Atlanta Georgian., 1914-02-18
NEW PLEA
To PUBLIC
BEGS FOR
JUSTICE
Prisoner Sleeps Well and Follows
Usual Prison Routine, Appar-
emily Unshaken by Defeat.

Shaken by the decision of the
Supreme Court denying him a
new trial, Leo NJ. Frank, sitting
in the shadow of the gallows in
the Fulton County Tower, We'd
nesday began the preparation of
a statement i'll which he will re-
iterate his innocence of the
murder of Mary Phagan and
plead anew for his life.
While Frank is preparing his
statement, his attorneys, Luther
Rosser and Reuben Arnold, are
formulating plans for the final
battle for the life of the con
victed factory superintendent.
Both Mr.. Rosser and Mr. Arnold
declared Wednesday that they are not
| discouraged by the ruling of the Su-
preme Court, and expressed their
confidence that they ultimately will
free their client. Neither would make
any definite statement of their plans.
and they declared that they will take
no action until they have had time to
go thoroughly into the opinion of the
Supreme Court judges affirming the
verdict of the lower court, as well as
the dissenting opinion.
Reports from the Tower Wednes-
day morning said that Frank had
slept well-as well as usual. and that
means very well indeed. His wife's
second visit of the fateful day lasted
until 1O;3O o'clock after which the
prisoner retired.
Takes Usual Exercise.
Apart from the unusual number Of
visitors Tuesday was spent much as
any other day by the prisoner. The
BARRIERS visit was on schedule time.
He had his hair trimmed. in addi-
tion to the daily shave. In the af-
ternoon he took his dumbbell exercise
and calisthenics
A great and abiding faith in his in
nocence and It's ultimate triumph, or
a most consummate nerve and impu-
dence, is sustaining the prisoner in a.
role of fortitude and caImness per
haps without a parallel in the annals
of the State
Three courses are open to the ac-
cused man, and they are being pom
dered carefully by him and his at
torneys before it shall be decided
which card to lead for the final trick
in the game
The first plan may be expressed as
a motion for a rehearing before the
Supreme Court-the same body which
handed down an adverse finding on
Tuesday.
Must Have New Evidence.
The second course is what is
termed an extraordinary motion for
a new trial in the Supreme Court
the trial court in the case-based on
newly discovered evidence
The third plan is an appeal to the
Supreme Court of the United States,
on the ground that the defendant was
deprived at his trial of certain con-
stitutional rights
All three of these courses, or any
one or two Of them. may be invoked.
Even if failure was the portion of all,
it would be possible to defer the final
ending of the case as much as a year
perhaps longer.
The second course, as given in the
foregoing, Is not deemed practicable
at present; at least, there has been
no hint of any new evidence turning
up that could warrant the filing of IN
extraordinary motion.
Lawyers Sift Ruling.
Franks lawyers are working over
the Supreme Courts finding, sitting
both the asserting opinion of the four
judges and the dissenting opinion of
the two in the effort to extract suffi-
cient strength for a case to be pre-
sented in the fight for a new trial, but
whether in the Supreme Court of
Georgia or of the United States is
1t also is understood that the dis
senting opinion of Chief Justice Fish
and Justice Beck. to the effect that
evidence of Franks relations with
women other than Mary Phagan was
inadmissible will be used basically III
the next legal battle. in whatever
court it may be waged.