Atlanta Georgian., 1914-02-27
Continued From Page I.


tence, the prisoner still is under SEN
tence, the date simply remaining in
definite until the prisoner again is
brought before the trial judge or his
successor.
The Georgia Code says on the sub
ject:
Whenever for any reason any CON
vict sentenced To the punishment Of
death shall not have been executed
pursuant to such sentence, and tho
same shall stand in full force. the
presiding judge of the Superior Court
where the conviction was had, on the
application of the Solicitor General
Of the circuit. or other person prose-
cutting for the State, shall Issue a
habeas corpus to bring such convict
before him. and upon the con-
Wet being brought before tho judge,
If no legal reason rests against
the execution OF the sentence, he
shall sign and issue a warrant TO the
Sheriff of the proper county. cGm-
handing him to do execution OF such
sentence at such time and place as
shall be appointed therein. which the
Sheriff shall do accordingly"
Resentence Early Next Week.
The remittitur from the supreme
Court was expected to be filed with
'he Superior Court Friday afternoon.
Solicitor Dorsey early next week will
ask Judge Hin to set the date for
Franks execution.
That the execution will not be car
ried out at once is made certain by
The preparations of the defense for
the filing of an extraordinary motion
Tor new trial. This may be sub
mitted to Judge Hill before sentence
is imposed.
If this is done, it viii delay at
least temporarily the resentencing
II the motion is granted. the date for
the new trial probably viii be set
for several months ahead.
Wife Discusses Case.
Here Is Mrs. Franks statement:
ITO the Public:
The editorial in an Atlanta paper
yesterday referring to the trial Of
Becker of necessity compels a par
allel between this case and that of my
husband. In that of Becker the at
mosphere surrounding the trial. which
was denounced by the Court of APP
peals of New York as fully set forth
In The New York Times of February
%. WAS occasioned by the conduct of
The court less potent by far than the
overwhelming influence Of the clam
oFing mob that surrounded the
jury during the trial of my husband,
or the hourly extras scattered through
he courtroom. proclaiming as truth
every false rumor concerning my hus-
band. or the frequent outbursts of the
crowds during the course of the trial,
al clearly indicating to the jury the
temper of the crowd.
In the case of Becker the Court
% Appeals of New York declined to
sustain the conviction on the testi-
mony Of criminals, while in the case
Of my husband the only Testimony
connecting him with the crime was
that of the negro Conley. a many
times convicted criminal and a more
often self-confessed liar, whose tes-
timony as finally produced in the
courthouse was testified by those re-
sponsibe for 1t to be a tale made TO
III the case,
Appeals to States Honor.
Shall 1t be said that the people
Of Georgia are less willing to accord
fair play than are the people of New
York, as indicated by the decisions
of its court? or Is 1t unfair to say
that the people of Russia. In the trial
of Bells, are more disposed toward
principles of fair dealing? Or shall
the people of this State content them
selves to be on a parity with the
methods of the Mexican Villa, and re-
cefve the just condemnation of all
Civilized StateSF
Il fear that there is some misap-
prehenslon created by the divided
opinion of the Supreme Court / un-
derstand that some misguided people
believe and feel that by reason of
this decision the Supreme Court of
this State has set its approval on the
findings of the jury, but | am advised
that this is not the fact. That the
Supreme Court has merely passed on
a.. fVanF tgn
whether errors were committed i'm the
introduction of testimony or the rul-
ing of the trial court The decision
of the trial court in refusing to grant
a new trial was based upon whether a
fair trial had been granted, and as to
whether or not the jurors were inn
partial were matters with which the
Supreme Court would not interfere.
That the trial judge, Notwithstanding
his refusal to grant new trial, be-
lieved that my husband did not have
a fair trial, no man can doubt.
Questions the Motive.
ITO what potent influence shall
then be sscribed such refusal? Can
il be anything but the deep seated,
all perVading, insistent demand that
victim be offered? And was not
this demand created and nurtured by
the false statements fed TO the public
Immediately following the murder by
interested detectives and seekers aft
er reward2
"The prominence given 10 the story
Of the Formby woman caused many
good people to be satisfied OF my
husbands guilt. The detectives point
ed to IL as absolute proof The influ
ence of this story upon the public,
and its aid in creating the unfavor-
able atmos phere can not be con-
ceived: the unlawful arrest of my
cook, Minola Mcknight. and the ALL
davit which she was forced to give
under such trying circumstances, and
which, as soon as she was released
from Imprisonment. she promptly re
pudiated. was another morsel offered
10 the public to fortify and strength
en- the charge against my husband.
and afterward used on the trial OF