Category Archives: Newspaper coverage

Girl Springs Sensation in Phagan Case

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The Atlanta Georgian

Wednesday, July 9, 1913

PART OF PAY ENVELOPE FOUND

Discovered Shortly After Tragedy by Detectives, but Find Was Kept Secret.

*Editor’s Note: The following headlines also appeared:

(Night Edition):

NEW PHAGAN EVIDENCE FOUND

PART OF PAY ENVELOPE HELD BY POLICE

(Extra Final Edition):

PHAGAN PAY ENVELOPE FOUND

Two sensational developments marked the Phagan case Wednesday. One was the testimony of Miss Mattie Smith, an employee of the National Pencil factory, that she had seen a negro sitting on the first floor of the factory betwen [sic] 9 and 10 o’clock, at a time when Conley had denied being there. The second was the announcement of the finding of a part of a pay envelope declared to be the envelope of Mary Phagan.

A piece of an envelope bearing Mary Phagan’s number was found on the first floor of the National Pencil factory behind a radiator, only a few feet from where Jim Conley, negro sweeper at the plant, was sitting on the day the little factory girl was murdered, according to information made public Wednesday afternoon.

Robbery Again Suspected.

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Vice Scandal Probe Postponed for a Day

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The Atlanta Constitution

Wednesday, July 9, 1913

Because the attorney of Lena Barnhart, who is accused by Hattie Smith of being a white slave procuress, pleaded for time in which to obtain witnesses to the effect that the Barnhart woman had been introduced to the girl and had been her benefactress, the recent hotel vice scandal which was to have been given an airing yesterday in police court was postponed until today at 2:30 o’clock.

Chief Beavers ordered detectives Tuesday morning to summon C. V. Kistner, proprietor of the Hotel Cumberland, to appear in recorder’s court and bring the guest register of his establishment. It is rumored that the registers of a number of hotels will be probed within a short while.

The case against Elijah Murray, the negro bell boy of the umberland [sic], and against J. Cox, the man who figured in the first arrest in the case, were all postponed until today. Each will be given an airing.

* * *

The Atlanta Constitution, July 9th 1913, “Vice Scandal Probe Postponed for a Day,” Leo Frank case newspaper article series (Original PDF)

Caught Drinking, Three Policemen Fired Off Force

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The Atlanta Constitution

Wednesday, July 9, 1913

Three Officers Are Suspended for Ninety Days, and Two Exonerated and Their Pay for Lost Time Restored.

WOOD, BORN, FOLDS DISCHARGED BY BOARD

Mayor Intimated He Would Ask Charges Be Preferred Against Moon, Who Said He Drank to Secure Evidence.

The scandal in the police department which grew out of revelations that eight policemen visited the resort of Ola Bradley, a negress, at No. 129 Auburn street resulted in the dismissal of three, exoneration of two, and suspension of three for ninety days, by the police board, at 1:30 o’clock this morning.

The policemen discharged were Robert A. Wood, J. P. Born and E. C. Folds.

Patrolmen J. E. McDaniels and L. W. Evans, who were under charges for neglect of duty for failure to report the visits of their partners to the resort, were found not guilty and were restored to the ranks with pay for lost time during suspension.

Three Are Suspended.

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Newt Lee’s Attorneys Seeking His Freedom

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The Atlanta Journal

Tuesday, July 8, 1913

Habeas Corpus Proceedings May Bring Frank and Conley Face to Face

Petition for a writ of habeas corpus in behalf of Newt Lee, the negro night watchman at the National Pencil factory who has been held in jail since the Mary Phagan murder as a suspect, has been drawn up at 2 o’clock Tuesday afternoon by the negro’s attorneys, Graham and Chappell, and the firm then was seeking the signature of the nearest available judge of the Fulton superior court to a writ fixing the time and place for a hearing upon the matter and directing Newt Lee be brought into court.

It is by this method that the negro is said to seek his freedom from jail, contending that there is no reason for confining him for any part in the matter. The solicitor is expected to vigorously fight the habeas corpus and insist that Lee be held as a material witness.

Should the petition be signed both the state and the attorneys for Leo M. Frank will be notified and this brings up the possibility of Frank and the negro sweeper, Conley, being brought face to face in court.

At 2 o’clock it was said that the habeas corpus hearing would probably be set for Wednesday morning at 9:30 o’clock.

The following is Newt Lee’s petition:

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Girl to Tell Her Story of Vice to Recorder

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The Atlanta Journal

Tuesday, July 8, 1913

Hattie Smith, Now Penitent, Will Make Confessions in Open Court

Resolved to quit the life into which she so recently drifted, Hattie Smith, the Atlanta young woman whose revelations of vice “from the inside” gave the police some startling information Monday, will appear in police court on Tuesday afternoon and repeat in detail the story which she has recounted to the police. Upon the strength of that story Lena Barnhart, a white woman, and Elijah Murray, a negro bellboy, were arrested in the Cumberland hotel Monday and will be arraigned with Hattie Smith in court. The bellboy is involved by the Smith girl’s story as an agent, a pernicious go-between.

“Stay away from these cheap hotels in Atlanta,” is the advice that the Smith girl is now anxious to give to other young women. She asserts that she is going to follow it herself, and that when she has atoned for whatever violation she has done to the law, she will go back to her father’s home on Marietta street and stay there and behave. Her father called at police headquarters Monday afternoon and told her that she would be welcomed at home. Before the young woman was arrested, the father had requested the police to find her. He reported that she had been missing since last Wednesday.

According to the Smith girl, the Barnhart woman was registered at the Cumberland hotel as Lena Revarson. They became acquainted in a soft drink stand. The Barnhart woman invited her to the hotel, according to Hattie Smith, preceding her there and registering her as Lucile Evans and securing a room for her, for which she applied and to which she was assigned later.

It is said that other arrests may follow in this matter, and that probably several men may be arrested upon the strength of the Smith girl’s story. Other women may be involved yet, it is said.

MUST SHOW REGISTER.

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Girl Tells of Life in Slavers’ Hands

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The Atlanta Georgian

Tuesday, July 8, 1913

Hattie Smith Warns Young Women of Atlanta Against the Wiles of Procurers.

The startling expose of vice conditions by Hattie Smith, the prety [sic] 17-year-old girl, one of the alleged victims of the “system,” resulted Tuesday in an aggressive war n [sic] the downtown hotels.

Chief Beavers declared he would stamp out vice if he had to detail a special officer at every one of the hotels in question. Several additional arrests will be made before noon, it is believed.

The Smith girls repeated her story with many additional details of the “system” which is said to be the most completely organized in the history of Atlanta.

Taking a lesson from her own harrowing experience, she has issued a warning to young girls to beware of the women procurers, who, she says, ply the streets with pleasant smiles and entice girls to well-known hotels of the downtown district, where the “system” is so completely organized that there is never a chance of detection or escape for the unfortunate victim.

No Chance to Escape.

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Attitude of Defense Secret

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The Atlanta Georgian

Tuesday, July 8, 1913

Attorneys for Accused Man Can Keep Him From Facing Accuser if They Wish.

That Leo M. Frank, superintendent of the National Pencil Factory, and James Conley, Frank’s accuser in the Mary Phagan murder mystery, would be brought face to face Tuesday was the strong possibility presented by the contemplated application for a writ of habeas corpus in behalf of Newt Lee, negro night watchman at the factory.

The plan of bringing Conley and Frank together may meet an insurmountable obstacle when it comes to getting the permission of Frank’s attorneys. The law allows an indicted man to testify or to refuse to testify. Frank has been willing to appear as a witness at any time, but he has placed himself under the instructions of his lawyers and the matter is entirely in their hands.

Arnold is Non-commital.

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Refused by Brown, Mangham Now Asks Slaton for Pardon

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The Atlanta Georgian

Tuesday, July 8, 1913

The Prison Commission again has taken up the application of J. J. Mangham for a pardon. A recommendation is expected to be made to Governor Slaton in the next day or two. Mangham is the Griffin cotton mill man given four years for embezzlement and one year on a misdemeanor charge.

The application came up some time ago and was sent to Governor Brown by the commission without any recommendation. The Governor returned it with the statement that the board should make a recommendation.

That great influence will be brought to bear on Governor Slaton in this matter is generally believed. Mangham was prominent socially and has many intimate frineds [sic] who are close to the Governor. Friends of the imprisoned man claim that he was guilty only upon a technicality. Eugene Black, of Atlanta, is representing Mangham in the plea. Solicitor General Emmet Owens opposed it in the hearing before the commission.

* * *

The Atlanta Georgian, July 8th 1913, “Refused by Brown, Mangham Now Asks Slaton for Pardon,” Leo Frank case newspaper article series (Original PDF)

State Sure Lee Will Not Be Released

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The Atlanta Georgian

Tuesday, July 8, 1913

Dorsey Confident That Move, Which May Confront Frank With Conley, Is Futile.

Solicitor General Hugh M. Dorsey said Tuesday he was confident the State would be able to defeat any attempt to get Newt Lee out of the Tower, where he has been confined since April 27, first as a suspect in the Mary Phagan murder case and later as a material witness. He said he had advised Lee’s attorney not to take the action, as the negro was regarded as an important witness in making a complete chain of evidence against Leo M. Frank.

No petition was filed in behalf of the negro Tuesday forenoon. There was no judge before whom the petition could be brought in the afternoon, although in rare instances writs of habeas corpus are filed with the Ordinary of the county. Lee’s counsel has until Friday to file the application. It was the announced intention to subpena both Frank and Jim Conley to appear at the hearing on the write [sic].

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Grants Right to Demand Lee’s Freedom

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The Atlanta Georgian

Tuesday, July 8, 1913

Negro’s Counsel Secures Chance to Argue for Habeas Corpus Writ Wednesday.

Reuben R. Arnold, of counsel for Leo M. Frank, communicated with Sheriff Mangum Tuesday afternoon directing him under no circumstances to permit the removal of Frank to appear Wednesday as a witness in the habeas corpus hearing to free Newt Lee.

“There is no law on earth to bring Frank to court under an order as a witness,” said Arnold. Attorney Rosser, chief of counsel, was absent from the city Tuesday.

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Accused Policemen Will Face Commission Tuesday

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The Atlanta Journal

Monday, July 7, 1913

The entire board of twelve police commissioners, including the mayor and the chairman of the police committee of council as ex-officio members, is expected to be in attendance Tuesday evening at the trial of the eight policemen recently suspended by Chief J. L. Beavers.

Chairman Carlos Mason, who has missed only one meeting during his five years’ service on the board, returned Monday from a vacation especially to attend the trial, and all other members are expected to be there.

The eight suspended policemen are involved in the police scandal revolving around the raiding of a blind tiger, disorderly house and dance hall, operated at 127 Auburn avenue by a negress by the name of Ola Bradley.

The majority of the suspended policemen have engaged attorneys to defend them before the police commissioners, and lively scenes during the trials are expected.

As the evidence against most of the policemen is largely of the same character and will be delivered by the same witness, it is expected that all of the eight trials will be completed at the meeting Tuesday evening.

* * *

The Atlanta Journal, July 7th 1913, “Accused Policemen Will Face Commission Tuesday,” Leo Frank case newspaper article series (Original PDF)

Young Woman Tells Startling Story of Vice From “Inside”

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The Atlanta Journal

Monday, July 7, 1913

Confessions to Chief of Police Beavers Involve Downtown Hotel, Mention Names of Other Women and Men

IMMEDIATE PROBE OF HER CHARGES ORDERED

Police Again Arrest Mrs. Frierson, Recently Pardoned by Mayor Woodward in Controversy With Judge Broyles

Revelations of vice conditions from the inside were laid before Chief of Police Beavers Monday morning by the confession of a young woman who gives her name as Hattie Smith and says that her parents live at a certain number on Marietta street.

Chief Beavers immediately detailed men to investigate the disclosures, and the indications were that several arrests would follow and that a case would be made against at least one downtown hotel and perhaps against two.

The young woman, who says that she is seventeen years old, told the chief a story replete with startling admissions and placed in his hands the evidence which, if it is corroborated, will convict several people of serious charges.

She had been arrested in a downtown hotel with a man. Her companion was released upon a small bond, being cited to appear in court with her Monday afternoon.

The young woman admitted a joy-riding career during several months past, leading up finally to the day recently when with the aid of another woman more experienced than herself she established a residence in one of the downtown hotels. Her admissions involved that hotel and others, and involved, too, several men whom she named. The other woman arranged the details of her hotel residence, said she registered her on the hotel registry, and otherwise encouraged her.

The charge against her on the police docket is “disorderly conduct.”

The police believe that her arrest and confession together form one of the most important chapters in the crusade against vice in Atlanta.

OTHER ARRESTS MADE.

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Police Hunt Principals in Expose

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The Atlanta Georgian

Tuesday, July 8, 1913

Search Records of Guests for the Leaders of System Named by Girl Victim.

A general rounding up of hotel registers by detectives for the identification of notorious men and women added the latest sensation in the vice investigation instituted following the startling disclosures of Hattie Smith, the pretty 17-year-old girl, who claims to be the victim of the “system.”

The first move was made Tuesday morning when the manager of the Cumberland Hotel was subpenaed to appear in Police Court with his register that afternoon. The register will be examined by the Smith girl to identify the names of men and women who, she claims, frequent the hotel.

Detectives say they will examine every hotel register figuring in this latest expose to identify the names of parties involved. In each case the register will be searched carefully and the name of every person noted as to character and general reputation.

Get Evidence for Court.

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Operations of Slavers in Hotels Bared

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The Atlanta Georgian

Monday, July 7, 1913

Victim Tells Beavers Names of Women and Man Engaged in Traffic in Girls.

A new and sensational expose of vice conditions said to be prevalent in Atlanta was made Monday morning by Hattie Smith, a pretty 17-year-old girl, who was arrested in a hotel which was raided Sunday night.

If the statements of the Smith girl, who made a confession of her own guilt to the Chief, are true, Atlanta is in the clutches of one of the best organized vice systems in existence.

Certain downtown hotels, the girl claims, are the rendezvous of women procurers who go out on the streets and entice young girls in where they are provided with every comfort and convenience, in addition to being carried out on long automobile rides by strange men.

Gives Chief Names.

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Lee’s Attorney is Ready for Writ Fight

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The Atlanta Georgian

Monday, July 7, 1913

Habeas Corpus Move to Free Negro in Phagan Case Due to Start Monday.

Habeas corpus proceedings in behalf of Newt Lee, negro night watchman at the National Pencil Factory, were promised Monday by the negro’s attorney, Bernard L. Chappell. Settlement of this phase of the Phagan murder mystery will determine definitely the status of the negro.

It is known that the State regards Lee as a material witness in building up its case against Frank. The attitude of Mr. Chappell is that his client knows no more about [the] crime than he already has told, and should therefore be freed. Lee has told the detectives nothing which links any man directly with the crime. By the defense, his story is held to point to the guilt of Leo Frank no more than to the guilt of Conley.

The State, however, will fight any effort to give the negro his liberty. Solicitor Dorsey fears that Lee will get out of the jurisdiction of the court once he is permitted his freedom.

The battle over Lee is the only outward sign of activity in the Phagan case etiher [sic] by the defense or the prosecution, but it is known that the defense is busily engaged completing its case. One new witness was interviewed Saturday by Frank’s lawyers, and his affidavit taken before a notary public. A strong net is being woven about Conley. The nature of the testimony is being kept secret, but it is known that the defense expects to free Frank by showing that it was Conley who committed the crime. The negro is said to be enmeshed in the testimony in the hands of the defense.

Despite rumors of another postponement, attorneys for the defense and prosecution said Monday that they would be ready to go ahead with the case at the time set for trial, July 28, and that they knew of no reason for further delay.

Jury to Consider Indicting Conley.

What was considered a direct reference to the Phagan case was made in the charge of Superior Judge George L. Bell to the Grand Jury Monday morning. He said he wanted to place particular emphasis on recent “horrible homicides” and urged the jury to probe deep in an effort to find clews that would lead to perpetrators.

The Grand Jury was organized at 9 o’clock Monday morning with W. D. Beattie foreman. Judge Bell made one of the shortest charges ever delivered in a Fulton County courtroom.

Immediately following the charge the jury went into executive session to consider bills presented by the Solicitor’s office. After to-day’s session the calendar of criminal business will be disposed of, and the jury will have every opportunity to take up any matters it might see fit.

A meeting will be called later in the week when a definite plan of action will be outlined for the term. It was regarded as likely that the Phagan case would be reopened and an indictment against Jim Conley considered.

Other matters that might be taken up are recent developments with the police department, in which eight patrolmen were suspended for alleged corruption, the counter charges of corruption made by them and charges of open vice.

* * *

The Atlanta Georgian, July 7th 1913, “Lee’s Attorney is Ready for Writ Fight,” Leo Frank case newspaper article series (Original PDF)

New Move in Phagan Case by Solicitor

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The Atlanta Georgian

Sunday, July 6, 1913

Dorsey Will Endeavor to Force Defense to Disclose Their Documentary Evidence.

ACT IS COUNTERSTROKE

Frank’s Attorneys Said to Have Affidavits Exonerating Frank and Indicating Conley’s Guilt.

A sensational turn in the Phagan murder mystery, according to one of the attorneys for the defense, will develop next week when Solicitor General Hugh M. Dorsey issues a subpena duces tecum on Attorneys Luther Z. Rosser and Reuben Arnold, citing them to produce all the affidavits they have secured that bear on the crime.

The movement is in the nature of a counterstroke to block the pending subpenas duces tecum filed by the defense, citing the State to produce all the affidavits that have been secured.

The defense strongly maintains that it will win its point and that the prosecution will suffer. The attorneys say that the Constitution of the State clearly outlines the action of the court in such matters—”that the defendant is entitled to be faced with all the evidence against him”—while the prosecution will labor under the handicap that “a defendant is innocent until he is proven guilty.”

Dorsey Is Silent.

While no announcement would be made by Solicitor Dorsey relative to the contemplated subpenas duces tecum, it was intimated by him that such action might be taken at an early date, and that when it was the defense and the prosecution would lock horns in the first decisive battle in the sensational case.

Affidavits that are sought by the defense are the three different sworn statements of the negro, Jim Conley, the affidavit given by the negro cook at the Frank home, Minola McKnight, the Formby affidavit and the affidavit of Monteen Stover, the girl who stated that she entered Frank’s office at a time when he said he was there, and found the office deserted.

The State will seek to obtain affidavits contradicting their theory and placing the crime on the negro sweeper, Jim Conley. These affidavits are said to deal principally with the time different witnesses entered and left the factory April 26, the most vital question in the trial.

Affidavits of Defense.

The defense is said to be in possession of affidavits that show Monteen Stover entered and departed from the factory before Mary Phagan’s car reached the heart of the city; that the negro Jim Conley entered the factory earlier in the day than he said he did, and that he, instead of the indicted pencil factory superintendent, committed the murder, because the superintendent left the factory at least ten minutes before Conley said he helped him dispose of the body, and that the Formby affidavit, a one-time sensational bit of evidence substantiating the defense, was given by the woman at the behest of the police detectives without regard for its accuracy, and that Mrs. Formby has since admitted that she never knew Leo M. Frank or heard of him until he was held as a suspect in connection with the murder.

* * *

The Atlanta Georgian, July 6th 1913, “New Move in Phagan Case by Solicitor,” Leo Frank case newspaper article series (Original PDF)

Phagan Case Centers on Conley; Negro Lone Hope of Both Sides

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The Atlanta Georgian

Sunday, July 6, 1913

*Editor’s Note: See insert article, “Decisions Which May Aid Defense of Frank”, at the conclusion of this post.

Frank Expects Freedom by Breaking Down Accuser’s Testimony, and State a Conviction by Establishing Truth of Statements.

BY AN OLD POLICE REPORTER.

The developments in the Phagan case have been of late highly significant and interesting.

During the past week, it became evident that the very heart and soul of both the prosecution and the defense is to center largely about the negro, James Conley.

He is at once apparently the hope and the despair of both sides to the contest!

This circumstance, however, while tending to add much to the dramatic and the uncertain, in so far as the outcome is concerned, is not by any means an unusual thing in cases of this kind.

It frequently happens in mysterious murder cases that both the State and the defense must pin their faith to one and the same witness.

Of late there has been some talk of the Grand Jury indicting Conley, even over the Solicitor General’s head, which, of course, it would have a perfect right to do.

The thought occurred to me some time ago that the case might take that direction, but in the article in which that point was discussed, I mentioned it incidentally, rather than as a likely thing.

Indictment may Mean Much.

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Application to Release Lee is Ready to File

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The Atlanta Georgian

Sunday, July 6, 1913

Negro’s Lawyer Says He Will Offer Habeas Corpus When Solicitor Dorsey Returns.

On account of the absence from the city of Prosecuting Attorney Hugh M. Dosey [sic], Bernard L. Chappell, attorney for Newt Lee, announced Saturday that he would not file a writ of habeas corpus until Monday. He claims in the petition for the release of the negro that Lee is being held unlawfully and without any charge against him.

Solicitor Dorsey left for his country place at Valdosta, Ga., Saturady [sic] morning. He will return Monday.

Solicitor General Hugh M. Dorsey will ask the courts to hold the negro as a material witness for the State, or may charge him with being an accessory. He was determined Friday to take no chances on so important a witness getting out of his control, as he feared the negro might get beyond the jurisdiction of the courts if given his liberty.

Attorney Chappell and Solicitor Dorsey had agreed, when the negro was committed to jail, to keep him there until the trial. Chappell notified Dorsey Wednesday that he wished to withdraw from the agreement and get his client freed.

Chief Discounts Conley Rumor.

The announcement Friday that the defense had secured an important and damaging affidavit that connected the State’s star witness, Jim Conley, more directly with the crime created a sensation in the ranks of the prosecution.

Chief of Detectives Newport A. Lanford announced that every movement of the negro on the day of the crime had been “checked up,” and that it was a matter of impossibility to find anything more damaging against him than his admission that he helped dispose of the body at the request of Frank.

In commenting on the affidavit secured at the office of Joseph H. Leavitt Thursday the attorney said that it would be almost impossible for the prosecution to break down any statement that was made in the affidavit when the witness was placed on the stand.

Calls Evidence Vital.

He said the witness was a citizen of high standing and would be one of the most important for the defense of Frank.

Attorney Leavitt said that this particular affidavit was one of more than 50 that had been recently secured that dealt almost exclusively with the movements of the negro on the day of the murder. While he would not comment at any length, he intimated that the defense had been able to establish conclusively the exact time Conley entered and left the factory.

He also intimated that affidavits had been secured that would show what time Monteen Stover entered and left the factory and be able to prove she left before Mary Phagan’s car reached the vicinity of the pencil factory.

* * *

The Atlanta Georgian, July 6th 1913, “Application to Release Lee is Ready to File,” Leo Frank case newspaper article series (Original PDF)

Fight for Newt Lee’s Freedom is Delayed

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The Atlanta Journal

Saturday, July 5, 1913

Bernard Chappell, His Lawyer, Expects to Bring Habeas Corpus on Monday

Bernard L. Chappell, attorney for Newt Lee, the [negro watchman], who found the body of Mary Phagan, declared Saturday that he had been unable to complete all of his work in connection with his proposed filing of a habeas corpus writ in an effort to liberate his client.

Mr. Chappelle [sic] said that he had expected to file the writ Saturday, but was delayed, and is now certain he can file it by Monday morning.

Mr. Chappell asserted that sensational developments might be expected when the writ is heard.

* * *

The Atlanta Journal, July 5th 1913, “Fight for Newt Lee’s Freedom is Delayed,” Leo Frank case newspaper article series (Original PDF)

Liberty for Newt Lee Sought

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The Atlanta Georgian

Saturday, July 5, 1913

Writ to Free Watchman From the Tower Will Be Filed—State to Oppose Liberation.

The prosecution will fight an entirely new angle in the Phagan case Saturday morning when Barnard [sic] L. Chappell, attorney for Newt Lee, the negro night watchman, files a writ of habeas corpus for the release of the negro from the Tower, where he is being held without any charge against him.

Solicitor General Hugh M. Dorsey will ask the courts to hold the negro as a material witness for the State, or may charge him with being an accessory. He was determined Friday to take no chances on so important a witness getting out of his control, as he feared the negro might get beyond the jurisdiction of the courts if given his liberty.

Attorney Chappell and Solicitor Dorsey had agreed, when the negro was committed to jail, to keep him there until the trial. Chappell notified Dorsey Wednesday that he wished to withdraw from the agreement and get his client freed.

Chief Discounts Conley Rumor.

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