Salt Lake Tribune | 1914-12-25 | Page 2 | Leo M. Frank's Fate Hangs in Balance

LEO M. FRANK'S FATE ' HANGS IN BALANCE Justice Lamar Takes Application for Appeal Under Consideration for a Day or Two WASHINGTON Dec 4 Just ce Lamar of the supreme court today poat poned until after Christmas act on which will determine the fate of Leo M Frank under death sentence for the murder of Mary Phagan the factory irl of Atlanta Ga Dur ng the day I ouis Marshall of New York made appl cation to the -jus t ce for an appeal from the deeis on of Judge Newman of the Geo gia fed eral cou t denying Frank s pet t on for release on a writ of habeas corpus The attorney argued for an hour that the tr al court wh ch found Frank guilty had lost lunsdict on over him by rea son of a mob atmosphere making a f a r and lust trial imposs ble and by the failure of the accused to be n court when the verdict was returned Some hours later Justice Lamar notif ed Mr Marshall that he would withhold any dec sion he might reach on the applica t on until Saturday at least and pos sibly unt 1 Monday Most of the points n the case were fresh in the -justice s mind as lust be fore Thanksgiving he was asked for a w it of error to rev ew the action of the Georg a supreme court n refus ng to set aside the verd ct of guilt The 1 st ce declined to grant the wr t hold ing that the state of Georgia had ex clusve power over procedure of ts state co rts The attenpt today was to setabl sh that the case could now be ons dere 1 on its mer ts