Wednesday, 9th December 1914: Habeas Corpus Writ For Leo Frank Today, The Atlanta Constitution

Prisoner Will Probably Be Re-sentenced to Death Either Today or Tomorrow. Today is the date set for the presentation of the Writ of Habeas Corpus that will demand the presence of Leo Frank before Judge Hill for resentence to death. The exact time of the doomed man's resentencing, however, will not be made public. It is probable that he will be brought into Court either late this afternoon or early Thursday morning. He will be re-sentenced by Judge Hill, who heard two motions for a new trial submitted by Frank's Attorneys, and who overruled both.

Announcements were made in the Headquarters for Frank's Defense, Tuesday, that Counsel was contemplating the advisability of again bringing the Case into the Supreme Court of Georgia and the Federal Courts on grounds that Frank was not given a fair and impartial trial on account of the attitude of the crowds that thronged the Courthouse. In the event they decide upon this action, Frank's Attorneys will plead with the State Supreme Court for a Writ of Error on which they might carry their argument to the United States Supreme Court. If the State Court refuses, the argument will be submitted to the Washington Court, in exactly the same manner the last motion was carried there.

This action would be based largely upon the opinions of Judge L. S. Roan, who, upon refusing to grant a new trial, declared he did not know whether Frank was guilty or not, and of Justice Holmes, who stated his opinion that he did not believe Frank had had a fair trial. Attorney Harry Alexander, representative of Counsel, is still in Washington, awaiting word from his Associates in Atlanta.