Wednesday, June 25, 1913
Date of Trial Changed From June 30 Until July 28 at Plea of Attorneys for Defense.
The first appearance in open court of the indictment against Leo M. Frank for the murder of Mary Phagan came yesterday afternoon when Judge L. S. Roan, presiding over the criminal division of superior court, summoned attorneys for both sides, and after a hearing changed the date of trial from June 30, as set by Solicitor Hugh M. Dorsey, to July 28.
This and the legal move by the defense in serving upon Solicitor Dorsey, Police Chief James L. Beavers, Detective Chief Newport Lanford and other detectives and officials for the state, with formal subpoenas duces tecum, commanding them to bring to court all affidavits they may have which bear upon the state's case against Frank, were the only changes in the present situation.
Judge Roan also decided that the trial of Frank would be held not in the regular room in which he holds his division of court, but in one of the rooms in which the civil division of the superior court sits.
Where Trial Will be Held.
This was done, the judge explained, because the ceiling is very low in the courtroom in the Thrower building, where his court regularly sits, and the room is ventilated by windows only on one side. The trial will be held, according to present plans, in one of the courtrooms in the old city hall, corner South Pryor and East Hunter streets, where the ceilings are higher and windows can be thrown open on both sides of the room to allow ventilation.
Solicitor Dorsey appeared very anxious to have the trial take place on June 30, the date he had in his official capacity as solicitor, named. He states that his only reason for this is that the state is ready, and he is anxious to dispose of the case as soon as possible.
This date was stricken out by Judge Roan when Attorney Reuben Arnold, for the defense, came out with the statement that the trial would last two weeks. July 14, another date suggested, was left out upon the statement by Attorney Arnold and Attorney Luther Z. Rosser, both for the defense, that they would be engaged in the trial of Mrs. Mattie Flanders, in Swainsboro, Georgia At that time the two Atlanta attorneys who are working together in the Frank defense, will oppose each other. Attorney Rosser will represent the defense, while his colleague will aid the prosecution.
Judge Roan, in announcing his determination of the trial date, stated that he believed that it was necessary to set a definite date, formally agreed upon by both sides and thus eliminate a further delay. The judge took the position that the case, while before the law similar to any other, is really different, in that it will be one in which many veniremen and witnesses must be brought into court, and a postponement would cost the state a large sum of money.
Both sides announced in court that they would be ready when the time comes.
