Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-12
.LANF ORD AGREES
To LET CONLEY
FACE FRANK
Expected Grand Jury Will Be
Asked TO Hold Negro as Sus-
pect, Not Witness.
Continued From Page I.

10 confront Frank by the negro at any
time in the discretion Of the jurors
Rosser Suspects Copley.
Rosser's attitude toward Conley mas
been publicly expressed as one 81 sus-
picion II has been said that the at
torney for Frank is so certainly con
WINGED Of the guilt Of the negro that
ne will not be satisfied with Frank
acquital but viii so array the cvi-
dence in the case that no other con
clusion can be reached than that Con
ley was the man who attacked and
cruelty strangled the 14-year-old girl
TO death
These circumstances presage bit
ter skirmish over Conloy Friday
morning It's not. as it would appear
on its face a plan 10 Hberate the ne
gro entirely. II has resolved itself
into fight 20 determine whether
Conley shall be held at the police sta
ton, where the Solicitor and the de
teCtives wish him. or whether he shall
be taken back 20 the Tower, where
Attorney Rosser vigorously has as
serted he properly and legally should
be held as a material witness
II the Solicitor succeeds in obtain
ing the revocation OF the court order.
10 win mean simply that Conley will
continue 20 be held at the police sta
tiou under the agreement signcd by
himself and his attorney William NJ.
Smith BY which they consented 10
CoDley's Incarceration at police head
quarters until the trial Of Frank.
Tower Place for Conley.
II Mr. Durscys petition fails. Con
lev viii Doc taken to the Tower. as
Judge Roam has reached "a decision
that this il the only proper place to
hold him and that he was without
authority to commit the negro 20 the
police station IL he rs a suspect.
This viii be the first test Of
strength between the prosecution and
Franks able counsel n Mr.. Rosser
accepts his opportunity. In the eyes
of Attorney Rosser the question Is
of no small importance. lie has
questioned why u has been found
necessary TO scquestcr the negro at
the police station under the guard
and utelage OF the detectives before
whom hv made AN his ahdsvits. The
attorneys uttcrauCes convey no other
impression than that ne IS convinced
the negro has been and is being pet
ted" and that the detectives have
made no effort tu make COnley tell
still another story
Attorney Rosscr IN his open letter
to the public demanded that the me-
gro be taken from this influence and
placed In the Tower along with Newt
Lee, the other material witness In
the case. Nov that he has the op-
purtunity 20 make an open fight for
his contention In court lively scenes
are anticipated. Il b. hardly thought
that he win stop al showing why
Couley should be held as a material
witness.
Show conley Had Chance.
He viii go further and show that
Conley not only had the same op-
portunity to murder Mary Phagan as
that afforded Frank, but that every
incident at the factory on that fatal
day. as well as the negroes suisse
quent conflicting stories, points more
clearly and more certainly to his guilt
than 10 the guilt Of Frank. He will
insist for this reason, that 10 would
be the most egrcgious blunder TO let
Conley get out Of the custody Of the
state, even though he is sim held by
the police.
Solicitor Dorsey has given as a rea-
son for his action that Conley in
formed him that he tConley) had been
intimIdated at the Tower and prefer
red 90 stay az the police station. VII
liam M, Smith. attorney for Conley,
gave the same reason for desiring his
client at the station.
Sheriff Mangum has said In reply to