The Atlanta Constitution,
Friday, 3rd October 1913,
PAGE 5, COLUMN 1.
Dorsey Expected to
Produce
Affidavits, Denying
Jurors'
Alleged Bias Against
Frank.
Postponement Seen.
The hearing of the motion for a new trial made by attorneys
for Leo M. Frank, convicted slayer of Mary Phagan, which is
scheduled to come up Saturday, will likely be postponed two
weeks. The delay will probably come following a request of
Solicitor Hugh M. Dorsey, who, although struggling through the
defense's brief as rapidly as possible, will not be ready to proceed
at that time, as he is now in the midst of digesting and answering
the 115 objections made by the convicted man's lawyers.
It will take me from now oh until the first of next week, said
Mr. Dorsey Thursday, to get through with my end of this petition.
There are nine volumes of evidence to digest and answer. It is a
superhuman task to have this mass of evidence in any shape to
make a court appearance Saturday, at least.
May Be Heard October 18.
From authentic sources it was learned that the possible date
for the hearing of the motion will be October 18. Judge L. S. Roan
may not take a seat in the court of appeals until he hears the
Frank retrial motion, and Thursday he indicated that he would not
be ready to take his new place for at least some days, as he
expressed it.
Conjecture was rife Thursday around the courthouse as to
just what sort of replies Dorsey would make to the defense
objections which centered in the plea that the mob spirit
controlled the Frank trial. It was suggested at the courthouse
that Dorsey might bring affidavits from all of the Frank jurors
denying that they were swayed in any manner by public
sentiment.
Juror Johenning Indignant.
Already the replies of the Frank jurors charged with bias in
affidavits presented by the defense attorneys are coming to light.
Marcus Johenning, of 161 Jones avenue, declared Thursday
that the charge in his case was absolutely flimsy"more flimsy
than the paper won which it is written"he said.
I swerved on that jury because I did not want to lie out of so
doing, he added. And now to accuse me of falsehood to secure a
month's service is rank injustice. I lost money through the neglect
of my business, and I had nothing to gain. If there are any
persons who have made affidavits that we have done Frank an
injustice, they have lied.
SUPREME COURT
OF GA.
Judgements Affirmed.
Kelly et al, v. Whitley et al.; from Douglas superior court:
Judge Bell presiding. Anderson, Felder. Rountree and Wilson, W. T.
Roberts, J. R. Hutcheson, for plaintiffs, in error. J. S. James, Scott
and Davis, contra.
Jefferson Fire Insurance company v. Brackin; from Decatur:
Judge Frank Park. Smith, Hammond and Smith, for plaintiff, in
error. T. S. Hawes, contra.
Wallace v. City of Atlanta; from Fulton: Judge Pendleton. J. D.
Kilpatrick, for plaintiff, in error. J. L. Mayson, W. D. Ellis, Jr., contra.
Craven v. Martin; from Habersham: Judge Jones. McMillian
and Erkin, for plaintiff in error. J. C. Edwards, contra.
Judgements Reversed.
Banks v. Bradwell, administrator from Fulton: Judge
Pendleton. C. W. Smith, M. A. Hale, R. R. Blackburn, for plaintiff, in
error, Rosser and Brandon, Stiles Hopkins, L. Z. Rosser, Jr., contra.
Atlanta and Carolina Railway company v. Carolina Portland
Cement company et al.; from Fulton: Judge Ellis. Simmons and
Simmons, for plaintiff, in error. Robert C. and Philip H. Alston,
Evins and Spence, Slatin and Phillips E. V. Carter contra.
Strickland et al. v. Lowry National bank; from Bartow: Judge
Fite. Finley and Henson J. P. Brooke George F. Gober, for plaintiffs,
in error. John T. Norris, J. H. Porter, contra.
Louisville and Nashville Railroad company v. Henderson et
al.; from Bartow; Judge Fite. D. W. Blaire Tye Peeples and Jordan
Neel and Neel for plaintiff in error. George H. Aubrey John T.
Norris contra.
Louisville and Nashville Railroad company v. Kemp; from
Gordon: Judge Fite. Tye, Peeples and Jordan, D. W. Blair, O. N.
Starr, for plaintiff, in error. George F. Gober, contra.
Coffey v. Cobb; from Murray: Judge Fite. Maddox, McCamy
and Shumate R. N. Steed, for plaintiff, in error, C. N. King, W. E.
Mann, W. C. Martin, contra.