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The Atlanta Georgian,

Tuesday, 10th March 1914,

7th Edition (Final),

PAGE 1, COLUMN 1.

### PAGE 1, COLUMN 7

### EVIDENCE IN FOR RETRIAL MOTION; PREPARING PLEA

Affidavits are in the possession of the Frank defense, it became known Tuesday, which will be used to complete their array of new evidence on which they will base the extraordinary motion for a new trial.

The affidavits are from persons who testified for the State in the first trial of the factory superintendent, and it is understood that in one case the affidavit repudiates entirely the vital portion of the testimony given on the stand, and in another modifies it considerably.

In his cell at the Fulton County Tower, Frank Tuesday began his work of aiding his attorneys in the preparation of the plea for a new trial, which will be filed with Judge Ben Hill, of the Superior Court, about ten days before the time set for his execution, April 17.

Frank is reviewing the new evidence secured by his attorneys and is expected to hold a conference with his lawyers Tuesday so that he might incorporate his own ideas into the motion for a new trial of his case.

Rumors that the defense has obtained a number of new affidavits were current Tuesday, but Attorneys Luther Rosser and Reuben Arnold were uncommunicative.

### New Evidence Withheld.

It is known, however, that the defense has in its possession considerable new evidence that has not been made public, and that the many conferences between Frank and his lawyers are for the purpose of acquainting Frank with the developments and securing his aid in the preparation of the new plea.

One of the reports of new evidence current Tuesday was that the defense has obtained an affidavit from a Negro at La Grange, Ed Ross, who is said to have seen Jim Conley washing blood from his hands on the day of the tragedy.

Solicitor Dorsey is said to be collecting evidence to disprove Ross's story, and he is said to have a number of letters and affidavits from citizens of La Grange attacking the Negro's character.

That Solicitor Dorsey is working hard to combat the new evidence unearthed by the defense is evident from the numerous conferences that the Solicitor has had recently with detectives who worked on the case, particularly Starnes and Campbell, who were instrumental in collecting the evidence that convicted Frank. None of the trio will talk about the Solicitor's attitude toward the new developments.

### Frank Studies Taft Speech.

Frank is expected to issue another statement from the Tower soon, based on the address delivered in Boston by ex-President William H. Taft last Friday, when he declared that many innocent men have been convicted by public clamor.

Mr. Taft declared that he had to pardon several men because they had been convicted in this manner, although they were innocent of crime. It is understood that in his statement, Frank will endeavor to parallel his own case with those cited by Mr. Taft.

The return of Detective William J. Burns to Atlanta during the week is expected to result in important developments in the case. Mr. Burns already has conferred with Frank and secured the condemned man's story, and it is understood he has a number of clues to work on immediately upon his return.

C. W. Burke, an agent for Luther Rosser, of Frank's counsel, returned Tuesday from Jacksonville, Fla., where he has been for several days on a mission said to be connected with the Frank case.