Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-23
F RANKS APPEAL
IS DELAYED BY
NEW TURN
Attorneys, After Completing Mo-
ton for High Court, Delay Fill
ing to Await Developments,
Continued From Page l..

forth his claim to the reward as fol-
lows:
THAT on the 18th, 26th and 27th
days of April. 1913. he was in the en-
ploy Of the National Pencil Factory.
THAT he furnished the information
leading 10 the arrest of the person
guilty Of the murder of Miss Mary
Phagan.
THAT his duties at said time were
operating a lathe in the pencil fac
tory, and when he stopped off work
ing on the evening of April %, 1913,
he left an unfinished job in the lathe.
on Monday morning he re-
tured to the factory to resume his
work on the lathe.
Upon going to the machine he dis
covered ten or twelve long hairs that
came from Miss Mary Phagan's head
hanging to the handle of the lathe;
he also first found blood spots in the
metal department on the second floor
of the factory. The blood spots and
the strand of Miss Mary Phagan's
hair were some fifteen feet apart. The
finding Of the hair and the blood spots
he reported Immediately to Messrs.
barley and Lemmie Quinn.
Gave Hair to Detectives.
Upon these facts being brought to
Mr.. Darley's attention he called the
detective department, and Immediate
ly Detectives John Black and John
Starnes came to the factory and Mr..
Barrett, the petitioner, gave the
strand Of haid to Detective Black and
showed them the blood spots in the
metal room. During this day Leo
Frank was arrested and taken to the
station house in the city of Atlanta.
1T was these clews that brought
to the attention of the officers of the
law that the crime or murder had
not been committed in the basement
of the factory, as first thought, by
the negro Waterman, who has since
been exonerated of the crime, but was
committed on the second floor of the
factory, where Mr.. Frank office was
located.
AT the trial of the case of Leo
Frank in the Superior Court Of Full
ton County petitioner appeared as
witness and testified to the finding
Of the hairs and the blood spots on
the second floor of the factory"
To Try Again if Beaten.
It is generally understood, and was
tacitly admitted by Mr.. Arnold. that
should the Supreme Court refuse TO
grant a rehearing of the case, an eX
traordinary motion for new trial,
based on the assertion of DR.. Roy
Harris that he does not believe the
hair found on the lathe on the second
floor Of the pencil factory to be that
of Mary Phagan's, will be filed with
the Superior Court 1t is understood
that Franks attorneys will begin
work on the extraordinary motion as
soon as the motion for a new hearing
has been filed.
The situation has been complicated
by an additional statement from DR..
Harris, in which he declared that he
would not be willing to swear that
the hair he examined in his laboratory
and which he had been told had been
taken from the lathe in the factory,
was or was not the same as hairs
taken from the head of Mary Phagan.
Expert Not Certain.
There were but a few strands of
hair" said DR.. Harris, land ii is diff
cult to detect fine shadings of color.
I could not swear when l made the
examination, and l can not now, that
the hair given me was not the hair
of Mary Phagan, and l can not now.
There is no way of determining ac-
curately these things. A hair from
one part of the head may be different
from that taken from a different part.
NV recollection is that the hairs
brought me were flatter than those /
cut from the girls head"
Chief of Detectives Lanford and
Solicitor Dorsey, who had charge of
the investigation of the murder, are
inclined to minimize the Importance
of DR. Harris admission. They de-
clared Saturday that the question of
the hair being from the head of
Mary Phagan had never ben consid-
cred a vital point by the prosecution. |
I'VE didn't need the hair to show