Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-26
Curious Crowd Barred While the
Lawyers Grow Personal in En-
counters on More Than One
Hundred Technical Points.
Dorsey and Rosser Clash-Jurors
Are Attacked by the Defense.
Alleged Prejudice Of Specta-
tors at the Trial Brought Up,

An uncompromising attitude was
struck by Solicitor Dorsey and the
States forces at the very first of the
hearing on the motion for a new trial
for Leo Frank, convicted of the MUIR
der of Mary Phagan, and was main
tanned until the close of the hearing
Saturday.
The Solicitor, conscious that the ad-
vantage lies with the State, at times
laughed at the arguments of Luther
Rosser and Reuben Arnold, attorneys
for the defense At times, however
he fought back bitterly, particularly
when Franks lawyers attacked his
personal behavior.
Ali anticipations of sensation in
the hearing were blasted. The de-
Tense offered lis counts in the petit
ton for a new trial and on almost
every point exhaustive arguments
were offered by the lawyers for
Frank Altogether, the hearing was
tedious throughout.
Curious Crowds Barred.
There was nothing spectacular IN
the setting. Judge l.. r. Roam heard
the lawyers in the State Library at
the Capitol. Curious crowds were re-
fused admission. There were only
newspaper men, a dozen lawyers and
a few other persons vitality interested
in the case.
ho IF IN
legal debate was enlivened by a show
of spirit, as when Luther Rosser de-
clared that it was the prejudiced
crowd of spectators, and not the judge
and jury, that conducted the trial Of
Leo Frank The statement came in
defense of the argument that the
demonstration by the courtroom
crowd was basis sufficient for a new
trial.
Solicitor Dorsey laughed. However,
he objected strenuously enough when,
d little later, the lawyers for the de-
tense requested Judge Roam to certify
to the fact that there was consider
able demonstration by spectators, and
that at one time it could easily have
been heard by the jury in the next
room.
Judge Roam complied with the re-
quest, and told, for purposes of record,
Of the applause, and thus telling
point in favor of the defense was
scored.
Fieht Over Jurors Bitter.
The most bitterly fought contest of
the entire hearing came over the dec
lara ton of the defense that Jurors
To- Iol7 nj Hens
lee were prejudiced against Frank
before the trial began. The state
ment was backed by showing
made by a special agent of Luther
Rosser, who had visited the towns 90
which Henslee usually goes In the
course of his work as traVeEns
salesman. The agent, c. w. BURKE,
offered in evidence hummer 81
sworn statements that Henslee, De"
fore the trial, had been heard TO eN-
press his belief in the guilt or FRANK
and his desire to help convict him.
Argument on this point WaXed
heated between the defense and the
State All the time Judge Roam care
fully noted the points made, as ne ulG
in the argument on every count An
these points will be studied exhaust
lively before his decision is announced
Judge Roam had work during the
trial in reprimandlng the opposlhS
lawyers occasionally for their person
al debates. Once, especially, at the
very first Luther Rosser fiared out:
Opposing Lawyers Clash.
You would kill man on the dot.
ting Of an a. or the crossing OF t,
he told the Solicitor, in the course OF
mis- argument that the State Is en-
deavorirg to convict Frank on any
pretext whatever.
And you" the Solicitor retorted,
are making a mountain out OF
molehilI"
Mr.. Dorsey was always aggressive,
and particularly when the lawyers TOT
the defense spoke thus of his per-
sonal conduct OF the case.
Among the details of the trial 10
which objections were entered by the
defense were:
The admission Of the States care
fully marked diagram as evidence.
The admission Of certain testimony
by Detective John Black.
The most strenuous fight by Luther
Rosser, Reuben Arnold and Herbert
Haas, for the defense, was waged
about the question OF the Solicitor
tending to show Frank a degenerate
That none of this should have been
admitted as relevant was the conten-
ton of the defense. Success greeted
lneir efforts in one or two details oil
this sort of testimony, and Judge
Roam supported the lawyers for the
defense in, regard to such questions
asked of Miss 1ssl}s Jackson, one OF
taS wjtpAsseA.