Wednesday, 15th April 1914: Summon Physician In Hearing For New Trial, The Atlanta Journal

Search for:

Reading Time: 3 minutes [486 words]

Counsel for Leo M. Frank has subpoenaed Dr. H. F. Harris, secretary of the state board of health, to appear in the criminal division of the superior court on Thursday morning at 10 o'clock. This is in connection with Frank's extraordinary motion for a new trial, which will be filed at that time. Dr. Harris, who examined hair found on lathes in the factory, has refused to sign an affidavit prepared by the defense regarding the now famous hair incident. As a result, the defense has subpoenaed him, and they plan to ask him a series of questions. The questions and answers will be included in the extraordinary motion, along with many other affidavits on which the defense bases its plea for another trial.

Dr. Harris compared hair taken from the head of Mary Phagan, when her body was exhumed, with the hair found on the lathe in the metal room of the factory. After his examination, the physician declared that the hair found on the lathe was not Mary Phagan's. This fact was not developed at the trial of Frank and did not become known until a few months ago when The Journal published an exclusive interview with the physician. Dr. Harris refused to sign an affidavit as prepared by the defense, insisting on adding points considered immaterial by the attorneys. As a result, he has been subpoenaed before the court and will be asked various questions relating to the incident.

Judge Ben H. Hill will be in his chambers at the Thrower building at 10 o'clock Thursday morning, and it is expected that the extraordinary motion will be filed at that hour. Attorneys for Frank will ask for a rule nisi, setting a date for the hearing and staying the execution of Frank, which has been set for Friday. The extraordinary motion of the defense will be amended before it is argued, but whether or not the amendments will be attached on Thursday is uncertain.

It is said that the defense has recently secured much important evidence, which will corroborate the statement of Mrs. J. B. Simmons that a woman in the basement of the factory screamed very loudly between 2:30 and 3 o'clock on the day of the tragedy. This will be one of the important points of the defense, which will argue that the crime was committed after 2 o'clock, not before 1 o'clock as the state claimed at the trial of Frank.

William J. Burns, who is said to have discovered much new evidence favorable to Frank, did not return to the city on Thursday. Dan S. Lehon, his lieutenant, who is now in charge, states that it may be several days before Burns appears on the scene again. However, he is constantly in touch with developments in the case, according to Mr. Lehon.