Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-11

could save himself from the gallows ?
What is called the humanity Of
the law" invests every person charged
with crime with the presumption Of
innocence until his guilt has been
proved, and proved to the extent Of
being irreconcilable with every by
pothesis Of his innocence. Guilt
must be established beyond a rea-
sonable doubt
And the reasonableness OF a doubt
on the minds Of the jury trying a
given case might depend largely upon
the state Of the public mind regard
ing that case.
For this reason, IL for no other,
the people in a community where a
crime has been committed should be
reluctant 10 reach conclusion OF the
guilt ~ any one, where only circum-
stantial evidence rs adducible
II would be a remarkable termina-
ton OF the Phagan case, which Is not
now SO mysterious as II once seemed,
If Frank. the first man suspected by
the detectives. SHOULD be acquitted,
and his accuser, the negro Conley,
should be brought TO trial and con-
victed.
But stranger things have happened.
And If the evidence against Conlay
is as strong as 10 now seems as
sured IL VIII be. will not the prose-
cution be greatly handicapped in the
necessity " prosecuting Conley by
reason OF having put forth such
strenuous and hopeful efforts to con
Wet Leo Frank2
How Rewards Would Be Shared.
Rich rewards win recompense the
discovery Of evidence 10 convict the
slayer In this case, II Frank should
-. q - a
large sums offered for evidence TO
convict viii go to certain secret serv-
ice men who first called attention TO
the opportunity Of Frank to COM
init the crime. and who have direct
ed their energies I'm the Investigation
OF il on the theory Of his guilt.
II Conley should be proved guilty.
one Of the foremen Of the factory
who saw the negro washing a shirt
under suspicious circumstances, and
who directed his arrest, win likely
get the coiA But with the public It
is not q Question Of rewards go be
distributed. but it is the vital. the
supreme question. who Is the real
murderer?
The law. II rightly followed. is a
noble instrument Of protection to So
ciety. including the ignorant, the
weak, and those Of little understand
ing. IL points the finger Of suspicion
al no man. but demands evidence be-
fore guilt can be determined either
the clear and unmistakablc proof Of
eyewitnesses. or an array OF circum
stances which excludes every reason
able hypothesis Of innocence.
Lauds Franks Character
In determining motive 10 commit
crime. We have reason 10 regard the
character and reputation Of the in
dividual In the case under consid-
Grafton, the man who protests his
entire innocence and ignorance OF the
crime but who now stands indicted
as criminal. has been for six years
an exemplary citizen of this com
munity. and the trusted manager N
an important manufacturing enter
prise.
He has sustained well the conf
dence reposed in him, A leader in
the community life Of his race he
has been highly honored for one II
his years The attachment OF his
friends TO him in the weeks OF his
Imprisonment has been rarely signif-
iCant OF an mistaken confidence In
his complete Innocence.
The high character OF large ma
jority Of his friends who are men in
capable OF the desire to shield the
perpctrator Of SO heiuuus "a crime, re-
moves the suggestion OF clannish
defense of racial bias
Is not the case against Leo Frank
so far presented against him palpl-
bly, weak And does not the far
greater weight Of evidence now point
Enthusiastically to the negro Conley IS
I the sole perpetrator Of the crime
GEORGE NJ. NAPIER.