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The Atlanta Georgian,

Friday, 26th September 1913,

PAGE 2, COLUMN 1.

Judge L. S. Roan, who pronounced sentence upon Leo M. Frank in Georgia's greatest murder trial, in an informal statement Friday made it plain that he considered it his duty to hear the arguments for a new trial to be made in behalf of the prisoner.

Judge Roan's attitude is known to be in line with that of the judges of the Superior Court, one of whom would otherwise have to hear the case.

It is considered likely therefore that nothing will be put in the way of Judge Roan hearing the argument and deciding whether the prisoner he sentenced should receive a new trial at his hands. The hearing opens October 4.

Judge Roan said he would like to see the Frank case disposed of before he retires from the Criminal Court bench. He gave one reason for his desire- he feels it to be his duty inasmuch as he presided at the trial and is familiar with every phase of the case.

There is little doubt that Judge Roan's attitude means that the fight for Frank's life will be made and the first chapter decided before him.

"I do not know whether the defense and the State will be ready for the hearing of the motion for a new trial on October 4," said Judge Roan, "but I would prefer that the case be disposed of before me, for the simple reason that I regard it as a duty since I presided at the trial. I believe the case could be finished up before the time comes for me to assume my new duties."

Solicitor Is Pleased.

Following Judge Roan's statement Solicitor Dorsey declared he would be glad for Judge Roan to hear the motion and dispose of the case; that he was waiting on the defense to submit its papers, and that he would do everything possible to have the matter to focus on schedule time, the statements of Judge Roan and Solicitor Dorsey are taken to mean that every effort will be made to have the motion heard on October 4 and acted on speedily.

Judge Hill, who will be succeeded on the Court of Appeals bench by Judge Roan, will finish up his work on October 11, but it will not be necessary for him to relinquish his duties at that time if Judge Roan is engaged in hearing Frank motion arguments.

Of course, regardless of the decision of the judge who will hear the motion for a new trial, the matter will be taken to the Supreme Court, which probably will not hand down a decision before next summer.

Defense Collects Evidence.

It was understood Friday that the attorneys for the defense had new evidence concerning alleged bias of three or four of the jurymen, who sat on the case, which will be used in the motion for a new trial.

Two depositions containing sworn statements of L. E. Black and Walter Thomas, citizens of Blakely, Ga., who are said to have talked with Atticus H. Henslee, one of the jurors, have been filed already by Attorneys Rosser and Arnold, representing the defense.

According to the defense, the two Blakely men refused to answer any questions in regard to what Mr. Henslee had said to them and an order was made requiring them to appear before W. W. Wright, a notary public of Early County.

In the statements sworn to, both men declare that Henslee never said anything which would show him to have been prejudiced. Henslee and Thomas, it is stated, discussed the case some time before the trial and Black overheard the conversation.

Page 3 Column 1

Judge Roan to Hear Frank Re-trial Argument

TRIAL JUDGE SAYS HE

FEELS IT HIS DUTY TO

PASS ON REHEARING

Judge L. S. Roan, who pronounced sentence upon Leo M. Frank in Georgia's greatest murder trial, in an informal statement Friday made it plain that he considered it his duty to hear the arguments for a new trial to be made in behalf of the prisoner.

Judge Roan's attitude is known to be in line with that of the judges of the Superior Court, one of whom would otherwise have to hear the case.

It is considered likely therefore that nothing will be put in the way of Judge Roan hearing the argument and deciding whether the prisoner he sentenced should receive a new trial at his hands. The hearing opens October 4.

Judge Roan said he would like to see the Frank case disposed of before he retires from the Criminal Court bench. He gave one reason for his desire- he feels it to be his duty inasmuch as he presided at the trial and is familiar with every phase of the case.

There is little doubt that Judge Roan's attitude means that the fight for Frank's life will be made and the first chapter decided before him.

"I do not know whether the defense and the State will be ready for the hearing of the motion for a new trial on October 4," said Judge Roan, "but I would prefer that the case be disposed of before me, for the simple reason that I regard it as a duty since I presided at the trial. I believe the case could be finished up before the time comes for me to assume my new duties."

Solicitor Is Pleased.

Following Judge Roan's statement Solicitor Dorsey declared he would be glad for Judge Roan to hear the motion and dispose of the case; that he was waiting on the defense to submit its papers, and that he would do everything possible to have the matter to focus on schedule time, the statements of Judge Roan and Solicitor Dorsey are taken to mean that every effort will be made to have the motion heard on October 4 and acted on speedily.

Judge Hill, who will be succeeded on the Court of Appeals bench by Judge Roan, will finish up his work on October 11, but it will not be necessary for him to relinquish his duties at that time if Judge Roan is engaged in hearing Frank motion arguments.

Of course, regardless of the decision of the judge who will hear the motion for a new trial, the matter will be taken to the Supreme Court, which probably will not hand down a decision before next summer.

Defense Collects Evidence.

It was understood Friday that the attorneys for the defense had new evidence concerning alleged bias of three or four of the jurymen, who sat on the case, which will be used in the motion for a new trial.

Two depositions containing sworn statements of L. E. Black and Walter Thomas, citizens of Blakely, Ga., who are said to have talked with Atticus H. Henslee, one of the jurors, have been filed already by Attorneys Rosser and Arnold, representing the defense.

Continued on Page 7, Column 1.

PAGE 4, COLUMN 7

TRIAL JUDGE SAYS HE

FEELS IT HIS DUTY TO

PASS ON REHEARING

Judge L. S. Roan, who pronounced sentence upon Leo M. Frank in Georgia's greatest murder trial, in an informal statement Friday made it plain that he considered it his duty to hear the arguments for a new trial to be made in behalf of the prisoner.

Judge Roan's attitude is known to be in line with that of the judges of the Superior Court, one of whom would otherwise have to hear the case.

It is considered likely therefore that nothing will be put in the way of Judge Roan hearing the argument and deciding whether the prisoner he sentenced should receive a new trial at his hands. The hearing opens October 4.

Judge Roan said he would like to see the Frank case disposed of before he retires from the Criminal Court bench. He gave one reason for his desire- he feels it to be his duty inasmuch as he presided at the trial and is familiar with every phase of the case.

There is little doubt that Judge Roan's attitude means that the fight for Frank's life will be made and the first chapter decided before him.

"I do not know whether the defense and the State will be ready for the hearing of the motion for a new trial on October 4," said Judge Roan, "but I would prefer that the case be disposed of before me, for the simple reason that I regard it as a duty since I presided at the trial. I believe the case could be finished up before the time comes for me to assume my new duties."

Solicitor Is Pleased.

Following Judge Roan's statement Solicitor Dorsey declared he would be glad for Judge Roan to hear the motion and dispose of the case; that he was waiting on the defense to submit its papers, and that he would do everything possible to have the matter to focus on schedule time, the statements of Judge Roan and Solicitor Dorsey are taken to mean that every effort will be made to have the motion heard on October 4 and acted on speedily.

Judge Hill, who will be succeeded on the Court of Appeals bench by Judge Roan, will finish up his work on October 11, but it will not be necessary for him to relinquish his duties at that time if Judge Roan is engaged in hearing Frank motion arguments.

Of course, regardless of the decision of the judge who will hear the motion for a new trial, the matter will be taken to the Supreme Court, which probably will not hand down a decision before next summer.

Defense Collects Evidence.

It was understood Friday that the attorneys for the defense had new evidence concerning alleged bias of three or four of the jurymen, who sat on the case, which will be used in the motion for a new trial.

Two depositions containing sworn statements of L. E. Black and Walter Thomas, citizens of Blakely, Ga., who are said to have talked with Atticus H. Henslee, one of the jurors, have been filed already by Attorneys Rosser and Arnold, representing the defense.

According to the defense, the two Blakely men refused to answer any questions in regard to what Mr. Henslee had said to them and an order was made requiring them to appear before W. W. Wright, a notary public of Early County.

In the statements sworn to, both men declare that Henslee never said anything which would show him to have been prejudiced. Henslee and Thomas, it is stated, discussed the case some time before the trial and Black overheard the conversation.

PAGE 4, COLUMN 7

INDICT ARNOLD

AND SMITH FOR

FIST FIGHT

Burton Smith, brother of United States Senator Hoke Smith, and Reuben Rose Arnold were indicted by the Fulton County Grand Jury Friday for assault and battery. A "no bill" was returned against J. C. Cox, charged with the same offense.

Assistant Solicitor E. A. Stephens fixed bonds at $200 each against Mr. Smith and Mr. Arnold.

The indictment followed testimony before the Grand Jury Friday morning by W. H. Byrd and C. W. Walton, who alleged they were beaten by the defendants in an affray in the corridors of the courtroom last May.

The trouble, which caused a stir in the city, resulted, it was alleged at the time, from a remark made by Walton, one of the plaintiffs, to Smith, who was conversing with a woman witness in the case. Before the affair ended, it is said, Mr. Smith floored several men. Arnold and Cox interfered in behalf of Smith, it was alleged.

The Grand Jury also indicted J. W. Burke on two charges of forgery and larceny from a house, with bond at $500 in each case. The Grand Jury returned 20 true bills and four "no bills" and adjourned until Tuesday.

PAGE 20, COLUMN 4

FRANK RETRIAL

MOTION BEARS

ON JURORS

Two Depositions Are Said to Tell

of Conduct of One of the Veniremen.

Two depositions, filed with the Clerk of the Superior Court, purporting to bear on the conduct of members of the jury which convicted Leo M. Frank are said to form a strong link in the motion for a new trial for the pencil factory superintendent, according to a report Thursday.

The depositions were made by L. E. Block and Walter Thomas, both of Blakely, Ga. Thomas, who is a druggist, is said to have had some conversation with Aticus H. Henslee before the trial of Frank, when Henslee is declared to have expressed an opinion on the case. Later he was chosen as a juror and was accepted. Black is said to have overheard the conversation between Thomas and Henslee.

Attorney Luther Rosser is said to have completed an amendment to his motion for a new trial for Frank and will present it to Solicitor Dorsey sometime this week. While the filing of the two depositions would indicate that the defense will base its request upon the Henslee episode, no definite idea of their line of action has become known.

The defense, since Frank's conviction, has been active in securing evidence on every angle of the trial with which to support its plea. Frank's attorneys are said to have gathered a number of affidavits which they will submit at the hearing.

That the State will ask for a postponement of the hearing from October 4, 1913, became known Thursday. The defense is said to be ready.

Friday, 26th September 1913 Judge Roan To Hear Arguments Asking Retrial For Frank
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