The Birmingham age-herald., 1913-08-05
SS-EXAM|NAT|ON
OF CONLEY BEGUN BY
FRANKS ATTORNEYS
Sensational Testimony of
Negro Causes Women
TO Be Barred From
Court Room

Atlanta August 4.-Counsel for Leo NJ
Frank. ON trial for the murder of Mary
Pbagan, spent the entire afternoon today
In gruelllng cross examination of James
conley, negro sweeper at the pencil fac
tory where the girls body was found
Cross examination had not been conclud-
ed when court adjourned. The negro ear
Her in the day accused the defendant of
being a degenerate and charged that
Frank killed the little factory girl be-
cause she repused his undesirable at
tentions.
While this sensational testimony result
ed in court order barring women from
the trial, no reference was made directly
In the cross examination to this part of
the negro's testimony. Counsel for the de-
fense volleyed question after question at
the negro in what they explained was a
test of his memory.
Placed in Confinement
BY agreement of counsel for the defense
ard .osecution the negro tonight was
placed in solitary confinement. His guards
were forbidden to converse with him. They
also were ordered to deny admission to
any visitors.
Little was brought out in the cross ex-
animation.
After Coney had repeatedly stated in
reply to questions that he didn't know"
or didn't remember" he was asked By
counsel for the defense:
THE truth about this matter is, Jim,
that you told so many stories that you
can't tell what you did tell. can your"
mo. sir. / can't tell whether it's true
or not the witness replied.
isn't it the truth, Jim, that you made
one verbal statement at the police sta
fion, and after that made three affidavits,
and none OF them true?''
mo, sir; some is true replied Con-
ley.
Excuses Discrepancy
As an excuse for discrepancy in his
stories of the murder, conley declared;
81 Just didn't want to give the man
away. | thought he'd look out for me-
He added that when he told things that
were not true, he either hung his head,
twirled his fingers didn't look at the
person to whom he was speaking.
81 didn't look 'em straight in the eye
like I'm looking at YOU he added.
Conley was being questioned in regard
to affidavits given TO detectives shortly
after the murder when court was ad-
5ourned until tomorrow.
After three minor witnesses had been
examined Conley was led to the witness
stand by Chief of Police Beavers and
Chief of Detectives Lanford.
The negro held the interest of the
spectators more than 100 of whom We're
women from The moment he entered
the .collrt sroomsssia -s.ss.
IN his testimony he declared that on
several occasions he stood on guard
FOR Frank when the latter was eloseted
In Ids office with women.
Frank. according to the negro in his
testimony, was accustomed 10 stamp
on the floor when he desired Conley
to keep watch The negro testified
that Mary Phagan went to the office
of Frank about noon ON the day of her
= disappearance. shortly thereafter he
testified Frank stamped on the floor
and the negro took his accustomed
post
Heard Muffled Scream
Only a short time had elapsed. ac-
cording to the negro, when he heard A
muffled scream A few minutes later
he was summoned by Frank, the latter,
according to the testimony OF the
cited
conley testified that the factory
ruperintendents face was crimson; his
body and legs We're trembling and that
he clutched a cord with both hands
81 wanted her and she resisted ME. "
Frank exclaimed, according to Conley.
You know I'm not like other men. /
hit her too hard
Conley was asked what he thought
Frank meant by his statement that he
was not like other men.
The negro described to the court two
alleged incidents which led him to the
conclusion that Frank was degenerate
These two incidents, according to the
negro We're observed when conley uh-
expectedly encountered Frank with a
woman.
Conley then told of going at Frank 5
direction to the machine room where
he found the body of Mary Phagan.
The negro testified the girls body
was lying on the metal room floor face
upward.
Knew She Was Dead
He said, he knew at once she was
dead because she did not move and she
did not breath.
The witness said that he put the
body of the girl in gunny suck and
tied the sack like a washerwoman ties
clothes"
Putting the bundle on his shoulder
the negro, according to his testimony
then started toward the elevator. When
about half way across the room the
body slipped from his shoulder and fell
TO the floor He called to Frank fol
assistance and together, he testified
they carried the girls body to the
elevator.
Both descended with the body to the
basement where the body was left on
pile of rubbish near the furnace, the
negro said.
Conley then told of returning to
Franks office where the negro claimed
he wrote the notes at Franks dicta-