Evening star., 1915-05-30
CLEMENCY PLEAS
MADE FOR FRANK
u. S. Attorney Alexander
Sends Argument to Prison
Commission.
PROSECUTING ATTORNEY
INSISTS ON PENALTY
Declares Ends of Justice Have Been
Accomplished by Processes
of Law.

Accomplished by Processes
Of Law.
| ATLANTA. Ca, May 29-Hcoper
| Alexander, United States attorney for
| the northern district of Georgia, late
today filed with the state prison COM
mission plea for Communication of Leo
NJ Franks sentence in which he seeks
| to show by the testimony of the states
own witnesses that Frank did not mur-
der Mary Phagan, but that James Con-
ley, IA negro, now serving a sentence
as an accessory after the crime. was
the slayer
Hugh NJ. Dorsey, solicitor general,
who prosecuted Frank, also gave out
tonight his letter to the prison COM
mission opposing clemency for Frank.
declaring THE facts and circumstances
surrounding the commission of the
murder do not invoke the exercise of
mercy or offer inducement to temper
the penalty" and further that the fact
that Franks conviction has been af-
frned by both state and federal
courts. despite the indefatigable OK
ertions of his influential friends in and
out of Georgia tustif1es nv
deep conviction that the ends Of Justice
have been accomplished by the pro-
cesses of law"
Mr.. Alexander explicitly states In his
communicati tion, which comprises ap-
proximately $4,000 words, that he
makes his appeal on Franks behalf, not
in his capacity as federal attorney, but
t1ry
citizen of Georgia who does not desire
to see an innocent man hanged for an
others crime" His argument starts
with the proposition that Conley's ad-
mission that he wrote the murder
notes" found beside Mary Phagan's
body raises the conclusion that un-
less he can furnish a credible explana-
tion Conley was the slayer.
Attacks Negro's Story.
The whole question" writes Mr..
Alexander, resolves itself into an in
quiry as to the truth of Conley's story.
Agreeing to the proposition that the
presumptions are, in the present status,
in favor of it's truth. propose to show
how, when and why the story was
manufactured. and shall do this with
| out referring to any testimony offered
for the defense or stating any fact de-
pending on that testimony"
In the effort to fulfill this promise
| Mr.. Alexander presents circumstances
tending to show why the police were
! liable to be mistaken and why the pub
| lie failed at the time to perceive the
Importance of the discovery that Con-
ley wrote the murder notes" He sets
forth the known facts as the equation
| OF a mathematical problem, traces and
groups the movements of the persons
concerned on the day of the murder,
| as testified to by the states witnesses.
| shows the evolution of Conleys stories,
| the probable motive for each varia-
tion. He also points out alleged in
consistencies in Conley's statements
and argues on the physical impossi- :
negro's story. In this connection he
says:
While Conleys account of his ac-
| tions and conversations with Frank
to him, only thirty-four minutes, they
could not have occurred within two
hours. According to the testimony of
the detectives. it would have taken
more than an hour to prepare the notes
alone. but I reduce that estimate to
| half an hour.
Solicitor General Opposes Clemency.
Mr.. Dorseys letter was in response
to notice from the commission of the
pending application. He wrote:
THE court records of the case. which
doubtless will be considered by you.
present the details of the crime for the
commission OF which Frank was con-
victed by the courts of the country,
and illustrate the conditions and cir
cumstances under which the crime was
committed. I do not understand the
application for executive c1emency to
set up any newly discovered evidence,
or other grounds not heretofore con-
sidered and finally adjudicated by the
various Judges of all the courts. state
and federal which have declined to In
| terfere with the verdict finding Frank
guilty Of the murder of Mary Phagan-
This Is therefore an application for
amelioration Of the penalty Of a crime
| for the commission Of which the courts
have finally adjudicated the applicant
guilty. Indeed. the application does not
pray for pardon. but asks that the
applicant be punished by life impris-
by the trial court.
'The facts and circumstances sur
rounding the commission of the murder
Of Mary Phagan do not invoke the ex-
temper the penalty of the law to one
who has been finally convicted Of the
crime. 1 do not believe that the educa
| tion. opportunities and influence Of the
applicant or the opportunities of his
friends should be permitted to affect
the expression of an official opinion,
and I confess myself unable to find in
the record of this case a single ground
upon which to justify the solicitor gem
eral charged with the enforcement Of
the law, In asking that the decree Of
the courts shall be overriden by the
governor. upon whom also the state
constitution enjoins the sacred obliga-
ton to take care that the laws are
faithfully executed
'-rhe very fact that the conviction of
the applicant by a jury Of twelve citi-
zens has been affirmed by the judges
Of all the courts, state and federal. by
whom the case has been reviewed
despite the circumstances of the de-
fendant and the unusual and inde-
fatigable exertions of his influential
friends in and out of Georgia. confirms
my sincere respect for the integrity of
our courts and justifies my deep con-
viction that in this case the ends Of
Justice have been accomplished by the
processes of the law"
Letters Received.
A letter to the prison commission
from Spencer r. Atkinson of Atlanta,
former justice of the state supreme
court, stated that during Franks trial
Judge Roam, from the bench. handed
him an anonymous letter threatening
Judge Roam and Franks lawyers with
death II Frank were acquitted.
Judge Roam at that time expressed
doubt as to whether 1t was possible to