Affidavits to Back Mincey Story Found

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

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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More Affidavits to Support Mincey Claimed

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

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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Fight for Newt Lee’s Freedom is Delayed

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

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.

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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

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

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

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

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 Attorney Seeks to Gain His Release

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

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.

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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

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

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.

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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

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

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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