5 Reasois iW SUto lArtwy A PBOGBXiSITB ttBPOBUCAM MBWSPAP^ DEVOTED TO Til£ UPBCjlLTING OF AUE»1CAN SOHSS AND AlCEI^ijr WOiirgTBmB. ^ BUELINGTON, AIAMANCE C0UNT%; NOBTH CABOWNA, tWAY, JUNE 25, 1915. A 'difficult myv^rt for an 'ride to rea^h the' ti^h. , ftiirty days* because -the audience, in t to. details ^tliiwd in' thoiuiaAds of ^tlie court room upon a few OMasionsjpa^ of t^timony. I will present iudieated their sympathies. Howevery tbe mor« salieM .features, and have jthe deep .feeling: against Frank which a rigiit to asic that all persons «rho developed in the prog^ress of the eind- lovernoi- Slaton’s statement, in 'H-hich he reviews and aiiialy&es the •conflictinK testimony in th» Frank case and iii which He KtSi forth the grounds upon which he granted M. Frank’s application for a com mutation of his sentence of d^th to one of life imprisonment, follows in full: “Executive Oifice, J\»ne 21, 1915. "In Re Leo M. Frank, ^Iton Superi or Court. Sentenced to be executed, vuiie 22Ed, 1915. ^'Saturday, April S6th, 1913, was Memorial Day in Georgia aud a gen eral holit'^.y. At that time Mary Phagan, a white girl, of about 14 years of age, was in the employ of the National Pencil company, located near the corner of Forsyth and Huntar streets, in the city at .\tlanta. She came to the pencil factory a little af ter noon to obtain the money due her for her work on the preceding Mon day, and Leo M. Frank, the defendant, paid her ?lJ20, the amount due her, and this was the last time she was SL-cn alive, "Frank wiw tried for thB offense anj^ found guilty the succeeding August. Application is how made ts me for clemency. “This ease has been the subject of extensive conunents through ^tho newspapers of the United States and has occasioned the transmission of over 100,000 letters from various .states^ requestins t$«msnc^ Many corarauiiJcatiom! have been recelvca Irom citizens of this state advocating or opposing interference with the sen tence of the court. “I desire to say in this connection that the people of the state of (ieor- gia desire the esteem and good will of the people of avery state in the u.'iio'!. ^vei y citizen wishes the ap probation of his fellows and a state or nation is not excepted. lu the preamble to the Declaration of Indc- p«ndence, Thomas' Jeiferson wrote that ‘when in the coarse, of human events it becomes necessary for one people to diaMlve the poiiticai bonds which have connoted them with an other, and to assume among the pow ers of the earth the separate and equal station to which the laws of nature and of nature’s God entitles them a decent respect to the opinions of man kind regowes tb«t tbey should de clare the cnuses -»hicK impel tltem to the separation.^ Oatjride Criticism. "Many newspapers and multitodes of people itave attacked the state of Georgia, because of the conviction of Lico H. Frank and have declared the conviction to have been through the domination of a mob and witli ao ► evidence to support the verdict. This oi^on has been formed to a great ftxteni by t&ose have not read th» evidence and who are unacquainted (vith the judical procedure in our state.- "I have been unable to even open a large proportion of the letters sent me, because of their number and be cause I conld noi throiegH the^ jcain any assistance in detormining my duty. ‘"Hie murder cQinn^itt^ was a most heinous one. A young girl was strangled to death by a cord tiad , . - . , • I — - ,— U^rested and Frank was requestM by i was punched for each half hour, anJ court, or even a trial court, to-*r»i'-t j ^ cannot, witijin ‘tfte short time {the detwtives to go in and. tafic to' subsequently Frank claimed that some ja new trial in a case which oceopieid jgivrt me to decide the caw, enter in- jhim i„ order to find what he knew.' punches had been missed. The sug- Lee says that Frank dropped hi i ^ gestion was that he had eitlier mani- head and stated “if you keep that up,' pulated the alip to place the burden: we Vp'il! Iwth go to hell.’ - ;6n Lee, -oi' was so excited ^3 to J>e Lee DiacoTers 1M>. unable to read the slip correctly. “On Sunday morning at about .i, ‘-The sstat.; intj-oduced a witness, o’clock, iifter Newt Lee, the. night Munteen Stover, to prove that at thj watchma.i, had f£llephoned' the police. time when Mary Phagan and Frank station- of the diiicovery of the dead were in. the metaJ ioom she Was in b.:dy anv! the .(fiirers had cOme to the Frank's; office and he was ab^nt, al* luctory, they endeavored to rejich though he had declared he had riot Frahli by telephone, but could not get left his office. The state showed that a response. They telephoned at 7:30 the hair of Mary Phagan had b^n Sunday morning and told Frank that washed by the undertaker with pine they wanted him to come down to tar soap, which would change its the factory and when they came for color and thereby. interfere with the him. he was very nervous and tremb- ability of the doctor to tell the simi- lod. The body at that time had been lanty between the hair on the lathe taken to the undiertaker’s, and accord' and Mary Phagan's hairi ing to the evidence of the officers who “The state further showed a cord took Frank by the undertaker’s estab- of the. character wbich strangled lijh.ment to identify the girl, hi Mary Phagan was found in quantities (Frank) showed a disinclination tj on the ri)eta) room floor, and Was look at the body and did not go into found in less quantities and then cat the room where it lay. but turned up in the basement. As to this Detsa- away at the door. tive Starnes testified, ‘I saw a cord “Frank had made an engagement on like that in the basement, but it wns &r» interested in the determinstion ^ehce was in the atni^tspheie and re-'^f matteir, shall read ealmty and gardlcs* of dte comnusslon of those dispassionately the facts.- acts of which, the coiii’t wOuld takej The SUte'a Case, cognizance, the feeHng of the public I ' “The state! proved that Leo M. - ■— W8S strong. jFrank, the general superintendent of ■ - “Since Governor Brown has related ^ the factory, was in his ofhce a little around her throat and the offende;- secret history in his public argument after 12 >’clock on the 26th day oi deserves the punishment of death, before, me, I may state that Friday j Api^il, 1913, and he admitted having The only que-stion is as to the identi- night before the verdict was expectcJ ^ paid JIary Phagan $1.20, being the ty of thfe criminal, ; Saturday, I had the sheriff to call at mges due her for one day’s work. “The responsibility is upon : the^*'® mansion and inquired whether hu She asked Frank whether the metal people of (^rgia to protect the lives anticipated trouble; This was after had come, in order to know when she of her citizens and to maintain the people had told me of possible cotUd return to work. Prank admits digility of her laws, and if the choice danger and an editor of a leading'this and so-far as is known, he vfas must be made between the approba- newspaper indicated his antKipatio.i jthe lust one who saw her alive. -4t tioi: of citizens of other states and trouble. The slteriif stated he 3 o’ciot'k the next morning (Sunday) the enforcement of our laws against thought his deputies could avert any j Newt Lee, the night watchman, found Tir>inders, whether powerful or weak, difficulty. Judge Boan telephoned nie' in the basement the body of Mary we must choose the iatier Bltirna.t:v?. that he had arranged for the defendar:t JPhagan strangled to death by a cord -4s to Mob Coercion: ^ absent when the verdict was'of a kind kept generally in. the metal "It is charged that the court and ’■c'’dered. Like Governor Brown, I room, which i.s on Frank’s tl«or. Sho 1 jury were terrorized by a m^ob and entcied into conimunication with the had a doth tied around her head which' t}]g jui*y were ■ coerced into their colonel of the Fifth legiment, who wtss lotn from her underskirt. I{cr verdict. stated he would be ready If they xxxx H-ere either ripped or cut and “I txp^t.t to pvesfent the facts in necessity. ^some blood and xxxx were upo!i this ciisc .nth absoluti fairness ond was ieaving on Satufday, the day them. Her eye was very black, iiidi- to state conditioi... with regard only verdict was expected, for Color-' eating a blow, and there wa.s a cut TO the tfuth. Springs to attend the congress of two and a half inches in iength about “Whan Frank was indicted and tha governors, and did not wish to four inches above the car and to the an- was lilk-J with rumors as to th« absent if my presence were-tiBces-.lrft thereof, wlUch extended through n.urtlp)- and mutilation of the dead ^ original order the scalp to tbe skull. The county girl, thciV -vas i.'lteni'e feelina, a.id I»-ePared by me at the time, in the phy sif'ian who exantined her on Sun^ to Slich extent that my predecessor, “ necessity for it. day moniing declared there was a no Governor Brown, stated in argument ^ *>ecame convinced thore would fa« violence xxxx and the blood was bafoue ir.e that he had the militia chance for any use of force'characteristic of xxxx flow. There ready to protect the defendant in therefore filled my aigaeemrnt were no external signs of rape. The the event of any attack was mad.-. ''' h-jSy was not multilated, the wounds Ko .such attack was made and from the “Judge Roan, in the exercise of pre- thereon being on the head and evidence that he obtained none was requested that both coonscl stratches on the elbow, and a wound contemplated. defendant be absent when tho about two inches below the knee. "Some weeks after this the defend- rendered, in order to avoid “The showed that Mary ant was put on trial. Georgia prob- possible demonstration in the Phagan had eaten her dinner of bread ably has the broadest provisions foi' of acquittal, and cabbagx: at ll;*JO o’clock and had change of venue in criminal cases defendant caught the car to go to the pencil that exist in any state Our lavj 8’^'lty and with the exception of dc- factory which wouid enable her to permits the judge to change the venue nionstration outside the court room, arrive.at the factory within the neigh- on his own motion, in the event he^‘s°rier. bor hood of about thirty minutes. Tha "Hence, it will be seen that nothin,!; el«ment of exact time wiU he dis- was done which courts of any stata cussed later. could correct through legal machinery, • "Dr. Harris, the secretary of the A court must have something more ^ state board of health, and an expert than an atmosphere with which to ^in tlus linn, examined the contents deal, and especially wlien that atmos-;,-,f Mary Phagan’s stomach ten dayjs phere has been created through th >* after hec burial and found from th> processes of evidence in disclosing a ^ state of the digcation of the cab- borribie crime. -bage and bread that she must have “Oar supreme court, after carefully' been killed within about thirty min ing a change of venue, and submitted considering the evidence as to ife-|utea after sh.^ had e-iiwi the meal, his case to a. jury that was acceptable raonstrations made by spectators, de-, “Nevrt Lee, the negro, night watch thinks a fair trial cannot be given iu any county. The defendant can move for a change of venue on the same ground, and if ;t be lefus^, the re fusal cf the judge is subject to an immediate appeal to the supreme court, and in fact, the entire genius of our law demands fair trial, abso lutely frei "rom external influence. “Frank went to trial without ask- Friday to to the baseball game on cut in pieces. I saw a good many Saturday afternoon with his brother- cords like that all over the factory,” in-law, !mt broke the engagement, II- “Hofioway testified: ‘These cords he said in his statement, because of are all over the building and in the the financial statement Iie^ad to make basement,’ up, while before the coionev’s .iury, “Darl?y testified to the same effect, he said he broke t!ie cnf'agmneiit be- “However, this contradicts thi causK of threatening weather. testimony that was presented to thi “The contention of the state, as jury for solution, will hereafter be disclosed, was that “The stale claimed to the jury that Frank renuiindeil at the factory Sat- witne-sscK for the defend,•srt, under th.‘ urday afternoon to dispdse of the suggestion of counsel, would change body of Mary Phagan, and that that their testimony so that it might not was the reason he gave Newt Lee operate against the defendan. hi.'i unusual leave of absence. “I have now enumerated all cons- *^fhe cook‘s husbar.d testified that on picious circuin.stances urged by th» Sa*urday, the oay of the mui'der, h^ state, but have mentioned what have his wife at the home of Mr. appeared to me the most prominent Selig, defendant’s father-in-law, ones. Where I have not mentioned where Frank and his wife were liv- the nu>re prominent ones, an inspe^- itife. and that Frank came in to dinner tion of record fails to maintain the iind ate nothing, Tiie negro cook of contention, the beligs was placed upon the stand *’lt is contended that a lawyer was and denied that her husband was in engaged for Pi-aiik at the !1jation. the kitchen at all on that day. For house before he was arrested, "niis purposes of impeachment, thcrefoi-e, * is replied to by the defense that .'i tha .state introduced an .'iffidavii from friend had engaged counsel withaut this cook taken by the detectives, and Frank’s ack((owtedge, and the tow- as sha claimed under duress, which yev advised Frank to make a fall tended to substantiate the story of .statement to the detectives, her husband and which affidavit de- Jim Conley's Testimony, cisred that on Sunday morning after “The most startling and spectacu- the murder, she heard Mrs, Frank iar evidence in the case was Uka>- tell her mother that Mr. Frank wa.s given by a negro, Jim Coniey, a roan drinking the night before and ntad^ twenty-seven years of age, and osie her sleep on a rug and called for « who frequently had been in the pistol tn shoot himself, because h.* gang. Conley had worked at the fac- (Frank) had murdered a girl. This jtory for about two years and was to him. He was aWy represented by them without merit, and in this man, testified that Frank had told him affida-.it was relevant for, purpose of ^thoroughly acquainted with it. , H. counsel of conspicuous ability an-J orderly ppocesaes of our j to be back at tha factory at 4 o’cloi:; experience tribunals are not subject to criticism. |SftturdBy afternoon and when he came “During the prosress cf the case, | Racial Prejudice. 'upstairs to report, Frank, rubbing his after evidence had been introduced “Th® charge against the state of ihands met Newt Lee and told him toi.st.ind, the cook declared that she wa«' “On May 1, he was an-estod t.y laying the crime, irith many offensive Georgia of racial prejudice is unfair. | go out and have a good time until 3Voei-fed by her husband and detectives the detectives impeachment, although, of course, it had worked iu the basement about had no legal, probative value as to two months and had run the elevator t'\^ facts contained thereiii. On the about a year and a half. deUtls, Vipos. Tl-iSiki the feeling A, conspicuous Jewish family in j o’clock, although Lee said he wouW against him became intense. He was Georgia is descended from one of the prefer to lie down and sleep. When the general superiiiitendent of the fac- original colonial families of the state. - Lee returned, Frank changcd the slip tory, and Mary fbagan was a poor *’»'ve been presidents of our ^ in the lime clock, m3.nife»titig ncrv- warldng girL He -was a Cornell boards of education, principals of our ;ousness and taking a longer time graduate, ond she dependent i'or her j schools, mayor of our cities, and can-{than usual, livelihood upon her labor. Accord- spicuous in all our commercial enter-'. “When Frank walked out of thL- jng to a witness, whose testimony will pnses. subsequently be related more com- ‘^itany neAvspapers and plstely, when this girl came to get dents have declared that Prank j charged a short time before. Prank her jsms’i pay, »nce die only workcl was convicted without any evidence to; looked frightened, his explanation be- one day in the week, becau.se of lack sustain the verdict. In large meas- ing that he anticipated harm. Gantt under threat of being locked up unless j "Near the body in the basement hsA she g:;ve it, a»d it was made at the i been found two notes, one written on sfc'.tion houao. The state proved it brown paper and the other on a leaf was given in the presence of her law^- ^of a strateh pad. That written oa ye:‘ anu said that her denial of the w-hite paper in a nesTro's hanriwritiBS truth of the affidavit was because her ‘ showed tha fo’ili>wiiig; wages had been increased by the j " ‘He ?aid he would love me. Jay ■ front door of the factoi-y, he met a parent ot Mr!. Prank- No details down, i lay like the night w'itcb, of material, this general superintend- ure, those giving expression fc> this declared he wished to go upstairs and ent solicited her to yield to his im- uticrancfe have :n,t read tile evidence [get two pairs of shoes which perm>s- portunities, and, on her refusal, slew' and are not acquainted with the fact*;, f aion Frank Anally granted, stating her. I The same may be said r'agarffing many j ^hat he thought they had been swept “The relatioa of these facts any-' of those who are demanding his ex-; out. where and in any community would ecution. | ''About an hour after this occur- excite unbounded condemnation. "|u my jvidgment, no one has .t renee. Prank called up Lee over the Feeling Ran Strong. | right to an opinion who is not ac- telephone, a thing he had never done “If the auditoce in the court room' quainted with the evidei^ in the before, and asked him if everything numif^ted their deep resentment to- case, and it must be conceded that ward Prank, it was largely by this ^ the jury who saw the -witness and evidence of feelinjr beydcd the power behel| their^demeacor tf^n the standt .wliieh he had liever found that way be- of a court to correct. It would be' are in the best position as- a was all right at the factory. Lee found the double , inue.’? doors locked, itee., ' SubMquently, when Lee was tioy hi .'If.’ the brown presi-iman named fi^ntt, whom he had di:«-U'lc given as to where tlie conversc- 1*1 J ^ —i. —.. I tion occurred Ijfetween Mrs. i^aidc | the brown paper, which was and her mother as to how she hap- ■ tho ;arbon sheet of an order blavk pened to iiear the conversation. It'headed ‘Atlanta, Ga.,~ will be easily s>een that the effect of the afSdavit upoT the jury might be great. “It is hard to con«cive that any man's power of fabtication of min ute details conld reach that which Conley showed, unle.ss it be the truth. Use Slipu “The evidence introduced tended to show that on Sunday morning Frank took out of the time clock the' dip which he had admitted »t that tfnMr 290—,’ vrkich hereafter becomes imporian;, wa.s written in a negro's h:^dv^f^g the following: , ; , , “ *Mam that negro nne did this i went to make xxxx an« he push me down a hole a long tall u»- gro black did (had) it. i write ^ile play with me.’ ’‘The detectives learned about t&a middle of May that Conley cOQld write, although at .Irat he denied it. H« tna^ one statement and ' affidavits, whic>r are more fully re- I NT

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