Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-22
Noted Detective to Make Personal
investigation of Mary Phagan's
Death in Hope Of Clearing Away
All Its Mysterious Elements.
Attorneys fer Doomed Man Busy
Preparing for Reheariug Plea
Before State Supreme Court.
Case May Go to U. S. Tribunal.

Leo Frank. another redoubt Of de-
Tense lost in his battle for life, has
set himself TO cherlshing the last hope
that some circumstance will occur to
save him from the gallows. Con-
victed of the murder of Mary Pha-
gan, sentenced to. be hanged, with
that sentence affirmed by the SUI
preme Court. he still maintains his
Innocence, in remarkable statements
that he writes in his Tower cell.
Meanwhile his friends are working
staunchly, with preparations to. car
ry an appeal TO the United States SUI
preme Court. Also, the decision Of
Detective William J. Burns to inves-
tigate all the circumstances Of Mary
Phagan's death is generally attrib-
uted to the influence Of Franks forces
---although they deny it--and seems
to indicate a desperate fight at the
last ditch.
To Fight for Rehearina.
The sentence of death. passed by
Judge Roam in the Superior Court.
was stayed by the appeal to the SUI
preme Court. But now that the eu-
preme Court has spoken, Frank must
be resentenced. To forestall this, his
attorneys are planning to submit to
the Supreme Court motion for a re-
hearing. This motion denied, an ap-
peal will be taken to the Supreme
Court of the United States.
Franks attorneys, Luther Rosser
and Reuben Arnold. are working zeal
ously in examination of the details
OF the Supreme Courts decision. try
ing to discover a means of substan-
tiating their further appeal for new
trial. 1t 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 as the ba-
sis of the next legal battle.
Attorneys Disseet Decision.
The decision of the higher court,
announced Tuesday, was marked by
split among the members Of the
bench. The majority opinion, affirm
ing the verdict of the Superior Court.
was written by Justice Samuel At
kinson. and concurred in by Justices
Hill, Evans and Lumpkin Chief Jus
tice Fish and Justice Beck dissented.
Two important conclusions were
voiced in the majority opinion. The
first was that the admission of evil
dence by Jim Conley and c. Il. Dali
ton. 10 the effect that Frank was a
moral degenerate, was justifiable, as
lending to prove the character OF the
prisoner. Tha second was that Judge
Roan's statement of his personal
doubt of Franks guilt or innocence
was not binding, as his act in declin-
ing TO grant a new trial showed he
felt reasonably certain of Franks
guilt
The principal basis OF the dissent
ing opinion was the belief that evil
dence Of Franks lasciviousness
should not have been admitted in
IpliiiS'fliOfl Win HIS TRIAL TOT lHe muir
der of Mary Phagan.
Franks Statement Comes.
Immediately upon the announce
ment OF the decision, It was under
stood that a statement would be
forthcoming from Frank the first ex-
preston of any significance from him
since the day he was on the witness
stand. The promise held good, and =
remarkable document was given out
the next day.
In it Frank repeated his profes-
sions OF innocence, and declared his
belief that the truth ultimately would
be revealed. Among his other state
ments was the following:
Il can truthfully say that there
rests no bitterness or reorimination
in my heart against those who. with
the authority of the law behind them,
have enmeshed me. an innocent man.
in the meshes of the laws machinery.