Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 05, 1913, Image 2

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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.