The Anderson daily intelligencer. [volume] (Anderson, S.C.) 1914-1915, 1915-04-20
FRANKS LAST HOPE.
RESTS IN CLEmENCY
ONLY PARDON FROM STATE
OFFICIALS CAN SAVE HIS
LIFE
HIGHEST COURT
DENIES HIM WRIT
Seven Justices Concur In Opinion
That He Had Fair Trial In
Georgia Court.

c-----1+-~a~
WASHINGTON, April 1s.-The SUI
preme court held that the State of
Georgia denied>L Leo NJ: Frank no right
under the federal constitution in SEN
fencing him to death for the murder
OF Mary Phagan. The court affirmed
the action of the federal court of the
northern district OF Georgia, which
refused TO release Frank on a writ of
habeas corpus. Justice Pitney an
IGilnced the decision. Justice Holmes
delivered dissenting opinion in
which Justice Hughes concurred.
1t Is believed here the decision ex-
hausts all means of court fighting to
save Franks life, His attorneys will
have thirty days in which to file ap-
plication for a reheariug. Thereafter
the prisoners only hope, apparently.
is the possibility OF executice Glenn
ency.
A majority of the court held the
finding by the Georgia supreme court
that alleged mob dominance,
amounted to nothing more than ire
gularities werS not prejudicial to
Frank, and should not be disturbed
upon the prisoners mere assertion
that the facts were otherwise than
found. The dissenting justice held
that the case should be sent back to
the district court for the taking of
evidence on the petition They said
they weren't impressed with the argu-
ment that the prisoners presence
when the verdict was rendered by the
constitution. Justice Holmes de-
ciared that loss OF 4jurisdictionsb sby trial
soetiEt eOai9s net ID fest tpretl ~ any
decision of higher court and de-.
clined to accept the findings OF the
Georgia court es eoaclasive. He,
said IL the allegations In Franks pe-
tition for habeas corpus were true,
ald the facts were before the Georgia
court, that court sanctioned the sit
us ton upon which the federal court
sh ould act. If the facts were not be-
fore the Georgia supreme court, he
added it was the duty OF the officials
OF the Court to declare lynch OF as
little value when practiced by a reg
ularly dra%n Jury, as when admin-
istered by one elected by mob intent
on DEATH
WASHuNG'TON.s April Gothic
United States supreme court today,
denied the application of Leo NJ.
Frank sentence OF death for the
murder of Mary Phagan. an Atlanta
factory girl, for d write OF habeas
corpus. The Georgia federal court
previously had denied an application
TO the same end. ~
AS result OF the decision 1t is be-
heyed by the legal authorities here,
that only q pardon by the state on !.
cials of Georgia now can save
Frank from being hanged Seven.
members OF the court coneurred in
the decision which was read by JUS
tice Pitney. Two dissented. Justice
Holmes, read the dissenting opinion.
franks petition for b writ OF lia-
beas CORPUS rested ,on the allegations
OF disorder In his trial ct Atlanta,
which. his counsel declared, amounted
3tn mob violence, and ten defendant's.
absence sffotn the court room when the
verdict OF guilty was returned.
The courts decision today said. ..In
all the proceedings Ia the court3 of
Georgia, the fuilest right and oppor-
tunity to be heard. had been accorded
the defendant. Ia the opinion of this
court, he has not shosn that he had
been deprived Of any right guaran-
teed him by the fourteenth amend-
metit ar any other provision of the
constitution and laws Of the United
States. on the contrafy he has been
.conyilcted and u now held IN custody
under due process law with IN the
meaning OF the constitution.
Justice ritneg held that the ohli-
cation rested on the supreme court
to lenk through the form and Into
the very j1earf and ssibatance ct the
matter. " Not only in the ayerfnent iil
Franks petition, but Ia trial proceed,
lngs In the state oonfts themselves
4 the petition coniAins q narrative OF
disorder. hostile manifestation ana
sipEoar which. Il stood alone ana
sgereg to be aiken AS true, may be com
ceded to h&ye been Inconsistent witt,
q fair trial and an Impartial verdiet.
But 10 consider this as standing siew..
fos the narrntive, coupled with the.
other statements from n Rhi1k Il clear
SIy appears ttEt tile same allegations
of disorder were submitted first TO
trial court and afterwards to the su-i
preIne court Of ue0Fgia., I.