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The Atlanta Journal,

Sunday, 14th December 1913,

PAGE 1, COLUMN 3.

Extraordinary Appeal, Writs of Habeas Corpus, Attempt to Reach Federal Tribunals,

All Will Be Used

ARGUMENTS WILL BEGIN AT CAPITOL TOMORROW

Two Days Will Be Occupied and Decision Hardly Will Be Rendered Before Middle of January

The supreme court of Georgia will hear arguments for and against a new trial for Leo M. Frank next Monday and probably through Tuesday.

The court of last resort in Georgia sits only four hours a day when arguments are being heard, and the fixed rule is to allow two hours to the side in each case.

However the volume of the record in the case of Frank is so great that the attorneys will ask for additional time and it is considered likely by capitol attaches that the court will double the usual time limit, which will mean that arguments will be concluded on Tuesday.

Judge L. S. Roan, at the trial and at the hearing for a new trial, allowed the attorneys for both sides to argue for several days, but it is not expected the supreme court will allow more than eight hours at the most for the competition of the case.

DECISION NEXT MONTH.

The six justices of the supreme court will then take the case under consideration and hand down a decision, probably during January.

While often the decision is not handed down until the second term after the argument, it is generally expected that in this case the ruling of the supreme court will be announced some time after the second Monday in January.

While the supreme court is often spoken of as the court of last resort, and there is no regular appeal from it, the court s decision won t end the Frank case.

If the supreme court holds that Judge L. S. Roan erred in denying the motion for a new trial, Frank, of course, will be given another trial by a jury in the superior court.

If the lower court is sustained and its judgement affirmed it will not mean that the fight for Frank s life is finished, and that his attorneys and friends must sit quietly and let him pay the penalty of the law.

Instead there will probably be an extraordinary motion for a new trial and in all probability the case will reach the supreme court a second time.

Even after that habeas corpus writs, which might bring the case before the federal courts and possibly to the supreme court of the United States are possible.

In other words, it may be years before the fight for Frank s life is ended.

FELDER IN THIS CASE.

Attorney General Thomas S. Felder, Solicitor General Hugh M. Dorsey and his assistant, E. A. Stephens, appear as the attorneys of the record or the state in the Frank case.

It is expected that the attorney general will speak only a short time and the greater part of the argument before the supreme court will be left to Mr. Dorsey.

Luther Z. Rosser, Reuben R. Arnold, Herbert J. Haas and Leonard Haas appear as the attorneys for the defense on the brief filed in the supreme court, but only two of them, Rosser and Arnold, will speak.

The six justices of the supreme court who will pass judgement on the Frank case are Chief Justice William D. Fish and Justices Beverly D. Evans, J. H. Lumpkin, Marcus W. Beck, S. C. Atkinson and H. Warner Hill.

Sunday, 14th December 1913: High Court Ruling Won't End Fight For Life Of Leo M. Frank, The Atlanta Journal
atlanta-journal-december-14-1913-high-court-ruling-won-t-end-fight-for-life-of-leo-m-frank

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