Thursday, 16th October 1913: Dorsey Back With New Affidavits More Delay In Appeal Fight Likely, The Atlanta Georgian
The Atlanta Georgian,
Thursday, 16th October 1913,
PAGE 14, COLUMN 1.
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 allegations 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 16, COLUMN 5
FRANK HEARING IS POSTPONED BY DORSEY
Solicitor General Asks Delay Until Wednesday on Arguments for New Trial.
The hearing of arguments on a new trial for Leo M. Frank has
been postponed from Saturday until the following Wednesday.
Solicitor General Dorsey Thursday informed Reuben Arnold, of
counsel for the defense, that he could not possibly be prepared by
Saturday to go ahead with the arguments, but that he hoped to
be ready by Wednesday. The hearing accordingly was postponed
to that day.
The hearing originally was set for October 4, and was set
forward to October 11 at the request of the Solicitor. When it
became apparent to Dorsey that he would not be able to review
the voluminous reasons submitted upon he was granted another
week's time. The postponement agreed upon Thursday is,
therefore the third.
Owing to the delay of an express package from Valdosta,
containing many of the records and practically all of the
transcription of testimony taken at the trial, the Solicitor was
unable to hold the conference Thursday morning with
representatives of the defense for the purpose of coming to an
agreement upon minor revisions in the brief of evidence prepared
by Frank's lawyers.
Dorsey notified the defense that he would meet them as
soon as the package arrived, and that he anticipated that the
corrections would require only a few minutes time.
Frank's lawyers are prepared to go before Judge Roan at any
time with their arguments for a new trial. They have built up what
they regard as a very strong case against Juror A. N. Henslee, who
they charge with extreme bias and prejudice. Solicitor Dorsey will
not say what he has found in regard to Henslee.