Tag Archives: Mary Phagan

Audio Book – The Leo Frank Case: The Lynching of a Guilty Man, part 3

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Leo M. Frank, center, on his way to the coroner’s inquest

by Philip St. Raymond
for The American Mercury

THE JEWISH Anti-Defamation League (or ADL) — back in the days when they and their allies had a near-monopoly on public discussion of the Leo Frank case — once made the claim that Leo Frank was arrested and indicted and convicted of the murder of Mary Phagan “without evidence.” Listen to this audio book and learn of the vast amount of evidence amassed during four separate investigations into the case — evidence that strongly indicates Frank’s guilt — evidence that convinced the coroner’s jury, the grand jury, the trial jury — and evidence that on appeal was reviewed and found unexceptionable by every possible level of the judicial system, up to and including the Supreme Court of the United States.

In this, the third audio segment of this excellent book originally published by the Nation of Islam — the best we have seen on this subject — we also learn of the very strange behavior of the pro-Frank forces when it came to the factory sweeper, James Conley, who said he was hired by Frank to act as a lookout during Frank’s hoped-for tryst with Mary Phagan — an encounter that ultimately led to her death.

After hearing the evidence, you will never again be able to take seriously the “received narrative” of an innocent Leo Frank, persecuted by vicious “anti-Semites,” which the major media continue to vend to the public.

This new audio book, based on the Nation of Islam’s The Leo Frank Case: The Lynching of a Guilty Man, the best investigative effort made on the Leo Frank case in the last 100 years, will take you on a trip into the past — to the greatest American murder mystery of all time; a mystery that will reveal to you the hidden forces that shape our world even today.

To read all the chapters we’ve published so far, simply click on this link.

We at The American Mercury are now proud to present part 3 of our audio version of this very important book, read by Vanessa Neubauer.

Simply press “play” on the player embedded above — or at the end of this article — to hear part 3 of the book.

* * *

Click here to obtain a print or e-book copy of this important work, The Secret Relationship Between Blacks and Jews, Vol. 3; The Leo Frank Case: The Lynching of a Guilty Man.

For further information on the Nation of Islam Historical Research Group, readers are encouraged to visit their Web site, noirg.org.

Conley Kept on Grill 4 Hours

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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.

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Audio Book – The Leo Frank Case: The Lynching of a Guilty Man, part 2

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by Philip St. Raymond
for The American Mercury

LOOK AT THE headline and lead article in the Atlanta Georgian newspaper of April 29, 1913, we have illustrated above. Simply click on the image to see a large and easy-to-read version. “LEE’S GUILT PROVED, Detectives Assert” — “SUSPICION LIFTS FROM FRANK” — “We Have Sufficient Evidence Now to Convict Negro Nightwatchman of Killing Mary Phagan” — “Additional clews furnished by the head of the pencil factory [Leo Frank] were responsible for the closing net around the negro watchman” — “what suspicion had rested on Frank was being rapidly swept away by the damaging evidence against the black man.”

Newt Lee, the nightwatchman of the National Pencil Company was being framed for the murder of Mary Phagan. We know now without the slightest doubt that Lee was innocent. But the pro-Frank forces, even at this early date in the case, were already engaging in the planting of evidence, impersonation of detectives, and other skulduggery in order to pin the crime on an innocent man — and this would not be the last time they would do this.

Just as there is no doubt today that Newt Lee was innocent, there should just as little doubt today that the principal behind this framing attempt was not innocent. The framing of a man who had nothing to do with the murder is not the act of an innocent man.

This new audio book, based on the Nation of Islam’s The Leo Frank Case: The Lynching of a Guilty Man, the best investigative effort made on the Leo Frank case in the last 100 years, will take you on a trip into the past — to the greatest American murder mystery of all time; a mystery that will reveal to you the hidden forces that shape our world even today.

We at The American Mercury are now proud to present part 2 of our audio version of this very important book, read by Vanessa Neubauer.

Simply press “play” on the player embedded above — or at the end of this article — to hear part 2 of the book.

* * *

Click here to obtain a print or e-book copy of this important work, The Secret Relationship Between Blacks and Jews, Vol. 3; The Leo Frank Case: The Lynching of a Guilty Man.

For further information on the Nation of Islam Historical Research Group, readers are encouraged to visit their Web site, noirg.org.

* * *

Source: The American Mercury

Mincey’s Story Jolts Police to Activity

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

The Atlanta Georgian

Friday, July 11, 1913

*Editor’s Note: The following column ran in the final edition of the Georgian with the title “Georgian’s Story Stirs Officials to Action,” and contains the following bracketed text in lieu of the first two paragraphs and preceding sub-headline.

[Mincey Affidavit Leads to Another Cross-Examination of Phagan Case Suspect.

[As a result of the publication by The Georgian exclusively Thursday of the sensational affidavit of W.H. Mincey, the insurance agent, which declared that Jim Conley had confessed on the afternoon of the Phagan murder, that he had killed a little girl, the negro sweeper was again put on the grill late Friday afternoon. The cross-examination was conducted by Solicitor General Hugh M. Dorsey personally at the police station and was attended by utmost secrecy.

[Conley was taken into the Police Commissioners’ room on the second floor of the station house by a circuitous route to avoid being seen. In the room awaiting him were the Solicitor, his assistant, Frank J. Hooper, and Chief of Detectives Lanford. The negro was questioned for more than an hour. The result of the inquiry was not made known.

[That Mincey’s affidavit is of the utmost importance became obvious with this latest move by the prosecution. Undoubtedly its startling accusations, directing guilt at the negro, have shown themselves to the State to have foundation of more strength than Mr. Dorsey and his colleagues have so far cared to admit.]

Steps Taken Immediately to Discredit Affidavit Published Exclusively in The Georgian.

The Georgian’s exclusive publication of the sensational details of the W.H. Mincey affidavit, in which Jim Conley was alleged to have confessed to the killing of a girl the afternoon that Mary Phagan was slain, created a big stir Friday in police circles and immediate efforts were made to discredit the accusations against the negro.

Detectives set out at once on a still hunt for Mincey. Lines were thrown out to produce witnesses who would swear that Mincey’s word was not to be depended upon. The detective force, which virtually had been resting on its oars in the Phagan case for several weeks, was galvanized into action by the startling charges made in the affidavit of Mincey, which was first made public by The Georgian.

Police Deny Being Told.

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Slaying Charge for Conley Is Expected

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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.

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Conley Not Right Man, Says Mincey

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

The Atlanta Constitution

Friday, July 11, 1913

Insurance Man Who Made Affidavit Says Conversation Was With Some Other Negro—Saw Conley at Station.

It was disclosed Thursday afternoon that William H. Mincey, the insurance agent who has made an affidavit to the effect that Jim Conley on the date of the Phagan murder drunkenly admitted that he had slain a girl had appeared at police headquarters during Conley’s grilling and had positively failed to identify the negro.

This was told a Constitution reporter by Detective Harry Scott of the Pinkertons and Detective Chief Newport Lanford. The insurance agent, they declared, had come to the police station while Conley was being cross-examined and had asked to see the prisoner.

He wanted to see if he could identify Conley as the negro whom he had seen drunk at the corner of Electric and Carter streets on the afternoon of Saturday, April 26. He was admitted to Conley’s presence. After asking the negro a number of questions pertaining to a conversation he had held with the black encountered at Electric and Carter streets, Mincey, the detectives assert, declared he could not identify the suspect.

He’s not the man I saw, Lanford and Scott say the insurance man declared.

Conley was asked by Mincey on that date if he had not talked with him about the issuance of a life insurance policy. Conley denied having ever seen the man. Mincey, the detectives say, was positive in his declaration that Conley was not the negro with whom he had held the conversation.

Did Not Approach Detectives

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No Finger Prints Found by Expert on Phagan Envelope

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

The Atlanta Journal

Thursday, July 10, 1913

Examination of Portion of Slain Girl’s Pay Envelope Fails to Throw Any Light on the Murder Mystery

FLETCHER, AT FEDERAL PEN MAKES EXAMINATION

Fight for Release of Newt Lee on Habeas Corpus Resumed and Hearing Will Be Given Saturday Morning

That the murderer of Mary Phagan can never be identified by finger prints on the pay envelope found in the factory, and the “re-setting” of Newt Lee’s habeas corpus for 10 o’clock. Saturday morning, were two important developments of the sensational murder mystery Thursday.

According to Attorney Bernard L. Chappell, of Graham & Chappell, counsel for the negro night watchman, fifty witnesses among them the negro James Conley, confessed accomplice, and Leo M. Frank, accused of the crime, will be subpenaed for the habeas corpus hearing.

It is known that the solicitor general, Hugh M. Dorsey, will oppose the release from the Tower of Lee on the ground that he is a material witness.

Counsel for Frank will take no part in the fight to secure the release of Lee, but Attorney Reuben R. Arnold stated when the case was postponed that he would oppose any effort to bring Frank into the court for the habeas corpus hearing.

It is said that the counsel for Frank will oppose bringing him to the court on the ground that it is not lawful to force a defendant to give any testimony which relates to or bears on the crime for which he is to be tried.

This, as a result, will prevent the much talked of meeting of Frank and Conley.

According to the attorney for Lee, subpenas will be issued to the many detectives who have worked on the case, to the solicitor general and to the foreman of the grand jury that failed to indict Lee.

EXAMINED BY EXPERTS.

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Says Conley Confessed Slaying

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

The Atlanta Georgian

Thursday, July 10, 1913

*Editor’s Note: Articles with the titles “Tells of Conley Confession” and “Says Conley Confessed” also appeared in other editions of the Georgian.

NEGRO MADE BOAST OF KILLING A GIRL, AGENT DECLARES

Attorneys for Frank Will Put Main Reliance of Defense on the Startling Affidavit Made by W. H. Mincey and Now in Their Possession.

That Jim Conley, negro sweeper at the National Pencil Factory, made a virtual confession to him that he attacked and killed Mary Phagan is the startling allegation made in an affidavit by William H. Mincey, until recently a solicitor for the American Insurance Company, of 115 1/2 North Pryor Street.

It became known Thursday that this affidavit, which is in the hands of the defense, will be the principal reliance, aside from the alibis which have been established for Frank, in bringing an acquittal of the accused man and obtaining a conviction against the negro.

No other evidence, in all of the more than two months’ investigation of the mystery, has been so damning and so direct. The defense has practically only to establish the credibility of Mincey to assure itself of victory.

Said He Had Killed Girl.

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Mary Phagan’s Pay Envelope is Found

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

The Atlanta Constitution

Thursday, July 10, 1913

Discovery Made by Detectives Weeks Ago, But Is Just Announced

The discovery of the pay envelope given Mary Phagan on the day of her murder is believed by detectives to furnish the missing link in the chain of circumstancial [sic] evidence they declare they have forged.

The envelope was found by Detectives Harry Scott and John Black. It is now in possession of the solicitor general. It was discovered on the first floor of the plant building behind a radiator that is situated in immediate vicinity to the spot at which James Conye [sic], the negro sweeper, says he sat in waiting for his superintendent’s summons.

The production of the envelope as evidence will be a strong point in behalf of Frank’s defense according to his friends, however. It is rumored that his counsel is already preparing to use it as a basis of one of their many attacks upon the negro’s story.

The envelope was found three weeks after the discovery of the girl’s body. It was not made public, however, until Wednesday.

Solicitor Hugh M. Dorsey won his point Wednesday and will keep Newt Lee, the negro night watchman, in the tower until the trial of Leo M. Frank for the murder of Mary Phagan is held on July 28. Attorneys Graham and Chappell for Leo had secured an order directing that the sheriff show cause why he should hold their client but the solicitor held a conference with the negro’s lawyers shortly before the hearing and by mutual consent the affair was indefinitely postponed.

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The Atlanta Constitution, July 10th 1913, “Mary Phagan’s Pay Envelope is Found,” Leo Frank case newspaper article series (Original PDF)

Mary Phagan Pay Envelope Found

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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.

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New Evidence in Phagan Case Found

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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.

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Girl Springs Sensation in Phagan Case

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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.

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Newt Lee’s Attorneys Seeking His Freedom

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

The Atlanta Journal

Tuesday, July 8, 1913

Habeas Corpus Proceedings May Bring Frank and Conley Face to Face

Petition for a writ of habeas corpus in behalf of Newt Lee, the negro night watchman at the National Pencil factory who has been held in jail since the Mary Phagan murder as a suspect, has been drawn up at 2 o’clock Tuesday afternoon by the negro’s attorneys, Graham and Chappell, and the firm then was seeking the signature of the nearest available judge of the Fulton superior court to a writ fixing the time and place for a hearing upon the matter and directing Newt Lee be brought into court.

It is by this method that the negro is said to seek his freedom from jail, contending that there is no reason for confining him for any part in the matter. The solicitor is expected to vigorously fight the habeas corpus and insist that Lee be held as a material witness.

Should the petition be signed both the state and the attorneys for Leo M. Frank will be notified and this brings up the possibility of Frank and the negro sweeper, Conley, being brought face to face in court.

At 2 o’clock it was said that the habeas corpus hearing would probably be set for Wednesday morning at 9:30 o’clock.

The following is Newt Lee’s petition:

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Attitude of Defense Secret

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

The Atlanta Georgian

Tuesday, July 8, 1913

Attorneys for Accused Man Can Keep Him From Facing Accuser if They Wish.

That Leo M. Frank, superintendent of the National Pencil Factory, and James Conley, Frank’s accuser in the Mary Phagan murder mystery, would be brought face to face Tuesday was the strong possibility presented by the contemplated application for a writ of habeas corpus in behalf of Newt Lee, negro night watchman at the factory.

The plan of bringing Conley and Frank together may meet an insurmountable obstacle when it comes to getting the permission of Frank’s attorneys. The law allows an indicted man to testify or to refuse to testify. Frank has been willing to appear as a witness at any time, but he has placed himself under the instructions of his lawyers and the matter is entirely in their hands.

Arnold is Non-commital.

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State Sure Lee Will Not Be Released

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

The Atlanta Georgian

Tuesday, July 8, 1913

Dorsey Confident That Move, Which May Confront Frank With Conley, Is Futile.

Solicitor General Hugh M. Dorsey said Tuesday he was confident the State would be able to defeat any attempt to get Newt Lee out of the Tower, where he has been confined since April 27, first as a suspect in the Mary Phagan murder case and later as a material witness. He said he had advised Lee’s attorney not to take the action, as the negro was regarded as an important witness in making a complete chain of evidence against Leo M. Frank.

No petition was filed in behalf of the negro Tuesday forenoon. There was no judge before whom the petition could be brought in the afternoon, although in rare instances writs of habeas corpus are filed with the Ordinary of the county. Lee’s counsel has until Friday to file the application. It was the announced intention to subpena both Frank and Jim Conley to appear at the hearing on the write [sic].

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Grants Right to Demand Lee’s Freedom

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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.

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Lee’s Attorney is Ready for Writ Fight

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

The Atlanta Georgian

Monday, July 7, 1913

Habeas Corpus Move to Free Negro in Phagan Case Due to Start Monday.

Habeas corpus proceedings in behalf of Newt Lee, negro night watchman at the National Pencil Factory, were promised Monday by the negro’s attorney, Bernard L. Chappell. Settlement of this phase of the Phagan murder mystery will determine definitely the status of the negro.

It is known that the State regards Lee as a material witness in building up its case against Frank. The attitude of Mr. Chappell is that his client knows no more about [the] crime than he already has told, and should therefore be freed. Lee has told the detectives nothing which links any man directly with the crime. By the defense, his story is held to point to the guilt of Leo Frank no more than to the guilt of Conley.

The State, however, will fight any effort to give the negro his liberty. Solicitor Dorsey fears that Lee will get out of the jurisdiction of the court once he is permitted his freedom.

The battle over Lee is the only outward sign of activity in the Phagan case etiher [sic] by the defense or the prosecution, but it is known that the defense is busily engaged completing its case. One new witness was interviewed Saturday by Frank’s lawyers, and his affidavit taken before a notary public. A strong net is being woven about Conley. The nature of the testimony is being kept secret, but it is known that the defense expects to free Frank by showing that it was Conley who committed the crime. The negro is said to be enmeshed in the testimony in the hands of the defense.

Despite rumors of another postponement, attorneys for the defense and prosecution said Monday that they would be ready to go ahead with the case at the time set for trial, July 28, and that they knew of no reason for further delay.

Jury to Consider Indicting Conley.

What was considered a direct reference to the Phagan case was made in the charge of Superior Judge George L. Bell to the Grand Jury Monday morning. He said he wanted to place particular emphasis on recent “horrible homicides” and urged the jury to probe deep in an effort to find clews that would lead to perpetrators.

The Grand Jury was organized at 9 o’clock Monday morning with W. D. Beattie foreman. Judge Bell made one of the shortest charges ever delivered in a Fulton County courtroom.

Immediately following the charge the jury went into executive session to consider bills presented by the Solicitor’s office. After to-day’s session the calendar of criminal business will be disposed of, and the jury will have every opportunity to take up any matters it might see fit.

A meeting will be called later in the week when a definite plan of action will be outlined for the term. It was regarded as likely that the Phagan case would be reopened and an indictment against Jim Conley considered.

Other matters that might be taken up are recent developments with the police department, in which eight patrolmen were suspended for alleged corruption, the counter charges of corruption made by them and charges of open vice.

* * *

The Atlanta Georgian, July 7th 1913, “Lee’s Attorney is Ready for Writ Fight,” Leo Frank case newspaper article series (Original PDF)

New Move in Phagan Case by Solicitor

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

The Atlanta Georgian

Sunday, July 6, 1913

Dorsey Will Endeavor to Force Defense to Disclose Their Documentary Evidence.

ACT IS COUNTERSTROKE

Frank’s Attorneys Said to Have Affidavits Exonerating Frank and Indicating Conley’s Guilt.

A sensational turn in the Phagan murder mystery, according to one of the attorneys for the defense, will develop next week when Solicitor General Hugh M. Dorsey issues a subpena duces tecum on Attorneys Luther Z. Rosser and Reuben Arnold, citing them to produce all the affidavits they have secured that bear on the crime.

The movement is in the nature of a counterstroke to block the pending subpenas duces tecum filed by the defense, citing the State to produce all the affidavits that have been secured.

The defense strongly maintains that it will win its point and that the prosecution will suffer. The attorneys say that the Constitution of the State clearly outlines the action of the court in such matters—”that the defendant is entitled to be faced with all the evidence against him”—while the prosecution will labor under the handicap that “a defendant is innocent until he is proven guilty.”

Dorsey Is Silent.

While no announcement would be made by Solicitor Dorsey relative to the contemplated subpenas duces tecum, it was intimated by him that such action might be taken at an early date, and that when it was the defense and the prosecution would lock horns in the first decisive battle in the sensational case.

Affidavits that are sought by the defense are the three different sworn statements of the negro, Jim Conley, the affidavit given by the negro cook at the Frank home, Minola McKnight, the Formby affidavit and the affidavit of Monteen Stover, the girl who stated that she entered Frank’s office at a time when he said he was there, and found the office deserted.

The State will seek to obtain affidavits contradicting their theory and placing the crime on the negro sweeper, Jim Conley. These affidavits are said to deal principally with the time different witnesses entered and left the factory April 26, the most vital question in the trial.

Affidavits of Defense.

The defense is said to be in possession of affidavits that show Monteen Stover entered and departed from the factory before Mary Phagan’s car reached the heart of the city; that the negro Jim Conley entered the factory earlier in the day than he said he did, and that he, instead of the indicted pencil factory superintendent, committed the murder, because the superintendent left the factory at least ten minutes before Conley said he helped him dispose of the body, and that the Formby affidavit, a one-time sensational bit of evidence substantiating the defense, was given by the woman at the behest of the police detectives without regard for its accuracy, and that Mrs. Formby has since admitted that she never knew Leo M. Frank or heard of him until he was held as a suspect in connection with the murder.

* * *

The Atlanta Georgian, July 6th 1913, “New Move in Phagan Case by Solicitor,” Leo Frank case newspaper article series (Original PDF)

Phagan Case Centers on Conley; Negro Lone Hope of Both Sides

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

The Atlanta Georgian

Sunday, July 6, 1913

*Editor’s Note: See insert article, “Decisions Which May Aid Defense of Frank”, at the conclusion of this post.

Frank Expects Freedom by Breaking Down Accuser’s Testimony, and State a Conviction by Establishing Truth of Statements.

BY AN OLD POLICE REPORTER.

The developments in the Phagan case have been of late highly significant and interesting.

During the past week, it became evident that the very heart and soul of both the prosecution and the defense is to center largely about the negro, James Conley.

He is at once apparently the hope and the despair of both sides to the contest!

This circumstance, however, while tending to add much to the dramatic and the uncertain, in so far as the outcome is concerned, is not by any means an unusual thing in cases of this kind.

It frequently happens in mysterious murder cases that both the State and the defense must pin their faith to one and the same witness.

Of late there has been some talk of the Grand Jury indicting Conley, even over the Solicitor General’s head, which, of course, it would have a perfect right to do.

The thought occurred to me some time ago that the case might take that direction, but in the article in which that point was discussed, I mentioned it incidentally, rather than as a likely thing.

Indictment may Mean Much.

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Application to Release Lee is Ready to File

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

The Atlanta Georgian

Sunday, July 6, 1913

Negro’s Lawyer Says He Will Offer Habeas Corpus When Solicitor Dorsey Returns.

On account of the absence from the city of Prosecuting Attorney Hugh M. Dosey [sic], Bernard L. Chappell, attorney for Newt Lee, announced Saturday that he would not file a writ of habeas corpus until Monday. He claims in the petition for the release of the negro that Lee is being held unlawfully and without any charge against him.

Solicitor Dorsey left for his country place at Valdosta, Ga., Saturady [sic] morning. He will return Monday.

Solicitor General Hugh M. Dorsey will ask the courts to hold the negro as a material witness for the State, or may charge him with being an accessory. He was determined Friday to take no chances on so important a witness getting out of his control, as he feared the negro might get beyond the jurisdiction of the courts if given his liberty.

Attorney Chappell and Solicitor Dorsey had agreed, when the negro was committed to jail, to keep him there until the trial. Chappell notified Dorsey Wednesday that he wished to withdraw from the agreement and get his client freed.

Chief Discounts Conley Rumor.

The announcement Friday that the defense had secured an important and damaging affidavit that connected the State’s star witness, Jim Conley, more directly with the crime created a sensation in the ranks of the prosecution.

Chief of Detectives Newport A. Lanford announced that every movement of the negro on the day of the crime had been “checked up,” and that it was a matter of impossibility to find anything more damaging against him than his admission that he helped dispose of the body at the request of Frank.

In commenting on the affidavit secured at the office of Joseph H. Leavitt Thursday the attorney said that it would be almost impossible for the prosecution to break down any statement that was made in the affidavit when the witness was placed on the stand.

Calls Evidence Vital.

He said the witness was a citizen of high standing and would be one of the most important for the defense of Frank.

Attorney Leavitt said that this particular affidavit was one of more than 50 that had been recently secured that dealt almost exclusively with the movements of the negro on the day of the murder. While he would not comment at any length, he intimated that the defense had been able to establish conclusively the exact time Conley entered and left the factory.

He also intimated that affidavits had been secured that would show what time Monteen Stover entered and left the factory and be able to prove she left before Mary Phagan’s car reached the vicinity of the pencil factory.

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The Atlanta Georgian, July 6th 1913, “Application to Release Lee is Ready to File,” Leo Frank case newspaper article series (Original PDF)