Monday, 6th October 1913: Frank Given Indefinite Respite, The Atlanta Georgian

Reading Time: 43 minutes [7159 words]

Hearing on New Trial Motion Is Postponed

PREJUDICE OF JURORS CHARGE

D

BY

MANY

Henslee, Accused,

Threatens Suit

Against Maker of

Affidavit.

Denies He Was

Biased.

With Leo M. Frank's sentence respited indefinitely, and the

hearing on his lawyers' motion postponed for a week, new

sensations were sprung in the fight for the convicted factory

superintendent's life with the revelation Saturday of the contents

of a mass of affidavits charging prejudice against A. H. Hensley

and Marcellus Johenning, members of the trial jury.

Most of the fire is directed at Henslee, who is charged by

many persons with having expressed violent feelings on the case

before he was chosen as a juror. He is accused of having

expressed his conviction of Frank's guilt and his eagerness to see

him hanged, and to have referred in profane terms to the

prisoner's race.

The hearing of the motion for a new trial was postponed by

Judge Roan at the request of Solicitor General Hugh M. Dorsey

when the case was called shortly after 9 o'clock Saturday

morning. The Solicitor said he needed time to look into the

volumes of contentions made by the defense in the pleas setting

forth 115 reasons why Frank should get a new trial Judge Roan

put the hearing off until next Saturday, and announced that he

would be ready to grant the Solicitor more time then if necessary.

Delay is Secured Quickly.

The order for an indefinite stay was issued in less than ten

minutes after the hearing of the motion for a new trial was taken

up.

I have not had time in which to prepare my reply to the

motion, as it was only presented to me a day or two ago, and is

quite lengthy, said Solicitor Dorsey. Therefore, I am going to ask

your honor to postpone this hearing until I have time to complete

my work on it.

It is my desire to complete the case as quickly as possible,

and it is imperative that it should be. The work of the Court of

Appeals is hinging on this case in a way, as you are being delayed

in taking up your duties there until after you have heard this

motion. I think that possibly I can complete my reply by next

Saturday, but in the event I find this impossible I would like for

your honor to grant a further delay.

Attorneys Arnold and Rosser said this would be agreeable to

them.

Gets Copies of Charges.

Dorsey asked that he be furnished with all of the depositions

which the defense had taken, and Attorney Rosser advised that

he would furnish them to the Solicitor some time during the day.

I think I have copies of all of them in my office and will give

them to you to-day, said Mr. Rosser to the Solicitor. In the event

we obtain any new ones we will also submit them to you, he

added.

I will set this hearing for 9:30 o'clock next Saturday

morning, then, said Judge Roan. I trust, however, Mr. Dorsey,

that you will be prepared by that time.

The judge then instructed the cleric to issue an order

directing Sheriff Mangum to indefinitely stay the exe-

PAGE 7, COLUMN 1

FRANK HEARING

DELAYED;

PRISONER GETS

RESPITE;

TWO JURORS

UNDER FIRE

Continued from Page 1.

cution of Leo M. Frank, which had been set for October 10.

Following the hearing, Attorney Rosser furnished copies of

most of the depositions which have been taken by the defense.

The ones lacking are those made by C. P. Stough, of Atlanta, and

John M. Holmes, Shi Gray and S. M. Johnson, of Sparta, Ga., copies

of which are expected to be given the Solicitor during the day.

Points Made in Depositions.

In the depositions given the Solicitor Saturday morning Juror

A. H. Henslee is charged with having made remarks showing him

to be biased, at the Elks' Club in Atlanta, on a train between

Atlanta and Experiment, Ga., and in front of a livery stable at

Albany, Ga. These expressions were to the effect that he believed

there was no doubt of Frank's guilt; that he was glad Frank had

been indicted; that his neck should be broken; that Frank should

be lynched, and that if he were on the jury he would hang him

sure.

Some of the depositions charged that Johenning had made

the remark that Frank was undoubtedly guilty, and that he had

spoken forcibly and positively.

Depositions furnished the Solicitor were made by H. C.

Loevenhart, Mrs. J. G. Loevenhart, Miss Miriam Loevenhart, S.

Aron, Mack Farkas, R. K. Greme, J. J. Nunnally, W. L. Picker, J. A.

Lehman, Samuel Boorstin, Mrs. A. Shurman, Sampson Kay, B. M.

Kay, Miss Martha Kay, Charles J. Moore, W. B> Cate, J. H. G.

Cochran and H. G. Williams.

Charge Jury Heard Cheers.

These depositions alleged that the cheering by the crowd

outside of the courthouse was plainly audible to the jury and that

it would have been plainly impossible for the members of the jury

not to have heard it. One man charges that a man in the court-

room seized the hand of one of the jurors and spoke to him, and

was sharply reprimanded by Chief Deputy Sheriff Plennie Miner.

One deposition charges Juror Smith with having gazed out of

a third floor window in the Kimball House at the cheering crowd

on Pryor street.

The additional affidavits besides those of Stough and the

three Sparta men charging Juror Henslee with having displayed

prejudice, were made by R. L. Gremer and Mack Farkas, of

Albany; Julian A. Lehman, of Atlanta, and Sam Aaron, of Atlanta.

There can be no doubt but that Frank is guilty, are the

words credited to Henslee by Greme and Farkas. They charge him

with making this assertion in front of the Sam Farkas livery stable

in Albany some time prior to the trial. They assert that they know

Henslee well, and further identify him as the man making this

remark by pictures of Juror Henslee which appeared in The

Georgian.

Another Instance Cited.

On June 2 Juror Henslee is charged with remarking on a train

that Frank is as guilty as a d"dog and ought to have ---neck

broke. Julian A. Lehman makes that deposition, charging the

remark was made on a train between Atlanta and Experiment, Ga.

He charges him with having made practically the same remark on

June 20.

In a deposition by Samuel Aron, remarks made at the Elks'

Club in Atlanta two days after the Grand Jury indicted Frank are

credited to Henslee. Aron asserts that at the time the remarks

were made he did not know Henslee's name, but learned it later.

The words he alleged were spoken by Henslee were: I am glad

they indicted --- Jew. They ought to take him out and lynch him

and if I get on the jury I will hang that Jew sure.

The depositions charging Johenning with showing bias were

made by Mrs. Jennie G. Loevenhart, her daughter, Miss Miriam

Loevenhart, and H. C. Loevenhart.

Tell of Words to Juror.

Mrs. Loevenhart and Miss Loevenhart assert that they met

Johenning on Forsyth street one day in May, and that he

expressed belief in Frank's guilt and that his statements were

made forcibly and positively.

H. C. Loevenhart, who is connected with the Hodges Broom

Works, asserted that Johenning had also expressed to him his

belief in Frank's guilt.

W. P. Neill made an affidavit declaring he saw a man in the

courtroom seize one of the jurors' hands and speak to him while

the jury was passing out of the courtroom.

Neill asserts that Chief Deputy Sheriff Plennie Miner saw the

act and threatened to put he man out of the courtroom, charging

him with speaking to juryman.

I could not understand what the man said, Neill states in

the affidavit. Neill also asserted that he was in the courtroom two

days of the trial and that he heard the crowd in the street cheer

Dorsey, and that the cheering was plainly audible to the jury.

Jury Could Hear Cheering.

Attorney Charles J. Moore asserts that he was in his office at

No. 301 Kiser Building at 6 p.m. August 22 and heard the crowd

cheer Solicitor Dorsey as he left the courthouse.

The jury was not 50 feet from the entrance of the

courthouse during the demonstration, the affidavit reads. He also

told of the cheering of August 23, saying the jury was also close

enough to hear.

The deposition also states that Moore heard many threats of

violence to Frank in the event of an acquittal. It also named two

men whom he charged with continuously loitering around the

courthouse during the trial.

B. M. Kay, of No. 264 South Pryor street, in his deposition

charges that while he was driving his father's automobile, in

company with his mother, Mrs. Rose Kay, and his brother,

Sampson Kay, between 8 and 8:30 o'clock Saturday night, August

23, he saw the Frank jury pass from East Fair into South Pryor

street and proceed to the Kimball House, and that seven or eight

men walked alongside of them for several blocks and chatted with

members of the jury.

Bet He Would Be Selected.

The other affidavits told of the cheering which greeted

Solicitor Dorsey on different occasions, and asserted the cheering

was plainly audible to the jury.

The affidavits of the Sparta men Shl Gray, John M. Holmes

and Johnson, all charge that the Frank case was discussed in the

office of Walton Holmes Insurance man, in Sparta. They declare

that in the course of the conversation Henslee declared he knew

Frank was guilty. They say he expressed his convictions firmly

and emphatically. The remarks were made, it is said, after

Henslee had been drawn as one of the talesmen in the case and

Gray says Henslee declared I'll bet a dollar I am chosen on that

jury.

Henslee Arrives in City.

Mr. Henslee, who is a travelling salesman, with headquarters

now in Barnesville, Ga., arrived in Atlanta Friday afternoon. He

had read reports of the attack made upon himself and Marcellus

Johenning, another of the jurors, in the motion filed by Frank's

attorneys for a new trial, he said, and came to Atlanta to brand

the accusations, in so far as he personally knew, as infamous

falsehoods.

Chief of the statements purported to have been made by

Henslee before he was chosen as a member of the Frank jury was

that averred by Mr. Stough, who is organizer of the Masons'

Annuity and well-known business, residing at No. 115 Holderness

street.

Henslee said to me before the triad, I believe Frank is

guilty and would like to be in a position to break his neck,' Mr.

Stough told a Georgian reporter.

False in Every Detail.

I hardly know this man Stough, declared Henslee, and

have not even seen him for four months. I am positive that I never

discussed the Frank case with him in any of its phases nor

expressed my opinion of the man's guilt or innocence.

Mr. Henslee was shown the statements made by Stough as

printed exclusively in The Georgian Friday.

I brand the entire thing as false in every detail, he said.

The former juror's attention was then called to the

depositions made by Holmes, Johnson and Gray, of Sparta. These

depositions were sworn to before J. M. Lewis, a notary of that

town.

I recall having met Holmes and Gray, Henslee said, and it

is possible that I became acquainted with Johnson on one of my

trips, but I never mentioned the Frank case to them, nor did I ever

express an opinion on it. If these men say that I did, they are

lying.

Jurors Scores His Accusers.

I want to say now, continued Mr. Henslee, that in casting

my ballot for the conviction of Frank I did so in accordance with

the dictation of conscience. I did my duty, pure and simple, and

when these men swear that I did not, as they are reported to

have done, they are all liars.

I am going to investigate this matter, and if the reports are

true, I will bring legal action against these men. They are trying to

prove me a perjurer, and I believe I have the basis of a good case

against them. They will have to prove their assertions or take the

consequences.

PAGE 2, COLUMNS 1,

7, & 8

PAGE 2, COLUMN 1

RENEW ATTACK ON

FRANK JUROR

PAGE 2, COLUMN 7

Factory Men

Oppose

Regulating

Measure

Though some interesting happenings at the meeting of the

City Council Monday afternoon were forestalled by the

determination of Carlos H. Mason not to run again for Police

Commissioner, the introduction of an ordinance by Councilman

Claude L. Ashley to regulate factories employing women and girls

will give the members something to do.

No opposition to the ordinance by Councilmen is likely, but

protests from factory men are expected.

PAGE 2, COLUMN 8

BATTLE

FOR

NEW

TRIAL

CENTER

S

ON BIAS

Dorsey Prepares to

Support Juror

Henslee's Denial of Any

Prejudicial Statement.

The extreme thoroughness with which the attorneys for Leo

M. Frank have set about substantiating their charge of prejudice

and bias against A. H. Henslee, one of the twelve jurors who

declared Frank guilty of murder, made it evident Monday that the

lawyers will wage their fight around this one instance of alleged

unfairness as so glaring as to constitute in itself and alone a

sufficient ground for a new trial.

Many persons with whom Henslee talked before the trial

were interviewed by agents of Attorney Rosser and Arnold. One

deposition was bulwarked by another until the lawyers considered

they had made out a clear case of prejudice and bias against

Henslee. Without the additional force lent by the more than 100

other reasons presented in their amended motion for a new trial,

they were confident that they had obtained an unassailable

ground for a retrial of the convicted man.

Solicitor Dorsey is preparing for a determined fight against

their contention. He believes that Henslee has been

misrepresented. He is prepared to take the word of Henslee

himself that he uttered no statements to the effect that he

considered Frank guilty and would like to have a part in bringing

about his hanging.

Sparta Men Make Reply.

Henslee's repeated denials of the alleged conversations

brought a reply Monday from three of the Sparta men who

recently made depositions that they had overheard remarks of

the nature mentioned. They prepared a signed statement, in

which they reiterated their allegations of prejudice and bias

against Henslee and declared that Henslee must have been

misquoted in his repudiation of the remarks.

The statement was signed by John M. Holmes, of Holmes &

Walker, an insurance and buggy firm; S. M. Johnson, cashier of the

firm, and Shi Gray. All assert they were present when Henslee's

reported conversation in regard to the guilt of Frank took place.

Practically Tried Frank.

The letter read:

You must recall in Mr. Holmes office, on the day stated, and

in the presence of the undersigned, we had 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 being a moral degenerate "your

exact language we can not 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 writers, 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.

J. M. HOLMES.

S. M. JOHNSON.

SHI GRAY.

PAGE 3, COLUMNS 2,

4, & 8

PAGE 3, COLUMN 2

Factory Men

Oppose

Regulating

Measure

Though some interesting happenings at the meeting of the

City Council Monday afternoon were forestalled by the

determination of Carlos H. Mason not to run again for Police

Commissioner, the introduction of an ordinance by Councilman

Claude L. Ashley to regulate factories employing women and girls

will give the members something to do.

No opposition to the ordinance by Councilmen is likely, but

protests from factory men are expected.

PAGE 3, COLUMN 4

FRANK JUROR AGAIN ATTACKED BY

SPARTA MEN

PAGE 3, COLUMN 8

FIGHT

FOR

NEW

TRIAL

CENTER

S

ON

BIAS

Dorsey Prepares to

Support Juror

Henslee's Denial of Any

Prejudicial Statement.

The extreme thoroughness with which the attorneys for Leo

M. Frank have set about substantiating their charge of prejudice

and bias against A. H. Henslee, one of the twelve jurors who

declared Frank guilty of murder, made it evident Monday that the

lawyers will wage their fight around this one instance of alleged

unfairness as so glaring as to constitute in itself and alone a

sufficient ground for a new trial.

Many persons with whom Henslee talked before the trial

were interviewed by agents of Attorney Rosser and Arnold. One

deposition was bulwarked by another until the lawyers considered

they had made out a clear case of prejudice and bias against

Henslee. Without the additional force lent by the more than 100

other reasons presented in their amended motion for a new trial,

they were confident that they had obtained an unassailable

ground for a retrial of the convicted man.

Solicitor Dorsey is preparing for a determined fight against

their contention. He believes that Henslee has been

misrepresented. He is prepared to take the word of Henslee

himself that he uttered no statements to the effect that he

considered Frank guilty and would like to have a part in bringing

about his hanging.

Sparta Men Make Reply.

Henslee's repeated denials of the alleged conversations

brought a reply Monday from three of the Sparta men who

recently made depositions that they had overheard remarks of

the nature mentioned. They prepared a signed statement, in

which they reiterated their allegations of prejudice and bias

against Henslee and declared that Henslee must have been

misquoted in his repudiation of the remarks.

The statement was signed by John M. Holmes, of Holmes &

Walker, an insurance and buggy firm; S. M. Johnson, cashier of the

firm, and Shi Gray. All assert they were present when Henslee's

reported conversation in regard to the guilt of Frank took place.

Practically Tried Frank.

The letter read:

You must recall in Mr. Holmes office, on the day stated, and

in the presence of the undersigned, we had 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 being a moral degenerate "your

exact language we can not 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 writers, 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.

J. M. HOLMES.

S. M. JOHNSON.

SHI GRAY.

PAGE 4, COLUMNS 1 &

8

PAGE 4, COLUMN 1

MORE ATTACKS ON

FRANK JUROR

PAGE 4, COLUMN 8

DORSEY

AT

WORK

TO

COMBA

T

CHARGE

Defense Claims It has New

and

Positive Proof of Bias

Accusa-

tions Against Henslee

A. H. Henslee, of the jury that convicted Leo M. Frank, made

his bitterly denunciator remarks against the defendant in the

hearing of a far greater number of persons than already have

made depositions, according to information in the possession of

Frank's attorneys.

While the prisoner's lawyers are busy building up their plea,

Solicitor General Hugh Dorsey is working ceaselessly preparing to

demolish their arguments for a new trial.

We have the names of a great many other persons to whom

Henslee expressed his opinion of Frank's guilt and his hope that

he would have the opportunity to assist in convicting him, said

Reuben R. Arnold, of counsel for Frank, Monday.

These persons would be called on to tell the truth in respect

to Henslee's attitude before the trial were it not for their evident

reluctance to incur the enmity of Henslee and the fact that we

already have the sworn statements of a sufficient number of

reliable persons to prove conclusively that Henslee was guilty of

making the biased and prejudiced remarks.

Fear They'll Harm Henslee.

We are in possession of the facts, however, and if we find it

necessary we will use them. Even the men from whom we have

taken statements have been reluctant to give them. They

acquiesced in making a statement of the facts only after they had

been summoned by a process of law. They did not wish to harm

Henslee, but they had overheard his unmistakable condemnation

of Frank and there was nothing left for them to do when they

were called to narrate the facts of the case.

Henslee's prejudice and that of Johenning alone constitute a

situation that is sufficient to form a basis for a new trial. It is

unthinkable that a man should be sentenced to death when the

two men at least were violently biased against him before a word

of evidence was heard.

Solicitor Dorsey and his assistant, A. E. Stephens, are

engaged in prep answer to the motion for a new trial. The lawyers

for the defense are prepared to argue the motion before Judge

Roan next Saturday. The Solicitor is expected to be ready for the

argument, although he has an immense task in reviewing all of

the reasons presented by the defense.

Grand Jury Session Delayed.

The meeting of the Fulton Grand Jury has been postponed

indefinitely, pending the final disposition of the Frank case,

according to information at the Solicitor's office Monday.

Coupled with this information was the announcement that

the decks had been cleared for the case. Absolutely nothing, not

even the Grand Jury, it is said, will be allowed to interfere with the

work of Mr. Dorsey and Mr. Stephens in summing up the final

evidence which will be used to combat the arguments of the

defense for a new trial.

In the meantime, the courts are becoming clogged and the

Grand Jury faces a heavy docket, including a number of important

cases.

The extreme thoroughness with which the attorneys for

Frank

Continued on Page 2, Column 5.

PAGE 10, COLUMN 5

-

FRANK DEFENSE

CLAIMS NEW

BIAS PROOF

Solicitor Dorsey

Meanwhile Col-

lects Data Combat the

Charges Against

Henslee

Continued From Page 1.

have set about substantiating their charge of prejudice and bias

against A. H. Henslee, on the twelve jurors who declared Frank

guilty of murder, made it evident Monday that the lawyers will

wage their fight around this one instance of alleged unfairness as

to constitute in itself and alone a sufficient ground for a new a

new trial.

Many persons with whom Henslee talked before the trial

were interviewed by agents of Attorneys Rosser and Arnold. One

deposition was bulkwarked by another until the lawyers

considered they had made out a clear case of prejudice and bias

against Henslee. Without the additional force lent by the more

than 100 other reasons presented in their amended motion for a

new trial, they were confident that they had obtained an

unassailable ground for a retrial of the convicted man.

Solicitor Dorsey is preparing for a determined fight against

their contention. He believes that Henslee has been

misrepresented. He is prepared to take the word of Henslee

himself that he uttered no statements to the effect that he

considered Frank guilty and would like to have a part in bringing

about his hanging.

Sparta Men Make Reply.

Henslee's repeated denials of the alleged conversations

brought a reply Monday from three of the Sparta men who

recently made depositions that they had overheard remarks of

the nature mentioned. They prepared a signed statement, in

which they reiterated their allegations of prejudice and bias

against Henslee and declared that Henslee must have been

misquoted in his repudiation of the remarks.

The statement was signed by Joan M. Holmes, of Holmes &

Walker, an insurance and buggy firm; S. M. Johnson, cashier of the

firm, and Shi Gray. All assert they were present when Henslee's

reported conversation in regard to the guilt of Frank took place.

Practically Tried Frank.

The letter read:

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 so much to say about Frank's being a moral degenerate

"your exact language we can not 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 writers, 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.

J. M. HOLMES.

S. M. JOHNSON.

SHI GRAY.

County

Refuses

To Pay Newt

Lee.

Claims filed by attorneys for Newt Lee, the negro witness in

the Frank case, for recovery for time lost while confined in the

county jail, were turned down by the Board of County

Commissioners in monthly session Monday morning.

The vote of the board was unanimous, following motion of

General Clifford Anderson, who declared the county owed nothing

to Newt lee, inasmuch as he was held at the instance of the State.

The negro was held in the county as a witness for about three

months.

Previous to the decision of the board a communication was

read from Attorney Luther Rosser, who refused to give an opinion

as to the claims of Lee on the grounds that he was unqualified

because of his connection with the case.

The County Commissioners disposed of several important

matters Monday morning, including the Roxbury crossing matter

providing for the construction of an underpass by the Southern

Railway and the widening of the roadway 40 feet.

The board also heard the petition of 25 citizens, offering to

donate a 70-foot roadway about six miles in length, extending

along the Chattahoochee River from Pace's Ferry to Johnson Ferry

road. The petition was referred to the three local road

commissioners, who will report on the feasibility of the proposed

roadway.

An offer of the Piedmont Chapter of the Daughters of the

Revolution to place a Georgia State flag on the new courthouse

was also accepted with thanks and plans made for a flag-raising

day when the new building is completed.

The meeting Monday morning was postponed from last

week, pending the return of Commissioners Smith, Anderson and

Winn from Detroit.

PAGE 10, COLUMN 6

Factory Men

Oppose

Regulating

Measure

Though some interesting happenings at the meeting of the

City Council Monday afternoon were forestalled by the

determination of Carlos H. Mason not to run again for Police

Commissioner, the introduction of an ordinance by Councilman

Claude L. Ashley to regulate factories employing women and girls

will give the members something to do.

No opposition to the ordinance by Councilmen is likely, but

protests from factory men are expected.

PAGE 5, COLUMNS 4,

6, & 8

PAGE 5, COLUMN 4

NEW ATTACK ON FRANK

JUROR

PAGE 5, COLUMN 6

Factory Men

Oppose

Regulating

Measure

Though some interesting happenings at the meeting of the

City Council Monday afternoon were forestalled by the

determination of Carlos H. Mason not to run again for Police

Commissioner, the introduction of an ordinance by Councilman

Claude L. Ashley to regulate factories employing women and girls

will give the members something to do.

No opposition to the ordinance by Councilmen is likely, but

protests from factory men are expected.

PAGE 5, COLUMN 8

DORSEY

AT

WORK

TO

COMBA

T

CHARGE

A. H. Henslee, of the jury that convicted Leo M. Frank, made

his bitterly denunciator remarks against the defendant in the

hearing of a far greater number of persons than already have

made depositions, according to information in the possession of

Frank's attorneys.

While the prisoner's lawyers are busy building up their plea,

Solicitor General Hugh Dorsey is working ceaselessly preparing to

demolish their arguments for a new trial.

We have the names of a great many other persons to whom

Henslee expressed his opinion of Frank's guilt and his hope that

he would have the opportunity to assist in convicting him, said

Reuben R. Arnold, of counsel for Frank, Monday.

These persons would be called on to tell the truth in respect

to Henslee's attitude before the trial were it not for their evident

reluctance to incur the enmity of Henslee and the fact that we

already have the sworn statements of a sufficient number of

reliable persons to prove conclusively that Henslee was guilty of

making the biased and prejudiced remarks.

Fear They'll Harm Henslee.

We are in possession of the facts, however, and if we find it

necessary we will use them. Even the men from whom we have

taken statements have been reluctant to give them. They

acquiesced in making a statement of the facts only after they had

been summoned by a process of law. They did not wish to harm

Henslee, but they had overheard his unmistakable condemnation

of Frank and there was nothing left for them to do when they

were called to narrate the facts of the case.

Henslee's prejudice and that of Johenning alone constitute a

situation that is sufficient to form a basis for a new trial. It is

unthinkable that a man should be sentenced to death when the

two men at least were violently biased against him before a word

of evidence was heard.

Solicitor Dorsey and his assistant, A. E. Stephens, are

engaged in prep answer to the motion for a new trial. The lawyers

for the defense are prepared to argue the motion before Judge

Roan next Saturday. The Solicitor is expected to be ready for the

argument, although he has an immense task in reviewing all of

the reasons presented by the defense.

Grand Jury Session Delayed.

The meeting of the Fulton Grand Jury has been postponed

indefinitely, pending the final disposition of the Frank case,

according to information at the Solicitor's office Monday.

Coupled with this information was the announcement that

the decks had been cleared for the case. Absolutely nothing, not

even the Grand Jury, it is said, will be allowed to interfere with the

work of Mr. Dorsey and Mr. Stephens in summing up the final

evidence which will be used to

Continued on Page 2, Column 4.

PAGE 11, COLUMN 4

FRANK

DEFENSE

CLAIMS NEW

BIAS PROOF

Continued From Page 1.

combat the arguments of the defense for a new trial.

In the meantime, the courts are becoming clogged and the

Grand Jury faces a heavy docket, including a number of important

cases.

The extreme thoroughness with which the attorneys for

Frank have set about substantiating their charge of prejudice and

bias against A. H. Henslee, one of the twelve jurors who declared

Frank guilty of murder, made it evident Monday that the lawyers

will age their fight around this one instance of alleged unfairness

as so glaring as to constitute in itself and alone a sufficient

ground for a new trial.

The extreme thoroughness with which the attorneys for Leo

M. Frank have set about substantiating their charge of prejudice

and bias against A. H. Henslee, one of the twelve jurors who

declared Frank guilty of murder, made it evident Monday that the

lawyers will wage their fight around this one instance of alleged

unfairness as so glaring as to constitute in itself and alone a

sufficient ground for a new trial.

Many persons with whom Henslee talked before the trial

were interviewed by agents of Attorney Rosser and Arnold. One

deposition was bulwarked by another until the lawyers considered

they had made out a clear case of prejudice and bias against

Henslee. Without the additional force lent by the more than 100

other reasons presented in their amended motion for a new trial,

they were confident that they had obtained an unassailable

ground for a retrial of the convicted man.

Solicitor Dorsey is preparing for a determined fight against

their contention. He believes that Henslee has been

misrepresented. He is prepared to take the word of Henslee

himself that he uttered no statements to the effect that he

considered Frank guilty and would like to have a part in bringing

about his hanging.

Sparta Men Make Reply.

Henslee's repeated denials of the alleged conversations

brought a reply Monday from three of the Sparta men who

recently made depositions that they had overheard remarks of

the nature mentioned. They prepared a signed statement, in

which they reiterated their allegations of prejudice and bias

against Henslee and declared that Henslee must have been

misquoted in his repudiation of the remarks.

The statement was signed by John M. Holmes, of Holmes &

Walker, an insurance and buggy firm; S. M. Johnson, cashier of the

firm, and Shi Gray. All assert they were present when Henslee's

reported conversation in regard to the guilt of Frank took place.

Practically Tried Frank.

The letter read:

You must recall in Mr. Holmes office, on the day stated, and

in the presence of the undersigned, we had 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 being a moral degenerate "your

exact language we can not 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 writers, 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 rprotect yourself from the

criticism you have justly deserved.

We await your answer.

J. M. HOLMES.

S. M. JOHNSON.

SHI GRAY.

County

Refuses

To Pay Newt

Lee.

Claims filed by attorneys for Newt Lee, the negro witness in

the Frank case, for recovery for time lost while confined in the

county jail, were turned down by the Board of County

Commissioners in monthly session Monday morning.

The vote of the board was unanimous, following motion of

General Clifford Anderson, who declared the county owed nothing

to Newt lee, inasmuch as he was held at the instance of the State.

The negro was held in the county as a witness for about three

months.

Previous to the decision of the board a communication was

read from Attorney Luther Rosser, who refused to give an opinion

as to the claims of Lee on the grounds that he was unqualified

because of his connection with the case.

The County Commissioners disposed of several important

matters Monday morning, including the Roxbury crossing matter

providing for the construction of an underpass by the Southern

Railway and the widening of the roadway 40 feet.

The board also heard the petition of 25 citizens, offering to

donate a 70-foot roadway about six miles in length, extending

along the Chattahoochee River from Pace's Ferry to Johnson Ferry

road. The petition was referred to the three local road

commissioners, who will report on the feasibility of the proposed

roadway.

An offer of the Piedmont Chapter of the Daughters of the

Revolution to place a Georgia State flag on the new courthouse

was also accepted with thanks and plans made for a flag-raising

day when the new building is completed.

The meeting Monday morning was postponed from last

week, pending the return of Commissioners Smith, Anderson and

Winn from Detroit.

PAGE 6, COLUMN 4

DORSEY

AT

WORK

TO

COMBA

T

CHARGE

A. H. Henslee, of the jury that convicted Leo M. Frank, made

his bitterly denunciator remarks against the defendant in the

hearing of a far greater number of persons than already have

made depositions, according to information in the possession of

Frank's attorneys.

While the prisoner's lawyers are busy building up their plea,

Solicitor General Hugh Dorsey is working ceaselessly preparing to

demolish their arguments for a new trial.

We have the names of a great many other persons to whom

Henslee expressed his opinion of Frank's guilt and his hope that

he would have the opportunity to assist in convicting him, said

Reuben R. Arnold, of counsel for Frank, Monday.

These persons would be called on to tell the truth in respect

to Henslee's attitude before the trial were it not for their evident

reluctance to incur the enmity of Henslee and the fact that we

already have the sworn statements of a sufficient number of

reliable persons to prove conclusively that Henslee was guilty of

making the biased and prejudiced remarks.

Fear They'll Harm Henslee.

We are in possession of the facts, however, and if we find it

necessary we will use them. Even the men from whom we have

taken statements have been reluctant to give them. They

acquiesced in making a statement of the facts only after they had

been summoned by a process of law. They did not wish to harm

Henslee, but they had overheard his unmistakable condemnation

of Frank and there was nothing left for them to do when they

were called to narrate the facts of the case.

Henslee's prejudice and that of Johenning alone constitute a

situation that is sufficient to form a basis for a new trial. It is

unthinkable that a man should be sentenced to death when the

two men at least were violently biased against him before a word

of evidence was heard.

Solicitor Dorsey and his assistant, A. E. Stephens, are

engaged in prep answer to the motion for a new trial. The lawyers

for the defense are prepared to argue the motion before Judge

Roan next Saturday. The Solicitor is expected to be ready for the

argument, although he has an immense task in reviewing all of

the reasons presented by the defense.

Grand Jury Session Delayed.

The meeting of the Fulton Grand Jury has been postponed

indefinitely, pending the final disposition of the Frank case,

according to information at the Solicitor's office Monday.

Coupled with this information was the announcement that

the decks had been cleared for the case. Absolutely nothing, not

even the Grand Jury, it is said, will be allowed to interfere with the

work of Mr. Dorsey and Mr. Stephens in summing up the final

evidence which will be used to

Continued on Page 2, Column 4.

PAGE 11, COLUMN 4

FRANK

DEFENSE

CLAIMS NEW

BIAS PROOF

Continued From Page 1.

combat the arguments of the defense for a new trial.

In the meantime, the courts are becoming clogged and the

Grand Jury faces a heavy docket, including a number of important

cases.

The extreme thoroughness with which the attorneys for

Frank have set about substantiating their charge of prejudice and

bias against A. H. Henslee, one of the twelve jurors who declared

Frank guilty of murder, made it evident Monday that the lawyers

will age their fight around this one instance of alleged unfairness

as so glaring as to constitute in itself and alone a sufficient

ground for a new trial.

The extreme thoroughness with which the attorneys for Leo

M. Frank have set about substantiating their charge of prejudice

and bias against A. H. Henslee, one of the twelve jurors who

declared Frank guilty of murder, made it evident Monday that the

lawyers will wage their fight around this one instance of alleged

unfairness as so glaring as to constitute in itself and alone a

sufficient ground for a new trial.

Many persons with whom Henslee talked before the trial

were interviewed by agents of Attorney Rosser and Arnold. One

deposition was bulwarked by another until the lawyers considered

they had made out a clear case of prejudice and bias against

Henslee. Without the additional force lent by the more than 100

other reasons presented in their amended motion for a new trial,

they were confident that they had obtained an unassailable

ground for a retrial of the convicted man.

Solicitor Dorsey is preparing for a determined fight against

their contention. He believes that Henslee has been

misrepresented. He is prepared to take the word of Henslee

himself that he uttered no statements to the effect that he

considered Frank guilty and would like to have a part in bringing

about his hanging.

Sparta Men Make Reply.

Henslee's repeated denials of the alleged conversations

brought a reply Monday from three of the Sparta men who

recently made depositions that they had overheard remarks of

the nature mentioned. They prepared a signed statement, in

which they reiterated their allegations of prejudice and bias

against Henslee and declared that Henslee must have been

misquoted in his repudiation of the remarks.

The statement was signed by John M. Holmes, of Holmes &

Walker, an insurance and buggy firm; S. M. Johnson, cashier of the

firm, and Shi Gray. All assert they were present when Henslee's

reported conversation in regard to the guilt of Frank took place.

Practically Tried Frank.

The letter read:

You must recall in Mr. Holmes office, on the day stated, and

in the presence of the undersigned, we had 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 being a moral degenerate "your

exact language we can not 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 writers, 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.

J. M. HOLMES.

S. M. JOHNSON.

SHI GRAY.

County

Refuses

To Pay Newt

Lee.

Claims filed by attorneys for Newt Lee, the negro witness in

the Frank case, for recovery for time lost while confined in the

county jail, were turned down by the Board of County

Commissioners in monthly session Monday morning.

The vote of the board was unanimous, following motion of

General Clifford Anderson, who declared the county owed nothing

to Newt lee, inasmuch as he was held at the instance of the State.

The negro was held in the county as a witness for about three

months.

Previous to the decision of the board a communication was

read from Attorney Luther Rosser, who refused to give an opinion

as to the claims of Lee on the grounds that he was unqualified

because of his connection with the case.

The County Commissioners disposed of several important

matters Monday morning, including the Roxbury crossing matter

providing for the construction of an underpass by the Southern

Railway and the widening of the roadway 40 feet.

The board also heard the petition of 25 citizens, offering to

donate a 70-foot roadway about six miles in length, extending

along the Chattahoochee River from Pace's Ferry to Johnson Ferry

road. The petition was referred to the three local road

commissioners, who will report on the feasibility of the proposed

roadway.

An offer of the Piedmont Chapter of the Daughters of the

Revolution to place a Georgia State flag on the new courthouse

was also accepted with thanks and plans made for a flag-raising

day when the new building is completed.

The meeting Monday morning was postponed from last

week, pending the return of Commissioners Smith, Anderson and

Winn from Detroit.

PAGE 11, COLUMN 6

Factory Men

Oppose

Regulating

Measure

Though some interesting happenings at the meeting of the

City Council Monday afternoon were forestalled by the

determination of Carlos H. Mason not to run again for Police

Commissioner, the introduction of an ordinance by Councilman

Claude L. Ashley to regulate factories employing women and girls

will give the members something to do.

No opposition to the ordinance by Councilmen is likely, but

protests from factory men are expected.

PAGE 13, COLUMN 2

Governor Slaton Personally

Investigates and

Verifies the Circulation of The

Georgian

and Hearst's Sunday

American. :: ::

Daily Sunday

Georgian American

October 4th 1913.

At the request of the management of The Atlanta Georgian

and The Sunday American, I personally examined on Friday after

noon their various circulation statements, in detail. This work

required sometime, but it was willingly given, because I regard

these newspapers as enterprises of which all Georgia should be

proud. The figures the papers furnish, under oath, to the postal

authorities show a marvelous growth for the time The Georgian

and Sunday American have been in Mr. Hearst's hands"

particularly The Sunday American, which is only six months old.

These circulation figures I have checked up and verified in

person. I have examined the sworn statements of the circulation

and the cashier of The Georgian corporation, and cross

questioned them in detail about the circulation figures. I believe

the figures to be absolutely correct.

Purely from a business man's viewpoint, both The Georgian

and The Sunday American, in points of quality and quantity of

circulation, should be, and I have no doubt are, highly satisfactory

and effective advertising mediums. Certainly, they are most

excellent newspapers, and should commend themselves to

merchants for business purposes.

The fine circulation showings furnish me ample foundation

for warm congratulations. I sincerely wish for Mr. Hearst and his

Georgia newspapers the fullest measure of prosperity and

success"both of which seem assured. I am persuaded this great

publisher means to be consistently a firm and powerful friend of

Atlanta, Georgia, and the whole South, and I well know his ability

to do big things in a big way.