Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-21
AFF|DAV|TS HIT
FRANK s PLEA
FOR RETR|AL
Thirty Witnesses Swear to Good
Character Of Accused Jurors
and Deny Influence on Jury.
Continued From Page l..

only cheering recognized as such was
heard in open court. until the last day
of the trial, when a burst of applause
followed the reading of the verdict
and was heard by the jurors as the
poll was being taken.
The jurors all professed to nave
been utterly ignorant of any cheering
except what was stated, and insisted
that what they heard could not have
had any effect upon their decision,
since it had been reached before the
real cheering was heard.
Heard No Demonstration.
As to the demonstrations in favor
of Dorsey, there were a dozen atti-
davts by jurors and deputies to say
that the jury was at such distance,
or in such a place. that only con-
fused and indistinct noise was heard.
One or two of the jurors fancied at
the time that there was fight in
progress somewhere.
c. +. Huber and A. +. Pennington,
deputies having charge Of the Frank
jury, contradicted the affidavit OF
Samson Kay for the defense, and
onstration of any kind the afternoon
of Friday, August %, or after the
noon hour Saturday, August %.
Perhaps the most interesting read
ing in the pile was Johennings own
account of the conversation related by
Mrs. Jennie g. Lovenhart and Miss
Miriam Lovenhart, in the course Of
which II was charged that he stated
a belief in Franks. guilt
T.. III lrrr
that he was talking of the case with
Mrs. Lovenhart and Miss Lovenhart
and they asked him what he thought
of it.
Il replied that by the papers they
have found him guilty already" says
Johenning. and added that | thought
Frank would have a hard time get
ting loose: that things didn't look
very bright for him"
Expressed 10 Opinion.
Johenning insists that he said no
more than that. and that he enter
tanned no fixed opinion at that time.
and did not arrive at a fixed opinion
until hearing the full evidence in
court.
T. w. MCCARTHY came to the sup
port of BEGINNINGS character, declar-
ing II good, and asserting he would
believe him on oath. Similar affidn-
Wits all warmly worded, were made
by DR. w. G. Robinson, o. II. Puck
EFT and r. n. Weaver
Quite an array Of complimentary
affidavits came from GAINESVILLE to
the support of A. II. Henslee. Among
them were those of w. H. Howard, ],
c. Collier, T. w. Cochran, p. l..
Gordy, J. E. Howard and c. Q, sum
mers. ]. d. Locnrtdge, fUrfnhrly of
douglas, Ga, professed to know the
Juror well and favorably,
An inkling of some plan OF the
Solicitor may be hidden in small
affidavit made by Joe Murray, clerk at
the New Albany Hotel. Albany, Ga,
He said that A. II. Henslee was
guest at that hotel the night OF June
.. and also registered there before
the noon meal September IS. 1913.
OF course, IL Henslee was not In Al
bany between those dates he could not
have made any statement about his
chance as a talesman.
Arnold and Dorsey Confer.
Reuben r. Arnold. of counsel for
Frank, and Solicitor Dorsey held
conference beginning at o'clock
Tuesday afternoon for the purpose of
coming to an agreement on the exact
grounds upon which the argument for
a new trial will be based. 1t was
expected that II theer were to be any
conflict between the opposing attor-
neys IL would develop on this ques-
ton.
Solicitor Dorsey is known to have
taken issue with the defense on
number of points as the affidavits
made public Tuesday Indicate He
will strenuously resist any effort on
the part of Franks lawyers to estab-
,ish that there was sufficient disor-
Ter or demonstrations in the court
room at any time either unduly to
influence or intimidate the jurors. He
already has answered this charge by
the atIidavits denying that there was
,heering in the courtroom at times
specified by the defense.
Judge Roam, before whom the argu-
nent will be heard Wednesday, will
be the final arbiter on the questions
which remain disputed by the attor-
aeys The hearing is scheduled to
begin at o'clock in Judge Bells
court on the first floor of the old
City Hall Building. Pryor and Hun
ter streets. Both sides are prepared
to go ahead with the arguments and
there appeared no probability of fur
cher delay. ...