Thursday, 16th October 1913 Dorsey Will Request Postponement Again

Search for:

Reading Time: 4 minutes [698 words]

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.