Friday, 20th February 1914: Frank’s Attorneys Could Not Complete Document Yesterday Speculation As To What Burns Will Do., The Atlanta Constitution

Search for:

Reading Time: 3 minutes [460 words]

It is expected that that the attorneys for Leo M. Frank's defense will probably file today their motion for a rehearing of the case.

Although closeted all day Thursday.

Attorneys Reuben Arnold and Luther Z. Rosser were unable to complete the motion in time for fling.

It is expected the document will be a lengthy one, containing in the neighbourhood of fifty grounds for rehearing.

They remained silent Thursday, refusing to discuss their new action from any angle.

The motion will be opposed by Attorney General Thomas Felder, prosecutor, on the contention that the defense had ample opportunity to present its case and argument.

Burns on Case.

There was much speculation Thursday over the announcement that William J. Burns, America's greatest detective, had come into the Phagan mystery.

An air of secrecy surrounds his reported source of employment, although both Solicitor Dorsey and the prisoner's defense say that the first they knew of Burns' action was what they read in the newspapers.

Frank himself is said to have stated to friends who visited him in the Tower that he had known nothing of Burns until he was informed by the newspapers.

A phrase of the famous detective's speech at the Tabernacle Wednesday night created a ripple of interest among those of his audience who had kept in close touch with the Phagan mystery.

Burns said:

"There is positively no mystery so mysterious that it cannot be unraveled."

The motion for a new hearing must be put on file before the supreme court's remittitur is forwarded to the lower court.

It must set out instances where the court overlooked salient and important factors of the argument.

In short, it must reveal that the defendant was denied privileges to which he was entitled that points were overlooked which had essential bearing to his case.

Burns Returns Soon.

Burns will return to Atlanta during the early part of next week.

He will be assisted by Dan Lehon, director of the southern branch of the Burns agency, now located in New Orleans.

Lehon was in Atlanta Wednesday and Thursday.

Burns will also be aided by a picked staff of his men.

He stated in an interview yesterday that he would expect the co-operation of the office of the solicitor general and of the city police and detective departments.

The aid of the latter has been assured by Chief Newport A. Lanford, who declared he would welcome an investigation by the noted sleuth.

Frank was visited by numerous friends Thursday.

His wife came in the afternoon, remaining for hours.

He shows no visible effect of the strain brought on by the defeat of his case in the higher court, and his health is said by friends and physicians to have remained normal.