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TUP: ATLANTA GEORGIAN AND NEWS.
CONLEY TELLS OF DISPOSAL OF PHAGAN GIRL’S BODY
Factory Sweeper Recites Details ot Tragedy, Accusing Leo M. Frank
THAT ACCUSED MAN ASKED
Continued From Pntje.1.
of laughter arose lu the courtroom In which the prisoner and his
wife Joined.
There was a murmur of excitement following the
calling of Jim Conley; there was a wait of several min
utes, officers having just left the police station with the
negro a minute or two before he was called.
Judge Roan impatiently ordered the Sheriff to bring
in the witness. A number of spectators who were
crowded up too close to the jury box were moved back
by the court deputies.
“The Sheriff hasn’t got Jim Conley,” said Attor
ney Rosser, after a statement from Deputy Sheriff Plen-
nie Miner.
“Mr. Starnes will bring him in,” returned Solicitor
Dorsey.
“See if Mrs. White has arrived,” then requested
Dorsey. “She has a very young baby, and when I had
her subpenaed this morning she said that she would
have to send to the factory and get her husband before
she could come.”
Courtroom Quiet as Conley Enters,
“You may call her later,” said Mr. Rosser, “there
won’t be any objection.”
Jim Conley was brought into the courtroom just
at this time. He took the witness chair and was sworn
in while in the chair. Solicitor Dorsey examined him
and everyone leaned forward, while extreme quiet pre
vailed.
Q. What is your name?—A. James Conley.
Q. Do you know Leo M. Frank?—A. Yes.
Q. Point him out.—(Conley did so.)
Q. Did you have any conversation with him on Friday after
noon before the murder of Mary Phagan?— (Conley's answer was
indistinct.)
Q. How long had you been working at the pencil factory?—A.
About two years.
“Frank Told Me to Come B ack.”
Q. What did he say to you on Friday?—A. He said for me to
come back at 8:30 o’clock Saturday morning.
Q. Did you go?—A. Yes, about 8:30 o'clock.
Q. Who got there first, you or Mr. Frank?—A. We met at the
front door.
Q. What did he say?—A. He said I was too early for what he
wanted me to do. I told him I thought he wanted me to do what
I had been doing on every Saturday.
Q. What had you been doing on other Saturdays?
“I object,’’ said Kosser. “This witness should not be led.’’
Q. What did you do this Saturday?—A. I watched the door
while Mr. Frank said he was going upstairs for a little chat.
Q. Was anybody else with him?
“I must object again,’’ interrupted Rosser.
Q. Who was there?—A. Well, girls would come up. One time
another man and another girl come up. t
Q. What sort of looking woman was she?—A. She was a heavy
woman.
Q. What time was this?—A. Thanksgiving day, 1912.
Watched at Door.
Q. What did you do?—A. I stayed down at the door and
watched.
Q. Now state all that Mr. Frank said to you that morning.—A.
He said I was a little early; that he wanted me to do what I had
done on other Saturdays.
Q. What was that?—A. To watch while he went up and had a
little chat.
Q. What did Mr. Frank do then?—A. He went over to Mr.
Mon tag’s.
Q. That is the corner of Nelson and Forsyth streets, isn't it?
(Dorsey showed a rough sketch to the witness.)—A. Yes.
Q. What time did you get to Nelson and Forsyth streets?—A.
Somewhere between 10 and 10:30.
Q. Did you see Mr. Frank?—A. Yes, he passed me going to
ward Montag’s.
Q. What did he say?—A. “Ha, ha, you are here, are you?’’
Q. Did you see him later?—A. Yes, when he came back.
Q. Did he say anything?—A. No, except to come over.
Followed Him to Factory.
Q. Did you go, and what way?—A. He passed Alverson’s gro
sery store and bumped against a man.
Q. What else?—A. He stopped at Curtis’ drug store and drank
something.
Q. Did you follow him?—A. Yes.
Q. When you got to the factory, what happened?—A. He
opened the door and showed me how to lock the door. He said
that he was going to have a young lady up there and he wanted
me to lock the door. He said that he would stamp his foot and that
would be a signal for me to come up.
Q. What else?—A. He knocked me in the chest kind of play
ful-like and said: “Don’t let Darley see you.”
Q. What did he do then?—A. He went up to his office.
Q. Who else did you see?—A. I saw Darley come in and come
down.
Q Who was with him?—A. Miss Mattie Smith.
Q. What was she doing?—A. She had a handkerchief as if she
was crying.
Q. What, if anything, did Miss Mattie Smith have in her hand?
A. She had a pocketbook, a handkerchief and an umbrella.
Q. Was she in a good humor or a bad humor?—A. She looked
like she was crying.
Q. How long did Miss Smith stay in the factory?—A. Just a
short time.
“You promised me you wouldn’t lead this witness,” inter
rupted Mr. Rosser.
‘' I promised you I would do the best I could,' ’ replied Dorsey.
Q. Was this before or after you went to Nelson street?—A. It
was after.
Conley then told of seeing a number of employees come in.
Q. Who else did you see?—A. Miss Mary Perkins.
Q. Who?—A. Miss Mary Perkins, I called her, the girl who is
dead.
Q. What else did you hear?—A. I heard footsteps going back
towards the metal room, and in a little bit I heard a 3cream.
Q. What happened next?—A. Miss Monteen Stover came in.
TRIAL JUDGE L, S. ROAN
In a little bit she went out.
Q. What did you hear then?—A. Heard footsteps like some
body running on tip toe from Mr. Frank’s office towards the metqj
room. In a minute I heard the steps running back to the metal
room.
Q. What happened after that?—A. I sat down on a box and
went to sleep.
Q. What was the next thing you heard?—A. Mr. Frank stamp
ing on the floor three times. Then he called me.
Q. What did he say?—A. He asked me if I noticed a little girl
go out. I told him I saw one, but didn’t see the other.
Q. How long was it before you heard the whistle?—A. Not
long.
Q. What did you do?—A. I unlocked the door and went up
stairs. Mr. Frank was standing at the head af the stairs shivering
and shaking.
Q. Did he have anything in his hand?—A. A cord.
Q. What did he say?—He asked me if I noticed a little girl
come in. I told him I saw two.
Q. Did you ever see any girls in Frank’s office alone with him?’
—A. One day I saw him down on his knees in front of a girl in his
office and she was stroking his hair.
Says Frank Said He Hit Gi rl.
Q. When Frank called you upstairs that Saturday afternoon,
what did he say?—A. He said he had struck a little girl with his
fist and she had fallen against something and hurt herself.
Q. What else?—A. He told me he wanted me to help him carry
her down stairs. He said there was money in it for me.
Q. What else did you do?—A. I went back to the dressing
room where he told me she was and found a girl lying flat of her
back with a cord around her neck—
Dorsey here interrupted the witness.
Q. About where did you find this girl when you went back
there?—Conley took a parasol and pointed out where he had found j
the girl, hsing the diagram to show it). A.—It was right in front of !
the ladies ’ washroom.
Q. What did Mr. Frank do?—A. He said “sh-h, sh-h, sh-h.” I
told him she was dead. He told me to get a piece of cloth out of
a box back there and wrap up her head.
Solicitor Dorsey had to admonish Conley not to talk so fast.
A large piece of cotton bale wrapping was exhibited.
Q. What is that, Jim?—A. That is a piece of cloth like I got out
of the box and rolled the girl’s body into.
Q. Why did you do it?—A. Because Mr. Frank told me to.
Q. How did she look?—A. She had her hands stretched out
and cords around her neck.
Wrapped Body U pLike Dirty Clothes.
Q. How did you put her in the cloth?—A. I wrapped her up
like you would dirty clothes, tying the cloth in a knot.
Q. What did you do with her then?—A. I tried to pick her up.
Shj was so heavy I dropped her. I was nervous and scary and
called Mr. Frank. He came and took her by the feet. When we
started off he dropped her»feet. I was backing back and Mr. Frank
was carrying her ieet. He let her feet drop when we were toting
her. When we got to the elevator he tried it and found it was
locked. He went into the office and got a key, came back and un
locked it, and when it started he said “Come on and get on here.”
When we got to the basement, he told me to take her on back.. I
said, “Where must I put her?” He said. “Back there by the saw-'
dust pile.” I hollered to him when I got back there and asked him
if that was the place. He said “Leave her there.” When we got
up to the second floor he jumped off before we got even with the
floor and fell. He jumped up and went to wash his hands. When
he came back he went to the office and said, “Come in, damn it.”
I went in and in a few minutes he said, ‘ ’ Somebody is coming. ’ ’ He
was trembling and shaking all over, and his eyes were dancing like
diamonds. He says, “Here, jump in here,” and he opened the
wardrobe door. I got in, and after a long time he came and let me
out. I said, “You kept me in here a mighty long time.”
Says He Was Asked to Write Notes.
Q. Did you hear anything while you were in the wardrobe?—
A. Yes, I heard someone come in and say “Good morning, Mr.
Frank. ” “ Good morning, ’ ’ he said.. “ You are all alone, ’ ’ said the
other voice . That’s all I heard, but the footsteps going out.
He came back and let me out of the wardrobe. “You kept me in
here a mighty long time,” I said. “Yes,” he said, “you are sweat
ing.” We went into his office and he reached over and gave me a
box of cigarettes. He offered me one. They don’t allow cig
arette smoking around the factory. He said there was some money
in the box and I could keep it. Then he asked me to write some
notes for his mother. I don’t know what it was I wrote, but the
first one did not suit him. I wrote another on some green looking
paper. I was glad to do anything for Mr. Frank. He was the
superintendent and all that. He slapped me on the back at that
and said “Good boy.” He had promised me some money and I
asked him about that. He pulled out of his pocket a large roll of
greenbacks. I took them. I told him I was scared. He said
something about getting me out of town. Then he asked me for
the money back.' I thought he was just going to count it, but he
put it in his pocket. “Is that the way you are going to treat me,
Mr. Frank?” I asked.. “You keep your mouth shut,” he said. He
held his hands together, and looking up toward the ceiling said:
“Why should I hang; I have wealthy people in Brooklyn.” I
looked up toward the ceiling, but didn’t see nothing. I looked and
said: “Is that all you want?” and he said “Yes.” I sat in a chair
and saw him start to write a note. The first letter was “W.” He
turned and saw me. He jumped up and grabbed me by the shoul
der, turned me and put me to the head of the stair and told me to
go. He said: “Don’t you say anything now, and I will make it all
right. ’ ’ I went down and went out to a saloon on Peters street; I
took a double-header and looked at the clock. It was twenty min
utes to 2. I asked a boy to have one with me, then I went home.
Frank came to him Tuesda y, he says.
Q. Did you see Fsank any more?—A Between 10 o’clock and 11
o’clock Tuesday morning. He came to me while I was sweeping
on the fourth floor and said: “Be a good boy,” and I said: “Yes, I
will be a good boy.”
Q. Did you see him Monday?—A. No.
Q. Why?—A. Because it was a holiday and I didn’t go to
work until Tuesday. After Mr. Frank spoke to me, somebody told
me they were going to arrest Mr. Frank.
Dorsey interrupted: “Never mind that, what somebody told
you.”
Q. When were you arrested?—A. On the first of May.
Q. Dou you remember the day of the week?—A. Thursday.
Q. Look at these notes (handing the negro the two murder
notes found in the basement beside Mary Phagan’s body).—A.
Yes, these are the notes fixed up in Mr. Frank’s office. That man
right there (pointing to the defendant) took them off his desk
and had me write them.
Doesn’t Know Mrs. White.
Q. Did you notice the time that morning?—A. Yes, at Broad
and Mitchell street it was 9 minutes past 10.
Q. Who left the factory first?—A. Pwink.
Q.. Do you know the name of the man or woman up there with
MATTER BF FACT AS IF IT
By 0. B.
Jim Conley, hewer of wood and
drawer of water.
On the witness stand at the Frank
trial this morning, Jim unfolded &
tale whose lightest word—you know
the rest. It was a story that flexed
attention to the breaking point; a
story that whitened knuckles and
pressed Anger nails into palms; a
story that absorbed the usual court
room stir and rustle, and froze the
hearers into lines upon lines of strain
ing faces.
And Jim Conley told that story as
he might hav© told the story of a
day’s work at well-digging, or driv
ing a dray, or sweeping up the sec
ond floor at the National Pencil Fac
tory.
Jim was matter-of-fact.
A Story in Monosyllables.
And the farther boundary of the
hideous slips very near as you lis
ten to a matter-of-fact narrative, In
words of one syllable, such as that
Jim Conley told this morning.
A hewer of wood—and Jim Conley
slipped the strangling cord over his
own neck, to show how he said he
had found It about the neck of Mary
Phagan. A drawer of water—and Jim
Conley’s work-worn hands were quick
to twist and turn the burlap, wrap
ping and lifting and bearing an im
aginary horrid burden.
True or false, Jim Conley told hls
tale as a part of the day's work.
He spoke rapidly; very rapidly.
His vocabulary was small, and he
seemed to know all the words well.
Mr. Dorsey asked him few questions,
once the real business was reached.
The defense opposed fewer objec
tions.
It was with Jim Conley.
His Face Never Changes.
Not a line of his face changed. His
broad, low forehead was unwrinkled.
He was prompt to el^ out his mea
ger descriptive powers with ges
tures.
“Mr. Frank, he set in his chair, and
Frank Thanksgiving Day?—A. I
man’s name was Dalton.
Q. What did Frank have on that
Saturday morning?—A. A raincoat.
Q. Where were you sitting?—A.
Right here (indicating a spot in the
first floor of the factory near the trap
door that leads to the basement).
Q. Where did you work all of the
time?—A, Up until Christmas I work
ed on the elevator. After Christmas
they took me off of the elevator and
put me to cleaning up on the fourth
floor.
Q. Do you know Mrs. Arthur White?
—A. No.
At this point Solicitor Dorsey spoke
to one of the deputies and said: "If
Mrs. White has come, show her In.'*
Q. When you found the body, how
did you know she was dead?—A. She
was lying flat of her back with her
arms outstretched and she wasn't
breathing.
At this Juncture Mrs. White entered
the courtroom.
Q. Did you see this woman (Dorsey
pointed to Mrs. White).—A. No, sir.
“Your honor,” said Dorsey, “I will
put this witness on the stand for a
moment.”
"We object,” said Rosser. "I told
you privately we wouldn’t consent.”
“I thought you said Dr. Harris,” re
turned Dorsey.
"Nobody,” said Rosser.
Dorsey continued to question the
negro.
Q. What kind of a lady was It yon
saw in Frank’s office Thanksgiving
day?—A. She was a tallish, pretty
lady, with a polka-dot dress and a
kind of grayish skirt, white shoes and
white stockings.
Q. Did Frank say anything then?—
A. Hs kept saying: "That’s all right;
that’s all right.”
Q. Did you ever watch for Frank
before, and if so, when?—A. I don’t
know exactly, but I watched down
there once or twice.
^ Q. Did Frank know you could
wiite?
“I object to that as immaterial,’*
said Rosser.
Dorsey: "I want to show that
Frank knew this man could write,
and that when Frank was under ar
rest he knew he could write. That
Conley had told the police he could
not write and Frank did not tell the
police any better.”
Judge Roan: "You can show that.*
Q. Did Frank know anything of
that watch contract?—A. Yes, it was
made in his presence.
Q. Did you at first refuse to write
for the police?—A. Yes. sir, I did
at first.
Q Did Frank know you could
write?—A. Yes, sir. I signed a pa
per for a bailiff before him.
Rosser objected, but was over
ruled.
Puts Rope Around Neck.
Probabjv the most dramatic mo
ment in the direct examination came
k
V>
KEELER.
he twls’ about, this way and that!
he twls* like be was too far to the
front, or too far to the back, or the
chair was too bis, or too little. • • •
And then he do hls hands this way
(clasping them), and he look up at
the celling, and he say: TVhy should
I hang? I got rich people In Brook
lyn.' "
"And what did Jim do then?"
"Me? I look up at the celling, too.
But I ain’t see nothing.”
And again, after the fearful visit
to the basement:
"Mr. Frank, he stumble like that
when he get out of the elevator, and
he wipe hls face and he say, 'Gee, that
was an awful hard Job.’ And I say,
'Pshaw, Mr. Frank, your Job wasn’t
nothin’ like what mine was.' ’’
“And what time was It?”
"X look up at the clock and the
clock say ’fo minutes of 2."
Story Unfolds Like a Film.
True or false, Jim Conley's story
Unrolled Itself with all the speed and
certainty of a picture film. He did
not hesitate once. Hls narrative was
packed with detail. But there was
no emotion In the telling.
"Yes, sir—I didn't want to go back
there with them notes because I was
scared,” Jt m said readily. But he
might have been talking of not want
ing to go down In a well on a "Job of
work,” because the rope didn’t look
good.
And about this grim task of wrap
ping the dead girl in burlap, “like you
do up the wash In a sheet on a Mon
day morning" and the struggling jour
ney to the basement and the scrawled
notes, and all the rest—why did Jim
Conley do it?
"Mr. Frank, he tell me to do it."
True or false, there spoke the crude
training of the centuries, the enduring
command laid from near the begin
ning on the hewers of wood and draw
ers of water—on the servants of the
world.
X
v m
don’t know the woman, but the ^
when Solicitor Dorsey handed to the
negro the underskirt ruffle which had
been taken from the dead girl's neck,
and the negro identified it as the cloth
t which he had -eferred. ,
The solicitor then handed to him a
piece of cord and directed him to
Illustrate to the jury Just how It was
tied about the fiirl’s neck.
Conley put one end through th»
loop at the other end. Then he placed
the bight around hls own neck and
drew It tight with the slip knot on the
right side of hls neck. Picking up
the underskirt ruffle, he said that this
was tied around the girl's neck.
“Did you notice the clock while you
were up there?" asked the solicitor.
A. I dind’t see any clock in the metal
room, but after I saw the girl was
dead and went back up to the front
I noticed the clock.
Q. What time was It?—A. Four
minutes to 1.
Q. You say the rirl was dead when
you say her?—A. Yes, sir.
Q. What did you do when you found
the girl was dead?—A. I come back
and told Mr. Frank, "She’- dead.”
Mr. Frank told me to get a piece of
cloth out of the cotton box and put
it around her up here. I heard a noise
up toward the third floor about that
time. Both Mr. Frank and me look
ed up there. It was then that I look
ed at the clock and saw was four
minutes to 1.
Q. Well,-what did you do then?—A. '
I went and got the cloth like Mr.
Frank told me to do.
Solicitor Dorsey handed to the wit
ness Mary Phagan’s parasol and ask
ed him to point out on the big dia
gram hanging before the jury the
place where he found the girl's body.
The negro Indicated an areaway lead
ing off at the left of the metal room,
savin' that the areaway led to the
ladles’ toilet.
Q. Jim, where Is the metal kept?
A. It’s kept back there in a room near
the ladies’ toilet.
Rosser Starts Cross-Examination.
The witness was then turned over
to the defense and Rosser and Ar-
nold retired for a conference. Mr.
Dorsey asked another question.
Q. How long did you work for the
National Pencil Company?—A. Two
years.
Q. Where did you work before
that?—A. For Dr. Palmer.
Q. Why did you quit?—A. Well, he
got an automobile. He didn't know
how to run it and I didn't, so he had
to get another man.
Q. How old aTe you?—A. 27. Con-
W then rapidly reviewed where ne
had worked for a number of years,
giving himself a good record.
Rosser and Arnold returned to tha
courtroom here and Rosser took the
witness on cross-examination.
Q. How old are you, Jim?—A. 27. ■ «,
Q. Where were you bom?—A. Right
Continued on Page 4.