New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-06-22


who committed his sentence yesterda
the statement continued, after evil
dencc had been introduced laying the
crime. with many offensive details,
upon Frank, the feeling against him be-
came intense. II the audience in the
courtroom manifested their deep re-
sentiment toward Frank, it was largely
by this evidence Of feeling beyond the
courts power TO correct. II would be
difficult for an appellate court or trial
court 10 grant q new trial in such a
long case, because the audience in the
courtroom on few occasions indicated
their sympathies.
THE jury found tho defendant guilty,
and with the exception of the dem
onstration outside the courtroom there
was no disorder. Nothing was done
which the courts could correct through
legal machinery"
The Governor pointed out that the
United States Supreme Court had sus-
tanned this ruling. He declared the
charge against the State Of Georgia
of racial prejudice was unfair. He
then reviewed the evidence. He as
serted the state proved that Frank was
in his Office at the factory little after
. y O'Clock on the day Of the murder and
| that he admitted paying Mary Phagan
wages due her. So far as known, he
/ saws. Frank was the last person who
/ saw her alive. Other facts enumerated
/ by the Governor as TO him the more
| important Of those shown by the state
were:
That Frank at 4 o'clock on the after
/ noon Of the murder allowed the negro
( Waterman, Newt Lee, 10 leave the fac
/ tory for two hours; that the same
| evening Frank called Lee on the tele-
/ phone; that Lee found the double inner
/ doors locked; that Frank had never
done these things before; that cord
| similar to that with which the girl
was strangled was found in quantities
on the metal room floor, and in less
/ quantity in the basement, where the
( body was discovered.
Reviews Conley's Testimony.
"The most startling and spectacular
testimony In the case was that given
by a negro, Jim Conley, who finished
in the chain gang" the statement
says. He referred TO the murder
notes" found beside the body, which
Conley finally admitted he had written
at Franks Gictation. "COnley claimed
Frank asked him to come to the fac-
tory on Saturday and watch Tor hlm'
as he had done, which, he explained,
meant that Frank expected TO meet
some woman" the Governor says.
"Conley occupied dark place beside
/ the elevator, behind some boxes.
"Conley mentioned several male and
/ female employees who went up the steps
/ to the second floor, where Franks office
was. He said Mary Phagan went up the
/ stairs, that in a few minutes he heard
/ footsteps going toward the metal room;
that he heard a scream and then dozed.
In a fe wminutes Frank STAMPED, and
Conley locked the door, and then FRANK
whistled and Ccnley unlocked the door
and went upstairs. He said Frank was
shivering and trembling, and told him
he made advances to the girl and she
repulsed him, and he struck her too
hard and she fell and hit her head
against something and he didn't know
how badly she was hurt. Conley said
no found the girl in the metal room
with a cloth tied about the neck SIS
though to catch blood. although there
was no blood at the place.
According to Conley's story, Frank
told him to get piece OF cloth and
wrap the body in 1t, and Conley got a
piece of bed ticking and tied up the
/ i
room, dropped 1t, then called on Frank
10 assist him. He said that he and
Frank took the body TO the basement
in the elevator; that they rolled the
body out of the cloth, then went to
Franks Office; that Emma Clark and
Corintha Hall came into the Office, and
Frank put him in the wardrobe, and
after they left that Frank dictated the
murder notes
J The statement then points out al
legged inconsistencies in Conley's story
and mentions several contradictions in
his story as related in various afi-
davits. Among them, he said, was EVIL
dence that the elevator had not been
used Saturday afternoon; that Frank
could not have carried the girl down
the hatchway, while Conley, powerful
NEGRO. could have done so; that no bed
ticking had ever been seen in the fac
tory: that il was agreed the murder
could not have been committed before
12:O5 D. m, and yet Conley said Emma
Clark and Corinthia Hall were in
Franks Office after the body had been
disposed Of, while unimpeached testi-
mony showed that they reached the
factory at 1885 and left at l1:45 a. m.
In conclusion the Governor said:
ain any event, the performance OF
nv duty under the constitution 10
matter Of my conscience. The respon-
sibility rests where the power is re-
posed. Judge Roam, with that awful
sense of responsibility which probably
came over him as he thought Of that
Judge before whom he would shortly
anpear. calls to me from another world
10 request that do that which he
should have done.
~ can endure miseonstruction, abuse
and condemnation, but ] cannot stand
the constant companionship OF an ac-
cusing conscience which would remiad
me in every thought that ], as Gov
ernor Of Georgia, failed TO do what b.
thought to be right,
There is a territory beyond rea.
sonable doubt and absolute certainty
for which the law provides in allow
ing life Imprisonment instead Of exc
cution. This case has been marked by
doubt. The trial judges doubted. Two
Judges of the State Supreme Court
doubted. Two judges Of the United
States Supreme Court doubted. One
Of the three prison commissioners
doubted.
"In my judgment, By granting a com
mutation in this case, ] am sustaining
the jury, the judge and the appellate
tribunals. and at the same time am