The farmer and mechanic., 1915-06-01

u, S, Attorney Alexander Says
He Entered Plea With Prison
Board as Citizen of and in
Name Of Georgia; Solicitor
General Dorsey Opposes
CIenenCy For Prisoner

by the Associated Pres
Atlanta. Ga, May 2e-Hooper
Alexander, United States Attorney for
the northern district OF Georgia. late
today filed with the State Prison
Commission, a plea for communication
of Leo NJ. Franks sentence, in which
he seeks to show by the testimony Of
the States own witnesses that Frank
did not murder Mary Phagan, but
that James Conley, a negro, now serv-
ing sentence as an accessory after
the crime, was the slayer.
Solicitor Dorsey Opposes Clemcncy.
Hugh NJ. Dorsey, solicitor general
who prosecuted Frank. also gave out
tonight his letter to the Prison Com
mission opposing clemency for Frank,
declaring the facts and circum-
stances surrounding the commission
| Of the murder do not invoke the ex-
ercise of mercy or offer inducement
| to temper the penalty. and further
that the fact that Franks convection
| has been affirmed by both State and
Federal courts despite the indefati-
gable exertions of his influential
| friends in and out of Georgia
justihes my deep conviction that the
ends Of justice have been accomplish
ed by the processes Of law"
Communication of $4,000 Words.
Mr.. Alexander explicitly states IN
his communication, which comprises
Approximately $4,000 words. that he
makes his appeal on Franks behalf,
not in his capacity as Federal attoF-
ney, but entirely in the capacity of a
private citizen Of Georgia who does
not desire TO see an innocent man
hanged for another's crime" His
argument starts with the proposition
that Conleys admission that he wrote
the murder notes." found beside
Mary Phagan's body, raises the con-
clusion that, unless he can furnish a
credltable explanation, Conley was
the slayer.
; Doubts ConIcy's Story
} The whole question" writes Mr..
Alexander. resolves itself into an
inquiry as to the truth of Conley' s
: story. Agreeing to the proposition
that the presumptiOns are, in the
present status, in favor of it's truth. /
5 propose to show how. when and why
the story was manufactured and I
shall do this without referring to any
testimony offered for the defense or
l stating any fact depending on that
testimony
In the effort to fulfill this promise
3 Mr.. Alexander presents circum stances
| tending to show why the police We're
0 liza bic to be mistaken and why the
! public failed at the time to preceive
/ | the Importance of the discovery that
); | Conley wrote the murder notes" He
n sets forth the known facts as the
| equation of q mathematical problem
: traces and groups the movements oi
: the persons concerned on the day oi
r the murder, as testified 10 by The
Il states witnesses, shows the evolution
of Conley's stories, the changes Conle5
made in them and the probable motive
for each variation. He also point:
e out alleged Inconsistencies in Conley':
a statements and argues on the physica
:. impossibility Of material features II
h the negro's story In this connection
e he says:
z While Conley's account of his &C.
4. tons and conversations with Franz
d after the murder, occupied, accordin;
q to him, only "a minutes, they coult
not have occurred within two hours
h According to the testimony Of the de
l. tectives it would have been more thar
rt an hour to prepare the notes, alone
l. hut / reduce that estimate 10 half al
l. hour"
n Dorsey's Reason for Opposing.
Mr.. Dorseys letter was III respons
- to notice from the commission o
i9 the pending application. He wrote:
u The court records Of the casf
s. which doubtless viii be considered b
ol you, present the details Of the Grim
- for the commission, Of which IRAN
s. was convicted by the courts Of TIN
We country, and illustrate the condition
10 and circumstances under which tn
re crime was committed. / do not un
so derstand the application for execntiV
n clemency to set up any newly dlscoF
lie cred evidence or other grounds no
e heretofore considered and finally ad
tjudicated by the various judges OF a
he the courts, State and Federal, whiC
fContinued on Page Sixteen)