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THE ATLANTA GEOROTAN AND NEWS.
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ACCUSES NEGRO CONLEY
Continued From Page 1.
strangled Mary Phagan when about
half drunk.
"I’ll fSf> further and say that the last
three months that Conley was here 1
was suspicious of him and tried to
watch him as closely as possible, for
I placed no dependence in him. He
became indifferent about his work and
shiftless.”
Mrs. White Denies
Identification.
Mrs. J. Arthur White, of 59 Bonnie
Brae Avenue, made positive denial to
the Solicitor General’s office Tuesday
J that she ever had made any identi-
* fixation of James Conley, the negro
sweeper at the National Pencil Fac
tory, as published in an afternoon
paper.
”1 can not understand why such a
story should have been manufactured
and published,” she said to a reporter.
"I was just called by the Solicitor
f General to confirm it, and told him, as
I had told him before, that I never
} had identified the negro.
“I saw a negro sitting on a box on
the first floor of the factory as I left
there about 1 o’clock in the after
noon of the murder. I did not get
a g4 od look at his face. I got just
a general impression of his clothes
and of his also.
“At the police station ten negroes
were brought before me. 1 picked out
one with a green derby and said
•that lie looked c msiderably like the
man l had seen. They told me to
look again, and I picked out another
man that I thought looked a little
more like the negro I had seen, but 1
never made any positive identifica
tion; and I told the detectives, in the
first place, that 1 would not he able
to. They never told me the names
of the men I had picked out, so 1
don’t know whether one of them was
Conley oi not.”
The detectives'never have placed
much weight on tidentification of
Mrs. White, as she said that she could
not he positive. Added to this is the
fact that she saw a negro loitering
around the factory at 1 o’clock, which,
it is thought, he would have been
very unlikely to do had he had any
thing to do with the disappearance of
Mary Phagan, who was in the factary
a few minutes after 12 o’clock.
small amount might prove an incen
tive to some Dersons. the defense very
likely will argue. And it is not at
I all certain that th^robber, if robbery
was the motive, had anv idea ihat the
amount he would obtain would be so
small.
"Is It probable that Frank would
have taken the trouble to hide the
girl’s purse when it could not have
Incriminated In any way any par
ticular persons had it been lying near
her body?” is a question that can be
put to the jurors in this connection.
The defense also will fight against
the introduction of much of the char
acter testimony that was permitted
to go before the Coroner’s Jury.
Frank's attorneys will attack the
Identification of Frank tnade Vv Of
ficer House, of Druid Hills Park, on
the grounds of Its utter Improbabil
ity.
Will Attack Officer.
They will question the ability of
House to identify a man he has seen
only once and after a lapse of two
years. They will attack the proba
bilities of a man of Frank's standing
permitting himself to be seen In com
pany with a girl in short skirts.
They will question the probability
of his admitting his identity to the
officer and saying. "I am Leo Frank,
superintendent of the National Pen
cil Factory,” when his main concern
naturally would have been to keep
his identity secret. Probabilities are
bound to play a large part In the
trial, declare those interested in the
mystery, for It Is very much on a se
quence of probabilities that the police
are basing their expectations of con
victing Frank.
Even should the State be able to
prove beyond a doubt that it was
Frank whom the park guard discov
ered in company with a young girl
two years ago, the defense will still
be able to s»y that this fact no more
State Faces Big Task in
Trial ot Frank as Slayer
connects Frank with the murder than
It does hundreds of other persons.
The announcement of the detectives
themselves that they do not place im
plicit confidence in the so-called con
fession of the negro. James Conley,
makes It unlikely that the trial will
have anything to do with his state
ment that he wrote notes at the dic
tation of Frank the day before the
murder.
Sentell May Yet Be Witn««s.
Laying aside the possibility of a
premeditated murder, which no one
had even suggested up to the time
of the negro's alleged confession, th*<
friends of Frank, and those who are
without personal interest as well,
scouted the Idea that Frank, who is
an Intelligent and shrewd man, would
take an ignorant negro into his con
fidence and do everything but tell him
that he was going to commit a mur
der on the next day.
It Is rumored that E. L. Sentell may
yet figure in the case again. Sentell
is the man who declared positively
before the Coroner’s jury that he saw
Mary Phagan shortly before mid
night the night of the murder Sen
tell knew Mary Phagan from Infancy
He said that he could not be mis
taken in her identification. He tes
tified that he met her on the street in
company with some man and that
he said. ‘ Hello, Mary,” and that she
replied. “Hello. Ed.”
This testimony would appear quite
conclusive were it not for the state
ments of the physicians that the girl
must have been dead at least six
hours when found. It is known, how
ever. that some confidence is still be
ing placed in his statements.
F °r Sale Only in Rich’s Economy Basement.
| A week wherein we
Challenge Competition
If you have anything to sell adver
tise in The Sunday American. Lar
gest circulation of any Sunday news
paper in the South.
What will be the defense of Leo M.
Frank when he is called upqn next
month to answer to the charge of
strangling little Mary Phagan?
With the confident announcement
of the police Monday’that they had
completed a case against the factory
superintendent that was as conclu
sive as it possibly could be without
the* testimony of actual eyewitnesses
of the crime, this question naturally
is being asked to-day r>y everyone
who has any interest in the mystery,
and that means practically every per
son in Atlanta.
The people will not get their answer
from Luther Z. Rosser, the close
lipped and able attorney of Frank, un
til the trial actually begins. But even
at this early date, when only the
vaguest of hints have been given
to the course that will be followed in
V the battle to free Frank from all sus
picion, it is patent that tHere are
many openings offered the defense for
attacks upon the theories of the State.
Burden of Proof on State.
Those who are close to the daiiv
developments in Atlanta’s baffling
murder mystery and who venture, to
predict the line of defense that will
be offered are bearing in mind that,
in the first place, the great burden of
*. proof is upon the prosecution and not
upon the defense.
It is absolutely necessary, due to the
protection with which the law has
nedged everyone under suspicion of
crime, that the State in some manner,
by some piece of evidence, connect
' Frank directly with the crime or es-
tablish his connection beyond a rea-
• sonable doubt.
k. Until the State is able to do this.
* ( Luther Z. Rosser may rest on his
oars if he so desires. Leo Frank is
innocent this moment in the eyes of
the law. His innocence does not need
to be proved. It is presumed.
It immediately becomes a question,
therefore, as to whether the State
really has made out *a case against
Frank, so far as can he judged from
the evidence in the hands of the pub
lic. Have the detectives by any of
their discoveries connected Frank di
rectly with the crime? Have they as
sembled such a chain of circumstan
tial incidents as to make his guilt
appear certain beyond a reasonable
doubt?
Frank’s Friends Deny Connection.
Those interested in the defense of
Frank answer both questions em
phatically in the negative. Not one
thing has been found, they declare,
that connects Frank directly with the
mysterious strangling. Nor do they
regard the circumstantial evidence se
riously.
The law will not permit Frank’s
conviction for the crime merely be
cause the detectives have discovered
that he had the opportunity. It will
not permit his conviction, if no con
vincing evidence is found against him.
merely because he is unable to put his
hands on another man and say. ‘‘This
is the man you want. He is the
guilty person.”
It Is not the intention of the law to
hang one man simply because no one
else can be found who is the more
likelv culprit.
After the State has presented its
reasons for believing in the guilt of
Frank, it is regarded as likely that
the defense will claim first of all that
\ the State has failed to establish
Frank’s connection with the crime
beyond a reasonable doubt. The de-
will r present that the most the
State has done is to establish that he
had the opportunity to commit the
murder.
Frank never was seen with the girl,
either on the day of the strangling or
before. It is not known that lie ever
spoke to her except in connection with
v her work. Nothing was found to
'• point the. finger of accusation directly
^ at Frank, so far as the public has
been informed. None «'f Frank's
clothing has been found with blood
stains* upon it. No finger prints upon
( the girl’s body or her clothes were
identified as his. None of his per
sonal belonging were found near tin
girl’s body. Absolutely nothing wa?
discovered In the search of the de
tectives that fastened the crime o*:
him.
Own Admission Caused Arrest.
The police possibly would never
even have known that Frank was
the last person to see Mary Phagan,
so far as is known, had it not been
for his own free admission. He told
the officers the moment he identified
the body that that was the girl he
paid at noon the day before. No one
else knew that Mary Phagan was in
the building at that time, so far as
the evidence reveals. Frank did not
have to tell if he had desired to con
ceal the fact.
The defense, therefore, will he in r
position to ask: Should not this ad
mission, given freely and voluntarily,
be regarded as an indication of inno
cence rather than as an admission of
guilt, as the detectives have consid
ered it ‘up to this time? Is a guilty
man likely to tell the officers as soon
as he is approached that he saw the
girl and talked with her, when there
is no need of such an admission?”
If the State attempt? to show that
the murder was committed between
12 and 1 o’clock Saturday afternoon,
as one of the theories contends, the
defense will be able to argue that
! there were several other people in the
factory at the time, this fact opening
! the way to the argument that if the
! crime was committed at this time it
need- not have been Frank who did it,
and to another argument that Frank
would have been very unlikely to at
tack the girl when he knew there
were other persons in^the factory at
the time who might discover him.
May Prove an Alibi.
Should the State $*eek to prove that
the murder was committed in the
evening, as the affidavits obtained
from Mrs. Mima Fomby indicate may
be done, the defense will be able to
establish a very strong alibi for the
suspected man from the testimony of
seven persons who are said to have
been at Frank’s house Saturday even
ing playing a game of cards.
Several of them already have testi
fied before the Coroner's jury, and all
of them are said to be willing to give
their testimony in court to the effect
that they saw Frank come home that
evening about the time hb said in his
statement to the Coroner’s jury, and
that he remained home the remainder
| of the evening, to the best of their
| knowledge.
This will bring it to an issue of
veracity between Mrs. Mima Fomby
and these seven persons, who are
; persons of reputation and standing in
the community, if. indeed, the testi
mony of Mrs. Fomby is allowed ad-
j mission, which appears very doubt
ful.
Mrs. Fomby swore in her affidavit
I that Frank callecbher on the telephone
several times between B: 30 and 10:30
; o’clock the Saturday night of the
murder, asking her for permission to
bring a girl to her place. She testi
fied that she denied his request. It
is between these hours that Frank
1 has a very well established alibi from
I all appearances.
Another Motive Possible.
The defense also will be in a posi
tion to suggest that there might have
been another ftiotive for the crime
than the one generally accepted. No
physician has stated positively that
he was certain of any conclusions
from his examination of the bod* r
either immediately after the crime or
at the times the body was exhumed.
Added to this fact, is the unex
plained circumstance that the girl’s
purse never has been found. It con
tained only the wages she had drawn
that day-, to be sure, but even this
i
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h Wri te Dr. H. H. Greens Sons, Box 0. Atlanta, Gi.
Every Woman
Is interested and should
know about the wonderful
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White City Park Nov/ Open
Ask your druggist for
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accept no other, but
send stamp for book.
Marvel Co.. 44 E. 23d St .N.V.
& The recent patent issued on this NOISE-
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B™t£££and protects a fortune for the person that
puts this badly needed and universally
used article on the market. The inventor
(an Atlanta man) will sell all or a part
interest
Call on or address
IL Hu FRASER
Attorney.
825 Atlanta National Bank Building.
a Bottle
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The demand
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The drink
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The Atlanta-
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To Give Equal Bargains
Challenge Sale of Hosiery
OO - for ladies’ 60c boot silk
DOC stockings. Pure thread
silk with lisle feet and tops. Full
fashioned. High spliced silk heel.
Tan. pink, yellow, brown, grey,
black and white.
6 4 — for ladies’ 10c black
gauze cotton hose with
double heel and toe. Fast black.
I for children’s 15c black
A or tan tine ribbed stock
ings. Sizes 414 to 9.
1 for children’s 15c plain
A vrv. and fancy plaid socks,
including the popular black and
white shepherd check tops.
I C - for children’s 25c
A Jt, Black Cat stockings.
Slight “seconds.” Black, white,
pink, blue or tan. 6 to 9V4.
1 U- for women’s 19c gauze
stockings, summer or
medium weight. Tan or black
with double heel and toe and
deep garter tops. All sizes 8 to
10.
Silk & Silk Lisle Stockings 19c
Pure thread boot silk stockings In black only, and silk lisle
and gauze lisle stockings in blue, brown, tan, lavender,
white and black. All have double sole and high spliced
heel. For misses and women. Sizes s to 10. Choice 19c.
Wednesday, May 28, to Sat,, May 31
A week of Prices that
Point out Big Savings
Ladies’Hemstitched Initial *1 _
Soft Lawn Handkerchiefs, each * ^
5c to 7c Laces & Insertions
lc
Laces and insertions in widths V£ *° 2 inches, also
remnants of embroidery edges and insertions.
Choice the yard, lc.
C sa/eof e Household Goods
10
10-yd.Bolt Longcloth at 86c
A very fine quality of longcloth that we feature under
nnr own name regular at $1 a holt—and i1 's worth more. Full
yard wide, chamois finish, 10 yards to bolt. In the Clearance
Sale for 86c.
10c fine Sea Island brown domestic, 36 in., 7y 2 C.
7c Sea Island brown domestic, 10 to 20*yard lengths. 5c.
]2i/ 2 c standard makes of bleached muslin, such as Hill’s,
Fruit of the Loom, Lonsdale, etc., at 10c.
30o Unbleached Sheeting 25c
Heavy weight- 10-4 brown bleached sheetings, free from
flaws or specks. Just 15 pieces to sell at 25c.
Shaker Flannel 4 3-4c 25c Flannel 6
27-tnch white or cream shaker White flannel with cotton warp
flannel, fleeced on both sides. and wool filling. For all kinds
7c quality. of baby’s wear.
Sale of
Large Cakes Rich’s Economy Laundry
Soap. Standard 5c nine-oz. bars for
3 cans of 5c Spotless Cleanser, 10c.
6 cakes of Ivory Soap for 25c.
3 cakes of Sweetheart Soap for 10c.
15c can of Chloride of Lime for 10c.
15c can of pure Potash, or Lye, for 10c.
10c can of Old Dutch Cleanser, 2 for 15c.
6 cakes of Fels-Naptha for 25c.
3 large rolls of Waldorf Toilet Paper for 26c.
6 small rolls of Waldorf Toilet Paper for 25c.
3 Blue Jay White Crepe Toilet Paper, 3 for 25o.
25c
40c full plum]> weight brooms, 5-string OO
tied, wire-wrapped handle
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Challenge Sale Bedding,
Sheets, Pillow Cases, etc.
Challenge Sale of Linens
<f» 1 OQ for $1.75 all pure linen table (doth, 54x72 in. Hem-
ip A stitched, silver bleached. Also mercerized snow
white damask floths, 58x75 In., hemstitched.
A Q _ for 69c all pure linen
C heavy bleached table
damask. 66 in.
OQ„ for 50c Union linen
DI7C. Scotch and German ta
ble damask. 58 In.
OC« for 39c mercerized ta-
ble damask. Permanent
finish. Heavy weight. 58 in.
1 A- for 29c heavy cotton
X C damask. Choice of.
four patterns.
Cfk — for 69c mercerized ta-
D\XC hie damask. High lus
tre. Snow white. 72 in.
Similar reductions on Nap
kins.
37k
62k
for 50c
shoot*, made with
soam center. Wide hem, shrunk
finish. 72x90.
for 65e Priority Shoots,
w v* extra fine sheeting, wide
hom. 76x90 Inches.
for 70c Armorside
shoots, welded seam
center. Wide hem, shrunk finish.
76x90 inches.
Sterling | 77*^ hemstitched
I m2C ,h
hoots, heavy weight
sheeting, torn, not cut. 81x90
inches.
68c
for 75c heavy sheets.
Seamless, linen finish.
Deep 3-inch hem. 81x90 inches.
75c
for !M»c r. T. NT. extra
heavy sheeting. Shrunk
finish. Wide hem. 90x96 inches.
12y%c pillow cases, full size, 45x36 in., 10c.
15c pillow eases, wide hem, 42x36 in., 12y 2 c.
22c pillow cases, hemstitched, 45x36 in., 17c.
18c pillow cases, soft finish, 45x36 in., 16c.
75c
for 89c crochet Bed
Spreads li e m m e d ,
laundered ready for use. 70x78
Inches.
dJO OC for $8 extra size
satin l»’d spreads,
hemmed, laundered. 88x96
Inches.
95c
crochet. IsmI spreads. Double hed k
for $1.25
laundered
hemmed and
heavyweight
$1.98
for *8.25 Mar
seilles i*»d spread
with scalloped and cut corners.
80x99.
$1.20 Doz. Towels for 89c
These are the famous No. 163 Cannon Mills towels, which retail
at many of the best stores on me street for 10c each. They are
soft and absorbent; a firm httek weave; neatly finished with red
border. Large size, 18x36 inches. As long as 300 dozen last, the
Challenge Sale price will be 89c
12 soft bird’s-eye 5c hand towels, hemmed, 45x36 in., 39c.
19c all pure linen huck towels, 16x30 in., 121 2 o.
J2tic union linen huck towels, 16x24 in.. 10c.
1 Q for 25c Towels—fine weave huck In all-linen or union
A linen. All white or white with red or blue borders. 18x36
in. and 20x38 in.
12tfec ail white pure linene toweling, 18 in., 10c.
12V4C all linen heavy brown toweling, 18 in., 10c.
15c linen toweling, for face or roller towels. 12!/*c.
10c linen glass toweling, plaids or checks, 8'/ 2 c.
15c heavy linen glass toweling, assorted plaids, 12'/ 2 c.
1 e for 18c toweling—extra heavy weight Scotch linen towel-
1 JC ing with fancy red border. Splendid quality for roller or
hand towels.
3,000 Fine Absorbent Turkish Wash Rags 1 q
in the Challenge Sale, each at , *
A Good Time to Buy Turkish Towels
Big thirsty fellows that will absorb water like a sponge. Firm,
heavy nap, soft and absorbent.
Hemmed or fringed Turkish towels, 18x36 in.. 10c.
20c Turkish towels, 21x39; 18x40 in., choice 15c.
25c extra heavy Turkish towels, 22x45 in., at 19c.
Challenge Sale of Wash Goods
*7for 10c yard wide, plain
* chambrays, In solid col
or: blues, pinks or greys. Mill
lengths. 10 to 20 yards. Fast col
ors.
I for 15c Motor cloth
1UL suitings, linen finish,
yard wide. Solid color navy,
light blue, tan, brown, pink, lav
ender, light or dark green, rose.
1 for 15c solid color
* vw. crepe in pink, blue, red,
navy and lavender. 28 inch.
9C- for 35c to 50c Bilk shan-
ttings, solid black and
colors in self color stripes. Also
35c mercerized linen suitings in
pink, light blue, . Copenhagen,
black, tan, white, lavender. Also
the smart new Bulgarian taffeta
(cotton foulard) in light and
dark grounds.
1 for 25c solid color voiles
A in black, white, tan,
pink, lavender, cream and yel
low. 36 and 45 inches wide.
12 1 -2c Standard Percales 7 l-2c
Full count standard Percales finished soft for the needle.
All the patterns. Light and dark colors: Mill lengths
of 10 to 20 yards.
C _ for 8c and 10c dress ging-
hants in fancy patterns
and nurses’ seersucker stripes.
10c for 25c ratiqes. Solid
colors, only waist size
remnants
Cp for 10c fancy dress bae
tistes in floral patterns
for kimonos, dresses, etc. 31 in.
1 Cp for 26c white pique, as-
4 wL sorted size welts. Mill
lengths of 3 to 5 yards.
15c to 25c White Goods 10c
A groat assortment of 36-inch madras. dainty stripes and
checks, fancy lace hikI Lenn stripes; plain 45-inch
French lawn and 30-inch Persian lawns.
1 for 25c solid color rip-- dp for 8c white goods in neat
4 UL pelette and crepes in *4, lacey check designs. Pret-
solld colors and Persian pat- ty for waists, dresses, sash ettr-
t.erns. tains, etc.
;| Ladies’ 50c Union Suits
=5 39c and 50c union suits, fine Jcr- g-w
2g sey ribbed, regular and out sizes, J ^
S knee length, lace trimmed
39c Mesh Pants 19c
Women’s soft, cool knit mesh pants, knee
^5 length, lace trimmed.
■ Women’s 10c Vests 6c
P* Sleeveless and neekless fine ribbed vests,
tape trimmed. All sizes.
Sale of 39c
Silk Ties
12’
25e. 39c and 50c
ties in this lot.
All pure silk
four-in-hand style: club
and dress styles; white
and solid colors and
fancy.
Save on Notions
Black and white Darning Cotton, doz. 10c.
Paper of Steel Pins, dozen 10c.
Safety Pins, small sizes, dozen 10c.
10 dozen Bone Buttons for 15c.
6c Crochet Baby Bibs, each 1c.
Btisting thread, all numbers, dozen 10c.
Spool Silk, 100 yards to spool, 3c.
5c Cabinet assorted halt pins 3c.
5c English Steel Pins, 360 count. 3c.
5c Featherstitched Braids. 2 for 5c.
5c Machine Cotton Trend, white and black,
numbers. 3c.
5 large All-Over Silk Hair Nets for 10c.
Sale Only in Rich’s Economy Basement.
u