Another in our series of new transcriptions of contemporary articles on the Leo Frank case.
Atlanta Georgian
August 5th, 1913
Judge, Favoring Defense, Reserves Decision as to Striking Out Testimony
CONLEY CONTINUES TO WITHSTAND FIERCE ATTACKS OF ROSSER
Reuben Arnold created a sensation at the opening of Tuesday afternoon’s session of the Frank trial by making a motion that all of the revolting testimony concerning Leo Frank’s alleged conduct before the day of Mary Phagan’s murder be stricken out of the records. He also demanded that all of Jim Conley’s testimony in reference to watching at the door at Frank’s direction be expunged except the time he claims he watched on the day Mary Phagan was killed.
The contention resulted in practically a complete victory for the defense after a bitter legal battle. Judge Roan said that he would exclude from the records everything bearing on these alleged instances, except the negro’s testimony as to what occurred on the actual day of the crime. He said, however, he would hold himself ready to reverse his decision until he made his announcement to the jury Wednesday morning.
As the charges of degeneracy were being hurled at her husband by the Solicitor, young Mrs. Frank hung her head and finally unable to endure the ordeal longer left the courtroom. When she returned, her eyes were red and her cheeks flushed as from weeping. She breathed heavily and appeared to be making a brave effort to regain her composure. It was the first time she had broken down during the long trial. Frank’s mother left her place, a look of utter, wearied misery in her eyes, but a determination to be brave in every line of her face.
Attorney Arnold asked the judge to strike out not only all the testimony in direct examination in reference to Frank’s alleged conduct, but also all that has come out in cross-examination.
DORSEY FIGHTS FOR TESTIMONY.
Solicitor Dorsey insisted that the testimony was admissible and should remain in the records.
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