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The Atlanta Constitution,

Friday, 31st October 1913,

PAGE 1, COLUMN 4.

Both Sides Are

Confident in

Frank New Trial

Hearing.

The Documents

Are Ex-

amined.

Whether or not Leo M. Frank will be granted a new trial by

Judge L. S. Roan, his trial justice, will be known this morning at 9

o'clock, when Hugh M. Dorsey, solicitor general, and counsel for

the defense will be notified of the decision.

No intimation has been given of the judge's attitude. There

was an air of expectation throughout Thursday in the camps of

both the defense and prosecution. Each anticipates victory.

During the morning, representatives of both sides gathered with

Judge Roan to consider a number of documents and attach

signatures to them preparatory to the deliverance of the decision.

May Fight Change of Venue.

There is the probability of a strong fight being waged by the

defense and prosecution over the prophesied effort of the defense

to obtain a change of venue. Neither side will talk on the

question, but attaches of the solicitor's office say that Dorsey

would not allow the state to be put to such heavy expense

without first putting up a vigorous battle.

It is not denied by the defense that strong effort will be

made to hold the trial elsewhere because of alleged prejudice.

This will likely be their first plea if Judge Roan grants their motion

this morning. If change of venue is allowed, the trial judge,

solicitor and counsel for the prisoner will select jointly the place.

The supreme court has decided in numerous cases that an

effective manner in which to test the grounds for change of venue

is to endeavor first to hold the second trial at the scene of the

first. If a jury can be drawn, the district is fit for the proceedings. If

not, a change of venue is warranted.

Would Go to Supreme Court.

If Frank is not granted a second trial today, his case will be

carried at once to the supreme court. This will require less than a

month's delay, as it is characteristic of this higher tribunal to

expedite matters"especially criminal cases. Criminal affairs have

the right of way over civil cases, and the Frank case, in event it is

carried to the supreme court, will probably be placed first on the

docket.

Following the supreme court, the final recourse of the

defense is the prison commission and governor, the latter of

whom has power to commute, pardon, or turn down a plea which

is brought to him through the prison commission, which first

decides upon the eligibility of the plea.

It is a popular presumption that the final recourse in the

Frank case could be the United States supreme court. According

to well-posted Atlanta attorneys, this is erroneous, as only cases

in which federal points are involved are permitted before this

court. No federal points, it is started, are involved in the Frank

case.

If a new trial is granted it will hardly be before Christmas

that the jail docket will be cleared sufficiently for the prosecution

to go on with the case. About January 1 is the time predicted for

the arraignment in case it is granted.

PAGE 1, COLUMN 6

SEEK

INDICTMENT

OF MRS.

CRAWFORD

Attorney for the

Contending

Heirs Will Bring Case

Be-

fore the Grand Jury,

Which

Meets Monday.

An effort on the part of the contending heirs, who are now

engaged in civil suit against Mrs. Mary Belle Crawford, widow of

the late Uncle Josh Crawford, wealthy farmer, will be made

during the next days, through their attorney, Colonel James, to

have the Fulton county grand jury indict the woman for the

murder of her aged spouse.

Colonel James, when seen Thursday, confirmed the rumor

that he would start active work looking towards Mrs. Crawford's

early indictment.

We will try, so soon as the new grand jury is sworn in next

Monday, to bring the matter of an indictment against Mrs.

Crawford to a focus. We have not yet succeeded in having a

solicitor general pro temp, named in the case. Solicitor Dorsey is

disqualified on account of the fact that members of his law firm

are engaged in the defense of the civil suits now pending.

Recently Judge Ellis named Solicitor General Reid, of the Stone

Mountain circuit, to act as our solicitor general pro tem., but

owing to the fact that Solicitor General Reid has been named as a

superior court judge, he also is disqualified.

Still Looking for Lumm.

We have been unable to locate Fred Lumm, the barber,

who, we believe, can throw much light on the mystery

surrounding the death of Joshua Crawford, but we are still

searching for him. He is a very material witness in this case and,

although we believe we can indict Mrs. Crawford without his

testimony, yet I am frank to say that I hope we can apprehend

him in the near future.

Mrs. Mary Belle Crawford, who was arrested on a warrant

sworn out in Justice of the Peace Girardeau's court, about four

months ago, on a charge of having killed her aged and wealthy

spouse by the administration of poison, is still in Atlanta. When

arrested she gave $6, 600 bail, spending only one night in the

Tower.

Say Charges Are Flimsy.

Her attorneys declare that the charges against her on

account of her innocence and also the flimsy nature of the

allegations, are not worth an indictment by any grand jury.

Mrs. Crawford is represented in her civil suits by Attorneys

Rosser, Arnold and Burton Smith. Colonel Brewster, of the law

firm of Dorsey, Brewster, Howell & Heyman, is also connected

with Mrs. Crawford's defense.

The litigation over the Crawford will, which has now been in

the courts for several years, involves the distribution of an estate

estimated at $250,000. There have been settlements made and

sums paid out by the will executors, involving the civil angle of

the case in tangle that it is said will take years to straighten out.

PAGE 5, COLUMN 6

HEARING

POSTPONED

ON DODD

WILL CASE

Believed by Monday

Attorney

Rosser Will Be Able to

Handle Case.

Contrary to expectations the Dodd will case hearing, which

was set for the first thing before Judge Ellis on Thursday, was

again checked for the present week. IT has not been placed on

the calendar for next Monday, when it is believed Attorney Luther

Rosser, chief counsel for the defense, will be able to appear. He

has been engaged in the Frank new trial bearing before Judge

Roan, precluding the possibility of his taking up the Dodd case

during this week.

On account of the sensational allegations made by the

contending heirs, it is expected that the fight on the last

testament of Mrs. Philip Dodd, who left an estate valued at about

$100,000 and cut off all of her kinspeople, will be hotly contested.

One of the allegations of the plaintiffs is the charge that Mrs.

Dodd cut off all of her kinspeople in the will on account of the fact

that they refused to kill her first husband.

The case, which has been appealed from the ordinary's

court, will be defended by the executor of the estate.

PAGE 10, COLUMN 2

PROFESSIONAL

CARDS

P. H. Brewster, Albert Howell, Jr.

Hugh M. Dorsey, Arthur Heyman,

Dorsey, Brewster, Howell &

Herman,

Attorneys-at-Law.

Offices: 202, 204, 205, 206, 207,

208, 210

Kiser Building, Atlanta, Ga.

Long-Distance telephone 3022,

3024,

and 3025, Atlanta, Ga.

Friday, 31st October 1913 Roan Announces Decision Today
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