Wednesday, 15th October 1913: Dorsey Gathers Proof Against Bias Charges, The Atlanta Georgian
The Atlanta Georgian,
Wednesday, 15th October 1913,
PAGE 15, COLUMN 1.
Equips Himself for Bitter Fight Against New Trial Demand of Frank's Lawyers.
Armed with affidavits from A. H. Henslee and every other
member of the Frank jury whose fairness has been placed under
suspicion, Solicitor General Hugh M. Dorsey will return to Atlanta
Tuesday night to continue the preparation of his answer to the
motion for a new trial made by Frank's lawyers.
With his assistant, A. W. Stephens, the Solicitor has been
working day and night on the monumental task of reviewing the
hundreds of pages of typewritten manuscript submitted by the
defense in the elaboration of their 115 reasons for a new trial. The
work remaining to be done the Solicitor believes can be
accomplished most effectively in his Atlanta office. He may ask
for another week's postponement of the hearing on the motion.
Dorsey has equipped himself to make a bitter fight upon the
charges of prejudice made by Frank's lawyers against Henslee,
Marcellus, Johenning and other jurors. He anticipates that the
defense with lay greatest stress on this allegation and appreciates
that if they are able to establish any degree of bias on the part of
any of the jurors they will at once have a most important
advantage, possibly sufficient to win a new trial.
Henslee Denies Prejudice.
Henslee's affidavits deny categorically and emphatically
every separate charge of biased utterances that has been made
against him. They go into considerable detail in accounting for his
movements before and after the trial to support Henslee's
declaration that he expressed his belief in Frank's guilt after the
trial was over and not before it took place. He asserts that he had
no prejudice against Frank when he was drawn as a juror, but
that, in common with the other eleven jurors, he believed firmly in
his guilt after the evidence was in, and has so declared himself in
making his trips about the State since the conclusion of the trial.
Henslee's depositions will be backed up by sworn statements
of acquaintances, who will testify to his good character, his
reputation for truthfulness and his trustworthiness. The same
procedure has been followed by the Solicitor in respect to every
other juror. While he will not give out the contents of the
affidavits, he has expressed his confidence in his ability to show
that the defense has no ground upon which to charge bias and
prejudice against any of the jurors.
Frank Lawyers Also Active.
While Dorsey has been reviewing section by section the
defense's amended motion for a new trial. Frank's lawyers have
been fortifying themselves more securely in their contention of
bias and prejudice on the part of Henslee and other jurors. They
have the testimony of leading citizens in several cities of the
State to the effect that Henslee declared to them before the trial
that Frank was guilty and that his neck should be broken. The
depositions of these men have been bulwarked by a secondary
line of affidavits attesting to the good character, reputation and
trustworthiness of the originally affiants.
The attorneys for the defense feel assured that they have an
overwhelming mass of evidence showing prejudice, and that they,
therefore, must be granted a new trial.
PAGE 17, COLUMN 1
DORSEY BACK WITH NEW AFFIDAVITS MORE DELAY IN APPEAL FIGHT LIKELY
Solicitor General Dorsey entered at once into the fight to
prevent a new trial for Leo M. Frank on his return to Atlanta
Wednesday morning. He came to this city to complete his
preparation for the arguments set for hearing next Saturday
before Judge L. S. Roan. For a week and a half, he had been
working almost continually on the case in Valdosta, where he
went with his assistant. A. E. Stephens, to avoid interruption.
The Solicitor was immersed Wednesday in a flood of letters
and court documents that had accumulated during his absence.
He was fearful that he would be unable to complete his
preparations in time for the hearing Saturday, the indications
being that a further delay would be asked until Wednesday or
Saturday of next week.
He made arrangements soon after his return for a
conference with the attorneys for the defense to whom he
expected to suggest certain changes in the brief of evidence
before it was brought into court.
Will Require More Time.
These changes if agreed upon will require some time to
complete and the Solicitor also has yet to follow up several lines
of investigation which the alls of the defense have compelled him
to look into.
Dorsey returned to the city with a sheaf of affidavits relating
to the alleged bias of Jurors Henslee and Johenning, but he has
still a number of persons to interview on this matter which is
being given extraordinary stress by the defense. The Solicitor
would not say whether he had found any grounds for the charges
of prejudice against the jurors, but the energetic manner with
which he plunged into the case on his return appeared to indicate
that he was preparing to combat every reason and every
allegation advanced by the defense.
The large number of affidavits obtained by the defense was
complicated the work of the Solicitor. Frank's lawyers not only
obtained depositions charging that Henslee and other jurors had
expressed their belief in Frank's guilt before the trial took place,
but they rounded up scores of other leading citizens to testify to
the trust worthiness and veracity of the original affiants.
It is believed that the Solicitor, if he pursues the thorough-
going policy that marked his conduct of the Frank trial, will
investigate the character and reputation of practically every man
who has made a sworn statement before he goes into court to
argue the question of a new trial.
Will Not Make Forecast.
Solicitor Dorsey would not express his opinion Wednesday as
to the probably outcome of the argument for a new trial, except
to say that he was well satisfied with the work he had been able
to accomplish while in Valdosta, where he went so as not to be
subjected to the usual office interruptions. He is still working on
the charges of bias against Henslee, but would not disclose the
results of his investigation.
Frank's lawyers have been ready to go ahead with the
hearing for some time, but during the delay necessitated by the
Solicitor's review of their reasons they have continued in their
investigation of Henslee's attitude toward rank prior to the trial
and claim to have uncovered a great deal more evidence of his
bias and prejudice against the defendant.
They assert that on Henslee's remarks before the trial a new
trial should be granted without the necessity of producing any
other reasons. They are confident they will win in their fight.
PAGE 22, COLUMN 1
DORSEY BACK WITH NEW AFFIDAVITS; MORE DELAY IN APPEAL FIGHT LIKELY
Solicitor General Dorsey entered at once into the fight to
prevent a new trial for Leo M. Frank on his return to Atlanta
Wednesday morning. He came to this city to complete his
preparation for the arguments set for hearing next Saturday
before Judge L. S. Roan. For a week and a half, he had been
working almost continually on the case in Valdosta, where he
went with his assistant. A. E. Stephens, to avoid interruption.
The Solicitor was immersed Wednesday in a flood of letters
and court documents that had accumulated during his absence.
He was fearful that he would be unable to complete his
preparations in time for the hearing Saturday, the indications
being that a further delay would be asked until Wednesday or
Saturday of next week.
He made arrangements soon after his return for a
conference with the attorneys for the defense to whom he
expected to suggest certain changes in the brief of evidence
before it was brought into court.
Will Require More Time.
These changes if agreed upon will require some time to
complete and the Solicitor also has yet to follow up several lines
of investigation which the alls of the defense have compelled him
to look into.
Dorsey returned to the city with a sheaf of affidavits relating
to the alleged bias of Jurors Henslee and Johenning, but he has
still a number of persons to interview on this matter which is
being given extraordinary stress by the defense. The Solicitor
would not say whether he had found any grounds for the charges
of prejudice against the jurors, but the energetic manner with
which he plunged into the case on his return appeared to indicate
that he was preparing to combat every reason and every
allegation advanced by the defense.
The large number of affidavits obtained by the defense was
complicated the work of the Solicitor. Frank's lawyers not only
obtained depositions charging that Henslee and other jurors had
expressed their belief in Frank's guilt before the trial took place,
but they rounded up scores of other leading citizens to testify to
the trust worthiness and veracity of the original affiants.
It is believed that the Solicitor, if he pursues the thorough-
going policy that marked his conduct of the Frank trial, will
investigate the character and reputation of practically every man
who has made a sworn statement before he goes into court to
argue the question of a new trial.
Will Not Make Forecast.
Solicitor Dorsey would not express his opinion Wednesday as
to the probably outcome of the argument for a new trial, except
to say that he was well satisfied with the work he had been able
to accomplish while in Valdosta, where he went so as not to be
subjected to the usual office interruptions. He is still working on
the charges of bias against Henslee, but would not disclose the
results of his investigation.
Frank's lawyers have been ready to go ahead with the
hearing for some time, but during the delay necessitated by the
Solicitor's review of their reasons they have continued in their
investigation of Henslee's attitude toward rank prior to the trial
and claim to have uncovered a great deal more evidence of his
bias and prejudice against the defendant.
They assert that on Henslee's remarks before the trial a new
trial should be granted without the necessity of producing any
other reasons. They are confident they will win in their fight.