Tag Archives: Judge W. D. Ellis

Lee Must Remain Behind the Bars

Posted on by

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

The Atlanta Constitution

Sunday, July 13, 1913

Solicitor Dorsey Does Not Believe the Negro Guilty of Any Part in Crime.

That Solicitor General Hugh M. Dorsey does not believe that Newt Lee, negro night watchman at the National Pencil factory, who was bound over by the grand jury with Superintendent Leo M. Frank for the murder of Mary Phagan, is guilty, was the only matter of importance brought out yesterday at the hearing of the habeas corpus before Judge W.D. Ellis by which Lee’s attorneys, Graham & Chappell, sought to free him.

Judge Ellis denied the motion for habeas corpus and remanded Lee back to the custody of the sheriff to await the outcome of Frank’s trial. Attorneys L.Z. Rosser and Reuben Arnold were also successful in their fight to prevent Frank being brought into court to testify.

Solicitor Dorsey declared that he had not brought a bill against Lee before the grand jury because he believed he had no evidence which would indict Lee.

The negro’s attorneys secured from the sheriff a statement that Lee would be given more eexrcise [sic], as the darkey declared that this was all that was troubling him. He said he was getting stiff from staying in his cell.

“Frank has the entire freedom of the jail whenever he wants it,” declared Attorney Chappell, “and Lee ought to be allowed some chance to take exercise.”

The character of the darkey and his love for the juicy fruit of a Georgia watermelon came out when Lee was being taken back to jail in charge of Deputy Plennie Miner.

“Why don’t you get Mr. Miner to buy you a nigh beer, Newt?” said a bystander.

“Ah don’t want no beer; all Ah wants is er watermelon,” replied the negro, and his large eyes rolled hopefully in his head.

“Ah ain’t had er melon this summer, and it’s the fust time that July ever come ’round without me having er melon.”

* * *

The Atlanta Constitution, July 13th 1913, “Lee Must Remain Behind the Bars,” Leo Frank case newspaper article series (Original PDF)

More Affidavits to Support Mincey Claimed

Posted on by

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.

Continue Reading →

Conley Kept on Grill 4 Hours

Posted on by

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

The Atlanta Georgian

Saturday, July 12, 1913

After Gruelling Third Degree, Officials Refuse to Deny or Affirm Negro Confessed.

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.

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.

Negro’s Most Severe Ordeal.

Continue Reading →

Slaying Charge for Conley Is Expected

Posted on by

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

The Atlanta Georgian

Friday, July 11, 1913

Speedy Indictment of Negro Is Likely Following Publication of Mincey Affidavit.

The speedy indictment of Jim Conley on the charge of murdering Mary Phagan was the strong possibility discussed in court circles Friday following the sensational turn given the strangling mystery by The Georgian’s publication Thursday of the accusation of William H. Mincey, an insurance solicitor, that he had heard the negro boast on the afternoon of the crime of killing a girl.

For nearly two months a self-confessed accessory after the fact of the murder of the little factory girl, Conley has been allowed to go without an attempt at bringing an indictment against him. The startling new evidence which indicates most strongly, if the credibility of the defense’s witness can be established, that Conley was not the accessory after the fact, but the actual principal in the crime, is expected to result in a thorough investigation by the Grand Jury of all the rumors and stories which have been in circulation of the negro’s connection with the pencil factory tragedy.

Counsel Relies on Mincey.

Continue Reading →

Mary Phagan Pay Envelope Found

Posted on by

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

The Atlanta Journal

Wednesday, July 9, 1913

MYSTERY’S LOST LINK IS FOUND NEAR WHERE CONLEY SAYS HE SAT

Finding of Portion of Salary Envelope Bearing Victim’s Name Expected to Strengthen Defense’s Contention

CONTENTS OF ENVELOPE HAVE NEVER BEEN FOUND

Find Was Made by Pinkertons Just Three Weeks After the Murder, but Was Kept a Secret Until Wednesday.

The pay envelope, which was the quest of Mary Phagan’s visit to the National Pencil factory on April 26, when she met her death, has been found.

At least enough of the envelope to definitely identify it is in the hands of the authorities.

The upper corner of the pay envelope, bearing the name of the victim of the sensational murder mystery, was found on the first floor of the factory by Pinkerton detectives three weeks after the commission of the crime.

While attorneys for the defense and the prosecution have known of the find for weeks, the fact only became public Wednesday.

The corner of the pay envelope was found on the first floor of the factory, behind a radiator, about 15 feet from the stairway and about 8 feet from the place, where James Conley, the negro sweeper, says he sat for more than an hour on the day of the tragedy.

Continue Reading →

New Evidence in Phagan Case Found

Posted on by

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

The Atlanta Georgian

Wednesday, July 9, 1913

iGrl [sic] Called to Tell of Negro She Saw in Pencil Factory—Lee Stays in Jail.

A sensation in the Phagan murder mystery developed Wednesday afternoon when Solicitor Dorsey summoned Miss Mattie Smith under a special subpena to question her in regard to a negro she saw in the National Pencil Factory the morning of the Saturday that Mary Phagan was murdered.

Miss Smith told a Georgian reporter that she saw a negro there that morning and believed it was between 9 and 10 o’clock. She thought she might be asked to identify Conley. If she identifies the negro, it will disprove Conley’s statement that he did not go to the factory until after he had met Frank Saturday.

Judge W. D. Ellis Wednesday morning postponed indefinitely the hearing on the application for a writ of habeas corpus to liberate Newt Lee, material witness in the Phagan murder mystery.

The action came as a result of an agreement reached between Graham & Chappell, attorneys for Lee, and Solicitor General Hugh M. Dorsey. It is believed to mark the end of all efforts to gain the negro’s freedom before the trial of Leo M. Frank July 28.

The most unconcerned person in the courtroom was Newt Lee. He was brought before Judge Ellis by Deputy Sheriff Miner.

Lee is Unconcerned.

Continue Reading →

Girl Springs Sensation in Phagan Case

Posted on by

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

The Atlanta Georgian

Wednesday, July 9, 1913

PART OF PAY ENVELOPE FOUND

Discovered Shortly After Tragedy by Detectives, but Find Was Kept Secret.

*Editor’s Note: The following headlines also appeared:

(Night Edition):

NEW PHAGAN EVIDENCE FOUND

PART OF PAY ENVELOPE HELD BY POLICE

(Extra Final Edition):

PHAGAN PAY ENVELOPE FOUND

Two sensational developments marked the Phagan case Wednesday. One was the testimony of Miss Mattie Smith, an employee of the National Pencil factory, that she had seen a negro sitting on the first floor of the factory betwen [sic] 9 and 10 o’clock, at a time when Conley had denied being there. The second was the announcement of the finding of a part of a pay envelope declared to be the envelope of Mary Phagan.

A piece of an envelope bearing Mary Phagan’s number was found on the first floor of the National Pencil factory behind a radiator, only a few feet from where Jim Conley, negro sweeper at the plant, was sitting on the day the little factory girl was murdered, according to information made public Wednesday afternoon.

Robbery Again Suspected.

Continue Reading →

Grants Right to Demand Lee’s Freedom

Posted on by

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

The Atlanta Georgian

Tuesday, July 8, 1913

Negro’s Counsel Secures Chance to Argue for Habeas Corpus Writ Wednesday.

Reuben R. Arnold, of counsel for Leo M. Frank, communicated with Sheriff Mangum Tuesday afternoon directing him under no circumstances to permit the removal of Frank to appear Wednesday as a witness in the habeas corpus hearing to free Newt Lee.

“There is no law on earth to bring Frank to court under an order as a witness,” said Arnold. Attorney Rosser, chief of counsel, was absent from the city Tuesday.

Continue Reading →

Findings in Probe are Guarded

Posted on by

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

The Atlanta Georgian

Wednesday, July 2, 1913

No Indication Given of Results of Investigation of Reports of Disorderly Houses.

The result of the Grand Jury’s sensational vice probe of a few weeks ago will be made known Wednesday when the presentments are returned to Superior Judge W. D. Ellis, who two months ago charged that an extensive investigation be made.

Save when an indictment was returned against Police Commissioner W. P. Fain, which charged him with keeping a disorderly house and beating one of the women inmates, no inkling of the general trend of the probe got beyond the closed doors of the jury room.

When the probe first started the jury expected it to be completed in a day. It took a sensational turn when Colonel Thomas B. Felder charged Chief of Detectives Newport Lanford and his detectives with openly protecting vice, and the attorney stated he could submit to the jury a “vice list” that would “stand Atlanta on its head.”

List Given to Jury.

Continue Reading →

Probe Phagan Case Grand Jury Urged

Posted on by

Probe Phagan Case Grand Jury UrgedAnother in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution

Tuesday, May 6th, 1913

Crime Calls for Your Immediate Attention, Declares Judge Ellis, in His Charge.

“The Mary Phagan case calls for your immediate and vigorous attention. The power of the state is behind you. What appears to be an awful crime has been committed, and the welfare of the community, the good name of Atlanta, public justice and the majesty of the law demand at the hands of this grand jury and of all officers of the law the most searching investigation and the prompt bringing to trial of the guilty party.”

Such was the charge made by Judge W. D. Ellis, of the superior court, to the grand jury for the May session empannelled [sic] Monday morning. Judge Ellis declared that a thousand crimes would not equal in horror the murder of little Mary Phagan.

Solicitor-General Drosey expressed the opinion that the grand jury would not take the matter up immediately. To do this, he declared, would interfere with the coroner’s jury, which is still making its inquest.

The body of Mary Phagan was exhumed Monday morning by Coroner Donehoo. An examination of the contents of the stomach will be made in an endeavor to get some new clew that may throw light on the mystery.

* * *

Atlanta Constitution, May 6th 1913, “Probe Phagan Case Grand Jury Urged,” Leo Frank case newspaper article series (Original PDF)

“Pistol Toting” is Condemned by Judge Ellis in His Charge

Posted on by

Pistol Toting is Condemned by Judge Ellis in His Charge

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

Atlanta Constitution

Tuesday, May 6th, 1913

The instructions given the new Fulton county grand jury by Judge William D. Ellis in his charge at the empanelling of that body Monday morning placed especial stress upon the call of the Mary Phagan case for the “immediate and vigorous attention” of the grand jury. He also urged the jury to investigate the locker and social clubs of Atlanta and to “find true bills against all who conduct clubs which are run for the purpose of selling liquor.”

In this connection he also urged that the grand jury declare war upon the Sunday tippling house. “Pistol toting” and the operation of assignation houses are also due for considerable annoyance at the hands of the new grand jury. Continue Reading →

Crowds at Phagan Inquest

Posted on by

Crowds at Phagan Inquest

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

Grand Jury Instructed to Probe Deeply

Atlanta Georgian

Monday, May 5th, 1913

Evidence Secured by Detectives May Not Be Presented at Coroner’s Inquest—Lee and Frank to Testify. Many Other Witnesses Are Ready.

The Phagan inquest began at 2 o’clock Monday afternoon at police headquarters.

There was a great throng of witnesses in attendance.

A large force of police was on hand to keep the crowd of curiosity seekers in order.

Frank and Lee were taken from the Tower to police headquarters in charge of Deputy Sheriff Minor. A small crowd congregated about the jail in anticipation of the transfer and another crowd even larger was in front of headquarters when the two prisoners were brought in.

There was no demonstration, and the brief trip was made without event. Continue Reading →

Judge Charges Grand Jury to Go Deeply Into Phagan Mystery

Posted on by

Judge Charges Grand Jury to Go Deeply Into Phagan MysteryAnother in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian

Monday, May 5th, 1913

Judge Ellis, in his charge to the May Grand Jury, took up the Mary Phagan case. The address is published in full in this issue of The Georgian. What Judge Ellis said specifically about the Phagan case follows:

The Mary Phagan case calls for your immediate and vigorous attention. The power of the State is behind you. What appears to be an awful crime has been committed, and the welfare of the community, the good name of Atlanta, public justice and the majesty of the law demand at the hands of this Grand Jury and of all officers of the law the most searching investigation and the prompt bringing to trial of the guilty party.

This is a good community. There are thousands of intelligent and law-abiding people—a vast majority of our people are good and virtuous—but, like all other communities, there are bad people in it. The reputation and progress of Atlanta attracts to it large numbers of people from all parts of the country, and some of the worst people from other places come here, and add themselves to the bad element of our county. Let the Grand Jury get after the bad element. You indict all violations of the law in Fulton County and the court will see that speedy trials will follow, and that certain punishment will be inflicted on the guilty.

* * *

Atlanta Georgian, May 5th 1913, “Judge Charges Grand Jury to Go Deeply Into Phagan Mystery,” Leo Frank case newspaper article series (Original PDF)

Coroner’s Jury Likely to Hold Both Prisoners

Posted on by
Hugh Dorsey, Solicitor General, on left, and Judge W. D. Ellis. The former is hard at work on the Phagan case. The latter has charged the Grand Jury to probe the slaying thoroughly.

Hugh Dorsey, Solicitor General, on left, and Judge W. D. Ellis. The former is hard at work on the Phagan case. The latter has charged the Grand Jury to probe the slaying thoroughly.

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

Atlanta Georgian

Monday, May 5th, 1913

In the following story will be found the developments in the Phagan case up to the time the inquest was resumed Monday afternoon:

It is said, but without authority, that a great deal of very important evidence has been accumulated, but that it will not be presented at the Coroner’s inquest. Instead, it will go directly into the hands of Solicitor Dorsey, who, as the chief prosecuting officer of Fulton County, is really in charge of the case now, although it has never been the duty of a prosecuting officer to interfere with the functions of the Coroner.

May Hold Both Lee and Frank.

It seems probable that both Frank and Lee will be held for the Grand Jury. The testimony brought out at the Coroner’s inquest will be turned over to Solicitor Dorsey, who will study it carefully and make such further investigations as he may deem necessary, using the detective force of the city for that purpose. Continue Reading →

Coroner’s Inquest Resumed 2:30 p. m.; Frank Will Testify

Posted on by

Coroner's Inquest Resumed

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

Atlanta Journal

Monday, May 5th, 1913

Factory Superintendent Was Expected to Be the Chief Witness, Though 200 Others Had Been Subpoenaed

NEW GRAND JURY URGED TO PROMPT INVESTIGATION

A Thousand Violations of Law Against Vice Do Not Equal Crime of Mary Phagan’s Murder, Says Judge Ellis

The jury empanelled a week ago by Coroner Paul Donehoo resumed its probe into the mystery of the murder of little Mary Phagan on Monday afternoon shortly after 2:30 o’clock.

Although police headquarters was crowded by nearly 200 witnesses, mostly employees at the National Pencil factory, where Mary Phagan met her death, it was said at the opening of the session that only a few witnesses would be called upon to testify.

The coroner, the chief of detectives and the solicitor general held a short conference just before the inquest was resumed.

It is said that the conference was held in order that the officials might reach a decision as to just what witnesses it will be necessary to bring before the inquest. It is said to be the desire of Solicitor Dorsey that the inquest may proceed without disclosing any more of the “state’s hand’ than is absolutely necessary. Continue Reading →