The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1914-03-31
NEW EVIDENCE DISCOVERED
Witnesses Say They Saw
Frank On Street At Hour
ConIey SWore He Was Aid
ing Frank in Hiding Body
Testimony of Negro Women
Damaging for ConIey
Especial to The News and Observer

Atlanta, Ga, March 28.-Efforts to
obtain a new trial for Leo. NJ. Frank,
under sentence of death for the muir
der here of Mary Phagan, IA year
old girl, yesterday resulted in notice be
ing served on Solicitor General Hugh
NJ. Dorsey who conducted the prose-
Cutlon. that an extraordinary motion
for a new hearing would be filed
April 10th.
Discovery of new evidence, which
the defense claims tends to show the
innocence Of the convicted factory
superintendent. and reputation of tes-
timony given at the trial Of the ac-
cused. are made the basis of the new
trial motion. Pending final decision
on me motion, which, it is announced
will be filed in the Superior court.
the hanging OF Frank set for April
18th will be automatically stayed.
Effort to Establish Alibi.
An EFFORT 10 establish an alibi for
Frank is made in four affidavits in
Guided in the motion. The witnesses
claim they sa Frank at Alabama and
Whitehall streets on the afternoon Of
April 26, 1913, between l and ITO
o'clock 1t was testified by James
Conley. negro factory sweeper mt the
chief witness against Frank, that he
was aiding Frank in carrying the body
of the murdered girl from the second
ioor Of the National Pencil Com
pany's plant TO the basement at this
time. Conley was convicted of being
an accessory after the fact n SEN
fenced TO one years Imprisonment.
Newly Discovered Witnesses.
The newly discovered witnesses
who made affidavit to seeing Frank
on the street are Samuel A. Pardee
sales manager of the Cotton States
Betting and Supply Company, ~. V
Green. a Mrs Jeffe and Mrs. l1the
In Chattanooga Tenn. All Jour wit
nesses said they were acquainted Will
the convicted man.
Mary Rich q negro woman Wht
conducts q boarding house near tn
site Of the pencil factory, in an afn
davit included in the motion, assert
that COniey, h negro, came out o
an alley in the rear of the factor,
about 2:15 o'clock on the Afternoon
the girl was murdered and that II
entered her house, purchased am
ate a lunch. When he left, she a-
serts that he went back toward IN
alley. Couley has testified mat n
left the pencil factory at 80 o'clOc
by way of tie front door on the III
ternoon of the murder AMI that =
went Immediately to his home.
May Explain Broken Lock.
The evidence of the negro boardin
house-keeper is taken by the defens
10 indicate q possible explanation {
the broken lock on the real door {
the factory basement. The ock VIZ
found to be broken the day after tf
murder. No evidence bearing upo
Vt was adduced at the trial of Franz
Statements of DR.. IL. F. Harris that
microscopic examination Of ha
round on a lathe on the second fot
of the factory showed it to be until
the hair of the murdered girl are il
Guided in the motion. AfhdavitS
similar import from several girl en-
ployes of The factory WkO knew II
dead girl and who examined the ha
found on the lathe, also are lntr
duced by the defense.
Blood Spotc Examined.
IN explanation. according to t
defense. of the blood spots found ne
the lathe, is given in IN ffidavit
). NJ. Duffy. an emplOye Of the pen
factory. He claims that while he w
working in the metal department
cut one Of his fingers, and that co
siderable blood from the wound f
on the floor. The machine which
was operating was opposite the o
at "hich the murdered girl worket
NnOther Feature Added.
Tho alleged finding of a cart
trlccry Of the signature of ii.
Becker, former master mechanic
the factory, now q resident of n
YORK, on one of the notes found
L. the body. is considered in
motion. The note was written on
order blank of the kind used in 1!
b. l;ecker. 1t is claimed that the I
uS'd blanks of his kind were tai
To the basement and discarded WI
Bc>kcr left the National Pencil Co
p2ny's service in 1909.
+ is contended by the defense I
IL = units ely that q pad Of these