Sunday, 28th September 1913: Roan Not Likely To Hear Plea For New Frank Trial, The Atlanta Journal

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Although He Would Like to Do So, There Is, Little Probability That

Case Will Reach Him in Time

While Judge L. S. Roan, who presided at the trial of Leo M.

Frank, is ready and willing to hear the motion for a new trial in the

case, it still appears unlikely that the motion will be argued for

several weeks, or before he becomes a judge of the court of

appeals.

Saturday the amended motion for a new trial had not been

served upon the solicitor by Frank's attorneys, and naturally he

cannot commence the preparation of his answer and his brief

until after he has been served, and knows the exact grounds upon

which the motion is based.

Judge Roan, is anxious to dispose of all business pending

before him before he takes his seat on the appellate court bench.

Saturday morning he instructed the solicitor general to have all

pending motions set for October 4 and October 11 in order that

he might dispose of all cases by the last named date, and the

solicitor stated that this would be done as far as possible.

At the same time Judge Roan asked if the prosecuting officer

had yet been served with the amended motion in the Frank case

and the latter replied that he had not.

I had hoped that the matter might be disposed of in the

next two weeks, the court remarked, and the solicitor replied

that when he was served that he would make every effort to get

ready as quickly as possible to argue the motion.

That the solicitor will be able to get ready with his side of the

case within two weeks from the time he is served with the

amended motion is not considered probable.

Should the defense of Frank charge that jurors were

prejudiced before they were chosen, it might take the solicitor

several weeks to get evidence in rebuttal of that introduced by

the defense.

The record of the evidence in the case is so long that it will

take the solicitor probably a week just to read it, and the

preparation of his brief will take probably another week.

The case is an important one, not be slurred over, and as a

result there is little probability of it being argued before the 13th of

next month, when according to present arrangements Judge Benjamin

H. Hill is expected to exchange pieces with Judge Roan.

As a result of the question of which of the superior court

judges will the Frank motion is still an open one.

The position of Judge Roan in the mater is that the case was

tried before him, and that naturally he should pass upon the

motion if possible. In addition, he is desirous of leaving just as

little unfinished business as possible to his successor.

But if the motion can't be heard before the 13th of October it

is not considered probable that he will postpone the taking of his

seat on the appellate bench simply in order to hear the Frank

motion.

Such action is possible, btu in view of the congested

condition of the courts it is not probable.

When on the appellate bench Judge Roan will be disqualified

to pass upon any case tried by him in the superior court, and for

that reason, he does not wish to hear any more cases in the

superior court.

(Continued on Page 2, Col. 2.)

PAGE 2, COLUMN 2

ROAN NOT LIKELY TO HEAR PLEA FOR NEW FRANK TRIAL

(Continued From Page 1.)

Therefore, if Judge Hill does not take up the work in the

superior court by October 13, it will mean that the court calendar

will become still more congested and all officials are trying to

guard against this contingency.

There are now in jail 125 felony prisoners, some of whom

have been awaiting trial for several months. There are eight or

ten murder cases in the lot, and other serious felonies which it will

take the court some time to try. As a result, the superior court

must grind regularly for several months before the jail is cleared.

There are many hundreds of bond cases, several of them years

old, which the court should dispose of.

It has been more than two months since the criminal division

of the superior court was in session, and new arrests have been

made daily.

The number of pending cases is constantly increasing, and

for that reason it is regarded as likely that despite the Frank case,

Judge Roan and Judge Hill will exchange places on October 13 and

the latter will immediately commence disposing of the pressing

business.

J. W. Coleman, step-father of Mary Phagan, conferred with

Chief Lanford, of the detectives over an hour last night,

presumably in connection with the Frank case.

At the conclusion of the conference, however, neither Mr.

Coleman nor the chief would say what it was about.