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An affidavit attacking the story of
Jim Conley on the witness stand
when he explained his reason for not
returning to the National Pencil Fac
tory to burn the body of Mary Pha
gan, as he had said Leo M. Frank
ordered him to do, was read late
Thursday at the hearing on the ex
traordinary motion for a new trial
in Judge Hill's court,
The affidavit was signed by J. W.
Boozen, a collector for a jewelry firm.
Conley’s explanation for his not re
turning to the pencil factory was that
he had gone home. and fallen asleep
until 6 o'clock the night of the Pha
gan murder.
The affidavit declared that Boozer
met Conley between 4 and 4:30
o'clock the afternoon of the murder
on Peters street, and had a conversa
tion with the negro relative to his
payments for a watch which Conley
had obtained from the firm by which
Boozer was employed.
The affidavit wag submitted to dis
prove the negro's story told on the
witness stand, and also to show that
his affidavits to the police were false.
Affidavits on Hair Theory.
An affidavit corroborating the as
sertion of Mrs. J. B. Simmons that
she heard screams issuing from the
basement of the National Pencil Fac
tory at 2:30 o'clock in the afternoon
of April 26, 1913, was introduced by
counse| for Leo Fra: .
The affidavit was sworn to by Mrs.
Elizabeth Cohen, of No. 40 Robins
Street,
Mrs. Cohen asserts that she came
downtown on the day Mary, Fhagan
was murdered, and about '&.({tlock,
after watching the Memorial Ddy pa
rade, met Mrs. Simmons near For
syth street, She asked Mrs. Sim
mons how she enjoyed the parade,
and Mrs, Simmons replied:
“I've been badly frightened and
scared by hearing a girl scream in
the basement of the National Pencil
Factory.” ¢
‘Mrs. Cohen said she laughed and
told Mrs. Simmons that it probably
was somebody celebrating Memorial
Day and having a good time.
“The screams I heard were not
made by anyone having a good time,”
Hrs. Cohen says Mrs. Simmons re
plied. . “They sounded like someone
was being murdered.”
Mrs. Cohen said she went to Mrs,
Simmons' home the next morning,
and Mrs. Simmons' son-in-law came
into the room where they were, and
said:
screams yesterday, mother. The
“You were right about those
screams you heard were Mary Pha
gan being murdered.”
Prejudice Charged.
That prejudice against Leo Frank
was so intense in the days preceding
his trial and at the time of the appeal
to the Supreme Court that persons
who had information favorable to his
case feared to reveal it, was the
charge made in an affidavit sworn to
by the lawyers for Frank and read
Thursday at the hearing.
Only the lawyers engaged in the
case at the time—Messrs. Rosser,
Brandon, Arnold and Herbert Haas—
signed the affidavit,
It was asserted that stories of such
vileness had been circulated against
the prisoner that the whole public had
become embittered and prejudiced,
and almost unanimously wanted a
conviction,
This situation, according to the
lawyers, made it almost impossible to
get information of the circumstances
that were favorable to their client.
Persons having such information
withheld it because of the undesir
‘able publicity it would give them and
because they feared they would be
hurt in reputation or in a business
way.
The lawyers represented to Judge
Hill that although they had spent
weeks and months in the endeavor to
bring to light every fact and circum
stance of the crime of Mary Phagan's
murder, there had been many things
hid which had not been discovered
until work was begun on the ex
traordinary motion for a new trial.
The first day of the hearing was
devoted to the reading of the ex
traordinary motion and of several
score of affidavits obtained by the
defense.
Smith Gives Affidavit.
One of the new ones was signed by
W. M. Smith, lawyer for the negro,
THE GEORGIAN’'’S NEWS BRIEFS.
.
5 More Summerlins
. .
Are Ready to Die for
Honor of U.SB.Flag
WILLACOOCHEE, GA., April
27.—“ My brother, Randolph Sum
merlin, was kilied at Vera Cruz
in defense of our country’s honor.
We favor President Wilson and
Democratic administration, and
Randolph has four brothers and
a father who are ready and will
ing to make the same sacrifice if
called upon.”
This statement was made here
to-day by L. W. Summerlin,
brother of the Georgia marine
killed in®the occupation of Vera
Cruz.
Jim Conley. Smith iestified to being
present at a conversation between
Solicitor Dorsey, Dr. H. F. Harris and
Dr. R. T. Dorsey, a brother ¢ the So
licitor,
Smith said it was his recollection
that Dr. Harris expressed his belief
to the Solicitor that the hair found
on a lathe on the second floor of the
National Px{:(‘ll factory was not that
of Mary hagan, a conclusion at
which Dr. Harris had arrived from a
microscopical examination of the
strands found in the factory and &
comparison with strands taken from
the head of the slain girl.
He also swore that opportunity was
given Dr. Dorsey to examine the hair,
but that he refused. *
Harris Is Not Positive.
A corroborative affidavit was signed
by Harlee Branch, a reporter, who in
terviewed Dr. Harris and quoted him
a 9 saying that the examination was
virtually conclusive and that there
could be but little doubt that the
strands found on the second floor
were not from the head of Mary
Phagan.
A deposition of Dr. Harris was read
in which he asserted that his exami
nation waa not exhaustive, and that
while the strands apgared to be
those of different persots, he could
not be positive.
Attorney Rosser called the attention
of the court to the fact that R. P.
Barrett, discoverer of the hair, had
testified that there were not more
than six or eight strands on the lathe
at the most, while Dr. Harris had
sworn that he was given about twelve,
Hearing in Capitol.
An affidavit by Oscar Pappenheim
er, a neighbor of Dr. Harris, related a
conversation between the two in
wkich Mr. Pappenheimer asked the
physician the result of his examina
tion of the Phagan girl’s body.
Dr. Harris declined to do this, ac
cording to the affiant, but said as the
conversation ended:
“] may say that what I found was
absclutely of no consequence, and you
need not be bothered about it.”
The hearing is being conducted in
the library of the State Capitol 2nd
probably will last for several days.
Morning and afternoon sessions are
being held. \
Atlanta Shriners were stirred Mon
day by dispatches from Vera Cruz
which told that K. M, Van Zandt had
been arrested Sunday as he was leav
ing Mexico City.
It happens that Mr. Van Zandt is
the official and accredited represen
tative of Anezeh Temple, Mexico
City, to the great gathering of
Shriners . here, :
“Just day before yesterday I got
a letter from him confirming his ho
tel reservation here,” said J. C. Green
field, secretary of the local commit
tee. “His room is engaged for the
whole week.”
Potentate Forrest Adair was in
censed and amused.
“It may mean a new invasion of
Mexico—an invasion by the Shrine
patrols of North America,” said he.
“Noble Van Zandt's arrest is an out
rage. The fact that he had been se
lected to represent Anezeh Temple
in the imperial council proves the
confidence and esteem in which he is
held by his fellow nobles—Mexicans
as well as Americans and other na
tionalities. There can be no excuse
for his detention.”
Mr. Adair intimated that if the
Anezeh representative has not been
released by then, the valiant army
of patrols assembled in Atlanta may
march away with scimitars drawn tc
compel his liberation by Huerta.
“And that patrol horde will form a
considerable army by itself,” he re
marked. “In fact, it will make up an
army division, full to the nozzle, with
eight brigades of well drilled men.”
The potentate added that no one
may expect seriously a movement of
force among the Shriners against
Huerta. Other steps were® started at
once on receipt of the dispatch to ef
fect the release of Mr. Van Zandt, it
that is possible,
ANCONA, PANAMA CANAL,
April 27.—~The United States subma
rines (-1, (*-2, (-3 and C-4 were sent
through the Panama Canal from Ga
tun Lake, where they were maneuver
ing to Christobal on the Atlantic side.
They were towed by an electric loco
motive.
Funston’s Troops
May Not Land.
VERA CRUZ, April 27.—Indica
tions are this afternoon that none
of General Funston's troops will be
landed unless it is decided by the
United States that further action
againts President Huerta is necessa
ry. The transports bringing the
United States soldiers from Galves
ton have slowed down and will await
orders from Washington before land
ing troops. Developments here, in
cluding news from Mexico City, that
all Americans wil be allowed to 'eave
the city, have created a general bhelief
that danger of war im virtually past.
American Consul
Is Cast Into Jail.
VERA CRUZ, April 27.—John F
Silliman, the American Consul at
Saltillo, and two American newspa
per correspondents have been pailed
at Saltillo to-day on order of Gen
eral Jacquin Maas. The charge
against them is not known, Gener
al Maas is the commander of Huer
ta's troops.
DENVER, April 22.—Company C of
the Colorado National Guard muti
nied to-day shortly before time for
the troop train which was to convey
them, with 500 other men, to the
strike region was due to leave Den-
Ver.
60 Penned in
Burning Mines.
TRINIDAD, COLO., April 23.—That
the thirty-five meny women and chil
dren trapped in the burning Empire
Mine have been suffocated was the
report received by Major Hamrock of
the State militia over the telephone
to-day from Aguilar. The report has
not been officiaily confirmed.
Members of Company C declared
that they refused to go to thg strike
zone because they opposed the mur
dering of women and children. The
troop train left Denver after 10
o'clock, minus the mutinous com
pany. No arrests were made.
Twentyv-five peisons also are
trapped in the shaft of the South
western mine, which has been on fire
all night, according to advices re
ceived here. Little hope is held out
here for their rescue.
U. S. Not to Send
Troops to Colorado.
WASHINGTON, April 23.—N0
Federal troops will be sent to Triqi
dad, Colo., to aid the State militia in
suppressing the mine riots, said Sec
retary of War Garrigon to-day.
.
Tobacco Premium and
Coupon Tax Proposed
WASHINGTON, April 27.—Repre
sentative Underwood has reported a
new tobacco anti-premium bill, for
bidding special gift inducements t
purchasers.
He proposes a tax of 2 cents on
every package of ten cigars and on
every ounce of tobacco that carries a
premium coupon. Premium gifts he
would tax at 2 per cent of actual
worth.
Independents say such a law would
give the trust advantage.
Tammany Heads Plan
. .
To Raise Regiments
NEW YORK, April 27.—Armed in
tervention in Mexico by the United
States was approved in resolutions
adopted by the Council of Sachems of
Tammany Hall.
The resolutions will he presented
at the next meeting of the general
organization. They provide for the
organization of regiments of infantry
to he tendered to Governor Glynn for
service in Mexico.
Handsomest Man
.
Of G%fltal Lost
.
By Mexican War
WASHINGTON, April 24—
Washington lost one of its social
stars when Senor Don A. A. Al
gara, first secretary and Charge
d'Affaires of the Mexican Em
tbassy, left here to-day for Canada.
The Mexican Charge, called the
“handsomest man in Washington,”
was a favorite at all official and
social functions, He had entree
to the most exclusive homes in
Washington, and brilliant social
affairs were considered incomplete
without him,
~ Senor Algara, in personal ap
pearance, is far from the true
Mexican type. Tall and blond,
with a flaxen mustache, he looks
“more like an English lord than a
Latin-American diplomat. His ex
tremely democratic manner made
him generally popular here.
4 SUSOR i)
A R -,
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RS Wil Q‘.\‘\/
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