Semi-weekly herald., 1915-03-01

rallied to his aid, morally and fnan-
cially, it is reported.
The court room was crowded to-
day to hear the legal battle. Unique
legal points involved caused much
professional interest. There was a
stir of interest among the spectators
as Franks case was called.
Alleged denial of constitutional
rights of Frank on two grounds were
the principal plea made by his coun-
sci. One was Franks absence from
the court room when the jury's YER
dict was returned The other was the
alleged ''mob spirit" during the trial
which, Frank contends, intimidated or
at least swayed the jury.
The Georgia attorneys combatted
Franks plea with the explanation that
Franks lawyers waived his presence
in court of fear of mob violence in
case the jury brought in an acquittal
or disagreed They also contended
that Franks move to set aside the
verdict because of his absence from
court was made too late by his coun-
sci.
Technically, the proceedings today
were reviewed by the supreme court
of dismissal by U, S. District Judge
Newman of Georgia of Franks appli-
cation for writ of habeas corpus,
based largely upon his absence from
court. Justice Lamar, in charge of
the Georgia circuit, granted the writ
OF review last December after the
court had previously refused to review
the original trial proceedings.
The supreme court has never ruled
, whether on murder trial in a state
court the "due process" clause of the
constitution guaranteed the defendant
, the right to be present when the YER
, : dict is rendered. Neither has it ruled
whether Franks failure to ask a new
, trial because Of his absence from
court, after the state courts rules
permit filing of such motion, is Il
denial of a defendants constitutional
, rights.
r These were the two principal unique
: legal questions presented in the argu-
| ments today.
: Franks attorneys contend that
Frank, personally or by counsel, could
) not waive his constitutional right TO
5 be present in court, nor be rectified
afterward by them.
E Regarding the "mob spirit" preva-
lent at the trial, Franks attorneys
2 contended, and presented numerous
afiidavits in substantiation, that the
/ jury was dominated by the mob tt
: was stated that the mobs conduct
''intimidated their judicial functions
5 in violation of the due process
! clause of the constitution guarantee
} ing all persons due process Of law.
In detail, it was stated the court
room crowd was openly hostile and
, could not be restrained from applause
and other demonstrations of points Of
, evidence or argument against Frank
If the supreme court grants the
writ of habeas corpus, Frank will be
freed technically but will probably be
Immediately rearrested and forced to
new trial. Denial Of the writ will
: spell death on the gallows for Frank,
] after being resentenccd by the Geor-
. gia trial court.
The murder Of the Phagan girl was
brutal. Her face was bruised so that
Identification was difficult. A cord
$ was tied tightly around her neck and
, her clothing torn to shreds. Criminal
assault was the object of her assail-
ant. -
Jim" Conley, the negro, declared
Frank murdered the girl on the top
! floor of the factory, cleared for the
! holiday, and forced him to help take
, the body to the basement. Conley
II charged that Frank was a moral per-
vert. Conley received a sentence of
one year, which has almost expired,
as an accessory.