Skip to playerSkip to main content
  • 2 days ago
Wednesday, May 28th, 1913

Negro Declares He Met Mr. Frank on the Street and Accompanied Him Back to the Factory, Where He Was Told to Wait and Watch—He Was Concealed in Wardrobe In Office When Voices Were Heard on Outside, It Is Claimed

NEGRO LOOKED UPON AS A TOOL NOT PRINCIPAL DECLARE DETECTIVES WHO HAVE QUESTIONED HIM

Chief Beavers Confer With Judge Roan In Reference to Taking Conley to Tower to Confront Frank but Is Told That It Is a Question for Sheriff to Decide—No Effort In This Direction Likely Until Mr. Rosser Returns to City

"Write ‘night-watchman,'" the city detectives are said to have commanded James Conley, negro sweeper at the pencil factory, in jail Wednesday.

The result is said to have been "night-wich."

So also the note found beside the dead body of Mary Phagan spelled it.

The detectives regard this strongly corroborative of Conley's admission that he himself wrote the notes found beside the dead girl. Conley declares that he wrote them, however, at the dictation of Leo M. Frank, superintendent of the pencil factory, under indictment for the murder. The detectives are disposed to place full credence in his story now, it is said, since he has declared that he did the writing on Saturday afternoon instead of on Friday afternoon as he first swore, and has gone into details.

A new and lengthy affidavit, going into detail in sequence throughout the day of the fatal Saturday, was sworn to by the negro in the detective headquarters Wednesday morning.

In it the negro recited as minutely as he could remember them, his actions and movements upon the day.

Shortly after 10 o'clock he was standing at the corner of Forsyth and Nelson street, he now swears, when Leo M. Frank, superintendent at the factory, his employer, came past, going toward Montag Brothers. Mr. Frank told him to wait there until he came back, swears the negro. Some minutes afterward Mr. Frank returned and took him, the negro, to the factory. Mr. Frank sat him down on a box besides the stairs, said the negro, and told him (the negro) to wait there and "see what he could see." He would call with a whistle, said Mr. Frank, when he wanted the negro.

"Be careful not to let Mr. Darley see you," the negro swears Mr. Frank told him.

Conley continued in detail his affidavit, it is said, describing several people who entered and left and whose presence at the factory already has been established clearly. After about an hour, the negro swears he grew sleepy. He had had a beer, and he was in a comfortable position and everything was quiet; so he dozed off to sleep, he said, and didn't remember anything more until he heard somebody [w]histle sharply close at hand and looked up and saw Mr. Frank standing in the doorway at the head of the stairs.

SAID MR. FRANK WAS SHAKING.

He aroused himself and responded to Mr. Frank's call. At the head of the stairs Mr. Frank, caught him under the arm, swears the negro. Mr. Frank was shaking and trembling violently.

Transcript
00:00Conley tells, in detail of writing notes on Saturday at Dictation of Mr. Frank, Atlanta
00:05Journal, Wednesday, May 28, 1913. Negro declares he met Mr. Frank on the street and accompanied
00:11him back to the factory, where he was told to wait and watch. He was concealed in wardrobe
00:16in office when voices were heard on outside, it is claimed. Negro looked upon as a tool,
00:21not principal, declare detectives who have questioned him.
00:24Chief Beavers confer with Judge Rohn in reference to taking Conley to Tower to confront Frank,
00:29but is told that it is a question for Sheriff to decide no effort in this direction,
00:33likely until Mr. Rosser returns to City. Right night watchman, the City detectives are said to
00:39have commanded James Conley, Negro sweeper at the pencil factory in jail Wednesday. The result is
00:45said to have been Night Witch, so also the note found beside the dead body of Mary Fagan spelled it.
00:50The detectives regard this strongly corroborative of Conley's admission that he himself wrote the
00:55notes found beside the dead girl. Conley declares that he wrote them, however, at the dictation of
01:00Leo M. Frank, superintendent of the pencil factory, under indictment for the murder.
01:05The detectives are disposed to place full credence in his story now, it is said, since he has declared
01:12that he did the writing on Saturday afternoon instead of on Friday afternoon as he first swore,
01:17and has gone into details. A new and lengthy affidavit, going into detail in sequence throughout the day of
01:23the fatal Saturday, was sworn to by the Negro in the detective headquarters Wednesday morning.
01:28In it the Negro recited, as minutely as he could remember them, his actions and movements upon the
01:34day. Shortly after ten o'clock he was standing at the corner of Forsyth and Nelson Street.
01:39He now swears when Leo M. Frank, superintendent at the factory, his employer, came past,
01:45going toward Montag Brothers. Mr. Frank told him to wait there until he came back, swears the Negro.
01:51Some minutes afterward Mr. Frank returned and took him, the Negro, to the factory.
01:56Mr. Frank sat him down on a box besides the stairs, said the Negro, and told him, the Negro,
02:01to wait there and see what he could see. He would call with a whistle, said Mr. Frank,
02:06when he wanted the Negro. Be careful not to let Mr. Darley see you, the Negro swears,
02:11Mr. Frank told him. Conley continued in detail his affidavit, it is said, describing several people
02:17who entered and left and whose presence at the factory already has been established clearly.
02:21After about an hour the Negro swears he grew sleepy. He had had a beer, and he was in a
02:27comfortable position and everything was quiet. So he dozed off to sleep, he said, and didn't
02:31remember anything more until he heard somebody whistle sharply close at hand and looked up and
02:35saw Mr. Frank standing in the doorway at the head of the stairs. Said Mr. Frank was shaking. He aroused
02:41himself and responded to Mr. Frank's call. At the head of the stairs Mr. Frank caught him under the
02:46arm, swears, the Negro. Mr. Frank was shaking and trembling violently. It gave him the impression,
02:52swears, the Negro, that Mr. Frank wanted to keep him from looking towards the back.
02:56Mr. Frank led him, the Negro, thus into his, Mr. Frank's, office. As they passed the time clock,
03:02the Negro sears. He happened to notice that it was four minutes to one o'clock. According to Mr. Frank's
03:08sworn testimony to the coroner's jury before he himself was accused formally, Mary Fagan, the
03:14murdered girl, had received her pay and gone before that hour. They went clear back into the inner
03:19office, swears, the Negro, Mr. Frank saying nothing but holding tightly to his arm. Hardly had they
03:25entered there and gotten ready to sit down when people were heard approaching in the outer part
03:29of the factory. Mr. Frank put him into a big wardrobe in the office, swears, the Negro, and shut the
03:34doors of it, and then went out and met the visitors or received them in the inner office.
03:38But dismissed them soon and let the Negro out when all was quiet again.
03:45Dictated what Negro wrote
03:47Then, swears the Negro, Mr. Frank told him he wanted to get a sample of his handwriting.
03:51He dictated what the Negro wrote. Mr. Frank was trembling, swears the Negro. His hands shook,
03:57and he ran his fingers through his hair. He said in an undertone as he walked up and down,
04:02swears the Negro, addressing not him but seemingly talking to himself.
04:06There's no reason why I should hang. The Negro said when he had finished writing what Mr. Frank
04:11dictated, Mr. Frank thanked him warmly, and said he wouldn't forget him, the Negro, and called him
04:17a good Negro, good boy, etc., and gave him $2.50, and even led him to the door at the
04:24head of the
04:24stairs. After that, the Negro swears. He didn't see Mr. Frank until Tuesday morning. The Negro swears that
04:30he remembers that one of the notes began, Dear Mother. The Negro reiterates steadfastly, it is
04:35said, that he did not see Mary Fagan at all on the day of the murder. He left the factory
04:39about ten
04:40minutes after one o'clock, swears the Negro, confers with Judge Roan. Chief Beavers has not made
04:46application to Judge L.S. Roan for a formal order on the sheriff to permit him to take Conley to
04:51the
04:51jail for the purpose of confronting Frank with the Negro. The chief did confer with Judge Roan Wednesday
04:56afternoon, and was advised by the latter that the matter was one for the sheriff to decide.
05:01Judge Roan, it is understood, informed the chief that under the law Frank would be entitled to
05:06consult his attorney and have him present should a meeting between the Negro and Frank be arranged.
05:11Attorney Rosser, Frank's counsel, is at present at Clayton, Rabin County, engaged in the trial of
05:17the Tallulah Falls suit. It is not known whether the chief will make any further efforts to get the
05:22Negro face to face with Frank. The fear that he would hang if he had admitted writing the note
05:26after Mary Fagan went to the factory is given by the Negro as his reason for first saying that he
05:32wrote the notes on the day before the crime. Conley still claims that he had no knowledge that a crime
05:38had been committed in the building. The detectives do not regard Conley in the light of an accomplice,
05:43but simply as an unwitting tool. Just after his arrest, it is said that Conley told many different
05:48stories to the police, and they caught him in a number of lies. For the first two weeks of his
05:53incarceration, it is said, he maintained that he could not write. The detectives, however, found
05:58where he had bought two watches on the installment plan and had filled out deeds for them. They
06:03compared this writing, they say, with the writing on the notes found by the slain girl's body and
06:08found it identical. Then they secured other specimens of his handwriting and confronted him
06:13with them. It was a short time after this that he called for Detective John Black and admitted
06:18writing the two notes. Then Chief of Detectives N. A. Lanford, Chief J. L. Beavers and Harry Scott
06:24of the Pinkertons, took the Negro from police headquarters to the tower in order that he might
06:29make his statements before Superintendent Frank. Sheriff Wheeler Mangum sent word to Frank, and he
06:35stated that he did not wish to see the officers or Conley unless his attorney, Luther Z. Rosser,
06:40was present. Without Frank's agreement, the sheriff would not allow the officials to visit the
06:45accused Mansell, and the attempt was given up. Do not suspect Conley. Contrary to published
06:51reports, the detectives and others interested in the investigation of the Fagan murder have
06:56never for a moment entertained the suggestion that James Conley, the Negro sweeper, was guilty
07:01of the crime, or that he had any further hand in it than to write the notes, which he says
07:06he wrote at the dictation of Frank. The officers regard Conley as their most material witness.
07:12They declare that he connects up all the circumstantial evidence gathered by them.
07:16They do not believe that he had any hand in the actual murder, or that he knew one had
07:21been committed until after the girl's body was found.
07:25Gentry in Hiding
07:26George W. Gentry, the young stenographer who took the dictograph conversations in the
07:31Williams' house last week, has been reported to the police as missing. According to members
07:36of his family, the young man left his house to avoid the many people who came to question
07:40him about the dictograph conversations, and members of his family do not fear for his
07:45safety and are now in communication with him. Young Gentry left home early Monday morning,
07:50and neither his mother nor other members of his family at 32 East Alexander Street have
07:54seen him since that time. He left following an interview with a man who posed as a newspaper
07:59reporter, and who told young Gentry that he was in danger of being arrested on a trumped-up
08:04charge. Members of his family do not think, however, that his threat was as much responsible
08:09for his resapparance as the general annoyance of repeated questions about the famous dictograph
08:14records. Young Gentry has telephoned his home each day since he left, and his mother heard
08:19from him Wednesday afternoon. Members of the family expect the young man to return when the
08:25excitement over the publication of the dictograph records has subsided. The detectives working
08:30on the case manifestly were pleased with the Negroes' new statements. They declare their firm
08:35belief that he is telling the truth, and point to the corroborative effect of numerous details
08:40already established regarding, for instance, those who entered and left the factory, etc.
08:46Harry Scott, of the Pinkerton Agency, was quoted Wednesday afternoon as expressing confidence that
08:52Frank will be convicted. Alabama police have Newfagan suspect. A. E. Williams, chief of police of Alabama
08:59City Wednesday, telephoned to chief of police James L. Beavers, that there was a man named Bryant in
09:04that town who was acting in a very suspicious manner, and it was intimated that he might know a
09:09great deal about the Fagan case. This message was referred to Detective Chief Lanford, who said that he
09:16had never heard of anyone named Byant in connection with the Fagan case, but that he would look into the
09:21matter. He does not, however, lay any stress on the message from Alabama City. Lanford and Felder
09:27exchange new thrust satire has been emphasized in the controversy between Colonel Thomas B. Felder
09:33and the police department by the issuance by Chief of Detectives N. A. Lanford of the following
09:38statement. I will make this proposition to Colonel Felder that I will handcuff Ass Collier and send
09:44him back to Knoxville, Tenning. Without requisition papers, if he, Colonel Felder, will accompany one of
09:50my men to Columbia, S.C., waiving requisition papers. Thereby, I would get rid of two nuisances.
09:56Signed, N. A. Lanford. To the detective's proposition, Colonel Felder has made this reply.
10:02There is only one difference between those crooks. Lanford and Collier, one has been caught
10:06and the other has not.
Comments
VERDICT VOYAGER
Creator
#MurderofMaryPhagan

Recommended