Atlanta Georgian., 1914-02-21
CONSP|RACYH|NT.
BY LAWYERS
FOR FRANK
Defense Roasts Dorsey and Har-
ris, Declaring Other Develop
ments May Come,

tween Solicitor Dorsey and DR.. H. y.
Harris to hang Leo Frank were ut
tered Friday evening by Luther r.
Resser in his comments on the latest
developments in thre famous Phagan
murder mystery-the statement af
DR.. Harris that the strands of hair
found on the lathe on the second
floor of the National Pencil Factory
were not Mary Phagan's, as the jury
which tried Frank was led to believe
The inference Is conveyed that, even
though there were no verbal or tartc
agreement between the two to con-
ceal the evidence. as great harm was
worked 20 the defendant as would
have been the case in deliberate
conspiracy.
Mr.. Resssr Says He's Amazed.
Mr.. Roeser expressed his amaze
ment that slch evidence should be
kept from the jury and asked if one
might not suspect that much else
oealed by the Solicitor and those with
him;
He said:
"The story that the State and it's
chief medical expert knew during the
trial of Leo NJ. Frank that the hair
found In the pencil factory was not
the hair of Mary Phagan amazes us
beyond words.
''For some time we have heard vague
runors that the hair that figured in
the Frank case was not the hair of
Mary Phagan, and that Doctor Har.
ris knew 1t when he testified at the
trial, and that the solicitor knew 1t
when he was making proof about the
hair by Barnett and Magnolia Ken.
nedy and other witnesses; but, in
spite OF these rumors, we could not
-. -. A. l.. 49,
Harris would have concealed this i'm
portant matter with the knowledge
of the Solicitor, and that the Solicit
tor himself would argue to the Jury as
he did--that the finding of this hair
was evidence of the fact that Frank
had killed Mary Phagan on the Sec
ond floor of the factory.
UNLESS we are much mistaken In
the fairness of the people of Fulton
County, the admitted facts about this
hair will awaken great wonder as to
what other things were concealed
and misrepresented in the same way"
Dorsey Not Disturbed.
Solicitor Dorsey Friday afternoon
was disposed to minimize the sig
nificance OF the published statement
of DR.. H. r. Harris that the strands
of hair found on a lathe on the sec
ond floor of the National Pencil Fac
who, the State claimed, was murdered
on that floor by Leo Frank.
Whether they were or were not,
/ never considered the matter az of
great importance to the States case"
said the Solicitor. "If they were, it
simply provided me another addition
TO the mass OF cumulative evidence
that was heapeds up against the de-
tendant. II they were not, the
fAt last SfRAn0fh
since 1t was not on such .trfres that
1t was based. .s--s So
Recalls Old Statement =.
at is true that DR.. Harris told me
at the time that ii was his opinion
that the hair was not Mary Phagan's.
He die not swear this on the stand,
OF course, while several other wit
the dead girls hair. did not regard
1t as material then. nor do / now"
; Dr. Harris, who was one of the
States star witnesses in the trial of
Frank, Friday provided the defense
with a weapon with which to con-
tinue the battle for Franks life
through the medium of an extraordi-
nary motion for new trial on the
grounds of newly discovered evil
6ence
Thought Discovery Unimportant.
He made public his opinion that the
hair found on the lathe in the factory
metal room was not the hair of Mary
Phagan, but accompanied the opinion
with the statement that he never hau
considered the fact material. He SAID
that he had not attempted to conceal
the fact from the public, but had not
told of 1t merely because ne con-
eidered 1t inconsequential.
81 don't know that was asked
about IL on the witness stand" ne
said
The defense is expected to use his
statement in making an extraordinary
motion for new trial for Frank.
Burns to Open Probe.
With March / definitely set as the
time when Detective William J. Burns
will return to Atlanta and make an
investigation of the murder OF Mary
phagan, interest in the famous Frank
case centered Friday in the probable
time that the motion for e rehearing
Of the case by the Supreme Court
would be ready for filing by Frank
attorneys, Luther Rosser and Reuben
Arnold.
No inkiing of the progress that is
being made in the preparation of the
appeal would be divulged by the law
yers Friday. 1t was stated that a trio
OF stenogra pliers are working nara
on the document, and II is hoped that
it will be ready to fle- with the cIeIh
OF the supreme Court some time FRI
day.
This depends on the amount of re-
vision that will. be necessary after the
first draft of the appeal has been
made. It is understood that whatever
revision is necessary viii be made at
a conference that one of Franks at
torneys stated has been called for
Friday.
Franks lawyers consistently main
tain total silence regarding the
grounds upon (which they will base
the appeal for new hearing of the
ease. 1t was tntimated Friday that
the appeal will be a voluminous doc
ument, covering some 80 or so grounds
upon which they allege their client
was not given q fair and impartial
hearing.
The appeal will cite instances
where. In the belief of Franks at
torneys, the Supreme Court over
looked salient and important features
OF the argument, and it will endeaVor
TO reveal instances where Frank was
denied privileges sto which he was
entitled.