Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-04-19
LEO FRANK LOSES
LAST FIGHT FOR LIFE


Continued from Pare One
both courts deciaed that all the allega-
| tions we're unfounded. save I'm few
| minor particulars not now material.
Frank Included in his application for
habeas corpus the evidence on his side
of the question, but omitted to include
that which was introduced by the State
against him, and by which the Georgia
courts were convinced that the allega-
tions of disorder and mob domination
were untrue.
SAYS FRANK HAD FAIR TRIAL.
Franks position shows that having
been formally indicted for murder he
was placed on trial before a court of
competent Jurisdiction with n Jury law
fully constitutedi he had a public trial,
deliberately conducted with the benefit of
counsel for his defense: he was found
guilty and sentenced pursuant TO the laws
of the state: twice he has moved the
trial court to grant a new trial and once
to set aside the verdict as a nulity; three
times he has been heard upon appeal be-
fore the court OF last resort of Georgia,
and i'm every instance the adverse action
of the trial court has been affirmed; his
allegations OF hostile public sentiment and
disorder in and about the courtroom i'm
properly influencing the trial court and
the jury against him, has been rejected
because found untrue In point Of fact
upon evidence presumably iustifying that
finding, and which he has not produced
in the present proceedings; his conteu-
tion that his lawful rights are inrringed
because he was not permitted TO be pres
cnt when the jury rendered It's verdict
has been set aside because it was waived
by his failure to raise the objection
in due season when fully cognizant OF
the fact"
DISSENTING OPINION.
Justice Holmes read the dissenting
opinion. saying IN part:
MIR. Justice Hughes and arc of npin-
ion that the Judgment should be reversed
The trial was carried on In Il court packed
with spectators and surrounded by a
crowd strongly hostile to the petitioner,
This hostility was sufficient to lead the
Judge to confer in the presence of the
jury with the chief of Police of Atlanta
and the colonel Of the Fifth Georgia
Regiment.
THE evidence seemingly having been
closed the public press, apprehcnding
danger, united in n request to the court
that the proceedings should not con-
tinuc that evening. Thcreupon the court
adjourned until Monday. When the So |
ctor General entered the court he was
greeted with applause and the judge OK
pressed the opinion that there would he |
probable danger of violence if there |
should he an aCquttal or disagreement /!
and that it would no safer for not only |
he petitioner. but his counsel, to be alb .
sent from the court when the verdict was
brought in. vt the judges request. they {.
Igrced that the petitioner and they should |
70 absent and they kept their word
THE verdict being guilty." con-
inued the dissenting opinion. there was
applause"
with these specifications of fact"
aid Justice Holmes, the petitioner al
EGGS that the trial was dominated by
hostile mob and was nothing but an
mpty form.
1--WE lay on one side the question
whether the petitioner could or did waive
lis right TO he present at the polling of
he jury.
Whatever disagreement there may be
$ to the scope of the phrase. due proc
IS Of law there can be no doubt that
embraces the fundamental conception
+ fair trial with opportunity to bc
card. Mob law does no become due
recess of law by securing he assent of
terrorized jury"