Nina Formby, a "friend" of Frank's, who owned a bordello, provided a sworn affidavit to detectives in the early stages of their investigation of Mary Phagan's murder.
In that statement, Formby told detectives that on the night of the murder, April 26, 1913, Leo Frank had called her repeatedly between the hours of 6:30 and 10:00 pm, asking her to provide him with a rented room or apartment where he could "bring a girl".
She said that Frank called her six separate times, told her that it was "a matter of life and death", and that he threatened her own life when she would not rent him a room.
She stated that she "was rid of him" only after telling him that she was leaving to go for an automobile ride.
After giving her sworn statement to the police, Mrs. Formby disappeared from Atlanta for several weeks, prompting both the police and the Solicitor General to carry out a widespread search for her. Police departments in several different cities were told to be on the lookout for her, as the Atlanta authorities combed the city in an effort to find her. Following her return to Atlanta, she stated that she had left town on her own accord in order to avoid the notoriety that her affidavit had created for her. Formby's testimony was not brought into the trial, however, because of her questionable reputation.