The Anderson daily intelligencer. [volume] (Anderson, S.C.) 1914-1915, 1914-11-21
SUPREME COURT DENIES APP
PLICATIoN FOR WRIT OF
ERROR IN FRANK CASE
ATTORNEYS GO
TO WASHINGTON
Announce Case WIN Be Tslen
Direct to the United States
Supreme Court. (
{py Associated Presa.,

~. 81 ~
ATLANTA. Ga. Nov. 2o--The state
supreme court today refused to certi-
fy writ Of error to the United STAT
cs supreme court In the case OF Leon
M. Frank. under sentence of death
here for the murder in April, 1913,
OF Many Phagan. Counsel for Frank,
when advised that their application
for the writ had been denied, {, an
nounced that the case would be ssken
direct To the United States suprme
court 4,
Later in the day, two oe Franks az.
torneys. Henry Peeples and Harry;Ai-
exaader, left for Waahingt0n to pre-
sent their application for q writ OF ,er-
ror to Justice Lamar. Should the Jub.
tice grant the application, the appeaf
would then be placed ON the supreme
courts calendar. It La said. re the writ
Is denied by Justice Lamar. FRANKS
counsel may preesnt the application
to other nlemebers OF the court si,,e
Idividually, according 70 the attorneys.
The application for the writ .of ief-
ror to take the case to the highest
tribunal In the land, was based upon
the Georgia supreme couft'a refusal
In 20 decisioR last Saturday to 1et
aside the verdict OH the ground that
Frank was absent frS4Is I'll q court
room when the verdict swaR Ennuunc-
| The state supreme courts action To-
day, marks the seventh tail lure OF le.
gal efforts to obtain o re- &;sial N
Frank or reversal of tiie verdict
asca gas sssasiissi ss,s a5tiSS.,5
Franks execution first was sot for
October 10, 1913. but this was stay
ca by appeals and motions for q new
trial. In March OF this year he vas,
re-sentenced, the date i,sine fxea for
April 12 last. Proceedings before the
State supreme court. however acted
as stay OF execution or the 6eiitence.
With the final removal or the Il case
from the State courts isjwiii be neces-
sary to re-sentence the former fac
tory superintendent the third time ard
again q date for his han gine.
In arguing the motion hascra fha
State sugreme Canst scg sAzz
aside Of the verdict, counsel for E'ranIr
declared that the "air about the co,irt
room was surcharged With mob yio.
Hence" and il was brought, ont that
the trial Judge suggested that the des
fendant be absent when the verdict
was rendered. FRANKIE attorneys hold
that counsel Tor the accused c0nsert-
cd to their clients absence, but ffat
Frank himself never gave his couserlt.
They alleged his constitutiona, rishts
has been this violated. II 10 upon this
ground that his present 'nffornaqs
hope 10 get the case before the Unit.
ed tSates supreme court.
Should this tribunal refuse to haap
the appeal, or decide IL agaifise Frafk.
his only recourse to escape ezeesittnn
1t is declared, would be ftrougf ftie
extension OF executive clefneIicv hy
the governor OF Georgia. & Y
1t was learned today that the nroa.
ecution plans TO 20 before the aissl,r- !
Tor court next Wednesday, 10 havn
Frank re-sentenced.
WASHINGTON. Nov. so- al re-.
view OF the Frank case BY the sun.
RENE court rests largely viikii Justire
Lamar, who Ii assigned 70 the cffcaik
In which Georgia is located Cust0fls
OF the Justices reQuii eg that aS,soIfca-
tons for "writs OF error must ila 1lre.
sented firts to the Justice ASSIGN Cd &,
the circuit In which the caiies egIasiii.
ates. Should Justice Lamar grant tie
witt. the case would ~ on y - IS an,
courts docket and would not ID ssaa'sa
Tor shout two years, HIlS66 1dyaIicsli :,
SHOULD. Justice LANAI. decline An e.
sue the writ he might con 5sft "a. Is,
application being presented "a g a..
entire courk-e on tha aAkzs4.zAzl..A s..e-azA
OF their own voiition make anSSilcatiio,snS
to the other iustices, q 8. .sg,s n,
u