Tuesday, July 8, 1913
Dorsey Confident That Move, Which May Confront Frank With Conley, Is Futile.
Solicitor General Hugh M. Dorsey said Tuesday he was confident the State would be able to defeat any attempt to get Newt Lee out of the Tower, where he has been confined since April 27, first as a suspect in the Mary Phagan murder case and later as a material witness. He said he had advised Lee's attorney not to take the action, as the negro was regarded as an important witness in making a complete chain of evidence against Leo M. Frank.
No petition was filed in behalf of the negro Tuesday forenoon. There was no judge before whom the petition could be brought in the afternoon, although in rare instances writs of habeas corpus are filed with the Ordinary of the county. Lee's counsel has until Friday to file the application. It was the announced intention to subpena both Frank and Jim Conley to appear at the hearing on the write [sic].
*Editor's Note: The following text is also included in a previous article entitled "Grants Right to Demand Lee's Freedom".
Defense's Attitude Secret.
The plan of bringing Conley and Frank together may meet an insurmountable obstacle when it comes to getting the permission of Frank's attorneys. The law allows an indicted man to testify or to refuse to testify. Frank has been willing to appear as a witness at any time, but he has placed himself under the instructions of his lawyers and the matter is entirely in their hands.
Attorney Rosser is out of town, but Reuben Arnold, associated with Mr. Rosser in the defense, said Tuesday that no thought had been taken of the possibility that Frank would be asked to appear in the habeas corpus hearing, and that, therefore, he could not say what the attitude of the defense would be.
The sentiment of the new Grand Jury, which is said to favor an investigation into the Phagan mystery with a view of indicting Conley, also opens a most interesting possibility in that the defense will be called upon to make known for the first time the evidence which it has against Conley.
