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The Atlanta Constitution,

Monday, 21st December 1914,

PAGE 1, COLUMN 4.

Prisoner's Hope of Getting Hearing Before U. S. Supreme Court Depends Upon Federal Judge's Action

Judge W. T. Newman, of the Federal Court, will this morning at 10 o'clock, in the Federal Building, hand down his opinion on an Appeal to the United States Supreme Court from his decision on Saturday, when he refused to grant a Petition for a Writ of Habeas Corpus for the release of Leo M. Frank, sentenced to die January 22 for the murder of Mary Phagan, April, 1913.

Upon this decision of Judge Newman, depends Frank's last hope of getting his case before the United States Supreme Court, and also his last hope of escaping the death penalty, except through executive clemency on the part of the Governor.

Judge Newman on Saturday refused to grant the Writ of Habeas Corpus, but at that time he withheld his opinion which will or will not allow Frank's Attorneys to Appeal their petition for the Habeas Corpus to the land's Highest Court. Judge Newman, however, on Saturday expressed himself as "inclined to grant the Appeal." Frank's Attorneys on Sunday were much encouraged over their prospects of getting the Case, before the Supreme Court.

The granting of the Appeal will automatically suspend the sentence of the execution. It is possible, in case the Appeal is granted, for two years to lapse before the Supreme Court considers the Case. However, it is expected that the Court will give a decision in the Case within sixty days, should the Hearing come before it.

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