Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-04-19
Opposes Legal Lynch Law.

Opposes Legal Lynch Law.
"Of course. We are speaking only of
the case made by the petition. and
whether II ought to be heard. Upon
allegations of this gravity in our opin-
ion 1t ought to be heard. whatever the
decision OF the state court may have
been. and II did not need to set forth
contradictory evidence or matter OF
tons for new trial and to set aside
the verdict were overruled by the state
court: There Is no reason to fear an
impairment of the authority of the
think 1t impracttcable in any part of
this country to have trails free from
outside control. But to maintain this
immunity 1t may be necessary that the
supremacy OF the law and Of the fed
eral constitution should be indicated
in case like this.
1T may be on a hearing different
complexion would be given to the
judges alleged request and expression
of fear. But supposing the alleged
facts to be true. we are Of the opinion
II they were before the Supreme Court
1T sanctioned a situation upon which
the courts of the United States should
act, and II for any reason they were
not before the Supreme Court 1t is our
duty to act upon them now and to de-
clare lynch law as little valid when
practiced by a regularly drawn jury
as when administered by one elected
by mob intent on death"
Legal Fight Becomes Famous.
Leo M. Franks legal fight for life has
taken a place among the celebrated
murder cases Of recent years. Seven
times since his conviction in August,
1913. the lower and supreme courts
Of the state Of Georgia refused to grant
Frank a new trial or to set aside the
verdict; three times the sentence of
death was passed upon him and twice
appeals were made to the United States
Supreme Court. the first being unsuc-
cessful and the second resulting in the
decision today.
The murder of fourteen-year-old
Mary Phagan.. a factory employe. of At
be crime of only local Importance,
eventually developed into a case of ma
ton wide interest. This was due in
large part to the efforts of Frank and
his friends to obtain for him a new
trial or annulment of the verdict. Add
ed interest in Atlanta was given the
case because Of its having been brought
into a municipal political controversy.
police and detective departments and
wrangles among factions in the city
administration.
Agitation Grows Countrywide.
Soon after the trial ended tho case
came in for agitation which spread all
over the country.
Mary Phagan was murdered April 26,
1913. on a southern holiday in observ-
| ance Of Confederate memorial day
Shortly after noon of that day she was
lanta, where she had been employed
and where she went to obtain wages
due her. Her body was found next
morning in the basement of the fac
tory, with cord tied about the neck
Leo NJ. Frank. young Jew, a col
| lege graduate and married, whose home
had been in Brooklyn. N. Y. was SUI
perintendent Of the pencil factory.
Three days after the murder. Frank
was arrested on suspicion. and May s
Frank and negro Waterman at the
factory. Newt Lee, were held by the
| coroner for the grand jury's action. Lee
| subsequently, was released. Sixteen
| sweeper at the factory, made a con-
fession to the police in which he ac-
| cused Frank of having killed the Pha-
gan girl. and declared he had helped to
| dispose of the body. conley. who was
| at Franks trial. was convicted as an
accessory after the murder in Febru-
airy, 1914, and sentenced to one years
Imprisonment. He began his term last
July.
First Trial July %, 1918.
Frank was placed on trial in superior
court, July %. 1913. Judge L. S. Roam
presiding. Judge Roam died March %,
1915, In New York. A verdict of guilty
| was returned August IS. Frank being
sentenced to death. In his statement
to the jury at the close of his trial
p mi hA ho6 nj
| in his office in the factory. few min
| utes before the time the state contend
ed she was murdered; that he paid the
girl her wages and that she left his Of
| flee. The theory of the defense has
! been that Conley, who was about the
building when the girl entered, and
| who had been drinking, attacked and
| killed the girl after she left Franks
office.
In October, 1918. Franks attorneys
filed motion for a new trial, alleging
103 errors in admission of testimony
and conduct of the trial. and also
charging that demonstrations by the
crowd within and outside the court
room during the trial had interfered
with a fair verdict Judge Roam denied
the motion, and the Georgia supreme
court affirmed his action February IT.,
1914. motion for rehearing of the
appeal was denied by the state supreme
court two weeks later.
Extraordinary Motion Denied.
An extraordinary motion for a new
trial and a motion to set aside the YER
dict were filed simultaneously In SUI
perior court April 16, 1914. Among the
grounds alleged IN the motion for
new trial was that of newly discovered
evidence The motion to set aside the
verdict was based on the ground that
Franks constitutional rights had been