The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1915-02-27
AN ATTACK MADE
ON FIRST TRIAL
New York Attorney Pleads for
the Man Sentenced
to Hang.
GRICE AND DORSEY ARGUE
With Such a Stack Of Evidence
1t Is Expected That 1t Will
Take Court Some Time to
Render Decision.

WASHINGTON. Feb. 26.-Argu-
ments were continued today before
the supreme court on the right of
l.. M. Frank, convicted in Atlanta of
the murder of Mary Pha gan, to be re
leased from custody on a habeas
corpus writ.
Louis Marshall of New York con-
tinued his argument for Frank, be-
gan yesterday, while Attorney Gen
eral Grice and Solicitor General
Dorsey of Georgia were ready to
present reasons why the release
should rot be ordered.
The contentious of the attorneys
revOlved around whether the trial
court had not lost jurisdiction of the
prisoner either by fear of IN , vio-
lence,' manifested throughout the
trial, or by Franks absence from the
courtroom when the jury returned
it's verdict. Another point concerning
habeas corpus was the proper remedy
in view of all that had taken place
in the case.
Mr.. Marshall quoted from the
states brief that sit appears that the
agreement of counsel that Frank not
be present at the reception of the
verdict was made in the interest of
Frank and for his protection"
For his protection against what?"
asked Mr. Marshall. Against the
law? Against the constitution?
Against his right to hearing on his
trial? No. For his protection against
the consequences of lawlessness, of
anarchy, of mob domination of the
control of the legal proceedings un-
der which he was entitled TO be
tried
Counsel come here and tell us il
was for the protection of the prisoner
that the court did this and yet claim
he was accorded all the ordinary
calm processes of the law Our con-
tention is that in consequence of the
circumstances which then existed,
the character of which was recognized
by the presiding judge law ceased
to reign, terror ruled in it's stead and
fear sat trembling in the seat of jus
tice
"The court recognized the bank
ruptcy of judicial procedure; recog-
nized the protection of the law had
broken down and nothing remained
except a domination, a coercive
power. There was no longer a court,
no longer a trial, and no longer did
the court have any more jurisdiction
for the prisoner than if Judge Roam
had been driven from the bench by
mob. The court had been super
seeded by a judicial lynchng"
Chief Justice White asked Mr..
Marshall if he thought a man who
had been in the penitentiary for ten
years, and whose conviction had been
affirmed by state supreme court,
could come before the supreme court
of the United States and by alleging
things outside the record of his trial,
such as prejudice by the trial Judge.
secure a writ Of habeas corpus on a
question o. jurisdiction. The attorney
answered in the affirmative.
Then this court would become
court oI general jail delivery replied
the chief justice.
Mr.. Marshall replied it made no
difference whether it was made ten
years or one day after conviction,
but the question was whether consti-
tutional questions of Jurisdiction
could be kept from the supreme court
by state court resting its afflrmance
on grounds of procedure and not con.
acknowledgements.
But we passed on that when we
denied your application for writ of
error" responded the chief justice.
I'VE held state court could not deny
our right to review by. the way in
which it worded its ruling"
Attorney General Grice argued that
the questions raised in the applica.
tion for habeas corpus as having not
been passed upon had been consid-
cred both by the trial court and the
Georgia supreme court He declared