The Lancaster news. [volume] (Lancaster, S.C.) 1905-current, 1913-09-19
LEO FRANK WILL GET
STAY OF SENTENCE
Date For New Trial Hearing
to be Postponed.
WILL NOT HANG THIS YEAR
Motion For New Trial Will be Put
OF From October to
December.

The following is from The At
lanta Journal of today:
That Leo NJ. Franks motion for
new trial will not be heard until
december, and that then the iudpe
TO grant or deny the famous prisoner
another hearing will be Judpe pen
jamin H. Hill instead of Judge l.. 8
Roam, the trial judge, are two inn
portant facts in the case which he
came public Thursday.
Attorney Luther Il. Rosser, leading
counsel for Frank, has been working
uhtlrlngly on the case, preparing his
motion, but it is sal that the docu-
ment Will not be c. cluded possibly
until only a short time before the
date set for the hearing of the mo-
ton, October 4.
After he has been duly served with
the defense's motion Solicitor Dorsey
VIII require at least a month to com
plete his answer.
The congested condition of the
criminal docket makes it certain thaA
the solicitor will be in court con-
stantly during the month of October.
and VIII have little opportunity of
working on any except the cases
daily. The number of jail felony
cases now pending breaks all records
and 1t is essential that the solicitor
devote his time to clearing the jaiI
just as soon as he can secure Judge
TO preside in the criminal division.
This will be October /, when Judge
Hill leaves his place as chief justice
OF the court of appeals and COM
mences his work as a Judge of the
superior court of Fulton county.
Judge Roam on October l becomes
a judge of the court of appeals. and
as such he will not hear it is au-
thoritatively said, the motion for a
new trial for Frank despite the fact
that he was the trial Judge The
hearing of the motion will automati-
cally fall upon the shoulders of Judge
Hill.
Although Attorney Rosser refuses
to forecast the probable time of the
completion of his motion, attorneys
generally state that owing to the
voluminous record of the Frank trial,
that an attorney would scarcely be ex-
pected to complete such a motion in
the time that will have elapsed from
the end of the Frank trial to the
date set for the hearing of the mo-
ton. However, regardless of wheth-
er or not the defense asks for addi-
tional time in preparing the motion
it is certain that the solicitor will
ask that the hearing be postponed
and under the circumstances there is
little probability g. his plea for adj
ditional time will denied by the
court.
A court order will then be issued,
staying indefinitely the day Of the
execution of Frank, which has been
set for October 10.
That the defense will charge that
much of the evidence introduced at
the trial was procured through the
third degree" is certain. Only
Wednesday attorneys for the defense
secured from the solicitor the origi-
nal affidavit made the detectives by
Minola Mcknight, the Selig cook. 1t
is remembered that the negress re-
pudiated the affidavit on the witness
stand, declaring that it was eXtorted
from her by the city detectives.
The court of appeals only recently
in a decision written by Judge Hill.
who will be on the superior court
bench when the motion is tried, de-
clared that testimony secured
through the third degree was value
less in a court and could not legally
be admitted.