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THE ATLANTA GEORGIAN AND NEWS.
CONLEY STEADFASTLY STICKS TO HIS MAIN ACCUSATIONS
Under Blistering Fire From the Defense He Admits Changing Bis Story
FIGHTING
FACES OF MEN BATTLING FOR FRANK
LUTHER Z. ROSSER.
REUBEN ARNOLD.
Continued From Page 1.
body met with utter failure. He could not be budged an inch from
this incriminating statement against Frank.
He might tell it in slightly dif
ferent words. His story might
show minor discrepancies, but he
kept to his main accusation that
Frank was the slayer of the girl
and had so admittel to him.
Because Conley had at. one time
quoted Frank as saying that he had
"picked up a little girl back there and
let her fall" and now was declaring
that the superintendent said: "I
struck her and struck her too hard,”
Rosser endeavored to corner the ne-
• ro and force him to admit that he
i-'ng in both instances. He was
* - nsuccessful. Conley conced-
« h might have quoted Frank
'Mon : . but asserted strongly that
the circumstances were as he had re
lated them.
Rosser until late In the forenoon
confined himself mostly to a compari
son of Conley's statements in his af
fidavits and before the detectives with
the story he had told In court. Conley
was not at all reluctant to admit that
he had been a liar from the beginning
of the investigation Into his part In
the crime. He did maintain, how
ever, that he was telling the truth
on the stand.
The lawyer was able to direct sus
picion most strongly at the story Con
ley now Is telling by questioning him
most closely about the incidents at
the factory n the day of the crime.
Didn’t See Others Arrive.
He developed that Conley saw, or
claimed he saw, E. F. Holloway, N
V. Darley, a "peg leg” negro, the
Phagan girl, Lemmlb Quinn and Mon
teen Stover as they entered or left
the factory that day, while he was
on the first floor near the stairs.
He testified, however, that he did
not see Oorlnthla Hall, Emma Clark,
Alonso Mann, Hattie Hall, Mrs. May
Barrett or Mrs. Arthur White.
Hattie Hall and Alonzo Mann left
the building at 12 o’clock. Quinn, ac
cording to Conley, entered and left
at about 12 o'clock. How ho could
have seen Quinn and missed seeing
the other two persons he was un
able to explain.
Conley declared that Quinn entered
the factory and left before Mary
Phagan came In. He said that he
had heard the Phagan girl’s scream
before Monteen Stover came in the
factory- After the Stover girl en
tered he testified that he went to sleep
and was aroused by Frank stamping
on the floor above.
This was the signal agreed upon,
said Conley, and he went and locked
the outside door. A little later Frank
Whistled and he went up stairs.
"He asked me If I’d seen a girl
come up here," Conley said. "I told
him I’d seen two and that I’d only
seen one of them leave.
“ •Well/ he said to me, ‘you know
that little girl that came up here. I
went back with her to the metal de
partment to see ahotu some work. I
wanted to be with her and she re
fused me. I struck her and struck
her too hard.' ”
Held Back Part of 8*ory.
A«ked why he didn’t tell the whole
truth, even in his last affidavit, Con
ley could only reply that he didn’t
want to tell all his story against
Frank at once. Rosser got the negro
to say that he had talked with Solici
tor Dorsey six or seven times and
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had added to, or changed his story
slightly each time.
It was the persistent endeavor of
Rosser to get before the Jury the fact
that Conley In his third affidavit had
said he was telling "the whole truth,’’
and yet, when there wan no apparent
reason for holding anything back, had
continued to Ho about the events of
the day and had kept a dark secret
thut he was in the factory early In
the morning.
If Conley’s third affidavit was now
admittedly false In many respects, al-
thought fonley declared it vwas the
truth when he was making it, what
reason was there to believe that this
tale Conley had told the Jury had in
It much else than falsehood?
This was the question that Rosser
evidently was trying to place in the
minds of each of the twelve Jurors.
Rosser got Conley to say that he
lied about the time he got up, about
the time he left home, about the time
he first went to the factory, about
the time he bought a flnsk of whisky,
about the time he first met Frank,
and about the length of time that
Frank stayed at Montag Brothers, and
about the time N. V. Darley and Miss
Mattie Smith left the factory.
Roster Suddenly Shifts.
Rosser suddenly shifted from his
examination of Conley as to his pre
vious statement and began to ques
tion him about tlve crime Itself.
He took up in rapid sequence the
various phase* of Conley’s story of
the events Just before and Just fol
lowing 12 o’clock on the day that
Mary Phagan wo* killed—the en
trance and departure of factory em
ployees, the coming of Mary Pha
gan, the girl’s scream in the rear of
the factory, the visit of Monteen
Stover to the factory, and finally the
disposal of Mary Phagan’s dead body
by Conley at the direction of Frank.
During a brief recess a strychnine
tablet wa* given Conley as a bracer
for the ordeal through which he was
pass.
Just as ft appeared that Rosser had
reached the point where he proposed
to go after the negro in savage fash
ion, Attorney Hooper broke in with
a strenuous objection to them annex
In which Frank’s lawyer was seek
ing to Impeach the witness.
He Insisted that all the affidavits
be read to Conley where It was de
sired to question him In regard to
events he had told of previously.
Judge Roan ruled in favor of the
defense and the questioning pro
ceeded along the same lines.
Rosser evidently was determined to
break the negro down In short order,
as he started off in his quick, aggres
sive fashion, and with little of the
easy manner of his early questioning
of the daj r before.
Conley wa* as unconcerned and
cool as when he first went on the
stand to tell his remarkable story. He
answered the questions readily and
refused to be confused or mixed.
Rosser at once began asking him
concerning his part in the crime. He
brought out the contradictions in
Conley’s various sworn statement*.
Q. You had your second talk with
Black and Scott on May 24?—A. 1
disremember.
Q. Jim, you told them you wrote
the notes on Friday, didn't you?—A.
Yes, I told them 1 wrote them on
Friday.
Q. Then they told you the notes
wouldn’t fit?—A. No, sir, they didn’t
tell me that.
Q. They didn’t tell you the notes
didn’t fit In with the other part of
the story?—A. No, sir.
Q. You remember a lot of other
things, but you don’t remember that?
—A. No, sir, I don’t remember that.
Q. Didn’t Mr. Black and Mr. Scott
tell you that yo\ir statement about
writing the notes on Friday was all
rot. and you’d have to change it to
make your story true?—A. No, sir.
they didn’t tell me anything like that.
Q. They tried their best to get you
to change your statement on May 27,
jand you w ouldn’t do it. w ould you, Jliji?
—A. They questioned me, but they
didn’t try to make me change my
statement.
Fails to Remember.
Q. They didn't question you at all.
—A. They asked me If that was all,
and I said yes.
Q. That was on May 27, wasn't It?—
A. I disremember.
Q. But It was after you had made
your second stutement?—A. I don’t
know.
Q. Well, didn’t Lanford and his de
tectives stay with you a whole day
and stick closer than a brother?—A.
No, sir. They talked to me a long
while but they never stuck by me
all day*
Q. But they told you your statement
didn’t sound right?—A. No. sir, they
never told me that.
Q. What did they talk to you about
for four hours a day?—A. They talk
ed to me about a whole lot, about
different things.
Q. What did they talk about?—A.
They asked me if I knew Mr. Frank
Q. Don’t you remember anything
else?—A. They asked me all about
Mr. Frank.
Q. Did Mr. Black talk to you?—A.
Yes, sir, he talked to me a whole
lot.
Q. On May 28 you made a third
statement, or was it your second?—
A. I think It was the third.
Q. Didn’t you say a while ago that
you made a second statement on May
28? Now you say it was tho third.
Which was right?—A. 1 think it was
the third, but I am not sure.
Q. Why did you change the time
you told them you wrote the notes?—
A. I thought they might think some
thing wrong If 1 stuck to the first.
Q. You liked headquarters, didn’t
you?—A. Yes.
Q. You volunteered to go down
there, didn’t you?—A. Yes.
Dorsey: "I object to that. The
papers w'ould be he bes evidence.”
Attorneys in Clash.
Judge Roan said:
"He can show where he had been.”
Dorsey objected to what he termed
"secondary evidence.”
Rosser declared:
"I am going to show the whole
thing—that he was released and ar
rested—one of the biggest farces in
Atlanta, and 1 will introduce the pa
pers a he proper time.”
Dorsey withdrew his objection.
"Then I withdraw the statement
that I will put the papers In evi
dence.” said Rosser.
Dorsey then renewed hls objection.
Judge Roan repeated that Rosser
could show where Conley had been.
Solicitor Dorsey deliberately laugh
ed at the Judge's ruling and took his
seat.
Questioned About Breakfast.
Q. You told the detectives you saw
the clock on the negro university and
told the time by that.—A. I told them
I saw the clock.
Q. Didn’t you tell them It was 9
o’clock?—A. I don't recall.
Q. What did you have for break
fast?—A. Some liver and tea.
Q. What time did you get up that
morning, not what time you told the
detectives?—A. About 6 o’clock.
Q. What else did you have for
breakfast?—A. I think that was all I
told vou a while ago.
Q. 'Didn’t you have some sausage?
—A. There was some on the table.
I don't know whether I ate any or
not.
Q. Don’t you know a nigger never
had sausage on the table without
eating it?—A. I reckon so.
Told Them of Saloons.
Q. Well, you told them you went
to Peters street, didn’t you?—A. Yes.
Q. Why didn’t you tell me that a
w r hile ago?—A. Well, I told you if
you would read it to me I’d tell you
whether it was right or not.
Q. If I’ll repeat the story you’ve
learned you will know whether It’s
right or not—A. Yes, sir; I’ll know
W'hether it’s what I said or not.
Q. Did you tell them anything about
Peters street?—A. Yes, sir.
Q. This time?—A. I don’t know
whether It was that time or not.
Q. You didn’t tell them this th©
first time on May 18 what saloons
you went to on Peters street, did you?
A. I don’t know when I told them, but
I told them.
Q. Did you tell them about buying
some whisky?—A. Yes, sir; I bought
some whisky, but I don’t know when
I told them.
Q. What time did you say you
bought the whisky?—A. About 11
o’clock.
Q. And that wasn't the truth?—A.
No, sir.
Why He Changed Time.
Q. What time did you buy it?—A.
About 8 o’clock.
Q. Have you changed your time
because you wanted to be at the fac
tory the same time Mr. Frank waa?—
A. I was there at the same time Mr.
Frank was.
Q. What did you change your state
ment for?—A. Well, I don’t want to
put myself at the factory twice.
There wasn't nothing doing there and
I didn’t want to put myself there.
Q. Jim, Is that all the reason you
got—you didn’t want to put yourself
at the factory when there wasn’t
nothing doing?—A. Yes, sir.
Q. Jim, all these lies—I won’t call
them lies, I’ll call them stories—did
you notice them before you went to
Jail or afterw'ards?—A. I disremem
ber.
Q. Then you don’t know whether
you told those things before you w T ent
to Jail or not?—A. Yes. sir; I think it
was after I went to Jail.
Q. Well, you made all these elabo
rate changes after you got out of
Jail and was taken to police station?
A. Yes, sir; I guess I did.
Q. Jim. to whom did you make the
first change in your confession?—A. I
disremember.
Q. What? You U^d ail those Ues,
and don’t remember when you told
them or to whom?—A. No, sir; I
don’t remember. I knew when I told
a lie I knew' it wouldn’t fit and I’d
have to change it, so I didn’t remem
ber much about It.
Q. Jim, you had already give your
self away, why didn't you tell all
the truth?
“Your honor, I object,” said Mr.
Dorsey. "Let him examine this wit
ness, but he can’t comment and dis
pute with him."
"Does this court mean that I can’t
refresh hls memory about an answer
he has Just made?” asked Rosser.
“There should be a wide latitude in
the examination of this witness and I
don’t object to It,” said Mr. Dorsey.
“You can keep him here until SaU 1 *-
day night, if you want. I won t ob
ject.”
Defense Loses Kullnq.
“Your attitude doesn’t count in
that," said Mr. Rosser.
"I rule that you can not dispute
with the witness,” said Judge Roan.
Q. J1m. the flrvt time you told about
Mr. Frank and the little girl you told
them you were going to tell the truth,
didn’t you?—A Yes, sir.
Q. Didn’t you say that the first time
that you got down to the factory It
was 10 or 10:30? You told them the
last time, too, didn’t you?—A. I told
Mr. Scott and Mr. Black.
Q. When did you get that wine?—
A. I got that at Mr. Early’s.
Q. Who waited on you?—A. Mr.
Early.
Q. How did you get it, though rou
said you didn’t buy any?—A. I told
Mr. Early to put some wine In my
beer—that's what I told you.
Q. When did you get it?—A. Satur
day.
Didn’t Say He Bought It.
Q. Now, Jim. why didn’t you tell
the truth at first?—A. I did tell the
truth. I corrected that. #
Q. Why did you tell them 11 o’clock?
—A. I never told them 11 o’clock.
Q. How much beer did you tell them
you drank before you went to the
factory?—A. I don't know how much
I told them. I drank five or six.
Q. You told them you bought six
beers, didn’t you?—A. No. sir
Q. You told them you bought some
wine?—A. I never told them I bought
any wine. I told them something
about having some wine.
Q. Didn’t you tell me that yester
day?—A. No, sir.
Q. You are sure about that?—A.
Yes.
Q. Now you have a bad memory,
haven’t you?—A. It’s better now than
it was yesterday.
Both Frank and his wife smiled at
this answer.
Telling “Natural Truth.”
Q. Now your memory Is improving;
are you sure you are telling the truth?
—A. Yes. sir; I am telling the natural
truth. I am looking right at you.
Q. But your memory is« bad? That
is, it was bad yesterday, but It’s good
to-day? What kind of a memory ! s
that?—A. I don’t know, sir.
Q. Didn’t you tell them that you
went to the Capital City Laundry?—
A. I told Mr. Frank I was going there.
Q. But didn’t you tell the detec
tives that? Didn’t you tell them that
after drinking the whisky that you
met Mr. Frank at the corner of For
syth and Nelson streets?—A. I must
have said that If they have It down
there.
Q. But I really w r ant to know If you
told them that?—A. I don’t know.
Q. Now', look here. What's the mat
ter with your memory. Jim? Didn’t
you tell them that you went straight
from Peters street and met Mr. Frank
the first time that morning at Nelson
and Forsyth streets?—A. I told them
I met him there.
Q. But before you went to the fac
tory?—I told him I met him there.
Insists He Is Telling Truth.
Q. But you told them you met him
there after you went to the factory—
that you were at the factory but one
time that day?—A. I told them I was
at the factory.
Q. The first time you talked to the
detectives, you told them that you met
Mr. Frank at Nelson and Forsyth
streets, and that you had already been
to the factory—that you went to the
factory but one time that day.—A. 1
went straight from Peters street to
the factory.
Q. Look here, Jim; I w’ant to know
the truth about this.—A. I is telling
the truth.
Q. You said you only went to the
factory once, and met Mr Frank after
you left?—A. I disremember what 1
said.
Q. What officer did you tell that to?
—A. I can’t recall.
Q. Was that before or after you got
out of jail?—A. I don’t know; I think
It was before.
Repeats What Frank Said.
Q. You told him you met him at
Nelson and Forsyth streets?—A. 1
don’t know'.
Q. What did he say to you?—A. He
said, "Ha, ha, you are here, are you?"
Q. Why didn't you tell th© officers?
—A. I disremember.
Q. Didn’t you toll those officer^that
got back from Montag’s.—A. If it is
down there, I said it.
Q. I am not talking about w'hat is
down here. Who did you see go in
there first?—A. I think it was Mr.
Darley.
Q. Did you say yesterday Mr. Dar
ley was the first one to go In after
you got back from Montag’s?'—A. No,
sir. I didn’t say that.
Q, And you didn’t see Miss Smith?
—A. No, sir. not then.
Q. Oh, you saw' her, then, before
you went to Montag’s?—A. Yes, sir.
Q. Then you lied to the detectives?
—A. If I told them Miss Smith was
the first one I saw go up after I got
back from Montag’s.
Q. What time did Mr. Darley leave
the factory? You said about 10
o’clock?—A, No, sir, I said it was later
than that.
Stayed at Factory an Hour.
Q. What time was it?—A. About 11
o’clock. Some time after we got back
from Montag’s.
Q. What time did Miss Mattie
Smith leave?—A. I don’t know ex
actly. >
Q. About what time?—A. Well,
about 9 o’clock, I guess.
Q. Then you stayed at the factory
an hour?—A. Yes, sir, I guess I did.
Q. Did Mr. Holloway come down
before or after you came in from'
Montag’s?—A. He came down after
we got back.
Q. Could he have seen you?—A.
Yes, if he had looked.
Q. How could he see you?—A. I had
my feet stuck out.
Q. What time did Mr. Holloway
leave?—A. I can’t tell.
Q. How long after Mr. Darley left
did Mr. Holloway leave?—A. I can’t
tell.
Q. Give your best estimate?—A.
About 15 minutes.
Can’t Recall What He Said.
Q. After Mr. Holloway left, vrho
was the next' person you saw come
in? Who did you tell the police?—
A. I think Quinn came in.
Q. Did you tell the police that?—
A. I can’t recall.
Q. Did you tell them a lady In green
came up after Mr. Holloway?—A. I
don’t know.
Q. You didn’t tell them?—A. I might
have.
Q. Was that right or a lie?—A. It
wasn’t true.
Q. When did you explain It to the
police?—A. After I left the Jail.
Q. When did you say Quinn went
In?—A. I think I told them he was the
last one.
Q. Didn’t you tell the officers you
saw Mr. Holloway come In and right?
after him a lady in green?—A. Yes,
I think so.
Q. Why did you tell that?—A. I
must have been mistaken.
Q. Did you tell the officers she re
mained there five or six minutes?—
A. I might have, but I was mistaken!
Q. How many mistakes did you
make?—A. I don't know.
Q. Who did you correct them with?
—A. I don’t know. I don’t think they
asked me about it.
Q. After the lady In green cams
down, how long was it before any
body else came up?—A. I can’t think.
Q. All the people you told the offi
cers you saw go up were Darley, tat
tle Smith, Holloway and the woman
in green?—A. Yes, I reckon so.
Q. You told them that four people
were there.
Wasn’t there four witnesses against
you—couldn't they connect you with
the crime?
"I object to that question, your
Honor,” Interrupted Solicitor Dorsey.
“It is a question for argument.”
Rosser; “Can’t t show that people
saw him or didn’t see him, to show
some object in his being there.”
Judge Roan: “I think so.”
Dorsey: “Do I understand Your
Continued on Page 3, Column 1.
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you told him you were going to see
your mother when you met him at
Nelson and Forsyth streets?—A. 1
don’t remember what I told them
about that.
Q Didn’t you tell the officers that
he was at Montag’a about twenty
minutes?—A. Yes.
Q. How do you know?—A. It seem
ed that long to me.
Q. Don't you know you stayed
there about an hour?—A. No.
Q. You haven't any idea?—A. No; I
can only guess.
Q. Why didn’t you tel! that yester
day?—A. You didn’t ask me.
Refreshes Rosser’s Memory.
Q You said yesterday Mr. Frank
didn’t say anything to you from tho
time you left Nelson and Forsyth
streets until you got Into the factory?
—A. I told you yesterday Mr. Frank
said something to me as we were
passing Mr. Alverson’s store.
Q. Didn’t you tell the detectives
that?—A. No, sir.
Q. You didn't say anything about it
until you had got out of jail?—A. I
don’t think I did.
Q. What time did you get out of
Jail?—A. I disremember.
Q. Why didn't you tell the detec- j
tlves about bumping Into somebody?
—A. I did tell them.
Q. Did they' write it down?—A. I
don’t know, sir.
Q. Why didn’t you tell the police
about Mr. Frank wanting you to
watch for him?—A. I did.
Q. Where?—A. I disremember.
Q. You disremember a whole lot,
don’t you? Why didn't you tell the
police about Mr. Frank stamping his
feet?—A. I did.
Parries With Rosser.
Q. Who did you tell?—A. I told Mr.
Black. Mr. Starnes, Mr. Scott and Mr.
Campbell.
Q. You told those people every
thing?—A. Sometimes they were not
all there.
Q. When?—A. I disremember.
Q. You told the detectives Miss ( ... ... . . , . ,
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