Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-05-30
FIGHT To SAVE FRANK
FROM DEATH CONTINUES
Z. S. Attorney for Northern District
of Georgia Seeks to Prove
His Innocence.
PUTS BLAME ON JAMES CoNLEY
Uses Testimony OF States Own Wit
nesscs in His Appeal for Commuta-
tion-Attorney Who Prosecuted
Prisoner Opposes Clemency.

ATLANTA. GA. May 29.-Hooper
Alexander. United States attorney for
the Northern District of Georgia. late
to-day filed with the State Prison Com
mission 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. negro. now serving a SEN
| tence as an accessory after the crime.
was the slayer.
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 circumstances
surrounding the commission of the
murder do not invoke the exercise OF
mercy or offer inducement to temper
the penalty" and. further that the fact
that Franks conviction has been af-
hrmed by both State and Federal courts.
despite the interchangeable eXertions of
his influential friends in and out of
Georgia. justities my deep conviction
that the ends of justice have been ac-
complishcd by the processes OF law"
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 attorney,
but entirely in the capacity of pri-
vate citizen of Georgia, who does not
desire TO see an innocent man hanged
for another's crime" His argument
starts with the proposition that Con-
ley's admission that he wrote the
murder notes" found beside Mary
PhaGan's body. raises tho conclusion
that. unless he can furnish credible
explanation. Conley was the slayer.
RESOLVES ITSELF INTO
TRUTH OF COSLEY'S STORY
The whole question" writes Mr..
Alexander. resolves itself into an in
quiry as to the truth of Conley's story.
Agreeing TO the proposition that the
presumptions are, in the present status,
in favor of its truth. propose to show
how, when and why the story was
manufactured, and shall do this with
out referring to any testimony offered
for the defense, stating any fact
depending on that testimony"
In the effort to fulfil this promise,
! MT. Alexander presents circumstances
tending TO show why the police were
liable to he mistaken. and why the pub
lie failed at the time to perceive the
Importance OF the discovery that Con-
ley wrote the murder notes" He sets
forth the known facts as the equation
of q mathematical problem and croups
the movements of the persons con-
cerned on the day of the murder, as
testified to by the States witnesses;
shows the evolution of Conley's stories.
the changes Conley made in them, and
the probable motive for each varia =
tion. He also points out attending in :
consistencies in Conieys statements,
and argues on the physical impossi-
bility OF material features in the
neGro's story. In this connection. he
says:
while Conleys account OF his ac-
tions and conversations with Frank af-
ter the murder occurred. according to
him, only thirty-four minutes, they
could not have occurred within two
hours. According to the testimony of
the detectives. 1t would have taken
more than an hour to prepare the notes
alone, but reduce that estimate 10
half an hour"
LETTER IN RESPONSE
TO COMMISSIONS NOTICE,
Mr.. Dorseys letter was in response
to notice from the commission OF the
pending application. He wrote:
Tho court records OF the case, which
| doubtless will be considered by YOU,
Continued on Ninth Page1