The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1915-06-17
DECISION AGAINST FRANK.
Prison Commission Declines to Rec
ommend Communication of Sentence.


the death sentence pronounced upon
Leo NJ. Frank for the murder OF
Mary Phagan. Commissioners E. L..
Rainey and R. E. Davidson voted
against a recommendation for clem-
ency. Judge T. E. Patterson voted
in Franks favor. The commission
submitted its report to Governor
Slaton shortly before noon, its con-
tents Immediately being made pub
lie by the governor.
The matter now is in the hands OF
Governor Slaton. The recommenda-
ton of the commission is in no way
binding upon the governor, who, 1t
was stated, will conduct further hear
ings before making his decision.
The majority report of the COM
mission was as follows:
None of the grand jurors who
found the indictment, none of the
trial jurors who heard the evidence
under oath nor the prosecuting at
torney have asked that the sentence
be commuted. The judge who pre-
sided at the trial, and who had the
right to exercise the discretion OF
fixing the penalty at either life i'm
prisonment or death, imposed the
latter sentence, and overruled mo-
ton for new trial.
Several Appeals Taken.
Several appeals were taken to
both the appellate court of the State
and the supreme court Of the United
States, all of which were denied and
the judgments of the lower courts
affirmed, thus assuring the defendant
of his legal and constitutional rights
under the laws of the land. 1t fur
: ther appears that there has been no
technical proposition of law or OF
procedure that has prevented the pc
titioner from having his guilt or in
nocence passed upon by jury OF
his peers and by the highest constl-
tuted appellate authorities, and no
new evidence or facts bearing upon
his guilt or innocence having been
shown, we see no reason for taking
this case out of the ordinary rules of
law and Justice, and feel constrained
not to interfere with the enforcement
of the ordinary judgments of the
court"
Commissioner Patterson, in his
dissenting report, said that consldera-
tion of the nature of the evidence
against Frank left the mind open to
uncertainty as to whether there is
room to doubt the story told by
James Conley, the negro who was one
of the principal witnesses against
Frank. eff we take the evidence
outside of that of Conley and Frank,
Mr.. Patterson's report says, we find
Frank and Conley had equal oppor-
tunity and motive for committing
the crime, with the possible added
motive of robbery on the part Of Con-
ley; that Conley wrote the notes
found by the body; that Conley mace
several conflicting afidavits as to his
connection with the crime. and that
Conley in making these statements
was trying to protect himself"
Judge Roan's Letter.
Mr.. Patterson also says that the
trial judge, the late Judge l.. s.
Roam. in a letter, which he authoriz-
ed to be used in the hearing, concern
ing Conley's testimony, says: AFTER
months of continued deliberation l
am still uncertain OF Franks guilt
This state of uncertainty is larger!
due to the character of the negro
| Conley's testimony, by which the ver-
dict was evidently reached In the
language of the supreme court, this
case depends largely upon circum-
stantial evidence. In my lnvestlga-
ton l cannot find where the eXecu-
tive has allowed a man to be hanged
when the trial judge was not salts
fed as to his guilt. and so communi-
Gated to the governor. In addition
to the doubt of the trial judge we
have the fact that two justices OF our
supreme court say, in their opinion,
this applicant has been denied a
fair trial.
In view of these facts in the rec
| ord, besides others, am persuaded
that the governor is authorized to,
and should, commute the sentence
of Leo NJ. Frank to life imprison-
ment, especially as this does not dis
turb the verdict in the case found by
the Jury, but only substitutes one
penalty prescribed by the law for
murder, that of life Imprisonment,
for the extreme penalty of death
Branding for crimes is still per-
| formed in some countries and was