The Birmingham age-herald., 1915-06-17
Hearing on Appeal for Com mutation of Death Sen- tence to Life ImprisOn- ment Ends
HOWARD MAKES CLOSING PLEA IN
 BEHALF OF FRANK
Attacks States Testimony and Claims Jim COnley's Evidence Is Pure Fabri- cation

Atlanta, June 16.-The fate of Leo l NJ. Frank was placed finally in the hands of Governor Slaton late today at the close of the hearing on an ap- peal for communication of his death sem tence. The governor took the case under adyisemcnt and announced he would render decision as soon as possible. This, however, is not ex. pected before Friday or Saturday at the earliest.
 1 Frank Is under sentence to he hanged on June % for the murder of Mary Pha- gan.
 The session today was occupied by Att torney William M Howard in his clos l ing argument in behalf of Franks plea. Mir. Howard was interrupted frequently by questions from the governor on va- , rious points of evidence, and by Solicit tor Dorsey, who took issue with state- ments as to what had been brought out in the trial.
 MT. Howard attacked the testimony of state witnesses and sought to convince the governor of alleged Inconsistencies and contradictions in the testimony and affidavits of Jim Conley. a negro, who served prison term as an accessory after the murder. He asserted repeated ly that conleys story was an invention of his own mind. designed to divert sus- picion from himself In closing MT. How ard declared:
 -a this case, forget all that has passed tn the last two years, give me a public mind that is d clean slate and put the case in any county in Georgia and I will acquit this defendant in so minutes"
 Not in Factory
 Mir Howard declared that by the testi- mony of the states own witnesses, tho record showed Mary Phagan was not in the pencil factory at tine time prose cution contended Frank killed her. He a lso declared the record showed that the girl had not arrived at Franks office at the time Conley, In his testimony. had said he already had disposed of the body.
 The atttorney presented to the governor a weekly financial sheet of the factory. which he declared Frank had made up tho day the girl was murdered. We con- tend" he said, that a person could not have made out this complicated statement after he had committed such foul mur- der"
 Solicitor Dorsey asserted that the state contended the financial statement had been compiled prior to the crime.
 That. however. the state never proved,' replied MT. Howard. With last appeal for clemency the , attorney concluded and the was submitted finally to the governor.
 Mr. Howard said the state set up two primary facts as corroborating Conley-- the finding of hair on lathe handle in , the metal room of the factory and the dis coverv of a few blood spots near the dressing room.
 But the prosecution did not. or could q not prove that the hair was that of Mary Phagan asserted Mir. Howard. No one testified it was her hair. The cut in the girls head was two and half inches long and went through the scalp to the skull. and yet no blood was found [ under the machine. The state eontended l. she staggered 30 feet from the machine to the point where Con1ey testified he found the body in the office yet there was no 7 blood along the floor. and none at the 8 elevator. or in 1t. yet coney said he took tContinued on Page Nineb