The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1915-06-14
FRANK APPEAL
NOW BEFORE
GOV. SLATON
FOR AND AGAINST
EXECUTIVE CLEMENCY PRE-
sENTED FORMER GOVERNOR
OPPOSES COMPUTATION.

Atlanta, Ga, June 12.-Arguments
for and against Leo NJ. Franks ap-
! plication for commutation of his death
sentence were made at a hearing be-
! fore Governor Slaton here today. An
| adjournment was taken at l o'clock
| this afternoon until Monday to al
low Solicitor General Dorsey time to
prepare brief and to present his
oral argument against the application.
j Franks counsel will also be heard in
reply. D..
Joseph NJ Brown, who was COVER
nor of Georgia when Frank was ar
rested for the murder OF Mary Pha-
gan, was the principal speaker in op-
position to clemency. In closing, he.
declared
IF Your EXcellency wishes to in
woke lynch law-if you wish to weak
en-, if not destroy, trial by jury in
this state, you can do it by reversing
all the courts decisions in the pres
| ent case"
Howard Speaks for Frank.
William NJ Howard, in his open
ing argument for Frank, said that the
condemned man would rely on the
record of the case to convince the
| governor of his innocence. Governor
Slaton put many questions to Mr..
Howard. The governor said he want
ed to ascertain how the testimony OF
| James Conley. a negro, one of the
states principal witnesses, harmon
lied with that of other witnesses
of the state and defense.
Immediately after the hearing open
ed Mr.. Howard stated that there
would be only one speaker in behalf
of Frank. 1t also was announced that
Solicitor Dorsey, A. Il. Stephens. and
former Governor Joseph NJ. Brown
would deliver addresses opposing
clemency for Frank.
Mr.. Howard then formally present
ed his documentary evidence. He
stated that Frank would introduce no
new evidence or witnesses.
In Behalf of Frank.
Eve expect to convince you by
what is contained in the records"
he said, that Frank is innocent. We
only ask you to change the penalty
passed in this case to the alternative
penalty provided by law. The diff
ference between what our petition
asks and the judgment as it stands,
is the difference between life and
death.
81 shall undertake to show by the
record that Frank logically could not
have had any part in Mary Phagan's
murder. | also shall undertake to
show that the negro, James Conley,
first robbed, then assaulted and fin
ally murdered the girl"
In reply to question by Governor
Brown, Mr.. Howard said he was will
ing to accept the testimony of the
state chemist, DR.. r. Harris, and
other state witnesses, as to the vio-
lence committed against the Phagan
girl prior to her murder. The attor-
ney argued at length on this testi-
mony.
where do you say Mary Phagan
was killed the governor asked.
Il think the blow was struck on
the floor of the pencil factory as she
came down the steps from the sec
ond floor" replied Mr.. Howard
Was Killed in Basement.
"Then, being stunned, | think she
was taken to the basement, where she
was further assaulted and the actual
murder accomplished. The records,
however, are rather blank as to how
she got into the basement"
Excepting the testimony of Con-
ley" suggested the governor.
"Oh, if we are to accept Conely's
story as true. we have no case here
whatever" replied the lawyer.
BY his questions during Mr. How
ards argument, the governor indit
Gated that he proposed to go exhaust
lively into the evidence. He also
stated that he intended TO visit the
factory where the murder was com
mitted before he made his decision
in tho paSp