Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-06
FRANK DEFENSE
CLAIMS NEW
B|ASPROOF
Continued From Page I.

combat the arguments Of the defense
for a new trial.
In the meantime, the courts are
becoming clogged and the Grand Jury
faces a heavy docket, including a
number Of important cases.
The extreme thorougnness with
which the attorneys for Frank
have set about substantiating their
charge OF prejudice and bias against
4. II. Henslee, one of the twelve
jurors who declared Frank guilty u
murder, made il evident Monday that
the lawyers will wage their fight
around this one instance of alleged
unfairness as So glaring as to con-
stitute in itself and alone a sufficient
ground for new trial.
Many persons with whom Hensl.e
talked before the trial were inter-
viewed by agents of Attorneys Rosser
and Arnold. One deposition was bull
warked by another until The lawyers
considered they had made out a clear
case of prejudice and bias against
Henslee Without the additional force
lent by the more than 100 other rel .
sons presented in their amended mo-
ton for a new trial, they were con-
tiGent that they had obtained an un
assailable ground for a retrial of thz
convicted man.
Solicitor Dorsey is preparing for a
determined fight against their con-
tentiOn. He believes that Henslee has
been misrepresented. lie Is prepared
to take the word of Henslee himself
that he uttered no statements to the
effect that he considered Frank guilty
and would like TO have a part IN
bringing about his hanging
Sparta Men Make Reply.
Henslee's repeated denials of The
alleged conversations brought a reply
Monday from three of the Sparta mon
who recently made dispositions tn a
they had overheard remarks Of the
nature mentioned. They prepared 81
signed statement, in which they re-
| iterated their allegations of prejudice
| and bias against H,uslec and -
clared that Henslee must nave been
misquoted in his reputation of the
remarks.
The statement was signed by Jo1n
NJ. Holmes of Holmes x Walker, n
insurance and buggy firm, ). VI
| johnson, cashier OF the firm, and Sh.
Gray. All assert they were present
when Hensiee's reported conversation
in regard to the guilt Of Frank TOOK
| place.
"PracticsIIy Tried Frank"
The lettel read.
You must recall in Mr. Holmes
| office. on the dav stated. and in the
presence of the undersigned, we al
! discussed the Frank case ana prlo-
I tf..o 1I,- tvfa hin, = ,-ar,
| in the discussion, you not only sal
| that Frank was as guilty as --. bat
| you had much to say about Frank 5
| being a moral degcnerate-your aX-
act language We can not uSe-and
| further stated that YOU were draw n
as a juror.
we have no disposition to injure
| YOU or to make public your statement,
as two of the writer's, GRAY and
| Holmes, have known YOU and your
! family for many years. and we DO
not know how the attorneys were aC-
| quainted with the fact of this con-
versation. but your remark was com
mon talk in the town. where there
are a number of people who Cou! J
! nave given the information TO the at
| turneNs.
We declined to make a voluntary
| affidavit In the matter and said moth
| ing until forced to by the court, bur
| let us assure YOU that the reluctance
to testify in no way changes the IA It.
and you shall not be permitted 20
make statements in the public pre- 5
denounCiug us as liars in order -
protect yourself from the criticism
you have justly deserved
| We await your answer.
y. NJ. HOLMES.
| $ NJ. JOHNSON