The Washington times., 1915-06-10
FRANKS SOLE HOPE.
FOR COMMUTAT|ON
RESTS ON GOVERNOR
Counsel For Georgia Convict to
Ask Executive Today For
| Hearing.

ATLANTA, June Accommodation by
Governor Slaton is today the only nope
of Leo NJ. Frank to escape execution for
the death Of Mary Phagan.
The prison commissions finding op-
posing clemency, by vote of to l, Is
in the governors hands
Governor Slaton was in conference
TODAY with Leo NJ. Franks lawyers,
and with the Frank prosecutions repre-
Sentatives relative to the selection OF
Q date for hearing Franks appeal for
q Communication of his death sentence to
life imprisonment.
The date set for the execution Is June
%.
The governor can overrule the board.
demned mans friends, that there Is lit
tie expectation of such a course.
With the hearing will come what
probably will be. the last appearance In
the famous case of Hugh M. Dorsey.
solicitor. 1t Is understood he has pre-
pared statement containing evidence
some of IT said to be new-to combat the
appeal that Is to be made to the gov
ernor.
Frank Still Confident.
Franks mother and his wife were
with him when news of the commits
sion's finding was brought to them.
Soon afterward Frank was permitted
to leave his cell for a time. and, ac-
companied by his wife, take little
exercise along the narrow passage
way. HIS mother sat knitting outside
his cell door.
II have the confidence of an innocent
conscience, Frank said, and some
how, l can't reconcile myself to believe
the courts will hang man not only
Innocent. but so obviously innocent:
You will always find me confident. and
] faithfully believe that. even though
It waits until the last moment. vindi-
cation will come
The commissions majority report said:
None of the grand jurors who found
the indictment, none of the trial Jurors.
who heard all of the evidence under
oath, nor the prosecuting attorneys has
asked that the sentence be commuted.
had the right to exercise the discretion
of fixing the penalty at either life i'm
prisonment or death. imposed the latter
sentence and overruled a motion for
new trial.
His Rights Protected.
Several appeals We're taken to the
appellate court of the State and the
Supreme Court of the United States, all
Of which were denied and the judgment
Of the lower courts affirmed, thus as
surfing the defendant Of his legal and
constitutional rights under the laws of
the land.
TT furthers appears that there has
been no technical proposition or law or
procedure that has prevented the peti-
TONER from having his guilt or inno-
cence passed upon by jury of his
peers and by the highest constituted ap-
pellate authorities and no new evidence
Of 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 judg-
nent of the courts"
The report filed by Commissioner Pat
terson said:
case, as l have done carefully, having
read the printed record several times
! could agree with many eminent law
yers and jurists of Georgia, some of
them connected with the firms engaged
in the prosecution of the case. that the
very nature Of the evidence against Leo
sideration of it. the mind is left in a
state of uncertainty as to whether or
not there is room to doubt the story
Trajectory as 1T was in the telling of 1t
in different portions and contradicted
by his own affidavits made previous to
the trial and by other testimony on the
trial.
IF we take the evidence Of the case
outside of that Of Conley and Leo H..
Frank we find that both Frank and
SoIlcS cQudi opportunity
tive for committing the crime. with
the possible added motive Of robbery
on the part of Conley; that Conley
canr the NOTE m,as found by the b9dy
affidavits as to his connection with
the crime, and that Conley in making
these statements was trying to protect
himself, as is inferred from the follow
ing. taken from his testimony (page
81 Of printed testimony that: AS to
why l didn't put myself there on Sat,
urday, the blame would be put on me.
This shows that Conley was think
ing about protecting himself and not
Frank. These circumstances and evil
dence fx the crime on Conley unless
attempts to do in such a way as to
make Frank guilty a s principal and
himself guilty as an accomplice: Thus
we have Frenk, who protests his own
innocence OF participation or knowl-
edge OF the crime. convicted on the
testimony OF an aCComplice, when the
known circumstances of the crime
tend most strongly to fix the gull
upon the aCcomplice.
Conley Would Save Himself.
THE accomplice has the highes
motive for placing primary responsi
bility on Frank-that of self protec
tion-which is shown to have been il
his mind when testifying.
However. there are other reason
inherent in the record that wouiC
Justify and authorize the exercise b!
the governor of the right of commu
tation in the case.
THE trial judge who passed upoi
the motion for a new trial; who hear'
the testimony of Conley and the
other witnesses. who saw Conley oil
the stand. observed his demeanoi
when testifying. and who had a train
ed and experienced mind in observ
ing and Weighing these matters, say
in a letter which he authorized I,
be used in this hearing concerning
Conley's testimony, as follows:
after months OF continual delib
Grafton | am still uncertain Of Frank
guilt. This state of uncertainty /
largely due to the character of tn
negro Conley's testimony, by whiC
the verdict was evidently reached.
1T cannot be said that this wa
wrung out of Judge Roam while sick
for he orally expressed practically tn
same uncertainty when passing upol
the motion for a new trial
ALSO there Is the dissenting opinion
of two judges of our supreme court
Chief Justice Fish and Justice Beck, II
which they use the following lanGuag
in discussing the effect of certain testi
Of o.l h.