Thursday, 16th October 1913 Dorsey Will Request Postponement Again
The Atlanta Constitution,
Thursday, 16th October 1913,
PAGE 5, COLUMN 1.
Will Be Practically
Impossible
For Him to Answer
Frank's
Petition on
Saturday.
Renewed activities on the part of the defense of Leo M.
Frank, convicted of the murder of Mary Phagan, were apparent
Wednesday, coincident with the return to Atlanta of Solicitor
General Hugh M. Dorsey and his announcement for him to be
ready by Saturday to reply to the motion for a new trial.
It is stated upon apparently good authority that the
attorneys defending the young factory superintendent are
prosecuting their work in several other cities, but it is not known
whether this is for the purpose of securing affidavits attacking a
third juror, or whether it means a new phase to their side of the
questions.
No Additional Affidavits.
Thus far no additional affidavits have been filed against
Jurors A. H. Henslee and M. Johenning, whom the defense charges
expressed bias in the case before they were sworn in as jurors.
It is the general belief now that the solicitor will be prepared
to go with the case by next Thursday or Wednesday and that the
hearing will be held then, provided the defense has no new
evidence to introduce.
The solicitor is said to be working to obtain affidavits from
each of the twelve men who convicted Frank to the effect that
they did not hear the cheering for the solicitor during the trial, as
charged by the defense. Thus far, it is known that he has not
obtained all of these affidavits, as several of the jurors have been
out of Atlanta for quite a while.
Other affidavits backing up his defense are being gathered
by the solicitor and a strong fight will be made by the state at the
hearing.
E. A. Stephens, assistant to Solicitor Dorsey, did not return
from Valdosta Wednesday, Mr. Stevens will remain in the south
Georgia town for a day or so longer and will continue his work
from that end.
115 Reasons Cited.
In the petition for a new trial which is now due to be heard
about the middle of next week by Judge L. S. Roan, the defense
has cited 115 reasons why their plea should be granted and the
solicitor and his assistant have been devoting practically all of
their time to replying to it.
The delay, which in this case has clogged the wheels of the
criminal division of superior court in Fulton, is not regarded as
more than is customary in any similar motion, but as the work of
the courts is halted until the Frank case is ended, officials would
like to see the hearing come off as soon as possible.
It is expected that when the solicitor appears in court
Saturday and requests another delay from Judge Roan, that the
plea will be granted and the case set for next week. This,
however, may be changed by some further action of either the
solicitor or Attorneys Luther Z. Rosser and Reuben R. Arnold,
representing the convicted man.
PAGE 7, COLUMN 5
COUNTY OFFICERS'
FEES
FOR THIRD
QUARTER
Reports Show Ordinary
Wilkin-
son Best Paid"Several
Spent
More Than They
Made.
Ordinary John R. Wilkinson has fared the best of the county
officers of Fulton county for the third quarter of the current year
according to the reports which just been received by Comptroller
General William A. Wright. Judge Wilkinson's report shows that for
the three months he collected $5, 024.75 in fees. The employees
in his office are six and the total clerk hire was $2,355. This
leaves a net balance for the quarter of $2,669 in judge
Wilkinson's favor.
The third quarter is the poorest quarter of the year in all the
offices, several of them showing a considerable excess of
expenditures for clerk hire over income. Tax Collector A. P.
Stewart's report shows $1, 044.29 collected and $3,052.50
expended for clerk hire, the latter being $2,008.31 more than was
taken in. In addition to this there are $1,413.79 insolvent costs
reported.
Clerk Arnold Broyles shows total fees charged, $11,809.44,
fees uncollected, $1,836.74, and $9,881.49 expended for the
salaries of 31 clerks.
The report of Sheriff C. W. Mangum shows total fees
amounting to $9,745.41; insolvent costs, $135.51. There are
employed in the sheriff's office 18 men, whose salaries together
with the cost of supplying prisoners with food amounted to
$9,394.60.
The report of Solicitor General Hugh Dorsey has not yet been
received. It has probably been delayed owing to Mr. Dorsey's pre-
occupation with the Frank case.
The law requires all county officers to report quarterly to the
comptroller general the amount of moneys they have received in
fees and also the disbursements of their office.