The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-05-07
ANOTHER REVERSE
FOR LEO NJ. FRANK
Judge Hill Denies Pleas of
Alleged Murderer for
New Trial.
SUPREME COURT LAST HOPE
Bill of Exceptions on Which
Case May Be Appealed
Will Be Granted.
SUPREME COURT LAST HOPE

Atlanta, Ga, May e.-Denial OF the
defcnse's plea for new trial FOR Leo
VI. Frank. tho factory superintendent
under sentence of death for the murder
OF fourtccn-y year old Mary Phagan. was
,nadc here to-day by Benjamin IL. Hill,
Judge OF tho Superior Court.
The courts action WAS taken imme
ately after tho conclusion of arguments
by attorneys for the defense. which
followed the completion OF evidence in
troduccd by the defense and tho State.
Judge Hill indicated that he did not
care to hear arguments from the
stat c'j counsel
News OF the latest reverse was taken
nIn cdlately TO Frank. who Is confined
In the county Jail awaiting final action
i'll his case, which has been In the
courts continually for more than year.
His wife was with him at tho time.
II had expected that action" said the
factory superintendent. II have moth
ing to say now. but may later
No written opinion was made by
Judge Hill In delivering his decision.
He announced, however. that no would
grant bill OF exceptions to the de-
Tense by which the case may be taken
to the State Supreme Court and that
he would then prepare written
opinion.
COUNSEL. IN CONFERENCE
TODAY TO CONSIDER CASE
Counsel for the defense ana the state
plan a conference tomorrow with the
court Mt which details OF the Judges
ccrtifcation ana the granting OF the
bill OF exceptions for al appeal will se
considered.
NO formal announcement regarding
the appeal was forthcoming from tho
defendants counsel tonight. 1t was
not known whether it would be de-
iayed until after a decision is obtain
Tlar
asks the annulment OF the verdict on
account of the absence of Frank from
the courtroom when ii was returned.
Hearing on the annulmcnt motion
was set for Saturday by Judge Hill to-
day. The defense alleges that the re-
turning OF the verdict against Frank
while he was absent from the court
room violated the constitutional rights
OF the defendant.
Absence OF the defendant was
agreed to by two members OF Franks
counsel, and was suggested by l.. S.
Roan, the presiding Judge at the trial
II was feared by the judge that physi-
cal violence might be inflicted on
Frank by persons in the audience in
ease verdict of acquittal was re-
turned. The annulmcnt motion was
filed by lawyers having no connection
with the agreement.
The extraordinary motion for a new
the claim of newly discovered evil
dence. and criticized methods used by
persons connected with the prcpara-
tion of the case for the State Many
of the aiidavits presented reflected on
James Conley, tho negro factory
sweeper, who was convicted as an ac-
cessory after the murder
IMPROPER MEANS CHARGED
BY STATE IN IT'S SHOWING
In It's counter showing. the State
introduced sworn statements repudiat-
Ing many OF the affidavits, and charged
that Improper means. including bribe
offers, had been used in obtaining the
rcputed new evidence. Forgery was
charged in some Instances
To-day WAS the third time that a
new trial has been denied Frank. 4
previous appeal was refused in both
the Superior Court and In the State
Supreme Court. Information was then
gathered for tho extraordinary motion,
which was denied to-day
Frank has twice been sentenced to
hang, tho execution In each instance
being stayed by motions for new
trial. He was convicted by the jury
on the first ballot. August H. 1913, and
sentenced TO be hanged on October 10.
When final denial OF the first motion
for new trial was made by the stats
Supreme Court, his execution again
was sot for April II. 1914.
on April 16 the extraordinary mo-
tion for new trial was filed, auto
matically staying his execution. AT
the same time the motion for an an
nulment of the verdict was filed In
case both motions are finally lost bv
the defense. new date for the exc
cution will be set.
The body of the factory girl was
found In the basement OF the National
Pencil Company here on the morning
of April 21, 1913. She had been struck
over the head and afterward stransled.
Frank had charge of the pencil fac
tory,