Monday, 11th May 1914: Case Of Burns And Lehon Is Postponed, The Atlanta Journal

The contempt proceedings against Wm. J. Burns and Dan S. Lehon, his chief aide in the Frank investigation, originally set for Tuesday morning, have been postponed until next Friday morning. Burns is currently in New York at the bedside of his wife, who is said to be seriously ill, but he expects to reach the city by Friday. For this reason, Judge Hill, who initiated the proceedings following the examination of Annie Maud Carter, a Negro witness in the case, has allowed the postponement. Carter stated that Burns and Lehon suggested she leave the city and paid the expenses for a lengthy trip.

Attorneys generally believe that when Burns and Lehon appear in court, they will be able to clear themselves of any contempt charges. They are expected to argue that the woman was sent from the city to protect her from detectives, not to prevent her from appearing in court. The woman has since returned; when the court ordered her to come back within five days, the Burns agents produced her and turned her over to the sheriff in just three days. Additionally, at the time the Burns agents suggested she leave the city, the woman was under no subpoena to appear before the court.

The Rule Nisi, ordered by Judge Hill, has not yet been served on Lehon or the attorneys representing him and Burns, Little, Powell, Hooper & Goldstein. It is expected, however, that the document will be drawn up within the day and then served on the attorneys. Although Friday has been set as the definite date for the contempt hearing, it is not improbable that the case will be further postponed. If postponed again, it will likely be delayed indefinitely, as on the following Saturday, a motion to set aside the verdict against Leo Frank on the grounds that he was not in court when it was rendered is scheduled for a hearing. The following Monday, Judge Hill will take up the routine criminal calendar.

Interest in the Frank case centers more on the motion to set aside the verdict than on the contempt proceedings against the two detectives. If an issue of fact is raised, as it will be by the solicitor, oral testimony on the motion will be heard. Among the witnesses will be Attorneys Luther Z. Rosser and Reuben R. Arnold of the defense, who are not connected, however, with the special motion to set aside the verdict. Another interesting witness will likely be Judge L. S. Roan, the trial judge, now a judge of the court of appeals. Judge Roan will probably take the witness stand to be examined by the solicitor and the attorneys for Frank on all points related to receiving the verdict in Frank's absence.