Monday, 6th October 1913: Judge Ellis Protests Reckless Auto Drivers, The Atlanta Journal

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Writes Chief Beavers a Letter Telling of Alleged Violations of Law

Judge W. D. Ellis, of the superior court, has written Chief of Police J. L. Beavers a letter requesting the arrest of an automobile driver, and incidentally registering a general protest against the way in which autoists are "fudging on the automobile laws."

Judge Ellis declares in his letter that in regard to the law regulating the passing of trolley cars by automobiles that the automobile drivers are acting like baseball players who are preparing to steal the next base; that they crowd the street car as much as possible, preparatory to a quick plunge ahead.

Judge Ellis in his letter to Chief beavers states that Monday morning as he and James Holliday, of the Constitution were preparing to board a car on Peachtree street, that automobile No. 18,806, driven by a negro chauffeur, dashed rapidly by in violation of the city road law, and he only saved himself from injury by a quick jump.

The violation of the law was so patent, he states, that several people noticed it, and he gives the name of Mr. Holliday and the street car conductor as witnesses, and at the same time expresses his own willingness to appear against the chauffeur when he is arrested.

PAGE 1, COLUMN 7

MONROE CITIZENS MAKE DEPOSITIONS ATTACKING JUROR Three Declare

That A. H. Henslee Made

Statements of Conviction in Frank's Guilt

Long Before Trial JUDGE ROAN SURE TO HEAR TRIAL MOTION Solicitor Dorsey Busily at Work on Reply to Defense and Will Be Ready When Case Is Called Saturday

Additional depositions, charging that before the trial of Leo M. Frank, Juror A. H. Henslee showed prejudice and strong feeling against the defendant, have been received by Deputy Clerk John H. Jones.

The new depositions are signed by J. J. Nunnally and Virgil Harris, dealers in buggies, of Monroe, Ga., and Dr. W. L. Rickert, a dentist of the same place.

The three citizens of Walker county corroborate the five other men, who swear that Henslee before he took his juror's oath expressed his firm conviction of the guilt of the man upon whom he was to pass judgement.

All three of the Monroe citizens declared that not only did Henslee express his belief that Frank was guilty, but that he vehemently and bitterly denounced the man charged with Mary Phagan's murder.Mr. Nunnally quotes Henslee as saying.

"They are going to break that Jew's neck."

One of the makers of the depositions declares that he heard Henslee discussing the Phagan murder with a number of other traveling men before the trial. Several of them denounced Frank, the maker of the deposition swears, and Henslee was the most bitter of them all against the defendant.

In one of the depositions, it is charged that for twenty minutes Henslee discussed his reasons for believing in the guilt of the accused, and was still denouncing him when the affiant left the group of men who were discussing the case.

It is said that still more depositions attacking Juror Henslee are expected by the defense.

ROAN TO HEAR MOTION.

Monday all doubt that Judge L. S. Roan will hear the argument of the motion for a new trial for Frank was dispelled when court attaches cancelled arrangements to hold a session of the criminal division of the superior on Monday, October 13.

It had been expected that Judge Ben H. Hill would resign from the court of appeals and take his seat on the superior court bench in time to hold court next Monday, but now it is definitely known that he will remain on the appellate bench until Judge L. S. Roan can dispose of the Frank motion.

The motion is set for next Saturday, but there is little probability that it can be disposed of in a day or even several days, and therefore Judge Roan, as he will be hearing it as a superior court judge, cannot resign until the argument has been concluded.

The cancelled arrangements for court week mean more delay before the criminal division can hold a session to alleviate the congested condition of the county jail, where more than 100 felony prisoners are awaiting trial.

DORSEY WORKING.

Solicitor General Hugh M. Dorsey is devoting his entire time to the preparation of his answer to the defense's motion for a new trial for Leo M. Frank, and very likely he will be ready when the case is called for argument before Judge L. S. Roan next Saturday.

The charges against A. H. Henslee and M. Johenning did not come as a surprise to the state, although the solicitor knew nothing of several of the affidavits.

Reports of some of the affidavits, however, had reached the solicitor before the motion was served on him, and his men have been busy in an effort to sustain the two jurors.

Mr. Dorsey is going to devote the greater part of his time to a study of the law on the questions involved in the 115 counts upon which the defense asks the new trial, while the work of sustaining the two jurors will be handled largely by his assistants.

OPEN LETTER.

The Sparta citizens, whose statements in depositions form probably the defense's strongest evidence against Henslee, have addressed a sensational open letter to the juror, following the publication of his statement that the charges that he had expressed an opinion as to Frank's guilt were lies.

Their letter follows:

"You must recall in Mr. Holmes' office, on the day stated, and in the presence of the undersigned, we all discussed the Frank case and practically tried him, as it were, and that, in the discussion, you not only said that Frank was as guilty as but you had much to say about Frank's being a moral degenerate your exact language we cannot use and further stated that you were drawn as a juror."

"We have no disposition to injure you or to make public your statement as two of the witnesses, Gray and Holmes, have known you and your family for many years and we do not know how the attorneys were acquainted with the fact of this conversation, but your remark was common talk in the town where there are a number of people who could have given the information to the attorneys."

We declined to make a voluntary affidavit in the matter and said nothing until forced to by the court, but let us assure you that the reluctance to testify in no way changes the fact and you shall not be permitted to make statements in the public press denouncing us as liars in order to protect yourself from the criticism you have justly deserved."

"We await your answer. (Signed)

"J. M. HOLMES,"

"S. M. JOHNSON,"

"SHI GRAY."

PAGE 4, COLUMN 1

POLICE ARE LIKENED TO THE WALLS OF A CITY

Dr. White Preaches Special Sermon Because of Admiration of Chief Beavers

More than a hundred officers and men of the Atlanta police force attended services at the Second Baptist church Sunday evening and listened to the special sermon preached to them by the pastor, Dr. John E. White.

"The policeman of today has the same relative value to a city as the walls had in ancient times," declared Dr. White.

"You can always judge a man's citizenship by his attitude toward the police force, and when I see a man attacking the preservers of law and order, and trying to get them into disrepute before the people, I know what sort of a citizen he is."

In the course of his sermon Dr. White explained that he had been prompted to preach to the police because of his admiration for Chief Beavers and his respect for the individual members of the force, and because it was the duty of a preacher to uphold law and order and endeavor to aid the preservers of it.

Dr. White's text -

"I have set a watch upon the walls, O Jerusalem, which shall never sleep day or night" was taken from the thirty-second chapter of Isaiah.

The church weas taxed to its capacity to accommodate the large congregation which came to hear the sermon.

PAGE 9, COLUMN 1

NEWT LEE GETS NO COIN FOR TIME SPENT IN JAIL County Commission Refuses to Compensate Negro for Long Hours in Tower

The board of county commissioners at a meeting Monday refused to grant the petition of Graham & Chappell, attorneys for Newt Lee, that the county compensate the negro for the several months he spent in jail, held as a witness pending the trial of Leo M. Frank.

The petition was not granted because there is no law to allow the county to compensate a witness held by the order of the courts.

The legal phase of the matter was decided by General Clifford L. Anderson, at County Attorney Luther Rosser had declined to render an opinion on the legality of the petition because he is counsel for Frank.

Lee was held by the order of the state's authorities, not the county officials, General Anderson held, and while several of the commission expressed sympathy for the negro they all voted to refuse his petition for compensation.

The commission also refused to grant the request of L. O. Turner, a member of the jury in the Camp murder case, to pay the bill of a physician who attended him when he was ill while locked up in the Kimball hotel as a member of the jury.

The commission refused this request in the same ground; namely, that if anyone is responsible it is the state, not the county.