Monday, 22nd September 1913: One Of Four Judges Hears Frank Motion?, The Atlanta Journal

Judgeships Certain to

Change

Before Motion for New

Trial Is Brought

It was stated on good authority Monday that Judge B. H. Hill

of the state court of appeals, recently appointed by Governor

Slaton to the new judgeship in Fulton county's superior court, will

resign his position in the court of appeals on October 11; and that

Judge Roan, now presiding in the criminal division of the Fulton

court, recently appointed to succeed Judge Hill on the court of

appeals, will continue upon the bench of the Stone Mountain

circuit until about the same date.

There has been much conjecture upon this point, for it

involves incidentally the matter of what judge will hear the Frank

motion for a new trial in the Mary Phagan murder case.

The law creating the new judgeship does not specify any of

the four superior court judges of Fulton to hear criminal cases. If

the Frank motion, set for October 4, is heard before October 11,

as it probably will not be, Judge Roan will consider it. If it goes

beyond that date, the four superior court judges, including Judge

Hill will confer and designate one of their number to hear the

Frank motion. Therefore, Judge Pendleton may hear it, or Judge

Bell, Judge Ellis or Judge Hill.