that she was White.
Anderson accompanied Sergeants L. S. Dobbs and R. J. Brown to the factory in an automobile driven by W. W. Rogers, commonly known as Boots Rogers. Newspaper reporter Britt Craig also accompanied the responding party.
When the officers reached the building, the street entrance was locked. They knocked until Lee descended from the second floor and admitted them. The watchman directed the party through a scuttle hole, an opening in the first floor containing a ladder descending into the basement.
Anderson described the interior as a poorly illuminated industrial cellar containing partitions, machinery, a boiler, rubbish, wood shavings, a toilet, and a rear exit. The officers moved toward the rear of the building, where Mary's body lay near the end of a partition on the left side.
Anderson told the inquest that the body was only a few inches from the partition and approximately six feet from an outside wall. Her head pointed toward the front of the factory, in the direction of Forsyth Street, and she was lying face downward.
His account in the April 30 Atlanta Georgian included the statement:
"I did not see the body until I reached it" (Atlanta Georgian, 2).
The remark demonstrates how difficult it was to see into the rear of the basement. Even officers who knew a body had been reported could not readily distinguish it from a distance.
Anderson Describes Mary's Injuries and Clothing
The coroner's jurors questioned Anderson about the physical condition of Mary's body.
He described a wound on the left side of her head near the temple and extending toward the back of the skull. Blood was visible on her head, and her eyes appeared bloodshot. Dirt and sawdust covered her face, mouth, eyes, and parts of her legs.
Her left shoe was missing from her foot, the left stocking was torn, and the skin below her left knee appeared scraped. Her clothing had been displaced upward, and the stocking supporters were unfastened.
Anderson identified wrapping cord and a strip of material torn from Mary's underclothing around her neck. The Atlanta Journal described the cord as approximately six or seven feet long. These objects were among the most important items examined because they were associated with the fatal strangulation (Atlanta Journal, 1).
Anderson also described how heavily soiled the girl's body had become. He said the dirt initially made it difficult to determine whether she was White, although Lee had already identified her race during the telephone call.
Other officers gave similar testimony. Sergeant Brown explained that the policemen examined an exposed area of skin beneath a stocking to establish the victim's race.
During a later portion of the hearing, Anderson was recalled to testify about the body's condition. The Journal reported that the legs were not completely stiff and that blood beneath the hair remained moist. The newspaper also attributed an observation about blood still flowing to Anderson.
These were observations made by a policeman, not a medical calculation of the time of death. The evidence did not establish precisely how many hours had passed since Mary was killed.
The Disagreement Over the Body's Position
One of the most consequential questions concerned whether Mary had been lying face upward or face downward when Newt Lee originally discovered her.
Anderson told the inquest that the body was face downward, with the head toward Forsyth Street. Lee, however, testified that he found her face upward, with her head directed toward the rear of the building.
The Atlanta Journal made this contradiction a central feature of its April 30 coverage.
If Lee had left the body untouched after discovering it and remained upstairs until the police arrived, the two descriptions could not both represent its unchanged position.
The disagreement raised questions concerning whether Lee had confused the direction of the body, whether the officers misunderstood his original account, or whether someone had moved it.
No explanation was established simply by identifying the conflict.
Anderson's account was supported by other responding officers, who described seeing Mary lying face downward. But Lee continued to maintain his own version during the inquest.
The contradiction was particularly important because the police were still investigating Lee as a suspect. Any inconsistency between what he claimed and what the responding officers witnessed attracted close attention.
Boots Rogers later complicated the issue by testifying that Lee originally told the police the body was lying on its face. That recollection differed from the face-up position Lee described at the inquest (Atlanta Journal, 1) (Atlanta Journal, 3).
The disagreement therefore remained a question of witness reliability and recollection rather than a settled demonstration that the body had been moved between the discovery and the police response.
The Hat, Missing Shoe, and Murder Notes
Anderson also described physical objects discovered around Mary's body.
He identified the yellow-paper murder note during the hearing and recalled seeing Sergeant Dobbs pick up one of the handwritten notes.
The notes appeared to implicate the night watchman and would become a central subject of the later murder trial.
Anderson also described the discovery of a pencil and writing tablet in the basement. The Atlanta Georgian quoted him:
"We also found a tablet and a pencil" (Atlanta Georgian, 2).
He could not say with certainty which of the four or five men present originally found those particular objects.
This was an important limitation. Anderson witnessed the initial evidence collection, but he did not personally discover or recover every item.
The newspapers also reported conflicting locations for Mary's missing shoe and hat.
The Georgian attributed to Anderson a location near the front and right side of the body. The Journal placed the missing slipper nearer the elevator, while Sergeant Dobbs subsequently described the hat and shoe together on a rubbish pile near the boiler.
These differences are significant because the original locations of Mary's belongings could help reconstruct how her body reached the basement and whether her personal effects had been moved separately.
The inquest reports do not establish one uncontested location for the objects.
The Bloody Handkerchief: A Reported Piece of Evidence
One unusual part of Anderson's testimony concerned a possible bloody handkerchief.
The April 30 Atlanta Georgian reported that Anderson was asked whether there were signs of a struggle near Mary's body. He answered that evidence of a disturbance existed behind the location where she lay and described a bloody handkerchief approximately seven or eight feet away.
This item deserves attention because it was absent from Anderson's condensed official trial testimony.
The subsequent courtroom proceedings provide an additional connection. On Wednesday, July 30, 1913, Solicitor Hugh M. Dorsey attempted to introduce several physical exhibits, including the cord, clothing, personal effects, and a bloody handkerchief.
The Atlanta Journal reported that the exhibits were admitted except for the handkerchief. Rosser objected because the item had not been sufficiently identified (Atlanta Journal, 4).
The two reports establish that a bloodstained handkerchief was discussed during the inquest and that a bloody handkerchief was subsequently offered during the trial.
They do not conclusively establish that the two accounts concern the same item or prove its ownership. Nor does the newspaper's description establish that the staining was scientifically confirmed as Mary's blood.
The handkerchief therefore remains an important but incompletely documented part of the early physical evidence.
The Rear Basement Door and the Pulled Staple
Anderson was questioned about the rear basement entrance.
He reported that a staple associated with the door fastening had been pulled loose. The Atlanta Georgian described the door as closed despite the disturbed hardware. The Atlanta Journal suggested that the fastening had been drawn and that the door had been opened.
These reports differ in an important detail.
The condition of the door could indicate possible access through the rear of the factory, but the damaged fastening did not establish whether an intruder had entered or escaped during the murder.
It also did not establish when the staple had been pulled loose.
Anderson's observation was nevertheless valuable because it documented the condition of an alternate entrance during the first police examination.
The rear door would receive additional attention during the trial and Governor Slaton's 1915 review, particularly when investigators and attorneys discussed whether James Conley or another person might have used it.
The Most Disputed Evidence: Could Newt Lee See Mary With His Lantern?
The longest-running controversy associated with Anderson's inquest testimony concerned the ability of Newt Lee to see the body from the basement toilet.
Lee explained that he had gone into the basement to use the toilet and left his lantern on the floor. When he emerged, he noticed something unusual near the partition.
Anderson examined Lee's lantern and described its glass as heavily smoked or darkened by soot.
He estimated that the distance from the toilet to Mary's body was approximately twenty-five to thirty feet.
Dr. J. W. Hurt questioned Anderson about the effective distance of the lantern's illumination.
The Atlanta Journal recorded the officer's answer:
"He couldn't have seen more than twelve or fifteen feet" (Atlanta Journal, 1).
The Atlanta Georgian reported an estimate of ten to twelve feet.
Anderson also believed the partition might obstruct the light, making recognition of a person from the toilet area particularly difficult.
The significance was apparent. If Lee could not see the body from where he claimed to be standing, the accuracy of his discovery account would be called into question.
Yet the issue required more care than simply comparing distances.
Lee said he initially noticed an unidentified object, thought it might be a prank, and approached it. Recognizing the outline of something unusual at twenty-five feet did not require identifying it immediately as a dead girl.
Lee had also spent time working in a dimly illuminated factory, and his eyes may have been more accustomed to darkness than those of officers entering from comparatively brighter surroundings. The actual extent of his dark adaptation cannot now be determined.
These possibilities did not invalidate Anderson's observations. They limited what could be concluded from them.
Anderson's Unsuccessful Telephone Calls to Leo Frank
Anderson testified that after examining the body and questioning Lee, he attempted to telephone Leo M. Frank, the superintendent of the National Pencil Company.
The telephone rang, but no one answered.
Anderson then contacted another person associated with the factory, identified in the April 30 Georgian as Mr. Haas. Sergeant Brown had instructed him to try to contact company officials.
The Atlanta Journal also reported Brown's corroboration of Anderson's unsuccessful attempts to reach Frank.
The police had a practical reason to contact the superintendent. A murdered employee had been discovered in the premises he managed, and the responding officers needed information about the factory and those who had access to it.
The unanswered calls later became part of the prosecution's circumstantial presentation concerning Frank's conduct.
However, Anderson's testimony established the attempted communications, not the reason Frank failed to answer. He could not determine whether Frank heard the telephone ringing or was asleep.
His evidence was therefore relevant to the early investigative chronology but did not independently prove that Frank knew about the murder.
Anderson Is Recalled to the Witness Stand
The April 30 hearing included another important moment when Anderson was recalled.
After the testimony of other officers, Mary's clothing was presented to the coroner's jury. The Atlanta Journal described her brother becoming visibly distressed when he saw the garments and leaving the room.
Anderson was questioned again about the clothing and the position of the body.
He reiterated that Mary was face downward, with her head toward the front of the building. He also described the condition of her legs and the moisture of blood beneath her hair.
The jurors were therefore comparing Anderson's observations with those of other officers and with Lee's account of discovering the body.
The clothing itself became part of the inquest's examination of the physical evidence.
Anderson's second appearance reinforced his role as a firsthand witness to the original basement scene.
What the Coroner's Inquest Established About the First Police Investigation
Anderson was also asked how thoroughly the responding officers had examined the factory.
He acknowledged that their first investigation did not include an examination of the second floor.
This is particularly important when considering the prosecution's later contention that Mary was murdered in the second-floor metal department and subsequently moved to the basement.
Anderson could testify about the condition of the basement. He could describe the body, its position, nearby objects, the rear doorway, and Newt Lee's statements.
He could not personally testify about the condition of Frank's office or the metal department during the first police response.
Later police investigations and other witnesses provided evidence about suspected blood spots, hair on the bench lathe, and the possible location of the original attack.
Anderson's testimony therefore established the starting point of the investigation rather than the complete reconstruction ultimately offered by the prosecution.
August 1–18, 1913: His Inquest Evidence Returns During the Murder Trial
Anderson testified for the prosecution at Leo Frank's murder trial on Friday, August 1, 1913.
The official Brief of Evidence preserved his sworn testimony on printed pages 39–40 (Fulton County Superior Court, 5).
During cross-examination, Luther Rosser questioned him about Lee's lantern and the original statements Anderson made at the inquest.
The following day's Atlanta Journal reported Anderson qualifying his original estimate. He acknowledged that someone could see the general shape of an object at a distance without recognizing exactly what it was.
A later nighttime experiment using a box covered with sacks demonstrated the possibility of seeing an indistinct object near Mary's original location (Atlanta Journal, 6).
On Monday, August 18, Rosser introduced part of Anderson's earlier coroner's inquest testimony.
That excerpt became Defendant's Exhibit 93.
It appears on printed page 307 of the Brief of Evidence prepared for the Georgia Supreme Court proceedings.
The document records Anderson's account of Lee emerging from the toilet, standing near his lantern, and observing something approximately twenty-five feet away.
Anderson stated:
"I could not see that far with the lantern that he had" (Fulton County Superior Court, 8).
He then estimated useful visibility at approximately ten or twelve feet.
Defendant's Exhibit 93 was an excerpt of Anderson's earlier inquest testimony introduced by Frank's defense during the original murder trial. It was not a separate statement taken by the Georgia Supreme Court.
It preserves a portion of his original inquest account in a formal legal document, making it particularly useful for comparing the contemporary newspaper reports with the evidence introduced at trial.
The complete original transcript of Anderson's April 30 examination has not yet been independently located.
Why Anderson's Inquest Testimony Was Important to the Case Against Frank
Anderson's evidence was important because it established what the first responding police officers encountered at the factory.
His description of the body's position, clothing, injuries, bindings, and surroundings helped create the original record of the crime scene. His account of the murder notes confirmed their presence during the first police examination.
His observations of the basement floor, partitions, rubbish, and rear exit were relevant to theories concerning how Mary's body reached the cellar and whether another entrance might have been used.
His unsuccessful telephone calls contributed to the prosecution's examination of Frank's activities after the discovery.
These observations could support aspects of the prosecution's reconstruction when considered alongside the testimony of other witnesses.
Yet Anderson did not witness the attack or personally identify the murderer. His testimony did not establish that Frank carried Mary's body into the basement, dictated the murder notes, or deliberately avoided the telephone.
Anderson's strongest contribution was his firsthand documentation of the original physical scene and his account of what Newt Lee said and did during the police response.
The lantern dispute was particularly important during the coroner's investigation because it raised early doubts about Lee, who was then being detained as a suspect. It subsequently became evidence that the defense used to examine the reliability of the first police reconstruction.
Both uses of his testimony are part of the historical record.
Conclusion: The First Witness and the First Official Reconstruction
W. F. Anderson's testimony on Wednesday, April 30, 1913, established an important foundation for the investigation into Mary Phagan's murder.
He was the first witness examined when the coroner's jury resumed its formal inquiry at police headquarters.
He described the original response, the condition and position of Mary's body, the evidence surrounding her, the rear basement door, the handwritten notes, and the difficulty of seeing through the poorly illuminated basement.
He also questioned Newt Lee's explanation of discovering the body and documented his attempts to contact Leo Frank.
The April 30 newspapers preserve details absent from Anderson's condensed trial testimony, including the reported bloody handkerchief, the original locations attributed to Mary's belongings, and the extent of the officers' first examination.
The subsequent introduction of Defendant's Exhibit 93 provides a rare surviving excerpt of his coroner's inquest testimony in the official trial evidence.
Together, these sources establish Anderson as an important early witness whose observations were revisited during the murder trial and preserved with the appellate record.
His testimony remains essential to understanding what Atlanta police observed during the first hours of the Mary Phagan investigation and how the original evidence was examined under oath.
References
The Atlanta Journal. (1913, April 30). Negro watchman tells story of finding girl's body and questions fail to shake him (p. 1, col. 4; p. 6, col. 1). Mary Phagan Kean Legacy Project.
maryphagan.com/1913-04-30-ne…
The Atlanta Georgian. (1913, April 30). Went down scuttle hole on ladder to reach body. Mary Phagan Kean Legacy Project.
maryphagan.com/1913-04-30-we…
The Atlanta Journal. (1913, May 8). Phagan inquest in session; six witnesses are examined before adjournment to 2:30. Mary Phagan Kean Legacy Project.
maryphagan.com/1913-05-08-ph…
The Atlanta Journal. (1913, July 30). Defense to claim strands of hair found were not Mary Phagan's. Mary Phagan Kean Legacy Project.
maryphagan.com/1913-07-30-de…
Fulton County Superior Court. (1913). State of Georgia v. Leo M. Frank: Brief of evidence (pp. 39–40, sworn testimony of W. F. Anderson). Mary Phagan Kean Legacy Project.
maryphagan.com/019-w-f-ander…
The Atlanta Journal. (1913, August 2). Dr. Harris collapses on stand as he gives sensational evidence. Mary Phagan Kean Legacy Project.
maryphagan.com/1913-08-02-dr…
The Atlanta Journal. (1913, August 18). Frank takes stand, tells his story. Mary Phagan Kean Legacy Project.
maryphagan.com/1913-08-18-fr…
Fulton County Superior Court. (1913). State of Georgia v. Leo M. Frank: Brief of evidence (Defendant's Exhibit 93, p. 307, Anderson's earlier coroner's inquest testimony). Leo Frank Case Archive.
leofrank.org/trial-and-evide…
Lucas Wheeler America First 🌲🇰🇵🇮🇷🇻🇪🇵🇸 retweeted
Leo Frank's Defense Continues Attacking the Jury as Hugh Manson Dorsey Prepares to Answer 115 Grounds for a New Trial
The Atlanta Constitution
Thursday, October 16, 1913
Page 5, Column 1
Related Report: Page 7, Column 5
On Thursday, October 16, 1913, The Atlanta Constitution reported that Solicitor General Hugh Manson Dorsey had returned to Atlanta after spending more than ten days in Valdosta, Georgia, preparing his response to Leo Frank's motion for a new trial. Frank had been convicted of murdering 13-year-old Mary Phagan on Monday, August 25, 1913, following a four-week trial. Judge Leonard Strickland Roan sentenced him to death the following day (AC, 1).
Frank's execution had originally been scheduled for October 10, but his sentence was suspended while his attorneys pursued another trial. By October 16, the defense had raised 115 grounds for overturning the verdict, including alleged errors by Judge Roan, accusations of prejudice against jurors, and claims that cheering and demonstrations had influenced the jury.
Frank's attorneys, Luther Zeigler Rosser and Reuben Rose Arnold, were continuing their investigation in several Georgia cities. The newspaper suggested they might be gathering evidence against a third juror, although no additional affidavits had been filed against the two already under attack, Atticus Haygood Henslee and Marcellus Johenning (AC, 1).
Dorsey, meanwhile, was preparing affidavits defending the jury and challenging the accusations. His task was substantial because the defense was questioning numerous decisions made during a trial lasting nearly a month.
The Defense's 115 Grounds for a New Trial
The 115 grounds were legal complaints about the original proceedings. They were not 115 separate pieces of evidence proving Frank innocent.
On October 2, The Atlanta Constitution had explained that the defense's amended motion challenged testimony admitted during the trial, remarks made by prosecutors, Judge Roan's rulings, and the conduct of spectators. It also accused Henslee and Johenning of having prejudged Frank (AC, 2).
Many of the objections concerned testimony and rulings that had already been debated during the murder trial. Dorsey now had to review the evidence and explain why the judge's decisions did not justify another trial.
One detail deserves closer examination. Although the October newspapers repeatedly described 115 grounds, the Georgia Supreme Court later stated that the motion contained 103 grounds. The court made this statement when denying the subsequent request for rehearing (GSC, 6).
That leaves a difference of twelve grounds. Were some withdrawn, combined, or excluded from the final motion? The published opinion does not explain the difference, and the original amended motion should be examined before drawing conclusions.
For now, the point is that a large number of objections did not necessarily mean the defense had established a large number of legal errors.
The Accusations Against Henslee and Johenning
The defense's attacks on the jury were among the most serious parts of its motion.
Atticus Haygood Henslee, a traveling salesman, was accused by witnesses from several Georgia communities of expressing strong opinions about Frank's guilt before the trial. Some witnesses claimed he had said Frank deserved to be hanged.
Henslee denied entering the courtroom with his mind already made up. He maintained that he had expressed the general belief that whoever murdered Mary Phagan deserved punishment, but had not decided Frank was guilty before hearing the evidence.
The defense also accused Marcellus Johenning of expressing an opinion about Frank's guilt before the trial. Johenning denied being prejudiced and disputed the meaning of statements attributed to him.
The accusations deserved investigation, but they depended heavily upon witnesses remembering conversations held weeks or months earlier. Some disputes concerned the dates of those conversations, what the jurors supposedly said, and whether the witnesses had accurately remembered their remarks.
Dorsey was gathering statements from the accused jurors and other witnesses to challenge those accounts.
The October 16 report also raised the possibility of a third juror being accused. Yet the newspaper did not identify him or confirm that an affidavit had been filed.
Three days later, on October 19, The Atlanta Journal still described the existence of affidavits against a third juror as an unconfirmed rumor. The original affidavits furnished to Dorsey named only Henslee and Johenning (AJ, 4).
This deserves attention because the newspapers were repeatedly reporting the possibility of another accusation without establishing that the defense had actually produced the promised evidence.
A proposed accusation should not be confused with a documented finding of prejudice.
Dorsey Investigates the Claims About Cheering
Another important part of the October 16 article concerned the defense's claim that cheering and demonstrations had affected the jury.
The newspaper reported that Dorsey was attempting to obtain affidavits from all twelve jurors stating that they had not heard the cheering for the prosecutor during the trial.
Several jurors were away from Atlanta, which complicated his efforts to collect their statements (AC, 1).
There is an important question here that deserves more attention. What did the jurors actually hear, and when did they hear it?
The defense was arguing that public demonstrations influenced the verdict. But hearing a crowd cheer after a verdict had been reached was different from being pressured into reaching that verdict in the first place.
There was also a separate legal issue concerning the cheering heard while the jurors were individually questioned about their verdict after it was announced. Even though the verdict had already been returned, a juror still needed to answer freely when asked whether it represented his own decision.
The Georgia Supreme Court later acknowledged that loud cheering occurred outside the courthouse during the polling of the jury. It also discussed laughter and applause inside the courtroom during the trial (GSC, 6).
The majority concluded that the established incidents did not justify overturning the conviction. It relied in part on affidavits indicating that the jurors had not been prevented from answering truthfully during the poll.
This is more precise than claiming there was no cheering or that the courthouse had remained quiet. The disturbances occurred. The legal question was whether they had interfered with Frank's substantial rights.
The Defense Also Contributed to the Delays
The October 16 newspaper reported that Dorsey was expected to request another postponement because he was not ready to answer the defense's lengthy motion.
At first glance, this might suggest that the prosecution was responsible for holding up the proceedings.
However, the subsequent reports show that the situation was more complicated.
On October 19, The Atlanta Journal reported that Dorsey had asked Rosser for copies of any additional affidavits collected by the defense. Rosser agreed, provided Dorsey furnished copies of the prosecution's affidavits in return.
Both attorneys agreed to exchange their documents (AJ, 4).
This was an important development because it allowed each side to examine the accusations and responses rather than face unfamiliar evidence when the hearing began.
The same article reported that Rosser was concerned about his neglected civil cases. If Frank's motion was not resolved promptly, Rosser warned that he might have to ask for a postponement until December.
In other words, the defense was also considering a substantial delay.
Judge Roan wanted the matter resolved sooner and indicated that he was reluctant to grant another lengthy postponement.
The delays were therefore the result of a complicated legal dispute involving both sides. Dorsey needed time to answer the motion, while Frank's attorneys were still gathering evidence and managing their other professional responsibilities.
The October 16 report was correct that the Frank case had delayed other business, but blaming the entire delay on the prosecution would give readers an incomplete picture.
Four Thousand Pages Reduced to Four Hundred
Another interesting detail appeared in the October 19 report.
Dorsey and Leonard Haas, an attorney representing Frank, were working together to examine the trial record and agree upon the portions that were not disputed.
According to The Atlanta Journal, approximately 4,000 pages of material had been reduced to a brief of evidence containing about 400 pages (AJ, 4).
This represented a reduction of roughly 90 percent.
The brief of evidence was intended to provide a manageable account of the testimony for use in the legal proceedings. That did not mean the remaining 90 percent was unimportant or that evidence had been improperly concealed. The purpose was to organize the relevant record for judicial review.
The newspaper reported that Dorsey and Haas had worked through only 68 pages during one Saturday morning.
At that rate, reviewing the agreed statement of evidence was time-consuming, even with attorneys from both sides participating.
This gives us a better understanding of why the motion could not be prepared and answered overnight.
It also shows that the opposing attorneys were capable of cooperating on the accuracy of the trial record while disagreeing strongly about whether Frank deserved another trial.
The Frank Case Delays Other Criminal Proceedings
The October 16 article reported that the Frank motion was holding up criminal business in Fulton County Superior Court.
Dorsey was responsible for prosecuting criminal cases and presenting indictments to the grand jury. His extended work on Frank's motion meant other cases were waiting.
Judge Roan was preparing to leave the Stone Mountain Judicial Circuit for the Georgia Court of Appeals. Judge Benjamin Harvey Hill was waiting to assume a position on the Fulton County Superior Court.
These changes were connected to the completion of the Frank proceedings.
Two days later, on October 18, The Atlanta Constitution reported that the criminal division was expected to resume its regular business on Monday, October 27. The newspaper explained that numerous cases had been held up and that the grand jury was expected to meet during the following week (AC, 3).
This reveals a side of the case that receives relatively little attention. While Frank's attorneys and Dorsey argued about the original verdict, other people awaiting criminal proceedings were also affected.
The same October 16 edition carried another small detail. On page 7, column 5, the newspaper reported that Dorsey's quarterly financial statement had not yet been received by the state comptroller general.
The reporter suggested that his work on the Frank case probably explained the delay (AC, 1).
That explanation was speculation, but it shows how the case was affecting ordinary county administration as well as courtroom business.
Judge Roan and the Supreme Court Examine the Accusations
On October 21 and 22, Dorsey's rebuttal evidence began receiving extensive coverage.
The Atlanta Constitution reported that the prosecution had gathered affidavits from jurors, deputy sheriffs, and bailiffs. The court officers denied that unauthorized people had spoken with the jurors, while the jurors maintained that their verdict had been based upon the evidence presented during the trial (AC, 5).
The defense continued challenging Henslee and Johenning, but their accusations were met with sworn denials and evidence questioning the reliability of some witnesses.
Judge Roan considered the competing statements and denied Frank's motion on Friday, October 31, 1913.
The defense appealed to the Supreme Court of Georgia, which upheld Roan's ruling by a vote of four to two on February 17, 1914.
The court examined the accusations against Henslee and Johenning and acknowledged that the defense had presented evidence suggesting prejudice.
However, both jurors had denied the accusations. The Supreme Court concluded that Judge Roan had not abused his discretion in deciding the conflicting evidence (GSC, 6).
The court also reviewed the complaints concerning courtroom demonstrations and ruled that the irregularities established in the record did not require another trial.
These findings did not prove every defense witness was dishonest. They established that the challenges, as presented and evaluated, were insufficient to overturn the verdict.
What the October 16 Article Really Shows
The October 16 report captures the Frank case at a point when the defense was still looking for additional grounds to attack the jury while the prosecution was preparing its answers.
Frank's attorneys had every right to challenge possible prejudice, but their accusations had to withstand examination. Dorsey had the same right to question the witnesses and produce evidence defending the jurors.
The more interesting story is how the accusations developed after the headlines appeared.
The threatened third-juror challenge remained unconfirmed in the newspaper accounts examined. Henslee and Johenning denied the charges against them. Dorsey gathered affidavits from jurors and court officers, and the defense continued pressing its complaints about cheering and public pressure.
The legal proceedings also reveal that both sides contributed to the extended timetable, while other Fulton County criminal cases waited for the Frank motion to be resolved.
By February 1914, the Georgia Supreme Court had reviewed the major objections and upheld Judge Roan's refusal to order another trial.
For anyone studying the Mary Phagan murder case, these records demonstrate why newspaper accusations must be followed through to their legal conclusions.
The defense's claims deserve examination, but so do the prosecution's rebuttals and the courts' findings. A large number of accusations, even 115 of them, did not automatically establish that Frank's trial had been unfair.
The important question was whether the defense could prove errors serious enough to overturn the verdict. In the issues examined here, Judge Roan and the Georgia Supreme Court concluded that it had not.
References
1. AC. The Atlanta Constitution. (Thursday, October 16, 1913). Dorsey will request postponement again and County officers' fees for third quarter. Page 5, column 1; page 7, column 5.
maryphagan.com/1913-10-16-do…
2. AC. The Atlanta Constitution. (Thursday, October 2, 1913). 115 reasons given why Frank should get another trial. Page 1, column 7.
maryphagan.com/1913-10-02-11…
3. AC. The Atlanta Constitution. (Saturday, October 18, 1913). Criminal court will convene Monday week. Page 9.
leofrank.org/library/atlanta…
4. AJ. The Atlanta Journal. (Sunday, October 19, 1913). New feature in Frank case perhaps tomorrow. Page 1, column 5.
maryphagan.com/1913-10-19-ne…
5. AC. The Atlanta Constitution. (Wednesday, October 22, 1913). Many affidavits defend the jury. Page 1, column 4.
maryphagan.com/1913-10-22-ma…
6. GSC. Supreme Court of Georgia. (Tuesday, February 17, 1914). Frank v. State, 141 Ga. 243, 80 S.E. 1016. Sections 16–20, concerning courtroom disturbances, jury polling, juror prejudice, and the motion for a new trial; subsequent opinion on rehearing.
openjurist.org/141/ga/243/fr…
Transcript
The Atlanta Constitution
Thursday, October 16, 1913
Page 5, Column 1
Will Be Practically Impossible for Him to Answer Leo Frank's Petition on Saturday
Renewed activities on the part of the defense of Leo M. Frank, convicted of the murder of Mary Phagan, were apparent Wednesday, coincident with the return to Atlanta of Solicitor General Hugh M. Dorsey and his announcement for him to be ready by Saturday to reply to the motion for a new trial.
It is stated upon apparently good authority that the attorneys defending the young factory superintendent are prosecuting their work in several other cities, but it is not known whether this is for the purpose of securing affidavits attacking a third juror, or whether it means a new phase to their side of the questions.
No Additional Affidavits
Thus far no additional affidavits have been filed against Jurors A. H. Henslee and M. Johenning, whom the defense charges expressed bias in the case before they were sworn in as jurors.
It is the general belief now that the solicitor will be prepared to go with the case by next Thursday or Wednesday and that the hearing will be held then, provided the defense has no new evidence to introduce.
The solicitor is said to be working to obtain affidavits from each of the twelve men who convicted Frank to the effect that they did not hear the cheering for the solicitor during the trial, as charged by the defense. Thus far, it is known that he has not obtained all of these affidavits, as several of the jurors have been out of Atlanta for quite a while.
Other affidavits backing up his defense are being gathered by the solicitor and a strong fight will be made by the state at the hearing.
E. A. Stephens, assistant to Solicitor Dorsey, did not return from Valdosta Wednesday. Mr. Stevens will remain in the south Georgia town for a day or so longer and will continue his work from that end.
115 Reasons Cited
In the petition for a new trial which is now due to be heard about the middle of next week by Judge L. S. Roan, the defense has cited 115 reasons why their plea should be granted and the solicitor and his assistant have been devoting practically all of their time to replying to it.
The delay, which in this case has clogged the wheels of the criminal division of superior court in Fulton, is not regarded as more than is customary in any similar motion, but as the work of the courts is halted until the Frank case is ended, officials would like to see the hearing come off as soon as possible.
It is expected that when the solicitor appears in court Saturday and requests another delay from Judge Roan, that the plea will be granted and the case set for next week. This, however, may be changed by some further action of either the solicitor or Attorneys Luther Z. Rosser and Reuben R. Arnold, representing the convicted man.
Reference
1. AC. The Atlanta Constitution. (Thursday, October 16, 1913). Will be practically impossible for him to answer Frank's petition on Saturday and County officers' fees for third quarter. Page 5, column 1; page 7, column 5.
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Leo Frank's Defense Faces Questions About the Trial Record as Dorsey Gathers Affidavits Defending the Jury
The Atlanta Constitution
Friday, October 17, 1913
Page 2, Column 1
On Friday, October 17, 1913, The Atlanta Constitution reported an interesting development in Leo Frank's attempt to obtain another trial for the murder of 13-year-old Mary Phagan. Solicitor General Hugh Manson Dorsey and defense attorney Leonard Haas were preparing to meet and settle disagreements concerning the original trial record. The newspaper explained that the conference had been delayed because the records had arrived late from Valdosta, Georgia (AC, 1).
Frank had been convicted by a unanimous jury on Monday, August 25, 1913, following a four-week murder trial. Judge Leonard Strickland Roan sentenced him to death the following day. Frank's attorneys were now seeking to overturn that verdict by arguing that mistakes, improper rulings, and prejudice had deprived him of a fair trial.
The October 17 article is particularly interesting because it shows the prosecution and defense working together on one important responsibility: establishing an accurate record of what actually happened in court.
Leonard Haas and Dorsey Examine the Trial Record
The newspaper reported that Dorsey and Leonard Haas, one of Frank's attorneys, were expected to meet and review disputed portions of the legal papers. Dorsey believed certain statements in the defense's motion contained errors, and the attorneys hoped to resolve those disagreements without requiring Judge Roan to decide every disputed point (AC, 1).
This was important because Frank's defense was asking the courts to overturn a murder conviction based partly upon what allegedly happened during the original trial. The written record needed to accurately reflect the testimony, objections, and rulings.
If the defense claimed that Judge Roan had improperly admitted evidence or made an incorrect ruling, the lawyers needed to establish exactly what had been said and what the judge had decided.
An inaccurate account could weaken the argument.
The meeting between Dorsey and Haas also shows that the attorneys were capable of cooperating on factual questions while strongly disagreeing about the verdict.
Two days later, on Sunday, October 19, The Atlanta Journal provided additional information about their work.
The newspaper reported that the original trial materials amounted to approximately 4,000 pages, while the condensed brief of evidence contained approximately 400 pages.
That was a reduction of about 90 percent.
Dorsey and Haas had spent Saturday morning examining the brief, but managed to review only 68 pages (AJ, 2).
This was a slow process because the attorneys had to agree upon the substance of the evidence being presented for judicial review.
Their agreement on the wording of the record did not mean Haas accepted the prosecution's arguments or Dorsey accepted the defense's objections. It meant both sides were attempting to establish a common account of what the witnesses had said and what had occurred during the trial.
This is a useful detail when examining Frank's appeals. The case involved thousands of pages of material, and the attorneys were working through the record rather than relying entirely upon newspaper accounts.
The Defense Was Also Agreeing to Delays
Another interesting detail concerns the repeated postponements.
The October 17 article reported that Frank's attorneys had practically agreed not to oppose another delay in the hearing. Dorsey had returned from Valdosta and believed he could finish preparing his response by Tuesday or Wednesday of the following week (AC, 1).
This complicates the suggestion that the prosecution alone was responsible for postponing the proceedings.
Dorsey needed time to prepare his response, but the defense was also continuing to gather evidence and review the trial record.
On October 19, The Atlanta Journal reported that defense attorney Luther Zeigler Rosser was concerned about his neglected civil cases. Rosser explained that if Frank's motion was not resolved promptly, he might have to request a postponement until December (AJ, 2).
Judge Roan, however, wanted the motion heard without another lengthy delay.
These reports show that the postponements were being discussed by both sides. Frank's attorneys were not simply demanding an immediate hearing while the prosecutor refused to proceed.
The work was extensive, and both sides needed time to prepare.
Dorsey Challenges the Accusations About Cheering
The second major subject in the October 17 article concerned the defense's accusations that cheering and public demonstrations had influenced the jury.
Frank's attorneys argued that the crowds surrounding the courthouse created an atmosphere of intimidation. They claimed the jurors had heard cheering for Dorsey and could have been pressured into finding Frank guilty.
Dorsey was gathering affidavits from the jurors to answer those accusations.
According to The Atlanta Constitution, the jurors who had already submitted statements denied being influenced by the crowds. Most maintained that they had not heard the alleged cheering or did not understand what the noise was about (AC, 1).
This raises a question the defense needed to answer.
If the men who actually served on the jury denied being influenced, what evidence could establish that outside spectators had controlled their verdict?
The defense had collected affidavits from people who claimed the jurors must have heard the demonstrations. However, assuming that someone heard a disturbance was different from establishing that he had been influenced by it.
The prosecution was preparing to challenge that assumption with the jurors' own sworn statements.
There was another problem. The October 17 newspaper reported that the attorneys disagreed about whether affidavits denying improper influence could properly be admitted as rebuttal evidence.
That was a legal question, not simply an argument over whose witnesses were more believable.
The court had to decide what kinds of statements could be considered when evaluating the defense's accusations.
The Difference Between Cheering Before and After the Verdict
The timing of the cheering deserves particular attention.
On Tuesday, October 21, The Atlanta Journal reported that the prosecution had produced between thirty-five and forty affidavits, including statements from nearly all the jurors.
The jurors generally denied that cheering had influenced their decision. However, they acknowledged hearing applause inside the courtroom and cheering outside after the guilty verdict was announced (AJ, 3).
This creates an important difference.
If a jury heard spectators cheering for the prosecutor before reaching a verdict, the defense could argue that the demonstration placed improper pressure upon the jurors.
But if the jury had already reached its verdict before hearing the cheering, the argument that the demonstration caused the original decision became more difficult.
There was still a separate question concerning the polling of the jury.
After the guilty verdict was announced, Frank's attorneys requested that the jurors be questioned individually to confirm that each man agreed with the decision.
The cheering outside the courthouse occurred during that process.
A juror still needed to be free to answer truthfully when questioned, even after the verdict had been announced.
The Georgia Supreme Court later acknowledged that the cheering was loud and continued while the jurors were being polled. However, the majority concluded that the jurors' sworn statements supported the finding that the noise had not prevented them from answering truthfully (GSC, 4).
This is an important part of the legal record.
The courts did not find that the courthouse had remained quiet. They considered whether the disturbances had interfered with the jury's ability to perform its duties.
That is a more accurate description than either denying that cheering occurred or assuming that the cheering automatically invalidated the verdict.
The Jurors' Own Statements Become Important Evidence
Dorsey's investigation produced another development that deserves attention.
The defense had accused jurors Atticus Haygood Henslee and Marcellus Johenning of holding prejudiced opinions about Frank before the trial.
Both men denied the accusations.
The prosecution also gathered statements from other jurors and court officers challenging allegations of improper conversations and outside influence.
By October 22, The Atlanta Constitution reported that deputy sheriffs and bailiffs had submitted affidavits denying that unauthorized people had spoken with jurors while they were under court supervision (AC, 5).
This broadened the dispute.
The defense was not simply arguing that spectators had behaved improperly. It was challenging whether the twelve jurors had remained independent throughout the proceedings.
Dorsey's response was to examine the accusations individually and produce witnesses who could describe what occurred.
Frank's attorneys were entitled to challenge the jury's conduct, but the accusations had to withstand examination. The jurors' denials and the court officers' statements were part of the evidence Judge Roan needed to consider.
What the Georgia Supreme Court Eventually Decided
On Friday, October 31, 1913, Judge Roan denied Frank's motion for a new trial.
Frank's attorneys appealed, and on Tuesday, February 17, 1914, the Supreme Court of Georgia upheld Roan's ruling by a vote of four to two.
The court addressed the defense's claims about courtroom disturbances, the cheering during the polling of the jury, and the accusations of prejudice against Henslee and Johenning.
Regarding the cheering, the court concluded that the jurors' affidavits supported Roan's decision that the disturbance had not prevented an honest polling of the jury.
Regarding Henslee and Johenning, the court recognized that the defense had produced evidence suggesting prejudice. However, both jurors denied the accusations, and the majority concluded that Roan had not abused his discretion in resolving the conflicting statements (GSC, 4).
The court did not establish that every defense witness was dishonest. It found that the record did not justify overturning the trial judge's decision on these issues.
Why the October 17 Article Is Important
The October 17 report offers a useful look at the work taking place behind the scenes while Frank's defense was attempting to obtain another trial.
Leonard Haas and Hugh Manson Dorsey were preparing to settle disagreements over the trial record. Frank's attorneys had agreed not to oppose another short postponement, while Dorsey was gathering sworn statements from jurors who denied that public demonstrations had influenced their decision.
The legal fight was becoming a dispute over exactly what happened during the trial, which witnesses could be believed, and whether the alleged irregularities justified setting aside the verdict.
The defense had every right to challenge possible misconduct. However, a claim that jurors had been intimidated needed evidence showing that their independence or their ability to answer honestly had been affected.
The jurors' sworn statements presented a direct challenge to that argument.
There is also a larger historical point worth considering. The attorneys were cooperating to establish an accurate trial record at the same time they were preparing to argue over its meaning.
That record became the foundation for the appeals.
For anyone studying the Mary Phagan murder case, the October 17 article is a reminder that the legal proceedings involved more than newspaper headlines and accusations. They also involved careful work reviewing testimony, examining affidavits, and resolving disagreements over the original record.
The defense's claims were examined, the prosecution answered them, and the courts ultimately decided that the challenges discussed here did not justify overturning Frank's conviction.
References
1. AC. The Atlanta Constitution. (Friday, October 17, 1913). Dorsey to be ready by next Wednesday. Page 2, column 1. Leo Frank Papers.
leofrank.com/atlanta-constit…
2. AJ. The Atlanta Journal. (Sunday, October 19, 1913). New feature in Frank case perhaps tomorrow. Page 1, column 5. Mary Phagan Kean Legacy Project.
maryphagan.com/1913-10-19-ne…
3. AJ. The Atlanta Journal. (Tuesday, October 21, 1913). Motion to quash indictment gets judge's approval. Includes the jurors' affidavits concerning the cheering and the defense's accusations.
maryphagan.com/1913-10-21-mo…
4. GSC. Supreme Court of Georgia. (Tuesday, February 17, 1914). Frank v. State, 141 Ga. 243, 80 S.E. 1016. Sections 16–18, concerning courtroom disturbances, the polling of the jury, and the challenges against individual jurors.
syfert.com/georgia/cases/141…
5. AC. The Atlanta Constitution. (Wednesday, October 22, 1913). Many affidavits defend the jury. Page 1, column 4. Mary Phagan Kean Legacy Project.
maryphagan.com/1913-10-22-ma…
Transcript
The Atlanta Constitution
Friday, October 17, 1913
Page 2, Column 1
Dorsey to Be Ready by Next Wednesday
The proposed conference between Solicitor General Hugh M. Dorsey and Attorney Leonard Haas, representing the defense of Leo M. Frank, whose motion for a new hearing is expected to be taken up next Wednesday, did not take place yesterday, due to the late arrival from Valdosta of the record in the case.
The two attorneys are expected to meet today. There are a number of points to be gone over, and it is expected that certain points claimed by the state to be errors in the plea will be agreed upon one way or the other out of court.
It is understood that the defense has practically agreed not to protest to the postponement from Saturday morning. Solicitor Dorsey stated when he arrived from Valdosta, where he spent the time studying the case in quiet, that he believed he would be ready by Tuesday or Wednesday. It is believed that the case will come up on the latter day.
The solicitor is yet busy gathering affidavits from the Frank jurors to the effect that they did not hear the cheering, and also that they were not influenced in any way by the crowd. The question was to whether or not the latter affidavits will be allowed as part of the rebuttal is one upon which all attorneys are not agreed.
All of the jurors who have made statements following the sensational charges of the defense have declared that they were not influenced by the cheering, and most of them declared that they did not hear it or know what the noise was about.
The Atlanta Constitution
Friday, October 17, 1913
Page 11, Column 3
Professional Cards
P. H. Brewster, Albert Howell, Jr.
Hugh M. Dorsey, Arthur Heyman
Dorsey, Brewster, Howell & Herman
Attorneys-at-Law.
Offices: 202, 204, 205, 206, 207, 208, 210
Kiser Building, Atlanta, Ga.
Long-Distance telephone 3022, 3024, and 3025, Atlanta, Ga.
Reference
1. AC. The Atlanta Constitution. (Friday, October 17, 1913). Dorsey to be ready by next Wednesday and Professional cards. Page 2, column 1; page 11, column 3. Leo Frank Papers.
leofrank.com/atlanta-constit…
Lucas Wheeler America First 🌲🇰🇵🇮🇷🇻🇪🇵🇸 retweeted
Leo Frank himself declares that antisemitism was absolutely not the reason for his case, that he calls a libel against himself.
Lucas Wheeler America First 🌲🇰🇵🇮🇷🇻🇪🇵🇸 retweeted
Officer W. F. Anderson: Comparing His Testimony at the Mary Phagan Coroner's Inquest With the Leo Frank Murder Trial Testimony He Gave
The Atlanta Journal
Wednesday, April 30, 1913, and Saturday, August 2, 1913
A Comparison of the Coroner's Inquest and Murder Trial Testimony
Officer W. F. Anderson was one of the first Atlanta policemen to enter the basement of the National Pencil Company after night watchman Newt Lee reported finding 13-year-old Mary Phagan's body early Sunday morning, April 27, 1913. Anderson received Lee's telephone call at police headquarters and responded to the factory with other officers, where he examined the basement and observed Mary's body.
Three days later, on Wednesday, April 30, Anderson became the first witness questioned at the coroner's inquest conducted by Fulton County Coroner Paul Victor Donehoo. His testimony raised several questions about Newt Lee's story, particularly how Lee could have spotted Mary's body from such a distance using a small, smoky lantern in a dark basement.
About three months later, on Friday, August 1, Anderson testified again, this time at Leo Frank's murder trial before Judge Leonard Strickland Roan. His testimony was reported in the Saturday, August 2 edition of The Atlanta Journal (AJ, 1; AJ, 2).
Comparing these two accounts is interesting because Anderson did not explain everything exactly the same way. Some of his answers at the trial helped clarify what he had said at the inquest, while others introduced details that were missing from the earlier newspaper reports. The biggest differences concerned the lantern, the tracks in the basement, the location of a pencil near Mary's body, and Anderson's attempts to telephone Leo Frank.
Newt Lee's Lantern and What He Could Actually See
One of the biggest questions at the April 30 inquest concerned Newt Lee's claim that he first noticed Mary's body from approximately twenty to thirty feet away. Lee had been standing near the basement toilet, where a partition blocked part of his view. The basement was dark, and his small lantern was dirty and smoky, giving off very little light.
Dr. J. W. Hurt questioned Anderson about whether Lee could have seen Mary's body from that distance. According to The Atlanta Journal, Anderson answered, "He could not." Anderson estimated that the lantern illuminated only twelve to fifteen feet, which was considerably less than the distance Lee described (AJ, 1).
This raised a serious question about Lee's account. How could he recognize a dead girl from twenty or thirty feet away when the officers themselves had difficulty seeing her, even with stronger flashlights? Anderson's answer suggested that Lee's description of what he saw did not agree with the lighting conditions in the basement.
However, when Anderson testified at Frank's murder trial in August, his explanation became more specific. Under questioning by defense attorney Luther Zeigler Rosser, Anderson acknowledged that a person might see the general shape of something lying on the floor without being able to identify exactly what it was.
The official Brief of Evidence records Anderson explaining:
"You could see the bulk of anything that far, but you couldn't tell that far whether it was a person" (BOE, 4).
That answer helps explain the earlier disagreement. Anderson was questioning Lee's ability to recognize Mary's body from a distance, although his later testimony acknowledged that someone might still notice a large object lying on the floor. Seeing a dark shape was one thing. Recognizing it as the body of a dead girl was something else entirely.
This is an important point when comparing the two accounts because Anderson's August explanation was more careful than the short answer published in April. His testimony at the trial did not establish that Lee could clearly identify Mary's body from twenty-five feet away. It did establish that seeing some kind of object from that distance was possible.
The Police Experiment With the Lantern
During Frank's murder trial, Anderson described an experiment the police had conducted in the factory basement after Mary's murder. The officers returned to the building at approximately 10 at night and placed a box covered with sacks near the spot where Mary's body had been discovered. They then positioned a lantern where Lee claimed his lantern had been resting.
Solicitor General Hugh Manson Dorsey questioned Anderson about what the officers could see from that position. Anderson replied, "Yes, we could make out the bulk" (AJ, 2).
The experiment showed that the general shape of an object could be seen under the conditions the officers tested. However, a box covered with sacks was not the same as Mary's body, and the newspaper did not establish that the lantern and surrounding light were identical to the conditions Lee experienced early Sunday morning.
There was another detail that became important during Rosser's questioning. Anderson admitted that when he originally examined the basement for the coroner, he used an electric police searchlight instead of relying entirely upon Lee's lantern. He even produced the searchlight in court and demonstrated its brightness for the jury.
That difference should not be overlooked. Anderson's original examination was conducted with a much stronger light than the one Lee had been carrying. The later experiment helped address the problem, but it was still an attempt to recreate the scene after the murder.
The experiment made Lee's account of noticing an object more believable than Anderson's earliest statement seemed to suggest. Whether Lee could have recognized that object as Mary's body remained another question.
The Position of Mary's Body and the Tracks in the Basement
Another problem raised at the inquest concerned the position of Mary's body.
Newt Lee claimed that when he first discovered Mary, she was lying face upward, with her head toward the rear of the building. Anderson and the other responding officers described finding her face downward, with her head toward the front.
Those were two very different descriptions. If Lee remembered correctly, someone might have moved the body between the time he discovered it and the time police arrived. Another possibility was that Lee had become confused about the position. Anderson's testimony established what he said the officers found, but it did not explain why Lee described something different.
At the August trial, Rosser questioned Anderson more closely about tracks in the basement dirt. Anderson described tracks on the left side of Mary's body leading toward the shavings room. He also explained that the officers had entered the area from the right side, a detail that helped establish where the tracks were located in relation to the body (AJ, 2).
Rosser wanted to know whether Anderson had actually seen evidence showing where Mary's body had been dragged. Anderson acknowledged that he had not personally seen the place where the body was supposedly dragged, although he had observed tracks near the body and toward the shavings room.
These details are useful because the basement contained ordinary factory rubbish, including pencils, cinders, and other materials. Marks in the dirt could have been made by workers, police officers, or someone involved in the murder. Anderson could describe what he observed, but the tracks alone did not establish who made them or when.
It is also worth keeping the tracks toward the shavings room separate from the drag trail that other officers described between the elevator and the place where Mary's body was found. Those were different parts of the basement, and confusing them could lead to mistakes about how the body was moved.
The Pencil and the Murder Notes
Another small difference between the April and August newspaper accounts concerns a pencil discovered near Mary's body.
At the inquest, The Atlanta Journal reported that a pencil was found approximately five feet from the body. During the murder trial, Anderson estimated the distance at about eight or ten feet (AJ, 1; AJ, 2).
That is a difference of three to five feet. It may have been an uncertain estimate, a mistake in the newspaper report, or a difference in what Anderson was describing. Without a complete word-for-word record of the inquest, it would be premature to claim that Anderson deliberately changed his account.
Rosser also established during the trial that pencils were scattered throughout the basement. This was a pencil factory, so finding an ordinary pencil on the floor was not surprising. Unless the pencil could be connected to the murder in some additional way, its presence alone did not identify the person responsible.
Anderson's testimony about the handwritten murder notes was more consistent.
At the April inquest, he described being present when one of the notes was discovered near Mary's body. The Atlanta Georgian reported that Sergeant L. S. Dobbs picked up the note while Anderson was there (AG, 3).
At the August trial, Anderson again confirmed that he had seen Sergeant Dobbs pick up one of the notes. There was no major difference between the accounts on this point.
The notes later became important evidence during Frank's trial because the prosecution argued that Jim Conley wrote them under Frank's direction. The defense disputed that explanation. Anderson's testimony helped establish how one of the notes was discovered, but he could not tell the jury who wrote it or who placed it near Mary's body.
Anderson's Attempts to Telephone Leo Frank
Anderson's attempts to contact Leo Frank became more detailed during the murder trial.
At the April inquest, the newspapers reported that Anderson tried to telephone Frank after Mary's body was discovered but received no answer. He also attempted to reach other National Pencil Company officials, including Herbert Haas and Sigmund Montag.
During the August trial, Anderson provided more specific times. He said he first attempted to telephone Frank at approximately 3:30 Sunday morning. He heard the telephone ringing and continued trying for about five minutes, but nobody answered.
Anderson then contacted police headquarters and attempted to reach Haas and Montag. He testified that he tried Frank again at approximately 4 or 4:10 in the morning and still received no answer (AJ, 2).
These details were important because Frank was the superintendent of the factory where Mary had worked and where her body had been discovered. The police wanted to contact him as soon as possible, and Anderson's testimony established that repeated attempts had been made.
However, the unanswered calls did not prove Frank heard the telephone or deliberately refused to answer it. Anderson could tell the jury when he called, how long he waited, and whether anyone answered. He could not establish what Frank was doing inside his home at the time.
The August testimony therefore added useful details to the earlier account without establishing why the calls went unanswered.
What Anderson Observed About Mary's Injuries
At the April inquest, Anderson gave a detailed description of Mary's body and clothing. He reported injuries to her head and leg, a torn stocking, dirt and sawdust around her face, and cord and cloth tied tightly around her neck.
He also described the condition of the blood and the body. Some newspaper accounts reported that he noticed warmth or moisture, while other officers described Mary's body as cold and stiff (AC, 5).
During the August trial, the Brief of Evidence recorded Anderson saying there was a wound on the left side of Mary's head. He described blood that was dry on the outside but still wet closer to the skin (BOE, 4).
These accounts are not necessarily contradictory. Blood in a person's hair could be drying on the surface while remaining moist closer to the scalp. Different officers might also have examined different parts of the body or described what they felt in different ways.
The important point is that Anderson was describing what he personally observed when police first arrived. He was not conducting a medical examination to determine the exact time of death, and his observations should not be treated as proof of precisely when Mary was murdered.
Why the Inquest and Trial Accounts Need to Be Compared Carefully
One detail from the August trial deserves special attention because it affects how we compare Anderson's testimony.
After Anderson finished testifying, court stenographer H. L. Parry was questioned about the testimony given at the coroner's inquest. Rosser asked whether Parry had recorded Anderson's statements during that earlier hearing.
Parry checked his records and answered that he had not (AJ, 2).
That means the April 30 newspaper reports cannot automatically be treated as complete, word-for-word transcripts of Anderson's testimony. Reporters selected what they considered important, shortened some answers, and sometimes described testimony in their own words.
The later Brief of Evidence was also a prepared court record rather than a complete transcript of every question and answer.
Because of this, differences between the April and August accounts need to be examined carefully. A different estimate or a more detailed explanation does not necessarily mean Anderson contradicted himself. Sometimes the later testimony simply explains something that was shortened or left unclear in the earlier newspaper coverage.
The lantern provides the clearest example. At the inquest, Anderson appeared to reject Lee's ability to see the body from the reported distance. At the trial, he explained that someone might see an object's general shape without recognizing what it was.
His August answers helped explain the limits of the earlier statement.
What Changed Between April and August?
The biggest change concerned what Anderson believed Lee could see with his lantern. His inquest testimony raised doubts about Lee's account, while his later testimony and the police experiment showed that the general shape of an object might still be visible from the distance Lee described.
Other differences involved additional details rather than clear contradictions.
At the trial, Anderson gave more precise times for his telephone calls to Frank, explained the location of tracks near Mary's body, and answered questions about objects found on the basement floor. His estimate of the distance to a pencil also differed from the earlier newspaper account.
At the same time, several parts of his testimony remained broadly consistent. Anderson continued to describe the dark basement, Lee's weak lantern, the discovery of the handwritten note, and his unsuccessful attempts to reach Frank.
The attorneys were also asking questions for different reasons.
During the inquest, investigators were trying to determine what happened to Mary and whether Newt Lee's account could be trusted. By August, Frank was on trial for murder, and both sides were using Anderson's observations to support or challenge different explanations of the crime.
That difference helps explain why the testimony was examined more closely during the murder trial.
Conclusion
Comparing Officer W. F. Anderson's April 30 inquest testimony with his August 1 murder-trial testimony gives us a fuller picture of the first police investigation into Mary Phagan's murder.
Anderson was one of the first officers to examine the basement. He described Mary's body, the poor lighting, the handwritten notes, the tracks, and his attempts to contact Leo Frank. His testimony also raised questions about Newt Lee's description of finding the body.
What stands out to me is how Anderson's answers about the lantern became more precise during the trial. At the inquest, he strongly questioned whether Lee could see Mary's body from twenty to thirty feet away. At the trial, he acknowledged that a person might see a large object from that distance without knowing what it was.
That was an important qualification, especially after the police conducted their experiment with a box and sacks. The experiment supported the possibility of seeing an object, although it did not prove that Lee could recognize Mary's body under the conditions he described.
The other differences deserve attention, too. The location of the pencil, the tracks near the body, and the more detailed account of the telephone calls all help us understand how Anderson's testimony developed between April and August.
Still, there are limits to what his testimony established. Anderson could describe what he saw when he entered the factory. He could explain what Lee reported and what the officers discovered. He could not establish who murdered Mary Phagan from those observations alone.
For anyone studying the case, I believe the April newspaper accounts and the August trial testimony should be read together. The early reports show what investigators were questioning immediately after the murder, while the trial record shows how those observations held up under further questioning.
The important thing is to pay attention to what Anderson actually observed, what he estimated, and what he could not know. That gives us a much clearer understanding of his role in the investigation than relying upon a single newspaper account.
References
1. AJ. The Atlanta Journal. (Wednesday, April 30, 1913). Negro watchman tells story of finding girl's body and questions fail to shake him. Page 1, column 4; page 6, column 1. Coroner's inquest testimony of Officer W. F. Anderson.
leofrank.com/atlanta-journal…
2. AJ. The Atlanta Journal. (Saturday, August 2, 1913). Dr. Harris collapses on stand as he gives sensational evidence. Page 5. Reporting the Friday, August 1 testimony, including Anderson's examination, cross-examination, and the lantern experiment.
maryphagan.com/1913-08-02-dr…
3. AG. The Atlanta Georgian. (Wednesday, April 30, 1913). Went down scuttle hole on ladder to reach body. Coroner's inquest testimony of Officer Anderson.
leofrank.tv/1913-04-30-went-…
4. BOE. Superior Court of Fulton County, Georgia. (1913). State of Georgia v. Leo M. Frank. Brief of Evidence, testimony of Officer W. F. Anderson, nineteenth witness for the state.
leofrank.com/leo-frank-trial…
5. AC. The Atlanta Constitution. (Thursday, May 1, 1913). Newt Lee tells his story during morning session. Page 3. Reporting the April 30 coroner's inquest.
leofrank.org/newt-lee-tells-…
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Rebuilding the Leo Frank Trial Transcript From Press Reports
The Mary Phagan Case in the Atlanta Journal vs Atlanta Constitution | Policeman W. F. Anderson: How Two Atlanta Newspapers Reported His Testimony Differently
The Atlanta Constitution and The Atlanta Journal, Saturday, August 2, 1913
When Atlanta policeman Wyman F. Anderson testified at the Leo Frank murder trial on Friday, August 1, 1913, two of Atlanta's leading newspapers reported different portions of his testimony.
The Atlanta Constitution published an article titled “Policeman W. F. Anderson Tells of Newt Lee's Telephone Call.” Its competitor, The Atlanta Journal, covered Anderson in a much longer article titled “Dr. Harris Collapses on Stand as He Gives Sensational Evidence.”
Both newspapers covered the same witness, but the Journal preserved considerably more of his questioning about the factory basement, the tracks near Mary Phagan's body, and the police experiments involving Newt Lee's lantern.
Comparing these reports with the trial's Brief of Evidence gives us a fuller picture of what Anderson told the jury.
The Telephone Calls to Leo Frank
Anderson was one of the first officers involved in the investigation. He received Newt Lee's telephone call reporting a dead woman at the National Pencil Company factory early Sunday morning, April 27, 1913.
After arriving at the factory, Anderson tried to telephone Leo Frank, the factory superintendent.
The Constitution reported Anderson saying he attempted to reach Frank for “Five minutes or more,” without receiving an answer. He tried again around 4 a.m., again without success (AC, 1).
The Journal reported essentially the same account, including Anderson's statement that he could hear Frank's telephone ringing. It also reported that Anderson contacted other people connected with the factory (AJ, 2).
Here the newspapers differed.
The Constitution identified the other people as “Mr. Selig and Mr. Montag.” The Journal named Herbert Haas and Sigmund Montag.
The trial's Brief of Evidence supports the Journal's account, recording Anderson's calls to Haas and Montag (BOE, 3).
This is an important difference. The newspapers agreed that Frank could not be reached, while other calls received responses within minutes. However, the surviving testimony does not establish whether Frank heard the telephone or deliberately ignored it.
The Tracks Near Mary Phagan's Body
The Journal gave much more attention to Anderson's observations inside the factory basement.
During cross-examination, defense attorney Luther Z. Rosser questioned Anderson about the tracks found near Mary's body.
Anderson described their location as:
“On the left hand side of the body, leading from the body to the shavings room” (AJ, 2).
Rosser then asked which side of the body the police approached. Anderson answered that they approached from the right.
That raises an interesting question. If the officers approached from the right, who made the tracks Anderson observed on the left?
The Constitution also mentioned the tracks, but described them more generally, including tracks throughout the cellar and near the shaving room (AC, 1).
The Brief of Evidence supports Anderson's description of tracks leading toward the shaving room (BOE, 3).
Anderson was reporting physical marks he observed at the scene. His testimony did not establish who made them or when, but their location deserved attention.
The Journal also reported that Anderson found a pencil approximately eight to ten feet from Mary's body. Under Rosser's questioning, he acknowledged that pencils, cinders, and other debris were common throughout the basement (AJ, 2).
Could Newt Lee Have Seen the Body?
Another important part of Anderson's testimony concerned whether Newt Lee could have seen Mary's body with his lantern.
Lee claimed he discovered the body while making his rounds through the factory basement.
The defense questioned whether his lantern provided enough light to see what he described.
Both newspapers reported that police conducted an experiment using a box covered with sacks, placed approximately where Mary's body had been found.
The Constitution reported that Anderson could see the general shape of something in the darkness, but could not clearly identify it as a body (AC, 1).
The Journal provided more detail.
According to Anderson, the police conducted an experiment around 10 p.m. shortly after the murder. They placed the covered box near the body's original position and set the lantern where Lee said his lantern had been.
The officers could make out the shape of the object, but identifying it was another question.
The Journal also reported that Anderson used an electric police searchlight during a separate visit connected with the coroner's investigation.
This is an important difference in the experiments. An electric searchlight would provide different lighting from Lee's smoky lantern (AJ, 2).
The Brief of Evidence confirms that Anderson believed someone might see the general shape of an object without recognizing it as a person (BOE, 3).
The question was whether Lee could have recognized Mary's body under the same lighting conditions he described on the morning of April 27.
What Anderson Observed About Mary's Injuries
The Brief of Evidence preserves additional observations that received less attention in the two newspaper accounts.
Anderson testified that he saw blood on Mary's underclothing and described a wound on the left side of her head. He said some blood had dried while blood closer to the skin remained wet (BOE, 3).
The Constitution reported Anderson describing the underclothing as “dirty and soiled,” but did not give the same details about the blood and head wound in its short article (AC, 1).
These observations help establish what police saw when they examined Mary's body, although Anderson's testimony alone could not determine precisely when her injuries occurred.
Questions About His Earlier Coroner's Inquest Testimony
The Journal also preserved an interesting exchange concerning Anderson's earlier testimony at the coroner's inquest.
Rosser repeatedly challenged Anderson about statements he claimed the officer had made concerning the lantern experiment and the tracks.
Later, court stenographer H. L. Parry was questioned about which witnesses' testimony he had recorded during the inquest.
Parry examined his records and confirmed that he had not recorded Anderson's testimony (AJ, 2).
That does not mean Anderson never testified at the inquest or that no other account existed. It means Parry could not verify Anderson's earlier words from his own stenographic record.
This is worth remembering when comparing Anderson's answers at the trial with Rosser's questions about what he supposedly said earlier.
Why These Newspaper Differences Are Important
The Constitution concentrated primarily on Anderson's telephone calls, his arrival at the factory, and a shorter account of the basement investigation.
The Journal preserved more of the courtroom exchanges, including questions about the tracks, the lantern, the police experiments, and Anderson's earlier statements.
The clearest factual difference is the identification of Selig versus Haas. On that point, the Brief of Evidence agrees with the Journal.
The other differences concern how much testimony each newspaper printed and which details its reporters chose to emphasize.
Anderson was an important prosecution witness because he helped establish the police response, documented the unsuccessful attempts to contact Frank, and described physical evidence found near Mary's body.
His testimony also gave the defense an opportunity to challenge Newt Lee's account and question the reliability of the police experiments.
What I find interesting is how much more we learn by reading these accounts together. Two newspapers covered the same officer on the same day, yet each preserved details the other omitted.
The Brief of Evidence helps fill some of those gaps, but even that record is condensed.
This is why I believe the original newspapers and court records should be studied together. Anderson's testimony offers a useful example of how comparing several historical sources can reveal details we might otherwise overlook.
References
1. AC, The Atlanta Constitution. Saturday, August 2, 1913. “Policeman W. F. Anderson Tells of Newt Lee's Telephone Call.”
leofrank.com/atlanta-constit…
2. AJ, The Atlanta Journal. Saturday, August 2, 1913. “Dr. Harris Collapses on Stand as He Gives Sensational Evidence.” Sections concerning Policeman W. F. Anderson, the tracks, and police experiments.
maryphagan.com/1913-08-02-dr…
3. BOE, Brief of Evidence. Fulton County Superior Court, Georgia. State of Georgia v. Leo M. Frank, 1913. Testimony of W. F. Anderson, nineteenth witness for the prosecution.
maryphagan.com/019-w-f-ander…
Policeman W. F. Anderson: The First Responder Who Entered the Basement Where Mary Phagan Was Found
Sunday, April 27, 1913: The Telephone Rings at Police Headquarters
At approximately 3:20 a.m. on Sunday, April 27, 1913, a telephone call reported a killing at the National Pencil Company factory on South Forsyth Street in Atlanta. The officer who answered the call was W. F. Anderson.
Anderson did not know what awaited him at the factory. He was responding to an emergency report, and he had to act quickly. The Atlanta Constitution later described the moment in a July 20 article about the discovery of Mary Phagan's body. Its reportage portrayed Anderson dropping the telephone receiver and calling to the desk sergeant:
“I'm no mind-reader,” retorted Anderson, diving for the door.
The newspaper then quoted him shouting:
“Killing up on Forsyth street!”
The article was written by Britt Craig and published nearly three months after the murder. It is a dramatic newspaper reconstruction, not a verbatim police transcript. Nevertheless, it identifies Anderson as the officer who received the initial call and set the response in motion (The Atlanta Constitution, Sunday, July 20, 1913).
The police officers traveled to the factory in an automobile driven by Woods White Rogers AKA W. W. “Boots” Rogers, a former county policeman. Sergeant L. S. Dobbs and other officers joined the response. When they reached the factory, they encountered Newt Lee, the night watchman toting a smoky lantern, who had reported finding a young girl's body in the basement.
Anderson was one of the officers who entered the building and examined the scene. His testimony would become important because he could describe what the responding officers encountered during the first hours of the investigation, before the case developed into the highly publicized prosecution of factory superintendent Leo M. Frank.
What Anderson found in the basement
The National Pencil Company building stood on South Forsyth Street, between Alabama and Hunter Streets. The building had four floors, with manufacturing and office areas above a basement.
Lee led the officers toward the basement entrance. The officers descended by a ladder through a scuttle opening. They encountered a dark area where the available light came from lanterns and police lights.
Mary's body lay on the basement floor near a partition. Anderson described her position, clothing, injuries, and the objects nearby. His account became part of the evidence used to reconstruct the discovery.
The precise location of each object deserves attention. Newspaper reports do not always agree about where the shoe, hat, handkerchief, pencil, and papers lay. A careful account should preserve those differences rather than combine them into one description.
Anderson also described the condition of the basement door and its fastening. The newspapers reported a staple that had been pulled from the fastening. This was relevant to the investigation of access to the building, but the observation alone could not establish when the staple had been disturbed or who had disturbed it.
Anderson was a first responder, not a forensic scientist. He could tell the coroner what he saw. His testimony could not, by itself, identify the killer or establish the time and manner of every act inside the factory.
Wednesday, April 30, 1913: Anderson testifies at the coroner's inquest
Three days after the discovery, the coroner's inquest resumed at Atlanta police headquarters. Coroner Paul Donehoo presided, and the jury examined the evidence surrounding Mary's death.
Anderson was the first witness examined during the resumed proceedings. The Atlanta Journal reported his account of the discovery, the condition of the basement, Mary's body, and the questions raised by Lee's story.
One of the central questions concerned the lantern Lee said he had used. Lee's account placed him at a distance from the body when he first noticed something on the basement floor. Anderson questioned whether the smoky lantern could have provided enough light for Lee to recognize what he was seeing.
The Atlanta Journal reported Anderson estimating that the lantern would illuminate roughly twelve to fifteen feet. The Atlanta Georgian gave a similar estimate of approximately ten to twelve feet.
The surviving trial record preserves Anderson's earlier statement as Defendant's Exhibit 93, printed page 307 of the Brief of Evidence. It records his words:
“With the lantern that he had I could see about ten or twelve feet, something like that.”
The exhibit is relevant because it preserves a portion of Anderson's original inquest testimony, allowing it to be compared with his later testimony at Frank's trial (The Atlanta Journal, Wednesday, April 30, 1913; The Atlanta Georgian, Wednesday, April 30, 1913; Brief of Evidence, Defendant's Exhibit 93, p. 307).
The lantern question was not a small detail. If Lee could not clearly identify the body from where he said he stood, the jury had reason to examine how he discovered it and what he actually saw. At the same time, Anderson's estimate was not a controlled scientific test. Visibility depended on the condition of the lantern, the darkness, the angle of view, and the objects between the light and the body.
The disagreement over the body's position
Another issue concerned Mary's position when the officers arrived.
The Atlanta Journal reported that Anderson and the responding officers found Mary lying face downward, with her head toward the front of the building. Lee was reported as giving a different description of the body's position when he first discovered it.
This raised an obvious question: had Lee described the scene incorrectly, or had the body been moved between discovery and the officers' examination?
The testimony alone did not answer that question. A difference between two descriptions is a reason to investigate, not proof that someone moved the body.
The testimony of Rogers adds another layer. At the May 8 inquest session, Rogers described Lee's account of finding Mary and said the officers found her face downward. His recollection did not match every version of Lee's initial description printed in the newspapers.
These differences are important because the early accounts were later used to reconstruct the crime scene. They should be examined individually, with the speaker and date identified, rather than treated as if every report repeated exactly the same words.
What Anderson said about the objects near Mary
The newspapers also discussed a pencil, writing paper, notes, and a handkerchief found in the basement.
The Atlanta Georgian reported Anderson describing a note and other objects, but its account also indicates uncertainty about who found particular items. Anderson saw Sergeant Dobbs pick up a note. He was not necessarily the person who collected every object mentioned in the investigation.
At trial, Anderson was questioned about a pencil found near the body. The Atlanta Journal reported him estimating that the pencil was eight or ten feet away. He also acknowledged that pencils were common throughout the factory.
That qualification is important. A pencil found in a pencil factory was not, by itself, evidence identifying the person who had handled it. The same principle applies to paper and other ordinary factory materials. Their location could be relevant, but their importance depended on additional evidence connecting them to the crime.
The prosecution's case included the notes found near Mary's body. Anderson's testimony helped establish what officers encountered at the scene, but it did not establish who wrote the notes. Other witnesses and exhibits were needed to address that question.
Anderson's attempts to reach Leo Frank
Anderson's testimony was relevant to the investigation of Frank because the officers attempted to contact the factory superintendent after finding Mary's body.
According to the later trial testimony, Anderson tried to reach Frank by telephone at approximately 3:30 a.m. He continued trying for several minutes and made another attempt around 4 a.m. The calls were unsuccessful.
Rogers corroborated the setting. At trial, he testified that Anderson was in the factory office with Lee at approximately 3:45 a.m. and was trying to telephone someone. Rogers did not know whom Anderson was attempting to reach.
The Atlanta Constitution published Rogers's testimony on Thursday, July 31, 1913. The report states:
“Officer Anderson was in the factory office with Newt Lee about 3:45 o'clock that morning and he tried to call someone over the phone. I don't know who he tried to get.”
This is useful independent testimony about Anderson's actions. It places him in the office with Lee during the early investigation and confirms that he was attempting to make a call.
The unanswered calls were relevant because Frank was the superintendent of the factory. But the evidence must be described accurately. An unanswered telephone call does not prove that the person being called heard it, knew who was calling, or deliberately refused to answer.
Rogers later testified about the trip to Frank's home and the subsequent journey to the undertaking establishment and factory. Those events belong to the larger investigation, but they should not be attributed to Anderson. Anderson's role was the initial police response and the effort to contact people associated with the factory.
Friday, August 1, 1913: Anderson takes the stand for the State
Anderson testified for the prosecution on Friday, August 1, during the trial of Leo Frank. Solicitor General Hugh M. Dorsey questioned him, and defense attorney Luther Z. Rosser cross-examined him.
His testimony returned to the discovery of the body, the basement, Lee's lantern, the objects found nearby, and the early telephone calls. The defense had a clear reason to examine these details closely. If the State relied on the officers' observations to establish the circumstances of the discovery, the defense was entitled to test how reliable those observations were.
Anderson's testimony also concerned the tracks near the body and the question of whether the scene showed signs of movement or disturbance. Such observations could help reconstruct the scene, but they did not independently establish who made the tracks or when they appeared.
The most revealing part of the later examination concerned the lantern. Anderson's testimony was not simply that nothing could be seen from twenty-five feet away. He acknowledged that a large object might be visible without being recognizable as a person.
The Brief of Evidence records his answer:
“You could see the bulk of anything that far, but you couldn't tell that far whether it was a person.”
This qualification is central to understanding his testimony. Anderson was distinguishing between seeing a shape and recognizing what the shape was. His earlier estimate of the lantern's range and his later answer should be read together.
What the three newspapers emphasized
The Atlanta Constitution, Atlanta Journal, and Atlanta Georgian covered the trial from different angles. Their accounts overlap, but they do not offer identical presentations of Anderson's evidence.
The Atlanta Constitution published a dedicated report on Saturday, August 2, titled “Policeman W. F. Anderson Tells of Newt Lee's Telephone Call.” Its coverage placed Anderson's role in the early response near the center of the story. The report connected the call from Lee, the officers' arrival, the attempts to reach Frank, and the question of what could be seen with the lantern.
The Atlanta Journal published an extensive account on August 2 under the headline “Dr. Harris Collapses on Stand as He Gives Sensational Evidence.” Although the headline emphasized Dr. Harris, the article also included detailed questioning of Anderson. It discussed the lantern, the tracks, the telephone calls, and Anderson's earlier inquest testimony. The report is useful because it shows how the defense tested his memory and earlier statements during cross-examination.
The Atlanta Georgian also reported the first investigation and the coroner's inquest. Its April 30 account included additional details about the body, the objects near it, and the basement. It also contains a discrepancy in Anderson's initials, printing W. T. Anderson where other reports identify him as W. F. Anderson. The matching role and testimony strongly suggest a newspaper error, but the discrepancy should be noted rather than silently corrected.
The newspapers also differ in their descriptions of the shoe, hat, and other objects. These differences are a reminder that a newspaper account is not the same thing as a complete sworn transcript. The original Brief of Evidence should take priority when it records Anderson's exact words.
The evidence that was incriminating to Frank
Anderson's testimony was relevant to the State's case in several ways.
First, he helped establish the timing and circumstances of the initial police response. His testimony placed the officers at the factory shortly after Lee's call and established that the body was discovered during the early hours of April 27.
Second, he testified about attempts to reach Frank. These calls were part of the chronology of the investigation, although they did not prove that Frank deliberately ignored them.
Third, Anderson's description of the basement, the body, and the objects nearby helped establish the scene the officers encountered. This evidence could be compared with the accounts of Lee and other witnesses.
Fourth, his testimony about the lantern challenged Lee's ability to identify the body from the position he described. That question was important to the credibility of the discovery account, even though Anderson's estimate did not conclusively establish what Lee could or could not see.
Finally, Anderson's evidence became part of the record that the prosecution and defense used to test competing explanations of the crime. The State could rely on his firsthand observations, while the defense could challenge the accuracy of his recollection and the conclusions drawn from it.
What Anderson did not provide was a direct identification of Frank as Mary's killer. He did not testify that he saw Frank attack Mary, move her body, or write the notes. His evidence was circumstantial and concerned the discovery and investigation. Its weight depended on how it fit with the rest of the case.
The surviving inquest record and Defendant's Exhibit 93
One of the most valuable records for researchers is Defendant's Exhibit 93, printed page 307 of the Brief of Evidence. It preserves part of Anderson's April 30 testimony about Lee's position and the lantern.
The exhibit matters because Anderson's complete coroner's inquest transcript has not been located in the material examined here. The surviving passage gives researchers a direct source for comparing his inquest statement with his August 1 trial testimony.
During the trial, the defense also questioned whether Anderson's earlier testimony had been recorded. Stenographer H. L. Parry said he had not personally recorded Anderson's testimony. That statement does not prove no transcript existed, because the surviving exhibit demonstrates that at least part of the testimony was preserved.
On Monday, August 18, 1913, Rosser read a portion of Anderson's earlier inquest testimony into the trial record. The exchange shows that the defense considered the earlier statement useful for testing Anderson's recollection.
Anderson and the Georgia Supreme Court record
The principal Georgia Supreme Court decisions in the Frank case include Frank v. State, 141 Ga. 243 (1914), and the later proceedings reported at 142 Ga. 617 and 142 Ga. 741. These records are important for understanding the legal challenges to the conviction.
The material examined for this article establishes Anderson's testimony in the trial record and the survival of the inquest excerpt as Defendant's Exhibit 93. I have not verified a separate substantive discussion of Anderson in the published Supreme Court opinions. It would be misleading to claim that the Court specifically endorsed or rejected his testimony without locating the relevant passage.
The next step is to examine the complete appellate record and the original Brief of Evidence for references to Anderson, his exhibits, and any arguments concerning his testimony. The search should include variations such as “W. F. Anderson,” “Policeman Anderson,” and “Defendant's Exhibit 93.” The absence of a direct mention in a published opinion would not mean his testimony was absent from the underlying trial record.
Conclusion: Why Anderson deserves a closer look
W. F. Anderson was one of the first police officers to respond to the report of Mary Phagan's death. He entered the factory basement, examined the scene, participated in the early effort to contact Frank, and testified at the coroner's inquest and the murder trial.
His evidence is important because it comes from the first hours of the investigation. It records what the officers saw, what they questioned, and what they could not establish. His testimony about the lantern raised a question about Lee's account. His evidence about the body and the objects nearby helped reconstruct the scene. His telephone testimony helped establish the chronology of the police response.
The strongest historical account of Anderson is one that preserves both the value and the limits of his testimony. He was a first responder with firsthand observations. Those observations deserve careful study, especially where the newspapers differ. But his evidence should not be stretched into claims he did not make.
The record leaves a clear research path: compare the three newspapers dated August 1–2, 1913, line by line with Anderson's sworn testimony; examine Defendant's Exhibit 93; and search the complete Georgia Supreme Court materials for any direct reference to him. That work can give readers a clearer picture of what Anderson actually saw and how his testimony fit into the prosecution of Leo Frank.
References
The Atlanta Constitution. (1913, July 20). Grim justice pursues Mary Phagan's slayer. Mary Phagan Kean Legacy Project.
maryphagan.com/1913-07-20-gr…
The Atlanta Constitution. (1913, July 31). Rogers on stand describes visit of Frank to undertakers. Mary Phagan Kean Legacy Project.
maryphagan.com/1913-07-31-ro…
The Atlanta Journal. (1913, April 30). Negro watchman tells story of finding girl's body and questions fail to shake him. Mary Phagan Kean Legacy Project.
maryphagan.com/1913-04-30-ne…
The Atlanta Georgian. (1913, April 30). Went down scuttle hole on ladder to reach body. Mary Phagan Kean Legacy Project.
maryphagan.com/1913-04-30-we…
The Atlanta Constitution. (1913, August 2). Policeman W. F. Anderson tells of Newt Lee's telephone call. Mary Phagan Kean Legacy Project. Original newspaper scan.
maryphagan.com/pdf-files/arc…
The Atlanta Journal. (1913, August 2). Dr. Harris collapses on stand as he gives sensational evidence. Mary Phagan Kean Legacy Project.
maryphagan.com/1913-08-02-dr…
State of Georgia v. Leo M. Frank. (1913). Brief of the evidence, testimony of W. F. Anderson, pp. 39–40, and Defendant's Exhibit 93, printed p. 307.
maryphagan.com/019-w-f-ander…
leofrank.info/library/leo-m-…
Frank v. State, 141 Ga. 243 (1914).
Frank v. State, 142 Ga. 617 (1914).
Frank v. State, 142 Ga. 741 (1914).



























