Thursday, 30th October 1913 Retrial Hearing For Leo M. Frank Comes To Close

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Luther, Rosser

Concludes Ar-

gument by Bitter

Attack on

Juror A. H. Henslee

and

Witness Jim Conley.

JUDGE WILL

ANNOUNCE

DECISION NEXT

FRIDAY

Hearing of Argument

for New

Trial Was One of

Longest

In Legal Annals of

State,

Lasting Seven Days.

The hearing for a new trial for Leo M. Frank came to a close

at 5 o'clock yesterday afternoon. At 9 o'clock Friday morning

Judge Roan will announce his decision. It was reserved at the

close of the final session in order for the judge to consider a

number of legal points and to permit both the defense and

prosecution to make certain changes in documents filed with the

court.

The hearing concluded with a brilliant speech by Luther Z.

Rosser, associate counsel for the defense, which occupied the

entire day. He dwelt chiefly on legal questions and cited many

court decisions. He attacked the evidence of Jim Conley and

assailed Solicitor Dorsey.

The detective and police department also came in for a

liberal panning. Harry Scott, of the Pinkertons, who was an active

figure in the Phagan investigation, was likewise flayed. Rosser's

bitterest words, however, were employed in assailing the twelve

jurors who took the word of the negro Conley in preference to a

white girl and two white men.

Says He Is Losing Money.

During progress of his address Mr. Rosse declared that he

was not being paid a fabulous sum to represent Frank, as, he

stated, many people were wont to believe. Instead, he asserted,

I am losing money. Money is going out of my own pockets to

defray the expense of this man's defense. It's not, the money

that's in it. It's my heart and soul that moves me to fight for him.

The conclusion of his argument was stirring and eloquent.

Nobody in Georgia has a more profound respect for the people of

his state and county than I, he spoke, and I believe that no

matter what they now think, they will soon realize the

unspeakable mistake that has been committed.

No matter what else there is in this case, my own individual

conviction is that Frank is innocent, and as long as there is a

shred of hope I will stand in his defense. It matter not what befalls

me. Believing in Providence as I do, I am convinced that time will

rectify all things and work toward final good.

The failure to deny this man a new trial will be a judicial

mistake that will cause the trial of the future to be held at the

point of bayonets and loaded rifles. Your honor cannot afford to

make that mistake. Justice is at stake. Let us do right even though

the heavens fall.

Attacks Juror Henslee.

He opened the afternoon session with an attack upon Juror

Henslee.

Did your honor take notice of Henslee"the juror of the

ventriloquial voice? he began. Henslee was either an intentional

liar or just a careless one. I may live to be a hundred years old,

but I doubt that I'll ever see such a remarkable document as

Henslee's affidavit.

In the first place, a talking machine isn't in it with Henslee.

He was the mouthiest person who ever sat on a jury. He would

talk to anybody about anything and under any circumstances. It

was a pity, indeed, that his words were the fume of the venom

and bile that was forever being generated in his system.

Henslee swears to one thing and then to another and

swears both are correct. How are you going to get around a thing

like that? When your honor sees Henslee as I'm going to paint him

"not as my friend Dorsey has painted him"why, you can either

take Mr. Henslee or let him alone.

Why, when Henslee went to Albany after the verdict he held

a veritable reception among his friends, rejoicing over the fact

that he had found Frank guilty. That is proved by his own affidavit

when he says a number of friends saw me in such and such a

place and congratulated me.

This was the most indecent act ever attributed an allegedly

decent white man. In the name of fairness and justice, are we

going to stomach such as this? Can this man Henslee be the

good, irreproachable person Dorsey was alluding to yesterday?

Would You Believe Henslee?

Now, tell me something. Would your honor, under these

circumstances believe Henslee if he came to you and said your

daughter was sick in Carrollton when, just a moment ago, two

other men had told you she was sick in Forsyth? I hardly think you

would. I know I wouldn't.

It would be better to do it all over again and let him have a

new and fair and impartial trial than to let this Henslee's

besmirched character dirty the laws and judiciary of our state.

Enough about Henslee. It makes me stick every time I think of

him.

But, something about Conley: That's the most horrible thing

of this whole case. Nothing your honor did was more harmful to

Frank than to permit the admission of testimony as to perversion.

Look at its effect on Henslee, who said he believed Frank was a

pervert and that he had come to that conclusion by the evidence.

The only evidence on earth was Conley's miserable tale.

I am sure that these three alleged acts of perversion which

Conley relates alone convicted Frank. When this negro's word

found lodgment in the jury mind, there was left no more room for

any thought of innocence. And that's the truth of the conviction of

Leo Frank.

There was a time in Georgia when a fragile little girl, as

pure as the wing of a dove, would have been believed against a

filthy negro whose character and conscience is blacker

Continued on Page Nine.

PAGE 9, COLUMN 4

Continued From

Page One.

than his skin. In that time, one little girl would have been believed

against a whole caravan of black brutes. But the little Kern girl got

on the stand and repudiated Conley's lie. And her story was

belittled by the jury and solicitor and the whooping crowd.

Believed Negros' Word.

They would rather believe the negro's word. They took it in

preference and, in believing it , put the nasty brand of liar on a

sweet, little white girl. Oh, how times have changed. I hope to

God I die before they change any worse than this.

Was that all? No. This jury of brave and fearless knights,

courageous and unfrightened, sat in their seats and announced to

the assembled city that the little Kern girl's story and that of Mrs.

Levy and Mr. and Mrs. Selig were lies in the face of the filthy

negro's reeking tale. Away with Miss Kern!' they cried. Away

with Mr. and Mrs. Selig, away with Mrs. Levy, away with Anglo-

Saxons, you are corruptors, perjurers,' and these twelve good

men and true wrapped their arms lovingly and tenderly around

this stinking black brute, saying we love you, Jim, we love you.'

You have furnished the altar around which we shall

worship, Jim,' they told him. This girl, these Anglo-Saxons are

liars all.' All of which shows that this case was the most

marvelous that ever happened. It was the most outrageous, it was

the cruelest. By the grace of God it will never happen again.

The close of the Frank hearing marked the end of the longest

hearing for a new trial in the history of the south. It lasted exactly

seven days. Four speeches were delivered, two for the

prosecution and a like number for the defense. The entire thing

was held in private in an ante room of the state library.

All Disclaim Attacks.

At the opening of Wednesday's session, Solicitor Dorsey,

who had made some rather spirited allusions to Attorney Rube

Arnold, who is associated with the defense, on the previous

afternoon, arose to say that he meant nothing personal in the

attack and that he regretted the fact that his words had been so

construed.

Mr. Arnold, who was present, followed Mr. Dorsey to the floor

saying that he had not been concerned over the remarks, and

very graciously declared that he had not considered them

personal. Attorney Rosser, smilingly, spoke up that he wanted to

be declared in on the peace conference.

Nobody must think, he said, that we lawyers, in such an

extraordinary case as this, should take matters as calmly as a

bride takes her flowers.

PAGE 1, COLUMN 3

PYTHIAN

KNIGHTS

PLAN FINE

HOME

$5,000 of Stock

Already Sub-

scribed Towards

Erection

of Building, Which

Will

Cost Over $50,000.

According to plans formulated by the semi-annual meeting

of the various lodges of the Knights of Pythians embraced in the

Fifth congressional district at two sessions held Wednesday

afternoon and evening in the lodge room sin the Kiser building the

local lodges of the order will soon erect an elegant and

commodious home in Atlanta.

Although the plans are yet in their infancy the preparations

made last Wednesday night for subscriptions to the stock for the

construction of the edifice are indicative of a magnificent modern

building to cost not less than $50,000.

The afternoon session of the knights was devoted to the

routine business of the order, the disposal of the various matters

which have arisen during the past six months, and the election of

officers for the coming year.

Russell Smith Honored.

The officers elected at Wednesday's meeting are: Russell K.

Smith, president; Newman Lasser, first vice president; W. G.

Moore, second vice president; Young H. Fraser, secretary; Leon C.

Greer, sergeant-at-arms; Ray Frank, inner warden, and Wallace

Rhodes, chaplain. These officers were elected for a term of one

year each.

The session of Wednesday night was a most enthusiastic one

from every standpoint, each speaker declaring himself in favor of

the immediate erection of an Atlanta clubhouse for the order, and

being cheered to the echo for his stand.

The principal speakers of the evening were: Mayor

Woodward, who delivered the welcoming address; Shepard Bryan,

J. W. Austin, Hamilton Douglas, Frank Hooper and Russell K.

Smith.

Mr. Austin's address was undoubtedly the most interesting

and entertaining of an excellent program, for, while the speaker,

in his inimitable style, caused uproars of laughter by his unique

anecdotes, there was an underlying current of loyalty and deep

feeling for the Pythian brotherhood in his speech that touched a

responsive chord in the heart of each and every member of the

large crowd of knights who were present.

Home Is Necessary.

Our order stands for everything that is good and righteous,

and every true Pythian endeavors to live up to his oath and

teachings, said Mr. Austin. The time has come when we have

reached the stage of development where a commodious and

elegant home, worthy of the noble order in order which we are all

brothers, is an absolute necessity.

We all know, and it is unnecessary for me to state, that the

Knights of Pythias stand for the sacred observance of everything

good and holy in the lives of each knight and his family.

There is a movement on foot throughout the country to

compel a thorough physical examination of an all applicants, both

men and women, for marriage licenses, and our order was one of

the first to advocate such an examination and fitting physical

qualifications.

In pursuance of the good work that our order is doing, and

will, by the grace of God, continue to do, it is fitting that we

should have a suitable meeting place, where the members of the

knights, particularly the younger ones, can meet in comfortable

good-fellowship, and discuss the high ideals and purposes of the

organization.

Building Is Necessary.

Therefore, we are gathered together with the main purpose

of formulating plans for the erection of a building that will be not

only adequate to the present needs of the local lodges, but he will

be able to accommodate the new and increased membership that

we are bound to acquire within the next few years, and in

addition, be a credit to the beautiful and enterprising city of

Atlanta.

A charter for a $50,000 company for the purchase of a

suitable lot, and the erection of a lodge building, has already been

secured, and the work will be started as soon as the necessary

subscriptions can be secured. More than $5, 000 was subscribed

to the stock of the company at Wednesday night's meeting, in

shares of $100 each, and it is hoped to secure the entire amount

within the next few weeks.