Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-23
ATTACK ON JUROR HENS[EE.
ALONE ENOUGH To WIN, IS.
BELIEF Of FRANK DEFENSE.

| 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 affidavits
so late that he had not had the OBJ
portunity to get four or five counter
affidavits which he knew were aVaila-
BILE.
With the review Of the defense's
grounds for new trial more than
third completed. it was regarded as
almost certain that the fight on the
jurors would be precipitated some
time Thursday.
The defense, to support their con-
tentions of bias and violent prejudice,
had more than a score of affidavits
to submit from reputable and promi-
nent persons in Atlanta. Sparta and
Monroe, VINO swore that they had
heard Henslee before the trial bitter
~ denounCe Frank and declare that
if he was called as a juror he would
do his best to break his (Frank's)
neck"
Dorsey Full of Fight.
Solicitor Dorsey went into the
hearing Thursday prepared to con-
cede nothing and determined to tight
every inch Of the way against the
accusations of bias and prejudice.
He was fortified with affldavits from
Henslee and Johenning testifying to
their own lack of bias when the trial
started and with affidavits from
other members OF the jury who swore
that during the 29 days of the trial
they never heard Henslee or Johen-
ming utter a 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 81,
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
comedian of the trial" observed Ar
mold. Il never knew | was so funny
until that trial took place. Nearly
every time | jumped up there was
hostile guffaw somewhere back in the
audience"
The defense, in outlining it's rea-
son.. held that the judge should have
cleared the court or taken other rad
ical steps to put stop to the dem
onstrations. Threats of clearing the
were not SuIlClp1ll DIS Inc
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-
| quiesced Arnold, Il just wanted to
show that it was the spectators who
were running the court sne 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 consid-
Grafton temporarily to be taken up
later when the Solicitor had been
|
/ comparison with the records of the
| case.
| Judge Tells of Applause.
| One of the most significant events
OF the hearing came in the certifica-
| ton by Judge Roam of the descrip-
ton of the applause in the courtroom
when il 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 it 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. Ever
should 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 jul
rors' hearing the demonstration was
merely a contention of the defense
unsupported by the courts certifica'
ton