Tuesday, 18th November 1913: Conleys Trial Waits On The Supreme Court, The Atlanta Constitution

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Judge

Hill Will Not Dispose

of It Until Frank Case

Is Settled.

Despite

the assertion of William M. Smith, attorney for Jim Conley, that he would

demand an early trial for the negro sweeper, whose testimony did most to

convict Leo Frank of the murder of Mary Phagan, it was reported Late Monday

that Judge Ben Hill, of the criminal branch of the superior court, would not

place the case for trial until after the retrial motion now before the supreme

court was disposed of.

Judge

Ben Hill is acting on his own initiative in the matter and his position is

opposed to that of both counsel for the negro and Solicitor General Dorsey.

Solicitor

General Dorsey wishes to dispose of the charges against Conley and have him

sentenced and sent to the penitentiary.

On

the other hand, while just as anxious for trial, Attorney Smith wants to have

his man freed. Last week, Attorney Smith declared that there was no law on the

Georgia statues under which his negro client could be tried. However, many

learned attorneys have since pointed out several sections of the criminal law

which amply cover Conleys case.

Conleys

trial, on charges of being an accessory after the fact in the Phagan murder,

was supposed to come up on Monday. There was no mention of it made about the

criminal branch of the superior court and, according to attaches, judge Hill

himself passed over the case until he hears from the higher courts.