Tuesday, September 30th, 1913: Commission Asks Why Jail Is Overcrowded, The Atlanta Journal
The Atlanta Journal,
Tuesday, 30th September 1913,
PAGE 1, COLUMN 1.
Commission Asks Why Jail Is Overcrowded
Solicitor Replies That 130 Cases Hang Fire for Lack of Judge and Court
The board of county commissioners has officially called the
attention of the solicitor general to the unusually crowded
condition of the Fulton County jail, and has asked the reason for
the delay in the disposition of felony cases.
This is the first time that the county commission has taken
official cognizance of congested jail conditions and it is causing
considerable comment.
The solicitor general has replied to the board's letter, stating
that he is ready to take up the trial of jail prisoners whenever he
can secure a judge and a court room, which will probably not be
before October 13, when Judge Ben H. Hill takes up his duties as
judge of the superior court of this circuit.
There are said to be 130 felony prisoners in the Fulton
county Tower at present, and many of them have been
languishing in the prison for several months.
The Frank case prevented the usual midsummer court term
at which the jail is generally cleared, and the fact that Judge Hill
and Judge L. S. Roan are to exchange places, is causing further
delay.
The county commission is interested in the situation
especially because of the expense of holding so many prisoners in
the jail. Each prisoner costs the county 30 cents a day for food
alone, and the extended stay in the Tower of some of them is
making it quite expensive.
In an effort to clear the jail of city court cases, Judge Andy
Calhoun has recently completed a solid month's court, disposing
of many cases, but more than 100 prisoners, who will be tried in
his court, are still in the Tower.
Most of their cases, however, will be disposed of during the
coming week.
There is no prospect, despite the letter of the county
commission, of a session of the criminal division of the superior
court until the week of October 13. Judge Roan is qualified to
preside, but in every case where he is the presiding judge he
disqualifies himself for passing on any question relative to the
trial should it come before him while on the bench of appellate
court, where he will be just as soon as Judge Hill resigns his seat.
Besides the 130 cases in the Tower, there are approximately
750 indictments which are pending and ready to be disposed of in
the superior court.
There are probably 1,500 indictments upon which the court
has never acted officially, but about one-half of them for varying
reasons are termed Dead and will never be tried.
PAGE 1, COLUMN 3
FRANK TRIAL MOTION READY FOR SOLICITOR
Amended Motion to Be Served on Dorsey Wednesday"
Hearing Later Before Hill
The amendment to the motion for a new trial for Leo M.
Frank, convicted of the murder of Mary Phagan, will be served
upon Solicitor General Hugh M. Dorsey during the day
Wednesday, together with the defense's brief of the evidence.
The motion and the brief will both be voluminous affairs, and
in the former Attorney Luther Z. Rosser is expected to ask a new
trial on many different counts.
In fact, the trial will probably be thoroughly covered, the
defense asking for a new trial on practically every point, where it
was originally overruled.
In addition to the legal points, where the court held against
the defense, it is expected the amendment will ask a new trial on
the ground that the crowd in the court room on several occasions
applauded when the solicitor scored, and that the jury heard the
crowds in front of the court house when they would cheer Dorsey
as he left the building. The public sentiment against Frank will
play a part in the document.
It is definitely known that efforts have been made by the
defense to collect evidence showing that some of the jurors were
prejudiced, when they were sworn, and it is considered probable
that this charge will be made in the amendment. The document,
however, will not contain affidavits or other evidence to this
effect. Any evidence that jurors expressed prejudice or conviction
before the trial will be held until the hearing of the motion.
One of the principal points upon which it is expected the
motion will be based is that Judge L. S. Roan erred in admitting
Jim Conley's testimony relative to alleged previous transactions of
Frank, and other testimony, which was introduced to corroborate
his statements.
The incident, where Judge Roan was reading a newspaper
the headlines of which are alleged to have been seen by the
jurors, will probably be used.
The defense throughout the four weeks of Frank's trial was
constantly objecting to the testimony of state's witnesses, and
the statements brought out on cross-examination of its own
witnesses by the solicitor. In a number of instances, the court
ruled with the state and each one of these is expected to form a
count in the motion.
The hearing of the Frank motion is set for next Saturday. It
would be practically impossible for the solicitor general to prepare
his answer by Saturday, and the idea that the motion will actually
be argued then is not seriously considered.
It is possible, however, that an effort will be made to
postpone the case only for a week in order that it may be
disposed of before Judge L. S. Roan leaves the superior court
bench. It is hardly probable, however, that the solicitor general
can get ready his answer even in that time, and the actual
hearing of the motion will probably fall upon Judge Benjamin H. Hill.