The Birmingham age-herald., 1914-12-18
FRANKS ATTORNEYS
 MAKE NEW EFFORT ID SAVE HIS LIFE
File Petition for Writ of Habeas Corpus Asking His Release-New
 Appeal Ready

Atlanta. December l7.-Attornes s | for Leo NJ. Frank. under sentence to die January 22 for the murder here i'm
 April. 1913. of Mary Phagan, late to-
 day filed with the clerk of the United States district court. n petition for a writ of habeas corpus. asking the re-
 lease of Frank.
 The petition alleges that Frank constitutional rights were violated and that he was convicted without due pro- cess of law. in that he was not pres
 ent in court when the verdict of guii- ty was returned. It is further alleged that Frank was not given a fair and impartial trail and that the courts, by the alleged denial of his constitution al rights, lost Jurisdiction in his case
 prior to the rendering of the verdict ! and the passing of sentence. Franks attorneys appeared before Federal Judge W. T. Newman today to present the petition. Because So- licitor General Hugh NJ. Dorsey was
 unable to be present, Judge Newman stated to Franks attorneys that he would take no action on the matter at this time. but would hear the pe- tition next Saturday.
 Have Another Appeal Franks attorneys claim that if Judge Newman should denv the writ 1 Frank could appeal to the United
 States supreme court and that the state would have similar recourse if
 the writ were granted. The petition recites that "boisterous crowd" sur
 rounded the courthouse during Franks trial and that whenever the state scored a point the crowd out side "cheered and shouted while those in the courtroom applauded in man. ner audible both to the court and the jury"
 "The excitement within and without the courtroom on August 23, 1913." the petition adds, was so apparent as to cause apprehension in the mind of the court whether the trial could be safe l ly continued that day, and before de- ciding upon an adjournment the pre- siding judge, L. s. Roan, while upon l the bench and in the presence of the jury, conferred with the chief of police l of Atlanta and the colonel of the Fifth Georgia regiment"
 1 On the last day of the trial, the pe- l tition charges, the trial judge con | ferred with two of Franks lawyers and referred to the probable danger of violence that Frank and his attor- | neys would incur if they were present 1 when a verdict was rendered, should l it be for acquittal or disagreement. 1 ''rhe judge then requested Frank s
 counsel to agree that Frank need not | be present when the verdict was rem dered and the jury polled." the petition recites.
 Knew Nothing of Agreement | It Is claimed that Frank knew noth- l ing of this agreement: that he did not consent to being absent. and did not waive his right to be present when l the verdict was announced. During the 1 polling of the Jury, the petition all l leges, the demonstrations by the crowd within and without the courtroom were so loud that the responses of the jurors were heard with difficulty I0 l feet away.
 1 The allegations summed up recite 1 that: The reception of the verdict In | Franks absence tended to deprive | him of life and liberty without due process of law; that his involuntary absence deprived him of the opportu- nity to be heard and to be brought face
 to face with the jury; that neither Frank nor his counsel could legally waive his right to be present when the verdict was returned; that the trial l did not proceed in accordance with the
 | orderly processes of law essential 10 a
 1 fair and impartial trial because dom- i mated by a mob hostile to the defend
 ant, and whose conduct intimidated the
 court and jury and unduly influenced
 them.''