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The Atlanta Georgian,

Tuesday, 30th September 1913,

PAGE 1, COLUMN 1.

SOLICITOR EXPECTED TO SEEK DELAY

Defense to File Plea for New Trial

Wednesday State Faces

Difficult Task.

Fight for the life of Leo M. Frank, sentenced to be hanged Oct 10, 1913, for the murder of Mary Phagan, will assume activity Wednesday, when the papers in the motion for a new trial will be filed by attorneys for the defense.

Solicitor Hugh Dorsey will begin an examination of the papers immediately in an effort to complete his answer by Saturday, the date set for the hearing of the motion for a new trial.

Regardless of the success or failure of Mr. Dorsey to prepare his answer by Saturday, Judge Leonard S. Roan will bear the motion and dispose of the case before he retires from the Superior bench, according to authoritative information, Tuesday.

Wants to Finish Case.

The final decision is in deference to the expressed desire of Judge Roan who was quoted exclusively in the Georgian last week exclusively in The Georgian last week to the effect that he felt it his duty to finish up the Frank case before retiring in accordance with the wishes of all other officials concerned. Solicitor Dorsey is anxious for Judge Roan to hear the motion in view of the fact that Judge Roan is familiar with every phase of the famous case.

Judge Roan, as trial judge, generally has been regarded as the logical man to dispose of the case. The Superior Court judges are said to be a unit in that opinion.

The announcement that the papers in the motion for a new trial would be filed Wednesday, was made Tuesday by Attorney Luther Rosser.

Dorsey May Ask Delay.

"We have been hard at work on our evidence for weeks," said Mr. Rosser, "and have now just about completed it. It is practically certain that we will file the papers Wednesday."

Should the contentions set forth by the defense involve questions requiring the summoning of witness from various parts of the State, or other new evidence, it will be almost impossible for Solicitor Dorsey to make reply by next Saturday.

As such evidence is said to be more or less certain. It is more than likely that the Solicitor will request a postponement of the hearing for the motion. In any event, however, the motion will be heard before Judge Roan.

PAGE 3, COLUMN 6

FRANK TRIAL JURIST

WILL HEAR NEW PLEA

Judge L. S.

Roan, who

Sentenced

Convicted

slayer of

Mary Phagan.

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