Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-07-02
LIKELY
TOGO OVER
DORSEY'S
HEAD
Indictment Of Negro Sweeper
Would Be Severe, Blow to
Prosecution Of Frank.

That the Fulton County Grand Jury
will go over the head Of Solicitor
General Hugh NJ. Dorsey and indi,t
Jim Conley the negro sweeper, for
the murder OF Mary Phagan, In con-
nectioa with Leo NJ. Frank, was a
probability which came to light Tues
day.
While the report was not verified.
its origin was such as to throw
bomb into the camp of the prosecu-
ton, as II will mean the indictment
Of the star witness in the States case
against Frank
In the event that Conley Is indicted
II will mean also that he will be taken
from the custody Of the police. where
he has been carefully guarded from
the defense, and will be placed in the
county jail, where Frank is being
held.
Rumors that Newt Lee. negro night
Waterman at the National Pencil fac
tory, had made sensational disclosures
10 his attorney, Bernard L. Chappen,
and would be one of the States most
| important witnesses in the trial Of
Leo NJ. Frank, were set at rest Tues
day by Mr.. ChappelI.
The negroes attorney said after the
inquest that he would make no effort
to procure the release Of Lee, as he
believed his client was a vital wit
ness and it would be the wisest plan
for him to remain ii. the protection of
the State
His statements at this time and up
to the date Of the indictment found
against Frank led to the impression
that Lee had confded in his lawyer
significant circumstances which he
had told neither to the detectives nor
to the members Of the Coroner's jury.
Denies Confession Reports.
Mr.. Chappell said Tuesday. how
ever, that Lee had told nothing which
had not already been published in the
newspapers and that he was abso-
lutely certain that the negro had been
holding back nothing. The attorney
said that until Conley had made his
string Of affidavits for the detectives
he had regarded Lee as one Of the
most important witnesses the State
could produce
Conleys entrance into the case, he
thought changed the whole ASPECT of
the mystery and largely eliminated
the importance of Lees testimony for
the reason that its significance on the
assumption that Frank was the only
person having the opportunity to
commit the crime was lost when il
became known that Conley also was
in the factory and acting suspiciously
near the time 1t is thought the girl
was murdered.
Lees testimony still remains val
liable in the eyes of the attorneys for
the prosecution. and the night watch
man will be called to add to the long
string Of circumstantial evidence that
viii be produced by the State. So
licitor Dorsey regards as highly sig
nihcant the pegro's story of what
happened the Saturday afternoon of
the murder.
Two Sides of Phone Incident.
One Of the circumstances that the
State considers suspicious is that
Newt Lee found the door leading from
the second floor down to the first
closed and locked. It had been his
experience, he has testified, that
Frank, when in the ebuilding alone,
would lock the street door, but leave
the door between the two floors wide
open.
Lee said that he went to Franks
Office and that the factory superin-
tendent was rubbing his hands in i
nervous manner Another feature Of
his testimony was that Frank called
him up in the evening. something he
never had done before While the p
prosecution will lay great weight on
this testimony. the defense will seek
to show that 1t is entirely without
significance.
Admitting that Frank never called
Lee before in the evening, Franks
attorneys will present evidence 10
show that he had called repeatedly
when the former night Waterman was
employed at the factory, and that he
was led to call the night of, April IS
because a discharged employee, ]. NJ.
CAN'T. had been in the factory and he