Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-24

| the defendant alive" if he had gone
| out among them on the day the YER
diet was rendered, particularly If an
acquittal had been brought in
Take Advantage of Absence.
Solicitor Dorsey contendcd that
the defense had waived the presence
Of Frank in the courtroom at the
time the verdict was rendered and
| now were taking advantage Of it to
claim that their client would have
been mobbed or lynched had he been
there, when, as a matter Of fact,
there was no way Of proving that
F ank might have received not even
a hostile demonstration
A warm dispute arose over this
contention, during which il developed
that the court was adjourned in the
midst of Dorsey's concluding argu-
ment Saturday noon to permit the
intense feeling to subsde, and that
later Franks presence at the render
ing Of the verdict was waived by his
attorneys al the suggestion of Judge
Roam himself Judge Roam had been
addressed by the editors OF the three
Atlanta newspapers. militia officials
and the chief of the police depart
ment, and urged, it was claimed to
take every precaution for the safe
guarding of the prisoner. against
whom there was Enthusiastically hostile
sentiment
The hostile sentiment against Frank
v as emphasized in many of the rea-
SONS advanced for new trial. TO
most OF them Judge Roam certified as
they were submitted. The trial was
taken from its outset and note mace
OF every outbreak inside and outside
the courtroom. The ovations received
by Solicitor Dorsey were described
minutely, and the occasions Of an
plause and cheering inside the court
room when Dorsey scored point
were stressed repea tedly.
Crowd Gets Signal.
Attention also was called to the
jeers and derisve laughter that met
lawyers. From first to last. Franks
counsel contended, 1t was most evil
dent tina: the defendant was not OBJ
tanning the fair and impartial trial
guaranteed by law The jury was
coerced into giving verdict OF guilty
and would have dared give no other
verdict, according to the defense
Inc climax. according to the rea-
sons accompanying the motion for q
new trial, came when the verdict was
rendered. Apprehensive of the mis-
conduct of The crowd, Judge Roam
had cleared the courtroom before the
Jurors entered TO submit their yer
dict
While the verdict was being rem
dered the crowd was signaled that
Frank had been declared guilty, and
an instantaneous shout went up from
the large Concourse of persons out
side the courtroom. causing a dis
turbance so great, Judge Roam CERT
fed that he had some difficulty in
hearing the polling of the jury.
crowd of shouting. cheering men
met Dorsey az he emerged victorious
from the courtroom. and as he made
his way across the street toward his
offices, members of the throng caught
him up and carried him on their
shoulders, This, Franks lawyers
commented, was an impressive Illus
tration OF the temper of the crowds
about the courthouse
Judge Roan's charge to the Jury
was carefully reviewed and several |
points In it picked out to employ as
grounds for a new trial The court
was represented TO be in error for
failing to charge the jury as to the
weight that should be given the tes-
timony Of Conley, who confessed on
the stand that he several times pre-