Author Archives: Chief Curator

Frequent Clashes Over Testimony Mark Second Day of Frank Trial

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

Atlanta Journal
July 29th, 1913

QUESTIONS DIRECTED AT NEGRO INDICATED AN EFFORT TO THROW SUSPICION UPON WATCHMAN

“We Might as Well Begin to Show the Negro a Criminal Now as Later,” Declared Attorney Rosser, In Arguing for Admissability of His Questions—Negro Was Taken Over His Testimony Many Times in Effort to Break Him Down

INDICATIONS TUESDAY ARE THAT TRIAL WILL LAST MANY DAYS, PROBABLY AS LONG AS TWO WEEKS

Morning Session Enlivened by Clashes Between Attorneys, Every Point Is Bitterly Contested—Frank Keeps Serene and Untroubled Throughout Session—Full Story of Testimony Given by Witnesses During the Morning

After a luncheon recess of an hour and a half Tuesday the trial of Leo M. Frank was resumed at 2 p. m. with Police Sergeant L. S. Dobbs still on the witness stand. The morning session was given over to the continued examination of Newt Lee, the negro night watchman, and the direct and cross examination of Sergeant Dobbs.

There were frequent clashes between the attorneys for the defense and the solicitor during the morning. Every point was bitterly contested, and once the jury was sent from the room while the lawyers argued the fine points of the law. It was evident that the case was to be fought at every point.

The most significant feature of the morning session was an intimation by Attorneys Rosser and Arnold, counsel for Frank, that they might seek to connect the negro nigh watchman with the murder. It was during a colloquy between the lawyers for the defense and the state relative to the admissibility of the negro’s testimony as to what was said to him by the police officers about the contents of the notes found beside Mary Phagan’s body.

Solicitor Dorsey made the point that the notes had not yet been introduced as evidence and unless the defense was seeking to impeach the witness or to connect him with the crime it was not proper for him to questioned concerning the contents of the notes.

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Tragedy, Ages Old, Lurks in Commonplace Court Setting

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

Atlanta Georgian
July 29th, 1913

Outwardly Quiet and Singularly Lacking in Excitement, Frank Trial is Enactment of Grim Drama.

By JAMES B. NEVIN.

One of the most commonplace things in the world—crime—is riveting the attention of Atlanta and Georgia to-day.

Crime is almost as commonplace as death—and yet death, in a thousand ways, never is commonplace at all.

If I were a stranger in Atlanta and should walk into the courthouse where Leo Frank is being tried for the murder of Mary Phagan, doubtless I should be utterly astounded to discover what I had walked into.

That pale-faced, slight, boyish-looking party over there—the one sitting beside the massive frame of Luther Z. Rosser and the well-groomed person of Reuben Arnold—I should be shocked, I am sure, to learn that he stands charged with one of the blackest, most inhuman and most unspeakable crimes in all Georgia’s somewhat long and varied catalogue of crime.

Yet that is the truth—Leo Frank is answering to the charge of the Grand Jury, and he has pleaded not guilty.

Crime and wrongdoing began, of course, when Mother Eve, through no motive other than curiosity, and without malice aforethought, either expressed or implied, bit a small and toothsome morsel from the first apple.

Cain performed the first murder not so very long afterward.

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Lee’s Quaint Answers Rob Leo Frank’s Trial of All Signs of Rancor

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

Atlanta Georgian
July 29th, 1913

By L. F. Woodruff

A page was ripped from a story of Harris Dickson. “Old Reliable” was paraded in the life in as somber a setting as was ever conceived and the temper of the audience that is following the fortunes of Leo Frank through his struggle for life and liberty was revealed.

Some sinister things have been said of the spirit of Atlanta in reference to the trial of the pencil factory superintendent as the slayer of Mary Phagan. It was whispered once that the law would not be allowed to take its course, but that, those who believe Frank guilty would take vengeance as their own.

And, on the other hand, it has been said in sotto voce that the purses of Frank’s friends would be opened to the last penny to see that he receives a verdict of acquittal.

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Defense Wins Point After Fierce Lawyers’ Clash

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

Atlanta Georgian
July 29th, 1913

STATE TRIES TO SHOW GIRL WAS STRANGLED ON THE SECOND FLOOR

Here are Tuesday’s important developments in the trial of Leo M. Frank on the charge of murdering Mary Phagan in the National Pencil Factory, Saturday, April 26.

Newt Lee, negro night watchman at the pencil factory, leaves the stand after four hours and forty minutes of examination and cross-examination with the essential points of his story unshaken.

Efforts to discredit the negro’s story result only in showing several discrepancies in the story he told before the Coroner’s jury and his testimony on the stand at the trial.

All attempts to confuse Lee by telling him that the stenographer’s report of the inquest has him making slightly different statements met invariably with his declaration that “they didn’t get it right down there.”

L. S. Dobbs, police sergeant, testifies to the finding of the body of the Phagan girl and says that Lee had a ready interpretation of the two notes when they were found by the dead body.

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Jurors in Leo M. Frank Case Must Answer Four Questions

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

Atlanta Constitution
July 28th, 1913

Chief interest in the case of Leo M. Frank, which is scheduled to begin today, centers in the selection of a jury, the first 144 veniremen, having been drawn last Thursday and published in The Constitution on Sunday.

It seems to be the general opinion that this panel will be exhausted and others summoned before a jury is secured. Attorneys for both sides are of the opinion that it will take about a day to select a jury, which would let the hearing of evidence begin on Tuesday, or on Wednesday, if it should happen that the task becomes so difficult as to consume two days.

Many Are Disqualified.

Owing to the universal interest in the developments growing out of the murder of little Mary Phagan in the National Pencil factory, many men have disqualified themselves from serving on the jury through an expression of their opinion as to the guilt or innocence of the prisoner at the bar today.

The veniremen who will appear in court this morning will be asked to answer four questions, prescribed by the code of Georgia as follows:

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Leo Frank’s Trial on Murder Charge Booked for Today

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

Atlanta Constitution
July 28th, 1913

Judge L. S. Roan Announces That He Will Call Case at Nine O’Clock This Morning.

LAWYERS BELIEVE JURY WILL BE NAMED IN DAY

Legal Representatives Take Good Rest on Sunday in Preparation for Struggle That Begins Today.

After weeks of preparation by some of the most skilled legal minds in the state and after every point in the affair that has been made public has been discussed and threshed out by thousands of citizens, the case of the state v. Leo M. Frank, charged with the murder of little Mary Phagan, will be called at 9 o’clock today.

Event after event has followed in rapid succession since the morning of April 27, when Atlanta arose to wend its way to church and read of the finding by police of the little girl’s dead body in the basement of the National Pencil company, on South Forsyth street. Newt Lee, the negro night watchman, who called the police, was arrested, and is still held. J. M. Gantt and Arthur Mullinax, two white employees, were then arrested, and afterwards freed. Then the young factory superintendent was taken into custody.

Then Conley’s Affidavit.

Then came the arrest of James Conley, negro sweeper, who stayed in jail apparently unheeded until he burst forth with his sensational affidavits against the superintendent.

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State Opens Its Case Against Leo M. Frank

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

Atlanta Journal
July 28th, 1913

JURY COMPLETED BEFORE RECESS AND STATE WAS READY TO BEGIN INTRODUCTION OF ITS TESTIMONY

Last Man In the Last Panel Was Accepted as the Twelfth Juror and Cleared the Way for the Actual Trial of the Case When Court Reconvened at 3 o’Clock—Newt Lee Will Probably Be the First Witness Placed on the Stand

BOTH THE STATE AND DEFENSE SEEMED SATISFIED WITH TWELVE MEN CHOSEN TO TRY IMPORTANT CASE

Proceeding During the Morning More Like That of a Civil Than a Criminal Case—Court Room Crowded, but Not Uncomfortable—Frank Appears in Court, Showing No Sign of Worry—Full Story of the Morning Session

Sidebar:

PERSONNEL OF FRANK JURY; ALL MARRIED EXCEPT ONE

With one exception the jurors for the Frank trial are married men and five are fathers. Among them is one bank teller, one bookkeeper, one real estate agent, one manufacturer, one contractor, one optician, one claim agent, one mailing clerk, two salesmen and two machinists.

The following are the jurors:

M. Johemmings, married, foreman at 271 Marietta street, residence 161 Jones avenue

M. L. Woodward, married and father of two children, salesman at King Hardware company. He resides at 182 Clark street.

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Woman Charges Police Forced Her to Make False Statement

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

Atlanta Journal
July 28th, 1913

Negro Cook in the Selig-Frank Home Repudiates Affidavit She Swore to Against Frank, Will Refuse to Swear to the Paper, She Says

Minola McKnight, the negro cook, who signed an affidavit which is to be used by the prosecution against Leo M. Frank, said Monday morning that the police, by three hours’ sweating, forced her to sign this affidavit, and that when she is called as a witness that she will refuse to testify to the statements set forth in it.

The substance of the affidavit was that, on the morning following the murder of Mary Phagan, Mrs. Frank came downstairs at the home of her parents, Mr. and Mrs. Emil Selig, with whom she and Frank made their home, and said that Frank had asked for a pistol with which to kill himself.

At the time the negro cook signed this written statement of what is said in the affidavit to have happened at the Selig residence on the day following the murder, she was confined at police station.

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Former Suspect Will Be Happy No Matter How Frank Case Ends

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

Atlanta Journal
July 28th, 1913

J. M. Gantt Is to Be Married Sunday, Provided Trial Is Over—He Has Planned to Elope, but Now He’ll Have “Sure Enough” Wedding

There is one man connected with the case of Mary Phagan to whom the conclusion of the trial will bring a great happiness. He is J. M. Gantt, at one time a suspect and now a witness.

The day that brings the end of the trial will bring to him a wife.

Monday morning he sat on the steps leading to the second floor of the courthouse, chewing on the end of a dead cigar. And he told how Miss Annie Chambers, to whom he was to have been married many weeks ago, has promised to wed him, next Sunday, provided the Frank trial is over.

“We were going to elope just before this thing happened,” said Gantt, “but guess now we’ll have a regular formal wedding. It’ll come off next Sunday if we can make it then, if not, why, later. I was trying to get to Marietta, where we’ll live, the day I was arrested. God helping me, I’ll get there this time, and Annie will be with me.”

Mrs. Leo Frank and Her Mother Cheer Prisoner at Courthouse

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

Atlanta Journal
July 28th, 1913

Accused Neither Care-Worn Nor Haggard—His Eyes Meet Those of Crowd Without Faltering

There was one question on the face of every member of the big crowd in and around the courthouse Monday morning. To those standing without in the street, to those crowding the corridors and hallways, to witnesses flowing through rooms on the second floor, to the packed courtroom, the query was, where is the prisoner.

The man to whom the trial meant more than it meant to any other human being, had been brought to the courthouse early in the morning.

He was in a bare walled little room a few feet from the doorway leading to the court. With him sat two deputy sheriffs, his father-in-law, Emile Selig, and a friend.

From time to time during the morning the curious slipped to the door and gazed in at the accused. They saw a little man whose dark eyes gazed at them unwinking through big glasses. He was pale, but neither care-worn nor haggard. He wore a light gray suit striped with darker gray, black shoes, and a black and white four-in-hand tie.

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No New Testimony Will Be Given to Jury by Newt Lee

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

Atlanta Journal
July 28th, 1913

Negro Nightwatchman Says He Doesn’t Know Conley, the Sweeper—Merely Will Repeat Story of Finding Body

Newt Lee’s testimony to the jury, before which Leo M. Frank is to be tried, will repeat his statements to the police. He will add nothing new, and will give no testimony involving Conley, the negro sweeper.

To the jury, as to the police, Newt Lee will describe merely how he found the body of the murdered child in the cellar of the pencil factory, and afterward told the police of his discovery.

As he waited at the court house with other witnesses Monday morning, he said that Conley, the sweeper is unknown to him, and that he has told all that he can tell.

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Court Scenes at Frank Trial; How It Looks Inside and Out

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

Atlanta Journal
July 28th, 1913

Three Distinct Crowds Are There, Some Laughing, Some Whispering Speculations on Case

There were three crowds at the Frank trial Monday morning; and each had an aspect and characteristic as different as east from west—the crowd in the court room, the crowd around the door and in the street, and the throng of witnesses swarming through the upstairs rooms.

As one approached the red brick court house down Hunter street, he could see the corner near Pryor black with people. A car would turn the curve, the motorman clanging his gong vigorously before the packed mass would open and let the car grind by.

They were mostly men and boys. At intervals a woman accompanied by an escort would struggle into the doorway and up the stairs. She was a witness probably a factory girl.

Clean across Pryor street the crowd outside extended. People stood in the doorway of a drug store, in the street, in little groups on the sidewalk. It was a silent throng on the whole, speculating in whispers as to what was happening within.

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Additional Newspaper Transcriptions

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Several Atlanta Constitution newspaper articles were unavailable a few weeks ago for transcription and were skipped over in the postings. Original copies of the newspapers were used to transcribe these missing Leo Frank case articles. As the postings on this website are, for the most part, in chronological order from the date of the murder, the Constitution articles were backdated and published where they would have been otherwise, in older posts. The dates of these articles run from July 23rd to July 26th of the Atlanta Constitution.

Frank Jury

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

Atlanta Georgian
July 28th, 1913

Here is the Frank jury complete:

A. H. Henslee, 74 Oak street; salesman.

F. V. L. Smith, 481 Cherokee avenue, manufacturer’s agent.

J. F. Higdon, 108 Ormewood avenue.

F. E. Winburn, 213 Lucile avenue, claim agent.

A. L. Wisbey, 31 Hood street, cashier of the Buckeye Oil Company.

W. M. Jeffries, a real estate man, with offices at 318 Empire building.

Marcellus Johemming, 161 James street, a machine shop foreman with offices at 281 Marietta street.

M. L. Woodward, cashier King Hardware Company, 182 Park avenue.

J. T. Osburn, an optician for A. K. Hawkes, was chosen from the fifth panel to be the ninth juror.

D. Townsend, 84 Whitehall Terrace, cashier Central Bank and Trust Corporation, tenth juror.

W. S. Medcalf, 136 Kirkwood avenue, circulation man.

C. J. Bosshardt, pressman, employed by Foote & Davies, 216 Bryan street.

Mary Phagan’s Mother Testifies

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

Atlanta Georgian
July 28th, 1913

Newt Lee Repeats His Story in Court Room

Negro Watchman Swears Frank Acted Oddly Day of Crime

Here are the important developments in the trial of Leo M. Frank for the murder of Mary Phagan.

Jury chosen at 1:30 p. m.

Mrs. Coleman, girl’s mother, takes stand after recess, at 3:15, and tells of Mary leaving for the factory 11:45 a. m. on April 26.

George W. Epps, boy companion of Mary Phagan, repeats his story that he had an engagement to meet her on the afternoon of the fatal day.

Newt Lee, night watchman at the factory, begins his story of the finding of the body and subsequent developments.

Mrs. J. W. Coleman, mother of murdered Mary Phagan, was the first witness for the prosecution at the trial of Leo Frank Monday afternoon. After answering several questions she broke down completely when the solicitor exhibited the little lavender skirt worn by her daughter when she last saw her alive. She covered her face with a fan and for several minutes could not answer a question.

The first question asked her was:

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Frank, Feeling Tiptop, Smiling and Confident, is Up Long Before Trial

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

Atlanta Georgian
July 28th, 1913

Frank was escorted from the Tower to the courthouse shortly after 6 o’clock in the morning, nearly three hours before the trial was schedule to begin. This was done to avoid the curious crowd which it was expected would be about the courthouse and thronging the corridors at 9 o’clock.

Frank was up and dressed and freshly shaven when Deputy Sheriff Plennie Miner appeared before his cell at the early hour.

“How are you feeling this morning Mr. Frank?” the deputy inquired.

“Tip top, only, I’m mighty hungry,” replied Frank.

Exhibiting the same poised confidence that has characterized him through three months since he was locked in a cell in the county jail, the young factory superintendent chatted freely with Miner on the way to the courthouse.

Sure He Will Be Freed.

He was attired in a natty light gray mohair suit and wore a fancy gray tie. His face was fuller and he appeared slightly heavier than when he was arrested shortly after the murder of the Phagan girl. He seemed cheerful and in the best of health.

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Jury Complete to Try Frank

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

Atlanta Georgian
July 28th, 1913

Wife Helps Prisoner Pick Men to Try Him

All in Readiness for Real Trial to Begin After Short Recess

Events on the opening day of the trial of Leo M. Frank, accused of the slaying of Mary Phagan in the National Pencil Factory, moved with such unexpected swiftness that it was apparent that the trial proper would be under way and the first witnesses called before the close of the first day’s session. The jury had been completed by the time recess was taken at 1:30.

After a few preliminary clashes between the opposing attorneys which presaged a bitter struggle when the fight for Frank’s life actually was begun, the court settled down to the selection of the jury. The whole morning session up to the recess was occupied with the examination of veniremen.

All the force of attorneys at the table for the defense watched with keen eyes every man examined and frequently referred to a voluminous r[e]cord containing the names of all the veniremen and detailed statements of their history and associations so far as these might have a bearing on their desirability as jurors to pass on Leo Frank’s guilt or innocence.

The keenest interest was manifested by those in the crowded little courtroom as the strategies of the brilliant lawyers were revealed during the examination.

State Had Veniremen’s Records.

The thoroughness with which the Solicitor and his assistants had canvassed the history of every venireman and had investigated whether or not he had ever expressed an opinion on the guilt or innocence of the accused was demonstrated when W. W. Hemmett, a salesman for the Kingsbury Shoe Company, was being examined as to his qualifications.

“Have you ever said you thought Frank was guilty?” Mr. Dorsey inquired.

“No, I never have,” replied Hemmett.

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All in Readiness for Frank’s Trial Monday Morning

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

Atlanta Constitution
July 27th, 1913

Greatest Legal Battle in the History of Dixie Is the Prediction of Atlanta Attorneys

ATTORNEYS FOR STATE HOLD FINAL CONFERENCE

Representatives of Leo Frank Still Non-Committal About Report That Postponement May Be Asked

Practically every detail for the trial of Leo M. Frank has now been completed and with the state declaring its readiness and determination to go to trial and the defense maintaining its same silence in regard to the much mooted matter of postponement every thing awaits the calling of the case at 9 o’clock Monday morning in the criminal branch of superior court before Judge L. S. Roan.

In far more than one was the trial of the young factory superintendent for the murder on April 26 of Mary Phagan an employee, is expected to exceed any criminal trial in the south.

Extensive preparations have been made by both the state and the defense since Frank was bound over by the coroner’s jury on May 8 and since then the lines of the two armies which will fight the legal battle to determine his fate have been gradually thrown out and maneuvering has been going on for advantageous points.

Greatest Legal Battle.

When the clash actually comes in the court room Atlanta attorneys freely predict that the greatest legal battle of southern history will be seen.

Solicitor Hugh M. Dorsey held a final conference Saturday afternoon with those who have been aiding him. Assistant Solicitor E. A. Stephens and Attorney Frank A. Hooper who will aid in the legal fight, were present, and also Detectives Pat Campbell and John N. Starnes who have been practically attached to the solicitors office during the preparation.

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Frank’s Story of His Moves on Day of Crime

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

Atlanta Journal
July 27th, 1913

Accused Superintendent’s Story Is Unbroken by Any Save a Negro

Leo M. Frank’s sworn statement of his whereabouts each hour on the day of April 26, when Mary Phagan met her death, is of unusual interest in the case, especially since no witness except Conley had been found, at least as far as the public knows, who can break his story.

Frank’s statement of his whereabouts as given at the coroner’s inquest, when he was under oath, follows:

SATURDAY APRIL 26.

7 o’clock a. m.—Arose and dressed at home.

8—Left home for the factory office.

8:20—Arrived at the factory office.

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Here is Conley’s Confession Around Which Bitter Fight is Expected in the Frank Trial

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

Atlanta Journal
July 27th, 1913

There is little doubt that the storm-center, so to speak, of the Frank trial will be the testimony of the negro sweeper, James Conley. He will be the principal witness for the state and all of the other evidence of the prosecution will be shaped with a view to corroborating and strengthening his story which places the murder of Mary Phagan upon the factory superintendent.

And the defense will chiefly concern itself with the task of discrediting the negro’s testimony. It will bend its energies to prove that Conley has lyingly accused Frank and will offer evidence designed to fasten the crime upon the negro.

These facts being true the public will be interested in reviewing the sworn confession made by Conley to the city detectives. It follows:

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