Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-08-26
FRANK SENTENCED
FOR GIRLS DEATH
Atlanta Pencil Factory Man.
ager to Be Executed
October 10.
NEW TRIAL ARGUMENT
TO BE HEARD BEFORE
Court Spectators Cheer Prosecutor of
Slayer Of Fifteen Year-0ld
Mary Phagan.

ATLANTA, Ca, August 26.-Sentence
Of death today was pronounced upon Leo
NJ. Frank, convicted yesterday of murder
ing Mary Phagan. His execution was set
for October 10.
Shortly before sentence was pronounced
attorneys for Frank moved for a new
trial on the ground that several popular
demonstrations, said to have been heard
by the jurymen, had prejudiced the case.
October was set for argument on this
motion.
Franks demeanor while he listened to
the reading Of his sentence was as COM
posed as 1t had been during his long trial.
Only when Judge Roam reached the con-
Guiding words did the young factory
superintendent show evidence OF nerv-
BUSINESS and his step faltered when he
was taken from the courtroom to be
placed in his cell.
In accordance with Georgia statutes.
Franks execution will take place at the
county Jail here. Only county officials.
relatives of the prisoner and newspaper
men are permitted to witness executions
in this state.
Newt Lee. negro night watchman at the
National Pencil factory, was released
from Jail today. Lee was arrested i'm
mediately after he had reported the find
ing of the Phagan girls body in the
he was bound over to the grand jury aft
er corOner's inquest, but no indictment
was ever returned against him. James
Conley. negro sweeper at the factory,
who told the Frank jury he helped dis
pose of Mary Phagan's body, remains
under arrest on the charge Of suspicion.
Public Applauds Verdict.
An extraordinary public demonstration
was made at the county courthouse here
yesterday after a jury had brought in a
verdict of murder in the first degree
against Frank. the young superintendent
OF the National Pencil Company Of this
city and son of Rudolph Frank. a re-
tired business man Of Brooklyn. N. T.
His victim was a pretty fifteen-year-old
factory girl, whom he assaulted and
strangled to death.
as the jury's verdict. condemnipg Frank
to death. was read-a silence perhaps
due to the crowds consideration for the
presence of his aged mother and young
wife. But once in the corridors and in
the street the mob loudly acclaimed the
verdict shouting. cheering. tossing up
hats and finally seizing State Solicitor
General Hugh Dorsey. who had delivered
a nine-hour speech demanding the con-
viction Of Frank, lifted him to its
shoulders and bore him for more tnan
hundred feet.
AS soon as the verdict was read
Franks lawyers were on their feet de-
manding that the judge declare mis-
trial. They based their demands on the
fact that during the solicitor general g
long speech there had been cheers In
and out of the courtroom, and such
public demonstration generally as to
have Influenced the jury's verdict. The
motion WAS denied.
Bitter Feeling Against Him.
Meanwhile. although the verdict was
reached at o'clock in the afternoon.
1t was fully an hour later before the jury
entered the courtroom and made known
it's finding. So bitter was the public
feeling against him, because OF the dis
closures at the trial. that an attack on
the prisoner was feared. BY agreement
of counsel, he was permitted to remain
in his cell when the jury came in. and
when the verdict was read. His law
yers told him Of 1t afterward. He took
the news stoically. but his young wife.
who had gone to his cell, collapsed.
When his aged mother, from her seat in
the courtroom, heard the cheering, she
became hysterical.
The trial Of Frank, whose uncle, NJ.
Frank, is the president Of the National
Pencil Company and who Joined with
the young mans father in sparing no
expense for legal talent for the murder
ers defense. has taken nearly five
weeks Miss Phagan's body was found
on the morning Of April q in the cellar
of the factory after she had been miss
ing for several days. A negro watch
man gave evidence that the girl had
come late Saturday afternoon to collect
a small sum Of money due her., that,
after her entrance into Franks office,
Frank had set him outside on watch.
and then later called him In and tried
to hire him to dispose Of the child
body by burning 1t in the factory fur
mace. The negro, admitting he had
agreed to do SO, confessed that he had
lost his nerve.
Then he said Frank got him to write
notes which were left near the body, the
idea being that the crude handwriting
perpetrators Of the crime. Strong cir
cumstantial evidence accrued to support
the watchman's story.
News Kept From Father.
NEW YORK. August 26.-Leo NJ.
Franks father could not be seen when
a reporter called at his home. A young
man. who came to the door, said that
the aged parent Of the murderer had not
vet ard the news Of his sons convic-
tion. He said he feared to allow the
paus to be given to him, because the
strain OF the trial already had made the
old man seriously III.
Young Frank was born in Brooklyn,
attended public school No. IS at Lafay-
oHA Nnta