Saturday, 25th April 1914: Did Not Confess To Girl’s Murder, Says Jim Conley, The Atlanta Constitution

Three new affidavits presented during a hearing on Leo Frank's petition for a new trial have necessitated a postponement. Witnesses claim that Jim Conley, the Negro accused of confessing to the murder of Mary Phagan, admitted his guilt. A preacher and a Negress have sworn to this admission, while another witness claims to have seen the girl leave Frank's office.

Jim Conley made a sweeping denial of these accusations to The Constitution last night, stating that his counsel would be able to present evidence proving the accusations false. Conley's statement was made through his attorney, William M. Smith, who was asked to address the affidavits submitted by Frank's defense before Judge Ben Hill. These affidavits accuse Conley of admitting the Phagan crime to two witnesses. Conley, through Smith, stated that the affidavits were false and that he had never known Annie Maude Carter, the Negress who claims Conley confessed to her while in Fulton Jail, except to see her occasionally while she was imprisoned in the Tower. He says they rarely spoke and then only to exchange greetings.

Conley also stated that he would be able to show an alibi to disprove the charge made by Rev. C. B. Ragsdale, the minister who has made an affidavit claiming he overheard Conley tell another Negro in an alley near the Terminal station on the Monday night following the murder that he had killed a girl at the pencil factory.

Attorney Smith was asked by a reporter to make a statement regarding the new evidence that startled those present at the hearing for a re-trial before Judge Ben Hill, which was adjourned Friday morning until the following Friday morning. This adjournment was to give the prosecution time to form a counter showing to the new developments. Smith's response was, "In the words of Champ Clark, I can only say: 'Shoo fly! Don't bother me!'"

The two strongest pieces of evidence introduced by Frank's attorneys are likely to cause a second delay in the re-trial hearing. Solicitor Hugh Dorsey requested an adjournment of the hearing to gather evidence to counter the three new affidavits presented by Frank's attorneys. These affidavits are from witnesses whose connection with the case was not made public until their testimony was revealed to Judge Hill. Two of them, a minister and a Negro woman, swear they heard Jim Conley confess to the murder of Mary Phagan. The third witness states she was in the pencil factory at the time Mary Phagan entered and saw the girl depart from Frank's office and go down the stairway to the first floor.

These affidavits were introduced into the retrial motion as amendments. A strong fight was made against them by the solicitor but was defeated. Both phases of the new evidence were unearthed by Detective William J. Burns. Solicitor Dorsey would not comment for publication and intimated that the prosecution would insist upon further postponement to investigate the new affidavits.

Annie Maude Carter, a Negress who was once a prisoner in the Tower where Conley is held, made the most startling of the three affidavits. She testifies that Conley had made love to her and wanted to marry her, and that he confessed to having slain Mary Phagan. She swears that Conley went into thorough details of the murder and exonerated Leo Frank completely. Initially, however, she states in the affidavit that Conley sought to make her believe that he and Frank were both implicated in the murder, and that both had attacked the girl after he had strangled her into unconsciousness.

The affidavit from Rev. C. B. Ragsdale of Kirkwood tells of an alleged conversation he overheard on the Monday night after Mary Phagan's death between Jim Conley and another Negro in an alley near the pencil factory building. He swears that Conley told his black companion that he had gotten into trouble at the pencil plant and killed a girl. Conley's companion, the minister says, asked if anyone was in the building at the time of the crime, and Conley answered that Frank might have been in the place, but he thought not.

The third affidavit is from Mrs. Maud Bailey, who swears that she saw Mary Phagan come to the second floor of the pencil factory about five minutes after 12 on the day of the tragedy, go into Frank's office, remain a moment or so, emerge, and then go down the stairway to the first floor. She also swears that, as she came up the stairs upon entering the building, she saw Jim Conley sitting on a box near the foot of the steps. Mrs. Bailey had gone to the factory with her mother, Mrs. Mae Barrett, and waited on the second floor near Frank's office by the time clock while her mother went upstairs to the next floor. While standing there, she says, a girl whom she describes as young, wearing short dresses and a lavender dress, entered and went into Frank's office, afterwards emerging. She also swears she saw Lemmie Quinn come into Frank's office directly after the girl had departed.

The affidavit made by the Kirkwood preacher is supported in part by an affidavit sworn by R. L. Barbour of Temple, Ga., who says he saw Rev. Ragsdale enter the alley, followed by the two Negroes, one of whom he identifies as Jim Conley.

The Negress affiant, in telling of the alleged confession of Conley, says that Conley told her he had written the notes for the purpose of trying to direct suspicion to Newt Lee, the Negro night watchman, and that he had first put them in her bosom. He admitted, she says, prying the staple from the rear door of the factory basement and going into the alley, from whence he went to a nearby saloon. The woman also says she was at police headquarters on Thursday, and that an affidavit was taken from her by Chief Lanford and Detectives Chewning and Sturdivant. However, she says, she did not tell them anything of the alleged confession from Conley, as, in her own words, "She knew they were trying to protect Conley and didn't want to tell them all she knew."

The hearing before Judge Hill was adjourned shortly on Friday morning. When counsel for Frank proposed to amend their motion with the new evidence, a vigorous fight against the move was made by the solicitor. He was overruled, however, and the affidavits were presented to Judge Hill. There were a few heated words from Attorney Rosser, when, in reply to a remark from Dorsey, the senior counsel said, "Mr. Dorsey has no right to talk about detectives or investigators." Here he pointed an accusing finger in the direction of Dorsey. "Just look at the bunch that is surrounding him." Eight of the picked men from police headquarters, including John Black, John Starnes, and Fat Campbell, were gathered around the solicitor. Dorsey, however, merely smiled in reply.

A thorough probe of the three affidavits will be made by the investigators attached to Dorsey's office. None of the attaches to Dorsey's staff would talk.