Saturday, 15th November 1913: Franks Appeal Is Set For Thirty Days Hence, The Atlanta Journal

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Bill of Exceptions Reaches Su-

preme Court- Will Conley Be

Tried Next Week?

Leo M. Franks bill of exceptions to

the judgement of Judge L. S. Roan in refusing him a new trial reached the clerk

of the supreme court Saturday at noon. The case was placed upon the calendar

for argument on December 15.

Murder cases come to the supreme court

on what is known as a fast writ, which means that they take precedence over

civil cases in the consideration of the court. It is likely that the supreme

court will render its decision in the Frank case within from four to six weeks

at the latest.

James Conley, the negro who has been

indicted as an accessory after the fact of the Mary Phagan murder will probably

not be arraigned again in the superior court until Thursday.

His attorney, William M. Smith, may be

out of the city for the first part of the week, but will return Thursday and if

the negros case is not reached during the week, states that he will file a

demand for trial on the minutes of the court.

Solicitor Hugh M. Dorsey is said to be

anxious to try the case.

The solicitor called the case last week

but Judge Ben H. Hill refused to allow him to proceed with the trial, and then

announced that it would not be tried before Monday.

The solicitor is expected to use every

effort to carry out the police of protection for the negro against a murder

charge, which he announced during this sensational speech at the Frank trial.

The blocking of the solicitors effort

to dispense of the Conley indictment, which would insure the negro against

trial for murder regardless of the decision of the supreme court in the Frank

case or the action of a jury, which may try him again, caused much comment.

There is no doubt that should Frank

ever be cleared of the crime for which he was convicted, that strenuous efforts

to cry Conley for murder will be made, unless action of the court now makes it

impossible.

Judge Hill refused to make a statement further

than that the case would not be tried before Monday, and it is not known

whether or not he will again block Dorsey, when the effort is again made to try

Conley on the present indictment.

The transcript in the case of Leo M.

Frank, delivered to the clerk of the supreme court Saturday by the clerk of the

superior court, covers 690 closely typewritten legal pages and the bill of

exceptions about 70 pages.

The clerks costs in the case a result

amount to approximately $600 which will be paid by the defense, as it carries

the case to the supreme court.

PAGE 3, COLUMN

2

SANITARIUM

ORDINANCE

UPHELD BY HIGH COURT

Dr. Neall Loses Fight to Secure

Patients in Home Without

Citys Permission

The

validity of section 1430 of the city code of Atlanta, which prohibits the

operation of a hospital, sanitarium, asylum or similar institution within the

city limits, unless a permit has first been secured from the mayor and general

council, was upheld Friday morning by the state supreme court.

The

case decided by the supreme court was that of Dr. J. H. Neall versus the city

of Atlanta. On July 16, 1912, a case was made in police court against Dr. Neall

for maintaining a house where persons were received for treatment without

first having obtained the consent of the mayor and council.

Recorder

Broyles fined Dr. Neal $100.75, and he certioraried the case to the superior

court of Fulton county. He denied he conducted a sanitarium, but said that his

office was located in his residence at 236 Gordon street, and that sometimes

while his patients were under treatment he took them in his home and boarded

them with his wife.

While

the certiorari was pending Dr. Neall appeared before Judge George L. Bell, of

the superior court, and asked for a permanent injunction to prevent Detective

Chief N. A. Lanford and Police Chief James L. Beavers or any of their men from

interfering with his practice. He alleged they were threatening to make a case

against him for every day he continued treating patients at his home. Judge

Bell declined to grant the injunction and the supreme court affirms his

decision.