New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-06-10
votes 2 to 1 for Death
penalty-Only Hope
Now in Governor.
oyE MEMBER URGES
CLEMENCY BE GIVEN
,.;,,s TO Doubt Expressed by
Iudge Roam and Conley's
Part in Crime.
~, -,.sspa to T., rnSuns.

,e,,,s June e.-Leo NJ. Franks last
= tor life rests in the action Of
.r,-,or :" Slston. By a vote Of TO l
- n. Prison Commission refused
:. ,,,onmend fsvOrably a commuta-
=, from death 70 life imprisonment
q, he prisoner.
=, majority Of the board held that
,.,S reason had been advanced by
!. ,.t,tioner why the sentence Of the
:, should be intsrfered with. The
sr.rting member, Judge 7. E. Patter-
- N a long Communication to Gov
,-,, slston, pointed out the doubt in
a, ,.,. and emphasized the fact that
F- cOpl.y had just as much oppor-
.-,,,v 70 commit the crime as Frank.
r,xv,rs for Frank announced to-
,,,., that there would be no further
I,l,v IN the case and that they would
,,l. every effort to obtain an early
,,,,irs before the Governor. They
I'll probsbly seek 20 have the hearing
serin on Friday.
Governor Slston announced tonight
a.t he would hear both sides in the
7,rk ease tomorrow morning. at 10
,tlo,k with a veiew 20 setting date
"A, the hearing on the prisoners pc
tton.
Leo Frank heard the news to-day in
n, cell at the Tower. His father. wife
and mother were with HIM. lie was
,pv,rently unmoyed by the news, al
though II came as a shock, for the
,riscrer had held high hopes of win
tirg bis appeal before the board. For
one time ne reiuscc TO see reporters,
sadst his request few friends came 10
zee hin during the afternoon.
About nightfall Frank consented to
receive a reporter. and 10 him ex-
pressed his hope OF final victory, pro-
testing his innocence again and assert
M ,hst he did not believe a man so
sbviously innocent could be hanged for
80 foul crime.
q Believe | viii Win"
q still hope. am still confident" "
hs said. "even though il be the last
moment. believe that ! will win. |
% not think the people Of Georgia
mgld do me so great an injustice. l
Do not believe that truth can be so
crushed that il cannot rise
Frank was allowed TO leave his cell
and to walk about the corridor this
afternoon. The prisoner enjoyed this
temporary release from confinement
and etatted cheerfuliv with his mother.
The majority report of the commits
son said:
None OF the grand Jurors who found
ne Indictment. none of the trial jurors
VAC heard the evidence under oath,
hM the prosecuting attorneys have
lsksd that the sentence be commuted.
u. Judge who presided at the trial
I'd VINO had the right to exercise the
sseretion Of fixing the penalty OF
ether life Imprisonment or death i'm
'ossd the latter sentence and overruled
hohon Tor new trial.
Defendant Had Full Rights.
Several appeals were taken TO both
ne Appellate Court Of the state and
ne Supreme Court Of the United
SIi.s, all Of which were denied and
ns Judgments of the lower courts af-
,,fnsd' thus assuring the defendant of
hs LEGAL and constitutional rights
'aser the laws OF the land"
commissioner Patterson, in his dis
sa,ing report, said:
y We take the evidence outside Of
rai Of Conley and Frank we find that
irsnk and Conley had equal opportuni.
Y and motive for committing the
Ilne,. with the possible added motive
y robbery on the part Of Conley; thai
sonley wrote the notes found by the
ssey; that Conley made several con
rsing afidsvits as 70 his connection
sIh the crime. and that Conley, II
1anng these statements, was trying to
Protect himself"
NJ Patterson referred to the late
.1oge Roan's letter, saying that after
months Of continued deliberation" M
Nii vas uncertain Of Franks guilt
nc continued: "In my investigation
asnot find where the Executive has
a.esed a man 70 be hanged when th'
nal judge was not satisfied as TO hi
tlii and so communicated 70 the Gov
sncr, In addition TO the doubt OF th'
ga Judge We have the fact that TIVE
.ssrees Of our Supreme Court say II
yen opinion this applicant has beer
t.a,fd z fair ~ IL .