Friday, 21st May 1915: Judge Roan Did Not Believe Frank Guilty, The Atlanta Journal

So declares Judge Arthur G. Powell in letter to Prison Commission.

Judge Arthur G. Powell, the well-known Atlanta lawyer and former judge of the State Court of Appeals, has written to Governor Slaton and the State Prison Board a letter declaring the late Judge Roan told him that he (Judge Roan) believed Leo M. Frank was innocent of the murder of Mary Phagan, and expressing his (Judge Powell's) hope that Frank will either be pardoned or commuted to life imprisonment.

In the course of the letter, Judge Powell says: "I was an intimate friend of Judge Roan. If he were living, I would not attempt to speak for him. Since his mouth is closed by death, I feel that it is due to him and to Frank that I should give you the benefit of what I know of how he felt as to the defendant's guilt."

"Frequently during the trial, he advised with me, sending for me often to come to the Court House. I cannot, with brevity, detail the conversations I had with him. The substance of what he told me is that he did not believe the defendant to be guilty. He expressed this opinion, in substance, to me at varying times, during the trial."

"At his request, I prepared portions of his charge to the jury. I mention this fact merely to show that I had opportunity of intimate knowledge of the state of his mind."

"Why, with these views, he did not grant the new trial, which from his conversation with me I fully expected him to grant, I do not know and cannot explain. I have known Judge Roan for a number of years, and I can say he was not himself during the trial and afterwards."

"Furthermore, I wish to say that I was present in court a number of times during the trial, and kept up tolerably well with the evidence. I had no interest in it. If I was theoretically interested, it was on the side of the state, as my partner, Mr. Hooper, was engaged in the prosecution. What I saw of the trial convinced me that the defendant was innocent. To any critical mind, there must be grave doubt of his guilt. As a citizen of the state, let me say that I hope he will be pardoned or that his sentence will be commuted."

"I can say further that I have recently been in various parts of South Georgia and have been surprised to find how strong and practically unanimous the sentiment there is against his being hanged, though there was considerable feeling against him in that section at the time of the trial."

"Respectfully, A. G. Powell."

It is understood that a number of other well-known Atlanta lawyers have also written to the Prison Commission in Frank's behalf.

PAGE 12, COLUMN 3

RESOLUTION IN TEXAS ASKS FOR COMMUTATION

(By Associated Press.)

AUSTIN, Tex., May 21. A resolution signed by 71 members was introduced in the lower house of the Texas Legislature today urging the Governor of Georgia to commute to life imprisonment the death sentence imposed upon Leo M. Frank for the murder of Mary Phagan. The resolution went over until tomorrow. The 71 signers constitute nearly a majority of the house.