Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-04-19
Only Board Of Pardons Can
Save Convicted Man From
Death Penalty.
HAS HAD FAIR TRIAL,
SAYS HIGHEST COURT
United States Supreme Tribunal Finds
Frank Has Been Accorded Fullest
Rights 10 All Legal Proceedings
Frank Convicted Of Murder Of Mary
Phasan, Girl Employed in Factory Of
Which Hs Was superintsndsnt.

the Brooklyn man under death sentence
for the murder Of Mary Phagan, an At
lanta factory girl. lost another step in
his fight for life in the supreme court
of the United States today.
In decision. to which Justices
Holmes and Hughes dissented. the
court dismissed Franks appeal from
the federal court Of Georgia. which re-
fused to release him on writ Of hab-
cas- corpus.
Frank contended that alleged
threats Of mob violence and his alb
sence from court when the verdict was
announced, had removed him from the
jurisdiction OF Georgia.
The decision declared Frank enjoyed
all legal rights in the Georgia courts.
The state pardon commission might
save him from death. but in that body
lies his only hope now.
Denied No Rights.
Justice Pitney delivered the opinion
Of the court. He concluded by saying:
I'm all the proceedings Of the courts
of Georgia, the fullest rights to be
heard have been accorded to him."
In the opinion Of this court" said
Justice Pitney, "he is not known to
have been denied any rights Of the
fourteenth amendment or any other
constitutional laws Of tho United States.
On the contrary he has been convicted
in the laws with full meaning Of the
constitution.
No Influence by Disorders.
"This court has gone Into the very
heart and substance Of the matter, not
only Of the averment in Frank1peti-
gtton. hut In the trial pIecesdinsUsi An the
state courts themselves. 4srzyss.@ ~ sssss
"The petition contains q narrative Of
disorder. hostile manifestations and up-
roar" said the justice. which. IL 1t
stood alone and taken. - true. may have
seemed inconsistent to q fair trial. But
to consider this as standing alone 1s to
take wholly superficial view, for the
narrative Is coupled with other state-
ments from which 1t clearly appears
that the same allegations of disorder
were first submitted to the trial court
to avoid the consequences Of the trial,
and these allegations were considered
by those courts wholly apart from the
atmosphere Of the trial and free from
any suggestion Of mob violence. The
facts were drawn from evidence sub
mitted from both sides and the courts
held Franks accusations unfounded,
except as to few minor incidents not
harmful to the defendant.
Issue Raised Not Valid.
.This court holds that such de-
termination Of the facts can not in this
collateral inquiry be treated as null
ity. but must be taken as setting forth
the truth Of the matter until Dome
reasonable ground is shown for the in
ference that the supreme court Of
Georgia was wanting in jurisdiction or
committed error in exercise of Its juris-
diction; and the mere assertion OF the
prisoner that the facts Of the matter
are other than the state court, on full
examination, determined them to be,
will not be accepted as raising an issue;
especially not where the very evidence
upon which the determination was
rested is withheld by him who attacks
the finding.
Point Raised Too Late.
Respecting the fact that Frank was
not present in the court room when the
verdict was rendered (his presence
having been waived by his counsel but
without his knowledge), the court held
that Frank shortly after the verdict
was fully aware Of the facts and he
then made motion for new trial on
motions Of more than 100 grounds.
not including that one. and had
that motion heard by the trial
court and the supreme court. he could
not after his motion had been adjudi-
Gated against him, move to have the
verdict set aside because Of his absence
"This court holds there Is nothing
in the fourteenth amendment prevent-
ing .. court from adopting and holding
q regular procedure.
Il is believed that only the state
pardon officials Of Georgia can now
save Frank from the death penalty for
his conviction for the murder Of Mary
Justice Holmes delivered dissent
Ing opinion, In which Justice Hughes
concurred.
Frank Case Celebrated.
Leo M. Franks legal tight for life
has taken q place among the celebrated
murder cases Of recenr years. Seven
times since his conviction In August
1918. the lower and supreme courts OF
the state Of Georgia refused to grant
Frank Q new trial or to set aside the
verdict: three times the sentence Of
death was passed upon him and twice
appeals were made 60 the United
states supreme court, the flrst being
unsuccessful and the second resulting
In the decision today. ~
The murder Of 1l-year-old Mary
Phagan. . factory employe. OF Atlantis,
Ga. which at Arst appeared to be aG
crime OF only local importance. sventu-
ally developed into q case Of nations