Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-29
Bv An Old Police Reporter.

As deplorable as the Phagan case
Is. in all its melancholy details, It al
ready Is evident enough that theirs
will come Of it eventually much that
the community may be thankful for.
IN the first place, Atlanta and Geor-
gia, and incidentally the entire South
will have learned a good lesson in law
and order, justice and fair play, and
to that extent may be the better pre-
pared for the next case Of the kind
that comes to their attention.
In the second place, there will be in
the future no such wretched bungling
and frenzied appeal in and from po-
lice headquarters. as for a time
marked the Phagan case unique
among its kind.
Il looks now as If the decks have
been pretty well cleared for action
and that Leo Franks trial may be
expected to proceed in dignity and or
der. ard that in its final analysis the
truth Of Mary Phagan's murder may
be established, at least to the extent
Of Franks real or suspected partici-
patton therein.
II Frank should be convicted, that
would mean the subsequent indict-
ment and conviction Of the negro Con-
ley, as an accessory after the fact.
Conley Indictment May Follow.
II Frank should be found not guilty
Tint grntfII ha fy7HEnf f,aa or
Conley, as principal to the murder, In
all human probability
II evidently is the purpose of the
State to hold Conley free of indict-
ment. pending the disposition Of the
charges against Frank. His status as
a material witness depends much
upon this. Of course.
There always Is chance, however,
that a Grand Jury may take up a
thing Of this sort OF It's own motion,
and to that extent there remains the
possibility Of prior indictment hang
ing over Conley.
II seems more likely, however, that
the case will go to trial about as II
shapes up now.
/ do not incline to think the State
really has any further sensational or
particularly effective thing up its
sleeve. Neither do I think the de-
Tense has
There may be, on both sides, bits OF
Corroborated evidence or evidence to
Offset this, that, or the other to come
but in the main | think the public is
in possession Of all the essential facts
in the Phagan case TO date.
The public must remember, how
ever that not all the things it has
read In the newspapers, not yet one
half the things, ever will go before the
jury trying Leo Frank as competent
evidence.
And It is upon the COMPETENT
evidence alone that the court will
permit Leo Frank to be judged.
For instance, nothing that Mrs.
Frank has said In the public prints
will go before the jury A wife is
estopped in law from testifying either
for or against her husband
Forby Woman Rejected.
The Fomby woman already has
been rejected as possible witness
against Frank. Her story admitted
~ Is too preposterous even for the
State to bother with it further.
How much OF Conleys story the
jury will hear is entirely problemati-
cal.
He will be warned that he need not
testify to anything calculated TO in
criminate himself. and even II he
elects to disregard this warning there
is much in his statement that likely
win go down and out as incompe-
tent or irrelevant.
The ponderous assurances of
Franks guilt. so frequently Numbered
from police headquarters by Detective
Lanford, will, so far as the Jury is
concerned, not be there Detective
Lanford will not be on the jury-and
his opinion as to the innocence or
guilt OF Frank will not be Immediate
ly valuable, therefore.
Franks own statement, it must be
rendered will be delivered to the
jury, not under oath.
The jury will be instructed by the
court that It may accept the defend