Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-12
LANF ORD 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 al any
time in the discretion Of the jurors
Rosser Suspects ConIey.
Rosser's attitude toward Conley has
been publicly expressed as one Of sus-
picion Il has been said that the at
torney for Frank is so certainly con.
WINGED Of the guilt OF the negro that
he will not be satisfied with Frank 9
acquittal. but viii 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 14-year-old girl
to death
These circumstances presaEe bit
ter skirmish over Conley Friday
morning tits not. as II would appear
on its face "a plan 10 Hberate the ne
gro entirely II has resolved itself
into fight 10 determine whether
Conley shall be held al the police sta
ton where the Solicitor and the de
tectivcs wish him. or whether he shall
be taken back 20 the Tower, where
Attorney Rosser vigorously has as
serted he properly and legally should
20
II the Solicitor succeeds In obtain
ing the revocation Of the court order
IL win mean simply that Coniey will
continue 90 be- held at the police sta
tiou under tho agreement signed by
himself and bis attorney, William NJ.
Smith by which they consented TO
ConIey's Incarceration a. police head
quarters until the trial Of Frank.
Tower Place for conley.
II Mr. Dorscy's petition falls, Con
ley viii he taken Geo the Tower, AS
Judge Roam has reached a decision
that this Is the only proper place 20
hold him, and that he was without
authority 90 commit the negro TO the
police station if hc b. suspect
This win he tho FIRST test Of
strcuuth between the prosecution and
Franks able counsel II MIR. Russcr
accepts hls opportunity. Ia the eyes
Of Attorney Ro-Ser the question Is
Of NO small Importance. lie has
questioned why % has been found
necessary 90 suquost'r the negro al
the police station under the guard
and tutolaCp of the detectives before
whom he made AN his anldavits. The
attorneys utteuuCos convey no other
impression than that hp is convinced
the negro has been and is being pet
ted" and that the detectives have
made no effort 10 make Conley tell
still another story
Attorney RusSrr I'm his open letter
Co the public demanded that the 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 op-
purtuulty 90 make an open fight for
his contention In court lively scenes
are anticipated. II is hardly thought
that he win stop 5t showing why
Conley should be held as a material
witness.
Show conley Had Chance.
Tie viii go further and show that
Couley not only had the same OPP
portunity 20 murder Mary Phagan as
that afforded Frank but that every
incident at the factory on that fatal
day. as we'll as the ncgrus suisse
uuynt conflicting stories, points more
clearly and more certainly to his guile
than to the guilt Of Frank. file will
insist for this reason, that % would
be the most egreEious hlunder 10 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 COnley in
formed him that he (Conleyl had been
inundated at the Tower and prefer
red 20 stay al the police station VII
liam NJ Smith, attorney for Conley
gave the same reason for desiring his
client AT the station.
Sheriff Mangum has said I'm reply to