Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-07-06
Frank Expects Freedom by Break
ing Down Accuser's Testimony,
and State a Conviction by Es-
tabIishing Truth of Statements,
BY AN OLD POLICE REPORTER

]
/ The developments in the Phagan
case have been Of late highly sig
! fcant and Interesting
During the past week, it became
evident that the very heart and
/ soul of both the prosecution and
| the defense is to center largely
about the negro James COnley.
He is at once apparently the hope
and the despair Of both sides to
the contest!
This circumstance, however,
while tending to ada much TO the
dramatic and the uncertain, I'm so
far as the outcome is concerned, is
not by any means an unusual thing
in cases Of this kind.
II frequently happens in mystic
rious murder cases that both the
State and the defense must pin their
faith to one and the same wit
ness
OF late there has been some talk
OF the Grand Jury indicting Con-
ley, even over the Solicitor Gen
erals head which, of course. It
would have a perfect right to do.
The thought occurred to me some
time ago that the case might take
AAhaAA NAA''A ADlli bhA IL INV al AARAt
in which that point was discussed,
| mentioned 1t incidentally, rather
than as a likely thing.
Indictment may Mean Much.
II seems. nevertheless. that the
idea OF indicting Conley has had,
and still may have. much more be-
hind il than some people have been
willing to admit and that phase of
the situation has Csused me to
speculate somewhat in detail to-
day as 10 how and why COnley
might be indicted.
| find that those who are urging
it have much more to stand upon
than would seem probable at first
blush.
Two things are evident:
First, the defense will attack
Conley vigorously.
Second, the character OF Leo
Frank will be put II. issue by the
defense, fearlessiy and frankly
These two things, | take 1t, will
constitute the defense's primary
CHALLENGE to the prosecution!
And II ! be right about that, the
issue win be thrilling and dramatic
enough to satisfy the cravings OF
the most eXaCting, when the case
comes on for trial later along this
month.
About these two points Of dis
agreement, Hugh Dorsey and Frank
Hooper, on the one hand. and Buth-
er Rosser and Reuben Arnold, on
the other viii be on their mettle-
and n the fur and likewise the fire
doesn't fly, | mistake my guess at
this writing,
Leo Frank has been indicted for
the murder of Mary Phagan, and
for reasons presumably satisfactory
to the Grand Jury.
Points Against Conley.
Let's examine the points upon
which the defense viii indict Con
ley, If the Grand Jury fails to beat
the defense to (which yet is
problematiCal
The defense will contend:
% That Conley wrote of his own
notion the notes found beside the
dead girls body.
~ That the negro told of Incl
dents and conversations which took
place admittedly in the pencil fac
tory an hour or more before he
swears he went there.
(3) That the negro admits he
was drinking and broke" when he
went to the factory Saturday morn
ing, and is known to have spent in
the afternoon about the amount of
money Mary Phagan is supposed to
have had in her little mesh bag
when she started out of the fac
tory,
az That the negro admits he was
in hiding or loafng near the open
elevator shaft, at the foot of the
steps Mary Phaean must have used
as she came down to go out Of the
factory.
81 That at the inquest Frank
said he thought he had heard voices
outside his office, very soon after
| Mary Phaqan started down the
stairs. and that the voices he
| thought he heard which might have
been voices of Mary Phagan and
the negro, Just as the negro attack
ed the girl.
(6) That the negro said the body
of Mary Phagan was carried down
the elevator shaft, and yet two wit
nesses stand ready to swear, and
have sworn, that the elevator did
not run on the fatal Saturday at
all.
C0 That. while the negro ae-
counts after fashion for the girls
shoe and hat thrown onto a trash
pile, he fails TO account for the in
eliminating parasol found at the
foot of the elevator shaft, where Il
might have been thrown with Mary
Phagan's body from above.
(S) That the negro says Frank
called him at 1856, notwithstand-
ing the fact that Frank was talk
ing to Mr. and Mrs. White at
o'clock, and immed ately thereafter
left the factory, reaching home
about 1:2O. That, therefore, Frank
could not have done the things Con-
ley accuses him OF having done, for
sheer lack of time, if nothing else.
~ That the negro did not flee,
il guilty himself, because the police
promptly accused in turn Newt Lee,
CAN'T, Mullinix and Frank as sus-
poets, not once mentioning Conley;
and, besides, no one knew at the
time these suspects were proclaim
ed that Conley had even been in
the pencil factory Saturday morn
ing.
(1ol That Conley was caught
washing his shirt, which MIGHT
have been blood stained, very soon
after Mary Phagan's murder was
effected, and that he said at the
time he was worried over some
thing not stated.
t1b That the negroes statements
have been inconsistent and con-
fliotng, both those under oath and
those not under oath, ana that he
has admitted having sworn falsely
mora than opca