Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-23
CASE
To JURY On
TUESDAY
Both Sides Rest-Argument Set
for To-morrow-Undertaker
Complicates Hair Evidence.

Unless the jury should be uneX-
pectedly long in it's elaboration, Jim
Conley on trial before Judge Hin as
accessory after the fact in the murder
of. Mary Phagan, win know Tuesday
morning whether he is to go free or If
he must serve time in prison or one
Of the States chaingangs.
Defense and prosecution had rested
when court adjourned at 80 o'clock
Monday afternoon. Just four hours
suficed for both sides to present their
evidence.
w H., Gheesling, the undertaken
who prepared the body Of Mary Pha-
gan for burial. testified. in effect. that
because the hair found on the lathe
machine in the metal room at the
pencil factory was darker than the
hair on the girls head when she was
buried, that does not prove the hair
found on the machine was not hair
from the Phagan girls head
Washing Affects Color.
Gheesllng testified that washing
light brown hair makes it lighter in
color and that he did wash the Pha-
gan girls hair to get the grit out OF it.
Arguments will begin Tuesday
morning unless Albert Mcknight,
wanted by the State as a witness and
mysteriously missing since Saturday
night, is found by that time. Nc
knight is the negro who testified at
the Frank trial to seeing Frank in
the Selig home the afternoon of the
murder and who last Saturday repu-
dated the story he told on the stand
He win be put on the stand for a
grilling by Solicitor Dorsey If he is
found. Otherwise the attorneys Will
at once present their case to the jury
in brief arguments
Conley's Defense.
Conleys defense consisted of the
reading of part of his final statement
concerning his part in the Phagan
mystery. The statement concluded
with the plea that Conley be dis
charged because he gave the State all
the aid he could in convicting Frank
In rebuttal, the State read another
part OF the same statement in which
Conley testified tina he lied about his
connection with the murder at first in
the hope that Frank would get out OF
his trouble and help him (Conley) out
of his difficulty.
That Attorney w. NJ. Smith would
not be satisfied with light sentence
for Conley, but proposed to get the
negro entirely free was evident.
Smith pleaded not guilty for his
client and added the statement that
he had been convinced ever since he
had been acquainted with Conley's
story Of his connection with the crime
that he was not guilty as an Access
sorry. The State rested it, case at
1:10 O'Clock
The defense rested at 1:25 o'clo k
after Conley's statement mad been
read to the jury. The State at once
started a brief rebuttal. Solicitor Dor
sey expected to put the case in the
jury udHuS III lHt afternoon OF DN
Tuesday forenoon at the latest.
HE is guilty neither on a misde-
meanor nor felony charge" said
Smith. The provisions OF the law
are clear in this respect"
Half Hour Getting Jury.
Solicitor Dorsey and Attorney
Smith agreed on a number Of the
facts OF the case before the trial be-
gan, 50 that II would be unnecessary
TO take them up and call witnesses
at any time during the Negroes trial
Only half an hour was consumed IN
the selection of jury. The forenoon
was taken up with the reading of tes-
tinony at the Coroner's inquest and
at the trial Of Frank
Before resting mis- case. Solicitor
Dorsey indicated that he would rely
largely on Couleys own statement
to obtain his conviction Attorney
Smith, on the contrary, was relying
on II 10 establish the Negroes limo