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Saturday, June 14, 1913

With certain of the strong defenses of Leo M. Frank exposed by the preliminary battle over the custody of the negro Conley, the prosecution in the Phagan murder mystery went to work on the case to-day with its first definite idea of the sort of a stronghold it must assault.

It was assured that the accused man's lawyers would not rest with fighting suspicion away from Frank, but would seek to fasten the guilt so firmly upon Conley that Frank not only would be acquitted, but that he would be cleared of every stain which has been cast upon his name and reputation by the terrible charges lodged against him.

Report was rife Saturday morning that the attorneys for Frank had not yet acknowledged defeat in their efforts to have Conley confined at the Tower instead of at the police station, where they charge he is improperly protected and "petted" by the detectives. The next move was rumored to be the swearing out of a warrant charging the negro with the murder, to compel Conley's removal to the Tower.

Attacked by Rosser.

Luther Z. Rosser, chief of counsel for Frank, has branded at most unusual and irregular the procedure which has allowed the negro, who has confessed to being accessory after the fact, to be left without an indictment[…]

Continued on Page 2, Column 1.

STATE PLANS TO BREAK FRANK DEFENSE

Continued From Page 1.

[…]against him on the charge to which he has virtually pleaded guilty.

Rosser urged an impartial investigation into the possibility that he is even more seriously connected with the crime which resulted in the grewsome death of Mary Phagan.

Chief of Detectives Lanford said Saturday when he was apprised of the contemplated move of those who wish to see the negro's stories investigated by an impartial body that he assuredly would honor any warrant which on its face appeared bona fide, but that he would fight any effort to take Conley to the jail, which he suspected had back of it the animus of persons unfriendly to the negro and friendly to Frank. Lanford asserted that all of his actions in the Phagan mystery had been inspired by the desire to get the guilty man, and that it was his conviction that the negro was only a tool after the actual crime.

Guarding Against Surprise.

After the developments of Friday, it became evident that the prosecution, while it is busying itself in an effort to place the crime on Frank, must guard against the surprise of finding all of a sudden that the defense has stolen a march and has in the meantime shifted every tenable suspicion directly upon the negro Conley.

Most of the evidence must be circumstantial. Even the negro's succession of contradictory affidavits, if any one of them is to be accepted, must be regarded as circumstantial, for in none of them does he say that he saw the killing of the girl. She was dead, he avers, when he first saw the body.

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00:00State takes advantage of points known. The Atlanta Georgian, Saturday, June 14th, 1913.
00:06With certain of the strong defenses of Leo M. Frank exposed by the preliminary battle over
00:11the custody of the Negro Conley, the prosecution in the Fagan murder mystery went to work on the
00:16case today with its first definite idea of the sort of a stronghold it must assault.
00:20It was assured that the accused man's lawyers would not rest with fighting suspicion away from Frank,
00:26but would seek to fasten the guilt so firmly upon Conley that Frank not only would be acquitted,
00:31but that he would be cleared of every stain which has been cast upon his name and reputation by the
00:36terrible charges lodged against him. Report was rife Saturday morning that the attorneys for Frank
00:41had not yet acknowledged defeat in their efforts to have Conley confined at the tower instead of at
00:46the police station, where they charge he is improperly protected and petted by the detectives.
00:52The next move was rumored to be the swearing out of a warrant charging the Negro with the murder
00:57to compel Conley's removal to the tower. Attacked by Rosser
01:02Luther Z. Rosser, Chief of Counsel for Frank, has branded at most unusual and irregular the procedure
01:09which has allowed the Negro, who has confessed to being accessory after the fact, to be left without
01:14an indictment, continued on page 2, column 1. State plans to break Frank defense, continued from page 1,
01:20against him on the charge to which he has virtually pleaded guilty. Rosser urged an impartial
01:26investigation into the possibility that he is even more seriously connected with the crime which
01:30resulted in the gruesome death of Mary Fagan. Chief of Detectives Lanford said Saturday when he was
01:36apprised of the contemplated move of those who wished to see the Negro stories investigated by an
01:41impartial body that he assuredly would honor any warrant which on its face appeared bona fide,
01:46but that he would fight any effort to take Conley to the jail, which he suspected had back of it
01:52the
01:52animus of persons unfriendly to the Negro and friendly to Frank. Lanford asserted that all of
01:57his actions in the Fagan mystery had been inspired by the desire to get the guilty man, and that it
02:03was his conviction that the Negro was only a tool after the actual crime, guarding against surprise.
02:09After the developments of Friday, it became evident that the prosecution, while it is busying itself in
02:14an effort to place the crime on Frank, must guard against the surprise of finding all of a sudden
02:19that the defense has stolen a march, and has in the meantime shifted every tenable suspicion directly
02:24upon the Negro Conley. Most of the evidence must be circumstantial. Even the Negro's succession of
02:31contradictory affidavits, if any one of them is to be accepted, must be regarded as circumstantial,
02:37for in none of them does he say that he saw the killing of the girl. She was dead,
02:42he avers, when he first saw the body, so the death might have been quite accidental,
02:47even if every word of the Negro's latest affidavit is to be believed. From the fact that the evidence
02:52is so purely circumstantial, and that it is a matter of grave doubt whether any of the Negro's
02:57statements can be accepted as having any element of truth, the defense will maintain, it became evident
03:03from its attitude Friday, that the evidence points far more certainly and positively toward Conley as
03:09the murderer than toward Frank. Absolutely nothing of a suspicious nature has been brought against
03:14Frank, the defense will assert, except that he had the opportunity. On the other hand, a score of
03:19suspicious circumstances will be brought against the Negro. The work of the prosecution from this time
03:24on will be the adding of confirmatory evidence to the Negro's stories. The detectives have professed to
03:30have a great amount of evidence bearing out Conley's statements of what happened in the factory on the
03:35day of the murder. They have said that they are keeping much of this undercover for the purposes
03:40of prosecution until the trial of Frank begins. When taxed with the question as to how they could
03:46believe the Negro's latest statement and accept it as the unqualified truth, when the Negro admittedly
03:52had told a string of lies and falsehoods previously, they have said that they will not have to depend on
03:58the Negro's story alone, but will have substantiating evidence to bolster up every statement that he has
04:04made. Besides the collecting of confirmatory evidence, the prosecution is busy in an effort
04:09to break down Frank's iron-bound alibis. So strong have these alibis been established, it has appeared
04:15that they are unassailable, but the Solicitor General is overlooking no chances and has had his agents
04:21investigating Frank's every movement on the day of the crime.
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