1563 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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jury,and before more than one juror had been polled, to such an ex-
tent that the court had some difficulty in proceeding with the
poll or the jury,which then in progress and not finished.

In-
deed so great was the noise and confusion without that the court
heard the responses of the jury during the polling with some
difficulty.

While you was about ten feet from the jury.

In the
court room, shouting to the jury, lawyers, newspaper men and officers of
the court, and among them there was no disorder.

GROUND 75.

Public sentiment ceased to the Co rt to be
against him.

The court room was a small room, and during the argu-
ment of the case, so far as the Court could see, abut every sect
in the court room was taken, in and without the bar, and the aisles
at each and of the court room were packed with spectators.

The
doors of the court, and jury seats to the jury room,during the sess-
ion of the court, were dependent upon and from the jury room,during the sess-
evening and noon, were guarded in passage ways made for them
by the officers of court.

The crowd, the ocean room was
crowded, leaving only a small space to the jury.

The 16th was
their argument to the jury.

The jury box, when occupied by the jury,
was enclosed by the crowd sitting and standing in such close prox-
imity thereto that the whispers of the crowd could be heard during
a part of the trial.

When the Court's attention was called to this,
he ordered the Sheriff to move the crowd back and this was done.

For the defense, the argument of the Solicitor Mr.Arnold of counsel
and the crowd laughed an objection to the argument of the Solicitor.

On Saturday prison and the audience seemed to the Court.

Monday, the Court was considerably whether or not the verdict on
with the trial during Saturday evening, or to what he should go on
room was so apparent as to cause apprehension in without shout ex-
Court as to whether he should safely continue the trial during
Saturday evening and, in making up his mind about the wisdom of
thus continuing the trial, his Honor conferred with while on the
stand,and in the presence of the Chief of Police of
Atlanta, and the colonel of the Fifth Georgia regiment stationed
in Atlanta conferred with his Honor.

In a statement
press,apprehending trouble if the case continued, but the public
in a request to the court that he not continue the trial on Satur-
urday evening .

The court, being this advice, felt it unwise to at-
tend the case on Saturday evening and so stated on Saturday
morning.

It was evident on Monday morning that it until Monday-
and not subsided,and that it was as intense and excitable as
it had existed crowds were present ,and the court house was in
the same excited state.

When the Solicitor entered the court
room he was met with prolonged and boisterous applause, ladies and
gentleman present- by stamping their feet and clapping their hands
while the Jury was in their room about twenty feet away.

A mistrial, and while taking testimony to support it before the
Court, the crowd applauded when the witness testified that he did
not think the jury heard the applause of the crowd on Friday of
jury think about it was not in the court room,but were in the
jury room .

When the jury was finally charged by the Court,and the
once submitted to them,and when Mr.Dorsey left the court room, a
large crowd on the outside of the court house, and in the streets
cheered,yelling and clapping their hands, and yelling "Hurrah
for Dorsey".

When it was announced that the jury had agreed upon a
verdict, the crowd had thronged the court room to such an extent that
the court felt bound to clear the court room before receiving the
verdict.

This the court did,but, when the verdict of the jury was
rendered, and as soon as it had thronged the outside of the court house
someone signalled down to the crowd outside what the verdict was,and the crowd
on the outside raised the most boisterous approval.

So great was the
shouting and applause on the outside of the court room that some diffl-
culty in hearing the response of the jurors as the court had some
The defendant was not in the room when the poll of the jury
was rendered, his presence having been waived by his counsel.

The
waiver was accepted and acquiesced in by the Court, because of this
fear of violence that might be done the defendant were he in court.

EP

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