The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1915-04-20
Supreme Court Of the United
States Decides That He is
Not Entitled to Free dom.
5uY AssoelArrnI rars s I;

Not Entitled to Ere dom.
| tarlAssee,ArED r.r.H
WASHINGTON, April 81 The SUI
preem court Monday decided against
Leo NJ Frank. In his habeas corpus
case Justice Pitney delivered the
opinion Of the court. He concluded
Dy saying In all the proceedings
IN the courts Of Georgia the fullest
right and opportunity to be heard
according to the established modes
OF procedure. have been accorded to
him. @ @
Leo M. Franks legal fight for life
has taken a place among the cele-
brated murder cases Of recent years.
Seven times since his conviction Ii
August. / 913. the lower and supreme
courts of Georgia refused to grant
Frank a new trial or to set aside tbs:
verdict; three times the sentence Of
death was passed upon him and
twice appeals We're made to tht.
United States supreme court the first
being unsuccessful and the second
resulting in the decision today.
The murder Of fourteen-year-olh
Atlanta, Ga. which at first appeared
to be a crime OF only local import
ance. eventually developed into a
case of nationwide interest. This
was due in a large part to the efforts
of Frank and his friends to obtain
for him a new trial or annulment OF
the verdict. Added interest in At
lanta was given the case because Of
its having been brought into a NIT
Inicipal political controversy. whicas
involyed attacks on that city's police
and detective departments and
wrangles among factions in the city
administration.
Soon after the trial ended the case
came In for agitation which spread
all over the country.
Mary Phagan was murdered April
sc. 1915. on southern holiday In
observance OF Confederate Memorial
Day. Shortly after noon Of that day
she was seen to enter the pencil fac
tory. in Atlanta where she had been
employed and where she went to OBJ
tain wages due her Her body was
found the next morning in the base
ment of the factory. with a cord tied
about the neck
Leo NJ. Frank, a young Jew. a col
lege graduate. VIII ose home had been
in Brooklyn, N. u :, was superintend-
ent Of the pencil factory. Three days
after the murder Frank was arrested
on suspicion and on May 8. Frank
and a negro Waterman at the fac-
I tory, Newt Lee, were held by the cor
oner for grand jury action. Lee
subsequently was released Sixteen
sweeper at the factory, made a con-
fession to the police In which he ac-
'cused Frank OF having killed the
Phagan girl, and declared he had
helped dispose OF the body. Conley,
who was one Of the chief witnesses
for the state at Franks trial. was
convicted as: an accessory after the
murder in February, a GA, and was
sentenced to- one years imprison-
ment. He began his term last July
Frank was placed on trial in the
superior court July IS, 1913. Judge
y. S. Roam presiding. Judge Roam
"a verdict Of guilty was returned
August 25. Frank being sentenced
to death. In his statement to the
jury at the close of the trial frank
said he hatl seen Mary Phagan IN
lis Office in the factory a few minutes
before the time the state contenden
she was murdered; that he paid the
girl her wages and that she left his
Office. The theory Of the defense has
been that GonleE. VINO was ABOUT the
building when the girl entered. and
who had been drinking. attacked and
killed the girl after she had left
Franks Office.
IN October. 1918. Franks sattor-
sney's filed a motion for a. new trial,
alleging lO3 errors in admission or
testimony and conduct Of the trial,
and also charging that dem onstra-
lions BIZ the crowd within and outside
the court room during the trial had
lnterefered with fair verdict. Judge
Roam denied the motion and the
Georgia supreme court affirmed his
action February Ia. 1914. "a mo-
ton for rehearing Of the appeal was
denied by the state supreme court
two weeks later
An extraordinary motion for a new
trial and motion to set aside the
verdist were filed stimuli aneously in
superior court April 16. 1914 Among
the grounds alleged in the motion for
"a new trial was that Of newly discor-
ere devidence. The motion to set
.F1l II m ii