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

/ Solicitor Dorsey went into the
| cede nothing and determined to fight
every inch of the way against the
| accusations Of bias and prejudice.
| He was fortified with affidaVits 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 20 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 3S,
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.
ut 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 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 a stop to the dem
onstrations. Threats of clearing the
courtroom were not sufficient as the
succeeding disturbances, handicap
ping and other demonstrations evil
denCed," the reason read.
Solicitor Dorsey, objecting 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-
guessed Arnold. Il just wanted to
show that ii 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 VITA slight
reVisons insisted upon By t.e SoliC-
itor, were approved by Judge Roam.
Others We're dismissed from Consid-
GRAFTON temporarily to he 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 certifica-
ton by Judge Roam of the descrip-
ton of the applause in the courtroom
when 1t 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 demonstration which easily
could have been heard by the jurors
who We're in an adjacent room
This certification on the part of the
judge is regarded as highly favorable
to the prospects for a new trial Even
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 ju-
rors' hearing the demonstration was
merely a contention of the defense,
unsupported by the courts certifica
ton