The Lancaster news. [volume] (Lancaster, S.C.) 1905-current, 1913-08-26
LEO M.FRANK IS GUILTY
VERDICT OF THE JURY
Atlanta Factory Superintendent
to Pay Pentalty For Crime.
SENTENCE NOTYET PASSED
killing of Mary Phagan to be Aveng-
ed by the Law-Wife of the
Prisoner Collapses.

Atlanta, Ca, Aug. 25.-At 4:56
o'clock this afternoon the Jury in
the case of Leo NJ. Frank, on trial
for the murder of Mary Phagan,
found the defendant guilty. No
recommendation were made by the
jury.
Judge Roan's charge to the jury,
delivered Immediately after he had
over-ruled a motion of the defense
for mistrial, was terse and direct
With reference to reasonable doubt"
he said:
"You are not compelled to find
from the evidence his guilt beyond
any doubt, but beyond a reasonable
doubt, such doubt as grows out OF
the evidence, or for the want of evil
dence; such a doubt as a reasonable
and impartial man would entertain
about matters of the highest impor-
tance to himself, and after all rea-
sonable effort 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 question
of Franks character. Judge Roam
charged the jury that while evidence
of the defendants good reputation
previous to the death of Mary Pha-
gan 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.
other evidence was sufficient to show
that he had committed the crime
charged against him.
The reading of the charge required
about 20 minutes
Frank showed no visible signs Of
emotion when he was Informed that
he had been found guilty. The fac
tory superintendent wife was with
the prisoner when the message was
delivered and she collapsed.
More than an hour before Frank
was notified, the jury's verdict of
murder in the first degree was re-
ceived with a noisy demonstration by
the crowd, estimated at more than
1000 persons which had assembled
outside the court house. All spec
tators were excluded from the court
room before the verdict was an
nounced. BY agreement of counsel
the prisoner was permitted to remain
in his cell at the county jail. Only
per men heard the verdict
After listening to the presentation
OF evidence and argument of counsel
for more than four weeks the ju~y
retired at 12:47 o'clock this after
noon when Judge Roam concluded his
charge. Shortly after o'clock il
was announced that verdict had
been reached but it was nearly 5
o'clock before the jury returned to
the court room.
As the news was flashed to the
crowd outside there was loud cheer
ing. Mounted policemen rode through
the crowd in an effort to disperse
it but the demenstra tion continued
undated.
Solicitor Dorsey, who conducted
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 through the shouting crowd
On account of the demonstration
Judge Roam announced that he would
not sentence the prisoner until to-
morrow and possibly later, the Judge
was also cheered when he left the
court room. Counsel for the de-
fendant tonight announced that a
motion for a new trial would be
made Immediately
Mary Phagan's body was found in
the basement of the National pencil
factory early on the morning of
April 27. She had previously been
employed at the factory and had
gone there at noon on April &c for a
small amount of wages due her.
Near her body was found two notes
on which were scrawled accusations
against 'Iong, black negro"
Newt Lee, negro night watchman
of the factory, who found the body
was Immediately arrested on sus-
picion. Superintendent Frank and
several other persons connected
with the plant, were detained several
days later. Among these was James
Conley, negro sweeper.
After an exhaustive coroner's in
vestigation, Frank and Lee were
bound over to the grand jury. Frank
was indicted for murder on May "a.
Lee is still held In Jail, as is James
Conley.
! Franks trial began July 28. The
state built basis OF circumstantial
evidence and then called James Con-
ley to the stand to give the only
direct testimony against the defen-
dant. Conley swore he had stood
guard outside the factory Office while
Frank was closeted with the girl who
had come for her pay and later help
ed Frank carry the body to the base
ment. The negro also told revolt
ing story of other alleged Incidents
at the factory Office charging the de-
fendant with degeneracy.
| Late IN the trial the defendant