Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-04-22
II Means of Fighting in Courts
to Save His Life Are Believed
to Have Been Exhausted by
Counsel.
DISSENT OP|N|ON
lstice Holmes Delivers State
ment of Disagreement, in
Which Justice Hughes Con-
curs-MajOrity Holds "MOb
Dominance" Claim UnsOund.

Dominance" Claim UnSOund.
Washington, April 19-The supreme
TT to-day held that the state of Georgia
d denied Leo NJ. Frank no right under
federal constitution in sentencing him
death for the murder of Mary Ihagan,
Atlanta factory girl. The court af-
hned the action of the United states
trict court for northern Georgia refus-
to release Frank on a writ of habeas
pus. Justice Pitney announced the
Mon. Justice Holmes delivered a dis
ting opinion, i'm which Justice Hughes
CURED.
his decision. it is believed here ex-
lists all means of fighting in the courts
save Franks life. His attorneys will
re, however. thirty days in which to
an application for n rehearing. At
end of that time the courts man
c will issue and apparently only the
sibility of a pardon will he between
prisoner and death.
he habeas corpus proceedings rested
the claim that the trial court had
jurisdiction over the prisoner by
son f"mob domination during the
!, and by Franks involuntary alb
&c at the time the verdict was rem
ed. It was claimed this denied him
lie process as guaranteed by the fed
constitution.
he majority of the court held that the
ings by the Supreme Court OF Geor-
that the alleged mob dominance"
bunted to nothing more than irregu-
ties, not prciudicial to Frank. should
be disturbed upon the mere asser-
# the prisoner that the facts We're
erwise than as found.
fo NJ. Franks legal fight for life has
an a place among the celebrated muir
cases of recent years. Seven times
e his conviction in August. 1918. the
YER and supreme courts Of the State
Georgia refused to grant Frank a
trial or to set aside the verdict
Ne times the sentence of death was
fed upon him and twice appeals were
e to the United states Supreme Court,
first being unsuccessful and the
nd resulting in the decision to-day
e murder of 14-year-old Mary Phagan,
actory employe, of Atlanta, Ga,
rh at first appeared to he a crime
nly local Importance, eventually de-
ped into case of nation wide inter-
This was due in large part to the
IT'S of Frank and his friends to obtain
him a new trial or annulment Of the
let. Added interest in Atlanta was
II the case because of it's having
brought into a municipal political
roversy, which involved attacks on
city's police and detective depart
is and wranglcs among factions in
city administration.
on after the trial ended, the case
e in for agitation which pread all
the country.
iry phagan was murdered April %,
on q southern holiday in observance
confederate Memorial Day. Shortly
noon of that day she was Seen to
r the pencil factory, I'm Atlanta, where
had been employed and where she
to obtain wages due her. Ter body
found next morning in the basement
he factory, with a cord tied about the
o NJ Frank. young Jew, q college
uate and married, whose home had
in Brooklyn, ~ Y. was superinten-
of the pencil factory. Three DAYS
the murder. Frank was arrested on
icion ana on May S, Frank and
o Waterman at the factory. Newt
We're held by the coroner for the
d jury's action. Lee subsequently
t..la sod Ctx+,a
ey, a negro SWEEPER at the factory.
confession to the police in which
Fccused Frank of having killed the
gan girl. and declared he had helped
Dse Of the body. Conley. who was one
he chief witnesses for the State at
lk's trial, was convicted as an ac-
Dry after the murder in February. 1914,
sentenced to one years Imprisonment
1egan his term last July.
|ank was placed on trial in su-
pr court July 2S. 1913, Judge l.. s.
presiding. Judge Roam died
fh 30, 1915. in New York. A YER
of guilty was returned August %.
being sentenced to death. In
Ftatement to the jury at the close
is trial Frank said he had seen
PhaGan in his office in the fac
few minutes before the time
State contended she was murdered;
he paid tho girl her wages and
she left his office. The theory OF
defense has been that Conley. who
about the building when the girl
red. and who had been drinking.
liked and killed the girl after she
Franks office.
October 1918, Franks ATTORNEYS
a motion for a new trial, alleging
errors in admission of testimony
conduct of the trial and also
cling that demonstrations by the
d within and outside the cosrt-
during the trial had interfered
a fair verdict Judge Roam de-
the motion and the Georgia su
e court affirmed his action Feb
II, 1914. A motion for rehear-
Of the appeal was denied by the
supreme court two weeks later.
MOTIONS FILED.
extraordinary motion for a new
and motion to set aside the
ct were filed simultaneously in
rior court April IS, 1914 Among
grounds alleged in the motion for
" trial was that of newly discov-
evidence. The motion to set
the verdict was based on the
hd that Franks constitutional
had been violated by the trial
His attorneys alleged that
had not been given a fair trial