The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-02-18
Atlanta Factory Super
intendent Step Closer
to Gallows.
HIS LAWYERS MAY
CONTINUE FIGHT
Battle for Freedom Can Be Pro-
longed in Number of Ways, and
Months Likely to Elapse Be
fore Fate Finally Is De-
termined-Convicted
of Killing Girl.

Atlanta. ca, February 17-Lco NJ
Frank, under sentence of death for the
murder OF fourteen -ycar-old Mary
Phagan here on April &c OF last year
to-day was advanced one step closer
to the gallows. when the Georgia SUI
premc Court sustained the verdict of
the lower court, which pronounced him
guilty The opinion, written by JUS
tice Atkinson, also was signed by Jus
tees Hili, LumplSin and Evans, q dis
senting opinion was entered by Chief
Justice Fish and Justice Beck.
Although Franks LAWYERS tonight
would make no statement as TO what
steps they would take next, it was re
ported that they have not yet given
up the determined battle which they
have waged for the freedom Of the
young factory superintendent. News
that the highest court of the State had
denied him the right to be again tried,
failed to shake the iron nerve OF the
condemned man. His friends said he
received the tidings quietly, refusing
to comm ent thereon.
While the Supreme Courts decision
is voluminous. the pith of tho ruling
IS contained in the head-note which
says: The evidence supports the YER
dict. and there was no abuse of discre-
ton IN refusing new trial"
Dissenting Opinion.
In their dissenting opinion. Chief
the trial court erred in admitting the
Testimony OF James Conley and c. r.
Dalton, regarding alleged acts involv
Ing immoral conduct on Franks part
toward women prior to the murder OF
the lhagan girl.
Unless an extraordinary motion for
q new trial or some other move in
behalf of the convicted man IS made,
he will be resentenced within the next
two weeks. The decision of the Su
preme Court first must be entered as
that OF the trial court. after which SEN
tence again may be imposed.
Franks fight for freedom may be
prolonged In IL number of ways. and
to-night IL was pointed out that months
may elapse before his fate finally is
decided. According 30 court officials
here. ii is possible that in view OF the
dissenting opinion OF two OF the six
justices of the Supreme Court, Franks
lawyers may move TO reargue the case
before that body. In the event that
such a motion was denied. an attempt
then probably would he made to get
the case before the United States SUI
prcme Court on the grounds that Frank
has been deprived OF his liberty with
out due process Of law. Another course
open TO Frank would be to flo an ex-
traordinary motion for a new trial be-
fore the court In which he was con-
victed. Should the court.dcny this mo-
ticn. an appeal could be taken to the
state Supreme Court. AS q last resort
1t was pointed out, an appeal could be
made TO the Governor for an extension
of executive clemency
Many Counts in PIen.
When the Frank case was appealed
to the Supreme Court more than 100
counts were contained in the plea
Stress was laid on allegations of pre-
q IA
charges were made that race feeling
against the young factory superint on
dent, who is Il Jew, had made itself
felt IN the courtroom and influenced
tho verdict. Significance was also at
tached TO the statement of the trial
judge. who In denying a motion for
new trial, said that although he had
heard all the evidence. ne was not CON
vinced either of the guilt or innocence
of the defendant.
To-day's decision adds another chap
ter to n case whose records are al
ready said to be more voluminous than
any other in Georgia annals. Every
step of the prosecution since Franks
arrest on suspicion on April 90, 1913,
has been stubbornly contested. Much
popular feeling has been manifest both
for and against the defendant
FRANKS arrest came two days after
the body OF Mary Phagan was found
by night watchman In the basement
of the National Pencil Factory, where
she had been employed. and of which
Frank was superintendent On MAY g,
coroner's jury ordered that Frank
and Newt Lee, the negro watchman who
discovered the body, be held for grand
jury investigation. Frank was indicted
for murder on May "a. Charges
against Lee were dismissed
Trial Begun in July.
The trial began July 2S. 1t was fea-
tured by the sensational testimony of
James Conley, n negro sweeper at the
factory. He declared he helped Frank
dispose of the Phagan girls body after
the superintendent had killed her, and
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