Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-21
LAIN HALTS
APPEAL FOR
NEW TRIAL
Barrett, Franks Employee, Asks
$1,000 for Finding Hair on
Lathe, Complaining Case.

The new angle given to the Frank
case by the assertion Of DR.. H. F.
r Harris that he does not believe the
hair found on a lathe on the second
floor of the National Pencil Factory
10 be from the head of Mary Phagan,
MAS further complicated Saturday by
the presentation of petition/ to the
F c!tv Council and Mayor Woodward by
Robert Barrett. No. 549 West North
avenue, former employee of tue
Factory. for the $1,000 reward which
Council offered for information lead
Ing to the arrest and conviction Of the
murderer of the little girl.
Barrett bases his claim to the re-
. ward on the fact that he found the
hair in his lathe when he reported
for work at the factory on the morn
Ling of April 81, and that he first
found blood spots in the metal de-
partment on the second floor of the
factory.
Changed Aspect OF OaSe'
In his petition he declares that the
.conviction of Frank was the direct
result of the finding Of the hairs and
the blood spots, inasmuch as they
changed the entire aspect of the case
and caused the arrest of Frank the
same day, following the decision OF
the detectives that the murder was
committed on the second floor ana
not in the basement, as was at nrst
generally believed.
The hairs that Barrett found in the
+ lathe are the same that were ex-
ahmed by DR.. Harris, and which the
medical expert declares now did not
come from the head of Mary Phagan.
Barrett intimates that the State built
4 its entire case upon the finding Of the
/ hairs. and that the conviction of Frank
could not have been obtained had not
they been found.
Puts Case Up to City.
Barretts petition, coupled with Dr.
Harris statement of doubt regarding
7 the Identity of the hairs, is considered
one of the most important develop
ments in the case since the trial II
win put squarely up to the autnorl-
ties a decision upon the Importance
that the hairs and the blood Spots
played in the conviction of Frank, ana
should the Council and the authori-
ties determine that the finding OF the
hairs was the direct cause of the con-
yiction of Frank, the defense will I'M
dcubtedly seize upon the circumstance
as a weapon upon which to base their
extraordinary appeal, citing DR.. Har-
fis to prove their assertion that the
hairs we're not from the head of Mary
Phagan.
The discovery by Attorney Herbert
Haas of Franks counsel, of addition
al grounds upon which an appeal Tor
a rehearing of the case by the Su-
preme Court could be based, caused
the convicted mans attorneys to post
pone the filing of the document until
Monday morning.
The discovery of the new GROUNDS
came after Attorney Reuben Arnoio
has completed the preparation OF the
appeal and had authorized The Geor-
gian to state that it would be nieo
before noon Saturday. Only re"
moments before Mr.. Arnold INTENDED
to go to the Capitol with the docu-
ment, he held short conference Win
Mr.. Haas, at which the latter toid
Mr. Arnold of the new grounds ana
suggested that the filing OF the ap-
peal be postponed until Monday SO
the newmaterial could be incorpo-
rated into the document.
Neither Mr.. Arnold nor any OF the
other members Of Franks counsei
would divulge the nature OF the
grounds upon which the new hearing
will be asked, but it is understood that
they will number in the neighborhood
o. fifty, citing instances where, in the
opinion Of Franks attorneys, the Su-
pFeme Court justices overlooked sal
-ent points of the case.
Barrett's Claims.
Barrett's petition, which was fiied
ny Attorney Lawton Nalley. sets