Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-04-20

nave been, ard 1t did not need To set
forth contradictory evidence or matter
vi rcouttai, or to explain why the mo-
ions Tor new trial and to set aside
the verdict were overruIcd by the state
court.
mere is no reason to fear an i'm
pairment OF the authority of the State
to punish the guilty. we do not think
l. inpractcable In any part OF this
country to have trials free from out
side control. But to maintain this i'm
munity 1t may be necessary that tho
supremacy OF the law ana OF the Fed
crhl constitution should he indicated
in case like this.
1T may be on hearing a different
complexion would be given to the Judges
alleSeo request and expression of fear.
But supposing the alleged facts to be
true. we are of the opinion If they
We're before the Supreme Court it sane
hoheu situation upon which the
courts OF the United states should act:
ana III for any reason they were not
before the Supreme Court IL is our
dutF 10 act upon them now and TO de-
ciare lynch law as little valid when
pracliced by a regularly drawn jury
as when administered by one elected
by mob intent on death"
FRANKS FIGHT FOR LIFE
IN PROGRESS SINCE 1913
Leo NJ. Franks legal fight for life
DRAFTED murder cases of recent years.
seven times since his conviction in .Au-
gust 1913, the lower and Supreme
courts of the state OF Georgia refused
TO grant Frank 4 new trial or TO set
aside the verdict: three times the sen
tence of death was passed upon him
and twice appeals We're made 10 tho
United states Supreme Court, the first
beng unsuccessful and the second re-
suiting in the decision to-day.
The murder or fourteen year-old
Mary Phagan. a factory employee, OF
Atlanta. Ga, which at first appeared TO
be Il crime OF only local Importance
eventually developed into case OF
nation wide interest This was due In
large part to the efforts ot Frank and
his friends to obtain for him new
trial or annulment of the verdict.
Added interest in Atlanta was given
the case because OF its having been
brought into II municipal political con-
troversy. which involved attacks on
that city's police and detective depart
mcnts and wranSleS among factions in
the city administrations.
Soon after the trial ended the case
came In for agitation, which spread all
over the country.
Mary Phagan was murdered on April
20. 1913; on Il Southern holiday in OBJ
servancc OF Confederate Memorial Day.
shortly after noon Of that day she was
seen to enter the pencil factory in At
lanta, where She had been employed,
and where she went to obtain wages
due her. lier body was FOUND next
morning in the basement OF the factory
with a cord tied about the neck.
Leo NJ. Frank. a young jew, col
legc graduate and married. whose home
had been in Brooklyn, y. y. was super
intendcnt OF the pencil factory. Three
days after the murder Frank was ar
rested on suspicion, ami on May s
Frank and 4 negro Waterman ut the
factory, Newt Lee, We're held by the
coroner FOR the grand iury's action.
lee subsequently, was released SiX-
teen days later Jim" Conlcy, "A negro
sweeper at the factory, made confcs-
sion to the police. in which he accused
Frank OF having killed the phagan
eirl, and declared he had helped dis
OF the chief witnesses FOR the State
at Franks trial, was convicted as an
accessory after the murder in February,
1914, and sentenced TO one years i'm
prisomment. tie began his term last
July.
Frank was placed on trial in Superior
Court July IS, 1913, Judge H. :. Roam
presiding. Judge Roam died on March
-, 1915. in New York \ verdict OF
guilty was returned August -. Frank
being sentenced TO death. IN his state
men: 10 the jury at IN" close of his
Phagan in his Office III the factory 81
few minutes before the time the State
coutcndcd she WAS murdered, that he
paid the girl her wages and that she
left his Office. The theory OF the defense
has been that Conley, VINO was about
the building when the girl entered. and
VINO had been drinking. attacked and
killed the girl after she left Franks
Office
IN october. 1913, Franks attorneys
filed a motion FOR new trial, alleging
1913 errors IN admission of testimony
and conduct OF the trial, ana also
charSin-; that demonstrations by tho
crowd within and outside the court
room during the trial had intcrfcrcd
with II fair verdict. Judge Roam de-
nicd the motion. and the Georgia s'u-
prcmc Court affirmed his action Feb
ruury Il, 1874. y motion for TtHeaTIRs
of III" appeal was denied by the State
supreme Court two weeks later.
All extraordinary motion for new
trial ana II motion to set asid" the
verdict were fled simultaneously in
Superior Court on April 16, 1914. Among
the grounds alleged in the motion for
n new trial was that of newly dis
covered evidence The motion 10 set
aside the verdict was based on the
ground that Franks constitutional
rights had been violated by the trial
court; lis attorneys alleged that
h
because OF the spirit OF mob violence
that pcrvadcd the courtroom" and also
that his constitutional rights had been
violated because Frank and his attor-
ncys had been absent from the court
room, without Franks consent when
the verdict was returned. This absence
i, was claimed, was at the request Of
the presiding judge, who was quoted
as saying he feared mob violence
against Frank and his lawyers If a
verdict of acquittal were returned.
EXTRA ORDINARY MOTION
DENIED ON MAY q, 1911
The extraordinary motion for 81 new
trial was denied by the Superior Court
May d, and the decision was affirmed
by the state Supreme Court October Il.
The Superior Court on June 6, 1914, div
missed. the motion to set aside the YER
diet on constitutional grounds, by
sustaining the States demurrer to the
motion The Supreme Court affirmed
this action November IA, 1914, and six
days aftcrward the Supreme Court re-
fused to certify Il writ Of error 10 the