Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-21
AFF|DAV|TS HIT
FRANK s PLEA
FOR RETR|AL
Thirty Witnesses Swear to Good
Character Of Accused Jurors
and Deny Influence on Jury.
Continued From Page I.

only cheering recognized as such was
heard in open court. until the last day
of the trial. when a burst of applause
followed the reading OF the verdict
and was heard by the jurors as the
poll was being taken.
The jurors all professed to have
been utterly ignorant of any cheering
except what was stated. and insisted
that what they heard could not have
had any effect upon their decision,
since 1t had been reached before the
real cheering was heard.
Heard No Demonstration.
AS to the demonstrations in favor
of Dorsey, there we're dozen af1-
davits by jurors and deputies TO say
that the jury was at such distance,
or in such a place, that only con-
fused and indistinCt noise was heard.
One or two of the jurors fancied at
the time that there was a fight in
progress somewhere.
c. F. Huber and A. F. Pennington.
deputies having charge of the Frank
jury, contradiCted the. affidavit ! of
Samson Kay for the defense, and
stated they heard no cheering OF DEM
onstration of any kind the afternoon
of Friday, August %, or after the
noon hour Saturday, August 90
Perhaps the most interesting read
ing in the pile was Johenning's own
account of the conversation related by
Mrs. Jennie G.. Lovenhart and Miss
Miriam Lovenhart. in the course of
which it was charged that he stated
a belief in Franks guilt.
Johenning asserts in his affidavit
that he was talking of the case with
Mrs. Lovenhart and Miss Lovenhart,
and they asked him what he thought
of It,
Il replied that by the papers they
have found him guilty already" says
Johenning, "and added that I thought
Frank would have "A hard time get
ting loose that things didn't look
very bright for him
Expressed 10 Opinion.
Johenning insists that he said no
more than that, and that he enter
tanned no fixed opinion at that time,
and did not arrive at a fixed opinion
until hearing the full evidence in
court.
T. w. Mccarthy came to the sup
port of BEGINNINGS character declar
ing II good, and asserting be would
believe him on oath. Similat affida-
Wits, all warmly worded. were made
by DR.. w. &. Robinson, o. Fl. Puck
EFT and r. n. Weaver.
Quite an array Of complimentary
affidavits came from GAINESVILLE to
the support of a. II. Henslee. Among
them We're those OF w. II. Howard, J.
c. Collier T. w. Cochran, p. l..
Gordy, j L. Howard and e. O. Sum
l>.a< .,-I,r 90
Douglas, Ga. professed to know the
juror well and favorably.
An inkllng OF some plan of, the
Solicitor may be hidden in q small
affidavit made by Joe Murray, clerk at
the New Albany Hotel, Albany, Ga.
He said that A. H. Henslee was a
guest at that hotel the night of June
2 and also registered there before
the noon meal September is. 1913.
OF course, IL Henslee was not in AL
bany between those dates he could not
have made any statement about his
chance as q talesman.
Arnold and Dorsey Confer.
Reuben r. Arnold. of counsel for
Frank, and Solicitor Dorsey held,
conference beginning at 2 O'Clock
Tuesday afternoon for the purpose OF
coming to an agreement on the exact
grounds upon which the argument Tor
a new trial will be based. II was
expected that If theer were to be any
conflict between the opposing attor-
neys it would develop on this ques
ton.
Solicitor Dorsey is known to have
taken issue with the defense on a
number of points as the aftidavits
made public Tuesday indicate. He
will strenuously resist any effort on
the part of Franks lawyers to estab-
lish that there was sufficient disor
der or demonstrations in the court
room at any time either unduly to
influence or intimidate the jurors. He
already has answered this charge by
the affidavits denying that there was
cheering In the courtroom at times
specified by the defense.
Judge Roam, before whom the argu-
ment will be heard Wednesday, Will
be the final arbiter on the questions
which remain disputed by the attor-
neys. The hearing is scheduled to
begin at o'clock in Judge Bells
court on the first floor OF the old
City Hall Building, Pryor and Hun
ter streets. Both sides are prepared
to go ahead with the arguments and
there appeared no probability of fur
fhar HplaN