Wednesday, 29th October 1913 Arnold Branded With Falsehood By Hugh Dorsey
The Atlanta Constitution,
Wednesday, 29th October 1913,
PAGE 1, COLUMN 3.
Advises Lawyer for
Defense
to Take Purgative to
Rid
His System of Some
of Its
Miasma.
DIRTY TACTICS
CHARGED
BY SOLICITOR
GENERAL
Dorsey's Speech Is
Concluded.
Rosser Will Make
Address
Today and the Case
Then
Goes to the Judge.
With a blistering attack upon Rube Arnold, in which the
attorney was accused not only of deliberate falsehoods, but of
having lost through his activity in the Frank case the public
esteem and appreciation of the people of Georgia, Solicitor
General Hugh M. Dorsey concluded his stirring argument in the
Frank hearing late yesterday afternoon.
Mr. Arnold has made charges against me and against Judge
Roan that are deliberate falsehoods. He happens not to be in the
room at this time. I wish he were. I therefore, ask you, Mr. Rosser,
as his colleague, to deliver to him this message which I am going
to send.
Mr. Rosser, who was sitting only a few feet distance, arose
and turning so that he faced both the solicitor and Judge Roan,
said:
I'm no tale bearer. IF you have anything to say of Mr.
Arnold, I think it would be more appropriate to say it to him in
person. Please do not consider me a slander courier.
Sends Message to Arnold.
Then, continued Mr. Dorsey heatedly, I'll say this much as
advice to Mr. Arnold. If I were in his place, I'd take a purgative and
get rid of some of the miasma and putrefaction that rankles in his
system.
he needs even more. He needs a drastic cathartic. I am
sure that if he would turn his back on a little of the money the
Brooklyn friends and relatives are putting up for Mr. Leo M. Frank,
that he would clean his mind and soul of the fire and fury therein
that are being paid to blaze.
The community will not hold the lofty opinion it has held of
Mr. Arnold until he does this. Mark my prediction! The public he
has maligned and abused knows enough, that where the defense
has been dirty in its tactics that the prosecution has been clean.
The charge that the public has lost its head, and that you,
your honor, and I , and the detectives, have lost and that a clean
and wholesome jury was perjured is so diabolical that I am sure
your honor will not even consider this motion for a new trial. The
public mind does not. I am sure you will not.
These were the final words of the solicitor's argument which
extended less than an hour more than a day.
Rosser Promises Attack.
When he had finished, Mr. Rosser arose from his seat for the
second time. As the solicitor took his seat, Rosser said:
If Dorsey means to assert that I am not going to say he has
done dirty things in this case, he is terribly mistaken, for I am
going to say it. And, it might be well to mention that I have ample
evidence to substantiate such accusation I make.
Before other words could be Judge Roan adjourned the
session until Wednesday morning at 9 o'clock, when Mr. Rosser
will begin his speech. To a reporter for The Constitution, Mr.
Rosser said that he hardly thought his argument would last over a
day"less, in all probability.
The most of Solicitor Dorsey's speech Tuesday was devoted
to citations of law upholding his attacks upon the four upholding
his attacks upon the four grounds of the defense's motion which
he chose to combat. These particular grounds were those based
upon demonstrations of the crowds at the trial. Conley's
testimony, Judge Roan's charge and upon alleged jury prejudice.
The room in which the hearing was held was filled with a
young law library. Not less than 200 cases were recited during the
course of his speech, each tending to uphold the solicitor in his
various arguments. He was assisted by E. A. Stephens, who is
associated with him in the solicitor's office.
Defense Accuses Everybody.
The defense, he said in part, finds cause to accuse almost
everybody within range of everything from neglect of duty to
wrong-doing of all conceivable kinds. They accuse your honor, my
friend Hooper, myself, the detective department and every man
on the sheriff's staff.
Why is it? It is purely this"this and nothing more: They
have lumbered all this mass of stuff in here merely as some
excuse to ask your honor to set aside a verdict which he
conscientiously known is correct and capable of withstanding any
storm that might brew in the future.
But such tactics are only in keeping with every other thing
they are doing. There is absolutely no justification for this motion.
They have no grounds and they know it. That is the pathetic thing
about the whole business"to watch the defense beating around
in the dark like snipe hunters, doing every possible thing to find
something on which they might be able to base a desperate
plea.
Why, just look how ridiculous some of these pieces of
evidence are"the Sam Boorstein affidavit, for instance. Colonel
Samuel Boorstein, lawyer. He swears he saw a juror put his head
out of a window at Kimball house. Poor juror. Poor Colonel
Boorstein. It is the most absurd proposition I have ever heard of.
There isn't a ground in the entire motion that has to it even
a semblance of merit. I know it, your honor knows it, and the
poor, desperate defense knows it. If the defense wasn't composed
of such capable law-
Continued on Page Five.
PAGE 5, COLUMN 5
ARNOLD BRANDED
WITH
FALSEHOOD
Continued From Page
One.
yers as Meessrs. Rosser and Arnold, why, your honor wouldn't
take the pains to listen to it.
Sanctions Red-Handed Crime.
If you accept the kind of policy the defense would have you
accept, your honor will be literally sanctioning red-handed crime
and giving freedom to criminals. If they had shown credible
evidence by unimpeachable witness, they might have had a
chance for a new trial But knowing the evidence and
circumstances as does your honor, you cannot possibly do
anything toward granting their wish.
If you disqualify jurors on such flimsy evidence as has been
produced by the defendants, you will have a hard time ever
getting a jury in the future"in some cases, many, I'm afraid"
you'll never get one. It will be an impossibility.
Let me tell you something: There isn't a man in the state
more honorable and peaceful than these men. Johenning and
Henslee. And, in saying this, I include every man from the
governor down. Is it any wonder that when such men as these
are allowed to be attacked that the people are growing to hold
the court and law in contempt?
Now, let me say this much, and I say it with all sincerity and
feeling: If this man Johenning and this man Henslee have done
what the defense accused, they ought to be sent to the
penitentiary. For, if such is the case, justice is a fraud and court
trial a farce. Consider it a moment. The you'll agree that I am
right.
Militia Will Be Necessary.
If your honor would do such a thing as grant a new trial on
the ground of demonstrations and outbreaks of the crowd, then
he will permit things to come to such a pass where it will be
necessary to muster out the military to keep guard. We will have
court in the future at the point of bayonets and loaded guns.
Regarding your honor's charge on which is based one of the
grounds for a new trial, I do not think it necessary for me to dwell
at all. They do not necessitate combat. I have enough confidence
in your honor's knowledge of law and in his discretion. I will not
give dignity to this ground by making reply.
To tell the truth, I believe that this ground was inherited in
the motion to give bulk and for purely no other reason. You can
readily see that such is the case in almost all the other grounds.
PAGE 5, COLUMN 6
KNIGHTS OF
PYTHIAS
WILL CONVENE
TODAY
All Lodges in the Fifth
Georgia
Congressional District
Will
Gather in Atlanta
The annual convention of the Knights of Pythias of the fifth
district, which includes all the lodges within the fifth congressional
district of Georgia will be held today at the Knights of Pythias Hall,
in the Kiser building.
At 3 o'clock a meeting of the delegates from the various
lodges in the district will be held for the purpose of reorganization
and the election of district officers for the coming year, and to
transact routine businesses.
At 8 o'clock in the hall a Pythian rally will be held, to which
all Knights of Pythias have been invited, whether in good standing
or not. The rally is to be a general get together meeting, and an
effort will be made to re-enlist all members who, for various
reasons, have ceased to be actively connected with the order.
Practically all of the grand officers of the state are expected
to attend the rally, and speeches will be made by all of the grand
officers present and by several local Pythians of high rank.
Supreme Chancellor Thomas J. Carling, of Macon, the head of
the entire order, has been invited to attend, and will probably
make an address before the meeting.
Past Grand Master Milan, of Cartersville, and Hamilton
Douglas, past chancellor and past supreme representative of the
order, and Troy Beatty, of Athens, grand prelate; Past Chancellor
Shepard Bryan, Miller Bell, of Milledgeville, present grand
chancellor; H. M. Stanley, of Dublin; Grand Vice Chancellor Joseph
P. Smith; Past Grand Chancellor James W. Austin, Attorney Frank
Hooper and Joseph P. Smith will make short addresses.
Refreshments will be served during the evening, and an
orchestra has been engaged to furnish music.
PAGE 12, COLUMN 2
PROFESSIONAL
CARDS
P. H. Brewster, Albert Howell, Jr.
Hugh M. Dorsey, Arthur Heyman,
Dorsey, Brewster, Howell &
Herman,
Attorneys-at-Law.
Offices: 202, 204, 205, 206, 207,
208, 210
Kiser Building, Atlanta, Ga.
Long-Distance telephone 3022,
3024,
and 3025, Atlanta, Ga.