Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-13
CONLEY, FREED,
AGAIN JAILED
ON SUSPICION
Dorsey Wins Over Rosser in Con-
test Over Negro Implicated
in Phagan Case.



all. But in such case to enact the
farce in the courts presence of re-
leasing the negro and Immediately
return him to his wet nurses at the
police station would resemble child's
play.
.. But il the Solicitor believes that
one OF a number Of contradictory
statements made by this negro may,
If properly preserved. be made val
liable in the prosecution of Frank
and that the negro may destroy its
value If left free to talk, and in order
10 stop his mouth it is necessary that
the detectives should keep him in
charge. then we think we have the
right 10 protest against any order Of
a court Of justice that winks at such
a purpose.
Release Not Considered.
g. We are constrained TO the con-
clusion that II is not the purpose for
any reason TO release this negro, but,
by obtaining the order here sought,
continue the present illegal ccnfine-
ment
4 But Frank is himself deeply in
terested in this proceeding That
the consent Of the Solicitor and the
will Of the negro is all that is re-
CURED 10 reverse the will Of the law
IS erroneous. THr State has the
right in the interest OF justice to put
a witness in custody, but where in
custody and in whose custody is Of
the highest Importance The law
has given such custody to the Sheriff
and wisely so. The Sheriff Is not a
prosecutor. the jail itself is not usu-
ally a place Of punishment but a
temporary place Of detention. The
Sheriff is supposed to stand Impair
TALLY between the State and his pris-
oucrs, and may be trusted To neither
coaiole, threaten nor suppress testi-
mouy 10y third degree methods. The
law never meant 10 place a witness
who for lack OF character needs con-
nnement under the control Of a par
usau prosecutor.
5. That the detectives should wish
90 keep tOnley In custody and en-
tertaiu him at the city's expense is
not az all surprising They have al
ready extracted from him extrava-
CANT. unthinkahle confessions, three
or four in number To these state
ments they have given the widest
publicity. and 10 the credibility OF
the last one they have staked their
regulations and hope OF place.
All Staked on Conlsy.
8. Upon the consistency and stability
Of this witness they have staked their
all. They would be less than human
II they did not bend all their power
and ingenuity in holding him TO his
present statement adding to and tax
ing therefrom only such things as
will aid its credibility.
Can any fair minded man believe
that LanfOrd is a fair man to be the
custodian Of this ignorant negro?
What chance would he have TO retraCt
any lies he may have told or II in a
repentant mood he should wish to tell
the truth This negro in the city
prison. in the power Of Lanford, apart
from all questions of truth, would he
Just as dangerous Is Lanford would
wish him TO be No one knows that
better than Lanford. and no one
would feel 1t as acutely as win this
negro.
How well Lanford knows II can be
seen from his interview in The Geor-
gian Of June -. In that interview he
demonstrated that he thinks he has
fun, unrestricted ownership Of this
negro. He graciously expresses his
willingness for this negro to 90 before
the Grand Jury upon such terms as
ne suggests. Neither the negro nor
the neRrO'S lawyer nor the Grand
Jury Is considered. Nor was this
court TO be consulted-his VIII and
not the order Of this court was 70
determine when and under what cir
gumstances the negro should leave
the police station.
Lanford's Power Questioned.
II Lanford vaunts in the face Of
jury and court his power over this
negro. what must be his bearing when
he deals privately with the negro
himself What chance has he TO alb
sfraCt a lie or add a truth 20 the
foolish statement which Lanford ap-
proves and wishes 20 maintain II
this man viii, when he is holding this
negro under your honor's order, de-
clare such ownership syer this negro 3
person and movements to what
length would he go IL the court re-
leases its power over him and turns
him over 70 Lanford's unrestricted
pOwer2
g. IL is just to Frank. as well as in
the interest Of public justice. that this
negro should be detained by unbiased
fair men. whose regulations and po-
siti0ns are not al stake.
The law recognizes this right and
WILL there be less fairness and less
deCeuCy in the county Jail than in the
police station When did LanfOrd
become a wiser. fairer. better man
than the Sheriff Of this county
T. Apart from this negro's position
as witness. his detention I'm the Gus
toGy Of the detectives would be a
public calamity. Many unbiased peo-
PIE believe This negro Is the murderer
OF Little Mary Phagau. The facts OF
TIE case, apart from his own confes-
sion point most strongly 10 him as
the guilty man.
Evidence Against Negro.
tal ON the Gay Of the murder he
was drunk and concealed himself in
q u0sirior where he could readily
commit the murder
tbl on Monday morning he was
unGuly excited, SO much so as 10
grouse the suspicious Of the en-
plyyees. on Saturday night after tho
murder he was caught hiding in his
own house
Jcj When the police were in the
building he was caught hiding in an
OBSCURE part Of the factory. where he
had no business
lEs When questioned about this
conduct he said he would give 4
large sun % be a white man. When
asked why he said he could then get