Monday, June 23, 1913
Negro Conley Sticks to Affidavit Story When Again Cross-Examined by Dorsey.
The first official action of the court in preparing for the trial of Leo M. Frank for the murder of Mary Phagan was taken Monday afternoon when Judge L. S. Roan impaneled 72 men, from whom a jury to hear the case will be sought.
June 30 was agreed to by Judge Roan for the opening of the case. If a postponement is desired it will now have to be asked for in open court.
As yet Judge Roan said he had received no intimation from the defense that a delay was wanted. Solicitor General Hugh M. Dorsey said Monday the prosecution was ready for trial.
Trial in Thrower Building.
An extra staff of deputies has been sworn in and subpenas to jurymen impaneled and witnesses are now being served.
No plans for a larger room in which to hear the case have matured, and it is likely that the courtroom of the Superior Court in the Thrower Building will be used at last, despite its size and lack of comfort.
Jim Conley, the negro sweeper, was brought before Solicitor Dorsey Monday morning for another cross-examination. The questions were solely along the lines of the negro's affidavit charging Frank with the crime. As the Solicitor later said, he had only refreshed Conley's mind on the points he had made in his statement. The negro told the same story he told before without deviation.
Mr. Dorsey said that he would call all of the principal witnesses for the State and refresh their minds on the part they will play in the trial.
W. J. [sic] Coleman, stepfather of the strangled girl, was summoned by the Solicitor after Conley had been questioned for some time and was brought before the negro. Strict secrecy surrounded the performance, and if anything was gained by confronting the sweeper with Coleman it was not divulged. Mary Phagan's grandfather accompanied Coleman.
Later Coleman said that he had called particularly to ask the Solicitor if Judge Newt Morris, formerly of the Blue Ridge Circuit, could be brought into the case. Mr. Dorsey informed him that the State had made all arrangements for handling the case, but that if he wanted to have the former Judge represent the family there would be no objection.
Attorney Reuben Arnold, for Frank, announced Monday morning that the defense's case was complete. Mr. Arnold said that the testimony of twelve witnesses would form the bulk of Frank's support. He declared that only the inability of one or more of these witnesses to appear at the time set for the trial would cause the defense to ask for a postponement.
Monteen Stover, the young girl who called at the pencil factory office between noon and 12:15 o'clock on the afternoon of the murder, was taken before Jim Conley at the police station Sunday and identified by the negro as the girl he had seen while hiding at the foot of the stairway waiting for Frank's signal.
Conley Identifies Girl.
