Wednesday, 29th October 1913 Arnold Branded With Falsehood By Hugh Dorsey

Reading Time: 9 minutes [1509 words]

Advises Lawyer for

Defense

to Take Purgative to

Rid

His System of Some

of Its

Miasma.

DIRTY TACTICS

CHARGED

BY SOLICITOR

GENERAL

Dorsey's Speech Is

Concluded.

Rosser Will Make

Address

Today and the Case

Then

Goes to the Judge.

With a blistering attack upon Rube Arnold, in which the

attorney was accused not only of deliberate falsehoods, but of

having lost through his activity in the Frank case the public

esteem and appreciation of the people of Georgia, Solicitor

General Hugh M. Dorsey concluded his stirring argument in the

Frank hearing late yesterday afternoon.

Mr. Arnold has made charges against me and against Judge

Roan that are deliberate falsehoods. He happens not to be in the

room at this time. I wish he were. I therefore, ask you, Mr. Rosser,

as his colleague, to deliver to him this message which I am going

to send.

Mr. Rosser, who was sitting only a few feet distance, arose

and turning so that he faced both the solicitor and Judge Roan,

said:

I'm no tale bearer. IF you have anything to say of Mr.

Arnold, I think it would be more appropriate to say it to him in

person. Please do not consider me a slander courier.

Sends Message to Arnold.

Then, continued Mr. Dorsey heatedly, I'll say this much as

advice to Mr. Arnold. If I were in his place, I'd take a purgative and

get rid of some of the miasma and putrefaction that rankles in his

system.

he needs even more. He needs a drastic cathartic. I am

sure that if he would turn his back on a little of the money the

Brooklyn friends and relatives are putting up for Mr. Leo M. Frank,

that he would clean his mind and soul of the fire and fury therein

that are being paid to blaze.

The community will not hold the lofty opinion it has held of

Mr. Arnold until he does this. Mark my prediction! The public he

has maligned and abused knows enough, that where the defense

has been dirty in its tactics that the prosecution has been clean.

The charge that the public has lost its head, and that you,

your honor, and I , and the detectives, have lost and that a clean

and wholesome jury was perjured is so diabolical that I am sure

your honor will not even consider this motion for a new trial. The

public mind does not. I am sure you will not.

These were the final words of the solicitor's argument which

extended less than an hour more than a day.

Rosser Promises Attack.

When he had finished, Mr. Rosser arose from his seat for the

second time. As the solicitor took his seat, Rosser said:

If Dorsey means to assert that I am not going to say he has

done dirty things in this case, he is terribly mistaken, for I am

going to say it. And, it might be well to mention that I have ample

evidence to substantiate such accusation I make.

Before other words could be Judge Roan adjourned the

session until Wednesday morning at 9 o'clock, when Mr. Rosser

will begin his speech. To a reporter for The Constitution, Mr.

Rosser said that he hardly thought his argument would last over a

day"less, in all probability.

The most of Solicitor Dorsey's speech Tuesday was devoted

to citations of law upholding his attacks upon the four upholding

his attacks upon the four grounds of the defense's motion which

he chose to combat. These particular grounds were those based

upon demonstrations of the crowds at the trial. Conley's

testimony, Judge Roan's charge and upon alleged jury prejudice.

The room in which the hearing was held was filled with a

young law library. Not less than 200 cases were recited during the

course of his speech, each tending to uphold the solicitor in his

various arguments. He was assisted by E. A. Stephens, who is

associated with him in the solicitor's office.

Defense Accuses Everybody.

The defense, he said in part, finds cause to accuse almost

everybody within range of everything from neglect of duty to

wrong-doing of all conceivable kinds. They accuse your honor, my

friend Hooper, myself, the detective department and every man

on the sheriff's staff.

Why is it? It is purely this"this and nothing more: They

have lumbered all this mass of stuff in here merely as some

excuse to ask your honor to set aside a verdict which he

conscientiously known is correct and capable of withstanding any

storm that might brew in the future.

But such tactics are only in keeping with every other thing

they are doing. There is absolutely no justification for this motion.

They have no grounds and they know it. That is the pathetic thing

about the whole business"to watch the defense beating around

in the dark like snipe hunters, doing every possible thing to find

something on which they might be able to base a desperate

plea.

Why, just look how ridiculous some of these pieces of

evidence are"the Sam Boorstein affidavit, for instance. Colonel

Samuel Boorstein, lawyer. He swears he saw a juror put his head

out of a window at Kimball house. Poor juror. Poor Colonel

Boorstein. It is the most absurd proposition I have ever heard of.

There isn't a ground in the entire motion that has to it even

a semblance of merit. I know it, your honor knows it, and the

poor, desperate defense knows it. If the defense wasn't composed

of such capable law-

Continued on Page Five.

PAGE 5, COLUMN 5

ARNOLD BRANDED

WITH

FALSEHOOD

Continued From Page

One.

yers as Meessrs. Rosser and Arnold, why, your honor wouldn't

take the pains to listen to it.

Sanctions Red-Handed Crime.

If you accept the kind of policy the defense would have you

accept, your honor will be literally sanctioning red-handed crime

and giving freedom to criminals. If they had shown credible

evidence by unimpeachable witness, they might have had a

chance for a new trial But knowing the evidence and

circumstances as does your honor, you cannot possibly do

anything toward granting their wish.

If you disqualify jurors on such flimsy evidence as has been

produced by the defendants, you will have a hard time ever

getting a jury in the future"in some cases, many, I'm afraid"

you'll never get one. It will be an impossibility.

Let me tell you something: There isn't a man in the state

more honorable and peaceful than these men. Johenning and

Henslee. And, in saying this, I include every man from the

governor down. Is it any wonder that when such men as these

are allowed to be attacked that the people are growing to hold

the court and law in contempt?

Now, let me say this much, and I say it with all sincerity and

feeling: If this man Johenning and this man Henslee have done

what the defense accused, they ought to be sent to the

penitentiary. For, if such is the case, justice is a fraud and court

trial a farce. Consider it a moment. The you'll agree that I am

right.

Militia Will Be Necessary.

If your honor would do such a thing as grant a new trial on

the ground of demonstrations and outbreaks of the crowd, then

he will permit things to come to such a pass where it will be

necessary to muster out the military to keep guard. We will have

court in the future at the point of bayonets and loaded guns.

Regarding your honor's charge on which is based one of the

grounds for a new trial, I do not think it necessary for me to dwell

at all. They do not necessitate combat. I have enough confidence

in your honor's knowledge of law and in his discretion. I will not

give dignity to this ground by making reply.

To tell the truth, I believe that this ground was inherited in

the motion to give bulk and for purely no other reason. You can

readily see that such is the case in almost all the other grounds.

PAGE 5, COLUMN 6

KNIGHTS OF

PYTHIAS

WILL CONVENE

TODAY

All Lodges in the Fifth

Georgia

Congressional District

Will

Gather in Atlanta

The annual convention of the Knights of Pythias of the fifth

district, which includes all the lodges within the fifth congressional

district of Georgia will be held today at the Knights of Pythias Hall,

in the Kiser building.

At 3 o'clock a meeting of the delegates from the various

lodges in the district will be held for the purpose of reorganization

and the election of district officers for the coming year, and to

transact routine businesses.

At 8 o'clock in the hall a Pythian rally will be held, to which

all Knights of Pythias have been invited, whether in good standing

or not. The rally is to be a general get together meeting, and an

effort will be made to re-enlist all members who, for various

reasons, have ceased to be actively connected with the order.

Practically all of the grand officers of the state are expected

to attend the rally, and speeches will be made by all of the grand

officers present and by several local Pythians of high rank.

Supreme Chancellor Thomas J. Carling, of Macon, the head of

the entire order, has been invited to attend, and will probably

make an address before the meeting.

Past Grand Master Milan, of Cartersville, and Hamilton

Douglas, past chancellor and past supreme representative of the

order, and Troy Beatty, of Athens, grand prelate; Past Chancellor

Shepard Bryan, Miller Bell, of Milledgeville, present grand

chancellor; H. M. Stanley, of Dublin; Grand Vice Chancellor Joseph

P. Smith; Past Grand Chancellor James W. Austin, Attorney Frank

Hooper and Joseph P. Smith will make short addresses.

Refreshments will be served during the evening, and an

orchestra has been engaged to furnish music.

PAGE 12, COLUMN 2

PROFESSIONAL

CARDS

P. H. Brewster, Albert Howell, Jr.

Hugh M. Dorsey, Arthur Heyman,

Dorsey, Brewster, Howell &

Herman,

Attorneys-at-Law.

Offices: 202, 204, 205, 206, 207,

208, 210

Kiser Building, Atlanta, Ga.

Long-Distance telephone 3022,

3024,

and 3025, Atlanta, Ga.