Wednesday, 15th October 1913: Dorsey Gathers Proof Against Bias Charges, The Atlanta Georgian

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Equips Himself for Bitter Fight Against New Trial Demand of Frank's Lawyers.

Armed with affidavits from A. H. Henslee and every other

member of the Frank jury whose fairness has been placed under

suspicion, Solicitor General Hugh M. Dorsey will return to Atlanta

Tuesday night to continue the preparation of his answer to the

motion for a new trial made by Frank's lawyers.

With his assistant, A. W. Stephens, the Solicitor has been

working day and night on the monumental task of reviewing the

hundreds of pages of typewritten manuscript submitted by the

defense in the elaboration of their 115 reasons for a new trial. The

work remaining to be done the Solicitor believes can be

accomplished most effectively in his Atlanta office. He may ask

for another week's postponement of the hearing on the motion.

Dorsey has equipped himself to make a bitter fight upon the

charges of prejudice made by Frank's lawyers against Henslee,

Marcellus, Johenning and other jurors. He anticipates that the

defense with lay greatest stress on this allegation and appreciates

that if they are able to establish any degree of bias on the part of

any of the jurors they will at once have a most important

advantage, possibly sufficient to win a new trial.

Henslee Denies Prejudice.

Henslee's affidavits deny categorically and emphatically

every separate charge of biased utterances that has been made

against him. They go into considerable detail in accounting for his

movements before and after the trial to support Henslee's

declaration that he expressed his belief in Frank's guilt after the

trial was over and not before it took place. He asserts that he had

no prejudice against Frank when he was drawn as a juror, but

that, in common with the other eleven jurors, he believed firmly in

his guilt after the evidence was in, and has so declared himself in

making his trips about the State since the conclusion of the trial.

Henslee's depositions will be backed up by sworn statements

of acquaintances, who will testify to his good character, his

reputation for truthfulness and his trustworthiness. The same

procedure has been followed by the Solicitor in respect to every

other juror. While he will not give out the contents of the

affidavits, he has expressed his confidence in his ability to show

that the defense has no ground upon which to charge bias and

prejudice against any of the jurors.

Frank Lawyers Also Active.

While Dorsey has been reviewing section by section the

defense's amended motion for a new trial. Frank's lawyers have

been fortifying themselves more securely in their contention of

bias and prejudice on the part of Henslee and other jurors. They

have the testimony of leading citizens in several cities of the

State to the effect that Henslee declared to them before the trial

that Frank was guilty and that his neck should be broken. The

depositions of these men have been bulwarked by a secondary

line of affidavits attesting to the good character, reputation and

trustworthiness of the originally affiants.

The attorneys for the defense feel assured that they have an

overwhelming mass of evidence showing prejudice, and that they,

therefore, must be granted a new trial.

PAGE 17, COLUMN 1

DORSEY BACK WITH NEW AFFIDAVITS MORE DELAY IN APPEAL FIGHT LIKELY

Solicitor General Dorsey entered at once into the fight to

prevent a new trial for Leo M. Frank on his return to Atlanta

Wednesday morning. He came to this city to complete his

preparation for the arguments set for hearing next Saturday

before Judge L. S. Roan. For a week and a half, he had been

working almost continually on the case in Valdosta, where he

went with his assistant. A. E. Stephens, to avoid interruption.

The Solicitor was immersed Wednesday in a flood of letters

and court documents that had accumulated during his absence.

He was fearful that he would be unable to complete his

preparations in time for the hearing Saturday, the indications

being that a further delay would be asked until Wednesday or

Saturday of next week.

He made arrangements soon after his return for a

conference with the attorneys for the defense to whom he

expected to suggest certain changes in the brief of evidence

before it was brought into court.

Will Require More Time.

These changes if agreed upon will require some time to

complete and the Solicitor also has yet to follow up several lines

of investigation which the alls of the defense have compelled him

to look into.

Dorsey returned to the city with a sheaf of affidavits relating

to the alleged bias of Jurors Henslee and Johenning, but he has

still a number of persons to interview on this matter which is

being given extraordinary stress by the defense. The Solicitor

would not say whether he had found any grounds for the charges

of prejudice against the jurors, but the energetic manner with

which he plunged into the case on his return appeared to indicate

that he was preparing to combat every reason and every

allegation advanced by the defense.

The large number of affidavits obtained by the defense was

complicated the work of the Solicitor. Frank's lawyers not only

obtained depositions charging that Henslee and other jurors had

expressed their belief in Frank's guilt before the trial took place,

but they rounded up scores of other leading citizens to testify to

the trust worthiness and veracity of the original affiants.

It is believed that the Solicitor, if he pursues the thorough-

going policy that marked his conduct of the Frank trial, will

investigate the character and reputation of practically every man

who has made a sworn statement before he goes into court to

argue the question of a new trial.

Will Not Make Forecast.

Solicitor Dorsey would not express his opinion Wednesday as

to the probably outcome of the argument for a new trial, except

to say that he was well satisfied with the work he had been able

to accomplish while in Valdosta, where he went so as not to be

subjected to the usual office interruptions. He is still working on

the charges of bias against Henslee, but would not disclose the

results of his investigation.

Frank's lawyers have been ready to go ahead with the

hearing for some time, but during the delay necessitated by the

Solicitor's review of their reasons they have continued in their

investigation of Henslee's attitude toward rank prior to the trial

and claim to have uncovered a great deal more evidence of his

bias and prejudice against the defendant.

They assert that on Henslee's remarks before the trial a new

trial should be granted without the necessity of producing any

other reasons. They are confident they will win in their fight.

PAGE 22, COLUMN 1

DORSEY BACK WITH NEW AFFIDAVITS; MORE DELAY IN APPEAL FIGHT LIKELY

Solicitor General Dorsey entered at once into the fight to

prevent a new trial for Leo M. Frank on his return to Atlanta

Wednesday morning. He came to this city to complete his

preparation for the arguments set for hearing next Saturday

before Judge L. S. Roan. For a week and a half, he had been

working almost continually on the case in Valdosta, where he

went with his assistant. A. E. Stephens, to avoid interruption.

The Solicitor was immersed Wednesday in a flood of letters

and court documents that had accumulated during his absence.

He was fearful that he would be unable to complete his

preparations in time for the hearing Saturday, the indications

being that a further delay would be asked until Wednesday or

Saturday of next week.

He made arrangements soon after his return for a

conference with the attorneys for the defense to whom he

expected to suggest certain changes in the brief of evidence

before it was brought into court.

Will Require More Time.

These changes if agreed upon will require some time to

complete and the Solicitor also has yet to follow up several lines

of investigation which the alls of the defense have compelled him

to look into.

Dorsey returned to the city with a sheaf of affidavits relating

to the alleged bias of Jurors Henslee and Johenning, but he has

still a number of persons to interview on this matter which is

being given extraordinary stress by the defense. The Solicitor

would not say whether he had found any grounds for the charges

of prejudice against the jurors, but the energetic manner with

which he plunged into the case on his return appeared to indicate

that he was preparing to combat every reason and every

allegation advanced by the defense.

The large number of affidavits obtained by the defense was

complicated the work of the Solicitor. Frank's lawyers not only

obtained depositions charging that Henslee and other jurors had

expressed their belief in Frank's guilt before the trial took place,

but they rounded up scores of other leading citizens to testify to

the trust worthiness and veracity of the original affiants.

It is believed that the Solicitor, if he pursues the thorough-

going policy that marked his conduct of the Frank trial, will

investigate the character and reputation of practically every man

who has made a sworn statement before he goes into court to

argue the question of a new trial.

Will Not Make Forecast.

Solicitor Dorsey would not express his opinion Wednesday as

to the probably outcome of the argument for a new trial, except

to say that he was well satisfied with the work he had been able

to accomplish while in Valdosta, where he went so as not to be

subjected to the usual office interruptions. He is still working on

the charges of bias against Henslee, but would not disclose the

results of his investigation.

Frank's lawyers have been ready to go ahead with the

hearing for some time, but during the delay necessitated by the

Solicitor's review of their reasons they have continued in their

investigation of Henslee's attitude toward rank prior to the trial

and claim to have uncovered a great deal more evidence of his

bias and prejudice against the defendant.

They assert that on Henslee's remarks before the trial a new

trial should be granted without the necessity of producing any

other reasons. They are confident they will win in their fight.