Saturday, 18th October 1913: Way Clear For Frank Battle, The Atlanta Georgian
The Atlanta Georgian,
Saturday, 18th October 1913,
PAGE 2, COLUMN 3.
Fight for New Trial to Open BeFore Judge Roan Next Wednesday Morning.
The way was cleared Saturday for the actual beginning of
the fight over the motion to give Leo M. Frank, convicted of the
murder of Mary Phagan, a new trial. The battle will open before
Judge Roan Wednesday with both sides primed for a vigorous
contest in which charges against jurors accused of bias will play a
large part.
The defense, headed by Luther Z. Rosser, relies in large part
on the evidence showing that Juror A. H. Henslee expressed
violent animus to Frank before the trial opened, winning a new
trial for the prisoner. Scores of affidavits will be introduced to
uphold the character of the witnesses who swear that Henslee
said he was sure Frank was guilty and would like to see him
hanged.
On the other hand, the State will be prepared to assail a
number of these witnesses, and will try to show through Henslee
himself that the sentiments against Frank were expressed after
the trial.
Will Exchange All Papers.
Wednesday, as had been announced in Georgian, was
formally fixed for the opening of the arguments by Judge Roan
Saturday. At the same time the defense and State agreed to
exchange all new papers in the case. A number of important
documents, it is said, have not yet been made public.
In the discussion of the case Mr. Rosser made the offer to
exchange all new affidavits for the new papers in possession of
the State, and Solicitor Dorsey agreed.
While declaring that delay undoubtedly would benefit their
client, Luther Rosser, for the defense, urged that the motion be
brought to a speedy hearing.
He pointed out that he had been neglecting his civil business
for the Frank case, and said that if the fight over the new motion
were not disposed of by Monday a week he would have to ask
that it be put over so that he could take up some of his other
work.
Roan Urges Haste.
If that was impossible, he wanted the case to be put over
until December.
Judge Roan interrupted with the remark that he was anxious
to pass on the case as quickly as possible, and would be against
any delay until December, and the same sentiments were
expressed by Solicitor Dorsey.
The Solicitor pointed out that he had given every moment of
his time to preparing his answer to the lengthy plea filed by the
defense, and that he would continue to do everything toward
hastening the hearing.
PAGE 1, COLUMN 5
SPARTA CITIZENS ATTACK FRANK TRIAL JUROR
Declare Henslee's Statement That He Made Alleged Remarks After Trial Is Wrong.
Another shot was fired Friday at A. H. Henslee, one of the
Frank jurors accused of bias and prejudice.
The fresh attack came from Sparta residents who were
aroused to indignation by the statement of Henslee that he made
the remarks they credited to him since and not before the trial.
They denied Henslee's declaration in a communication forwarded
Wednesday to Frank's attorneys, and asserted they had not seen
Henslee since the trial.
Their reply to Henslee's defense was much to the same
effect as that of Nunnally and Ricker, of Monroe, who said Henslee
had not been in town since the trial, so far as they knew, and that
Henslee's remarks denouncing Frank therefore must have been
made to them before Henslee became one of the jurymen.
Movements Traced.
The accused jurors' movements have been carefully traced
before and after the trial. Agents acting for the defense have
been assisted in this materially by the recovery of carbon copies
of orders taken by Henslee, who is a travelling salesman.
Marcellus Johenning, another juror charged with bias, was in
a brief conference Friday with Solicitor Dorsey. He signed a
deposition denying all prejudice. H reiterated his declaration of
several weeks ago that he never had expressed any opinion of
Frank's innocence or guilt before the trial, and that the lawyers
for the defense would not be able to substantiate their charges.
The Solicitor said he rapidly was completing his work in
preparation to argue against the motion for a new trial.
Frank Spends Time Reading.
He will be ready to present his objections Wednesday. He
made arrangements to confer with representatives of the defense
at 3 o'clock Friday afternoon for the purpose of checking up on
the brief of evidence.
Frank, who assisted his lawyers during the hardest of the
work in preparation for arguing in behalf of a new trial, now has
less to occupy his attention, and is spending much of his time,
when his relatives and friends are not visiting him, in reading and
studying.
The way was cleared Saturday for the actual beginning of
the fight over the motion to give Leo M. Frank, convicted of the
murder of Mary Phagan, a new trial. The battle will open before
Judge Roan Wednesday with both sides primed for a vigorous
contest in which charges against jurors accused of bias will play a
large part.
The defense, headed by Luther Z. Rosser, relies in large part
on the evidence showing that Juror A. H. Henslee expressed
violent animus to Frank before the trial opened, winning a new
trial for the prisoner. Scores of affidavits will be introduced to
uphold the character of the witnesses who swear that Henslee
said he was sure Frank was guilty and would like to see him
hanged.
On the other hand, the State will be prepared to assail a
number of these witnesses, and will try to show through Henslee
himself that the sentiments against Frank were expressed after
the trial.
Will Exchange All Papers.
Wednesday, as had been announced in Georgian, was
formally fixed for the opening of the arguments by Judge Roan
Saturday. At the same time the defense and State agreed to
exchange all new papers in the case. A number of important
documents, it is said, have not yet been made public.
In the discussion of the case Mr. Rosser made the offer to
exchange all new affidavits for the new papers in possession of
the State, and Solicitor Dorsey agreed.
While declaring that delay undoubtedly would benefit their
client, Luther Rosser, for the defense, urged that the motion be
brought to a speedy hearing.
He pointed out that he had been neglecting his civil business
for the Frank case, and said that if the fight over the new motion
were not disposed of by Monday a week he would have to ask
that it be put over so that he could take up some of his other
work.
Judge Roan Urges Haste.
If that was impossible, he wanted the case to be put over
until December.
Judge Roan interrupted with the remark that he was anxious
to pass on the case as quickly as possible, and would be against
any delay until December, and the same sentiments were
expressed by Solicitor Dorsey.
The Solicitor pointed out that he had given every moment of
his time to preparing his answer to the lengthy plea filed by the
defense, and that he would continue to do everything toward
hastening the hearing.
Dorsey and Leonard Haas, of counsel for the defense, began
Friday a review of the record of the case to check up on all the
evidence briefed by Frank's lawyers. Due to pressure of other
business, Mr. Haas was unable to continue the work Saturday, but
arranged to resume the conference Monday morning at 9 o'clock.
Sixty pages of the 400 were gone over the first afternoon,
minor alterations and additions being made at the suggestion of
the Solicitor. Practically all of the of the remaining time before the
hearing will be occupied in this work, and it is problematical if it
will be concluded satisfactorily by Wednesday.
PAGE 3, COLUMN 4
WAY CLEAR FOR FRANK BATTLE
Fight for New Trial to Open Before Judge Roan Next Wednesday Morning.
The way was cleared Saturday for the actual beginning of
the fight over the motion to give Leo M. Frank, convicted of the
murder of Mary Phagan, a new trial. The battle will open before
Judge Roan Wednesday with both sides primed for a vigorous
contest in which charges against jurors accused of bias will play a
large part.
The defense, headed by Luther Z. Rosser, relies in large part
on the evidence showing that Juror A. H. Henslee expressed
violent animus to Frank before the trial opened, winning a new
trial for the prisoner. Scores of affidavits will be introduced to
uphold the character of the witnesses who swear that Henslee
said he was sure Frank was guilty and would like to see him
hanged.
On the other hand, the State will be prepared to assail a
number of these witnesses, and will try to show through Henslee
himself that the sentiments against Frank were expressed after
the trial.
Will Exchange All Papers.
Wednesday, as had been announced in Georgian, was
formally fixed for the opening of the arguments by Judge Roan
Saturday. At the same time the defense and State agreed to
exchange all new papers in the case. A number of important
documents, it is said, have not yet been made public.
In the discussion of the case Mr. Rosser made the offer to
exchange all new affidavits for the new papers in possession of
the State, and Solicitor Dorsey agreed.
While declaring that delay undoubtedly would benefit their
client, Luther Rosser, for the defense, urged that the motion be
brought to a speedy hearing.
He pointed out that he had been neglecting his civil business
for the Frank case, and said that if the fight over the new motion
were not disposed of by Monday a week he would have to ask
that it be put over so that he could take up some of his other
work.
Roan Urges Haste.
If that was impossible, he wanted the case to be put over
until December.
Judge Roan interrupted with the remark that he was anxious
to pass on the case as quickly as possible, and would be against
any delay until December, and the same sentiments were
expressed by Solicitor Dorsey.
The Solicitor pointed out that he had given every moment of
his time to preparing his answer to the lengthy plea filed by the
defense, and that he would continue to do everything toward
hastening the hearing.
Dorsey and Leonard Haas, of counsel for the defense, began
Friday a review of the record of the case to check up on all the
evidence briefed by Frank's lawyers. Due to pressure of other
business, Mr. Haas was unable to continue the work Saturday, but
arranged to resume the conference Monday morning at 9 o'clock.
Sixty pages of the 400 were gone over the first afternoon,
minor alterations and additions being made at the suggestion of
the Solicitor. Practically all of the of the remaining time before the
hearing will be occupied in this work, and it is problematical if it
will be concluded satisfactorily by Wednesday.