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Monday, June 30, 1913

DEFENSE PLANS TO TEAR DOWN CONLEY TALE*

* This headline appeared on Page 3 of the Georgian.

Expect to Prove Frank Innocent By Discrediting Negro's Story Of Phagan Crime.

Warned that the State is basing practically all of its expectations of sending Leo M. Frank to the gallows on the dramatic story told by Jim Conley, the defense this week is completing the collection of a strong line of evidence with which it is planned utterly to discredit the negro's statements and his testimony in court.

Conley again has insisted on confronting Frank. He says he is certain if he can meet the factory superintendent face to face he can make him "tell the whole story." The negro has told the detectives he not only is willing, but is eager to repeat in the presence of Frank the story of the disposal of Mary Phagan's body just as he has related it a dozen times since he first made the sensational acknowledgment that he had a part in the crime.

It is regarded as most unlikely that the two will be brought together. Luther Z. Rosser, attorney for Frank, has refused to make any definite statement of his attitude in the matter, but it is known he looks with suspicion on every word and every act of the negro. He has given the impression that he is not unwilling for his client to face the negro, but that he regards the court room as the proper place for the meeting and the actual trial of Frank as the proper time. For this reason, the dramatic moment when accuser and accused confront each other in all probability will be saved for the time when the legal battle is in progress for Frank's life.

Attack Planned on Negro.

At this time, it is the intention of the defense to begin with the first statements by which Conley connected himself with the case after he had remained silent for two weeks following his arrest. Frank's lawyers will take the separate details of the negro's affidavits, one by one, and seek to show that in the light of probabilities they are utterly absurd and ridiculous.

Particular emphasis will be placed on the fact that the negro has lied deliberately many times in the stories he has told of his connection with the crime. The defense will take the position that it is most unreasonable for the State, after the negro has made two affidavits admittedly perjuries, to base its case on a third affidavit which it holds is absolutely true.

In the firm belief that Conley's renewed demand to be brought face to face with Frank is a mere subterfuge by which the negro is seeking to shift the blame for the crime, Attorney Rosser is expected to give him a most merciless grilling when he is called to the witness stand by the State. The defense makes no secret of its expectation of breaking down the negro's tale. An open court confession would not surprise them, they say.

Believes Conley Won't Break.
Transcript
00:00Conley Tale is Hope of Defense. The Atlanta Georgian Monday, June 30, 1913.
00:05Defense plans to tear down Conley Tale asterisk asterisk. This headline appeared on page 3 of
00:11the Georgian. Expect to prove Frank innocent by discrediting Negro's story of Fagan crime.
00:16Warned that the state is basing practically all of its expectations of sending Leo M. Frank to
00:21the gallows on the dramatic story told by Jim Conley, the defense this week is completing the
00:27collection of a strong line of evidence with which it is planned utterly to discredit the Negro's
00:31statements and his testimony in court. Conley again has insisted on confronting Frank. He says he is
00:39certain if he can meet the factory superintendent face to face he can make him tell the whole story.
00:44The Negro has told the detectives he not only is willing but is eager to repeat in the presence of
00:49Frank the story of the disposal of Mary Fagan's body just as he has related it a dozen times since
00:55he
00:55first made the sensational acknowledgement that he had a part in the crime. It is regarded as most
01:01unlikely that the two will be brought together. Luther Z. Rosser, attorney for Frank, has refused
01:06to make any definite statement of his attitude in the matter but it is known he looks with suspicion
01:11on every word and every act of the Negro. He has given the impression that he is not unwilling for
01:16his client to face the Negro but that he regards the courtroom as the proper place for the meeting
01:21and the actual trial of Frank as the proper time. For this reason the dramatic moment when accuser and
01:28accused confront each other in all probability will be saved for the time when the legal battle is in
01:32progress for Frank's life. Attack planned on Negro. At this time it is the intention of the defense to begin
01:39with the first statements by which Conley connected himself with the case after he had remained silent for
01:44two weeks following his arrest. Frank's lawyers will take the separate details of the Negro's affidavits
01:50one by one and seek to show that in the light of probabilities they are utterly absurd and ridiculous.
01:57Particular emphasis will be placed on the fact that the Negro has lied deliberately many times in the
02:02stories he has told of his connection with the crime. The defense will take the position that it is
02:07most unreasonable for the state after the Negro has made two affidavits admittedly perjuries
02:12to base its case on a third affidavit which it holds is absolutely true. In the firm belief that Conley's
02:19renewed demand to be brought face to face with Frank is a mere subterfuge by which the Negro is seeking
02:24to
02:25shift the blame for the crime, Attorney Rosser is expected to give him a most merciless grilling when he is
02:30called to the witness stand by the state. The defense makes no secret of its expectation of breaking down the
02:36Negro's tale. An open court confession would not surprise them, they say, believes Conley won't break.
02:42Solicitor Dorsey and his associate in the prosecution, Frank A. Hooper, ridicule the
02:47possibility that the Negro will make a confession on the witness stand. Mr. Hooper said Monday morning
02:53that he believed the Negro would make an excellent witness, probably the most valuable one the state
02:58would call. He did not believe that Conley would break down under the fire of questions from Attorney
03:03Rosser and Reuben Arnold, both of whom have a wide reputation for the raking cross-examination to
03:08which they can subject a person in the witness chair. I haven't any thought that Conley will
03:14falter, said Mr. Hooper. He has told me a clear, straightforward story. The details are fresh in
03:20his mind. He cannot be confused, and the court, of course, will not permit him to be intimidated should
03:25there be any effort of the sort on the part of the cross-examiners, which I do not anticipate.
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