Arizona republican., 1915-06-17
DECISION IS
 EXPECTED SOON
Governor Must Hand Down Findings Within Few Days as Execution Has Been Set for Next Tues day Morning
ASSOCIATED PRESS D1sPArcHI

! ATLANTA, June 16.-Leo Franks
 final appeal for a communication of the death sentence to life imprisonment | was completed today and his fate ] placed in the hands of Governor Sla- 1 ton, who took the petition under ad- ! visement with the announcement he would make a decision as early as pos sible. It is not expected before Friday or Saturday al the earliest. Next Tuesday is the cate set >or Franks ex- ecution for the murder of Mary Phagan
 The conclusion of the proceedings before the governor exhausted the last recourse Frank may employ in an ef- fort to escape the gallows. The decis- ion-for or against commutation-will bring to an end remarkable series of legal contests in the state and federal courts to clear Franks name and pro- ceedings for clemency before the state prison commission and governor.
 The session today was occupied by Wm. Howard in his closing argument in Franks behalf. Howard was inter rupted frequently by questions from tile governor on points of evidence and by Solicitor Dorsey, who took issue with
 
 brought out at the trial. Howard at lacked the testimony of state witness es and sought to convince the governor Of the alleged inconsistencies and con tradictions in the testimony and affi- . davits of Jim Conley, the negro who served a prison term after the trial
 He asserted Conley's testimony was the invention of his own mind and designed to divert suspicion from him. self
 Take the name of Leo Frank out of this case" declared Howard Forget all that has passed the last two years. give me a public mind that is a clean slate, put this case in any county in Georgia, and l will acquit this defen- dant in thirty minutes"
 Howard declared that by the testi- mony of the states witnesses the rec ord shows that Mary Phagah was not in the pencil factory at the time the prosecution contended Frank killed her. He also declared the record showed that the girl had not arrived at Franks office at the time Conley in his tes- timony said he had already disposed of the body.
 The attorney presented to the gover- nor the weekly financial sheets of the factory, which he declared Frank made up the day the girl was murdered
 We contend he said, that person could not have made out this compli- cated statement after he had commit cd such a foul murder"
 Solicitor Dorsey asserted the state contended the financial statement has been compiled prior to the crime.
 Ihat, however. the state has never proved" replied Howard
 Continuing. Howard contended. the murder notes" which Conley swore he wrote at Franks dictation and which were found beside Mary Phagan's body. established the negro,s connection with the crime
 We contend the evidence shows the yellow paper on which one note was written, was in the basement of the pencil factory said Howard; and hat COnIey got it there and wrote the notes there. The record shows no or ginal pieces of paper like the order plank on which the notes were written were Tn Franks office or in the fac -ory's store. The records show that Mir Becker. former employe of the fac -ory, before he left his position, bund- ed up all the used order blanks, in 'luding the series of which this par lcular yellow sheet appeared and sent them to the basement to be burned. This yellow murder note shows m order blank used in the year 1909. Mary Phagan was killed on April l. l91S."