Thursday, 16th October 1913: Dorsey Back With New Affidavits More Delay In Appeal Fight Likely, The Atlanta Georgian

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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 allegations 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 16, COLUMN 5

FRANK HEARING IS POSTPONED BY DORSEY

Solicitor General Asks Delay Until Wednesday on Arguments for New Trial.

The hearing of arguments on a new trial for Leo M. Frank has

been postponed from Saturday until the following Wednesday.

Solicitor General Dorsey Thursday informed Reuben Arnold, of

counsel for the defense, that he could not possibly be prepared by

Saturday to go ahead with the arguments, but that he hoped to

be ready by Wednesday. The hearing accordingly was postponed

to that day.

The hearing originally was set for October 4, and was set

forward to October 11 at the request of the Solicitor. When it

became apparent to Dorsey that he would not be able to review

the voluminous reasons submitted upon he was granted another

week's time. The postponement agreed upon Thursday is,

therefore the third.

Owing to the delay of an express package from Valdosta,

containing many of the records and practically all of the

transcription of testimony taken at the trial, the Solicitor was

unable to hold the conference Thursday morning with

representatives of the defense for the purpose of coming to an

agreement upon minor revisions in the brief of evidence prepared

by Frank's lawyers.

Dorsey notified the defense that he would meet them as

soon as the package arrived, and that he anticipated that the

corrections would require only a few minutes time.

Frank's lawyers are prepared to go before Judge Roan at any

time with their arguments for a new trial. They have built up what

they regard as a very strong case against Juror A. N. Henslee, who

they charge with extreme bias and prejudice. Solicitor Dorsey will

not say what he has found in regard to Henslee.