Atlanta Georgian., 1914-02-23
CLAIM HAL TS
APPEAL FOR
NEW TRIAL
Barrett, Franks Employee, Asks
$1,000 for Finding Hair on
Lathe, CompIicating Case.

The new angle given to the Frank
case by the assertion of DIR. H. F.
Harris that he does not believe the
hair found on a lathe on the second
floor Of the National Pencil Factory
to be from the head of Mary Phagan,
was further complicated Saturday ny
the presentation of a petition to the
city Council and Mayor Woodward by
Robert Barrett, No. $40 West North
avenue. a former employee of the
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
ing Of April 2s and that he first
found blood spots in the metal de-
partment on the second floor of the
factory.
Changed Aspect of Case.
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 they
changed the entire aspect of the case
and caused the arrest of Frank the
same day, following the decision oil
the detectives that the murder was
! committed on the second floor ano
/ hot in the basement, as was at nrsI
generally believed.
The hairs that Barrett found in the
lathe are the same that were ex-
amined by DIR. Harris, and which the
medical expert declares now did not
come from the head of Mary Phagan
Barrett !ntimates that the State built
it's entire case upon the finding of the
ha3rs and that the conviction of Frank
could not have been obtained had not
they been found.
Puts Case Up to City.
Q Barretts petition, coupled with Dr'
Harris statement of doubt regarding
the identity OF the hairs, is considered
one Of the most important develop
ments in the case since the trlai' II
win put squarely up to the authorl-
ties a decision upon the Importance
that the hairs and the blood spots
nIayed in the conviction Of FRANK ano
should the Council and the autnor-
,ies determine that the finding or the
bairs was the direct cause of the con-
,,ic+ion of Frank, the defense will un-
doubtedly seize upon the circumstance
as a weapon upon which to base their
extraordinary appeal, citing DR.. Har =
ris TO prove their assertion that the
,,,irs uora not from the head of Mary
Phagan.
The discovery by Attorney Herbert
Haas Of Franks counsel, of addition l.
al grounds upon which an appeal toi
a rebearing of the case by the Su-
rraue Court could be based, caused
the convicted mans attorneys to post
nopa the filing of the document untlI
Monday morning.
The discovery of the new grounds
came after Attorney Reuben Arnole
bas COMPLETED the preparation OF th'
appeal and had authorized The Geor'
,tan to state that it would be hlec
before noon Saturday Only a few
moments before Mr.. Arnold intended
TO 90 to the Capitol with the d0cu'
,nent he held a short cor N9rence WITT
Mr. Haas. at which the latter tolt
Mr. Arnold of the new grounds anc
suggested that the filing of the ap'
peal be postponed until Monday Sc
49,, nev1aaterial could be incorpo'
rated into the document.
Neither Mr. Arnold nor any OF th'
other members of Franks couhse
would divulge the nature OF th'
grounds upon which the new hearing
will be asked, but It is understood tina
they will number in the neAghoorhoo'
of fifty. citing instances where IN th'
opinion of Franks attorneys, the Su'
preme Court justices overlooked sal
lent points of the case.
Barrett's petition, which was hie'
" Attorney Lawton Nalley' set
Continued on Page 2, Column ..