Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-23
ATTACK On JUROR HENSLEE
Al ONE ENOUGH To WIN, IS.
BELIEF Of FRANK DEFENSE:

! had more than score OF afidavits
TO submit from reputable and promi-
nent persons in Atlanta. Sparta and
| Monroe, VINO swore that they had
| heard Henslee before the trial bitter
| ly denounce Frank and declare that
| if he was called as a juror he would
| do his best to break his CF'rank's)
neck"
| Dorsey Full OF Fight.
Solicitor Dorsey went into the
hearing Thursday prepared to con
| cede nothing and determined to fight
every inch Of the way against the
| accusations Of bias and prejudice.
He was fortified with afidavits from
Henslee and Johenning testifying to
their own lack Of bias when the trial
started and with ahidavits from
| other members of the jury who swore
| that during the 20 days of the trial
| they never heard Henslee or Johen-
! ming utter IA word that Indicated their
| opinions were for or against the de-
| PENDANT.
| Reuben Arnold made the startling
charge just before the close of the
| first days session that it was the
| crowd, and not the judge and jury,
who ran the Frank trial.
The discussion was on reason 49,
which narrated that during Attorney
Arnold's examination of one of the
witnesses the spectators laughed in
derision when he failed to elicit the
answers desired
1T seemed as though | was the
rom gTIIr pf the trial - nhGarUaH Ar
mold. Il never knew | was so funny
until that trial took place. Nearly
every time | jumped up there was a
hostile guffaw somewhere back in the
audience"
The defense, in outlining its rea-
son, held that the judge should have
cleared the court or taken other rad
ical steps to put a stop to the dem
opstrations. Threats of clearing the
courtroom were not sufficient as the
succeeding disturbances. handicap
ping and other demonstrations evil
denCed," the reason read
Solicitor Dorsey, Directing to this
reason as he did to practically every
one that was offered, insisted that
the dialogue between lawyer and wit
ness which was taking place at the
time of the laughter be entered, so
as to show the real cause of the
merriment.
That's all right, let it go in ac-
guessed Arnold, Il just wanted to
show that 1t was the spectators who
were running the court and not the
judge and jury"
The transcript of testimony at this
point was entered in the reason in
accordance with the wishes of the
Solicitor.
Judge Roam hurried the lawyers
along in the afternoon session and
more than twice as many of the rea-
sons We're taken up and passed on
as in the forenoon. The majority of
the reasons, most of them with slight
revisions insisted upon by the Solic-
itor, were approved by Judge Roam.
Others were dismissed from consld-
GRAFTON temporarily to be taken up
later when the Solicitor had been
able to investigate them carefully by
comparison with the records of the
case.
Judge Tells of Applause.
One of the most significant events
OF the hearing came in the certihca-
ton by Judge Roam of the descrip
ton of the applause in the courtroom
when ii was announced that the tes-
timony of Conley in regard to al
legged acts of immortality on the part
of Frank should remain in the record,
Judge Roam certified that 1t was his
recollection that there was applause
and stamping of feet and that there
was a demonstration which easily
could have been heard by the jurors
who were in an adjacent room.
This Certification on the part OF the
judge is regarded as highly favorable
to the prospects for a new trial. Even
should "A new trial be denied by Judge
Roam. the Supreme Court will not be
compelled to go behind the statement
of facts. as would be necessary in the
event that the possibility of the iu-
rorS' hearing the demonstration was
merely a contention OF the defense,
unsupported by The courts certihca.
fi0p