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  • 2 weeks ago
Thursday, July 10, 1913

*Editor's Note: Articles with the titles "Tells of Conley Confession" and "Says Conley Confessed" also appeared in other editions of the Georgian.

NEGRO MADE BOAST OF KILLING A GIRL, AGENT DECLARES

Attorneys for Frank Will Put Main Reliance of Defense on the Startling Affidavit Made by W. H. Mincey and Now in Their Possession.

That Jim Conley, negro sweeper at the National Pencil Factory, made a virtual confession to him that he attacked and killed Mary Phagan is the startling allegation made in an affidavit by William H. Mincey, until recently a solicitor for the American Insurance Company, of 115 1/2 North Pryor Street.

It became known Thursday that this affidavit, which is in the hands of the defense, will be the principal reliance, aside from the alibis which have been established for Frank, in bringing an acquittal of the accused man and obtaining a conviction against the negro.

No other evidence, in all of the more than two months' investigation of the mystery, has been so damning and so direct. The defense has practically only to establish the credibility of Mincey to assure itself of victory.

Said He Had Killed Girl.

This sensational information is the first hint that the public has had that the negro was alleged to have made a confession of the crime. Up to this time the detectives have said that Conley has denied all connection with the killing itself.

"I've killed a girl to-day; I don't want to kill nobody else," are the words that Mincey swore Conley spoke to him the afternoon that Mary Phagan was murdered in the pencil factory.

Mincey at the time of which his affidavit relates was selling life insurance in the negro districts. He knew Conley and had been after him several times to take out life insurance, according to the story he told in the office of Attorney Rosser.

Conley Was Drunk.

On the afternoon of the murder of Mary Phagan he met Conley near Electric and Carter Streets. Conley was sitting down with his head in his hands, apparently intoxicated.

"How about that insurance?" Mincey says he asked Conley.

"Get away from here. I don't want no insurance," Conley is said to have replied.

Mincey says in his affidavit that he urged Conley further and that the negro appeared to be angry.

"I tell you I don't want no insurance; I'm in trouble. I don't want you to bother me," Mincey swears Conley retorted.

Mincey asserts that he stayed to argue with Conley and that the negro finally said:

"You go away. I'll be in jail in a few days and I won't want any insurance."

Negro Was Enraged.

His satrtling [sic] confession of murder is alleged to have come when he became enraged at Mincey's continued importunities.

The negro jumped to his feet and advanced toward Mincey menacingly, according to the affidavit:

"I've killed a girl to-day; I don't want to kill nobody else!" Mincey declared Conley shouted at him.

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00:00Says Conley Confessed Slaying. The Atlanta Georgian, Thursday, July 10, 1913.
00:06Editor's Note. Articles with the titles, Tells of Conley Confession and Says Conley Confessed
00:11also appeared in other editions of the Georgian. Negro Made Boast of Killing a Girl, Agent
00:16Declares. Attorneys for Frank Will Put Main Reliance of Defense on the startling affidavit
00:21made by W. H. Mincy and now in their possession. That Jim Conley, Negro Sweeper at the National
00:26Pencil Factory, made a virtual confession to him that he attacked and killed Mary Fagan
00:31is the startling allegation made in an affidavit by W. H. Mincy until recently a solicitor for
00:38the American Insurance Company of 115 1⁄2 N. Pryor Street. It became known Thursday that
00:44this affidavit, which is in the hands of the defense, will be the principal reliance, aside
00:50from the alibis which have been established for Frank in bringing an acquittal of the accused
00:55man and obtaining a conviction against the Negro. No other evidence, in all of the more
01:00than two months' investigation of the mystery, has been so damning and so direct. The defense
01:05has practically only to establish the credibility of Mincy to assure itself of victory, said he
01:11had killed Girl. This sensational information is the first hint that the public has had that
01:16the Negro was alleged to have made a confession of the crime. Up to this time, the detectives
01:21have said that Conley has denied all connection with the killing itself.
01:25I've killed a girl today. I don't want to kill nobody else, are the words that Mincy swore Conley
01:30spoke to him the afternoon that Mary Fagan was murdered in the pencil factory. Mincy, at the
01:35time of which his affidavit relates, was selling life insurance in the Negro districts. He knew
01:40Conley and had been after him several times to take out life insurance, according to the story he told
01:45in the office of Attorney Rosser. Conley was drunk. On the afternoon of the murder of Mary
01:51Fagan, he met Conley near Electric and Carter Streets. Conley was sitting down with his head
01:55in his hands, apparently intoxicated.
01:58How about that insurance? Mincy says, he asked Conley.
02:00Get away from here. I don't want no insurance, Conley is said to have replied.
02:04Mincy says in his affidavit that he urged Conley further and that the Negro appeared to be angry.
02:09I tell you, I don't want no insurance. I'm in trouble. I don't want you to bother me.
02:13Mincy swears, Conley retorted. Mincy asserts that he stayed to argue with Conley and that the Negro
02:18finally said, you go away. I'll be in jail in a few days and I won't want any insurance.
02:23Negro was enraged. His sartartling confession of murder is alleged to have come when he became
02:28enraged at Mincy's continued importunities. The Negro jumped to his feet and advanced toward
02:33Mincy menacingly, according to the affidavit. I've killed a girl today. I don't want to kill nobody
02:38else, Mincy declared. Conley shouted at him. Mincy thought little of the remark at the time
02:43regarding Conley's remarks as mere braggadocio or an exaggeration of some Negro fight in which he
02:48had been involved. When he read of the Fagan murder, he recalled the remarks of Conley.
02:54Goes to factory. On the Tuesday following the strangling of the little girl, he went to the
02:59factory. He talked to E.F. Holloway, the day watchman, and asked him how many Negroes were
03:04employed there. Holloway replied that there were seven or eight. You should have every one of them
03:09arrested at once, Mincy told swears Conley, boasted of slaying W.H. Mincy, insurance agent,
03:15make startling affidavit for frank defense, continued from page one, him, and then he told
03:20of his meeting with Conley. Holloway replied that Conley had not been in the factory that day,
03:25no one knowing at the time that the Negro had hidden himself in the boxes to the right of the
03:30stairway on the first floor. The shock of the tragedy had not yet worn off, and all was confusion
03:35in the building. Because no one suspected that Conley had been in the factory on the Saturday of
03:40the crime, a fact which Conley later admitted when under the third degree of the detectives,
03:45little attention was paid to Mincy's story at the time, says police wouldn't listen. He states that he
03:52went to the police station and was told that they did not want his story. He saw Conley and identified
03:57him as the Negro with whom he talked on the afternoon that Mary Fagan was murdered.
04:01When Conley himself broke down and admitted that he had been hiding on the first floor,
04:06Mincy's sensational story took on the highest significance. He returned to the factory and
04:11repeated the details of his former statement. An interview was arranged with a lawyer acquaintance
04:16not connected with the case in any way. This attorney heard his story and took him to Attorney Rosser,
04:22where the statement was taken in sworn form. We do not want your statement unless you can swear to
04:28the truth of every word of it, he was told. He then dictated the affidavit, which is now in
04:33possession of the defense. Mincy was a solicitor for the American Insurance Company until about two
04:38weeks ago. He left this firm to teach school. He is said to be employed in Chattanooga, but will
04:43return to testify at the trial of Leo Frank, July 28th. He lived at 128 Davis Street until last October
04:50and then moved to another part of the city. Defense has faith in it. Uncovering for the first time the
04:55bulwark of defense which Frank's lawyers have built up around him, as well as containing the first report
05:01of a confession from Conley, the affidavit signed by Mincy at once takes its place as the most important
05:06document or piece of evidence that has entered into the case. Yes, we have the affidavit, admitted one
05:12of the lawyers for the defense Thursday afternoon. We have had it for some time. We place the utmost
05:18reliance in it. We believe this man is telling the truth. It forms one of the strongest foundations
05:23for our belief in the guilt of Jim Conley. C.J. Graham of the law firm of Graham and Chpapel
05:29announced on Thursday that the hearing on the writ of habeas corpus for Newt Lee had been set by Judge
05:35Ellis for Saturday forenoon at 10 o'clock. He said that he would subpena 50 witnesses to appear at the
05:41hearing, among them Leo M. Frank and Jim Conley. Frank's attorneys will fight his appearance at the
05:47hearing, and the state is expected to try to prevent Conley from testifying. Solicitor Dorsey is
05:52strongly opposed to the freeing of Lee until after the trial of Frank, and has declared that he will
05:57use every effort to thwart the movement of Lee's attorneys.
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