Prosecution

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Hugh Dorsey examining Newt Lee on the opening day of the trial. Courtesy of Special Collections and Archives, Georgia State University Library via Digital Library of Georgia.

Jim Conley was the primary witness for the prosecution. His testimony was so lurid that Judge L. S. Roan removed women from the courtroom. Conley claimed to serve as a lookout for Frank while he had sexual relations with young girls, and that Frank had even established signals for Conley to lock and unlock his office.

Conley stated that Frank commanded him to “watch out” when Mary Phagan arrived. Shortly after, Conley heard a scream. When Conley was signaled to unlock the door, a shaken Frank said that Phagan accidentally hit her head while resisting him. According to Conley, Frank first asked for help moving her body, then together, Conley and Frank dragged Phagan into a corner of the basement. After returning to the office, Frank dictated notes and ordered Conley to place them near Phagan’s body. Conley said that Frank then bribed him to “keep his mouth shut.”

Frank’s attorneys vigorously attacked Conley, who admitted lying initially, but ultimately held to his assertions. Unable to break Conley’s testimony, the defense moved it be stricken from the record. When Judge Roan denied the motion, cheering broke out in the courtroom, prompting Roan to threaten vacating the room if order was not restored. Solicitor Hugh M. Dorsey soon rested the state’s case.