Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1914-03-28
Motion IS filed
IN FRANK CASE
Witnesses Have Been
Found Who Will Estab-
lish Alibi
FOR CONDEMNED MAN
Indications Point Toward Fastening
Pllagan Girl Murder on Jim Con.
ley-BurnS Feels Elated.

Atlanta, Ga, March Pin the no.
| tice of an extraordinary motion for
a new trial filed today by counsel for
Leo NJ. Frank, now under sentence of
death for the murder of fourteen
year-oid Mary Phagan, three wit
a positive alibi for Frank. Several
others are to testify to the batting"
of testimony by Solicitor Dorsey and
the state detectives, while many 9TH
| ers will give testimony tending to
j throw suspicion of the crime on jim
Conley, the negro who was the chief
witness against Frank.
Positive declarations that they saw
Frank at the corner of Whitehall and
Alabama streets between 1903 and
los o'colck in the afternoon of the
murder are made by Samuel A. Tar
| dee, sales manager for the Cotton
States Betting & Supply Company;
Mrs. Jessie and Mrs. Ethel Harris
Miller, all of whom are acquainted
| with the prisoner. The negro, Con-
| ley, testified he left Frank in his pen
Gil factory at 100 o'clock on that
afternoon.
Mary Rich, a negro woman, who
conducts small restaurant, declares
she saw Conley coming from the rear
of the factory at about 2:15 on the
afternoon of the murder. Conley
swore he left the factory by the front
door at 100 and went home. The
Rich woman says she sold Conley a
| 20-cent dinner and that he then went
back to the factory by the way he
had come. This is held to explain
the mystery Of the broken lock on the
back door of the basement of the
building.
G. Brutus Dalton and Mary Karst,
who gave damaging testimony re-
garding Franks conduct with girls
in the factory, now admit that they
were intimdated by the solicitor and
detectives for the prosecution. 9th
ers of the state witnesses have made
similar admissions.
The statement of DR.. H. F. Harris
that careful microscopic examination
of the strand of hair found on lathe
on the second floor of the factory
was entirely unlike that of the MUIR
dered girl, also forms an important
part of the motion for a new trial.
| !, The motion covers sixty typeWrit-
| ten pages. 1t makes no mention of
the researches of Detective William
j. Burns and it is generally believed
| that the defense is masking it's bat
teries and refraining from uncOvering
the real strength of it's case at this
time, the notice being filed merely to
fix and hold date for the hearing.
Burns Is Elated.
New York, March 27.-Wm. j..
Burns, the detective, will leave to-
morrow for Atlanta, where he is to
! make complete report of his in
vestigation of the murder of little
Mary Phagan for which Leo M.
Frank, former Brooklyn boy, has
been sentenced to hang.
1t was reported tonight that Burns
had discovered at least one new and
important witness in New York. 1t is
believed that he will take this witness
with him tomorrow so that evidence
which this person possesses may be
within the jurisdiction of the Georgia
Supreme Court if needed.
Burns was very silent when ques-
toned about his plans.
II can't tell you boys anything
about the work that l have been do
ing here in New York on the Frank
case," he said.
"Hew many witnesses are you go
ing to take to A.santa?"
81 can't discuss that now"
'fWell, tell us what train you will
take and we can see for ourselves, y
was suggested.
"Not at ALL replied the detective.
II shall be on my way tomorrow, but
I certainly will not let you know
when or where shall start"
Burns then admitted that he had