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

I every time | jumped up there was "a
| hostile guffaw somewhere back in the
audience"
| The defense, in outlining its rea-
son, held that the judge should have
| cleared the court or taken other rad
ical steps to put stop to the dem
constructions. Threats Of clearing the
courtroom were not sufficient as the
succeeding disturbances, handicap
ping and other demonstrations evi-
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 WITT
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 and 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 were 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
able to investigate them carefully by
comparison with the records Of the
case.
Judge Tells Of Applause.
one Of the most significant events
of the hearing came in the cnrtitica-
ton by Judge Roam of the descrip-
ton Of the applause in the courtroom
when ii 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 ii 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
TO the prospects for a new trial Even
should a 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 contention Of the defense,
unsupported by the courts certifica.
ton
All Of the grounds bearing on Con-
ley's testimony which had to do with
the alleged acts of perversion also
were admitted as bases of argument
in the move for "A new trial. Practi-
cally all of the reasons We're subject.
ed to slight amendment at the sug-
gestion of the Solicitor, but were not
vitality altered.
Dorsey insisted upon notation in all
OF the paragraphs to the effect that
no objection to Conley's testimony
along this line was made by the law
yers for the defendant until the negro
had been under cross examination for
a day and a half
Attack Miss Halls Testimony.
The defense succeeded in getting
into the reason the statement that
the cross examina ton had been along
other lines than Franks alleged per-
version, and that this phase never had
once been touched when the objection
was made during the cross examina =
ton.
Franks lawyers also held that the
court was in error in not permitting
Miss Hail. the stenographer, to tell
that Frank called her on the tele-
phone the morning of the murder and
Informed her that he had enough
work for her to keep her busy all day
in permitting the Solicitor to question
Philip Chambers, an office boy at the
pencil factory, in regard to purely
suppositious conversations witt
Frank in which Frank was said "a
have threatened the boy with dismiss
sal, and in not severely rebu<ing the
Solicitor for this line OF questioning
and in permitting testimony which
left with the jury the impression that
pay had been withheld from this
Pinkerton OPERATIVES in order that
their testimony on the stand might be
favorable To he defense an as IA got