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The Murder of Mary Phagan – Part 10

More on Carlos Porter’s argument, as expressed in LETTER 29 FROM CHICAGO DAVE: SKUNKIE AND THE LEO FRANK FILE:

In most ways, the commutation file is the best.

Read the files, OK, there are 29 of them, but there’s not much text on each page. [Note: I transcribed them.]

Porter’s conclusion:

The circumstantial evidence, in my mind, is inconclusive; so is the character evidence. If Frank had been convicted on circumstantial evidence alone, the case would be unclear. The evidence provided by Conley — particularly, the death notes — proves, in my view, that Frank’s guilt is not only out of the question, but absolutely impossible.

That’s the way I feel today, and I’ve felt that way for 30 years.

Porter has left some comments on Part 9. Much of it taken from LETTER 29. This snippet, for example, relates the portion of his argument which he says anticipated mine:

Frank cannot have dictated those notes. At most he could have said, “Hey Jim, why don’t you write a couple of notes and pretend you’re the girl and say a tall slim negro did it, since you’re short and stocky”? “OK Boss”. What would be the point to that? Why would Conley agree to do that — for any amount of money? As soon as the word got out that Conley wrote the notes, it would logically be assumed (under normal circumstances) that Conley committed the murder, and his life wouldn’t be worth a plugged nickel. Unless they believed him. The notes would lead the cops to Conley and Conley would accuse Frank, which is exactly what happened according to the people who think Frank was guilty.

Porter seems not only unwilling to think of an answer, but unable to accept that one has been provided.

The point of Frank requesting Conley write something would have been to direct suspicion away from himself. He may have hoped to cloud the investigation and create exactly the kind of doubt and confusion Porter and others have used to argue in favor of Frank’s innocence.

Porter implies that dumb drunkard Conley would have known that the police could match his handwriting and connect the notes back to him. Porter is unwilling to imagine however that clever quick-witted Frank could have seen any benefit to himself.

It’s not difficult to imagine how either man could have seen value in producing those notes. Frank in a smart and direct way, by getting someone else implicated, and Conley in a relatively stupid way, by helping his boss in order to indirectly help himself. When Conley wrote the notes he was mindful enough to implicate someone else. He was apparently just as mindful when he later lied about being unable to write, and still later when he claimed that Frank had dictated the notes, which very well could have been a lie.

As soon as the word got out that Conley wrote the notes, it would logically be assumed (under normal circumstances) that Conley committed the murder, and his life wouldn’t be worth a plugged nickel. Unless they believed him. The notes would lead the cops to Conley and Conley would accuse Frank, which is exactly what happened according to the people who think Frank was guilty. If you committed a murder you’d leave the body alone, you’d know any note would be linked to the killer.

If it weren’t for the notes it is quite probable that no one would have realized that Conley was even in the factory that day.

People who believe Frank was guilty do not like to discuss the notes in any detail, because logically they prove that Frank was innocent.

To sum up:

There were 2 notes, only one of which mentions the “night wich”. Even if “night wich” means “night watch”, instead of “night witch”, a common element of African folklore, a clear distinction is still made between the “night wich” and the “long, tall negro black”. They are clearly 2 different entities or people. The same note says the “night wich” didn’t do it. What is the sense of that? There were 2 notes, only one of which mentions the “night wich”. Why write 2?

A Negro would automatically be suspected of the crime. What difference would it make to Frank which one?

How would the notes implicate Newt Lee, the night watchman, if they were in Conley’s handwriting? The notes led the police to Conley, who led the police to Frank. Anyone could have predicted this. Or did Frank think the police would think they were written by the victim during the act of rape? “I wright while play with me”. What is the sense of that?

Indeed, there is little sense in this series of rhetorical questions. Porter’s jumble of points is based largely on overlooking or even inverting the reality that Frank was smart and Conley was not. It seems designed to create confusion rather than offer any sensible resolution to the apparent conflicts he brings up.

The fact that the notes are full of nonsense is an indication that they were conceived by the same simpleton who admitted writing them. If Conley lied about Frank dictating the notes, then that is an indication only that the simpleton preferred Frank be convicted of murder rather than himself.

Slaton was a politician and the file contains a lot of double-talk, for the simple reason that he didn’t want to make his constituents any madder then necessary. As it was, he had to call out the National Guard; for four nights, the woods behind his house was full of armed men trying to break into the house

The first portion of Slaton’s letter seems to be a fair enough description of the facts of the case, not double-talk.

The webmaster of the LeoFrank.org site spent about six weeks arguing with me about the case and about those notes in particular. At one point, he admitted to me that “those notes are an absurdity”. I pounced immediately, and said, “so, you admit that you believe in an absurdity?”

You know what he did? He changed the subject. This is what people ALWAYS do when you mention those notes. They run away. That is why I concentrate on them. I asked a question. I want an answer.

Porter also believes in an absurdity. He believe these absurd notes “prove” Frank’s innocence.

I can guess how the exchange with the webmaster of leofrank.org went. For six weeks Porter asked his rhetorical questions, answers were provided, and Porter ignored them.

It is well worth reviewing Governor John Slaton’s commutation letter, not only because Carlos Porter attests to its value, but because it provides a relatively concise and contemporary description of the thinking around the case. By it’s very nature Slaton’s argument was biased in favor of Frank, but his view still comes across as relatively objective, logical and reasonable.

Porter has emphasized select portions of Slaton’s text in his transcription, but it is still somewhat easier to read (not to mention copy and paste from) than the scans of the typewritten original.

Slaton wrote:

RACIAL PREJUDICE

The charge against the State of Georgia of racial prejudice is unfair. A conspicuous Jewish family in Georgia is descended from one of the original colonial families of the State. Jews have been presidents of our Boards of Education, principals of our schools, Mayors of our cities, and conspicuous in all our commercial enterprises.

THE FACTS IN THE CASE

Many newspapers and non-residents have declared that Frank was convicted without any evidence to sustain the verdict. In large measure, those giving expression to this utterance have not read the evidence and are not acquainted with the facts. The same may be said regarding many of those who demanding his execution.

In my judgement, no one has a right to an opinion who is not acquainted with the evidence in the case, and it must be conceded that those who saw the witnesses and beheld their demeanor upon the stand are in the best position as a general rule to reach the truth.

I cannot, within the short time given me to decide the case, enter into the details outlined in thousands of pages of testimony. I will present the more salient features, and have a right to ask that all persons who are interested in the determination of the matter, shall read calmly and dispassionately the facts.

Slaton reviewed several significant details of the case which indicated Frank’s guilt and had nothing to do with Jim Conley. Here he discusses the claims made by Minola McKnight, Frank’s mishandling of Newt Lee’s time slip, and the testimony of Monteen Stover:

The cook’s husband testified that on Saturday, the day of the murder, he visited his wife at the home of Mr. Selig, defendant’s father-in-law, where Frank and his wife were living, and that Frank came in to dinner and ate nothing. The negro cook of the Selig’s was placed upon the stand and denied that her husband was in the kitchen at all on that day. For purposes of impeachment, therefore, the State introduced an affidavit from this cook that on Sunday morning after the murder, she heard Mrs. Frank tell her mother that Mr. Frank was drinking the night before and made her sleep on a rug and called for a pistol to shoot himself, because he (Frank) had murdered a girl. This affidavit was relevant for purposes of impeachment, although, of course, it had no legal probative value as to the facts contained therein. On the stand, the cook declared that she was coerced by her husband and Detectives under threat of being locked up unless she gave it, and it was made at the Station House. The State proved it was given in the presence of a lawyer and said that her denial of the truth of the affidavit was because her wages had been increased by the parent of Mrs. Frank. No details are given as to where the conversation occurred between Mrs. Frank and her Mother, nor is there any explanation as to how she happened to hear the conversation. It will be easily seen that the effect of the affidavit upon the jury might be great.

It is hard to conceive that any man’s power of fabrication of minute details could reach that which Conley showed, unless it be the truth.

The evidence introduced tended to show that on Sunday morning Frank took out of the Time Clock the slip which he had admitted at that time was punched for each half hour, and subsequently Frank claimed that some punches had been missed. The suggestion was that he had either manipulated the slip to place the burden on Lee, or was so excited as to be unable to read the slip correctly.

The State introduced a witness, Monteen Stover, to prove that at the time when Mary Phagan and Frank were in the Metal Room, she was in Frank’s Office and he was absent, although he had declared he had not left his office.

I have not enumerated all the suspicious circumstances urged by the State, but have mentioned what have appeared to me the most prominent ones. Where I have not mentioned the more prominent ones, an inspection of record tends to maintain the contention.

The the jury and several judges decided unanimously that the circumstantial and character evidence was conclusive, beyond a reasonable doubt. Slaton speculated that Frank did not dictate the notes. He did not argue that this, together with everything else he considered, “proved” Frank’s guilt was “absolutely impossible”. That is Porter’s ridiculous leap. Slaton saw and described only enough doubt in Frank’s guilt to justify the legal technicality he used to alter Frank’s punishment.

 
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Are we coming apart at the seams?

[CONTENT REDACTED BY REQUEST OF THE AUTHOR]

 
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The Rise and Fall of Tribal Administrator Rodney Martin

Published on February 10, 2014 by in Blog

[CONTENT REDACTED BY REQUEST OF THE AUTHOR]

 
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John Tyndall pt 15

The Eleventh Hour Chapter 17 – The Imperial Imperative

John Tyndall addresses the 1998 BNP Conference

• The Colonial territories once owned by Imperial powers now, for the most part, rot in poverty, maladministration and corruption

“The Empire is not breaking up, it is growing up”

Conservative Prime Minister Harold Macmillan

• The economic motives of Empire predominated over all others (including Racial Expansion)

•  The British Empire never intended to colonise South Africa with British settlers

• Jewish finance in London was determined to secure the gold and diamonds under the Afrikaner’s land. The Boer war followed

• India ‘The Jewel in the Imperial Crown‘, was always more of a prestige symbol of Empire than an asset to it

• Britain’s entry into the ECC in 1973 weakened it’s ties with the White Dominions

 

Richard Edmond’s speech in Birmingham 1st February 2014 

John Tyndall BNP Conference speech 1998 4/6


 
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February ’45 Allied War Crimes – Sinking of the Steuben Hospital Ship and Dresden Bombing

[CONTENT REDACTED BY REQUEST OF THE AUTHOR]

 
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A Jew Sees His People As Others See Them – Episode 83

[CONTENT REDACTED BY REQUEST OF THE AUTHOR]

 
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Rodney Martin in his own words

Published on February 6, 2014 by in Blog

[CONTENT REDACTED BY REQUEST OF THE AUTHOR]

 
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The Rodney Martin Question: “Where’s the Evidence?”

Published on February 6, 2014 by in Blog

[CONTENT REDACTED BY REQUEST OF THE AUTHOR]

 
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Dresden – Call of the Blood

Published on February 5, 2014 by in Blog

This month’s special program is the music of Dresden. It will be broadcast each Wednesday, Friday and Sunday starting at 9PM ET streaming continuously until the next scheduled program.

The Legacy of Dr. William Pierce: Call of the Blood album reviewed (1995) has links to high-quality audio downloads, lyrics, and this brief review:

Dresden is Joseph Pryce and Knut Pedersen.

All songs by Joseph Pryce except Horst Wessell Song paraphrased by Joseph Pryce.

Dresden’s new album, Call of the Blood, is a new kind of music for White people. Crafted with jewel-like care; with haunting, poetic lyrics; beautiful yet powerful arrangements and instrumentation; and soaring vocals; Call of the Blood combines the best elements of rock and traditional European music. Call of the Blood includes a lyric sheet to help you fully experience the impact of these new, masterfully written and produced songs. Call of the Blood will open a gateway in the minds of Aryan youth to a new and brighter future. – Kevin Alfred Strom

The Archives for Joseph Pryce at The Occidental Observer links three articles from 2010, including Jakob Friedrich Fries and the Intellectual Origins of Anti-Judaism in Europe. The author’s bio reads:

Joseph Pryce (email him) is a writer, poet and translator. He is the author of the collection of mystical poems Mansions of Irkalla. Mr. Pryce was born in Brooklyn and studied for the Roman Catholic priesthood for three years (Redemptory’s Order) and then attended Brooklyn College. He says for himself; “I was a musician for many years and recorded several CDs, but literature has always been my first love (especially poetry). I live with my wife, 30,000 books, and a dog and four cats on Long Island.” His translation of the German philosopher Ludwig Klages’ work will be published shortly by Arktos publishing company http://www.arktos.com/ [Ludwig Klages: The Biocentric Worldview].

Total runtime: 65:23

(Note: There is no audio download for this program – please tune in via the MP3 Stream.)

 
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The Murder of Mary Phagan – Part 9

The testimony of Jim Conley, the negro sweeper at the National Pencil Company, was a major portion of the second and third weeks of the Leo Frank trial. Cross-examination alone amounted to some 13 hours.

Returning to the Conley-related points in 100 Reasons Leo Frank Is Guilty, The American Mercury, by Bradford L. Huie:

55. Much is made by Frank partisans of Georgia Governor Slaton’s 1915 decision to commute Frank’s sentence from death by hanging to life imprisonment. But when Slaton issued his commutation order, he specifically stated that he was sustaining Frank’s conviction and the guilty verdict of the judge and jury: “In my judgement, by granting a commutation in this case, I am sustaining the jury, the judge, and the appellate tribunals, and at the same time am discharging that duty which is placed on me by the Constitution of the State.” He also added, of Jim Conley’s testimony that Frank had admitted to killing Mary Phagan and enlisted Conley’s help in moving the body: “It is hard to conceive that any man’s power of fabrication of minute details could reach that which Conley showed, unless it be the truth.”

The following points get at Frank and Conley’s special relationship before the murder:

81. The relationship of Leo Frank and the National Pencil Company to Jim Conley was a strange one. Why was Jim Conley’s sweeper’s salary much higher — $6.05 versus $4.05 — than the average of the white employees, many of whom were skilled machine operators? Could it be that Conley served a very important but secret purpose for Leo Frank, exactly as the prosecution alleged? Could he have had knowledge that could potentially hurt Leo Frank, justifying Frank granting him special privileges?

82. According to a female National Pencil Company employee, Jim Conley was once caught “sprinkling” (urinating) on the pencils, surely a very serious offense. But Conley was never fired. (Trial Testimony of Herbert George Schiff, Brief of Evidence, Leo Frank Trial, August, 1913) Again, could it be that James Conley served a very important but secret purpose for Leo Frank, and could he have possessed knowledge that could damage Frank?

83. According to fellow employee Gordon Bailey (Leo Frank trial, Brief of Evidence, August, 1913) Jim Conley was not always required to punch the time clock. Why would the “Negro sweeper,” as they called him, surely the lowest-ranking employee in the pencil factory hierarchy, be given such an unprecedented privilege by Leo M. Frank? Why was Jim Conley the only person out of the 170 factory employees who didn’t have to punch the time clock — unless Jim Conley was more than meets the eye?

The Leo Frank Trial: Week Two, The American Mercury, by Bradford L. Huie:

Prior to the trial, Jim Conley had made one admission after another under the withering blast of police interrogation. He would make three statements in all, in each one admitting to more and more participation in the crime. Despite his slow, reluctant, and grudging admissions — and the obvious contradictions among his initial affidavits — investigators, and even some who had been doubtful about Conley’s account, were finally convinced that they had gotten the truth out of him. Police and factory officials accompanied Conley when he was brought back to the scene of the crime. Conley guided them through the factory and recounted and re-enacted the events of April 26, 1913 — the day of the murder — step by step as he had experienced them. The account was so minute in its details, so consistent with the known facts, so precisely matched with evidence which Conley could not possibly have known about unless he had really been there, and presented in such an open and frank manner that even skeptics were convinced by it.

Conley’s own explanation:

As to why I didn’t tell it all, I didn’t want to tell it all. I was intending to hold back some. I didn’t want to tell it all right at one time. I just told a little and kept back a little. Yes, and Mr. Dorsey went down seven times while I was telling some and holding back some. They didn’t ask me to take back any stories. No, it didn’t take Mr. Dorsey seven times to tell the story. Yes, I said I added to it every time he went down. But he wouldn’t came back and try to do anything with it.

Frank’s defenders had their chance to question Conley, and the jury still found him credible:

Conley held up well under the ferocious attack of the defense. He freely admitted that he had been confused on a few occasions and had lied in his first two statements — first, to protect himself, and second to protect Frank, who he still expected would come up with bail money and get him out of town — and he also provided a wealth of new detail about Leo Frank’s “chats” with young women.

Frank’s defenders tried to play one group of goyim against another:

At one point, Frank’s attorney Luther Rosser, referring to the recent haircut and clean set of clothes that Conley had been given, snidely remarked “They put some new clothes on you so the jury could see you like a dressed-up nigger” — possibly inflaming racial feelings among the all-White jury. It was widely believed at the time that Conley would be disbelieved by many simply because he was black and because Leo Frank, a white man, and Frank’s attorneys would contradict Conley and accuse him of the murder — a woe be unto any black man in 1913 Atlanta accused of harming a white girl.

Nevertheless Conley, a simple and poorly educated man, gave not an inch on his most damaging claims against Frank even when the most skilled attorneys money could buy cross-questioned him for more than 13 hours.

The Leo Frank Trial: Week Three, The American Mercury, by Bradford L. Huie:

Herbert G. Schiff, the factory’s assistant superintendent directly under Leo Frank, then testified, stating that he’d never seen women brought to the office as the prosecution had alleged, nor had he seen Conley “watching” for Frank. He stated that he, not Frank, had paid off Helen Ferguson the Friday before the murder, and that Ferguson has not asked for Mary Phagan’s pay. He also went into excruciating detail — thousands of words’ worth — about how the books were kept at the factory, with the unstated implication being that Frank would have simply been too busy calculating sums and making entries to have entertained young ladies — or killed them. This “too busy” line of reasoning would be returned to again and again by the defense, and would form the larger part of Leo Frank’s own statement in his own defense. It was reinforced by the next witness, public accountant Joel Hunter, and yet another accountant, C.E. Pollard.

Several workers at the factory, testifying for the defense, said they’d never seen Leo Frank talking to Mary Phagan, that they’d never seen him with women in his office after hours, and that Conley’s reputation for veracity was bad. One of them, Iora Small, went further, volunteering for the benefit of the all-white jury that “I don’t know of any nigger on earth that I would believe on oath.”

Prosecution witnesses claimed they saw X. Rather than directly attack the veracity of that testimony the defense tried to cloud the issue by producing witnesses who claimed they didn’t see X. The jury, who heard both sides in full detail, found X more credible than not-X.

The motives of Frank’s defenders, including the witnesses who testified in his favor, have at least three components: ethnic jewish loyalty, employer/financial fealty, and “white” racial solidarity (i.e. Whites mistaking jews as comrade “whites”).

The lengthy parade of sworn witnesses, called by both sides, is itself mute testimony to the fact that Leo Frank, vice president of his college debate club, would not testify under oath so as to avoid direct questioning in front of the jury.

A comment on Part 5 directed me to Carlos Porter’s opinion on Frank, LETTER 29 FROM CHICAGO DAVE: SKUNKIE AND THE LEO FRANK FILE:

In my view there is no real evidence against [Leo] Frank. All the so-called evidence comes from Conley, the man who wrote the notes found with the body, and who was CONVICTED AS AN ACCESSORY TO THE MURDER. No attempt was made to imitate the victim’s handwriting, but the police were supposed to find the notes, believe they were written by the victim during commission of the crime, and throw suspicion on a “long tall black negro” (Conley was short and powerfully built).

The police weren’t stupid enough to believe that the victim wrote the notes, but they were stupid enough to believe Conley when he claimed that Frank “dictated” the notes. Why the hell would Frank do that? How the hell COULD he do that? Would you do that if YOU committed a murder? Then they were stupid enough to coach Conley in his testimony for weeks and months to frame Frank for the murder! There is no question that Conley wrote the notes.

Whoever wrote those notes committed the murder. Conley could commit the murder without Frank, but Frank could not commit the murder without Conley.

Frank produced almost 40 witnesses who testified that Conley was a notorious liar. He was also a habitual petty criminal and drunkard who had been on the chain gang several times.

I repeat: if you committed a murder, would YOU write notes like that? Would you DICTATE notes like that? COULD you dictate notes like that? Would you believe a semi-literate drunkard who claimed he wrote those notes because they were dictated by an educated man?

It proves that people believe what they want to believe, regardless of the evidence.

They convicted him to show that “Georgia justice cannot be bought and sold with Jew money from New York”.

I don’t entirely trust anything on the Internet about the Frank case. In most ways, the commutation file is the best.

Porter links to his transcription of a scanned version of Governor John Slaton’s typewritten commutation of Frank’s sentence:

Read the files, OK, there are 29 of them, but there’s not much text on each page. [Note: I transcribed them.]

Appended to this transcript, governor slaton – leo frank commutation file, is a concise summary of Porter’s opinion:

The circumstantial evidence, in my mind, is inconclusive; so is the character evidence. If Frank had been convicted on circumstantial evidence alone, the case would be unclear. The evidence provided by Conley — particularly, the death notes — proves, in my view, that Frank’s guilt is not only out of the question, but absolutely impossible.

That’s the way I feel today, and I’ve felt that way for 30 years.

From the arguments and evidence I have considered so far, I think Frank was guilty. I’m still willing to examine arguments and evidence to the contrary, but in this case the notion that inconclusive evidence can prove anything, much less prove it absolutely, seems particularly ridiculous.

Porter’s argument in favor of Frank is reminiscent of Johnny Cochran’s infamous closing argument in defense of O.J. Simpson: “if it doesn’t fit, you must acquit”. The gist of it is to focus on one aspect of the prosecution’s case, claim there is something wrong with it, and jump to the conclusion that the defendent must be innocent.

Stephen Goldfarb used a similar kind of illogic in “Framed” (discussed in The Murder of Mary Phagan – Part 4). Goldfarb makes the outrageous attempt to paint Harry Scott and Hugh Dorsey as scoundrels in order to exhonerate Frank. Porter selects Conley, a far easier mark, for the same end.

The essence of Porter’s argument is: 1) Frank was convicted only because of Conley’s testimony, 2) Conley wrote the murder notes, 3) Conley was a liar, 4) Conley lied about Frank dictating the murder notes, therefore 5) “Frank’s guilt is not only out of the question, but absolutely impossible”.

Point 1, Porter’s assertion that “there is no real evidence against [Leo] Frank. All the so-called evidence comes from Conley”, is plainly false. Conley’s testimony played a critical, perhaps even decisive role in Frank’s conviction, but it was not the only evidence presented against Frank. Frank was arrested and indicted before it was known who wrote the murder notes, much less who conceived them or why. Porter himself points approvingly to Slaton, who described other important evidence against Frank that was unrelated to Conley.

Points 2 and 3 were conceded by Conley and known to the jury.

Point 4 is the heart of Porter’s argument. It is indeed plausible that Conley decided what to write. Frank may have only suggested that Conley write something implicating someone else. Conley might have even come up with the idea himself. Perhaps at first Conley understood the notes as a way to help save his boss, but lied about in court to help implicate his boss because by then it had become clear he needed to save himself.

So what? Even if there is truth in such speculation, it is not necessarily incompatible with the rest of Conley’s story, much less the prosecution’s overall case against Frank.

 
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