Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-06
BATTLEFOR
NEW trial.
CEN TIERS
On BIAS
Dorsey Prepares to Support Juror
HensIee's Denial of ANY
PrejudiciaI Statement.

The extreme thoroughuess wien
which the attorneys for Leo NJ. Franz,
have set about substantiating theiI.
charge Of prejudice and bias aeains,
\. II. Henslee. one Of the lively
jurors who declared Frank guilty OIL
murder, made It evident Monday thai
the lawyers win wage their dghr
/ around this one instance Of allegeo
unfairness as so glaring as to con
stitute in itself and alone a sufficien
groud for a new trial.
Many persons with whom Hensls5
talked before the trial were inter
viewed by agents of Attorneys Rosser
and Arnold One deposition was buj
warked by another until the lawyers
considered they had made out a clear.
case Of prejudice and bias agains
Henslee. Without the additional force
lent by the more than 100 other reg
sons presented in their amended mo
ton for a new trial, they were con
fideut that they had obtained an IN
! assailabe ground for a retrial of Tia
convicted man.
solicitor Dorsey is preparing for
determined fight against their con
tention. He believes that Henslee ha
been misrepresented. He is prepared
to take the word of Henslee himseI
that he uttered no statements to The
, effect that he considered Frank guilt,
and would Ike to have a part IN
bringing about his hanging.
Sparta Men Make Reply.
Henslee's repeated denials Of Tie
alleged conversations brought a repi,
Monday from three Of The Sparta mar
Who recently made dispositions tina
they had overheard remarks OF the
nature mentioned They prepared
signed statement in which they re
iteratsd their allegations of prejudice
and bias against Henslee and d.
clared that Henslee must have beer
misquoted in his reputation of tns
remarks.
The statement was signed by JONI
NJ Holmes, of Holmes & Walker. az
insurance and buggy firm; S. NJ
Johnson, Cashier Of the firm, and sh
Gray All assert they were present
when Henslee's reported conversation
in regard to the guilt of Frank too
place.
Practically Tried Frank"
The letter read:
You must recall in Mr.. Holma
office, on the day stated. and in Id
presence of the undersigned. we a..
discussed the Frank case and pr.l
tically tried him, as It we're, and thu
in the discussion, you not only sal
that Frank was as guilty as -. by
you had much TO say about Frank
being a moral degenerate-your sN
act language we can not use-au,
further stated that YOU were draw.
as a juror
we have no disposition to injure
YOU or to make public your statement
as two of the writer's, GNay an
Holmes, have known you and your
family for many years. and we IL
not know how the attorneys were &c,
qUaiuted with the fact of this con
versation, but your remark was com
mon talk in the town, where there
are a number of people who coul
have given the information TO the a
torneys.
I'VE declined TO make q. voluntary
affidavit In the matter and said moth
ing until forced to by the court, buJ
LET us assure you that the reluctanc
to testify in no way changes the fac,
and YOU shall not be permitted Il,
make statements in the public press
denounciug us as liars in order e.
protect Yourself from the criticism
YOU have justly deserved.
we await your answer
j. NJ. HOLMES
:. NJ. JOHNSON,
.-aa-4- "SHL GRAY t--aAk