No Finger Prints Found by Expert on Phagan Envelope

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The Atlanta Journal

Thursday, July 10, 1913

Examination of Portion of Slain Girl’s Pay Envelope Fails to Throw Any Light on the Murder Mystery

FLETCHER, AT FEDERAL PEN MAKES EXAMINATION

Fight for Release of Newt Lee on Habeas Corpus Resumed and Hearing Will Be Given Saturday Morning

That the murderer of Mary Phagan can never be identified by finger prints on the pay envelope found in the factory, and the “re-setting” of Newt Lee’s habeas corpus for 10 o’clock. Saturday morning, were two important developments of the sensational murder mystery Thursday.

According to Attorney Bernard L. Chappell, of Graham & Chappell, counsel for the negro night watchman, fifty witnesses among them the negro James Conley, confessed accomplice, and Leo M. Frank, accused of the crime, will be subpenaed for the habeas corpus hearing.

It is known that the solicitor general, Hugh M. Dorsey, will oppose the release from the Tower of Lee on the ground that he is a material witness.

Counsel for Frank will take no part in the fight to secure the release of Lee, but Attorney Reuben R. Arnold stated when the case was postponed that he would oppose any effort to bring Frank into the court for the habeas corpus hearing.

It is said that the counsel for Frank will oppose bringing him to the court on the ground that it is not lawful to force a defendant to give any testimony which relates to or bears on the crime for which he is to be tried.

This, as a result, will prevent the much talked of meeting of Frank and Conley.

According to the attorney for Lee, subpenas will be issued to the many detectives who have worked on the case, to the solicitor general and to the foreman of the grand jury that failed to indict Lee.

EXAMINED BY EXPERTS.

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Chief Traces Vice Conditions to Men; Promises Arrests

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The Atlanta Journal

Thursday, July 10, 1913

Beavers Puts Police on Trail of Men Blamed By Girl Guests for Situation in Downtown Hotels

GIRL VICTIM BARES HOTEL CONDITIONS TO RECORDER

Judge Broyles Hears Sensational Expose of Vice Situation Said to Exist in Many Atlanta Rooming Houses

As the outcome of the dramatic confession made by Hattie Smith in the recorder’s court Wednesday afternoon Chief Beavers announced Thursday morning that he will open a war against the men who, he asserts, are ruining girls.

Following the trial in court Wednesday the chief says that Hattie Smith gave him more details than came out in the testimony, detailed though it was. He says that he now has the names of several men whom the Smith girl says she had taken auto rides with. The chief says that he will take steps against these men.

In beginning his campaign, the chief makes the statement that he holds the men responsible for the life led by the wayward woman. Poor girls, without even the necessities of life, have no show against men who are always on the watch to prey upon them, declared Beavers.

SMITH GIRL TELLS STORY.

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Beavers’ War on Vice is Lauded by Women

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The Atlanta Georgian

Thursday, July 10, 1913

Georgia Suffragists Adopt Resolution Indorsing Chief’s Course in Atlanta.

Chief of Police Beavers’ fight against vice was enthusiastically indorsed at the Thursday morning session of the convention of the Georgia Woman Suffrage Association. The following resolution, introduced by Mrs. Margaret T. McWhorter, was adopted:

The Georgia Woman Suffrage Association realizes the high civic ideals which actuate Chief of Police James L. Beavers, of Atlanta, and we wish to place ourselves on record as indorsing every move which he has taken for good government and clean morals, and especially do we commend his action in the matter of recommending the appointment of women probation officers for Atlanta; therefore,

Be it Resolved, That we convey to him our hearty congratulations and pledge to him the support and co-operation of the association in securing the appointment of these women officers, and also pledge our co-operation in any movement toward bettering civic conditions of Atlanta, which mean better civic conditions for the whole State, and be it further

Resolved, That The Atlanta Georgian, The Atlanta Constitution and The Atlanta Journal be requested to publish these resolutions.

Mrs. McWhorter’s resolution invoked tremendous enthusiasm among the delegates to the convention, and the indorsement of the association was given to Chief Beavers without a dissenting vote.

The Georgian’s Editorial Praised.

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Says Conley Confessed Slaying

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The Atlanta Georgian

Thursday, July 10, 1913

*Editor’s Note: Articles with the titles “Tells of Conley Confession” and “Says Conley Confessed” also appeared in other editions of the Georgian.

NEGRO MADE BOAST OF KILLING A GIRL, AGENT DECLARES

Attorneys for Frank Will Put Main Reliance of Defense on the Startling Affidavit Made by W. H. Mincey and Now in Their Possession.

That Jim Conley, negro sweeper at the National Pencil Factory, made a virtual confession to him that he attacked and killed Mary Phagan is the startling allegation made in an affidavit by William H. Mincey, until recently a solicitor for the American Insurance Company, of 115 1/2 North Pryor Street.

It became known Thursday that this affidavit, which is in the hands of the defense, will be the principal reliance, aside from the alibis which have been established for Frank, in bringing an acquittal of the accused man and obtaining a conviction against the negro.

No other evidence, in all of the more than two months’ investigation of the mystery, has been so damning and so direct. The defense has practically only to establish the credibility of Mincey to assure itself of victory.

Said He Had Killed Girl.

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Beavers in Speech Warns Policemen to Keep Out of Dives

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The Atlanta Georgian

Thursday, July 10, 1913

Chief of Police Beavers caused a stir Thursday morning when he went before the day watch and addressed the men on their conduct. His talk resulted from the recent scandal in which several policemen were found guilty of visiting a resort in the rear of 127 Auburn Avenue.

“Any man who hangs around a negro dive has no place on the police force of Atlanta,” the Chief said, addressing the men. “If you get positive evidence that any of your brother officers are engaged in discreditable practices and frequenting disreputable places, it is your duty to report it.”

The Chief will make a similar speech to the night and morning watches.

* * *

The Atlanta Georgian, July 10th 1913, “Beavers in Speech Warns Policemen to Keep Out of Dives,” Leo Frank case newspaper article series (Original PDF)

Chief Expects Arrests in Vice Probe

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The Atlanta Georgian

Thursday, July 10, 1913

MEN NAMED BY GIRL ARE SOUGHT

Chief Beavers Declares New and Startling Arrests Are Near. Alleged Procuress Held

With the principals in the sensational vice case, Hattie Smith, a 17-year-old girl victim; Mrs. Lena Barnhart, a flashily-dressed woman, alleged white slave procuress; Lige Murray, negro ally, and Clyde Cox, the youth who was arrested in the hotel raid, all bound over to the higher courts, the police Thursday turned the full flare of a searching investigation directly on the hotels and alleged immoral resorts, with the result that new arrests and startling developments were expected during the day.

Chief Beavers Thursday morning declared that his crusade would include the men principals in the vice system as well as the women.

A number of names were given him by Hattie Smith. He will use these as a start along this line of his investigation, and sensational results are expected.

Girl Tells Story in Court.

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Hotels Involved By Story of Vice Young Girl Tells

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The Atlanta Constitution

Thursday, July 10, 1913

Soda Water Stands, Chop Suey Joints and Automobile Rides Figure in Her Narrative.

NAME OF BUSINESS MAN BROUGHT INTO SCANDAL

Hattie Smith Says She Registered With Men in Cumberland and Brittain—Recorder Binds Over Three.

A story of vice that is unprecedented even in the sorbid [sic] history of police court, was poured into the ears of Judge Broyles Wednesday afternoon, when Hattie Smith, the 17-year-old “Girl of the Streets,” was called to the stand.

She made no attempt to withhold anything. She gave names and addresses with startling willingness, and told of her own crimson career with a frankness so bold that color was drawn to even the cheeks of the most morbid courtroom frequenter.

As a result, Lena Barnhart, alias Lena Levison, the good looking young woman whom the girl accused of being a white slave procuress, was bound over to higher courts under bond of $500, and Lige Murry, who was charged with having been the woman’s ally, was bound over bond of $100.

Three Hotels in Case.

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Mary Phagan’s Pay Envelope is Found

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The Atlanta Constitution

Thursday, July 10, 1913

Discovery Made by Detectives Weeks Ago, But Is Just Announced

The discovery of the pay envelope given Mary Phagan on the day of her murder is believed by detectives to furnish the missing link in the chain of circumstancial [sic] evidence they declare they have forged.

The envelope was found by Detectives Harry Scott and John Black. It is now in possession of the solicitor general. It was discovered on the first floor of the plant building behind a radiator that is situated in immediate vicinity to the spot at which James Conye [sic], the negro sweeper, says he sat in waiting for his superintendent’s summons.

The production of the envelope as evidence will be a strong point in behalf of Frank’s defense according to his friends, however. It is rumored that his counsel is already preparing to use it as a basis of one of their many attacks upon the negro’s story.

The envelope was found three weeks after the discovery of the girl’s body. It was not made public, however, until Wednesday.

Solicitor Hugh M. Dorsey won his point Wednesday and will keep Newt Lee, the negro night watchman, in the tower until the trial of Leo M. Frank for the murder of Mary Phagan is held on July 28. Attorneys Graham and Chappell for Leo had secured an order directing that the sheriff show cause why he should hold their client but the solicitor held a conference with the negro’s lawyers shortly before the hearing and by mutual consent the affair was indefinitely postponed.

* * *

The Atlanta Constitution, July 10th 1913, “Mary Phagan’s Pay Envelope is Found,” Leo Frank case newspaper article series (Original PDF)

Sensations in Story of Girl Victim

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The Atlanta Georgian

Wednesday, July 9, 1913

Accused Prisoners in White Slave Inquiry Held for Higher Court.

That sufficient evidence had been produced in court to make a case against one of the city’s most prominent business men was the statement of Recorder Broyles Wednesday afternoon at the trial of the persons involved in the latest vice scandal.

Lena Barnhardt, alleged white sliver [sic] and procuress, was bound over to the higher court under a bond of $500.

Hattie Smith, who claimed in court to be a white slave victim of the Barnhardt woman, was placed under $100 bond for the higher court.

Clyde Cox, who is alleged to have been trapped with the Smith girl, was put under the same bond.

Elijah Murray, colored bellboy at the Cumberland Hotel, who, the Smith girl testified, had arranged dates for the woman inmates of the hotel, was held in default of $100 bond.

Hattie Smith repeated the sensational story she previously had told to the detectives in regard to her meeting with the Barnhardt woman, and of the manner in which she was lured into a life of shame.

Aside from the sensational revelations of a systematic white slavery business carried on in some of the city’s hotels, the girl’s most startling testimony had to do with the prominent business man whose name she mentioned in open court.

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Mary Phagan Pay Envelope Found

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The Atlanta Journal

Wednesday, July 9, 1913

MYSTERY’S LOST LINK IS FOUND NEAR WHERE CONLEY SAYS HE SAT

Finding of Portion of Salary Envelope Bearing Victim’s Name Expected to Strengthen Defense’s Contention

CONTENTS OF ENVELOPE HAVE NEVER BEEN FOUND

Find Was Made by Pinkertons Just Three Weeks After the Murder, but Was Kept a Secret Until Wednesday.

The pay envelope, which was the quest of Mary Phagan’s visit to the National Pencil factory on April 26, when she met her death, has been found.

At least enough of the envelope to definitely identify it is in the hands of the authorities.

The upper corner of the pay envelope, bearing the name of the victim of the sensational murder mystery, was found on the first floor of the factory by Pinkerton detectives three weeks after the commission of the crime.

While attorneys for the defense and the prosecution have known of the find for weeks, the fact only became public Wednesday.

The corner of the pay envelope was found on the first floor of the factory, behind a radiator, about 15 feet from the stairway and about 8 feet from the place, where James Conley, the negro sweeper, says he sat for more than an hour on the day of the tragedy.

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New Evidence in Phagan Case Found

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The Atlanta Georgian

Wednesday, July 9, 1913

iGrl [sic] Called to Tell of Negro She Saw in Pencil Factory—Lee Stays in Jail.

A sensation in the Phagan murder mystery developed Wednesday afternoon when Solicitor Dorsey summoned Miss Mattie Smith under a special subpena to question her in regard to a negro she saw in the National Pencil Factory the morning of the Saturday that Mary Phagan was murdered.

Miss Smith told a Georgian reporter that she saw a negro there that morning and believed it was between 9 and 10 o’clock. She thought she might be asked to identify Conley. If she identifies the negro, it will disprove Conley’s statement that he did not go to the factory until after he had met Frank Saturday.

Judge W. D. Ellis Wednesday morning postponed indefinitely the hearing on the application for a writ of habeas corpus to liberate Newt Lee, material witness in the Phagan murder mystery.

The action came as a result of an agreement reached between Graham & Chappell, attorneys for Lee, and Solicitor General Hugh M. Dorsey. It is believed to mark the end of all efforts to gain the negro’s freedom before the trial of Leo M. Frank July 28.

The most unconcerned person in the courtroom was Newt Lee. He was brought before Judge Ellis by Deputy Sheriff Miner.

Lee is Unconcerned.

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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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