Monday, 15th December 1913: Frank Case Opens In Supreme Court, The Atlanta Constitution

Defense

Expected to Ask Extension of Time for Argument

Reuben Arnold to Be First Speaker.

Attorney Reuben Arnold opens first fire in the fight before the supreme court for a new trial for Leo M. Frank, which begins at 9 o'clock this morning.

It is generally predicted that the battle will shatter all previous hearings before the supreme court.

A vigorous request will be made, it is intimated, for extension of time for argument, which is prophesied to carry the hearing as long as four days more.

Attorney Arnold stated to a Constitution Reporter last night that the defense, in all probability, would urge an extension, but that no definite decision had yet been reached.

Solicitor Hugh Dorsey stated that the prosecution, in event the defense did not beg furtherance of time, would not make the request, but would be content with the regulation four hours, which grants two hours to each side.

The program of addresses contains four speakers Attorney Arnold and L. Z. Rosser, for the defense; Solicitor Dorsey and Attorney General T. S. Felder, for the prosecution.

Following Mr. Arnold's argument will come the attorney general, who will be followed by the solicitor.

The final address will be made by Mr. Rosser.

Attorney Frank Hooper, the solicitor's aid in the prosecution, will not take an active part in the hearing on account of absence from the city.

His vacancy will be filled in the prosecution's line-up by the attorney general, who is automatically brought into the case by its presence in the supreme court.

It is doubtful whether there has ever been a murder case in Georgia which has aroused more wide-spread public interest than has the Leo M. Frank case.

Ever since the little Phagan girl was found dead in the cellar of the National Pencil factory early Sunday morning of the 27th of last April, the public has been keenly interested in the running down and punishment of her slayer.

In all probability, the second division of the supreme court, consisting of Presiding Justice Robley D. Evans and Justices Atkinson and Hill, will hear the argument in the case.

One of these judges who hear the argument will be selected to write the opinion of the court.

"In the ordinary course of events," said a justice of the supreme court to a representative of The Constitution Sunday, "this case will be considered at our first meeting in bank on the second Monday in January and our decision would be rendered a few days thereafter."

"The record in this case is so bulky, however, the briefs so long and the authorities cited so numerous, that it is not unlikely that the case will go over to our February meeting in bank before the court can come to a conclusion upon it.

If there should be a sharp division of opinion among the justices, it might take even longer."

Whenever a decision is rendered, it will be the opinion of all six justices of the court.

Should there be a division, of course, the opinion of the majority would control.

If, as is sometimes the case, the justices should be evenly divided, three and three, then the judgement of the lower court would stand affirmed by operation of law, and Frank would hang, unless the governor, by the exercise of his prerogative of clemency, interfered.

There is no doubt that every possible legal appeal that can be made to save the life of Frank will be exhausted before his attorneys give up the case.

They express themselves as very confident of securing a new trial from the supreme court, in the event of which a change of venue, probably to Chatham County, will be asked.

If the court should deny a new trial, an appeal may be taken to the supreme court of the United States on the ground that the defendant has not been given a fair trial, or "due process of law," to use the language of the constitution.