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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