The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1913-11-03
DENIAL Of NEW
TRIAL FOR FRANK
NOT UNEXPECTED
Arguments by Defense More
Appeal to Public Senti-
ment Than Question
of Law
ny FRED LEWIS

Atlanta November 2.-(Specia1.)-I was
the expected that happened in the matter
of the motion for new trial in the case
of the convicted murderer of Mary Phag-
an, Leo NJ. Frank.
And this expectation was grounded in
good reason, for it must be conceded that
Judge /. s. Roam was we'll aware of the
magnitude and importance of the case
before he sat on the bench for the first
day of the trial. knowing this. it would
naturally be the policy of any judge to
observe every possible and reasonable
precaution against error That Judge
Roam took every such precaution from
his viewpoint of the case cannot be ques-
toned, and it was expected, therefore,
that he would refuse a new trial as he
has done, unless he were shown some
facts or circumstance affecting the trial
of which he was not previously aware.
1t is almost within the bounds of reason
likewise to assume that the attorneys for
the defense expected an adverse decision;
for certainly no motion for new trial has
ever been argued in Atlanta that APP
preached nearer to passionate appeal to
jury sentiment rather than a straight for
ward argument upon the law, addressed
to an intelligent and discriminating
judge
Charges of corrupt methods and prac-
tice in the matter of securing and han
ding evidence were hurled right and lett
The argument made to a judge upon the
bench in endeavoring to secure a new
trial in this case read more like an appeal
to public sentiment. 1t was full of per-
I I.,.,f
torneys representing the defendant, and
INDUCED in by the states council more
as a matter of reply than in an effort to
make them the foundation of his case
Eight days were occupied in the presen-
tation of the motion for new trial and
the argument upon it; considerably more
time than was taken by all the argument
made before the jury when the case was
on trial.
Quality of Argument
And the quality of the argument seemed
not one whit different from that made in
passionate discussion before the jury in
the effort to mold it's sentiment.
While Judge Roam has said nothing
upon this subject, there can be little
doubt that he must have felt something
close to humiliation in being addressed
almost in the manner that one might ha-
rangue a mob.
While the local papers nave not us
cussed this aspect of the case, it has been
topic of talk generally among those who
have given it attention; and the con-
clusion has been that the defendants case
so far as public sentiment is concerned
has in no wise been benefited by the man
ner in which it was handled on the appli-
cation for new trial.
The case now goes to the supreme court
upon the facts as placed before Judge
Roam in the recent motion. 1t Will be at
least two or three months before the case
can be argued there and a decision
/ reached 1t will be interesting to know
whether the arguments before the high
est court will ,partake of the nature OF
those presented before Judge Roam, in-
,volving CHARGES and oonnter-oharges4 by
the lawyers on either side one against the
other, and personalities which so far as
the public can see, have practically Moth
ing to do with the merits of the case.