Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1914-11-27
JUSTICE HOLMES DOUBTS
%IF|:..!ERAAk HADFA|R TRIAL
He Renders Informal Opinion. Point.
Ing, Out Where There Was Not
Due Course OF Law.
WHIT OF ERROR is REFUSED
Feels That He Is Bound by Decision
OF Supreme Court OF Georgia That
Motion to Set Aside Came Too
Late.

WASHINGTON. November 26-An-
houncement was made by counsel for
Leo NJ. Frank. the Atlanta, Ca. fac
'orS superintendent, convicted Of the
murder OF Mary Phagan, that Justice
Holmes had refused to Issue writ of
error for the Supreme Court to review
the case. At the same time Justice
Holmes rendered an informal opinion.
according to one Of Franks attorneys.
IN which lie stated he had very seri-
GUS doubtssif Frank had had n fair
trial. becauseSof the trial taking place
In the presence OF q hostile demonstra-
tion and seemingly dangerous crowd
Application will. be made to the en-
tire court on Monday for the writ
INFORMAL STATEMENT
OF JUSTICE HOLMES
The informal statement by Justice
Holmes follows:
~ understand that I am to assume
ton to set aside are true On; those
facts very seriously doubt II the
petitioner has had due process of law
not on the ground of his absence
@nen the verdict was rendered SO
much as because of the trial taking
placejin the presence OF a hostile dem.
ohstratton and seemingly dangerous
crowd. thought by the presiding Judge
70 pc ready for violence unless YER
dict OF guilty was rendered I should
not feel prepared to deny a writ OF
error III did not consider that I was
pound by the decision OF the Supreme
court or Georgia that the motion to
set aside came too late, and even II 7
thought that tho suggestion OF waiver
was not enough to meet the constitu-
uonai question and tho right to bring
the case here. understand from the
4 nead note and the opinion that the
ErtI,4
motion Tor new trial was denied by
inc supreme Court, and. as cases must
pcsended at some time, that apart from
any any question of waiver. the second mo-
tlon came too late. think am
bound by this decision, even IL 81 re-
verses long line OF cases. and tho
counsel for the petitioner were misled
TO mis- detriment, which 1 do not init
mate, ma 10 be my view of the case. have
tho Impression that there Is a case IN
which the ground that rely on as
showing want of due process OF In W
was rejected by the court with nv
dissent: but have not interrupted
discussion with counsel to try TO md
II, if II. exists"
Attorney Henry Alexander. repre-.
senting Frank. to-day made public
the opinion announced by Justice La
mar In denying tho writ last Mon
uay. In this opinion Justice Lamar
rcferredSto the decision of the Georgia
supreme Court TO tho effect that a
defendant. having elected 10 make a
motion Tor new trial and Judgment
denying the same having been affirmed
ny the Supreme Court, could 81 there
after make a motion to set aside the
verdict on the ground that he had been
absent from the courtroom when the
verdict was rendered
POINTS SCORED ny STATE
ARE APPLAUDED NY CROWD
In the motion to set aside. 1t was
stated. that several times during the
trial the crowd. both inside and out
side the courtroom, applauded when
the State scored point. those on the
outside shouting and hurrahing Also
that. on the last day OF the trial, a
largo and boisterous crowd Of several
hundred pcrsous gathered around the
courthouse and carried the solicitor
general on their shoulders across the
street. II was stated that this crowd
did not dispense while the jury dclib-
Grated. but continued It's demonstra-
lions. all having an effect upon the
minds OF the jury. II was set forth
hatSthe jury WAS intimidatcd by the
trial Judge. comforting with the Chief
OF Police of Atlanta and the colonel
OF the Firth Georgia Regiment I'm At
lanta in open court In the presence
OF the jury. and that the demonstra-
defendant and his counsel to absent
themselves from the courtroom when
the verdict was received in open
court. II added that on Saturday. Au-
gust %, 1913, the entire press ap-
pcaled to the trial court to adjourn
court that day until Monday owing
toathe great public excitement, aid
,hatWon Monday, when the court met
again, the excitement had not sub
sided .U