Wednesday, 23rd July 1913 Give Right of Way to Case of Frank

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The Atlanta Constitution

July 23rd, 1913

Attorneys for Relatives in the Crawford Will Hearing Are Willing to Yield Their Claim of Priority.

The conflict between the dates of hearing the litigation over the $250,000 estate of the late Joshua B. Crawford, and the trial of Leo M. Frank, charged with the Mary Phagan murder, may cause a postponement of the Frank trial, as Attorneys Reuben R. Arnold and Luther Z. Rosser are connected with both cases.

The Crawford hearing will be renewed today and by right of priority takes precedence over the other trial. It is expected, however, than an arrangement will be made whereby Attorneys Burton Smith and P. H. Brewster, representing Mrs. Mary Belle Crawford, the defendant, will continue the case and Attorneys Arnold and Rosser, also on the side of the defendant, will devote their time to the defense of Frank.

Crawford Attorneys Willing.

Attorneys J. S. James and Albert Kemper, representing the plaintiffs in the Crawford case, stated that under no circumstances did they wish to put off the Frank trial and that as far as their side was concerned the Crawford hearing might be postponed until the criminal case was disposed of.

Judge L. S. Roan, who is to preside over the trial of Frank, has stated that he would call the case Monday, but Attorney Arnold had declared that he wants the question of whether or not it is to be heard settled before the jurymen are summoned and a hearing in regard to that is expected this week.

Solicitor Hugh M. Dorsey is anxious to finish the Frank case and opposes any postponement. Frank's attorneys have shown no attempt at postponing it, except for the remark of Attorney Arnold, who asserted that he dreaded the thought of the long and tiresome trial during the hot season.

May Start on Date Set.

Judge Roan has also stated that he is willing to a postponement if the weather proves as hot on next Monday as it was recently, and it is believed that he would willingly grant a postponement until fall. As the solicitor is anxious for a trial and as Frank's attorneys appear not to want to ask a postponement except on good and sufficient ground, it is possible that the case will start on the date set and will be carried through.

Preparations are already being made in the courtroom on the first floor of the old chamber of commerce building where the case will be tried. Deputy Sheriff Plennie Miner, acting under orders from Judge Roan, had the janitors at work all day Tuesday putting in additional seats and benches and preparing for the crowd that is sure to attend the public hearing in which interest has centered for months.

Double the number of seats will be installed and after those directly concerned with the case have entered, a sufficient number of the general public will be allowed to come in until all vacant seats are taken. Then the doors will be closed and no one else will be allowed in the courtroom.

Deputy Miner has also ordered a dozen large electric fans which will be placed at intervals around the room to keep the air stirring and to draw as much fresh air through the large windows as possible.

 

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