Monday, 22nd September 1913 Judge Roan Not To Hear Frank Trial Motion

JUDGE ROAN NOT

TO HEAR FRANK

TRIAL MOTION

Four Superior Judges Will Elect

One of Their Number to

Pass on Plea.

The puzzle in regard to the judge who will hear the motion for a new trial for Leo M. Frank as well as the date of the convening of the new branch of the Atlanta Superior Court, was cleared up somewhat Monday when it became known on good authority that Judge Ben Hill, appointed to the new judgeship, would tender his resignation as judge of the Court of Appeals on October 11.

Should the motion for a new trial in the Frank case be pending at that time, following a possible postponement on October 4, it may be heard by any one of the four Superior Court judges Judge Pendleton, Judge Ellis, Judge Bell or Judge Hill.

The rumor that Judge Hill would hear the motion in view of the fact that he is exchanging places with Judge Roan, who goes to the Court of Appeals, was set at rest following authoritative information that the four judges of the Superior Court will confer, according to custom, and decide which one shall hear the Frank motion.

According to all indications one of these judges actually will hear the Frank motion instead of Judge Roan, who will assume his new duties on the Court of Appeals bench immediately following the resignation of Judge Hill on October 11.

Frank's Lawyers

Opposed to Delay

Luther Z. Rosser, leading counsel for Leo M. Frank convicted and sentenced to hang for the murder of Mary Phagan, emphatically denied Monday morning that he intended to ask for a postponement of the hearing of arguments for a new trial, which has been set for October 4.

Attorneys on both sides of the noted case are merely marking time now, waiting for the reopening of the fight. Reuben Arnold, associated with Mr. Rosser in the Frank defense, will arrive home Tuesday, and in all probability will hold a conference with the rest of Frank's counsel soon and determine the plan of battle. The immense amount of work involved in the trial wore Mr. Arnold down, and it left Atlanta for an extended vacation shortly after the case closed.