Sunday, 5th October 1913 A.h. Henslee May Establish Alibi

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The Atlanta Constitution,

Sunday, 5th October 1913,

PAGE 1, COLUMN 4.

Attacked Frank Juror

Brands

As False the

Charges Made

Against Him in

Several Af-

fidavits.

In answer to several of the affidavits claiming that at

specified times and places he made declarations of belief in the

guilt of Leo M. Frank, whom he later as a juror voted guilty of the

murder of Mary Phagan. A. H. Henslee is understood to be

preparing copies of orders to his firm by which he tends to show

that he was in another part of the state at the time he is alleged

to have made the remarks about Frank's part in the murder.

Mr. Henslee has given the lie in no plain terms to the

charges against him, as has Juror M. Johenning, who, it is claimed

by three affidavits, expressed before the trial came off his

conviction of Frank's guilt.

Charges were made also by the defense that men on the

streets were allowed to walk along by the side of the jurors and

talk to them, and that a spectator talked to one juror in the court

room. Solicitor General Hugh M. Dorsey, it is understood, is

preparing to secure affidavits from Deputy Plennie Miner and the

other deputies and bailiffs in an effort to disprove this attack.

May Ask Indictment.

Juror Henslee has consulted a lawyer and is said to be about

to ask an indictment against C. P. Stough on a charge or perjury.

It is believed that he intends taking the same steps in regard to

others, and he is said to be considering suits for libel also.

The affidavits which were made public Saturday, furnished

the most sensational part to the case since the end of the trial. At

the calling of the motion for a new trial Saturday morning Judge L.

S. Roan greatly, at the solicitor's plea, a postponement of one

week, and respited the condemned man indefinitely. Frank was

sentenced to hang next Friday.

During the coming week Solicitor Dorsey, his assistant,

Attorney E. A. Stephens, and Attorney Frank A. Hooper, who aided

the state, will spend practically their entire time in making their

reply to the 115 reasons cited as legal cause for a new trial.

Attorneys Luther Z. Rosser and Reuben Arnold, however, are

not resting on their oars, but are after new affidavits and are

expected to add o their case throughout the week. This was

indicted Saturday by Attorney Rosser. He also agreed that all

copies of affidavits his office may secure will be turned over to the

solicitor for inspection in order to facilitate the hearing and make

it unnecessary to postpone the case again.

Fight Over Two Jurors.

The principal battle at present appears to be over the issue

raised by the defense as to the alleged bias and performer

opinions of Jurors Henslee and Johenning. Attorney Rosser

indicated that other members of the jury might be attacked in the

same way.

A surprise came in the action of the defense in agreeing to

furnish the solicitor with copies of their affidavits. It had been

believed that these would be kept sealed, if possible, until the

motion was actually taken up. Solicitor Dorsey was prepared to

ask an order from the court requiring the defense to supply him

with copies.

Statements that Mr. Henslee at various times made

statements to the effect that he believed Frank guilty and would

like to have an opportunity to break his neck, were made in the

affidavits of the defense. In the Elks' club, on the train, in stores

and in

Continued on Page Five.

HENSLEE MAY

ESTABLISH ALIBI

Continued from Page One.

Street cars, various parties declare that the man who was later

selected as a juror expressed in tones of conviction his belief in

the guilt of the young factory superintendent.

Attorneys for Frank also furnished affidavits from themselves

and from the condemned man stating that at the ., he

introduced and urged the passage of legislation protecting game,

and later he headed the organization of sportsmen through whose

influence the present act was passed two years ago. As a

consequence of his activity in this direction, he has been given

the sobriquet generally throughout the state of Father of the

Game Law.

Well Known as Huntsman.

Mr. Davis is a native of Meriweather county, and as owner

and former operator of the Warm Springs summer hotel, he has

entertained during their annual conventions nearly every

important professional and business association in the state. He

has now retired, having leased the property and will be able to

give his whole time, as the law requires, to the work. As a

huntsman of long experience and as a trained naturalist, he

probably knows more about Georgia wild life than any other man

in the state. He is a man of independent means, and it is solely

from his love of the work and his desire to aid in the protection of

game that he has been induced to accept the office.

His appointment was urged by hundreds of persons

interested in the future success of the game department. In

addition to being known as the father of the game law, he was the

best indorsed man for the place, his indorsements coming from all

sections of the state.

The position pays a salary of $2,000 per year and travelling

expenses, which are collected from the sale of hunting licenses.

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