Atlanta Georgian., 1914-02-23
JURORS To
TRY NEGRO
AS A d
CHOSEN
Attorney for Accused Will OF Let
Client Plead to the Access
sorry Charges. 4

A jury to try Jim Conley on
the charge of being an accessory
after the fact in the murder of
Mary Phagan was selected in
the court of Judge Ben H. Hill
Monday forenoon at 1855
o. clock.
Thee ourtroom was jammed with
spectators long before Conley was
brought in by a county deputy at
1925. The hailins were compelled to
clear the aises several times and
there was some difficulty in keeping
order
The negro, his teeth showing in a
| broad smile took his place by his at
| torney, William NJ. Smith Smith an
| nounce1 before the case was called
for trial that his client would enter
a plea of not guilty to the charge OF
being an accessory
Negro Has Same Old Flat.
A ripple Of amusement was caused
| when it was noticed that Conley was
wearing enc sock OF white and anoth-
er OF blue. In his hand he carried
the same dirty yellow hat that he
wore during the long trial of Leo
Frank.
Solicitor Dorsey and Attorney
Smith in brief conference agreed
that it would be regarded as fact
in the conduct of Conely's trial that
Leo NJ. Frank was the slayer of the
Phagan girl and that IT was Conley
who wrote the notes that were found
by the dead girls body in the Ma
tional Pencil Factory easement. The
first act of the Solicitor was the
reading to the jury of the testimony
of Sergeant l.. S. Dobbs, who was one
Of the police officers who went to the
factory the morning of April "a.
Appeal To Be Filed Monday.
Franks attorneys declared Monday
that the appeal for a rehearing Of
Franks case by the Supreme Court.
which has been in process of prepara-
tiOil 7lu'F tilf NOui bEh4Eh TIdHh u
new trial last week. will be filed some
time during the day.
Neither Mr. Arnold nor Mr. Rosser
would give out any of the details of
the appeal Monday morning, declar-
Ing that it will not be made public
until it is placed In the hands OF this
clerk of the Supreme Court.
1t is generally conceded, however.
that the appeal will cite so or more
instances where. in the opinion of
FRANKS counsel, the court overlooked
salient points of the argument. and
failed 10 consider important points of
the case.
Little Hope for Appeal.
II was indicated Monday that tho
attorneys for Frank do not attach
great Importance to the appeal for a
hew hearing, and that they do noe
consider that there is much likeM-
hood that it will be granted. it will,
however pave the way for an extraor-
dinary motion for a new trial be-
fore. Judge Ben Hill, of the Superior
Court, upon which the defense is
counting and toward which it is di-
recting its efforts. This extraordi-
nary motion, it is understood. will be
filed at once If the Supreme Court
declines to reopen the case, and wf1l
be based upon the following pointsT
Wholesale charges OF conspira-
cy between detectives and wit
nesses.
DIR. Roy Harris assertion that
the hair found on the lathe in the
metal room of the pencil factory
did not come from the head of
Mary Phagan.
The alleged concealing by So
licitor Dorsey of DR.. Harris
knowledge.
AFfdavits Charge Coercion.
The Albert Mcknight affidavit,
in which Roy Craven is charged
with coercing the negro to mako