Monday, 6th October 1913: Frank Given Indefinite Respite, The Atlanta Georgian
The Atlanta Georgian,
Monday, 6th October 1913,
PAGE 1, COLUMNS 1 & 8.
Hearing on New Trial Motion Is Postponed
PREJUDICE OF JURORS CHARGE
D
BY
MANY
Henslee, Accused,
Threatens Suit
Against Maker of
Affidavit.
Denies He Was
Biased.
With Leo M. Frank's sentence respited indefinitely, and the
hearing on his lawyers' motion postponed for a week, new
sensations were sprung in the fight for the convicted factory
superintendent's life with the revelation Saturday of the contents
of a mass of affidavits charging prejudice against A. H. Hensley
and Marcellus Johenning, members of the trial jury.
Most of the fire is directed at Henslee, who is charged by
many persons with having expressed violent feelings on the case
before he was chosen as a juror. He is accused of having
expressed his conviction of Frank's guilt and his eagerness to see
him hanged, and to have referred in profane terms to the
prisoner's race.
The hearing of the motion for a new trial was postponed by
Judge Roan at the request of Solicitor General Hugh M. Dorsey
when the case was called shortly after 9 o'clock Saturday
morning. The Solicitor said he needed time to look into the
volumes of contentions made by the defense in the pleas setting
forth 115 reasons why Frank should get a new trial Judge Roan
put the hearing off until next Saturday, and announced that he
would be ready to grant the Solicitor more time then if necessary.
Delay is Secured Quickly.
The order for an indefinite stay was issued in less than ten
minutes after the hearing of the motion for a new trial was taken
up.
I have not had time in which to prepare my reply to the
motion, as it was only presented to me a day or two ago, and is
quite lengthy, said Solicitor Dorsey. Therefore, I am going to ask
your honor to postpone this hearing until I have time to complete
my work on it.
It is my desire to complete the case as quickly as possible,
and it is imperative that it should be. The work of the Court of
Appeals is hinging on this case in a way, as you are being delayed
in taking up your duties there until after you have heard this
motion. I think that possibly I can complete my reply by next
Saturday, but in the event I find this impossible I would like for
your honor to grant a further delay.
Attorneys Arnold and Rosser said this would be agreeable to
them.
Gets Copies of Charges.
Dorsey asked that he be furnished with all of the depositions
which the defense had taken, and Attorney Rosser advised that
he would furnish them to the Solicitor some time during the day.
I think I have copies of all of them in my office and will give
them to you to-day, said Mr. Rosser to the Solicitor. In the event
we obtain any new ones we will also submit them to you, he
added.
I will set this hearing for 9:30 o'clock next Saturday
morning, then, said Judge Roan. I trust, however, Mr. Dorsey,
that you will be prepared by that time.
The judge then instructed the cleric to issue an order
directing Sheriff Mangum to indefinitely stay the exe-
PAGE 7, COLUMN 1
FRANK HEARING
DELAYED;
PRISONER GETS
RESPITE;
TWO JURORS
UNDER FIRE
Continued from Page 1.
cution of Leo M. Frank, which had been set for October 10.
Following the hearing, Attorney Rosser furnished copies of
most of the depositions which have been taken by the defense.
The ones lacking are those made by C. P. Stough, of Atlanta, and
John M. Holmes, Shi Gray and S. M. Johnson, of Sparta, Ga., copies
of which are expected to be given the Solicitor during the day.
Points Made in Depositions.
In the depositions given the Solicitor Saturday morning Juror
A. H. Henslee is charged with having made remarks showing him
to be biased, at the Elks' Club in Atlanta, on a train between
Atlanta and Experiment, Ga., and in front of a livery stable at
Albany, Ga. These expressions were to the effect that he believed
there was no doubt of Frank's guilt; that he was glad Frank had
been indicted; that his neck should be broken; that Frank should
be lynched, and that if he were on the jury he would hang him
sure.
Some of the depositions charged that Johenning had made
the remark that Frank was undoubtedly guilty, and that he had
spoken forcibly and positively.
Depositions furnished the Solicitor were made by H. C.
Loevenhart, Mrs. J. G. Loevenhart, Miss Miriam Loevenhart, S.
Aron, Mack Farkas, R. K. Greme, J. J. Nunnally, W. L. Picker, J. A.
Lehman, Samuel Boorstin, Mrs. A. Shurman, Sampson Kay, B. M.
Kay, Miss Martha Kay, Charles J. Moore, W. B> Cate, J. H. G.
Cochran and H. G. Williams.
Charge Jury Heard Cheers.
These depositions alleged that the cheering by the crowd
outside of the courthouse was plainly audible to the jury and that
it would have been plainly impossible for the members of the jury
not to have heard it. One man charges that a man in the court-
room seized the hand of one of the jurors and spoke to him, and
was sharply reprimanded by Chief Deputy Sheriff Plennie Miner.
One deposition charges Juror Smith with having gazed out of
a third floor window in the Kimball House at the cheering crowd
on Pryor street.
The additional affidavits besides those of Stough and the
three Sparta men charging Juror Henslee with having displayed
prejudice, were made by R. L. Gremer and Mack Farkas, of
Albany; Julian A. Lehman, of Atlanta, and Sam Aaron, of Atlanta.
There can be no doubt but that Frank is guilty, are the
words credited to Henslee by Greme and Farkas. They charge him
with making this assertion in front of the Sam Farkas livery stable
in Albany some time prior to the trial. They assert that they know
Henslee well, and further identify him as the man making this
remark by pictures of Juror Henslee which appeared in The
Georgian.
Another Instance Cited.
On June 2 Juror Henslee is charged with remarking on a train
that Frank is as guilty as a d"dog and ought to have ---neck
broke. Julian A. Lehman makes that deposition, charging the
remark was made on a train between Atlanta and Experiment, Ga.
He charges him with having made practically the same remark on
June 20.
In a deposition by Samuel Aron, remarks made at the Elks'
Club in Atlanta two days after the Grand Jury indicted Frank are
credited to Henslee. Aron asserts that at the time the remarks
were made he did not know Henslee's name, but learned it later.
The words he alleged were spoken by Henslee were: I am glad
they indicted --- Jew. They ought to take him out and lynch him
and if I get on the jury I will hang that Jew sure.
The depositions charging Johenning with showing bias were
made by Mrs. Jennie G. Loevenhart, her daughter, Miss Miriam
Loevenhart, and H. C. Loevenhart.
Tell of Words to Juror.
Mrs. Loevenhart and Miss Loevenhart assert that they met
Johenning on Forsyth street one day in May, and that he
expressed belief in Frank's guilt and that his statements were
made forcibly and positively.
H. C. Loevenhart, who is connected with the Hodges Broom
Works, asserted that Johenning had also expressed to him his
belief in Frank's guilt.
W. P. Neill made an affidavit declaring he saw a man in the
courtroom seize one of the jurors' hands and speak to him while
the jury was passing out of the courtroom.
Neill asserts that Chief Deputy Sheriff Plennie Miner saw the
act and threatened to put he man out of the courtroom, charging
him with speaking to juryman.
I could not understand what the man said, Neill states in
the affidavit. Neill also asserted that he was in the courtroom two
days of the trial and that he heard the crowd in the street cheer
Dorsey, and that the cheering was plainly audible to the jury.
Jury Could Hear Cheering.
Attorney Charles J. Moore asserts that he was in his office at
No. 301 Kiser Building at 6 p.m. August 22 and heard the crowd
cheer Solicitor Dorsey as he left the courthouse.
The jury was not 50 feet from the entrance of the
courthouse during the demonstration, the affidavit reads. He also
told of the cheering of August 23, saying the jury was also close
enough to hear.
The deposition also states that Moore heard many threats of
violence to Frank in the event of an acquittal. It also named two
men whom he charged with continuously loitering around the
courthouse during the trial.
B. M. Kay, of No. 264 South Pryor street, in his deposition
charges that while he was driving his father's automobile, in
company with his mother, Mrs. Rose Kay, and his brother,
Sampson Kay, between 8 and 8:30 o'clock Saturday night, August
23, he saw the Frank jury pass from East Fair into South Pryor
street and proceed to the Kimball House, and that seven or eight
men walked alongside of them for several blocks and chatted with
members of the jury.
Bet He Would Be Selected.
The other affidavits told of the cheering which greeted
Solicitor Dorsey on different occasions, and asserted the cheering
was plainly audible to the jury.
The affidavits of the Sparta men Shl Gray, John M. Holmes
and Johnson, all charge that the Frank case was discussed in the
office of Walton Holmes Insurance man, in Sparta. They declare
that in the course of the conversation Henslee declared he knew
Frank was guilty. They say he expressed his convictions firmly
and emphatically. The remarks were made, it is said, after
Henslee had been drawn as one of the talesmen in the case and
Gray says Henslee declared I'll bet a dollar I am chosen on that
jury.
Henslee Arrives in City.
Mr. Henslee, who is a travelling salesman, with headquarters
now in Barnesville, Ga., arrived in Atlanta Friday afternoon. He
had read reports of the attack made upon himself and Marcellus
Johenning, another of the jurors, in the motion filed by Frank's
attorneys for a new trial, he said, and came to Atlanta to brand
the accusations, in so far as he personally knew, as infamous
falsehoods.
Chief of the statements purported to have been made by
Henslee before he was chosen as a member of the Frank jury was
that averred by Mr. Stough, who is organizer of the Masons'
Annuity and well-known business, residing at No. 115 Holderness
street.
Henslee said to me before the triad, I believe Frank is
guilty and would like to be in a position to break his neck,' Mr.
Stough told a Georgian reporter.
False in Every Detail.
I hardly know this man Stough, declared Henslee, and
have not even seen him for four months. I am positive that I never
discussed the Frank case with him in any of its phases nor
expressed my opinion of the man's guilt or innocence.
Mr. Henslee was shown the statements made by Stough as
printed exclusively in The Georgian Friday.
I brand the entire thing as false in every detail, he said.
The former juror's attention was then called to the
depositions made by Holmes, Johnson and Gray, of Sparta. These
depositions were sworn to before J. M. Lewis, a notary of that
town.
I recall having met Holmes and Gray, Henslee said, and it
is possible that I became acquainted with Johnson on one of my
trips, but I never mentioned the Frank case to them, nor did I ever
express an opinion on it. If these men say that I did, they are
lying.
Jurors Scores His Accusers.
I want to say now, continued Mr. Henslee, that in casting
my ballot for the conviction of Frank I did so in accordance with
the dictation of conscience. I did my duty, pure and simple, and
when these men swear that I did not, as they are reported to
have done, they are all liars.
I am going to investigate this matter, and if the reports are
true, I will bring legal action against these men. They are trying to
prove me a perjurer, and I believe I have the basis of a good case
against them. They will have to prove their assertions or take the
consequences.
PAGE 2, COLUMNS 1,
7, & 8
PAGE 2, COLUMN 1
RENEW ATTACK ON
FRANK JUROR
PAGE 2, COLUMN 7
Factory Men
Oppose
Regulating
Measure
Though some interesting happenings at the meeting of the
City Council Monday afternoon were forestalled by the
determination of Carlos H. Mason not to run again for Police
Commissioner, the introduction of an ordinance by Councilman
Claude L. Ashley to regulate factories employing women and girls
will give the members something to do.
No opposition to the ordinance by Councilmen is likely, but
protests from factory men are expected.
PAGE 2, COLUMN 8
BATTLE
FOR
NEW
TRIAL
CENTER
S
ON BIAS
Dorsey Prepares to
Support Juror
Henslee's Denial of Any
Prejudicial Statement.
The extreme thoroughness with which the attorneys for Leo
M. Frank have set about substantiating their charge of prejudice
and bias against A. H. Henslee, one of the twelve jurors who
declared Frank guilty of murder, made it evident Monday that the
lawyers will wage their fight around this one instance of alleged
unfairness as so glaring as to constitute in itself and alone a
sufficient ground for a new trial.
Many persons with whom Henslee talked before the trial
were interviewed by agents of Attorney Rosser and Arnold. One
deposition was bulwarked by another until the lawyers considered
they had made out a clear case of prejudice and bias against
Henslee. Without the additional force lent by the more than 100
other reasons presented in their amended motion for a new trial,
they were confident that they had obtained an unassailable
ground for a retrial of the convicted man.
Solicitor Dorsey is preparing for a determined fight against
their contention. He believes that Henslee has been
misrepresented. He is prepared to take the word of Henslee
himself that he uttered no statements to the effect that he
considered Frank guilty and would like to have a part in bringing
about his hanging.
Sparta Men Make Reply.
Henslee's repeated denials of the alleged conversations
brought a reply Monday from three of the Sparta men who
recently made depositions that they had overheard remarks of
the nature mentioned. They prepared a signed statement, in
which they reiterated their allegations of prejudice and bias
against Henslee and declared that Henslee must have been
misquoted in his repudiation of the remarks.
The statement was signed by John M. Holmes, of Holmes &
Walker, an insurance and buggy firm; S. M. Johnson, cashier of the
firm, and Shi Gray. All assert they were present when Henslee's
reported conversation in regard to the guilt of Frank took place.
Practically Tried Frank.
The letter read:
You must recall in Mr. Holmes office, on the day stated, and
in the presence of the undersigned, we had discussed the Frank
case and practically tried him, as it were, and that in the
discussion, you not only said that Frank was as guilty as ", but
you had much to say about Frank being a moral degenerate "your
exact language we can not use"and further stated that you were
drawn as a juror.
We have no disposition to injure you or to make public your
statement as two of the writers, Gray and Holmes, have known
you and your family for many years, and we do not know how the
attorneys were acquainted with the fact of this conversation, but
your remark was common talk in the town, where there are a
number of people who could have given the information to the
attorneys.
We declined to make a voluntary affidavit in the matter and
said nothing until forced to by the court, but let us assure you
that the reluctance to testify in no way changes the fact, and you
shall not be permitted to make statements in the public press
denouncing us as liars in order to protect yourself from the
criticism you have justly deserved.
We await your answer.
J. M. HOLMES.
S. M. JOHNSON.
SHI GRAY.
PAGE 3, COLUMNS 2,
4, & 8
PAGE 3, COLUMN 2
Factory Men
Oppose
Regulating
Measure
Though some interesting happenings at the meeting of the
City Council Monday afternoon were forestalled by the
determination of Carlos H. Mason not to run again for Police
Commissioner, the introduction of an ordinance by Councilman
Claude L. Ashley to regulate factories employing women and girls
will give the members something to do.
No opposition to the ordinance by Councilmen is likely, but
protests from factory men are expected.
PAGE 3, COLUMN 4
FRANK JUROR AGAIN ATTACKED BY
SPARTA MEN
PAGE 3, COLUMN 8
FIGHT
FOR
NEW
TRIAL
CENTER
S
ON
BIAS
Dorsey Prepares to
Support Juror
Henslee's Denial of Any
Prejudicial Statement.
The extreme thoroughness with which the attorneys for Leo
M. Frank have set about substantiating their charge of prejudice
and bias against A. H. Henslee, one of the twelve jurors who
declared Frank guilty of murder, made it evident Monday that the
lawyers will wage their fight around this one instance of alleged
unfairness as so glaring as to constitute in itself and alone a
sufficient ground for a new trial.
Many persons with whom Henslee talked before the trial
were interviewed by agents of Attorney Rosser and Arnold. One
deposition was bulwarked by another until the lawyers considered
they had made out a clear case of prejudice and bias against
Henslee. Without the additional force lent by the more than 100
other reasons presented in their amended motion for a new trial,
they were confident that they had obtained an unassailable
ground for a retrial of the convicted man.
Solicitor Dorsey is preparing for a determined fight against
their contention. He believes that Henslee has been
misrepresented. He is prepared to take the word of Henslee
himself that he uttered no statements to the effect that he
considered Frank guilty and would like to have a part in bringing
about his hanging.
Sparta Men Make Reply.
Henslee's repeated denials of the alleged conversations
brought a reply Monday from three of the Sparta men who
recently made depositions that they had overheard remarks of
the nature mentioned. They prepared a signed statement, in
which they reiterated their allegations of prejudice and bias
against Henslee and declared that Henslee must have been
misquoted in his repudiation of the remarks.
The statement was signed by John M. Holmes, of Holmes &
Walker, an insurance and buggy firm; S. M. Johnson, cashier of the
firm, and Shi Gray. All assert they were present when Henslee's
reported conversation in regard to the guilt of Frank took place.
Practically Tried Frank.
The letter read:
You must recall in Mr. Holmes office, on the day stated, and
in the presence of the undersigned, we had discussed the Frank
case and practically tried him, as it were, and that in the
discussion, you not only said that Frank was as guilty as ", but
you had much to say about Frank being a moral degenerate "your
exact language we can not use"and further stated that you were
drawn as a juror.
We have no disposition to injure you or to make public your
statement as two of the writers, Gray and Holmes, have known
you and your family for many years, and we do not know how the
attorneys were acquainted with the fact of this conversation, but
your remark was common talk in the town, where there are a
number of people who could have given the information to the
attorneys.
We declined to make a voluntary affidavit in the matter and
said nothing until forced to by the court, but let us assure you
that the reluctance to testify in no way changes the fact, and you
shall not be permitted to make statements in the public press
denouncing us as liars in order to protect yourself from the
criticism you have justly deserved.
We await your answer.
J. M. HOLMES.
S. M. JOHNSON.
SHI GRAY.
PAGE 4, COLUMNS 1 &
8
PAGE 4, COLUMN 1
MORE ATTACKS ON
FRANK JUROR
PAGE 4, COLUMN 8
DORSEY
AT
WORK
TO
COMBA
T
CHARGE
Defense Claims It has New
and
Positive Proof of Bias
Accusa-
tions Against Henslee
A. H. Henslee, of the jury that convicted Leo M. Frank, made
his bitterly denunciator remarks against the defendant in the
hearing of a far greater number of persons than already have
made depositions, according to information in the possession of
Frank's attorneys.
While the prisoner's lawyers are busy building up their plea,
Solicitor General Hugh Dorsey is working ceaselessly preparing to
demolish their arguments for a new trial.
We have the names of a great many other persons to whom
Henslee expressed his opinion of Frank's guilt and his hope that
he would have the opportunity to assist in convicting him, said
Reuben R. Arnold, of counsel for Frank, Monday.
These persons would be called on to tell the truth in respect
to Henslee's attitude before the trial were it not for their evident
reluctance to incur the enmity of Henslee and the fact that we
already have the sworn statements of a sufficient number of
reliable persons to prove conclusively that Henslee was guilty of
making the biased and prejudiced remarks.
Fear They'll Harm Henslee.
We are in possession of the facts, however, and if we find it
necessary we will use them. Even the men from whom we have
taken statements have been reluctant to give them. They
acquiesced in making a statement of the facts only after they had
been summoned by a process of law. They did not wish to harm
Henslee, but they had overheard his unmistakable condemnation
of Frank and there was nothing left for them to do when they
were called to narrate the facts of the case.
Henslee's prejudice and that of Johenning alone constitute a
situation that is sufficient to form a basis for a new trial. It is
unthinkable that a man should be sentenced to death when the
two men at least were violently biased against him before a word
of evidence was heard.
Solicitor Dorsey and his assistant, A. E. Stephens, are
engaged in prep answer to the motion for a new trial. The lawyers
for the defense are prepared to argue the motion before Judge
Roan next Saturday. The Solicitor is expected to be ready for the
argument, although he has an immense task in reviewing all of
the reasons presented by the defense.
Grand Jury Session Delayed.
The meeting of the Fulton Grand Jury has been postponed
indefinitely, pending the final disposition of the Frank case,
according to information at the Solicitor's office Monday.
Coupled with this information was the announcement that
the decks had been cleared for the case. Absolutely nothing, not
even the Grand Jury, it is said, will be allowed to interfere with the
work of Mr. Dorsey and Mr. Stephens in summing up the final
evidence which will be used to combat the arguments of the
defense for a new trial.
In the meantime, the courts are becoming clogged and the
Grand Jury faces a heavy docket, including a number of important
cases.
The extreme thoroughness with which the attorneys for
Frank
Continued on Page 2, Column 5.
PAGE 10, COLUMN 5
-
FRANK DEFENSE
CLAIMS NEW
BIAS PROOF
Solicitor Dorsey
Meanwhile Col-
lects Data Combat the
Charges Against
Henslee
Continued From Page 1.
have set about substantiating their charge of prejudice and bias
against A. H. Henslee, on the twelve jurors who declared Frank
guilty of murder, made it evident Monday that the lawyers will
wage their fight around this one instance of alleged unfairness as
to constitute in itself and alone a sufficient ground for a new a
new trial.
Many persons with whom Henslee talked before the trial
were interviewed by agents of Attorneys Rosser and Arnold. One
deposition was bulkwarked by another until the lawyers
considered they had made out a clear case of prejudice and bias
against Henslee. Without the additional force lent by the more
than 100 other reasons presented in their amended motion for a
new trial, they were confident that they had obtained an
unassailable ground for a retrial of the convicted man.
Solicitor Dorsey is preparing for a determined fight against
their contention. He believes that Henslee has been
misrepresented. He is prepared to take the word of Henslee
himself that he uttered no statements to the effect that he
considered Frank guilty and would like to have a part in bringing
about his hanging.
Sparta Men Make Reply.
Henslee's repeated denials of the alleged conversations
brought a reply Monday from three of the Sparta men who
recently made depositions that they had overheard remarks of
the nature mentioned. They prepared a signed statement, in
which they reiterated their allegations of prejudice and bias
against Henslee and declared that Henslee must have been
misquoted in his repudiation of the remarks.
The statement was signed by Joan M. Holmes, of Holmes &
Walker, an insurance and buggy firm; S. M. Johnson, cashier of the
firm, and Shi Gray. All assert they were present when Henslee's
reported conversation in regard to the guilt of Frank took place.
Practically Tried Frank.
The letter read:
You must recall in Mr. Holmes' office, on the day stated,
and in the presence of the undersigned, we all discussed the
Frank case and practically tried him, as it were, and that, in the
discussion, you not only said that Frank was as guilty as", but
you had so much to say about Frank's being a moral degenerate
"your exact language we can not use"and further stated that
you were drawn as a juror.
We have no disposition to injure you or to make public your
statement, as two of the writers, Gray and Holmes, have known
you and your family for many years, and we do not know how the
attorneys were acquainted with the fact of this conversation, but
your remark was common talk in the town, where there are a
number of people who could have given the information to the
attorneys.
We declined to make a voluntary affidavit in the matter and
said nothing until forced to by the court, but let us assure you
that the reluctance to testify in no way changes the fact, and you
shall not be permitted to make statements in the public press
denouncing us as liars in order to protect yourself from the
criticism you have justly deserved.
We await your answer.
J. M. HOLMES.
S. M. JOHNSON.
SHI GRAY.
County
Refuses
To Pay Newt
Lee.
Claims filed by attorneys for Newt Lee, the negro witness in
the Frank case, for recovery for time lost while confined in the
county jail, were turned down by the Board of County
Commissioners in monthly session Monday morning.
The vote of the board was unanimous, following motion of
General Clifford Anderson, who declared the county owed nothing
to Newt lee, inasmuch as he was held at the instance of the State.
The negro was held in the county as a witness for about three
months.
Previous to the decision of the board a communication was
read from Attorney Luther Rosser, who refused to give an opinion
as to the claims of Lee on the grounds that he was unqualified
because of his connection with the case.
The County Commissioners disposed of several important
matters Monday morning, including the Roxbury crossing matter
providing for the construction of an underpass by the Southern
Railway and the widening of the roadway 40 feet.
The board also heard the petition of 25 citizens, offering to
donate a 70-foot roadway about six miles in length, extending
along the Chattahoochee River from Pace's Ferry to Johnson Ferry
road. The petition was referred to the three local road
commissioners, who will report on the feasibility of the proposed
roadway.
An offer of the Piedmont Chapter of the Daughters of the
Revolution to place a Georgia State flag on the new courthouse
was also accepted with thanks and plans made for a flag-raising
day when the new building is completed.
The meeting Monday morning was postponed from last
week, pending the return of Commissioners Smith, Anderson and
Winn from Detroit.
PAGE 10, COLUMN 6
Factory Men
Oppose
Regulating
Measure
Though some interesting happenings at the meeting of the
City Council Monday afternoon were forestalled by the
determination of Carlos H. Mason not to run again for Police
Commissioner, the introduction of an ordinance by Councilman
Claude L. Ashley to regulate factories employing women and girls
will give the members something to do.
No opposition to the ordinance by Councilmen is likely, but
protests from factory men are expected.
PAGE 5, COLUMNS 4,
6, & 8
PAGE 5, COLUMN 4
NEW ATTACK ON FRANK
JUROR
PAGE 5, COLUMN 6
Factory Men
Oppose
Regulating
Measure
Though some interesting happenings at the meeting of the
City Council Monday afternoon were forestalled by the
determination of Carlos H. Mason not to run again for Police
Commissioner, the introduction of an ordinance by Councilman
Claude L. Ashley to regulate factories employing women and girls
will give the members something to do.
No opposition to the ordinance by Councilmen is likely, but
protests from factory men are expected.
PAGE 5, COLUMN 8
DORSEY
AT
WORK
TO
COMBA
T
CHARGE
A. H. Henslee, of the jury that convicted Leo M. Frank, made
his bitterly denunciator remarks against the defendant in the
hearing of a far greater number of persons than already have
made depositions, according to information in the possession of
Frank's attorneys.
While the prisoner's lawyers are busy building up their plea,
Solicitor General Hugh Dorsey is working ceaselessly preparing to
demolish their arguments for a new trial.
We have the names of a great many other persons to whom
Henslee expressed his opinion of Frank's guilt and his hope that
he would have the opportunity to assist in convicting him, said
Reuben R. Arnold, of counsel for Frank, Monday.
These persons would be called on to tell the truth in respect
to Henslee's attitude before the trial were it not for their evident
reluctance to incur the enmity of Henslee and the fact that we
already have the sworn statements of a sufficient number of
reliable persons to prove conclusively that Henslee was guilty of
making the biased and prejudiced remarks.
Fear They'll Harm Henslee.
We are in possession of the facts, however, and if we find it
necessary we will use them. Even the men from whom we have
taken statements have been reluctant to give them. They
acquiesced in making a statement of the facts only after they had
been summoned by a process of law. They did not wish to harm
Henslee, but they had overheard his unmistakable condemnation
of Frank and there was nothing left for them to do when they
were called to narrate the facts of the case.
Henslee's prejudice and that of Johenning alone constitute a
situation that is sufficient to form a basis for a new trial. It is
unthinkable that a man should be sentenced to death when the
two men at least were violently biased against him before a word
of evidence was heard.
Solicitor Dorsey and his assistant, A. E. Stephens, are
engaged in prep answer to the motion for a new trial. The lawyers
for the defense are prepared to argue the motion before Judge
Roan next Saturday. The Solicitor is expected to be ready for the
argument, although he has an immense task in reviewing all of
the reasons presented by the defense.
Grand Jury Session Delayed.
The meeting of the Fulton Grand Jury has been postponed
indefinitely, pending the final disposition of the Frank case,
according to information at the Solicitor's office Monday.
Coupled with this information was the announcement that
the decks had been cleared for the case. Absolutely nothing, not
even the Grand Jury, it is said, will be allowed to interfere with the
work of Mr. Dorsey and Mr. Stephens in summing up the final
evidence which will be used to
Continued on Page 2, Column 4.
PAGE 11, COLUMN 4
FRANK
DEFENSE
CLAIMS NEW
BIAS PROOF
Continued From Page 1.
combat the arguments of the defense for a new trial.
In the meantime, the courts are becoming clogged and the
Grand Jury faces a heavy docket, including a number of important
cases.
The extreme thoroughness with which the attorneys for
Frank have set about substantiating their charge of prejudice and
bias against A. H. Henslee, one of the twelve jurors who declared
Frank guilty of murder, made it evident Monday that the lawyers
will age their fight around this one instance of alleged unfairness
as so glaring as to constitute in itself and alone a sufficient
ground for a new trial.
The extreme thoroughness with which the attorneys for Leo
M. Frank have set about substantiating their charge of prejudice
and bias against A. H. Henslee, one of the twelve jurors who
declared Frank guilty of murder, made it evident Monday that the
lawyers will wage their fight around this one instance of alleged
unfairness as so glaring as to constitute in itself and alone a
sufficient ground for a new trial.
Many persons with whom Henslee talked before the trial
were interviewed by agents of Attorney Rosser and Arnold. One
deposition was bulwarked by another until the lawyers considered
they had made out a clear case of prejudice and bias against
Henslee. Without the additional force lent by the more than 100
other reasons presented in their amended motion for a new trial,
they were confident that they had obtained an unassailable
ground for a retrial of the convicted man.
Solicitor Dorsey is preparing for a determined fight against
their contention. He believes that Henslee has been
misrepresented. He is prepared to take the word of Henslee
himself that he uttered no statements to the effect that he
considered Frank guilty and would like to have a part in bringing
about his hanging.
Sparta Men Make Reply.
Henslee's repeated denials of the alleged conversations
brought a reply Monday from three of the Sparta men who
recently made depositions that they had overheard remarks of
the nature mentioned. They prepared a signed statement, in
which they reiterated their allegations of prejudice and bias
against Henslee and declared that Henslee must have been
misquoted in his repudiation of the remarks.
The statement was signed by John M. Holmes, of Holmes &
Walker, an insurance and buggy firm; S. M. Johnson, cashier of the
firm, and Shi Gray. All assert they were present when Henslee's
reported conversation in regard to the guilt of Frank took place.
Practically Tried Frank.
The letter read:
You must recall in Mr. Holmes office, on the day stated, and
in the presence of the undersigned, we had discussed the Frank
case and practically tried him, as it were, and that in the
discussion, you not only said that Frank was as guilty as ", but
you had much to say about Frank being a moral degenerate "your
exact language we can not use"and further stated that you were
drawn as a juror.
We have no disposition to injure you or to make public your
statement as two of the writers, Gray and Holmes, have known
you and your family for many years, and we do not know how the
attorneys were acquainted with the fact of this conversation, but
your remark was common talk in the town, where there are a
number of people who could have given the information to the
attorneys.
We declined to make a voluntary affidavit in the matter and
said nothing until forced to by the court, but let us assure you
that the reluctance to testify in no way changes the fact, and you
shall not be permitted to make statements in the public press
denouncing us as liars in order to rprotect yourself from the
criticism you have justly deserved.
We await your answer.
J. M. HOLMES.
S. M. JOHNSON.
SHI GRAY.
County
Refuses
To Pay Newt
Lee.
Claims filed by attorneys for Newt Lee, the negro witness in
the Frank case, for recovery for time lost while confined in the
county jail, were turned down by the Board of County
Commissioners in monthly session Monday morning.
The vote of the board was unanimous, following motion of
General Clifford Anderson, who declared the county owed nothing
to Newt lee, inasmuch as he was held at the instance of the State.
The negro was held in the county as a witness for about three
months.
Previous to the decision of the board a communication was
read from Attorney Luther Rosser, who refused to give an opinion
as to the claims of Lee on the grounds that he was unqualified
because of his connection with the case.
The County Commissioners disposed of several important
matters Monday morning, including the Roxbury crossing matter
providing for the construction of an underpass by the Southern
Railway and the widening of the roadway 40 feet.
The board also heard the petition of 25 citizens, offering to
donate a 70-foot roadway about six miles in length, extending
along the Chattahoochee River from Pace's Ferry to Johnson Ferry
road. The petition was referred to the three local road
commissioners, who will report on the feasibility of the proposed
roadway.
An offer of the Piedmont Chapter of the Daughters of the
Revolution to place a Georgia State flag on the new courthouse
was also accepted with thanks and plans made for a flag-raising
day when the new building is completed.
The meeting Monday morning was postponed from last
week, pending the return of Commissioners Smith, Anderson and
Winn from Detroit.
PAGE 6, COLUMN 4
DORSEY
AT
WORK
TO
COMBA
T
CHARGE
A. H. Henslee, of the jury that convicted Leo M. Frank, made
his bitterly denunciator remarks against the defendant in the
hearing of a far greater number of persons than already have
made depositions, according to information in the possession of
Frank's attorneys.
While the prisoner's lawyers are busy building up their plea,
Solicitor General Hugh Dorsey is working ceaselessly preparing to
demolish their arguments for a new trial.
We have the names of a great many other persons to whom
Henslee expressed his opinion of Frank's guilt and his hope that
he would have the opportunity to assist in convicting him, said
Reuben R. Arnold, of counsel for Frank, Monday.
These persons would be called on to tell the truth in respect
to Henslee's attitude before the trial were it not for their evident
reluctance to incur the enmity of Henslee and the fact that we
already have the sworn statements of a sufficient number of
reliable persons to prove conclusively that Henslee was guilty of
making the biased and prejudiced remarks.
Fear They'll Harm Henslee.
We are in possession of the facts, however, and if we find it
necessary we will use them. Even the men from whom we have
taken statements have been reluctant to give them. They
acquiesced in making a statement of the facts only after they had
been summoned by a process of law. They did not wish to harm
Henslee, but they had overheard his unmistakable condemnation
of Frank and there was nothing left for them to do when they
were called to narrate the facts of the case.
Henslee's prejudice and that of Johenning alone constitute a
situation that is sufficient to form a basis for a new trial. It is
unthinkable that a man should be sentenced to death when the
two men at least were violently biased against him before a word
of evidence was heard.
Solicitor Dorsey and his assistant, A. E. Stephens, are
engaged in prep answer to the motion for a new trial. The lawyers
for the defense are prepared to argue the motion before Judge
Roan next Saturday. The Solicitor is expected to be ready for the
argument, although he has an immense task in reviewing all of
the reasons presented by the defense.
Grand Jury Session Delayed.
The meeting of the Fulton Grand Jury has been postponed
indefinitely, pending the final disposition of the Frank case,
according to information at the Solicitor's office Monday.
Coupled with this information was the announcement that
the decks had been cleared for the case. Absolutely nothing, not
even the Grand Jury, it is said, will be allowed to interfere with the
work of Mr. Dorsey and Mr. Stephens in summing up the final
evidence which will be used to
Continued on Page 2, Column 4.
PAGE 11, COLUMN 4
FRANK
DEFENSE
CLAIMS NEW
BIAS PROOF
Continued From Page 1.
combat the arguments of the defense for a new trial.
In the meantime, the courts are becoming clogged and the
Grand Jury faces a heavy docket, including a number of important
cases.
The extreme thoroughness with which the attorneys for
Frank have set about substantiating their charge of prejudice and
bias against A. H. Henslee, one of the twelve jurors who declared
Frank guilty of murder, made it evident Monday that the lawyers
will age their fight around this one instance of alleged unfairness
as so glaring as to constitute in itself and alone a sufficient
ground for a new trial.
The extreme thoroughness with which the attorneys for Leo
M. Frank have set about substantiating their charge of prejudice
and bias against A. H. Henslee, one of the twelve jurors who
declared Frank guilty of murder, made it evident Monday that the
lawyers will wage their fight around this one instance of alleged
unfairness as so glaring as to constitute in itself and alone a
sufficient ground for a new trial.
Many persons with whom Henslee talked before the trial
were interviewed by agents of Attorney Rosser and Arnold. One
deposition was bulwarked by another until the lawyers considered
they had made out a clear case of prejudice and bias against
Henslee. Without the additional force lent by the more than 100
other reasons presented in their amended motion for a new trial,
they were confident that they had obtained an unassailable
ground for a retrial of the convicted man.
Solicitor Dorsey is preparing for a determined fight against
their contention. He believes that Henslee has been
misrepresented. He is prepared to take the word of Henslee
himself that he uttered no statements to the effect that he
considered Frank guilty and would like to have a part in bringing
about his hanging.
Sparta Men Make Reply.
Henslee's repeated denials of the alleged conversations
brought a reply Monday from three of the Sparta men who
recently made depositions that they had overheard remarks of
the nature mentioned. They prepared a signed statement, in
which they reiterated their allegations of prejudice and bias
against Henslee and declared that Henslee must have been
misquoted in his repudiation of the remarks.
The statement was signed by John M. Holmes, of Holmes &
Walker, an insurance and buggy firm; S. M. Johnson, cashier of the
firm, and Shi Gray. All assert they were present when Henslee's
reported conversation in regard to the guilt of Frank took place.
Practically Tried Frank.
The letter read:
You must recall in Mr. Holmes office, on the day stated, and
in the presence of the undersigned, we had discussed the Frank
case and practically tried him, as it were, and that in the
discussion, you not only said that Frank was as guilty as ", but
you had much to say about Frank being a moral degenerate "your
exact language we can not use"and further stated that you were
drawn as a juror.
We have no disposition to injure you or to make public your
statement as two of the writers, Gray and Holmes, have known
you and your family for many years, and we do not know how the
attorneys were acquainted with the fact of this conversation, but
your remark was common talk in the town, where there are a
number of people who could have given the information to the
attorneys.
We declined to make a voluntary affidavit in the matter and
said nothing until forced to by the court, but let us assure you
that the reluctance to testify in no way changes the fact, and you
shall not be permitted to make statements in the public press
denouncing us as liars in order to protect yourself from the
criticism you have justly deserved.
We await your answer.
J. M. HOLMES.
S. M. JOHNSON.
SHI GRAY.
County
Refuses
To Pay Newt
Lee.
Claims filed by attorneys for Newt Lee, the negro witness in
the Frank case, for recovery for time lost while confined in the
county jail, were turned down by the Board of County
Commissioners in monthly session Monday morning.
The vote of the board was unanimous, following motion of
General Clifford Anderson, who declared the county owed nothing
to Newt lee, inasmuch as he was held at the instance of the State.
The negro was held in the county as a witness for about three
months.
Previous to the decision of the board a communication was
read from Attorney Luther Rosser, who refused to give an opinion
as to the claims of Lee on the grounds that he was unqualified
because of his connection with the case.
The County Commissioners disposed of several important
matters Monday morning, including the Roxbury crossing matter
providing for the construction of an underpass by the Southern
Railway and the widening of the roadway 40 feet.
The board also heard the petition of 25 citizens, offering to
donate a 70-foot roadway about six miles in length, extending
along the Chattahoochee River from Pace's Ferry to Johnson Ferry
road. The petition was referred to the three local road
commissioners, who will report on the feasibility of the proposed
roadway.
An offer of the Piedmont Chapter of the Daughters of the
Revolution to place a Georgia State flag on the new courthouse
was also accepted with thanks and plans made for a flag-raising
day when the new building is completed.
The meeting Monday morning was postponed from last
week, pending the return of Commissioners Smith, Anderson and
Winn from Detroit.
PAGE 11, COLUMN 6
Factory Men
Oppose
Regulating
Measure
Though some interesting happenings at the meeting of the
City Council Monday afternoon were forestalled by the
determination of Carlos H. Mason not to run again for Police
Commissioner, the introduction of an ordinance by Councilman
Claude L. Ashley to regulate factories employing women and girls
will give the members something to do.
No opposition to the ordinance by Councilmen is likely, but
protests from factory men are expected.
PAGE 13, COLUMN 2
Governor Slaton Personally
Investigates and
Verifies the Circulation of The
Georgian
and Hearst's Sunday
American. :: ::
Daily Sunday
Georgian American
October 4th 1913.
At the request of the management of The Atlanta Georgian
and The Sunday American, I personally examined on Friday after
noon their various circulation statements, in detail. This work
required sometime, but it was willingly given, because I regard
these newspapers as enterprises of which all Georgia should be
proud. The figures the papers furnish, under oath, to the postal
authorities show a marvelous growth for the time The Georgian
and Sunday American have been in Mr. Hearst's hands"
particularly The Sunday American, which is only six months old.
These circulation figures I have checked up and verified in
person. I have examined the sworn statements of the circulation
and the cashier of The Georgian corporation, and cross
questioned them in detail about the circulation figures. I believe
the figures to be absolutely correct.
Purely from a business man's viewpoint, both The Georgian
and The Sunday American, in points of quality and quantity of
circulation, should be, and I have no doubt are, highly satisfactory
and effective advertising mediums. Certainly, they are most
excellent newspapers, and should commend themselves to
merchants for business purposes.
The fine circulation showings furnish me ample foundation
for warm congratulations. I sincerely wish for Mr. Hearst and his
Georgia newspapers the fullest measure of prosperity and
success"both of which seem assured. I am persuaded this great
publisher means to be consistently a firm and powerful friend of
Atlanta, Georgia, and the whole South, and I well know his ability
to do big things in a big way.