Atlanta Georgian. (Atlanta, Ga.) 1912-1939, July 26, 1913, Image 3

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THE ATLANTA GEORGIAN AM) NEWS 3 4» CHAPTER 4 IN PHAGAN MYSTERY Inquest Into Slaying of Factory Girl and First Sensational ‘Confession’ of Negro Sweeper Jim Conley. CHAPTER IV. Through all the interrogation of witnesses by the Coroner’s jury and through the ordeal of a half day's in quisition of Leo M. Frank, no bit of direct and positive evidence was de veloped against either Newt Lee or Frank. When, however at the close of their session on Thursday, May 8, the six jurors found that Mary Pha- gan had come to her death by strang ulation and ordered that Frank and Lee be held to the Grand Jury, they did the only thing left to them. So far as they knew at that time Frank and Lee were the only persons who could have had the opportunity to commit the crime. They knew’ that they were unequal to the mystery, the baffling elements of w’hich mounted in numbers and proportions as the case progressed. They passed it on to the Grand Jury. Lee and Frank, as the two persons who presumably would know the most about the crime, were probably the most important witnesses but the closest interrogation of the negro failed to bring out any important tes timony that he had not already given the officers. Frank Recalled to Stand. Frank was recalled to the stand for a few moments when the inquest re sumed Thursday, May 8, but nothing was developed. The spectators, how ever. were sure that disclosures which might fix the guilt for the crime would be made during the testimony of Har ry Scott. who had been working on the case for the Pinkertons. *Scott fol lowed Frank upon the stand. He told of his negotiations with Frank and the other National Pencil Company officials. The little room was hushed await ing the answer when Coroner Donehoo shot at him just as his testimony was concluding: “Have you any definite clew as* to who committed this awful murder?'’ Scott’s reply was a disappointment to those in the crowded inquest room. “I would not care to commit myself that far,” he said. “Have you any definite suspicion?” persisted Coroner Donehoo. Detectives Non-committal. “We are working along a chain ol evidence which I would not ca/? to give out,” the detective replied. Detective Black’s testimony was fully as non-committal. It w’as a striking commentary on the fact that the detectives had been working on the case near two weeks and as yet had no more idea of the identity of the murderer of Mary Phagan than they h»d at the end of the first three da vs after the body was found. They had a “chain of evidence” which established that Leo Frank was in t’?e factory when Mary Phagan ar rived and later was attacked, a cir cumstance which Frank already had freely and promptly acknowledged Beyond this they had nothing direct or positive. They had dropped all their suspi cion of Gantt and Mullinax and tha young men were released. After both had been identified with a degree of certainty that left little doubt that they had been with Mary Phagan the night that she waf slain, it was proved that neither had seen the little factory girl for weeks. Mullinax Freed by Girl. The loyal defense of Mullinax by Miss Pearl Robinson, his pretty 18- year-old sweetheart, was one of the bright spots in the sordid murder mystery. When she heard of the things of which the police were ac cusing her lover she went with all s*peed to the station and there, indig nant that anyone could make such a blunder as to suspect “Arthur,” she told the detectives what she thought of them, declared that Mullinax was with her at the time the crime then w’as thought to have been committed, and finally all but stormed his cell and took him away with her. With the work of the Coroner’s jury finished, conjecture at once arose as to the probable action of the Grand Jury. The handling of the case passed at this time largely out of the control of the detectives and was assumed by Solicitor General Hugh M. Dorsey. Within a few days his announcement came that he had .engaged the “great est detective In the world,” and it be came the general hope that when the Grand Jury met to consider the case, some positive evidence would have been developed to fasten the crime definitely upon one person or another. Burns Man Investigates. The “greatest detective” proved to be Frank Pond, at one time a Pinker ton operative. What evidence of value he uncovered is still a secret closely guarded by the Solicitor. About the same time negotiations were started to bring the world-famous W. J. Burns to Atlanta. Burns, however, was abroad, having just taken part in the search for J. Wilberforee Martin, the wealthy Memphian, and was un able to come at once. C. W. Tobie, one of the Burns superintendents, FACTORY SUPERINTENDENT WHO IS CHARGED WITH SLAYING GIRL His testimony at the inquest was straight forward and convincing of his innocence. Mary Phagan by choking her to death with a cord about her neck. The jurors had barely gathered when over at the police station Jim Conley, practically ignored by the detectives up to this time, made his first con fession following an interview in The Georgian with E. F. Holloway, day watchman at the factory, in which Holloway accused the negro of know ing much more about the killing of Mary Phagan than he had told. Conley sent for Detective John Black. “Boss. I wrote them notes,” the negro said, as soon as Black appeared. Black w r as thunderstruck. The pos sibility that Conley wrote the notes had hardly entered the minds of the detectives. They had centered on the theory that Frank committed the crime and readily adopted the belief that he disguised his hand and scrawled the almost illegible and un intelligible notes that were found by the body of the dead girl. Black at one© took Conley to the office of Chief I^anford to obtain his full statement. An affidavit was pre pared and the negro swore to it. It related that he had written the notes at the direction of Frank and in Frank s office. He said that he was working in the factory Friday, the day before the murder, and that Frank came to him and told him to come into the office. It was four minutes pf 1 o’clock. Says Frank Dictated Notes. Frank told him to write: “Dear Mother, a long tall black negro did this by himself.” according to Conley. The negro said that Frank had him write several times on a white scratchpad single ruled and then on a pad of brown paper. Frank then took the pencil and copied it, said Conley, muttering after a moment, “Why should I hang?” Conley’s remarkable story created a turmoil in police circles and aroused the public to a pitch of excitement that had not been equaled since the first days following the slaying. It pointed to the certainty that Conley knew’ a great deal in regard to the murder. It had, however, one puz zling feature that robbed it in the public mind of much of its credi bility. • Conley asserted that the notes were written on Friday. This statement, on its face, w’as utterly ridiculous and improbable. No one believed that the murder was planned a day ahead of time. Frank, if he was guilty, did not know’ that Mary Phagan was coming in the factory at a certain time the next day, and had he known, no one held the conviction that he deliber ately planned her slaying. Suspicion Turns to Negro. Conley’s story carries the assump tion that Frank on Friday afternoon w’as preparing to destroy Mary Pha- gan’s life the next day. The first ef fect of the weird tale was to direct suspicion most strongly to the negro himself. He had shown that he had a knowiedge of the crime. A comparison of his writing with that on the murder notes showed them to be identical. It did not re quire any handwriting expert to de termine this. Half a dozen of the ex perts had declared the writing to be that of Lee. Others had said it waH Frank’s cleverly disguised. A few' FRECKLES Don’t Hide Them With a Veil; Re move Them With the Othlne Prescription. This prescription for the removal of freckles was written by a prom inent physician and Is usually so rul in thought that Mary Phagan herself was the author. By the next day the detectives had decided that Conley’s story was worthless so far as it accused Frank. It must be changed if it were to be regarded as incriminating in the least. Conley was brought into l^anford’s office the next Tuesday to be grilled again. The “sweating” had its effect. Conley’s second “confession” was given to the public. This time he said that he wrote the notes on Satur day instead of Friday. He explained that he had said Friday in the first place because he was afraid he would be connected with the crime if he ad mitted he had been In the factory on the day the girl was killed. Says Frank Called Him. In his first confession he said that Frank had called him from an aisle where he was working into the of fice. Jn the second he declared that he met Frank at Nelson and Forsyth streets about 10 o'clock Saturday morniqg, and that Frank had told him to wait a few minutes while he went into Montag Brothers' plant. The negro said that Frank wan gone about 20 minutes, and then the tw r o of them walked toward the pencil fac tory. His story was that Frank told him to sit on one of the boxes on the first floor until he heard a w’histle. While sitting there he saw’ several persons enter the factory and others leave. He thought that he must havt fallen asleep, for he was aroused by the sound of a w’histle. Looking up he declared he saw’ Frank standing at the head of the stairs leading to the second floor. FTank beckoned to him. he said. On reaching the second floor, Conley related that Frank grip ped him nervously by the arm and led him into the office. Then followed the tale of the note waiting, which was given in the first affidavit. When Conley’s signature had been affixed to this second affidavit and he had solemnly asserted, “I’m telling the truth this time, w’hite folks,” the de tectives still were dissatisfied with his story. They did not believe he had told all he knew’. His story as it stood had several statements that con flicted with the stories of other per sons w r ho had been in the factory during the day. Discrepancies In His Story. He had told of seeing Miss Mattie Smith and Foreman M. B. Darley leave the building. He had repeated their conversation and had described Miss Smith’s apparel. But he had said that he was not in the factory until he came with Frank at 11 o’clock, and both Miss Smith and Dar ley had testified that they left be tween 9:30 and 10 o’clock and did not return. He was vague on several other points that made ills story suspicious He appeared to be holding something Mother Stanislaus Tells of Recovery Any person vrho may doubt the merit* of Eckman’s Alterative, a remedy for the Throat and Lungs, which has brought about many complete recoveries, should investigate the case of Mother Stanislaus of St. Anne’s Convent, Sanford. Fla. She writes: Convent of St. Anne. 80A Oak Ave., Sanford, Fla. “Gentlemen: In February. 1911, four doctors examined my throat and pronounced the ne cessity of an operation. Having heard at Peekaklll, N. Y.. Molherhouse of the Sisters of St. Francis, where I was visiting, of Eekman's Alterative, I determined as a last resort to try it After taking four or five bottles large pieces of diseased tissue came away. I con tinued the Alterative, to my grateful and dally relief. In ten months I was restored to perfect health. I would be glad to write or talk to ' any person who may have a doubt about It , I would like them to see and hear from my own lips, if they so desire, all I would say of it.” (Signed) MOT ITER M STANISLAUS. (Above abbreviated; more on request) Eekman’s Alterative has been proven by many years’ test to be moat efficacious In cases of severe Throat and Lung Affections. Bronchitis, Bronchial Asthma. Stubborn Colds and in up building the system. Does not contain nar ootics, poisons or habit-forming drugs. For sale by all Jacobs’ Drug Stores and other lead ing druggists. Write the Eckman Laboratory. Philadelphia, Fa., for booklet telling of recov eries and additional evidence. came in hia chief’s place and worked on the case for several weeks, and then left without making announce ment of any important discoveries. Along with these sleuths a half dozen other experts were drawn into the mystery. Among them were P. A. Flak, the New York finger-print expert; L. J. Fletcher, Bertillon ex pert at the Federal prison, and a number of physicians and bacteriol ogists. Lessening in significance much of the work accomplished and the evi dence found by these men was the fact that they for the most part had concluded their investigations and had left the city before one of the most important elements of the whole mys tery was introduced which they had not given consideration in their in vestigations or in their theories. This element was the fact that there was another person, of whom they knew nothing, in the factory at the time the girl was attacked. Pond’s Theory Shattered. Frank Pond, “the greatest detec tive," is understood to have said that he could fix the guilt upon Frank by a process of elimination. He con sidered one person after another, j showing that it would have been im- | possible for each one of them to com mit the crime. When he had finished, Leo Frank I was the only one to whom sufficient opportunity had been afforded. But; he was unaware of the presence In j the building of a skulking negro, who from his hiding place watched the! factory girls and other employees as ! they entered and left the building. As the day for the Grand Jury ses sion approached, the Solicitor re doubled his efforts to obtain some definite evidence for presentation to the jurots. A sensation was created when the Solicitor, Dr. J. W. Hurt, County Physician, and T>r. H. FT Harris, Director of the State Board of Health, made a secret trip to Ma rietta and exhumed the body of Mary Phagan in the little graveyard there. It was rumored that the Solicitor had come into possession of startling evidence which he hoped to strength en by a re-examination of the body. The mystery was deepened when a second trip was made to the cemetery and the body again taken up. Dr. Harris never revealed the results of his analysis of the girl’s stomacn, which was made on the theory that she had been drugged. Factory Girls Questioned. A succession of witnesses visited Dorsey every day. He turned one witness out only to admit another. Scores of girls from the factory were questioned in regard to Frank’s ac tions toward them. It was supposed that if any of these girls gave the Solicitor the evidence for which he successful in removing freckles and giving a clear, beautiful complexion that It is sold by Jacobs* Pharmacy under an absolute guarantee to re fund the money if it fails. Don’t hide your freckles under a veil; get an ounce of othlne and re move them. Even the first few ap plications should show a wonderful .mprovement, some of the lighter freckles vanishing entirely. Be sure to ask the druggist for the double strength othlne; it is this that la sold on the money-back guar antee. was looking they would be placed on the stand at the trial in the event that F'rank’s character was put in issue. One of the startling stories that came to the Solicitor’s ears was that cries of anguish had been heard com ing from the factory at 4:30 o’clock the Saturday afte'rnoon that Mary Phagan was killed. Miss Willie M. Ross, No. 259 Crew street, is the young womefn who was said to have given the Solicitor the information. At 4:30 in the afternoon Frank was alone in the factory, so far as is known, except for the Phagan girl. Miss Ross is said to have told the Solicitor that she heard piercing screams as she was passing the fac tory Saturday afternoon. She said that at first the cries were shrill and distinct and then died away into moans and became inaudible. Two blank bills of indictment were presented to the Grand Jury when it met Friday, May 23. One was drawn against Frank and the other against Lee. Murder by strangulation was charged in each of the bills. While the jury was deliberating came the sensational charges of attempted bribery made against Colonel Thomas B. Felder by A. S. Colyer, Jr., work ing in co-operation with the detective department. Fielder was accused of trying to buy Phagan evidence in the possession of Chief of Detectives Lanford by offering Lanford’s secre tary, G. C. Febuary, $1,000. New Sensations Sprung. The next day, Saturday, was re plete with sensations. An indictment was brought against Leo Frank, charging him with the murder of Funeral Designs and Flower* FOR ALL OCCASIONS, Atlanta Floral Company, 455 EAST FAIR STREET. PAY ME FOR CURES ONLY If yoP*have txwn taking treatment for week* and month* and pay ing out your hard earned money without being oured, don't you think It le high time to acoept OR. HUGHES' GRAND OFFERT You will certainly not be out any more mona If not cured. Co# il - tatlon and Examination are Freo for the next thirty day*. If I decide that your condition will rot yield readily to my treat ment. I will be honeat with you and tell you so. and not accept your money under a promise of a cure. My treatment will positively pure er I will make you n# aharpe for the fallowing disease*: KIDNEY, BLADDER AND URINARY TROUBLE, STRICTURE, VARICOCELE, HYDROCELE, NERVOUS DEBILITY, RUPTURE, ULCERS AND SKIN DISEASES CONTAGIOUS BLOOD POISON Catarrhal Affections. Pile* and Fistula and all Nervous, Chronic and Private Disease* *of Men and Women. Newly contracted and chronic Cases of Burning. Itching and Inflammation stopped in 24 hours. I am against high and extortionate frt-e charged by some physl lans and specialists. My foes are reasonable and no more than you are willing to pay for a cure All medicines, the surest and best of drugs, are eupplld from my own private laboratory. OUT OF-TOWN MEN VISITING THE CITY, consult me at once upon arrival, and maybe you can be cured before returning home. Many cases ran be cured In one or two visits. CALL OR WRITE—No detention from business. Treatment and advice confidential. Hour* 8 a m. to 7 p. m. Sunday. S to 1. If you can't call, write and give ine full description of your case In your own words. A complete consultation coats you nothing and If I can help you I will. ttg. Him, rtlicu Reduction Sale Now Going On--To Make Room For Our New Hat Department Where we will carry a complete line of high- grade Hats, Caps, etc. Our first season in Men’s Furnishings—Everything fresh and new. The following substantial reductions are now in force DR. J. D. HUGHES, Opi 16 1-2 North Broad Stroat, Atlanta, Ga. on our entire stock of Shirts mi Neckw ear SHIRTS All $5.00 Shirts, now . $3.75 All $3.00 Shirts, now . $2.25 All $2.50 Shirts, now . $1.75 All $2.00 Shirts, now . $1.50 All $1.50 Shirts, now . $1.15 NECKWEAR All 50c Ties, now 3 for . $1.00 All $1.00 Ties, now 65c All $1.50 Ties, now' . $1.00 All $2.00 and $2.50 Ties, now . . . . $1.25 All $3.00 and $4.00 Ties, now. . . . $2.00 hark. The detectives and the public became convinced that he had seen Mary Phagan in the factory that tragic Saturday. Conley was believed to be on the verge of a full confes sion, He had displayed so much knowledge of the happenings that day in the factory that it seemed certain he must know more. When he was called into Chief Lan ford’s room the afternoon of May 29 it was recognized that it was to be a test of strength between the detec tives and the negro. It was a ques tion of whether they would be able to break down the negro's story and force him to give out a true state ment of all he knew about the mys tery. He was taken into the office of Chief Lanford shortly after noon. He was not returned to his cell until after 6 o’clock in the evening. For six hours questions were shot at him without ceasing. Grilling is Terrific. "You might as well tell us the truth now.” he was told when the long in quisition began. Time after time he protested that he had told everything he knew, and that he had not seen Mary Phagan, either alive or dead, on April 26. Baffled temporarily, the detectives each time returned to the attack. Ranged in front of the negro. Chief Lanford, Harry Scott and Detective Pat Campbell took turns in question ing their prisoner. His denials con tinued, but as the ordeal weakened him his protestations grew less vehe ment. Late in the afternoon Lanford’s secretary. G. C. Febuary, was hur riedly called into the room. Another statement was being taken from the negro. When Conley, looking worn and ex hausted, was led bark to his cell that night it was known that he had made another confession. Had he acknowledged having a part in the crime or having actually killed Mary Phagan? (To Be Continued To-morrow.) Light Seismic Shocks Felt at Georgetown WASHINGTON, July 25.—A mod erate earthquake shock wm recorded at Georgetown University to-day. The disturbance began at 7:44 o’clock and ended at 8:08 o’clock. The shock was along the east and west lines and is estimated by Father Torndorff, in charge of the observa tory, to have been about 3,000 miles from Washington. Bichloride Victim Saved After 10 Days RT. LOUIS, July 25.—Physicians at the City Hospital to-day claimed the first victory over bichloride of mer cury after it had gained considerable headway. After ten days’ treatment, they say Edward H. FMscher, victim of the poi son, will recover. It takes a baby a year or more to get six teeth. In a year or less six of yourteeth may be seriously damaged by lack of proper care. Proper care does not mean that you have to spend an hour a day scrub bing your teeth. Just two or three minutes in the morning and two or three at night. And the care that you give your teeth is an investment that comes back a hundred fold in better health, and a better chance to make your mark in the world. A few cents invested in a de licious dentifrice that gets you into the regular habit of teeth care, iscoinmon sense invested for your entire future life. You too should use COLGATE’S ribbon dental cream Davison-Paxon-Stokes Co. HAYES BROS. Tailors and Haberdashers 9 Peachtree St. Half Holiday Briefs in the Down-Stairs Section Women’s Silk Dresses at $3.85—values to $10.00. Women’s House Dresses at 98c—values to $2.00. Women’s Linen Suits at $2.95—values to $7.50. Women’s Rain Coats at $1.95. Women’s All Wool Serge Skirts at $2.00. Women’s Net Waists at $1.39—value $3.50. Women’s Silk Petticoats at $1.19—value $2.50. Girls’ $1.00 Wash Dresses at 69c. Boys’ $1.50 Wash Suits at 89c. Children’s 50c Rompers at 25c. Children’s fancy Socks at 10c pair. Women’s $1.00 Silk Gloves at 25c pair— small sizes only. Men’s and Boys’ Balbriggan Underwear at 25c garment. Two cakes of genuine Spanish Cas tile Soap for 5c—value 10c cake. Remnant Sale of Wash Goods Fine Zephyr Ginghams at 10c yard. 45-inch India Lawn at 10c yard. 36-inch Dress Percales 7 l-2c yard. Linen-finish Suiting at 7 l-2c yard. Unbleached Domestic, 27 inches wide, at 4c yard. Figured Plisse in small floral designs at He yard. Plain Voile in colors at 10c yard. 36-inch White Ratine at 19c yard. 36-inch White Pique at 15c yard. 27-inch White Pique at 10c yard. Fine Shirting Madras in fast colors at 12 l-2c yard. Sheer White Waistings at 10c yard. Fancy Voiles, Crepes and Suitings at 10c yard. Imperial Chambray Ginghams at 11c yard. A I, i.