Friday, 10th October 1913: Roan Not To Resign Until After Hearing, The Atlanta Journal

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Judge Hill's Statement Dispells All Doubt

That Roan Will

Preside Doubt that the Frank motion for a new trial would be heard by Judge L. S. Roan has been dispelled by a statement from Judge Ben H. Hill, of the court of appeals.

"I do not know just when I will forward my resignation from the court of appeals," Judge Hill said, "but I presume that Judge Roan and I will continue in our present capacities until we have both disposed of all unfinished business."

The hearing of the motion for a new trial for Leo M. Frank comes under the head of Judge Roan's "unfinished business," as he presided at the famous prisoner's trial.

Judge Hill was reminded that on Monday about seventy criminal cases are set for argument before the court of appeals.

"We can dispose of these cases possibly in a week," Judge Hill said.

Judge Hill said that he certainly would not resign from the court of appeals by next Monday, when it was generally supposed his resignation would be effective.

With Solicitor Dorsey and his assistant, E. A. Stephens, both spending all their time on the Frank motion, it would be useless for Judge Hill to take his seat as the fourth judge of the Atlanta circuit, a new position, Judge Roan succeeding to the court of appeals and Solicitor Reid taking Judge Roan's position as judge of the Stone Mountain circuit.

PAGE 5, COLUMN 2

TURNER DEFENDS JUROR HENSLEE S. W. Turner, agent of the Jefferson-Standard Life Insurance company, a resident of Hawkinsville, has written a card to The Journal, defending A. H. Henslee, the juror in the Frank case, who has been attacked in the defense's motion for a new trial as prejudiced.

In his statement Mr. Turney says:

"Owing to so much being said in the papers in regard to Mr. A. H. Henslee being biased in the Leo M. Frank trial, I think I ought to come to his rescue as a friend and state what transpired at the hotel in Ocilla, Ga., on June 26, 1913, when myself and a Jew travelling salesman had up an argument about the trial of Frank and the Jew wanted to bet me $100 that they would not convict Frank.

I left the hotel with Mr. Henslee and asked him to go back with me and let's bet him the money, and he refused, stating that he did not care to argue the case at all, and no more was said in regard to the case.

"I only ask you to publish this so that the public will know that he had not been discussing the case over the country prior to the trial at random."