The Washington herald., 1915-04-20

preme Court case to give time for re.
hearing motions.
However. according to Franks counsel
tonight there will be no such motion.
It Is likely then that Judge Newman will
receive the mandate about May 90 He
will certify the result. it Is expected,
within few days. No special time Is al
lotted for this action.
Solicitor Dorsey then will swear out a
habeas corpus writ as the formal means
of bringing Frank before Judge Ben Hill
for re-sentence. Judge Hill is not likely
to set the date Of execution within less
than forty days from the time of re-
sentencing.
AS soon as the date of execution is set
the appeal to the prison commission will
be made, probably at the June session of
the board. By the time the commission
makes its study of the case and an
nounces a recommendation it is practical
ly certair1that Slaton will be out of Of
flee. his term ending June 26.
Frank had little to say when told Of
the action of the Supreme Court. Il am
very much disappointed" he said quietly.
How did the vote of the justices stand?"
He then read the dispatches from
Washington carefully. but would make no
further statement.
His wife. as soon as she received word
Of the Supreme Courts action. hurried
to Franks cell. She remained with him
throughout the afternoon and evening.
Both were calm and showed no indica-
tons of total despair. Mrs. Frank would
say nothing.
AS soon as the decision was announced
Solicitor Dorsey held a conference with
Attorney General Grice on the habeas
Corpus proceedings. which will be
brought looking toward the resentencing
Of Frank.
ANY other decision would have been
a surprise to me-" declared Frank pros
ecutor on his way to conference.
Leo NJ. Frank, of Atlanta. convicted OF
the murder of Mary Phagan. the Is
year-old factory girl. and under sentence
Of death. will have TO 60 to the scaffold
unless the governor of Georgia and the
State board OF pardons commute his SEN
tence. The Supreme Court of the Unit
ed States for the second time yesterday
refused to intervene in the case to set
aside the judgment of the courts of
Georgia and order a new trial
The first application was for a writ of
error to the Supreme Court of Georgia
which was denied by two justices in turn
Lamar and Holmes. and later by the full
bench.
The second appeal was from the judg-
ment of the District Court for one of
the Federal districts of Georgia deny
ing an applicatio for a writ of habeas
corpus. Justice Pitney yesterday de-
livered the opinion for the majority of
the court affirming the judgment of the
Federal Court. \ strong dissenting
opinion was read by Justice Holmes i'm
which Justice Hughes conCurred.
While the attorneys for Frank intimate
that their legal resources have not been
exhausted and that the case may again
come before the Supreme Court. it is not
clear to members of the bar just how
the case can again be brought before
the highest tribunal. 1t is believed to
be significant also that Franks next
appeal will be made TO the board of par
dons of the State of Georgia and TO the
governor for clemency. The best that
can be hoped for in the opinion of per-
sons familiar with the case, is q commu-
tation of sentence TO life imprisonment
and it is extremely doubtful If this scant
clemency will be allowed 10 the prisoner.