Tag Archives: Bernard L. Chappell

Seek Negro Who Says He Was Eye-Witness to Phagan Murder

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The Atlanta Georgian

Sunday, July 13, 1913

Fugitive, Reported to Have Been Traced to Birmingham, Declares That He Witnessed the Attack on the Girl Slain in the Pencil Plant.

LAYS CRIME TO BLACK WITH WHOM HE HAD GAMBLED

Loser at Dice, He Declares, Planned to Rob Victim as She Came From Getting Pay—Tried to Prevent the Crime and, Failing, Fled.

Report that a negro who has declared that he witnessed the attack by another negro upon Mary Phagan, which resulted in her death in the National Pencil Factory on the afternoon of April 26, has been apprehended in Birmingham, became known Saturday night.

If this information is substantiated, its substance is of such startling character as to revolutionize the present status of the Phagan case, casting down practically every bulwark which has been erected in the prosecution of Leo M. Frank for the murder.

In its present form, however, The Sunday American does not vouch for the correctness of the report. Only the fact that it comes from a source which is so near the defense of the pencil factory head as to make it authoritative and the admission by those connected with the actual legal defense of Frank, prompts this newspaper to present the sensational story, asking that it be taken for what, on its face, it is shown to be worth.

Negro Hunted Since May.

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Affidavits to Back Mincey Story Found

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The Atlanta Georgian

Sunday, July 13, 1913

Attorney Leavitt Declares Tale That Conley Admitted Killing Girl Will Stand Test.

NEWT LEE STILL HELD IN JAIL

Solicitor General Hugh Dorsey Promises to Present a Bill Against Him as Suspect.

That several negro women overheard Jim Conley when he ran the insurance agent, Mincey, away with the alleged statement that he had just killed a girl and didn’t want to kill anyone else, and that the affidavits from the women are in the hands of the attorneys for the defense, was stated Saturday by Attorney J.H. Leavitt, who aided in obtaining the sensational affidavit from Mincey.

Attorney Leavitt defended the character of the man who made the affidavit and denied emphatically that Mincey even asked about the money he would receive as a witness, except whether his railroad fare would be paid if he were out of the city.

Explains Dukes’ Doubts.

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Lee Must Remain Behind the Bars

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The Atlanta Constitution

Sunday, July 13, 1913

Solicitor Dorsey Does Not Believe the Negro Guilty of Any Part in Crime.

That Solicitor General Hugh M. Dorsey does not believe that Newt Lee, negro night watchman at the National Pencil factory, who was bound over by the grand jury with Superintendent Leo M. Frank for the murder of Mary Phagan, is guilty, was the only matter of importance brought out yesterday at the hearing of the habeas corpus before Judge W.D. Ellis by which Lee’s attorneys, Graham & Chappell, sought to free him.

Judge Ellis denied the motion for habeas corpus and remanded Lee back to the custody of the sheriff to await the outcome of Frank’s trial. Attorneys L.Z. Rosser and Reuben Arnold were also successful in their fight to prevent Frank being brought into court to testify.

Solicitor Dorsey declared that he had not brought a bill against Lee before the grand jury because he believed he had no evidence which would indict Lee.

The negro’s attorneys secured from the sheriff a statement that Lee would be given more eexrcise [sic], as the darkey declared that this was all that was troubling him. He said he was getting stiff from staying in his cell.

“Frank has the entire freedom of the jail whenever he wants it,” declared Attorney Chappell, “and Lee ought to be allowed some chance to take exercise.”

The character of the darkey and his love for the juicy fruit of a Georgia watermelon came out when Lee was being taken back to jail in charge of Deputy Plennie Miner.

“Why don’t you get Mr. Miner to buy you a nigh beer, Newt?” said a bystander.

“Ah don’t want no beer; all Ah wants is er watermelon,” replied the negro, and his large eyes rolled hopefully in his head.

“Ah ain’t had er melon this summer, and it’s the fust time that July ever come ’round without me having er melon.”

* * *

The Atlanta Constitution, July 13th 1913, “Lee Must Remain Behind the Bars,” Leo Frank case newspaper article series (Original PDF)

More Affidavits to Support Mincey Claimed

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The Atlanta Journal

Saturday, July 12, 1913

Frank’s Attorneys Said to Have Corroborating Evidence, Newt Lee Denied Freedom

Joseph H. Leavitt, an attorney, with offices at 422 Grant building, the man who secured the affidavit of W.H. Mincey, who alleges that James Conley confessed to the killing of a girl on April 26, the day Mary Phagan was murdered, declares that a number of affidavits fully corroborating every word that Mincey has said, are in the hands of counsel for the defense of Leo M. Frank.

Mr. Leavitt states that the Mincey affidavit is really much stronger than the published reports, which have purported to give its substance.

The reports are correct as far as they go, Mr. Leavitt admitted to a Journal reporter, but the affidavit dictated and signed by Mincey contains still more testimony, damaging to Conley.

“Mincey is a good citizen,” Mr. Leavitt told a Journal reporter, “a man of education and of character. However, every assertion which he made in the affidavit has been corroborated.”

“Then you must mean that some one else heard the confession Mincey claims that Conley made?” the reporter asked.

“Yes, others head [sic] it,” was the answer of Attorney Leavitt.

While he states that he doesn’t know his address, Mr. Leavitt says that he is confidence [sic] that Mincey will be here when Leo M. Frank faces a jury on the charge of murdering Mary Phagan.

Mincey in his affidavit claims that he went to see Conley on the afternoon of April 26, the day Mary Phagan was murdered to solicit insurance from him, and that Conley became angered and told him that he had killed a little girl that day and did not want to have to kill another person.

The police make light of the Mincey affidavit, and say that Mincey once came to headquarters to identify a man he had seen drunk in the negro quarter. He saw Conley, they say, and then admitted that he had never seen the engro [sic] before.

Attorney Leavitt says that the affidavit will give a good reason for Mincey’s failure to make known at once the information, which he claims to have on the sensational murder case.

Solicitor General Dorsey and Attorney Frank A. Hooper, who will assist him in the prosecution of Frank, grilled James Conley at headquarters for more than an hour Friday afternoon. While Mr. Dorsey would not discuss the matter, it is understood that he questioned Conley closely about the statements alleged to have been to Mincey, and the negro claims that he never saw [the] insurance agent except at police headquarters.

LEE DENIED FREEDOM.

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Conley Kept on Grill 4 Hours

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The Atlanta Georgian

Saturday, July 12, 1913

After Gruelling Third Degree, Officials Refuse to Deny or Affirm Negro Confessed.

Habeas corpus proceedings to release Newt Lee collapsed in the court of Judge Ellis Saturday morning.

By agreement, Bernard L. Chappell, representing Lee, withdrew his application for a habeas corpus; Solicitor Dorsey promised to present a bill against Lee as a suspect in the Phagan murder case, with the expectation that a “no bill” would be returned. This appeared satisfactory to the attorneys for Lee, as well as to the State.

Luther Z. Rosser, Reuben R. Arnold and Herbert J. Haas, of counsel for Frank, were in court to fight against the appearance of Frank as a witness. William M. Smith represented Conley, one of the witnesses subpenaed.

Jim Conley underwent a racking third degree late Friday afternoon at the hands of Solicitor General Hugh M. Dorsey and Attorney Frank A. Hooper in an effort to verify or discredit the W.H. Mincey affidavit, in which the negro was charged with confessing to the murder of a girl on the afternoon that Mary Phagan met her death.

The grilling of nearly four hours followed The Georgian’s publication of the details of Mincey’s accusations and was undertaken with the utmost secrecy, an attempt being made to avoid knowledge of the “sweating” becoming public by taking Conley to the Commissioners’ room on the second floor of the police station by a circuitous route.

Negro’s Most Severe Ordeal.

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Says Women Heard Conley Confession

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The Atlanta Georgian

Saturday, July 12, 1913

*Editor’s Note: This article also ran with the headlines “Says Women Overheard Conley Confess” and “Says Women Heard Conley Confess” in the Final and Home Editions, respectively. The headline used here is from the Night Edition.

AFFIDAVITS SUPPORT MINCEY STORY

Attorney Leavitt Declares Tale That Negro Admitted Killing Girl Will Stand Test.

That several negro women overheard Jim Conley when he ran the insurance agent, Mincey, away with the alleged statement that he had just killed a girl and didn’t want to kill any one else, and that the affidavits from the women are in the hands of the attorneys for the defense, was stated Saturday by Attorney J.H. Leavitt, who aided in obtaining the sensational affidavit from Mincey.

Attorney Leavitt defended the character of the man who made the affidavit and denied emphatically that Mincey even asked about the money he would receive as a witness, except whether his railroad fare would be paid if he were out of the city.

Explains Dukes’ Doubts.

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Mincey’s Story Jolts Police to Activity

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The Atlanta Georgian

Friday, July 11, 1913

*Editor’s Note: The following column ran in the final edition of the Georgian with the title “Georgian’s Story Stirs Officials to Action,” and contains the following bracketed text in lieu of the first two paragraphs and preceding sub-headline.

[Mincey Affidavit Leads to Another Cross-Examination of Phagan Case Suspect.

[As a result of the publication by The Georgian exclusively Thursday of the sensational affidavit of W.H. Mincey, the insurance agent, which declared that Jim Conley had confessed on the afternoon of the Phagan murder, that he had killed a little girl, the negro sweeper was again put on the grill late Friday afternoon. The cross-examination was conducted by Solicitor General Hugh M. Dorsey personally at the police station and was attended by utmost secrecy.

[Conley was taken into the Police Commissioners’ room on the second floor of the station house by a circuitous route to avoid being seen. In the room awaiting him were the Solicitor, his assistant, Frank J. Hooper, and Chief of Detectives Lanford. The negro was questioned for more than an hour. The result of the inquiry was not made known.

[That Mincey’s affidavit is of the utmost importance became obvious with this latest move by the prosecution. Undoubtedly its startling accusations, directing guilt at the negro, have shown themselves to the State to have foundation of more strength than Mr. Dorsey and his colleagues have so far cared to admit.]

Steps Taken Immediately to Discredit Affidavit Published Exclusively in The Georgian.

The Georgian’s exclusive publication of the sensational details of the W.H. Mincey affidavit, in which Jim Conley was alleged to have confessed to the killing of a girl the afternoon that Mary Phagan was slain, created a big stir Friday in police circles and immediate efforts were made to discredit the accusations against the negro.

Detectives set out at once on a still hunt for Mincey. Lines were thrown out to produce witnesses who would swear that Mincey’s word was not to be depended upon. The detective force, which virtually had been resting on its oars in the Phagan case for several weeks, was galvanized into action by the startling charges made in the affidavit of Mincey, which was first made public by The Georgian.

Police Deny Being Told.

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Slaying Charge for Conley Is Expected

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The Atlanta Georgian

Friday, July 11, 1913

Speedy Indictment of Negro Is Likely Following Publication of Mincey Affidavit.

The speedy indictment of Jim Conley on the charge of murdering Mary Phagan was the strong possibility discussed in court circles Friday following the sensational turn given the strangling mystery by The Georgian’s publication Thursday of the accusation of William H. Mincey, an insurance solicitor, that he had heard the negro boast on the afternoon of the crime of killing a girl.

For nearly two months a self-confessed accessory after the fact of the murder of the little factory girl, Conley has been allowed to go without an attempt at bringing an indictment against him. The startling new evidence which indicates most strongly, if the credibility of the defense’s witness can be established, that Conley was not the accessory after the fact, but the actual principal in the crime, is expected to result in a thorough investigation by the Grand Jury of all the rumors and stories which have been in circulation of the negro’s connection with the pencil factory tragedy.

Counsel Relies on Mincey.

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Conley Not Right Man, Says Mincey

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The Atlanta Constitution

Friday, July 11, 1913

Insurance Man Who Made Affidavit Says Conversation Was With Some Other Negro—Saw Conley at Station.

It was disclosed Thursday afternoon that William H. Mincey, the insurance agent who has made an affidavit to the effect that Jim Conley on the date of the Phagan murder drunkenly admitted that he had slain a girl had appeared at police headquarters during Conley’s grilling and had positively failed to identify the negro.

This was told a Constitution reporter by Detective Harry Scott of the Pinkertons and Detective Chief Newport Lanford. The insurance agent, they declared, had come to the police station while Conley was being cross-examined and had asked to see the prisoner.

He wanted to see if he could identify Conley as the negro whom he had seen drunk at the corner of Electric and Carter streets on the afternoon of Saturday, April 26. He was admitted to Conley’s presence. After asking the negro a number of questions pertaining to a conversation he had held with the black encountered at Electric and Carter streets, Mincey, the detectives assert, declared he could not identify the suspect.

He’s not the man I saw, Lanford and Scott say the insurance man declared.

Conley was asked by Mincey on that date if he had not talked with him about the issuance of a life insurance policy. Conley denied having ever seen the man. Mincey, the detectives say, was positive in his declaration that Conley was not the negro with whom he had held the conversation.

Did Not Approach Detectives

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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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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)

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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Application for Lee’s Release Delayed

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The Atlanta Georgian

Saturday, July 5, 1913

Watchman’s Lawyer Says He Will Await Return of Dorsey Before Filing Habeas Corpus.

On account of the absence form the city of Prosecuting Attorney Hugh M. Dorsey, 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., Saturday morning. He will return Monday.

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Lee’s Lawyer Expects Delay in Frank Case

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The Atlanta Journal

Friday, July 4, 1913

State Certain to Fight Chappell’s Effort to Secure Release of Watchman

Bernard L. Chappell, attorney for Newt Lee, the negro night watchman, who found the body of Mary Phagan in the National Pencil factory basement, declares that Saturday he will bring habeas corpus proceedings to secure the release of his client.

According to the attorney, the negro is being held on the recommendation of the coroner’s jury, which concluded its inquest before James Conley figured in the case. The grand jury has failed to act on Lee’s case, and Attorney Chappell says that he is going to make efforts to secure the negro’s release.

When the habeas corpus proceedings are commenced the state is certain to make a fight to prevent the negro’s release from the Tower on the ground that he is a material witness.

Attorney Chappell states that he has decided to bring the habeas corpus proceedings because he does not believe that the case of Leo M. Frank will actually come to trial on July 28, when it has been set by Judge L. S. Roan, of the superior court.

There are many ways in which such a case may be postponed indefinitely, Lee’s attorney says, and he is not going to allow his client to stay in jail for an indefinite period if he can help it.

As a result, he says he is fully determined to take the legal steps Saturday to secure the negro’s release.

* * *

The Atlanta Journal, July 4th 1913, “Lee’s Lawyer Expects Delay in Frank Case,” Leo Frank case newspaper article series (Original PDF)

Lee’s Attorney Seeks to Gain His Release

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The Atlanta Journal

Friday, July 4, 1913

It was reported Thursday morning that Bernard L. Chappell, attorney for New [sic] Lee, the negro watchman held in connection with the Mary Phagan case, would take steps to release him from jail by swearing out a writ of habeas corpus.

Attorney Chappell is said to have come to the conclusion that Lee knew nothing about the case other than finding the body and that the state has no right to hold him.

* * *

The Atlanta Journal, July 4th 1913, “Lee’s Attorney Seeks to Gain His Release,” Leo Frank case newspaper article series (Original PDF)

Effort Will Be Made to Free Newt Lee

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The Atlanta Constitution

Friday, July 4, 1913

Attorney Chappell Declares Belief That Lee Has No Knowledge of Guilty Parties.

An early effort is likely to be made to free Newt Lee, the negro night watchman who discovered the body of Mary Phagan, and who has since been held for suspected complicity in the crime.

This is intimated in a statement issued by the negro’s counsel, Bernard L. Chappell, who says he has arrived at the conclusion that his client knows absolutely nothing about the murder, except his grewsome discovery.

Lee was not indicted, although his name was submitted before the grand jury at the same time action was taken against Leo Frank. No amount of cross-examination can break his story in any respect, and he has told the same straightforward tale throughout imprisonment.

Attorney Chappell hinted that he would institute habeas corpus proceedings in the attempt to liberate the watchman.

* * *

The Atlanta Constitution, July 4th 1913, “Effort Will Be Made to Free Newt Lee,” Leo Frank case newspaper article series (Original PDF)

Writ Sought In Move to Free Negro Lee

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The Atlanta Georgian

Thursday, July 3, 1913

Attorney for Watchman Declares Client Knows Nothing of the Actual Crime.

Bernard L. Chappell, attorney for Newt Lee, negro night watchman at the pencile [sic] factory, held in the Phagan case, stated Thursday morning that he would swear out a writ of habeas corpus for the release of the negro.

Attorney Chappell stated that he had come to the conclusion that there was nothing the negro knew about the crime except finding the body, and that the State had no right to keep him without some charge or as a material witness.

Lee was the first suspect arrested in connection with Mary Phagan’s murder. He was ordered held by the Coroner, but when a bill of indictment was offered the Grand Jury at the same time of the Frank indictment, no action was taken against the negro.

Weak Spots in Conley Tale.

Chappell said the writ of habeas corpus would compel the State either to order the negro held as a material witness or make some charge against him.

Conley, in relating his dramatic tale of carrying the body of Mary Phagan from the rear of the second floor and disposing of it at the direction of Frank in a dark corner of the gloomy basement, said that when he reached the elevator he had to wait until Frank went into his office for a key to the elevator door.

The defense will maintain, it is understood, that the elevator door had not been locked for some time. Witnesses will be called to testify that the door had remained unlocked in accordance with instructions from the firms with which the building was insured. From this alleged circumstance, it will be argued that the negro’s story is a fabrication devised to shield himself from the charge of murder and to shift the responsibility onto another man.

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May Indict Conley in Phagan Case

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The Atlanta Georgian

Tuesday, July 1, 1913

JURY LIKELY TO GO OVER DORSEY’S HEAD

Indictment of Negro Sweeper Would Be Severe Blow to Prosecution of Frank.

That the Fulton County Grand Jury will go over the head of Solicitor General Hugh M. Dorsey and indict Jim Conley, the negro sweeper, for the murder of Mary Phagan, in connection with Leo M. Frank, was a probability which came to light Tuesday.

While the report was not verified, its origin was such as to throw a bomb into the camp of the prosecution, as it will mean the indictment of the star witness in the State’s case against Frank.

In the event that Conley is indicted it will mean also that he will be taken from the custody of the police, where he has been carefully guarded from the defense, and will be placed in the county jail, where Frank is being held.

Rumors that Newt Lee, negro night watchman at the National Pencil factory, had made sensational disclosures to his attorney, Bernard L. Chappell, and would be one of the State’s most important witnesses in the trial of Leo M. Frank, were set at rest Tuesday by Mr. Chappell.

The negro’s attorney said after the inquest that he would make no effort to procure the release of Lee, as he believed his client was a vital witness and it would be the wisest plan for him to remain in the protection of the State.

His statements at this time and up to the date of the indictment found against Frank led to the impression that Lee had confided in his lawyer significant circumstances which he had told neither to the detectives nor to the members of the Coroner’s jury.

Denies Confession Reports.

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