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Show WEW EFFORT TO SAVE THE LIFEOF FBH Attorneys File Petition for Release on a Writ of Habeas Corpus. ATLANTA. Ga., De?. 17. A new effort ef-fort to save the life of Leo M. Frank, sentenced to be handed January '22 for the munler of Mary riiagan, was begun be-gun in the federal district court here today. to-day. Attorneys for Frank iiied a petition peti-tion for his release on a liabca rorpus writ, on the gnjuinl that he wns convicted con-victed without dut jTOcesa of Saw htM la be.'ng deta.ir.ed iheually. If the petition Is denied, the atiornvs said, arpcal win be taken direct to the United Stateu supreme su-preme couru The petition aiieeeB that the prisoner's on--jtttuLior.j.l rights were vioIateJ by tii return ot a verdict during his absence from the courtroom; that the jury w.ig irriuenced by popular deniOi,?iratiori. ;md triat the trlf.l court therefore lost jurisdiction juris-diction In the caee before a conviction was reached. Federal Jiif'qe .Wwrnan announced ho would hear argiment on the petition Saturday. A previous effort to bring the cao te-fore te-fore the federal supreme court fulled when both the eta:e courts and th supreme su-preme court refused to grant a writ of error for a review. Thut acnon also w.-is based on ahesrations that Frank's con-etitutior,al con-etitutior,al riKhts h.ad been violated, but It did not involve a habeas corpus proceeding. pro-ceeding. Today's petition se:a forth th.it Frank knew nothing of the agreement of his attorneys to waive his presence when a verdict was returned ai;d that his attorneys at-torneys could not lezaiiy act for him where such a rici.t was involved. "Escitempnt v.-i thin and without the courtroom on August 22. 1913." the petition peti-tion adds, "was so apparent as to cause apr-rehension In the mind of the court whether the trial could be safety continued con-tinued that day, and beiore deciding upon an adjournment the presiding jude. while upon "the bench and In the presence of the jurj-'p conferred with the chief of police po-lice of Atlanta and the colonel of the Fifth Georgia regiment." "On thB last day of the trial." the petition peti-tion continues, "the trial judpe conferred with two of Frank's lawyers and referred to the probable danetr of violence that Frank and his attorneys would incur if they were present when a verdict w-as rendered, should it be for acquittal or a disagreement. The judge then requested Frank's counFel to asree that Frank need not be present." |