Tuesday, 25th November 1913: Conleys Lawyer Will Ask Immediate Trial, The Atlanta Constitution

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Attorney William Smith will today in

the criminal branch of the superior court make formal demand that his negro

client, Jim Conley, the factory sweeper whose testimony convicted Leo Frank of

the Phagan murder, be given immediate trial.

Following a conference late Monday

between Attorney Smith and Solicitor Dorsey, Smith announced that he would

waive a jury trial for his client and await the courts decision as to whether

his man shall be sentenced under a misdemeanor of felony charge.

The indictment against Conley charges

him with being an accessory after the fact in the murder of the Phagan girl.

Attorney Smith has declared openly that there is no law on the statute books in

this state under which his client can be convicted and has hinted that all the

court can do with the negro is to free him.

If Attorney Smith succeeds in having

Judge Ben Hill place the negro on trial all there will remain to do today is to

have Solicitor Dorsey and Attorney Smith argue the points of law involved and

then the court will pronounce sentence.

Whether Judge

Hill will allow the negro to be tried today is not yet known. It is within the

power of the court, even upon formal demand, to hold a prisoner over the next

session of court. In Judge Hills court the negro will not necessarily have to

be tried until some time in January.