Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-06-15

the murder he went to the factory ut
o'clock. declared Mr.. Dorsey. "and
found the double inside doors locked.
contrary to custom. Frank, he tcsti-
fled, told him TO go and have Il good
time until o'clock. Lee also testified
that Frank tclephoned him that night
asking If everything was all right
something he had never done before"
Frank wanted Leo out OF the way,
contended tho solicitor, so he could
dispose of the girls body, the murder
having been committed between 12 and
l l.. Nj.
Frank never accused Jim Conley of
connection with the murder prior to
the night" declared Mr.. Dorsey. "also
Frank did not tell the police or detec-
tives that Conley could write when
the authorities were trying to show
that Conlcy wrote the murder notes
After Conley admitted writing the
notes. Frank said he knew all the time
that the negro could write. Frank
tried to turn suspicion toward others
than Conlcy.
Frank had to take Conley into his
confidence, because the negro saw the
little girl go UP TO his office and never
saw her come down. Besides. he was
obliged to get some one to write the
murder notes and divert suspicio,,
from him"
Al the close of Solicitor Dorsey's
argument. Governor Slaton declared Il
recess to visit the scene of the crime
accompanied by attorneys for both
sides.
CLOSING ARGUMENT
BEGUN BY HOWARD
When the hearing was resumed MIR.
Howard began his closing argument
Eliminating Conley's testimony.
there is nothing in circumstantial evi-
dence to connect Frank with Mary
actions after the murder do not con-
meet him with the crime. The only
point in this record where Frank is
coupled with this crime is in the allie
CATION Of his connection with the writ
ing Of the murder notes. and on this
point there is only Conley's story that
Frank dictated them To him"
Mr. Howard described the finding Of
Mary Phagan's body in the basement
OF the pencil factory and tho condi-
ton OF the body. Continuing, he said
Near her head were found ne two
murder notes purportinE 10 describe
the person who committed the murder.
Nh" wrote the notes? Because the
person who wrote them had something
or all to do with the murder Jim
Conley confessed 1 wrote the notes."
Mr. Howard declared Conley had
tesuiied that on his way to the factory
the morning of the murder he had
drunk hcer. wine and whiskey
In five years, he said, the negro had
served seven sentences for violation of
laws of Atlanta That, said
Mr.. Howard, was the kind of person
that crouchcd at the foot of the stairs
as Mary Phagan came down. Her
mesh bag, containing her money, never
has hcen found. The testimony" Mr.
Howard continued. shows there was
evidence that the little girl had been
assaulted, Murder to conceal the rob
berry and assault; would lie the natural
thought of negro TO save his own
life"
"Now let's try Frank" Mr.. Howard
The murder notes were
not the mental efforts of Frank, for
they arc in the language. style and
form of expression OF Conley. The
prosecution contended that correct use
of the word did was not compatible
with Conley's education. In his testl-
mony on the stand the record shows
Conley correctly used the word did
more than 100 times"
1T is immaterial that Monten Slower
was in Franks office between 1905
and 1910 on the day of the murder
and Frank was not there" said Mr.
Howard. We know Frank was not
killing Mary Phagan at that time. for
she had not arrived there. The testi-
mony shows that Mary Pharan could
not have reached Frank s Office until
1913 L. NJ.
rs that time accepted by both sides
as the time Of Mary Phagan's ARRIVAL"
asked Governor Sla;on.
NO" replied Mr. Dorsey. the state
commended that she reached the factory
at the time Frank stated, 1905 I, NJ"
we Will leave the record to show
which side is correct on this point"
said Mr.. Howard.
Al this point Governor Slayton ad-
jOurned the hearing.