00:00More affidavits to support Mincy claimed. The Atlanta Journal. Saturday, July 12, 1913. Frank's
00:06attorney said to have corroborating evidence Newt Lee denied freedom. Joseph H. Levitt, an attorney
00:11with offices at 422 Grant Building, the man who secured the affidavit of W. H. Mincy, who alleges
00:18that James Conley confessed to the killing of a girl on April 26, the day Mary Fagan was murdered,
00:24declares that a number of affidavits fully corroborating every word that Mincy has said
00:28are in the hands of counsel for the defense of Leo M. Frank. Mr. Levitt states that the Mincy
00:34affidavit is really much stronger than the published reports, which have purported to give
00:39it substance. The reports are correct as far as they go, Mr. Levitt admitted to a journal reporter,
00:44but the affidavit dictated and signed by Mincy contains still more testimony, damaging to Conley.
00:51Mincy is a good citizen, Mr. Levitt told a journal reporter, a man of education and of character.
00:56However, every assertion which he made in the affidavit has been corroborated.
01:01Then you must mean that someone else heard the confession Mincy claims that Conley made?
01:05The reporter asked.
01:07Yes, others had it, was the answer of Attorney Levitt.
01:11While he states that he doesn't know his address, Mr. Levitt says that he is confident
01:15that Mincy will be here when Leo M. Frank faces a jury on the charge of murdering Mary Fagan.
01:21Mincy in his affidavit claims that he went to see Conley on the afternoon of April 26,
01:25the day Mary Fagan was murdered to solicit insurance from him, and that Conley became
01:31angered and told him that he had killed a little girl that day and did not want to have
01:35to kill another person.
01:36The police make light of the Mincy affidavit and say that Mincy once came to headquarters
01:41to identify a man he had seen drunk in the Negro quarter.
01:44He saw Conley, they say, and then admitted that he had never seen the Angro before.
01:49Attorney Levitt says that the affidavit will give a good reason for Mincy's failure to make
01:53known at once the information which he claims to have on the sensational murder case.
01:58Solicitor General Dorsey and Attorney Frank A. Hooper, who will assist him in the prosecution
02:02of Frank, grilled James Conley at headquarters for more than an hour Friday afternoon.
02:08While Mr. Dorsey would not discuss the matter, it is understood that he questioned Conley
02:12closely about the statements alleged to have been to Mincy, and the Negro claims that he never
02:17saw the insurance agent except at police headquarters.
02:20Lee denied freedom.
02:22The only result of the hearing of the habeas corpus writ for the release of Newt Lee Saturday
02:26morning was the announcement of the sheriff that the Negro would be given increased opportunities
02:31for taking exercise.
02:33The Negro himself stated to the court that he was perfectly willing to remain in jail until
02:38the Mary Fagan murder case has been disposed of.
02:41He said that he was well treated and well fed, and that his only complaint was that he was stiff
02:46from a want of exercise.
02:48Sheriff Mangum then told the court this was the first he had heard of the Negro's want
02:52of exercise, and that he would see that he had plenty in future.
02:56Attorneys Graham and Chappell, counsel for Lee, made two points in their petition for a habeas
03:01corpus.
03:02First, that the Negro night watchman had been bound over by the coroner's jury, and that
03:06the two grand juries had failed to act on his case, and second, that Lee was not a material
03:11witness.
03:11The attorney admitted, however, in his petition that the Negro did find Mary Fagan's body.
03:17Solicitor Dorsey declared that Lee was one of the most material witnesses of the state,
03:21and that he could testify, continued on page 5, Colonel 2.
03:26More affidavits to support Mincy claimed, continued from page 1, to several points that no one else
03:32could.
03:32The hearing then developed into whether or not Lee should be placed under bond as a material witness,
03:37or whether he should be held in jail as a witness.
03:40Couldn't make bond.
03:41The Negro said that he couldn't make bond, and an order remanding him back to the custody
03:46of Sheriff Mangum was issued by Judge W.D. Ellis, who was presiding.
03:50Attorney Chappell, who wanted to go into the issues of the case, presented a petition to
03:55have Leo M. Frank, who is charged with the Fagan murder, and James Conley, self-confessed
04:00accomplice, brought into court.
04:01The Solicitor General stated that he would admit the several things which Attorney H.
04:06Capel set out in his petition, and that phase of the case was disposed of.
04:10Attorneys Ruben R. Arnold and Luther Z. Rosser, counsel for Frank, were in court to fight any
04:15effort to bring Frank to the court, if a fight had been necessary.
04:19Mr. Arnold stated that a complete and exhaustive examination of Frank had been made at the inquest,
04:24and he was ready to produce the record of Frank's statement if it was needed.
04:28Solicitor General Dorsey told the court that he would submit the warrant binding over Lee
04:32to the grand jury to that body, but could not conscientiously ask that Lee be indicted for
04:37murder, as there is no evidence against him.