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ATLANTA, UA., SUNDAY, AUGUST 3, 1913.
3 A
BY DEFENSE’S GRILL
Rosser Will Attempt to Wring From
Negro Contradictions Pointing to
Him as Mary Phagan’s Slayer.
Battle of Medical Experts Certain.
The prosecution in the case of Leo Frank awaits the second week
Sf the trial with a serene faith in the strength of its evidence against
the accused. Solicitor General Dorsey, in a statement Saturday,
defied the efforts of the attorneys for the defense to break down
the story to be told by Jim Conley, the negro.
Conley may go on the stand Monday. His testimony, already
revealed, will carry in detail the accusation that Frank killed Mary
Phagan and then forced him to help dispose of the girl’s body.
Luther Rosser, a menace to witnesses, pitiless in cross-examina
tion, will attempt to wring from the negro contradictions pointing
the finger of suspicion at himself as the slayer.
But the Solicitor declared Saturday that he will not succeed.
“After the first week of the trial of Leo M. Frank, charged
with the murder of Mary Phagan, I am very well satisfied with
the progress of the State’s case,’’ said Mr. Dorsey.
“Every development and every argument has been what had
been planned when it was insisted that the case be called last Mon
day. So far there has not been
one mistake on the side of the
State, nor one bit of evidence
that will not he substantially
eoroborated before the close.
“We have made our case on the the
ory and belief that we are prosecut
ing a guilty man.
Conley’s Story Corroborated.
“Personally, I have no misgivings
about placing Jim Conley on the
stand. We have investigated thor
oughly every statement made by him
and the greater part of^it is substan
tiated.
“Mr. Rosser has said that he would
break this witness down. He will not.
The negro is telling the whole truth,
the rock bottom truth, and Mr. Rosser
will not be able to carry him beyond
that.”
In. fairness to the defense, it is
known that both Rosser and Arnold
have expressed doubt as to the neg'o
breaking down at this late day.
In three affidavits the negro has
bared alleged details of the little
girl’s death. In the first, he said
that Frank forced, him to wj-Jte the
death notes that were found at the
side of the body. The notes, he de
clared, were written the day before
the murder, and, apparently coming
from Mary Phagan herself, cast sus
picion on the night watchman, Nevyt
iLee.
The first affidavit was met by un
belief everywhere. The public was
not ready to accept the story that
Frank had planned the girl’s death a
day before. This incredulity was
borne out, because the second affi
davit, comiijg a day after the first, de
clared that the notes were written on
the day of the murder, at Frank’s dic
tation.
To Show Robbery Motive.
The sensational third affidavit from
the negro set forth the alleged story
of the disposal of the girl’s body.
Frank, he said, asked him to help
carry an injured girl to the factory
basement. Upon the second floor,
Conley declared, he found Mary Pha
gan, dead. Together, according to his
statement, Frank and he dragged the
body into the elevator, and bore it to
a dark corner in the basement.
"The.defense, it is expected, will at
tempt to place on Conley alone the
blame for the girl's death. That he
had the opportunity to attack her,
and that he, a negro always without
money, was strongly attracted by the
' chance to rob the girl of her pay en
velope, Frank’s lawyers will attempt
to show. Conley, it is known, was al
ways in hard straits for money, and
was always drawing his wages in ad
vance.
The defense will not attempt o
deny the testimony of Mts. Arthur
"Better Be Safe
Than Sorry"
It is far better to give
the Stomach, Liver and
Bowels spine help at the
beginning than to keep
putting it off until sick
ness overtakes you. Be
wise, and keep
HOSTETTER’S
STOMACH BITTERS
handy and take it prompt
ly. It helps overcome all
Stomach, Liver and Bowel
Ills, also prevents Malaria,
Fever and Ague.
E
Whit© that the negro she saw lurking
in the factory entrance at 1 o’clock
the afternoon of the murder was Con-
ley. On the other hand, an attempt
will be made to show that the murder
at that time could have been commit
ted, and that Conley merely was wait
ing for Frank and the others to leavo
the factory that he might dispose
easily of the body.
About the figure of the negro will
be waged a Titanic fight between the
lawyers. But that will not be the
only significant event of the second
week of the trial. A fight between
medical experts is anticipated, sprung
by the testimony of Dr. H. F. Har
ris Friday.
Battle of Experts Foreseen.
The defense, it is assured from At
torney Arnold’s statement, has sum
moned more experts to refute the
Harris testimony that in the stom
ach of the dead girl was found a
quantity of cabbage that could not
have been eaten more than half an
hour before her death.
Experts will come also on the part
of the State to bolster the statement
• by Dr. Harris, and altogether the
prospect Is that a battle between ex
perts will be the result.
Also will be revealed the undoubted
skill of Reuben Arnold in medical
jurisprudence. As an attorney Mr.
Arnold has few equals in knowledge
of mate-rK medica, and this fact wl\*
be of incalculable aid to the defense.
An example of his power in this re
gard was revea cd in the examina
tion of Dr. J. W. Hurt, who made ad
missions in direct conflict with the
evidence of Dr. Harris.
Sensational, too, assuredly will be
the attempt of Solicitor Dorsey to
substantiate his chadges that the evi
dence of the defense has been “plant
ed”—the discovery of part of a pay
envelope, the discovery of a club and
a rope as instruments of death, and
the story of W. H. Mincey that Con
ley had confessed to'him.
All these bits of evidence will b*
brought out by the defense. It is
likely, though, that they will be of
fered by Frank’s lawyers as inci
dental finds, and not as the result of
their own investigations, thereby de
livering them from the charge that
they were hatched up for Frank’s ad
vantage.
Jim Conley, Shaved and
Shining, Different Negro.
Jim Conley, the negro sweeper, who
probably will go on the stand Mon
day as the State’s most Important
witness in the Frank trial, to-day Is
receiving almost as much attention
to his person as he is to his schooling
for the ordeal which he is to undergo.
In the city prison Conley Saturday
night received the first real shave he
has had in many weeks. His black
skin was scrubbed until It. shone, and
his hair was clipped. A new suit of
clothes has been procured for the ne
gro, together with a pair of new shoes
and other haberdashery. Detectives
at'police headquarters declare the ne
gro will not be known even to his old
friends when he is taken to the court,
room. Conley does not express fear
of his impending appearance on the
stand. On the contrary, he contin
ually declares he will welcome the
opportunity to tell his story.
Police Think State
1 Is Forging Strong Chain.
Chief of Police James D. Beavers
and Chief of Detective Newport Lan-
| ford declared last night that they
I were much pleased with the progress
J the State is making in the prosecu-
i tion of Leo M. Frank, charged with
I the murder of Mary Phagan.
j ‘'We don’t wish to discuss the sub
ject at this time," said both officials,
"hut we believe that the State has a
strong case and that Solicitor Dor
sey will send Leo Frank to the gal
lows. The evidence already submit
ted to the jury will be sufficient to
prevent an acquittal. We know that
Frank is guilty and are sure that
the Solicitor will convince the jury
of it"
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82-84 N. Broad Street
Atlanta
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