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390 X. AMERICAN STATE TRIALS. ~

to impeach thie man, Dalton, you could have found it out.
And I submit that the man that did it, whoever he was, the
man who had the charity in his heart to dress that negro up,
—the negro that you would dress in a shroud and send to
his grave,—the man that did that, to bring him into the
presence of this Court deserves not the condemnation, but
the thanks of this jury.

Let’s see what Mr. William Smith, a man employed to de-
fend this negro Conley, set up in response to the rule issued
by His Honor, Juge Roan, and let's see now if they are not
all gufficient reasons why Conley should not have been de-
livered into the custody of the city police of Atlanta, thongh
they are no better, but just as good as the sheriff of this
county. ‘‘Respondent (Jim Conley, through his attorney)
admits that he is now held in custody, under orders of this
Court, at the police prison of the City of Atlanta, having
been originally held in the prison of Fulton County, also un-
der order of this Court, the cause of said commitment by
this Court of respondent being the allegation that respondent
is a material witness in the above case,—that of The State
against Leo M. Frank—~in behalf of The State, and it is
deaired to insure the presence of respondent at the trial of
the above case.’’ So he couldn’t get away, in order to hold
him, ‘Respondent admits that he is now at the city police
prison at his own request and inatance, and through the ad-
vice and counsel of his attorney. Respondent shows to the
Court that the city police prison is so arranged and 60 offi-
cered that respondent is absolutely safe as to his physical
welfare from any attack that might be made upon him; that
he is so confined that his cell is a solitary one, there being
no one else even located in the cell block with him; that the
key to his cell block and the cell of respondent is always in
the possession of a sworn, uniformed officer of the law; that
under the instruction of Chief of Poliee Beavers, said sworn
officers are not allowed to permit any one to approach.”

Judge Roan did it,—no reflection on the sheriff, but with
the friends of this man Frank pouring in there at all hours

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