1914 November 27 Atlanta Constitution 12 Pages Georgia

1914 November 27 Atlanta Constitution 12 Pages Georgia

Author: Atlanta Constitution

Year: 1914

PDF PAGE 5, COLUMN 4 HOLMES DENIES MOTION TO SET ASIDE VERDICT But He Thinks Frank Was Deprived of Process of Law. Washington, November 28—Announcement was made by counsel for Leo M. Frank, the Atlanta, Ga., Factory Superintendent, convicted of the murder of Mary Phagan, that Justice Holmes had refused to issue a Writ of Error for the Supreme Court to review the Case. At the same time, Justice Holmes rendered an informal opinion, according to one of Frank’s Attorneys, in which he stated he had very serious doubts if Frank had had a fair trial, because of the trial taking place in the presence of a hostile demonstration and seemingly dangerous crowd. Application will be made to the entire Court on Monday for the writ. The informal statement of Justice Holmes follows: “I understand that I am to assume that the allegations of fact in the motion to set aside are true. On those facts, I very seriously doubt if the petitioner has had due process of law—not on the ground of his absence when the verdict was rendered so much as because of the trial taking place in the presence of a hostile demonstration and seemingly dangerous crowd, thought by the presiding judge to be ready for violence u