The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1914-03-13
Splendid Plea For Far 7nals
Deoo'd of PersonaL Prejudice

Is 30 extraordinary in every phase and
detail, 80 important in the conse-
quences that may follow and so dan
gerous to the sanctity Of the courts
and the safety Of the people them
selves, that ordinary rules do not ap-
ply Besides. so far as the record
shows, this is finished case. The
prisoner has been sentenced to death,
and nothing remains but to execute
the mandate Of the court. We do not
therefore violate the prophecies of
Journalism nor offend against the
peace, good order, and dignity Of the
State, when in simple justice and with
profound respect for. the courts and |
jury, as we'll as the lawyers on both |
sides Of this remarkable case, we /
plead for new trial for this unfortu- |
nate man.
| The courts have their great respon- !
sibilties and their arduous duties to
perform, and be it said to their ever
lasting credit, they discharge those
duties to the best of human ability.
But even juries are sometimes swayed
by environment and the judicial err
mine is not infallible Infallible is an
attribute of omnipotence ana omnis-
cience only. Responsibility for the
enforcement Of the law and the pun
ishment Of crime rests largely but not
exclusively upon the courts. The
press also has it's share Of responsi-
bility, and It seems to The Journal
that the time has come for the press
to speak. The journal will do so now
even though every other newspaper in
Georgia remains silent.
1t is our duty to help enforce the
laws and punish crime, but it is far
more solemn duty to know with reas-
enable certainty at least that men &C.
cused of crime are guilty before they
are punished. Error in the admins
tration of the law must be corrected
t before its consequences are visited
3 upon those not legally convicted; 9TH
:. erwise the law itself falls into disre-
/ pute and becomes the scorn of those
e who should uphold 1t.
In this respect the press is respon-
sible no less than the courts. Its
tduties are not in conflict but in aid OF
u tho courts. 1t is the amicus curiae
u the friend of the court, In such mat
. ters, It is in this spirit that we ap
d peal for a new trial for Frank Ii
T. Frank guilty Of the murder of Mary
10 Phagan? We do not know. He ma,
D. be guilty or he may be innocent. HI
III may be fiend incarnate, or he ma!
ie be the victim of a cruel conspiracy
Whether he is innocent or guilty i
H. not the DIGESTION.
re Leo Frank has not had a fair trial
H. He has not been fairly convicted an,
IT his death without fair trial and lega
Is conviction will amount to judicia
IL murder.
III We say this with full understand
ing of the import of our words an
ie the responsibility that rests upon us il
IS making this appeal. We do SO, not il
lie disrespect for the court or the lawyer
Us or the jury They did the best the
le could with the lights before then
OF We honor them for faithfully perform
Sc ing a most unpleasant duty as the
saw 1t.
But this we do say without qualif
cation 1t was not within the powe
% Of human judges and human lawyer
and human jurymen to decide impal
TALLY and without fear the guilt Q
innocence Of an accused man unde
the circumstances that surrounde
this TRIAL.
;" The very atmosphere Of the coul
room wan charged WITH IN electri
current Of indignation which Hashe
' and scintillated before the very eye
Of the Jury. The courtroom an
streets were filled with an angry, d
termined crowd, ready to seize tn
defendant II the Jury had found hi
not guilty. Cheers for the prosecutin
counsel were irreprssGble in II
courtroom throughout the trial an
on the streets unseemly demonstr
lions in condemnation Of Frank wei
heard by the Judge and jury. Tt
Judge was powerless to prevent thei
outbursts in the courtroom and II
4 police were unable to control Il
crowd outside.