The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1915-04-19
Supreme Court Refuses to Set
Aside Conviction of
Georgian, Sentenced
to be Hanged
POINTS IN THE OPINION
Last Hope Now 10 With Governor Of
the State, Who Might be In
duced to Grant
ciemeney

[ United ErSSS Leased wire ocTVlCSI
WASHINGTON, April 19.-The SUI
preme court today refused to set aside
conviction of Leo NJ. Frank, the young
Atlanta, Ga, Hebrew of numbering
Mary Phagan Frank now faces death
on the gallows unless Georgia's COVER
nor grants clemency. The court de-
MED Franks application for habeas
corpus writ upon which Frank sought
new trial.
Salient points In the opinion of the
court follow:
The principal points raised In sup
port Of Franks application for release
on habeas corpus as presented to the
United States district court In Geor-
gia and district court of the United
States upon this appeal are:
First, that tho disorder in and
about the court room during the trial
and up to and at the rendition Of the
verdict amounted to mob domination
to which not only the jury, but the
presiding judge succumbed and that
this in effect brought about a dissolu.
ton of the court and deprived it OF
jurisdiction to receive o verdict and
pronounce sentence against the pris.
oner.
oCCUuuly, tHcI J
absence at the time the verdict was
rendered, deprived him of an essen
tial part of the right to trial by Jury
and deprivation of due process OF law
guaranteed by the fourteenth amend
ment, and that such absence could
not be waived by Frank: and
! Thirdly, that the ground upon
which the supreme court Of Georgia
1T ohi hoc
his absence when the verdict was rem.
dered, namely that this chief objec'
ton was waived because 1t was not
trial, although the facts were then
known to Frank and his counsel, was
SO far Inconsistent with previous de-
cisions Of the same court that it was
equivalent in effect to an ex-post facto
! law
Summing up the courts opinion
Justice Pitney said:
"To conclude: Franks petition
shows that having been formally In
dicted for murder, he was placed on
!. trial before court OF competent
jurisdiction with jury lawfully con
stituted: he had public trial, delib.
erately conducted, with the benefit OF
counsel for his defense: he was found
guilty and sentenced pursuant to the
laws of the state.
Twice he has moved the trial court
to grant a new trial. and once to set
aside the verdict; three times he has
been heard on appeal, the court OF
last resort of Georgia and In every
instance the adverse action Of the
trial court has been affirmed; his al
legations of hostile public, sentiment
and disorder in and about the court
room improperly influencing the trial
court and the jury against him have
been rejected because found untrue in
point of fact upon every presumable
iustifying that finding and which he
has not produced in the present pro
ceeding; his contention that his law
full rights are infringed because he
was not permitted to be present when
the jury rendered its verdict has been
set aside because 1t was waived by
his failure to raise the objection in
due season when fully cognizant of
facts. In all these proceedings, the
state, through It's courts has retained
jurisdiction over him, has accorded to
him the fullest right and opportunity
to be heard according to the establish
ed modes of procedure and now
holds him in custody to pay the pen
atty of the crime Of which he has
been adjudged guilty.
"In the opinion of this court he is
not shown to have been deprived OF
anv right guaranteed to him by the
fourteenth amendment Or any other
provision of the constitution Or laws
of the United States. On the contrary
he has been convicted and Is now
held in custody under du.s process OF
law under the meaning of the con-
stitution."