Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-05

in the records Of the people who
swear that Henslee and Johenning
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 atiidavits from each member
or the jury denying wholly and in
part the attfdaVits upon which the
defense based its motion. Afhdavits
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 demonstra-
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 %
show that Frank did not have 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.
possible
was covered by the defense in the nu-
merOus attidavits and dispositions
filed by Franks attorneys. Some Of
the aftidavits 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 GER
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 eN-
pressed their CONVICTION of Franks
guilt before the trial.
The dispositions regarding the
cheering and demonstrations AMI
charging the jurors talked to certain
peoDle during the progress of she
trial were made by II. c. LOevenharL.
Mrs. J. 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. 4. Shurman, Sampson Kay,
r. NJ. Kay. Miss Martha Kay. Charles
G. Moore. w B. Cate. ]. II. G. COch-
ran and II. G. Williams.
Eight affidavits alleging that Jurors
HensIee and Johenning made remarks
showing prejudice against Frank We're
Slough. Of Atlanta: John VI. Holmes,
Shi GRAY and 8. NJ. Johnston, Of Spar
ia: T. L. Gremer and Mack Farka >,
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 i'm an affidavit by Samuel
Aaron with having declared at the
Flks' 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 | get on the jury ! VIII
hang that Jew sure!"
Johenning is charged by Mrs. J. c.
Loevenhart. Miss Miriam Loevennart
and Fl. G. 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 elght
affidavits filed against him are a ts-
sue of lies from beginning TO end. He
denies expressing HIS N.-NN 'i bi''
Frank case and probably will en-
body his statements of innocence in
on affidavit for the use of Solicitor
Dorsey.
Attorneys for the defense have an
nounced that in the event that Judge
I. 8. Roam denies the motion for
new trial and again ser. ences Frank
to he 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 II $
likely that the case will be appealed
to the Supreme Court OF the United
States on me techniC tlity Of law
that will Insure hearing.
Frank was originally sentenced %
hang on October 10 but the motion
for a new trial anlthe prospect Of an
immediate appel 10 Inc supreme
Court act as a stay Of sentence in
definitely.