Fourteen Houston Policemen Fired on Bowen’s Account

Fourteen Houston Policemen Fired on Bowens AccountAnother in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Journal

Wednesday, May 7th, 1913

BY KENNETH TODD.

HOUSTON, Tex., May 7.—Although young Paul P. Bowen, arrested in Houston Monday as a suspect in the Mary Phagan case, has been released by the chief of police, the release was ordered against the wishes of the chief of detectives and the latter has been summarily discharged for opposing his superior in spite of the telegram from Chief Beavers, of Atlanta, to Chief Davison, of the local department.

Bowen was released twenty-four hours after the message was received. Chief of Detectives Peyton stubbornly refused to let the youth go free, so Chief Davison procured the keys and acted as turnkey. He also discharged Peyton and started a row that has the police department up in the air. Fourteen members of the department were discharged. Claiming that the discharge of Bowen was actuated largely by spite and before a thorough investigation had been made local Pinkerton’s agents as well as private detectives are doing some work on their own accord.

The row between the chief of police and the chief of detectives was caused when the latter gave out the story to an afternoon paper without consulting the head of the department and mentioning his name.

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Atlanta Journal, May 7th 1913, “Fourteen Houston Policemen Fired on Bowen’s Account,” Leo Frank case newspaper article series (Original PDF)

Witness, Called by Defense, Testifies Against Frank

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

Atlanta Journal
August 16th, 1913

MISS IRENE JACKSON DECLARES FRANK LOOKED INTO DRESSING ROOM ON SEVERAL OCCASIONS

Daughter of Policeman A. W. Jackson Testifies That Frank Opened the Door of Dressing Room and Looked in While Young Lady Was Dressing and That a Complaint Was Registered With a Forelady, Miss Cleland, About It

NEWSPAPER MAN TELLS OF JIM CONLEY’S PANTOMIME RE-ENACTMENT AT FACTORY

Solicitor Dorsey Attacks the Pinkertons, Charging That They Failed to Report Their “Finds” to Police—Many Young Women Employed at the Factory Testify to Frank’s Good Character—Court Adjourns Until Monday Morning

With Harllee Branch, a reporter for The Journal, on the witness stand where he had just described Conley’s pantomime re-enactment of his alleged part in the disposal of the body of Mary Phagan, witnessed by him as a newspaper man, the trial of Leo M. Frank was adjourned at 1:05 o’clock Saturday afternoon until Monday morning at 9 o’clock. Mr. Branch, summoned by the defense to testify in regard to an interview with Jim Conley at the tower, over the protest of Attorney Luther Z. Rosser, was permitted by the court to describe Conley’s pantomime re-enactment when requested to do so by the solicitor.

Just before court adjourned, Judge Roan addressed a few words to the jury, expressing regret that it was necessary to keep them away from their families another Sunday but stating that he sincerely hopes this would be the last Sunday that they would have to held together.

Unexpected testimony for the state was drawn from Miss Irene Jackson, daughter of Policeman A. W. Jackson, a former employe of the factory, who had been summoned as a defense witness. On cross-examination Solicitor Dorsey developed testimony to the effect that the girls in the factory were somewhat afraid of Frank, that on one occasion Frank had looked into the dressing room while Miss Emily Mayfield was partly dressed and that Miss Mayfield had complained to a forelady, Miss Cleland. She told of other occasions on which the superintendent is alleged to have pushed the door of the dressing room open while the girls were in there dressing. She admitted on cross-examination that the occurrence to which she testified occurred last summer, but that she had […]

when her father made her leave. She also admitted that there had been complaint of the girls flirting through the windows of the dressing room and that Frank had spoken to her forelady about it.

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Attorneys for Both Sides Riled by Scott’s Testimony; Replies Cause Lively Tilts

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

Atlanta Constitution
August 1st, 1913

When court convened on Thursday morning, J. M. Gantt, formerly employed in the bookkeeping department of the National Pencil factory, was placed on the stand for two questions, and he was followed by Harry Scott, Pinkerton detective, who worked as a partner of John R. Black, of the city detectives, in searching for the murder of Mary Phagan.

Solicitor Hugh Dorsey had Gantt swear that he was arrested on April 28 and hold until the following Thursday.

During Scott’s testimony, there were lively tilts of all sorts. At one time Scott became angry with the solicitor and asked him if he were accusing him of withholding evidence, and Dorsey declared that Scott had entrapped him by promising to swear one thing on the stand and then by refusing to swear it.

A moment later the defense was in a rage when Scott swore that Herbert Haas, one of Leo Frank’s counsel, had ordered him to furnish to the defense the evidence he might obtain before giving it to the police.

Luther Rosser, another of Frank’s attorneys, then tried to show that he had not been concerned in this, and when this was not helld [sic] admissible, he burst out with the statement, “There’s certainly no one here who believes that I had anything to do with this!”
Scott declared he told Haas, in the presence of Rosser and Sig Montag, that before the Pinkertons would do as he asked that they would quit the case.

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Scott Trapped Us, Dorsey Charges; Pinkerton Man Is Also Attacked by the Defense

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

Atlanta Georgian
July 31st, 1913

FRANK NOT IN OFFICE JUST AFTER 12 ON DAY OF SLAYING, SAYS GIRL

The deliberate charge that he had been “trapped” by Pinkerton Detective Harry Scott was made by Solicitor Dorsey at the trial of Leo M. Frank Thursday. Scott played a curious part in the trial, being attacked by both sides.

He was given the same fiery baptism that annihilated City Detective Black the day before, but he passed through the ordeal in much better shape than his brother detective. Scott left the stand at 11 o’clock and Miss Monteen Stover was called.

The Stover girl testified that she visited the factory shortly after 12 o’clock, April 26, and that Frank was not in his office.

Scott refused to be cowed by the battering attack of Luther Rosser, chief of Frank’s counsel, and fought back viciously at various times during his cross-examination. He was inclined to argue with both Attorney Rosser and Solicitor Dorsey, and at one time blazed forth angrily when he though that Dorsey was charging him with holding something back.

Defense Discounts Scott’s Story.

Rosser succeeded in impeaching Scott’s testimony to a certain extent by showing that his testimony at the Coroner’s inquest differed in some respects from that given at the trial, and that the testimony at the inquest lacked much that was contained in his testimony just given under the questioning of Solicitor Dorsey, although Scott had sworn at the inquest that he was telling all he knew.

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Chronological Story of Developments in the Mary Phagan Murder Mystery

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

Atlanta Journal
July 27th, 1913

April 27—The dead body of Mary Phagan is found in basement of National Pencil factory at 3 a. m. by Newt Lee, the negro night-watchman. Police hold Lee, who yater [sic] in the day re-enacts discovery of the remains before city detectives.

April 27—Leo M. Frank, superintendent of the Pencil factory, called from bed to view Mary Phagan’s body at

April 27—Arthur Mullinax arrested on information given the police by E. L. Sentell, who declared he saw the murdered girl in the former’s company at 1220 o’clock on the morning of the murder.

April 28—Coroner Donehoo empanels in metal room on second floor and blood splotched on the floor lead police to believe the girl was killed there.

April 28—Coroner Donehoo empanels jury for inquest, it meets, views body and scene of crime and adjourns.

April 28—The largest crowd that ever viewed a body in Atlanta sees Mary Phagan’s remains at [t]he undertaking chapel.

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Pinkerton Detective Replies to Lanford

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

Atlanta Journal
July 27th, 1913

H. B. Pierce Declares Lanford Knew of Find of Bloody Stick in Factory

H. B. Pierce, head of the local branch of the Pinkerton detective agency, characterizes as absurd Chief Detective N. A. Langford’s [sic] charge that the Pinkerton sleuth has broken faith with the state in the Pinkerton’s investigation of the Phagan case.

Chief Lanford charges specifically that the Pinkerton broke faith by failing to report the find by two of his men of the part of a pay envelope and of a bloody stick on the first floor of the factory. The find was made in the absence of Harry Scott, who has conducted the Phagan investigation for the Pinkertons, and who Lanford says has been absolutely square and fair in all of his dealings with the state and the police.

Pierce, the chief charges, in the absence of Scott, turned the stick and the pay envelope over the attorneys for the defense, and said nothing to him or to the state about it.

Pierce denies this fully, saying that about May 15, only a few days after the find, he mentioned the fact that two of his men had picked up a bloody stick, a part of a pay envelope, and some rope at a certain point on the first floor of the basement.

Lanford, when he was told this, Pierce says, declared that the articles had been placed there as a plant; that his men and Harry Scott and representatives of an insurance company had scoured the three floors of the factory, and that the articles in question could not have been there, but a very short time before they were found.

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Pinkerton Men Brand Lanford Charges False

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

Atlanta Georgian (Hearst’s Sunday American)
July 27th, 1913

Emphatic denial of the charges by Chief of Detectives Lanford that he had kept bad faith with the city department in connection with the investigation of the murder of Mary Phagan was made by H. B. Pierce, superintendent of the Pinkerton Detective Agency in Atlanta, Saturday night.

Chief Lanford’s accusations against the Pinkerton official were mainly that he had withheld evidence from the city police, especially the bloodstained stick and the pay envelope of the Phagan girl, both of which were found by Pinkerton operatives on the first floor of the factory and were later reported in possession of the defense. The Chief intimated that the Police Board would be asked to take action against Pierce personally.

“The stick was submitted to Chief Lanford by myself,” declared Mr. Pierce. “The Mary Phagan pay envelope was shown him by our representative, Harry Scott.

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Pinkerton Chief Scored by Lanford

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

Atlanta Georgian
July 26th, 1913

Says Pierce Broke His Promise

Detective Head Also Asserts Phagan Evidence Private Sleuth Unearthed Was Plant.

Chief of Detectives Lanford roundly scored H. B. Pierce, head of the Pinkerton Detective Agency in Atlanta, Saturday for what he termed questionable procedure in connection with the Phagan murder investigation.

When application was made by the agency for permission to operate in Atlanta and the matter was under consideration by the Police Board, the promise was made that the Pinkerton’s would work in harmony with the city detective department and would co-operate in the apprehension of criminals.

This promise, according to Lanford, has been kept by all connected with the agency with the exception of Pierce. The Chief intimated that the Police Board would be asked to take action against Pierce personally.

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Work on Phagan Case Brings Promotion to Pinkerton Man

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

Atlanta Constitution
July 25th, 1913

As a reward for his success in the Phagan mystery, Detective Harry Scott, assistant superintendent of the Atlanta Pinkerton offices, has been promoted to the superintendency of the Houston, Texas branch, to which he goes immediately following the close of the Frank trial.

Scott’s work has been declared to have been the most successful in the entire Phagan investigation. It was a result of his efforts that the famous Jim Conley confession was obtained, in which admission the negro acknowledged complicity and accused Leo Frank of the actual murder.

The search was at Scott’s direction, which revealed the Phagan pay envelope and the bloody club found in the factory building. He engineered the third degree against Conley, and, assisted by John Black, of police headquarters, procured the evidence which exacted the negro’s confession.

Scott has been attached to the Atlanta offices for two years. He came from the Philadelphia headquarters, where he was assistant superintendent of the Pennsylvania branch. He is married, and is only 27 years old. His experience dates back for seven years, at the beginning of which time he left college for service with the Pinkerton forces.

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Fight Expected Over Effort to Defer Frank Case

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

Atlanta Journal
July 23, 1913

No Witnesses for Defense Have Been Called for Monday, and Indications Are They Will Not Be

CRAWFORD CASE CHECKED TO DATE OF FRANK TRIAL

Attorney R. R. Arnold May Go to Covington to Request Judge L. S. Roan to Postpone Case

While the position of the defense of Leo M. Frank has not been announced, Attorney Luther Z. Rosser and Reuben R. Arnold have indicated clearly that they desire to postpone the trial of case from next Monday, when it is set. Solicitor General Hugh M. Dorsey, on the other hand, has announced the state’s position. He will fight any and every move to postpone the case.

The solicitor general objected, when the case was postponed from June 30, the date he first fixed, and fought to have a date earlier than July 28 when he then saw that postponement was inevitable. Now he is again preparing to fight against further delay.

Deputy Sheriff Plennie Minor was instructed by Judge L. S. Roan, to bring the jury box to Judge John T. Pendleton with the request that he draw the venire for the trial on Thursday morning before the trial judge left to hold court this week in Covington.

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Lanford Ridicules Bludgeon Evidence

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

Atlanta Georgian
July 23rd, 1913

Scouts New ‘Proof’ of Defense

Detective Chief Scoffs at Claim of Evidence That Club Used by Negro Was Found.

Chief of Detectives Newport Lanford Wednesday morning ridiculed the story that the defense of Leo M. Frank has in its possession a bloody club, alleged to have been found by two Pinkerton detectives on May 10 in the National Pencil Factory, and with which, it is reported, the defense will contend Mary Phagan was slain by James Conley, the negro sweeper.

Asserting that he knows nothing whatever of the alleged bloody club, Chief Lanford declared that, if Pinkerton detectives found such a weapon on May 10, or any other date, they had failed to report the fact to him. Failure to officially report such a find would be regarded as a breach of the pact between the city detectives and the Pinkertons, as the latter officers, while employed by the pencil factory, have been working hand in hand with city detectives, with the understanding that any evidence they unearthed would be communicated to detective headquarters.

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Dorsey Fights Movement to Indict Conley

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

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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Counsel of Frank Says Dorsey Has Sought to Hide Facts

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

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

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

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

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

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

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

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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Scott Believes Conley Innocent, Asserts Lanford

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

The Atlanta Constitution

Saturday, July 19, 1913

Chief’s Statement Follows the Publication of Report That Pinkertons Are Now of the Opinion Sweeper Is Guilty.

“OPEN TO CONVICTION,” SCOTT TELLS REPORTER

“Our Testimony in Case Will Be Fair and Impartial,” He Says—Grand Jury Called to Consider Indicting Conley.

DEVELOPMENTS OF DAY IN MARY PHAGAN CASE

Meeting of grand jury called to take steps leading to indictment of James Conley on the charge of murder, over protest of Solicitor General Hugh Dorsey, who declares that indictment of Conley will be useless procedure.

Reported on Friday that the Pinkertons have changed their opinion in case, and now believe Conley guilty of murder, and Leo M. Frank innocent.

Harry Scott, field manager of Pinkertons, is denied permission to see Conley in his cell and subject him to quiz, although always allowed this privilege in past.

“Scott told me he still believes Conley innocent and Frank guilty,” says Chief of Detectives Lanford. “Pinkertons will give fair and impartial testimony at coming trial,” Scott tells Constitution. “Whether it affects Frank or the negro is no concern of ours; we were employed to find the murderer.”

“Conley is dealing fairly with the state of Georgia,” says his attorney, William M. Smith, in making attack on action of the grand jury.

That Harry Scott, field manager for the Pinkertons, came to police headquarters yesterday afternoon immediately following the publication of a story to the effect that the Pinkertons now believed in Conley’s guilt, and declared that he still held to the theory that the negro was innocent and Frank guilty, was the assertion made by Newport Lanford, chief of detectives, last night.

“Scott told me,” said the chief last night, “that there was no truth in the article so far as he personally was concerned, and that he continued firm in the belief that Conley was innocent.

“He has maintained throughout the investigation that Frank is guilty, and that Conley had nothing more to do with the crime than the complicity to which he confessed. He came to me Friday especially to deny the story.

Why Scott Was Barred.

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Pinkertons Now Declare Leo M. Frank Is Innocent

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

The Atlanta Journal

Friday, July 18, 1913

*Editor’s Note: Small sections of text are missing due to scanning near a crease.

NOTED SLEUTHS WHO HAD ACCUSED FRANK NOW CHANGE THEORY

Harry Scott, Field Chief of the Pinkertons, Refuses to Discuss the Agency’s Change of Theory.

AGENTS HAVE WORKED ON CASE ALONG WITH POLICE

The Pinkertons Were Employed by the National Pencil Factory Immediately Following the Murder

That the Pikerton [sic] detectives, who for so many weeks held to the theory that Leo M. Frank is guilty of the Mary Phagan murder, now lay the crime to the door of Jim Conley, is a recent development of interest to the students of the murder mystery.

While Harry Scott, the field chief of the Pinkerton operatives, who have been working on the case practically from the first, employed by the National pencil factory to find Mary Phagan’s murderer, regardless of who the criminal might be, refuses to discuss the case, the Journal has learned from unquestioned authority that the theory of the Pinkertons has undergone a change.

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Detectives Working to Discredit Mincey

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

The Atlanta Georgian

Friday, July 18, 1913

POLICE HALT GRILLING OF CONLEY

Detective Bent on Questioning Negro Is Barred From Cell by Chief Lanford.

With Pinkerton detectives taking the trail in search of W.H. Mincey, whose startling accusations against Jim Conley stirred the police department and won the negro another “sweating” from Solicitor Dorsey, the Mincey affidavit Friday became the storm center about which the prosecution and defense in the Frank case waged their battle.

Despite the degree of indifference with which the detectives and prosecuting officials affected to look upon the remarkable statements of Mincey, it became known Friday that every effort was being bent toward locating him and turning the light on his past history.

Pinkertons Have Clew.

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Indictment of Conley Puzzle for Grand Jury

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

The Atlanta Georgian

Sunday, July 13, 1913

*Editor’s Note: Some text is blurred in the original document, and illegible text is marked by “[…]”. The text box insert is transcribed at the bottom of this post.

Old Police Reporter Declares True Bill Against Negro Might Alter Entire Frank Prosecution.

RULES OF EVIDENCE CITED

Mincey Affidavit May Have Important Bearing on Defense of Pencil Factory Manager.

By An Old Police Reporter.

Persistent rumors have been abroad of late that the present Grand Jury may indict James Conley for the murder of Mary Phagan.

This is interesting, for if the Grand Jury should indict Conley it would set up a situation immediately possible of most decided results.

Frank already has been indicted, for reasons presumably sufficient to the Grand Jury then acting upon his case.

Would the present Grand Jury be justified in proceeding to the indictment of Conley, notwithstanding the former Frank indictment?

Unquestionably it would, if the circumstances of the case warranted it—indeed, there are many who will think it should proceed to that, if in that way justice seemed more likely to be established.

In getting a point of view in this matter, I have found it necessary to go back to the beginning, and to ask myself this:

Would the Grand Jury, in possession of all the present facts and circumstances pointing toward either Conley or Frank as the guilty man, have indicted Frank or Conley, as a primary proposition?

Much Room for Speculation.

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