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The Atlanta Constitution,

Sunday, 25th October 1914,

PAGE 39, COLUMN 2.

Rosser and Arnold Will Not Participate in the Supreme Court Hearing Monday. The fight before the Supreme Court tomorrow morning to set aside the Frank verdict on constitutional grounds will be the first stage of the murder Case in which Attorneys Luther Z. Rosser and Reuben Arnold will not participate. Because of an agreement not to raise the constitutional right made with Solicitor Dorsey shortly before the Frank verdict was brought in, Messrs. Rosser and Arnold are unable to take a hand in the motion to upset. They have led all previous battles to obtain a new trial, and were the first attorneys employed by the convicted man. Unless some other phase of the Frank fight develops, they will have no further connection in the Courts with the Case. They will be available in event any other move is projected in Frank's defense other than the constitutional motion.

Will Fight for Frank. The motion to set aside the Frank verdict was introduced by Attorneys Tye, Peeples, and Jordan, assisted by Herbert J. and Leonard Haas and Harry A. Alexander. They will fight the Supreme Court battle alone. Both the state and defense have finished their briefs and are ready for Monday's argument. They will be presented in both oral and verbal argument. One of the main citations of the defense brief is from the Case of Weeks v. the United States, reading: "The efforts of the Courts and their officials to bring the guilty to punishment, praiseworthy as they are, are not to be aided by the sacrifice of those great principles established by years of endeavor and suffering which have resulted in their embodiment in the Fundamental Law of the land." The state's brief cites the Case of Cawthon v. the State of Georgia: "It would be trifling with the Court to allow it to act upon a waiver thus made and then impeach its action on the ground that counsel had been guilty of an unauthorized act."

Will Have Hands Full. Solicitor Dorsey will have his hands full before the Supreme Court, as in addition to the Frank Case, he has two more briefs to argue against convicted men who, like Frank, are under sentence to hang. They are Ed Elder, colored, convicted for murdering his wife, and Burrett Hickman, colored, convicted for the murder of H. G. Bennett, a white man.

 

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