Friday, 12th December 1913: Frank’s Lawyers Complete Brief, The Atlanta Constitution

Judge Roan's Ruling Is Severely Criticized in Appeal to Supreme Court for New Trial

Judge L. S. Roan's ruling in the Frank case was severely criticized in the brief which Frank's attorneys will file with the supreme court today.

It is charged that Judge Roan refused to grant the defendant a new trial when he himself admitted that he was in doubt as to his guilt.

The brief was presented to Solicitor General Hugh M. Dorsey Thursday.

The brief of the evidence has also been completed and the attorneys will be in readiness to begin anew their fight for Frank's life when the case is called in the supreme court next Monday.

The brief of the evidence is very lengthy, filling 600 pages of ordinary size.

The arguments will consume another 389 pages and the original motion for a new trial, together with the amended motion, 159 pages.

The total is approximately 1,100 pages.

What Defense Claims.

In commenting on Judge Roan's statement in refusing a new trial, the defense says, in part:

"The court keeping in mind the danger and the temptation has repeatedly reversed the court below when it appeared from the record that the trial court, from timidity or from misapprehension as to the law, failed to exercise his own discretion and substituted the verdict of the jury for the discretion which it is the solemn duty of the court to exercise."

"It is, of course, true that the court in determining whether or not the trial court has exercised or failed to exercise its legal discretion will look solely to the record, giving full force to the presumption that the court has exercised its discretion and that the verdict does, in fact, meet his approbation.

In the present case the court rendered an oral judgement, as will be seen from the bill of exceptions."

"What must have been the state of mind of the trial judge when he denied this motion?

What a turmoil of mental doubt and vacillation must have overwhelmed him?

Think of the case as he might and as much as he said he did, he was yet unable to find a yard of solid conviction on which to stand.

Try as earnestly as he did, he reached and could reach no conviction that satisfied his heart or his conscience. Unsettled and perturbed, with no hope of peace or rest, he casts the whole burden upon the jury."

When the Frank case is called next Monday, the attorneys will ask for a longer time to present their argument than the usual two hours allowed to a side.