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Friday, 13th June 1913 Negro Conley May Face Frank Today
June 13, 1913
Hearing Before Judge Roan Today Will Decide Whether Negro Will Be Sent to Tower.
Whether James Conley, the negro sweeper, who swears that Leo Frank got his aid in disposing of Mary Phagan's body and made him write the notes found near her, will be held as a material witness in the county jail or turned free and re-arrested by detectives as a suspect and then kept at police station, is due to be decided at 10 o'clock on the hearing of the rule nisi before Judge L. S. Roan.
The question of Conley's liberty is not at stake, as the solicitor as well as Attorney L. Z. Rosser, for Frank, and the negro's own lawyer, W. M. Smith, have announced that they desire him held.
Judge Roan has reached the decision that the negro should be kept at the Tower, where it is claimed that he does not wish to stay, as he asserts that he was intimidated while spending one night there after swearing to writing the notes.
Frank's attorneys …More
Friday, 13th June 1913 Negro Freed But Jailed Again On Suspicion
Friday, June 13, 1913
Rosser Declares ‘Gibbering Statements' Point Out Sweeper as Guilty of Slaying.
James Conley, self-confessed accessory after the fact in the murder of Mary Phagan, Friday was discharged by Judge L. S. Roan entirely from the custody of the State on the petition of Solicitor Dorsey.
Technically free, Conley was at once rearrested and held by the police on suspicion in the murder mystery. The action of Judge Roan constituted a victory for Solicitor Dorsey, who was fighting to prevent the authorities returning Conley to the Tower, from which he had been taken on the representation of his attorney, William M. Smith, that the negro was threatened and intimidated in the Tower.
Luther Z. Rosser, attorney for Leo Frank, made a bitter protest against the liberation of the negro, which, in the opinion of Judge Roan, was the only legal alternative of returning him to the county jail. He made a still stronger …More
June 13, 1913
Felder Says He Will Be Produced at the Proper Time. Notary Declares Affidavit Is Genuine.
Miss Jeannette Henning, the notary public whose official seal was attached to the affidavit made recently by George Gentry, has informed The Constitution that she took the document from him last Monday, and that although it is genuine, she does not know its contents. She states that she had never met Gentry prior to the time he made the affidavit.
Chief Beavers, who has for the past several days been attending the convention of national police chiefs in Washington, is conducting a search of that city for the young stenographer. He is assisted by a number of detectives put at his command by Major Sylvester, head of the Washington police department.
Beavers was requested by Detective Chief Lanford to find Gentry, and to ascertain positively whether or not the youth had attested to the startling affidavit. Thursday noon, Lanford received a message from the chief saying that he was unable …More
Friday, 13th June 1913 Judge Roan to Decide Conleys Jail Fate
Friday, June 13th, 1913
Chief of Detectives Lanford Receives No Order to Take the Negro Sweeper to Court.
A more explicit accusation of murder against Jim Conley, negro sweeper at the National Pencil Factory, than has yet been made since his name has been connected with the Phagan mystery, was expected Friday morning when Luther Z. Rosser, attorney for Leo Frank, was to appear before Judge L. S. Roan to combat Solicitor Dorsey's move to keep Conley at the police station and away from the tower.
The probability that Conley, accuser, and Frank, accused, would be brought face to face at the hearing was lessened when it was learned that Chief of Detectives Lanford had received no order to take the negro into court and had made the statement that he would not bring the negro out of the station without an order to that effect.
The hearing Friday morning was understood to be largely the outcome of a persistent demand on the part of …More
Friday, 13th June 1913 Solicitor H. M. Dorsey Wins in First Clash; L. Z. Rosser Declares Procedure a Farce
Friday, June 13th, 1913
Conley is Prisoner of City Detectives, Not of State, Now
Conley Says His Attorney Believes Idea of Transfer Originated With Friends of Frank, to Harm Him
JUSTICE WARRANT MAY ROB DORSEY OF VICTORY
As Negro Is Held Simply on Suspicion, Any Citizen Might Secure Transfer to Tower on J. P. Warrant
James Conley, the negro sweeper, passed from the custody of the superior court Friday morning, and Solicitor General Dorsey won the first legal point in the prosecution of Leo M. Frank, who has been indicted for the murder of Mary Phagan.
Judge L. S. Roan, after a short hearing, which commenced in his chambers at 10 o'clock, granted the solicitor's petition that the court's former orders holding Conley as a material witness in the case against Frank, be revoked, thus preventing his transfer to the county jail.
When the court's action became formally known at police …More
Friday, 13th June 1913 Luther Z. Rosser Declares Detectives Dare Not Permit Jim Conley to Talk Freely
Friday, June 13, 1913
"Conley and His Counsel Are Wise—Their Hope Is That the Detectives Will Save Negro From a Confession, Giving Him Immunity, Provided He Continues to Put Guilt on Frank"
Several sensational points are contained in the written answer which Rosser & Brandon, attorneys for Leo M. Frank, made Friday morning to the rule nisi issued by Judge L. S. Roan calling upon Leo M. Frank, Newt Lee, or any other person suspected of the murder of Mary Phagan, or any citizen of the state of Georgia, to show cause why James Conley, the negro sweeper, should not be released as a material witness.
This answer was filed by Attorney Rosser, wkho [sic] referred to it as a "protest" and who asked that it be made a part of the court record. In it the attorneys for Frank declare that "to enact the farce in the court's presence of releasing the negro and immediately return him to his wet nurses …More
Thursday, 12th June 1913 Courts Order May Result in Meeting of Negro and Frank
Thursday, June 12th, 1913
Jim Conley, Negro Sweeper, Accusing Witness in Phagan Case, Sure to Appear Before Judge Roan Friday A. M.
STATE MAY DEMAND THAT FRANK APPEAR THERE TOO
Through Judge's Order, Defense Gets Chance to Quiz Negro—State Then May Force Long-Sought Meeting
The probability that Leo M. Frank, accused of the murder of Mary Phagan, and Jim Conley, negro witness against him, may face each other Friday, developed Thursday morning from the acute situation which arose Wednesday when Judge L. S. Roan issued a rule niel calling on any one to show cause why the negro Conley should not be released from the custody of the state. Solicitor Dorsey seeks the negro's release so as to avert the judge's expressed intention of remanding Conley to the county jail, but the solicitor does not seek the negro's liberty, nor does Conley want to get out of the hands of the police, nor does Conley's attorney, W. M. …More
Thursday, 12th June 1913 Chief Beavers Unable to Locate Gentry
June 12, 1913
He Wires Chief Lanford That Young Stenographer Can't Be Found
All efforts on the part of Detective Chief Lanford to locate George M. Gentry, the stenographer who wrote the famous dictograph records, have failed.
Following the publication Wednesday of an affidavit from Gentry made in Washington, D. C., in which the young stenographer charged that the dictograp [sic] records were padded after he had written them. Chief Lanford wired to Police Chief James L. Beavers, who is attending the police chief's convention in that city, to locate Gentry.
Thursday afternoon, Chief Lanford received the following telegram from Chief Beavers:
"Washington, D. C.,
"June 12, 1913.
"N. A. Lanford,
"Chief Detectives.
"Atlanta, Georgia
"Have been unable to locate Gentry.
"JAMES L. BEAVERS."
Chief Lanford takes for granted that Chief Beavers enlisted the aid of the Washington police and detectives in his search for Gentry and their …More
Thursday, 12th June 1913 Face Conley and Frank, Lanford Urges
Thursday, June 12, 1913
Detective Chief Ready to Have Accuser Confront Prisoner Before Grand Jury.
New sensations are expected in the Phagan mystery Friday morning when the petition of Solicitor Dorsey for the revocation of the order holding James Conley as a material witness is heard before Judge L. S. Roan.
Luther Z. Rosser, attorney for Leo Frank, will be afforded his first opportunity formally to present his reasons for the holding of James Conley, not only as a material witness in the baffling murder mystery, but as an actual suspect.
While it is not anticipated that the attorney will disclose his hand too freely, it is to be supposed that he will present every argument he believes necessary to keep the negro in the custody of the State.
Lanford Agrees to Test.
Chief of Detectives Lanford Thursday replied to the demand of Luther Z. Rosser that Jim Conley be taken before the Grand Jury by making the startling proposition …More
Thursday, 12th June 1913 Grand Jury Will Probe Affidavits About Dictagraph
June 12, 1913
Investigation of Charges and Counter Charges Will Begin at Early Date and Will Be Exhaustive One.
LANFORD SAYS GENTRY WILL DENY AFFIDAVIT
Affidavit Is Made Declaring Dictagraph Instrument Was Secured by Chief Lanford For Use in Phagan Case.
Following close on the heels of the publication of the George M. Gentry affidavit, in which the young stenographer states that his typewritten report of the dictagraph conversation was padded, and says that he left town after he had discovered that he had fallen in with a "crowd of crooks," comes the assurance that the grand jury will at once make a searching probe of the detective department in an effort to establish the truth regarding the many charges and counter charges that have been afloat since the dictagraph sensation was sprung.
Members of the grand jury take the position that if the Gentry affidavit is true, it constitutes a stinging indictment of the …More
Wednesday, 11th June 1913 Conley’s Status in Phagan Case May Be Changed Wednesday
June 11, 1913
Petition Will Be Presented to Judge Roan by Solicitor Dorsey but Its Nature Is Not Made Known
ROSSER'S CARD CAUSES ACTIVITY BEHIND SCENES
Negro May Be Put Back in the Tower – Solicitor Dorsey Says: "I Am Trying to Run State's Case Myself"
The report became current Wednesday afternoon shortly after 3 o'clock that the new development in the Phagan case would be a withdrawal by the state of its petition in court whereunder James Conley, the negro, is held as a material witness.
Shortly before 3 o'clock, William Smith, attorney for the negro, and Solicitor Dorsey appeared at the court house together, for this purpose, it was said.
Attorney Smith does not want the negro confined in the Fulton county jail, where he declares he was menaced during the one night that he spent there after his affidavit became public. There has been no insistence from Attorney Smith. It is said, that any damage whatever …More
Wednesday, 11th June 1913 Gentry Now Says Dictograph Record Was Tampered With
Wednesday, June 11th, 1913
Detective E. O. Miles Gives Out Affidavit From Young Stenographer Repudiating Transcript He Swore to
AFFIDAVIT OBTAINED IN WASHINGTON D. C.
G. C. Febuary Gives Out a Statement, Telling How Notes Were Transcribed and Affidavits Made
The accuracy of the now famous pictograph records of alleged conversations between Thomas B. Felder, Mayor Woodward, C. C. Jones, E. O. Miles, G. C. Febuary and A. S. Colyar is attacked in an affidavit which E. O. Miles has turned over to Mayor Woodward and which he says he obtained from George M. Gentry, the young stenographer who took down the dictograph conversations.
This affidavit was made in Washington D. C., where Miles, one of the dictographed parties, who is a private detective, says he found Gentry. According to this affidavit, Gentry swears that a number of changes were made in the pictograph records after they were transcribed by him. The only …More
Wednesday, 11th June 1913 T. B. Felder Accounts for Subscriptions Received
une 11, 1913
Says Only $102 Was Paid Into Fund to Employ Burns Detectives
Attorney Thomas B. Felder Wednesday morning issued a card to the public in which he accounts for the funds subscribed to employ the Burns detectives to work upon the Phagan murder case. He reports that but $102 was collected.
Mr. Felder announces that all subscriptions paid in have been returned to the subscribers and that those who have subscribed but have not yet paid are not expected to do […] submits a letter and detailed statement from C. N. Anderson, the treasurer of his law firm, in which it is stated that the expenses incident to the employment of the Burns detectives have been charged to Mr. Felder's personal account.
In conclusion Mr. Felder says that his connection with the controversy is ended and that he will in due season ask a committee from the bar association to pass upon the regularity of his employment in the Phagan case. …More
Wednesday, 11th June 1913 Police Hold Conley By Courts Order
Wednesday, June 11th, 1913 Judge Roan Gives Suspect Chance to Show Why He Should Not Be Released. The Phagan case took a queer turn Wednesday afternoon when Judge Roan, apparently stirred by Luther Z. Rosser's ar[r]aignment of the way Jim Conley has been "petted" by the police, issued notice to suspects in the mystery that they will be given opportunity Friday to show cause why the negro should not be released from custody as a suspect. However, the move is strictly legal in character, Conley, through his attorney, W. M. Smith, having signed a written statement to stay in the custody of the police as a principal witness if previous orders are vacated and he is legally freed as a suspect. Agrees to Remain. Judge Roan informed Solicitor General Hugh M. Dorsey that he wanted to withdraw his previous order committing Conley to the police station so that the negro's status could be definitely fixed and so that he could perhaps be …More
Wednesday, 11th June 1913 Asks Beavers to Investigate Affidavit
Wednesday, June 11, 1913
Chief of Detectives Newport Lanford telegraphed Chief of Police Beavers in Washington, D. C., Wednesday morning to investigate the origin of the affidavit bearing the signature of George M. Gentry in connection with the dictograph plot.
The detective chief asked Chief Beavers to find Jeannette Henning, the notary in the national capital who swore Gentry to his statement, and ascertain if the stenographer signed the affidavit which was brought to Atlanta by Detective E. O. Miles. The telegram asked that a minute investigation of the statement be made and the conditions under which it was made be wired to him immediately.
Chief Lanford's action was taken following his declaration that he did not believe the affidavit genuine. Lanford stated as his belief that the stenographer's name had either been forged or that Gentry has been coerced into signing the document.
Police officials have also conducted …More
Wednesday, 11th June 1913 Felder Returns Phagan Fund to Givers
June 11, 1913
Attorney Explains Disposition of Money Subscribed to Secure Burns' Services.
Colonel Thomas B. Felder Wednesday issued an itemized statement of the funds subscribed by Atlanta citizens, to secure the employment of the Burns Detective Agency to investigate the Phagan mystery, to show that these funds had been returned to the donors.
According to Mr. Felder's statement, but $102 was actually subscribed. This amount was placed in the hands of Curtis N. Anderson, a member and treasurer of the law firm of Felder, Anderson, Dillon & Whitman. In a letetr [sic] to Colonel Felder, dated June 9, Mr. Anderson gives the following disposition of the fund:
"I have received from contributions to the Burns fund $102. Several of the contributions were anonymously made; in the majority of other cases contributors requested that their names be withheld, and in some cases the addresses of the parties making the donations are unknown …More
Tuesday, 10th June 1913 Leo Frank Reported Ready for His Trial
Tuesday, June 10, 1913
Many Witnesses Are Being Examined Every Day by Attorneys for the Defense
That counsel for Leo Frank is ready for trial was freely reported over the city Monday.
Attorney Luther Z. Rosser, his lawyer, when asked regarding this report, gave the reply that has been characteristic of his attitude during the Phagan case.
"I have nothing to say." He would in nowise commit himself.
It is understood, however, that Mr. Rosser has informed friends that the defense is ready and that there will be no delay in putting it before the jury, which is to try the pencil factory superintendent. In fact, it is stated Frank's counsel is desirous of an early trial.
Many witnesses are being examined daily by Frank's attorneys. Pencil plant employees and character witnesses by scores will assist his counsel. Secrecy is thrown around the nature of all testimony.
Chief Lanford said Monday that he had finished examining Jim Conley …More
Tuesday, 10th June 1913 Eyewitness to Phagan Slaying Sought
Tuesday, June 10th, 1913
Story That Companion of Conley Saw Him Strike Down Girl Opens New Clews.
Jim Conley, whose sensational story has made him an accessory after the fact in the murder of Mary Phagan, is sticking closely to the details he unfolded in his remarkable affidavit, according to his attorney, William M. Smith.
Mr. Smith said Tuesday morning that Conley has varied in no essential particular from the original tale of his part in the disposal of the body of the strangled girl, under the direction of Leo Frank. To Mr. Smith and others who have interviewed the negro in the last few days he has begun at the moment when he says he saw the little form lying limp and inert at the rear of the second floor, until he declares he wrote the mysterious notes at Frank's dictation in the National Pencil factory office.
In all his story there has been practically no conflict or contradiction with the affidavit to which he swore …More
Tuesday, 10th June 1913 Luther Z. Rosser, Attorney for Frank, Trains His Guns on City Detective Chief
Tuesday, June 10, 1913
SAYS CHIEF LANFORD IS NOT SEEKING FOR TRUTH OF MURDER
He Charges That the Detective Chief Has Banked His Sense and Reputation on Proving Frank Guilty
"WHY HASN'T CONLEY BEEN BEFORE JURY?"
Attorney Declares Evidence All Points to Negro—Says Felder-Lanford Controversy Unfair to His Client
Luther Z. Rosser, chief counsel for Leo M. Frank, the pencil factory superintendent, who is under indictment for the murder of Mary Phagan, Tuesday afternoon broke his persistent silence regarding the case and gave out a statement for publication.
Mr. Rosser gives as a reason for this statement the fact that Thomas B. Felder has publicly charged Detective Chief Lanford with trying to shield Frank and that the detective chief has in turn publicly accused Felder with having been employed in the interest of Frank.
The accuracy of both charges is denied. Mr. Rosser asserts that Chief …More
Tuesday, 10th June 1913 Indictment of Felder and Fain Asked
June 10, 1913
Assistant Solicitor E. A. Stephens virtually admitted this afternoon that Police Commissioner W. P. Fain had been indicted. There was a division of the vote, it was said, but the majority was for indictment.
With blank bills of indictment against Attorney Thomas B. Felder and Police Commissioner W. P. Fain under consideration, the vice probe by the Fulton County Grand Jury took a sensational turn Tuesday.
Two witnesses told of disorder and rowdyism in a house at 40 East Harris Street, in which the Police Commissioner was said to have been involved.
The disorder, they said, occurred first just after the Christmas holidays, and when a call officer went to investigate, the Police Commissioner escaped arrest by getting in telephone communication with the department.
The witnesses said a reputation of the orgies occurred in April, with Commissioner Fain as a participant, and that although the disorder was of an aggravated …More