The Lancaster news. [volume] (Lancaster, S.C.) 1905-current, 1915-04-20
Last Avenue of Escape Through
Courts Closed to Atlanta Man.
HAS ONE SLIM CHANCE.
Only the Pardon Officials of the
State Can Now Save the Con-
victed Man.


murder of Mary Phagan, an Atlanta
factory girl, lost another step in his
fight for life in the supreme court of
the United States today.
In a decision, to which Justices
Holmes and Hughes dissented, the
court dismissed Franks appeal from
the federal court of Georgia which
refused to release him on a writ OF
habeas corpus.
Frank contended that alleged
mob violence" at his trial and the
fact that he was absent from the
court room when the jury returned
its verdict had removed him from
the jurisdiction of the courts of
Georgia.
The majority opinion of the su-
preme court rejected all these con-
tentions and declared Frank had en-
joyed all his legal rights in the
Georgia courts.
Seemingly, no other avenue of es-
cape from the death penalty is open
to Frank through the courts. The
state pardon officials Nigh. relieve
him.
- Justice PitGey delivered the opin-
lon, declaring that in all the proceed
ceedings in the courts of Georgia the
fullest rights and opportunity 70 be
heard, according to the established
modes Of procedure" had BEEN ac-
corded Frank.
In the opinion of this court"
continued the justice, "he IS not
shown to have been deprived OF any
right guaranteed to him by the tth
amendment or any other provisions
OF the constitution or laws of the
United States; on the contrary, he
has been convicted and is now held
in custody under due process OF law
within the meaning OF the ccnstitu-
ton"
1t Is believed by legal authorities
here that only the state pardon Off
cials Of Georgia now can save Frank
from paying the death penalty for
his conviction of the murder of Mary
Phagan, the Atlanta factory girl.
Justice Holmes delivered dis
senting opinion in which Justice
Hughes concurred.
The courts decision was based on
an appeal from the action Of the
United States district court for
northern Georgia in refusing to re-
lease Frank on writ of habeas
corpus.
His petition for habeas corpus
rested on allegations OF disorder dur
ing his trial in Atlanta amounting
to mob domination and his invol-
untary absence when the verdict was
returned.
Justice Pitney, in his decision,
held that the obligation rested on
the supreme court to look through
the form and into the very heart
and substance of the matter" not
only In the averment in Franks pe-
tition, but in the trial proceedings
in the state courts themselves.
"The petition contains a narrat,v,,
OF disorder. hostile manifestations
and uproar." said Justice Pitney.
which If il stood alone and were tc
be taken as true. may be conceded
to have been Inconsistent with n fair
trial and an impartial verdict. Bu.
~ consider this as standing alone is
TO take wholly superficial view
for the narrative is coupled with
otner statements from which it clear
ly appears that the same allegations
of disorder were submitted first to
the trial court and afterwards to the
supreme court of Georgia as n
ground for avoiding the conse-
quences of the trial and these alIe-
cations were considered by those
courts successfully at times and
places and under circumstances
wholly apart from the atmosphere of
the trial and free from any sugges-
tion OF mob domination or the Ike. !.
the facts were examined by those
courts upon evidence submitted on
both sides, and both courts found