Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
August 6^th, 1913

By James B. Nevin.

“Gentlemen of the jury, having heard from James Conley, the blackest, most damning story ever told in Atlanta by one human being against another, having sat there and listened as he smudged with unspeakable scandal the defendant in this case, Leo Frank, although it is irrelevant, immaterial, and has nothing to do with this case, you will kindly forget it, being on your oaths as jurymen to consider the evidence declared competent!”

And the jury, being like most other juries, in one way or another, and having heard all the things as aforesaid, will promptly proceed to do as instructed about forgetting it—NOT!

I have heard juries told too many times to “forget” things—such, for instance, as that there is no such thing as “unwritten law” in this land of the free and home of the brave—and I have seen too many times those very same juries proceed to “forget”—NOT!

Juries are, after all, composed of mere human beings, and things such as Conley said to the Frank jury can NOT be forgotten, and will NOT be disregarded by the average jury.

Merely Question of Belief.

It is merely a question of whether the jury BELIEVES the negro!

There was something infinitely pathetic in the situation Tuesday, when court met in the afternoon.

For one thing, it brought to the cheeks of the defendant’s wife, always and ever at his side, the first tears I yet have seen fall from her eyes.

She has borne herself with amazing fortitude thus far—the wonder is that she has not long ago collapsed.

When Reuben Arnold, moving to strike from the record the vile story of Jim Conley, paused a second before reading the exact words he desired expunged, looked a moment in the direction of the defendant’s wife, and said, with no show of the spectacular whatever, “Your honor, I would prefer not to read this in the presence of these two ladies, and I therefore pass it to your honor that you may read it in silence!” The moment was tense and tragic!

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
August 6^th, 1913

Sweeper’s Grilling Ends After 15^1/2 Hours, His Main Story Unshaken

MYSTERY OF GIRL’S MESH BAG EXPLAINED BY NEGRO ON STAND

That Mary Phagan’s silver-plated mesh bag, mysteriously missing since the girl’s bruised and lifeless body was found the morning of April 27, was in Leo Frank’s office a few minutes after the attack and later was placed in the safe in Frank’s office was the startling statement made by the negro Conley Wednesday in the course of his re-direct examination by Solicitor Dorsey. At 11:10 the negro left the stand after being questioned for fifteen and one half hours.

This testimony was the sensation of the forenoon. Throughout the more than three months of the murder mystery an unavailing search was made for the mesh bag, the city and Pinkerton detectives being convinced that the finding of the bag would go a long distance toward pointing out the person guilty of the Phagan girl’s murder.

“Did you ever see a silver mesh bag that Mary Phagan carried?” inquired the Solicitor.

“Yes, sah,” replied Conley. “I see it right on Mr. Frank’s desk when I went in there.”

“What became of the mesh bag?” continued Dorsey.

“He went and put it in his safe,” the negro said.

First Word of Mysterious Bag.

It was the first information, authentic or otherwise, that had come to light regarding the disposal of the mesh bag. The homes of Newt Lee and Jim Conley had been searched high and low for the bag or any other clew to the perpetrator of the crime. Except for a vague rumor that a mesh bag had been found by a negro in a shop on Decatur street, a story which later was found to have no connection with the Phagan mystery, not the slightest clew ever was discovered to the whereabouts of the bag which so strangely had disappeared.

Attorney Rosser’s manner was angry and threatening when he arose for the re-cross examination. He began at once a vicious attack on Conley’s story of the mesh bag. He asked when Conley first told this remarkable tale. Conley said he couldn’t remember.

“Why didn’t you tell all this when you were telling ‘the whole truth’ to the detectives?” Rosser shouted.

The attorney apparently sought to create the impression that the mesh bag story was an afterthought and that it was manufactured by the negro when he heard of the search the detectives were making for the bag.

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
August 5^th, 1913

The defense of Leo Frank will bring out vividly before the jury Tuesday that the striking feature of Jim Conley’s dramatic recital on the stand Monday was that it differed not only from the first two affidavits signed by the negro, which he later repudiated in large part, but it also conflicted in several particulars with the last sensational affidavit in which he charged Leo Frank with the killing of the girl and related that he (Conley) disposed of the body and wrote the notes that were found at its side at Frank’s direction.

As a conspicuous example, Conley in his narrative before the jury Monday told for the first time of hearing the Phagan girl scream after she had gone to Frank’s office and, according to his story, walked with the superintendent to the rear of the factory.

He said nothing of this in his first two affidavits. Neither did he mention it in his third sworn statement. On the contrary, he denied to the detectives at that time that he had heard any sound indicating that a crime had been committed. To a reporter for The Georgian who saw him after he had made the third affidavit he made the same firm denial.

He even denied that he had seen the little girl enter the factory. That he was on the first floor and saw Mary Phagan when she went upstairs was not known until The Georgian published an exclusive story to that effect following the talk that Solicitor Dorsey and Frank Hooper had with the negro in the commissioners’ room at the police station weeks after the third affidavit.

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
August 5^th, 1913

Judge, Favoring Defense, Reserves Decision as to Striking Out Testimony

CONLEY CONTINUES TO WITHSTAND FIERCE ATTACKS OF ROSSER

Reuben Arnold created a sensation at the opening of Tuesday afternoon’s session of the Frank trial by making a motion that all of the revolting testimony concerning Leo Frank’s alleged conduct before the day of Mary Phagan’s murder be stricken out of the records. He also demanded that all of Jim Conley’s testimony in reference to watching at the door at Frank’s direction be expunged except the time he claims he watched on the day Mary Phagan was killed.

The contention resulted in practically a complete victory for the defense after a bitter legal battle. Judge Roan said that he would exclude from the records everything bearing on these alleged instances, except the negro’s testimony as to what occurred on the actual day of the crime. He said, however, he would hold himself ready to reverse his decision until he made his announcement to the jury Wednesday morning.

As the charges of degeneracy were being hurled at her husband by the Solicitor, young Mrs. Frank hung her head and finally unable to endure the ordeal longer left the courtroom. When she returned, her eyes were red and her cheeks flushed as from weeping. She breathed heavily and appeared to be making a brave effort to regain her composure. It was the first time she had broken down during the long trial. Frank’s mother left her place, a look of utter, wearied misery in her eyes, but a determination to be brave in every line of her face.

Attorney Arnold asked the judge to strike out not only all the testimony in direct examination in reference to Frank’s alleged conduct, but also all that has come out in cross-examination.

DORSEY FIGHTS FOR TESTIMONY.

Solicitor Dorsey insisted that the testimony was admissible and should remain in the records.

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
August 4^th, 1913

L. O. Grice, a stenographer in the offices of the Atlanta and West Point Railroad, was the first witness called. He said that he saw Frank on Sunday morning after the murder and Frank attracted his attention by his undue nervousness.

Grice said he was on the way to the Terminal Station when he bought an “extra” stating that a murder had been committed at the National Pencil Factory. He said he stopped by the pencil factory and saw eight men on the inside of the building.

“Did any of these men attract your particular attention?” asked Solicitor Dorsey.—A. Two or three of them did.

Q. Who were they?—A. When I went in the building Detective Black, whom I knew, was asking a great many questions.

Q. Did anybody attract your attention by their nervousness?—A. Not right then, but later we went down through the basement and out the back door. Then I was attracted by the nervous actions of a small dark man. I did not know him.

Q. Is this the man? (Pointing to Frank.)—A. Yes.

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
August 4^th, 1913

By O. B. Keeler.

Jim Conley, hewer of wood and drawer of water.

On the witness stand at the Frank trial this morning, Jim unfolded a tale whose lightest word—you know the rest. It was a story that flexed attention to the breaking point: a story that whitened knuckles and pressed finger nails into palms; a story that absorbed the usual courtroom stir and rustle, and froze the hearers into lines upon lines of straining faces.

And Jim Conley told that story as he might have told the story of a day’s work at well-digging, or driving a dray, or sweeping up the second floor at the National Pencil Factory.

Jim was matter-of-fact.

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
August 4^th, 1913

There was a murmur of excitement following the calling of Jim Conley; there was a wait of several minutes, officers having just left the police station with the negro a minute or two before he was called.

Judge Roan impatiently ordered the Sheriff to bring in the witness. A number of spectators who were crowded up too close to the jury box were moved back by the court deputies.

“The Sheriff hasn’t got Jim Conley,” said Attorney Rosser, after a statement from Deputy Sheriff Plennie Miner.

“Mr. Starnes will bring him in,” returned Solicitor Dorsey.

“See if Mrs. White has arrived,” then requested Dorsey. “She has a very young baby, and when I had her subpenaed this morning she said that she would have to send to the factory and get her husband before she could come.”

Courtroom Quiet as Conley Enters.

“You may call her later,” said Mr. Rosser, “there wont’ be any objection.”
Jim Conley was brought into the courtroom just at this time. He took the witness chair and was sworn in while in the chair. Solicitor Dorsey examined him and everyone leaned forward, while extreme quiet prevailed.