Atlanta Georgian., 1914-02-21
HIGH C0URT I
ASKED FOR
NEW TRIAL
Defense Claims Surprise and
Chagrin at DR.. Harris State-
ment About Hairs on Lathe.

\ motion for a rehearing of the
Frank case, in which will be cited so
or more instances where Leo Frank
failed to Feceiye due consideration at
the hands of the court in it's recent
decision affirming the verdict of the
jury will be fled with the Supreme
Court Saturday morning, according to
Reuben Arnold, one of Franks attor-
neys.
"We expect to have the motion for
a new hearing ready for filing before
noon," said Mr., Arnold. 1--WE will set
forth our reasons why the case should
be heard again by the Supreme
Court, and are confident that we will
get a rehearing."
1t is generally understood, and was
tacitly admitted by MIR. 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 ne 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. It is understood
that Franks attorneys will begin
work on the extraordinary motion as
soon as the motion for new hearing
has been filed.
Situation Complicated.
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.
There were but a few strands of
hair" said DR.. Harris. "and 1t is difi-
cult to detect fine shadings Of color,
I could not swear when made the
examination, and I can not now, that
the hair given me was not the hair
Of Mary Phagan, and ! can not now.
There is no way of determining ao-
curately these things. hair from
one part of the head may be different
from that taken from different part.
My 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 DIR. 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
Defense Attorneys Amazed.
DR.. Harris admission that he is
not positive concerning the identity
of the hair was characterized as
amazing by Franks attorneys. Later
they issued a statement in which they
insinuated that the State held back
this portion of the evidence and that
other evidence also was likely to turn
up before the final chapter Of the ia
nous case is written.
Unless we are much mistaken in
the fairness of the people of Fulton
County," said the attorneys, 'the
admitted facts will awaken great won
der as to what other things were
concealed and misrepresented in the
same way.
The story that the State and its
chief medical expert knew during the
Trial that the hair found in the pencil
factory was not the hair of Mary
Phagan amazes up beyond words.
For some time we have heard
vague rumors that the hair that hg-
ured in the Frank case was not the
hair Of Mary Phagan, and that DR..
Harris knew it when he testified at
the trial, and that the Solicitor knew
II when he was making proof about
the hiar by Barrett. Magnolia Ken
nedy and other witnesses; but, in
spite of these rumors, we could not
bring ourselves to believe that DR..
Harris would have concealed this i'm
portant matter, with the knowledge
of the Solicitor. and that the Solicitor
would argue to the jury as he did
that he finding of this hair was EVIL
dence of the fact that Frank killed
Mary Phagan on the second floor OF
the factory"