Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-06-10


William Howard will conduct Franks
case and Solicitor General Dorsey viii
oppose clemency. Mr.. Howard said
tonight he proposed to argue that the
record shows the evidence against the
prisoner was circumstantlal and that
this, together with the trial judges
doubt of Franks guilt. was sufficient
10 warrant commutation.
No New Evidence.
The majority report Of the prison
commission held that neither the
grand jurors. the trial Jury. nor the
prosecutors had asked ar commute
tion that all the courts, state and fed
eral. which reviewed the case had up
held the verdict, that no new evidence
or facts bearing on the prisoners guilt
or innocence had been shown and
that they saw no reason to Interfere.
The dissenting report held that the
evidence against Frank was circum-
stantial; that the trial judge enter
talned a doubt OF the prisoners guilt,
and that the record in the case justl-
fled the governor in committing the
sentence.
Report OF Majority.
The majority report Of the commits
sion said
None of the grand jurors who
found the indictments, none of the
trial jurors who heard the evidence
under oath, nor the prosecuting at
torneys have asked that the sentence
he commuted. The judge who pre-
sided at the trial and who had the
right to exercise the discretion Of fix
ing the penalty of either life impris-
onment or death, imposed the latter
sentence and oVerruled motion for
a new trial.
Several appeals were taken TO both
the appellate court Of the state and
the supreme court of the United
States all of which were denied and
the judgment of the lower court af-
frmed, thus assuring the defendant
of his legal and constitutional rights
under the laws Of the land. 1t fur
ther appears that there has been no
technical prohibition of law or of pro-
cedure that has prevented the petit
toner from having his guilt or inno-
cence passed upon by a jury Of his
peers and by the highest constituted
appellant authorities, and no new
evidence or facts bearing upon his
guilt or innocence having been shown,
We see no reason for taking this case
out of the ordinary rules Of law and
Justice and feel constrained not to in
terfere with the enforcement of the
orderly judgment of the courts"
The Dissenting Report.
Commissioner Patterson in his dis
senting report said:
"If we take the evidence outside Of
that Of Conley and Frank we find
Frank and Conley had equal oppor-
tunity and motive for committing the
crime with the possible added motive
of robbery on the part of Conley; that
Conley wrote the notes found by the
body. that Conley made several con-
flicting affidavits as to his connection
with the crime and that Conley in
making these statements was trying
to protect himself"
Mr.. Patterson referred to the late
Judge Roan's letter. saying that after
months Of continued deliboration, 80
he still was uncertain of Frank 8
guilt. and continued:
I'm my investigation | cannot find
where the executive has allowed a
man to be hanged when the trial
judge was not satisfied az to his guilt
and so communicated to the governor
In addition to the doubt of the trial
judge we have the fact that two JUS
tees Of our supreme court say in their
opinion that this applicant has been
denied a fair trial"