Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-06-10
ONE STEP NEARER
HANGMAN'S MOOSE
Prison Commission Refuses to
Recommend Communication of
Franks Death Sentence.
NOW TO GOVERNOR SLATON
Last Desperate Fight Will Be
Made to Save Alleged Muir
4, derer's Life.
NOW TO GOVERNOR sLATON

ATLANTA GA, June s-The State
Prison Commission, by a vote of
to l. to-day recommended to Gov
ernor Slaton that Leo NJ. Franks death
sentence be not commuted TO life i'm
Frisonment. A further hearing on the
case. however, will be held by the Gov
ernor, with whom rests the final de-
cision.
Governor Slaton announced tonight
that he would confer tomorrow with
counsel for the prisoner and the State
as to the hearing. Franks counsel
Will ask that an immediate date be
fixed. The appeal to the Governor is
Franks last fight against his execu-
ton. which Is set for June % next.
Former Congressman Howard will
conduct Franks case before the Gov
ernor. and Solcitor-General Dorsey
will oppose clemency. Mr.. Howard
said tonight he proposed to argue
that the record in the case shows the
evidence against the prisoner was cir
cumstantial. and that this, together
with the trial judges doubt of Franks
guilt, was sufficient to warrant the
executive In extending clemency Mr..
Dorsey declined to outline the points
he planned to emphasize In his argu-
ment.
NO NEW EVIDENCE FOUND
TO JUSTIFY LIGHTER SENTENCE
The majority report of the prison
commission opposing Communication held
that neither the grand Jurors who In
dicted Frank. the trial jury nor the
prosecutors had asked for commuta-
tion; that all the courts. State and Fed
eral. which reviewed the case had up
held the verdict: that no new evidence
or facts bearing upon the prisoners
guilt or innocence had been shown,
and that they saw no reason to Inter
fere with the courts Judgment.
The dissenting report held that the
evidence against Frank was circum-
stantial; that the trial Judge enter
tanned doubt OF the prisoners guilt,
and that the record in the case justi-
fed the Governor in committing the
sentence.
The majority report of the commits
sion 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 attorneys have
asked that the sentence be commuted.
The judge who presided at the trial,
and who had the right to exercise the
either life imprisonment or death, i'm
posed the latter sentence and over
ruled motion for a new trial
SEVERAL APPEALS TAKEN AND
LOWER COURTS UPHELD
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 rights under the laws OF the
land. 1t further appears that there
has been no technical proposition of
law or Of procedure that has pre-
vented the petitioner from having his
guilt or innocence passed upon by a
jury Of his peers and by the highest
constituted 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 Judgment of the
court"
Commissioner Patterson. in his dis
senting report. said that consideration
or the nature of the evidence against
Frank left the mind open to uncer-
tainty as to whether there is room to
doubt the story told by James Conley,
the negro who was one OF the prin-
cipal witnesses against Frank "If we
take this evidence outside that Of Con-
ley and Frank" Mr.. Patterson's report
says. we find Frank and Conley had
equal opportunity and motive for COM
mutinR the crime, with the possible
added motive OF robbery on the part
OF Conley; that Conley wrote the notes
found by the body; that Conley made
several conflicting affidavits as to his
connection with the crime, and that
Conley, In making these statements,
was trying to protect himself"
QUOTES JUDGE CUTTER
DOUBTING FRANKS GUILT
MIR. Patterson also says that the
trial Judge. the late Judge L. S. Roam.
In letter which he authorized to be
used In this hearing. concerning Con-
ley's testimony, says:
After months of continued delib-
Grafton. am still uncertain Of Franks
guilt. This state OF uncertainty Is
largely due to the character OF the
negro Conley's testimony. by which the
verdict was evidently reached In tho
language Of the Supreme Court, this
case depends largely upon circum-
stantial evidence. In my investigation
I cannot find where the executive, has
allowed man to be hanged when the
trial Judge was not satisfied as to his
guilt and so communicated to tho Gov
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