The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1915-04-19
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of Frank and his friends to obtain
for him new trial or annulment OF
Z the verdict. Added interest in AT
Elanta was given the case because of
its having been brought into a mu-
nicipal political controversy, whica,
involved attacks on that city's police
and detective departments ann
Wrangles among factions In the city
administration
Soon after the trial ended the case
came in for agitation which spread
all over the country.
Mary Phagan was murdered April
IS. 1913. on southern holiday In
observance of Confederate Memorial
Day. Shortly after noon OF that day
she was seen to- enter the pencil fac
tory. in Atlanta, where she had been
employed and where she went to OBJ
tain wages due her. Her body was
found the next morning in the base
Imentt Of the factory with a cord tied
about the neck.
Leo NJ Flank, a young Jew. col
lege graduate. whose home had been
IN Brooklyn, N. Y, was superintend-
Ient of the pencil factory. Three days
after the murder Frank was arrested
on suspicion and on May 8. Frank
and negro Waterman at the fac
tory, Newt Lee. were held by the cor
soner for grand jury action. Lee
subsequently was released. Sixteen
sweeper at the factory, made con-
fession to the police in which he ac-
5cused Frank of having killed the
Phagan girl, and declared he had
helped dispose Of the body. Conley.
who was one OF the chief witnesses
for the state at Franks trial, was
convicted as an accessory after the
murder in February, i GA, and was
sentenced to one years imprison-
ment. He began his term last July
Frank was placed on trial in the
superior court July IS, 1913, Judge
~. 8. Roam presiding. Judge Roah
5dled March 90, 1915, in New York
"a verdict Of guilty was returned
August IS. Frank being sentenced
to death. In his statement to the
jury at the close Of the trial frank
said he had seen Mary Phagan in
his office in the factory a few minutes
before the time the state contendeC
she was murdered: that he paid the
girl her wages and that she left his
Office. The theory OF the defense has
been that Conle y, who was about the
building when the girl entered. and
who had been drinking. attacked and
killed the girl after She had left
Franks Office.
In October, 1913, Franks attor-
iney's fled a motion for a new trial.
alleging 103 errors in admission OF
testimony and conduct Of the trial.
and also charging that demonstra-
tons By the crowd vii lin and outside
the court room during the trial had
Fof {rf4
Roam denied the motion and the
Georgia supreme court affirmed his
action February II, 1914. AZ mo-
ton for rehearing Of the appeal was
denied by the state supreme court
two weeks later.
An extraordinary motion for a new
trial and a motion to set aside the
vertist were filed stimuli taneously in
superior court April IS. 19D4. Among
the grounds alleged in the motion for
a new trial was that OF newly discov-s
ere dey1dence. The motion to set
aside the verdict was based on the
ground that Frank cons itutional
rights had been violated by the trial
court. His attorneys alleged that
Frank had not been given fair trial
that pervaded the court room; !" and
also that his Institutional rights had
been violated because Frank and his
attorneys had been absent from the
court room. without Franks consent,
when the verdict was returned. This
absence, ithWas claimed, was at the re-
quest OF the presiding Judge who vas
Quoted as saying he feared mob VIC
lence against Frank and his lawyers
iffaverdict OF acquittal were returned.
The extraordinary motion for q new
trtaIawas denied by the superior court
MAY 6. and the decision was affirmed
blythe state5supreme court October II
The superior court on June s, 1914, II
dismissed the motion to set aside the |
verdict on CONSTITUTE nal@ grounds, by
sustaining the states demurrer to the
motor. The supreme court affirmed
tf1is action 6Novemb Der III 1914. and SIX
DAYS afterward the supreme court rel
fused to certify a writ OF error to the
United States supreme court
To review that action, publication
vas made first to Justice Lamar. then
TO Justice Holmes and finally to the
entire supreme court OF the United.
states. for q writ OF error. All held
that the decision Of the Georgia SUI
nreme court could not bearevieWed&b be-
nf procedure, namely. that the plea
for setting aside the verdict should
have been advanced at the time the
motions for new trial were made.
Application was made December 10
to Judge Newman of the federal dis
trfct court for Northern Georgia for
5000 &c
e vvATC j. o UR c Il 81
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