Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-14
. TIGHT HARD
7 D CRUSH
F R 4 n KS
DEFENSE
State Plans Battle on Points
Outlined by Prisoners
Lawyer. III

| or Leo NJ, Frank exposed by the pre-
liminary battle over the custody OF
the negro Conley, the prosecution in
the Phagan murder mystery went to
work on the case Saturday with it's
first definite idea of the sort of a
stronghold it must assault.
1t was assured that the accused
| mans lawyers would not rest with
lighting suspicion away from Frank,
| but wuold seek to fasten the guilt so
| firmly upon Conley that Frank not
only would he acquitted but that he
would be cleared Of every stain which
has been cast upon his name and rep
utation by the terrible charges lodged
against him.
Report was rife Saturday morning
that the attorneys for Frank had not
Yet acknowledged defeat in their eff
forts to have Conley confined at the
Tower instead of at the police sta
ton, where they charge he is improp-
| erly protected and 'petted" by the de-
tectives The next move was ru-
mored to be the swearing out of a
warrant charging the negro with the
| murder to compel Conley's removal
! to the Tower
Attacked by Rosser.
Luther d. Rosser, chief of counsel
! for Frank, has branded as most I'M
usual and irregular the procedure
which has allowed the negro. who has
| confessed to being accessory after the
fact, TO be left without an indictment
against him on the charge to which
he has virtually pleaded guilty.
Rosser urged an impartial inves-
tigation into the possibility that ne
Is even more seriously connected with
the crime which resulted in the grew
| some death OF Mary Phagan.
| chief OF Detectives Lanford said
Saturday when he was appraised Of
the contemplated move of those who
wish to see the negro's stories inves-
tigated by an impartial body that ne
assuredly would honor any warrant
which on its face appeared bona fide.
but that he would fight any effort to
take Conley 20 the Jail, which he sus-
pected had back of it the animus of
persons unfriendly 10 the negro and
friendly TO Frank. Lauford asserted
that all of his actions in the Phagan
mystery had been inspired by the de-
sire to get the guilty man, and that
it was his conviction that the negro
liz Il l.F G hr .rTfvra
Guarding Against Surprise.
After the Developments of Friday,
it became evident that the prosecu-
ton. while it is busying itself in an
effort TO place the crime on Frank.
must guard against the surprise OF
finding all OF a sudden that the de-
Tense has stolen a march and has in
The meantime shifted every ,enable
suspicion directly upon the negro
Conley.
Most Of the evidence must be cir
cumstantal Even the negro's sue
cession Of contradictory afidavits, II
any one Of them is to be accepted,
must be regarded as circumstantial,
for IN none of them does be say that
he saw the killing Of the girl She
was dead, he ayers, when he first saw
the body So the death might have
been quite accidental, even If every
word of the Negroes latest affidavit Is
to be believed.
From the fact that the evidence is
any OF the negros statements can be
so purely ClrCumsJantial and that
il is d matter Of grave doubt whether
accepted as having any element of
truth, the defense Will maintain II
became evident from its attitude Fri
day. that the evidence points far
more certainly and positively toward
COuley as the murderer than toward
frank.
Absolutely nothing of a suspicious
nature has been brought against
frank, the defense will assert, ex-
CepJ that ne had the opportunity. On
the other hand, a score Of suspicious
circumstances viii be brought against
the negro.
Covering Evidence.
The work Of the prosecution from
this time on will be the adding OF
cOnfirmatOry evidence TO the negro's
stories. The detectives have pro
lessed TO have a great amount OF
evidence bearing out Conley's state
ments Of what happened in the fac
tory on the day of the murder. They
have said that they are keeping much
Of this under cover for the PURPOSES
Of prosecution until the trial OF Frank
begins
When taxed with the question as 10
how they could believe the negro's lat
est statement and accept il as the
unqualified truth, when the negro ad-
mittedly had told a string Of lies and
falsehoods previously, they have said
that they will not have 20 depend on
the negro's story alone, but viii have
Substantiating evidence TO bolster up