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The Atlanta Journal

Wednesday, June 25, 1913

Few Developments Expected Between Now and July 28, Conley Is Grilled

The statements made by Solicitor General Hugh M. Dorsey and by Reuben R. Arnold and Luther Z. Rosser, the counsel for the defense before the postponement of the trial of Leo M. Frank from June 30, the date set by the solicitor, to July 28, indicate very strongly that neither side expects further developments of importance in the investigation.

Mr. Dorsey told the court that his case was complete and that he was ready for trial. All of the statements by Attorneys Arnold and Rosser indicate that they also have completed the preparation of the defense and are ready for the court fight.

One of the most interesting of the statements made by counsel was that of Mr. Arnold, who said that it would take two weeks to try the case, showing that the defense will have many witnesses, and will come to court prepared to fight every inch in the case.

The action of the defense in demanding through subpoenas duces tecum practically all of the affidavits of importance which have been made the detectives during the Phagan investigation seems to bear out the theory published in The Journal that the defense will consist of the corroboration of Frank's story as told at the inquest by a number of witnesses, and of an effort to establish, largely by the detectives themselves, the theory that the negro James Conley is guilty of the crime with which Frank is charged.

It is certain that Conley's story will be attacked through his many varying affidavits, and much evidence to assist Frank will be brought out through the city detectives, who charge him with the crime.

The substance of all of the affidavits demanded by the defense is known. Conley's varying affidavits have long formed one of the sensations of the case. Miss Grace Hix, it will be remembered, identified Mary Phagan's body, while Miss Monteen Stover declares that she came to the pencil factory of the date of the tragedy at 12:05 o'clock and found no one in the office, not even Frank, who had testified that he was there at that hour.

W. M. Matthews, whose affidavit is also wanted, is a street car motorman working on the English avenue line. He states that a girl, whom he afterwards learned was Mary Phagan, boarded his car near Bellwood avenue on the date of the tragedy, and that she left it about 12:10 o'clock at Broad and Hunter streets.

The statement of the motorman will be valuable to the defense for the reason that the little newsboy who swears he rode to the city with Mary Phagan the day she met her death, states that she got off the car at Forsyth street and went over the viaduct, while he went under it to get some papers.

Jim Conley, the negro sweeper, is said to have gone through another grilling at police headquarters, Detectives Starnes and Campbell having shortly before noon Tuesday conferred for a long time with him in a cell at police headquarters.
Transcript
00:00Both sides are ready for trial of Frank, the Atlanta Journal.
00:03Wednesday, June 25, 1913. Few developments expected between now and July 28, Conley is
00:09grilled. The statements made by Solicitor General Hugh M. Dorsey and by Reuben R. Arnold and Luther
00:15Z. Rosser, the counsel for the defense before the postponement of the trial of Leo M. Frank
00:20from June 30, the date set by the Solicitor to July 28, indicate very strongly that neither
00:27side expects further developments of importance in the investigation. Mr. Dorsey told the
00:32court that his case was complete and that he was ready for trial. All of the statements
00:36by attorneys Arnold and Rosser indicate that they also have completed the preparation of
00:41the defense and are ready for the court fight. One of the most interesting of the statements
00:46made by counsel was that of Mr. Arnold, who said that it would take two weeks to try the
00:50case, showing that the defense will have many witnesses and will come to court prepared to
00:55fight every inch in the case. The action of the defense in demanding through subpoenas,
01:00deuces teakum practically all of the affidavits of importance which have been made the detectives
01:05during the Fagan investigation, seems to bear out the theory published in the journal that
01:10the defense will consist of the corroboration of Frank's story, as told at the inquest by a
01:15number of witnesses, and of an effort to establish, largely by the detectives themselves,
01:20the thory, that the Negro James Conley is guilty of the crime with which Frank is charged.
01:27It is certain that Conley's story will be attacked through his many varying affidavits,
01:32and much evidence to assist Frank will be brought out through the city detectives who charge him
01:37with the crime. The substance of all of the affidavits demanded by the defense is known.
01:42Conley's varying affidavits have long formed one of the sensations of the case.
01:46Miss Grace Hicks, it will be remembered, identified Mary Fagan's body, while Miss Monteen Stover declares
01:53that she came to the Penchel factory of the date of the tragedy at 12.05 o'clock and found
01:58no one
01:59in the office, not even Frank, who had testified that he was there at that hour. W.M. Matthews,
02:05whose affidavit is also wanted, is a streetcar motorman working on the English Avenue line.
02:10He states that a girl, whom he afterwards learned was Mary Fagan, boarded his car near
02:15Bellwood Avenue on the date of the tragedy, and that she left at about 12.10 o'clock at Broad
02:20and
02:21Hunter Streets. The statement of the motorman will be valuable to the defense for the reason that the
02:25little newsboy who swears he rode to the city with Mary Fagan the day she met her death, states that
02:30she got off the car at Forsyth Street and went over the viaduct while he went under it to get
02:35some
02:35papers. Jim Conley, the Negro sweeper, is said to have gone through another grilling at police
02:40headquarters. Detective Starnes and Campbell, having shortly before noon Tuesday, conferred for a long
02:45time with him in a cell at police headquarters. It is said that Conley has in no way changed the
02:50story he told when his last affidavit was signed. Apparently the detectives are not yet satisfied with
02:55the story told by Conley, as again Wednesday morning the Negro was put on the grill by officers
03:00who visited his cell at headquarters. Chief of police J.L. Beavers, when questioned as to the
03:06reason of the sudden determination of the detectives to resume the examination of the Negro, stated that
03:12no special significance was to be attached to the action. We have not yet been able to break the Negro's
03:18story, the official said, nor have we found witnesses who can prove that it is incorrect.
03:24It is said that the questioning of the Negro has been resumed at the instance of solicitor Dorsey,
03:29who desires that the detectives examine the Negro on every point, regardless of how insignificant it
03:35may seem. The officials deny that anything has occurred to change their theory of the case.
03:41A story published under a Washington Dateline Wednesday stated that Senator Hoke Smith has
03:46denied that an effort has been made to interest him in the frank defense. Luther Z. Rosser, when asked
03:52to comment on the report, said that he had nothing to say except that the matter had been correctly
03:57stated by the senator. It was learned definitely Whedon's day that there will be no effort to
04:02thrash out the matter on subpenus duca tecum, served to stated officers to produce many affidavits
04:07made in the Fagan investigation when court meets Monday. The matter will not come up until the actual
04:13trial of Frank is entered into. While the subpenus ordered the affidavits produced on June 30th,
04:19the documents read,
04:20or any other time that the case of the state against Frank may be tried in the Superior Court.
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