Another in our series of new transcriptions of contemporary articles on the Leo Frank case.
Atlanta Constitution
August 7th, 1913
JUDGE ROAN DENIES MOTION OF DEFENSE TO STRIKE PART OF CONLEY TESTIMONY
Reuben Arnold Threatens to Call for Mistrial if There Should Be Recurrence of Applause Which Marked Reception of the Decision. Judge Announces That the Court Room Would Be Cleared if There Was Any More Disorder.
BAFFLED BY ATTITUDE OF CONLEY ON STAND, DEFENSE ENDS GRILL
Dr. Roy Harris Testifies in Afternoon, Declaring That Death Was Caused by Strangulation—Tells of Experiments With Four Men in Digestion of Cabbage Cooked by Mrs. Coleman, Mother of Girl Who Was Murdered—C. B. Dalton Testifies Today.
When, shortly after the noon recess Wednesday, after he had heard lengthy argument on both sides, Judge Roan reversed his decision of the day previous thereby admitting as evidence the statements of Jim Conley that on numerous occasions he had acted as “lookout” for Leo M. Frank while he was engaged with women on the second floor of the National Pencil factory, the state and Solicitor Dorsey won a victory which was perfectly patent to every one in the court room, and the news was quick to reach the street and to be circulated by word of mouth all over the city.
As soon as Judge Roan announced his decision spontaneous applause broke out in the court room and Reuben Arnold jumped to his feet, exclaiming:
“If that happens again I shall move for a mistrial.”
Judge Roan announced that he would have to clear the room if there was a recurrence of the disorder.
Interest at Keen Pitch.
At no single stage of the long drawn-out trial has interest been so keen as when Judge Roan announced on Tuesday that he would reverse his decision on the admissibility of this evidence until Wednesday morning. The evidence was of such an important nature and its introduction came as such a complete surprise that it was the sole topic of conversation all day Monday and Tuesday. When Conley had blandly told of the occurrences which would seem to indicate a course of conduct on the part of the defendant which would throw light on the crime, and stamp him as apart from other men, there was profound surprise in the court room that the astute attorneys for the defense did not strenuously object.
But on second thought the impression seemed to be that Mr. Rosser and Mr. Arnold, confident they could break the negro down, were opening wide the bars and were giving Conley all the rope necessary to hang himself.
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