Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-24
Continued From Page 1.

dnO indignant issue Win JouSV
Roam asserting that 1t was not in
the province of the Judge to give his
opinion as to whether 1t was possible
for the Jurors to have heard the dem
onstraton
81 can give my opinion If l wish"
retorted the judge. The matter was
compromised by the qualification that
this possibility was Commended"
Indications Thursday were that the
review of the 115 reasons would hard
ly be completed by night. 1t is un-
likely that the arguments will begin
before Friday noon. They Will re-
quire at least one day.
The character OF Frank a burning
issue during his trial for the murder
of Mary Phagan, again was the sub
1ect of animated argument. Almost
the entire forenoon was given over TO
a fight by Franks attorneys to estab-
lish as reasons for a new trial the
admission by Judge Roam Of all the
mass Of evidence which sought TO
prove Frank a pervert and a degen-
crate of the worst type,
Throughout the hearing the law
yers for Frank made ground after
ground for a new trial upon the at
lacks that had been made by the So
licitor upon Franks character. II
was apparent that the convicted
mans lawyers were confident that the
court had been led into an error by
admitting testimony of this sort.
Each Question Commended.
Every question asked b. the So
iicitor during the trial which sought
to elicit answers derogatory 10
Franks character and moral conduct
entered into the numerous reasons TOR
a new trial.
The admission Of all the testimony
bearing on Franks alleged attitude
toward women and his reported acts
of perversion. particularly as testified
to by Conley; the alleged bias Of
jurors, and the demonstrations in tina
courtroom are the three grounds for
new trial on which the defense will
place the greatest stress in their
arguments. according to all indica
lions during the first two days of the
hearing.
The testimony of Miss Irene Jack
son. the pretty daughter of County
Policeman Jackson, formed the basis
of a heated argument at the outset
of the hearing between Solicitor Dor
sey and A. f. Stephens on one side
and Reuben Arnold and Herbert Haas
on the other, the attorneys for the de-
Tense coming off victorious.
Luther Rosser. chief of counsel for
hearing resumed in the little ante
room off the library in the State Lii
brary.
Attack Girls Testimony.
Miss Jackson's testimony was taken
up in the forty -third reason. The
court was declared in error because
Miss Jac''eon ha0 J zen permitted to
tell of aDeged particular acts of i'm
morality on the part of Frank which
had nothing to do with tho crime Of
murder.
Dorsey maintained that absolutely
no objection had been made at the
time. Arnold and Haas replied that a
blanket or omnibus objection had
been made while Ashley Jones was on
that all testimony of this class should
be regarded as objected to.
Defense Wins Again.
Judge Roam decided in favor of
Arnold and Haas, remarking that
the testimony of Miss Jackson, which
had to do with Franks conduct in
the ladies' dressing room on the
fourth floor seemed to be covered by
the objection to the cross question
ing of Jones, and also to the direct
examination Of c. B. Dalton, one of
the States witnesses.
The forty sixth reason contended
that the court erred in letting in the
questions Of the Solicitor when Miss
Lula Mcdonald was on the stand
aware that Frank on the Saturday
previous to the murder had been seen
on a car to Hapeville In company with
a Young girl whom he sought to per-
suade to leave the car with him. The
witness denied that she knew of any
such circumstances. but Franks law
yers contended that the questions, re-
Eardless Of the answers given. tended
to place in the minds of the jurors
an unfavorable conception of the de-
PENDANTS character. a circumstance
extremely prejudicial to his case. The
reason was approved by Judge Roam.
Boys Story Called Unfair.
The forty-seventh ground, based on
the testimony OF Willie Turner, also
was approved as basis OF argument.
Turner testified that he saw Frank
talking with Mary Phagan some
,,-eeks before the murder and the
defense objected on the ground that
the Solicitor unfairly was seeking to
build up in the minds of the jurors
the conviction that Frank for some
time previous to the pencil factory
tragedy was making persistent en-
deavors to become intimate with the
g.. a suspicion which was unjust
So view of the meager evidence.
-he forty eighth reason was with
drawn by Attorney Arnold because
his objection MADE during the trial
TO the testimony or W. L. Murk, a
street car conductor, had been with
drawn. Murk had testified that he
met Daisy Hopkins one Saturday. and
that she told him she was on her way
to the pencil factory where she had
an engagement with the boss"
The Hopkins woman was a wit
ness during the trial, and her char.
acter and reputation were vigorously
assailed by the State.
Before the hearing was we'll under
way Attorney Rosser announced that
there were a number of affidavits
which he had not yet obtained, but
which he wished TO submit along with
the rest as soon as they were signed
He remarked that Solicitor Dorsey
had made the exchange OF affidayits
so late that he had not had the OPP
portunity to get four or five counter
affidavits which he knew were availa-
Bile.
With the review of the defense
grounds for a new trial more than a
third completed, II was regarded as
almost certain that the fight on the
Jurors would be precipitated some
Tina Tba,rSdaNy