The weekly soliphone., 1915-04-23
FRANK LOSES CASE
 IN SUPREME COURT
Young Atlanta Jew, Under Sentence of Death for Murder of Girl,
 Does Not Give Up Hope.

| Atlanta, Ga, April 2O.-l am very much disappointed over the su- preme courts decision, but l will keep up the fight" said Leo M. Frank, when informed that his ha- beas corpus case had gone against him. He refused to add to this statement The mandate of the su- preme court is expected to be receiv- ed here in few days. Upon its arrival Solicitor General Dorsey probably will request that Frank be arraigned before the Fulton county superior court for resentence.
 Washington, April 20.-Leo NJ Frank, 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 yesterday. In decision, to which Justices Holmes and Hughes dissented, the court dismissed Franks appeal from the federal court of Georgia, which refused to release him on a writ of habeas corpus.
 Frank contended that alleged mob violence" at his trial and the fact that he was absent from the courtroom when the jury returned it's verdict had removed him from the jurisdiction of the courts of | Georgia.
 The majority opinion of the su- preme court yesterday rejected all those contentious and declared Frank had enjoyed all his legal rights in the Georgia courts.
 Seemingly, no other avenue of es- cape from the death penalty now re- mains save through the Georgia state pardon officials.
 Justice Pitney, delivered the opin- ion, declaring that 'in all the pro- ceedings in the courts of Georgia the fullest right and opportunity to be heard according to the estab- lished modes of procedure" had been accorded Frank.
 The courts decision was based on an appeal from the action of the United States district court for Northern Georgia in refusing to re- lease Frank on writ of habeas corpus. His petition for habeas cor pus rested on allegations of disor- 1 ders during his trial in Atlanta, amounting to mob domination and his involuntary absence when the verdict was returned.
 Franks fight for life has taken a | place among the celebrated murder l trials. Three times the supreme court of Georgia refused to interfere with the sentence of death. Two appeals were made to the supreme court of the United States. The first was unsuccessful; the second resulted in the decision yesterday.
 Frank, a young man of education whose home had been in Brooklyn, N. Y, was superintendent of a pen cil factory at Atlanta, Ga, when Mary Phagan was murdered, April 26, 1913. Mary was 14 years old. Her body was found in the factory cellar with a cord about her neck, and physicians testified she had been choked to death after having been attacked,
 Jim Conley, negro sweeper at the factory, accused Frank of the crime, and principally upon the ne- gro's testimony, jury returned a verdict of guilty.
 In successive appeals from that verdict, Franks attorneys have con- tended that a wave of anti-Jewish race prejudice had swept over the city, and that they and Frank were absent from the courtroom when the verdict was returned because the court feared personal violence to Frank and them if Frank should not be convicted.
 Just after conviction, Franks attorneys made an ordinary motion for new trial, giving 1O3 grounds. Judge Roan denied the motion, and the Georgia supreme court affirmed his action Feb. 1, 1914.