Wednesday, 25th November 1914: Frank Remittur Comes Down Today, The Atlanta Constitution

Date for Resentencing the Condemned Man May Soon Be Set.

Leo M. Frank will probably hear the date set for his execution between now and Saturday. The Supreme Court remittitur will be handed down to the Superior Court today, after which the convicted man will be brought before a Superior Judge and resentenced to hang. Habeas Corpus proceedings have already been prepared, and are ready for filing the moment the remittitur comes down to the Superior Court Clerk. When it is sent down, Solicitor Dorsey will be notified, and he will file the writ of Habeas Corpus demanding the presence of Frank before Judge Hill, Judge John T. Pendleton or Judge George L. Bell, either of whom is qualified. It lies within the power of the Judge to set a date for the resentencing. As in all past cases, however, it is predicted that the date will be fixed within twenty-four hours. The remittitur from the Supreme Court is the official notification to the Superior Court from the higher tribunal of its refusal to interfere with action of the Lower Court, and gives the Superior Court authority to proceed to carry out the original judgment in the case.

PEEPLES EN ROUTE HOME; NEXT STEP IS UNCERTAIN

Washington, November 24. Attorneys for Leo M. Frank, of Atlanta, Ga., convicted of the murder of Mary Phagan, said tonight they still were uncertain as to their next step in the fight to save the condemned man's life. Henry Peeples, one of the counsel, returned to Atlanta today leaving Henry Alexander to handle the case here. Mr. Alexander said yesterday he would apply to other justices of the Supreme Court for the writ of error refused by Justice Lamar, but declared today that the course might not be followed. He may make application for the writ to the entire court, Monday.