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.

“I am attorney for the American Insurance Company and know its manager, J.S. Dukes, very well,” said Leavitt. “He sought to discredit the affidavit very likely because Mincey left his employ to get a better position, and he had to do some of the outside work. Mincey is a college graduate and is well known in Atlanta. It will be utterly impossible to shake his evidence.

“I am not employed to represent Frank and aided in getting this affidavit purely because I happened to stumble on to the information. Before I submitted it to Mr. Rosser, Frank’s attorney, I spent eleven days investigating the character of the man, questioning the women in the neighborhood and generally verifying the facts. When I turned it over to him I was convinced of its absolute truth and that it would stand the acid test.”

Habeas Corpus Fight Fails.

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.

Conley Gets Third Degree.

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.

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The Atlanta Georgian, July 13th 1913, “Affidavits to Back Mincey Story Found,” Leo Frank case newspaper article series (Original PDF)

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.

The only result of the hearing of the habeas corpus writ for the release of Newt Lee Saturday morning was the announcement of the sheriff that the negro would be given increased opportunities for taking exercise.

The negro himself stated to the court that he was perfectly willing to remain in jail until the Mary Phagan murder case has been disposed of. He said that he was well treated and well fed, and that his only complaint was that he was stiff from a want of exercise. Sheriff Mangum then told the court this was the first he had heard of  the negro’s want of exercise, and that he would see that he had plenty in future.

Attorneys Graham and Chappell, counsel for Lee, made two points in their petition for a habeas corpus. First, that the negro night watchman had been bound over by the coroner’s jury, and that the two grand juries had failed to act on his case; and, second, that Lee was not a material witness.

The attorney admitted, however, in his petition that the negro did find Mary Phagan’s body.

Solicitor Dorsey declared that Lee was one of the most material witnesses of the state, and that he could testify[…]

(Continued on Page 5, Col. 2.)

MORE AFFIDAVITS TO SUPPORT MINCEY CLAIMED

(Continued From Page 1.)

[…]to several points that no one else could.

The hearing then developed into whether or not Lee should be placed under bond as a material witness or whether he should be held in jail as a witness.

COULDN’T MAKE BOND.

The negro said that he couldn’t make bond, and an order remanding him back to the custody of Sheriff Mangum was issued by Judge W.D. Ellis, who was presiding.

Attorney Chappell, who wanted to go into the issues of the case, presented a petition to have Leo M. Frank, who is charged with the Phagan murder, and James Conley, self-confessed accomplice, brought into court.

The solicitor general stated that he would admit the seevral [sic] things which Attorney hCappell [sic] set out in his petition, and that phase of the case was disposed of.

Attorneys Reuben R. Arnold and Luther Z. Rosser, counsel for Frank, were in court to fight any effort to bring Frank to the court, if a fight had been necessary. Mr. Arnold stated that a complete and exhaustive examination of Frank had been made at the inquest and he was ready to produce the record of Frank’s statement if it was needed.

Solicitor General Dorsey told the court that he would submit the warrant binding over Lee to the grand jury to that body, but could not conscientiously ask that Lee be indicted for murder, as there is no evidence against him.

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The Atlanta Journal, July 12th 1913, “More Affidavits to Support Mincey Claimed,” Leo Frank case newspaper article series (Original PDF)

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)

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.

The announcement Friday that he 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.

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The Atlanta Georgian, July 5th 1913, “Liberty for Newt Lee Sought,” Leo Frank case newspaper article series (Original PDF)

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.

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.

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The Atlanta Georgian, July 5th 1913, “Application for Lee’s Release Delayed,” Leo Frank case newspaper article series (Original PDF)

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)

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)

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.

To Assail Whole Story.

This is only one particular of at least a score which will be assailed by Attorneys Luther Z. Rosser and Reuben R. Arnold, who are representing Frank. They will say in the first place that the elevator was not running at all on the day of the crime, in spite of Conley’s story that the body was carried down to the basement by this means. Harry Denham and Arthur White, who were working on the fourth floor of the factory, will be called to testify to this.

With the defense and prosecution awaiting the day when the great legal battle which will send Frank to the gallows or free him from the stigma of the murder charge shall begin, Frank’s lawyers are occupying much of their time in making a critical analysis of the succession of weird statements credited to the negro from the time he said he wrote on the Friday before the murder at the dictation of Frank the notes that were found beside the body of the dead girl until he issued his last affidavit.

The negro admitted the story of writing the notes on Friday was false. He admitted that his first story of never having seen Mary Phagan, dead or alive, was a deliberate lie. He is reported to have further changed his story by admitting seeing the girl before she was killed. But, except for this, he maintains his last affidavit is the whole truth. The defense believes it is as false as the rest and is preparing to go into court and break down utterly the fabrication that the negro has erected.

Notes to Play Part.

Although the notes found by the body of the slain girl have received little attention from those working on the case lately, they are bound to have a most important part in the trial of Frank.

The defense will seek to show that there could have been no possibility of their being dictated by the factory superintendent; that if the negro had taken Frank’s dictation, supposing that Frank had committed the crime, a much different sort of a note would have been the result.

Conley has shown since his arrest that he can follow dictation with a fair degree of accuracy. This being the case, it is reasonable to presume, the defense will hold, that he would have followed Frank’s words closely. But the notes are an incoherent, jumbled mass of words that are only half intelligible after the detectives have placed weeks of study upon them. The defense will contend that such a note can not be imagined, by any process of reasoning, as the dictation of Frank.

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The Atlanta Georgian, July 3rd 1913, “Writ Sought In Move to Free Negro Lee,” Leo Frank case newspaper article series (Original PDF)