Monday, June 2nd, 1913
Mary Phagan Met Death on First Floor, Is Claim
Defense Will Endeavor to Show That Conley Struck Her in Head and Threw Her Down Elevator Shaft
ELEVATOR WAS NOT MOVED APRIL 26, IT IS CONTENDED
Blood Spots on Second Floor Explained by Fact That Employes Frequently Cut Fingers—Theory in Detail
From apparently reliable authority it was learned Monday that the theory to be advanced in defense of Leo M. Frank, the pencil factory superintendent, who has been indicted for the murder of Mary Phagan, will be that James Conley, the negro sweeper, and he alone, killed the girl and hid her body in the factory basement.
Notwithstanding Luther Z. Rosser, chief counsel for Frank, maintains his sphinxlike attitude and declines to discuss the theory of the defense, it is understood that the arguments in Frank's favor will be based upon the idea that Conley was without assistance in the commission of the crime and that Frank had no knowledge whatever of it.
The defense will, it is said, take the position that Mary Phagan was killed on the first floor of the factory at the foot of the stairs where the negro admits he was in hiding. The suggestion of the girl having been killed on the second floor, as declared by Conley in his affidavit of confession, will, it is said, be ridiculed.
It will be contended that Conley was in hiding on the first floor from about 9 o'clock in the morning, most probably with the intention of robbing some of the women employes who came for their pay.
It will be shown that many of the incidents which the negro swears happened while he was secluded among the boxes by the stairs occurred before Frank went over to Nelson street, and therefore, the negro must be lying when he says that he met the superintendent at the corner of Nelson and Forsyth streets and followed him back to the factory sometime between 10:30 and 11 o'clock.
The several different versions of the negro's story will be cited to show that he began by lying and only made admissions that he had knowledge of the crime when he was caught in lies. The claim will be set up that the negro is very cunning, had a perfect knowledge of the pencil factory and its operations, and has kept thoroughly posted on everything that has been published about the murder. This will be urged to substantiate the allegation that he has endeavored to make his "confession" fit the facts so far revealed.
ELEVATOR DIDN'T RUN.
But it will be insisted that despite the negro's cunning he has made many palpable misstatements of facts. Not only will it be claimed that the negro was in the factory in hiding long before Frank went to Nelson street, as is indicated by certain incidents described in detail, but it will be contended that contrary to the negro's statement the elevator did not run on Saturday, April 26.
