Daily capital journal. (Salem, Oregon) 1903-1919, 1915-04-19
LEO FRANK MUST HANG
FOR MURDER OF GIRL
U. S. Supreme Court Denies Appeal
For New Trial On Habeas Corpus
Petition--Case Stirs Country.

Washington, April 19.-- Leo NJ.
Frank must hang for the murder Of
Little Mary Phagan Of Atlanta, Ca,
unless executive clemency is extended.
The United. States supreme court today
denied the appeal Of Frank for new
trial.
The fight through the state courts
of Georgia and on to the highest tri-
bunal in the land in an effort to save
Franks life has held the attention of
the entire country. His appeal was
based ON the ground that the rendering
Of the verdict in which he was found
guilty was illegal inasmuch as Frank
was not in the courtroom when the
jury reported. 1t was also claimed that
the trial was marked by the greatest
disorder, and that Frank was not given
fair dealing because of the sentiment
which was kept stirred against him
from the time of his arrest.
The decision of the supreme court
today was upon a writ Of habeas corpus,
through which new trial was sought
Mary Phagan, IA year old factory
girl, was found murdered April ", 1913,
in the National Pencil factory at At
lanta. James Conley, negro, was
arrested but later accused Frank Of
the murder and on May "A Frank was
indicated on Conley's evidence.
Justice Pitney read the decision Of
the court, which held that the plea
that Franks rights had been violated
because he was not present when the
Jury returned its verdict was lost be-
cause the objection was not raised i'm.
mediately before the trial court
Frank g petition shows that, having
been formally indicted for murder, he
was placed on trial before court of
competent jurisdiction, had public
trial which was deliberately held, had
the benefit of counsel and was found
guilty and sentenced pursuant to the
laws Of the state.
"it was twice moved before the
trial court TO grant a new trial and
once to set aside the verdict II has
been heard three times before the court
of last resort in Georgia, and in every
instance has met with adverse action
and the action Of the trial court has
been affirmed. His allegations that
hostile public sentiment aud disorder
in and about the courtroom having i'm
properly influenced the trial court and
the jury against him have been rejected
because this was found untrue in point
of fact upon evidence presumably jus.
tifyng that finding and which he has
not produced in the present proceeding
"The contention that the defend
ants lawful rights were infringed be.
cause he was not permitted TO be pres
ent when the jury rendered its verdict
has been set aside because It was
waived by his failure 10 raise the obiec
tion IN due season when fully eognizant
Of. the facts.
"ln all these proceedings the state,
through the courts. has retained iuris.
diction oyer the defendant and has
accorded him the fullest right and op'l
portunity TO be heard according to es.
tablishcd modes Of procedure, and now
holds him IN custody 10 pay the pen
atty for the crime OF which he has been
adiulged guilty"
Frank Is Unmoved
Atlanta, Ca. April lg.-Leo NJ.
Frank appeared unmoyed when in.
formed today that the United States
supreme court had refused him new