Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-07-06
Frank Expects Freedom by Break
ing Down ACcuser's Testimony,
and State Conviction by Es-
tabIishing Truth of Statements,
BY AN OLD POLICE REPORTER,

] itt btN'ltIIhtHtH III 1ilt hASoi
case have been of late highly sig
fcant and interesting.
During the past week, it became
/ evident that the very heart and
soul OF both tho prosecution and
/ the defense is TO center largely
| about the negro. James Conley.
He is at once apparently the hope
and the despair Of both sides to
the contest
This circumstance, however,
while tending to add much TO the
dramatic and the uncertain, in so
far as the outcome is concerned, is
not by any means an unusual thing
in cases Of this kind.
II frequently happens in mystic
rious murder cases that both the
State and the defense must pin their
faith TO one and the same Wit
ness.
OF late there has been some talk
OF the Grand Jury indicting Con-
ley, even over the Solicitor Cen
erals head, which, of course. 1t
would have perfect right to do.
The thought occurred to me some
time ago that the case might take
that direction, but in the article
In which that point was discussed,
/ mentioned IL incidentally, rather
than as a likely thing.
Indictment may Mean Much.
II seems, nevertheless, that the
idea Of indicting Conley has had,
and still may have. much more be-
hind it than some people have been
willing TO admit and that phase Of
the situation has csused me to
speculate somewhat in detail to-
day as to how and why COnley
might be indicted.
| find that those who are urging
IL have much more to stand upon
than would seem probable at first
blush.
Two things are evident:
First, the defense will attack
conley vigorously.
Second, the character Of Leo
Frank will be put il. issue by the
defense, fearlessiy and frankly
These two things, l take 1t, will
constitute the defense's primary
CHALLENGE to the prosecution!
And II ! be right about that, the
issue will he thrilling and dramatic
enough to satisfy the cravings of
the most exacting, when the case
comes on for trial later along this
month.
About these two points Of dis
agreement, Hugh Dorsey and Frank
Hooper on the one hand, and Luth-
er Rosser and Reuben Arnold, on
the other, viii be on their mettle--
and If the fur and likewise the fire
doesn't fly, l mistake my guess at
this writing!
Leo Frank has been Indicted for
the murder OF Mary Phagan, and
| for reasons presumably satisfactory
| TO the Grand Jury.
Points Against Conley.
Let's examine the points upon
| which the defense win indiCt Con-
ley. II the Grand Jury fails to beat
/ the defense to (which yet is
problematical
The defense viii contend:
1) That Conley wrote Of his own
notion the notes found beside the
dead girls body.
~ That the negro told of Incl
| dents and conversations which took
place admittedly in the pencil fac
/ tory an hour or more before he
swears he went there.
(3) That the negro admits he
was drinking and broke" when he
| went to tho factory Saturday morn
]
the afternoon about the amount of
money Mary PhRgan is supposed to
/ have had in her little mesh bag
when she started out Of the fac
tory.
~ That tho negro admits he was
| in hiding or loaflng near the open
elevator shaft, at the foot of the
steps Mary phagan must have used
as she came down to go out OF the
factory.
~ That at the inquest Frank
said he thought he had heard voices
outside his office, very soon after
Mary Phaqan started down the
stairs. and that the voices he
thought he heard which might have
been voices Of Mary Phagan and
the negro, Just as the negro attack
ed the girl.
(6l That the negro said the body
of Mary Phagan was carried down
the elevator shaft, and yet two wit
nesses stand ready to swear, and
have sworn, that the elevator did
not run on the fatal Saturday at
all.
~ That, while the negro ac-
counts after a fashion for the girls
shoe and hat thrown onto a trash
pile, no fails to account for the in
eliminating parasol found at the
| foot of the elevator shaft, whore il
might have been thrown with Mary
Phagan's body from above.
(8) That the negro says Frank
called him at 1886, notwithstand-
| ing the fact that Frank was talk
ing to Mr. and Mrs. White at I
o'clock, and imnedi stely thereafter
LEFT the factory, reaching home
about 1:20. That, therefore, Frank
could not have done the things Con-
! ley accuses him OF having done, for
sheer lack of time. If nothing else.
(s) That the negro did not flee,
| IL guilty himself, because the police
| promptly accused in turn Newt Lee,
/ CAN'T, Mullinix and Frank as sus-
| poets, not once mentioning Conley;
and, besides, no one knew at the
/ time these suspects were proclaim
/ ed that Conley had even been in
| the pencil factory Saturday morn
! ing.
I1o) That conIey was caught
| washing his shirt, which might
| have been blood stained, very soon
after Mary Phasan's murder was
| effected. and that he said at the
| time he was worried over some
! thing not stated.
40 That the negroes statements
| have been ineonsi stent and con-
flicting, both those under oath and
those not under oath, ana that he
has admitted having sworn falsely
more than once.
(12) That the negro's defense of