Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-06-15


he denied he was at the pencil factory
the day of the murder. Later he adj
mitted he wrote the notes hut said
Frank dictated them and then he nd
mitted he was at the factory the day
Of the murder and told the story OF
helping Frank to dispose of the girls
body, trying to fasten the crime on
some one else
Murder Notes Not Franks.
The murder notes wero not the
mental efforts of Frank, for they are
IN the language, style and form OF
expression of Conley. The prosecu-
ton contended that the correct use
of the word did was not compatible
with Conleys education. But In the
Anna Maud Carter letters, part oi
which Conley admitted he wrote, we
find the same language and form OF
expression as were used in the muir
der notes, as we'll as the correct use
Of the word did In his testimony on
the stand. the record shows Conley
correctly used the word did more
than 100 times"
Howard attacked the testimony and
Neracity of other state witnesses.
Time of Killing Important.
1T is immaterial that Monteen Sto-
yer was in Franks office between
1906 and 1910 on the day of the
murder and Frank was not there,
said Howard we know Frank was
not killing Mary Phagan at that time,
for she had not arrived there, The
testimony shows that Mary Phagan
could not have reached Franks office
until 1919 p. m.
is that the time accepted by both
sides as the time of Miss Phagans ar
rval2" asked Governor Slaton.
NO" replied Dorsey. THE state
coutended that she reached the fac
tory at the time Frank stated, 1905
p. m.
we will leave the record to show
which side il correct on this point,
said Howard.
The hearing was adjourned until
Wednesday.
Three Points Discussed.
Mr. Dorsey discussed the case on
three points raised by Franks at
torneys.
First. that Frank was not accord
ed fair trial; second, that the evi-
dence did not show the defendants
guilt beyond reasonable doubt;
third. that Judge J.. S. Rom, the
trial judge, was not convinced Of the
prisoners guilt.
Regarding the first point, Mr.. Dor
sey said counsel never asked n change
of venue and that there was no an
tagonstic sentiment toward Frank
prior to the trial.
There were developments in the
trial. he said, which might have
been calculated to incense the people
because Of the narrowing details of
the crime. The state supreme court,
however, ruled upon this point, that
there had been no showing by the de-
fense thai there had been any demon
stration in the court room which could
have been held to have deprived the
prisoner Of a fair trial"
Frank Had Fair Trial.
Judge Roam himself. declared the
solicitor, said he had a fair trial.
"The record shows he continued,
the demonstration by the crowd out
side the court room was not heard by
the jurors and there was nothing to
justify the allegation that the crowd
in the court room shouted to the jury.
Hang Frank or we'll hang you.
The state and federal courts also
held, he said, that allegations of mob
violence were raf e1ast lined.
Dorsey was interrupted TO allow
the Rev. {. b. Wilmer, a local Epis-
copal minister, to present a petition
from Atlanta ministers urging com
mutation. DR.. Wilmer urged the gov
ernor to decide the case "on its mer-
its and on justice and without any
form of prejudice He said com
mutation was justified by the atm0s-
phere of Atlanta before and during
The trial, by the manner in which the
evidence against Frank was obtained
and by the reasonable doubt Of
Frank guilt, which he said still ex-
listed.
Resumlng, Dorsey replied briefly to
DR.. Wilmer, declaring he felt the state
had clear case against Frank with
out using the testimony of the negro,
James Conley He offered in evidence
affidavits from the sheriff and sew
eral deputies in which they denied
that there was evidence of mob Vio-
lence in the court room.
Character of Defendant
Taking up the allegation that the
evidence did not show Franks guilt
beyond a reasonable doubt, the solie-
itor declared ten witnesses gave evil
dence derogatory to Franks moral
character prior to the murder of
Mary Phagan and that the defense
did not ask any of these witnesses a
single question.
Mary Phagan was a pretty girl of
a." said Mr. Dorsey. Frank con-
tended that he did not know her, but
the state showed BY four witnesses
that he knew her and one witness
testified hat he saw Frank talking to
her and heard him call her Mary I"
Newt Lee, the negro watchman,
testified that on the afternoon of the
murder III went to the factory at four
o'clock, declared Mr.. Dorsey, and
found the double inside doors locked,
contrary to custom. Frank. he testi-
fled told him to go and have n good
time until O'clock. Lee also testi-
fled that Frank telephoned him that
night asking if everything was all
right, something he had never done
before" Frank wanted Lee out of
the way, contended the solicitor.
PLAN OF ZEPPELINS TO
DT kdhTEDIht " NLJhM0E