Saturday, 18th October 1913: Way Clear For Frank Battle, The Atlanta Georgian

Reading Time: 10 minutes [1668 words]

Fight for New Trial to Open BeFore Judge Roan Next Wednesday Morning.

The way was cleared Saturday for the actual beginning of

the fight over the motion to give Leo M. Frank, convicted of the

murder of Mary Phagan, a new trial. The battle will open before

Judge Roan Wednesday with both sides primed for a vigorous

contest in which charges against jurors accused of bias will play a

large part.

The defense, headed by Luther Z. Rosser, relies in large part

on the evidence showing that Juror A. H. Henslee expressed

violent animus to Frank before the trial opened, winning a new

trial for the prisoner. Scores of affidavits will be introduced to

uphold the character of the witnesses who swear that Henslee

said he was sure Frank was guilty and would like to see him

hanged.

On the other hand, the State will be prepared to assail a

number of these witnesses, and will try to show through Henslee

himself that the sentiments against Frank were expressed after

the trial.

Will Exchange All Papers.

Wednesday, as had been announced in Georgian, was

formally fixed for the opening of the arguments by Judge Roan

Saturday. At the same time the defense and State agreed to

exchange all new papers in the case. A number of important

documents, it is said, have not yet been made public.

In the discussion of the case Mr. Rosser made the offer to

exchange all new affidavits for the new papers in possession of

the State, and Solicitor Dorsey agreed.

While declaring that delay undoubtedly would benefit their

client, Luther Rosser, for the defense, urged that the motion be

brought to a speedy hearing.

He pointed out that he had been neglecting his civil business

for the Frank case, and said that if the fight over the new motion

were not disposed of by Monday a week he would have to ask

that it be put over so that he could take up some of his other

work.

Roan Urges Haste.

If that was impossible, he wanted the case to be put over

until December.

Judge Roan interrupted with the remark that he was anxious

to pass on the case as quickly as possible, and would be against

any delay until December, and the same sentiments were

expressed by Solicitor Dorsey.

The Solicitor pointed out that he had given every moment of

his time to preparing his answer to the lengthy plea filed by the

defense, and that he would continue to do everything toward

hastening the hearing.

PAGE 1, COLUMN 5

SPARTA CITIZENS ATTACK FRANK TRIAL JUROR

Declare Henslee's Statement That He Made Alleged Remarks After Trial Is Wrong.

Another shot was fired Friday at A. H. Henslee, one of the

Frank jurors accused of bias and prejudice.

The fresh attack came from Sparta residents who were

aroused to indignation by the statement of Henslee that he made

the remarks they credited to him since and not before the trial.

They denied Henslee's declaration in a communication forwarded

Wednesday to Frank's attorneys, and asserted they had not seen

Henslee since the trial.

Their reply to Henslee's defense was much to the same

effect as that of Nunnally and Ricker, of Monroe, who said Henslee

had not been in town since the trial, so far as they knew, and that

Henslee's remarks denouncing Frank therefore must have been

made to them before Henslee became one of the jurymen.

Movements Traced.

The accused jurors' movements have been carefully traced

before and after the trial. Agents acting for the defense have

been assisted in this materially by the recovery of carbon copies

of orders taken by Henslee, who is a travelling salesman.

Marcellus Johenning, another juror charged with bias, was in

a brief conference Friday with Solicitor Dorsey. He signed a

deposition denying all prejudice. H reiterated his declaration of

several weeks ago that he never had expressed any opinion of

Frank's innocence or guilt before the trial, and that the lawyers

for the defense would not be able to substantiate their charges.

The Solicitor said he rapidly was completing his work in

preparation to argue against the motion for a new trial.

Frank Spends Time Reading.

He will be ready to present his objections Wednesday. He

made arrangements to confer with representatives of the defense

at 3 o'clock Friday afternoon for the purpose of checking up on

the brief of evidence.

Frank, who assisted his lawyers during the hardest of the

work in preparation for arguing in behalf of a new trial, now has

less to occupy his attention, and is spending much of his time,

when his relatives and friends are not visiting him, in reading and

studying.

The way was cleared Saturday for the actual beginning of

the fight over the motion to give Leo M. Frank, convicted of the

murder of Mary Phagan, a new trial. The battle will open before

Judge Roan Wednesday with both sides primed for a vigorous

contest in which charges against jurors accused of bias will play a

large part.

The defense, headed by Luther Z. Rosser, relies in large part

on the evidence showing that Juror A. H. Henslee expressed

violent animus to Frank before the trial opened, winning a new

trial for the prisoner. Scores of affidavits will be introduced to

uphold the character of the witnesses who swear that Henslee

said he was sure Frank was guilty and would like to see him

hanged.

On the other hand, the State will be prepared to assail a

number of these witnesses, and will try to show through Henslee

himself that the sentiments against Frank were expressed after

the trial.

Will Exchange All Papers.

Wednesday, as had been announced in Georgian, was

formally fixed for the opening of the arguments by Judge Roan

Saturday. At the same time the defense and State agreed to

exchange all new papers in the case. A number of important

documents, it is said, have not yet been made public.

In the discussion of the case Mr. Rosser made the offer to

exchange all new affidavits for the new papers in possession of

the State, and Solicitor Dorsey agreed.

While declaring that delay undoubtedly would benefit their

client, Luther Rosser, for the defense, urged that the motion be

brought to a speedy hearing.

He pointed out that he had been neglecting his civil business

for the Frank case, and said that if the fight over the new motion

were not disposed of by Monday a week he would have to ask

that it be put over so that he could take up some of his other

work.

Judge Roan Urges Haste.

If that was impossible, he wanted the case to be put over

until December.

Judge Roan interrupted with the remark that he was anxious

to pass on the case as quickly as possible, and would be against

any delay until December, and the same sentiments were

expressed by Solicitor Dorsey.

The Solicitor pointed out that he had given every moment of

his time to preparing his answer to the lengthy plea filed by the

defense, and that he would continue to do everything toward

hastening the hearing.

Dorsey and Leonard Haas, of counsel for the defense, began

Friday a review of the record of the case to check up on all the

evidence briefed by Frank's lawyers. Due to pressure of other

business, Mr. Haas was unable to continue the work Saturday, but

arranged to resume the conference Monday morning at 9 o'clock.

Sixty pages of the 400 were gone over the first afternoon,

minor alterations and additions being made at the suggestion of

the Solicitor. Practically all of the of the remaining time before the

hearing will be occupied in this work, and it is problematical if it

will be concluded satisfactorily by Wednesday.

PAGE 3, COLUMN 4

WAY CLEAR FOR FRANK BATTLE

Fight for New Trial to Open Before Judge Roan Next Wednesday Morning.

The way was cleared Saturday for the actual beginning of

the fight over the motion to give Leo M. Frank, convicted of the

murder of Mary Phagan, a new trial. The battle will open before

Judge Roan Wednesday with both sides primed for a vigorous

contest in which charges against jurors accused of bias will play a

large part.

The defense, headed by Luther Z. Rosser, relies in large part

on the evidence showing that Juror A. H. Henslee expressed

violent animus to Frank before the trial opened, winning a new

trial for the prisoner. Scores of affidavits will be introduced to

uphold the character of the witnesses who swear that Henslee

said he was sure Frank was guilty and would like to see him

hanged.

On the other hand, the State will be prepared to assail a

number of these witnesses, and will try to show through Henslee

himself that the sentiments against Frank were expressed after

the trial.

Will Exchange All Papers.

Wednesday, as had been announced in Georgian, was

formally fixed for the opening of the arguments by Judge Roan

Saturday. At the same time the defense and State agreed to

exchange all new papers in the case. A number of important

documents, it is said, have not yet been made public.

In the discussion of the case Mr. Rosser made the offer to

exchange all new affidavits for the new papers in possession of

the State, and Solicitor Dorsey agreed.

While declaring that delay undoubtedly would benefit their

client, Luther Rosser, for the defense, urged that the motion be

brought to a speedy hearing.

He pointed out that he had been neglecting his civil business

for the Frank case, and said that if the fight over the new motion

were not disposed of by Monday a week he would have to ask

that it be put over so that he could take up some of his other

work.

Roan Urges Haste.

If that was impossible, he wanted the case to be put over

until December.

Judge Roan interrupted with the remark that he was anxious

to pass on the case as quickly as possible, and would be against

any delay until December, and the same sentiments were

expressed by Solicitor Dorsey.

The Solicitor pointed out that he had given every moment of

his time to preparing his answer to the lengthy plea filed by the

defense, and that he would continue to do everything toward

hastening the hearing.

Dorsey and Leonard Haas, of counsel for the defense, began

Friday a review of the record of the case to check up on all the

evidence briefed by Frank's lawyers. Due to pressure of other

business, Mr. Haas was unable to continue the work Saturday, but

arranged to resume the conference Monday morning at 9 o'clock.

Sixty pages of the 400 were gone over the first afternoon,

minor alterations and additions being made at the suggestion of

the Solicitor. Practically all of the of the remaining time before the

hearing will be occupied in this work, and it is problematical if it

will be concluded satisfactorily by Wednesday.