The Dawson news. (Dawson, Ga.) 1889-current, 1914-12-22
FRANK LOSES AGAIN
IN HIS LAST APPEAL
APPLICATION MUST NOW BE
MADE TO INDIVIDUAL MEM
BEERS SUPREME COURT.
PROBABLE CAUSE NOT SHOWN

Judge Newman Is Willing to Permit
an AppeaI, But viii Not Certify to
II Under the Law. Only Frivolous
DELAY Says Attorney Dorsey.
ATLANTA, Ga, Dec 21.-Federal
Judge Newman today declined to
grant a certificate stating that in his
,oninion there was probably cause
for an appeal to the United States
sunreme court in the habeas corpus
proceedings instituted by Leo Frank,
under sentence to be hanged Janu-
sarv % for the murder of Mary Pna-
gan.
Judge Newman stated, however at
the close of an extended hearing that
he was willing to allow Frank to APP
neal TO the higher court, but that he
wonld not certify the appeal. Ac-
cording to Franks attorneys under
4he law of 1908 relating to appeals IN
babeas corpus cases from the federal
district courts Judge Newman decls-
ion in effect means that they will be
,omDeIled to 90 before an individual
iustice of the supreme court and
make application to him to grant an
apDeal before the matter can be
brought before the highest tribunal.
Argument by counsel for Leo M.
Frank, under death sentence for the
murder of Mary Phagan, on motion
for an appeal in habeas corpus pro-
xceedings to the United States SUI
Dreme court, was heard here today by
Federal Judge Newman. Hugh M.
dorsey. solicitor general of Fulton
county, who conducted the prosecu-
ton of Frank, and Attorney General
Warren Grice of Georgia, on behalf
of the state, opposed the granting
+of the appeal.
Judge Newman, after a hearing
Saturday, denied a petition for a writ
of habeas corpus for Franks release,
which was based upon the allega-
stion that Franks constitutional right
had been violated by reason Of his
involuntary absence" from the court
room when the verdict was returned.
The argument today centered about
the question of whether Judge New
man should certify an appeal from
his decision to the higher court, I'M
der te law enacted in 1908 requiring
that in such proceedings the federal
Judge must accompany the appeal
with acertifcate that there is "proba-
BILE cause"
Attorney General Grice and Solic-
itor Dorsey contended that all the
points raised in the habeas corpus
proceeding, with the exception of the
question of Franks right to have
been in the court room when the YER
dict was returned, had been embod-
led in the original motion for a new
trial, which was denied by the SUI
preme court. They declared the state
r~~--'- - ~u1ed that the cOnstitu-
1~-.-- Int should have been pre-
scented in the motion for new trial,
that it involved a matter of state
that members of the
United States supreme court had sus-
tanned the ruling in refusing to issue
a writ of error for review of the case.
1.-The constitutional question was
raised by Franks counsel to delay |
execution of the judgment Of the
state courts" declared Mr.. Dorsey.
fIt is a frivolous point and we con-
tend that there is no probable cause
for appeal"
eve do not believe" replied Mr..
Peoples. of Franks counsel, that
the violation of the constitutional
rights of a man under sentence OF
death, who has exhausted all his 9TH
or remedies, constitutes frivolous
question. The question of the denial
of Franks constitutional rights has
never been adiudicated by any
court"