Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 22, 1913, Image 7
3
THE ATLANTA GEOROTAN ANT) NEWS.
h
CRIME WAS THE DEED OF A SAVAGE NEGRO, DEFENSE CHARGES
Couldn’t Have Happened as Conley Said It Did, Attorney Arnold Declares
TO FIX GUILT 01 FUR
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
Phagan came to the factory.
"All of this story has been changed
* now, gentlemen. When he 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. There 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 ‘Prank 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 thl9 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 Lord, Just think of it Lies,
lies, lies.
"And here he says Frank sat down
In his chair, the chair that turned
around, and reared back at him and
then gave him a cigarette. He says
Frank handed him a cigarette blx.
He talks at first like the box was
full of cigarettes. Then he says the
box had money in It, and when he
told Mr. Frank there was money
there Mr. Frank told him to keep It.
Lying 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 folks In Brooklyn.'
Ah. why should I hang.’ Gentlemen,
the papers had been full of the fact
V for a week that Frank had relatives
1n 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 sav, but how could Conley have
made that up? I don’t know how he
did It, but it was a monstrous lie.
There he sat in his cell and lying In
every direction—having at the moon.
And then the officers kept after him.
‘Tie wanted to confess hut 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
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 negro that ?
It Is a lie, base. Infamous, prepos
terous.
"Unless you •believe every word Jim
Conley has said, the State has got no
case 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 his 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 that 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.
a-ott, 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 jur;--
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 read
Scott’s testimony.
"Listen to these words op Scott:
TVe 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 Lanford’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 stunk
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 was 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 ^.nd 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
case are as big as elephant tracks.
They stand out like buildings.
"When we came into court we
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
told the truth because he thought Mr.
Frank would help him. But he had
I cut 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: "Does 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 ^robabld—that 'r
the lying, rotten ridiculous story of
the negro Conley which he told in
the witness stand?
Arnold then picked up the court
record* and read portions of Con
ley’s testimony to show that it had
been changed, and how long it took
Dorsey and his men to get it changed.
“Now every time he corrected his
statement 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 tire evidence
that she came In after Monteen Stover
and he said 'All right boss, just put
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
timd, 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’
say anything about that envelope. He
stole that for the money.
"Gentlemen, I have got to hurry, on.
What w'as the object in taking Con
ley from the jail t" the police sta
tion? Is Sheriff Mangum an honest
man? I have always 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'hy he wouldn’t. Who would
want to get into a row with that ne-
pto? 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 who wrote the two notea.
We 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 who 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 belUve 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 was arranged In a tabu
lation of minutes.
"First, I w’ill discuss Mary Pha-
gan’s movements Memorial Day, and
then the time Jim Conley said It took
nlm 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 Epp«t 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 streeta
I have always rather doubted that
this little boy was as friendly with
Mary as he says he was.
"Then Hollis* stays 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 wo didn’t
have a w’atch on Memorial Day says
he looked at his watch and saw Mary
Phagan at 8 minutes after 12. Then
they had other witnesses to get up
and swear all sorts of things, and yet
there were even other witnesses who
have walked 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 run at
the crack of a pop-gun. This man
eKnley never saw Mary Phagan any
more than I did.
"Now, let’s 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 la trying
to do everything it can to get away
from the Epps evidence. I am taking
it to be the truth.
"P'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 got to fhe fao-
tory afoout 12:12, and I stand on that.
We can’t change watches and sched
ules to suit Dorsey.
Next, how long did It take to go
through Conley's performance.
Continued on Page 14.
E ADE’S
OUT m
I for Gout- Rheumatism,
I Sciatica, Lumhajro: pains in
I the head^ face and limbs. All anqrtfists.
I Agents for U. 8 . iM) Iterkmun
A Wise
Mae
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
created 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
call 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
& Trusl Co.
Atlanta’s Oldest
Savings Bank
Grant Bldg.
CHAMBERLIN-JOHNSON-DuBOSE CO.
ATLANTA
NEW YORK
PARIS
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 with 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 r s $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.
ChamberlindohnsofrDuBose 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 ares
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 stoye, particularly now that so much new merchandise is
coming in, and what worthy kinds these remnants are.
Poplins Messalines Satins
Foulards Crepe de Chines Taffetas
Crepe Meteors Marquisettes Chiffons
Kimono Silks Wash Silks
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.