The Pascagoula democrat-star. (Pascagoula, Miss.) 1878-1920, 1915-04-23
PARDON ONLY HOPE
FOR LEO NJ. FRANK
U. S. couRT DisNtssEs PETITION
ON APPEAL FROM GEoR.
GtA couRr.
HAD ALL DUE LEGAL RIGHT
Frank loses Another stsp In Battle
for Life-Refuses to Abandon
All Hope.

washlagton Leo NJ Frank under
death sentence fof tse murder Il
Mary phagan. an Atlanta head pencil
factory eirl. lost another step tn bis
aght Tor Me IL the suprcms Court Of
the Unitod States
In decision 20 which Justices
Holmes aud Hughes disseuted the
court dismissed Franks petition on
appeal from thg Federal Court a.
GeorEae decree which refused 70 re-
lease him on a writ of haheas corpus.
= am very much disappointed over
the supreme courts decision. but
VIII keep up the nsht. said Leo NJ
Frank when informed that big ha
beaa corpus case had gone against
him
Prank conteuded that alleged "moh
violence az his trial. aud the fact
that he was absent from the court
room when the jury returned its yer
dict. had removed him from the iuria-
diction Of the coutss OF Georgia
The majority opinion of the So.
prcme Court rejected all those con
tontions. and declared Frank had en-
ioyed all bis legal rights IN the Geor-
STA courts
Seemlngly no other avenue Of es-
cape from the death penalty "a open
10 Frank through the courts The
state pardon officials might relieve
him.
Justice Pitney dolleverd the opinion.
declaring that IN aall the proceedings
IN the courts OF Georgia the fullest
rlRht and opportunity 70 be heard, ac-
cordlng 10 the established modes OF
procedure" had been accorded Frank
IN the opinion Of this court" con
tlnued the Justice, che Is not shown to
have been deprived OF any right guar.
anteed 20 hm BY tho Fourteenth
Amendment er apy c.fsr provision %
the laws or Constitution ol the Unit.
ed States. but. on the contrary. he
has been convicted and lA now held in
custody on due process 6f law. within
the meaning Of the Constitution
Il IL believed by legal authorities
here that only the State pardon Off.
cials of Georgia now can save Frank
from paylng the death penalty for his
conviction Of the murder of Mary
phagan. the Atlanta factory girl
Justice Holmes delivered dissent.
ing opinion, IN which Justice Hughes
coneurred The COURTS decison was
based on an appeal from the action of
the United States District Court Tor
Northern Georgia In refusing 10 70
lease Frank on a writ Of haboas cor.
pus.
Ills petition for habeas corpus rest
ed on allegations OF disorder during
his trial In Atlanta amounting to
mob domination and bis Involuntary
absence when the verdict was 70
turned.
Justice Pitney, In his decision. said
the facts rested on the Supreme Couri
10 look through the form and into
the very heart and substance Of the
matter offered. not only IN the aver.
ments In Franks petition. but in the
trial proceedings In the State courts,
themselves
But to consider this as standing
alone IL TO take a wholly superficial
view, for the narrative Is coupled with
other statements from which Il clear.
~ appears that the same allegations
Of disorder we're submitted first to ths
trial court and afterwards to the au.
preme Court Of Georgia as a ground
for avoiding the consequences Of the
trial. and these allegations we're con.
sidered by those courts successfully az
times and places and under circum-
stances vi lly apart from the legal
atmosphere Of the trial and free from
any suggestion Of mob domination or
the like. he gaid
These facts were examined by the
courts Of record on evidence submitted
on both sides and both courts found
Franks allegations 70 be eroundless,
except with respect 70 a few matters
/ Of irregularity not harmful to the de-
fendant