Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-11-02
Prisoner mistaken, but Wife Be-
comes RystericaI 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-
cIston 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-
ment, of appeal probably will be filed
VITA The higher court early this week.
lnly chagrined by their failure
10 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.
md would appeal Immediately from
Judge Roans decision to the Supreme
Court,
However, il 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 a part Of ths records that will
20 to the Supreme Court in the last
desperate effort to save Franks life.
Judge Worn by Ordeal.
Judge Roam, announcing his deci-
son, 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 has 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 I 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, | am not thoroughly con-
FInced that Frank is guilty or limo
cent But | do not have to be con-
WINGED. The jury was convinced
There is no room to doubt that. Gen
uemen, feel it is my duty to order
that the motion for a new trial be
oyerrujed."
hardly We're the words out OF his
mouth than Luther Rosser, for the
defense requested that he not resign
ron the Superior Court bench until
.ae appeal to the Supreme Court has
been made. At the same time the
lawyer asked that Judge Roan's pre-
mlnarv statements concerning his
1"uot he made a part of the record.
H"icltor Dorsey entered an objection.
nut The Judge ruled that 1t might be
recorded.
Frank Retains His Poise.
Leo Frank was in the Fulton Coun-
& Tower when the decision was an
h"uneed. With him was his wife and
several close friends Informed that
.' ma" lost in another fight, and thai
''' salIoWs doomed more menacinglv
"''h before, Frank lost none Of the
l3'm that has marked his demeanor
''"'O the very first, To friends he
SAID p.acdlv that he had not expected
ne" trial from the lower court but
,.al ne was confident his cause would
'7 successful when appealed
Mrs Frank, however, was over
'o'he by the news. She fell into a fit
vi wild sobbing, and would not be
y''l'ofted. 1t was as if she consid-
ep all nope gone. Shortly afterward
left her husbands cell and was
,1Neh nome, still in a frenzy of grief.
"', and Mrs. selig, Mrs. Franks
'g''er and father, We're with her.
VIII require weeks. maybe
."'I''ns' for a consideration of the APP
'''' by the State Supreme Court.