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THE ATLANTA GEORGIAN AND NEWS. CONLEY'S STORY OF SLAYING DIAGRAMED ‘10 WORSE THAN DEATH By JAMES B. NEVIN. Black and sinister, depressing in its every aspect and horrible In its gloom, the testimony of Jim Conley in the Frank rase was given to the court and the Jury under direct ex amination Monday. The shadow of the negro had loomed like a frightful cloud over the courtroom for days the negro him self came into the case Monday. And he came into it in an awful and unspeakably sensational way! Thf» public was prepared for most that Conley said—it was not quite prepared for all he said. The State, in its direct examina tion of Conley, climaxed its case against Frank most thrillingly and most abhorrently. If that climax is not rendered impossible, ridiculous and absurd by the defense, then, the young factory superintendent is doomed. It is, indeed, now a battle to the death—and to worse than the death! Either it is Leo Frank's life, or Jim Conley’s life that must pay the for feit of Mary Phagan's untimely and tragically miserable end! Can the negro’s story be broken down? Either it is a pack of horrible and monstrously grotesque lies, or it is a horrible and monstrous recital of truth. Which is it? That is the problem that MUST be solved that is the puzzle that MUST be unraveled, if it be so that “truth is mighty and will prevail!” Burden Falls on Rosser. And into the hands of one man— Luther Z. Rosser- has been intrust ed the responsibility of breaking It down so completely that Leo Frank may go forth from that stuffy little courtroom a free man, enjoying again even a measure of the respect and esteem of his fellow men. Within the massive head of Rosser alone is the mental machinery mov ing now to free Frank. Rosser is conducting the cross-examination of Conley. He Is a pastmaster in the art of examining witnesses. True, the keen intelligence of that other remarkable lawyer, Reuben Arnold, is aiding and abetting the big man but the result of the cross ing of Conley, upon which this case unquestionably will turn, will be either Rosser’s victory or Rossers defeat. He must feel to the full the weight of responsibility upon him. Never before in *11 his long and successful career at -the bar, perhaps, has so much depended upon his skill and knowledge of the law, and his re markable ability at making witnesses tell not only all they wish to tell, but much more than that, if necessary! Conley is NOT the same sort of witness Newt I*ee was. To begin with Conley is seeking to save his own neck, the while he seeks to place the noose about Frank’s. Gives His Evidence Glibly. He is far too sharp a negro not to know, despite his seeming ignorance in some directions, that failure to convict Frank likely would mean Conley’s subsequent conviction. He knows that as a confessed accessory after the fact, the worst he faces is a few years in the penitentiary, where as as the principal to the murder, he would face the gallows. He delivered his testimony as glib ly as if he were a phonograph set going for the purpose. He rattled it off so rapidly at times that it was difficult to follow. He remembered minute details of this, that, and the other—he seemed to have an almost superhuman memory under direct examination, unwinding his tale with few and far between suggestions from the Solicitor. His Memory Was Marvelous! It was only when he got to the cross-examination by Mr. Rosser, however, that he recalled possessing, among his other mental assets, even a little bit of a forgettery! Before the cross-examination had proceeded very far, nevertheless. Conley recalled that he could forget. Rosser already has mixed him bad ly in many ways. If Conley is telling the truth— which many people believe—even in the main. Mr. Rosser will never shake him to pieces, however much he may shake him in spots. If he is lying—which many people also believe—Mr Rosser will shake him to pieces before he turns him loose—It hardly can be doubted. With Conley’s story sustained, de spite the fire of Rosser's cross-exami nation Frank is undone and lost for ever, and every damning circum stance cited against him will loom large and conclusive in the matter of shaping the verdict and public opin ion thereafter With Conley's story- crushed and flattened out as a Tissue of lies re led to save his own neck, all the rcumstan/es cited against Frank frill he raxed inconsequential and of fio account—for without Conley to hack them up they are worthless. The purely circumstantial case against Frank is not strong—the State doubtless recognizes that It has wise ly and consistently shaped its every endeavor toward Uonley as the cli max of its story. A« the ugly story was falling from Conley's thick lips, I w'atched Frank. It will not do to say he was uncon cerned. No person In all that crowd ed court loom was more concerned than he. More than once he wet his lips with his tongue and gripped the arms of his chair tightly. lie kept his eye glued to the negro moBt of the time, moreover—and occasionally he reach ed backward, gently and composedly to grasp the 'hand of his wife—and always her hand met his more than halfway. There he sat—flanked by the two women in all the world most deeply concerned in the outcome of this trial —Lucile Frank, the wife, and the elder woman, the mother. The one young and beautiful, the ofter growing old, hut still handsome after her type. There is something infinitely be wildering in ihe situation in that courthouse to-day. Is the awful story Jim Conley rat tled off as unconcernedly as he might recite the details of a “crap” gam*: TRUE? If It be true, who in all the wide, wide world has been so outrageously und so inhumanly wTonged as those two women sitting there beside the defendant ? Better for Mary Pliagan that she sleeps in her little grave, her mem ory sweet and fragrant as the flow ers blooming about her Inst resting place, than Lucile Frank—and the mother—if what Conley says Is true! Others Face Hell on Earth. At least, to the dead girl has come forgetfulness—and if Frank is guilty, never again to either of the other two women shall peace come this side of the grave. If only little Mary Phngan might speak; if only she might say just ONE little word directing each and all of us to the TRUTH of this amaring, terrible and strange story! She could say—and w'ho can doubt that she, purifled of death and utterly unafraid. wmuld say—the one Im pregnable word of truth so neces sary in the present moment? It Is in crises of the present kind, when -eason reels and staggers ho- fore the sinister and deadly story Jim Conley tells, that poor, w’eak mortals grop* and seek to seize upon the friendly hand of some unseen and Infallible Power, to ask, like a child in distress, for guidance and the strength to see the light! Is the word of this negro Conley— many times a confessed liar, mnnv times a "Jailbird,” many times a loafer and a street vagabond—to serve the purpose of crushing utterly the young superintendent of the pen cil factory, heretofore of unblemish ed character and reputation? Is it to serve the frightful purpose of stabbing the wife and mother to the heart forever and forever, to blacken and make unthinkable the memory of the husband.and son? Story Is Not Impossible. 'Can it be the TRUTH that Jim Conley speaks? Yes, it can he ths truth. It is seemingly far beyond the range of the probable, perhaps, hut It is not beyond the range of the possible. It is possible that Conley is telling things as they actually happened, even though lying in parts—It is pos sihle, if not probable. It must be remembered that the defense as yet has introduced no witnesses. Its case still Is to he made out. Whatever damage It has sus tained—and It has suffered heavily, even at best, it must be admitted - whatever damage it has sustained at the hands of the State's witness (and such advantages as It has gain ed—and it has gained some advant ages -It has gained at those same hands. Will Its own witnesses fare better under cross-examination from the other side than some of the States witnesses have, and yet may, fare under the pitless Are of Rosser? When Conley's horrible story was Enished under the direct examination, the spectators had been shocked into almost irresponsible indignation — they were in no condition to Judge with any approximate degree of fair ness the truth or the falsity of it, in any aspect of those things. Rational men and women, honesl men and women. ten and women willing for the right to prevail, an i praying that only the right MAY pre vail, still are stru<*~’*n~ to keep their minds open and free of prejudice and immature conclusion. Why not, then, resolve in ' tr heart and jnlnd this: WHATEVER THE JURY SHALL SAY, THAT SHALL SPEAK THE TRUTH OF THIS TRIAL! 1. Frank opened the door and showed me how to lock it. 2. Frank went up to his office and I stayed on the first floor. over this proposition. Now’ the per son w'ho is hurt by this poisonous evi dence is this defendant here. In a criminal case you can’t try a man for but one crime. It is a simple question of law’. I sympathize with that poor little girl and think the man W’ho throttled her life out should be punished. We came here to try » cane of murder and this miserable wretch on the stand 0 comes here and charges capital crime. Any w'hite man should be ashamed to believe it Now, we don’t want to come here and try this other disgusting and vile charge. It is absolutely irrelevant. They put him on the stand and it is up to them to holster up his tale. Why, we would have to stay trying this case and investigating other cases.” Judge Roan intervened: “The first of your motion was to rule out what he said about watch ing. The second about his conduct ” Arnold answered in the affirmative Then he continued: “If you don't call it a crime on those other occasions it would be a distinct transaction. How much harm might it do? How much would it confuse the Jury? It would be emi nently unfair to this man. We could cross-examine even to determining the Illegality, if it is unfair to the State to rule it out it is a thousand times more harmful to permit this creature to poison a jury’s mind against this innocent man.” Court Ruling Withheld. Judge Roan: “Colonel Arnold, if the evidence on the day he watched and the murder occurred is admissible, why isn't the watching on the other days admissible?” “Why isn’t any other murder ad missible?” replied Arnold. “My friend, Mr. Leonard Haas, has handed me another authority.” Attorney Arnold then read the au- thirity. Judge Roan hesitated for a moment, then said: “There is no doubt in my mind that it was inadmissible as an orig inal proposition. I am inclined to think it should all be ruled out, ex- if he knows anything about it he has not told.” Negro Says He Told All. 3. Miss Mattie Smith came in with Mr. Darley and went out again. “I rule that the idea of Mr. Dorsey | is correct, and that your question can ! he put,” said Judge Roan. “Now 1 i think that I have satisfied you both.” The negro answered: “I have told l all I know.” , Some members of the Jury request- , ed a soft drink, and Mr. Rosser said he would consent if he was brought | one, too. Q. Jim, when you called Mr. Frank and told him the girl was dead, what did he say?—A. He said, “S-sh,” and told me to look back by the clock box and get a cloth. Q. He threw up the palm of his hand, and said “Sh-h,” like shooir>g chickens?—A.,Yes, sir, something like that. Q. And you went and did it?—A. No j sir, I didn’t hear him at first, so 1 went closer to him. Q. How close?—A. I don’t know, sir. Q. Then you went and did what he said?—A. Yes, sir. Mr. Rosser took up a piece of bur- j lap similar to the one Conley declared ! he had used to wrap the body up in. He started to have Conley go through the act of wrapping up the body,.but i the drama was postponed for a mo ment while the jury went out to get their drink. Negro Describes Cloth. Q. It was kind of in the shape of that, wasn’t it (Rosser held up a thick cloth)?—A. No. it wasn't made exactly like that. Q. Did it have cotton in it?—A. No, hut it was mighty dirty. Q. Didn’t you tell Mr. Dorsey it was this?—A. I said it was kind of like that. Q. Was it a finer grade of cloth?— A. I don’t know about that. Q. You don’t know whether it was like that, or not?—A. No. Q. Didn’t you say Mr. Frank told you to look by the metal box and get that cloth?—A. No. I said by the cot ton box. Q. Jim. what did you do with that cloth when you got through with it? —A. I threw It down in front of the furnace. Q. Where you put the slipper?—A. Yes. Q. The cloth didn’t come in con tact with her head at all?—A. I don’t know. Q. You didn't get that cloth on her shoulder?—A. Yes, I got it up there. Denies Contradictions. Q. Didn’t you say yesterday that you didn’t get it up there?—A. No, sir. I don't think so. Q. Didn’t you say this: “I tried to get it up there, and it dropped?”—A. I might have said It. Q. How much did the girl weigh?— A. I don’t know^ Q. Can you carry 110 pounds with out any trouble?—A. No. Q. You say you can’t carry 110 M 1 * l~ 4S ^ 1 u * keg YV-—— ^ [ 4. Mary Phagan came in; then later I heard footsteps going back to the metal room. Conley Admits Lying, but Claims to Tell Truth Now Continued From Page 3. swer my question.—A. Well, I was trying to explain. Q. I don’t want you to go off on an explaining excursion. You look ed at the clock when you went to get the cloth to move the body?—A. Yea, sir. Q. What time wai It?—A. Four minutes to 1 o’clock. Q Jim. when you talked to the de tectives that time, you were telling all that you knew. You didn’t say anything about getting that cloth?— A. I Intended to. Q. What sort of a cloth was it? Like that burlap you had up here the other day?—A. No, sir. it wasn’t like that. It w’ae striped. Q. How wide was it?—A. I don’t know’ exactlv. Q. Was It two feet?—A. Yes. sir. I guess it was two f 't. Q. What is tw’O feet?—A. Like these. (Conley pointed to his feet ) Q What then did you do with the body?—A. I turned it on to the cloth and wrapped it u Q. Now, when you were talking to Black and Scott, you didn’t say any thing about coming up to Frank be fore you went and got the cloth t> wrap the little girl in?—A. No, sir. 1 don’t remember saying that. At this time court adjourned until 2 o'clock. Asks Ruling Out of Testimony. When the court was resumed Reu ben Arnold asked that the jury be excluded w’hile he made a motion. When the jurors had left, he asked that all the testimony relating to Frank’s alleged degenerancy be ruled out. “We move to exclude all evidence about this negro watching for Frank on other occasions.” said Arnold. “We propose to withdraw all cross- examination on this subject. “Your Honor, the stuff is too vll* to be read before these women. I’ll show it to Your Honor and to the attorneys for the prosecution. “Our motion is to exclude this tes timony on the gmund that it is ir relevant.” “Now, l want to bring to the at tention of the court.” continued Ar nold. “that this was not brought out on cross-examination. It was put In for nothing in the world but to preju dice the Jury against this man. and we propose to rule out our cross-exami nation on those questions. We want to rule out the fact that he watched and what he claims he saw.” Attorney Hooper said that when the defense did not object when that i question was put and answered it J seemed to him they were too late. “There is every reason why it shmild be admitted.” he said. “They have had the full benefit of the cross- examination. I am almost positive they forfeited the right to get this ruled out when they didn’t ask for it at the time they were admitted.” Before ruling, the Judge called f*' r authorities. “We appeal to your honor.” con tinued t*e Solicitor, “that such a mo. tlon is unfair and we submit this evidence as admissable as an original proposition.” “That’s the authority we want to hear,” said Rosser. “The. defense nas offered no au thority and I daresay they won’t,” re torted I>orsey. “When one of the prosecution,” said Rosser, "admits in the beginning that it was inadmissible orgnally, I thnk we at least are enttled to an authorty from ha assocate.” Dorsey proceeded to read author ities. The argument was that the evidence established a course of conduct and established intent and motive. Le*» Frank kept his eyes fixed on Dorsey during the argument. Hie expression was the same enigma as always. Judge End# Argument. Dorsey said: “1 submit that ns an original prop osition this evidence is admissible.’’ Judge Roan: “Well that end?* the argument.” Dorsey adde dthat there was also the proposition of being too late. He asked the defense to cite their author ity. Rosser said: “I have too much re spect for the court to trot out the authorities.” Dorsey retorted: “Run them out. anvway. Just so you get them out.” Rosser replied: “No matter how I brought them out you wouldn’t un derstand them.” “Your honor." eaid Dorsey, “as a commonsense proposition, it is not fnir for the defense to remain si lent when this evidence was first sub mitted. then cross-question this wit ness for two days and get all the benefit they esn possibly hope to get and then to move to withdraw the evidence.” Fixed Trap for State. “They would withdraw this evi dence and make the impression on the Jury that we are unable to sup port this witness I’ll tell the court that we expect to introduce witnesses and back them up. WJien they see how powerful it I* after a vain effort to derive a benefit from it for two days they would withdraw it all to leave the State high and .dry “ Mrs FTank, the prisoner’s wife, wqs absent for the first time since the j trial opened She left the room when Dorsey started his accusations in the course of his argument. The mother kept her seat by the side of her s**.»n "The course of conduct sworn t) j by this witness will he amply oorrob- ; orated. It is a powerful thing to ' show that this* man killed little Mary Phagan ns will be shown later on Tour honor, we ask that you go slow before deciding to rule out this evl dence. The courts are to show Jus tice and I defy the mto cite an au- j thority from the textbooks written in the last five years that sustains their motion.” said Dorsey. When Solicitor Dors’ey concluded • and Reuben Arnold arose to speak j Mrs. FVank returned to her seat b**- i side her husband, her eyes wet with J tears '/* Arnold said: “It is not any use to get excited oept his watching on the day of the crime.” m Attorney Hooper interrupted: “Your honor,” he said, “will you withhold your ruling until in the morning, in order that we may cite you more au thorities?” v “I w’ould reverse myself at any time, if I found I was wrong,” Judge Roan replied. "I will refrain from saying anything to the jury until I have received your authority.” The jury was then recalled. Examination Continues. Rosser then resumed his examina tion of Conley: Q. Jim, you took that girl and wrapper her up In that sheet?—A. Yes. Q. Did It cover her whole body?— A. No. Q. Which part?—A. T don’t know. Q. Was her head out?—A. Yes. Q. Her feet?—A. Yes. Q. How much of her feet?—A. I don’t know, Mr. Rosser. Q. Did her head hang back?—A. Yes. Q. And her feet hang out?—A. Yes. Q, You don’t know how much?—A. No. Q. And you put your arm through it and lifted it up on your shoulder?— A. Yes. Q. You walked with her on your hack?—A. Yes. Q. Then you came on up to the dressing room and dropped her be cause she was so heavy?—A. No, I just let her slip. Q. Didn’t you tell the police you told Frank she was too heavy for you?—A. Yes. Q. Why did you tell him that if she was not heavy?—A. I wanted to make him help me because I was scared. Q. Well, was she heavy or was she light?—A. She was both ways; she wasn't heaw and she w’asn’t light. A laugh rippled over the court room at the negro's reply, and when it be came ripe the negro showed his white teeth and laughed audibly. Rosser Upbraids Conley. Attorney Rosser was visibly wor ried. He frowned, and shaking a fin ger at Conley, said: “You are a both ways negro, ain’t you? What are you laughing at? Do yo" s°e anything funny?" The negro said: “I was Just laughing because the others laughed." "Didn’t you laugh first?” the law’- yer shouted. "No, sir, I just laughed because it was funny for me to say she was both wavs," the negro replied. Q. How did she fall?—A. She fell on her back. Q. She Just fell from your hold on her? How far down?—A. I don’t know, sir. Q. You were holding her about your knees?—A. Yes, sir. Q. How far was Mr. Frank when you called him?—A. He. was at the head of the stairs. Q. How far was it?—A. I don’t know. Q. Can you tell me anything more about this case, except that story you told Mr. Dorsey? "I object,” said Dorsey. “That is argumentative. He can’t ask a ques tion without specifying anything.” “Why can’t I. your honor?” asked Rosser. "It Is a general question,” replied Judge Roan. Rosser: “Has it come to the pass that I can’t ask a general question cf this witness? 1 want to ask him pounds?—A. I said I couldn’t without any trouble. Q. You are 27 year." old. How much do you weigh?—A. 150 pounds. Q. Mr. Frank backed up, didn’t he? —A. Yes. Q. You were both excited and ner vous?—A. Yes. Q. You * didn’t tell Scott hr Black ^bout Frank backing that body up on you?—A. I told one of them. Q. You didn't tell them about Frank going for the key?—A. I think I did. Q. Did you tell that during that heart-to-heart talk?—A. I don’t know. Q. Did you tell it to Mr. Dorsey?— A. Yes, I think so. Q. When you got there to the ele vator. you took that cloth off didn’t you?—A. No. Q. When did you take It off?—A When I put her down. How He Laid Girl Down. Q. How did you leave the little girl in the basement?—A. With her head tow’ards Alabama street—her feet tow’ards Hunter, and her face towards Forsyth street. Q. Didn’t you tell the detectives that you left her w’ith her face to wards the elevator?—A. I don’t think so. Q. Are you sure?—A. I disremem- ber what I said. Q. What did you say to Mr. Frank? A. I asked him what he wanted me to do with these things. Q. Where w’ere you standing?—A. At the furnace. Q. Where was Mr. Frank?—At the elevator Q. That is 150 feet from .the fur nace?—A. I don’t know Q. Didn’t she have any dirt on her face when you found her?—A. Yes. she had dirt on both sides of her face. Girl's Eye Was Bruised. Q. Did she have any bruises on her face?- A. One on the eye. Q. Did you see any others?—A. Yes. Q. Was Mr. FTank in your sight when you asked him what he wanted yqu to do with those things?—A. No. sir. he was not; that is. he was not where I could see him. Q. Well, he was on the first floor, then?—A. I don’t know. Q. You found a pice of ribbon down there, didn't you?—A. Yes. Q. But when you talked to Scott and Black you didn’t say anything about the «*hoes. hat and ribbon?—A. I don’t know, sir, except I told him I pitched them over there In front of the boiler Q. Who ran the elevator up?—A. I did. for Mr. FTank told me. I ran it up and he got on at the first floor before it stopped and said: “Gee, but that was a hot job,” and hit me kind of playful like Q. Isn't this the first time you have ever told about Mr. Frank hitting you when he ~ot on the elevator?—A. I told somebody about it. Elevator Was “Easy Like.” Q. There Is a big wheel at the top of the elevator, isn't there?—A. Yes. Q. When the elevator runs it just makes a little buzzing, like a June- bug?—A. It goes down easy. Q. Doesn’t it make much noise when it stops at the bottom?—A. No, it stops kind of easy like. Q. That is a silent elevator, isn’t it? —A. I don’t know. It don’t make much noise. Q. But don’t it just slide up and down, easy like without making any- noise?—A. Well, it makes some noise when it moves. HONS OFTHE SOUTH BLIFE By L. F. WOODRUFF. Sinister as a cloud, as raven as a night unaided by moon, planet or satellite. Jim Conley is to-day the most talked-of man in Georgia. His black skin has not been whit ened by the emancipation proclama tion. The record of his race for re garding an oath as it regards a drink of gin, something to be swallowed, remains unattacked. But Georgia is to-day listening to the words of Jim Conley with breath less interest. His every syllable has ten thousand of eager interpreters. His facial expression is watched as keenly as he answers the questions of Luther Rosser as would be the physi ognomy of the President of the United States be watched as he signed a declaration of war against Japan. Jim Conley has upset traditions of the South, even as the Phagan case ha« upset traditions that have livell for years through the length and breadth of the country. The South Listens. A w’hite man is on trial. His life hangs on the words of a negro. And the South listens to the negro’s words. Had Jim Conley happened to be a negro of the new type, now’ so fre quently seen in Dixie, a negro with education enough to halt his racial tendency to lying under fire; had he happened to be a negro of the old type, the type the South best loves and venerates, the Id slave that is faithful to the family he belonged to as a dog is to his master, tradition would still exist. But Conley has w-recked tradition. He is a negro of the type that the South has been trying since recon struction to destroy, the meagerly educated, shiftless, gin-guzzling, half anthropoid black that any nation could w’ell be rid of. But they are listening to Conley. The South has not thus suddenly for gotten the fact that negro evidence is as slight as tissue paper. The South has not forgotten that when w’hite man’s word is brought in com bat against negro's word, there is no question as to the winner. . Topsy Turvy Case. Here’s the answer. The entire Pha gan case has been as topsy turvy as the greatest creation of a Coney Island artist. “White people believing a negro!” you say and laugh. Why shouldn’t they, when a little factory girl can go into the innermost circles of the life of Peachtree street or Pace’s Ferry Road? She’s there. Mary Phagan alive could have approached these mansions of Atlanta’s aristocracy an hundred times in her plain little calico dress, and each time she would have been told to go to the back door. But Mary Phagan, dead, is to-day in every home in Atlanta where lares et penates are set up, be those household gods, simply a family Bible or the gem-encrusted w’edding crown which the wife of the household wore w'hen society fought to witness her wedding and hoi polloi struggled to catch a glimpse of her beauty as sne walked through the church chancel. A Theme for a Sermon. Mary Phagan in her lifetime never made much more than $5 a week. The laws of labor made that amount her portion. Twenty-five cents taken from her salary woul^ have probably caused the absence from the family table of the cabbage and biscuit that are playing such an important part in these cases. Now' the State of Georgia is paying out hundreds, yes, thousands of dol lars to discover and punish her slay- The FTank family is expendin Harry Thaw accomplished in his en tire life. There are few people who can re call to-day the name of Caesar Young, but there are few’ that forget the name of Nan Patterson. Caleb Pow’ers was charged with killing a Governor of Kentucky. The average man would have to seek ref erences to remember his name. But Mary Phagan died, and the case remains the Phagan case. Frank’s* name will be carried with it a few years, and then will be for gotten. The little factory girl will be re membered as long as law exists in Atlanta. It is* an awful shaft to erect. But it is more enduring than marble; it means more than man’s words have ever exoressed. 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