Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-07-06
Frank Expects Freedom by Break
ing Down AcCuser's Testimony,
and State a Conviction by Es-
tabIishing Truth of Statements.
BY AN OLD POLICE REPORTER

case have been of late highly sig
fcant and Interesting.
During the past week it became
evident that the very heart and
soul Of both the prosecution and
the defense is to center largely
about the negro. James Conley.
He is at once apparently the hope
and the despair Of both sides TO
the contest,
This circumstance however,
while tending to add much TO the
dramatic and the uncertain, In 50
far az the outcome is concerned, Is
not by any means an unusual thing
In cases OF this kind.
It frequently happens in mystic
rious murder cases that both the
State and the defense must pin their
faith 10 one and the same wit
ness.
Of late there has been some talk
Of the Grand Jury indicting Con-
ley, even over the Solicitor Cen
erals head, which, of course, 1t
would have a perfect right to do.
The thought occurred to me some
time ago that the case might take
that direction, but in the article
III " nv % tlAdN punt ffA1 ''A'''reAH
I mentioned it incidentally rather
than as a likely thing.
Indictment may Mean Much.
1t seems. nevertheless. that the
idea Of indictlng Conley has had,
and still may have, much more be
mind it than some people have been
willing to admit, and that phase of
the situation has Csused me to
speculate somewhat in detail to-
day as to how and why Conley
might be indicted.
/ find that those who are urging
II have much more to stand upon
than would seem probable at first
blush.
Two things are evident:
First, the defense will attack
conIey vigorously.
Second, the character of Leo
Frank will be put il. issue by the
defense, fearlessiy and frankly
These two things, ! take It, will
constitute the defenses primary
CHALLENGE to the prosecution!
And II ] be right about that, the
issue viii be thrilling and dramatic
enough to satisfy the cravings of
the most exacting, when the case
comes on for trial later along this
month.
About these two points Of dis
agreement Hugh Dorsey and Frank
Hooper. on the one hand, and I4uth-
or Rosser and Reuben Arnold, on
the other, viii be on their mettle-
and If the fur and likewise the fire
doesn't fly, | mistake my guess at
this writing!
Leo Frank has been indicted for
the murder of Mary PhaEan, and
for reasons presumably satisfactory
to the Grand Jury
Points Against Conley.
Let's examine the points upon
which the defense will indlct Con
ley, If the Grand Jury fails to beat
the defense to (which yet is
pToblematical.
The defense win contend.
% That Conley wrote of his own
notion the notes found beside the
dead girls body.
~ That the negro told of Incl
dents and conversations which took
place admittedly in the pencil fac
tory an hour or more before he
swears he went there.
(3) That the negro admits he
was drinking and broke" when he
went to the factory Saturday morn
ing, and is known to have spent in
the afternoon about the amount of
money Mary Phagan is supposed to
have had in her little mesh bag
when she started out of the fac
tory.
a. That the negro admits he was
in hiding or loafing near the open
elevator shaft, at the foot of the
steps Mary Phagan must have used
ek he HnNAfN ~ no - 1F fha
factory.
~ That at the inquest Frank
said he thought he had heard voices
outside his office very soon after
Mary Phaean started down the
stairs. and that tho voices he
thought he heard which might have
been voices of Mary Phagan and
the negro, Just as the negro attack
ed the girl
(6) That the negro said the body
Of Mary Phagan was carried down
the elevator shaft, and yet two wit
nesses stand ready to swear, and
have sworn, that the elevator did
not run on the fatal Saturday at
all.
~ That. while the negro &C
counts after a fashion for the girls
shoe and hat thrown onto trash
pile, he fails TO account for the in
eliminating parasel found at the
foot of the elevator shaft, where it
might have been thrown with Mary
Phagan's body from above.
(3) That tho negro says Frank
called him at 1886, notwithstand-
inc the fact that Frank was talk
ing to MIR. and Mrs. White at I
o'clock, and immedl ately thereafter
left the factory, reaching home
about t;20. That, therefore, Frank
could net have done the things Con-
ley accuses him of having done, for
sheer lack OF time, If nothing else.
(9) That the negro did not flee,
If guilty himself, because the police
promptly accused in turn Newt Lee,
CAN'T, Mulinix and Frank as sus-
poets, not once mentioning Conley;
and, besides. no one knew at the
time these suspects were proclaim
ed that Conley had even been in
the pencil factory Saturday morn
ing.
Ito) That conley was caught
washing his shirt, which might
have been blood stained very soon
after Mary Phaqan's murder was
effected, and that he said at the
time he was worried over some
thing rot stated,
(t1) That the negroes statements
have been inconsistent and con-
ficting, both those under oath and
those not under oath. ana that he
has admitted having sworn falsely
more than once.
az That the negro's defense of
L.