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 0veuuIe Jury Verdict.

The fight for the life of Leo Frank,
lecked only momentarQy by the de-
sion of Judge Roam Friday refusing
fue convicted man a new trial, has
been resumed by the attorneys for
Tho defense. Plans were well under
way Saturday for an appeal to the
supreme Court of Georgia. and the
bin Of exceptions anu other docu-
mants of appeal probably will be filed
with the higher court early this week.
Plainly chagrined by their failure
~ obtain a new trial through appeal
10 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 Roan's decision to the Supreme
Court.
However, it is gathered from the
ralh Of men who are close friends to
Franz 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
mont is a part of 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 decl-
sion, revealed a countenance worn
with troubled thought. The trial had
been comparatively a simple ordeal
This aftermath, this appeal for new
trial with the decision resting with
aim 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
I have thought about it more than
any other case ever have tried Gen
temen, | am not certain of this mans
guilt With all the thought l have
put on the case, after hearing all the
evidence, I am not thoroughly con-
WINGED that Frank is guilty or limo
cent But | do lot nave to be con-
WINGED. The jury was convinced.
Fnere is no room to doubt that. Cen
t.emen, l feel it is my duty to order
That the motion for d new trial be
oyerruled."
Hardly were the words out of his
mouth than Luther Rosser, for the
defense, requested that he not resign
rom the Superior Court bench until
fine appeal to the Supreme Court had
been made. At the same time the
.a"yer asked that Judge Roans pre-
mlnary statements concerning his
doubt be made part of the record.
solicitor Dorsey entered an objection,
but the judge ruled that 1t might be
accorded.
Frank Retains His Poise.
Leo Frank was in the Fulton Coun-
y Tower when the decision was an
Nounced With him was his wife and
'''eral close friends. Informed that
'' mad lost in another fight, and thai
''''NN l'vllth lilOlt DleldtlllSiN
man before, Frank lost none OF the
.'.n that has marked his demeanor
iom the very first. TO friends he
"'a piacidiy that he had not expected
new trial from the lower court, but
nat he was confident his cause would
' eurcessful when appealed
Mrs, Frank, however, was ovG-
.''l' by the news. She fell into fit
'. Wild sobbing, and would not be
'RIorted. 1t was as if she consid-
'.-- al hope gone. Shortly afterward
Vie left her husbands cell and was
zen home, still in frenzy of grief
VII. and Mrs. Selig, Mrs. Franks
MOTHER and father, were with her.
viii require weeks, maybe
'''ntns, for consideration of the ap-
'.'. 10y the State Supreme Court.
Al