South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-06-21
COY. SLATON SAVES FRANK
FROM GALLONS, SENDS HIM
TO PENITENTIARY FOR LIFE
| Did Ny Duty;
My Conscience is
Clear-SlatOR
Governor Justifies Action by
Declaring Doubt Forbade
Killing Accused.


Gov. John NJ. Slaton. this morning.
discussing his action in committing
Leo NJ. Franks sentence IF ] had
failed to commute Franks sentence /
would have been guilty Of murder, as
see it."
Gov. Slaton was sitting propped up
in bed in pair of blue pajamas. his
eyes red and swollen from loss of
sleep.
"Of course. 1 care for the public
appreciation he continued in cN-
planning his course, but should / have
failed TO commute Frank I would have
been guilty as ] see it, of murder
II could not have that mans blood
on my hands under the circumstances.
Il can plOw and hoe and live in
obscurity. if necessary. but L could not
afford not to commute him. IT was
a plain case of duty as I saw it, and
believe the people will realize that
this was my only course
"All I wish now" said the COVER
nor. lis that the people of Georgia
withhold judgment until they have
given calm and careful consideration
of my statement on this case. 1 am
sure that my action has been the
right one the just one, and the one
that all patriotic Georgians viii agree
with"
Issues Justification.
Gov. Slaton issued a long statement
reviewing the case and justifying his
Communication of the sentence. The
conclusion OF this statement follows:
The conviction of Frank was on
circumstantial evidence, as the solic-
itor general admits in his written ar
gument
Judge Roam, however. misconstrued
his power, as evidenced by the fOlloW-
ing charge TO the jury in the case of
the state against Frank.
If YOU believe beyond a reasonable
doubt from the evidence in this case
that this defendant is guilty OF mur-
der. then you would be authorized I'm
that event TO say. we the jury find
the defendant guilty Should you go
further gentlemen, and say nothing
else in your verdict. the court would
have 10 sentence the defendant to the
extreme penalty Of murder 10 wit:
To be hanged by the neck until he is
dead "
Surely if Judge Roam entertained
the extreme doubt Indicated by his
statement and had remembered the
power granted him 10y the code, nc
would have sentenced the defendant
TO life Imprisonment
Three Matters Develop Later.
Three matters have developed since
the trial which did not come before
the jury, TO wit: The testimony of
Becker. indicating that the death
notes were written in the basement.
and the testimony Of DIR. Harris. that
he was under the impression that the
hair on the lathe was not that of
Mary Phagan, and thus tending tOl
show that the crime was not commit
ted on the floor of Franks office
While made the subject of an cX-
traordinary motion for a new trial. itl
is well known that it is almost a prac-
teal impossibility TO have a verdict
set aside by this procedure
The evidence might not have
changed the verdict, but II might
have caused the jury 10 render YER
dict with the recommendation tOI
mercy.
Duty a Matter OF Conscience.
In any event the performance OF
my duty under the constitution is "a
matter of my conscience. The respOn-
sibility rests where the power is re-
posed. Judge Roam. with that awful
sense Of responsibility. which probably
came over him as he thought of shat
judge before whom he would shortly
appear calls 90 me from another
world 10 request that ] do that which
He should have done ] can endure ,
miscOnstTUctiOn, abuse and cOndem
nation, but I can not stand the con-
cLdIl fDlll itI4lDllrlili li vi clAA tl' At'l-t-
conscience. which would remind me in
every thought that ], as governor of
Georgia. failed TO do what I thought
10 be right There is territory
beyond reasonable doubt and absO- |
Lutte certainty for which the law pro-
vides in allowing life Imprisonment
instead OF execution. This case has
been marked by doubt The rial
Judge doubted Two judges Of the
supreme court of Georgia doubted.
The judges Of the supreme court Of
the United States doubted. one of
the three prison commissioners doubt
ed.
Sustaining jury and Judge.
In nay judgment. by granting q
communication in this case I am s1ls-
tanning the jury. the judge and the
appellate tribunals. and at the same
time am discharging that duty which
is placed on me by the constitution OF
the state.
Acting. therefore, in accordance
with which I believe 20 be my duty
under the circumstances OF this case.
il is ordered That the sentence In
the case OF Leo n Frank is COM
muted from the death penalty 90 inn
prisonment for life. This 21st day OF
June. 1878
iSlgned) JOHN n SLATDN.
Governor
STEAMSHIP MOVEMENTS.
NEW YORK, June 21-No steam
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