Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-28

/ dict. therefore was vitiated by his
selection and by the probability that
he poisoned the minds Of the Other
jurors against the defendant.
Rosser Interrupts Arnold.
"lf your honor turns us down on
this ground there never will be q
ground of this sort that will be good
any more"
Luther Rosser chief of counsel for
Frank, interrupted Arnold at one
point to make the charge that the
pencil memorandum purporting to
have been made by Henslee of his
daily movements about the State as
a salesman had been entered all at
one time by Henslee after the charges
had been made against him. The
memorandum was submitted by Dor
scy as an exhibit in Henslees de-
Tense.
Police Are Attacked.
THE Solicitor and the detectiv IS
were just going to get Frank nolens
volens," was the opening declaraticn
Of Attorney Arnold when the hear
Ing on a new trial resumed Monday
morning The indictment against
Frank was brought before the Grand
- VI ever hllfN oyOAL -piiiNN . WI
fesson. before there ever was any
thing to warrant IT, Indictment !
just want to show the spirit that has
pervaded the investigation all the
way through.
THE Solicitor contends that Con-
ley's story damns Frank, but this
indictment was drawn and returned
before ever the grand jurors were
aware of the negro's statements ana
before there was anything to connect
Frank with the crime except his free
and voluntary admission that he was
in the factory at the time Mary Phd-
gan came in TO get her pay.
Question of Perversion.
People have en- only too eager
to believe Frank a peTvert. But from
what source did they get their infor-
nation? They got i. from only one
person, the miserable lying Jim Con
ley, who knew his own neck was 1T
stake. | am making no charges, but
it required only the merest sugges-
ton from the detectives to persuade
Conley TO utter this Infamous and
diabolical lie against Frank In order
to save his own neck.
What were the detectives doing
with Conlev al the time they had
tective Harry Scott, admitted that
they coaxed, cajoled. threatened, led
and prompted the negro and pointed
out to him the weak spots lii MS
story and made him revise 1t.
THE Solicitor claims that all the
circumstances and all the testimony
of the case sustain Jim Conley's story
but the fact of the matter Is that
Conley's story never was corroborated
except in the facts which the deteC-
tives knew before they had Conley's
and to which the confess
sion Itself was made to conform.
The Jury was taking sound. and
not sense, in this trial. Conlev was
not sustained by Monteen Slower.
Far from Il. His story was patched
up to fit her testimony"
The lawyer went over each Incl
dent and each particle OF testimony
by which the Solicitor argued during
Arnold contended that Conlev was
supported by none Of the citations of
Dorsey, and advanced his reasons.
Arnold laughed at the idea that
Conley watched at Franks direction
while women visited the pencil fac
tory office.
ITO have a Waterman involved
taking another man into his conf
dence in his alleged immoral prac-
tiCe," argued Attorney Arnold
Granting that Frank was foolish
enough TO make the negro acquainted
with his improper conduct, whom
could the negro have stopped had he
actually been watching?
What white man would have paid
any attention to that disreputable
negro at the bottom of the stairs?
Could Conley have stopped barley?
Could he have stopped Sig Montag?
Could he even have stopped Hollo-
way, the Waterman? No, any one of
them would promptly have told him
to get out of the way.
Didn't Stop Monteen Slower.
why, Conley did not even stop
little shrinking Monteen Slower. who
tripped up those stairs without inter-
ference. Conley said he saw her He
said that, just a moment before, he
had heard the piercing scream of
Mary Phagan. Yet he let Monteen
Slower go on upstairs. Your honor,
do you believe that Jim Conley ever
was watching there at the foot of
those stairs? No one can, 1t seems
to me. II Is the rottenest, clumsiest
lie ever invented.
Our theory, your honor. Is that
Jim Conley was the murderer of
Mary Phagan.
Every fact of the case connects
him more closely with the crime than
any fact points suspicion toward
Frank. The handwriting convicts
Conley. His confessions convict him.
He admitted. after concealing the
fact for weeks, that he was in the
factory at the time of the murder.
HE confessed to handling the body.
He was seen by Ivy Jones, another
negro, at 1;45, giving him Just about
time to dispose of the body. At this
time Frank had been at home more
than twenty minutes"
Arnold asserted that Frank had es-
tablished as powerful an alibi as ever
existed and that the physical facts
of the case made 1t absolutely inn
possible for Frank to have been the
murderer.