Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-07-11
Staying CHARGE
FOR CONLEY IS
EXPECTED
Speedy Indictment of Negro Is
Likely Following Publication
Of Mincey Affidavit.

The speedy indictment of Jim Con-
ley on the charge of numbering Mary
Phagan was the strong possibility dis
cussed in court circles Friday follow
ing the sensational turn given the
strangling mystery by The Georgian's
publication Thursday of the accusa-
ton Of William H. Mincey, an in
surance solicitor. that he had heard
the negro boast on the afternoon of
the crime of killing a girl.
For nearly two months a self-con-
fessed accessory after the fact of the
murder of the little factory girl, Con-
ley has been allowed to go without an
attempt at bringing an indictment
against him. The startling new evil
dence which indicates most strongly,
if the credibility of the defense's wit
ness 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 in
vestigation by the Grand Jury of all
the rumors and stories which have
been in circulation of the negro's con-
nection with the pencil factory trag-
edy.
Counsel Relies on Mncey.
Attorneys for the defense have ex-
pressed 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 head
quarters. 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 detec-
tives, and Harry Scott, OF the Pinker-
tons, said that If Mincey had related
to them the story told In his sensa-
tional affidavit they would have made
an immediate investigation in an at
tempt 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 80 far as it
provides an answer to the detectives,
was that he did tell the same story to
them; that he did idencify 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 men
ton 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 With
in a few minutes Scott was in con-
ference with Chief Lanford and It
was said that 1t had been decided
to make a search for Mincey with
view of bringing him before Solicitor
Dorsey for a grilling in regard to his
story accusing the negro.
News Disturbs Dorsey.
Solicitor Dorsey was evidently dis
turbed by the new turn in the mys-
ment of his intentions in respect to
quizzing Mincey. providing Mincey
can be found. The witness is said to
be in Chattanooga at present teach
ing school. Leo Franks lawyers, If
they know Mincey's whereabouts, are
keeping 1t a profound secret. They
had not intended even that the con-
tents of his affidavit should be made
public. They declared, however, that
he would be on hand for the trial
prepared to repeat everything he said
in the affidavit
The latest rumor in connection with
the Phagan mystery is that the girls
mesh bag pocketbook which she car
ried to the factory on the day she
met her death has been found and
has been examined for finger prints.
This rumor could not be confirmed at
police headquarters.
Lee Hearing Saturday.
The habeas corpus proceedings in
behalf of Newt Lee, night Waterman
at the pencil factory, will be fought
out Saturday forenoon at 10 O'Clock
before Judge Ellis. Bernard L.
Chappell. representing the negro. said
that he would issue subpenas for at
least SO witnesses whose testimony
he would rely upon to obtain the free
dom of his client.
Among them will be Leo M. Frank
and Jim Conley. The appearance OF
both of these men, the first accused
of murder, the second held as a ma
terial witness, will be bitterly con-
tested. Reuben R Arnold, of coun-
sci for Frank, has declared that no
law on earth can force Frank to ap-
pear as a witness at the hearing.