The Hawaiian gazette., 1915-06-22
GEORGAASROTtjllH
OVER FRANK CASE .

d @(Continued from Page One)
In their successive appeals from that
verdit, Franks attorneys have contend.
ed that wave of anti7Jewish race pre-
judice had swept over the city, and that
they and Frank were absent from the
odrt room when tha,NefNictyIwa re-
turned because the court feared per
sOnal violence to Frank and them If
Frank should ppqatlbe soPHiotc&,,o 3 !
Immediately upon conviction,
Frank Z S9torneys ,3niade In orrdibisy
motion for new trial, giving lO3
grounds. With the motion were affid-
avits that one Of tRc jurors had sail
before the trial that il he were OIL tho
jury he "would hang that Jew sure. "
Judge Roam den.edEthe motion, and the
| Georgia supreme court affirmed his ac-
ion on February II, l9l4.~-
| An extraordinary motion for a new
| trial was made on several grounds
among which was that of newly discoy.
sred evidence. That was denied by
the trial court on May 6, 1914, and tho
supreme court of Georgia affirmed the
action. On October IA, 1914, Frank +
attorneys made n motion in the trial
SQUIRT to set aside the verdict on the
grounds that the trial court had lost
Jurisdiction over him by reason of mob
violence manifested during his trial and
| W reason of his absence from the court
Dom, along with his counsel, when the
uTy returned its verdict. That motion
vas denied and the Georgia supreme
| curt, affirmed that action on November
4, 1914.
Writ Of Error Held
| To review that action, application
vas made first to Justice Lamar, then
| Instice Holmes, and finally the entire
| upreme court of the United States, for
writ of error. All held that the de-
;ision of the Georgia supreme court
ould not be reviewed because its ae-
ion was based on ground of procedure,
lamely, that the grounds for setting
Iside the verdict should have been ad-
anced in the motions for new trials.
| Application was then made to Judge
Newman of the federal district court
or Northern Georgia for a writ of ha.
'eas corpus, claiming that the trial
curt had lost jurisdiction over the pris-
| hcI uuIlnB Jne JIldl because Oh the al
eyed mob violence and Frank 8 absence
rom court when the verdict was re-
urned. On December 81, 1914, Judge
'ewman held that to grant the writ
;ould mean that federal court should
eview the action of the state courts
n manner not warranted by the law
f the country, and that, too, after the
upreme court Of the United States had
decided no federal question remained
for consideration in the case. Judge
Newman refused to issue a certificate
of probable cause for appeal to the
supreme court, but it was issued by JUS
tice Lamar and the case came to the
supreme court for review of Judge
Newman s action, being again denied.
Prison Commission Passive 49,
Ip May Frank was given a hearing
ISy the Georgia prison commission, The
question being whether the death sen
tence should be commuted to life i'm
IrisOnment. The commission declined
% interfere after which only the Gov
'rnor could change the sentence or par,
on Frank
The Frank case awakened extraor,
inary interest the country over. Peti.
ions with hundreds of thousands of
ignatures asking that Frank be not ex.
'cuted were sent to the Governor and
'ther Georgian officials.