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Saturday, June 21, 1913

Belief Grows That Case Will Not Come Up Before July 14 or 28

Interest in the Phagan case still centers on the time of the trial of Leo M. Frank. Indications still are that the case will not be tried the week of June 30.

Solicitor Dorsey has never finally committed himself on the matter but Colonel Frank A. Hooper, who is associated [with] him, still expects the case to be set for that date.

Mr. Hooper expects the trial to last a week. The jail will not have been cleared by June 30, according to court attaches, and it is the general policy of the court to clear the jail of as many cases as possible before entering into a lengthy trial. In addition the Fourth of July, a holiday, comes in the week of June 30 and this might mean that the jury would be locked up during a day that the court was not in session. Still further there is the possibility that the defense will ask for a postponement.

Judge L. S. Roan will not have to hold court in the Stone Mountain circuit on either the week of July 14, or the week of July 28, and as a result it is now considered extremely probable that Frank will face a jury on one of those dates.

Apparently the Phagan case is at a standstill. Saturday both Luther Z. Rosser and Reuben R. Arnold, who will be associated with the defense in all probability, were out of the city, on business said not to be connected with the case.

Mr. Hooper, who is in charge of the state's case during the absence in New York of Solicitor Dorsey, states that there have been no developments of importance, and that the state is ready for the trial, whenever Mr. Dorsey returns and sets it on the court calendar.

Mr. Hooper was not interested in the return of Mrs. Mima [sic] Formby, maker of a sensational affidavit, to the city. The state made no effort to find her when she left the city, and apparently there is no chance of her being used as a witness unless the defense puts Frank's character in issue.

During the absence of Solicitor Dorsey, Detectives Starnes and Campbell have been working under his instructions, smoothing over rough places in the state's case, but nothing of importance has been developed.

Transcript
00:00Date of Frank trial still in much doubt, the Atlanta Journal, Saturday, June 21st, 1913.
00:06Belief grows that case will not come up before July 14th or 28th. Interest in the Fagan case
00:12still centers on the time of the trial of Leo M. Frank. Indications still are that the case will
00:18not be tried the week of June 30th. Solicitor Dorsey has never finally committed himself on
00:23the matter, but Colonel Frank A. Hooper, who is associated with him, still expects the case to be
00:29set for that date. Mr. Hooper expects the trial to last a week. The jail will not have been cleared
00:34by June 30th, according to court attaches, and it is the general policy of the court to clear the
00:40jail of as many cases as possible before entering into a lengthy trial. In addition, the 4th of July,
00:46a holiday comes in the week of June 30th, and this might mean that the jury would be locked up
00:50during
00:50a day that the court was not in session. Still further, there is the possibility that the defense
00:55will ask for a postponement. Judge L. S. Roan will not have to hold court in the Stone Mountain
01:00Circuit on either the week of July 14th or the week of July 28th, and as a result it is
01:06now considered
01:07extremely probable that Frank will face a jury on one of those dates. Apparently the Fagan case is
01:12at a standstill. Saturday, both Luther Z. Rosser and Ruben R. Arnold, who will be associated with the
01:18defense in all probability, were out of the city on business said not to be connected with the case.
01:23Mr. Hooper, who is in charge of the state's case during the absence in New York of Solicitor Dorsey,
01:28states that there have been no developments of importance, and that the state is ready for the
01:32trial whenever Mr. Dorsey returns and sets it on the court calendar. Mr. Hooper was not interested
01:38in the return of Mrs. Mima Formby, maker of a sensational affidavit, to the city. The state made
01:44no effort to find her when she left the city, and apparently there is no chance of her being used
01:49as a witness unless the defense puts Frank's character in issue. During the absence of
01:54Solicitor Dorsey, Detectives Starnes and Campbell have been working under his instructions, smoothing
01:59over rough places in the state's case, but nothing of importance has been developed.
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