The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-06-12
Governor Slaton Hears Re.
cital of Grisly Evidence in
the Assault and Murder of
Mary Phagan.
NO NEW EVIDENCE
Is INTRODUCED
Session Adjourns to Monday
When Time Is Asked to Pre-
pare Brief; Governors
Questions Show Study.

Atlanta, Ca. June Ig.-Attorneya
Tor Leo NJ. Frank to-day began before
Governor Slaton their final affort to
secure communication OF their clients
ueuih sentence tu life imprisonment.
Former Congressman w. NJ Howard.
appearing In Frankn behalf an.
nounoed he would not present new
evidence or INTRODUCES new witnesses.
nut would rely on the record in the
case and such evidence "a had al-
ready been laid before the Georgia
pripson commission.
solicitor Dorsey. former Governor
Joseph NJ. Brown. and A. y. stephens
were among those to oppose Frank's
appeal for clcmcncy.
Mr.. Howard presented a mass Of
documentary evidence
I'VE expect To convince van bv
what is contained IN the records" /" ne
said that Frank is innocent. shall
Hhow hy the -rseofa thai Frank logic
ally could not have had part in
Mary Phagnn's murder. skali also
undertake To show that tho negro.
james coniey. first robbed. then as
sanlted and finally murdered the
girl"
In reply 10 question by Governor
Slaton. Mr.. Howard said he wns will
ing 10 accept the testimony Of the
state chemist. Dr. r. Harris. and
other state witnesses rs Co the vio-
lence committed against the PhnRnn
girl prior to the 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 first floor Of the pencil factory
as she came down the steps from tho
second floor" replied Mr.. Howard
Then. being stunned. think she
was taken To the basement, where
she was further assaulted and the
actual murder accomplished. The
| record, however. II rather blank as
To how she got into the basement"
Excepting the testimony Of Con-
| ley suggested the governor.
"oh, II we are to accept ConIey's
story as true we have no case here
whatever" replied the lawyer.
by his questions during Mr.. How
ard's argument the governor Indicnt-
ed that he proposed 10 go exhaustive
that he intended Ia visit the factory
where the murder occurred before
ne made his decision In the case.
Mr. Howard read nineteen alIega-
tons made against Frank BY tho
prosecution. Independent ~ the tea-
timony ~ Coniey.
Every one of the circumstances
and allegations contained In these
points" he declared. I'VE have dis
proved or refuted with satisfactory
explanation"
At the close Of Mr.. iIoward's nd
dress speakers from the Marietta
| delegation. IN charge of former Cow
ernor Brown, argued against Franks
appeal These include Solicitor clay
OF cobb county and NJ NJ Sessions.
The hitter read resolutions protesting
ReaiHst "outsldc Interference with
the courts OF law Of Georgia" re-
comfy adopted hy a mass meeting at
Marietta
Mr.. Brown presented the clOsInr
! argument FOR his delegation. speak
/ ing of the late Judge Roan's letter
I he said that nowhere In the letter did
the iurist say he believed Frank was
innocent. but thta he only expressed
a doubt as 90 MS guilt u want Ia
1 say" he continued. that the word
| mercy cannot be found In the consti-
tuition OF Georgia. Nowhere 81 II
found In the Bibie where Il Interfere,
with Justice"
Mr.. Brown in his concluding argu-
ment said.
Georgia hns one law FOR all men
Christian ana Hebrew alike. ana ~
men must obey ii Your exceilency
n you wish 10 invoke lynch law-t,
weaken " not destroy trial by fur,
In this stnte--yOu can do Il BY re-
versing al the courts decisions u
this case"
The hearing ended unexpectedly a
! p M when Solicitor Dorsey re-
auested time In which 10 present Z
written brief and 60 make an oral ar
sumenH Governor slaton immedl'
aiely granted This request ana M
nouneed ON adjournment until Mnn
day.