Sunday, 19th October 1913: Frank To Fight On Wednesday For New Trial, The Atlanta Georgian
The Atlanta Georgian,
Sunday, 19th October 1913,
PAGE 2, COLUMN 3.
Charges of Bias Against Jurors Will Play Leading Part In Arguments.
DEFENSE OPPOSES DELAY
Judge Roan and Solicitor Dorsey Also Urge HasteState Has Big Task.
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 4, COLUMN 7
NEW WITNESS SAYS HE KNOWS PHAGAN
MURDERER;
CLEARS FRANK AND ACCUSES AN
ATLANTA MERCHANT
ARREST OF THE
MAN
ACCUSED BY
WITNESS
IS EXPECTED
TO-DAY
Man Making Statement to
Birming-
Ham Person Is White
and Declares
He Was Given Money to
Leave
Atlanta and Keep His
Knowledge
of the Crime to Himself.
A man who claims to have complete knowledge of the
murder of Mary Phagan is now in the hands of the Atlanta police
authorities, according to a startling story which reached the city
at mid-night last night.
This man, whose name is said to be Fisk, an Atlantan,
positively declares, according to the story, that Leo M. Frank had
no part in the murder of Mary Phagan. He further declares crime
was committed by another Atlanta business man equally as
prominent as Frank. This man, it is further declared, will be
arrested to-day.
According to his story, this man declares he long withheld
his knowledge of the affair in the belief that Frank would not be
convicted. He declared further that he had been a sum of money
to leave Atlanta and hold his tongue. However, he says he could
withhold his information no longer, and consequently he went to
Chief of Police Bodekar of Birmingham and told that official the
entire story.
WITNESS MAKES FULL STATEMENT.
Chief Bodeker was impressed at the beginning by the man's
story. Chief Bodeker communicated with Ben M. Jacobs, an officer
of the B'nai Brith of Birmingham, who in turn communicated with
Atlanta police. Detectives are said to have gone immediately to
Birmingham, and a conference was held in which Mr. Jacobs, Chief
Bodeker and the new witness were participants.
The conference was in strict secrecy, and no hint of what
was revealed was allowed to escape. It is said, however, that the
new witness made a full statement and agreed to go to Atlanta
and take the witness stand.
According to the reports from Birmingham, he is either now
in Atlanta, held under strict secrecy, or is on his way to this city.
VOLUNTARY, SAYS CHIEF.
Chief of Police George H. Bodeker, of Birmingham, over the
long distance telephone early this morning declared that the
confession of the mysterious witness in the Frank case was made
to him absolutely voluntarily.
He came into my office Friday night, declared the chief,
and said that he wanted to tell me something that had been
weighting on his mind. He declared that he knew the man who
killed Mary Phagan and that the man wasn't Leo Frank.
He then went at length into his story which we agreed not
to give out until the matter was in the hands of the Atlanta
officers. He did not say that he saw the murder. He did say that
he had positive proof, against the real murderer.
I don't know whether to believe his story or not. He tells it
straight enough, however. But I will say this, if history stands up,
Leo Frank will be a free man in a few days. And there will be a
prominent Atlanta man in a mighty bad fix.
Accused is Prominent.
The man he accused is a prominent merchant of Atlanta,
according to the statement of the witness I immediately
communicated with Friends of Frank here, and they got the man's
comment to go to Atlanta and tell his story. I saw to it that he left
Saturday night in charge of a Birmingham officer, and then I was
through with the case. It wasn't mine, anyhow.
Chief Bodeker was asked the name of the witness.
Wait till he gets to Atlanta, he replied. We agreed not to
give it out at this end.
Is his name Fisk? he was asked.
Well, that's something like it. Said the chief.
Maximum Heard Nothing.
Sheriff Mangum last night professed to have heard nothing
in regard to the mysterious informant except as he had learned of
the incident from the newspaper men. It was reported, however,
that it was a deputy from the Sheriff's office, who was sent to
Birmingham to return with the man.
The first I knew of such a thing place, said Mangum, was
when someone called me on the telephone to ask me about it. I
did not even know what they were hunting for a man who was
supposed to have witnessed the crime. I have been making
inquiries since, but I have learned nothing definite. I suppose they
will bring him to the Tower if he is under arrest.
Arnold Pleads Ignorance.
Reuben R. Arnold, of counsel for Frank, said that he was
taken entirely by surprise by the startling story. He denied that he
had any intimation that such a person existed as the one who is
said to have walked in,
PAGE 7, COLUMN 1
NEW
WITNESS
SAYS
FRANK
IS
INNOCENT
(Continued from Page 1.)
Upon Chief Bodecker and calmly announced that he was a witness
to the slaying of Mary Phagan. Neither had Mr. Arnold been aware
that the detectives or any of Frank's friends had been working on
a clew of this sort, he said.
Chief of Detective Lanford denied knowledge of the reported
confession in Birmingham when aroused at his home early
Sunday morning. The Chief stated that no men from the Atlanta
police department had been sent to Birmingham recently that he
knew of, and that he knew of no communications having been
received in the department from Chief Bodecker, of the Alabama
city, on this subject.
It's all news to me, the Chief said when informed of the
Birmingham report. I don't know anything about it. If a man over
there said he witnessed the murder of the little Phagan girl, it
hasn't been reported to the Atlanta police that I know of.
Beavers Denies Knowledge.
Chief of Police James L. Beavers professed dance of the
reported confession to the Birmingham police.
I have received no message from Chief Bodeker, he said,
and know nothing of any development of the Phagan case in
Birmingham. I have not had a detective there working on any
clews, and if the Birmingham chief has found a man who saw the
murder he has not yet notified the Atlanta police.
Luther Rosser, attorney for Frank had retired when he was
informed of the story from Birmingham. Mr. Rosser declared he
knew absolutely nothing about the affair. He refused to be
quoted.
Both Sides Will Be
Ready
For Frank Plea
Wednesday
With prosecution and defense rushing their preparations to a
conclusion, the prospects Saturday were that all concerned would
be ready for the arguments on a new trial for Leo M. Frank, which
is set for next Wednesday before Judge L. S. Roan.
Solicitor Dorsey has asked Attorney Rosser for copies of all
the new affidavits taken by him since he filed the motion. Mr.
Rosser replied by saying that would turn over such documents if
the Solicitor would in turn supply him with copies of all affidavits
secured by the State since this time. It was agreed that the
exchange should occur Monday morning.
The Solicitor's assistants, while he is engaged in suggesting
additions to the brief evidence, will be finishing up the
investigation into the defense's charges of bias against Jurors A.
H. Henslee and Marcellus Johenning. The latter has made a denial
even more vigorous and absolute than that of Henslee's.
Juror Sure of Acquittal.
Johenning appears to have no fear that he will be cleared of
the accusations of being prejudiced against Frank before he was
called into the jury box.
The persistent rumor, current since the charges against
Henslee and Johenning, that a third juror had been accused, is
also being investigated by the State's counsel. The report has
been that attorneys for Frank have affidavits which name a third
juror. However, nothing so far has become public which warrants
this report.
Solicitor Dorsey has gone carefully into the life and character
of every person who has made an affidavit for the defense
charging Henslee and Johenning with prejudice. It has been hinted
that the Solicitor will spring some surprises when he makes the
depositions public at the hearing on Wednesday.
He is understood to be confident that he can free both
Henslee and Johenning from the accusations against them, in
which case Frank's lawyers will be forced to rely on their other
reason to obtain a new trial.
Other Contentions of Defense.
That they would not be at all unwilling to rest their chances
for a new trial on almost any one of their reasons if it were
necessary, counsel for the defense have indicated repeatedly.
They feel that the alleged prejudice of the two jurors is sufficient
in itself to warrant the granting of a new trial.
Both sides have a number of affidavits which they have not
exchanged or made public. These are said to be some of the most
important obtained and are expected to play a large part in the
decision at which Judge Roan will arrive.
PAGE 7, COLUMN 7
Recorder
Preston
Scored by
Lawyer
Police Judge Either
Ignorant of Law
or Disregards It, Declares
Smith.
Charging that Recorder Pro Tem Preston is either ignorant
of the law or utterly disregards it, William M. Smith, former
attorney for Jim Conley, has taken out a writ of habeas corpus to
obtain the release of Sam Holder and Andy Morton, negroes who
were arraigned in Police Court Saturday afternoon on charges of
operating a blind tiger.
When the case was called Judge Preston, it is charged,
decided that the negroes were not guilty of the charge on which
they were arrested, but said he would hold them on another
charge and try them next Tuesday afternoon.
PAGE 13, COLUMN 1
FRANK
PLEA
WEDNES
DAY
TO SEE
BOTH
SIDES
READY
State and Defense
Rush Their
Preparations for
Arguments on
New Trial and Agree
to Ex-
Change All Affidavits
Secured.
With prosecution and defense rushing their preparations to a
conclusion, the prospects Saturday were that all concerned would
be ready for the arguments on a new trial for Leo M. Frank, which
is set for next Wednesday before Judge L. S. Roan.
Solicitor Dorsey has asked Attorney Rosser for copies of all
the new affidavits taken by him since he filed the motion. Mr.
Rosser replied by saying that would turn over such documents if
the Solicitor would in turn supply him with copies of all affidavits
secured by the State since this time. It was agreed that the
exchange should occur Monday morning.
The Solicitor's assistants, while he is engaged in suggesting
additions to the brief evidence, will be finishing up the
investigation into the defense's charges of bias against Jurors A.
H. Henslee and Marcellus Johenning. The latter has made a denial
even more vigorous and absolute than that of Henslee's.
Juror Sure of Acquittal.
Johenning appears to have no fear that he will be cleared of
the accusations of being prejudiced against Frank before he was
called into the jury box.
The persistent rumor, current since the charges against
Henslee and Johenning, that a third juror had been accused, is
also being investigated by the State's counsel. The report has
been that attorneys for Frank have affidavits which name a third
juror. However, nothing so far has become public which warrants
this report.
Solicitor Dorsey has gone carefully into the life and character
of every person who has made an affidavit for the defense
charging Henslee and Johenning with prejudice. It has been hinted
that the Solicitor will spring some surprises when he makes the
depositions public at the hearing on Wednesday.
He is understood to be confident that he can free both
Henslee and Johenning from the accusations against them, in
which case Frank's lawyers will be forced to rely on their other
reason to obtain a new trial.
Other Contentions of Defense.
That they would not be at all unwilling to rest their chances
for a new trial on almost any one of their reasons if it were
necessary, counsel for the defense have indicated repeatedly.
They feel that the alleged prejudice of the two jurors is sufficient
in itself to warrant the granting of a new trial.
Both sides have a number of affidavits which they have not
exchanged or made public. These are said to be some of the most
important obtained and are expected to play a large part in the
decision at which Judge Roan will arrive.