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Saturday, July 12, 1913

Frank's Attorneys Said to Have Corroborating Evidence, Newt Lee Denied Freedom

Joseph H. Leavitt, an attorney, with offices at 422 Grant building, the man who secured the affidavit of W.H. Mincey, who alleges that James Conley confessed to the killing of a girl on April 26, the day Mary Phagan was murdered, declares that a number of affidavits fully corroborating every word that Mincey has said, are in the hands of counsel for the defense of Leo M. Frank.

Mr. Leavitt states that the Mincey affidavit is really much stronger than the published reports, which have purported to give its substance.

The reports are correct as far as they go, Mr. Leavitt admitted to a Journal reporter, but the affidavit dictated and signed by Mincey contains still more testimony, damaging to Conley.

"Mincey is a good citizen," Mr. Leavitt told a Journal reporter, "a man of education and of character. However, every assertion which he made in the affidavit has been corroborated."

"Then you must mean that some one else heard the confession Mincey claims that Conley made?" the reporter asked.

"Yes, others heard it," was the answer of Attorney Leavitt.

While he states that he doesn't know his address, Mr. Leavitt says that he is confident that Mincey will be here when Leo M. Frank faces a jury on the charge of murdering Mary Phagan.

Mincey in his affidavit claims that he went to see Conley on the afternoon of April 26, the day Mary Phagan was murdered to solicit insurance from him, and that Conley became angered and told him that he had killed a little girl that day and did not want to have to kill another person.

The police make light of the Mincey affidavit, and say that Mincey once came to headquarters to identify a man he had seen drunk in the negro quarter. He saw Conley, they say, and then admitted that he had never seen the Negro before.

Attorney Leavitt says that the affidavit will give a good reason for Mincey's failure to make known at once the information, which he claims to have on the sensational murder case.

Solicitor General Dorsey and Attorney Frank A. Hooper, who will assist him in the prosecution of Frank, grilled James Conley at headquarters for more than an hour Friday afternoon. While Mr. Dorsey would not discuss the matter, it is understood that he questioned Conley closely about the statements alleged to have been to Mincey, and the negro claims that he never saw [the] insurance agent except at police headquarters.

LEE DENIED FREEDOM.

The only result of the hearing of the habeas corpus writ for the release of Newt Lee Saturday morning was the announcement of the sheriff that the negro would be given increased opportunities for taking exercise.

The negro himself stated to the court that he was perfectly willing to remain in jail until the Mary Phagan murder case has been disposed of. He said that he was well treated and well fed, and that his only complaint was that he was stiff from a want of exercise.
Transcript
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.

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