Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-29
By An Old Police Reporter.


As depIorable as the Phagan cas-,
I Is in all its melancholy details, 81 al
I ready IS evident enough that there
will come Of it eventually much that
the community may be thankful for
In the first place, Atlanta and GeoT-
gia, and incidentally the entire South
will have learned a good lesson in Law
/ and order, justice and fair play, and
to that extent may be the better pre-
pared for the next case Of the kind
that comes 10 their attention.
In the second place, there will be in
the future no such wretched bungline
and frenzied appeal in and from po-
lice headquarters. as for a time
marked the Phagan case unique
among its kind.
II looks now az If the decks have
been pretty well cleared for action
and that Leo Franks trial may be
expected to proceed in dignity and or
DER and that In it's final analysis the
truth Of Mary Phagans murder may
be established, at least to the extent
Of Franks real or suspected partici-
patton therein.
If Frank should be convicted that
would mean the subsequent indict-
ment and conviction Of the negro Con-
ley, as an accessory after the fact.
Conley Indictment May Follow.
If Frank should be found not guilty
that would mean the Indictment or
Conley, as principal to the murder In
all human probability.
II evidently is the purpose Of the
State to hold Conley free Of indict
ment. pending the disposition of the
charges against Frank. His status as
material witness depends much
upon this. OF course
There always Is a chance. however.
that a Grand Jury may take up a
thing Of this sort Of its own motion.
and to that extent there remains the
possibility Of prior indictment hang
ing over Conley
II seems more likely. however. that
the case Will go to trial about as It
shapes up now.
/ do not incline to think the State
really has any further sensational or
particularly effective thing up its
sleeve. Neither do | think the de-
Tense has.
There may be, on both sides, bits OF
Corroborated evidence or evidence to
offset this, that. or the other to come,
but In tho main I think the public is
in possession OF all the essential facts
in the Phagan case to date.
The public must remember, how
ever, that not all the things Il has
read In the newspapers, not yet one
40 h.. tR,t
jury trying Leo Frank as competent
evidence.
And 1t is upon the COMPETENT
evidence alone that the court will
permit Leo Frank to be Judged.
For instance, nothing that Mrs.
Frank has said in the public prints
Will 20 before the jury. wife is
estopped in law from testlfying either
for or against her husband
Fomby Woman Rejected.
The Fombv woman already has
been rejected as a POSSIBLE witness
against Frank. Her story admitted
~ is too preposterous even for the
state to bother with II further.
How much OF Conley's story the
jury will hear il entirely problemati-
cal
He will be warned that he need not
testify to anything calculated to in
criminate himself, and even If he
elects to disregard this warning there
is much In his statement that likely
VIII go down and out as inCompe-
tent or irrelevant.
The ponderous assurances Of
Franks guilt, so frequently thundered
from police headquarters by Detective
Lanford, will, 40 far as the Jury is
concerned, not be there. Detective
Lanford will not be on the Jury-and
his opinion as to the innocence or
guilt OF Frank viii not be immediate
ly valuable, therefore.
Franks own statement, it must be
rendered. viii be delivered 10 tina
jury, not under oath.
The jury will be instructed by the
court that II may accept the defend