The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1915-06-13
Is LAST CHANCE
To SAVE HIS LIFE
Arguments Heard Yesterday
and Hearing Continued I'm
til Tomorrow.
GOVERNOR TO STUDY CASE
Former Governor Brown Headed
Marietta Delegation Protest
ing Against Communication.
Solicitor Asks for More Time.

ATLANTA. June FL. NJ Franks
attorneys and Solicitor Hugh M. Dor
sey early today began before Gov
ernor Slaton what is considered the
final fight on Franks application for
commutation of his death sentence to
life Imprisonment. Argument In be-
helf of the condemned man was
made by former congressman w. M.
Howard, while Mr.. Dorsey presented
the arguments against Franks appli-
cation. Among other speakers who
were expected to be heard in opposi-
tion to an extension of clemency was
Joseph NJ Brown, former governor of
Georgia, who heads a delegation
where Mary Phagan formerly lived.
Mr.. Howard submitted a mass of
court records in the case, statement
by Mrs. Frank, and letter signed by
the late Judge l.. S. Roam, who pre-
sided at Franks trial, in which he
expressed doubt of the prisoners
guilt All this documentary evidence
was presented at the recent hearing
before the state prison commission.
Immediately after the hearing
opened Mr. Howard stated that there
would be only one speaker in behalf
of Frank 1t also was announced
that Solicitor Dorsey, A. e. Stephens.
would deliver addresses opposing
clemency for Frank.
Mr.. Howard then formally pre-
sented his documentary evidence. He
stated that Frank would introduce no
new evidence or Witnesses.
1--WE expect to convince you by
what is contained in the records" he
said, that Frank is innocent. We
only ask you to change the penalty
passed in this case to the alternative
penalty provided by the law. The
difference between what our petition
asks and the judgment as 1t stands Is
the difference between life and death.
81 shall undertake to show by the
record that Frank logically could net
nave mad any part in Mary Phagan's
/ murder. | also shall undertake to
show that the negro, James Conley,
first robbed, then assaulted and final
ly murdered the girl"
In reply 70 question by Governor
Slaton, Mr. Howard said he was will
ing to accept the testimony of the
state chemist, Dr. Harrit, and
other state witnesses as to the yio-
lence committed against the Phagan
girl prior to her murder. The attor-
ney argued at length on this testi-
mony
81 think the blow was struck on the
first floor of the pencil factory, as
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 is 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 Conley's
story as true we have no case here
whatever" replied the lawyer
BY his questions during Mr. How
ards argument the governor indicat-
ed that he proposed to go exhaustive
ly into the evidence. He also stated
that he intended to visit the factory
where the murder occurred before he
made his decision in the case
The hearing this afternoon was adj
journed until Monday at the request
of Solicitor Dorsey for further time.
The defense rested its case.
Governor Slaton is making a close
inquiry into the case, going deeply in
to every phase. Former Governor Jo-
seph M. Brown and the Marietta del
egation spoke before the governor
urging him not to interfere in Franks
behalf. Harry Alexander will close
for Frank Monday after the governor
hears Solicitor Dorsey's argument
against clemency. A large crowd at
tended the hearing today.