The herald and news. [volume] (Newberry S.C.) 1903-1937, 1913-08-29
FRANK IS CONVICTED
OF NUMBERING GIRL
FOUND GUILTY OF MURDER OF
MARY PHAGAN.
People Outside Court Go Wild
Doomed Man Shows No Signs
of Emotion.

FRANK, convicted late tOudy OI the
murder of -14-year-old Mary Phagan,
showed no signs of emotion early to-
night when informed that he had been
found guilty. The factory superin-
tendent's wife, with him when the
message was delivered, collapsed.
More than an hour before Frank
was notified, the jury's verdict Of
murder in the first degree was re-
ceived with noisy demonstration by
a crowd estimated at more tnan q
900 persons that jammed the street.
All spectators were excluded from, the
court room before the verdict was
announced. By agreement of coun-
sci the prisoner was permitted to re-
main in his cell at the county Jail
Only lawyers, court officials and
newspaper men heard the verdict
rendered.
Less Than Four Hours.
After listening to the presentation
of evidence and argument of counsel
5or more than four weeks, the jury
retired at 1247 o'clock this after
noon, when Judge Roam concluded
his charge. Shortly after o'clock it
was announced that a verdict had
been reached, but it was nearly 5
o'clock before the jury returned to
the court room
Al ass o'clock Foreman Winburne
read the verdict. 1t contained no rec
ommendation. for clemency. AS the
news was flashed to the crowd out
side there was loud cheering Mount
ed policemen rode through the crowd
to disperse it, but the demonstration
continued unabated.
Solicitor Hugh Dorsey, who con-
Quoted the prosecution, was the first
person to leave the court room AS
he stepped into the street he was
lifted to the shoulders of several men
and carried for more than 100 feet
through the shouting throng.
DeferS Sentence.
On account of the demonstration
Judge Roam announced that he would
2ct sentence the prisoner until to-
morrow, possibly later The Judge
also was cheered when ne left the
court room
Counsel for the defendant tonight
announced that a motion for new
trial would be made Immediately.
Judges Charge Terse.
Judge L. S. Roan,s charge to the
jury, delivered today Immediately af-
ter he had overruled motion of the
defense for a mistrial, was terse and
direct. With reference to reason
able doubt" he said:
"You are not compelled to find from
the evidence his guilt beyond any
doubt, but beyond a reasonable doubt,
such a doubt as grows out of the evil
dence or the want Of evidence; such
a doubt as a reasonable and impair
tial man would entertain about mat
ters Of the highest Importance to
himself, and after all reasonable ef-
forts to ascertain the truth. This
does not mean a fanciful doubt, one
conjured up by the jury"
During the trial much stress
was placed by both sides On the ques-
ton of Franks character. Judge
Roam charged the jury that while evil
dence of the defendants good reputa-
ton previous to the death of Mary
: Phagan was to be considered possibly
as creating a doubt OF his guilt, such
evidence would not suffice to clear
him if in the opinion of the jury 9th
er testimony was sufficient to show
that he had committed the crime
charged against him.
The reading of the charge required
about 20 minutes.
Frank asserted tonight to friends
who visited in his cell: 81 am as in
nocent now as I was year ago" His
appearance and general demeanor re-
manned as impassive as throughout
the trial.
Rabbi David Marx tonight was
quoted as saying: 81 am stunned. 1
can not believe it. 1 know he is in
nocent-I know he is incapable of
such a crime. I ask the public to sus
pend final judgment until an appeal
for a new trial is made.
Mary Phagan's body, bearing
marks of violence, was found in the
basement of the National Pencil fac
tory early Sunday morning, April 27.
The girl previously had been employ