Tuesday, 9th September 1913: Jim Conley Indicted For Part In Phagan Killing, The Atlanta Georgian

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MAXIMUM FOR NEGRO IS FOUR YEARS

One Count Charges

Misdemeanor In Protecting Slayer, Another Felony in Concealing Body.

Another chapter was written in Georgia's most famous criminal case Tuesday when Jim Conley, the negro whose story played a star part in the conviction of Leo M. Frank for the murder of Mary Phagan, was indicted by the Fulton County Grand Jury on two counts, calling for a maximum penalty of four years' imprisonment.

The counts charge, in the first instance, a misdemeanor committed when the negro concealed knowledge of the crime from the authorities, and, in the second, a felony in the concealment of the little girl's body after she had been slain.

The misdemeanor charge is punishable by one year in the county chaingang, while the felony calls for a maximum of three years' imprisonment.

The evidence submitted to the Grand Jury on which the indictment was returned included the sworn confession of Conley made in his fourth and final statement accusing Frank of the crime, together with the testimony of Detectives Starnes and Campbell, who worked on the Phagan case.

Assistant Solicitor General Stephens appeared for the State.

One Count Misdemeanor.

The formal indictment on the misdemeanor count read as follows:

That on the 26th day of April, 1913.

and with force and cause, Jim Conley did then and there, knowing that Leo M. Frank had unlawfully killed and murdered one

Mary Phagan, conceal said knowledge from the magistrate and did harbor, assist and protect said Leo M. Frank.

The felony charge read:

That on the 26th day of April, 1913, and with force and cause, Jim Conley did then and there, knowing that Leo M. Frank had unlawfully killed and murdered one Mary Phagan, conceal her body from the officers of the law and from the magistrate.

Conley did not appear in the Solicitor's offices during the proceedings, but remained in the jail, where he has been imprisoned since he appeared as a witness against Frank.

Likely to Plead Guilty.

The Grand Jury's action had been anticipated by the negro and in all probability, he will plead guilty to both the counts and take his punishment.

Since the Frank trial the negro has kept his lips sealed, hardly speaking even to his fellow-prisoners.

His conduct now brings out in striking contrast his actions before the trial, when he recounted to all who would hear him in the police station the part he played in the sensational crime.

Since the conviction he has been ordered kept secluded from visitors.

Conley probably will be tried some time in September.