Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1915-06-15
ARGUES AGAINST
MERCY FOR FRANK
Dorsey Evidence Convicts Him
Without the Testimony of
Negro Conley.
DECLARES THE TRIAL FAIR

ATLANTA, Ca, June H-Solicitor Dor
sey. arguing today before Governor sla-
ton against Leo NJ, Frank,aA Rpnlication
for Communication of his death sentence,
declared that even II the testimony OF
James Conley. the negro factory sweeper.
were eliminated, Frank had been proved
guilty of Mary Phagan's murder by the
testimony of other witnesses at the trial.
Mr.. Dorsey sought to show by the rec
ord that Frank had a fair trial; that
the evidence proved that Frank, and not
Conley, committed the murder. and that
the trial Judge was sufficiently convinced
of Franks guilt to refuse him a new
trial. In reviewing the record the So
licitor cited alleged contradictions in
Franks testimony before the coroner and
his statement at the trial. He said that
the record showed Frank never accused
Conley of connection with the murder
until after the negro had been arrested,
and also that he never told officials that
Ccnley could write. although he knew II
when detectives were seeking to prove
that Conley wrote the murder notes.
found beside the girls body.
Change of Venue Not Asked.
Regarding the first point, Mr.. Dorsey
said counsel never asked a change of
venue and that there was no antago-
nistic sentiment toward Frank prior to
the trial.
There were developments in the trial."
he said. (which might have been calcu-
lated TO incense the people because of
the narrowing details of the crime. The
state supreme court however. ruled upon
this point that there. had been no show
ing by the defense that there had been
any demonstration in the court room
which could have been held TO have de-
prived the prisoner of fair trial"
Judge Roam himself declared the so
lieitor said he had fair trial.
'The record shows" he continued. ''the
demonstration by the crowd outside the
court room was not heard by the Jurors,
and that there was nothing to justify the
allegation that the crowd In the court
room shouted to the jury:
Hang Frank or wen hang you" ."
The state and federal courts said Mr..
Dorsey, held that Frank had not been de-
prived of any right in that he Vas alb
sent from the court room, at the request
VI hilS liidl JuuBeE WheH Nue NeTulCl was
returned.
The courts also held. he said. that ale
cations of mob violence were not sus-
tanned.
Minister Urges CIemency.
Mr. Dorsey was interrupted 10 allow
Rev. C. B. Wilmer, local Episcopalian
minister, to present a petition from At
lanta ministers urging Communication. DIR.
Wilmer urged the governor to decide the
case ION its merits and on justice, with
out regard To any form of prejudice"
He said commutation was justified by
the atmosphere. of Atlanta before and
during the trial by the Dlanner in which
the evidence against Frank was obtained
and by the reasonable doubt of Franks
guilt. which. he said. still existed
Resuming. Dorsey replied briefly 70 DIR.
Wilmer, declaring he felt the state had
a clear case against Frank without using
the testimony Of the negro. James Con-
ley He offered in evidence affidavits
from the sheriff and several deputies, in
which they denied thrat there was evil
dence Of mob violence in the court room.