Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-24

now were taking advantage IF it to
claim that their client would have
been mobbed or lynched had he been
there, when. as a matter Of fact,
there was no way of proving that
Flank might have received not even
a hostile demonstration.
A warm dispute arose oven this
contention, during which it developed
that the court was adjourned in the
midst of Dorsey's concluding argu-
ment Saturday noon to permit the
intense feeling to subside, and that
later Franks presence at the render
ing Of the verdict was waived by his
attorneys at the suggestion Of Judge
Roam himself Judge Roam had been
addressed by the editors of the three
Atlanta newspapers, militia officials
and the chief of the police depart
ment, and urged, il was claimed, to
take every precaution for the safe
guarding of the prisoner, against
whom there was Enthusiastically hostile
sentiment
The hostile sentiment against Frank
was emphasized in many of the rea-
sons advanced for a new trial To
most of them Judge Roam certified as
they were submitted. The trial was
taken from it's outset, and note made
Of every outbreak inside and outside
the courtroom The ovations received
by Solicitor Dorsey were described
infinitely, and the occasions of APP
plause and cheering inside the court
room when Dorsey scored a point
were stressed repeatedly.
Crowd Gets Signal.
Attention also was called 10 the
ieers and derisive laughter that met
many of the arguments of Frank $
lawyers From first to last Franks
counsel contended. it was most evil
dent tina, the defendant was not OBJ
tanning The fair and impartial trial
guaranteed by law. The jury was
coerced into giving a verdict of guilty
ana would have dared give no other
verdict, according to the defense
The climax, according to the rea
sons ACCOMMODATING the motion for d
new trial. came when the verdict was
rendered. Apprehensive of the mis-
conduct of the crowd, Judge Roam
bad cleared the courtroom before the
jurors entered to submit their ver-
diCt
While the verdict was being rem
dered the crowd was sgnaled that
Frank had been declared guilty, and
an instantaneous shout went up from
the large conCourse of persons out
side the courtroom, causing a dis
turbance SO great, Judge Roam certt-
fed. that he had some difficulty in
hearing the polling of the jury.
A crowd of shouting. cheering men
met Dorsey as he emerged victorious
from the courtroom, and as he made
his way across the street toward his
offices, members of the throng caught
him up and carried him on their
shoulders. This, Franks lawyers
commented, was ap impressive illus
tration of the temper OF the crowds
about the courthouse.
Judge Roan's charge to the jury
was carefully reviewed and several
points in 1t picked out TO employ as
grounds for a new trial. The court
was represented to be in error for
failing to charge the jury as to the
weight that should be given the tes-
timony of Conley, who confessed on
the stand that he several times pre-
NlouSlN Idu Sworn lAiS6ly. ne JuuSt
was accused of leaving the credibility
of witnesses of this sort entirely to
the jurors.
Wrong Conclusions Drawn.
The court also was said to be in
error because he had permitted Solic-
itor Dorsey and Attorney Frank
Hooper in their arguments to draw
Gnwarranted conclusions after these
conclusions had been objected to by
Rosser and Arnold. One OF the in