Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-11
PHAGAN CASE IS
ANALYZED BY
NAPIER
Letter by Lawyer Gives Legal
Facts as They Concern Leo NJ.
Frank and COnIey. :,
Continued From Page I.


believe Frank guilty And there is
little doubt that IL the two men had
been Imprisoned in 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
did not last however. The remark
able success Of the local press in ID
tanning and publishing every detail Of
the evidence Of the detectives enabled
the reading public to weigh the testi-
mony by pieCemeaL II is safe TO say
IN there lately have been many &C
cessions 10 those who from the first
hesitated 10 accept the theory Of
the guilt Of Frank, or Of the night
Waterman who found the body, upon
the sole basis Of their opportunity to
commit the crime, and with all the
circumstances going to negative mo-
tive 10 kill the young girl, especially
on the part Of the white man.
The zeal Of the secret service men
in trailing 20 cover criminals who ef-
feet getaways is to be commended,
but the work Of building a 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
ing. created a favorable impression on
the public mind.
Strengthened by Witnesses.
This was strengthened by the cor
roboration Of his statements as to the
time Of his movements by impartial
witnesses Of unquestioned veraCity.
The indictment of Frank by the
Grand Jury seems to have been seized
upon as the psychological opportunity
for the negro ConlCy 10 admit that he
wrote the notes found by the dead
girls body, and the comparison Of his
handwriting with that Of the notes
proves that fact beyond peradventure.
But the network Of lies in which Con-
lev has become cumcshed seems not
% have given the forces conducting
the prosecution any serious impress
sion as 20 his own guilt as the actual
murderer of Mary Phagan.
Two things. ~ seems 10 me would
DE sufficient to clear Frank Of the
crime. IN the absence of any proved
motive 10 commit II The first Is the
work done by him on his books az
the pencil factory on the afternoon Of
the killing and subsequent TO the time
for the occurrence Of the deed.
How Could He Have Done Work.
That man could go TO the delicate
aud intricate task Of spreading upon
account books the record and figures
of a weeks transactions of a factory
employing q large number Of hands.
and involving numerous financial
dealings and requiring four or more
hours Of steady work, and that he
could 30 this with his usual accuracy
and celebrity staggers belief.
The other fact is "a piece OF testi-
mony by the negro Conley himself
lie has made the statement that when
he was ASSISTING Frank In the dis
posal Of the dead girls body he no
ticcd the time clock In the factory
and saw tnat u lacked four minutes
Of O'Clock At that moment. he SAYS.
Miss Couinthia Han and Mrs Emma
Clark Freeman two employees, came
into the factory and Frank told him
20 hide IN a cupboard IN the office
But Miss Han and Mrs Freeman
testified that they were az the factory
one hour and eleven minutes earlier
than that. and that they left the fac
tory at II:45 and did not return that
day The conversation they had with
Mr.. Frank is the same that the negro
says he heard.
Discrepancy in Time.
The murdered girl reached the city
10y street car at 12:O4. This has been
definitely proved Sha reached the
factory and received her pay euvel-
opc at 1910 or 12:15. so far as is
known Thus the negro adds this 60
his many other admitted hes-and II
the girl was dead at the time he heard
Frank talking 20 Miss Hall and Mrs
Freeman. she was murdered before
she left her home
To one who is sufficiently interested
TO look over the scene Of the crime
several things worth noting VIII be
revealed. Coming down from the Of
fee In the pencil factory, a young
girl unprotected. might well glance
with nervous dread at the pile OF
large boxes under the stairway near
the elevator shaft In daytime the
corner under the staircase is IN semi
darkness II Is an ideal place for a
would be criminal 90 screen himself
If the girl LETT the factory after re-
cciving her pay and came down the
stairs. this dark corner was behind
her as she walked down the steps A
woman who testified. but whose name
do not now recall saw a negro Turk
ing In this corner. Couiey has adj
mitted that he sat for some time near
the elevator.
lie had the opportunity 10 spring