- 7 weeks ago
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 protest in a formal written statement placed on file as a record in the case.
Accuses Conley as Slayer.
In this he charged that the negro's series of "gibbering and incoherent statements," together with the attendant circumstances of the crime and Conley's subsequent actions, pointed to him as guilty of the murder beyond any reasonable doubt.
Less than ten minutes was occupied in the disposal of the case. Judge Roan did not read either the statement of Attorney Rosser or that of Attorney Smith, who submitted the reasons he wished his client kept at the police station. The dispatch with which the petition was acceded to was a complete surprise. A protracted and hard fought legal battle had been expected.
Judge Roan said that he was without authority to hold the negro in the custody of the State so long as he had no formal application from either side. The Solicitor, he said, was asking for the release of the prisoner, and Attorney Rosser had characterized his statement only as a "suggestion."
Smith's Charges.
Attorney Smith's statement to the court charged intimidation, and that influences unfriendly to Frank were at the back of the movement to transfer Conley back to the jail. He alleged that neither the interests of justice nor the interests of Conley could be safeguarded by removing Conley from the police station.
Sheriff Mangum branded as an infamous lie the charge that the interests of Conley could not be safeguarded in the county jail, and had not been safeguarded. The only person involved in the charge of intimidating and threatening Conley characterized the accusation as absurd and grossly and wilfully exaggerated. He was present to testify at the hearing, but was not called.
The formality of releasing and rearresting Conley took place in front of the police station. The negro was brought to the sidewalk, where he had his freedom for about a second and was then again taken into custody.
Text of the Petition.
Mr. Rosser's paper was headed:
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 protest in a formal written statement placed on file as a record in the case.
Accuses Conley as Slayer.
In this he charged that the negro's series of "gibbering and incoherent statements," together with the attendant circumstances of the crime and Conley's subsequent actions, pointed to him as guilty of the murder beyond any reasonable doubt.
Less than ten minutes was occupied in the disposal of the case. Judge Roan did not read either the statement of Attorney Rosser or that of Attorney Smith, who submitted the reasons he wished his client kept at the police station. The dispatch with which the petition was acceded to was a complete surprise. A protracted and hard fought legal battle had been expected.
Judge Roan said that he was without authority to hold the negro in the custody of the State so long as he had no formal application from either side. The Solicitor, he said, was asking for the release of the prisoner, and Attorney Rosser had characterized his statement only as a "suggestion."
Smith's Charges.
Attorney Smith's statement to the court charged intimidation, and that influences unfriendly to Frank were at the back of the movement to transfer Conley back to the jail. He alleged that neither the interests of justice nor the interests of Conley could be safeguarded by removing Conley from the police station.
Sheriff Mangum branded as an infamous lie the charge that the interests of Conley could not be safeguarded in the county jail, and had not been safeguarded. The only person involved in the charge of intimidating and threatening Conley characterized the accusation as absurd and grossly and wilfully exaggerated. He was present to testify at the hearing, but was not called.
The formality of releasing and rearresting Conley took place in front of the police station. The negro was brought to the sidewalk, where he had his freedom for about a second and was then again taken into custody.
Text of the Petition.
Mr. Rosser's paper was headed:
Category
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FunTranscript
00:00Negro freed but jailed again on suspicion. The Atlanta Georgian Friday, June 13, 1913.
00:06Rosser declares gibbering statements point out Sweeper as guilty of slaying. James Conley,
00:12self-confessed accessory after the fact in the murder of Mary Fagan, Friday was discharged by
00:17Judge L.S. Roan entirely from the custody of the state on the petition of Solicitor Dorsey.
00:22Technically free, Conley was at once re-arrested and held by the police on suspicion in the murder
00:27mystery. The action of Judge Roan constituted a victory for Solicitor Dorsey, who was fighting
00:33to prevent the authorities returning Conley to the tower, from which he had been taken on the
00:37representation of his attorney, William M. Smith, that the Negro was threatened and intimidated in
00:43the tower. Luther Z. Rosser, attorney for Leo Frank, made a bitter protest against the liberation of
00:50the Negro, which, in the opinion of Judge Roan, was the only legal alternative of returning him to the
00:55county jail. He made a still stronger protest in a formal written statement placed on file as a
01:01record in the case. Accuses Conley as slayer. In this, he charged that the Negro series of gibbering
01:07and incoherent statements, together with the attendant circumstances of the crime and Conley's
01:13subsequent actions, pointed to him as guilty of the murder beyond any reasonable doubt. Less than
01:19ten minutes was occupied in the disposal of the case. Judge Roan did not read either the statement of
01:24Attorney Rosser or that of Attorney Smith, who submitted the reasons he wished his client kept
01:30at the police station. The dispatch with which the petition was acceded to was a complete surprise.
01:36A protracted and hard-fought legal battle had been expected. Judge Roan said that he was without
01:42authority to hold the Negro in the custody of the state so long as he had no formal application from
01:48either side. The solicitor, he said, was asking for the release of the prisoner, and Attorney Rosser had
01:53characterized his statement only as a suggestion. Smith's charges. Attorney Smith's statement to the
01:59court charged intimidation, and that influences unfriendly to Frank were at the back of the
02:05movement to transfer Conley back to the jail. He alleged that neither the interests of justice nor
02:10the interests of Conley could be safeguarded by removing Conley from the police station.
02:15Sheriff Mangum branded as an infamous lie the charge that the interests of Conley could not be
02:20safeguarded in the county jail and had not been safeguarded. The only person involved in the
02:26charge of intimidating and threatening Conley characterized the accusation as absurd and grossly
02:31and willfully exaggerated. He was present to testify at the hearing, but was not called.
02:37The formality of releasing and re-arresting Conley took place in front of the police station.
02:42The Negro was brought to the sidewalk where he had his freedom for about a second and was then again
02:46taken into custody. Text of the petition. Mr. Rosser's paper was headed.
02:51Application of Hugh M. Dorsey, Solicitor General, to release James Conley from legal custody.
02:58In answer to the petition and order in the above stated cause, served up on us, as attorneys for
03:04Leo Frank, who herewith answer and show cause as follows.
03:071. If the intention of the Solicitor General is to discharge this Negro from custody because
03:13a. he is in fact not a material witness against Frank, or b. although he is a material witness,
03:19his integrity and character are such that he ought. Continued on page 2, column 1.
03:24Conley freed, again jailed on suspicion. Dorsey wins over Rosser in contest over Negro implicated
03:29in Fagan case. Continued from page 1.
03:32To have his liberty and be trusted to obey the subpinna of this court, then considered as a witness
03:37only. He ought to be discharged, and indeed he should not have been imprisoned at all.
03:41But in such case, to enact the farce in the court's presence of releasing the Negro, and
03:46immediately return him to his wet nurses at the police station, would resemble Child's
03:51play. 2. But if the Solicitor believes that one of a number of contradictory statements
03:56made by this Negro may, if properly preserved, be made valuable in the prosecution of Frank,
04:01and that the Negro may destroy its value if left free to talk, and in order to stop his
04:07mouth it is necessary that the detectives should keep him in charge, then we think we have the
04:11right to protest against any order of a court of justice that winks at such a purpose.
04:16Release not considered. 3. We are constrained to the conclusion that it is not the purpose
04:21for any reason to release this Negro, but by obtaining the order here sought, continue the
04:26present illegal confinement. 4. But Frank is himself deeply interested in this proceeding,
04:32that the consent of the Solicitor and the will of the Negro is all that is required to reverse the
04:38will of the law is erroneous. The State has the right in the interest of justice to put a witness
04:43in custody, but where in custody and in whose custody is of the highest importance. The law has
04:49given such custody to the Sheriff, and wisely so. The Sheriff is not a prosecutor. The jail itself is not
04:55usually a place of punishment, but a temporary place of detention. The Sheriff is supposed to stand
05:00impartially between the State and his prisoners, and may be trusted to neither coajule, threaten,
05:04nor suppress testimony by third-degree methods. The law never meant to place a witness who, for lack
05:10of character, needs confinement under the control of a partisan prosecutor. 5. That the detectives
05:16should wish to keep Conley in custody and entertain him at the City's expense is not at all surprising.
05:21They have already extracted from him extravagant, unthinkable confessions, three or four in number.
05:26To these statements they have given the widest publicity, and to the credibility of the last
05:31one they have staked their reputations and hope of place, all staked on Conley. 6. Upon the constancy
05:38and stability of this witness they have staked their all. They would be less than human if they
05:43did not bend all their power and ingenuity in holding him to his present statement, adding to and
05:48taking therefrom only such things as will aid its credibility. Can any fair-minded man believe that
05:54Lanford is a fair man to be the custodian of this ignorant negro? What chance would he have to
06:00retract any lies he may have told, or if in a repentant mood he should wish to tell the truth?
06:05This negro in the city prison, in the power of Lanford apart from all questions of truth,
06:10would be just as dangerous as Lanford would wish him to be. No one knows that better than Lanford,
06:15and no one would feel it as acutely as will this negro. How well Lanford knows it can be seen
06:20from his interview in the Georgian of June 12th. In that interview he demonstrated that he thinks
06:25he has full unrestricted ownership of this negro. He graciously expresses his willingness for this
06:31negro to go before the grand jury upon such terms as he suggests. Neither the negro nor the negro's
06:37lawyer nor the grand jury is considered, nor was this court to be consulted his will, and not the
06:42order of this court was to determine when and under what circumstances the negro should leave the
06:47police station. Lanford's power questioned. If Lanford vaunts in the face of jury and court his
06:52power over this negro, what must be his hearing when he deals privately with the negro himself?
06:58What chance has he to abstract a lie or add a truth to the foolish statement which Lanford approves
07:03and wishes to maintain? If this man will, when he is holding this negro under your honor's order,
07:08declare such ownership over this negro's person and movements, to what length would he go if the
07:13court releases his power over him and turns him over to Lanford's unrestricted power?
07:186. It is just to Frank, as well as in the interest of public justice, that this negro should be
07:24detained by unbiased, fair men whose reputations and positions are not at stake. The law recognizes
07:30this right and has put that duty upon the sheriff. Will there be less fairness and less decency in the
07:36county jail than in the police station? When did Lanford become a wiser, fairer, better man than the
07:41sheriff of this county? 7. Apart from this negro's position on a witness, his detention in the custody
07:47of the detectives would be a public calamity. Many unbiased people believe this negro is the
07:52murderer of Little Mary Fagan. The facts of the case, apart from his own confession, point most
07:57strongly to him as the guilty man. Evidence against negro. A. On the day of the murder he was drunk
08:04and
08:04concealed himself in a position where he could readily commit the murder. B. On Monday morning he was
08:10unduly excited, so much so as to arouse the suspicions of the employees. On Saturday night
08:16after the murder he was caught hiding in his own house. C. When the police were in the building he
08:21was caught hiding in an obscure part of the factory where he had no business. D. When questioned about
08:28this conduct he said he would hive a large sum to be a white man. When asked why he said
08:33he could then
08:33get safely past the police. E. He for a long time persistently denied that he could write and did
08:40not admit that he could until longer denial was useless. F. He was caught washing a shirt, a thing
08:46he had never done before, and when caught gave a foolish excuse. Trapped into confession. G. He denied
08:53all participation in or knowledge of the crime until he was driven by the charge that he wrote the notes
08:58found near the body. H. On May 18th he made a signed statement outlining his actions on April 26th,
09:05making no mention of the murder. I. On May 24th he made an affidavit. He said that on April 25th,
09:12before the murder on April 26th, he wrote the notes at the request of Frank, for which Frank gave him
09:18cigarettes and $2.50, and added statements about Frank's people in Brooklyn and an inquiry by Frank
09:24as to why he should hang. J. On May 28th, Conley made a long affidavit, full of contradictions
09:31and absurdities, beginning it as follows. I make this statement. My second statement in regard to
09:36the murder of Mary Fagan at the National Pencil Factory. In my first statement I made the statement
09:41that I went into the Pencil Factory on Friday, April 25th, and went into Frank's office at five minutes to
09:47one o'clock, which is a mistake. I made this statement in regard to Friday in order that I might
09:52not be
09:52accused of knowing anything of this murder, for I thought if I put myself there Saturday they might
09:57accuse me of having a hand in it, and I now make my second and last statement regarding the matter
10:02freely and voluntarily, after thinking over the situation, and I have made up my mind to tell
10:08the whole truth, and I make it freely and voluntarily, without the promise of any reward or from force or
10:14fear of punishment in any way. First Confession Rambling. K. After this beginning he sets out with
10:21variations the writing of the notes on Saturday instead of on Friday, and in a long, rambling
10:26statement his movements at home and on Peters Street on Saturday and on Monday at the factory,
10:31most of which is wholly disconnected with the murder. L. On May 29th, 1913, although he had already
10:38sworn that he had made his true, full, and last statement, he made another statement in which he
10:43purported to aid Mr. Frank in concealing the body of Mary Fagan. This statement is full of
10:49contradictions and wholly irreconcilable with itself and with the known facts surrounding the
10:53murder. M. He closes this remarkable affidavit in the following words. The reason I have not told
11:00this before is that I thought Mr. Frank would get out and help me out, but it seems that he
11:04is not
11:05going to get out, and I decided to tell the whole truth about the matter. Conley's guilt shown. N. These
11:12are some of the facts well known to the public and to the detectives showing Conley's guilt.
11:17There are other powerful facts which could readily be brought before the grand jury.
11:218. These incoherent, gibbering statements will, it is believed, impress the grand jury if the
11:26negro Conley's case is submitted to it. 9. The grand jury can be trusted to scan these queer
11:32statements in the light of all the surrounding facts and circumstances, and taken in connection
11:37with all the other facts implicating Conley, they proclaim his guilt beyond all reasonable doubt.
11:4210. The detectives, obsessed as they are with the assumption that Conley is a tool and not a
11:49murderer, are unfit to keep him in their soul and unlimited power. Under their protecting care,
11:55Conley, instead of being left to tell the truth, will at length deceive himself into the belief that
12:01instead of being a murderer, he is an unfortunate victim. Detectives protecting Negro. 11. That Conley
12:08and his counsel wish it is the best reason why it should be done. As long as he sticks to
12:13a story
12:13pleasing to the detectives, or builds upon that story as additions may be needed, he is assured that
12:19the detectives will save him as far as possible from the court and grand jury, and will so far as
12:24they
12:24can fix upon him no greater crime than a misdemeanor. 12. Conley and his counsel are wise. There is for
12:32them no other hope than for the detectives to keep Conley and save him from a confession that he
12:36committed the crime, giving him immunity, provided he continues to put the guilt on Frank. Sheriff shows
12:42up Smith. Denial of practically every assertion made by Conley or his attorney, William M. Smith,
12:49regarding lax jail regulations or the treatment of the Negro while in the county prison,
12:53was made by Sheriff Mangum when informed of the contents of the affidavit and petitions submitted
12:59to Judge Rohn. Smith's statements are infamous lies, said the sheriff. There is absolutely no
13:05foundation for belief by Conley that he was being poisoned when he was given the sandwiches.
13:10The Negro lied when he said he did not eat the food. He did eat the four sandwiches. They were
13:16given
13:16to him by a reporter who told me all about his interview. The newspaper man said he wanted to get
13:21on
13:21Conley's good side and get information for his paper. In the story he wrote, he told frankly of
13:26the tactics he had used to get information. The regulations in the Fulton County Jail are as good
13:31as those as any county prison anywhere. If Smith says that the jail is not competently guarded,
13:36he is maliciously falsifying, and he knows it. We have no spies for use in matter that do not
13:42concern us, nor have we prying attendance at the jail. As I said before, Smith's assertions are
13:47too preposterous to take heed of. Intimidation charged. Conley's attorney, William M. Smith,
13:53in a petition accompanying the Negro's affidavit, declares that the county jail is scantily guarded
13:58and that prison regulations were extremely lax. The county prison has at times but one guard inside
14:04its walls, the petition declares. It is a physical impossibility for this deputy to be at all points
14:10and know what is going on, that the actual custody of the prisoners is placed in the hands of trusty
14:16prisoners, some of whom are absolutely unreliable. That deponent visited James Conley at the county
14:22prison, and that it was difficult for anything to be done or said without the espionage of these
14:27trusty prisoners, who were overly anxious to know the character of deponent's connection with
14:32Conley's case. Smith sees bias. That deponent talked with a man who, he is advised, is of Jewish
14:38extraction, and who deponent believes is doing all he can reasonably to place the blame for this crime
14:44on his client, Conley, and who is desirous of seeing the defendant, Frank, cleared. And this
14:50man admitted to this deponent that he did visit the cell of said Conley, and offered him sandwiches
14:54and promised whiskey, and however he specifically disclaimed his being the party who had threatened
15:00said Conley at a later hour, and stated that the sandwiches and whiskey were offered in good
15:04faith with no intention to harm Conley, that the identity of this party is known to deponent and can be
15:10given the court upon request, that knowing the conditions as they exist at the county jail,
15:15deponent declares that the ends of justice will not be served by detention of James Conley at the
15:20county prison, but that same will be materially harmed and damaged. Conley repeats charges. Conley
15:27in his affidavit declared that during his stay in the county jail he was constantly being menaced by
15:32persons whom he suspected of the intention to poison him. Affiant swears that he was visited by
15:37numerous persons strangers to him while he was held in the county prison, the affidavit reads.
15:42That deponent was visited by a young man at one time who appeared to be of Jewish descent,
15:47who offered this deponent sandwiches to eat. That deponent did not eat the sandwiches for fear
15:54of being poisoned. That late in the night, after the lights had been turned out, a man came to the
15:59cell of deponent and struck a match and looked in and asked deponent if he did not know he would
16:03be
16:03hanged, told deponent that he was telling a D.D. lie on Frank, and would be hanged sure as H
16:09.L. asked
16:10deponent if he did not know he could shoot him in his cell, if he was a mind to do
16:14so, that on account
16:15of the darkness deponent was unable to find out who this was, that the only desire of deponent is
16:21that he be given protection, and be in hands of sworn officers of the law, and not turned over to
16:27any
16:27prisoner or to trusty turnkeys, where there is any possibility for this deponent to be harmed in any way.
16:33Slap it, Sheriff. Conley, in answer to the rule Nisi, further attacks the regulations at the county jail,
16:39and the treatment accorded him in that institution. Respondent is advised that the keys to practically
16:45all of the cell blocks are carried by convicted criminals, the answer states, that owing to this
16:51condition, men have been known to saw through steel bars and cages and escape, that this respondent was
16:57imprisoned while in the county jail directly over the cell block in which said defendant, Frank,
17:02is detained, that this respondent is advised and believes that the sheriff of this county publicly
17:08proclaimed that the defendant looks him in the eye like an innocent man. Release and re-arrest.
17:15A dramatic moment attended the release and re-arrest of Conley Friday morning in connection
17:19with the working of the court's order that the Negro be given his liberty. Chief of Detectives
17:25Lanford appeared at the door of Conley's cell at eleven o'clock.
17:28Well, Jim, said the chief, I am going to release you. The Negro received the statement with a look
17:34of fright, but was silent as well as bewildered. Taken from his cell, Conley was IED by the chief
17:40through the sergeant's office and to the side door of the police station, which opens into an alley.
17:45The Negro followed his captors with silent bewilderment. The party proceeded down the alley to the sidewalk.
17:51There a small crowd greeted the Negro with curious eyes. Chief Lanford took his hand from Conley's arm.
17:57Conley was a free man. His freedom was but for an instant, though. Before Conley could move or
18:02recover from his astonishment, Detective McGill took him by the arm.
18:06I will have to arrest you and take you back, Jim, Chief Lanford said.
18:10Conley's face brightened perceptibly. That's all right, he smiled. I didn't want to get out anyhow.
18:16Appearing opposite Conley's name now on the police register is the word released,
18:20and following it, suspicion, the charge upon which he was rearrested.
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