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Monday, June 23, 1913

Unless "Showing" Is Made in Open Court Why the Case Should Be Deferred, Trial Will Proceed

MONTEEN STOVER AGAIN FIGURES IN THE CASE

Detectives Question Her With View to Attacking Theory That Girl Was Slain on the First Floor

Solicitor General Hugh M. Dorsey, it was definitely learned Monday, will set the case of the State against Leo M. Frank, charged with the murder of Mary Phagan, for June 30, and the solicitor will insist that a legal "showing" be made by the defense before a postponement is allowed.

During the day Monday or early on Tuesday morning the court calendar for the week of June 30 will be made up and then a small army of bailiffs and deputies will commence to summon talesmen. Owing to the unusual interest in the case it is probable that more than 150 talesmen will be summoned to the court in order that twelve jurors to try Frank may be picked from them.

COURT WON'T INTERFERE.

It is understood that the court of its own volition will not interfere in the matter, and if a postponement of the case is secured it will be on a "legal showing" made in open court next Monday by the attorneys, who represent the accused man.

The illness of one of counsel or the absence from the city of a material witness or the engagement of counsel in another court, or any one of several other perfectly good excuses constitute legal grounds for the postponement of case, so the uncompromising attitude of the state by no means makes the trial of the case on June 30 a certanity [sic].

Luther Z. Rosser and Reuben R. Arnold, the able attorneys, who represent Frank, will give no intimation of their attitude towards entering into the case next Monday.

The published rumor that John W. Moore, another noted Atlanta lawyer, would assist Attorneys Arnold and Rosser and Herbert Haas in the case is without foundation, according to Mr. Moore and the other attorneys connected with the case.

WITNESS QUESTIONED.

What is believed by the prosecution of Leo M. Frank to be a refutation of the defense's theory that Mary Phagan was slain at the foot of the stairs on the first floor of the pencil factory, occurred at police headquarters Sunday afternoon, when Jim Conley, the negro, identified Monteen Stover, aged 14, 17 South Forsyth street, as the girl in the raincoat and "easy walkers" who went to the office on the second floor at 12:05 o'clock and came down the stairs five or ten minutes later and left the building.

The little Stover girl was taken before Conley in the detectives' room Sunday and positively identified by the negro, according to the detectives who were present, Chief Lanford and Detectives Campbell and Starnes.

Conley declared that she was the girl he watched while he was hid at the foot of the tsairs [sic]. The Stover girl entered the building, went up the stairs to the office, stayed there some five or ten minutes, and then came down and went out.
Transcript
00:00Solicitor will fix Frank trial for June 30th, he says. The Atlanta Journal, Monday, June 23rd,
00:061913. Unless showing is made in open court why the case should be deferred, trial will proceed.
00:11Monteen Stover again figures in the case. Detectives question her with view to attacking
00:16theory that girl was slain on the first floor. Solicitor General Hugh M. Dorsey, it was definitely
00:22learned Monday, will set the case of the state against Leo M. Frank, charged with the murder of
00:27Mary Fagan, for June 30th, and the Solicitor will insist that a legal showing be made by the defense
00:34before a postponement is allowed. During the day, Monday or early on Tuesday morning, the court
00:40calendar for the week of June 30th will be made up, and then a small army of bailiffs and deputies
00:46will
00:46commence to summon talesmen. Owing to the unusual interest in the case, it is probable that more
00:52than 150 talesmen will be summoned to the court in order that 12 jurors to try Frank may be picked
00:57from them, court won't interfere. It is understood that the court of its own volition will not
01:03interfere in the matter, and if a postponement of the case is secured, it will be on a legal showing
01:08made in open court next Monday by the attorneys who represent the accused man. The illness of one
01:14of counsel, or the absence from the city of a material witness, or the engagement of counsel in
01:19another court, or any one of several other perfectly good excuses constitute legal grounds for the
01:25postponement of case. So the uncompromising attitude of the state by no means makes the trial of the
01:30case on June 30th a certainty. Luther Z. Rosser and Ruben R. Arnold, the able attorneys who represent
01:36Frank, will give no intimation of their attitude towards entering into the case next Monday.
01:41The published rumor that John W. Moore, another noted Atlanta lawyer, would assist attorneys Arnold
01:47and Rosser and Herbert Haas in the case is without foundation, according to Mr. Moore and the other
01:52attorneys connected with the case. Witness questioned. What is believed by the prosecution
01:57of Leo M. Frank to be a refutation of the defense's theory that Mary Fagan was slain at the foot
02:03of the
02:03stairs on the first floor of the pencil factory, occurred at police headquarters Sunday afternoon,
02:08when Jim Conley, the Negro, identified Monteen Stover, aged 14, 17 South Forsyth Street, as the girl in the
02:16raincoat and easy walkers who went to the office on the second floor at 12 o'clock and came down
02:22the
02:23stairs five or ten minutes later and left the building. The little Stover girl was taken before
02:28Conley in the detective's room Sunday and positively identified by the Negro, according to the detectives
02:34who were present, Chief Lanford and Detectives Campbell and Starnes. Conley declared that she was the girl
02:40he watched while he was hid at the foot of the stairs. The Stover girl entered the building,
02:44went up the stairs to the office, stayed there some five or ten minutes, and then came down and
02:50went out. J.C. Hines, who went to headquarters with Walter Sutterth and Mr. Edmondson, pointed out
02:56Monteen Stover as the girl whom he saw enter the building. Mr. Hines, who was present at the alleged
03:01identification, said Monday that Miss Stover admitted that she went to the factory at that time to draw
03:06her pay, went up the stairs to the second floor and found the office open. She said that she waited
03:11around five or ten minutes and noticed the clock when she went into the office. It was 12.05, she
03:16said. As no one seemed to be around, she asserted, she left the place sometime between 12.10 and 12
03:22.15
03:22o'clock to set case for June 30th. The prosecution believes that this will kill the defense's theory
03:28that Mary Fagan was killed at the foot of the, continued on last page, Colonel Six. Solicitor will fix
03:34Frank trial for June 30th, he says, continued from page one. Stairs, assuming that the Fagan girl
03:41undoubtedly preceded Miss Stover into the factory. Miss Stover would have sent the body, they say,
03:46if Mary Fagan had been killed at the foot of the stairs. Frank, at the coroner's inquest, asserted
03:52that he paid Mary Fagan at about 12.10 or 12.15 o'clock, and that he himself did not
03:58leave the
03:58building until about one o'clock. Little girl talks. Monteen Stover admitted Monday morning that she
04:05has gone to police headquarters Sunday with her stepfather H. W. Edmondson, Walter Sutterth,
04:10and J.C. Hines to see if Conley could identify her. That the police attach significance to the
04:15identification is evidenced by the frequent efforts made by detectives to get her to headquarters.
04:20They wanted me to go down there Friday, said the girl Monday, but Mama didn't want me to.
04:25Then Saturday they phoned, but Mama said no. Papa said I better go Sunday afternoon,
04:29so he took me down to the station himself. I wore the raincoat and hat I wore the day I
04:34went to the
04:34factory, but I didn't wear the tennis shoes I had on that day, and Conley said I was the one
04:39he saw
04:39only he said I had on easy walkers that day. I guess he meant the tennis shoes. When I went
04:45to
04:45the pencil factory, I went right up the stairs to the office and went through the front room to where
04:49they paid off. Nobody was there. The office door was open, so I thought someone was around.
04:54I waited about five minutes, and I noticed the clock when I went in. It was five minutes after
04:59twelve. Nobody came, and I didn't hear anybody, so went down the stairs again and left the factory.
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