The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1915-04-19
Death on the GalIows is Fate OF
Young Factory Supt. Unless
Georgia Governor Grants
CIemency
DECREE OF HIGH
COURT is CLIMAX
Final Step in One Of the South's
Most Sensational Murder
Cases New Trial
is Denied
BY United Press.

O@@NSA AC'as
Washington, April 19.--In decis
ion handed down today. the supreme
court refused to set aside the convic-
tion Of Leo. NJ. Frank, OF Atlanta. for
numbering Mary Phagan.
Frank now faces death on the gal
lows unless the governor Of Georgia
extends clemency to him. The high
court denied the defendants applica-
tion for writ of habeas corpus on
which he sought a new trial.
In announcing the decision Of the
court. Justice .'itney said in conclu-
sion, Franks petition shows that
after having been formally indicted
for murder, he was placed upon trial
before court Of competent jurisdic-
tion With jury lawfully constituted;
that he had public trial deliberately
conducted with the benefit OF counsel
for the defense; that he was found
guilty and sentenced pursuam to the
laws Of the state"
Frank, young Jewish superintend-
ent OF the National Pencil factory at
Atlanta, Ca, convicted August %,
1913, brought the habeas corpus petit
tion which was decided by the su-
preme court today.
The high courts decree today was
the final step OF one Of the south's
most mysterious and sensational mur-
der trials. which has grirped public
interest for months Three times was
Frank sentei,ced to be hung. Atlanta
and the rdire state of Georgia have
been reused to fever heat OF excite
ment over the murder and Franks
subsequent legal fight for life.
The question before he supreme
court today was whether Frank should
be granted a hearing upon his writ OF
habeas corpus In the federal courts
because OF alleged denial OF his rights
under the constitution during his trial
at Atlanta in August, 1913. Frank was,
by the trial judges orders, excluded
from the court room when the jury
brought in It's verdict of guilty. Vic.
lent public feeling against Frnak was
the cause. The authorities feared a
demonstration, even if the verdict was
guilty They feared Frank would
be seized and lynched If the verdict was
in his favor Georgia militia were kept
ready for hurried call.
That exclusion of Frank from the
court room was unconstitutional was
alleged by his lawyers Ti.es contend
ed that, under the constitution, a de-
fendant has the right to be in the
coar. room continually during trial
and including rendition of the verdict.
This principal point advanced in
Franks behalf was most novel, hav-
ing never been decided by he supreme
court.
That Frank had thus been denied
due process OF law guaranteed I'M
der the constitution was directly be
fore the court, both because OF
Franks exclusion from the trial court
room and also on other grounds. The
second principal point raised was that
Frank had not received fair trial.
1t was alleged that public opinion
swayed the judge and jury, and that
mob spirit pervaded the court room,
dominated the proceedings. intimidat-
ed the jury and forced his conviction.
Alleged anti-Jewish racial prejudice
also figured largely.
Pending the long legal battle, Frank
has been confined. without bail, in the
Fulton county, Georgia, Jail.
Franks habeas corpus petition be-
fore the court today was technically
brought against Sheriff G. Wheeler
Mangum Of Fulton county, to compel
him to deliver Franks body" before
the federal district court Of Georgia
for hearing and determination Of his