Monday, 29th September 1913 Delay On Frank Hearing Seems Unavoidable

Dorsey Can Not Tell if He Will

Be Ready by Saturday, and

Rosser Says Nothing.

Postponement of the hearing of the motion next Saturday for a new trial for Leo M. Frank, convicted of the murder of Mary Phagan, appeared certain Monday, according to information from various authoritative sources.

The probabilities of the motion being heard before Judge Roan, the trial judge, were as much in doubt as ever, despite the fact that Judge Roan has expressed a desire to see the case disposed of before he retries from the bench, as well as the desire of Solicitor General Dorsey to have Judge Roan hear the motion.

However, the unexpected may happen. Judge Hill may not relinquish his place on the Court of Appeals bench until the Frank motion has been heard, it is said, as a result of his expressed hesitancy to hear the motion for a new trial in a case with which, from a strictly legal standpoint, he is entirely unfamiliar.

A postponement is regarded as certain, in view of an informal statement made by Solicitor General Hugh Dorsey, who declared Monday he had not heard one word from the defense in regard to the submitting of papers containing contentions for a new trial.

"I am going to do all I can," said Mr. Dorsey, "to have the case ready by October 4, but this depends entirely on the length and character of the matter presented to me by the defense."

"Should the papers, for instance, contain matter attacking jurymen, which would require the summoning of witnesses perhaps from various parts of the State, then the possibilities of getting ready on schedule are slight."

"All I can say is that I simply can not tell at this time whether I can be ready by Saturday or not."

Luther Rosser, attorney for Frank, declared Monday he had nothing to say regarding the matter.