Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-07-08
ATTITUDE Of
DEFENSE
SECRET
Attorneys for Accused Man Can
Keep Him From Facing Ac-
cuser if They Wish,

That Leo NJ. Frank, superintendent
of the National Pencil Factory, and
James Conley, Franks accuser in the
Mary Phagan murder mystery. would
be brought face to face Tuesday was
the strong possibility presented by
the contemplated application for a
writ of habeas corpus in behalf of
Newt Lee, negro night Waterman at
the factory.
The plan Of bringing Coniey and
Frank together may meet an insur-
mOuntable obstacle when 1t comes to
getting the permission OF Franks at
torneys. The law allows an indicted
man to testify or TO refuse to testify.
Frank has been willing to appear as
witness at any time, but he has
placed himself under the instructions
Of his lawyers and the matter is en-
tirely in their hands.
Arnold Is Non-eommital.
Attorney Rosser is out of town, but
Reuben Arnold, associated with Mr..
Rosser in the defense, said Tuesday
that no thought had been taken OF
the possibility that Frank would be
asked to appear in the habeas corpus
hearing that, therefore, he could not
say what the attitude OF the defense
would be.
Lees attorney said he would ask
that both Conley and Frank be called
as witnesses TO show that neither OF
them could testify that Lee had any
thing to do with the crimt. Frank
already has said he id not believe Lee
had anything to do with the murder,
although he was at loss to explain the
skips in the punching Of the time
clock between IL and 10 o'clock the
night that the body was found in the
basement.
Lees Name Not Mentioned.
COnley has mentioned Lees name
in none of his stories, and If the
States theory of the murder is cor
rect Lee was not about the building
at the time the girl was strangled
The State, however regards Lees
testimony as important and is ex-
pected to put up a stubborn fight to
prevent his liberation Lee is de-
pended on to tell of the conditions at
the factory when he arrived there AT
4 o'clock Saturday afternoon. April
&c, and of Franks actions.
The sentiment of the new Grand |
Jury, which is said to favor an in
vestigatlon into the Phagan mystery
with a view Of indicting Conley, also
opens a most interesting possibility |
in that the defense Will be called upon |
to make known for the first time the |
evidence which il has against Con-
ley,
Rosser Guards His Evidence.
Luther Z. Rosser, chief of counsel
for the accused man, has stated pub
licly that he believes the negro, and |
not Frank guilty Of the terrible |
crime. He has narrated number of |
suspicious circumstances that point
to the guilt Of ConIey, but he has +,
carefully guarded the contents of the |
scores of afidavits in his possession |
which are said TO weave the strongest |
sort of a net about the negro.
If an effort is made by the Grand |
Jury to indict Conley, Attorney Ros-
ser, as well as members Of the de
tective department, probably will be |
asked to lay their evidence before the
jurors for an impartial determination |
Of whether it is sufficient to warrant
the action.
This win be the first time the de-
Tense will have been led into any show |
Of its real strength. Every attorney |
working in the interests Of Frank has |
closed his lips tightly when ques-
toned as to the really vital pieces OF |
evidence in the hands OF the defense. |
1t is regarded as likely, however, !
that they viii welcome this opportu- |
nifty to assist in the indictment of |
the negro, particularly as their evil
dence win be given behind closed !
doors and in the presence of men
sworn to secrec