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  • 7 weeks ago
The Atlanta Journal

Wednesday, July 16, 1913

*Editor's Note: A small section of text is missing from the article due to scanning blur near a page fold.

CONLEY NEGRO MAY BE INDICTED OVER DORSEY'S PROTEST

New Grand Jury Will Take Up Case and Make an Effort to Get a True Bill Against Negro as Principal

NEGRO HAS ALREADY ADMITTED COMPLICITY

Solicitor Dorsey Is Expected to Vigorously Oppose Jury's Move—Negro Sweated Again by Detectives

It was learned Wednesday by The Journal, on reliable authority, that there is a strong probability of the Fulton county grand jury which was recently organized by the election of W.D. Beattie as foreman will take up the case of Jim Conley, negro sweeper at the National Pencil factory, and confessed accomplice to the murder of Mary Phagan, before the trial of Leo M. Frank, who is accused of the crime by the negro, is entered upon.

If the grand jury takes up the negro's case, it is believed that a bill charging the negro with the crime as a principal will be considered and if an indictment is brought it seems probable that murder will be the charge.

The grand jury will take up Conley's case over the vigorous protest of Solicitor Hugh M. Dorsey, who it is stated, has not changed his theory about the murder.

Solicitor Dorsey has from the beginning taken the position that Conley should be held as a material witness and that this was not the time for the grand jury to investigate his connection with the Phagan murder. If the grand jury takes up the negro's case there seems little doubt that the solicitor will bitterly oppose its action.

An indictment of Conley prior to the trial of Frank as principal would undoubtedly greatly weaken the state's case, and the solicitor is expected to use […] jury to persuade if not to consider an indictment.

MEETS THIS WEEK.

A meeting of the grand jury will probably be called during the present week, its chief object being, it is said, to take up Conley's case. It is said that a number of the members of the jury are of the opinion that it is the grand jury's duty to investigate Conley's story and determine whether an indictment should not be returned against him.

In response to their requests it is said that the foreman, W.D. Beattie, has practically decided to call a meeting. Foreman Beattie was in conference with the solicitor Tuesday, but both of them declined to state what the subject of their conversation was.

It is believed that the probability of the grand jury taking up Conley's case and considering an indictment was the cause of the sweating given to the negro Wednesday by the solicitor and Detectives Starnes and Campbell.

It is probable that the solicitor wanted to go over the negro's story and make doubly sure that he had told everything that he knows in connection with the crime. Whatever the object, it is known that the negro was put through a grueling examination, and that every effort was made to wring additional information from him.

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00:00Second Fagan Indictment Probable, The Atlanta Journal, Wednesday, July 16, 1913.
00:06Editors note, a small section of text is missing from the article due to scanning blur near a
00:11page fold. Conley Negro may be indicted over Dorsey's protest. New grand jury will take up
00:17case and make an effort to get a true bill against Negro as principal Negro has already
00:21admitted complicity. Solicitor Dorsey is expected to vigorously oppose jury's move.
00:26Negro sweated again by detectives. It was learned Wednesday by the Journal on Reliable Authority
00:32that there is a strong probability of the Fulton County grand jury which was recently organized
00:37by the election of W.D. Beatty as foreman will take up the case of Jim Conley, Negro sweeper at
00:44the
00:44National Pencil Factory, and confessed accomplice to the murder of Mary Fagan before the trial of
00:50Leo M. Frank, who is accused of the crime by the Negro, is entered upon. If the grand jury
00:56takes up the Negro's case, it is believed that a bill charging the Negro with the crime as a
01:00principle will be considered, and if an indictment is brought, it seems probable that murder will be
01:06the charge. The grand jury will take up Conley's case over the vigorous protest of Solicitor Hugh M.
01:12Dorsey, who it is stated has not changed his theory about the murder. Solicitor Dorsey has from the
01:18beginning taken the position that Conley should be held as a material witness, and that this was not
01:23the time for the grand jury to investigate his connection with the Fagan murder. If the grand
01:28jury takes up the Negro's case, there seems little doubt that the Solicitor will bitterly oppose its
01:32action. An indictment of Conley prior to the trial of Frank as principle would undoubtedly greatly weaken
01:38the state's case, and the Solicitor is expected to use jury to persuade if not to consider an
01:43indictment. Meets this week. A meeting of the grand jury will probably be called during the present
01:49week, its chief object being, it is said, to take up O. Sinley's case. It is said that a number
01:54of the
01:54members of the jury are of the opinion that it is the grand jury's duty to investigate Conley's story
01:59and determine whether an indictment should not be returned against him. In response to their requests,
02:04it is said that the foreman, W. D. Beatty, has practically decided to call a meeting. Foreman Beatty
02:10was in conference with the Solicitor Tuesday, but both of them declined to state what the subject of their
02:15conversation was. It is believed that the probability of the grand jury taking up Conley's case and
02:21considering an indictment was the cause of the sweating given to the Negro Wednesday by the Solicitor and
02:27Detective Starnes and A. C. Emble. It is probable that the Solicitor wanted to go over the Negro's story and
02:33make doubly sure that he had told everything that he knows in connection with the crime. Whatever the object, it
02:39is
02:39known that the Negro was put through a grueling examination and that every effort was made to ring
02:45additional information from him. Conley grilled again. James Conley, the Negro was, has confessed that he was an
02:52accessory in the Mary Fagan murder, was grilled again Wednesday by Detective Starnes and Campbell, who have been
02:58working under the direction of the Solicitor General. While the Solicitor maintains that the state's theory of the
03:03crime has not been changed, and he is going ahead with plans for the trial of Leo M. Frank on
03:09July 28th, the
03:11continued sweating of the Negro has occasioned much speculation. Immediately after Conley made his three
03:16startling affidavits in which he, continued on page seven, Colonel one, Conley Negro may be indicted over
03:23Dorsey's protest, continued from page one, said that Frank killed the girl and that he helped dispose of
03:29her body. He was cross-examined for hours at a time, the Solicitor and the detectives making themselves
03:35thoroughly familiar with the case. Then he was allowed to rest for several weeks, but now, almost on the eve
03:41of the Frank trial, the officers have commenced more vigorously than ever their cross-examination,
03:46and this occasioned the rumor that Conley has again changed his story, or that the detectives are
03:52expecting still another confession. Solicitor Dorsey on Tuesday examined a new witness, a young woman who
03:59made a lengthy statement which the state considers of importance. The woman's story had no direct
04:04bearing on the crime, it is said, and can only be used in event the defense puts Frank's character
04:09in issue. Preparations for the Frank trial, which will be held in the courtroom on the first floor of
04:14the old city hall, are now being made by Deputy Plenty Minor and other court attaches. When the sweating of
04:21Conley was concluded shortly before two o'clock, it developed that Solicitor General Hugh M. Dorsey had been
04:27present at the questioning. He left the room in company with City Detectives Stairs and Campbell,
04:33all of whom declined to give any intimation of what had transpired behind the closed doors.
04:38The Negro was immediately led back to his cell.

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