Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-06-10
Opposing Forces

w. NJ, Howard will conduct Franks
case and Solicitor General Dorsey will
oppose clemency. Mr.. Howard said
tonight he proposed to argue that the
record shows the evidence against the
prisoner was circumstantial and that
this. together with the trial judges
doubt of Franks guilt. was sufficient
TO warrant communication.
The majority report of the prison
commission held that neither the
grand jurors, the trial jury. nor the
prosecutors had asked for commuta-
ticn: that all the courts. state and
Federal, which reviewed the case, had
upheld the verdict that no new evil
dence of facts bearing upon the pris-
oners' guilt or innocence had been
shown, and that they saw no reason
to. interfere.
Re 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
The majority report of the commission
said:
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 committed The
judge who presided at the trial and who
had the right to exercise the discretion
Eof fixing the penalty of either life i'm
prisonment or death, imposed the latter
sentence and overruled a motion for a
new trial.
Constrained Not to Interfere
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 ana the judgments
Of the lower courts affirmed, thus assur-
ing the defendant of his legal and con-
sttutional rights under the laws Of the
land. 1t further appears that there has
been no technical question of law or Of
procedure that has prevented the petit
ton from having his guilt or innocence
passed upon by q jury of his peers and
ny the highest constituted appellate au-
thorities, and no new evidence or facts
bering upon his guilt or innocence hav-
ing been showed, we see no reson for
taking his case out of the ordinary rules
OF law and justice, and feel constrained
not to interfere with the enforcement of
the orderly judgment of the courts"
Dissenting Report
Commissioner Patterson in his dissent
ing report said:
If we take the evidence outside Of that
OF Conley and Frank. we find Frank and
Conley had equal opportunity and mo-
i've for committing the crime, with the
apostolic added motive O, robbery on the
part Of Conley; that conley wrote the
notes found by the body; that Conley
made several conflicting affidavits as to
MS connection with the crime and that
Coniey in making these statements was
trying to protect himself.
Mr.. patterson referred to the late
Judge Roan's letter. saying that after
months Of continued elaboration" he
still was uncertain Of Franks guilt. and
continued:
In my investigation I cannot find
"here the executive has allowed a man
10 be hanged when the trial Judge was
not satisfied as to his guilt and so COM
muxSted to the governor. In addition
10 Inc doubt Of the trial Judge we have
TIE TACT that two justices Of our SUI
pfeme court say in their opinion this
"ppieant has been denied a fair trial"