Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-24
BOTH SIDES
READY F Or
TRIAL On
MONDAY
Probability OF Defense Asking for
Continuance Less-Gantt
important Witness.

That Leo NJ Frank will go at once
on trial for his life next Monday when
he is brought before the court on the
charge Of strangling little Mary Pha-
gan was the strong probability dis
cussed in court circles Tuesday.
The case has been set for this date.
The prosecution has announced that
its case has been practically complete
for days. The defense has said that
all its vital witnesses have been found.
There has been no intimation that
continuance WIN be asked unless 1T be
for some contingency as the illness Of
Frank or Of an important witness.
The defense has been non commit
tai. The attorneys have not said that
they would ask for postponement.
They also have refused to say that
they would not seek a delay.
Rosser Retieent.
Luther q. Rosser Franks attorney.
has carefully avoided answering the
direct question whether he would be
ready for trial on that day. Reuben
r. Arnold. associated with him, said
the case was complete, but he, too,
evadsd a statement as to whether they
would consent for the trial to begin
next week.
Solicitor Hugh NJ. Dorsey Is making
his preparations for the trial on the
supposition that the defense will b.
ready, and he will urge before the
court that the case be tried on the
date set. He summoned the first wit
nesses Monday and Tuesday, and
when court opens next Monday he will
have the corridors filled with persons
who will testify against Frank. His
preparations could not be more com
plete If he had received an announce
nnent from the defense that no con-
tinuance would be asked.
Both the prosecution and the de-
Tense will have at least twelve vital
WITNESSES The inability of one to
attend the trial, unless by death or
removal from the jurisdiction of the
court, would neeessitate a contin-
uanee until this witness could attend
the trial.
ArnoId's Stand.
Attorney Arnold openly admitted
that II one of his important witness
es was not able to appear in Franks
behaf when the ease was called, he
would move for a continuance and
would not consider going to trial on
the chance Of the witness appearing
later.
one strong indication that the case
will be tried Monday lies in the
length of time that will in all prob
ability be taken in securing a jury.
More than a day and half, at least,
will be required in selecting twelve
men from the panel of u. During
this time, when no evidence will be
taken. either side will have an oppor-
tunity to locate any witness who
might not answer Monday morning.
J. NJ. CAN'T, one of the first to be
arrested as a suspect, will be one Of
the most important witnesses for the
State.
DEVELOPMENTS since he testified at
the Coroners inquest, it is IN
derstood, have made his evidence Of
the utmost Importance. He was one
of the few witnesses to go before the
Grand Jury when Frank was indicted
and he was closely questioned by the
Solicitor Monday afternoon when he
finished questioning Conley. 1t is said
that evidence that could have been
given by him in the examinations be-
fore the Conley AFFIDAVIT was made,
hut was considered of no relative i'm
portance then. is now Of vital interest
10 the State and he will be one Of the
star witnesses.