Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-23

differently on the stand, at least, diff
ferently in many particulars; that II
could not help the jury for Conley to
Illustrate his last affidavit when he
said on the stand that much of it was
lie and didn't happen at all, and
that this evidence was Of another
transaction and not binding on the
defendant. The reason was approved
by Judge Roam.
Attorneys Rosser and Arnold main
tanned that Pickett's testimony should
be allowed to stand as a reason to be
argued for a new trial, in that it was
palpahly immaterial evidence en-
ployed to impeach the testimony Of
the Mcknight woman. This ground
was approved after slight revision by
Judge Roam.
In a. discussion of the nature of the
applause during one Of the outbreaks
in the trial, Solicitor Dorsey took
sharp and indignant issue with Judge
Roam, asserting that it 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
onstration
Il can give my opinion if l wlsh,"
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
iect of animated argument Almost
the entire forenoon was given over TO
fight by Franks attorneys to estab-
fish as reasons for a new trial the
admission by Judge Roam of all the
mass of evidence which sought TO
prove Frank q pervert and a degen
crate of the worst type.
Throughout the hearing the law
vers for Frank made ground after
ground for new trial upon the at
lacks that had been made by the So
lcitor 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 dutSliOII dshtd u NAlt ot-
licitor during the trial which sought
10 elicit answers derogatory TO
Franks character and moral conduct
entered into the numerous reasons tor
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 ConleT; the alleged bias of
,.-ty tg-,, tn, tl,.
courtroom are the three grounds for a
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 heated argument at the outset
OF the hearing between Solicitor Dor
sey and A. e. 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
Frank, was not present when the
hearing resumed in the little ante
room off the library in the State Lii
orary.
Attack Girls Testimony.
Miss Jackson's testimony was taken
up in the forty third reason. The
court was declared in error because
Miss jackson ha6 ! zen permitted Il
tell of alleged particular acts OF i'm
morality on the part of Frank which
had nothing 10 do with the crime 81
murder
Dorsey maintained that absolutely
no objection had been made at thC
time. Arnold and Haas replied that g
blanket or omnibus objection hac
been made while Ashley Jones was o.
The stand from which a ruling came
that all testimony of this class SHOULD
be regarded as objected to.
Defense Wins Again.
Judge Roam decided in favor o
Arnold and Haas, remarking tina
he testimony of Miss Jackson, which
mad to do with Franks conduct II
the ladies dressing room on tn
fourth floor, seemed to be covered b,
the objection to the cross question
ing of Jones, and also to the direc
examination of c. b. Dalton, one o
the States witnesses
The forty sixth reason Contende'
that the court erred in letting In IN
questions of the Solicitor when Mis-
Lula Mcdonald was on the stand
Miss Mcdonald was asked If she wa
aware that Frank on the Saturda,
previous TO tne UuEuti lldN bSSh HVNl
on a car to Hapeville in company wit
Young girl whom he sought to per
suade 10 leave the car with him. Tn
witness denied that she knew of an,
such circumstances, but Franks law
vers commended that the questions, re
gardless of the answers given. tende
TO place in the minds of the juror
an unfavorable conception OF the de
PENDANTS character. cirCumstanc
ev'-or1elv nreiudiCial to his case. IN
reason was approved by Judge Roar
BOYS Story Called Unfair.
he forty seventh ground, based o
rse testimony Of Willie Turner, ais
as approved as basis OF argumen
Turner testified that he saw Fran
talking with Mary Phagan som
."eeks before the murder and tn
defense objected on the ground tina
, the Solicitor unfairly was seeking
build up in the minds OF the juror
the conviction that Frank for som
time previous to the pencil factor
tragedy was making persistent on
deavors to become intimate with IN
girl a suspicion which was unjus
IN view OF the meager evidence.
The forty eighth reason was with
drawn hy Attorney Arnold beCauS