Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-20
READY TOETT TACK
MRS. FORMBY'S
AFFIDAVIT
Defense Finds New Witnesses for
Leo NJ. Frank in the Phagan
Staying Mystery.
Continued From Page /.

which might be invoked to obtain an
acquittal for Frank
The story Of the negro sweeper. Jim
Conley. they regard as the GROWING
piece Of evidence against the factory
superintendent on the sationaI
allegations in the last affidavit he
made. the prosecution contends It has
the clinching piece Of evidence In the
long chain. Until they obtained this
affidavit, they had been unable to
find anyone 20 swear that Frank had
seen Mary Phagan on the day Of the
murder except FOR the two or three
minutes she was in his office to draw
her pay.
The negro swure Frank had him
help in the disposal OF the girls body
and the prosecution processes to be
lieve this statement, which, II true. is
vitality important. II IL Is true, II is
the only Circumstance which indi-
Gates that Frank had any direct
knowledge of how Mary Phagan came
20 her death.
But even this evidence. as vital as
IL is II a jury can be induced 10 give
il Credence. is only circumstantial at
best COnley does not profess to
says Mary Phagan was stone dead"
when he first saw her and that Frank
told him she had hit her head against
something.
The prosecution announces 1t has
fortified itself against the attack that
certainly win be made on the credi-
bility Of the negro by substantiating
the essential portions Of his many
times conflicting and improbable
stories by a mass Of testimony from
other witnesses. They can see no
loophole through which Leo Frank
may escape.
Defense Also Confident.
The defense is not at all dismayed
by the apparent confidence OF the
prosecution. Franks lawyers ridi-
cule the idea that the prosecution
has any evidence which is damaging
TO Frank. aside from the freely ad-
mitted fact that Frank was In the
factory at the time Mary Phag1n
came in 20 draw her pay. They are
convinced of Franks innocence. OF
this there is no toubt.
They are as assured of the acquit
tai and sweeping vindication OF Leo
Frank as though IL already were an
accomplished fact They say the So
called strong chain Of circumstantial
evidence against their client appears
strong only when viewed through the
eyes OF a person so preJudiced he can
not see the possibility of another hav-
ing been the criminal and so mar
row that he works with the single
purpose OF convicting tbis particular
man.
Their attitude, in short, when the
case comes 70 trial win be expressed
much like this: III you are basing
your case on circumstantlal evidence,
we offer for the consideration OF this
Jury evidence much more damning
and conclusive against this negro
Conley-his train OF lies, his perjury
his suspicious actions before and aft
er the crime, and a hundred and one
circumstances that point to his guilt
with almost certain clearness.
They viii contrast the drunken ne
gro, hiding and skulking In the fac
tory on the day OF the crime, and ly-
ing about his whereabouts for three
weeks afterward. with the conduct of
Frank. who freely admitted he was al
the factory on certain hours, and who
has not been trapped in a single mis-
statement since his arrest. They will
show that the negro has lied and fall
sified even since he made his last af-
adavit. upon which the prosecution
relies so implicitly.
lronclad Alibis.
They DO not believe any jury car
hear the evidence and fail to be con-
WINGED OF the guilt of the negro even
though the authorities have not seer
ut to indict him. either for the ac-
tual murder or upon his confession
that he was an accessory after the
fact
Neither do they believe, leaving the
negro out OF consideration as the
probable murderer Of Mary Phagan