Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-03-27

stood because she was not allowed to
tell In her own way the circumstances
of Frank entering the dressing room.
She declares that the girls were not
undressed and that Frank never
eyineed any improper motives or in
tentions In looking after the girls.
Charges that she was prompted and
coached by the Solicitor are contained
in the affidavit Of Miss Marie Karst,
whose statements are made the elev-
enth ground for new lrial.
She asserts that the Solicitor di-
rected her to say on the stand that
Franks character was bad, and that
later. when she wasaasked as q wit
ness II the defendent's character for
lasciviousness was good or Dad, she
answered bad" In the facesof the fact
that She did not know the meaning OF
the word iasclvIousness-it never
having been explained to her at that
time.
She swears that since she has
learned the meaning Of the word she
can deny that, so far as her knowlT
edge xtends, Franks character or
reputation is bad,
Two New Alih Witnesses.
Samuel A. Pardee and w. V. Green,
two OF the new alibi witnesses, de-
clare that they were at the local store
of the Cotton States Betting and Sup
ply Company, at No. ? North Broad
street, during the morning of April
20 and up to / o'clock In the after
noon. Pardee PROCESSES to know
Frank we'll by sight.
They left the store at ] o'clock, ac-
cording to their story. and walked TO
Jacobs Pharmacy, at Whitehall and
Alabama streets, arriving there oe-
tween 1903 and 1908 o'clock. Pardee
declares that he saw Frank leaning
against the power pole of the Georgia
Railway and Power Company; that
he recalls Frank had a paper in his
hand that he (Pardee) waved his
hand, and that Frank replied by waY-
ing the paper
The defense holds that this evil
dence. which supports that of Miss
Helen Kern at the trial, is supremacy
important in that 1t completely up
sets the contentious of the State,
whose Solicitor sought to establish
that Mary Phagan was killed by
Frank between 1906 and II: 80 the
afternoon of April 26 and that be-
tween 1886 and 1880 Frank, assisted
by Conley. moved the dead body from
the second flor down TO the basement.
The Solicitor sought 10 show by Con-
ley, the motion sets forth, that Frank
was In the factory the entire time
from 1886 TO 1880 o'clock assisting
Conley in the disposal Of the body,
when such was not the case.
Negress Saw Coniey.
Mary Rich, the negro woman who
sold lunches at the factory. says In
her affidavit which is embodied in
ground thirteen Of the motion. that
she knows Jim Conley and that at
about 2:15 the afternoon Of the muir
der he came from the alley at the rear
of the factory and bought a 20-cent
dinner from her.
She says that after buying the din
ner he carried II In his hand and went
back to the alley in the direction of
the Pencil Factory and that she saw
no more Of him that day.
The affidavit OF Mrs. J. B, Simmons,
previously made public by the de-
Tense. relates that the affiant heard
screams coming from the Pencil Fac
tory basement between 220 and $3.50,
This. In conjunction with the Rich
affidavit, is represented as refuting
the States theory that Mary Phagan
was killed by Frank on the second
floor at 1905 or near that time.
Instead. the defense claims the evil
dence shows that she was killed in
the basement by Conley some time
after O'Clock.
Dalton Also Repudiates.
Burtus Dalton, In his population,
says that when Detectives Starns and
Campbell first came to see him he
told them that so far as he knew
Frank was a moral man in every re-
spect. He asserts that the detectives
laughed at hi mand insisted that he
should testify that Frank was a man
Of bad character and that he CDal-
toni had Joined the defendant on va
rious occasions in acts OF immoral
conduct with women and that he had
seen Frank and Conley in earnest
conversation at different times.
Dalton says that he told the detec-
tives that every word OF it was un-
l true so far as it related to Frank
but that they Induced him to go on