Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-11
PHACAN CASE IS
ANALYZED BY
NAPIER
Letter by Lawyer Gives Legal
Facts as They Concern Leo M.
Frank and ConIey.
Continued From Page I.

the prosecution any serious impress
sion as TO his own guilt as The actual
murderer Of Mary Pagan
Two things IL seems 30 me, would
be sufficient 10 clear Frank of the
crime, in the absence Of any proved
motive TO commit it The first l. the
work done by him on his books at
the pencil factory on the afternoon Of
the killing and subsequent to the time
which is assigned by common consent
for the occurrence of the deed.
How Could He Have Done Work?
That a man could go to the delicate
and Intricate task of spreading upon
account books the record and figure
of a weeks transactions Of a factory
employing a large number Of hands,
and involving numerous financial
dealings. and requiring four or more
hours of steady work, and tina, he
could do this with his usual accuracy
and CELEBRITY staggers belief
The other fact is "A piece Of tesu-
mony by the negro Coniey himself
He has made the statement that when
he was assisting Frank in the dis
posal Of the dead girls body he no
ticed the time clock In the factory
and saw tnat II lacked four minutes
of / o'clock. At that moment he says,
Miss Coriuthia Han and Mrs. Emma
Clark Freeman, two employees. came
into the factory and Frank told him
10 hide I'm cupboard in the office
But Miss Hall and Mrs Freeman
testified that they were at the factory
one hour and eleven minutes earlier
than that and that they left the fac
tory at 1915 and did not return that
day. The conversation they had with
Mr.. Frank is the same that the negro
says he heard.
Discrepancy in Time.
The murdered girl reached the city
by street car al 1904. This has been
definitely proved She reached the
factory and received her pay envel-
ope at 1910 or 1915, so far as is
known. Thus the negro adds this 10
his many other admitted lies-and II
the girl was dead at the time he heard
Frank talking 20 Miss Hall and Mrs,
Freeman. she was murdered before
she left her home
To one who g. sufficiently interested
10 look over the scene Of the crime
several things worth noting viii be
revealed. Coming down from the Of
hCe in the pencil factory a young
girl unprotected might well glance
with nervous dread AT the pile OF
large boxes under the stairway near
the elevator shaft In daytime the
corner under the staisrase Is In semi
darkness. Il Is an ideal place for a
would-be criminal TO screen himself
II the girl left the factory after re-
Ceiving her pay and came down the
stairs, this dark corner was behind
her as she walked down the steps.
woman who testified, but whose name
I do not now recall saw negro Turk
ing in this corner. Cunlcy has adj
mitted that he sat for some time near
the elevator
Negro Had Opportunity.
He had the opportunity 60 spring
upon the poor girl as a spider would
upon a fy II robbery was his mo-
tive. an assault with a stick might
have felled her She could have been
thrown down the elevator shaft or
through the opening near the eleva-
tor. which has "a ladder under IL lead
ing down to the dirt floor OF the base
ment.
The place on the second floor where
Conley SAYS he picked up the body Of
the girl shows no trace % blood.
livery circumstance indicates that
she received the blow on her head
before she died-aud he says she was
dead when he saw her therC--so II
she bled anywhere the strong prob
ability is that the bloodstains would
have been found where she had been
picked up
Even the mystfyiug fact that the
staple Of the rear door leading out
81 the basement To the street, had
been pulled from the inside could he
easily explained on the theory that
the criminal took the precaution 70
pull that staple SO as 60 be able TO
run down the ladder and make his
exit safely by the back street I'm the
event any outcry was made hy his
victim.
Much emphasis is placed upon the
dramatic manner with which Conley
re-enacted the supposed work 81 car
Tying the body from the second floor
10 the basement that fatal day
Might Not He Swear Falsely
Does II tax our credulity greatly 20
believe that cunning negro. who
has been proved 20 have had unob-
structed opportunity To commit the
crime and who admits having se-
GREETED the body rs capable of swear
ing that another man was with him
" hen the crime was committed
man behind whom he can hide from
the law
Would a drinking. irres ponsible
perhaps criminal man Of a low order
Of life be incapable Of swearing away
The life OF any man II hy SO doing DE