The Anderson intelligencer. [volume] (Anderson, S.C.) 1914-1917, 1915-01-01

Lamar, OF the United States supreme
court. today granted an appeal for the
refusal of the federal district court
for northern GeOrgin TO release on
habeas corpus proceedings Leo NJ.
, Frank under death sentence for the
murder of Many Phagan, nt Atlanta.
Frank has been sentenced TO be
hanged January 22, but Justice La
mars action causes a stay Of exccu-
tion. Thirty days are given for the
record Of the proceedings in the lower
court to be filed in the supreme court
here. The State OF Georgin then may
ask that the hearing OF the case be
advanced. Some suggestions general
ly are granted.
Az result of Justice Lamars ac-
tion today the entire court will pass
upon Franks right to seek release
from custody on a writ Of habeas cor
pus on the ground that the trial court
In Fulton county. Georgia. lost juris-
diction over him by It's failure to have
him present when the jury returned
Its verdict.
Should the supreme court decide
Frank was not entitled to the benefit
of the hablas corpus writ, the State
OF Georgia would no longer be barred
from carrying out tho death sentence.
II the court decides he was entitled
to ask for the writ, the case probably
| would be remanded to the district
court for the taking Of evidence on
the petition praying for the writ.
May Mean Freedom.
Should the supreme court eventu-
ally decide that Frank must be releas-
cd from custody. 1t was said, further
question, about which there is uncer-
| tainty, would arise rs to the power of
the State to indict and try him a
second time. 1t is said authorities diff
fer as to whether the first trial would
be regarded as having placed Frank
| In Jeopardy"
This was the second time Franks
tate has rested in Justice Lamar's
hands. After the Georgia supreme
court had decided to set aside the YER
dict of conviction. Justice Lamar was
asked to issue q writ OF error for the
supreme court to review the case. He
declined on the ground that no feder-
al question was presented, inasmuch
as questions of procedure were for the
States to decide. Justice Holmes. and
eventually the entire court, pursued
the same course.
| Reason for Refusal.
| Application was then made in the
Georgia federal court for Franks re-
lease on d writ OF habeas corpus.
Judge Newman held Frank was not
entitled to the writ and refused tn
grant an appeal to the supreme court
because he was unwilling to issue q
certiicate or probable cause" as re-
quired In such appeals by federal
statute of 1908.
| Justice Lamar was then asked to
grant the appeal and issue the certi-
flcate. He found that several questions
OF federal law, unsettled by the su-
preme court, existed In the case, and
hence gave 1t the probable cause"
TOT the appeal. These were whether
the federal constitution requires an
accused to be present when verdict
is returned against him in q State
| court; the effect OF the accused not
raising the point of his absence on
motion for q neyA trial, and the ef-
feet OF the srprme courts own action
In refusing to grant the writ or err
ror In case where an alleged juris-
dictional question was presented In a
motion filed at time not authorized
BY the practice OF the State where the
trial took place.
Why Writ mas Denied.
Justice Lamars complete atatement
In explanation, of his course IN rran1s
/ ing the abpeal Follows - -''1
aLeo Franks recent apn,,cat,,n Tor
a writ OF error wns iienied hv mo ~ ~
the ground that no federa, 1nest,on G jo
was involved In stila rniinr = ~ e.y .tha .a,, !
prenie cotrt. Of Georgia tbnt h;a E rS,a ~
tionl to- act aside the yerSict f,ndin. %
him guilty. of mudrer lad haar a,a3
too late. This netition nreaenta ! wI,oS. yC
II different unesfion ajnce I; ia1amsan.
plication OF an nppaai from the IL "a sn.lS. ~
m nant NJ :, res1ar., HSs.., - - -. ...u !eus