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

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-
ry of the case: in allowing Detective
Black to testify that Frank when he
saw him on one occasion a 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
to 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 intimated that their fight
will not stop there IL the higher court
rules agains THEM.
The effect that the weird story told
by Ira w. Fisher will 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 1t
is most unlikely that they even will
be mentioned either by the Solicitor
or counsel for the defense, or given
consideration by Judge Roam.
The hearing was set to begin in
Judge Bells courtroom on the first
floor of the old City Hall, Pryor and
Hunter streets at o'clock Wednes-
day morning, but was transferred TO
the State Library. Solicitor Dorsey
left his home early and put the finish
ing touches on his preparations in mis-
office across the street from the
81
Arnold also had a brief conference
before the hearing and then an
nounced themselves ready to pro-
coed.
One of the main contentious of the
defense was that at least two of the
jurors who decided the fate of Frank
A. II. Hepslee and Marcellus Jo-
henning-had decided that Frank was
guilty before they were called upon
the jury or had heard the evidence
presented.
Franks lawyers also maintained
that the jurors were inundated, or
at least unduly Influenced, by the
demonstrations that were made dur
Ing the trial. The crowds unmis-
TAXA bly, were hostile to the defendant.
they argued. and the jurors could not.
help but notice this.
That there was disorder in the
courtroom which ii was hardly posi-
BILE TO suppress was argued from a
conversation between Judge Roam
and Deputy Sheriff Plennie Miner.
The Judge was quoted by Franks
lawyers as saying during one of the
many disturbances Cant we have
order in this courtroom ?"
Deputy Miner is alleged to have re-
piled: I'VE can't have order, your
honor, without clearing the court
room"
Cheers for Solicitor.
The cheering that greeted Solicitor
Dorsey several times toward the close
of the trial also was called to the at
tontion of the court as one of the
grounds for new trial. Jim Con-
leys testimony in regard TO Franks
alleged conduct with women in his
office in the pencil factory was used
as basis to argue that the court had
been in error in admitting certain
evidence into the record.
Solicitor Dorsey and Reuben Ar
mold were inconference Tuesday aft
ernoon for the purpose OF coming to
an agreement on the exact grounds
on which the new trial would be
argued. The Solicitor objected to a
number of contentious advanced by
the defense, and these were left for
the decision of Judge Roam.