Tuesday, 11th November 1913: No Postponement In Frank Hearing, The Atlanta Constitution

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Supreme Court Issues Rul-

ing That Argument in the

Murder Case Must Begin

About December 15.

There will be

suspension of the rules of the supreme court to give attorneys more time in

which to prepare to argue the Frank case, notwithstanding the fact that counsel

for the state and for the defense united in a request for more time. After a

brief conference of the justices yesterday morning it was decided that if the

papers reached the court by December 1 the argument will be set down for about

December 15.

Following the

conference of the justices, Clark Harrison announced to the attorneys in the

case that the rule of the court could not be varied. Clerks of superior courts

are allowed by law only fifteen days in which to file with the supreme court

the records in appealed cases, no matter how voluminous they may be. The motion

for a new trial was denied by Judge Roan on October 31. The record must

accordingly be filed the 15th of this month. After that no longer

than a month may elapse before the case shall be argued.

Asked for Postponement.

Attorneys

Rosser and Arnold, on behalf of the defense, called upon Solicitor Hugh Dorsey

Monday morning and asked if he would consent to a motion to postpone the

argument of the case in the supreme court until January. Mr. Dorsey did so

consent, and dispatched his assistant, E. A. Stephens, to the capitol to make

the request of the supreme court.

Attorneys for

the defense stated that, on account of the voluminous record in the case and

the fact that both of them will be engaged a large part of their time to the

lower courts for the ensuing two weeks, they would like to have a postponement.

The assistant

solicitor general stated that Mr. Dorsey will be engaged in the criminal

division of the superior court continuously until Christmas. He explained that

the criminal docket is greatly congested, and that the jail is crowded with

prisoners awaiting trial.

After hearing

from the attorneys, the justices declared that they would take the matter under

advisement and notify the attorneys of their decision within a few hours. This

they did just before noon, when Clerk Harrison called up the attorneys and told

them that the court had decided that the routine procedure could not be varied,

and that the case would come up for argument on or about December 15, provided

the papers reached the court by December 1.

Light Term for Conley.

It is

expected that Jim Conley, the negro on whose evidence the state relied largely

to secure Leo M. Franks conviction, will be arraigned today, and that he will

plead guilty to being an accessory after the fact to the murder of Mary Phagan.

The maximum punishment which may be meted out in a case of this sort is three

years in the penitentiary.

It is not

believed, however that the negro will be given the maximum penalty, and he will

probably be punished as for a misdemeanor. There has been no expectation of

Conely being arraigned on a more serious charge, since Solicitor Dorsey

announced his intention not to prosecute the negro for murder.

Friends of

Leo Frank will not raise any objection to Conelys entering a plea of guilty as

accessory after the fact to the murder of Mary Phagan. They point out that when

the negro finds himself immune from further prosecution there will be no motive

for him to tell a lie, and they believe that, rather than see an innocent man

hanged, whom he could have saved, he will confess the crime himself.

They will endeavor to induce the

police to make an effort to secure a confession from the negro.