The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1914-12-16

In previous comments on this case.
the cruz OF the whole matter Is the
rank injustice that has been dealt out
TO this man in the name OF the law.
Says Mr.. Connolly: Il am not con.
eerned so much for the fate of Frank,
though that appeals strongly TO me.
as am for the fate of a legal system
which in cold blood DEGREES the death
OF an innocent man. and thereby in
diets our entire civilization: for the
truth will ultimately prevail. I am
concerned for three or four pillars OF
our civilization which In the Frank
case have completely collapsed. one
single act OF injustice may suffice for
whole nation to be stricken with
moral atrophy."
In appealing to reasonable. fair,
minded people II would seem there
could be no question in their minds
as TO the unfsirness of Mr.. Franks
trial. To their judgment we leave
the matter after they have read the
following account of the concluding
incidents in that legal tragedy. as re
cited by Mr.. Connolly:
While Franks trial was pending
and Just before the jury retired for
elaboration. Judge l.. :. Roam. who
presided. held consultation on the
bench. and In the presence OF the
Jury. with the Chief OF Police OF
Auanta. and with the Colonel OF
the Firth Georgia Regiment. 20 de-
eide on the best means OF Protect
ing Frank In case OF his acduittal
was kept under arms throughout
the night Before delivering his
charge to the jury. Judge Roam also
room and advised that neither
Frank nor his counsel be present
when the verdict of the jury was
rendered. for fear that " Frank
were acquitted the mob would hang
both him and his lawyers. While
the prosecuting attorney was max
Ing his concluding argument in the
case. the newspaper editors OF At
lantR Joined In n petition to the pro-
siding Judge to adjourn the case
over day. because" as the Atlanta
journal" said. 1T was known that
verdict of acauittal would cause
country and cause Atlanta's streets
To run with innocent blood" II
was common street talk that II the
Jury discharged Frank. or dared to
hand before Frank could reach
his home or the Jail Innocent or
was a remark frequently heard in
the crowd around the courthouse on
the day OF the verdict. The mob
very face OF the judge and jury.
Neither Frank nor his lawyers
were present In court at the mo-
Saxon justice. e. considered the SUI
preme moment or his trial. when
the twelve Jurors look the defend
ant in the face and condemn him
To death or set him free. All We're
bringing before the mob. When the
jury brought In their verdict and as
the Judge was polling them In a
room from which the audience had
been excluded. the cheers from the
crowd surrounding the courthouse
were 80 deafening that the Judge
ten feet away. heard with difficulty
the responses OF the Jurors These
things are not the hearsay OF ir-
ted facts as set forth in the appel
late records over the sign manual
H fb. 'ne v 5rlai '9ags, As they caught
stretching away on all sides. sent
up. roar that. without eNaggera-
ton. resembled the below Of the
tungles. on the previous trial dav.
as these terrifying bays swept over
the crowd In rereating waves out
room. shrank each time in terror
behind her escort. her face white as
death.
Franks lawyers failed TO raise
the question OF his absence at the
time OF the rendition of the verdict.
Ihey did this at Franks request
That question faVOrably decided
would have released him to liberty
without further parley or proceed
ings' Frank wanted a new. trial
much Of his honor as OF his life
BESIDES. his lawyers-and they were
able ones-assured him this eonsti-
any time. They based this opinion
on the decision OF their courts for
NIFTY years. But. alas for Frank
the Supreme Court OF Georgia de.
cided differently In his case.