Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-22


Frank did on April rs. and how long
it took
Then we are entitled to ell OF our
evidence in extenso II mat goes in, ~
replied Dorsey
Arnold retorted that the defense
stood absolutely on its right TO have
;he whole financial sheet in the brief.
Judge Roam did not decide on this
passed on - the brief. reason by rea-
son. His observation that the object
of the financial sheet could be but one
thing-to demonstrate how long a
inc its compilation required-indi-
Gated that he was inclined to listen
10 Arnolds contention.
The Judge did not decide on the
first basis for argument advanced BY
The defense that the court erred in
letting in Lees testimony that De-
lective Black talked longer to him
than did Frank. from which the Solic-
itor argued that Frank was not inter
''''NL ~ -'ftllIE Atlt u III libbl LIT
Second Ground Passed.
The second ground for new trial
also was left for future discussion.
1t was that the court was in error in
letting in Lees testimony that Frank
talked to him less time than Reuben
Arnold. one of Franks counsel. later
talked to him at the time.
Part of the third reason was struck
out upon objection of Dorsey. The
contention of the defense was that
the court was in error to let Detec-
live Starnes testify that Newt Lee
was al the time of his arrest compos
ed and showed no signs of trying to
get away, Solicitor Dorsey later using
il to make a comparison with Frank
who was said to be nervous. The
reference to Lee making no endeaVor
10 escape was stricken out, the de-
fense's objection to the remaining
testimony being that II was Illegal,
Unwarranted and preiudicial.
Detectives Evidence Challenged.
In succeeding reasons, the defense
argued for a new trial on the conten
ton that the court had erred in let
ing in Starnes' testimony that the
conversation between himself and
Frank over the telephone, April -,
was guarded; in permitting before
the jury the chart of the pencil fac
tory, with its red lines and Greek
crosses, illustrating the States theo-
iy of the case; in allowing Detective
Black to testify that Frank when he
saw him on one occasion month
before the tragedy was not nervous;
in allowing Black TO testify that
Frank the morning he was taken to
the police station had employed
Herbert, Haas and Luther Rosser as
his counsel. and in forbidding Black
20 answer that Lee had admitted to
him that the bloody shirt found at
his home was his own.
In the event that a new trial is de-
MED Franks attorneys Will imme
diately carry the case up to the Su-
preme Court OF the State for review
and have ntimated that their fight
viii not stop there if the higher court
rules againS them.
The effect that the weird story told
ny Ira W Fisher viii have upon the
outcome of the motion is regarded as
nil. Fishers ridiculous accusations
possibly served TO influence the pop
ular mind one way or another but il
is most unlikely that they even will
he mentioned either by the Solicitor
ar counsel for the defense, or given
consideration by Judge Roam.
Dorsey at Office Early.
The hearing Was set to begin in
Judge Bells courtroom on the first
floor of the old City Hall. Pryor and
Hunter streets. al O'Clock Wednes-
day morning, but was transferred TO
the State Library solicitor Dorsey
left his home early and put the finish