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TTTTC ATLANTA GEORGIAN AND NEWS. CRIME WAS THE DEED OF A SAVAGE NEGRO, DEFENSE CHARGES Couldn’t Have Happened as Conley Said It Did, Attorney Arnold Declares OFFICERS ARE ACCUSED " TO FIX GUILT ON FUK Continued From Pago 6. closet while Mrs. Clark and Miss Hall were there. He said this was after the murder, when there has been evi dence here that Mrs. Freeman and Miss Hall came and left before Mary P hag an came to the factory. "All of this story has been changed now, gentlemen. When h e % was on the stand, he swore that he thought it was Corinthia Hall and Mrs. Freeman. They changed it when they saw that it wouldn't fit. This thing of Frank hiding Conley in the closet is ridicul ous. Ther e was no necessity for Frank hiding Conley in the closet. “Notes Are Products Of Negro’s Brain.’’ "If Frank saw the women coming, he could have met them in the hall. He could have shut the door of his office. He was the boss of the plant. It is all so utterly ridiculous that it is almost useless to argue it. "And this thing of Conley watch ing. That was wholly unnecessary. And what a fine watchman he was? When Frank was in the metal room with the little girl and she screaming at the top of her voice, Conley let another girl in—Monteen Stover— and let her go upstairs and ramble all over the floor. And yet he was watching to see that no one inter rupted while Frank murdered the girl. "Now in his affidavit, Conley says that Frank told him to sit down, then said, ‘Jim. can you write?’ Now think of that. Conley admitted on the witness stand that he had been writing for Frank for two years, that he had written the names of pencils and made reports and that he had written notes to Frank, ask ing for loans. And yet the miserable liar says ‘Frank asked me if I could write.’ "Things like this, gentlemen, show what al iar this negro has been. My friend Hooper says how foolish it would have been of the negro to write these notes. I say, gentlemen, how foolish it would have been for Frank to write these notes. The notes are the product of a negro brain That is one thing that made me believe Newt Lee knew something of the murder. I believe Newt Lee discov ered the body before he says he did, • and I am forced to believe that Con ley killed the girl. "This question of ‘Can you write?’ Is a beautiful question for a man to ask one who has been writing for him for two years. A lie always catches up with itself. Conley says that Frank told him to write: ‘Dear. Moth er, a long, tall black negro did this by himself.’ Says Officers Stopped Conley in Confessing. , "Here Conley says Frank slapped him on the back and said, 'Jim. old boy, you’re all right.’ Just think of that. ’Jim, old boy, you're all right. You’re a trump.’ I just put In that trump myself, but that’s what he meant. “Now, Scott swore that he heard this negro sit down and write one of these notes for him, and how long did Scott say It took this negro? Why, he said It took him more than six minutes to write a part of it. Gentlemen of the Jury, do you really think this defendant slapped that ne gro on the back and said: ‘Jim, you're all right’? - Do you think any decent white man would have done that. Good LorS. just think of it. Lies, lies, lies. ’’And here he says Frank sat down tn his chair, the chair that turned around, and reared back at him and then gave him a cigarette. He says Fran k handed him a cigarette blx. He talks at first like the box was full oi cigarettes. Then he says the box nad money in it, and when he told Mr. Frank there was money there Mr. Frank told him to keep it Joying all the way through. ‘•Listen at this. After he had done this he said that Mr. Frank stood there and said, ‘Why. should I hang? I have wealthy folk;, In Brooklyn.’ Ah, why should I hang.’ Gentlemen, the papers had been full of the fact ' for a week that Frank had relatives In Brooklyn. Everybody thought he was wealthy, but he wasn’t. The only wealthy relative he had is his uncle, Mr. Frank, here in Atlanta, who made his money in Atlanta. Peo ple say, but how could Conley have made that up? I don't know how he did it, but it was a monstrous lie. t There he sat in his cell and lying in every direction—baying at the moon And then the officers kept after him. "lie wanted to confess but he never had a chance to. He would start off to confess and they would stop him. They would say, ’Stop, stop, now wait a minute.’ “Now he said in this affidavit that Frank ‘rubbed his hands and then rubbed his face, rolled his eyes, then rubbed his hands again. I asked where is Snowball? Yea, in his ex tremity he asked for Snowball. Give me Snowball, give me Snowball.’ Ah, give me liberty or give me death. “Must Believe Whole Story or None of It.’’ “Then he said Frank’s reason for wanting him to write the notes was that he wanted to send them to his relatives in Brooklyn to show them what a good nigger he was. He didn’t know the reason why. “Now’, gentlemen, do you think that any sane man would have ever told that to an insane negro? Now, look at what these notes were that EADE’S fimn Popular Remedy for Gout. Rheumatism, . Sciatica, Lumbago: pains in I the head, face ami limbs. All druggists. E. FOUGERA & CO., Inc* I Agents for U. S . 90 Beckman St., N. Y. Jim Says Frank told him he was going: to send away. Listen how it starts: " ‘Dear Mother, he said he would love me.’ Gentlemen, is that within reason? Is it within reason to be lieve that Frank told this n#gro that? It is a lie, base, infamous, prepos terous. ja “Unless you believe every word Jim Conley has said, the State has got no rase at all. You have got to swallow guts, feathers and all or not take anything. When he said that about those notes, and right in the same breath said: 'Don’t take out one dol lar for that watchman,’ his mind was wandering. He followed that right away by saying: ‘And Frank said that big. fat wife of mine wants me to buy her an automobile.’ "Conley had seen her around the factory sometimes and put that in to make his lie sound the more reason able. It Is unkind for them to say she would not go down to the jail to see her husband. As a matter of fact she was very anxious to go down and see him and it was only at his specific request, almost a demand, that she stayed away, because he knew the newspapers would snapshot her, and that she would see him in a cell. “His motives were the purest. No gentleman would want hi§ wife to see him in jail and you know it. It was the only thing for a gentleman to do. Reads Statement of Pinkerton Detective. “Of course tha.t didn’t satisfy them. Anybody could see he was dodging being at the building. His first state ment got him into it, all right. They knew there was more. I am going to show’ you, that in the next state ment, there never was a man guided and protected more from becoming a principal in a crime. He was helped. “I read you the testimony of Mr. Scott, a detective called as a wit ness by Solicitor Dorsey My friend Hooper thinks you have got to believe Conley because he did not break down on the stand. I have seen hon est men go to pieces on the stand, and I have seen the blackest liars on earth look the judge and the jury straight in the face and tell their tales. "But here's Mr. Scott’s story of how he made a statement.” Attorney Arnold proceeded to re id Scott’s testimony. “Listen to these words of Scott: ‘We tried to get him to add to or confirm the earlier statement he had made. He would say nothing furth er. We saw him again in I^anford’s office for six or seven hours. We tried to impress on him that his statement about writing the notes on Friday would not fit. We saw him in Lanford’s office the next day for five or six hours. We pointed out that the time of the note-writing would not fit at all. On that day he chang ed it to Saturd-y.” “Is anything clearer than that? Yet In this statement Conley stuck to the parts of the story about what he did Saturday morning. “Tracks of Perjury Clear in This Case.’’ "I can hear the detectives now: ‘Conley, we want you to tell enough about this crime to convict Frank, but not enough to get yourself in dicted. We want you as a witness.’ "Gentlemen, I hope I make myself clear. This is one of the slickest pieces of business ever pulled off on the face of the earth. I don’t mean they literally- told Conley that, but their suggestion w r as mighty strong. They had taken them from Uncle Wheeler and turned him over to Lanford, Black and Scott. Scott says they told him what didn’t fit. Think of that, gentlemen. He told him what didn’t fit. "Convict a man on this? It is hard to believe a negro at any time, but to convict a man on this testimony— "They say that negro is smart; that he withstood Mr. Rossers attack. He is smart. He is well acquainted with the law. They did not have him hide the body of a murdered girl. He would have been guilty under the law. They had him say she had fall en and got hurt; that he did not know she was murdered. Isn’t it clear? Just enough to put all the guilt on Frank and keep the negro free as a witness? "The idea was to show that the other man killed the girl but Conley did not get into it himself. Gentle men, the tracks of uerjpry in this I case are as big as elephant tracks, i They stand out like buildings. "When we came into court we j thought we had to believe his state ment of May 29. Why couldn’t he have told the truth then? In his first statements he said he hadn’t | t' Li the truth because he thought Mr. Frank would help him. But he had I rut loose from Mr. Frank at this time | and on May 29 Conley swore that he saw that Mr. Frank wasn’t going to help him and he decided to tell the truth. Pictures Conley Killing Phagan Girl. "That statement was what we came here to answer. Since then Conley says: ‘I have had new reve lations. Mr. Dorsey saw me seven times. Starnes and Campbell had regular seances with me I saw ev erything in a new light. I made lots of changes in my testimony.’ ’’ Arnold pioked up Harry Scott's testimony and read from it where Scott had told about detectives talk ing to the negro and getting him to add to and change his testimony. Arnold continued: "Doe-: Jim Con ley tell a thing because it is the truth or because it fits into something else they have in the case. Harry Scott says they told the negro to get his story so that it would fit. Conley says that after Mr. Dorsey and Starnes and my Irish friend, Patrick Campbell, saw him that he changed and added to his story. "Are you going to hang a man on evidence like that? Where have we drifted, if I have to argue this? If we can’t do this man Justice we are less than men. We are spineless grubworms. I am not afraid to espouse his cause and talk it because it has for its foundation that rock of truth. I have the approval of my own conscience. "The man who wrote the notes killed Mary Phagan. Conley admits he was in the factory slinking in the shadow of the dark passageway near the elevator when this little innocent girl tripped down the stairway. "Gentlemen, I am telling this as in all probability it happened. It took but the twinkling of an eye for the deed. In two steps, the drink-crazed negro rushes forward and grabs the mesh bag from her hand. "Probably robbery was his only motive. The little girl held on to her mesh bag. She struggled, the drunk en brute hit her in the eye. She fell unconscious, her head striking the floor. It was but a moment’s work to throw the body down the elevator shaft. Then the negro hung aroun i until Frank left, carried the body back Into the deep recesses of the basement and wrote the notes. "What is more ^robable—that • r the lying, rotten ridiculous story of the negro Conley which he told ■>n the witness stand? Arnold then picked up the court records and read portions of Con ley’s testimony to show that it had been changed, and how long It took Dorsev and his men to get it changed. “Now every time he corrected his s^’pment he added to it, assisted by Dorsey, Campbell and Starnes. In his previous statements he never said anything About seeing Mary Phagan come In, but it had to fit the evidence that she came in after Monteen Stover and he said ‘AH right boss, Just p-ut it that way.* "Then he never said anything about seeing Frank come running back, but they told Conley he could hear it, and he heard it. "Then they said to Conley, 'We’ve got an idea Frank is a moral pervert.’ and asked him if he had not watched for Frank on previous occasions, and he said, ‘Yes, boss, I expect I did.’ Then they said, ‘Conley there’s a fel low named Dalton who used to go down there. We will bring him up here and let you see if you don’t know him.’ And he said, ‘Yes, boss, sure I do.’ And then there’s that lewd girl, and he said he knew her, too. "There is that cord around the girl’s neck He didn’t see that the first time, but he sees it now, all right. And the mesh bag. He never saw that until Dorsey put him up In re buttal. He couldn’t see It on the di rect examination at all, and he never said anything at all about that pay envelope because, gentlemen of the jury', robbery was the motive, and he had the envelope and money. Asks Why Negro Was Removed From Tower. "Finally my friend Dorsey on his last examination, asked about that bag. That was the straw that broke the camel’s back, the crowning lie of all. Conley said yes, he had seen it— Frank had it on his desk. He didn’t say anything about that envelope. He stole that for the money. "Gentlemen, I have got to hurry on. What was the object in taking Con ley from the jail t** the police sta tion? Is Sheriff Mangum an honest man? I have alw'ays heard he was. but he runs the Jail fairly and not to convict people. "They said it was awful that Frank would not face Conley. Frank told you w f hy he wouldn’t. Who would want to get into a row’ with that ne- ero? Would it do any good? Then think of the possibilities of having your statement twisted and distorted. We have got in court the evidence of the man w r ho w’rote the two notes. W T e have got his own statement and perhaps the evidence of others that he was lurking in that hall. "Gentlemen, is a life work nothing? Is It worth nothing for a man to wor.c hard on a little salary and try *o hold up his head? Is his word worth nothing against a drunken brute like this? This little child who was found brutally murdered In the basement' of the factory—she couldn’t inspire a crime like that in an intelligent white man. I have always said, the man who wrote those notes and who left incriminating evidence in the elevator shaft was the man wtio com mitted the crime. Displays Chart of Frank’s Movements. "But take the defendant—this man’s race don’t kill people. They are not violent people. You may say some of them are immoral, and they may be Immoral, but they don't carry it to the extent of murder. But a black brute like Jim Conley would murder; a brute like him would try to do something to hide the body. The killing of Mary Phagan was a black brute’s crime. This negro had the lust for the little girl in his mind. He had been carrying it in his mind, and I believe this man Jim Conley killed her.” Arnold had the deputies to unwrap a long package which he had brought to the court room, a long printed chart of Frank’s movements Memo rial Day. It wa*i arranged in a tabu lation of minutes. “First, I will discuss Mary Pha- gan’s movements Memorial Day, and then the time Jim Conley said it took film to do what he alleges he did. Then I will take up Frank's move ments, showing what he did and just how long It took him. "Let's get back to the little girl’s movements. First, the State put up little George Eppe. And ever since they have been trying to knock him off. Epps says he got off the car at about 7 minutes past 12 at the cor ner of Forsyth and Marietta streets. I have always rather doubted that this little boy was as friendly with Mary as he says he was. "Then Hollis eays that he arrived at the corner of Broad and Marietta at 5 or 6 minutes after 12. Matthew’s says he knew’ her well and took her around to Hunter and Broad streets. The State has been trying to bulldoze these two witnesses ever since they went on the stand. Phagan Girl’s Steps Retraced in Detail. "One witness w'hose watch had been in soak for six months and w’o didn’t have a watch on Memorial Day* says he looked at his watch and saw Mary Phagan at 3 ininute s after 12. Then they had other witnesses to get up and swear all sorts of things, and yet there were even other witnesses w T ho have w'alked from Forsyth and Mari etta streets and from Broad and Hun ter streets to the pencil factory, and the time it took them to walk there even according to their own witnesses would put little Mary Phagan at the factory at 8 minutes past 12. "They have put up men like this fellow Kenley, who would lead a mob of forty men and who would Tun at the crack of a pop-gun. This man eKniey never saw Mary Phagan any more than I did. "Now, let’fi take little George Epps again. Would Dorsey say that his own witness lied? If Epps, Hollis and Mathews are telling the truth, Mary Phagan reached Mr. Frank’s office sime time between 8 and 11 1-2 min utes past 12. Now the State is trying to do everything it can to get away from the Epps evidence. I am taking it to be the truth. "F*rank says she got there at about 12:07. I would take the dead girl’s mother’s word, and she said Mary left there at a quarter of 12. The sched ule to town is seventeen minutes. The cars are due at Broad and Marietta at 12:07. We’ve got the schedule; our witnesses and their witness, Epps and Mary Phagan’s mother’s word, and every one of them puts her there at this time. Time Discrepancies Emphasized to Jury. "So we take it she rot to the fac tory aibout 12:12, and I stand on that. We oan’t change watches and sched ules to suit Dorsey. Next, how long did It taka to go through Conley’s performance. Continued on Page 14. CHAMBERLIN=J0HNS0N=DuB0SE CO. ATLANTA NEW YORK PARIS A Wise Men will make more op portunities than he finds. Ninety-nine per c e n t of the great in dustries and busi nesses of to-day were ereated and not found. They were built by men who had the vi sion to see the needs of their time, and the brains and energy to meet the demand. But opportunities rail for cash or credit. Build up a cash re serve in the bank, and you will have the former and can get the latter. $1.00 starts the ac count, and 4 per cent interest paid. We are United States depository for Postal Savings fund. Georgia Savings Bank & Trust Co. Atlanta’s Oldest Savings Bank Grant Bldg. A Fine Day For You, Mr. Man To-morrow we shall furnish you with furnishings, as shirts, sox, ties, pajamas and the like are called, at such very little prices that the sale might properly be called a Harvest Sale. Now lets analyze it— To begin with, here are Men’s $1.00 Shirts at 68c And they are all fresh and fine, just out of their boxes (we drove a good bargain). They are negligee coat styles, with attached cuffs, soft, fine percale,'white ground wdth black, tan, blue and lavender stripes, neat, good-looking shirts, and white madras. Sizes 14 to 17 to begin with. Next comes The Clearaway of “Onyx” Sox Hardly any need of telling a man how fine "Onyx” sox are— they are priced now in this fashion merely because of the well de fined principle of merchandising at Chamberlin - Johnson - DuBose Co.’s, new stocks with the new season. They are lisle hose, double sole, toe and high spliced heel. Choose from black, tan, gray, navy and red. 35c Sox 23C 50c Sox 3 Z* $1.00 And then Night Shirts and The Night Shirts V neck and low military col lars; of cambric, longcloth and nainsooks. Trimmed with braids. The scale of reductions— 50c Values 38c 75c Values 58c $1.00 Values .... 75c $1.50 Values .. $1.10 Pajamas Are Priced The Pajamas Of nainsook and soisette in white, cream, blue and tan, also white striped in lavender, blue and black. Trimmed with silk and cotton frogs. The scale of reductions— .. 75c $1.10 $1.35 $1.00 Values . $1.50 Values . $2.00 Values . Also— 50c Washable Silk and Madras Ties are marked at half price, 25c; white with panel stripes of black, blue, tan, lavender, green and red and solid white. Chamberlin=Johnson=DuBose Co. Chamberlin = Johnson = Du Bose Co. ATLANTA NEW YORK PARIS Remnant Day In the Dress Goods and Silks The Selling Starts at 9 o’Clock A remnant sale of woolens in late August is worth two in Feb ruary. With children starting to school within a few weeks, with the fall season peeping around the comer of the month and all the needs for woolen dress goods that this will bring, the skirts, the suits, the coats—this remnant sale immediately takes on the appearance of a fine opportunity. We have sifted stocks for this sale. Nothing that was in a length from one to five yards escaped and the result is a fine selection and a broad one, and a great saving on every yard. Included are< Serges Herringbone Stripes Voiles BasketWeaves Whipcords Challis Eoliennes Batistes Diagonals Checked Worsteds Cheviots Broadcloths Many colors and combinations of colors and black. Regular Prices Are Reduced One-Third, One-Half and More The Silks Surprising quantities have accumulated within the last few weeks. They must be disposed of. There is no room for them in all this big store, particularly now that so much new merchandise is coming in, and what worthy kinds these remnants are. Poplins Messalines Foulards Crepe de Chines Crepe Meteors Marquisettes Kimono Silks Wash Silks Satins Taffetas Chiffons Lengths from one-half yard to nine yards. Regular Prices Are Reduced One=Third, One=Half and More None sent C. 0. D. or on approval. None will be exchanged. An added attraction to the Silk Remnants is $1.00 Wash Silks at 69c a yard, 33 inches wide, and you may choose from white with black, blue, gray or lilac stripes. No question about how they will look after a tubbing. Agents for Butterick Patterns and Publications. Chamberlin = Johnson = DuBose Co