Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-13
NEGROFREED
but JAILED
AGAIN On
SUSPICION
Rosser Declares 'Gibbering State
ments' Point Out Sweeper as
Guilty of Staying,

James Conley, confessed Access
sorry after the fact in the murder of
Mary Phagan, Friday was discharged
by Judge L. 5. Roam entirely from the
custody of the State on the petition
of Solicitor Dorsey.
Technically free, Conley was at
once rearrested and held by the po-
lice on suspicion in the muir
der mystery. The action of Judge
Roam constituted a victory for Solicit
tor Dorsey, who was fighting to pre-
vent the authorities returning Conley
10 the Tower from which he had been
taken on the representation Of his at
torney, William NJ Smith, that the
negro was threatened and intimidated
in the Tower.
Luther 2. Rosser, attorney for Leo
Frank. made a bitter protest against
the liberation Of the negro. which, IN
the opinion Of Judge Roam, was the
only legal alternative Of returning
him to the county Jail. He made a
still stronger protest in a formal writ
ten statement placed on file as a rec
ord in the case.
Accuses ConIey as Slayer.
In this he charged that the negro's
series Of "gibbering and incoherent
statements" together with the attend
ant circumstances of the crime and
Conley's subsequent actions. pointed
to him as guilty Of the murder be-
yond any reasonable doubt.
Less than ten minutes was occupied
in the disposal of the case. Judge
Roam did not read either the state
ment of Attorney Rosser or that of
Attorney Smith, who submitted the
reasons he wished his client kept at
the police station. The dispatch with
which the petition was acceded to was
a complete surprise. A protracted
and hard fought legal battle had been
expected.
Judge Roam said he was without au-
thority to hold the negro in the Gus
tody of the State so long as he had
no formal application from either side.
The Solicitor. he said, was asking for
the release of the prisoner and At
torney Rosser had characterized his
statement only as a Suggestion.
Smiths Charges.
Attorney Smiths statement to the
court charged intimidation, and that
influences unfriendly 10 Conley and
friendly to Frank were at the back Of
the movement to transfer Conley back
to the jail He alleged that neither
the interests Of justice nor the inter-
ests of Conley could be safeguarded
by removing Conley from the police
station.
Sheriff Mangum branded as an in
famous lie the charge that the inter
ests Of Conley could not be safe
guarded in the county jail, and had
not been safeguarded. The only per-
son involved in the charge Of intimi-
dating and threatening Conley char
acterized the accusation as absurd and
grossly and wilfully exaggerated. He
was present 10 testify at the hearing.
but was not called.
The formality Of releasing and re-
arresting Conley took place in front
Of the police station. The negro was
brought TO the sidewalk, where he had
his freedom for about a second and
was then again taken into custody.
Text of the Petition.
Mr. ROsser's paper was headed:
Application Of Hugh N. Dorsey, So
Hcitor General, to release James
Conley from Legal Custody.
In answer TO the petition and order
in the above stated cause, served up
on us, as attorneys for Leo Frank.
" herewith answer and show cause
as follows:
I. II the intention Of the Solicitor
General is TO discharge this negro
from custody because tal he is in
fact not "a material witness against
Frank, or Ib) although he is a ma
terial witness, his integrity and
character are such that ne ought
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