The Birmingham age-herald., 1915-06-15
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a reasonable doubt, the solicitor declared 10 witnesses gave evidence derogatory to Franks moral character prior to the murder of Mary Phagan, and ahat the defense did not ask any of these wit nesses single question. He quoted ex- cerpts from the testimony of witnesses other than Conley attacking Frank morals.
 Mary Phagan was a pretty girl of 14,' said MT. Dorsey. Frank contended that he did not know her. but the state showed by four witnesses that he knew her, and one witness testified that he saw Frank talking to her and heard him call her Mary"
 Frank denied that he saw Conley at all on the day of the murder" said MT. Dorsey but two witnesses testified they saw him talking to the negro on the street before noon. Frank admitted Mary Pha- gan was on his floor at 12:05 or 12:10, or maybe 12:07 the day of the murder. He said he had not left his office after 12 noon until he left the factory about l p. m. except when he went upstairs ahout 12:30 D. m. to tell Mrs. White to leave the building But the testimony of Miss Monteen Stover was that she went to his office at 12:05 and did not leave until 12:10 p. m., and that Frank was not il his office during that time.
 Mary Phagan was not seen alive by
 
 found on Franks floor and the hair iden- tified as Mary's was found on his floor
 The solicitor called attention to alleged discrepancies between Franks testimony at the coroner's inquest and his statement at this trial concerning his actions at the pencil factory, and after he left there on the day of the murder Newt Lee. the negro watchman, testified that cn the afternoon of the murder he went to the factory at o'clock, declared MT. Dorsey, and found the double inside doors locked. contrary to custom.
 Frank he testified, told him to go stfIdi have O good tss;sie eatii o'clock
 Lee also testified that Frank tele- pltoned him that night asking him # everything was alright, something he had never done before
 Frank wanted Lee out of the way, contended the solicitor, so he could dis pose of the girls body, the murder hev- ing been committed between 12 o'clock and 1 D. m.
 Showed Nervousness
 MT. Dorsey called the governors at- tention to the testimony of several wit rHsses that Frank showed evidence of extreme nervousness when he was taken to the factory and into the base ment the morning Mary Phagans body was found there.
 Frank never accused Jim Conley of connection with the murder prior to the Ecgro's arrest" declared MT. Dorsey. Also Frank did not tell the police. or detectives that Conley could write when the authorities were trying to show that Conley wrote the murder notes.' After Conley admitted writing the notes Frank tried to turn suspicion toward others than Conley.
 Frank had to take Conley into his confidence because the negro saw the little girl go up to his office and never saw her come down. Besides, he vas able to get some one to write the mur- der notes and divert suspicion from him."
 MT. Dorsey declared that Judge Roan's written order denying Frank a new trial contained nothing to show dissatisfaction with the jurys verdict. At the close of Solicitor Dorseys argument Governor Saton declared . recess in order to visit the scene of the crime. The counsel for both sides agreed. Later today Congressman Will liam Howard was to present his argu- ment in support of Franks appeal for clemency.