Friday, 10th October 1913: Hawthorne Ready To Leave Prison, The Atlanta Georgian
The Atlanta Georgian,
Friday, 10th October 1913,
PAGE 8, COLUMN 1.
Author, Unembittered,
Expected
To Write About
Injustices of
U. S. Penal System.
Julian Hawthorne is preparing to leave the Atlanta Federal
Prison October 15, the date of the expiration of his sentence with
good time deducted.
Hawthorne, whose attitude since his incarceration has
generally been one of reserve and reticence, desires to go from
the prison without any notice or publicity, and for this reason the
prison officials are maintaining the utmost secrecy as to the exact
time of the day that he will leave the grim building which has held
him nearly a year.
The distinguished author is said not to have been embittered
in the least by his experience inside prison walls. He has,
however, given deep thought to some of the injustices of
America's penal system, and it is expected that much of his
writing of the future will be colored by the impressions and the
conclusions formed during the period of his imprisonment.
He naturally was cast down for a time when the
recommendation for his parole was turned down by Attorney
General McReynolds, but of late he has been particularly happy
and cheerful in the prospect of his early return to freedom. He has
been permitted to walk about the prison inclosure as many hours
as the prison regulations allow, and he will go forth next
Wednesday in unusually good health.
PAGE 8, COLUMN 4
35 ASK NEW
SEATS
ON ATLANTA
BENCH
Five To Be Chosen
When Appeals
Court Settles
Frank Case
and Hill
Retires.
The five judges for the municipal court created by the last
Legislature will be named by the four Superior Court judges just
as soon as Judge Ben Hill, now of the Court of Appeals, takes his
place on the county bench. Judge Hill will resign from the Court of
Appeals immediately after the disposition for the Frank case.
These facts became known Friday.
Judge George L. Bell, one of the four Superior Court judges
who will make the appointments, declared Friday that 35
applicants are in the field for the new judgeships.
As only five men are to be selected from this number, said
Judge Bell, and as all of the applicants are men who no doubt
would make good judges, it is obvious that we face rather a hard
problem. However, I expect the appointments to be made soon
after Judge Hill takes his place on the bench. The appointments
will be sent to the Governor, who will pass on them and then
name a chief judge from the number.
Among the prominent applicants for the new judgeships are
L. F. McClelland, Judge Edgar H. Orr and Judge F. M. Powers, of the
present justice courts: Walter R. Daly, James B. Ridley, T.O.
Hathcock, Don K. Johnston and Eugen Thomas.
The new court also require the appointment of a chief
marshal and a clerk. John D. Steward, T. C. Miller and Clarke Lewis
are being mentioned for the clerkship.
PAGE 8, COLUMN 5
FRANK
CHEERFUL
ON DATE
ONCE
SET FOR
END
Prisoner Helps
Lawyers in Fight
for New Trial"
Dorsey
Works
Hard.
Undisturbed by the thought that if his sentence had not been
stayed by the appeal of his attorneys for a new trial he would
some time during the day pay out his life on the gallows, Leo M.
Frank sat in his cell in the Tower Friday, lousily and cheerfully
engaged in working on a number of details of his greatly involved
case.
Frank was convicted of murder August 25. On August 26 he
was sentenced by Judge L. S. Roan to be hanged October 10. The
hearing of his attorneys' motion for a new trial was set for
October 4, but the vast amount of work necessary in the
preparation of the arguments led to a request by Solicitor Dorsey
for more time. A week's delay was granted by Judge Roan, with
the understanding that he would extend the time still further it
desired.
Hearing October 18.
Solicitor Dorsey and his assistant, A. E. Stephens, secluded
themselves in Valdosta, where they would be insured against
interruptions, and began their review of the 115 reasons for a
new trial submitted by the defense. Within a few days they saw
that they could not complete their work by Saturday of this week
and possibly not in time for a hearing on the following Saturday.
Another request for more time was granted by Judge Roan. The
hearing will take place October 18, in all probability, unless the
Solicitor is unable to conclude his preparation by that time.
In the meantime, Frank's execution set for to-day, has been
indefinitely postponed. The prisoner continues to entertain full
confidence of ultimate acquittal. His only utterance has been that
he was unjustly convicted by a jury that was swayed by influences
outside the evidence.
Frank Aids Lawyers.
He is taking a most active interest in the movements in his
behalf, and is himself assisting the attorneys materially along
certain lines. He is visited constantly by his relatives and friends,
and is maintaining the same optimistic demeanor that has
marked his bearing voice since he was first taken to the Tower.
Frank's counsel are centering their efforts at present upon
an investigation of prejudice and bias which have been alleged
against a number of the jurors in the case. They believe they have
irrefutable evidence against A. H. Henslee and Marcellus
Johanneing, and they have depositions indicating bias against two
other jurors which will probably be fled before the hearing on the
new trial.
A letter received in Atlanta Thursday from Solicitor Dorsey
made certain the postponement of arguments for a new trial for
Leo M. Frank, which were to have been heard Saturday by Judge
Roan.
The letter intimated that the Solicitor and his assistant, A. E.
Stephens, who are now in Valdosta would not return to this city
before next Wednesday or Thursday. Mr. Dorsey requested that
Judge Roan be asked to postpone, in addition to the Frank
arguments, hearings on Five other motions which scheduled for
Saturday. This will clean the Sophens, who are now in Valdosta,
necessitate his return.
Defense Doesn't Object.
The postponement is wholly within the discretion of Judge
Roan, and the defense would interpose no objection in all
probability even if it did not entirely suit their wishes. It is
understood, however, that Frank's lawyers are satisfied with the
delay, as it affords them time to obtain additional evidence of
reported bias on the part of A. H. Henslee, Marcellus Johenning
and one or two other Frank jurors.
The Solicitor, who, with his assistant, A. E. Stephens, has
been going over the voluminous amended motion of the defense
with its 115 reasons for a new trial since its filling last week by
Frank's lawyers, refuses to discuss the case except to express his
confidence that a new trial will be denied. He stands firmly by his
original declaration that the defense is without adequate grounds
to ask for a new trial.
PAGE 10, COLUMN 3
35 ASK NEW
SEATS
ON ATLANTA
BENCH
Five To Be Chosen
When Appeals
Court Settles
Frank Case
and Hill
Retires.
The five judges for the municipal court created by the last
Legislature will be named by the four Superior Court judges just
as soon as Judge Ben Hill, now of the Court of Appeals, takes his
place on the county bench. Judge Hill will resign from the Court of
Appeals immediately after the disposition for the Frank case.
These facts became known Friday.
Judge George L. Bell, one of the four Superior Court judges
who will make the appointments, declared Friday that 35
applicants are in the field for the new judgeships.
As only five men are to be selected from this number, said
Judge Bell, and as all of the applicants are men who no doubt
would make good judges, it is obvious that we face rather a hard
problem. However, I expect the appointments to be made soon
after Judge Hill takes his place on the bench. The appointments
will be sent to the Governor, who will pass on them and then
name a chief judge from the number.
Among the prominent applicants for the new judgeships are
L. F. McClelland, Judge Edgar H. Orr and Judge F. M. Powers, of the
present justice courts: Walter R. Daly, James B. Ridley, T.O.
Hathcock, Don K. Johnston and Eugen Thomas.
The new court also require the appointment of a chief
marshal and a clerk. John D. Steward, T. C. Miller and Clarke Lewis
are being mentioned for the clerkship.
PAGE 12, COLUMN 1
POSTPONEM
ENT
IN FRANK
CASE
MADE
CERTAIN
Letter From Dorsey
Requests
Judge Roan to Let
Argu-
ments Go
Over.
A letter received in Atlanta Thursday from Solicitor Dorsey
made certain the postponement of arguments for a new trial for
Leo M. Frank, which were to have been heard Saturday by Judge
Roan.
The letter intimated that the Solicitor and his assistant, A. E.
Stephens, who are now in Valdosta would not return to this city
before next Wednesday or Thursday. Mr. Dorsey requested that
Judge Roan be asked to postpone, in addition to the Frank
arguments, hearings on Five other motions which scheduled for
Saturday. This will clean the Sophens, who are now in Valdosta,
necessitate his return.
Defense Doesn't Object.
The postponement is wholly within the discretion of Judge
Roan, and the defense would interpose no objection in all
probability even if it did not entirely suit their wishes. It is
understood, however, that Frank's lawyers are satisfied with the
delay, as it affords them time to obtain additional evidence of
reported bias on the part of A. H. Henslee, Marcellus Johenning
and one or two other Frank jurors.
The Solicitor, who, with his assistant, A. E. Stephens, has
been going over the voluminous amended motion of the defense
with its 115 reasons for a new trial since its filling last week by
Frank's lawyers, refuses to discuss the case except to express his
confidence that a new trial will be denied. He stands firmly by his
original declaration that the defense is without adequate grounds
to ask for a new trial.
He and Attorney Stephens, isolating themselves in Valdosta,
where they will not be interrupted by office visitors, have given
their entire time to the preparation of their argument against any
movement which will reopen the sensational murder case. While
the hearing before Judge Roan, set originally for October 4, will
have few of the spectacular features that marked the trial of
Frank, the lawyers are making ready for a titanic struggle.
Dorse is Determined.
The Solicitor is determined that the verdict of guilty shall
stand. He is using every means to stave off what he regards as
the remote possibility of reversal of the verdict that brought the
death sentence to the defendant.
Solicitor Dorsey prepared his request Wednesday for a delay
of another week in the hearing. Judge Roan already had made
known his willingness to extend the time if it was needed by the
Solicitor. When he learned that Dorsey would not be ready next
Saturday he promptly announced that the delay would be granted
in accordance with his promise.
While the Solicitor is busily engaged reviewing the reasons
of the defense, Frank's lawyers are seeking more witnesses who
are said to have heard Henslee and other jurors make remarks
before the trial indicating their violent prejudice.
PAGE 14, COLUMN 2
HAWTHORNE
READY
TO LEAVE
PRISON
Author, Unembittered,
Expected
To Write About
Injustices of
U. S. Penal System.
Julian Hawthorne is preparing to leave the Atlanta Federal
Prison October 15, the date of the expiration of his sentence with
good time deducted.
Hawthorne, whose attitude since his incarceration has
generally been one of reserve and reticence, desires to go from
the prison without any notice or publicity, and for this reason the
prison officials are maintaining the utmost secrecy as to the exact
time of the day that he will leave the grim building which has held
him nearly a year.
The distinguished author is said not to have been embittered
in the least by his experience inside prison walls. He has,
however, given deep thought to some of the injustices of
America's penal system, and it is expected that much of his
writing of the future will be colored by the impressions and the
conclusions formed during the period of his imprisonment.
He naturally was cast down for a time when the
recommendation for his parole was turned down by Attorney
General McReynolds, but of late he has been particularly happy
and cheerful in the prospect of his early return to freedom. He has
been permitted to walk about the prison inclosure as many hours
as the prison regulations allow, and he will go forth next
Wednesday in unusually good health.
PAGE 14, COLUMN 6
FRANK
CHEERFUL
ON DATE
ONCE
SET FOR
END
Prisoner Helps
Lawyers in Fight
for New Trial"
Dorsey
Works
Hard.
Undisturbed by the thought that if his sentence had not been
stayed by the appeal of his attorneys for a new trial he would
some time during the day pay out his life on the gallows, Leo M.
Frank sat in his cell in the Tower Friday, lousily and cheerfully
engaged in working on a number of details of his greatly involved
case.
Frank was convicted of murder August 25. On August 26 he
was sentenced by Judge L. S. Roan to be hanged October 10. The
hearing of his attorneys' motion for a new trial was set for
October 4, but the vast amount of work necessary in the
preparation of the arguments led to a request by Solicitor Dorsey
for more time. A week's delay was granted by Judge Roan, with
the understanding that he would extend the time still further it
desired.
Hearing October 18.
Solicitor Dorsey and his assistant, A. E. Stephens, secluded
themselves in Valdosta, where they would be insured against
interruptions, and began their review of the 115 reasons for a
new trial submitted by the defense. Within a few days they saw
that they could not complete their work by Saturday of this week
and possibly not in time for a hearing on the following Saturday.
Another request for more time was granted by Judge Roan. The
hearing will take place October 18, in all probability, unless the
Solicitor is unable to conclude his preparation by that time.
In the meantime, Frank's execution set for to-day, has been
indefinitely postponed. The prisoner continues to entertain full
confidence of ultimate acquittal. His only utterance has been that
he was unjustly convicted by a jury that was swayed by influences
outside the evidence.
Frank Aids Lawyers.
He is taking a most active interest in the movements in his
behalf, and is himself assisting the attorneys materially along
certain lines. He is visited constantly by his relatives and friends,
and is maintaining the same optimistic demeanor that has
marked his bearing voice since he was first taken to the Tower.
Frank's counsel are centering their efforts at present upon
an investigation of prejudice and bias which have been alleged
against a number of the jurors in the case. They believe they have
irrefutable evidence against A. H. Henslee and Marcellus
Johanneing, and they have depositions indicating bias against two
other jurors which will probably be fled before the hearing on the
new trial.
A letter received in Atlanta Thursday from Solicitor Dorsey
made certain the postponement of arguments for a new trial for
Leo M. Frank, which were to have been heard Saturday by Judge
Roan.
The letter intimated that the Solicitor and his assistant, A. E.
Stephens, who are now in Valdosta would not return to this city
before next Wednesday or Thursday. Mr. Dorsey requested that
Judge Roan be asked to postpone, in addition to the Frank
arguments, hearings on Five other motions which scheduled for
Saturday. This will clean the Sophens, who are now in Valdosta,
necessitate his return.
Defense Doesn't Object.
The postponement is wholly within the discretion of Judge
Roan, and the defense would interpose no objection in all
probability even if it did not entirely suit their wishes. It is
understood, however, that Frank's lawyers are satisfied with the
delay, as it affords them time to obtain additional evidence of
reported bias on the part of A. H. Henslee, Marcellus Johenning
and one or two other Frank jurors.
The Solicitor, who, with his assistant, A. E. Stephens, has
been going over the voluminous amended motion of the defense
with its 115 reasons for a new trial since its filling last week by
Frank's lawyers, refuses to discuss the case except to express his
confidence that a new trial will be denied. He stands firmly by his
original declaration that the defense is without adequate grounds
to ask for a new trial.
PAGE 15, COLUMN 1
FRANK
LAWYERS
TO FILE
MORE
DEPOSITION
S
Another Juror May Be
Charged
With Bias"Accused
Cheer-
ful, Aiding Counsel.
Counsel for Leo M. Frank made ready Friday to file further
depositions to support their arguments for a new trial which will
be made Saturday, October 18, before Judge L. S. Roan. It is
understood the name of at least one more juror, in no to A. H.
Henslee and Marcellus Johenning, will be mentioned in the
affidavits as guilty or prejudice.
Frank's lawyers say they have uncovered what they regard
as practically conclusive evidence of violent dislike and bias on
the part of a third juror.
Several depositions are expected to be filed respecting this
juror. Others have been obtained to strengthen the charge of
prejudice on the part of Henslee and Johenning.
Still others bear on the demonstrations that took place inside
and outside the courtroom during the trial, by which, the defense
alleges, the members of the jury might have been intimidated.
Frank is Cheerful.
Undisturbed by the thought that if his sentence had not been
stayed by the appeal of his attorneys for a new trial, he would
some time during the day pay out his life on the gallows, Frank
sat in his sell in the Tower Friday, busily and cheerfully engaged
in working on a number of the details of his greatly involved case.
Frank was convicted of murder August 25. On August 26, he
was sentenced by Judge L. S. Roan to be hanged October 10. The
hearing of his attorneys' motion for a new trial was set for
October 4, but the vast amount of work necessary in the
preparation of the arguments led to a request by Solicitor Dorsey
for more time. A week's delay was granted by Judge Roan, with
the understanding that he would extend the time still farther it
desired.
Hearing October 18.
Solicitor Dorsey and his assistant, A. E. Stephens, secluded
themselves in Valdosta, where they would be insured against
interruptions, and began their review of the 115 reasons for a
new trial submitted by the defense. Within a few days they saw
that they could not complete their work by Saturday of this week
and possibly not in time for a hearing on the following Saturday.
Another request for more time was granted by Judge Roan. The
hearing will take place October 18, in all probability, unless the
Solicitor is unable to conclude his preparation by that time.
In the meantime, Frank's execution set for to-day, has been
indefinitely postponed. The prisoner continues to entertain full
confidence of ultimate acquittal. His only utterance has been that
he was unjustly convicted by a jury that was swayed by influences
outside the evidence.
Frank Aids Lawyers.
He is taking a most active interest in the movements in his
behalf, and is himself assisting the attorneys materially along
certain lines. He is visited constantly by his relatives and friends,
and is maintaining the same optimistic demeanor that has
marked his bearing voice since he was first taken to the Tower.
PAGE 24, COLUMN 4
HAWTHORNE
READY
TO LEAVE
PRISON
Author, Unembittered,
Expected
To Write About
Injustices of
U. S. Penal System.
Julian Hawthorne is preparing to leave the Atlanta Federal
Prison October 15, the date of the expiration of his sentence with
good time deducted.
Hawthorne, whose attitude since his incarceration has
generally been one of reserve and reticence, desires to go from
the prison without any notice or publicity, and for this reason the
prison officials are maintaining the utmost secrecy as to the exact
time of the day that he will leave the grim building which has held
him nearly a year.
The distinguished author is said not to have been embittered
in the least by his experience inside prison walls. He has,
however, given deep thought to some of the injustices of
America's penal system, and it is expected that much of his
writing of the future will be colored by the impressions and the
conclusions formed during the period of his imprisonment.
He naturally was cast down for a time when the
recommendation for his parole was turned down by Attorney
General McReynolds, but of late he has been particularly happy
and cheerful in the prospect of his early return to freedom. He has
been permitted to walk about the prison inclosure as many hours
as the prison regulations allow, and he will go forth next
Wednesday in unusually good health.