Thursday, 2nd October 1913: Ask New Frank Trial On 115 Counts Many Errors Laid To Court; Charge Made Of Jury Intimidation, The Atlanta Georgian

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Citing 115 counts wherein the count is declared to have erred in

the trial of Leo M. Frank, Luther Z. Rosser Wednesday fled with

the criminal court a motion for a new trial for the pencil factory

superintendent, sentenced to hang October 10 for the murder of

Mary Phagan.

The motion, contained in nearly two hundred typewritten

sheets, includes an exhaustive research of the trial and each

count, as it is brought out, is dissected.

The motion will be placed in the hands of Solicitor Dorsey for

his inspection and reply and the first hearing will be given on

October 4.

Principal among the objections offered in the motion is the

conduct of the crowds which attended the trial. Frank's attorneys

openly declare the jury was intimidated, and despite their

objections no effort was made to stop the applause which time

and again rang out in the courtroom.

Threats to clear the room were made by the trial judge,

the motion states, but they were absolutely disregarded and the

threats were not enforced, despite the objections of counsel for

the defense.

Hits at Conley Testimony.

The motion struck also at the admission of the lascivious

testimony of Jim Conley, the negro sweeper. The testimony

referred to included that wherein the negro declared on the

witness stand that Frank had entertained women in the factory on

holidays while he stood watch at the front door.

Lasciviousness is not one of the character traits involved in

a plea of murder and can not be held in a murder trial, even when

the defendant has put his character in issue, the motion stated.

The testimony of Dr. H. F. Harris, Country Physician, also was

objected to. The motion declared that the physician's testimony

was argumentative and not a statement of fact, scientifically or

otherwise. Dr. Harris had gone extensively into an analysis of the

cabbage taken from the stomach of Mary Phagan, which she had

eaten on the morning of her tragic death.

Objection was also made to the testimony of Newt Lee, the

negro night watchman, who first found the Phagan girl's body,

wherein he testified as to Frank's nervousness and his method of

conversation when the two were brought together at the police

station following the murder.

The testimony of Detective Black that Frank was excited,

while Lee was composed, at this time also was made the point of

an objection. Black's statements of a conversation which he had

had with Frank before the murder, when on a private

investigation, were objected to when the detective compared

them to the conversation which he held with the pencil factory

superintendent after the girl was murdered.

Charge Errors to Court.

The petition charges that the court erred in allowing the

testimony of Miss Mary Pirk, who charged immoral conditions at

the pencil factory, and in admitting other testimony hinting at the

same thing over the protests of the defense.

Error is charged in the admission of Miss Irene Jackson's

evidence concerning a conversation with Detective Starnes about

dressing-room conditions, and an incident in which Frank looked

into the room when Miss Emily Mayfield was not dressed.

Another count is based on the admission of Scott's testimony

concerning a conversation he had with Mrs. Arthur White

regarding her seeing a negro on the first floor of the factory. The

State claimed this negro was Jim Conley.

Solicitor's Conduct Attacked.

The court is charged with error in allowing the Solicitor to

declare that he was prepared to prove the charges

PAGE 7, COLUMN 1

PLEA FOR NEW

TRIAL FOR

FRANK, DOOMED

SLAYER

IS BASED ON 115

COUNTS

Continued From Page 1.

of immorality against Frank. The petition charges specific error to

the Solicitor's declaration. I am not fourflushing, made in the

presence of the jury. It is declared that this declaration had undue

influence on the jurors' minds, leading them to unfair inference.

Another error is laid to the court in allowing over the

defense's objection to Solicitor's questions tending to show that

Montag Brothers had attempted to influence the Pinkertons and

had tried to make the detective agency shield the prisoner. The

petition declares that none of the evidence concerning the

employment of the Pinkertons was admissible.

The overruling of any evidence from Street Car Inspector

Leach concerning the dismissal or punishment of employees for

being ahead of schedule time is another count.

Error is charged in the questioning of J. N. Minar, a reporter

for The Georgian. The defense claims that the questions

concerning whether he went to interview the Epps family merely

as a reporter should never have been allowed. The questions

were asked, the petition says, to influence the jury and no

attempt to prove the intimations ever was made.

In refusing to allow Miss Hall to testify to a telephone

conversation in rank told her about work to be done that tragic

day another error is charged and another in the admission of

Philip Chambers' reference to Gantt, tending to show that Frank

had tried to throw suspicion on Gantt and shield himself.

B'nai Brith Question Recalled.

The court also errored. It is held, in declining to allow Dr.

David Marx to give testimony as to the character of the Jewish

organization known as the B'nai Brith.

Defendant's counsel, it is said, stated at the time that Dr.

Mary would testify that, while the B'nai Brith was an international

Jewish charity organization, its charity did not extend to giving aid

to persons charged with misdemeanors of criminal law.

The State objected to this, it is further stated, and the court

sustained the objection and so the court errored in this respect,

for the reason that the Solicitor General, in his insinuations to the

jury and in his speech, strongly intimated that Frank was

receiving moral and financial support by reason of his

membership in B'nai Brith.

The court also errored, it is held, in permitting Mr. J. J.

Wardlaw to be asked certain questions in regard to Frank's

alleged conduct on a Hapeville car with Mary Phagan. She

answered, it is said, No to all questions. The defendant objected

to the questions because while the witness denied any knowledge

by hearsay or otherwise of the wrong asked about, the mere

asking of such questions, the answer to which must have been

irrelevant! And prejudicial, was harmful to the defendant, and the

court erred in permitting questions to be asked no matter what

the answers might have been.

Character Ruling Attacked.

The court further erred because, although the defendant had

put his character in issue, admitting such testimony, the State

could not reply by proof of improper or immoral conduct with

women.

A reputation for lasciviousness is not involved in that general

character that is material where the charge is murder, according

to the defense.

The court erred, it is said, in permitting the witness, W. E.

Turner, over the objection of the defendant, to tell of a

conversation he overheard between Frank and Mary Phagan, in

which Frank told her he was superintendent of the factory, and of

Mary Phagan backing away from him, and of Frank walking

toward her. This was prejudicial because it was a distinct

transaction apart from the issues in the case intended to

prejudice the jury.

The court erred in permitting W. P. Merck, over objection, to

tell of an engagement he had with Daisy Hopkins, and to tell of

her remarks that she had just been to the pencil factory.

The court erred in admitting the minutes of the State Board

of Health showing the controversy of Dr. Harris and Dr.

Westmoreland. This was prejudicial to the defendant, centering

the minds of the jury men on something different from the issues

in the case. It erred in permitting E. H. Pickett to testify, over

objections, about Menola McKnight's statements.

Hit Car Evidence.

The court erred in permitting J. C. McEwen, street car man,

to testify as to the arrival of the Euclid avenue car"stating that it

would have to be ahead of the White City car to cut it off.

Objecting also was cited to the testimony of Henry Hoffman,

another street car man who testified about cars coming in ahead

of time.

Objections were cited to the testimony of J. M. Gantt, that

the clocks of the pencil factory were not accurate, on the ground

that the evidence was misleading.

Other objections were: Against the testimony of Harry Scott,

admitted over objection, that Frank did not inform him that

Conley could write.

Against L. T. Kendrick's testimony about the condition of the

clocks while he was in the factory.

Attack Character Evidence.

That the court erred in allowing witnesses to testify that

Frank's character for lasciviousness was bad.

To permit this evidence, states the petition, was highly

prejudicial to the defendant. It attacked his moral character, and

while such an attack would not tend to convict him of murder nor

show him a person of such character as would likely convict him

of murder nor show him a person of such character as would

likely commit murder its introduction prejudiced the jury against

him.

It charges that the court erred in permitting Dewey Hewitt,

who was brought to Atlanta from the Home of the Good Shepard,

in Cincinnati, to testify as to Frank's character, that the court

erred also in admitting the following evidence.

The testimony of Miss Cato that she saw Frank go into a

private dressing room with Miss Rebecca Carson.

That the court erred in refusing to give certain pertinent

legal charges in the language requested by the defendant's

counsel.

The petition states the judge was requested to make this

charge:

If the jury believed from the evidence that the theory or

hypothesis that James Conley may have committed this crime is

just as reasonable as the theory that the defendant may have

committed this crime then under the law, it would be your duty to

acquit the defendant.

Applause in Court Cited.

It charges that the court erred in declining to grant a motion

for a mistrial on account of the applause.

That the court erred in refusing to clear the courtroom. Says

the petition:

The passion and prejudice of those in the crowded

courtroom was so much aroused against the defendant that he

could not obtain a fair and impartial trial. The very presence of

that crowd was a menace to the jury.

It further charges that the court erred in permitting Attorney

Hooper to argue to the jury that the failure of the defense to

cross-examine the State's female character witnesses was

because a cross-examination would have brought out specific

instance of immorality.

A similar objection is made to Dorsey's argument.

One objection to Dorsey's speech was his reasons for Mrs.

Frank's failure to visit her husband.

It charges that the court erred in permitting Dorsey to

intimate that the defense called some of the expert witnesses

because they were physicians of some of the jurors.

The petition charges that J. A. Hensley and Mr. Johannon

were prejudiced against the defendant when they were selected

as jurors, and were not fair and impartial jurors.

Other Points in Motion.

Other interesting extracts from the petition are.

Public sentiment was greatly aroused against the defendant.

The courtroom was quite a small room and during the argument

of the case every seat was taken. The jury, in going to and fro

was dependent on the small passage ways made by the officers

of the court. The jurymen could hear the whispers of the crowd.

During the argument of the Solicitor, Mr. Arnold made an

objection and the crowd and laughingly jeered at him so that Mr.

Arnold appealed to the court.

On Saturday, prior to the rendition of the verdict, excitement

in and about the courtroom was so apparent as to cause

apprehension in the mind of the court as to whether he could

safely continue the trial Saturday afternoon.

Tells of Court Conference.

In making up his mind his honor conferred with, while on the

stand and in the presence of the jury, the chief of police of Atlanta

and the colonel of the Fifth Georgia Regiment. The public press,

apprehending trouble also, united in a request to the court that

he not continue the court on Saturday.

So court was adjourned until Monday morning.

But public excitement had not subsided Monday morning.

When the Solicitor entered the courtroom he was vociferously

cheered by the large crowd"ladies and gentlemen"present, by

stamping their feet and clapping hands while the jury was not 20

feet away in their rooms.

While Mr. Arnold was making a motion for a mistrial and

while taking testimony to support it the crowd applauded.

Cheers for Dorsey Recalled.

When the jury was finally charged by the court and retired to

consider their verdict, and when Mr. Dorsey left the courtroom, a

large crowd on the outside of the courthouse and in the street

cheered by yelling and clapping hands and yelling Hurray for

Dorsey.

When it was announced that the jury had agreed upon a

verdict the court felt constrained to clear the courtroom, but when

the verdict was rendered a crowd of more than 1,000 people

outside raised a mighty shout of approval.

The court erred in not leaving it to the jury to say whether or

not, under the facts, the witness Conley was an accomplice.

Allege Technical Errors.

The court further erred in not charging the jury that if, under

the instructions given them, they found Conley was an accomplice

of Frank, they could not convict Frank under the testimony of

Conley alone, but that to do so there must be a witness other

than Conley alone, but that to do so there must be a witness

other than Conley in circumstances corroborating the evidence of

Conley.

The court erred, over the objection of the defendant, in

allowing the witness, Lewis Ingram, to testify as to the street car

coming in ahead of time. The court erred for the same reason in

permitting the witness, W. D. Owens, to testify as to the time.

The court erred in charging the jury as follows:

Is Leo Frank guilty? Are you satisfied of that beyond a

reasonable doubt from the evidence in this case or is his plea of

not guilty the truth?

Reason for Objection.

The court erred in putting the proposition of the

defendant's guilt or innocence to the jury in this manner, because

the effect of the same was to put the burden upon the defendant

of establishing his plea of not guilty and the further effect was to

impress upon the jury, that, unless they believed that the

defendant's plea of not guilty was the truth that they could not

acquit him, and even though they did not believe his plea of not

guilty to be true, it left out entirely the consideration that if they

still had a reasonable doubt in their minds of his guilt they should

acquit him.

Twenty-five pages of the petition are devoted to objections

to Solicitor Dorsey's speech. The various objections to his

arguments that were made in court are recited and urged as

grounds for a new trial. The court is charged with having erred in

performance putting certain comparisons between the Durrant,

Richeson and Wilde cases and the Frank case.

Mentions Vain Request.

The petition says that a new trial should be granted because

of the following grounds:

The Solicitor General having, in his concluding argument,

made the various statements of fact about the Durant case, as

shown in the preceding grounds of this motion, the defendant

requested the court, in writing, before the judge began his

charge, to charge the jury as follows, which request the judge

refused to grant and thereupon committed error:

The jury was instructed that the facts in other cases read or

stated in your hearing are to have no influence upon you in

making your verdict. You are to try this case upon its own facts

and upon the opinion you entertain of the evidence here

introduced.

PAGE 2, COLUMN 7

DORSEY DISSECTS

FRANK PLEAS

HEARING OF NEW

TRIAL

MOTION CERTAIN

TO BE

POSTPONED

SATURDAY

It was regarded as absolutely certain Thursday morning that

the hearing of the Frank motion for a new trial would be

postponed when it is called by Judge Roan Saturday morning.

The last doubt about the postponement was removed

following a statement of Solicitor General Hugh Dorsey who

declared that it would take him from now until Saturday and

perhaps longer to check up the brief of evidence alone.

The evidence is quite a bulky affair, as it is contained in

nine volumes, each one of which must be examined with the

utmost care.

Huge Task Checking Evidence.

Although it had been announced that the amended motion

would be placed in the Solicitor's hands Wednesday at noon, this

was found to be impossible because of the magnitude of the work

of checking up the evidence. Attorney Rosser's clerks worked all

the afternoon in an effort to get it to the Solicitor Thursday

morning. It probably will be in Mr. Dorsey's hands before noon

Thursday.

Exactly 115 instances are cited in the amended motion as

reasons why Leo Frank should be granted a new trial. Foremost

among these are citations charging that jury was influenced by

the various forms of popular clamor for the conviction of the

prisoner and alleging bias and prejudice against the defendant on

the part of two members of the jury, Henslee and Johenning.

On several different counts the court is attacked because of

its alleged fail clear the court room when the alleged prejudice of

the crowd was in evidence. Reference is made also to the jeering

laughter of part of the crowd when Attorney Arnold commented

on certain of the Solicitor's remarks.

Dorsey's Durant Speech Hit.

A large part of Solicitor Dorsey's speech, containing

reference to the California slapper. Durant, as well as others, also

is attacked on the grounds that it was over the protest of the

defense.

The motion, which will be placed in the Solicitor's hands

Thursday, is an amendment to the formal motion presented to the

court on the day Frank was sentenced to hang. The formal motion

was merely a skeleton affair and contained but the merest outline

of evidence contained in the complete papers.

The amended motion covers 173 closely typewritten pages

and goes into the most minute detail on various points wherein it

is alleged the court erred in not declaring a mistrial. That it will

take the Solicitor at least four or five days to prepare an answer is

regarded as certain.

PAGE 3, COLUMN 3

FRANK JUROR DENIES CHARGE OF

PREJUDICE

SOLICIT

OR

CERTAI

N

TO

GET

DELAY

Dorsey Unable to Prepare

Data to

Fight New Trial Motion

by

Saturday.

With the prospect Thursday of a postponement of the

hearing of the Frank motion for a new trial when it comes up

Saturday, there came also the positive assurance that Solicitor

Dorsey would have absolute denials from the two jurors charged

with prejudice in the motion.

Marcus Johenning, No. 161 Jones avenue, one of the jurors,

declared Thursday that the accusation was a complete falsehood.

I served on that the jury because I did not want to try to be

out of doing so, said Johenning, even though I would gladly

have escaped the work. And now, to accuse me of having told a

falsehood in secure the month's service is rank injustice.

I lost money through neglect of my business, and there was

not a man on the jury who had anything to gain, other than to do

his duty as a citizen. If there are any persons who have made

affidavits that we did not do Frank justice, they have lied

outright.

Henslee's Friends Tell of Denial.

J. A. Henslee, a travelling salesman and second juror charged

with having been prejudiced, has moved to Barnesville since the

end of the Frank trial. However, his Atlanta friends Thursday

declared that he had made strenuous denials to them of the

accusation when became public some time ago.

The last doubt about the postponement was removed

following a statement of Solicitor Dorsey, who declared that it

would take him from new until Saturday and perhaps longer to

check up the brief of evidence alone.

The Solicitor added however, that he would plunge into the

subject immediately with the view of preparing his answer at the

earliest possible moment. Although he refused to venture an

assertion as to the length of the delay, it is believed that the

hearing will be postponed longer than one week.

The judge has it in his power to proceed with the hearing

regardless of the many requests of the Solicitor or the defense

but it is certain that no such ruling will be invoked Saturday.

The motion has not been served on me, said Mr. Dorsey

Wednesday morning, but without regard to the amended motion,

it will take me from now until Saturday, even longer to check up

the brief of evidence alone.

The evidence is quite a bulky affair, as it is contained in

nine volumes, each one of which must be examined with the

utmost care.

Huge Task Checking Evidence.

Although it had been announced that the amended motion

would be placed in the Solicitor's hands Wednesday at noon, this

was found to be impossible because of the magnitude of the work

of checking up the evidence. Attorney Rosser's clerks worked all

the afternoon in an effort to get in to the Solicitor Thursday

morning. It probably will be in Mr. Dorsey's hands before noon

Thursday.

Exactly 115 instances are cited in the amended motion as

reasons why Leo Frank should be granted a new

Continued on Page 2, Column 6.

PAGE 9, COLUMN 6

trial. Foremost among these are citations charging that jury was

influenced by the various forms of popular clamor for the

conviction of the prisoner and alleging bias and prejudice against

the defendant on the part of two members of the jury, Henslee

and Johenning.

On several different counts the court is attacked because of

its alleged fail clear the court room when the alleged prejudice of

the crowd was in evidence. Reference is made also to the jeering

laughter of part of the crowd when Attorney Arnold commented

on certain of the Solicitor's remarks.

Dorsey's Durant Speech Hit.

A large part of Solicitor Dorsey's speech, containing

reference to the California slapper. Durant, as well as others, also

is attacked on the grounds that it was over the protest of the

defense.

The motion, which will be placed in the Solicitor's hands

Thursday, is an amendment to the formal motion presented to the

court on the day Frank was sentenced to hang. The formal motion

was merely a skeleton affair and contained but the merest outline

of evidence contained in the complete papers.

The amended motion covers 173 closely typewritten pages

and goes into the most minute detail on various points wherein it

is alleged the court erred in not declaring a mistrial. That it will

take the Solicitor at least four or five days to prepare an answer is

regarded as certain.

PAGE 4, COLUMNS 1,

3, 4, & 7

PAGE 4, COLUMN 1

FRANK JUROR DENIES

CHARGE OF BIAS

PAGE 4, COLUMN 3

Slaton Sets

Days

For Clemency

Pleas

Governor Slaton has promulgated a rule that hereafter petitions

for clemency will be heard in the executive offices on the fourth

Thursday and Friday of each month.

The Governor is forced to the adoption of this rule in order to find

time for other public business.

PAGE 4, COLUMNS 4 &

5

TWO FRANK JURORS

CHARGED WITH

BIAS

J. A. HENSLEE

MARCELLUS JOHENNING

PAGE 4, COLUMN 7

SOLICITOR

CERTAIN TO

GET DELAY IN

WHICH

TO PREPARE

EVIDENCE

With the prospect Thursday of a postponement of the

hearing of the Frank motion for a new trial when it comes up

Saturday, there came also the positive assurance that Solicitor

Dorsey would have absolute denials from the two jurors charged

with prejudice in the motion.

Marcus Johenning, No. 161 Jones avenue, one of the jurors,

declared Thursday that the accusation was a complete falsehood.

I served on that the jury because I did not want to try to be

out of doing so, said Johenning, even though I would gladly

have escaped the work. And now, to accuse me of having told a

falsehood in secure the month's service is rank injustice.

I lost money through neglect of my business, and there was

not a man on the jury who had anything to gain, other than to do

his duty as a citizen. If there are any persons who have made

affidavits that we did not do Frank justice, they have lied

outright.

Henslee's Friends Tell of Denial.

J. A. Henslee, a travelling salesman and second juror charged

with having been prejudiced, has moved to Barnesville since the

end of the Frank trial. However, his Atlanta friends Thursday

declared that he had made strenuous denials to them of the

accusation when became public some time ago.

The last doubt about the postponement was removed

following a statement of Solicitor Dorsey, who declared that it

would take him from new until Saturday and perhaps longer to

check up the brief of evidence alone.

The Solicitor added however, that he would plunge into the

subject immediately with the view of preparing his answer at the

earliest possible moment. Although he refused to venture an

assertion as to the length of the delay, it is believed that the

hearing will be postponed longer than one week.

The judge has it in his power to proceed with the hearing

regardless of the many requests of the Solicitor or the defense

but it is certain that no such ruling will be invoked Saturday.

The motion has not been served on me, said Mr. Dorsey

Wednesday morning, but without regard to the amended motion,

it will take me from now until Saturday, even longer to check up

the brief of evidence alone.

The evidence is quite a bulky affair, as it is contained in

nine volumes, each one of which must be examined with the

utmost care.

Huge Task Checking Evidence.

Although it had been announced that the amended motion

would be placed in the Solicitor's hands Wednesday at noon, this

was found to be impossible because of the magnitude of the work

of checking up the evidence. Attorney Rosser's clerks worked all

the afternoon in an effort to get in to the Solicitor Thursday

morning. It probably will be in

Continued on Page 2, Column 4.

PAGE 10, COLUMN 4

Continued From Page 1.

Mr. Dorsey's hands before noon Thursday.

Exactly 115 instances are cited in the amended motion as

reasons why Leo Frank should be granted a new trial. Foremost

among these are the citations charging that the Jury was

influenced by the various forms of popular clamor for the

conviction of the prisoner and alleging bias and prejudice against

the defendant on the part of two members of the jury, Henslee

and Johenning.

On several different counts the court is attacked because of

its alleged failure to clear the court room when the alleged

prejudice of the crowd was in evidence. Reference is made also to

the jeering laughter of part of the crowd when Attorney Arnold

commented on certain of the Solicitor's remarks.

Dorsey's Durant Speech Hit.

A large part of Solicitor Dorsey's speech, containing

reference to the California slayer, Durant, as well as others, also

is attacked on the grounds that it was over the protest of the

defense.

The motion, which will be placed in the Solicitor's hands

Thursday, is an amendment to the formal motion presented to the

court on the day Frank was sentenced to bang. The formal motion

was merely a skeleton affair and contained but the merest outline

of evidence contained in the complete papers.

The amended motion covers 173 closely typewritten pages

and goes into the most minute detail on various points wherein it

is alleged the court erred in not declaring a mistrial. That it will

take the Solicitor at least four or five days to prepare an answer is

regarded as certain.

Leo Frank Victim

of

Mob Rule, Says

Rabbi

SAVANNAH, Oct. 2"Rabbi George Soloman in his annual

New Year sermon to-day declared that Leo M. Frank was the

victim of mob rule and racial prejudice, and that the courts were

doing nothing but reflecting the sentiment of an excited populace.

Rabbi Solomon compared the case to the Godbee trial

wherein a woman directly guilty of a double slaying, was only

sentenced to life imprisonment whereas, he said. Frank, only

remotely connected, had been sentenced to hang. He blamed it

on the idle mob that crowded the court.

PAGE 5, COLUMN 5

FRANK TRIAL JUROR DENIES

CHARGE OF BIAS

SOLICITO

R

CERTAIN

TO GET

DELAY

Dorsey Unable to

Prepare Data to

Fight New Trial Motion

by

Saturday.

With the prospect Thursday of a postponement of the

hearing of the Frank motion for a new trial when it comes up

Saturday, there came also the positive assurance that Solicitor

Dorsey would have absolute denials from the two jurors charged

with prejudice in the motion.

Marcellus Johenning, No. 161 Jones avenue, one of the jurors,

declared Thursday that the accusation was a complete falsehood.

I served on that the jury because I did not want to try to be

out of doing so, said Johenning, even though I would gladly

have escaped the work. And now, to accuse me of having told a

falsehood in secure the month's service is rank injustice.

I lost money through neglect of my business, and there was

not a man on the jury who had anything to gain, other than to do

his duty as a citizen. If there are any persons who have made

affidavits that we did not do Frank justice, they have lied

outright.

Made No Statements.

I don't know anything about the affidavit but when I saw in

the papers, added Johenning. Solicitor Dorsey has not notified

me that there was any such affidavit. If there is one, it is

absolutely false.

I made no utterances before the trial that would disqualify

me for jury service. Friday before the case was called, I was

informed that I had been drawn as a talesman. I did not mention

that to anyone but my business partner, and that was for

business reasons.

I went to the trial absolutely impartial. My mind was

unprejudiced. I was in the attitude of demanding that the State

prove its case.

I would have gladly avoided serving that month on the jury,

and the only reason I did serve was because I did not want to lie

out of it.

As soon as I can see the affidavit, we will show that is

flimsier than the paper on which it is written.

Henslee's Friends Tell of Denial.

J. A. Henslee, a travelling salesman and second juror charged

with having been prejudiced, has moved to Barnesville since the

end of the Frank trial. However, his Atlanta friends Thursday

declared that he had made strenuous denials to them of the

accusation when became public some time ago.

The last doubt about the postponement was removed

following a statement of Solicitor Dorsey, who declared that it

would take him from new until Saturday and perhaps longer to

check up the brief of evidence alone.

The Solicitor added, however, that he would plunge into the

subject immediately with the view of preparing his answer at the

earliest possible moment. Although he refused to venture an

assertion as to the length of the delay, it is believed that the

hearing will be postponed longer than one week.

The judge has it in his power to proceed with the hearing

regardless of the many requests of the Solicitor or the defense

but it is certain that no

Continued on Page 2, Column 5.

PAGE 11, COLUMN 5

PREJUDICE

DENIED

BY FRANK

JURYMAN

Continued From Page 1.

such ruling will be invoked Saturday.

The motion has not been served on me, said Mr. Dorsey

Wednesday morning, but without regard to the amended motion,

it will take me from now until Saturday, even longer to check up

the brief of evidence alone.

The evidence is quite a bulky affair, as it is contained in

nine volumes, each one of which must be examined with the

utmost care.

Huge Task Checking Evidence.

Although it had been announced that the amended motion

would be placed in the Solicitor's hands Wednesday at noon, this

was found to be impossible because of the magnitude of the work

of checking up the evidence. Attorney Rosser's clerks worked all

the afternoon in an effort to get in to the Solicitor Thursday

morning. It probably will be in Mr. Dorsey's hands before noon

Thursday.

Exactly 115 instances are cited in the amended motion as

reasons why Leo Frank should be granted a new trial. Foremost

among these are citations charging that jury was influenced by

the various forms of popular clamor for the conviction of the

prisoner and alleging bias and prejudice against the defendant on

the part of two members of the jury, Henslee and Johenning.

On several different counts the court is attacked because of

its alleged fail clear the court room when the alleged prejudice of

the crowd was in evidence. Reference is made also to the jeering

laughter of part of the crowd when Attorney Arnold commented

on certain of the Solicitor's remarks.

Dorsey's Durant Speech Hit.

A large part of Solicitor Dorsey's speech, containing

reference to the California slapper. Durant, as well as others, also

is attacked on the grounds that it was over the protest of the

defense.

The motion, which will be placed in the Solicitor's hands

Thursday, is an amendment to the formal motion presented to the

court on the day Frank was sentenced to hang. The formal motion

was merely a skeleton affair and contained but the merest outline

of evidence contained in the complete papers.

The amended motion covers 173 closely typewritten pages

and goes into the most minute detail on various points wherein it

is alleged the court erred in not declaring a mistrial. That it will

take the Solicitor at least four or five days to prepare an answer is

regarded as certain.

Leo Frank Victim

of

Mob Rule, Says

Rabbi

SAVANNAH, Oct. 2"Rabbi George Soloman in his annual

New Year sermon to-day declared that Leo M. Frank was the

victim of mob rule and racial prejudice, and that the courts were

doing nothing but reflecting the sentiment of an excited populace.

Rabbi Solomon compared the case to the Godbee trial

wherein a woman directly guilty of a double slaying, was only

sentenced to life imprisonment whereas, he said. Frank, only

remotely connected, had been sentenced to hang. He blamed it

on the idle mob that crowded the court.

PAGE 6, COLUMNS 3 &

5

PAGE 6, COLUMN 3

FRANK TRIAL JUROR DENIES

PREJUDICE

PAGE 6, COLUMN 5

SOLICIT

OR

CERTAI

N

TO GET

DELAY

Dorsey Unable to

Prepare Data to

Fight New Trial

Motion by

Saturday.

With the prospect Thursday of a postponement of the

hearing of the Frank motion for a new trial when it comes up

Saturday, there came also the positive assurance that Solicitor

Dorsey would have absolute denials from the two jurors charged

with prejudice in the motion.

Marcus Johenning, No. 161 Jones avenue, one of the jurors,

declared Thursday that the accusation was a complete falsehood.

I served on that the jury because I did not want to try to be

out of doing so, said Johenning, even though I would gladly

have escaped the work. And now, to accuse me of having told a

falsehood in secure the month's service is rank injustice.

I lost money through neglect of my business, and there was

not a man on the jury who had anything to gain, other than to do

his duty as a citizen. If there are any persons who have made

affidavits that we did not do Frank justice, they have lied

outright.

Made No Statements.

I don't know anything about the affidavit but when I saw in

the papers, added Johenning. Solicitor Dorsey has not notified

me that there was any such affidavit. If there is one, it is

absolutely false.

I made no utterances before the trial that would disqualify

me for jury service. Friday before the case was called, I was

informed that I had been drawn as a talesman. I did not mention

that to anyone but my business partner, and that was for

business reasons.

I went to the trial absolutely impartial. My mind was

unprejudiced. I was in the attitude of demanding that the State

prove its case.

I would have gladly avoided serving that month on the jury,

and the only reason I did serve was because I did not want to lie

out of it.

As soon as I can see the affidavit, we will show that is

flimsier than the paper on which it is written.

Henslee's Friends Tell of Denial.

J. A. Henslee, a travelling salesman and second juror charged

with having been prejudiced, has moved to Barnesville since the

end of the Frank trial. However, his Atlanta friends Thursday

declared that he had made strenuous denials to them of the

accusation when became public some time ago.

The last doubt about the postponement was removed

following a statement of Solicitor Dorsey, who declared that it

would take him from new until Saturday and perhaps longer to

check up the brief of evidence alone.

The Solicitor added however, that he would plunge into the

subject immediately with the view of preparing his answer at the

earliest possible moment. Although he refused to venture an

assertion as to the length of the delay, it is believed that the

hearing will be postponed longer than one week.

The judge has it in his power to proceed with the hearing

regardless of the many requests of the Solicitor or the defense

but it is certain that no

Continued on Page 2, Column 5.

PAGE 11, COLUMN 5

PREJUDICE

DENIED

BY FRANK

JURYMAN

Continued From Page 1.

such ruling will be invoked Saturday.

The motion has not been served on me, said Mr. Dorsey

Wednesday morning, but without regard to the amended motion,

it will take me from now until Saturday, even longer to check up

the brief of evidence alone.

The evidence is quite a bulky affair, as it is contained in

nine volumes, each one of which must be examined with the

utmost care.

Huge Task Checking Evidence.

Although it had been announced that the amended motion

would be placed in the Solicitor's hands Wednesday at noon, this

was found to be impossible because of the magnitude of the work

of checking up the evidence. Attorney Rosser's clerks worked all

the afternoon in an effort to get in to the Solicitor Thursday

morning. It probably will be in Mr. Dorsey's hands before noon

Thursday.

Exactly 115 instances are cited in the amended motion as

reasons why Leo Frank should be granted a new trial. Foremost

among these are citations charging that jury was influenced by

the various forms of popular clamor for the conviction of the

prisoner and alleging bias and prejudice against the defendant on

the part of two members of the jury, Henslee and Johenning.

On several different counts the court is attacked because of

its alleged fail clear the court room when the alleged prejudice of

the crowd was in evidence. Reference is made also to the jeering

laughter of part of the crowd when Attorney Arnold commented

on certain of the Solicitor's remarks.

Dorsey's Durant Speech Hit.

A large part of Solicitor Dorsey's speech, containing

reference to the California slapper. Durant, as well as others, also

is attacked on the grounds that it was over the protest of the

defense.

The motion, which will be placed in the Solicitor's hands

Thursday, is an amendment to the formal motion presented to the

court on the day Frank was sentenced to hang. The formal motion

was merely a skeleton affair and contained but the merest outline

of evidence contained in the complete papers.

The amended motion covers 173 closely typewritten pages

and goes into the most minute detail on various points wherein it

is alleged the court erred in not declaring a mistrial. That it will

take the Solicitor at least four or five days to prepare an answer is

regarded as certain.

Leo Frank Victim

of

Mob Rule, Says

Rabbi

SAVANNAH, Oct. 2"Rabbi George Soloman in his annual

New Year sermon to-day declared that Leo M. Frank was the

victim of mob rule and racial prejudice, and that the courts were

doing nothing but reflecting the sentiment of an excited populace.

Rabbi Solomon compared the case to the Godbee trial

wherein a woman directly guilty of a double slaying, was only

sentenced to life imprisonment whereas, he said. Frank, only

remotely connected, had been sentenced to hang. He blamed it

on the idle mob that crowded the court.

PAGE 6, COLUMN 8

Slaton Sets

Days

For Clemency

Pleas

Governor Slaton has promulgated a rule that hereafter

petitions for clemency will be heard in the executive offices on

the fourth Thursday and Friday of each month.

The Governor is forced to the adoption of this rule in order to

find time for other public business.

PAGE 11, COLUMN 2

Detective Black

Has

Gun Duel With

Tiger'

Detective John Black had a narrow escape Wednesday night

when two bullets fired by Jim Mills, a negro, grazed his hat.

A duel took place under the Courtland street viaduct

between Black and the negro, who was charged with operating a

blind tiger. The struggle was brought to a conclusion by the

arrival of Official Milan, who pounced upon the negro's back.

PAGE 11, COLUMN 2

Policemen

Invited to Hear

Special Sermon

Many members of Atlanta's police department who are off

duty Sunday night will attend the Second Baptist Church in a

body, where the pastor Dr. John E. White, will deliver a special

sermon on A Policeman and His Duty.

The entire center section of the church will be reserved for

the policemen, who have been specially invited.

atlanta-georgian-10-02-

1913-full-pages-clipping-

#2 11, COLUMNS 3 & 4

TWO FRANK

JURORS

CHARGED

WITH BIAS

J. A.

HENSLEE

MARCELLUS

JOHENNING.