Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-26
SP0 7 LIGHT
HITS ST A TE
NEAR CLOSE
Of PLEA FOR
FRANK TRIAL
Dorsey'sAttack on Defense's Argu-
ments and Luther Rosser's Re-
ply Are Expected to Furnish
Thrilling Climax to Hearing.

With the argument of Attorney
Reuben Arnold, filled with denuncia
ion of the negro Jim Conley and
vivid description of the mob spirit
which, he said, influenced the verdict
VI guilty in the trial of Leo M. Frank
ror the murder of Mary Phagan, con-
ruded late Saturday afternoon, in
terest in the battle being waged to
secure a new trial for the convicted
factory superintendent shifted to the
states side of the case.
Solicitor Dorsey and Attorney Lu-
Their Rosser, the latter the leading
COUNSEL for the defense, are yet to be
heard, and those who have been fol-
lowing the hearing before Judge l.. S.
Roam are awaiting with eagerness the
opening attacks of the Solicitor Gen
eral on the strongholds of the de-
Tense, and the reply Mr.. Rosser is
expected to make.
Mr. Rosser late Saturday afternoon
denied the report that new trial If
granted by Judge Roam, could not be
held in Fulton County, and that Hugh
Dorsey could not act as prosecutor
because charges of prejudice formed
the basis of the application for a new
hearing
Expect Change Of Venue Plea.
tie stated that the scene of an
other trial would depend entirely upon
the ruling made by the judge when
aa application was made for a change
of venue, should one be made. Should
Inc trial judge refuse the application,
The trial would have to be held in
Fulton County, and of course there
could be no change Of venue without
IN application:
1t is generally believed that if a
new trial is granted a change of venue
viii be, asked for. This opinion is
based largely on a statement made by
Attorney Arnold during his argument
when he declared that if the States
rase is as strong as It 10 supposed to
be, no harm could result from a new
trial where the surroundings are bet
ter and where the chances to get JUS
tice are better" sc r..
solicitor Dorsey is expected to take
up the whole of Monday in replying
10 Attorney Arnold and offering the
States reasons why new trial should
NOT ne ere pItDdpiy VIII
take up in detail every one of the lib
reasons introduced by the defense,
and attack specifically every affidavit
the defense has offered to discredit
the story of Jim Conley and prove
bias and prejudice on the part of Ju-
rOrs Henslee and Johenning.
State Has Mass of Affidavits.
solicitor Dorsey will enter the fray
srmed with a mass of affidaVits, many
of them attacking the character OF
the men who made the affidaylts in
reduced by the defense. He also will
present legal citations to sustain his
contention that the evidence OF Jim
'onley, including that portion which
tended to prove Frank a pervert, was
admissible, and that Judge Roam vio-
lated no legal precedent when he al
lowed it to go into the record
Attorney RoSSer, whose argument
viii bring the legal battle to a close,
is expected to devote the greater por-
lion of his speech to the charges of
bias and prejudice brought against
Jurors Henslee and Johenning. The
attidavits depended on to sustain
these charges already have been in
troduced and argued by Mr.. Arnold.
Attorney Arnold declared that the
Ease of the State rests or falls on Jim
'cnley's story, and that the tale or
The negro had been shown to be
mass of lies.
If any intelligent person" he as
serted, will look at the mass of con-
fiicting statements, his dumbness
when questioned about anything in
which he had not been drilled, they
viii see that Conley was broken
DOWN completely"
Compared to Bells Trial.
Mr.. Arnold also denounced the mob
spirit which he declared was directly
responsible for the conviction of
Frank, and was based on the ages
old persecution of the Jews.
Mr., Arnold declared Vehemently
mat in Kieff, Russia, there is going on
to-day trial that offers the only
parallel to the Frank case in recent
[earS-the trial of Mendel Bells,
Jew, for the alleged ritual murder
OF Russian boy. The resemblance
hetWeen the Frank and Bells cases,
ne declared, is remarkable.
Mr.. Arnold, dwelling on the time
clement which played so large part
IN the trial, said the States witness
es mad prevent was physically impos-
"lDIe for Frank to have committed
the crime; that Frank was not con-
Nlcted on the facts, but on an as
umption of what might have been
the facts