Tuesday, 16th September 1913 No Judge To Try Fulton Docket

The Atlanta Georgian,

Tuesday, 16th September 1913.

Frank Case and New Bench Appointments Cause Congestion

in Court 100 Await Trial.

Solicitor General Dorsey is on a still hunt for a judge to conduct the large grist of cases which have piled up since the June term of court. The Frank trial caused all other court busine accumulate, and the recent bench appointments still further have delayed the disposal of several scores of cases.

More than one hundred prisoners are in the county jail awaiting trial. Some of them have been there much longer than is usual to hold them before trial. The Solicitor wishes to have them placed on trial at the earliest possible moment and does not wish to wait until some time in October for Judge Ben H. Hill to take the new Atlanta circuit judgeship if he can avoid this delay.

An effort is being made to have one of the Superior Court judges preside. If this fails, it is probable that a judge from an outside circuit will be brought in.

Conley One To Be Tried.

Jim Conley, self-confessed accessory after the fact in the murder of Mary Phagan, will be one of those placed on trial. Nothing of the spectacular interest that obtained at the Frank trial will be shown when the negro is brought into court. It will be little more than a formality. Conley will plead guilty and will eb sentenced. There will be no witnesses.

Judge Roan will hear the argument for a new trial of Frank October 4, but all the subsequent litigation in behalf of the convicted man will be heard by another judge.

The recent bench appointments also may cause another delay in the settlement of the celebrated Crawford case. Mrs. Mary Belle Crawford has been accused of poisoning her wealthy husband, Joshua Crawford. Solicitor Dorsey found himself disqualified to act as the prosecutor of Mrs. Crawford. Frank A. Hooper and several others were named later to act in this capacity the same disqualification existed in each case. Charles S. Reid finally was selected to draw up the blank bill of indictment against the accused woman and conduct the prosecution.

Defense Urges Haste.

He was prepared to go ahead with the case until it became known that Governor Slaton had appointed him as the judge of the Stone Mountain Circuit, of which he now is prosecutor. This will make it necessary to select still another attorney to conduct the case against Mrs. Crawford and may result in a delay of several weeks more.

Burton Smith, one of her attorneys, said Monday, that it was the desire of Mrs. Crawford's counsel to bring the accusations to an issue as soon as possible. He declared that if the members of the Grand Jury regard the evidence against her sufficient to warrant an indictment, her lawyers were anxious that this be done at once so that Mrs. Crawford would have the opportunity to defend herself.

PAGE 17, COLUMN 5

FRANK'S TRIAL NOT FAIR, SAYS PASTOR

The Rev. A. R. Holderby Blames

Popular Prejudice and Clamor

for Vengeance.

The Rev. A. R. Holderby, pastor of the Moore Memorial Church, declared from the pulpit in his Sunday sermon that Leo M. Frank, convicted of the murder of Mary Phagan in the South's most notable criminal case, was the victim of an unfair trial.

The minister described the popular prejudice and the clamor for vengeance following the crime and asserted that the conditions forbade a fair trial of the accused man.

He did not attempt to pass on Frank's guilt or innocence, nor did he go into the merits of the case itself, contenting himself with the declaration that, regardless of Frank's innocence or guilt, he was entitled to a fair and impartial trial and failed to get it.

Public Mind Was Influenced.

"If the trial were conducted without vindictiveness and prejudice and the testimony were sufficient to convict, then the verdict was just," he said. "But if, on the other hand there were prejudice and a clamor for vengeance, then the trial was no fair and impartial."

"No one can deny that the public mind was inflamed at the perpetration of the crime, and justly so, and that prejudice ran high. Then, under these conditions the trial was not fair and impartial."

"If Leo Frank has had a fair trial and has been found guilty upon the most reliable testimony and there is no reasonable doubt as to his guilt, he should suffer the penalty of the law."

"When Prejudice Runs High."

"But it is a dangerous experiment to convict any man of a crime at a time when the public mind is unduly excited and when prejudice is at its height. Far better wait until sober judgement can prevail and better by far to let a dozen guilty men go unpunished than to take the life of one innocent man."

"When the State hangs a man innocent of a crime it is guilty of judicial murder. No man's life or liberty are safe when either can be taken away merely upon circumstantial evidence or because public sentiment demands vengeance. Jesus Christ was crucified under just such conditions."