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TTTE ATLANTA GEORGIAN ANT) NEWS. b CHAPTER 5 IN PHAGAN CASE <F % Geologist Has Just Completed Survey—Declares Vast Latent Wealth Is There. The Negro Conley’s Confession That He Was Frank’s Accomplice and Events Leading Up to Trial. Warren F the United : returned to Hal State district engin i Geological Survey, ta Friday from th« riortria Everglades, where, in com pany with E. T. F’erklns. M. O. Leigh ton and I sham Randolph, he made u survey to determine the feasibility of draining the great swamps. Mr. Hall is pleased with the result of the investigation and declares U will be possible to reclaim most of the water-covered area. "There are." said Mr. Hall, “hun dred* of square miles in the Ever glades where no white man h»s ever set foot. I predict that just as soon as enough money can he appropriated and Judiciously used this now useless territory can be turned into the most fertile farm land. Canal To Be Built. “The first great task to be under taken will be the construction of h canal which will connect Miami and Fort Meyers, thus uniting the east and west coasts of Florida This canal will he made navigable for the largest ships and will reduce the distance between these two points 365 miles “Florida some time ago made an appropriation for drainage work. Sev eral million dollars were spent. The work was done without due consid eration. The men engaged Jumped at conclusions, and as a consequence the work done la lost time and money uselessly spent, for the water does not run the light way. “An appropriation of $40,000 haa been made recently for Investigation alone to determine exactly what can be done. Our report has gone In and appropriated CHAPTER VI. “He H^o Frank) told me that he had picked up a girl back there and I had let her fall, and that her head ()f had hit against something—he didn’t know what it was—and for me io move her, and I hoilcred and told him the girl was dead!" With this startling accusation Jim f’onley introduced his third confes sion. Under the rack of a merciless third degree, continued through the long afternoon of May 29, he weak- ; ened or became desperate toward the I last and came out with his remark- J able affidavit, which laid the retpon- | sibllity for the killing of Mary Pha- gan directly upon the shoulders of the young factory superintendent. Either it was ail true or all false. ( If it were true, the negro simply had wilted under the ceaseless fire of the | detectives’ questions and had decided to own up to his share in the crime and to seek to protect Frank no long- ! er. If It were falae, Conley, driven to bay, had, as a forlorn hope of ( saving his otarn neck, concocted the marvelous tale to thrust the suapl- , cion of guilt upon the innocent Frank j Defense Attacks Confession. The latter Is the theory' of Frank’s lawyers, and they will advance it and bring evidence to support It and arg’Je In Its favor with all the ability at j their command when the trial, set for next Monday, is* under way. “Why, when the negro admittedly has told a long series of falsehoods and has perjured himself repeatedly since his arrest should this last weird tale of his be taken as the gospel ; truth?’’ is the question they ask. and apparently with some degree of rea the will be at $6,000,000 once. Beauties of Okechobee. ‘‘One place where the drainage work previously done proved a suc cess—Zona, Fla., about eight miles (West of Fort Lauderdale -a real es tate company purchased 10,000 acres of land for $i an acre. This com pany is selling this land at $60 acre strange spell of his acting had passed away aroused the suspicion that tlv-re was i possibility of this third affidavit, too, being a perjury and this wonderful acting being a product of the black man’s vivid imagination, spurred on by the shad ow of the gallows across his path. Since this dramatic event at the factory, the negro has not changed his story in any essential point, the den * tiv»w say. It is possible that the authorities are so sure of the truth of his tale that they are making no se rious efforts to gain further admis sions from him. They deny that this is a fact. They declare that when with the negro they have worked on the theory that he may be the actual criminal, and many times have put him through the third degree In an effort to get another confession out of him. Many inconsistencies have been found in Conley’s story. Many ap parent deviations from truth have been pointed out A number of state ments conflicting with the testimony of other witnesses were m;ide. But it remained for William H. Mincey, school teacher and insurance agent, to give the negro the lie direct and to charge him with the crime. Mincey Affidavit a Bomb. Next to the story of Jim Conley himself, the affidavit of Mincey, ac cusing the negro of the boast of killing a girl, was the most sensa tional of the entire I’hagan mystery. In the point of direct accusation, it even surpassed the tale of Conley. Events of importance have oc curred in the case through June and July up to the present, but the state ment of Mincey overshadowed them all. Minola MrKnight, negro cook, grill others entered the building, the tale of Mincey took on new importance. He was taken to the office of Attor ney Rosser and there his statement was transcribed. Story Causes Turmoil. The publication of his accusations created great excitement in detec tive circles. Harry' Scott. Pinkerton detective, rushed to the police station, where he made the declaration tha* Mincey never told them a story* of that sort when he came there to iden tify Conley. He added that Mince* had appeared far from confident t h a; day that Conley was the man he had talked to Saturday afternoon, April 26. Chief Lanford scouted the sforv and said he believed it to be a baseless fabrication. He hardly thought the defense would call Mincey to the wit ness stand when the trial actually be gan. Solicitor Dorsey set out at on e to make an investigation of the story. He looked up Mlncey's history in every place he had lived in Georgia. He also was the recipient of rnanv letters concerning the insurant agent-teacher. At the end of a week he announced that he believed ie would be able to discredit the affi davit. Subsequent developments are re cent history. June 3ft. the date orig inally set for the 4 dal, approached, there were vvell-authenticated rumors that a postponement would be granr- ed. Judge L. S. Roan, who will pre side at the trial, was present at a son. I ed in what Mrs. Frank, wife of the accused factory superintendent, was True or false, the negro’s story was | pleased to fnrm “the detectives’ tor- wonderfully impressive to the thou- tore chamber,” signed her name to sands who read his damning unctisn- i an affidavit which told of incrim- tions against the factory superintend-{inatlng incidents at the home of nt next day. If the affidavit were a ; Frank the night of the murder and fabrication of the negro’s guilty mind, j the next morning. Within a few It was most cleverly and shrewdly hours after she had been liberated conceived. There was Just enough ! from the police station she denied to detail to his narration of how he had assisted Frank to dispose of the body to give the statement the color of nat uralness and verity, and not such m overabundance as to lead to the sus picion that the Incidents were being manufactured in the brain of the narrator. Negro Sticks to Story. If Conley's story of the alleged part he had in the killing of the little fac tory girl was dramatic, his re-en- an netment next day in the old factory building of - very detail of his as- The Everglades are about 20 fe#*f founding st >rv was infinitely more so. above sea level and the water can be W hile a group of police officials, de- made to run easily into the ocesn. I te( qj Vf .o i factory attaches and nows- Our scheme is to \ system in the wet » erfuct a drainage eason and an ir rigating system n the d»y months. The soil Is rich and black and the cli mate is ideal. No malaria is found in the center of the Everglades at Lake Okechobee- a beautiful lake about JO miles square—a little inland sea, one might term it There is not a minute in the day that huge black bass do not jump in the water. There are hundreds of them, and as you travel in a boat a continual splashing is heard. Killed Some Alligators. “There are very few mosquitoes. Bo fur this slimmer the temperature In the Everglades has been cool. I think 92 degrees is the wannest day we had. “We traveled many of the rivers. And. I tell you. I saw many strange And weird sights. We traveled In a combination sail nnd power yacht, in the evening, when the moon shone bright, we sat in our boat and fished. I caught many bass as large as seven pounds and shot a number of alligator®—one over twelve feet in length escaped. His jaws were large enough to take h calf in his mouth “1 enjoyed the trip every minute and can positively say that golden opportunity and fabulous wealth await investment in the Evergladv.»s of Florida.’’ House Seems Sure To Pass Drugs Bill The Shuptrine drug bill has been made special order in the House for Tuesday. Indications are it will l.e passed. The bill provides for rigid enforcement of the law a against the eale of narcotics. It allows a limited supply of opium and cocaine to he kept in stores. Inspectors are pro vided for. A special tax of $10 on druggists will maintain the system. Representative Shuptrine. who is head of a large drug firm in Savan nah and who has been president of the Georgia Pharmaceutical Associa tion. has worked hard for the passage of the bill. He has the personal in dorsement of more than half the druggists in Georgia. C>o your eyes ache or blur when reading? Accurately fitted glasses will correct your troubles j paper men followed him closely about i the second floor, down the elevator, Into the basement and back again, listening, spellbound, to his every word, the negro reproduced, move- 1 ment by movement, every detail of !?he grewsome work in which he said ‘ he had had only a part. Unhesitatingly—a 1 most unconcern edly—he started from the point where he said he came irn>n the body, in the rear of the second floor near the metal department. Except for an oc casional question from Chief Beavers Fhief Lanford or Harry Scott, he told his story without prompting. Re-enacts Ghastly March. “There’s where she laid,” he said, pointing to a narrow passageway, and I he dropped down on the floor to show exactly the position of Mary Pha- | gan’s body as he had said he found ! her. He lay partly on his fare, with his right leg slightly drawn up. “Why, this girl’s stone dead!” he declared he yelled to Frank in the first fright of his discovery. “Mr. Frank was standing in the doorway right there. He told me to get a sack and put her body in that." Then the negro showed where he found the crocus bagging in wfrlch his affidavit said he carried the body, lie made as though he were carrying a heavy weight on his shoulders, and l>ointed out where the burden of the dead girl’s body became too heavy for him. He said he called on Frank to help him. The superintendent, he said, came, cursing him for his clumsiness. But Frank was nervous. Conley as serted, and himself dropped the feet of the little girl when they had pro ceeded but a few steps farther. The negro proceeded to the elevator, where he said he waited for Frank to get the key. described the trip to the basement and his carrying of the body to the trash heap at the rear while Frank, he said, watched at the little trapdoor to see that no one inter rupted them. Tellg of Writing Notes. Conley said that he ran the eleva tor returning, and that Frank go on at the first floor. “Gee, that was a tiresome Job,” Frank said, according to the negro. “Then Mr. Frank hops off the ele vator before it gets to the second floor.” he continued, “and he makes a stumble and he hits the floor and latches with both hands, and he went ,, - . ... i around to the sink to wash his hands, OeulUt i«rvtre hi opticians prices and , want Hnd th . m „ (or ; „,d M> L w N i4t?“h r n 7A\vhi,'’h.n V ° S,0r r 1 a "‘' waited for Mr Frank to 52 W Mitchell, 7ft Whitehall a<i\ Pome f r ,m around there washing his ■ — ■ ~~ -==-=• ----- j bands, and then we wa nt into his of- c« T1 A OTTAnn OJtiAbxiUKili i lv keep still.” Conley then described the writing of the notes, which he had maintained | from the time of his first affidavit . .. had been dictated to him by Frank. Jacksonville, Brunswick, ,, >i w,!1 through th. grim dra- i - ...«.v. a realism that was convlnc- EXCURSION AUGUST 7. St. Simon, Cumberland, At lantic Beach, $6.00 Limit ed 6 days. Tampa, Fla., $8 —Limited 8 days. TWO SPECIAL TRAIY3. 10 p. m. solid Pullman train. 10:15 p. m. Coach train. Make Reservations Now. SOUTHERN RAILWAY. ma with ing. His readiness, his unfaltering course from the second floor to the basement and back again, his prompt explanation of every puzzling point that arose, his quotations of alleged conversations that occurred between Frank and himself all quite erased from the memory the confessed fact that he had just been guilty In his two previous affidavits of the grosest falsehood. For the moment everyone was willing to believe the negro im plicitly. Suspicion Again Aroused. But a sober second thought after INCINNAT: TWO FAST TRAINS Lv.7:124M-i5:10PJ. a Georgian reporter that she ever had made the statements accredited to her in the so-called affidavit. Foil Plan to Move Conley. An effort was made to get Conley away from the detectives by having him removed to the Tower. This at tempt was frustrated in a proceed ing characterized by Attorney Ros ser as farcical in the extreme Frank's counsel (barged that the detectives were afraid to let Conley talk. Strength was added to the defense in June by the addition of Reuben Arnold, one of the city’s noted crim inal lawyers, to Frank’s counsel. Ar nold said in making the announce ment that he was to aid in the de- iense declared that he had reviewed the evidence carefully and had be come convinced that Frank could not be guilty of the crime. Habeas corpus proceedings to ob tain the freedom of Newt Lee, held in the Tower since his commitment soon after the murder, were brought by the attorneys for the negro, but failed, except in changing Lee’s status and procuring for him more priv ileges. Charges Death Boast. On July 10 The Georgian published the startling charges of Mincey which were contained in an affidavit in pos session of the defense. Four days later The Georgian got from Mincey, who was teaching school at Hiring Faun, Ala., his own story of his conversation with Conley in which he declared the negro on the afternoon that Mary I’hagan was slain had bragged of killing a girl. Mincey for a short time was an agent for the American Insurance Company, of No. 115 1-2 North Pryor street. He was assigned a district west of the Terminal StHtion. He declared in his affidavit that he work ed in the office until noon on April 26, and in the afternoon w*ent on Peachtree street and saw the pa rade Later he said he w’ent over be yond Davis street on “back calls” and to make an effort to close some pros pects. Mincey saw* Cdnley, he asserted, sitting by the house situated on the bluff at the junction of Electric ave nue and Carter street. According to Mincey, the negro appeared to be asleep, but 9M (hi agent p«MWd by Conley raised his head and shouted: "Who is that?” ‘‘It s a ‘policy man,’ ” said a negro woman who was going by at the time. Says Conley Was Excited. “I stopped and got into a conver sation with the negro about Insur ance.” said Mincey in his formal statement to The Georgian. “He told me his name was Jim Conley. He told me that he lived at No. 172 Rhodes street. I saw there was something wrong with him. He was nervous and excited and tried to put me off by telling me to come to No. 172 Rhodes street next week and he would take insurance. "lie told me he was in trouble, asked him if they had had him in the jail or stockade. He said no, but that he was expecting to be in Jail and that right away. 1 asked him what for. "lie said: ‘Murder; I killed a girl to-day! ’ "I started down toward him. “He said: ‘I tell you not to com down here.' “When he saw that I was coming anyway, he jumped up, and as lie went around the corner of the house he said: ‘I have killed one to-day and I don’t want to kill another.’” Believed It Idle Brag. Mincey went on to relate that he had not attached much importance to the incident at the time, thinking that the negro was boasting of some negro scrap* in which be had bean Involved When ,he read the papers the nex Monday, however, he was struck with the conviction that Conley was the man who committed the murder. lie said that he went to the factory the next day, but that everything was so confused and ’haotic that no cm* would listen to his story, and he was almost chased out of the building along with a score of others who wer? offering the detectives and factory of ficials suggestions and clews. Before lie left he gained the ear of E. F Holloway, day watclunay, but Holloway told him that there were (.a negroes about the building before 4 | o'clock, *'* far as he knew, and Min cey departed. When Conley came out with his | Emission that he not only was in the ; ’actory the day of the crime, hut that he w. - skulking in the shadows of the * first floor when Mari Phagan and (onference of the atto-neys June 24. and by agreement between counsel set the date for next Monday, July 28. Conley Indictment Urged. With the publication of the sensa tional charges of Mincey came a de mand for an investigation of Conley's part in the crime by the Grand Jury. The demand was made on the ground that, if the negro were guilty, lie should not go into the trial with the credibility of a free man, when It would he a natural supposition that the most natural thing for him to do would be to testify agahist Frank in order to shift the blame from his oah shoulders, where it belonged. It was argued that Conley should have ex actly the same status as P"rank. Solicitor Dorsey bitterly opposed a movement of this sort. He said that he would fight it to the last. He de clared he had sufficient evidence to convict jho factory superintendent and that'he was confident of his guilt. Over the Solicitor’s head, Foreman W. I>. Beatie called a meeting of the Grand Jury, on the request* of many of its members. The Solicitor was asked to be present when the jurors met July 21. No other wit nesses wore called. The Solicitor for an hour and a half detailed his rea sons for not desiring the indictment of Conley. At the conclusion of the session it was announced that no ac tion would be taken on the negro's case at that time. Dorsey Balks Postponement. The next skirmish came on the pro posal again to postpone the trial The Solicitor again set himself In opposi tion to this plan, declaring that the State had been prepared to go ahead* since June 30 and that there was no valid reason apparent why it could not go on when called July 28. Frank will go on trial for his life next Monday if no motion for a con tinuance is successful. The present indications are that no effort will be made for a postponement. Witnesses are being summoned by both sides; the Judge has expressed his opinion that the trial will proceed, and the venire has been drawn. The young factory superintendent will go befose the tribunal expressing confidence In his acquittal. Through the three months that he has been imprisoned in a cell at the Tower his optimism never has left him for a moment. He Is one of the most re markable prisoners ever in the county jail. He has been assured and confi dent. He has talked little of the crime, even among his friends. He has read the papers and magazines closely. When he has been visited by his wife and other relatives, the conversation invariably has been on cheerful sub jects. He has refused to be drawn Into a discussion of the mystery w'ith the reporters. "The guilty man should hang,” the remark he made when told of Con ley’s third confession, is practically his sole comment on Atlanta’s great est murder mystery. HEARST’S Dally GEORGIAN Sunday AMERICAN Now Leads Them All Statement Filed by Atlanta Georgian the Postoffice Department With STATEMENT OF THE OWNERSHIP, MAN AGEMENT. CIRCULATION. ETC., of THE AT LANTA GEORGIAN, published daily at Atlanta, Geor gia, required by the Act of August 24, 1912. Editor, Keats Speed, Atlanta, Ga. Managing Editor, H. M. Schraudenbach, Atlanta, Ga. Business Manager, H. E. Murray, Atlanta, Ga. Publisher, The Georgian Com pany, Atlanta, Ga. Owner The Georgian Company, W. R. Hearst, 187 Riverside Drive, New York, N. Y. Known bondholders, mortgagees, and other security holders, holding one per cent or more of total amount of bonds, mortgages or other securities: W. R. Hearst, 137 Riverside Drive, New York, N. Y. The Trust Com pany of Georgia, Atlanta, Ga.. Trustee. Average num ber of copies of each issue of this publication sold or dis tributed through the mails or otherwise, to paid sub scribers during the sjx months preceding April 1, 1913, 43,236; free to advertisers, employees, exchanges, serv ice, etc., 3,112; total circulation, 46,348. H. E. Murray, Business Manager. Sworn to and subscribed before me this 24th day of July, 1913. (Seal) H. C. Crosthwait, Notary Public. My commission expires March, 1915. SWORN CIRCULATION STATEMENT June 1st to June 30th CITY CIRCULATION By Carrier . : 19,144 Street Sales and News Stands 7,891 Suburban Agents (20-Mile Zone) ..... 11,007 Total 38,042 COUNTRY CIRCULATION Country Agents 20,933 Mail 6,859 Total 27,792 DAILY AVERAGE CIRCULATION.... 65,834 SUNDAY CIRCULATION 87,589 The above figures are true and correct to the best of my information and belief. (Signed) ALBERT ELLIS, Cireulation Manager. Sworn to and subscribed before me, this 9th day of July. 1913. H. C. CROSTHWAIT, N otarv Public, Fulton Countv, Oa. My Commission Expires 1915. You Can’t Afford to Miss To-morrow’s Great I SUNDAY American It is supreme in the Southern Newspaper field and contains more live, up-to-date features than all the others combined. HERE ARE SOME OF THE FEATURES Great Comic Section Funny cartoons by world famous artists. Young and old alike are put in good humor for the entire day after reading it. • Society and Society’s Doings Polly Peachtree’s gossip has all Atlanta talking. Her entertaining chatter is unsurpassed in lively interest and is reinforced hy pages of beautiful pic tures and newsy gossip. The World ol Sport The greatest experts in the world write for the Sunday American and every brand of sport is ex haustively covered and finely illustrated. Fiction and Humor Cosmo Hamilton’s great sex story "Adam’s Clay” appears in the Sunday American. It is a story of gripping interest. The City Life Section is chock full of humor and contains the famous Powers and Mutt and Jeff cartoons. Fall in Love With Pictures? A page feature of famous portraits which brought about surprising romances. Cupid surely mixed the colors for these pictures. Atlanta’s Poet-Philosopher-Policeman Did you know that Atlanta has the most extraor dinary policeman? He writes poetry—has been a member of the force for twenty-three years and made only three arrests in two years. J. Pierpont Morgan’s Granddaughter Richest of debutantes, but the least known, the loneliest and the most unhappy. She is guarded more jealously than any royal princess. Why Crime Does Not Pay Number 17 of a series of Remarkable Revelations, by Sophie Lyons, Queen of the Burglars. The Long Arm ot the Czar The World’s Meanest Husband The Latest Fashions Lady Duff Gordon, the famous "Lucile,’ about and illustrates the prevailing modes. SUNDAY MERICAN Main 100 An absorbing story of how a Noble Russian beauty sought to evade the Imperial Spies and es cape the "golden cage,” prepared for her by a dis solute grand duke. How Duke Ludwig of Bavaria, treated his pretty chorus girl bride as a horse, a dog and a goat and stole her pin money. writes ALL THESE AND MANY OTHERS WILL BE FOUND IN TO-MORROW’S GREAT You can’t afford to miss it, and to make sure notify' your dealer to-day to save you a copy r , or call up the office of The Georgian and Sunday American % :0*»" .-t feliS ■■■■•■■ ■ .•