Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-13
CONLEY, FREED,
AGAIN JAILED
0N5USPICI0N
Dorsey Wins Over Rosser in Con-
test Over Negro Implicated
in Phagan Case,
Continued From Page T..

considered as a witness only, ne ought
10 be discharged and indeed be
should not have been imprisoned at
all But in such case 20 enact the
farce In the courts presence Of re-
leasing the negro and Immediately
return him to his wet nurses at the
police station would resemble chud's
play
Q. But if the Solicitor believes that
one Of a number Of contradictory
statements made by this negro may.
IL properly preserved. be made val
liable IN the prosecution of Frank
and that the negro may destroy its
value If left free to talk, and in order
20 stop his mouth it is necessary that
the detectives should keep him in
charge, then We think We have the
right 10 protest against any order ~
court Of justice that winks At such
purpose.
Release Not Considered.
g. We are constrained 10 the con-
rlusion that IL is not the purpose for
any reason 70 release this negro. but
10y obtaining the order here sought
continue the present Illegal coudnc-
ment
g. But Frank is himself deeply in
torested In this proceeding That
the consent Of the Solicitor and the
win Of the negro is all that is re-
quired 20 reverse the viii 81 the law
iE erroneous. Tu~ State has the
right iu the interest Of Justice 10 put
"a witness ia custody. but where in
custody and in whose custody is OF
the highest importance. The law
has given such custody 20 the Sheriff.
and wisely so. The Sheriff Is not a
prosecutor. the jail itself Is not usu-
ALLY "a place ~ punishment but a
temporary place of detention The
Sheriff is supposed 10 stand Impair
TALLY between the state and his pris-
unera and may be trusted 90 neither
rua1nir threaten nor suppress testl-
munE hy third degree methods The
law never meant 90 place "A witness
who FOR lack OF character needs con
iuerre1t under the control Of par
tisau prosecutor.
5. That the detectives should wish
SO keep Coulcy in custody and en-
tertain him az the city's expense IL
not at an surprising. They have AZ
ready extracted fT1m him eNtrava-
giant, unthinkahlr confessions. three
or four IN number. To these state
meutE they have given the widest
publicity and 20 the crsdibnity Of
tho Last one they hav" staked their
regulations ana hope OF place.
All Staked on Conley.
q a
e. this witness they have stakad thelr
I'll. They would be- Jess than human
n they did not bend sli their power
and ingenuity ln holding him 20 his
present statement. adding 90 and tax
ina thcrefrom only such things No
VII aid its rrolihiIlty.
Can any fHir-miudod man believe
fHa, l.HufOrd 10 fair man e. be tho
custodian II this ignorant negro?
What chance would he have 90 rFtrnct
aH! lies AF may have told. or n IN
repaH'anf mood aa should wish 20 toll
tle truthT Tlis negro iu the city
prison. ~ fine power Of Lanf0rd. apart
from al questions Of truth. would Do
just as dangerous ne InnfUrd would
wish him 90 be-. No one knows that
better thaa Lsnfurd and no one
would f0ci IL MS acufniy as viii this
negro.
How well Taaf8-d knows Il can 10
seen from his interview iu The Be0r-
Eian ~ June ~, In that interview no
demonstrated that be thinks he has
fun. unrestricted ownership ~ this
negro Dc FFaciously expresses his
willingness for this negro Co 60 before
the Grand Jury upon such terms as
he suggests, Neither the negro nor
IEe negroes iaaet IuT the Grand
Jury is considered. Nor was this