Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-23
At TACK ON JUROR HENSLEE
ALONE ENOUGH To WIN, IS
BELIEF Of FRANK DEFENSE

! were running the court and not the
Judge and jury"
The transcript Of testimony at this
point was entered in the reason in
accordance with the wishes Of the
Solicitor
Judge Roam hurried the lawyers
along in the afternoon session and
more than twice as many of the rea-
sons were taken up and passed on
as in the forenoon The majority of
revisions insisted upon by the Solic-
itor, were approved by Judge Roam.
Others were dismissed from consid =
Grafton temporarily to be taken up
later when the Solicitor had been
able to investigate them carefully by
comparison with the records Of the
case
Judge Tells of Applause.
none of the most significant events
Of the hearing came in the certfica-
ton by Judge Roam of the descrip-
ton OF the applause III the courtroom
when il was announced that the tes-
timonY OF Conley in regard To al
legged acts of immortality on the part
of Frank should remain in the record.
Judge Roam certified that II was his
recollection that there was applause
and stamping of feet and that there
was a demonstration which easily
could have been heard by the jurors
who were in an adjacent room.
This ifiCutinn on q mart pf q
judge is regarded as highly favorable
to the prospects for a new trial. Even
should new trial be denied by Judge
Roam, the Supreme Court will not be
compelled TO go behind the statement
of facts, as would be necessary in the
event that the possibility of the jul
rors' hearing the demonstration was
merely a contention of the defense,
unsupported by the courts Certifica.
ton.
All of the grounds bearing on Con-
ley's testimony which had to do with
the alleged acts of perversion also
were admitted as bases of argument
in the move for a new trial Practi
cally all Of the reasons were subject.
ed to slight amendment at the sug
gestion of the Solicitor but were not
vitality altered.
l'bi StS lIlSlSttu upon Il ilbldlltn III all
of the paragraphs to the effect that
no objection to Conley's testimony
along this line was made by the law.
yers for the defendant until the negro
had been under cross examination for
a day and a half.
Attack Miss Halls Testimony.
The defense succeeded in getting
into the reason the statement that
the cross eXamina ton had been along
other lines that Franks alleged per-
version, and that this phase never had
once been touched when the objection
was made during the cross examina-
ton
Franks lawyers also held that the
court was In error in not permitting
Miss Hall. the stenogra to tell
that Frank called her on the tele-
phone the morning of the murder and
Informed her that he had enough
work for her TO keep her busy all day.
In permitting the Solicitor to question
Philip Chambers, an office boy at the
pencil factory, in regard to purely
suppositious conversations with
Frank in which Frank was said to
have threatened the boy with dismiss
sal, and in not severely rebuking the
Solicitor for this line Of questioning,
and in permitting testimony which
left with the jury the impression that
pay had been withheld from the
Plnkerton OPERATIVES In order that
their testimony on the stand might be
favorable to the defense so as TO get
the amounts due.