Luther Z. Rosser Declares Detectives Dare Not Permit Jim Conley to Talk Freely

Luther Z. Rosser, leading attorney in the defense of the indicted pencil factory superintendent. He was snapshotted Friday morning while on his way to the court house to protest to Judge Roan against James Conley, the negro sweeper, remaining in the custody of the city detectives.

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

The Atlanta Journal

Friday, June 13, 1913

“Conley and His Counsel Are Wise—Their Hope Is That the Detectives Will Save Negro From a Confession, Giving Him Immunity, Provided He Continues to Put Guilt on Frank”

Several sensational points are contained in the written answer which Rosser & Brandon, attorneys for Leo M. Frank, made Friday morning to the rule nisi issued by Judge L. S. Roan calling upon Leo M. Frank, Newt Lee, or any other person suspected of the murder of Mary Phagan, or any citizen of the state of Georgia, to show cause why James Conley, the negro sweeper, should not be released as a material witness.

This answer was filed by Attorney Rosser, wkho [sic] referred to it as a “protest” and who asked that it be made a part of the court record. In it the attorneys for Frank declare that “to enact the farce in the court’s presence of releasing the negro and immediately return him to his wet nurses at the police station would resemble child’s play.”

The intimation is very clearly made that the solicitor general and the detectives wish to keep Conley in their custody at police headquarters in order that they may bolster up his sworn confessions and that they dare not let the negro talk freely for fear that he may destroy the value of “one of a number of contradictory statements made by him.”

“That the detectives should wish to keep Conley in custody and entertain him at the city’s expense is not at all surprising,” says the answer. “They have already extracted from him extravagant, unthinkable confessions, three or four in number. To these statements they have given the widest publicity, and to the credibility of the last one they have staked their reputations and hope of place.

“Upon the constancy and stability of this witness they have staked their […]

(ontinued [sic] on Page 7, Col. 1.)

ROSSER DECLARES DETECTIVES DARE NOT LET CONLEY TALK

(Continued from Page 1.)

[…] all. They would be less than human if they did not bend all their power and ingenuity in holding him to his present statement, adding to and taking therefrom only such things as will aid its credibility.” Continue Reading →

Negro Conley May Face Frank Today

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

The Atlanta Constitution

June 13, 1913

Hearing Before Judge Roan Today Will Decide Whether Negro Will Be Sent to Tower.

Whether James Conley, the negro sweeper, who swears that Leo Frank got his aid in disposing of Mary Phagan’s body and made him write the notes found near her, will be held as a material witness in the county jail or turned free and re-arrested by detectives as a suspect and then kept at police station, is due to be decided at 10 o’clock on the hearing of the rule nisi before Judge L. S. Roan.

The question of Conley’s liberty is not at stake, as the solicitor as well as Attorney L. Z. Rosser, for Frank, and the negro’s own lawyer, W. M. Smith, have announced that they desire him held.

Judge Roan has reached the decision that the negro should be kept at the Tower, where it is claimed that he does not wish to stay, as he asserts that he was intimidated while spending one night there after swearing to writing the notes.

Frank’s attorneys desire that the negro be placed in the Tower where Frank, under indictment for the murder, and Newt Lee, held as a material witness, are now kept.

Frank May Face Negro.

It is possible the meeting between Frank and the negro sweeper, which detectives have urged for several weeks, will finally take place today when the rule nisi is heard, as Frank is one of those named to show cause why the negro should not be released and Solicitor Hugh Dorsey may demand that he appear in person.

Should the negro be quizzed in the presence of the man whom he accuses, his every action and look as he sees Frank’s eyes upon him will be followed closely by detectives and by the solicitor himself, and a crisis in the case may develop from the meeting.

While it is certain that Attorney Rosser will go as far as possible in his attempt to have the negro held in the custody of the state, which means his incarceration in the Tower and out of reach of the detectives, it is not believed that he will speak freely or show many of his reasons for his claim that Conley is the murderer.

It is known that the greatest wish of the attorney for Frank is to get Conley out of the hands of the detectives and on account of this it is possible that he will show his hand to a certain extent at today’s hearing.

* * *

The Atlanta Constitution, June 13th 1913, “Negro Conley May Face Frank Today,” Leo Frank case newspaper article series (Original PDF)

Face Conley and Frank, Lanford Urges

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

The Atlanta Georgian

Thursday, June 12, 1913

Detective Chief Ready to Have Accuser Confront Prisoner Before Grand Jury.

New sensations are expected in the Phagan mystery Friday morning when the petition of Solicitor Dorsey for the revocation of the order holding James Conley as a material witness is heard before Judge L. S. Roan.

Luther Z. Rosser, attorney for Leo Frank, will be afforded his first opportunity formally to present his reasons for the holding of James Conley, not only as a material witness in the baffling murder mystery, but as an actual suspect.

While it is not anticipated that the attorney will disclose his hand too freely, it is to be supposed that he will present every argument he believes necessary to keep the negro in the custody of the State.

Lanford Agrees to Test.

Chief of Detectives Lanford Thursday replied to the demand of Luther Z. Rosser that Jim Conley be taken before the Grand Jury by making the startling proposition that he would take the negro to be questioned by this body the instant that Rosser assented to having Frank before the Grand Jury at the same time.

That this dramatic situation is not beyond the pale of possibilities within the next few days is indicated by the attitude of Frank’s friends, who have been suggesting just such an arrangement.

Chief Lanford Is Willing.

“I am perfectly willing that Conley should be taken before the Grand Jury,” said Chief Lanford. “I think it is only fair, however, that Rosser permit his client to go there at the same time, where he may be confronted by the negro and where the negro may tell his story right before Frank.

“Just the instant that Rosser consents to an arrangement of this sort, I will be prepared to have Conley on his way to the Grand Jury room. There will be no delay. It is irregular, of course, but I am perfectly willing to waive that phase of the matter. The fact that Frank already is indicted makes it unnecessary for Conley to be called before the Grand Jury to give testimony against him.”

Chief Lanford, referring to the effort to remove Conley from the station house to the jail, said that he would hold the negro at police headquarters until there was a court order to the contrary. He said that if Solicitor Dorsey’s petition was successful and Conley was freed from the present court order, that he would still be held at the station as a material witness. Continue Reading →

Court’s Order May Result in Meeting of Negro and Frank

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

Atlanta Journal

Thursday, June 12th, 1913

Jim Conley, Negro Sweeper, Accusing Witness in Phagan Case, Sure to Appear Before Judge Roan Friday A. M.

STATE MAY DEMAND THAT FRANK APPEAR THERE TOO

Through Judge’s Order, Defense Gets Chance to Quiz Negro—State Then May Force Long-Sought Meeting

The probability that Leo M. Frank, accused of the murder of Mary Phagan, and Jim Conley, negro witness against him, may face each other Friday, developed Thursday morning from the acute situation which arose Wednesday when Judge L. S. Roan issued a rule niel calling on any one to show cause why the negro Conley should not be released from the custody of the state. Solicitor Dorsey seeks the negro’s release so as to avert the judge’s expressed intention of remanding Conley to the county jail, but the solicitor does not seek the negro’s liberty, nor does Conley want to get out of the hands of the police, nor does Conley’s attorney, W. M. Smith want him liberated.

The rather puzzling matter assumed this shape Thursday morning.

NEGRO SURE TO BE THERE.

Conley, the negro, who says he does not want to go free, but who declares he is afraid to go back to the tower, is certain to be called into the hearing before Judge Roan at 10 o’clock Friday on the rule nisi.

The solicitor wants him there, it is expected, to prove alleged intimidation and threats against Conley on a former occasion when for one night immediately following his confession the negro was confined in the Fulton county tower.

And the attorneys defending Frank want him there, it is expected with equal confidence, to learn from him all that he knows or claims to know about the case, which is precisely the thing that the solicitor’s fight is aimed entirely to avoid. The Frank defense has published statements alleging that the negro himself is the principal in the murder and that he alone is guilty.

Therefore, with Conley in chambers before the judge, Solicitor Dorsey can, it is said, have Leo M. Frank brought there, because Frank is the first among those addressed by Judge Roan in the rule nisi and the solicitor can find legal precedent for demanding that Frank speak his own accusations against the negro on that occasion.

Which would bring about the situation that the state and its officers constantly have been seeking to create when Conley first admitted that he wrote the notes found beside Mary Phagan’s dead body, i. e., a face to face meeting between the negro and the man whom he accuses of the murder. Continue Reading →

Police Hold Conley By Court’s Order

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

Atlanta Georgian

Wednesday, June 11th, 1913

Judge Roan Gives Suspect Chance to Show Why He Should Not Be Released.

The Phagan case took a queer turn Wednesday afternoon when Judge Roan, apparently stirred by Luther Z. Rosser’s ar[r]aignment of the way Jim Conley has been “petted” by the police, issued notice to suspects in the mystery that they will be given opportunity Friday to show cause why the negro should not be released from custody as a suspect.

However, the move is strictly legal in character, Conley, through his attorney, W. M. Smith, having signed a written statement to stay in the custody of the police as a principal witness if previous orders are vacated and he is legally freed as a suspect.

Agrees to Remain.

Judge Roan informed Solicitor General Hugh M. Dorsey that he wanted to withdraw his previous order committing Conley to the police station so that the negro’s status could be definitely fixed and so that he could perhaps be sent back to the county jail. Both Conley and his attorney announced that the prisoner wanted to stay at police headquarters.

Smith also came forward with the agreement that Conley would remain in custody of the chief of police.

Sensations Ahead.

Judge Roan then issued what is known as a rule nial, informing Frank, Gordon Bailey, an elevator boy, and Newt Lee, the negro night watchman, that they could be given a chance Friday to show why Conley should not be released.

Sensational developments may follow Friday if the Frank defense is allowed to present facts against Conley for Attorney Rosser is firmly convinced that the negro is the guilty man and has so announced.

Whether the negro shall be indicted as an accessory after or to the fact, or be continued to be held as a witness, will then be determined.

Napier Analyzes The Phagan Case.

The Georgian publishes the following letter written by George M. Napier, the well-known lawyer, on the Phagan case, as it gives for the first time a legal analysis of the case for and against Frank: Continue Reading →

Conley’s Status in Phagan Case May Be Changed Wednesday

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

The Atlanta Journal

June 11, 1913

Petition Will Be Presented to Judge Roan by Solicitor Dorsey but Its Nature Is Not Made Known

ROSSER’S CARD CAUSES ACTIVITY BEHIND SCENES

Negro May Be Put Back in the Tower – Solicitor Dorsey Says: “I Am Trying to Run State’s Case Myself”

The report became current Wednesday afternoon shortly after 3 o’clock that the new development in the Phagan case would be a withdrawal by the state of its petition in court whereunder James Conley, the negro, is held as a material witness.

Shortly before 3 o’clock, William Smith, attorney for the negro, and Solicitor Dorsey appeared at the court house together, for this purpose, it was said.

Attorney Smith does not want the negro confined in the Fulton county jail, where he declares he was menaced during the one night that he spent there after his affidavit became public. There has been no insistence from Attorney Smith. It is said, that any damage whatever be made in the status of the negro.

As the result of the clash between the prosecution and the defense of Leo M. Frank, over James Conely, it is expected that the negro’s legal status will be changed in some way, probably Wednesday afternoon.

It is also barely possible that Conley will be indicted Thursday by the grand jury as an accessory after the fact of Mary Phagan’s murder, but this is not considered probable.

Conley is now at police headquarters, held by authority of an order from Judge L. S. Roan, of the criminal division of the superior court. Conley is held as a material witness in the case against Frank.

The negro sweeper was transferred soon after he made his sensational confession, charging Frank with being the principal in the Phagan murder, from police headquarters to the Tower, where he remained about twenty-four hours.

Then he was transferred again, on a superior court order, to police headquarters, his attorney, William M. Smith, consenting to the move.

The obvious reason for the transfer was to prevent the negro’s talking to interviewers, who are allowed into the jail if the prisoner has no objection to talking to them.

At police headquarters only the detective and sometimes the prisoners lawyer, is allowed to see him.

Conley’s attorney, William M. Smith, stated Wednesday that he would prefer for the negro to be incerated at police headquarters rather than at the tower. Continue Reading →

Lanford Silent on Rosser’s Card

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

The Atlanta Constitution

June 11, 1913

Detective Chief Says He Has No Reply to Make to the Charges of Counsel for Leo M. Frank.

Following the public letter written yesterday by Luther Z. Rosser, counsel for Leo Frank, Detective Chief Newport Lanford said that he had no reply to make to the charges and that hereafter he intended to adopt a policy of silence.

The chief smiled frequently while reading the attorney’s statement, but be positively declined to comment on it.

“Henceforth,” he stated briefly, “It will be the attitude of the detective department to avoid publicity. It should have been done heretofore.”

Lanford declared that Rosser’s card is only an attempt to draw the detective chief into a newspaper controversy, which he intended to avert.

“It is all a scheme—nothing else,” he said, “and I do not propose to be made a victim.”

The statement of Frank’s counsel is a scathing arraignment of Chief Lanford and his department for alleged efforts to prove guilty a white man, against whom prejudice had been created, through the “lying” stories of a negro, against whom all “legitimate” suspicion already was directed.

It follows: Continue Reading →

Luther Z. Rosser, Attorney for Frank, Trains His Guns on City Detective Chief

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

The Atlanta Journal

Tuesday, June 10, 1913

SAYS CHIEF LANFORD IS NOT SEEKING FOR TRUTH OF MURDER

He Charges That the Detective Chief Has Banked His Sense and Reputation on Proving Frank Guilty

“WHY HASN’T CONLEY BEEN BEFORE JURY?”

Attorney Declares Evidence All Points to Negro—Says Felder-Lanford Controversy Unfair to His Client

Luther Z. Rosser, chief counsel for Leo M. Frank, the pencil factory superintendent, who is under indictment for the murder of Mary Phagan, Tuesday afternoon broke his persistent silence regarding the case and gave out a statement for publication.

Mr. Rosser gives as a reason for this statement the fact that Thomas B. Felder has publicly charged Detective Chief Lanford with trying to shield Frank and that the detective chief has in turn publicly accused Felder with having been employed in the interest of Frank.

The accuracy of both charges is denied. Mr. Rosser asserts that Chief Lanford has “banked his sense and reputation as both a man and politician on Frank’s guilt,” and that if he had been seeking the murderer of Mary Phagan with an open mind and not seeking to vindicate his announced opinion of Frank’s guilt, the negro Conley would have already told the whole truth.

Mr. Rosser declares that both the actions and statements of the negro Conley bear the marks of guilt. He states that in making his revelations concerning the murder, Conley is handicapped by Lanford’s opinion.

Mr. Rosser inquires why it was the detectives did not present Conley as a witness before the coroner’s jury and why they now prevent him from telling his story to the grand jury, which he says should determine whether the negro should be indicted, and if so on what count.

MR. ROSSER’S STATEMENT.

Following is Mr. Rosser’s statement in full: Continue Reading →

Eyewitness to Phagan Slaying Sought

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

Atlanta Georgian

Tuesday, June 10th, 1913

Story That Companion of Conley Saw Him Strike Down Girl Opens New Clews.

Jim Conley, whose sensational story has made him an accessory after the fact in the murder of Mary Phagan, is sticking closely to the details he unfolded in his remarkable affidavit, according to his attorney, William M. Smith.

Mr. Smith said Tuesday morning that Conley has varied in no essential particular from the original tale of his part in the disposal of the body of the strangled girl, under the direction of Leo Frank. To Mr. Smith and others who have interviewed the negro in the last few days he has begun at the moment when he says he saw the little form lying limp and inert at the rear of the second floor, until he declares he wrote the mysterious notes at Frank’s dictation in the National Pencil factory office.

In all his story there has been practically no conflict or contradiction with the affidavit to which he swore before the detectives after a half day’s grilling. Mr. Smith said he believed his client was telling the whole truth.

Actual Witness Sought.

Despite the unshakable story of Conley, as he told it after making previous statements admittedly lies, a rumor has been in persistent circulation since last week that the detectives were seeking an actual witness to the crime. It is said such a person exists, and that he is a negro who shot craps with Conley in the basement of the factory on the day of the murder. Continue Reading →

Leo Frank Reported Ready for His Trial

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

Atlanta Constitution

Tuesday, June 10, 1913

Many Witnesses Are Being Examined Every Day by Attorneys for the Defense

That counsel for Leo Frank is ready for trial was freely reported over the city Monday.

Attorney Luther Z. Rosser, his lawyer, when asked regarding this report, gave the reply that has been characteristic of his attitude during the Phagan case.

“I have nothing to say.” He would in nowise commit himself.

It is understood, however, that Mr. Rosser has informed friends that the defense is ready and that there will be no delay in putting it before the jury, which is to try the pencil factory superintendent. In fact, it is stated Frank’s counsel is desirous of an early trial.

Many witnesses are being examined daily by Frank’s attorneys. Pencil plant employees and character witnesses by scores will assist his counsel. Secrecy is thrown around the nature of all testimony.

Chief Lanford said Monday that he had finished examining Jim Conley, the negro sweeper, and that unless the prisoner called for detectives to make further voluntary admissions, he would not again be questioned.

Detectives Harry Scott and John Black spent the early part of last night searching for the victim’s mesh bag. After hours of hunting on the premises of the pencil plant, they were unable to discover a clew. The bag is wanted to examine the finger prints on it.

* * *

Atlanta Constitution, June 10th 1913, “Leo Frank Reported Ready for His Trial,” Leo Frank case newspaper article series (Original PDF)

Defense to Make Next Move in Phagan Case

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

Atlanta Journal

Monday, June 9th, 1913

Apparently Prosecuting Officials Consider Their Investigation Complete

Chief of Detectives Lanford has announced that Jim Conley, the negro sweeper, who is the state’s principal witness in the case against Leo M. Frank, indicted for the murder of Mary Phagan, will not be cross-examined again unless he voluntarily sends for the officers to make a statement.

It is known that no developments have changed the theory of the prosecuting authorities, and it is apparent from the remark of Chief Lanford and other statements that the officials consider the investigation of the Phagan murder as complete, and are now waiting for the big legal fight to be staged before Judge L. S. Roan probably on Monday, June 30.

With the state “resting on its oars,” it is naturally expected that the next move, if there is to be one, will come from the defense of Mr. Frank.

To forecast any “move” which may be made by the defense before the case actually comes before the court, is a difficult proposition since Luther Z. Rosser, the leading counsel, continues silent.

It is known that friends of the accused man have been actively at work in his behalf, but what they have developed remains a matter for conjectures.

Frank spent a quiet day in the tower Sunday and was visited by his wife and quite a number of the friends, who are standing by him in his trouble.

R. P. Barrett, one of the foreman at the National Pencil factory, and the man who found the strands of hair on the lathe in the metal room, has issued a statement giving his reason for sharing the opinion of practically all of the pencil factory employees, that the negro Conley is guilty of the crime with which the factory superintendent is charged.

* * *

Atlanta Journal, June 9th 1913, “Defense to Make Next Move in Phagan Case,” Leo Frank case newspaper article series (Original PDF)

Foreman Tells Why He Holds Conley Guilty

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

Atlanta Georgian

Monday, June 9th, 1913

R. P. Barrett, in Letter to Georgian, Gives Reasons for Suspecting Negro of Crime.

R. P. Barrett, foreman of the metal department at the National Pencil Factory, in a letter to The Georgian Monday, gives his reasons for believing that Jim Conley, negro sweeper at the plant, attacked and strangled Mary Phagan.

It was Barrett who found the strands of hair on the lathing machine in his department. This is supposed to be where the girl was thrown against the machine in her struggles.

Later Barrett testified positively that the blood stains in the second floor were not there before the crime. He is certain that the girl was attacked on the second floor and just as certain that Conley, not Frank was the slayer.

The letter reads: Continue Reading →

Fair Play Alone Can Find Truth in Phagan Puzzle, Declares Old Reporter

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

Atlanta Georgian

Sunday, June 8th, 1913

Average Atlantan Believes Frank is Guilty, but That Little Real Evidence Has Yet Pointed to Him as Slayer.

Stirring Defense by Wife and Attack on Solicitor Dorsey Are Two Striking Features of Week’s Progress in Case.

by AN OLD POLICE REPORTER.

I have thought a good deal during the past week about a fine young newspaper man I used to know some fifteen years ago, and particularly of the last thing he said to me before he died.

He was a Georgian, too. We had been college mates and fraternity mates, and all that sort of thing.

After we graduated, he plunged into newspaper work, and I studied law. I practiced—to a limited extent—that honorable profession for some four years, but abandoned it eventually for newspaper work, and when I plunged in also, I asked him how about it.

This is what he said: “There is only one thing about it. Work fast, get your facts straight, beat ‘em if you can—but don’t go off half-cocked. Don’t get yourself where you have to take back things—but don’t be afraid to take ‘em back, if necessary—and be fair. The Golden Rule is, ‘BE FAIR!’ Unless you are fair, you will not respect yourself, and nobody else will respect you!”

Phagan Case Shows People Are Fair.

I find that most people ARE fair. I believe there is in the hearts of nine people in every ten one meets a desire to see his fellow-man get “a square deal.” And I believe it more nowadays than I ever believed it before, for the progress of the Phagan investigation has reaffirmed my faith in my fellow-man.

The Atlanta Georgian was the first newspaper to give pause to the riot of passion, misunderstanding, misinformation and rank prejudice primarily set in motion by the slaying of little Mary Phagan. Continue Reading →

Defense Bends Efforts to Prove Conley Slayer

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

Atlanta Georgian

Saturday, June 7th, 1913

The defense of Leo Frank against the charge of murdering Mary Phagan will be more than a mere attempt to clear Frank’s skirts. It will seek directly to fix upon James Conley, negro, full and complete responsibility for the crime.

Despite the secretiveness and the silence of Frank’s attorneys, it has been ascertained with a reasonable degree of authority that the foregoing is the program of the defense, and that the defense believes itself abundantly prepared to take care of itself along that line.

An ironclad alibi, covering all the time cited in the Conley statement with a substantial margin of time to spare, will be set up by Frank.

In addition to this, it will be shown that Conley was in the factory at the time he himself says Frank committed the murder, and for a long time before.

The defense will try to show that Conley had ample opportunity to accomplish the murder, and that every circumstance of it shows that he did do so. Continue Reading →

Current in Effect on Day of Tragedy

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

Atlanta Constitution

Saturday, June 7th, 1913

Report That Elevator in Pencil Factory Was Not Running Proves Groundless.

Following a widely-prevalent rumor that Leo Frank’s defense will strive to prove that the current was shut off from the pencil factory plant on the day Mary Phagan was slain, and that, for this reason, James Conley could not have lowered the girl’s body to the basement on the electrically-driven elevator as he claims in his confession, it was established conclusively last night that the Georgia Railway and Power company’s electric service was in effect on the tragedy day.

This statement was made to a Constitution reporter by S. Arthur Redding, general superintendent of the department of electricity of the local power concern. Mr. Redding investigated his reports of the murder date to ascertain whether or not the power was running into the pencil factory building on April 26, revealing that the service was effective.

A rumor was circulated Friday that an affidavit had been secured by the defense to the effect that the current was shut off from the entire building on the day of the murder. Luther Z. Rosser, Frank’s attorney, declared to a reporter for The Constitution that he knew nothing of such a document’s existence. He would not deny, however, that an affidavit of that nature had been obtained. He only said that word of its existence was “news to him.” Continue Reading →

“Torture Chamber” Methods Charged in Getting Evidence

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

Atlanta Journal

Saturday, June 7th, 1913

In Card to The Journal, Wife of Factory Superintendent Declares Solicitor Dorsey Has Approved Third Degree

“WE ARE SUFFERING NOW, BUT WHO WILL BE NEXT?”

Her Statement in Full—Conley Will Not Be Indicted as Accessory, but if Frank is Acquitted, He Will Be Tried

Mrs. Leo M. Frank, wife of the indicted pencil factory superintendent, Saturday afternoon sent The Journal a second statement in which she renews her charge that Solicitor General Hugh M. Dorsey and the city detectives are obtaining evidence in the Phagan murder case by torturing witnesses into giving testimony.

Mrs. Frank’s statement is given out in reply to one issued Thursday afternoon by the solicitor. She declares that her negro cook, Minola McKnight, was arrested in violation of the criminal laws, because there was no charge against her and she was suspected of no crime.

“I do not wish to be in any manner bitter towards Mr. Dorsey, even in my feelings,” declares Mr[s]. Frank, “because it is [m]os[t] perfectly clear that his action is dictated by a serious mistake of judgment, and my only purpose is to let the community understand as thoroughly as I can, in the interest of fairness to my innocent husband, that Mr. Dorsey is proposing to use third degree torture chamber testimony in an effort to take his life and that he thinks it is perfectly proper for him to do so.”

MRS. FRANK’S STATEMENT.

Following is Mrs. Frank’s statement: Continue Reading →

Defense Digs Deep to Show Conley is Phagan Girl Slayer

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

Atlanta Georgian

Saturday, June 7th, 1913

Getting New Evidence to Show Negro Was Located in Factory—Theory Explains Mystery of Staple Pulled From Back Door of Basement.

The defense of Leo Frank against the charge of murdering Mary Phagan will be more than a mere attempt to clear Frank’s skirts of the crime. It will seek directly to fix upon James Conley, negro, full and complete responsibility for the crime.

Despite the secretiveness and the silence of Frank’s attorneys, it has been ascertained with a reasonable degree of authority that the foregoing is the program of the defense, and that the defense believes itself abundantly prepared to take care of itself along that line.

An ironclad alibi, covering all the time cited in the Conley statement with a substantial margin of time to spare, will be set up by Frank.

In addition to this, it will be shown that Conley was in the factory at the time he himself says Frank committed the murder, and for a long time before. Continue Reading →

Report Negro Found Who Saw Phagan Attack

report_negro

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

Atlanta Georgian

Friday, June 6th, 1913

St. Louis, June 6.—That a negro, who is alleged to have said he witnessed the murder of Mary Phagan in Atlanta, is under arrest in Cairo, Ill., and is about to be returned to Atlanta by a Pinkerton detective, was the information brought into St. Louis today by a passenger who declared he overheard a conversation betwene [sic] the detective and an attorney in the case who were on the train en route to Cairo.

According to the passenger, the negro has admitted that he was in Atlanta with a show at the time of the murder, and was shooting craps in the basement of the National Pencil Factory with a negro watchman when the watchman told him that he would attack the Phagan girl, which was done in his presence.

Inquiry at Cairo failed to-day to verify the report of the arrest of the negro.

Strenuous denials of any knowledge of the mysterious affidavit reported to have been made by Jim Conley, in which he was said to have confessed to A. S. Colyar that he murdered Mary Phagan, was made to Chief of Detectives Lanford Friday by both men.

Conley, on the grill, declared that he had never heard of Colyar until he read his name in the newspapers in connection with the pictograph controversy. The negro said he had never either talked with him or seen him, and that he had at no time made an affidavit other than the ones given to the police.

Colyar made a similar denial. Following the examination, Lanford declared that the whole report was wholly without foundation. He also stated that Conley had reiterated the truth of his former affidavit and that there was nothing further to add to it.

“I attribute this report to Colonel Felder’s work,” said the chief. “It merely shows again that Felder is in league with the defense of Frank; that the attorney is trying to muddy the waters of this investigation to shield Frank and throw the blame on another. Continue Reading →

Conley Sticks to His Story; Declares Detective Chief

conley_sticks_to

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

Atlanta Journal

Friday, June 6th 1913

Report of a Confession, Different From One Given to the Detectives, Is Ridiculed by Chief Lanford

DORSEY MAKES REPLY TO MRS. L. M. FRANK

No More News of Phagan Case to Be Given to Newspapers Except Through Head of Detectives

Chief of Detectives Newport A. Lanford gave out a statement Friday morning in which he characterized as absurd the rumor that James Conley, the negro pencil factory sweeper, had ever made any confessions other than those contained in the affidavits given the detectives.

The chief stated that he had questioned Conley on this subject both Thursday evening and Friday morning and that the negro had positively denied that he had made any other confessions.

This rumor is said to have originated at the court house Thursday following certain questions which the members of the grand jury are said to have put to A. S. Colyar, a witness. Colyar is said to have been asked if he had at any time drafted or had in his possession an affidavit of confession from Conley.

Colyar emphatically denied that he had ever discussed such an affidavit with any one. The only information he had of Conley’s confessions, said Colyar, he had obtained from the newspapers.

Chief Lanford says that he talked with Colyar over the telephone Friday morning and that he denied ever having or claiming to have such an affidavit, much less offering one for sale. “He also told me,” said the chief, “that he had never talked with Conley in his life and stated that he had only seen the negro once and that was when he happened to glance in the door of my office when we were questioning Conley.

“Last night Conley was brought up to my office and I asked him if he had ever intimated to anybody that he knew anything about the murder of Mary Phagan before he confessed to us. He stated that he had not. This morning he said he had never seen nor heard of Colyar.” Continue Reading →

New Conley Confession Reported to Jury

George Gentry, operator of the dictograph, alleged to have trapped Colonel T. B. Felder and Mayor Woodward. Gentry now is missing.

George Gentry, operator of the dictograph, alleged to have trapped Colonel T. B. Felder and Mayor Woodward. Gentry now is missing.

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

Atlanta Georgian

Thursday, June 5th, 1913

Probers Question Colyar and Febuary About Alleged Admissions by Negro.

Chief Lanford, in discussing the near-fight between himself and Attorney Felder in Solicitor Dorsey’s office Thursday morning, characterized his opponent as all bluff.

“Felder is a coward and void of all truth,” declared Chief Lanford. “If I had been left with him alone for one minute I would have showed the rascal up. I wouldn’t have cared if he had a dozen pistols. Felder hasn’t the nerve to pull the trigger anyway.

“I would have taken a thirty-day suspension just to have given Felder what he deserves. Felder knows that I meant to do it, too, and he did not rise out of his chair to face me until he saw that there were plenty of men about to prevent a conflict.”

It became known this afternoon that the Grand Jury Thursday had investigated a sensational story that A. S. Colyar, the dictograph man, had been trying to dispose of what purported to be a confession from James Conley, negro sweeper, that he had killed Mary Phagan in the National Pencil factory.

The Grand Jury was told that such a document had been displayed to various persons and that Colyar had offered it to W. C. Tobie, the Burns man who worked on the case some time.

Colyar was summoned before the jury. G. C. Febuary, secretary to Chief Lanford, was also summoned because the Grand Jury had heard that he took down the alleged confession. Both Colyar and Febuary denied the existence of such an affidavit. Febuary, questioned very closely, said that every affidavit made by Conley and taken down by him had been made public and that in none of them did Conley confess to the killing.

Jury Probes Vice Reports.

In an atmosphere pregnant with excitement and at times so threatening that Solicitor General Dorsey was forced to appoint a deputy sheriff to preserve peace in his office, the Fulton County Grand Jury continued, its investigation of vice conditions in Atlanta Thursday morning.

Gathered in the ante-room to where the hearing is being conducted were the leaders of the opposing factions, Colonel Thomas B. Felder, for the one side, and Chief of Detectives Newport Lanford, Police Chief Beavers, A. S. Colyar and G. C. Febuary, for the other. Sympathizers with each were present, crowding the offices and adding to the general uneasiness that prevailed.

The first sensation of the morning occurred with the rearrest of Colyar on request of the Chief of Police of Knoxville, Tenn. Colyar was taken into custody by Deputy Sheriff Plen[n]ie Miner when he appeared, at the Thrower Building to testify before the Grand Jury. Continue Reading →