Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-12
AGREES
To LET CONLEY
FACE FRANK
Expected Grand Jury Will Be
Asked to Hold Negro as Sus-
pect, Not Witness.
Continued From Page I,

to confront Frank by the negro at any
time in the discretion Of the Jurors.
Rosser Suspects Conley.
Rosser's attitude toward Conley has
been publicly expressed as one OF sus-
picion It has been said that the at
torney for Frank is so certainly con
WINGED Of the guilt Of the negro that
ne will not be satisfied with Franks
acquittal, but will so array the evi-
dence in the case that no other con
clusion can be reached than that Con-
ley was the man who attacked and
cruelty strangled the l4-year-old girl
to death
These circumstances presage a bit
ter skirmish over Conley Friday
morning. II is not. as II would appear
on It's face. a plan to Iiberate the ne
gro entirely. II has resolved itself
into a tight to determine whether
Couley shall be held at the police sta
ton, where the Solicitor and the de-
tectives wish him, OF whether he shall
be taken back to the Tower where
Attorney Rosser vigorously has as
serted he properly and legally should
be held as a material witness.
II the Solicitor succeeds in obtain
ing the revocation Of the court order.
il will mean simply that Conley will
continue 20 be held at the police sta
ton under the agreement signed by
himself and his attorney, William VI.
Smith. by which they consented 10
Conley's incarceration al police head
quarters until the trial Of Frank.
Tower Place for Conley.
II Mr. Dorseys petition fails, Con
ley viii be taken 10 the Tower as
Judge Roam has reached decision
that this is the only proper place To
hold him. and that he was withou;
authority to commit the negro TO the
police station If hc Is suspect.
This viii be the first test Of
strength between the prosecution and
Franks able counsel II Mr.. Rosser
accepts his opportunity. In the eyes
al Attorney Rosser the question is
OF no small importance. He has
questioned why Il has been found
necessary 90 srqucstcr the negro at
the police station under the guard
and tutclaEe of the detectives before
whom he made all his adidavits. The
attorneys uttcrHuCCs convey no other
impression than that ne is convinced
the negro has been and rs being pet
ted" and that the detectives have
made no effort to make Conley tell
still another story
Attorney Rosser I'm his open letter
20 the public demanded that tho ne
gro be taken from this influence and
placed I'm the Tower along with Newt
Lee. the other material witness in
the case. Now that he has the OPP
portunity 10 make an open fight for
his contention in court lively scenes
are anticipated. II Is hardly thought
that he win stop at showing why
Conley should be held as a material
witness.
Show conley Had Chance.
He win go further and show that
Conley not only had the same OPP
portunity 10 murder Mary Phagan as
that afforded Frank. but that every
incident al the factory on that fatal
day. as well as the Negroes subse-
quent conflicting stories, points more
clearly and more certainly 20 his guilt
than 10 the guilt Of Frank. He will
insist for this reason, that II would
be the most egreglous blunder to let
Conley get out Of the custody Of the
State. even though he is still held by
the police.
Solicitor Dorsey has given as a rea-
son for his action that tonlcy in
formed him that he tCunleyl had been
inundated at the Tower and prefer
red 20 stay at the police station. VII
liam N. Smith attorney for Conlcy,
gave the same reason for desiring his
client at the station.
Sheriff Mangum has said in reply 20