Atlanta Georgian., 1913-10-05

in the records of the people who
swear that Henslee and Johennfng
expressed their opinions before the
trial will be used in his protest
against the granting of a new trial,
and the Solicitor also probably will
present affidavits from each member
of the jury denying wholly and in
part the afiidavits upon which the
defense based its motion. Ahidavits
by which the Solicitor will seek to
prove that the jury knew nothing of
the state of mind of the crowd about
the courthouse during the trial and
that the jurymen did not hear the
shouts and anti Frank deSnonstra-
tions, will also be secured.
While Solicitor Dorsey and Assist
ant Stephens are trying to undermine
and destroy the contentious contained
in the motion already on file, Attor-
neys Rosser, Arnold and Haas, for the
defense, will continue their hunt for
new evidence by which they hope 20
show that Frank did not have a fair
trial. 1t Is said that his quest for ad
ditiOnal evidence of prejudice on the
part of the jury will extend to New
York and to other portions OF the
country
was covered by the defense in the nu-
merous affidavits and depositions
filed by Franks attorneys. Some of
the affidavits asserted that the cheer
ing and anti Frank demonstrations
were perfectly audible in the court
room and could easily have been
heard by the jury: others cited cer-
tain incidents which the defense de-
clares proves that the jury was not
properly guarded, and still others at
tack Jurors Henslee and Johenning,
declaring that they frequently ev-
pressed their CovictiOn of Frank
guilt before the trial.
The dispositions regarding the
cheering and demonstrations AMI
charging the jurors talked to certain
people during the progress Of .hA
trial We're made by II. G. Loevenharr,
Mrs ]. G. LOevenhart, Miss Miriam
Loevenhart. s. Aron. Mack Farkas.
r. L. Gremer. J. J. Nunnally. w. l..
Picker. J. A. Lehman, Samuel Boor-
stin. Mrs. \. Shurman, Sampson Kay.
3. N. Kay, Miss Martha Kay Charles
G. Moore w. B. Cate. ]. H. G. COch
ran and H C. Williams.
Eight affidavits allegino that Jurors
Henslee and Johenning made remarks
showing prejudice against Frank were
filed. They were made by c. p.
Slough. of Atlanta: John NJ. Holmes.
Shi GRAY and s. NJ. Johnston, Of Spar
Ia: r. l.. Gremer and Mack Farkas.
of Albany: Julian A. Lehman and
Sam Aaron, of Atlanta These affi-
davits relate in detail conversations
and discussions of the Frank case IN
which Henslee and JOhenning are al
legged to have taken part. Henslee IS
charged in an affidavit by Samuel
Aaron with having declared at the
Tlks' Club in Atlanta two DAYS after
Frank was indicted that Il am glad
they indicted the --- -- - Jew.
They ought to take him out and lyncn
him. and if l get on the jury ! will
hang that Jew sure!"
Johenning is charged by Mrs J. G.
LoeVenhart. Miss Miriam LoeVenhart
and H c. Loevenhart with having
EXPRESSED "forciblv and positively his
opinion that Frank was guilty. Juror
Henslee is charged also with having
shown prejudice against Frank in
converse tions at Albany. Ga. and
Sparta. Ga, before he was selected
for the jury.
Henslee. in an interview given ont |
last Friday. declared that the eight |
affidavits filed against him are It's /
sue of lies from beginning to end. He
denies expressing his views on the
Frank case and probably VIII en-
body his statements of innocence in !
an affidavit for the use OF Solicitor |
Dorsey.
Attorneys for the defense have an |
nounced that in the event that Judge !
L. S. Roam denies the motion for a !
new trial and again sen ences Frank |
to be hanged, the case will be carried |
at once to the Supreme Court of !
Georgia. In the event Of an unfavOr-
able decision from that tribunal il is |
likely that the case will be appealed |
70 the Supreme Court Of the United |
States on me teChnic llity Of law
that will insure a hearing.
Frank was originally sentenced 10 !
hang on October TO- but the motion
for new trial and the prospect Of an |
immediate appel 10 he supreme
Court act az a stay Of sentence in
definitely.