Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-20
READY TOATTACK
MRS. FORMBY'S
AFFIDAVIT
Defense Finds New Witnesses for
Leo NJ. Frank in the Phagan
Staying Mystery.
Continued From Page I.

which might be invoked TO obtain an
acquittal for Frank.
The story Of the negro sweeper. Jim
Conley. they regard as the GROWING
piece Of evidence against the factory
superintendent on the sensational
allegations In the last affidavit he
made, the prosecution contends e has
the olinching piece Of evidence in the
long chain Until they obtained this
affidavit, they had been unable 10
md anyone to swear that Frank had
seen Mary Phagan on the day Of the
murder except for the two OF three
minutes she was in his office 10 draw
her pay.
The negro swore Frank had him
help In the disposal Of the girls body
and the prosecution processes TO be-
lieve this statement. which, II true. IS
vitality important. II il Is true. Il is
the only circumstance which indi-
Gates that Frank had any direct
knowledge Of how Mary Phagan came
to her death.
But even this evidence. as vital as
Il is II a jury can be induced 10 give
It credence is only circumstantial at
best Conley does not profess to
have seen Frank kin the girl He
says Mary Phagan was stone dead"
when he first saw her and that Frank
told him she had hit her head against
something
The prosecution announces It has
fortified itself against the attack that
certainly will be made on the credi-
bility Of the negro by substautiating
the essential portions Of his many
times conflicting and improbable
stories by a mass of testimony from
other witnesses. They can see no
loophole through which Leo Frank
may escape.
Defense Also Confident.
The defense is not at all dismayed
by the apparent confidence OF the
prosecution. Franks lawyers ridi-
cule the idea that the prosecution
has any evidence which is damaging
10 Frank. aside from the freely ad-
mitted fact that Frank was in the
factory at the time Mary Phag1n
came in TO draw her pay. They are
convinced Of Franks innocence. OF
this there Is no ioubt
They are as assured OF the acquit
tai and sweeping vindication Of Leo
Frank as though II already were an
accomplished fact. They say the so
called strong chain of circumstantial
evidence against their client appears
strong only when viewed through the
eyes of a person so preiudiced he can
rot see the possibility Of another hav-
ing been the criminal, and so mar
row that he works with the single
purpose Of convicting this particular
man.
Their attitude. in short, when the
case comes TO trial viii be expressed
much like this IF you are hasing
your case on circumstantial evidence.
we offer for the consideration Of this
Jury evidence much more damning
and conclusive against this negro
Conley-his train OF lies. his perjury,
his suspicious actions before and aft
er the crime, and a hundred and one
circumstances that point TO his guilt
with almost certain clearness."
They will contrast the drunken ne
gro. hiding and skulking in the fac
tory on the day OF the crime, and ly-
ing about his whereabouts for three
weeks afterward. with the conduct Of
Frank, who freely admitted he was at
the factory on certain hours, and who
has not been trapped in single mis-
statement since his arrest They will
show that the negro has lied and fall
sified even since he made his last az
fidavit upon which the prosecution
relies SO implicitly
lronelad Alibis.
They do not believe any jury can
hear the evidence and fail to be con
WINGED of the guilt of the negro, even
though the authorities have not seen
ut TO indict him, either for the ac-
tual murder or upon his confession
that he was an accessory after the
fact.
Neither do they believe. leaving the
negro out OF consideration as the
probable murderer of Mary Phagan,
III 81 NH.