Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-11
c. N. NAPIER
ANALYzES
PHAGAN
CASE
In a Brilliant Letter He Arrays
Facts as They Affect Leo M,
Frank and COnIey.

4 he GeOIB gran puDilSlcS lHt lollbW-
ing letter written by George NJ. Ne
pier, the well-known lawyer. on the
Phagan case, as 1t gives for the first
time d legal analysis Of the case for
and against Frank:
To the Editor of The Georgian:
This section of our country has
held very few criminal cases so pro-
foundly interesting as the Phagan
case. Indeed. it is questionable wheth-
er the entire South has ever had
enacted within it a crime which has
created such intense and widespread
interest.
Personally, have no concern in the
case, save as a citizen Of the State
desiring that the guilty party or par
ties may receive condign punishment
Profoundly Interested.
As a lawyer. being interested more
intimately perhaps than those not Of
that profession, certain aspects Of the
case-the procedure taken in the ef-
forts of those Immediately charged
with ferreting out the facts Of the
crime, and the varied and swiftly
changing developments in connection
with til find these to be Of profound
interest.
One thing has been made evident:
The people generally are disposed TO
ascribe guilt to one who has the OPP
.portunity to commit crime. This was
shown by the widely -accepted con-
clusion that Leo Frank and Newt Lee,
colored, were guilty OF the murder of
the Phagan girl, as soon as it became
known that they had been at the pen
ell factory on the day Of the homi-
eide.
This conclusion was fixed in the
minds of many by reason Of the evil
dent inclination of the detectives to
believe Frank guilty. And there is
little doubt that If the two men had
been imprisoned in an unprotected
town Jail they would have been lynch
ed while suspicion and excitement
were at their height.
Praises Newspaper.
This mental state of the community
did not last however. The remark
able success Of the local press in ID
tanning and publishing every detail OF
the evidence Of the detectives enabled
the reading public to weigh the testi-
mony by piecemeaL II is safe to say
tn there lately have been many ac-
cessions to those who from the first
hesitated TO accept the theory Of
the guilt Of Frank, or of the night
Waterman who found the body, upon
the sole basis of their opportunity to
commit the crime, and with all the
circumstances going to negative mo-
tive to kill the young girl especially
on the part Of the white man.
The zeal Of the secret service men
In trailing to cover criminals who ef-
feet getaways is to be commended,
but the work Of building a successful
prosecution upon a mere case OF sus-
picion will. in many instances. fail
The testimony Of Frank before the
Coroner's jury. in which he gave, with
conspicuous consistency and open
ness, an account Of his actions and
whereabouts on the day Of the kill
ing. created a favorable impression on
the public mind.
Strengthened by Witnesses.
This was strengthened by the cor
roboration Of his statements as to the
time Of his movements by impartial
witnesses Of unquestioned veracity.
The Indictment Of Frank by the
Grand Jury seems to have been seized
upon as the psychological opportunity
for the negro ConIey to admit that he
wrote the notes found by the dead
girls body. and the comparison OF his
handwriting with that Of the notes
proves that fact beyond perIdventure
But the network of lies in which Con-
lev has become enmeshed seems no;
d have given the forces conducting