Saturday, 28th February 1914: Mrs. Frank Charges Plot, The Atlanta Georgian

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**JUST TRIAL ASKED FOR HUSBAND**

Revelations To Be Made Public Only as Filing of Extraordinary Motion for Retrial.

Sentence of death will be re-imposed upon Leo M. Frank early next week. Not until the date for his execution is fixed again will the next move be made by his lawyers. The extraordinary motion for a new trial, which will be submitted to Judge Ben Hill on the grounds of newly discovered evidence, will be held in abeyance until Frank is brought before the judge on the application of Solicitor Dorsey.

The remittitur from the Supreme Court, making its opinion that of the trial court, was not sent down Saturday as expected. The law provides that it be held with the clerk of the Supreme Court for ten days and sent down to the Superior Court at the expiration of that time, "or as soon thereafter as practicable." Because of a pressure of clerical business in the Supreme Court, the remittitur will be held there until Monday.

New Evidence Carefully Guarded.

Solicitor Dorsey is expected to ask for the resentencing of Frank on Tuesday or Wednesday. The extraordinary motion will be filed very shortly after that, it is believed.

It appeared Saturday that the counsel for the Defense of Frank were carefully guarding new testimony, to be made public, in all probability, only when the extraordinary motion for a new trial shall be made.

It is known that a great mass of new evidence is being piled up by the Defense, preparatory to the writing of the motion for a new trial. Frank, in his cell at the Tower, is working on his own case, and his wife is helping him, while his lawyers are sparing no time or pains to gather a convincing bulk of new testimony, some of it expected to be of a very sensational nature.

To Include Formby Repudiation.

In the plea for a retrial will be included the recent confession of Nina Formby, who is said to have repudiated her damaging affidavit concerning Frank's character; the disclosure by Dr. Harris regarding the hair found on the lathe in the metal room at the pencil factory; and Albert Mc Knight's repudiation of his testimony at the first trial.

It also has developed that Harry Latham, who was believed to be in New York by Chief Lanford, really is in Birmingham, or was there Friday. J. E. Mc Clelland, a well-known attorney who knows Latham, talked with him Friday over the long-distance telephone in reference to a case in which the Mc Clelland firm is interested.

Mc Knight Still Missing.

Latham was said to be in New Orleans, working on new evidence in the shape of testimony by an uncle of Mary Phagan, who is said to have important revelations to make, favorable to the Defense, concerning the puzzling "time element," he having been in Atlanta and seen Mary Phagan the day of the murder. The Defense, however, has stated that Latham was not connected with that side of the case.