The Atlanta Constitution,
Tuesday, 18th November 1913,
PAGE 15, COLUMN 4.
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.