00:00Trial of Leo Frank postponed by Judge, the Atlanta Constitution.
00:04Wednesday, June 25, 1913. Date of trial changed from June 30 until July 28 at plea of attorneys
00:11for defense. The first appearance in open court of the indictment against Leo M. Frank for the
00:15murder of Mary Fagan came yesterday afternoon when Judge L.S. Roan, presiding over the criminal
00:21division of Superior Court, summoned attorneys for both sides and after a hearing changed the
00:26date of trial from June 30, as set by Solicitor Hugh M. Dorsey, to July 28. This and the legal
00:33move by the defense in serving upon Solicitor Dorsey, Police Chief James L. Beavers, Detective
00:39Chief Newport-Lanford, and other detectives and officials for the state, with formal subpoenas
00:44deuces takeum, commanding them to bring to court all affidavits they may have which bear upon the
00:49state's case against Frank, were the only changes in the present situation. Judge Roan also decided
00:55that the trial of Frank would be held not in the regular room in which he holds his division of
01:00court, but in one of the rooms in which the civil division of the Superior Court sits, where trial
01:06will be held. This was done, the judge explained, because the ceiling is very low in the courtroom in
01:11the thrower building, where his court regularly sits, and the room is ventilated by windows only
01:16on one side. The trial will be held, according to present plans, in one of the courtrooms in the
01:21Old City Hall, corner South Pryor and East Hunter Streets, where the ceilings are higher and windows
01:27can be thrown open on both sides of the room to allow ventilation. Solicitor Dorsey appeared very
01:32anxious to have the trial take place on June 30, the date he had in his official capacity a solicitor
01:38named. He states that his only reason for this is that the state is ready, and he is anxious to
01:44dispose of the case as soon as possible. This date was stricken out by Judge Roan, when attorney
01:50Reuben Arnold for the defense came out with the statement that the trial would last two weeks.
01:55July 14th, another date suggested was left out upon the statement by attorney Arnold and attorney
02:00Luther Z. Rosser, both for the defense, that they would be engaged in the trial of Mrs. Maddie
02:05Flanders in Swainsboro, Georgia. At that time, the two Atlanta attorneys who are working together in
02:11the frank defense will oppose each other. Attorney Rosser will represent the defense, while his colleague
02:16will aid the prosecution. Judge Roan, in announcing his determination of the trial date, stated that he
02:22believed that it was necessary to set a definite date, formally agreed upon by both sides, and thus
02:27eliminate a further delay. The judge took the position that the case, while before the law similar
02:33to any other, is really different, in that it will be one in which many veneyermen and witnesses must be
02:39brought into court, and a postponement would cost the state a large sum of money. Both sides announced in
02:45court that they would be ready when the time comes. I am ready now to take up the trial, said
02:50the
02:50solicitor, and that's why I am objecting to any postponement. We are ready ourselves, said both
02:56attorneys for the defense. These public declarations make it appear that the trial will actually take
03:01place on the July date set, and that, unless something new should appear, there will be no further delay.
03:07Solicitor Dorsey refused later to discuss the service of a deus esticum upon him. He declined to state what
03:13would be his action in regard to the matter, or what in his opinion was its legal bearing upon the
03:18case, may attack Conley's statement. The subpoenas declare that the papers and affidavits are wanted
03:24as evidence for the defense of Frank, and leads to the belief that the defense will make an attack
03:29upon the various statements of James Conley, the Negro sweeper, who had declared in an affidavit that
03:36he aided Frank in hiding the Fagan girl's body. The several affidavits alleged to have been made by the
03:41Conley Negro are demanded in the subpoenas, as are the affidavits credited to Miss Monteen Stover and
03:47Miss Grace Hicks. Another affidavit demanded from all of the parties subpoenaed is that of W.M.
03:53Matthews. The name of Matthews has not yet appeared publicly in the Fagan case, and his affidavit,
03:58if there is such a one, is believed to have been secured by Solicitor Dorsey and held in secret by
04:03him.
04:03Just how the defense succeeded in finding out that there is such an affidavit, or getting reasons for
04:09declaring that there is one, in their demand for it, is not explained. The Solicitor refuses to
04:15discuss this affidavit, and the other officials deny all knowledge of it. The others named in the
04:20subpoenas deuces ticum, besides those already mentioned, are Assistant Solicitor E.A. Stevens,
04:26Harry Scott, a Pinkerton detective employed by the National Pencil Company but working with the
04:31City Detectives on the case, City Detectives John Black, Pat Campbell, and J.N. Starnes,
04:36and G.C. February, Secretary to Chief Lanford, confers with Assistant. Solicitor Dorsey is still
04:42taking up various points in the case and going over them with his Assistant and with Attorney Frank
04:47Hooper, retained to aid the State. He spent several hours late Tuesday evening in conference with
04:52Detectives Campbell and Starnes. He has also planned several changes in an elaborate drawing of the
04:57National Pencil Factory, which he had specially drawn from measurements. Burt Green, a newspaper artist
05:04who made the drawing for the State, is the same man who, while employed in New York, made the
05:09diagrams of a New York roof garden in the famous case against Harry K. Thaw for the murder of
05:14Stanford White. Conley is grilled. Jim Conley, the Negro Pencil Factory sweeper, was subjected to a
05:21secret grilling at police headquarters yesterday shortly before noon. Detectives say it was in an
05:26effort to extract some new statement, but declare that the Negro divulged nothing of fresh importance.
05:31Chief Lanford would not talk to reporters regarding the examination. Conley was not taken to the Chief's
05:37office, as has heretofore been the custom. Detectives Campbell and Starnes and others took him to a
05:42vacant cell in the extreme rear of the prison where he was questioned for an hour or more. The Negro's
05:48counsel, Attorney William M. Smith, also was not aware of the examination. He says, however, that nothing
05:54new was gained from Conley, and that he was questioned only in regard to a probable desire to make additional
05:59statements.
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