Friday, 3rd October 1913 May Use Jurors To Deny Charges

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Dorsey Expected to

Produce

Affidavits, Denying

Jurors'

Alleged Bias Against

Frank.

Postponement Seen.

The hearing of the motion for a new trial made by attorneys

for Leo M. Frank, convicted slayer of Mary Phagan, which is

scheduled to come up Saturday, will likely be postponed two

weeks. The delay will probably come following a request of

Solicitor Hugh M. Dorsey, who, although struggling through the

defense's brief as rapidly as possible, will not be ready to proceed

at that time, as he is now in the midst of digesting and answering

the 115 objections made by the convicted man's lawyers.

It will take me from now oh until the first of next week, said

Mr. Dorsey Thursday, to get through with my end of this petition.

There are nine volumes of evidence to digest and answer. It is a

superhuman task to have this mass of evidence in any shape to

make a court appearance Saturday, at least.

May Be Heard October 18.

From authentic sources it was learned that the possible date

for the hearing of the motion will be October 18. Judge L. S. Roan

may not take a seat in the court of appeals until he hears the

Frank retrial motion, and Thursday he indicated that he would not

be ready to take his new place for at least some days, as he

expressed it.

Conjecture was rife Thursday around the courthouse as to

just what sort of replies Dorsey would make to the defense

objections which centered in the plea that the mob spirit

controlled the Frank trial. It was suggested at the courthouse

that Dorsey might bring affidavits from all of the Frank jurors

denying that they were swayed in any manner by public

sentiment.

Juror Johenning Indignant.

Already the replies of the Frank jurors charged with bias in

affidavits presented by the defense attorneys are coming to light.

Marcus Johenning, of 161 Jones avenue, declared Thursday

that the charge in his case was absolutely flimsy"more flimsy

than the paper won which it is written"he said.

I swerved on that jury because I did not want to lie out of so

doing, he added. And now to accuse me of falsehood to secure a

month's service is rank injustice. I lost money through the neglect

of my business, and I had nothing to gain. If there are any

persons who have made affidavits that we have done Frank an

injustice, they have lied.

SUPREME COURT

OF GA.

Judgements Affirmed.

Kelly et al, v. Whitley et al.; from Douglas superior court:

Judge Bell presiding. Anderson, Felder. Rountree and Wilson, W. T.

Roberts, J. R. Hutcheson, for plaintiffs, in error. J. S. James, Scott

and Davis, contra.

Jefferson Fire Insurance company v. Brackin; from Decatur:

Judge Frank Park. Smith, Hammond and Smith, for plaintiff, in

error. T. S. Hawes, contra.

Wallace v. City of Atlanta; from Fulton: Judge Pendleton. J. D.

Kilpatrick, for plaintiff, in error. J. L. Mayson, W. D. Ellis, Jr., contra.

Craven v. Martin; from Habersham: Judge Jones. McMillian

and Erkin, for plaintiff in error. J. C. Edwards, contra.

Judgements Reversed.

Banks v. Bradwell, administrator from Fulton: Judge

Pendleton. C. W. Smith, M. A. Hale, R. R. Blackburn, for plaintiff, in

error, Rosser and Brandon, Stiles Hopkins, L. Z. Rosser, Jr., contra.

Atlanta and Carolina Railway company v. Carolina Portland

Cement company et al.; from Fulton: Judge Ellis. Simmons and

Simmons, for plaintiff, in error. Robert C. and Philip H. Alston,

Evins and Spence, Slatin and Phillips E. V. Carter contra.

Strickland et al. v. Lowry National bank; from Bartow: Judge

Fite. Finley and Henson J. P. Brooke George F. Gober, for plaintiffs,

in error. John T. Norris, J. H. Porter, contra.

Louisville and Nashville Railroad company v. Henderson et

al.; from Bartow; Judge Fite. D. W. Blaire Tye Peeples and Jordan

Neel and Neel for plaintiff in error. George H. Aubrey John T.

Norris contra.

Louisville and Nashville Railroad company v. Kemp; from

Gordon: Judge Fite. Tye, Peeples and Jordan, D. W. Blair, O. N.

Starr, for plaintiff, in error. George F. Gober, contra.

Coffey v. Cobb; from Murray: Judge Fite. Maddox, McCamy

and Shumate R. N. Steed, for plaintiff, in error, C. N. King, W. E.

Mann, W. C. Martin, contra.