Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-02-26
CONTEND FRANK SHOULD
Be FREED FROM CUSTODY
Prisoners Lawyer Argues Because
"f Mob Violence Trial Court
Lost jurisdiction.
CASE uEroHE SUPREME COURT
Justices Manifest Interest by Their
Questions Ia CounScl-Rcprcscnt
tivc> ~ State of Georgia VIII BE
Given Hearing TODAY.


WASHINGTON, rehruary Coon
tending that the ,-!al court which
FOUND Leo NJ Frank guilty OF The muir
dor Of Mary rnacan. Tho Atlanta FAC
tory girl. had lost its jurisdiction over
The prisoner because Of 0,oh violence
tolerated during the trial and because
/ or the consequent absence OF the pris-
on"r from the court anon the coercion
Of the trial Judge when the verdict
was rendered. attorneys tor Frank to-
day argued before tho Supreme Court
freed from custody Louis Marshall.
/ OF New York. began the opening arEu-
ment N the case and viii continue ii
tomorrow. when the representatives OF
IN" state of Georgia also will he heard.
The court was considering the APP
peal from til. action OF the Federal
District Court for Northern Georgia
in denying Franks rslesse from Gus
;ody in which ne was placed for the
execution OF the death sentence i'm
posed ny the trial court.
STATEMENT QUESTIONED
BN CHIEF JUSTICE WHITE
NJ. Marshall first stated the effect
upon the jurisdiction OF the court Of
FRANKS absence when the verdict was
rendered Ills statement that Judge
Roam. OF the trial court, c0ccccd Frank
into being absent was questioned b..
Chiet Justice White. MI Marshall de-
c!d!ed the suggestion by the trial
judge that Franks life and limb and
those OF his counsel might he in danger
II They attended, amounted To coercion
The attorney sought to establish that
- he mr. e. trf,
was one that could not be denied
we have held that court may
abolish a trial by jury. and DO not
see why State may not abolish one
OF the incidents TO - jury trial. in
tcrrupted Justice Pitney. The de-
cisi"ns YOU cite refer 10 Federal cases"
chief Justice White also asked Gues-
lions along that line. Mr. Marshall
replied II was a question of due pro-
c"ss OF law. and while the NTH amend
ment TO the Constitution guaranteed
dur process in Federal cases. the
guaranty Of due process in state cases
IN the fourteenth amendment was the
same in effect He contended that
while a state might abolish a trial by
jury, IL could not abolish the right
TO be present at whatever kind of trial
was provided, because OF due pro-
cess"
In the closing moments OF the scs-
sion Mr. Marshall took up the poin,
OF mob violence
Il am free to confess that point il
one that lmpresses me very much" vol
unteercd Justice Holmes as the at,
torney began his argument.
JEERS For COUNSEL
WHEN THEY LOST POINT
This court has said that there must
be a trial before a competent tribunal"
began the attorney. "a competent
tribunal is one that holds the scales
%: justice impartially, thar is not
sway"d hy fear or favor Here the
trial was marked by prejudice and
hostility There, jeers at counsel for
Frank were permitted when they lost
point. The crowd almost trcspassed
upon the jury box, hanging over the
jury box, and their whispers were heard
throughout the courtroom. Applause
greeted the solicitor general when he
appeared ut the seat q justice. and
,ncn the judge hcld n conference in
, tn" presence OF The jury with the
'hIcf OF police and - comma nding Of
''"i OF Ia" state militia. That was a
demonstration that probably had no
parallel IN the history OF trials
finally, the court asked counsel to
meet MIN III private conference. and
then, upon the !nsistence CT tho court
mat the prisoner might DO torn from
the sanctuary OF the court, and lynched
by a mob # he was present when the
verdict was returned. counsel consented
l" his being absent. The jury was left
10 return ITS verdict 10 the prosecuting
oh!ceE and the mob. They knew what
;hat meant"
j
supreme Court had II | passed upon ali
these facts, whorcupcn Justice Holmes
asked II Mr. Marshall did not mean
mat II thc5a Wore facts, IL did not
matter /: twenty courts had passed
spon them
FOR MONTICELLO PIRcuAcE