Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-07-08
STATE SURE LEE
WILL NOT Be
RELEASED
Dorsey Confident That Move
Which May Confront Frank
With ConIey, Is Futile.

Solicitor General Hugh NJ Dorsey
said Tuesday he was confident the
State would be able TO defeat any at
tempt to get Newt Lee out of the
Tower where he has been confined
since April p, first as a suspect in
the Mary Phagan murder case and
later as material witness. He said
he had advised Lees attorney not to
take the action, as the negro was re-
garded as an important witness IN
making a complete chain OF evidence
against Leo NJ. Frank
No petition was filed In behalf OF
the negro Tuesday forenoon. There
was no Judge before whom the petit
ton could be brought in the after
noon, although in rare instances writs
of habeas corpus are filed with the
Ordinary Of the county. Lees counsel
has until Friday to file the applica-
ton. Ii was the announced intention
20 subpoena both Frank and jim Con-
ley to appear at the hearing on the
write.
Defense's Attitude Secret.
The plan of bringing Conley 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 10 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.
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 20 appear in the habeas corpus
hearing and that, therefore, he could
not say what the attitude of the de-
Tense would be
The sentiment of the new Grand
Jury, which is said to favor an in
vestigation into the Phagan mystery
with a view OF indicting Conley, also
opens most interesting possibility
in that the defense viii be called upon
to make known for the first time the
evidence which it has against Con-
ley
Rosser Guards His Evidence.
Luther H. 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 a number Of
suspicious circumstances that point
to the guilt OF Conley, but he has
carefully guarded the contents OF the
scores Of afiidavits in his possession
which are said to weave the strongest
sort Of 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 will be the first time the de-
Tense will have been led into any show
OF it's 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.
It is regarded as likely, however,
that they will welcome this opportu-
nifty to assist in the Indictment of
the negro. particularly as their evil
dence will be given behind closed
doors and in the presence Of men
sworn to secrecy.