Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-07-18
DUPRE REHEAR|NG
APPEAL IS FILED

Attorney H. A Allen, leading
counsel for Frank 3. DuEre, on Sat
urday filed with the supreme court
a motion for modification of its
decision affirming DuPre's convic-
ton, and a motion for a rehearing.
His motion for modification raises
a unique point, which lawyers were
discussing with interest. He con-
tends that four judges, which arc a
m,Ljority of the court, found error
in the trial of DuPre. Three judges
found error on one ground, while
three found no error. Three judges
found error on another ground,
while three found no error. The dis
senting judges were not the same
in both dissents. Hence Attorney AL
lens point.
/ On the first ground which divided
the court, those for affirmance were
Justices Beck, Gilbert and Hill,
those for reversal were Justices At
kinson, Fish and Hines.
On the second ground which diVid
ed the court, those for affirmance
were Justices Gilbert. Hill and
Hines; those for reversal were JUS
tees Atkinson, Beck and Fish.
Thus four justices found error in
the trial, though not on the same
ground, these four being Justices
Atkinson, Beck, Fish and Hines.
Attorney Allen contends in his mo-
ton for modification of the courts
decision that error found by four
judges ought to have the effect of
versing the lower court and Civ
- DuPre ~ow trial.
The motion for modification prob
ably will be heard first by the
court, and the motion for rehearing
second, it was understood; inasmuch
as the motion for modification, If
upheld, would make a rehearing I'm.
necessary.
DuPre's father, F. A. DuPre, on
Saturday issued a statement saying
he believed he could save his boys
life if he had 50. 500, and that he has
spent all of his money. His state
ment follows:
"There is a move which I wish to
make in my fight for my boys life,
which I believe would result in his
life being saved. I can not make
this J. We, and do this thing which
wish to do, until l have ra 'sed
about $4,000. y
hr1 in this fight for my boys life,
and if some of those, who believe
that my boy ought not to hang, are
willing to help me, I will appreciate
very much any contributions that
they may make, for unless I have
this money within the next few
days, it will be too late.
"My address is number II Ogle-
+Lor,>o oyor11o Ca
r. A. DuPRE."
Habeas corpus proceedings will be
heard Monday by Judge John d.
Humphries, of the Fulton superior
court, to determine whether Betty
Andrews, confidante of Frank Du-
Pre-, will serve a twelve months SEN
tence at the state prison farm as
the result of an alleged violation of
her probation. Convicted on stat
utory charge after DuPre bad been
sentenced to hang for the murder
Of Detective Irby G. Walker in the
Kaiser jewelry store robbery last
December, the Andrews girl was
sentenced to serve one year, but her
sentence was suspended pending her
good behavior.
A day or two ago officials of Hall
county. where she has been living
with her parents, reported to Judge
HUMPHREYS that she had violated
her probation and had broken the
quarantine imposed on her by the
county health officer. Judge
HUMPHREYS immediately ordered her
arrest and she was brought to At
lanta on Saturday, being held in the
women's ward at the county jail.
Attorney Walter A. Sims, retained
as her counsel, Saturday afternoon
filed a petition for a writ of habeas
corpus and upon. signing it, Judge
HUMPHREYS set the hearing for Mon
day. If the writ is refused, the An
drews girl will be taken forthwith to
the state farm to begin her years
unntnnoo