The Hartford republican. (Hartford, Ky.) 18??-1926, 1915-04-23
FRANKS FATE
IS SEALED
Supreme Court Decides
Against Convicted Man.
Alleged Slayer Of Mary Phagan
Only Hope is Executive
Clemency.

l VI.
Frank, the Brooklyn man under
death sentence for the murder of
Mary Phagan, an Atlanta. factory
girl, lost another step in his fight for
life in the Supreme Court of the
United States to-day. In a decis.
ion, to which Justice Holmes and
Hughes disented. the court dismiss
ed Franks appeal from the Federal
Court of Georgia, which refused to
release him on writ of habeas corpus.
Frank contended that alleged
mob violence" at his trial and the
fact that he was absent from the
court room when the jury returned
its verdict had removed him from the
jurisdiction of the courts of Georgia.
The majority opinion of the Supreme
Court to-day rejected all these con-
tentions and declared Frank had en-
joyed all his legal rights in the Geor-
gia courts.
Seemingly no other avenue of es-
cape from the death penalty is open
to Frank through the courts. The
State pardon officials might relieve
him.
Justice Pitney, in the majority
decision. stated that the obligation
rested upon the Supreme Court to
look through the form and into the
very heart of the substance Of the
matter, not only of the averment
In Franks petition. hut in the. trial
proceedings in the, State courts
themselves.
"The petition contains narrative
of disorder. hostile manifestations
and uproar," said the Justice, (which
If it stood alone and were to be taken
as true may be conceded to have been
inconsistent with fair trial and an
impartial verdict. But to consider
this as standing alone is to take
wholly superficial view; for the mar
rative is coupled with other state
ments from which it clearly appears
that the same allegations of disorder
were submitted first to the trial
court and afterwards to the Supreme
Court of Georgia. as a ground for
avoiding the consequences of the trial
and these allegations were consider
ID by those courts at times and
places and under circumstances
wholly apart from the atmosphere Of
he trial and free from any sugges-
ion of mob domination or the like.
The facts were examined by those
courts upon evidence submitted on
10th sides and both courts found
Franks allegations to be groundless,
except with respect to few matters
II irregularity not harmful to the
defendant. -
Respecting the fact that Frank
vas not present in the court room
When the verdict was rendereI (his
presence having been waved by his
but without his knowledge
n consenD. the Georgia court held
hat because Frank. shortly after
he verdict, was made fully aware
4 the facts and he then made a mo-
ion for new trial upon over 100
rounds. not including this one. and
ad that motion heard by both the
rial court and the Supreme Court.
e coud Hot, after the motion had
cen adjudicated. against him, move
, set aside the verdict as a nullity
ecause of his absence when the
erdict was rendered This court
olds that there is nothing In the
amendment to prevent
he State from adopting and enforc-
lg SO reasonable regulation of pro-
sdure."
Justice Holmes based his dissent
rgely on the ground that the find
e of the State Supreme Court on
le existence of mob violence at a
ial is now binding on the United
.ates Supreme Court as was held by
Ie majority. He said that he saw
} reason for adopting a sterner rule
criminal appeals than in civil APP
,als and held that where questions
law and facts were intermingled
civil cases. as here the United
ates Supreme Court may review
ate courts finding OF fact.
Justice Hughes wrote no opinion.
It consurred with Justice Holmes.