Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-14
TAKES
ADVAN TAGE
Of POINTS
KNOWN
Exposure of Evidence by Prison.
er's Lawyer Aids Prosecution in
Preparing for Battle,

With certain of the strong defenses
Of Leo NJ. Frank exposed by the pre-
liminary battle over the custody OF
the negro Tonley, the prosecution in
the Phagan murder mystery went to
work on the case Saturday with its
first definite idea Of the sort Of a
stronghold it must assault.
Il was assured that the accused
mans lawyers would not rest with
| fighting suspicion away from Frank.
but would seek to fasten the guilt so
firmly upon Conley that Frank not
! only would be acquitted. but that he
would be cleared Of every stain which
has been cast upon his name and rep
utation by the terrible charges lodged
against MIN.
Report was rife Saturday morning
that the attorneys for Frank had not
yet acknowledged defeat in their eff
forts 20 have Conley confined at the
Tower instead of at the police sta
ton, where they charge he is improp-
erly protected and "petted" by the de-
| tectlves. The next move was ru-
mored 20 be the swearing out of a
warrant charging the negro with the
murder to compel Conleys removal
TO the Tower.
Attacked by Rosser.
Luther 2. Rosser. chief Of counsel
for Frank, has branded as most un-
usual and irregular the procedure
which has allowed the negro. who has
confessed TO being accessory after the
fact, TO be left without an indictment
against him on the charge to which
he has virtually pleaded guilty.
! Rosser urged an impartial inves-
tigation into the possibility that he
is even more seriously connected with
the crime which resulted in the grew
some death Of Mary Phagan.
Chief Of Detectives Lanford said
Saturday when he was apprised OF
the contemplated move Of those who
wish 10 see the negro's stories inves-
! tigated by an impartial body that he
| assuredly would honor any warrant
which on its face appeared bona fde,
/ but that he would tight any effort TO
/ take Conley to the jail, which he sus-
pected had back Of it the animus OF
! persons unfriendly to the negro and
friendly TO Frank. Lanford asserted
/ that all Of his actions in the Phagan
mystery had been inspired by the de-
sire to get the guilty man, and that
# was his conviction that the negro
was only a tool after the actual crime.
Guarding Against Surprise.
| After the developments Of Friday,
it became evident that the prosecu-
ton, while It is busying itself in an
effort to place the crime on Frank,
must guard against the surprise OF
/ finding all Of a sudden that the de-
Tense has stolen a march and has in
the meantime shifted every tenable
suspicion directly upon the negro
| Conley.
Most Of the evidence must be cir
/ cumstantiaI Even the negro's sue
| cession Of contradictory afiidavits. il
any one Of them is to be accepted,
must be regarded as circumstantiaL
for N none Of them does he say that
he saw the killing Of the girl. She
I was dead, he ayers, when he first saw
the body. So the death might have
been quite accidental. even II every
word Of the negro's latest affidavit Il
/ to be believed.
From the fact that the evidence is
so purely clrcumstantial and that
| it is a matter Of grave doubt whether
any Of the negro's statements can be
accepted as having any element Of
truth. the defense Will maintain. il
/ became evident from its attitude Fri
day. that the evidence points far
more certainly and positively toward
ConIey as the murderer than toward
Frank.
Absolutely nothing of a suspicious
nature has been brought against
Frank. the defense will assert, ex-
cept that he had the opportunity. On
the other hand. a score Of suspicious
circumstances will be brought against
the negro.
The work OF the prosecution from
this time on viii be the adding OF
conhrmatory evidence to the negro's
stories. The detectives have pro-
fessed 10 have a great amount OF
evidence bearing out Conley's state