Friday, 10th October 1913: Hawthorne Ready To Leave Prison, The Atlanta Georgian

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Author, Unembittered,

Expected

To Write About

Injustices of

U. S. Penal System.

Julian Hawthorne is preparing to leave the Atlanta Federal

Prison October 15, the date of the expiration of his sentence with

good time deducted.

Hawthorne, whose attitude since his incarceration has

generally been one of reserve and reticence, desires to go from

the prison without any notice or publicity, and for this reason the

prison officials are maintaining the utmost secrecy as to the exact

time of the day that he will leave the grim building which has held

him nearly a year.

The distinguished author is said not to have been embittered

in the least by his experience inside prison walls. He has,

however, given deep thought to some of the injustices of

America's penal system, and it is expected that much of his

writing of the future will be colored by the impressions and the

conclusions formed during the period of his imprisonment.

He naturally was cast down for a time when the

recommendation for his parole was turned down by Attorney

General McReynolds, but of late he has been particularly happy

and cheerful in the prospect of his early return to freedom. He has

been permitted to walk about the prison inclosure as many hours

as the prison regulations allow, and he will go forth next

Wednesday in unusually good health.

PAGE 8, COLUMN 4

35 ASK NEW

SEATS

ON ATLANTA

BENCH

Five To Be Chosen

When Appeals

Court Settles

Frank Case

and Hill

Retires.

The five judges for the municipal court created by the last

Legislature will be named by the four Superior Court judges just

as soon as Judge Ben Hill, now of the Court of Appeals, takes his

place on the county bench. Judge Hill will resign from the Court of

Appeals immediately after the disposition for the Frank case.

These facts became known Friday.

Judge George L. Bell, one of the four Superior Court judges

who will make the appointments, declared Friday that 35

applicants are in the field for the new judgeships.

As only five men are to be selected from this number, said

Judge Bell, and as all of the applicants are men who no doubt

would make good judges, it is obvious that we face rather a hard

problem. However, I expect the appointments to be made soon

after Judge Hill takes his place on the bench. The appointments

will be sent to the Governor, who will pass on them and then

name a chief judge from the number.

Among the prominent applicants for the new judgeships are

L. F. McClelland, Judge Edgar H. Orr and Judge F. M. Powers, of the

present justice courts: Walter R. Daly, James B. Ridley, T.O.

Hathcock, Don K. Johnston and Eugen Thomas.

The new court also require the appointment of a chief

marshal and a clerk. John D. Steward, T. C. Miller and Clarke Lewis

are being mentioned for the clerkship.

PAGE 8, COLUMN 5

FRANK

CHEERFUL

ON DATE

ONCE

SET FOR

END

Prisoner Helps

Lawyers in Fight

for New Trial"

Dorsey

Works

Hard.

Undisturbed by the thought that if his sentence had not been

stayed by the appeal of his attorneys for a new trial he would

some time during the day pay out his life on the gallows, Leo M.

Frank sat in his cell in the Tower Friday, lousily and cheerfully

engaged in working on a number of details of his greatly involved

case.

Frank was convicted of murder August 25. On August 26 he

was sentenced by Judge L. S. Roan to be hanged October 10. The

hearing of his attorneys' motion for a new trial was set for

October 4, but the vast amount of work necessary in the

preparation of the arguments led to a request by Solicitor Dorsey

for more time. A week's delay was granted by Judge Roan, with

the understanding that he would extend the time still further it

desired.

Hearing October 18.

Solicitor Dorsey and his assistant, A. E. Stephens, secluded

themselves in Valdosta, where they would be insured against

interruptions, and began their review of the 115 reasons for a

new trial submitted by the defense. Within a few days they saw

that they could not complete their work by Saturday of this week

and possibly not in time for a hearing on the following Saturday.

Another request for more time was granted by Judge Roan. The

hearing will take place October 18, in all probability, unless the

Solicitor is unable to conclude his preparation by that time.

In the meantime, Frank's execution set for to-day, has been

indefinitely postponed. The prisoner continues to entertain full

confidence of ultimate acquittal. His only utterance has been that

he was unjustly convicted by a jury that was swayed by influences

outside the evidence.

Frank Aids Lawyers.

He is taking a most active interest in the movements in his

behalf, and is himself assisting the attorneys materially along

certain lines. He is visited constantly by his relatives and friends,

and is maintaining the same optimistic demeanor that has

marked his bearing voice since he was first taken to the Tower.

Frank's counsel are centering their efforts at present upon

an investigation of prejudice and bias which have been alleged

against a number of the jurors in the case. They believe they have

irrefutable evidence against A. H. Henslee and Marcellus

Johanneing, and they have depositions indicating bias against two

other jurors which will probably be fled before the hearing on the

new trial.

A letter received in Atlanta Thursday from Solicitor Dorsey

made certain the postponement of arguments for a new trial for

Leo M. Frank, which were to have been heard Saturday by Judge

Roan.

The letter intimated that the Solicitor and his assistant, A. E.

Stephens, who are now in Valdosta would not return to this city

before next Wednesday or Thursday. Mr. Dorsey requested that

Judge Roan be asked to postpone, in addition to the Frank

arguments, hearings on Five other motions which scheduled for

Saturday. This will clean the Sophens, who are now in Valdosta,

necessitate his return.

Defense Doesn't Object.

The postponement is wholly within the discretion of Judge

Roan, and the defense would interpose no objection in all

probability even if it did not entirely suit their wishes. It is

understood, however, that Frank's lawyers are satisfied with the

delay, as it affords them time to obtain additional evidence of

reported bias on the part of A. H. Henslee, Marcellus Johenning

and one or two other Frank jurors.

The Solicitor, who, with his assistant, A. E. Stephens, has

been going over the voluminous amended motion of the defense

with its 115 reasons for a new trial since its filling last week by

Frank's lawyers, refuses to discuss the case except to express his

confidence that a new trial will be denied. He stands firmly by his

original declaration that the defense is without adequate grounds

to ask for a new trial.

PAGE 10, COLUMN 3

35 ASK NEW

SEATS

ON ATLANTA

BENCH

Five To Be Chosen

When Appeals

Court Settles

Frank Case

and Hill

Retires.

The five judges for the municipal court created by the last

Legislature will be named by the four Superior Court judges just

as soon as Judge Ben Hill, now of the Court of Appeals, takes his

place on the county bench. Judge Hill will resign from the Court of

Appeals immediately after the disposition for the Frank case.

These facts became known Friday.

Judge George L. Bell, one of the four Superior Court judges

who will make the appointments, declared Friday that 35

applicants are in the field for the new judgeships.

As only five men are to be selected from this number, said

Judge Bell, and as all of the applicants are men who no doubt

would make good judges, it is obvious that we face rather a hard

problem. However, I expect the appointments to be made soon

after Judge Hill takes his place on the bench. The appointments

will be sent to the Governor, who will pass on them and then

name a chief judge from the number.

Among the prominent applicants for the new judgeships are

L. F. McClelland, Judge Edgar H. Orr and Judge F. M. Powers, of the

present justice courts: Walter R. Daly, James B. Ridley, T.O.

Hathcock, Don K. Johnston and Eugen Thomas.

The new court also require the appointment of a chief

marshal and a clerk. John D. Steward, T. C. Miller and Clarke Lewis

are being mentioned for the clerkship.

PAGE 12, COLUMN 1

POSTPONEM

ENT

IN FRANK

CASE

MADE

CERTAIN

Letter From Dorsey

Requests

Judge Roan to Let

Argu-

ments Go

Over.

A letter received in Atlanta Thursday from Solicitor Dorsey

made certain the postponement of arguments for a new trial for

Leo M. Frank, which were to have been heard Saturday by Judge

Roan.

The letter intimated that the Solicitor and his assistant, A. E.

Stephens, who are now in Valdosta would not return to this city

before next Wednesday or Thursday. Mr. Dorsey requested that

Judge Roan be asked to postpone, in addition to the Frank

arguments, hearings on Five other motions which scheduled for

Saturday. This will clean the Sophens, who are now in Valdosta,

necessitate his return.

Defense Doesn't Object.

The postponement is wholly within the discretion of Judge

Roan, and the defense would interpose no objection in all

probability even if it did not entirely suit their wishes. It is

understood, however, that Frank's lawyers are satisfied with the

delay, as it affords them time to obtain additional evidence of

reported bias on the part of A. H. Henslee, Marcellus Johenning

and one or two other Frank jurors.

The Solicitor, who, with his assistant, A. E. Stephens, has

been going over the voluminous amended motion of the defense

with its 115 reasons for a new trial since its filling last week by

Frank's lawyers, refuses to discuss the case except to express his

confidence that a new trial will be denied. He stands firmly by his

original declaration that the defense is without adequate grounds

to ask for a new trial.

He and Attorney Stephens, isolating themselves in Valdosta,

where they will not be interrupted by office visitors, have given

their entire time to the preparation of their argument against any

movement which will reopen the sensational murder case. While

the hearing before Judge Roan, set originally for October 4, will

have few of the spectacular features that marked the trial of

Frank, the lawyers are making ready for a titanic struggle.

Dorse is Determined.

The Solicitor is determined that the verdict of guilty shall

stand. He is using every means to stave off what he regards as

the remote possibility of reversal of the verdict that brought the

death sentence to the defendant.

Solicitor Dorsey prepared his request Wednesday for a delay

of another week in the hearing. Judge Roan already had made

known his willingness to extend the time if it was needed by the

Solicitor. When he learned that Dorsey would not be ready next

Saturday he promptly announced that the delay would be granted

in accordance with his promise.

While the Solicitor is busily engaged reviewing the reasons

of the defense, Frank's lawyers are seeking more witnesses who

are said to have heard Henslee and other jurors make remarks

before the trial indicating their violent prejudice.

PAGE 14, COLUMN 2

HAWTHORNE

READY

TO LEAVE

PRISON

Author, Unembittered,

Expected

To Write About

Injustices of

U. S. Penal System.

Julian Hawthorne is preparing to leave the Atlanta Federal

Prison October 15, the date of the expiration of his sentence with

good time deducted.

Hawthorne, whose attitude since his incarceration has

generally been one of reserve and reticence, desires to go from

the prison without any notice or publicity, and for this reason the

prison officials are maintaining the utmost secrecy as to the exact

time of the day that he will leave the grim building which has held

him nearly a year.

The distinguished author is said not to have been embittered

in the least by his experience inside prison walls. He has,

however, given deep thought to some of the injustices of

America's penal system, and it is expected that much of his

writing of the future will be colored by the impressions and the

conclusions formed during the period of his imprisonment.

He naturally was cast down for a time when the

recommendation for his parole was turned down by Attorney

General McReynolds, but of late he has been particularly happy

and cheerful in the prospect of his early return to freedom. He has

been permitted to walk about the prison inclosure as many hours

as the prison regulations allow, and he will go forth next

Wednesday in unusually good health.

PAGE 14, COLUMN 6

FRANK

CHEERFUL

ON DATE

ONCE

SET FOR

END

Prisoner Helps

Lawyers in Fight

for New Trial"

Dorsey

Works

Hard.

Undisturbed by the thought that if his sentence had not been

stayed by the appeal of his attorneys for a new trial he would

some time during the day pay out his life on the gallows, Leo M.

Frank sat in his cell in the Tower Friday, lousily and cheerfully

engaged in working on a number of details of his greatly involved

case.

Frank was convicted of murder August 25. On August 26 he

was sentenced by Judge L. S. Roan to be hanged October 10. The

hearing of his attorneys' motion for a new trial was set for

October 4, but the vast amount of work necessary in the

preparation of the arguments led to a request by Solicitor Dorsey

for more time. A week's delay was granted by Judge Roan, with

the understanding that he would extend the time still further it

desired.

Hearing October 18.

Solicitor Dorsey and his assistant, A. E. Stephens, secluded

themselves in Valdosta, where they would be insured against

interruptions, and began their review of the 115 reasons for a

new trial submitted by the defense. Within a few days they saw

that they could not complete their work by Saturday of this week

and possibly not in time for a hearing on the following Saturday.

Another request for more time was granted by Judge Roan. The

hearing will take place October 18, in all probability, unless the

Solicitor is unable to conclude his preparation by that time.

In the meantime, Frank's execution set for to-day, has been

indefinitely postponed. The prisoner continues to entertain full

confidence of ultimate acquittal. His only utterance has been that

he was unjustly convicted by a jury that was swayed by influences

outside the evidence.

Frank Aids Lawyers.

He is taking a most active interest in the movements in his

behalf, and is himself assisting the attorneys materially along

certain lines. He is visited constantly by his relatives and friends,

and is maintaining the same optimistic demeanor that has

marked his bearing voice since he was first taken to the Tower.

Frank's counsel are centering their efforts at present upon

an investigation of prejudice and bias which have been alleged

against a number of the jurors in the case. They believe they have

irrefutable evidence against A. H. Henslee and Marcellus

Johanneing, and they have depositions indicating bias against two

other jurors which will probably be fled before the hearing on the

new trial.

A letter received in Atlanta Thursday from Solicitor Dorsey

made certain the postponement of arguments for a new trial for

Leo M. Frank, which were to have been heard Saturday by Judge

Roan.

The letter intimated that the Solicitor and his assistant, A. E.

Stephens, who are now in Valdosta would not return to this city

before next Wednesday or Thursday. Mr. Dorsey requested that

Judge Roan be asked to postpone, in addition to the Frank

arguments, hearings on Five other motions which scheduled for

Saturday. This will clean the Sophens, who are now in Valdosta,

necessitate his return.

Defense Doesn't Object.

The postponement is wholly within the discretion of Judge

Roan, and the defense would interpose no objection in all

probability even if it did not entirely suit their wishes. It is

understood, however, that Frank's lawyers are satisfied with the

delay, as it affords them time to obtain additional evidence of

reported bias on the part of A. H. Henslee, Marcellus Johenning

and one or two other Frank jurors.

The Solicitor, who, with his assistant, A. E. Stephens, has

been going over the voluminous amended motion of the defense

with its 115 reasons for a new trial since its filling last week by

Frank's lawyers, refuses to discuss the case except to express his

confidence that a new trial will be denied. He stands firmly by his

original declaration that the defense is without adequate grounds

to ask for a new trial.

PAGE 15, COLUMN 1

FRANK

LAWYERS

TO FILE

MORE

DEPOSITION

S

Another Juror May Be

Charged

With Bias"Accused

Cheer-

ful, Aiding Counsel.

Counsel for Leo M. Frank made ready Friday to file further

depositions to support their arguments for a new trial which will

be made Saturday, October 18, before Judge L. S. Roan. It is

understood the name of at least one more juror, in no to A. H.

Henslee and Marcellus Johenning, will be mentioned in the

affidavits as guilty or prejudice.

Frank's lawyers say they have uncovered what they regard

as practically conclusive evidence of violent dislike and bias on

the part of a third juror.

Several depositions are expected to be filed respecting this

juror. Others have been obtained to strengthen the charge of

prejudice on the part of Henslee and Johenning.

Still others bear on the demonstrations that took place inside

and outside the courtroom during the trial, by which, the defense

alleges, the members of the jury might have been intimidated.

Frank is Cheerful.

Undisturbed by the thought that if his sentence had not been

stayed by the appeal of his attorneys for a new trial, he would

some time during the day pay out his life on the gallows, Frank

sat in his sell in the Tower Friday, busily and cheerfully engaged

in working on a number of the details of his greatly involved case.

Frank was convicted of murder August 25. On August 26, he

was sentenced by Judge L. S. Roan to be hanged October 10. The

hearing of his attorneys' motion for a new trial was set for

October 4, but the vast amount of work necessary in the

preparation of the arguments led to a request by Solicitor Dorsey

for more time. A week's delay was granted by Judge Roan, with

the understanding that he would extend the time still farther it

desired.

Hearing October 18.

Solicitor Dorsey and his assistant, A. E. Stephens, secluded

themselves in Valdosta, where they would be insured against

interruptions, and began their review of the 115 reasons for a

new trial submitted by the defense. Within a few days they saw

that they could not complete their work by Saturday of this week

and possibly not in time for a hearing on the following Saturday.

Another request for more time was granted by Judge Roan. The

hearing will take place October 18, in all probability, unless the

Solicitor is unable to conclude his preparation by that time.

In the meantime, Frank's execution set for to-day, has been

indefinitely postponed. The prisoner continues to entertain full

confidence of ultimate acquittal. His only utterance has been that

he was unjustly convicted by a jury that was swayed by influences

outside the evidence.

Frank Aids Lawyers.

He is taking a most active interest in the movements in his

behalf, and is himself assisting the attorneys materially along

certain lines. He is visited constantly by his relatives and friends,

and is maintaining the same optimistic demeanor that has

marked his bearing voice since he was first taken to the Tower.

PAGE 24, COLUMN 4

HAWTHORNE

READY

TO LEAVE

PRISON

Author, Unembittered,

Expected

To Write About

Injustices of

U. S. Penal System.

Julian Hawthorne is preparing to leave the Atlanta Federal

Prison October 15, the date of the expiration of his sentence with

good time deducted.

Hawthorne, whose attitude since his incarceration has

generally been one of reserve and reticence, desires to go from

the prison without any notice or publicity, and for this reason the

prison officials are maintaining the utmost secrecy as to the exact

time of the day that he will leave the grim building which has held

him nearly a year.

The distinguished author is said not to have been embittered

in the least by his experience inside prison walls. He has,

however, given deep thought to some of the injustices of

America's penal system, and it is expected that much of his

writing of the future will be colored by the impressions and the

conclusions formed during the period of his imprisonment.

He naturally was cast down for a time when the

recommendation for his parole was turned down by Attorney

General McReynolds, but of late he has been particularly happy

and cheerful in the prospect of his early return to freedom. He has

been permitted to walk about the prison inclosure as many hours

as the prison regulations allow, and he will go forth next

Wednesday in unusually good health.