Tag Archives: Jim Conley

Chiefs Will Probe Removal of Conley

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Atlanta Constitution
July 25th, 1913

Negro Was Taken to Tower Without Knowledge of Beavers or Lanford.

Action is likely to be taken against Detective John Starnes and Pat Campbell, who Wednesday afternoon carried Jim Conley, the negro in the Phagan case, from police headquarters to the Tower without permission of either Chief Beavers or Chief Lanford.

When asked by a Constitution reporter Thursday afternoon what steps he would probably take against the detectives, Chief Beavers declined to talk. He inferred, however, that an investigation would likely result and that action would be taken.

Conley was taken from the station house prison shortly before noon Wednesday without the knowledge, it is said, of even Desk Sergeant Arch Holcombe. He was taken to the Tower for a four-hour examination in the cell of Newt Lee, which examination was promoted by Solicitor General Dorsey and his associate, Frank Hooper.

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Conley and Lee Meet in Tower

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Atlanta Constitution
July 24th, 1913

For First Time Since Mary Phagan Was Killed Two Negroes Are Brought Face to Face.

James Conley, a sweeper at the National Pencil factory, and Newt Lee, night watchman, who carried the police to where Mary Phagan’s body lay on the morning of April 27, were brought face to face yesterday afternoon in the tower by Solicitor Hugh M. Dorsey and Frank A. Hooper, an attorney who is aiding the solicitor.

J. M. Gantt was taken there by the attorneys, as he knew Conley while both were working for the pencil factory. Attorney Hooper stated after that nothing of importance was gained by the meeting of the ntwo negroes, except that Conley declared at the meeting that Lee had nothing to do with the crime.

The negroes were questioned together for about two hours, and then Conley was taken back to police station. The entire story of each one was gone over thoroughly by the attorneys, who wished to see if they would stick to what they told at first.

Frank and State Ready.

The state, through Solicitor General Hugh M. Dorsey, has declared its readiness to go on with the trial of Leo M. Frank, charged with the murder of Mary Phagan, on next Monday, the date set by Judge L. S. Roan, and as Frank himself asserted to Sheriff C. W. Mangum in the Tower yesterday that he was ready and anxious for the trial to proceed, it appears that no postponement will be asked.

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Third Chapter in Phagan Mystery

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Atlanta Georgian
July 24th, 1913

Arrests of Suspects in the Factory Slaying. Sensation as Leo Frank, Manager Was Taken Into Custody.

CHAPTER III.

Everything that occurred, trivial or important, during those first few days after the body of little Mary Phagan was discovered in the pencil factory basement took on a dramatic aspect. The people were keyed to so high a pitch by the revolting crime that for for a time it seemed to require only a spark to fire them to violent deeds.

Let a strange person so much as appear at the police station to confer with Chief of Detectives Lanford and wild rumors spread about the whole city like magic. Let one of the detectives drop a careless remark and in a flash everyone mysteriously understood that a complete confession had been made to the police by the murderer.

So it was a sinister reception that the first catch in the detectives’ dragnet received from the group of angry men when he was hurried to police headquarters Sunday night of the day after the factory girl had been slain.

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Veneir [sic] is Drawn to Try Leo M. Frank Monday

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Atlanta Georgian
July 24th, 1913

JUDGE ANNOUNCES HE IS READY TO TRY CASE; 144 MEN EMPANELLED

Says He Has Not Even Been Asked for Postponement, and Sees No Reason Why Trial Should Not Begin On Date Fixed.

Jim Conley, the negro sweeper of the National Pencil Factory, was taken from the police station late Thursday afternoon by Detectives Starnes and Campbell to verify certain of his statements and to point out certain witnesses, who, he told the detectives, would be able to refute the affidavit of W. H. Mincey by showing that he was not at the point where Mincey swears the negro confessed he “had killed a girl” on the afternoon of the murder. The detectives would not divulge the location of the places to be visited.

Judge L. S. Roan, home from Covington, late Thursday, declared to a Georgian reporter that he saw no reason why the trial of Leo M. Frank, accused of the murder of Mary Phagan, should not begin Monday.

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Conley is Confronted with Lee – Dorsey Grills Negroes in Same Cell at Jail

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Atlanta Georgian
July 23rd, 1913

TRACE FOUND HERE OF NEGRO SAID TO HAVE SEEN PHAGAN SLAYING

Sister of Will Green Tells Police He Slept at Home at Hour Girl Was Slain; Jim Conley, Factory Sweeer [sic] Again Grilled.

The two negro principals in the Phagan case—Newt Lee and Jim Conley—were put on the grill together in the cell of the former in the county jail by Solicitor Dorsey and his assistant, Frank G. Hooper, late Wednesday afternoon.

Present at the cross-examination were J. M. Gantt, former pencil factory employee, and Detectives Starnes and Campbell, the officers who have had charge of Conley for the past several weeks. After half an hour’s questioning Gantt left the jail. Solicitor Dorsey and the others remained and the questioning of the two negroes continued until a late hour. Conley was then taken back to police headquarters.

Here are Wednesday’s important developments in the Phagan murder mystery:

Bloodstained glove of Mary Phagan is said to have been found on the first floor near the place the discovery of her pay envelope was made.

New evidence is found tending to establish the identity of the negro, Will Green, said to have seen the attack upon Mary Phagan.

Newt Lee, negro night watchman at the pencil factory, undergoes a grilling examination at the hands of Solicitor General Dorsey and his associate counsel, Frank A. Hooper.

J. M. Gantt, expected to give sensational evidence for the prosecution at the trial, is in conference with the solicitor and present at the grilling of Lee.

Leo M. Frank tells Sheriff Mangum that he is eager for the trial to begin, and will be ready when it is called Monday morning.

Solicitor Dorsey announces that he will insist that there be no further delay.

It became known Wednesday that the defense in the Frank case had been informed that the negro, Will Green, who is said to have been shooting craps with Jim Conley the day that Mary Phagan was murdered and to have seen her attacked, and the Will Green living at 105 Thurmond street, Atlanta, are the same person.

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Story of Phagan Case by Chapters

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Atlanta Georgian
July 22nd, 1913

Slaying of Factory Girl, South’s Most Baffling Crime Mystery, Reviewed in Detail.

CHAPTER I.

Will the veil of mystery be lifted when the curtain rises next Monday on another scene in Atlanta’s darkest tragedy?

A vast audience, shocked by the horror of Mary Phagan’s fate on a Saturday of last April and held through the succeeding weeks in the thrall of the baffling crime drama, in keen suspense awaits this question’s answer.

Will Fulton County’s Solicitor General be able to point his finger at Leo M. Frank and exclaim, “That is the man who strangled Mary Phagan!” backing his damning accusation with such abundance of evidence that there can remain no shadow of doubt?

Or will Luther Rosser, certain to be a towering and masterful factor in the titanic struggle that is to be staged, unmask his strength, bring to bear the secret evidence that has been in his possession for weeks, beat down every bulwark of suspicion that the State has erected about its prisoner and, as a dramatic finale, assail the negro, Jim Conley, cowering in the witness stand, with a ranking volley of questions that will leave the negro man shaken and terrified, a confession of the crime upon his lips?

Whole State Stirred.

All of Atlanta—most of the State—is hanging with the most intense interest on the outcome.

No other crime ever stirred Georgia to its depths as has the slaying of the little factory girl.

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Will Not Indict Jim Conley Now, Jury’s Decision

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The Atlanta Journal

Monday, July 21, 1913

Solicitor Dorsey Makes Brief Announcement to This Effect After Grand Jury Session Lasting Over an Hour

NO ANONYMOUS LETTERS WANTED BY THE JURORS

Solicitor Dorsey Will Now Concentrate Efforts Against Having Frank Jury Drawing From Grand Jury List

Solicitor General Hugh M. Dorsey has for a second time blocked an attempt by members of the grand jury to indict James Conley, the negro sweeper, who confessed complicity in the Mary Phagan murder.

The grand jurymen who had called a meeting over the protest of the solicitor to consider taking up a bill against the negro listened to the prosecuting official for more than an hour Monday morning, and then authorized him to announce that the matter will not be taken up at this time.

DORSEY MAKES STATEMENT.

The solicitor wrote out his statement, which is as follows:

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Grand Jury Meets to Consider Conley Case

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The Atlanta Georgian

Monday, July 21, 1913

Protest of Solicitor Will Be Heeded

Foreman Declares Inquisitorial Body Will Not Ride “Roughshod” Over Dorsey.

With Solicitor Dorsey reaffirming his certainty that Jim Conley will not be indicted before the tral [sic] of Leo M. Frank and declaring that he will fight with all his vigor any movement in that direction, the Grand Jury members gathered in the Thrower Building Monday morning in response to the call of Foreman Beatie to decide whether they will reopen their investigation of the Phagan murder mystery.

A strong probability that no action would be taken during the day arose when it became known that there were only eighteen of the grand jurors in the city, a bare quorum. In the event that all of the eighteen did not appear, there still was the opportunity to go out and summon talesmen at random to serve on the Grand Jury, but no statement was made as to whether this legal privilege would be exercised.

No Witnesses Called.

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Alan Dershowitz’s Introduction to Dinnerstein’s The Leo Frank Case

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Dershowitz

Introduction
By Alan M. Dershowitz

The trial, conviction, death sentence and its commutation and eventual lynching of Leo Frank during the second decade of the twentieth century, constitute a major episode not only in American legal history, but also in the development of American political institutions. The Knights of Mary Phagan, formed to avenge the murder of the young factory worker for which Frank was convicted, became an important component of the twentieth century resurrection of the Ku Klux Klan. The Anti-Defamation League of B’nai Brith was founded in reaction to the anti-Semitism generated – or at least disclosed – by the Frank case.

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Protest of Solicitor Dorsey Wins

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The Atlanta Georgian

Monday, July 21, 1913

Presents Evidence Showing Indictment of Negro Would Hinder Frank Prosecution.

Here are the important developments of Monday in the Phagan case:

The decision of the Grand Jury of Fulton County not to bring at this time an indictment against James Conley.

The information that there is a strong probability of another postponement of the trial of Leo M. Frank.

The Grand Jury’s refusal to reopen its investigation of the Phagan murder mystery was a decided victory for the Solicitor after that body had overridden his request that no session be called to take up the matter in any of its aspects.

A report that Judge L.S. Roan, who will preside at the Frank trial, had signified his desire that the case be put off until fall, gave rise to the expectation that another postponement will take place, and that the date probably will be set for some week in September.

Defense Said To Be Willing.

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Dorsey Is Seeking to Be Grand Jury And Solicitor Too, Say Frank’s Counsel

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The Atlanta Journal

Sunday, July 20, 1913

SOLICITOR SCORED FOR HIS ATTITUDE IN CONLEY’S CASE

Rosser and Arnold Charge Dorsey Seeks to Convict Frank, Guilty or Innocent, Out of Professional Pride

“SHUTTING EYES TO TRUTH, DORSEY PROTECTS NEGRO”

Attorneys Intimate That Dorsey Fears to Let Truth Be Known – Attitude Throughout Case Is Criticised

The attitude of Solicitor General Hugh M. Dorsey throughout the Phagan investigation, and especially in his attempt to block a grand jury indictment of Jim Conley, is scored in an interview made public by Luther Z. Rosser and Reuben R. Arnold, counsel for Leo M. Frank.

“The solicitor is seeking to convict Frank innocent or guilty, in order to gratify his professional pride,” Frank’s attorneys say.

In the course of the intetrview [sic] the two famous attorneys, who have been engaged to defend the man accused of the murder of Mary Phagan, charge that the solicitor is protecting the negro Conley.

Mr. Dorsey is severely criticised not only for his avowed intention of trying to block the indictment of Conley by the grand jury Monday, but because he prevented the last grand jury, the one, which indicted Frank, from acting on Conley’s case, and because he did not place before the last grand jury any of Conley[‘s] confessions.

Solicitor Dorsey is geeting [sic] his legal and constitutional functions in seeking to control the action of the grand judy [sic],” Attorneys Rosser and Arnold declare.

Despite the criticism of his attitude, there is little doubt that Solicitor Dorsey will be present Monday, when the grand jury takes up the consideration of the Conley case. In fact the solicitor’s presence has been requested by W.D. Beattie, the foreman of the grand jury, who called the meeting.

Solicitor Dorsey is still confident that the grand jury will not indict Conley.

There is little doubt that there will be a quorum present, when the grand jury meeting is called Monday, for Deputy Sheriff Plennie Minor has found that  19 of the 20 grand jurors empanneled [sic] are in the city, and they have promised to be present Monday. It takes 18 grand jurors to act on a bill of indictment. The statement of Mr. Rosser and Mr. Arnold, scoring the solicitor is as follows:

STATEMENT IN FULL.

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Dorsey Fights Movement to Indict Conley

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The Atlanta Georgian

Sunday, July 20, 1913

Solicitor Is Bombarded With Letters to Proceed Against Negro as Slayer of Mary Phagan.

THE GRAND JURY IS CALLED

Hottest Battle of Famous Case To Be Waged Behind Closed Doors of Inquisitory Body.

Solicitor Dorsey is fighting vigorously the movement in the Grand Jury to indict Jim Conley Monday for the murder of Mary Phagan, despite the bambardment [sic] of letters from many citizens and by the sentiment of some of its own members.

It is for the consideration of these letters and petitions, asking the reopening of the Phagan matter, that the meeting has been called.

It was in the face of Solicitor Dorsey’s bitterest opposition that the meeting was called at all. Foreman Beattie issued his defi [sic] after a previous Grand Jury had been defeated in its efforts to reopen the case with a view of indicting Jim Conley and after Dorsey explicitly had expressed his strongest disapproval of such a move.

Crucial Battle Coming.

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Attorney for Conley Makes a Statement

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The Atlanta Georgian

Sunday, July 20, 1913

“Not Necessary to Indict Negro to Close His Mouth,” Declares William Smith.

William M. Smith, attorney for Jim Conley, the negro now being held as a material witness in the Phagan murder case and whose indictment for complicity in the crime will be considered by the Grand Jury Monday, brought to the office of The Sunday American Saturday night a statement in behalf of his client.

In a letter accompanying the statement, Mr. Smith conveyed a doubt as to whether this newspaper would print what he had to say.

The attorney’s statement in full follows:

The Grand Jury list published showed the names of some men whom I know, and know they are on the square, and, if they once understand the real situation, there will be a bear fight before Jim Conley is indicted at this time.

Of course it would be great work, if the State could be forced to so indict Conley as to make his testimony legally inadmissible against Frank. What a beautiful technical advantage for the Grand Jury to work to close Conley’s mouth against Frank.

Code of Georgia, section 1035: “Confessions of conspirators. The confession of one joint offender or conspirator, made after the enterprise is ended, is admissible only against himself.”

How long would the good people of this county stand for such legal jugglery to save a brutal murderer from the gallows? It is right that both men shall talk. The Grand Jury can name Conley as a joint offender or conspirator, they can give him a “legal status,” which we have heard so much howl about for the last few days, and save Frank from the embarrassment of having to face Conley, even when he is tried. The Grand Jury may know more about what is legally proper to do in this matter than the men who have been playing this game for a living for years, but they had better move slow. We have been studying the principles underlying this fight for months, and they are fresh hands, just on the job for a few days.

It is not necessary to indict Conley to close his mouth. I can close it and help Frank to go free, and then Mr. Mincey and others of his type can be run off by the friends of Mr. Frank, and be inaccessible as witnesses when Conley is tried, and then Conley can go free. This could be done, but it won’t be. Unless they get me fired from my representation of Conley, and unless the Grand Jury fixes his “legal status” so he can’t swear, Conley will answer the roll call as a witness and tell the whole truth as he knows it. It is evident that a trade whereby Conley would close his mouth would be advantageous to both. With Mr. Mincey and others non est inventus, as I imagine they will be if they are not held after swearing, by some process, Conley could not possibly be convicted of murdering the girl himself, and with Frank free Conley could not even be indicted and punished as an accessory after the fact. Such a trade might even be made interesting to Conley’s lawyer, from a financial viewpoint. In fact, everybody but society and the administration of justice would be helped.

We are not looking for trades. Let everybody tell the whole truth, as they see it, and then let justice take its full course, unhampered by ringers or other influences, permeating either the grand or petit juries of this county. When this is done, the fiendish murder of Mary Phagan will be avenged and the civic conscience of our good people satisfied.

WILLIAM M. SMITH.

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The Atlanta Georgian, July 20th 1913, “Attorney for Conley Makes a Statement,” Leo Frank case newspaper article series (Original PDF)

Mincey Ready to Tell Story to Grand Jury

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The Atlanta Georgian

Sunday, July 20, 1913

Man Who Says He Heard Negro Confess Now Is at Rising Fawn, Ga.

W.H. Mincey, the school teacher who made an affidavit declaring Jim Conley confessed to him on the afternoon of the murder of Mary Phagan that he killed a girl, will appear before the Grand Jury to repeat his startling story when that tribunal convenes Monday to consider the Phagan matter, it was reported Saturday night.

Mincey, who is now at Rising Fawn, Ga., has expressed his willingness to come to Atlanta for this purpose. His evidence, which has proved the most important of all that has come to light since Conley’s affidavit directing guilt at Frank, is considered of the greatest weight in bringing the Grand Jury to its consideration of indicting Conley.

Hugh Dorsey, Solicitor General, insisted Saturday that his every effort would be directed against the indictment of Conley.

The Solicitor will not fight in Conley’s defense except as a last resort. His chief desire is that the Grand Jury postpone action in regard to the negro until after the Frank trial.

“Conley can be indicted after the Frank trial is disposed of much more properly than at present,” said the Solicitor Saturday. “And by the delay, there will be no danger of a miscarriage of justice.”

The chief contention of the Solicitor is that with Conley indicted for the murder, and with uncertainty thus engendered, much of the force of the State’s case against Leo M. Frank will be lost. It is the insistent declaration by police, city detectives and the Solicitor’s force that a chain of direct and apparently conclusive evidence has been forged against Frank.

It is mostly for this reason that Dorsey will request the Grand Jury to keep its hands off the Conley case. The Solicitor also hinted that he holds evidence, revelation of which would prevent the Grand Jury from indicting the negro. He feels also, as he announced, that a consideration of the Phagan case at this time will bring about an indiscreet exploitation of the State’s evidence, thus revealing essential features of the prosecution’s case to the defense.

All this he will present to the Grand Jury, it is expected.

Other phases of the case discussed Saturday included the intimation that the Frank defense will ask for a trial jury drawn from the Grand Jury box, and not from the petit jury box. The legality of this procedure, according to the Solicitor, is a matter of conjecture.

The Grand Jury will meet Monday at 10 o’clock, at the call of the foreman. The body has only twenty members, and by statute a quorum of eighteen is necessary to consider the indictment or exoneration of a person. The fact that a small margin thus is left for probable absence seems to strengthen the Solicitor’s forecast that no indictment will be returned against Conley at this time.

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The Atlanta Georgian, July 20th 1913, “Mincey Ready to Tell Story to Grand Jury,” Leo Frank case newspaper article series (Original PDF)

Mincey Story Declared Vital To Both Sides in Frank Case

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The Atlanta Georgian

Sunday, July 20, 1913

By AN OLD POLICE REPORTER.

The most important and interesting development of the week in the Phagan case was the Mincey affidavit, directing suspicion more surely in the direction of James Conley than ever before, if the affidavit is that of a credible witness.

If what Mincey says is true—if his evidence can be made to “stand up” in court—then he is far and away not only the most important witness yet discovered, but his testimony will serve to clear up the mysterious Phagan case in its most obscure phases.

Solicitor General Hugh Dorsey has attacked Mincey’s credibility. Naturally, he would do that.

If Mincey is worthy of belief and is speaking the truth, he has dealt the State’s case against Frank a deadly blow, from which it can not hope to recover.

If he does not speak the truth, and that can be established, it will redound fo [sic] the hurt of the defense, for it will have a bracing-up effect upon Conley’s other story.

But Who Is Mincey?

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Counsel of Frank Says Dorsey Has Sought to Hide Facts

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The Atlanta Georgian

Sunday, July 20, 1913

Attorneys Rosser and Arnold, in a Statement to the Press, Make Bitter Attack on Solicitor for His Conduct of Phagan Case.

Call Attention to Secrecy Maintained by Prosecution, and Declare Action of State’s Attorney Has Inflamed Public Opinion.

Luther Z. Rosser and Reuben R. Arnold, attorneys for Leo M. Frank, who will be tried July 29 on the charge of killing Mary Phagan, joined Saturday in a bitter attack upon the policy of Solicitor Hugh M. Dorsey, whose procedure in the case, they said, had inflamed public opinion and had placed the Solicitor far below the dignity of his office.

In a formal statement, they charged that Dorsey had ignored his constitutional and legal functions and had sought to usurp those of the Grand Jury by his attempt to block the indictment of Jim Conley by that body.

They described his action as unprecedented and dangerous in the extreme, and represented Dorsey and Conley as partners in “a harmonious concert.”

The document, which is one of the few public statements issued by the defense, is bristling with criticism of the Solicitor’s conduct throughout the investigation of the murder mystery, and charges that Dorsey has maintained his belief in Frank’s guilt apparently for no other purpose than to convict Frank.

Call Attention to Secrecy.

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Frank’s Lawyers Score Dorsey for His Stand

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The Atlanta Constitution

Sunday, July 20, 1913

Luther Rosser and Reuben Arnold Declare He Is Going Out of His Way to Dictate to the Grand Jury.

EXCEEDS PROVINCE OF SOLICITOR GENERAL

Grand Jury Will Meet at 10 O’Clock Monday Morning to Take Up Conley Case. Call Is Sent Out.

In reply to Solicitor General Hugh M. Dorsey’s statements in regard to the proposed indictment by the grand jury of James Conley, the negro who has confessed complicity in the murder of Mary Phagan, Attorneys Reuben R. Arnold and Luther Z. Rosser issued a statement Saturday afternoon in which they openly attacked the stand taken by the solicitor in protesting against the indictment of the negro.

That the solicitor is exceeding his legal functions as a state officer is one point that the lawyers defending Leo M. Frank make in their statement, and they also severely criticise the solicitor for his detective work in the Phagan murder.

The card also contains a reference to the statement made in The Constitution Saturday morning by Attorney William M. Smith, representing the negro Conley. The card of the Frank defense takes Attorney Smith to task for rushing to the aid of the solicitor.

Solicitor General Dorsey also issued a statement in which he declared that he no more believed that the grand jury, when it meets Monday, would indict James Conley than he believes that Judge J.T. Pendleton will accede to the request of Frank attorneys to draw the venire for the trial jury from the box containing names of grand jury veniremen.

Roan Out of City.

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Jury Is Determined to Consider a Bill Against Jim Conley

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The Atlanta Journal

Saturday, July 19, 1913

Protest of Solicitor Fails to Stop Session to Consider Phagan Evidence on Monday

DORSEY STILL BELIEVES JURY WON’T INDICT

Solicitor Says Frank Defense Wants Jury to Try Him Drawn From the Grand Jury List

Grand Jurors Who Will Consider Conley’s Case

This is the Fulton county grand jury which has been called to meet Monday over the protest of the solicitor to take up the case of Jim Conley, the negro sweeper at the National Pencil factory:
W.D. Beatie, foreman.
T.C. Whitner.
John S. Spalding.
W.C. Carroll, East Point.
H.B. Ferguson.
Garnet McMillan, East Point.
Edward H. Inman.
A.W. Farlinger.
M.A. Fall.
Julius M. Skinner.
Oscar Elsas.
George Bancroft.
W.H. Glenn.
S.E. McConnell.
Thomas J. Buchanan.
Sameuel A. Carson.
Eugene Oberdorfer.
A.Q. Adams.
W.O. Stamps.
W.T. Ashford.

There are only twenty citizens on the grand jury which has been called to meet Monday by Foreman W.D. Beattie to consider indicting James Conley, the negro sweeper, for the murder of Mary Phagan.

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Dorsey Resists Move to Indict Jim Conley

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The Atlanta Georgian

Saturday, July 19, 1913

GRAND JURY SPLIT BY LATEST MOVE

Public Opinion Forces Consideration of Move to Indict Conley for Phagan Slaying.

Solicitor Dorsey is fighting vigorously the movement in the Grand Jury to indict Jim Conley Monday for the murder of Mary Phagan, despite the bombardment of letters from many citizens and by the sentiment of some of its own members.

It is for the consideration of these letters and petitions, asking the reopening of the Phagan matter, that the meeting has been called. That it will result in the indictment of the negro is thought certain.

It was in the face of Solicitor Dorsey’s bitterest opposition that the meeting was called at all. Foreman Beattie issued his den [sic] after a previous Grand Jury had been defeated in its efforts to reopen the case with a view of indicting Jim Conley and after Dorsey explicitly had expressed his strongest disapproval of such a move.

Crucial Battle Coming.

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Grand Jury Meets to Indict Conley

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The Atlanta Constitution

Saturday, July 19, 1913

Call Is Issued After Solicitor General Hugh Dorsey Had Flatly Refused Request of Foreman.

A call for the Fulton grand jury to meet at 10 o’clock Monday to take steps leading to the indictment of James Conley, the negro sweeper of the National Pencil factory who accuses Leo M. Frank, its superintendent, of the Mary Phagan murder was issued yesterday by Foreman W.D. Beatie [sic] after Solicitor General Hugh M. Dorsey had flatly refused the foreman’s request to call the meeting.

The move to indict Conley is wrong and should not be made, the solicitor told the grand jury foreman when discussing the matter with him and the call which went out was over the head of the state’s legal representative in Fulton county.

Smith Attacks Action

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