The Atlanta Constitution,
Tuesday, 11th November 1913,
PAGE 4, COLUMN 3.
Supreme Court Issues Rul-
ing That Argument in the
Murder Case Must Begin
About December 15.
There will be
suspension of the rules of the supreme court to give attorneys more time in
which to prepare to argue the Frank case, notwithstanding the fact that counsel
for the state and for the defense united in a request for more time. After a
brief conference of the justices yesterday morning it was decided that if the
papers reached the court by December 1 the argument will be set down for about
December 15.
Following the
conference of the justices, Clark Harrison announced to the attorneys in the
case that the rule of the court could not be varied. Clerks of superior courts
are allowed by law only fifteen days in which to file with the supreme court
the records in appealed cases, no matter how voluminous they may be. The motion
for a new trial was denied by Judge Roan on October 31. The record must
accordingly be filed the 15th of this month. After that no longer
than a month may elapse before the case shall be argued.
Asked for Postponement.
Attorneys
Rosser and Arnold, on behalf of the defense, called upon Solicitor Hugh Dorsey
Monday morning and asked if he would consent to a motion to postpone the
argument of the case in the supreme court until January. Mr. Dorsey did so
consent, and dispatched his assistant, E. A. Stephens, to the capitol to make
the request of the supreme court.
Attorneys for
the defense stated that, on account of the voluminous record in the case and
the fact that both of them will be engaged a large part of their time to the
lower courts for the ensuing two weeks, they would like to have a postponement.
The assistant
solicitor general stated that Mr. Dorsey will be engaged in the criminal
division of the superior court continuously until Christmas. He explained that
the criminal docket is greatly congested, and that the jail is crowded with
prisoners awaiting trial.
After hearing
from the attorneys, the justices declared that they would take the matter under
advisement and notify the attorneys of their decision within a few hours. This
they did just before noon, when Clerk Harrison called up the attorneys and told
them that the court had decided that the routine procedure could not be varied,
and that the case would come up for argument on or about December 15, provided
the papers reached the court by December 1.
Light Term for Conley.
It is
expected that Jim Conley, the negro on whose evidence the state relied largely
to secure Leo M. Franks conviction, will be arraigned today, and that he will
plead guilty to being an accessory after the fact to the murder of Mary Phagan.
The maximum punishment which may be meted out in a case of this sort is three
years in the penitentiary.
It is not
believed, however that the negro will be given the maximum penalty, and he will
probably be punished as for a misdemeanor. There has been no expectation of
Conely being arraigned on a more serious charge, since Solicitor Dorsey
announced his intention not to prosecute the negro for murder.
Friends of
Leo Frank will not raise any objection to Conelys entering a plea of guilty as
accessory after the fact to the murder of Mary Phagan. They point out that when
the negro finds himself immune from further prosecution there will be no motive
for him to tell a lie, and they believe that, rather than see an innocent man
hanged, whom he could have saved, he will confess the crime himself.
They will endeavor to induce the
police to make an effort to secure a confession from the negro.