The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-11-27
FRANK TRIAL UNFAIR
JUSTICE HOLMES
Jurid. However. Refuses Writ,
Being Bound by Georgia
Decision.
APPEAL TAKEN TOO LATE

v,silNGroN. Nov 25.-That Leo VI.
PANS. convicted OF murder and under
,utercc ur death al Atlanta. Ca. did
-.f receive fair trial ms guaranteed by
>, Constitution Of the United States IL
,lc substance Of statement made in an
formal opinion on the case prepared by
associate Justice Holmes of the United
safes supreme Court
Justice Holmes gave this opinion IN his
denial OF a petition FOR writ Of error
made by Franks counsel Unless the full
,,i. on Monday grants the writ or FIX
,.i,.ve ,lcmcncv is extended 10y the Gov
NOR nr Georgia Frank may 20 to the
.,rro,J because his counsel In the court;
below did not make q timely motion for
r.tritl
In DENYING the petition for the writ Of
ror Justice Holmes said that on the
ft.f OF the statement of facts submitted
:, him Frank had not had a fair trial aud
-1at there was n denial Of due process"
.uor.utc,d by the Constitution. But nc
declared that the supreme Court "f
Georgia had the last word on the subject
and that he could not grant the relief
tousht
Harc is the tcNt Of Justice Holiness
ou.nian:
II understand that am to assume that
&c allegations OF fact in the motion to
~ aside are true. ON those facts ! very
seriously doubt II the petitioner has had
din, process of law--uot on the ground
a. his absence when the verdict was rem
Ger,d 81 much as because Of tn" trial
taking place in the presence OF "a hostile
monstration and seemingly dangerous
,-ovd thought 10y ia" presiding Judge 10
be ready for violence un'css verdict
a. guilty WIS rendered.
81 should not feel prepared II deny
! writ OF error II did not consider thar
J was hound 10y the decision Of the SUI
IRENE Court Of Georgia that the motion
10 set aside came too late and even IL
J thought that the suggestion Of waiver
vls not enough To- meet IA" constitutional
question and the right 10 bring the ease
lire.
~ understand from the headuote and
trs opinion thH. tho case was finished
when the prey ious motion foi \ new trial
was denied 10y the SUPREME Court. and
- cases mus he ended at some time.
tha; apart from any question OF waiver
re second motion came too late. | think
an bound by this decision even II II
rsverSss a long line NJ cases and the cuuu-
-. for the petitioner were mislcd to his
do,-imcnt. whichNl do not intimate to b"
NY view OF the case.
81 have the impression thai there i Il
,ase IN which the ground that I rely pa.
20 showing want OF due process OF law.
vas rejected by the court with my dis
ss7t, but ! have not interrupted discussion
witt counsel 10 Try to find Il. If II exists"
Justice Lamar, in denying "A similar APP
r''catlon last Monday held that the high
sr court Of the STATE % Georgia had con-
,luded the case BY its opinion refusing
NV trial because the motion for such
-lief was not made in time and ON the
proper grounds
Application will he made on Monday
o tn full bench of tine supreme Court
f1r the writ II 1t IL denied. the last lega.
f,n,dv available t3r the accused Will
ave been exhausted and his attorneys
vii turn their attention to the Governor
~ Georgia and the State Board OF Par
ions IN an effort 10 nave the s"ntenc"
%. death committed to life Imprisonment.