The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1915-06-15
LITIGATION IN YARHAN
CASE IS FINALLY ENDED
DORSEY OPPOSES
FRANK PETITION
SOLICITOR SAYS A FAIR AND I'M
PARTIAL TRIAL WAS GIVEN
CONDEMNED MAN.

ATLANTA, June 14.-The hearing
on L. M. Franks plea for commuta-
ti0n of his death sentence to life i'm
priSOnment was resumed before Gov
ernor Slaton today. When the session
opened Solicitor Dorsey presented his
brief against Franks application and
Immediately began his oral argument
in support thereof
In his brief, which he read to the
governor, Mr.. Dorsey said he would
discuss the case on three points raised
by Franks attorneys; first, that
Frank was not accorded a fair trial;
second, that the evidence did not
show the defendants guilt beyond a
reasonable doubt; third, that Judge
L. S. Roam the trial judge, was not
convinced of the prisoners guilt.
Regarding the first point Mr.. Dor
sey said counsel never made any mo-
ton for change of venue and that
ther was no antagonistic sentiment
toward Frank prior to the trial
There were developments in the
trial." he said, (which might have
| been calculated 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 showing by the
defense that there had been any dem
onstration in the courtroom which
could have been held to have de-
prived the prisoner of fair trial"
Judge Roam himself, declared the
solicitor, had held that Frank had
fair trial. "The record shows" he
continued, that the demonstration
by the crowd outside the courtroom
was not heard by the jurors and that
there was nothing to justify the al
legation that the crowd in the court
room shouted to the jury, hang
Frank or We'll hang you"
The state, federal and United
, states supreme court, said Mr.. Dor
sey, also held that Frank had not
been deprived of his right in that he
was absent from the courtroom at
the request of the trial Judge, when
the verdict was returned. These
SCNi ~ oioC llClu, lS Sdlu, IIldL dll6RA-
tions of mob violence were not sus-
tanned.
AT this point Mr.. Dorsey was in
terrupted in order to allow Rev. G..
B. Wilmer, local Episcopal minis
ter, to present a petition from At
lanta ministers urging Communication
OF franks sentence. DR.. Wilmer
urged the governor to decide the case
on its merits and on justice and
without regard to any form of pref
udlce. He offered three reasons
which he said justified communication
OF sentence for Frank. These were:
First: The atmosphere of Atlanta
before and during the trial.
Second: The manner in which
the evidence against Frank was oh.
tanned
Third: The reasonable doubt of
Franks guilt which, he said, still ex
lists.
Resuming, Mr.. Dorsey replied
briefly to Dr. Wilmer, declaring that
he felt that the state had a clear
case against Frank without using the
testimony of the negro James Con-
ley. He Offered in evidence affidayits
from the sheriff and several deputies
in which they denied that there was
evidence of mob violence in the court.
room.
Taking up the allegation that the
evidence did not show Franks guilt
beyond a reasonable doubt, the So
llcltor declared ten witnesses gave
evidence derogatory to Franks moral
character. prior to the murder of
Mary Phagan and that the defense
dld not ask any of these witnesses a
single question. He quoted excerpts
OF the testimony from Witnesses
other than Conley, attacking Franks
morals