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


ence. the prisoner still is under SEN
ence, the date simply remaining in
iehnlte 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-
Nict sentenced to the punishment of
death shall not have been executed
pursuant to such sentence, and tho
same shall stand n 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 the judge,
II no legal reason rests against
the execution Of the sentence. he
shall sign and issue a warrant TO the
Sheriff of the proper county. ~'m-
manding him to do execution Of such
sentence at such time and place as
shall be appointed therein. winch the
Sheriff shall do accordingly"
Resentence Early Next Week.
The remittitur from the supreme
Court was expected 70 be filed with
the Superior Court Friday afternoon.
Solicitor Dorsey early next week viii
ask Judge Hin to set the date fo-
Franks execution.
That the execution win not be car
ried out at once is made certain by
the preparations Of the defense for
the filing of an extraordinary motion
for a new trial This may be sub
mitted to Judge Hin before sentence
is imposed.
If this is done. it will 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:
"To the Public.
The editorial IN yesterdays Con
stitution referring TO the trial Of
Becker of necessity compcls n 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
25. was occasioned by the conduct of
the court. less potent by far than the
overwhelming influence of the clam
oring mob that surrounded the
jury during the trial OF my husband,
or the hcurlY extras scattered through
the courtroom, proclaiming as truth
every false rumor concerning my hus-
band. or the frequent outbursts Of the
crowds during the course Of the trial,
all clearly indicating to the jury the
temper Of the crowd
In the case Of Becker the Court
Of Appeals of New York declined to
sustain the conviction on the testl-
gstzara. sff,a Ie /,
of my husband he only testimony
connecting him with the crime was
that OF the negro Conley, a many
times convicted criminal and more
often self-coufessed liar whose tes-
timony as finally produced in the
courthouse was testified by those re-
sponsibe for it to be a tale made 10
fit the case.
Appeals to States Honor.
shall II be said that the people
Of Georgia are less willing to accord
fair play than are the people Of New
York, as indicated bv the decisions
of its court2 or is It 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-
eeive the just condemnation of all
civilized States2
Il fear that there is some misap-
prehension 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 thu
Supreme Court has merely passed on
the questions of law involved, as to
whether errors were committed iH 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 a new trial, be-
lieved that my husband did not have
fair trial. no man can doubt
Questions the Motive.
ITO what potent influence shall
then be ascribed such refusal? Can
it be Snything but the deep seated.
all I-pervadinS, insistent demand that
a victim he 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 reward?
THE prominence given to the story
Of the Formby woman caused many
good people 10 be satisfied of my
husbands quit. The detectives point
cd to It a absolute proof The inhu-
ence of this story upon the public,
ard its aid in creating the unfavor-
able atmosphere can not be con-
ceived the unlawful arrest of my
COOK Minola Mcknight, and the afli-
. davit which she was forced to give
under such crying circumstances, and
which, as soon as she was released
from priscnmert. she promptly re-
puliated. was another morsel offered
TO the public to fortifv and strength
en- The charga neaImsI my husband.