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Friday, July 11, 1913

Speedy Indictment of Negro Is Likely Following Publication of Mincey Affidavit.

The speedy indictment of Jim Conley on the charge of murdering Mary Phagan was the strong possibility discussed in court circles Friday following the sensational turn given the strangling mystery by The Georgian's publication Thursday of the accusation of William H. Mincey, an insurance solicitor, that he had heard the negro boast on the afternoon of the crime of killing a girl.

For nearly two months a self-confessed accessory after the fact of the murder of the little factory girl, Conley has been allowed to go without an attempt at bringing an indictment against him. The startling new evidence which indicates most strongly, if the credibility of the defense's witness can be established, that Conley was not the accessory after the fact, but the actual principal in the crime, is expected to result in a thorough investigation by the Grand Jury of all the rumors and stories which have been in circulation of the negro's connection with the pencil factory tragedy.

Counsel Relies on Mincey.

Attorneys for the defense have expressed themselves as satisfied that Mincey's word is to be relied upon, and that his remarkable affidavit published in The Georgian is true in every particular.

Solicitor Dorsey Friday morning would make no comment on the new evidence.

The detectives openly declared their disbelief in the statements of Mincey. They said that he told a different story when he was at police headquarters and that he asserted after confronting the negro that Conley was not the man with whom he talked the afternoon that Mary Phagan was murdered.

Chief Lanford, of the city detectives, and Harry Scott, of the Pinkertons, said that if Mincey had related to them the story told in his sensational affidavit they would have made an immediate investigation in an attempt to verify it and would have sworn out a warrant charging Conley with the murder if a basis for the story could have been found.

Denies Police Assertions.

Mincey's statement, in so far as it provides an answer to the detectives, was that he did tell the same story to them; that he did identify Conley as the man he talked with on Saturday afternoon, and that the detectives told him they didn't care to take his evidence.

"Conley told me Saturday afternoon that he had killed a girl, and didn't want to kill anybody else," Mincey swears he told the detectives.

"This man Mincey never made mention of having heard Conley say that he had killed a girl, and Mincey never even identified Conley," is the reply of Detective Scott to this assertion.

Detective headquarters were thrown into excitement by the publication of the startling developments. Within a few minutes Scott was in conference with Chief Lanford and it was said that it had been decided to make a search for Mincey with a view of bringing him before Solicitor Dorsey for a grilling in regard to his story accusing the negro.
Transcript
00:00Slaying charge for Conley is expected. The Atlanta Georgian, Friday, July 11, 1913.
00:06Speedy indictment of Negro is likely following publication of Mincy Affidavit.
00:10The speedy indictment of Jim Conley on the charge of murdering Mary Fagan
00:14was the strong possibility discussed in Court Circles Friday following the sensational turn
00:20given the strangling mystery by the Georgian's publication Thursday of the accusation of William
00:25H. Mincy, an insurance solicitor, that he had heard the Negro boast on the afternoon of the crime of
00:31killing a girl. For nearly two months, a self-confessed accessory after the fact of the
00:36murder of the little factory girl, Conley has been allowed to go without an attempt at bringing an
00:42indictment against him. The startling new evidence, which indicates most strongly, if the credibility
00:47of the defense's witness can be established, that Conley was not the accessory after the fact but
00:52the actual principle in the crime is expected to result in a thorough investigation by the grand
00:58jury of all the rumors and stories which have been in circulation of the Negro's connection with the
01:03pencil factory tragedy. Counsel relies on Mincy. Attorneys for the defense have expressed themselves
01:09as satisfied that Mincy's word is to be relied upon and that his remarkable affidavit published in
01:15the Georgian is true in every particular. Solicitor Dorsey Friday morning would make no comment on the
01:20new evidence. The detectives openly declared their disbelief in the statements of Mincy. They said that he
01:26told a different story when he was at police headquarters and that he asserted after confronting the Negro
01:31that Conley was not the man with whom he talked the afternoon that Mary Fagan was murdered. Chief
01:36Lanford of the City Detectives and Harry Scott of the Pinkertons said that if Mincy had related to them the
01:43story told in his sensational affidavit, they would have made an immediate investigation in an attempt to
01:48verify it and would have sworn out a warrant charging Conley with the murder if a basis for the story
01:54could have been found. Denies police assertions. Mincy's statement, insofar as it provides an answer
01:59to the detectives, was that he did tell the same story to them, that he did identify Conley as the
02:05man he talked with on Saturday afternoon and that the detectives told him they didn't care to take his
02:09evidence. Conley told me Saturday afternoon that he had killed a girl and didn't want to kill
02:14anybody else. Mincy swears, he told the detectives. This man, Mincy never made mention of having heard
02:21Conley say that he had killed a girl and Mincy never even identified Conley, is the reply of
02:26Detective Scott to this assertion. Detective headquarters were thrown into excitement by
02:31the publication of the startling developments. Within a few minutes Scott was in conference with
02:36Chief Lanford and it was said that it had been decided to make a search for Mincy with a view
02:40of
02:41bringing him before Solicitor Dorsey for a grilling in regard to his story accusing the Negro.
02:46News disturbs Dorsey. Solicitor Dorsey was evidently disturbed by the new turn in the mystery but would
02:52make no announcement of his intentions in respect to quizzing Mincy, providing Mincy can be found.
02:57The witness is said to be in Chattanooga at present teaching school. Leo Frank's lawyers,
03:02if they know Mincy's whereabouts, are keeping it a profound secret. They had not intended even that
03:07the contents of his affidavit should be made public. They declared, however, that he would be on hand
03:13for the trial prepared to repeat everything he said in the affidavit. The latest rumor in connection
03:18with the Fagan mystery is that the girl's mesh bag pocketbook which she carried to the factory on
03:23the day she met her death has been found and has been examined for fingerprints. This rumor could not
03:28be confirmed at police headquarters. Lee hearing Saturday. The habeas corpus proceedings in behalf of Newt Lee,
03:35night watchman at the pencil factory, will be fought out Saturday forenoon at 10 o'clock before
03:40Judge Ellis. Bernard L. Chappell, representing the Negro, said that he would issue subpenas for at
03:46least 50 witnesses whose testimony he would rely upon to obtain the freedom of his client.
03:51Among them will be Leo M. Frank and Jim Conley. The appearance of both of these men, the first
03:56accused of murder, the second held as a material witness, will be bitterly contested. Ruben R. Arnold of
04:02counsel for Frank has declared that no law on earth can force Frank to appear as a witness at the
04:07hearing.

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