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THE ATLANTA GEOROTAN AND NEWS. \ ' < ' **& l > > i * f k * i 4 F 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 ftT5C!V TREATED. Quick relief, J jJl'bUiT O J. swelling, short breath: * soon removed, often entire reliefin 1 ft to ! • days. Trial treatment sent FREE. h Wri te Dr. H. H. Greens Sons, Box 0. Atlanta, Gi. Every Woman Is interested and should know about the wonderful IP 'i Marvel T” Douche White City Park Nov/ Open Ask your druggist for It. If he cannot sup ply the MARVEL, accept no other, but send stamp for book. Marvel Co.. 44 E. 23d St .N.V. & The recent patent issued on this NOISE- I LESS PORCH SWING HOOK secures 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 for it. The demand ed drink of thousands The drink that sparkles like wine The drink that is thirst quenching The drink that kills the “grouch” The drink al ways found at ball parks The Atlanta- made drink by the Red Rock Co. B! % rm i i 3 i ! 3 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 % I 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