Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-07-08


to permit the removal of Frank to
appear Wednesday as a witness IN
the habeas corpus hearing to free
Newt Lee
There is no law on earth to bring
Frank to court under an order as a
witness" said Arnold. Attorney Ros-
ser, chief Of counsel, was absent from
the city Tuesday.
Attorney c. J. Graham, of the firm
Of Graham & Campbell, went to the
home Of Judge w. D. Ellis Tuesday
afternoon to obtain the courts sigma
ture to an application for a writ of
habeas corpus in behalf of Newt Lee.
negro night Waterman in the Ma
tional Pencil Factory prior to the kill
ing OF Mary Phagan.
Judge Ellis said he would sign the
application and set Wednesday morn
ing at $3.50 O'Clock for a hearing on
the writ. The hearing will be held in
Judge Ellis court. Mr.. Graham an
nounced that he would ask subpenas
for Jim Conley and Leo NJ. Frank
Solicitor General Hugh NJ Dorsey
said Tuesday he was confident the
State would be able to defeat any at
tempt to get Newt Lee out of the
Tower. where he has been confined
since April q, first as a suspect in
the Mary Phagan murder case and
later as a material witness. He said
he had advised Lees attorney not to
take the action, as the negro was re-
garded as an important witness in
making n complete chain OF evidence
against Leo NJ. Frank
Defense's Attitude Secret.
The plan Of bringing Coniey and
Frank together may meet an insur-
mountable obstacle when II comes to
getting the permission of Franks at
torneys The law allows an indicted
man to testify or 10 refuse to testify.
Frank has been willing to appear as
a witness at any time, but he has
placed himself under the instructions
of his lawyers and the matter is en-
tirely in their hands.
Attorney Rosser is out of town, but
Reuben Arnold, associated with Mr..
Rosser in the defense, said Tuesday
that no thought had been taken of
the possibility that Frank would be
asked to appear in the habeas corpus
hearing, and that, therefore, he could
not say what the attitude of the de-
Tense would be.
The sentiment of the new Grand
Jury which Is said ia favor an in
vestigation into the Phagan mystery
with a view Of indiCting Conley, also
/ L. l. fs-
in that the defense VIII be called upon
to make known for tie first time the
| evidence which II has against Con-
| ley.
Rosser Guards His Evidence.
Luther H. Rosser. chief of counsel
| for the accused man, has stated pub
| liCly that he believes the negro, and
not Frank, guilty Of the terrible
| crime He has narrated a number OF
| suspicious circumstances that point
| to the guilt of Conley, but he has
carefully guarded the contents Of the
| scores Of affidavits in his possession
which are said to weave the strongest
| sort of a net about the negro.
II an effort is made by the Grand
Jury to indict Conley, Attorney Ros-
| ser, as well as members Of the de-
| tective department, probably will be
| asked to lay their evidence before the
| jurors for an impartial determination
| Of whether II is sufficient to warrant
/ the action.
| This will be the first time the de-
| Tense will have been led into any show
| Of its real strength. Every attorney
/ working in the interests Of Frank has
| closed his lips tightly when ques-
| toned as to the really vital pieces OF
evidence in the hands Of the defense
! II is regarded as likely, however
| that they win welcome this opportu
/ nity to assist In the indictment OF
| the negro, particularly as their evil
| dence win be given behind closed
/ doors and in the presence of mer
/ sworn to secrecy