Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-11-02
Prisoner Unshaken, but Wife Be-
comes HystericaI When Told
Court Had Rejected Motion.
Appeal To Be Filed This Week.
Judge Roam, Worn by Ordeal, Ad-
mits in Decision He Still Is~Not
Thoroughly Convinced, but Re-
fuses to Override Jury Verdict.

The fight for the life of Leo Frank,
checked only momentarily by the de-
cision of Judge Roam Friday refusing
the convicted man a new trial, has
been resumed by the attorneys for
the defense. Plans We're well under
way Saturday for an appeal to the
Supreme Court of Georgia, and the
bill Of exceptions and other docu-
ments of appeal probably will be filed
with the higher court early this week.
Plainly chagrined by their failure
TO obtain a new trial through appeal
to Judge Roam, Franks lawyers would
say nothing yesterday concerning
their plans or hopes, except that they
are as determined as ever in the fight,
and would appeal Immediately from
Judge Roap's decision to the Supreme
Court.
However, it is gathered from the
talk of men who are close friends to
Frank that considerable hope is held
out for the prisoner in the statement
WINGED of Franks guilt. This state-'
ment is a part Of the records that WIN
go to the Supreme Court in the last
desperate effort to save Franks life.
Judge Worn by Ordeal.
Judge Roam, announcing his deci-
sion, revealed a countenance worn
with troubled thought. The trial had
been comparatively simple ordeal
This aftermath, this appeal for a new
trial. with the decision resting with
him alone, was plainly trying. He
had pondered much, as his first words
showed:
Gentlemen, | have thought about
this case a great DEAL" he announced
Il have thought about it more than
any other case ever have tried. Gen
tlemen, | am not certain of this mans
guilt With all the thought 1 have
put on the case, after hearing all the
evidence, | am not thoroughly con-
WINGED that Frank is guilty or limo
cent. But do not have to be con-
viuced. The jury was convinced
There is no room to doubt that. Gen
uemen, I feel it is my duty to order
that the motion for a new trial be
overruled."
Hardly We're the words out OF his
mouth than Luther Rosser, for the
defense, requested that he not resign
from the Superior Court bench until
the appeal to the Supreme Court had
been made. At the same time the
lawyer asked that Judge Roans pre-
urinary statements concerning his
doubt be made a part Of the record
Solicitor Dorsey entered an objection.
but the judge ruled that Il might be
recorded
Frank Retains His Poise.
Leo Frank was in the Fulton Coun-
ty Tower when the decision was an
nounced. With him was his wife ana
several close friends. Informed that
ne had lost in another fight, and that
me gallows doomed more menacingly
man before, Frank lost none OF the
-aIm that has marked his demeanor
rom the very first. To friends he
sa'd placidly that he had not expected
new trial from the lower court, but
mat he was confident his cause would
ne successful when appealed.
WIS Frank, however, was over
come by the news. She fell into fit
"' wild sobbing, and would not be
Nofhforted. 1t was as If she consid-
'Fea all hope gone. Shortly arterward
''' Ieft her husbands cell and was
.oAeh home, still in a frenzy of grief
N'' and Mrs. Selig, Mrs. Franks
mother and father. were with her.
II VIII require weeks, maybe
'"'nIhs' for a consideration of the APP.
zeal by the State Supreme Court.