Saturday, 29th May 1915: Prominent Georgians Pleading For Frank, The Atlanta Journal

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Alex King, Jack J. Spalding, Dr. T. J. Simmons and Others Ask Commutation

With only one day intervening before the opening of the hearing before the State Prison Commission of Leo M. Frank's petition for a commutation of sentence, the number of letters and petitions showed a very large increase Saturday, and especially, was there an increase in the number of Georgia letters and petitions. Some of the Georgians who wrote were: Attorney Alex C. King, of Atlanta, who declared that there was no doubt of the condition of the public mind at the time of Frank's trial, which was such as to render a verdict, unaffected by public sentiment, practically impossible. Attorney Jack J. Spalding, of Atlanta, who said among other things: "I was personally present in Atlanta during this trial, and it is my settled conviction that it was humanly impossible for him to have a fair and impartial trial under the conditions that existed here during that time." Dr. T. J. Simmons, associate president of Brenau College, Gainesville, who wrote Governor Slaton that almost the last request made of him by his wife, who died a year ago, was that he do what he could to aid Frank, whom both he and his wife were convinced was innocent of the crime of which he was convicted.

JUDGE SWEAT'S APPEAL.

Judge J. L. Sweat, of Waycross, former state senator, who wrote that he was in Atlanta attending the session of the legislature when Frank was tried and that he had good opportunity to hear the evidence and observe the highly wrought-up public sentiment. Rabbi David Marx, of Atlanta, personal and intimate friend and pastor of both Frank and his wife, wrote that he had known Frank for some years, had officiated at his marriage, and was his neighbor up to the time of his incarceration. "In all these years," said Dr. Marx, "I found in him that culture, freedom from passion, consideration of others, purity of speech and clarity of thought, coupled with a firm faith in God and in humanity that have characterized his actions and utterances since his accusation."

FALSE RUMORS.

Dr. Marx takes occasion to correct rumors, which at one time gained considerable credence, to the effect that after Frank's arrest, his wife refused to visit him at police station and that she had actually contemplated suing him for divorce. There was no truth in these rumors, says Dr. Marx. "I visited Frank at police headquarters when he was first held a prisoner there," says Dr. Marx, "and I was there when Mrs. Frank called to see him. The rude treatment accorded her, on that occasion, made Mr. Frank solicitous for her. Believing, as he expressed it, that he would soon be released, he asked me to prevail upon her not to run the gauntlet again. The love of her husband and the advice of her friends in keeping her away, may have been unwise, but if so, the false stigma that has been placed through their lack of judgment should be removed once and for all time."

ROAN THREATENED.

In his letter Judge Spencer R. Atkinson, of Atlanta, former justice of the Georgia Supreme Court and member-elect of the legislature from Fulton County, stated that during Frank's trial Judge Roan had from the bench handed him an anonymous letter which he had received threatening the judge and Frank's attorneys with death in the event Frank is acquitted. And, Judge Atkinson added, Judge Roan had on this occasion expressed doubt as to whether it was possible to give Frank a fair trial under the circumstances. Some of the other Georgians from whom letters were received Saturday were Rev. O. M. Sutton, College Park; John F. Flournoy, president Muscogee Real Estate Company, Columbus; Attorney T. T. Miller, Columbus; separate letters from Dr. and Mrs. W. J. Greene, Tunnel Hill; J. H. Johnson, Decatur; Wade C. Johnson, merchant, Kingston; Attorney F. E. Twitty, Brunswick; Attorney George W. Head, Tunnel Hill; Attorney J. B. Murrow, Tifton; Attorney Francis B. Hunter, Statesboro.

Letters from other states came from the following: United States Senator John W. Kern, of Indiana; Governor J. F. Hanna, of North Dakota; Congressman B. M. Chipperfield, of Illinois; Congressman A. A. Gregg, of Texas; Congressman John A. Sterling, of Illinois; United States Senator J. K. Vardaman, of Mississippi; H. E. House, mayor of Nashville, Tenn.; W. J. Holland, director of the Carnegie Institute, of Pittsburgh, former chancellor of the University of Pittsburgh, and member of the International Jury of Awards for the San Francisco exposition; Herbert S. Fairbanks, of the Bureau of Public Roads in the United States Department of Agriculture, who wrote that he was a graduate of Cornell, where Frank graduated, and that while he did not know Frank personally he did know that the members of the faculty and students of Cornell who were acquainted with him, held him in the highest respect as a man of excellent character and habits.

COLORADO'S PLEA.

A telegram from Denver told of a big mass meeting held Friday evening at the Woman's Club in that city. This telegram stated that petitions asking clemency for Frank and signed by thousands of prominent citizens of Denver and Colorado had been sent by express to the Prison Commission and the governor. Those signing the telegram were Prof. W. H. Smiley, superintendent of the Denver Public Schools; Judge Tulley Scott, a justice of the Colorado Supreme Court; Mrs. Edward P. Costigan, president of the Colorado Federation of Women's Clubs; Dean H. Martyn Hart, bishop of the Episcopal Diocese of Colorado; Rev. Allan A. Tanner, Rabbi William S. Friedman and Father William O'Ryan.

The governor received a telegram from Lester L. Bauer, secretary of the Leo Frank Committee of Chicago, asking if he would on Monday receive a delegation consisting of John M. O'Connor, chief justice of the Criminal Court of Cook County, Illinois; Harlow N. Higginbotham and Mrs. Mary Delaney Fisher, vice president of the Southern Woman's Club of Chicago.

GOVERNOR TO RECEIVE PARTY.

To this telegram, Governor Slaton replied: "I will, of course, receive courteously any gentlemen or ladies, but Frank's case may not reach me, and I could not hear argument. Matter is before Prison Commission. It is likely I will be out of the city Monday but will be in Atlanta Tuesday." Governor Slaton, several weeks ago accepted an invitation to deliver a commencement address on Monday to the students of the La Grange Female College, from which his mother, Mrs. Slaton's mother, and two sisters of Governor Slaton's father had graduated.

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CONLEY'S DEPOSITION MAY BE TAKEN IN COUNTY JAIL

Attorney in Suit for Mary Phagan's Death Will Also Get Frank's Statement

James L. Key, attorney for Mrs. J. W. Coleman, mother of Mary Phagan, who is suing the National Pencil Factory for $10,000 damages for the death of Mary Phagan, is making arrangements to take depositions from Jim Conley and Leo M. Frank Wednesday. These depositions are to be used as evidence when the case comes up for trial two months from now. Mr. Key said it "suited his purpose" to examine Conley at the county jail instead of at the Bellwood Convict Camp, and to this end, it is said, he has written a letter to Warden Girardeau asking the warden to bring Conley to the jail Wednesday. This is the last day of Conley's term, and Mr. Key wants to get the deposition before the Negro is freed. Warden Girardeau Saturday morning said that he had not then received any letter in regard to this, and said he thought he would have to have a court order to bring Conley to the jail for the deposition. Mr. Key said he thought permission from the county commissioners could be obtained, if necessary, to allow Conley to come to the jail, make his deposition there, and be released from there instead of from the camp. Court Reporter T. J. Freer is expected to take the depositions.