Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-07-08

Attorney c. J. Graham, Of the frm
Of Graham & Campbell, went to the
home Of Judge w. d. Ellis Tuesday
afternoon to obtain the courts sigma
ture to an application for a writ of
habeas corpus in behalf Of Newt Lee,
negro night Waterman in the Ma
tional Pencil Factory prior to the kill
ing OF Mary Phagan.
Judge Ellis said he would sign the
application and set Wednesday morn
ing at $3.50 o'clock for a hearing on
the writ The hearing will be held in
Judge Ellis court. Mr.. Graham an
nounced that he would ask subpenas
for Jim Conley and Leo NJ. Frank.
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 q, first as a suspect in
the Mary Phagan murder case and
later as a 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.
Defense's Attitude Secret.
The plan Of bringing Coniey and
Frank together may meet an insur-
mountable obstacle when It comes to
getting the permission of Franks at
Tho Ia 4llfy4rg "a Rt Cd
man to testify or 20 refuse to testify.
Frank has been willing to appear as
a 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 to 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 will be called upon
to make known for the first time the
evidence which IL has against Con-
ley
Rosser Guards His Evidence.
Luther u. Rosser, chief of counsel
for the accused man, has stated pub
icly that he believes the negro, and
not Frank. guilty of the terrible
crime, He has narrated number of
suspicious circumstances that point
to the guilt of Conley but he has
carefully guarded the contents of the
scores Of aftldavits in his possession
which are said to weave the strongest
sort Of net about the negro.
II 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 its 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
II 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 viii be given behind closed
doors and in the presence of men
sworn to secrecy