Semi-weekly herald., 1915-04-22

ta and the entire state Of Georgia has
been reused to fever heat Of excite
mcnt over the murder and Franks
subsequent legal fight for life.
The question before tho supreme
court today was whether Frank should
be granted hearing upon his writ Of
habeas corpus in the federal courts
because Of alleged denial of his rights
under the constitution during his tria.
at Atlanta in August, 1919. Franz
was, by the trial judges orders, ex.
clnded from the court room when the
jury brought in its verdict Of guilty.
Violent public feeling against Frank
was the cause. The authorities fear.
ed demonstration. even il the ven
diet was guilty" They feared Frank
would be seized and lynehed il thu
verdict was in his favor. Georgia
militia were kept ready for hurried
call.
That exclusion of Frank from the
court room was unconditional was al
legged by his lawyers, They eontended
that, under the constitution, u de
PENDANT has the right to be in the
court room continually during trial
and including rendition of the verdict
This principal point advanced "
Franks behalf was most novel, hav.
ing never been decided by the su.
preme court.
That Frank had thus been denied
due process of law guaranteed un-
der the constitution was directly be-
fore the court. both because of
Franks exclusion from the trial court
room and also on another ground.
The second principal point raised was
that Frank had not received fair
trial 1t was alleged that public opin-
ion swayed the judge and jury, and
that "mob spirit prevailed the court
room, dominated the proceedings, in-
Inundated the jury and forced his con-
vietien- Alleged anti-Jewish racial
prejudice also agared largely,
Pending the long legal battle,
Frank has been confined, without bail,
IN the Fulton county, Georgia. jail
Franks haheas corpus petition be-
fore the court today was technically
brought against Sheriff c. Mangum
Of Fulton county, to compel him to
deliver Franks body" before the fed
eral district court Of Georgia for
hearing and determination Of his
charges that he had been denied con-
stitutional rights. They contended that
the habeas corpus petition should be
granted. Frank given hearing and
allowed To produce evidence of alleged
errors IN bis trial. and il the charges
were substantiated. that Frank he dis
charged. Whether the state of Geor-
gia should have the right TO rearrest
and retry him ON the murder indicr-
uieDt in case the habeas corpus pro-
ceedings were in Franks favor. was
declared by lawyers 10 be a muote,i
question.
Frank was convicted almost solely
upon the evidence of James Coniey, q
negro employed as = sweeper IN the
peacil factory. He gave widely varied
versions of the MURDER, but On thu
witness stand stuck unswervingiy tn
a story that Frank knocked the girl
victim unconscious, then strangied her
and forced him. Conley, to help dis
pose OF the body The defense's the
ory Was that coniey himself was the
murderer and eoneocced tha story To
save his own neck by conyietin,s
Frank. conlay- was later convicted
OF being an accsssory and sentenced
to one year In the Gsorgia peniten-
nary.
Many Interesting incidenta, after
math Of the celebrated case, ievelup-
ed. Detective William j. Burns and
ms operatives made an Investigation.
Pubiic Indignation was aroused at
thair methods. Some we're charged
with yioiahng law by operating With
out legal authority. Burns loudly
pmciaimed belief IN Franks innp-
cense.
/ Three Atlanta detectives nes,gne,l.
because, ii was said. tney refused To
aid IN prosecuting Crank. Several
I,i:,it ,x,tn.Ss.a ,..nna,ataa fn..,. A..s
nmony. So did one of Franks, u
negro preached who said he was paid
FOR giving perjured testimony in ia
vor of Frank. Goniey's attorney pun.
l,e'y deeiarad Frank was Innocent.
These and other ware features OF thu
case which has kept the Atlanta pub