Norwich bulletin., 1914-12-29
Lamar Grants
 Frank s Appeal
FROM FEDERAL DISTRICT COURT
 FOR GEORGIA
STAY OF EXECUTION
Case May SC Rsmanded to District
 Court fer Taking of Evidence-En.
 tire Supreme Court VIII Now Pass Upon Right to Sock Release.

Washington, Dec. 2S.-Justice Lamar of the supreme court today granted m appeal from the refusal of the federal district court for Northern Georgia to release on habeas corpus proceedings Leo Frank, under death sentence for the murder of Mary Phagan, 6, 15 year old factory girl of Atlanta, Ga.
 Frank is sentenced to die on JanI- ary g, but Justice Lamar's action ef- fects an indefinite stay of exec'.uon. Thirty days are given for fling the record of the proceedings in the lower court.
 Immediately after that has been done, the state of Georgia may ask that the case be advanced for hearing and such suggestions are generally grant ed, although in the regular course the case would come up for a year and a half.
 Writ of Habeas Corpus.
 The entire court will pass upon Franks right to seek release from GUS . tody, on a writ of habeas corDus on the ground that the thiaI court i1 Fui- ton county, Georgia, lost Jurisdiction over him by its failure to have him present when the jury returned it's verdict of guilty. Should the court decide that he was entitled to ask for the writ thus reversing Judge Newman of the lower court, the case may be remanded to the district court for the taking of evidence in support Of the petition. Should it eventually be heId that Frank must be released from cus- tody, 1t Is said mooted question may arise as to the power of the state to indict and try him a second time. Second Time Fate Rested With Lamar
 This was the second time Franks fate had rested in Justice Iam.u's hands. After the Georgia supreme court had declined to set aside the yer dict of conviction, Justice Lamar was asked to issue a writ of error for the supreme court to review the case. He l declined on the ground that no fedc-a question was presented, inasmuc:l aS questions of procedure were for tlG states to decide. Judge Holmes zut | eventually the other members of tbs court, upon being petitiened, took thS san1e ground Application tllen Wa, made in the Georgia federal court tol Trans release on a writ of haibeas CT. | pus Judge Newman held that .tht condemned man was not entitled to th, writ and refused to grant an appea | to the supreme court from his decisio1 because he was unwilling to i;ssli,, ; certificate of probable cause" Us re | quired by a. federal statute of 1908 il | such appeals.
 Base of Justice Lamar's Decision. | Justice Lamar then was asked |, grant the appeal and issue the cehtif 1 cate. In announcing his decision to l day the justice said that he had foant
 that. several questions of federal law
 unsettled by the supreme court, xxi st ed in the case. giving rise to ''probahI cause" for the appeal.
 l These questions were whether tn
 federal constitution requires an ac 1 cused to be present when verdi t i returned against him in a state court
 the effect of the accused not raisini the point of his absence on a moIioi for new trial; and the effect ,f tn supreme courts own action in refus m l to grant the writ of error in a caS
 where an alleged jurisdictional quas
 ton was presented on a motion file at a time not authorized by the pra-
 tice of the state where he rial tool | place.