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The Atlanta Journal,

Monday, 25th May 1914,

PAGE 16, COLUMN 3.

Bill of Exceptions Likely to be Presented Late Tomorrow

Indications were, on Monday, that it will be late Tuesday afternoon before the bill of exceptions, on which the extraordinary motion for a new trial for Leo Frank on the ground of new evidence will be based, is presented to Judge Ben H. Hill for his signature. Tuesday is the last day on which the appeal can be made by the defense. The bill of exceptions must be accompanied by a brief of the evidence, and the Solicitor objected last Saturday to the signing of the papers on the ground that certain affidavits were not covered in sufficient length. On Monday, the solicitor was still checking up on the brief, and he will have to meet the defense and agree on changes before the court signs the bill. Judge Hill set Monday at 3 o'clock as the hour for signing the papers, but it now appears they will not be ready then.

Judge Hill has not fixed a definite date for hearing charges of contempt of court against William J. Burns and Dan S. Lehon. The hearing of the motion to set aside the Frank verdict on the ground that he was not in court is still set for next Friday, but it is probable a further delay may be asked, because the work on the bill of exceptions in the other motion has required so much of the solicitor's time.

Council Asked to Revoke Burns Agency's License

The recommendation by the Board of Police Commissioners that the license of C. E. Sears, Manager of the Atlanta Branch of the W. J. Burns Detective Agency, be revoked was formally filed with the City Clerk on Monday morning, and will be presented by the Clerk to the Council on Monday afternoon. A Detective Agency License can be granted by the city clerk only on the recommendation of the Police Board. A license can be revoked only by the Council. Inasmuch as the issuance of the license must first be recommended by the Police Board, the presumption in all such cases is that a recommendation by the Police Board that the license be revoked will be carried out by the Council.

The communication from the Police Board is in three parts. The first part is the resolution recommending that Sears' license be revoked. The second part is the report of a committee on the Police Board recommending that cases be made against Sears, Burns, and the detectives associated with Burns in his investigation of the Phagan Murder Case, which recommendation was adopted by the Board last Friday night and the cases made then and there. The third part is a recommendation by the Board that the Council appropriates money to pay the members of the Police and Detective force for two days' extra work during the Shrine Convention.

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