1333 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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283

head over to me and whispered to me to be a good boy and that was all he
said to me.
(Signed) JAMES CONLEY.

Sworn to and subscribed before me this 24th day of May, 1913.
(Signed) G. C. FEBRUARY,
(Seal) Notary Public, Fulton County, Georgia.

DEFENDANT'S EXHIBIT 38
Statement of Jim Conley, May 28, 1913.

STATE OF GEORGIA,
COUNTY OF FULTON.

Personally appeared before me, a Notary Public, in and for the above
State and County, James Conley, who being duly sworn, on oath says:

I make this statement, my second statement, in regard to the murder of
Mary Phagan at the National Pencil Factory. In my first statement I made
the statement that I went to the pencil factory on Friday, April 25, 1913, and
went to Frank's office at four minutes to one, which is a mistake. I made this
statement in regard to Friday in order that I might not be accused of know-
ing anything of this murder, for I thought that if I put myself there on Sat-
urday, they might accuse me of having a hand in it, and I now make my sec-
ond and last statement regarding the matter freely and voluntarily, after
thinking over the situation, and I have made up my mind to tell the whole
truth, and I make it freely and voluntarily, without the promise of any reward
or from force or fear of punishment in any way.

I got up Saturday morning, April 26th, between 9 and half past 9. I was
at home, 172 Rhodes Street. There is a clock on the Atlanta University and
I looked at that clock after I put on my clothes. I came to the door and
ponied some water out of the wash pan and then I looked at the clock on the
Atlanta University, but I forget what time it was exactly, but I remember
it was between nine and half past nine. Then I washed my face and I eat
some steak and some liver and bread and drank a cup of tea, and then I sat
down in a chair a little while, about ten minutes. I guess, and then I told my
wife to give me back the three dollars and if I would get some paper money
to keep her from losing it, to pay her rent with, and she gave it to me, and
I told her I was going to Peters Street, and I went to Peters Street, and
stopped at the beer saloon near the corner of Peters and Haynes Street
and I bought two beers there for myself and got another fellow a beer. I
don't know what his name was, but they call him Bob. I don't know where
he works, but he had a whip over his shoulder. I stayed in that saloon 3 or
4 minutes, just long enough to drink that beer, and then I walks up to the
Butt-In Saloon and walks back to the pool table, and there were four fellows

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