Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-06-22
after they left that Frank dictated tho
murder notes.
ALLEGED INCONSISTENCIES
IN STORY POINTED OUT

IN STORY POINTED OUT
The statement then points out
alleged Inconsistencies in Conley's
stories and mentioned several contra :
dictions In his story as related in varj-
Gus afldavtts. Among them he said
were evidence that the elevator had not
been used Saturday afternoon: that
Frank could not have carried the girl
down the hatchway. while Conley. a
powerful negro. could have done so;
that no bed ticking ever had been seen
In the factory; that 1t was agreed the
murder could not have been committed
before 1905 p. NJ. and yet Conley had
Emma Clark and Corintha Hall in
Franks office after the body had been
disposed OF, while unmpeached testi-
mony showed that they reached the
factory ut 1885 and left at Il:45 \. VI.
The Governor pointed out similari-
ties in form Of words used by Conley
in his testimony in tho murder notes"
and the Anna Maud Garter letters"
part OF which Conley admitted he
wrote. He inferred that the evidence
indicated the notes were the product
of Conley's mental as we'll as physical
effort. Testimony of other witnesses
than Conley, concerning the time of
Mary Phagan's visit TO the factory and
regarding the order blank pad on
which one of the murder notes" was
written having been discarded to the
basement. was discussed at length in
the statement. In conclusion the Gov
ernor said
I'm the Frank case three matters
have developed since the trial which
did not come before the jury. TO wit:
Tho Carter letters. the testimony of
Becker, indicating that the death notes
were written In the basement, and tho
testimony OF DR.. Harris that he was
under the impression that the hair on
the lathe In tho metal room was not
that OF Mary Phagan, and thus tend
ing to show that the crime was not
committed on the floor on which was
Franks office.
traordlnary motion for a now trial, It
is we'll known that 1t Is almost
practical impossibility to have a YER
dict set aside by this procedure. The
evidence might not have changed the
verdict with the recommendation to
mercy.
PERFORMANCE OF DUTY
MATTER OF CONSCIENCE
I'm any event, the performance OF
my duty under tho Constitution Is
matter of conscience. The responsible
ity rests where the power is reposed
Judge Roam. with that awful sense of
responsibility which possibly came
over him as he thought of that Judge
before whom he would shortly appear.
calls 10 me from another world to re-
quest that ! do that which he should
have done. 1 can endure misconstruc-
ton. abuse and condemnation, but
cannot stand the constant companion
ship of an accusing conscience which
would remind me in every thought
that l. Governor of Georgia. failed
TO do what I thought to be right
There is a territory beyond "A reason
able doubt and absolute certainty for
which the law provides in allowing
life imprisonment instead of execu-
ton. This case has been marked by
doubt Tho trial judge doubted: two
judges OF the State Supreme Court
doubted two judges Of the United
States Supreme Court doubted. One OF
the three prison commissioners doubt
ed.
In my judgment. by granting a COM
mutation in this case. 1 am sustain
ing the Judge. the jury and the ap-
pellate tribunals. and at the same time
am discharginE that duty which is
placed on me by the State Constitu
ton"
The Governor then approves the
order committing Franks sentence
from death to imprisonment for life
The order bears the date Of to-day.