Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-07-13
Old Police Reporter Declares True
Bill Against Negro Might Alter
Entire Frank Prosecution.
RULES OF EVIDENCE CITED
Mincey Affidavit May Have In
portant Bearing on Defense Of
Pencil Factory Manager.
BY An Old Police Reporter.

Grand Jury may indict James
Conley for the murder Of Mary
Phagan.
This is interesting, for If the
Grand Jury should indict COnlcy
10 would set up a situation imme-
diately possible of most decided re
suits.
Frank already has been Indict-
ed, for reasons presumably sufi-
Cient 10 the Grand Jury then acting
upon his case
Would the present Grand Jury
he justified in proceeding 20 the in
dictmeut Of Conley notwithstaud-
ing the former Frank Indictment
Unquestionably II would. If the
circumstances of the case war
rauted it-iudecd. there are many
who Will think il should proceed 10
that If in that way justice seem
ed more likely TO be established.
In getting a point Of view in this
matter ! have found IL necessary
10 go back to the beginning, and TO
ask myself this:
Would the Grand Jury, in posses
sion of all the present facts and
circumstances pointing toward
either Conley or Frank as the gull
~ man have indicted Frank or
Conley, as a primary proposition?
Much Room for Speculation.
Readers who look upon this
strange Phagan case largely as an
abstract proposition viii find much
10 speculate upon If they will shape
their theorizing in that direction
retrospcCtiyely, as ] have done
Last Sunday ! set forth eigh-
teen circumstances tending, in my
mind TO set forth the defense's like
ly attitude in suspicion OF Con
ley.
He is admittedly an accessory
after the fact of the murder. Shall
he be held to be a principal 20 it?
That's pretty puzzle-and II Is
not surprising that the Grand Jury
Is asking itself seriously which
way IL shall be answered.
Undoubtedly suspicion points to-
ward Conley from many directions,
Suspicion, however also points
toward Frank.
Last Sunday I listed the sus-
picious circumstances in the case
of Conley, and commented upon
them, from the viewpoint of the de-
Tense.
What. then, are the suspicious
circumstances against Frank?
They are three I'm number.
% Frank was in the factory at a
time when the crime might have
been committed.
~ Frank let Newt Lee off for
the afternoon of Saturday, April
&c, which was contrary to his usual
custom.
49, Frank telephoned to the fac
tory late Saturday afternoon, to in
quire of Lee whether things were
all right there, which also was con-
trary 10 his usual custom.
Are there any other really sus-
piCious circumstances against
Frank?
If so, a diligent search Of the
newspaper files fails to reveal them
do not know what if anything,
by way of CirCumstantial evidence
against Frank may be held in re-
serve OF Couleys statement /
write further along.
The first suspicious clrcum-
stance against Frank seems to be
admitted
Day Was Legal Holiday.
The second is Nplalned-though
this explanation is not necessarily
ConClusive--that Saturday April
20. was "a legal holiday, and that all
employees had been excused. That
Lee should have been excused then
was not, therefore, extraordinary.
The third suspicious Circum-
stance the defense accounts for by
the fact that just before Frank left
for home Saturday afternoon for
mer employee of the factory, dis
charged in unpleasant circum-
stances was In the factory, ostpn-
slbly 10 look up pair of shoes, and
mat the Frank telephone message
was sent TO ascertain If he had de-
parted, and things remained all
right
street rumor had ii for time
that Frank. Immediately upon hear
ing Of the killing Of Mary Phagan,
employed lawyer and began 20
frame defense, also that ne en-
ployed a Plnkcrtou man TO direct
suspicion away from himself
The undisputed facts, as revealed
in a study Of the newspaper files.
however, show that Frank had no
lawyer until Monday afternoon. aft
er be had been detained" at police
headquarters ana that then his
lawyer was sent to him rather than
that he sent for his lawyer.
Frank was apprisgG of the killing
Of Mary Phagan early SUNDAY
morning He accompanied The no
lice 10 the pencil, factory al once
answering am questions PROFOUND