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THE ATLANTA GEORGIAN AND NEWS. CHAPTER 5 IN PHAGAN CASE Geologist Has Just Completed Survey—Declares Vast Latent Wealth Is There. Warren E. Hall, district enslnecr «>f the United Sfat.s Geological Survey, returned to Atlanta Friday from th» Florida Everglades, where, in corn pany with E. T. Perkins, M. O. Leigh ton and Isham Randolph, ho made n survey to determine the feasibility of draining the gnat swamps. Mr. Hall is pleased with the result of the investigation and declares it will be possible to reclaim most of the water-covered area. "There are,” said Mr. Hall, "hun dreds of square miles In the Ever glades where no white man has ever set foot. I predict that Just as soon as enough money can be appropriated and Judiciously used this now useless territory can he turned into the most fertile farm land. Canal To Be Built. "The first great task to be under taken will be the construction of a 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 165 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 al conclusions, and ns a consequence the work done Is lost time and money uselessly spent, for the water does not run the right wav. "An appropriation of $40 000 has been made recently for investigation alone to determine exactly what can be done. Our report has gone in and $0,000,000 will be appropriated at once. Beauties of Okechobee. "One place where the drainage , work provloiudy done proved a suc cess—Zona. Fla, about eight mIFs west of Fort Lauderdale a real es tate company purchased 10.000 acres of land for $1 an acre. This com pany is selling this land at $80 an acre. "The Everglade** are about 20 feet above sea level and the water can be made to run easily into the ocean. Our scheme is to perfect a drainage system in the wet season and an Ir rigating system n the dry months. The soil is rich and black and the cli mate Is ideal. No malafia 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 htige black bass do not Jump In the wafer. 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 far this summer the temperature In the Everglades has been cool. I think 92 degrees is the warmest day we had. "We traveled many of the rivers, and, 1 tell you. I saw many strang a and weird sights We traveled in a combination sail and power yacht, in the evening, when the moon shone bright, we Rat in our boat and fished. I caught many bass as large as seven pounds and shot a number of alligators—one over twelve feet in length escaped His Jaws were large enough to take a calf in his mouth. "I enjoyed the trip every minute and can positively say that golden opportunity and fabulous wealth await investment in the Everglades of Florida." House Seems Sure To Pass Drugs Bill The Negro Conley’s Confession I hat He Was Frank’s Accomplice and Events Leading Up to Trial. the lrange spell of bis acting had passed away aroused the suspicion that there was a possibility of this third affidavit, too, being a perjury end this wonderful acting being a product of th*- black man’s vivid Imagination, spurred on by the shad ow of the gallows across his path. Sipce this dramatic event at the factory, the negro has not changed I is story in any essential point, the dete< tiv- s say. It Is possible that the authorities are so - ure 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 1 i he theory that h« may he the actual ! i riminal, and many times have put | him through the third degree in an ; < ffort to get mother confession out of him. Many inconsistencies have been ; found in Conley's story. Many ap- j parent deviitions from truth have i been pointed out. A number of state. | ments eonflit ting with the testimony ; of other witnesses were made. Hut it ! remained for William H. Mincey, 1 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. I In the point of direct accusation, it I even surpassed the tale of i’onley. Events of importance have oc- ! ourred in the case through June and July up to the present, hut the state- 1 ment of Mincey overshadowed them | all. Mlnola McK night, negro cook, grill- 1 ed in what Mrs. Frank, wife of the accused factory superintendent, was I pleased to term "the detectives’ tor- ■ ture chamber,’’ signed her name to i an affidavit which told of incrim- | inating incidents at the home of Frank the night of the murder and the next morning. Within a few' hours after she had been liberated CHAPTER VI. "He (Leo Frank) told me that he had picked up a girl hack there and had let her fall, and that her heal had hit against something—he didn’t know what it was—and for me io move her, and I hollered and told him the girl was dead!" With this startling accusation Jim Conley 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 last and came out with his remark able affidavit, which laid the respon sibility for the killing of Mary Pha- gan directly upon the shoulders of the young factory superintendent Either it was all 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 false, Conley, driven to hay, had, as a forlorn hope of saving his own neck, concocted the marvelous tale to thrust the suspi cion of guilt upon the Jnnocent Frank Defense Attacks Confession. The latter is the theory of Frank’s lawyers, and they will advance it and bring evidence to support it and argue In its favor with all the ability at 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 son. True or false, the negro’s story was wonderfully impressive to the thou sands who read his damning accusa tions against the factory superintend ent next day. If the affidavit wore a fabrication of the negro’s guilty mind, it was most cleverly and shrewdly conceived There was Just enough from the police station she denied to detail to his narration of how he had a Georgian reporter that she ever assisted Frank to dispose of the body had made th«? statements accredited to give the statement the color of nat- I to her in the so-called affidavit, uralnes* and verity, and not anoh n Foi! ptan t0 Move Conley, overabundance as to lead to the sus- | plcion that the incidents were being manufactured in the brain of the 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 ricott, 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 < ’onley. He added that Mince> had appeared far from confident ihi- day that Conley was the man he had talked to Saturday afternoon, April 26. t'hief Lanford scouted the story and said he believed it to be a baseless fabrication. H*» hardlv thought ‘Jo- defense would call Mincey to tho wit- ess stand when the trial actually be gan. .Solicitor Dorsey get out at on e to make an investigation of the story. He looked up Mineey's history in every place he had lived in Georgia. He also was the recipient of many letters concerning the insurance gent-teaeher. At the end of a week announced that he believed . le would be able to discredit the affi davit. Subsequent developments arc re cent history. June 30, the date orig inally set for the lal, approached, here were well-authenticated rumors that a postponement would be grant ed. Judge L. S. Roan, who will pre side at the trial, was present at a The Shuptrtne drug bill has been made special order in the House for Tuesday. Indications are it will be passed. The bill provides for rigid enforcement of the laws against the *ale of narcotics, it allows a limited supply of opium and cocaine to be kept in stores. Inspectors are pro vided for A spc< ini tax of $10 on druggists will maintain the system. Representative Shuptrine. who Is head of a largo 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. Do your eyes ache or blur when reading? Accurately fitted glasses will correct your troubles Oculist service at opticians' prices. L. N. Huff Optical To., two stores narrator. Negro Sticks to Story. If Conley's storv of the alleged part he had in the killing of the little fac tory girl was dramatic, his re-en actment next day in the old factory building of every detail of his as tounding story was infinitely more «o. While a group of police officials, de fectives, factory attaches and news- j paper men followed him closely about I the second floor, down the elevator, into the basement and hack again, listening, spellbound, to his every word, the negro reproduced, move ment by movement, every detail <>f the grewsomo work in which he said he had had only a part. rnhesitattngiy—almost unconcern edly—he started from the point where he said he came u M on the body, in the rear of the second floor near the metal department. Except for an o 1 ’- caslonal question from Chief Beavers Chief Lanford or Harry Scott, he told I his story without prompting. Re-enacts Ghastly March. "There’s where she laid," he said, I pointing to a narrow passageway, and he dropped down on the floor to show | exactly the position of Mary Pha- i gan’s body as he had said he found | her. He lay partly on his face, with i Ids 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 which his affidavit said he carried the body. Ho made as though he were carrying a heavy weight on his shoulders, and pointed 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 n few steps farther. The negro proceeded to the elevator, where he said he waited for Frank to get j 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. Te|| 8 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- ; vatcr before it gets to the second floor." he continued, "and he makes a stumble and he hits the floor and j catches with both hands, and he went I around *o the sink to wash his hands, I and 1 went and cut off the motor and 1 i 52 W. Mitchell. 70 Whitehall idv. I SEASHORE EXCURSION AUGUST 7. Jacksonville, Brunswick, St. Simon, Cumberland, At lantic Beach, $6.00 Limit ed 6 days. Tampa, Fla,, $8 —Limited 8 days. TWO SPECIAL TRAP/3. 10 p. m. solid Pullman train. 10:15 p. m. Coach train. Make Reservations Now. SOUTHERN RAILWAY. tood and waited for Mr. Frank to come from around there washing his bands, and then we went into his of flee, and Mr Frank he couldn’t hard lv keep still.” Conley then described the writing of the note?, which he had maintained from the time of his first affidavit had been dictated to him by Frank. Conley went through the grim dra ma with a realism that was convinc ing. llis readiness, his unfaltering course from the second floor to the has. inent 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- ! pllcltly. Suspicion Again Aroused. Rut a sober second thought after INCINNATI TWO FAST TRAINS Lv. 7:12 A^M-a 5:10 PM. 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 charged 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 Haid in making the announce ment that he was to aid in the de- tense declared that he had reviewed the evidence carefully and had be- cnme 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 Rising Faun, Ala., his own story of his conversation with Conley in which he declared the negro on the afternoon that Mary Pluigan was slain had bragged of killing a girl. Mincey for a short time was an agent for thr American Insurance Company, of No. 115 1-2 North Pryor street. He was assigned a district west of the Terminal Station. He declared in bis affidavit that he work ed in the office until noon on April 26, and in the afternoon went on Peachtree street and saw the pa rade. Later he said he went over be vend Davis street on "back calls" and to make an effort to close some pros*- pects. Mincey saw Conley, 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 as the agent passed by Conle\ 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 satlon with the negro about insur ance,” said Mincey in his formal statement to The Georgian. "He told me his name was Jim Conies lie 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 it 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. I asked him what for. "He said: 'Murder; 1 killed a girl to-day! ’ “I started down toward him. “He said ’I tell you not to come down here.’ “When he saw that I was coming anyway, he jumped up, a*nd as he went around the corner of the house he said: ‘I have killed one to-day and 1 don't want to kill another.’ ” Believed It Idle Brag. Mincey went on to relate that lie had not attached much Importance to the incident at the time, thinking tha the negro was boasting of some negro scrape in which he had been involv When he read the papers the nex Monday, however, he was struck with the conviction that Conley was the man w-ho committed the murder. He said that he went to the fnotorv the next day, but that every thing was so confused and chaotic that no on® would listen to his story, and he was almost chased out of the building along with a score of others who were offering the detectives and factory of ficials suggestions and clews. Before lie left he gained the ear of E. F. Holloway’, day watchman, but Holloway told him that there were no j negroes about the building before 4 j o’clock, so far as he knew, and Min- j cey departed. When Conley’ came out with his admission that he not only was in the j factory the day of the crime, but that ! lie was skulking in the shadow's of th^ I first fioor when Mary Phagan and conference of the attorneys June 24. and by agreement between counsel jet the date for next Monday, July 28. Conley Indictmept Urged. With the publication of the sensa tional charges of Mincey came a de mand for an Investigation of Conley * part in the crime by the Grand Jury. The demand was made on the ground that, if the negro were guilty, he should not go into the trial with the crediblyty of a free man, when it would T>e a natural supposition that the most natural thing for him to «'0 would be to testify againnt Frank in order to shift the blame from his own shoulders, where It belonged. It was argued that Conley should have ex actly the same status as Frank. Solicitor Dorsey bitterly opposed a movement of thic sort. He said that ho would fight it to the last. He de clared he had sufficient evidence to convict the 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 were 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 B-tate 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 before 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 ha^ been visited by his wife and other relatives, the conversation invariably has been on cheerful sub jects. He has refuse J to be drawn into a discussion of the mystery with 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 Daily GEORGIAN Sunday AMERICAN Now Leads Them All Statement Filed by Atlanta Georgian With the Postoffice Department STATEMENT OF THE OWNERSHIP, MAN AGEMENT, CIRCULATION, ETC., of THE AT LANTA GEORGIAN, published daily at Atlanta, Geor gia, required by the Art of August 24, 1912. Editor, Keats Speed, Atlanta, Ga. Managing Editor, H. M. Schraudenbaeh, Atlanta, Ga. Business Manager, H. E. Murray, Atlanta, Ga. Publisher, The Georgian Com pany, Atlanta, Ga. Owner The Georgian Company, W. R. Hearst, 137 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 Corn- pan j 7 of Georgia, Atlanta, Ga., Trustee. Average num ber of eopies of each issue of this publication sold or dis tributed through the mails or otherwise, to paid sub scribers during the six 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, Circulation Manager. Sworn to and subscribed before me, this 9th day of July, 1913. H. C. CROSTHWAIT, Notary Public, Fulton County, Ga. My Commission Expires 1915. You Can’t Afford io Miss To-morrow’s Great 1 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. Sociely and Society’s Doings Polly Peachtree’s gossip has all Atlanta talking. Her entertaining chatter is unsurpassed in lively interest and is reinforced by pages of beautiful pic tures and newsy gossip. The World of 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 Wifh Piclures? A page feature of famous portraits wdiich brought about surprising romances. Cupid surely mixed the colors for these pictures. Atlanta’s Poet-Philosopher-Polieeman 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 madg only three arrests in two years. J. Pierponf Morgan’s Granddaughter Richest of debutantes, bnt 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 of the Czar 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. The World’s Meanest Husband How Duke Ludwig of Bavaria, treated his pretty chorus girl bride as a horse, a dog and a goat and stole her pin money. The Latest Fashions Lady Duff Gordon, the famous “Lucile,” writes about and illustrates the prevailing modes. ALL THESE AND MANY OTHERS WILL BE FOUND IN TO-MORROW’S GREAT A SUNDAY American You can’t afford to miss it, and to make sure notify vour dealer to-day to save you a copy, or call up the office of The Georgian and Sunday American Main 100 %