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Thursday, June 26, 1913

There Are Many Little Reasons, of Course, but the Biggest of These Is the Simplest—Judge Roan Just Had to Keep Promise to His Charming Wife—And Nobody's Kicking, Either

The trial of Leo M. Frank, which is expected to be the most brilliant legal battle in the history of the state, has been postponed for a month.

There are many little reasons why the trial could not come up on June 30.

And, then, there is one great big reason.

The biggest reason, when analyzed, is also the simplest, as are most big things.

The big reason is the simple fact that Mrs. Judge L. S. Roan wants to go to the seashore early in July.

Of course Mrs. Roan might go to the seashore by herself with any of her many friends, but she wants her husband to make the trip with her, and long before the Phagan case developed Mrs. Roan had secured Judge Roan's promise to take the trip with her.

When the judge called Solicitor Hugh Dorsey, Luther Z. Rosser and Reuben R. Arnold before him Tuesday afternoon and told them that it would be best to agree upon a definite date for the trial of Mr. Frank, they looked a little puzzled for the moment.

Solicitor Dorsey appeared not to want a postponement, and flatly said so. In fact, he argued every time he got a chance, trying to get an early date, and finally asked the court if he wouldn't set the case for the week of July 7.

EVERYBODY WAS PLEASED.

Then the court explained, and after he had explained a quick smile of complete understanding passed over the court room. Mr. Rosser smiled first, then Mr. Arnold, and finally Solicitor Dorsey.

Said the court with the usual dignity:

"Well, gentlemen, another reason is that some months ago I promised my wife that I would take her to the seashore on the week of July 4 and spend some days there with her.

"Of course, if there is any good reason why this trial should be taken up early in the month, if it will be impossible for you to reach it later, I can send Mrs. Roan with friends and remain here."

The judge's statement was made in the nature of a question, but it brought forth no answer.

Those fortunate enough to know the charming lady who is the wife of the judge of the Stone Mountain circuit had no idea even of intimating that from the jurist should be taken the pleasure of accompanying her on a short vacation, and the subsequent remarks of the court and attorneys dealt solely with the best date for the trial—after the trip to the sea.

THE MINOR REASONS.

Of course there are some other reasons why the case was postponed. In the first place if the conference had not been called, it was still very probable that on next Monday when the court opened attorneys in the case might have offered a legal excuse and forced the postponement. The result would have been the state would have been put to the useless expense of summoning 150 veniremen, who could be of no service.

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00:00Call of Cool Sea Breezes and Promise of Judge to His Wife. Secrets of Frank Trial Delay.
00:05The Atlanta Journal. Thursday, June 26, 1913. There are many little reasons, of course,
00:12but the biggest of these is the simplest judge Roan just had to keep promise to his charming
00:16wife and nobody's kicking. Either the trial of Leo M. Frank, which is expected to be the
00:21most brilliant legal battle in the history of the state, has been postponed for a month.
00:26There are many little reasons why the trial could not come up on June 30th. And then there
00:31is one great big reason. The biggest reason, when analyzed, is also the simplest, as are
00:36most big things. The big reason is the simple fact that Mrs. Judge L.S. Roan wants to go
00:42to the seashore early in July. Of course, Mrs. Roan might go to the seashore by herself with
00:47any of her many friends, but she wants her husband to make the trip with her, and long
00:52before the Fagan case developed, Mrs., Roan had secured Judge Roan's promise to take
00:56the trip with her. When the judge called Solicitor Hugh Dorsey, Luther Z. Rosser, and Ruben R.
01:02Arnold before him Tuesday afternoon, and told them that it would be best to agree upon a
01:06definite date for the trial of Mr. Frank, they looked a little puzzled for the moment.
01:11Solicitor Dorsey appeared not to want a postponement, and flatly said so. In fact, he argued every time
01:16he got a chance, trying to get an early date, and finally asked the court if he wouldn't set
01:21the case for the week of July 7th. Everybody was pleased. Then the court explained, and after he
01:27had explained a quick smile of complete understanding passed over the courtroom, Mr. Rosser smiled first,
01:33then Mr. Arnold, and finally Solicitor Dorsey, said the court with the usual dignity,
01:37Well, gentlemen, another reason is that some months ago I promised my wife that I would take
01:42her to the seashore on the week of July 4th, and spend some days there with her. Of course,
01:47if there is any good reason why this trial should be taken up early in the month, if it will
01:51be
01:52impossible for you to reach it later, I can send Mrs. Roan with friends and remain here.
01:56The judge's statement was made in the nature of a question, but it brought forth no answer.
02:01Those fortunate enough to know the charming lady who is the wife of the judge of the Stone Mountain
02:05Circuit had no idea even of intimating that from the jurist should be taken the pleasure of
02:10accompanying her on a short vacation, and the subsequent remarks of the court and attorneys
02:15dealt solely with the best date for the trial after the trip to the sea.
02:22The minor reasons. Of course, there are some other reasons why the case was postponed.
02:27In the first place, if the conference had not been called, it was still very probable that on next
02:33Monday when the court opened, attorneys in the case might have offered a legal excuse and forced
02:38the postponement. The result would have been the state would have been put to the useless expense
02:43of summoning 150 veneyermen who could be of no service. Again, had the court proceeded with the
02:49trial next Monday, it would have been held in the regular criminal courtroom, a low-ceilinged,
02:54poorly ventilated, hot and stuffy place where the intense heat of this season of the year would
02:59make it dangerous for judge, jury, lawyers, and spectators. Had the trial started on June 30th as
03:05scheduled, the 4th of July would have intervened, and 12 good jurors would have been locked up in
03:10a hot, stuffy hotel room, an unnecessary 24 hours. By agreement among counsel, the chances of having
03:16one side make a good excuse and put the state to a big expense are minimized, if not quite eliminated.
03:22By starting the trial after July 12th, the criminal court can have use of any of the courtrooms in the
03:27old City Hall building, which are larger and much more pleasant than the regular criminal court.
03:32The 4th will not interfere and the interest of the state generally will be served. Still further,
03:38by trying routine cases during the first part of the coming week, many cases can be disposed of,
03:44and probably more than one innocent fellow who has been sweltering in the jail can secure his liberty
03:48through a jury trial. And then, Judge Rohn has been kept within his circuit by his arduous duties
03:54continually for the past 12 months, and by all of the laws of right and reason, so counselors agree,
04:00he should fulfill his promise to his charming wife, and at the same time save the state money,
04:05the lawyer's health, and give liberty to some of the poor unfortunates who have been lying for weeks
04:11in a hot jail without attracting any attention.
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