The Anderson intelligencer. [volume] (Anderson, S.C.) 1914-1917, 1914-05-08
FRANK DENIED
u. IA new TRIAL
STANDS IN SHADOW or THE
GALLoWS FOR MURDER
OF FACTORY GIRL
DEFENDANT COOL
Whether Appeal VIII Be Made 60
State Supreme Court Not Civ
en- Out By Defense
DEFENDANT COOL
tBy Associated Pness)


i. tBy Associated Pness)
Atlanta, May G.-Denial OF the de-
fense's plea for new trial for Leo
M. Frank, the factory superintendent
under sentence OF death for the muir
der Of fourteen year old Mary Phagan,
was made here tody by Judge Benja-
min H. Hill, of the superior court. ~,
Action is Prompt. 4
The. courts action was taken Inn
mediately after the ccnei::sLcc..:. 60 a.S;;::
ments by attorneys for the defense,
which followed the completion of evil
dence introduced by the defense and
the State. Judge Hill indicated that
lie did not cure 10 hear arguments
from the States counsel.
News of the latest reverse was TAX
en- Immediately TO Frank, who is con-
find in the county jail awaiting final
action in his case, which has been in
the courts continually fer more than
year. His wife was with him at the
time.
81 had expected that action" said
the factory superintendent, 81 have
nothing to say now but may later. ("
VIII Grant Exceptions.
No written opinion was made by
Judge Hill in delivering his decision.
He announced, however, that he would
grant a bill OF exceptions to the de-
tense by which the case may be Risen
TO the state supreme court q nd tlllss
he would then prepare a written opiIs-
ION. Is e II (. q. 81 $50
Counsel for the defense ma the state
plan q con fereisee
5sE 90 s 5llle
bill Of exeentiona Tor an sgilf
be considered.
No formal announcement ragaEditig
the appeal was forthcoming from the
defendants counsel tonight. It was
not known whether 1t would be ;deS
layed until after decision is obtained
on another pending motion which asks
the annulment OF the verdict IN ec-
count of the absence OF Frank from the
court room when 1t was returned.
Annalment Motion Saturday.
Hearing on the annulment motion
was set for Saturday by, Judge Hill
today The defense alleges that the
returning Of the verdict agsiHs. Franz
while he was absent from the court
room Violated the constitutional rights
OF the defendants.
Absence of'the defendant was agreed
TO by two members OF Franks coun-
sci and was suggested by J.. 8. Roam,
the presiding Judge at the trial; it
was feared by the judge that physical
violence might be. inflicted on FrAtik
by persons in the audience in Gaze b
verdict of acquittai was returned. The
annuiment motion was filed by law
yess who had no connection with the
argument.
Is The extraordinary motion fora StieW
trial oyerruled today was based on
: the claim OF newly discovered evidefce
and criticized methods used by per:
sons connected with the pTeparation OF
the case for the state. Many Of the
affidAvits presented reflected on Jasnea
ConleY the negro factory aweeror.
who was convicted as an accessory
after the murder.
Inits counter showing, the state In
troduced sworn statements repudiatiDe:
z 1nnnv nf the af!ieavits anA cAass : I. !
that Improper means, including bribe
offers, had been used In obtaintnk the
reputeu new evidence. ForBBFy was
charged in some instances. e;
Is Third Denial.
Today was the third time trat 3 new
trial had been denied Frank. n prev
ious appeal was refused In both the
siipericr court and In the state stts
!, pfeIne court. Information was tlieh
gathered for the extraordinary mo-
dion which was denied today.
Frank has twice been sentenced to
{ hang, the execution In each caae ber
ing stayed by motions for q new tF,ssssee.
He was convicted by the jury on the
! first ballot, August 20, 10. I. and SEN
fenced 20 be hanged on I, t0ber 10.
$ When final denial of the first motion
Tor u new trial was made by the state
stlpfeme court his execution agar, was
SCI for April IL, 1914.
on April l6 the extraordinary mo.
tion for new trial was hleGs auto
nakicasiy staying his eDecutI0u. At
TIE same time the motion for mi hsinuiL
liienk ns the verdict was fled, Ia caAe
bath motions are finally lost by the
flefensB O new date for the e1ectttio1
siill he set,
The body OF the fsctory gifl was
J, S1iisad IN the haganpent Of the National
- T5IiS5sf Z 5tiTi uffIV il6fa on tna morning
1s .April "a, 1918. She had been asstsbt
oyer she head end afterward ssFaheiee
rank had charge OF tha. pens sss+-se' s+-se'
n : ~ = sf