Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-25
'RAVEN0US MOB
ARNOLD CALLS
TRIAL CROWD
Continued From Page I.


bid to those who hate respectability
and honor and who are envious of
success to come and appear as wit
nesses.
MIR. Arnold made a thorough review
of every phase of the mystery, enter
ing into the merits of the testimony
Of the various witnesses with almost
the same detail as at the trial He
scoffed 1t the idea that the murderer
could be any other than Conley and
marshalled the facts of the case in
Imposing array to support his con-
tention.
Calls BIoodspots Fakes.
He declared that the so-called
blood spots on the second floor, which
were used to help out the States
theory that Mary Phagan was killed
on that floor by Frank, " ere a fraud
and fake. Three of the spots, he
said. had been found by the States
own witness. an expert chemist, not
to be of blood, and the fourth had
four or five corpuscles which might
have been caused by an eightieth part
of an ordinary drop of blod, and
might have been made three or four
years before.
Solicitor Dorsey was to follow Ar
mold. Attorney Rosser will close for
the defense. 1t is unlikely that the
hearing will conclude before Monday
afternoon.
That a change of venue, will be de-
manded in the event a new trial is
granted was made evident by Attor-
ney Arnold's comment that no harm
could result from a new trial where
the surroundings are better and
where the chance to get justice IS
better"
Returning TO the theme of mob
spirit" which he discussed at length
Friday, Attorney Arnold said:
Men came to that trial with their
minds poisoned. Had this trial come
up IS a new proposition and had the
jurors and spectators come with open
minds, i doubt if much time would
have been taken in finding a verdict
of not guilt,
"Whole Case Hinges on Conley."
"The whole case stands or falls on
Conley's story The negro declared
that Frank asked him on Friday to
come and watch for him on Saturday.
But there was no evidence that he
knew Mary Phagan was coming tor
her pay Saturday. 1t was more nat
ural to suppose that she would come
Monday. And there is no evidence
that Frank had an appointment with
Conley's story of being asked to come
and watch for Frank on Saturday,
when - a matter Of fact he was plan
ming to go to the ball game. was the
fiimsiest fabrication. Conley tried TO
make us believe he had an appoint
ment to watch for Frank when there
was no one to watch for.
After telling one story in which
he denied being at the factory on Sat
urday, Conley was finally brought
around to admit ne was there. He
had feared being known as being al
| the factory on the day OF the crime
| because he knew he would be charged
with the murder, but the impossible
ties of his tale led the detectives 20
| change It for him.
Conley as Waterman.
But let us see what kind OF
Waterman he was. He sat there at
| the foot of the stairs and says ne
saw this little girl, Mary Phagan,
go upstairs. And then, il ! recall the
| testimony, he heard a girls scream.
He must have known something was
wrong. Yet, when Monteen Slower
came, he let her o right upstairs. A
| fine Waterman he was! OF course,
he never was on watch. If he ha
| been, he never would have let the
| Slower girl 60 to the second floor. 1t
| was a monstrous and orotesque lie!
We've established beyond doubt
| that Mary Phagan could not have ar
rived at the factory before 1910 or
| 12: IL IL. The physical facts show
| that Leo Frank could not have COM
mitted the crime.
| Did you ever see such an assault
upon the facts of the case as was
made by the State. They did not con-
| Hr{O hn+
what may have been the facts. Their
whole case falls to the ground If
Mary Phagan got in town between
| 1907 and 1910"
Judge Roam interrupted at this
point 20 ask why the case would fall.
I'll tell you why, your honor" re-
| torted Arnold. 1T is because their
star witness, Jim Conley, testified
| that Mary Phagan went into the fac
| tory before Monteen Slower, AND
| Monteen Slower entered the factory
at IL: 05. She looked a the clock. She
| stayed there until 1910. But before
all this, according to Conley, Mary
Phagan had come in and had been
there quite while. She had gone
into Franks office. She and Frank,
Conley says, had gone back to the
| metal room. Then Conley testified
that he heard a scream. All this oc-
CURED. by the States theory, before
Monteen Slower entered at 1905. Yet
the States own witness, George
Epps, declared that he rode to town
with Mary Phagan and that they
didn't get off the street car until
1907. l don't know whether Epps
ever rode with the Phagan girl thGs
day, but. granted that he did, for his
testimony as to time is corroborated
by the defenses witnesses, the motor
man and conductor of the car. Mary
couldn't have arrived at the factory
before l2:l0 or PIP. BY tbs time
Monteen Slower had come and gone,
and the States case falls"
Says Negro Composed Notes.
Attorney Arnold took up one by
one other important points in the
trial and asserted he had demon
strated that he had established that
ii would have been impossible for
Frank to have killed Mary Phagan
at the time the State held the muir
der took place and that he also had
established that Frank had left the
fctory long before the moving of the
body could have been completed as
described by ConleN.
Judge Roam again interrupted At
torney Arnold to ask him to take up
the matter of the notes found BY the
body of the dead Mary Phagan.