Sunday, 19th October 1913: Frank To Fight On Wednesday For New Trial, The Atlanta Georgian

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Charges of Bias Against Jurors Will Play Leading Part In Arguments.

DEFENSE OPPOSES DELAY

Judge Roan and Solicitor Dorsey Also Urge HasteState Has Big Task.

The way was cleared Saturday for the actual beginning of

the fight over the motion to give Leo M. Frank, convicted of the

murder of Mary Phagan, a new trial. The battle will open before

Judge Roan Wednesday with both sides primed for a vigorous

contest in which charges against jurors accused of bias will play a

large part.

The defense, headed by Luther Z. Rosser, relies in large part

on the evidence showing that Juror A. H. Henslee expressed

violent animus to Frank before the trial opened, winning a new

trial for the prisoner. Scores of affidavits will be introduced to

uphold the character of the witnesses who swear that Henslee

said he was sure Frank was guilty and would like to see him

hanged.

On the other hand, the State will be prepared to assail a

number of these witnesses, and will try to show through Henslee

himself that the sentiments against Frank were expressed after

the trial.

Will Exchange All Papers.

Wednesday, as had been announced in Georgian, was

formally fixed for the opening of the arguments by Judge Roan

Saturday. At the same time the defense and State agreed to

exchange all new papers in the case. A number of important

documents, it is said, have not yet been made public.

In the discussion of the case Mr. Rosser made the offer to

exchange all new affidavits for the new papers in possession of

the State, and Solicitor Dorsey agreed.

While declaring that delay undoubtedly would benefit their

client, Luther Rosser, for the defense, urged that the motion be

brought to a speedy hearing.

He pointed out that he had been neglecting his civil business

for the Frank case, and said that if the fight over the new motion

were not disposed of by Monday a week he would have to ask

that it be put over so that he could take up some of his other

work.

Judge Roan Urges Haste.

If that was impossible, he wanted the case to be put over

until December.

Judge Roan interrupted with the remark that he was anxious

to pass on the case as quickly as possible, and would be against

any delay until December, and the same sentiments were

expressed by Solicitor Dorsey.

The Solicitor pointed out that he had given every moment of

his time to preparing his answer to the lengthy plea filed by the

defense, and that he would continue to do everything toward

hastening the hearing.

Dorsey and Leonard Haas, of counsel for the defense, began

Friday a review of the record of the case to check up on all the

evidence briefed by Frank's lawyers. Due to pressure of other

business, Mr. Haas was unable to continue the work Saturday, but

arranged to resume the conference Monday morning at 9 o'clock.

Sixty pages of the 400 were gone over the first afternoon,

minor alterations and additions being made at the suggestion of

the Solicitor. Practically all of the of the remaining time before the

hearing will be occupied in this work, and it is problematical if it

will be concluded satisfactorily by Wednesday.

PAGE 4, COLUMN 7

NEW WITNESS SAYS HE KNOWS PHAGAN

MURDERER;

CLEARS FRANK AND ACCUSES AN

ATLANTA MERCHANT

ARREST OF THE

MAN

ACCUSED BY

WITNESS

IS EXPECTED

TO-DAY

Man Making Statement to

Birming-

Ham Person Is White

and Declares

He Was Given Money to

Leave

Atlanta and Keep His

Knowledge

of the Crime to Himself.

A man who claims to have complete knowledge of the

murder of Mary Phagan is now in the hands of the Atlanta police

authorities, according to a startling story which reached the city

at mid-night last night.

This man, whose name is said to be Fisk, an Atlantan,

positively declares, according to the story, that Leo M. Frank had

no part in the murder of Mary Phagan. He further declares crime

was committed by another Atlanta business man equally as

prominent as Frank. This man, it is further declared, will be

arrested to-day.

According to his story, this man declares he long withheld

his knowledge of the affair in the belief that Frank would not be

convicted. He declared further that he had been a sum of money

to leave Atlanta and hold his tongue. However, he says he could

withhold his information no longer, and consequently he went to

Chief of Police Bodekar of Birmingham and told that official the

entire story.

WITNESS MAKES FULL STATEMENT.

Chief Bodeker was impressed at the beginning by the man's

story. Chief Bodeker communicated with Ben M. Jacobs, an officer

of the B'nai Brith of Birmingham, who in turn communicated with

Atlanta police. Detectives are said to have gone immediately to

Birmingham, and a conference was held in which Mr. Jacobs, Chief

Bodeker and the new witness were participants.

The conference was in strict secrecy, and no hint of what

was revealed was allowed to escape. It is said, however, that the

new witness made a full statement and agreed to go to Atlanta

and take the witness stand.

According to the reports from Birmingham, he is either now

in Atlanta, held under strict secrecy, or is on his way to this city.

VOLUNTARY, SAYS CHIEF.

Chief of Police George H. Bodeker, of Birmingham, over the

long distance telephone early this morning declared that the

confession of the mysterious witness in the Frank case was made

to him absolutely voluntarily.

He came into my office Friday night, declared the chief,

and said that he wanted to tell me something that had been

weighting on his mind. He declared that he knew the man who

killed Mary Phagan and that the man wasn't Leo Frank.

He then went at length into his story which we agreed not

to give out until the matter was in the hands of the Atlanta

officers. He did not say that he saw the murder. He did say that

he had positive proof, against the real murderer.

I don't know whether to believe his story or not. He tells it

straight enough, however. But I will say this, if history stands up,

Leo Frank will be a free man in a few days. And there will be a

prominent Atlanta man in a mighty bad fix.

Accused is Prominent.

The man he accused is a prominent merchant of Atlanta,

according to the statement of the witness I immediately

communicated with Friends of Frank here, and they got the man's

comment to go to Atlanta and tell his story. I saw to it that he left

Saturday night in charge of a Birmingham officer, and then I was

through with the case. It wasn't mine, anyhow.

Chief Bodeker was asked the name of the witness.

Wait till he gets to Atlanta, he replied. We agreed not to

give it out at this end.

Is his name Fisk? he was asked.

Well, that's something like it. Said the chief.

Maximum Heard Nothing.

Sheriff Mangum last night professed to have heard nothing

in regard to the mysterious informant except as he had learned of

the incident from the newspaper men. It was reported, however,

that it was a deputy from the Sheriff's office, who was sent to

Birmingham to return with the man.

The first I knew of such a thing place, said Mangum, was

when someone called me on the telephone to ask me about it. I

did not even know what they were hunting for a man who was

supposed to have witnessed the crime. I have been making

inquiries since, but I have learned nothing definite. I suppose they

will bring him to the Tower if he is under arrest.

Arnold Pleads Ignorance.

Reuben R. Arnold, of counsel for Frank, said that he was

taken entirely by surprise by the startling story. He denied that he

had any intimation that such a person existed as the one who is

said to have walked in,

PAGE 7, COLUMN 1

NEW

WITNESS

SAYS

FRANK

IS

INNOCENT

(Continued from Page 1.)

Upon Chief Bodecker and calmly announced that he was a witness

to the slaying of Mary Phagan. Neither had Mr. Arnold been aware

that the detectives or any of Frank's friends had been working on

a clew of this sort, he said.

Chief of Detective Lanford denied knowledge of the reported

confession in Birmingham when aroused at his home early

Sunday morning. The Chief stated that no men from the Atlanta

police department had been sent to Birmingham recently that he

knew of, and that he knew of no communications having been

received in the department from Chief Bodecker, of the Alabama

city, on this subject.

It's all news to me, the Chief said when informed of the

Birmingham report. I don't know anything about it. If a man over

there said he witnessed the murder of the little Phagan girl, it

hasn't been reported to the Atlanta police that I know of.

Beavers Denies Knowledge.

Chief of Police James L. Beavers professed dance of the

reported confession to the Birmingham police.

I have received no message from Chief Bodeker, he said,

and know nothing of any development of the Phagan case in

Birmingham. I have not had a detective there working on any

clews, and if the Birmingham chief has found a man who saw the

murder he has not yet notified the Atlanta police.

Luther Rosser, attorney for Frank had retired when he was

informed of the story from Birmingham. Mr. Rosser declared he

knew absolutely nothing about the affair. He refused to be

quoted.

Both Sides Will Be

Ready

For Frank Plea

Wednesday

With prosecution and defense rushing their preparations to a

conclusion, the prospects Saturday were that all concerned would

be ready for the arguments on a new trial for Leo M. Frank, which

is set for next Wednesday before Judge L. S. Roan.

Solicitor Dorsey has asked Attorney Rosser for copies of all

the new affidavits taken by him since he filed the motion. Mr.

Rosser replied by saying that would turn over such documents if

the Solicitor would in turn supply him with copies of all affidavits

secured by the State since this time. It was agreed that the

exchange should occur Monday morning.

The Solicitor's assistants, while he is engaged in suggesting

additions to the brief evidence, will be finishing up the

investigation into the defense's charges of bias against Jurors A.

H. Henslee and Marcellus Johenning. The latter has made a denial

even more vigorous and absolute than that of Henslee's.

Juror Sure of Acquittal.

Johenning appears to have no fear that he will be cleared of

the accusations of being prejudiced against Frank before he was

called into the jury box.

The persistent rumor, current since the charges against

Henslee and Johenning, that a third juror had been accused, is

also being investigated by the State's counsel. The report has

been that attorneys for Frank have affidavits which name a third

juror. However, nothing so far has become public which warrants

this report.

Solicitor Dorsey has gone carefully into the life and character

of every person who has made an affidavit for the defense

charging Henslee and Johenning with prejudice. It has been hinted

that the Solicitor will spring some surprises when he makes the

depositions public at the hearing on Wednesday.

He is understood to be confident that he can free both

Henslee and Johenning from the accusations against them, in

which case Frank's lawyers will be forced to rely on their other

reason to obtain a new trial.

Other Contentions of Defense.

That they would not be at all unwilling to rest their chances

for a new trial on almost any one of their reasons if it were

necessary, counsel for the defense have indicated repeatedly.

They feel that the alleged prejudice of the two jurors is sufficient

in itself to warrant the granting of a new trial.

Both sides have a number of affidavits which they have not

exchanged or made public. These are said to be some of the most

important obtained and are expected to play a large part in the

decision at which Judge Roan will arrive.

PAGE 7, COLUMN 7

Recorder

Preston

Scored by

Lawyer

Police Judge Either

Ignorant of Law

or Disregards It, Declares

Smith.

Charging that Recorder Pro Tem Preston is either ignorant

of the law or utterly disregards it, William M. Smith, former

attorney for Jim Conley, has taken out a writ of habeas corpus to

obtain the release of Sam Holder and Andy Morton, negroes who

were arraigned in Police Court Saturday afternoon on charges of

operating a blind tiger.

When the case was called Judge Preston, it is charged,

decided that the negroes were not guilty of the charge on which

they were arrested, but said he would hold them on another

charge and try them next Tuesday afternoon.

PAGE 13, COLUMN 1

FRANK

PLEA

WEDNES

DAY

TO SEE

BOTH

SIDES

READY

State and Defense

Rush Their

Preparations for

Arguments on

New Trial and Agree

to Ex-

Change All Affidavits

Secured.

With prosecution and defense rushing their preparations to a

conclusion, the prospects Saturday were that all concerned would

be ready for the arguments on a new trial for Leo M. Frank, which

is set for next Wednesday before Judge L. S. Roan.

Solicitor Dorsey has asked Attorney Rosser for copies of all

the new affidavits taken by him since he filed the motion. Mr.

Rosser replied by saying that would turn over such documents if

the Solicitor would in turn supply him with copies of all affidavits

secured by the State since this time. It was agreed that the

exchange should occur Monday morning.

The Solicitor's assistants, while he is engaged in suggesting

additions to the brief evidence, will be finishing up the

investigation into the defense's charges of bias against Jurors A.

H. Henslee and Marcellus Johenning. The latter has made a denial

even more vigorous and absolute than that of Henslee's.

Juror Sure of Acquittal.

Johenning appears to have no fear that he will be cleared of

the accusations of being prejudiced against Frank before he was

called into the jury box.

The persistent rumor, current since the charges against

Henslee and Johenning, that a third juror had been accused, is

also being investigated by the State's counsel. The report has

been that attorneys for Frank have affidavits which name a third

juror. However, nothing so far has become public which warrants

this report.

Solicitor Dorsey has gone carefully into the life and character

of every person who has made an affidavit for the defense

charging Henslee and Johenning with prejudice. It has been hinted

that the Solicitor will spring some surprises when he makes the

depositions public at the hearing on Wednesday.

He is understood to be confident that he can free both

Henslee and Johenning from the accusations against them, in

which case Frank's lawyers will be forced to rely on their other

reason to obtain a new trial.

Other Contentions of Defense.

That they would not be at all unwilling to rest their chances

for a new trial on almost any one of their reasons if it were

necessary, counsel for the defense have indicated repeatedly.

They feel that the alleged prejudice of the two jurors is sufficient

in itself to warrant the granting of a new trial.

Both sides have a number of affidavits which they have not

exchanged or made public. These are said to be some of the most

important obtained and are expected to play a large part in the

decision at which Judge Roan will arrive.