Saturday, 11th October 1913: Frank Lawyers To File More Depositions, The Atlanta Georgian

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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 13, COLUMN 5

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.