Semi-weekly herald., 1914-10-29

part is slaughter house stuff that has
been fatteden on grass and hay and
finished on grain or stock peas. Ship
ments are of good grade and stock
growers are getting good prices.
From present indications the ship
ments will hold up well into Novem-
ber.
WASHINGTON, D. c., Oct. 26.-
British Ambassador Spring Rice this
afternoon submitted to the state de-
part an affirmation of Foreign Min
lister Grey's previous assurance that
England will not interfere with Am
erican cotton cargoes bound for Eu-
rope.
AUGUSTA, Ga, Oct 26.-The fight
for life of Leo M. Frank, young At
lanta factory superintendent under
sentence of death for alleged mur-
der of 14-year-old Mary Phagan, an
employe, on April 26, 1918, was again
before the Georgia supreme court to-
day.
Two motions of Frank, whose con-
viction was based almost entirely on
circumstantial evidence and the con-
fession of alleged accomplices, and
has attracted nationwide interest,
have been before the court. Argu-
ments were begun today upon the
motion to set aside the conviction and
death penalty because Frank was ab-
sent from the court room at Atlanta
when the jury brought in the verdict.
Franks attorneys claim this was a
violation of his constitutional rights
and, if the motion to set aside the
verdict is denied by this court, will
be the basis of an appeal to the u.
S. supreme court.
Franks other motion, which was
denied October ID, was request for
a new trial based upon alleged dis
covery of new evidence since his con-
viction. This motion was based chief
y upon the sensational move early
this month of William NJ. Smith, for
mer attorney for "Jim" Conley, an
alleged negro accomplice of Franks.
Smith declared he was convinced that
his former client, Conley, was the
murderer of Mary Phagan and that
Frank is innocent.
New evidence alleged to have been
discovered by Detective William J..
Burns of New York during tenn
pestuous "sleuthing" excursion in
Atlanta in Franks behalf was also
said to be big card held by the de-
fense. Burns got into row with the
Atlanta police because he was un-
licensed to practice" in Gergia.
Burns claims to have discovered
that the Phagan girl was killed after
struggle in the basement near the
elevator shaft of the building of the
National Pencil factory building in
Atlanta, where she, Frank and Jim
Conley worked. Conley was jani-
tor and implicated Frank.
The Phagan girls body was found
in the early morning of April 27
1913, in the basebent of the factory
Her face was bruised and cinders
ground into her cheeks and hair. Evil
dence of criminal assault was found
Frank was arrested two days later.
The negro, Conley, was the chief
witness against Frank. Conley said
Frank forced him to aid in disposinp
of the girls body by hiding it in the
basement after taking it from the
second story.
Solicitor Hugh M. Dorsey, of At.
lanta, who conducted Franks prose.
cution, had charge of the opposition
today before the supreme court OF
Franks motion. Dorsey presented af.
fidavits from Judge Roam, the tria
Justice; the sheriff and Franks attor,
neys regarding the motion based or
Franks absence from the court room
when the verdict was brought in. Sub
mission of the verdict was postponed
from a Saturday to Monday, Aug
rs, 1918, because Of the high stat,
Of public feeling In the case.