Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1914-11-21
STILL ANOTHER DEFEAT
| INF|GHT AGAINST DEATH
Leo NJ. Frank One Step Nearer Exc
| ,cution AS Penalty for Murder
| of Mary. Phagan.
WRIT OF ERROR is REFUsEI
His Attorneys Announce 1ntention to
Take Case to Supreme Court, and
Application 3W'fll BE Made Direct
to Justice Lamar.

ATLANTA, GA, November o0-The
State Supreme Court to-day refused to
certify to the United States Supreme
Court writ OF error In the case OF
Leo NJ. Frank. under sentence Of death
here for the murder In April, 1918. of
! Mary Phagan. Counsel for Frank, af-
ter to-day's decision, announced that
the case would be taken direct to the
United States, supreme Court
The application for writ Of error
to take the case to the highest trib-
unal In the land was based upon tho
Georgia supreme Courts refusal in its
decision last Saturday to set aside the
verdict on the ground that Frank was
| absent from the courtroom when the
verdict was announced.
FRANKS attorneys stated to-day that
they would take steps Rs soon as pos
stbie to get the case before the United
States Supreme Court They said one
. . method of procedure to accomplish
|, this object would be to make appIica-
tion direct TO an individual Justice OF
the Supreme Court. most likely Asso-
ciate Justice Lamar. to certify, the writ
of error to the highest court The at :
torneys said they have not considered
/, an attempt to get the case before the
supreme Court on n habens corpus PRO
ceeding.
1t was learned to-day that the prose-
cution plans to go before tho Superior
Court next Wednesday to have Frank
resentenccd.
Two Of FRANKS attorneys, Henry
Peoples and Harry Alexander, left At
lanta to-day for Washington to. pre-
sent their application for q writ Of
error IN behalf OF Frank to Justice
Lamar,
II IS SEVENTH FAILURE
OF LEGAL EFFORTS
The State Supreme Courts action to-
day marks the seventh failure OF legal
Efforts TO obtain q retrial for Frank or
a reversal of the verdict. which was
returned August 90, 1913. Franks
execution was first set for October TO-
1913. but this was stayed by appeals
and motions for Il new trial. In March
Of this year he was resentenced to he
hanged. the date being liked for April
IL last. Proceedings before the State
supreme Court, however, acted as n
stay OF execution OF the sentence 1t
VIII now be necessary to sentence the
former factory superintendent the
third time. and again fly a date for his
execution.
In arguing the motion before tho
state Supreme Court for the setting
aside OF the verdict, counsel for Frank
declared that at tho trial the .'air
about the courtroom was surcharged
with mob violence" 1t was brought
out that the trial Judge suggested that
the defendant he absent when tho YER
diet was rendered. Franks attorneys
admitted counsel for the accused CON
scnted To their clients absence but
held that Frank himself never gave
his consent They allege his consti-
tuti0nal rights had thus been violated.
1t IS upon this ground that his present
attorneys hope to get the case before
the United states Supreme Court.
Should this tribunal refuse to hear
the appeal o. decide II against Frank
his only recourse to escape execution,
1t is declared, would be through the
extension of executive clemency by
the Governor OF Georgia