0789 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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the State there was necessity for same,
Wherefore this Respondent agrees to the passage of an order
revoking former orders in this case, and waives his presence at
the Court, upon a hearing of same.
(signed) wm. i. smith,
Attorney for James Conley.
Georgia, Fulton County.
Personally appeared before the undersigned attesting
officer, James Conley, who after being duly sworn deposes and
swears that the facts set out in the above and foregoing response
so far as they come within his own personal belief are true and where
derived from the information of others he believes them to be true.
Sworn to and subscribed before me
this June 12,1913.
O.C. Tedder,
Notary Public, Fulton County, Ga.
III Re: Application of Hugh M. Dorsey, Solicitor General
to release James Conley from legal custody.
In answer to the petition and order in the above stated
cause, served upon us, as attorneys for Leo Frank, we herewith
answer and showcause as follows:-
1. If the intention of the solicitor general is to discharge
this negro from cus tody because (a) he is not a material witness,
his integrity and character are such that he ought to have his
liberty and be trusted to obey the subpoens of this court, then
considered as a witness only, the respondent is also charged and
could not be trusted any more than he could be, and in such case
indeed the farce in the court's presence of releasing the negro
and immediately return him to his wet-nurses, at the Police station
would resemble child's play.
2. , but if the solicitor believes that one of a number of con-
tradictory statements made by this negro may, if properly preserved,
be valuable to the prosecution of Frank a.d that the negro may
destroy its value if left free to talk, and in order to keep him in
mouth it is necessary that he be protective against any order of a
then we think we have a right to protest against such purpose that it is not the pur-
court of justice that winks at such purpose.
3. We are com trained to the conclusion that it is the pur-
pose for any reason to release this negro but, by obtaining the
order here sought, continue the present illegal containment.
4. But Frank is himself deeply interested in this proceeding.
That the content of the solicitor and the will of this negro is all
that is required to reverse the will of the law, is erroneous.
the
State has the right in the interest just to, put a witness in
custody, but where i encustody and whose custody is of the highest
importance.
, the law has given no custody to the solicitor and that
usually a place of punishment. but a temporary place of detention.
The Sheriff is supposed to stand in
his prisoners, and may be trusted neither to confole, threaten,
nor suporn any testimony by third degree methods.
The law never
meant te place a witness, who, for lack of character, needs con-
finement under-the-centre of a particular prosecutor.
5. That the detectives should wish to keep conley in custody
and entertain him at the city's expense, have not an unsuprising/
They have already extorted from him, we charge, all thinkable con-
fessions throo x x x x x x x x x x x x x x x x x x x x x x x x x x
sessions, more than four in number.
To these statements they have
given the widest publicity, and to the credibility of they last
one they have staked their reputations and hope of place.
, they have
have upon the constancy and stability of this witness, they have
staked their all.
they would be less than human if they did not
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