Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-06-15
Evidence in Celebrated Case
Is Gone Over by Attorneys
in Smallest Detail in Argu-
ment Before Governor,
DEATH PENALTY URGED
BY SOLICITOR DORSEY
Governor SIaton Hears Appeals
Both for and Against Con-
demned Man; viii Decide
Question in Few Days,


Atlanta, Ga, June tf.--Testimony
for and against Leo NJ Frank, pre-
scented at his trial and in subsequent
court proceedings was reviewed be-
fore Governor Slaton today at the
hearing on Franks application for
commutation of his death sentence.
When the hearing Is resumed Wed
nesday, w. NJ Howard will complete
his argument in behalf of Frank and
the case then finally will be submit
ted to the governor.
Solicitor Dorsey, In his argument
undertook to convince the governor
OF Franks guilt on the testimony of
other witnesses than jim conley. the
negro who was convicted as an aeees-
sorry after the murder.
Mr.. Howard also relied upon the
record to show Franks innocence. He
declared the trail of the murderer led
from the murder notes found beside
the girls body and which Conley tes-
tilted that he wrote at Franks die
tation
Attack ON Conley.
Howard attacked Conleys affidavit
and testimony and asserted his story
was "a cunning invention of Conley
own mind, contriyed to save his own
llit anu u ptitt lHt utDSt VI lilt law
around the neck of another"
Frank denied that he saw Conley
at all on the day of the murder" said
Mr.. Dorsey, "but two witnesses testi-
fled they saw him talking to the me-
gro on the street before noon. Frank
admitted Mary Phagan was on his
floor at 1906 or 1910 or maybe 1907
the day of the murder. lie said he had
not left his office after IL noon until
he left the factory about / p. m, ex-
cept when he went up stairs. about
1890 y. m. to ttN % sVhfts =
leave the building. But the testimony
OF Miss Monteen Slower was that she
went to his office at 12:05 and did
not leave until 1910 p. m, and that
Frank was not in his office during
that time.
Mary Phagan was not seen alive
by anybody after Frank saw her.
Blood WAS found on Franks floor and
the hair identified az Mary's was
found on his floor
Eranlt's Nervousness.
Mr.. Dorsey called the governors at
tention to testimony of several wit
nesses that Frank showed evidence of
extreme nervousness when he was
taken to the factory and into the base
ment the morning Mary Phagan
body was found there
Frank never accused Jim Conley
of connection with the murder prior
TO the negros arrest declared Dor
sey. ALSO, Frank did not tell the
police or detectives that Conley could
write when the authorities were try
ing to show that Conley wrote the
murder notes After Conley admit
ted writing the notes, Frank said he
knew all the time that the negro could
write. Frank tried to turn suspicion
toward others than Conley
* Frank had to take Conley into his
confidence because the negro saw the
little girl go up to his office and never
saw her come down. Besides. he was
able to get some one to write the
murder notes and divert suspicion
from him"
AIR Dorsey declared that Judge
Roan's written order denying Frank
new trial contained nothing to show
dissatisfaction with the jury's YER
dict.
Scene of Crime Visited.
At the close of Solicitor Dorsey :
argument, Governor Slaton declared
a recess to visit the crime scene. Then
later w. M. Howard began his argu-
ment for Franks appeal.
Taking up his reply to Mr.. Dorsey
Howard saidl
eliminating Conley's testimony
there is nothing in the circumstantial
evidence to connect Frank with the
murder of Mary Phagan. The only
point in this record where Frank is
coupled with this crime is in the alle-
cation of his connection with the writ
ing of the murder notes and on this
point there is only Conley's story that
Frank dictated them to him
Howard told of the finding OF Mary
Phagan's body in the basement of the
pencil factory and continued
Near here were two notes purport-
ing to describe the person who COM
mitted the crime. 1t Is to be sup
posed that the person who wrote them
had something or all to do with the
crime. Conley confessed / wrote the
notes.
Conley's Criminal Record.
Howard declared Conley had testi-
fled that on his way to the factory the
morning of the murder he had drank
beer, wine and whiskey. In five years
he said. the negro had served seven
sentences for breaking Atlanta mu'
nicipal laws. That, said Mr.. Howard,
was the kind of person that crouched
at the foot of the stairs as Mary Pha-
gan came down. Her mesh bag con-
taining her money never has been
found
The testimony" Howard contin
ued, shows there were evidences that
The girl had been assaulted. Murder
to conceal the robbery and assault
would be the natural thought of q
negro to save his own life. Conley al
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