Thursday, 18th September 1913: Detective John Black Jailed In Birmingham, The Atlanta Journal

Reading Time: 6 minutes [871 words]

Such Is Unofficial

Report Re-

ceived by Chief

Beavers,

Is Accused of

Fighting

Unofficial reports received by Chief of Police, James L.

Beavers, Thursday morning from Birmingham, Ala., confirm, it is

said, telegraphic dispatches from that city to the effect that

Detective John Black, of the Atlanta department, had been

arrested there with J. F. Hargrove, also of Atlanta, following a fight

between the two in the Exchange hotel Wednesday night. The

charge, that of disturbing the peace, will be aired in the recorder's

court Thursday afternoon.

According to the reports from the Alabama city, the arrest

was made at the insistence of the hotel management, who

summoned officers to quell the disturbance in a room occupied by

the two men. On entering, the officers are reported as having

found Black and Hargrove scrapping on the floor. The latter's face

was badly bruised and the Atlanta sleuth also showed evidences

of the fight, the report goes.

Black declined to make a statement when taken to the city

hall, but Hargrove was less reticent in discussing the reported

disturbance. Ihe is said to have admitted being under $100 bond

on the charge of selling cocaine in Atlanta and intended returning

there. In Birmingham he met Black, who placed him under arrest,

but was later released. They both went to the hotel he said, where

the trouble occurred. Black had gone to Birmingham to get

Hargrove who, Chief of Detectives Lanford declared, was resisting

extradition.

PAGE 1, COLUMN 3

DATE FOR FRANK'S

NEW TRIAL

HEARING

TO BE

POSTPONED

Convicted Man Will Not

Hang

This Year, as Motion

for

New Trial Will Be Put

Off

From October 4 to

December

JUDGE HILL AND NOT

JUDGE ROAN WILL

ACT

Crowded Conditions of

Solic-

itor's Work and

Rosser's

Plea for More Time to

Get

Motion Ready, Cause

Delay

That Leo M. Frank's motion for a new trial will not be heard

until December, and that then the judge to grant or deny the

famous prisoner another hearing will be Judge Benjamin H. Hill

instead of Judge L. S. Roan, the trial judge, are two important

factors in the case which became public Thursday.

Attorney Luther Z. Rosser, leading counsel for Frank, has

been working untiringly on the case, preparing his motion, but it

is said that the document will not be concluded possibly until only

a short time before the date set for the hearing of the motion,

October 4.

After he has been duly served with the defense's motion

Solicitor Dorsey will require at least a month to complete his

answer.

The congested condition of the criminal docket makes it

certain that the solicitor will be in court constantly during the

month of October, and will have little opportunity of working on

any except the cases which are brought before the court daily.

The number of jail felony cases now pending breaks all records

and it is essential that the solicitor devote his time to clearing the

jail just as soon as he can secure a judge to preside in the

criminal division. This will be October 1, when Judge Hill leaves his

place as chief justice of the court of appeals and commences his

work as a judge of the superior court of Fulton county.

Judge Roan on October 1 becomes a judge of the court of

appeals, and as such he will not hear, it is authoritatively said, the

motion for a new trial for Frank despite the fact that he was the

trial judge. The hearing of the motion will automatically 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 eb expected 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 motion. However, regardless

of whether or not the defense asks for additional 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 that his plea for additional time will be denied by the

court.

WILL NOT HANG THIS

YEAR.

A court order will then be issued, staying indefinitely the day

of the execution of Frank, which has been set for October 10.

It is possible that the date of the hearing might be set for

some time during the latter part of November, but is more

probable that it will be extorted from her by the city detectives,

given an opportunity to devote his time to the other pressing

business of his office.

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 original affidavit made the detectives by Minola

McKnight, the Selig cook. It is remembered that the negress

repudiated the affidavit made the detectives by Minola McKnight,

the Selig cook. It is remembered that the negress repudiated the

affidavit on the witness stand, declaring that it was extorted from

her by city detectives.

A part of the affidavit, despite the charges of the defense

and its repudiation by its maker, was introduced in evidence and

this, it is said, the defense will charge was admitted illegally.

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 declared that testimony secured through the third

degree was valueless in a court, and could legally be admitted.

PAGE 4, COLUMN 3

The Frank

Case

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