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

case have been Of late highly sig
fcant and Interesting.
During the past week, 1t became
evident that the very heart and
soul Of both the 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 circums lance however,
while tending to ado much TO the
dramatic and the uncertain, In 80
far as the outcome is concerned, is
not by any means an unusual thing
in cases OF this kind.
It 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 indictinR Con-
ley, oven 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,
I mentioned It 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
It 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 H. issue by the
defense, fearlessty and frankiyl
These two things, I take II, will
constitute the defense's primary
CHALLENGE to the prosecution
And II l 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 II the fur and likewise the fire
doesn't fly I mistake my guess at
this writing!
Leo Frank has been indicted for
the murder of Mary Phagan, and
IL. o.,
to the Grand Jury
Points Against Conley.
Let's examine the points upon
which the defense will indict Con-
ley, If the Grand Jury fails to beat
the defense TO (which yet is
problematical.
The defense will contend:
% That ConIey 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
swoars he went there.
(3) That the negro admits he
was drinking and "broI<e" whom he
went to tho factory Saturday morn
ing, and Is known to have spent in
tho afternoon about tho amount of
money Mary Phassn is supposed to
have had in her little mesh bag
when she started out Of the fac
tory.
az That the negro admits he was
in hiding or loafing 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.
(5) That at the inquest Frank
said he thought he had heard voices
outside his office, very soon after
Mary Phagan started down the
stairs, and that tho voices he
thought he heard which might have
been voices of Mary Phagan and
the negro, just as the negro attack
ed the girl.
10y 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.
N That, while the negro ae-
counts after a fashion for the girls
shoe and hat thrown onto a trash
pile, no fails to account for the in
foot Of the elevator shaft, where il
might have been thrown with Mary
Phsgan's body from above.
(S) That tho negro says Frank
called him at 1886, notwithstand-
ing the fact that Frank was talk
ing to Mr.. and Mrs. White at
o'clock, and Immediately thereafter
left the factory, reaching home
about 1:2o. That, therefore, Frank
could not have done the things Con-
ley accuses him of having done, for
sheer lack of time, If nothing else.
(9) 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.
Itol That ConIey was caught
washing his shirt, which might
have been blood stained, very soon
after Mary Phagan's murder was
effected, and that he said at the
time he was worried over some
thing not stated.
Gh That the negro's statements
have been ineonsi stent and con-
flcting, both those under oath and
those not under oath, and that he
has admitted having sworn falsely
more than once.
(t2) That the neero's defense of