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The Atlanta Constitution,

Friday, 19th September 1913.

PAGE 3, COLUMN 1

New Trial Petition Comes in

December Before Judge Hill, and Not Judge Roan.

The hearing of the petition asking for a new trial in the case of Leo M. Frank will be postponed from October 4 to the early part of December, according to authentic statements Thursday.

Judge Ben Hill, recently appointed to the fourth judgeship of Fulton county, will hear the arguments for the new trial, on an extended petition just completed by Attorney Luther Rosser, chief of counsel for the convicted man.

On account of the fact that Solicitor Hugh M. Dorsey has not as yet had an opportunity to look over the extended petition and prepare his arguments against it, the matter of arguing the petition was necessarily delayed.

The petition will be presented on October 4 to Judge L. S. Roan, who, its stated, will then postpone argument, declaring that the state is not yet ready to proceed. This will leave the arguments up to Judge Roan's successor, Judge Hill.

Solicitor Dorsey has had but little time to prepare his answer to the defense's petition, he stated Thursday, and for this reason will be forced to let the hearing go over until later.

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