Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-11-02
Prisoner mistaken, 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-
gision Of Judge Roam Friday refusing
the convicted man new trial, has
the defense. Plans were we'll 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
sly nothing yesterday concerning
their plans or hopes, except that they
are as determined as ever in the fight,
Judge Roan'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
by Judge Roam that he was not con-
WINGED of Franks guilt. This state
ment is part 0: the records that will
90 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 a 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, l have thought about
this case a great deal" he announced
Il have thought about 1t more than
any other case l ever have tried. Gen
uemen, am not certain of this mans
guilt With all the thought l have
put on the case, after hearing all the
evidence, / am not thoroughly con-
yinced that Frank is guilty or limo
cent But 1 do not have to be con
vinced. The jury was convinced
There is no room to doubt that. Cen
tlemen l 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 Roan's pre-
.lminarv statements concerning his
doubt be made a part OF the record.
solicitor Dorsey entered an objection,
but the judge ruled that It might be
recorded.
Frank Retains His Poise.
Leo Frank was in the Fulton Coun-
ly Tower when the decision was an
bounced With him was his wife and
several close friends Informed that
ne had lost in another fight, and thai
ne gallows doomed more menacinglv
IMAM before, Frank lost none Of the
calm that has marked his demeanor
rom the very first To friends he
SAID placidly that he had not expected
new trial from the lower court. but
mat he was confident his cause would
'e successful when appealed.
Mrs Frank, however was over
come by the news. She fell into fit
'' wild sobbing and would not be
.omtorted 1t was as if she consid :
a.. nope gone. Shortly afterward
'4e left her husbands cell and was
AIKEN home, still in a frenzy of grief
N'' and Mrs. Selig, Mrs. Frank
mother and father. were with her.
will require weeks, maybe
"ohtns, for consideration of the APP
peal by the State Supreme Court.