The Sentinel=record., 1915-02-26
SUPREME COURT
 HEARS FRANK CASE
DEFENDANTS ATTORNEYS AR CUE GEORGIA COURT HAS
 LOST JURISDICTION.
Much Interest is Displayed by Several of the Judges at the Points Raised by Franks Attorney.

Washington, Fob 25. - On the ground that the trial court which sen tenced Leo M Frank to die for the murder of Mary Pagan. the Al anta. Ga" factory girl, had lost it's mrisdic ton over the prisoner because of mo- violence tolerated during the tria! and the consequent absence of the prisoner from court when the verdict was rendered. attorneys for Frank to- day argued before tho supreme court that their client should he freed from custody.
 Louis Marshall Of New York began the opening argument and will con- tilue it tomorrow when the repre- sentatipes of Georgia will be heard also. The court is considering an an, peal from the refusal of the fedora district cont Of Georgia to interfere in the case
 Mr MarshalIs statement that Judge Roan of the trial coart "coerceI" Frank into being absent when tho verdict was rendered was questioned by Chief Justice White Ihe attorney insisted however, that the suggestion by the judge that Franks fife an limb and those Of his ounsel might be il danger if they attended, amounted to coercion He argued that the right of the accused 10 he present could not be denied
 We have held that a court may abolish a trial by jury, and | do not see why a state may not abolish one of the incidents 10 a jury tr.al,' ia-. terrupted Justice Pimey The deci sons .ou cite refer to federal cases
 NIT. Marshal roF'ied that f. Was a question ot due process of law, anI while the fif,h amendment to the con stitution guaranteed due process il federal cases the guaranty of due process in state cases in the four teenth amendment was the anne in effect.
 When the point of mob violence was taken up Justice Holmes re marked, T am free to confess that point is one that impresses me very much"
 This court has said that there must be a trial before competent tribunal" began Mir. Marshall. "A competent tribunal is oAe that holds tho scales Of justice impartially that is not swayed by fear or favor. Here the trial was marked by prejudice and hostility. There jeers at counse for Frank were permitted when they lost point.
 "The crowd almost tresrassel upon the jury box. hanging over the jury box, and their whispers were heard throughout the courtroom. Applauee greeted the solicitor general wien he appeared at the seat of justice and then the judge held a conference ir the presence of the jury with the chief of police and a commanding officer of the state militia.
 That was a demonstration. tha probably has no parallel in the his tory of trials. Finally the court asked counsel to meet him in private conference and then uNon the insist elce of the court tlat ihe prisoner might be torn from the sanctuary Of the court and lynched by a mob fl he was present when the verdict was re- turned, counsel consented to his being abseat. The jury was left to return it's verdict to the prosecuting officer and the mob. They knew what that meant"
 Justice Pitney inquired if the state supreme court had not passed upor all these facts. whereunon Justice Holmes asked if MT Marshall did not mean that if these were the facts it did not matter if twenty courts had passed upon them. The attoraey sic nified his aeauiescence.