New Britain herald., 1915-02-26
CLAIM TRIAL JUDGE
 ~COfRCED" FRANK
Cou1ScI Say Court Lost Jurisdiction
 by 1oIcrating Mob Violence.

| Washington Feb. 26.-On the 1 ground that the trial court, which
 sentenced Leo M. Frank to die for the
 murder of Mary Phagan, the, Atlanta, 1 Ga, factory girl, had lost it's jurisdic 1 ton over the prisoner because of mob 1 violence tolerated during the trial, | and the consequent absence of the l prisoner from court when the verdict was rendered, attorneys for Frank | yesterday argued before the supreme 1 court that their client should be freed l from custody.
 Louis Marshall of New York began l the opening argument and will con- tinue it today when the represen- tatives of Georgia will be heard also. The court is considering an appeal from the refusal of the federal dis trict court of Georgia to interfere in the case
 Questioned by Chief Justice. MT. MarshalIs statement that Judge Roan of the trial court ''coerced" Frank into being absent when the verdict was rendered, was questioned by Chief Justice White. The attorney insisted however, that the suggestion by the judge that Franks life and limb and those of his counsel might be in danger, if they attended, amounted to coercion. He argued that the right of the accused to be present could not be denied
 We have held that court may abolish trial by jury, and 1 do not see why a state may not abolish one of the incidents to jury trial" in terrupted Justice Pitney. The de- cisions you cite refer to federal cases
 MT. Marshall replied that it was a question of due process of law, and while the fifth amendment to the constitution guaranteed due process in federal cases, the guaranty of due process in state cases in the four teenth amendment was the same in eff feet.
 Point of Mob Violence.
 When the point of mob violence was taken up, Justice Holmes remarked: T am free to confess that point is one that impresses me very much"
 This court has said that there must be a trial before a competent tribu- nal, began MT. Marshall. "A com potent tribunal is one that holds the scales of justice impartially, that is not sWayed by fear or favor. Here the trial was marked by prejudice and hostility. There were jeers at counsel for Frank permitted when they lost a point. The crowd almost treSpassed upon the jury box, hanging over the jury box and their whispers were heard throughout the court room. Applause greeted the solicitor general when he appeared at the seat of justice and then the judge held a conference in the presence of the jury with the chief of police and com manding officer of the state militia. +< No Parallel in History.
 That was a demonstration that probably has no parallel in the history of trials. Finally, the court asked counsel to meet him in private con- ference and then upon the insstence of the court that the prisoner might be torn from the sanctuary of the court and lynched by a mob if he was present when the verdict was returned, counsel consented to his being absent The jury was left to return it's verdict to the prosecuting officer and the mob. They knew what that meant.''
 Justice Pitney inquired if the state supreme court had not passed upon all these facts, whereupon Justice Holmes