Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-06-13
FIGHT FOR FRANK
BEFORE GOVERNOR
Final Effort to Secure Commuta-
ton of Death Sentence to Life
Imprisonment Begins.
APPEAL ALSO is OPPOSED
Solicitor Granted Time in Which
to Present Written Brief and
Make Oral Argument.


for and against Leo NJ Franks appli-
cation for Communication. Of his death
sentence were made at n hearing be-
fore Governor Slaton hero to-day. An
unexpected adjournment Of the hearing
was taken until Monday. to allow So
licitor Dorsey to prepare written
brief and to present his oral argument
against the application Franks coun-
sci will be permitted to argue in
reply.
Joseph NJ. Brown. who was Cover
nor Of Georgia when Frank was ar
rested. was the principal speaker
against clemency. He told OF steps he
took as Governor to protect Frank when
he heard rumors that a mob planned to
attack the jail. The rumors. he de-
clared, proved to have been groundless.
He protested against any overturning
of the verdicts and judgments OF
Georgia juries and courts ION petit
tions OF persons outside the State, and,
in closing. declared:
III Your Excellency wishes to in
woke lynch law--if you wish to
weaken. II not destroy. trial by jury
In this Sthte-you can do 1t by revers-
Ing all the courts decisions in the
present case"
Immediately after the hearing
opened. Mr.. Howard stated that there
would be only one speaker In behalf
OF Frank 1t also was announced that
Solicitor Dorsey. a. E. Stephens and
former Governor Joseph NJ Brown
would deliver addresses opposing
clemency for Frank
FORMALLY PRESENTS
DOCUMENTARY EVIDENCE
Mr.. Howard then formally presented
his documentary evidence. He stated
that Frank would introduce no new
evidence or witnesses.
We expect to convince you by what
Is contained In the records" he said.
that Frank is innocent We only ask
you to change the penalty passed in
this case to the alternative penalty
provided by the law. The difference
between what our petition asks and
the Judgment as 1t stands is the differ
ence between life and death
Il shall undertake to show by the
record that Frank logically could not
have had any part in Mary Phaean's
murder. also shall undertake to
show that the negro James Conley first
robbed, then assaulted and finally muir
dered the girl"
In reply TO n question by Governor
Slaton. Mr.. Howard said he was will
ing TO accept the testimony OF the
State Chemist. DR.. r. Harris, and other
State witnesses as to the violence COM
mitted against the Phagan girl prior
10 her murder The attorney argued
Mt length on this testimony
Il
killed. the Governor asked.
Il think the blow was struck on the
first floor of the pencil factory, as she
came down the steps from the second
floor" replied Mr.. Howard. Then, be-
ing stunned. 1 think she was taken to
the basement. where she was further
assaulted and the actual murder ac-
complished. The record. however, is
rather blank as to how she got into
the basement"
Excepting the testimony Of Conley."
suggested the Governor.
''Oh. If we are to accent Con,.v,s
story as true. we have no case here
whatever" replied the lawyer.
WILL VISIT
SCENE OF MURDER
BY his questions during Mr.. Howards
argument, the Governor indicated that
he proposed to go exhaustively into
the evidence He also stated that he
intended TO visit the factory where the
murder occurred before he made his
decision in the case.
Mr.. Howard read nineteen points or
allegations made against Frank by the
prosecution independent OF tho testi-
mony of James Conley, chief witness
against Frank at the trial.
Every one of the circumstances and
allegations contained in these points"
he declared, I'VE have dsproved or
refuted with satisfactory explanation"
At the close Of Mr.. Howard's address
speakers from the Marietta delegation.
in charge of former Governor Brown.
argued against Franks appeal for
clemency. These included Herbert Clay,
solicitor of Cobb County, and NJ. NJ
Sessions. The latter read resolutions
protesting against outside interference
with the courts of laws Of Georgia" re-
Gently adopted by mass-mceting at
Marietta.
MIR. Brown presented the closing
argument for his delegation. Speaking
OF the rate Judge Roan's letter, Mr..
Brown said that nowhere In the letter
''' VIC Jul iot say he DcIoVeu FRANK
was innocent, but that he ONLY ex-
pressed doubt rs to his guilt. II
want TO say" he continued, that the
word mercy cannot be found in the
Constitution of Georgia. Nowhere is
it found In the Bible where it inter-
feres with Justice"
vERDICTs SHOULD BE
UPHELD BY GOVERNOR
He contended that the verdicts Of
Georgia juries. unless shown by new
evidence to be wrong, should be up
held by the chief executive. regardless
of petitions from persons outside the
State" No such new evidence, he do
clared. had been presented in the Frank
case.
Mr.. Brown, in concluding his argu-
mcnt, said:
Georgia has one law for all men
Christian and Hebrew-alike, and all
men must obey 1t. Your Exccllency. IL
you wish to invoke lynch law-to
weaken ~ NOT 6esf row trial hv i,trv ~