Atlanta Georgian., 1914-02-22
Noted Detective to Make Personal
Investigation of Mary Phcgan's
Death in Hope Of Clearing Away
All Its Mysterious Elements.
Attorneys for Doomed Man Busy
Preparing for Rehearing Plea
Before State Supreme Court.
Case May Go to U. S. Tribunal.

Leo Frank. another redoubt Of de-
fense lost in his battle for life, has
set himself to cherishing the last hope
that some circumstance will occur TO
save him from the gallows. Con-
victed of the murder of Mary Pha-
gan. sentenced to be hanged. with
that sentence affirmed by the su-
preme Court, he still maintains h.s
Innocence. In. remarkable statements
that he writes in his Tower cell.
Meanwhile his friends are WORKING
staunchly, with preparations to car
ry an appeal to the United states su.
preme Court. Also, the decision Of
Detective William j. Burns to inves-
tigate all the circumstances of Mary
Phagan's death Is generally attrlb-
uted to the influence of Franks forces
although they deny it--and seems
70 indicate a desperate fight at the
last ditch.
To Fight for Rehearinq.
The sentence of death, passed bv
Judge Roam in the Superior Cont
was stayed by the anpeai to the su.
preme Court. But now that the su-
preme Court has spoken, Frank must
be resentenced. To forestali this. his
attorneys are planning to submit 10
the Supreme Court motion for a re-
hearing. This motion denied. an an
peal will be taken to the Sunrene
Court of the United States.
Franks attorneys, Luther Rosser
and Reuben Arnold, are working zeal.
ously in examination Of the details
OF the Supreme Courts decision trv-
Ing to discover a means of substan-
tating their further appeal for a new
trial 1t is understood that the dis
senting opinion of Chief Justice Fish
and Justice Beck, to the effect that
evidence of Franks relations with
women other than Mary Phagan was
inadmissible. will be used as the ba-
sis of the next legal battle.
Attorneys Dlssect Decision.
The decision of the higher court.
announced Tuesday, was marked by
a split among the members OF The
bench The majority opinion. affirm
ing the verdict of the Superior Court
was written by Justice Samuel At
kinson. and concurred In by Justices
Hill, Evans and LumplSin. Chief Jus
tice Fish and Justice Beck dissented
Two important conclusions were
voiced In the majority opinion. The
first was tha. the admission OF evi-
dence by Jim Conley and c. B. Dali
ton, to the effect that Frank was a
neral degenerate, was justihabfe. aa
tending to prove the character OF the
prisoner. The second was that judge
Roan's statement OF his personpi
doubt of Franks guilt or Innocence
was not binding, as his act in decIin-
ing to grant new trial showed he
felt reasonably certain Of Franks
guilt.
The principal basis of the dissent
ing opinion was the belief that evi-
dence of Franks iasciviousness
should not have been admitted in
connection with hts trial for the mur-
der of Mary Phagan
Franks Statement Comes.
Immediately upon the announce
ment OF the decision, it was under
stood that a statement would be
forthcoming from Frank. the first ex-
preston OF any significance from him
since the day he was on the witness
stand. The promise held good, and a
remarkable document was given out
the next day.
In it Frank repeated his profes-
sions Of innocence and declared his
belief that the truth. ultimately would
be revealed. Among his other state
ments was the following:
'T can truthfully say that there
rests no bitterness or recrimination
in my heart against those who. with
the authority of the law behind them,
have enmeshed me. an innocent man.
l. ~