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The Atlanta Georgian,

Sunday, 7th September 1913,

PAGE 5, COLUMN 1.

Prisoner and His Counsel Are Equally Confident They Will be Able to Get a New Trial on Ground of Outside Influences.

Cheers for the Solicitor After Recesses and Applause in Court Will Be Principal Points Urged By Lawyers for Convicted Man.

Desperate efforts to save Leo Frank from the gallows, to which he was consigned by sentenced of Judge Roan, are taking definite shape.

The trump card of his lawyers will be affidavits or showings of some sort to the effect that certain members of the jury which convicted Frank were deeply biased against him by more than one incident.

Meanwhile, Solicitor Dorsey is satisfied that the case be made against Frank will stand.

Argument for a new trial will be made before Judge Roan October 4, just six days before the date set for Frank's execution.

Then Frank's lawyers, headed by Luther Rosser and Reuben Arnold, will exhaust every resource at their command to obtain a new trial or to stave off the death sentence.

Apparently Leo Frank has an impregnable confidence in his advocates.

Occasional bulletins from the Tower, where he is held, declare that he follows the usual routine of his rather methodical life as closely since his sentence as before.

His attention to matters of health is scrupulous, including daily exercises and cold baths and a careful selection of food.

He directs the affairs of his factory by daily consultation with his assistants and associates.

He receives his friends with a calmness that would make him out indifferent to the fate that overshadows him.

Business Associates Visitors.

Almost every day Sig Montag and Herbert Schiff, his associates in the business of the National Pencil Factory, are his visitors, besides other friends.

His wife and his father-in-law come also, bearing his meals, and hardly a minute of the day is he alone.

But never a time during the day is there any appearance of perturbation on the part of the prisoner.

Neither have his lawyers exhibited any signs of dismay.

It is generally believed that they are condiment they can prove the existence of undue prejudice against their client, and an element of unfairness in his trial.

This they will attempt to prove by a chain of incidents, chief among which will be cheering which attended the appearance of Solicitor Dorsey outside the courtroom on more than one occasion, and the applauds which burst out even in the courtroom when the trial was at its most intense point.

It may be that the fight of the defense will be made along other lines as well, but none of them has been revealed, nothing except the charge of undue influence on the jurymen.

With the interest that has grown about the figure of Frank, the negro Jim Conley almost has been forgotten.

However, he was recalled last week when it was announced an effort would be made to obtain his indictment by the Grand Jury on the charge of being an accessory after the fact in the murder of Mary Phagan.

In the light of Frank's conviction and the negro's own statement on the witness stand, it is believed this will be effected without delay.

Await Day of Argument.

Altogether, nor the first time since the murder of Mary Phagan, the case has assumed something of an uneventful tone.

There is still the enthralling interest with which all Atlantans have invested the case, and the lawyers involved are laying their plans without rest.

But the interest must wait and the speculation must be held up until the day for the arguments before Judge Roan.

It appeared at one time last week as if a lively interest in the case would break out like fire, when Clara Bell Griffin, an employee of the National Pencil Factory, as was Mary Phagan, was mysteriously missing for the space of a day.

Then it was that speculation was rife, and all sorts of possibilities were suggested.

But the girl was found at Grady Hospital, and the suggestion of another Mary Phagan mystery, and a likely effect of the Frank case, was driven away.

PAGE 5, COLUMN 7

Atlantan Is Slated For New Judgeship Governor Intimates He May Name City Man, Saying He Wants To Please Bar.

That an Atlanta attorney will receive the appointment to the new Superior Court judgeship created by the last Legislature, was indicated Saturday night by Governor Slaton, who declared he wanted to select a man pleasing to the members of the Atlanta bar.

The appointment will be made early next week, following a hearing Monday of representatives of the Atlanta bar.

I am endeavoring to select a man for the new judgeship who will harmonize the various interests of the Atlanta bar, declared the Governor, for there is no better bar in the United States, in my opinion, I have granted a hearing to some of these gentlemen Monday, and expect to reach a decision in the matter early next week.

Among those prominently mentioned for the place are Colonel Edgar E. Pomeroy, of the Fifth Regiment, and Judge L. S. Roan, of the Stone Mountain Circuit, Superior Court.

The new appointee will be forced to run to the elections next year.

Sunday, 7th September 1913: Dorsey Sure He Can Break Frank Claim Of Jury Bias, The Atlanta Georgian
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