Tag Archives: Judge L. S. Roan

Police Hold Conley By Court’s Order

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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 →

Lanford Tells Why Conley Was Placed in Police Station

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

Atlanta Journal

Sunday, June 1st, 1913

Chief of Detectives Gives Out Statement Relative to Transfer of Prisoner From the Tower to Headquarters

FURTHER QUESTIONING IS PLANNED BY DETECTIVES

No Arrangement Yet Made for Negro to Confront Frank—Report of Finding Girl’s Purse Proves Without Foundation

The prosecuting officials connected with the Phagan case all denied Saturday evening that the state’s theory of the murder has been changed by anything that the negro sweeper Conley has said, but the fact that the negro was transferred t police headquarters, where he can be freely examined by the detectives, seems to show that the officials are not fully satisfied with Conley’s story of the crime as it now stands.

Conley was permitted to leave the jail on an order signed by Judge L. S. Roan, of the superior court. Conley was perfectly willing to accompany the officers anywhere they desired to take him.

From the jail he was carried by Deputy Newt Garner to the solicitor’s office, and it is said that only after the solicitor had talked with the negro two hours and gone over all of the “rough places in the story” was the decision to take him to police headquarters, rather than the jail reached.

REASON FOR TRANSFER.

Two reasons are assigned by Detective Chief N. A. Lanford for the removal of Conley from the Fultin [sic] county jail back to the state cell in police headquarters, where he was imprisoned for more than three weeks.

The first, according to the chief, is that Conley requested that he be transferred back, stating in explanation or his request that he was greatly annoyed Friday night by persons who came to visit in the tower. Continue Reading →

Conley, Taken to Factory, Shows Where Girl Was Found—How They Put Body in Basement

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

Atlanta Journal

Friday, May 30th, 1913

Gruesome Part Played By Him Illustrated

In Presence of Detectives, Factory Officials and Newspaper Men, the Negro Goes Over Every Point of His Statement From the Time Frank is Alleged to Have Directed Him to the Metal Room Until Girl’s Body Was Left in the Basement

“MR. FRANK AND HIS FRIENDS HAVE FORSAKEN ME AND I DECIDED TO TELL THE WHOLE TRUTH,” HE DECLARES

He Says His Statement Is Voluntary, That He Has Not Been Browbeaten Nor Mistreated by the Detectives—Full Story of His Confession to Being an Accessory After the Fact and His Visit to the Pencil Factory—Frank Makes No Comment

Following his full confession of his part in the mysterious murder of Mary Phagan, the pretty fourteen-year-old factory girl, James Conley, the negro sweeper, was Friday afternoon taken to the National Pencil factory on South Forsyth street and there in the presence of a half dozen detectives, several newspaper men and the factory officials illustrated in detail his own and Superintendent Leo M. Frank’s movements after he was called upstairs to aid in removing the dead girl’s body.

Conley led the officers back to the extreme rear of the metal room on the second floor and into a little alleyway off to the left where he said he found the girl’s dead body after Frank let him in. He lay down on his stomach with his hands stretched by his side to show how the body was found. He said a cord was about the girl’s neck and was stretched on the floor at right angles to the body.

He said that after he saw the body he went back to where Frank was standing at the head of the stairs watching and went into a room on the left just beyond the stairs where he got a big piece of crocus-bagging; that he took this bagging back and tied the girl’s body up in it much after the fashion a washerwoman tied up her soiled clothes; that he then took the body on his right shoulder and started up toward the elevator in the front (Frank remaining at the head of the stairs and just outside the double doors  to the metal room all the while.)

Conley declared that when he had walked half way up the room the body slipped off his shoulder to the floor. (This was the place where the bloodspots were found and where it has hitherto been believed the girl was murdered.) Continue Reading →

Ready to Indict Conley as an Accomplice

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ready-to-indictAnother in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian

Thursday, May 29th, 1913

Dorsey Ready to Act if Negro Sticks to Latest Story Accusing Frank.

Solicitor General Hugh M. Dorsey announced that if Conley persisted in his story he would take steps to have him indicted as an accessory after the fact and bring him to trial on this charge.

Conley was Friday afternoon removed to the Tower, on an order signed by Judge Roan.

Conley’s startling tale came late Thursday afternoon after he had been under a merciless sweating for nearly three hours. Noting the signs of weakening, Detective Harry Scott and Chief Lanford shot question after question at him in rapid succession.

Conley hesitated and then told the men who surrounded him that he had seen Mary Phagan on the day of the crime, but that she was dead when he saw her. When it became evident that he most important disclosures of the long investigation were to be made, G. C. February, secretary to Chief Lanford, was called in and took the negro’s statement.

Sticks to Note Story.

Conley stuck to his story that Frank had him write the notes that were found by the girl’s body and the detectives believe that there can be no doubt of this now.

He said that after the notes were written Frank took his arm and led him to the body. Frank’s hand was shaking, the negro declared. Together, they raised the limp form from the floor, Conley told the detectives, and took it into the basement.

Offering no explanation of the tragedy which had occurred, Frank ordered Conley to leave the building, according to the statement. Conley explained his long silence by saying that he thought Frank had plenty of money and that he would be able to get both of them free within a short time.

Chief Lanford and Detective Scott both declared after the third degree that they were confident that the negro at last was telling the truth. If he has any further knowledge of the crime, they said they would get it out of Friday when they put him through another grilling. Continue Reading →

Conley Tells in Detail of Writing Notes on Saturday at Dictation of Mr. Frank

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

Atlanta Journal

Wednesday, May 28th, 1913

Negro Declares He Met Mr. Frank on the Street and Accompanied Him Back to the Factory, Where He Was Told to Wait and Watch—He Was Concealed in Wardrobe In Office When Voices Were Heard on Outside, It Is Claimed

NEGRO LOOKED UPON AS A TOOL NOT PRINCIPAL DECLARE DETECTIVES WHO HAVE QUESTIONED HIM

Chief Beavers Confer With Judge Roan In Reference to Taking Conley to Tower to Confront Frank but Is Told That It Is a Question for Sheriff to Decide—No Effort In This Direction Likely Until Mr. Rosser Returns to City

“Write ‘night-watchman,’” the city detectives are said to have commanded James Conley, negro sweeper at the pencil factory, in jail Wednesday.

The result is said to have been “night-wich.”

So also the note found beside the dead body of Mary Phagan spelled it.

The detectives regard this strongly corroborative of Conley’s admission that he himself wrote the notes found beside the dead girl. Conley declares that he wrote them, however, at the dictation of Leo M. Frank, superintendent of the pencil factory, under indictment for the murder. The detectives are disposed to place full credence in his story now, it is said, since he has declared that he did the writing on Saturday afternoon instead of on Friday afternoon as he first swore, and has gone into details.

A new and lengthy affidavit, going into detail in sequence throughout the day of the fatal Saturday, was sworn to by the negro in the detective headquarters Wednesday morning.

In it the negro recited as minutely as he could remember them, his actions and movements upon the day. Continue Reading →

100 Years Ago Today: The Trial of Leo Frank Begins

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Originally published by the American Mercury on the 100th anniversary of the Leo Frank trial.

Take a journey through time with the American Mercury, and experience the trial of Leo Frank (pictured, in courtroom sketch) for the murder of Mary Phagan just as it happened as revealed in contemporary accounts. The Mercury will be covering this historic trial in capsule form from now until August 26, the 100th anniversary of the rendering of the verdict.

by Bradford L. Huie

THE JEWISH ANTI-DEFAMATION LEAGUE (ADL) — in great contrast to the American Mercury and other independent media — has given hardly any publicity to the 100th anniversary of the murder of Mary Phagan and the arrest and trial of Leo Frank, despite the fact that these events eventually led to the foundation of the ADL. Probably the League is saving its PR blitz for 1915, not only because that is centenary of Leo Frank’s death by lynching (an event possibly of much greater interest to the League’s wealthy donors than the death of Mary Phagan, a mere Gentile factory girl), but also because encouraging the public to read about Frank’s trial might not be good for the ADL — it might well lead to doubts about the received narrative, which posits an obviously innocent Frank persecuted by anti-Semitic Southerners looking for a Jewish scapegoat.

For readers not familiar with the case, a good place to start is Scott Aaron’s summary of the crime, from his The Murder of Mary Phagan and the Lynching of Leo Frank, which states in part:

“ON SATURDAY morning at 11:30, April 26, 1913 Mary Phagan ate a poor girl’s lunch of bread and boiled cabbage and said goodbye to her mother for the last time. Dressed for parade-watching (for this was Confederate Memorial Day) in a lavender dress, ribbon-bedecked hat, and parasol, she left her home in hardscrabble working-class Bellwood at 11:45, and caught the streetcar for downtown Atlanta.

“Before the festivities, though, she stopped to see Superintendent Leo M. Frank at the National Pencil Company and pick up from him her $1.20 pay for the one day she had worked there during the previous week….

“Almost no one knew it at the time, but by one o’clock one young life was already over. For her there would never again be parades, or music, or kisses, or flowers, or children, or love. Mary Phagan never left the National Pencil Company alive. Abused, beaten, and strangled by a rough cord pulled so tightly that it had embedded itself deeply in her girlish neck and made her tongue protrude more than an inch from her mouth, Mary Phagan lay dead, dumped in the dirt and shavings of the pencil company basement, her once-bright eyes now sightless and still as she lay before the gaping maw of the furnace where the factory trash was burned.”

Continue Reading →

Grand Jury to Consider Phagan Case This Week

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Grand Jury to Consider Phagan Case This WeekAnother in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Journal

Sunday, May 11th, 1913

Intere[s]ts in the investigation of the mysterious murder two weeks ago of little Mary Phagan centered Saturday in the grand jury.

Two men, Leo M. Frank, superintendent of the pencil factotry [sic], where the tragedy occurred, and Newt Lee, negro night watchman, have been ordered held by a coroner’s jury, but no intimation has been given as to the time when bills against the two men will be presented to that body.

The jury is not due to hold a session until next Friday, but the solicitor general or the foreman can call the body together on a few hours’ notice.

While the solicitor will make no definite statement, it is apparent that he will not present the case to the grand jury until the latter part of this week, Thursday or Friday. However, the grand jury has been especially charged to probe the murder and it is in the power of its members to order the witnesses in the case before it at any time.

EARLIEST TRIAL MAY 19.

Owing to the unusual public interest in the cases it is possible that if the grand jury secures a true bill the trial might be set for the week of May 19, when the criminal division of the superior court, Judge L. S. Roan, presiding, next convenes.

Thomas B. Felder, the well known attorney, who has been retained by citizens in the Bellwood district, where the slain girl lived, returned Saturday morning from a week’s trip to New York and Washington. Mr. Felder made the trip to attend to professional business said to be in connection with the Phagan case.

Mr. Felder denied that he had employed William J. Burns, the famous detective, to come to Atlanta in person in an effort to solve the mystery. Continue Reading →