Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-04-16
DATE Of FRANK
HANGING ONLY
ONE DAY OFF
Interest Centers in Disposition Of
Extraordinary Motion-DeIay
Of Execution Certain.

with only day intervening before
the date set for he execution OF Leo
Frank. interest centered Wednesday
in the probable outcome Of the ex-
traordinary motion which viii be filed
Thursday with Judge Hin
Frank Is under sentence to be
hanged on Friday. but It is regarded
az certain that his execution win be
delayed for weeks and possibly
months
Judge HID may make any one OF
three dispositions OF the motion for
new trial He may deny It at once
without allowing the lawyers for the
defense an opportunity to offer oral
arguments Should Solicitor Dorsey
announce that he had no counter
showing 10 make Inc Judge coulo
permit the hearing to go on at once.
Fixing OF Hearing Likely.
The probable procedure, however,
VIII be the setting of a date for
hearing on the motion and the issu-
ance OF an order supersedng the SEN
tence 20 hang. Should the motion he
denied by Judge Hin Thursday
Franks lawyers can make an appeal
TO the Supreme Court which will have
HE effect Of STAYING execution While
the appeal is under consideration.
The defense also will have recourse
to an appeal in the event that the
motion is denied after a hearing Of
arguments. The supreme Court hear
ing is immediate.
Solicitor Dorsey was expected to
return to Atlanta Wednesday after
noon TO complete his preparations for
fighting the extraordinary, motion. lie
las been in Naldosta nearly a week
working on the case lie has num-
Der OF counter afiidayits IN his pos
session with which he proposes 70
combat the new evidence which has
been obtained by Franks lawyers. II
he files these with Judge Hill, 1t is
| likely that counsel for the defense will
ask for time in which to prepare re
plies
Georgia practice ordinarily gives a
defendant every opportunity to show
reason for p new trial and to appeal
to tho higher court where it is APP
parent that the motion is made in
good faith For this reason persons
interested in the case anticipate that
| there is no probability that the SEN
! tence Of hanging viii he carried out
Friday, &A
Burns Has Not Returned.
| Detective Burns had not returned to
! Atlanta Wednesday from his trip to
/ chicago and other cities where he
went last Saturday night in connec-
/ tion with the case His findings will
not be incorporated in the eXtraor-
| binary motion for new trial as it Is
1 filed Thursday. the intention being to
/ await the completion Of his investi-
cation and then place his entire re
4 port IN the motion in the event that
/ it is favorable to Frank.
! Solicitor Dorsey has expressed a
| doubt as to the legality Of amending
/ the extraordinary motion after il Is
/ filed and il is supposed that he will
/ oppose any move of the sort. Counsel
| for Frank say that they have no I'M
easiness on this point They declare
/ they are privileged to amend the mo-
| ton right up to the time Of the az
! guments
The extraordinary motion will be
| fled with Judge Hill in his court room
ct the Thrower Building at 10 o'clock
( Thursday morning Judge Hill viii
! then set the date for the hearing and
/ issue the order to stay the execution.