The Birmingham age-herald., 1915-06-15
HOWARD SEVERELY F ATTACKS EVIDENCE
 GIVEN BY C0NLEY
Charges Negro's Story a Cunning Invention of His Own Mind Contrived to Save His Own Life

presented at his trinI on the charge of murdering Mary Phagan and In sub seaucnt court proceedings, was cxhnus- lively reviewed before Governor slu- ton at today's session Of the hearing Franks application for commuta- ton of his dcath sentence. shortly nft- CT 6 o'clock tonight the hearing wns adjourned until Wednesday. When it Is resumed W. NJ. Howard will com plete his argument in behalf of Frank md the case then finally will he sub- mitted to the governor.
 Solicitor Dorsey, in a four hour arsu- ment today against communication. un- Franks guilt on the testimony of other witnesses than Jim Conley. the negro who was convicted as an accessory after the murder. Eliminating conley's eI- denee, MT Dorsey sought to show how incidents and circumstances surround ing the crime as testified to pointed to Frank as the perpetrator
 MT. Howard also relied upon the rec D ord to show Franks innocence He de- c'ared that the trail of the murderer led from the murder notes found beside the girls body and which conley testi- fled he wrote at Franks dictation The attorney attacked Coniey's affidavits and testimony and asserted that his story was "a cunning invention of Con . ley's own mind contrived to save his own life and to place the moose of the law around the neck 4cf another
 In AIr ,l referred to the argument against Frank $ application made last Saturday by former Governor Joseph NJ. Brown. He said:
 The former governor ntmated it would be an abuse of the executive power to commute sentence unless matter ex- traneous to that passed upon by the courts were presented. would like to call your attention to the fact that just before Governor Brown went out of of flee he issued 40 pardons. communications CT s is s5 sasss.. m ias.sd e., cases
 Taking up his reply to Mr Dorsey he said: Eliminating Conley's testimony there is nothing in the crcumstantial evidence to connect Frank with the mur- der of Mary Phagan. The only point in this record where Frank is coupled with this crime is in the allegation of his con nection with the writing of the murder notes, and on this point there is only Con- leys story that Frank dictated them to him.
 MT. Howard described the finding of Mary Phagans body in the basement of the pencil factory. and the condition of the body. Continuing he said:
 Near her head were found the two murder notes purporting to describe the person who committed the murder. Who wrote the notes2 Because the person who wrote the mhad something or all to do with the murder. Jim Conley con fessed T wrote the notes
 Had Been Drinking
 MT. Howard declared Conley had testl. fled that on his way to the factory the morning of the murder he had drunl, beer, wine and whisky. In five years he said, the negro had served seven sen tences against the municipal laws of At lanta. That, said MT. Howard, was the
 kind of person that crouched at the foot of the stairs as Mary Phagan came down Her mesh bag containing her money never has been found ''The testimony" Mir Howard continued shows there were evidences that the little girl had been as- saulted. Murder to conceal the robbery and assault would be the natural thought of negro to save his own life Conle, at first denied he could write At frs, he denied he was at the pencil factory lHt udN OI lHt HluiutT. NifdleT ne aum1t- ted he wrote the notes, but said Frank dictated them and then he admitted h, was at the factory the day of the murder and told the story of helping Frank te dispose of the girls body, trying to faster the crime on some one else
 "The murder notes were not the menta efforts of Frank. for they are in the language. style and form of expression ot Conley The prosecution contended that h of ha <. compatible with Conley's education But in the Anna Maud Carter letters part ot which Conley admitted he wrote we fint the same language and form of expres sion as were used in the murder note. as well as the correct use of the wore did In his testimony on the stand tn, record shows Conley correctly used th, word did more than 100 times'' MT. Howard went into Conleys variou. affidavits and testimony in detail, point ing out discrepancies. He also attacked the testimony and veracity of other stat, witnesses.
 Had Not Arrived Tt is immaterial that Monteen Sto yer was in Franks office between I2:0l and 12:1o on the day of the murdel and Frank was not there,' said MT Howard. We know Frank was no killing Mary Phagan at that time fo, I mony shows that Mary Phagan coult not have reached Franks office unti 12:13 D. m."
 ''Is that time accepted by both side. as the time of Miss Phagan's arrival9 asked Governor slaton.
 sNo.' replied Mr. Dorsey. "rhe stat, contended that she reached the fac tory at the time Frank stated. l2:O; D. m"
 we will leave the record to shot, which side is correct on this point. said MT. Howard.
 At this stage the hearing was ad journed until Wednesday.
 Tn his brief which he read to tn. governor. MT. Dorsey said he woui, discuss the case on three points rais ,, by Franks attorneys. viz: First, tha Frank was not accorded a fair trial second. that the evidence did not show the defendanta guilt beyond req
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