The Dawson news. (Dawson, Ga.) 1889-current, 1915-06-15
FRANK LOSES fight
BEFORE PRISON BOARD
COMMISSIONERS RAINEY AMI
DAWSON GIVE REASONS FOR
NOT INTERFERING.
GOVERNOR ALONE GAN SAVE HIM
Commissioner Patterson in Favor of
Extending Clemency, and Makes
Lengthy Minority Report. Frank
Shocked But Hopeful.

GS1AN A'AN<ANNS
Lengthy Minority Report. Frank
Shocked But Hopeful.
ATLANTA. Accommodate for Leo
M. Frank is not recommended by the
prison commission. 1t is squarely up
to Governor John M. Slaton to decide
what Franks fate will be-whather
he will coincide with the view OF the
majority of the prison commission
and let the sentence of the court be
executed, or whether he will agree
with the minority report from the
commission and commute Frank.
The Formal Report.
Atlanta, June 8, 1915.-In re:
Leo NJ. Frank. Application for Exec
utive Clemency.-To His Excellency,
the Governor: Sir-The prison board
have had under consideration an APP
plication for executive clemency in
behalf of Leo NJ. Frank, who, at the
July term, 1913, of the Fulton coun-
ty superior court, was convicted Of
murder and sentenced to hang, and
UcSo lSdNO " lCpOlL N4ob CASJ NONAAAAO
to recommend clemency.
'R. E. DAWSON, Chairman.
"E. L. RAINEY, Prison Com'r."
The Dissenting Vote.
Judge T. E. Patterson did not sign
the formal report of the commission.
Instead he filed with the governor a
separate memorandum recommending
that the death sentence be commut-
ed. Judge Patterson's memorandum
is an analysis of about 1000 words,
giving his reasons for the recommen-
dation. Largely it is a review of the
action of the case based on the testi-
mony, the principal feature OF which
is wherein Judge Patterson says:
Having read the printed record sew
eral times l could agree with many
eminent lawyers and jurists OF Geor-
gia, somesof them connected with the
firms engaged in the prosecution OF
the case, that the very nature OF the
evidence against Leo M. Frank was
such as, upon the consideration OF 1t,
the mind is left in state OF uncer-
tainty as to whether or not there is
room to doubt the story told by Con-
ley"
Majority Report of Commission.
The majority report of the COM
mission that was prepared by Messrs.
Dawson and Rainey, who alone sign
ed the formal report to the governor,
is as follows:
''None of the grand jurors who
found the Indictment; none OF the
trial Jurors who heard all OF the evil
dence under oath; nor the prosecut-
| ing attorneys have asked that the
sentence be committed. The judge
who presided at the trial and had the
right to exercise the discretion OF fix
| ing the penalty at either life 1mprls-
onment or death, imposed the latter
sentence and over-ruled motion Tor
a NV trial.
Several appeals were taken to the
appelate court of the state and the
supreme court of the United States
| Call of which were denied and the
! Judgment of the lower court a1nrm-
ed thus assuring the defendant OF
his legal and constitutional rights IN
der the laws of the land. 1t Tufther
aDpears that there has been no tech
meal proposition of law or OF proceed
ure that has prevented the petitioner
from having his guilt or innocence
passed upon by jury of his peers,
and by the highest constituted appel
ate authorities, and no new evidence
or facts bearing upon his guilt or in
nocence 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 orderly
Judgment of the courts.
Next Step in the Case.
While the reference in the maJor1t!
report to the right of the trial judge
to have imposed the life sentence in
stead of death, upon the verdict re-
turned, will likely attract some atten'
ito, in view of the fact that there has
been such wide declaration OF the
contention that there was only one
sentence which the court could have
imposed under the verdict returned
by the jury, that now becomes sec,
ondary consideration tic the one l"s'
effort that can be made to save Lee
Franks life.