The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-06-22
GOV. sLAToN REVIEWS CASE
AND ASSIGNS HIS REASONS

committing Franks sentence. Cover
nor S1aton reviewed the circumstances
surrounding the murder OF Mary Pha-
gar In the National pencil factory
here April rs, 1918, the conviction OF
Frank and nis appeal for clemrncy.
Continuing. the statement reads:
The murder was a ost he:nous
oue and the offender deserves the
punishment Of death. The only ques-
tion il az to tho identity of the cI imi>
nal. The responsibility is upon the
recplc Of Georgia to protect the lives
OF her citizens and to maintain the
dignity Of her laws. and if the choice
.must he made between the approba-
tioreof citizens of other States and the
enforcement of orr laws against Of
tenders we must choose the latter
alternative
'lt is charged that the court and
jury we're terrorized by MOP and
that the jury were coerced into their
verdict. When Frank was indicted
and the air was filled with runners
! as To the murder and 'nutilation Of
the girl there was intense feeling. and
to such an extent that my predecessor,
Governor Brown. stated in argument
| before me that he had the militia
ready to protect the defendant II any
attack was made. Some weeks
later the defendant was put on trial"
The Governor then referred 10
| GeurRia's laws relating TO chang OF
venue, declaring these provisions most
broad in behalf of the defendant 10
insure one n fair trial. Frank, he said,
went to trial without asking q change
of venue and submitted his case to a
! Jury that was acceptable to him.
| During the progress of the trial" he
/ continued, after evidence had been
4 introduced laying the crime, with
| many offensive details, upon Frank,
! the feeling against MIN became in
/ tense. If the audience in the
! courtroom manifested their deep re-
| sentiment toward Frank 1t was large
/ ly by this evidence of feeling beyond
] the courts power to correct.
! ut would be difficult for an APPEL
! late court or a trial court to grant
/ a new trial in such a long case be-
/ cause the audience in the courtroom
( on few occasions indicated their
/ sYmpathies. The jury found the
defendant guilty, and with exception
of the demonstration outside the
| courtroom. there wae - disorder.
Nothing was done which the courts
! could correct through legal ma
chinery"
The Governor said the United
states SUPP tLit A-OIii Itb ShHLdIUfI
this ruling. He declared tho charge
against the state of Georgia of racial
prejudice is unfair.
He then reviewed the evidence. He
asserted the state proved that Frank
| was in his office at the factory a lit
tie after II O'Clock the day OF the
| murder. and that he admitted paylnt
! Mary Phagan wages due her. SO far
! as known, he says, Frank was the
last person who saw her alive. Other
facts enumerated by the Governor
as To him the more important of those
shown by he State were;
That Frank at O'Clock the after
noon Of the murder allowed the Negro
Waterman, Newt Lee to leave the fac.
| tory for two hours: that the same
| evening Frank called Lee on the tele.
phone; that Lee found the double in
ner doors locked, ali of which thing:
I'he had never done before that g
cord similar to that with which thf
girl was strangled was found in guam
titles on the metal-room floor. and ir
less quantities in the basement where
the body was discovered He alst
included the testimony of Miss Mon,
teen Slower, that when she was il
Franks Office, about the time tn,
State contended Frank and the Pha
gan girl We're in the metal room
| Frank was not in his office, although
he had declared he had not left tbs
Office
The most startling and spectacular
testimony in the case was that giver
by a negro Jim Conley. He then re-
ferred to the murder notes" found
beside the body which Conley finally
admitted he had written at Franks
dictation, ''Conley claimed Frank
asKed" him TO come to me factory on
Saturday and watch for him. as he
had done, which, he explained, meant
that Frank expected to meet some
woman" the Governor says. "Conley
occupied a dark place beside the
elevator behind some boxes.
"Conley mentioned several male
and female employees, who went up
the steps to the second floor where
Franks Office was He said Mary
Phagan went up the stairs; that in a
few minutes he heard footstep going
toward the metal room: that he hear
a scream and then doZed. In few
minutes Frank stamped and Conley
locked the door and then Frank
whistled and Coniey unlocked the
door and went up stairs. He said
Frank was shivering and trembling
and Frank told him he made ad-
vances to the girl and she repulsed
him and he struck her too hard and
she fell and hit her head against
something and he didn't know how
badly she was hurt. Conley said
he found the girl in the metal room
with a cloth tied about her neck. as
though to catch blood. although
there was no blood at the place.
Says He Followed Directions.
| According to Conleys story Frank
told him to get a piece of cloth and
wrap the body in 1t, and Conley got q
piece of bed ticking and tied up the
body and carried it to near the dress
ing room. dropped II, then called on
Frank to assist him. He said that
he and Frank took the body to the
basement in the elevator; that they
rolled the body out of the cloth. then
went to Franks office; that Emma
Clark and Corinthia Hall came into
the Office and Frank put him in the
wardrobe and. after they left, that
! Frank dictated the murder notes"
| The statement then points out al
J legged Inconsistencies in Conley's
story, and mentions several contra
| dictions tn his story as related In