The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-03-28
Attorneys to File Extra
ordinary Motion on
April 16.
DEFENSE FAVORED
BY NEW EVIDENCE
Affidavits Claiming to Establish
Alibi for Condemned Man, and
Others Repudiating Testi-
mony Given at First Hear
ing, Are Filed-Sentence
Automatically Stayed.

Atlanta. Ga. March 27.-Efforts to
under sentence OF death for the murder
here OF Mary Phagan. fourteen years
old, to-day. resulted in notice being
served on Solicitor General Hugh NJ.
Dorsey. who conducted the prosecution,
that an extraordinary motion for a new
hearing would be filed OH April Is.
p.scovcry of new evidence which the
defense claims tends to show the inno-
ce.scc OF the convicted factory super
intcudcut, and rspudiation of testimony
Si"cn at the trial of the accused, are
made the basis of the new trial motion.
which it is announced will be filed W
the superior Court, the hanging OF
Frank. set for April Il, will be auto
An, effort to establish an alibi for
Frank is made in four atiidavits m
ciudcG in the motion. The witnesses
claim they Saw Frank at Alabama .anu
Whitehall Streets on the afternoon OF
April 26. 1913. between l and i:lo
o'clock. 1t was testified by James Con-
ley, negro factory sweeper, aud the
chief witness against Frank. that he
was aiding Frank in carrying the body
OF the murdered girl from the second
plant to the basement at this time. Con-
ley was convicted OF being an accessory
after the fact. and sentenced to ono
years imprisonment.
saw Frank on street.
Tho newly discovered witnesses, who
made affidavit to seeing Frank on the
street. are Samuel \. Pardee, sales man
aGer of the Cotton States Betting and
supply Company; w. Y. Green. a Mrs.
Thc latter now lives IN Chattanooga,
Tenn. All four witnesses said they
were acquainted with the convicted
man.
Mary Rich, n negro woman, who con-
ducts II boarding-hous near the
p8ncii factory, in an affidavit included
in the motion, asserts that Conley, n
negro. came out of an alley in the rear
Of the factory about 2:15 o'clock on
the afternoon the girl was murdered
chased and ate lunch. When he left,
she asserts, that he went back toward.
the alley. Conley has testified that he
left the pencil factory at ] 10 O'clock
by way. of the front door on the after
noon OF the murder, and that he went
imn nediatcly to his home.
The evidence of the negro boarding.
house Keeper is taken by the defense
TO indicate possible explanation of
the broken lock on the rear door o,
the factory basement The lock was
found TO be broken the day after 90.
murder. No evidence bearing uDon II
was introduced at the trial OF Frank.
Not Hair OF Murdered Girl.
Statements. of DR.. Fl. +. Harris that
= microscopic examination of hair
found on lathe on the second floor or
tho factory showed 1t to be unlike the
hair of the murdered girl are included
IN the motion Afidavits of similar i'm
factory, who knew the dead girl and
who examined the hair found on the
lathe. also are introduced by the de-
An explanation. according TO the de-
iensc, Of the blood spots found near the
Iatne. is given in an affidavit by j. NJ
Dun, an empioye of the pencil fac
tory He claims that while he was
working In the metal department. he
cut one OF his fingers. and that con-
siderable blood from the wound fell
a. m nnlt Inn t1.l, ,i,.J
was operating was opposite the one at
which the murdered girl worked
,racerv aIieSsd of iE dindimE of carbon
err former master mechanic in the fac
Tory. now Il resident of New York. on
one OF the notes found beside the body
is cohSiuered In the notion The noto
WAS written on an order blank of the
KIND used in 19e2 by Becker IL IS
claimed that the unused blanks OF ms
Kind we're taken TO tie basement and
discarded when Becker left the Ma
tlonal Pencil Company's service in 1909
IL Is contended by the defense that
hianks would have been on Franks
dcsl; in 1913. and that the note on one
or the blanks tends to show that the
,mnr1er ,,,nr, vas committed in the base
factory near Franks office ana that tho
notes We're written there. Conley tcsI,-
nea @ NJ FRANKS trial that he wrote the
nnieS at Franks Gictation on a pad
which the latter took from his dcsil.
They purported to show that a negro
committed the crime
Attack on Methods liked.
testimony of Severai witnesses re-
hecting on the character of Frank ia
rcpudiatcd Iii aflidavits made by them
recently. The defense also attacks the
methods used by detectives and other
officials Of the prosecution In preparing
Tue case against Frlnk, Introducing af-
t.daVits TO show that witnesses had
heen coached as to what testimony 10
~, H..
Been led to tell untru:hs
IL is understood that the new motio.,
Is not necessarily completed. and that
iacts which may be developed by an
investigation now being conducted bv
the head or national detective agency
may he embodied therein. The invcsti-