Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-12
6. NJ. NAPIER
ANAL. YES
PHAGAN
CASE
In a Brilliant Letter He Arrays
Facts as They Affect Leo N,
Frank and COnIey,

The Georgian publishes the follow
ing letter written by George NJ. Ma
pier the wcllknown lawyer on the
Phagan case, as it gives for the first
time a legal analysis Of the case for
and against Frank
To the Editor Of The Georgian:
This section Of our country has
held very few criminal cases so pro-
foundly interesting as the Phagan
case Indeed. it is questionable wheth-
[ or the entire South has ever had
enacted within il "a crime which has
created such intense and widespread
/ interest
/ Personally, ] have no concern in the
case, save as citizen Of the state,
( desiring that the guilty party or par
ties may receive condign punishment
Profoundly Interested.
As "a lawyer being interested more
intimately perhaps than those not Of
/ that profession certain aspects Of the
/ case the procedure taken in the eff
forts Of those Immediately charged
with ferrcting out the facts Of the
|crime. and the varied and swiftly
/ changing developments in connection
with it find these to be Of profound
/ interest.
/ one thing has been made evident:
. The people generally are disposed to
ascribe guilt TO one who has the op-
portuuity 10 commit crime. This was
shown by the widely con-
clusion that Leo Frank and Newt Lee,
colored, were guilty Of the murder Of
the rhagan girl, as soon as it became
/ known that they had been at the PEN
/ Gil factory on the day Of the homi-
eide.
This conclusion was fixed in the
minds Of many by reason Of the evi-
dent inclination of the detectives to
believe Frank guilty And there is
F little doubt that if the two men had
/ been imprisoned i'm an unprotected
town Jail they would have been lynch
ed while suspicion and excitement
were at their height
Praises Newspaper.
This mental state Of the community
/ aid not last. however. The remark
able success Of the local press in OBJ
tanning and publishing every detail Of
/ the evidence of the detectives enabled
the reading public TO weigh the testi-
mony by piecemoal 1t is safe to say
. th- E there lately have been many ac-
cessipus To those who from the first
hesitated To accept the theory Of
the guilt Of Frank. or Of the night
Waterman who found the body upon
the sole basis Of their opportunity 70
commit the crime and with all the
circumstances going to negative mo-
tive 20 XIII the young girl. especially
on the part Of the white man.
/ The zeal of the secret service men
{ in trailing TO cover criminals who eff
/ feet getaways is to be commended,
but the work Of building successful
prosecution upon a mere case Of sus-
picion will in many instances. fail
+ The testimony of Frank before the
. Coroner's jury. in which he gave. with
conspicuous consistency and open
ness. an account of his actions and
whereabouts on the day of the kill
ms created a favorable impression on
the public mind
Strengthened by Witnesses.
This was strengthened By the cor
rohuratiou Of his statements as to the
time az his movements by impartial
witnesses Of unquestioned veracity.
THE indictment of Frank by the
Gu-a Jury seems TO have been seized
upon as the psychological opportunity
. for tire neera Co1Iey 10 admit that he
wrote rra notes found by the dead
sI.'- body and the comparison Of his
handwriting with tina, of the notes
proves -r.t fact beyond peradventure.
Bu. the network OF lies in which Con-
lev has become elmesaed seems NOS
o, have sfyan tho forces Eonduetips