Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-26
Curious Crowd Barred While the
Lawyers Grow Personal in En-
counters on More Than One
Hundred Technical Points.
Dorsey and Rosser CIash-Jurors
Are Attacked by the Defense.
Alleged Prejudice of Specta-
tors at the Trial Brought Up.

An uncompromising attitude was
struck by Solicitor Dorsey and the
States forces at the very first of the
hearing on the motion for a new trial
Tor Leo Frank, convicted of the MUIR
der of Mary Phagan, and was main
tanned until the close of the hearing
Saturday.
The Solicitor, conscious that the ad-
vantage lies with the State, at times
laughed at the arguments of Luther
Rosser and Reuben Arnold, attorneys
for the defense. At times, however,
he fought back bitterly, particularly
when Franks lawyers attacked his
personal behavior.
All anticipations of a sensation in
the hearing were blasted. The de-
Tense offered lis counts in the petit
ton for a new trial, and on almost
every point exhaustive arguments
were offered by the lawyers for
Frank. Altogether, the hearing was
tedious throughout.
Curious Crowds Barred.
There was nothing spectacular in
the setting. Judge l.. r. Roam heard
the lawyers in the State Library at
the Capitol. Cur!o' crowds were re-
fused admission. There were only
newspaper men, a dozen lawyers and
few other persons vitaHy interested
in the case.
Now and then the dullness of the
'esal debate was enlivened by a show
of spirit, as when Luther Rosser de-
clared that it was the prejudiced
crowd of spectators, and not the judge
and jury, that conducted the trial Of
Leo Frank. The statement came in
defense of the argument that the
demonstration by the courtroom
crowd was basis sufficient for a new
trial.
Solicitor Dorsey laughed. However,
he objected strenuously enough when,
a little later, the lawyers for the de-
Tense requested Judge Roam TO certify
TO the fact that there was consider
able demonstration by spectators, and
that at one time it could easily have
been heard by the jury in the next
room.
Judge Roam complied with the re-
quest, and told, for purposes of record,
of the applause, and thus telling
point in favor of the defense was
scored.
Fight Over Jurors Bitter.
The most bitterly fought contest of
lac entire hearing came over the dec
laration of the defense that Jurors
Marcellus Johenning and A. II. Hens
t'v ere prcjJG:tea &gainE- Frank
oeiore. the trial began, The state
ment was backed by showing
made by a special agent of Luther
RoSser. who had visited the towns TO
which Henslee usually goes in the
curse of his work as a travelling
salesman. The agent, c. w. Burke.
offered in evidence a number ot
sworn statements that Henslee, be-
fore the trial, had been heard to eX-
press his belief in the guilt of Frank
and his desire to help convict him.
Argument on this point waved
heated between the defense and the
State. All the time Judge Roam care
fully noted the points made, as he dld
IN the argument IN every count. All
these points will he studied exhaust
lively before his decision is announced.
Judge Roam had work during the
trial in reprimanding the opposing
lawyers occasionally for their person =
al debates. Once, especially, at the
very first Luther Rosser flared out;
Opposing Lawyers Clash.
You would kill a man on the dot
ting of an Il or the crossing Of u y
he told the Solicitor, in the course OF
his argument that the State is EN-
deavorirg to convict Frank on any
Iretext whatever.
And you" the Solicitor retorted,
are making a mountain out of a
molehill."
Mr.. Dorsey was always aggressive.
and particularly when the lawyers for
the defense spoke thus of his per-
sonaf conduct of the case
Among the details of the trial to
lich objections were entered by the
etense We're:
The admission of the States care
ully marked diagram as evidence.
The admission of certain testimony
oE Detective John Black.
he most strenuous fight by Luther
Eosser, Reuben Arnold and Herbert
Haas, for the defense, was waged
ABOUT the question OF the Solicitor
ending to show Frank a degenerate
mat none of this should have been
omitted as relevant was the conten-
ION of the defense. Success greeted
neir efforts in one or two details of
MS sort of Testimony. and Judge
toan supported the lawyers for the
uelense in regard to such questions
asNed of Miss Lula jackson, one of
me witnesses.