Saturday, 28th November 1914: Frank’s Plea Goes To The Entire U. S. Bench, The Atlanta Journal

Supreme Court of U.S. Will Hear Motion for Writ on Monday. Leo M. Frank's Petition for a Writ of Error, denied by Justices Lamar and Holmes, of the United States Supreme Court, will be considered by the Full Court on Monday. Information, to this effect, was received Saturday by Members of Frank's Counsel in Atlanta. It is not known here just how the Petition is to be brought to the attention of the Court, but it is presumed that either Justice Lamar or Justice Holmes has consented to consult his colleagues. The Petition cannot, it is said, be formally brought to the attention of the Court as a whole. The decision of the Court, after an informal conference on Monday, will finally determine whether Frank is to be allowed to have the Georgia Supreme Court's decision denying his motion to set aside the verdict reviewed by the United States Supreme Court. Should the United States Supreme Court's decision be adverse, Frank will, it is said, appeal to the State prison commission and Governor Slaton for a commutation of his sentence from hanging to life imprisonment.

Governor Slaton, who is in New York, was shown Justice Holmes' statement, in which he denied Frank's Petition for a Writ of Error. The New York Times called Governor Slaton's attention to Justice Holmes' declaration that in view of the excitement and intense feeling which prevailed during Frank's trial, he was of the opinion that Frank had not been accorded due process of law. Governor Slaton is quoted as follows by the Times: "I do not think it would be proper for me to express an opinion on the matter, for the reason that if I should express my views now it would be giving them in advance of a full hearing. This matter may come before me for a full hearing, with all parties represented, and the opinion of Justice Holmes probably would be among the questions presented for my consideration."

Eastern Papers Demand Review of Case by U.S. Supreme Court. WASHINGTON, D.C., Nov. 28. Eastern newspapers are commenting daily on the Frank Case and without exception the trend of comment is an editorial demand that he be given a new trial or at least a review by the highest Court. There appears to be an editorial outcry over the apparent prospect that Frank is to be denied a fair trial simply because of a technicality of pleadings. That a man should be executed in denial of his constitutional rights, because of an error of pleading had aroused the press to sharp comment in which a comparison is drawn between modern judicial process and the ancient laws of England in which the harsh rules of pleading often operated to take the life of a man. The Washington Times and the Philadelphia Press are leading in the comment. Harry Alexander, attorney for Frank, will apply to the full bench of the Supreme Court Monday for a Writ of Error to the Supreme Court of Georgia to bring up the record in the Frank case for review. The motion will probably take the form of a motion for leave to file a Petition for Writ of Error. This motion may not be disposed of by the highest Court until a week from Monday.