Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1914-11-15
SUPREME COURT REFUSES
new TRIAL TO LEO FRANK
Action OF State Tribunal Means His
Only Appeal Now Is to United
Is States Supreme Court.
THIS WILL BE TAKEN AT ONCE
Atlanta Man, Convicted OF Murder OF
Fourteen-Year-Old Mary Phagau,
Was Sentenced to Death, but Exc
cution Stayed Pending Appeals.

ALBANIA, IA., NONcUlpcT lf.--lnc
State Supreme Court to-day refused
new trial to Leo NJ. Frank, convict
ed hero on August IS. 1913, for the
murder OF Mary Phagan. Franks mo-
tton for a rehcaring was based on tho
ground that his constitutional rights
had been violated by reason Of his
absence from the courtroom when tho
jury returned its verdict.
BY sustaining the States demurrer
to the Frank motion to set aside the
verdict OF the lower court, the SUI
preme Courts ruling means that
Franks only appeal now is to the SUI
preme Court of the United States.
In their arguments, counsel for the
accused alleged that while the jury
was celebrating, 1.-THE air about the
courtroom was surcharged with mob
violence" and that the trial Judge had
suggested Frank be absent when the
verdict was rendered The State ar
gued that the prisoners attorneys as
senteo to his absence.
Previous to to-day's decision Judrc
Benjamin II. Hill, of the Fulton County
Superior Court, had twice refused to
grant Frank new trials. and also had
sustained the States demurrer to tho
annulment motion. Appeals to the
states highest court now have re-
suited In the lower courts decisions
CONCURRED IN ny -FOUR
OF THE FIVE JUDGES
To-day's decision was concurred in
by four Of the five Supreme Court JUS
tees. The opinion, which was written
by Associate Justice Warner Hill, held
that the annulment motion could. and
should, have been made in a previous
appeal for n new trial.
Frank, confined In the Tower here,
of hic Int act
with calmness: We'll, ! had expected
the court to be with me this time"
was his only comment.
The prisoner was writing 4 letter
when the news was brought to him.
He listened to the announcement with
out stopping his work. and In Il few
minutes completed the letter and guvo
it to u friend who was visiting him
to mall.
Commenting on the right OF counsel
to waive the presence of Frank In the
courtroom, tho courts opinion said:
who was better prepared to pro-
tect the interests OF tho defendant,
trained and expert counsel or the de-
PENDANT himself? True, he had tho
right to conduct the trial In person. II
he SO desired, but the defendant had
committed his case to tho able and eS-
perienced counsel, who, tn the exercise
. OF their relation as attorney for the
and, having made the waiver. and de-
PENDANT by his conduct having ac-
auiesced in II, he should be bound by
1t.
cit would be trning with the court
to allow one who has been convicted
OF Il crime. ind who has made a mo-
htion for n new trial on over 100
grounds. including the statement that
his counsel had waived his presence
at the reception of the verdict, and
have the motion heard by both the
Superior and Supreme Courts, and
after a denial by both courts OF the
motion to set aside the verdict, in
clude matters which were, or ought
TO have been, included in the motion
for q new trial"
Tho State Supreme Court Will have
to certify writ Of error in order to
allow the case to be taken TO the Fed
cral Supreme Court through the reg
ular channels. If deemed advisable
the court has the right to refuse. No
intimu ton has come from the court
as to what course it will pursue.
LAWYERS INTERESTED
NJ IN COURTS OPINION
Lawyers. however. were much inter
ested in the following paragraph OF
the courts opinion:
I'VE know Of no provision in the
Constitution Of the United States or
of this State, nor OF any statute. which
gives to an accused person n right TO
disregard the rules Of procedure in n
State. which afford him due process
OF law. and demand that he shall move
in his own way and be granted nbso-
lutte freedom because OF an Irregular
.ity df there is one) in receiving the
verdict. IF an accused person could
make some of his points OF attack OH
the verdict. and reserve other points
known to him, which he could then
lave made, to be used as grounds for
further attacks on the verdict. there
would be practically no end to a GRIM
inai case"
Attorneys for Frank tonight de-
clined to discuss what course would DO
followed should tho State Supreme
Court refuse to certify writ OF error.
IT wac reported, however, that, should
the court take such action. the de-
PENDANTS counsel were considering ac-
ton TO obtain writ OF habeas corpus
in the Federal District Court, and OH
this writ attempt to take the case to
tho Supreme Court of the United States.
The dead body of Mary Phagan was
found April 81. 1913, in the basement of
IL pencil factory in which she was en-