Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-21
CLAIM 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.. II. 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 PhaEan,
was further complicated Saturday ny
the presentation of a petition to the
City Council and Mayor Woodward BY
Robert Barrett. No. $40 West No~sh
avenue, former employee OF the
factory for the $1,000 reward when
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 rs 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 as they
changed the entire aspect of the case
and caused the arrest of Frank tile
same day, following the decision OF
the detectives that the murder was
committed on the second floor and
not in the basement, as was at firsf
generally believed.
The hairs that Barrett found in the
lathe are the same that were ex-
amined by DR. Harris, and which the
medical expert declares now did MOI
come from the head of Mary Phagan
Barrett intimates that the State built
its entire case upon the finding OF tho
hairs. and that the conviction of Frank
could not have been obtained had NOT
they been found
Puts Case Up to City.
Barrett's 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 trial II
VIII put squarely up to the autnori
ties a decision upon the importance
that the hairs and the blood spots
played in the conviction Of Frank and
should the Council and the authors
ties determine that the finding OF the
hairs was the direct cause OF the con-
vietion OF Frank, the defense viii uh-
doubtedly seize upon the circumstance
as a weapon upon which to base their
extraordinary appeal citing Or. Har-
ris to prove their assertion that the
hairs were not from the head OF Mary
Phagan.
The discovery by Attorney Herbert
Haas, of Franks counsel. of addition
al grounds upon which an appeal for
a rehearing OF the case BY the Sii-
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 Arnold
has completed the preparation OF the
appeal and had authorized The Geor-
CLAN to state that IL would be filed
before noon Saturday. Only few
moments before Mr.. Arnold intended
to go to the Capitol with the docd-
ment, he held short conference with
Mr. Haas, at which the latter told
Mr. Arnold OF the new grounds and
suggested that the filing of the APP
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 counsel
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
of fifty, citing instances where, in the
opinion of Franks attorneys, the SUI
preme Court justices overlooked sal
lent points of the case.
Barrett's petition. which was iled
by Attorney Lawton Nalley, sets