Tuesday, September 30th, 1913: Commission Asks Why Jail Is Overcrowded, The Atlanta Journal

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Commission Asks Why Jail Is Overcrowded

Solicitor Replies That 130 Cases Hang Fire for Lack of Judge and Court

The board of county commissioners has officially called the

attention of the solicitor general to the unusually crowded

condition of the Fulton County jail, and has asked the reason for

the delay in the disposition of felony cases.

This is the first time that the county commission has taken

official cognizance of congested jail conditions and it is causing

considerable comment.

The solicitor general has replied to the board's letter, stating

that he is ready to take up the trial of jail prisoners whenever he

can secure a judge and a court room, which will probably not be

before October 13, when Judge Ben H. Hill takes up his duties as

judge of the superior court of this circuit.

There are said to be 130 felony prisoners in the Fulton

county Tower at present, and many of them have been

languishing in the prison for several months.

The Frank case prevented the usual midsummer court term

at which the jail is generally cleared, and the fact that Judge Hill

and Judge L. S. Roan are to exchange places, is causing further

delay.

The county commission is interested in the situation

especially because of the expense of holding so many prisoners in

the jail. Each prisoner costs the county 30 cents a day for food

alone, and the extended stay in the Tower of some of them is

making it quite expensive.

In an effort to clear the jail of city court cases, Judge Andy

Calhoun has recently completed a solid month's court, disposing

of many cases, but more than 100 prisoners, who will be tried in

his court, are still in the Tower.

Most of their cases, however, will be disposed of during the

coming week.

There is no prospect, despite the letter of the county

commission, of a session of the criminal division of the superior

court until the week of October 13. Judge Roan is qualified to

preside, but in every case where he is the presiding judge he

disqualifies himself for passing on any question relative to the

trial should it come before him while on the bench of appellate

court, where he will be just as soon as Judge Hill resigns his seat.

Besides the 130 cases in the Tower, there are approximately

750 indictments which are pending and ready to be disposed of in

the superior court.

There are probably 1,500 indictments upon which the court

has never acted officially, but about one-half of them for varying

reasons are termed Dead and will never be tried.

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FRANK TRIAL MOTION READY FOR SOLICITOR

Amended Motion to Be Served on Dorsey Wednesday"

Hearing Later Before Hill

The amendment to the motion for a new trial for Leo M.

Frank, convicted of the murder of Mary Phagan, will be served

upon Solicitor General Hugh M. Dorsey during the day

Wednesday, together with the defense's brief of the evidence.

The motion and the brief will both be voluminous affairs, and

in the former Attorney Luther Z. Rosser is expected to ask a new

trial on many different counts.

In fact, the trial will probably be thoroughly covered, the

defense asking for a new trial on practically every point, where it

was originally overruled.

In addition to the legal points, where the court held against

the defense, it is expected the amendment will ask a new trial on

the ground that the crowd in the court room on several occasions

applauded when the solicitor scored, and that the jury heard the

crowds in front of the court house when they would cheer Dorsey

as he left the building. The public sentiment against Frank will

play a part in the document.

It is definitely known that efforts have been made by the

defense to collect evidence showing that some of the jurors were

prejudiced, when they were sworn, and it is considered probable

that this charge will be made in the amendment. The document,

however, will not contain affidavits or other evidence to this

effect. Any evidence that jurors expressed prejudice or conviction

before the trial will be held until the hearing of the motion.

One of the principal points upon which it is expected the

motion will be based is that Judge L. S. Roan erred in admitting

Jim Conley's testimony relative to alleged previous transactions of

Frank, and other testimony, which was introduced to corroborate

his statements.

The incident, where Judge Roan was reading a newspaper

the headlines of which are alleged to have been seen by the

jurors, will probably be used.

The defense throughout the four weeks of Frank's trial was

constantly objecting to the testimony of state's witnesses, and

the statements brought out on cross-examination of its own

witnesses by the solicitor. In a number of instances, the court

ruled with the state and each one of these is expected to form a

count in the motion.

The hearing of the Frank motion is set for next Saturday. It

would be practically impossible for the solicitor general to prepare

his answer by Saturday, and the idea that the motion will actually

be argued then is not seriously considered.

It is possible, however, that an effort will be made to

postpone the case only for a week in order that it may be

disposed of before Judge L. S. Roan leaves the superior court

bench. It is hardly probable, however, that the solicitor general

can get ready his answer even in that time, and the actual

hearing of the motion will probably fall upon Judge Benjamin H. Hill.