Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-24
DEFENSE LAWYERS AND
DORSEY READY To BEGIN
FINAL REHEA|R|NCB BAIT TIL

ser, chief OF counsel for Frank, as
serted that they would have eaten
the defendant alive" if he had gone
! out among them on the day the YER
dict was rendered, particularly If an
acquittal had been brought in.
Take Advantage Of Absence.
Solicitor Dorsey contended that
| the defense had waived the presence
! Of Frank in the courtroom at the
time the verdict was rendered and
now were taking advantage Of It to
| claim that their client would have
been mobbed or lynched had he been
| there, when, as a matter of fact,
there was no way Of proving that
F ank might have received not even
a hostile demonstration
A warm dispute arose over this
contention, during which it developed
that the court was adjourned in the
midst of Dorsey's concluding argu-
ment Saturday noon to permit the
intense feeling to subside, and that
later Franks presence at the render
ing of the verdict was waived by his
attorneys al the suggestion of Judge
Roam himself Judge Roam had been
addressed by the editors Of the three
Atlanta newspapers, militia officials
and the chief Of the police depart
ment, and urged, it was claimed, to
take every precaution for the safe
guarding of the prisoner, against
whom there was Enthusiastically hostile
sentiment
The hostile sentiment against Frank
vast emphasized in many OF the rea-
sons advanced for new trial To
most or them Judge Roam certified as
they were submitted. The trial was
taken from It's outset. and note made
OF every outbreak inside and outside
the courtroom. The ovations received
by Solicitor Dorsey were described
infinitely, and the occasions of APP
plause and cheering inside the court
room Wnen Dorsey scored point
were stressed repeatedly.
Crowo Gets Signal.
Attention also was called to the
Jeers and derisive laughter that met
many Of the arguments OF Franks
lawyers. From first to last, Franks
counsel commended 1t was most evil
dent tina; the defendant was not OBJ
taining the fair and impartial trial
guaranteed by law. The jury was
coerced into giving a verdict Of guilty
ana would have dared give no other
verdict, according to the defense
The climax. according 10 the rea-
sons accompanying the motion for a
new trial, came when the verdict was
rendered. Apprehensive of the mis-
conduct of the crowd, Judge Roam
had cleared the courtroom before the
jurors entered to submit their YER
dict
While the verdict was being rem
dered the crowd was slgnaled that
Frank had been declared guilty, and
an instantaneous shout went I'D from
the large concourse OF persons out.
slue the courtroom, causing a dis
turbance so great, Judge Roam CERT
ned, that he had some difficulty in
hearing the polling of the jury.
A crowd of shouting, cheering men
met Dorsey as he emerged victorious
from the courtroom, and AS he made
| his way across the street toward his
offices, members of the throng caught
him up and carried him on their
shoulders. This, Franks lawyers
commented, was an impressive Illus
tration OF the temper OF the crowds
| about the courthouse.
Judge Roan's charge to the jury
was carefully reviewed and several
points in II picked out to employ as
grounds for a new trial The court
was represented TO be in error for
| failing to charge the jury as to the
weight that should be given the ties
timony OF Conley who confessed on
the stand that he several times pre-