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Thursday, May 29th, 1913

James Conley Makes New Affidavit, Swearing That He Wrote at the Dictation of Leo M. Frank.

EVIDENCE CHAIN NOW COMPLETE, SAY POLICE

Conley Declares Frank Gave Him $2.50 for Writing the Notes—He Writes "Night Witch" for Night Watchman.

James Conley, the negro sweeper at the National Pencil factory, in which little Mary Phagan was murdered, made a new affidavit Wednesday morning in which he threw additional light on the case, incriminating Leo M. Frank, and which detectives think will solve the long-drawn-out mystery.

"Write ‘night watchman,'" he is said to have been commanded by detectives Wednesday morning. The result was ‘night witch,' just as in the note found by the body of the murdered girl. This, the detectives declare, is the strongest corroboration of his statement that he wrote the notes at the direction of Frank, the factory superintendent.

The city detectives are said to put full credence in his statements now, as in the new affidavit he is said to have sworn that the notes were written on Saturday, about 1 o'clock, and not on Friday, as he first declared.

Feared for His Neck.

His reason for deception the first time is said to be that he feared for his own neck if he admitted the truth. As matters stand now, he is regarded by the detectives merely as an unwilling tool, and not as an accomplice of the murderer, whomever he may be.

According to this new affidavit, the negro's complete story of his part in the affair is said to be as follows:

A little after 10 o'clock Saturday morning he was standing at the corner of Forsyth and Nelson streets, when Frank, his employer, passed by, going in the direction of Montag Brothers. Mr. Frank is said to have told him to wait there until he (Frank) came back. A few minutes later, according to the negro, Frank returned, and took him to the factory with him. Here he made the negro sit on a box by the stairs, so the affidavit is said to state, and wait and "see what he could see." When wanted, Frank is said to have told him that he would whistle.

"Be careful not to let Mr. Darley see you," he swears the superintendent said.

Heard Frank Whistle.

About an hour later the negro is said to swear that he became sleepy, as he had had a beer, was in a comfortable position, and doing nothing. He dozed a while, and then awakened as he heard a sharp whistle, so he says, and saw Frank standing in the doorway at the head of the stairs.

He responded to Frank's call, and when he reached the factory superintendent's side, the latter is said to have grasped the negro under the arm.

Conley swears that Frank was quaking violently. The negro further swears that it gave him the impression that Frank wished to keep him from looking toward the rear.

In this way the negro was led into Mr. Frank's office, so he swears. He also swears that as they passed the time clock he looked up and noticed that it was four minutes to 1 o'clock.

Transcript
00:00Negro Sweeper tells the story of Murder Notes, Atlanta Constitution, Thursday, May 29, 1913.
00:06James Conley makes new affidavits swearing that he wrote at the dictation of Leo M. Frank.
00:11Evidence chain now completes say police Conley declares Frank gave him $2.50 for writing the
00:17notes he writes Night Witch for Night Watchman. James Conley, the Negro Sweeper at the National
00:22Pencil Factory, in which little Mary Fagan was murdered, made a new affidavit Wednesday morning
00:27in which he threw additional light on the case, incriminating Leo M. Frank, and which detectives
00:33think will solve the long, drawn-out mystery. Right Night Watchman, he is said to have been
00:38commanded by detectives Wednesday morning. The result was Night Witch, just as in the note
00:43found by the body of the murdered girl. This, the detectives declare, is the strongest corroboration
00:49of his statement that he wrote the notes at the direction of Frank, the factory superintendent.
00:54The city detectives are said to put full credence in his statements now, as in the new affidavit
00:59he is said to have sworn that the notes were written on Saturday, about one o'clock, and
01:04not on Friday, as he first declared. Feared for his neck. His reason for deception the first
01:10time is said to be that he feared for his own neck if he admitted the truth. As matters
01:14stand now, he is regarded by the detectives merely as an unwilling tool, and not as an accomplice
01:19of the murderer, whomever he may be. According to this new affidavit, the Negro's complete
01:24story of his part in the affair is said to be as follows. A little after ten o'clock
01:29Saturday morning, he was standing at the corner of Forsyth and Nelson Streets, when Frank, his
01:34employer, passed by, going in the direction of Montag Brothers. Mr. Frank is said to have
01:39told him to wait there until he, Frank, came back. A few minutes later, according to the
01:44Negro, Frank returned and took him to the factory with him. Here he made the Negro sit on a
01:49box by the stairs, so the affidavit is said to state, and wait and see what he could see.
01:55When wanted, Frank is said to have told him that he would whistle. Be careful not to let
02:00Mr. Darley see you, he swears, the superintendent said. Heard Frank whistle. About an hour later
02:06the Negro is said to swear that he became sleepy, as he had had a beer, was in a comfortable
02:11position,
02:11and doing nothing. He dozed a while, and then awakened as he heard a sharp whistle, so he says,
02:17and saw Frank standing in the doorway at the head of the stairs. He responded to Frank's call,
02:22and when he reached the factory superintendent's side, the latter is said to have grasped the Negro
02:27under the arm. Conley swears that Frank was quaking violently. The Negro further swears that it gave
02:33him the impression that Frank wished to keep him from looking toward the rear. In this way, the Negro
02:38was led into Mr. Frank's office, so he swears. He also swears that as they passed the time clock,
02:43he looked up and noticed that it was four minutes to one o'clock. According to Frank's sworn testimony
02:49before the coroner's jury, before he was formally accused, the murdered girl, Little Mary Fagan,
02:55had received her pay and left before that hour, put him in wardrobe. The Negro swears that they went
03:01back into the inner office, Frank saying nothing, but still maintaining the tight grip on the Negro's arm.
03:06People were heard approaching, the Negro declares, and Frank put him in a big wardrobe,
03:10soon disposed of the visitors and released him from his temporary confinement. Then Frank,
03:16trembling from head to foot, so the Negro declares, said that he wanted to get a sample
03:20of the Negro's handwriting. Frank dictated, and the Negro wrote Conley swears that he remembers that
03:26one of the notes began, Dear Mother. Conley swears that as Frank walked back and forth nervously in
03:32the office, his hands trembled. He ran them constantly through his hair, and at one time muttered to
03:37himself in an undertone. There's no reason why I should hang. Conley says that after he finished
03:43writing, Frank warmly thanked him, called him good boy, etc., and gave him $2.50, and lead him to the
03:50door at the lead of the stairs. The Negro swears that he left the factory at ten minutes after one
03:55o'clock. He further states that he did not see Mary Fagan at any time on the day of the
04:00murder,
04:00and that he didn't see Frank again until Tuesday morning. Said he could not write.
04:04For the first two weeks of his incarceration, the Negro Conley stoutly maintained that he could not
04:10write. However, the detectives found that he had brought two watches on the installment plan
04:15and signed deeds to them. They compared his writing on these, they say, and found it identical with
04:21the writing on the slips of paper found by the body in the pencil factory. A short while after this
04:27he
04:27called for Detective John Black and made his confession. The fear that he himself would hang is said to be
04:32the reason that the Black denied any connection with the case. Conley still maintains that he had
04:38no knowledge of a crime being committed in the building. Chief Beavers has conferred with Judge
04:43Ellis Roan as to whether he could take the Negro to Frank's cell and confront the superintendent with
04:48the Black. Judge Roan, it is understood, told the chief that under the law, Frank would be entitled
04:54to consult his attorney and have the latter present should such a meeting be arranged. Frank's attorney,
05:00Luther Z. Rosser, is at present at Clayton-Rabun County, engaged in the Tallulah Falls suit.
05:06Sheriff Wheeler Mangum sent Frank word and the latter stated that he did not wish to see the
05:10officers or the Negro unless his attorney was present. Without Frank's consent, the sheriff would
05:16not allow the officials to visit Frank in the tower and the attempt was given up. Whether Chief
05:21Beavers will make another effort to get Frank and Conley together is not known. Conley has only admitted
05:26having written the phrase of the murder notes in which appear the words. That long, tall, black
05:31Negro did this by himself. He has not been shown the remainder of that note or the other note found
05:37beside the body. Detectives will today compare Conley's handwriting with that of the other note.
05:42The Negro says he wrote the other phrases at Frank's dictation but cannot recall any beside the
05:48words indicated. He says he can identify the other writing if it is shown him, which will be done
05:53sometime today. Detectives now place complete confidence in his story and will keep him in
05:59prison as a material witness in Frank's trial. Many people have wished to know just exactly how
06:04Conley copied the handwriting on the murder notes. Some believe that the notes were placed before him
06:09and he was told to copy them, while others think he wrote from dictation. According to Harry Scott of
06:15the Pinkertons, Conley has not yet seen the murder notes. The words were dictated to him but not
06:20spelled as was done in the case of Newt Lee. Conley's spelling corresponds with that of the note.
06:26Scott says that Conley's story is to the effect that he withheld his confession because he expected
06:30to be paid a large sum by Frank or his friends. When he made his first confession, he believed that
06:36if
06:36he admitted having written the notes on Saturday instead of Friday, it would incriminate him more than
06:41the suspected superintendent and he would be hanged on circumstantial evidence. The Negro Conley is
06:46regarded by the detectives as their most material witness. He is the missing link, they think, which
06:52connects the chain of circumstantial evidence which they have gathered. George W. Gentry, the young
06:57stenographer who took down the dictograph conversation, is in hiding at present, owing to
07:02annoyance caused by much questioning by strangers in regard to the affair. Gentry left Monday morning
07:08after an interview with a man who posed as a newspaper reporter and told Gentry that he was in danger
07:13of
07:13being arrested on a trumped-up charge. Since leaving, he is said to have been in constant
07:17communication with his mother or other members of the family at 32 East Alexander Street. His family
07:23are confident that he will return as soon as the excitement over the dictograph affair subsides.
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