Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-07-06
Frank Expects Freedom by Break
ing Down Accuser's Testimony,
and State a Conviction by Es-
tablishing Truth Of Statements.
BY AN OLD POLICE REPORTER

case have been Of late highly sig
fcant and interesting.
During the past week. it became
evident that the very heart and
soul Of both the prosecution ana
the defense is to center largely
about the negro, James Coniey.
He is at once apparently the nope
and thu despair Of both sldes 70
the contest!
This circumstance, however
while tending to ado much 70 the
dramatic and the uncertain, IN go
far as the outcome is concerned, is
not By any means an unusual thing
IN cases OF this Kind.
Il frequently happens in mystic.
rious murder cases that both the
State and the defense must pm their
faith TO one and the same wit
ness.
or Late there has been some talk
OF the Grand Jury indicung Con-
lev. even over the Solicitor Cen
erals head. which. Of course, II
would have a perfect right to do.
The thought occurred to me some
time ago that the case might take
that direction, but in the article
in which that point was discussed,
] mentioned It incidentally, rather
than as a likely thing.
Indictment may Mean Much.
Il seems, nevertheless, that the
idea OF indicting Conley has had,
and still may have, much more be-
hind II than some people have been
willing 10 admit, and that phase OF
tho situation has cSused me to
speculate somewhat in detail to-
day as TO how and why Conley
might be indicted
/ find that those who are urging
II have much more to stand upon
than would seem probable at hrst
blush.
Two things are evident
First, the defense will attack
Conley vigorously.
Second, the character Of Leo
Frank will be put IL. issue by the
defense, fearlessiy and frankly!
These two things, | take II, Will
constitute the defense's primary
CHALLENGE to the prosecution!
And II be right about that, the
issue win be thrilling and dramatic
enough to satisfy the cravings or
the most exacting, whom tho case
comes on for trial later along this
month.
About these two points OF dis
agreement, Hugh Dorsey and Frank
Hooper. on the one hand, and Luth-
er Rosser and Reuben Arnold, on
the other, will be on their mettle-
and n the fur and likewise the fire
doesn't fiy, / mistake my guess at
this writing!
Leo Frank has been indicted for
the murder OF Mary Phagan, and
for reasons presumably satisfactory
! 10 the Grand Jury.
Points Against Conley.
Let's examine the points upon
/ which the defense will indict Con-
! Icy, II tho Grand Jury fails to beat
/ the defense to (which yet is
! problematical.
The defense will contend;
% That conley wrote Of his own
notion tho notes found beside the
dead girls body.
/ (2) That the negro told Of moi
dents and conversations which took
place admittedly in the pencil fac
/ tory an hour or more before he
swsars he went there.
(3) That the negro admits he
was drinking and broke" when he
went to the factory Saturday morn
/ ing, and 10 known TO have spent in
tho afternoon about the amount of
/ money Mary Phagan is supposed to
have had In her little mesh bag
when she started out Of the fac
a. That the negro admits he was
in hiding or loafing near the open
elevator shaft, at the foot OF the
steps Mary Phssan must have used
as she came down to 90 out OF the
factory.
(5) That at the inquest Frank
said he thought no had heard voices
outside his office, very soon after
| Mary Phapan started down the
! stairs. and that the voices he
thought he heard which might have
been voices Of Mary Phagan and
the negro, Just as the negro attack
cd the girl.
(e) That the negro said the body
! of Mary PhRgan was carried down
the elevator shaft, and yet two wit
nesses stand ready to swear, and
have sworn, that the elevator did
not run on the fatal Saturday at
all.
(D That, while the negro ae-
counts after fashion for the girls
shoe and hat thrown onto trash
pile. he fails to account for the in
eliminating parasol found at the
foot Of the elevator shaft, where It
might have been thrown with Mary
Phasan's body from above.
(s5 That the negro says Frank
called him at 1886, notwithstand-
inc the fact that Frank was talk
ina to MIR. and Mrs, White at I
O'Clock, and inmedl ately thereafter
left the factory, reaching home
about 1:2o, That, therefore, Frank
could not have done the things Con-
/ ley accuses him of having done, for
sheer lack of time, if nothing else.
(e) That the negro did not flee,
/ il guilty himself because the police
/ promptly accused in turn Newt Lee,
I CAN'T, MulliniN and Frank as sus-
/ poets, not once mentioning Conley;
| and. besides, no one knew at the
| time these suspects were proclaim
/ ed that Conley had even been in
| the pencil factory Saturday morn
/ ing.
washing his shirt, which might
! have been blood stained, very soon
after Mary Phagan's murder was
effected, and that he said at the
time he was worried over some
thing not stated.
tiD That the negro's statements
have been inconsistent and con-
fiicting, both those under oath and
those not under oath, anc that he
has admitted having sworn falsely
more than once.
t12) That the negroes defense Of
himself is Of no merit, because Il is