00:00July 28th is date agreed upon for trial of Frank. The Atlanta Journal, Tuesday, June 24th, 1913.
00:06Judge names date after statement from Reuben R. Arnold, in which he said,
00:10Trial would last two weeks. Defense takes steps to get state's evidence subpenas duces takeum
00:15issued, demanding production of affidavits and popers in possession of solicitor Leo M. Frank,
00:20accused of the slaying of Mary Fagan, will not be tried before Superior Court Judge L.S. Roan
00:25next Monday. The judge in a conference with attorneys at 2 o'clock Tuesday afternoon formally
00:30set the trial for Monday, July 28th, and no attempt to reopen the questions of arraignment will be made.
00:36Both the prosecution and the defense agreed to this date. Any attempt made to put Frank on trial
00:41on next Monday was silenced when Reuben R. Arnold, speaking for the defense, said flatly that the
00:46trial would take at least two weeks. The assurance that the trial would last some time and the fact
00:51that it likely would be held in the stuffy little courtroom in the thrower building, if scheduled
00:55Monday, practically caused the postponement. Solicitor Dorsey for the state and Luther Z.
01:01Rosser and Reuben R. Arnold for the prosecution were summoned to the courthouse by Judge Roan at
01:063 o'clock, and a discussion of the matter was opened. Solicitor announced ready. Solicitor Dorsey
01:12announced that he was ready and made the declaration that his witnesses would not take more than two days
01:16at the outside. He said if the defense had any, he didn't think they would take any longer.
01:21This remark brought a grunt from Luther Z. Rosser and the Arnold statement that the trial would take
01:26two weeks. We have the witnesses, both of the lawyers for the defense asserted. Both attorneys
01:32Rosser and Arnold told the court that in the event of a postponement of the case for Monday that they
01:37desired it to go over until after the week of July 14th, when both would be engaged in the trial
01:43of
01:43Maddie Flanders in Swainsborough. Mr. Rosser represents the defense of Mrs. Flanders and
01:49Mr. Arnold the prosecution. This came when Solicitor Dorsey suggested that the case be
01:54tried on July 7th. Judge Roan, in fixing July 28th as a date suitable to all concerned,
02:00said that there would be no break in the week, as there would with July 4th, that a good courtroom
02:06for
02:06the trial could be obtained about July 13th, that the jail could be cleared of routine cases by that
02:12time, and previously made ingaminist, would not be interrupted. All lawyers concerned were in court,
02:18and the judge asserted that lack of preparation could not be offered as an excuse when the case
02:24was called on July 28th. The attorneys for Leo M. Frank Tuesday afternoon secured subpoenas
02:31deuces teacum to be served on Chief James L. Beavers, Chief N.A. Lanford, Solicitor Hugh M. Dorsey,
02:37Assistant Solicitor E. A. Stevens, Harry Scott of the Pinkertons, City Detectives John Black,
02:43Pat Campbell, and J. N. Sarnes, and Secretary of Chief Lanford G.C. Febuary, calling upon them to
02:49produce in court Monday, June 30th, or any other day that the Frank case might be on trial. All
02:55affidavits or statements secured from Jim Conley, the Negro Sweeper, Monteen Stover, and Grace Hicks.
03:01Subpoenas declared that the papers are wanted as evidence by the defense in the case of Leo M. Frank.
03:06All papers demanded. The subpoenas deuces teacum order those upon whom they are served to produce
03:12a certain affidavit or statement sworn to by James Conley in the presence of Detective John Black and
03:17Harry Scott on May 18th. Also affidavits or statements made by Conley on May 24th. Also a
03:24certain written affidavit, continued on page 3, Colonel 1. July 28th is date agreed upon for trial of Frank,
03:31continued from page 1. VIT or statement made and signed by Conley on May 28th in the presence of
03:37Chief Lanford and Detectives Black and Scott. Also an affidavit made by Conley on May 28th in the
03:42presence of Lanford and Scott. Also an affidavit or statement made by Conley on May 29th in the
03:48presence of Chief Lanford and Detectives Campbell and Scott. Also all other statements or affidavits
03:54made by James Conley in your power, custody, or control in reference to the murder of Mary Fagan.
04:00The subpoenas further demand the production of all statements or affidavits made by Newt Lee in
04:05reference to the case. Also all affidavits or statements made by Monteen Stover. Also all
04:11statements made by W.M. Matthews. And finally all statements or affidavits made by Grace Hicks.
04:16The subpoenas provide that the papers named shall be produced in court on Monday, June 30th,
04:22or on any other day that the case of the State v. Leo M. Frank might be on trial.
04:28It is evident by this move of the part of the defense that Mr. Frank's attorneys propose to lay
04:33great stress upon the conflicting statements and affidavits made by the Negro Conley as the real
04:39murderer of Mary Fagan, and his numerous statements in reference to the case will doubtless be used to
04:44show the unreliability of his evidence against Frank. Point to be contested. While Solicitor Dorsey
04:51absolutely declined to discuss the demands of the defense for the production of the papers and
04:56affidavits secured by the State in its investigation of the Fagan tragedy, it is evident that the papers
05:02will not be turned over to the defense without a bitter fight. The papers unquestionably will be
05:07brought to court by those who not have them in custody, but before the defense is permitted access
05:12to them, it is believed that the State will contest the point before the judge. Just how this will be
05:17done is not known. Frank H. Hooper, the attorney who will be associated with the Solicitor in the
05:23persecution, was in conference with Solicitor Dorsey and Detectives Starnes, Campbell, and Harry
05:28Scott for several hours Tuesday morning. The nature of this conference was not known, but it is believed
05:34that they were going over the evidence in the Fagan case, getting ready for the trial. What is this
05:39evidence? There is considerable speculation as to the nature of the statement or affidavit made by W.
05:45M. Matthews, which is among the papers demanded by the defense. Both Chief Beavers and Chief
05:51Lanford declare that they never heard of Matthews in connection with the Fagan case before. It seems
05:56probable, therefore, that Matthews' statement is part of the evidence secured by Solicitor Dorsey.
06:01The only W. M. Matthews, whose name is in the city director, is a streetcar motorman living at
06:06449 Lee Street, confer with relatives. Detectives working on the Fagan case Monday afternoon held a
06:12conference at Chief Lanford's office with J. W. Coleman, stepfather of the slain girl, and W. J.
06:19Fagan, the aged grandfather of Marietta. The two men visited police headquarters at the request of
06:24the detectives and discussed every feature of the case to be brought out at the trial of Leo M. Frank.
06:30It is said the two men went to headquarters for conference following the last attempt on the part
06:35of Solicitor Dorsey to gain new information from Jim Conley, the Negro witness. Conley, it is said,
06:42was quizzed again Monday, but the examination, so officials assert, developed nothing new.
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