The Atlanta Georgian,
Saturday, 4th October 1913,
PAGE 1, COLUMNS 1, 5, 6, 7, & 8.
PAGE 1, COLUMN 1
SENSATIONAL CHARGE IN
FRANK CASE
PAGE 1, COLUMNS 5,
6, & 7
CHARGES
PREJUDICE
AGAINST FRANK
JUROR
C. P. STOUGH.
PAGE 1, COLUMN 8
PREJUDI
CE
DENIED
BY
THOSE
ON
PANEL
C. P. Stough Deposes That
A. H.
Henslee Showed
Animus Be-
fore Being Drawn.
With members of the Frank trial jury rallying to the defense
of their comrades accused of bias and prejudice, the revelation
was made Friday that, in a sealed deposition to be used by the
defense. A. A. Henslee, one of the jurors, is accused of having
made this statement before he was chosen as one of the twelve
men to try the factory superintendent:
I believe Frank is guilty, and would like to be in a position to
break his neck.
The man who swears that the accused juror made this
statement, in spite of the fact that he swore of being unprejudiced
when questioned as a talesman, is C. P. Stough, organize of the
Masons' Annuity and a well-known business man.
Affidavit To Be Feature.
His affidavit will play an important part in the fight for
Frank's life, which opens Saturday before Judge Roan, which very
likely will be postponed at that time. Solicitor Dorsey undoubtedly
will ask for time in which to examine the volumes of contentions
made by the defense in their plea charging 115 errors.
Mr. Dorsey, it is understood, will make an immediate
demand for the affidavits against Henslee and Johenning, who
also is alleged to have uttered remarks that showed prejudice
before the trial began.
Mr. Stough spoke reluctantly to a Georgian reporter as to the
contents of the affidavit he had made regarding Henslee.
Forced to Make Statement.
I dislike very much to be brought into it, and was really
literally forced into making it. I at first refused, but was
summoned and was compelled to make it. The affidavit tells of a
conversation I had with Mr. Henslee while riding to town on a
street car one morning several weeks before the trial. At that time
he, of course, did not know that he was to be summoned as a
juror.
He asked me what I thought of Frank, and I said I believed
he was guilty. I believe he is guilty, too, and would like to be in a
position to break his neck,' he replied.
Mr. Stough resides at No. 115 Holderness street, and says he
frequently rode to town with Henslee. Since the trial Henslee has
moved to Barnesville, but is said to have denied the words
alleged to have been spoken by him.
Kept the Matter Quiet.
When the Frank jury was selected I told my wife of Mr.
Henslee's remarks, but not wishing to get mixed in the matter,
kept it quiet and told no one else, continued Mr. Stough. Shortly
after the completion of the trial I was in Royston and told a friend
of mine and, without my knowledge, he informed Mr. Rosser. Two
of Mr. Rosser's men came to see me and worried me for two
weeks, but I declined to give them any information.
I then received a summons from Judge Bell's court
instructing me to go before S. N. Teitlebaum, commissioner, and
was compelled to go. I have known Mr. Henslee for a long time
and like him very well, but his words to me indicated prejudice.
His
PAGE 6, COLUMN 1
CHARGES OF
BIAS
BOSH,
ASSERTS
FRANK
JURY
Fellow Members Unite in
Defense
of Men Accused of
Prejudice
by the Defense.
Continued From Page 1.
words did not have the intimation that he would like to be on the
jury, but I took them to understand that he meant he would like to
be with a crowd who would take charge of Frank. He simply said,
I would like to be in a position to break his neck,' and that was
all.
Dorsey to Ask Publicity.
When the hearing of the motion for a new trial is called
before Judge Roan. Solicitor Dorsey, it is understood, will request
the court to require the defense to submit in open court the
affidavits of the alleged bias of jurors.
Following this request, Mr. Dorsey will request a two weeks'
postponement of the hearing in order to give him time to check
up the brief of evidence and examine the amendment to the
motion offered by the defense.
Mr. Dorsey declared Friday that he was looking into the
legality of having jurors the affidavits with him regarding their
alleged unbias in rendering the Frank verdict. This point probably
will be settled in court Saturday morning.
The court has it in its power to refuse this request and order
both prosecutor and defense to proceed with the hearing, but
there is little likelihood that this will be done in view of the fact
that the Solicitor has had but two days in which to examine the
evidence following the filing of the amended motion Wednesday.
Hooper Aids Solicitor.
Mr. Dorsey was busily engaged Friday in examining the brief
of evidence. This voluminous record, as pointed out by Mr.
Dorsey, is about 14 inches in height and is contained in seven
volumes. The entire record, including the amended motion, is
something like 22 inches in height.
Attorney Hooper, who assisted Mr. Dorsey in the prosecution
of Frank, is also relaying with the Solicitor in examining the brief
of evidence.
The jury was a unit in declaring that Frank received as fair a
trial as any man ever received in Georgia, in defending the rulings
of Judge L. S. Roan"which they declared vehemently were more
than fair to Frank's cause " and all of them denied emphatically
that they were influenced or prejudiced by the cheering and other
incidents of the trial on which the defense, based its motion for a
new trial.
Brands Charges as Untrue.
F. E. Winburn, claim agent for the Atlanta and West Point
Railroad, one of the Frank jury, brands as untrue the charges
made by the defense.
I do not believe there was a man on the jury that found
Frank guilty but who voted for the verdict because the evidence
made the guilt of the factory superintendent plain, Mr. Winburn
said. The charges that the jury was prejudiced are untrue. There
was no doubt in my mind when all the evidence had been heard.
I heard no cheering; neither was I prejudiced. When I served
on the jury I sacrificed my own interests, but I did my duty as a
citizen. The trial was fair. I thought Judge Roan more than fair in
his rulings. So far as I am concerned, I want to say that the verdict
was fair, and could not have been otherwise than what it was.
Defends Fellow Jurors.
I have tried to keep out of the argument because I was not
attacked personally by the attorneys for the defense, but I agree
heartily with the statement of Mr. Johenning as published in
yesterday's Georgian. While I did not know any of the other jurors
prior to the trial, my association with them for that 29-day period
satisfied me they are all men of honor and integrity.
A. L. Wisbey, cashier at the Buckeye Cotton Oil Company,
would make no extended comment on the case.
I was influenced by no one, he declared. I heard no
cheering. I think the trial was as fair as was ever given to any
man. I believe Judge Roan was fair, and I think each man on the
jury voted Frank guilty because he could not do otherwise on the
evidence submitted.
Charles J. Bosshardt, an employee of the Foote-Davis
Company, characterized the charges of bias and prejudice as
bosh.
And I see no reason why Frank should be given a new trial,
he added. I heard none of the alleged cheering, and I was not
influenced in any way, by any one on anything. The members of
the jury seemed to me to be gentlemen, and certainly they were
intelligent.
Judge Roan, I think, is a fine man, and I have never seen a
fairer judge, I never was prejudiced against Frank, I tried to give
him the benefit of the doubt in my own mind all the time. I say it
was all fair and square, and that the charges that some of the
jurors were influenced by this and that are all bosh.
F. L. V. Smith, No. 481 Cherokee avenue, denied
emphatically that the jury was prejudiced.
The charge that the Frank jury was prejudiced is utterly
untrue, said he. I can say with positive certainty, speaking not
only for myself, but for the entire jury, that each man did his duty
as he saw it, and that the verdict was reached fairly and
impartially.
We were not influenced by the cheering and could not have
been because we were always in the anteroom, and could not tell
which side was being cheered. The deputies told us absolutely
nothing. I am not versed in the technicalities of the law, but it
seems to me that Leo Frank had as fair trial as he possibly could
have had.
PAGE 2, COLUMNS 1 &
7
PAGE 2, COLUMN 1
FRANK RESPITED; CASE
DELAYED
JUROR HENSLEE BRANDS
CHARGES AS FALSE
PAGE 2, COLUMN 7
THREATENS TO
BRING
SUIT AGAINST
STOUGH
FOR CHARGE
OF BIAS
Leo M. Frank will not hang on October 10"the d for which
his execution had been set by Judge L. S. Roan. After granting a
postponement of the hearing on the motion for a new trial Judge
Roan Saturday indefinitely postponed the sentence. The case was
put off until next Saturday at the request of the Solicitor and will
be postponed again if he desires to give him full opportunity to
meet the arguments of the defense.
With the fight for Leo M. Frank's life reopening Saturday
morning before Judge L. S. Roan, emphatic denial was made by
Juror A. H. Henslee of charges of prejudice and expressed
eagerness to hang the prisoner made against him by Colonel C. P.
Stough of this city, a trio of witnesses in Sparta and other places.
Henslee, the principal juror under fire in the battle for a new
trial, branded as false the statements, asserting that he never
had expressed a desire for vengeance against the man convicted
of the murder of Mary Phagan. He said he would hale his accusers
into court.
Everything was in readiness for the formal opening of the
hearing before Judge Roan, with all the probabilities pointing to a
postponement at the suggestion of Solicitor General Hugh M.
Dorsey to give him time to look over the volumes of contentions
submitted by the defense.
Henslee Arrives in City.
Mr. Henslee, who is a traveling salesman, with headquarters
now in Barnesville, Ga., arrived in Atlanta, Friday afternoon. He
had read reports of the attack made upon himself and Marcellus
Johenning, another of the jurors, in the motion filed by Frank's
attorneys for a new trial, he said, and came to Atlanta to brand
the accusations, in so far as he personally knew, as infamous
falsehoods.
Chief of the statements purported to have been made by
Henslee before he was chosen as a member of the Frank jury was
that averred by Mr. Stough, who is organizer of the Masons'
Annuity and a well-known business man, residing at No. 115
Holderness street.
Henslee said to me before the trial, I believe Frank is guilty,
and would like to be in a position to break his neck,' Mr. Stough
told a Georgian reporter.
This statement, together with others of a similar nature
which Henlee is accused of having made to John M. Holmes, S. M.
Johson and Shi Gray in Sparta, Ga., have been sworn to and are
now in the hands of Frank's attorneys.
False in Every Detail.
I hardly know this man Stough, declared Henslee, and
have not even seen him for four months. I am positive that I never
discussed the Frank case with him in any of its phases nor
expressed my opinion of the man's guilt or innocence.
Mr. Henslee was shown the statements made by Stough as
printed exclusively in The Georgian Friday.
I brand the entire thing as false in every detail, he said.
The former juror's attention was then called to the
depositions made by Holmes, Johnson and Gray, of Sparta. These
depositions were sworn to before J. M. Lewis, a notary of that
town.
I recall having met Holmes and Gray, Henslee said, and it
is possible that I became acquainted with Johnson on one of my
trips, but I never mentioned the Frank case to them, nor did I ever
express an opinion on it. If these men say that I did, they are
lying.
Juror Scores His Accusers.
I want to say now, continued Mr. Henslee, that in casting
my ballot for the conviction of Frank I did so in accordance with
the dictation of my conscience. I did my duty pure and simple,
and when these men swear that I did not, as they are reported to
have done, they are all liars.
I am going to investigate this matter, and if the reports are
true, I will bring legal action against these men. They are trying to
prove me a perjurer and I believe I have the basis
PAGE 7, COLUMN 1
BATTLE FOR
LIFE
OF LEO
FRANK
REOPENE
D
Juror Henslee Brands
Charges of
Prejudice as False in
Each
and Every Detail.
Continued From Page 1.
of a good case against them. They will have to prove their
assertions or take the consequences.
The affidavits made in Sparta against Henslee have been
kept secret. The depositions were obtained by Attorney Stiles
Hopkins, of the firm of Rosser, Brandon, Slaton and Phillips, who
also want to Blakely, Ga., on the same mission. It is understood,
however, that the parties at Blakely declared that Henslee had
not displayed any prejudice in conversation with them.
The depositions taken at Sparta were made by John M.
Holmes, of the firm of Holmes & Walker; S. M. Johnson, cashier of
the same firm, and Shi Gray, who is said to have been in the store
at the time Hensley made the remarks charged to him.
Sparta Men Keep Silent.
When requested for a statement of the contents of their
depositions the three men declared that they preferred to keep
silent; that for certain reasons they had agreed to remain quiet.
The depositions were sealed and filed with the Clerk of the
Criminal Court.
It is understood that the remarks alleged to have been made
by Henslee in Sparta proclaimed him as being convinced of the
guilt of Frank. Henslee travels for a buggy concern and was in the
store of Holmes & Walker in the ordinary course of his business. It
is claimed that he discussed the Frank case freely while in the
store.
It was generally understood Saturday Solicitor Dorsey would
ask that the sealed depositions of the three Sparta men, C. P.
Stough and others, be opened.
It is believed a postponement of at least two weeks will be
requested by Solicitor Dorsey in order that he may properly
prepare his defense of the 115 counts presented by the defense
as causes for a new trial. Since Wednesday he and Attorney Frank
Hooper have been busy preparing a reply and are getting along
more rapidly than they expected.
PAGE 8, COLUMN 1
BATTLE FOR
LIFE
OF LEO
FRANK
REOPENE
D
Juror Henslee Brands
Charges of
Prejudice as False in
Each
and Every Detail.
Continued From Page 1.
sions were to the effect that he believed there was no doubt of
Frank's guilt; that he was glad Frank had been indicted; that his
neck should be broken; that Frank should be lynched, and that if
he were on the jury he would hang him sure.
Some of the depositions charged that Johenning had made
the remark that Frank was undoubtedly guilty, and that he had
spoken forcibly and positively.
Depositions furnished the Solicitor were made by H. C.
Loevenhart, Mrs. J. G. Loevenhart, Miss Miriam Loevenhart, S.
Aron, Mack Farkas, R. K. Greme, J. J. Nunnally, W. L. Picker, J. A.
Lehman, Samuel Boorstin, Mrs. A. Shurman, Sampson Kay, B. M.
Kay, Miss Martha Kay, Charles J. Moore, W. B> Cate, J. H. G.
Cochran and H. G. Williams.
Charge Jury Heard Cheers.
These depositions alleged that the cheering by the crowd
outside of the courthouse was plainly audible to the jury and that
it would have been plainly impossible for the members of the jury
not to have heard it. One man charges that a man in the court-
room seized the hand of one of the jurors and spoke to him, and
was sharply reprimanded by Chief Deputy Sheriff Plennie Miner.
One deposition charges Juror Smith with having gazed out of
a third floor window in the Kimball House at the cheering crowd
on Pryor street.
The additional affidavits besides those of Stough and the
three Sparta men charging Juror Henslee with having displayed
prejudice, were made by R. L. Gremer and Mack Farkas, of
Albany; Julian A. Lehman, of Atlanta, and Sam Aaron, of Atlanta.
There can be no doubt but that Frank is guilty, are the
words credited to Henslee by Greme and Farkas. They charge him
with making this assertion in front of the Sam Farkas livery stable
in Albany some time prior to the trial. They assert that they know
Henslee well, and further identify him as the man making this
remark by pictures of Juror Henslee which appeared in The
Georgian.
Another Instance Cited.
On June 2 Juror Henslee is charged with remarking on a train
that Frank is as guilty as a d"dog and ought to have ---neck
broke. Julian A. Lehman makes that deposition, charging the
remark was made on a train between Atlanta and Experiment, Ga.
He charges him with having made practically the same remark on
June 20.
In a deposition by Samuel Aron, remarks made at the Elks'
Club in Atlanta two days after the Grand Jury indicted Frank are
credited to Henslee. Aron asserts that at the time the remarks
were made he did not know Henslee's name, but learned it later.
The words he alleged were spoken by Henslee were: I am glad
they indicted --- Jew. They ought to take him out and lynch him
and if I get on the jury I will hang that Jew sure.
The depositions charging Johenning with showing bias were
made by Mrs. Jennie G. Loevenhart, her daughter, Miss Miriam
Loevenhart, and H. C. Loevenhart.
Tell of Words to Juror.
Mrs. Loevenhart and Miss Loevenhart assert that they met
Johenning on Forsyth street one day in May, and that he
expressed belief in Frank's guilt and that his statements were
made forcibly and positively.
H. C. Loevenhart, who is connected with the Hodges Broom
Works, asserted that Johenning had also expressed to him his
belief in Frank's guilt.
W. P. Neill made an affidavit declaring he saw a man in the
courtroom seize one of the jurors' hands and speak to him while
the jury was passing out of the courtroom.
Neill asserts that Chief Deputy Sheriff Plennie Miner saw the
act and threatened to put he man out of the courtroom, charging
him with speaking to juryman.
I could not understand what the man said, Neill states in
the affidavit. Neill also asserted that he was in the courtroom two
days of the trial and that he heard the crowd in the street cheer
Dorsey, and that the cheering was plainly audible to the jury.
Jury Could Hear Cheering.
Attorney Charles J. Moore asserts that he was in his office at
No. 301 Kiser Building at 6 p.m. August 22 and heard the crowd
cheer Solicitor Dorsey as he left the courthouse.
The jury was not 50 feet from the entrance of the
courthouse during the demonstration, the affidavit reads. He also
told of the cheering of August 23, saying the jury was also close
enough to hear.
The deposition also states that Moore heard many threats of
violence to Frank in the event of an acquittal. It also named two
men whom he charged with continuously loitering around the
courthouse during the trial.
B. M. Kay, of No. 264 South Pryor street, in his deposition
charges that while he was driving his father's automobile, in
company with his mother, Mrs. Rose Kay, and his brother,
Sampson Kay, between 8 and 8:30 o'clock Saturday night, August
23, he saw the Frank jury pass from East Fair into South Pryor
street and proceed to the Kimball House, and that seven or eight
men walked alongside of them for several blocks and chatted with
members of the jury.
Bet He Would Be Selected.
The other affidavits told of the cheering which greeted
Solicitor Dorsey on different occasions, and asserted the cheering
was plainly audible to the jury.
The affidavits of the Sparta men Shl Gray, John M. Holmes
and Johnson, all charge that the Frank case was discussed in the
office of Walton Holmes Insurance man, in Sparta. They declare
that in the course of the conversation Henslee declared he knew
Frank was guilty. They say he expressed his convictions firmly
and emphatically. The remarks were made, it is said, after
Henslee had been drawn as one of the talesmen in the case and
Gray says Henslee declared I'll bet a dollar I am chosen on that
jury.
Henslee Arrives in City.
Mr. Henslee, who is a travelling salesman, with headquarters
now in Barnesville, Ga., arrived in Atlanta Friday afternoon. He
had read reports of the attack made upon himself and Marcellus
Johenning, another of the jurors, in the motion filed by Frank's
attorneys for a new trial, he said, and came to Atlanta to brand
the accusations, in so far as he personally knew, as infamous
falsehoods.
Chief of the statements purported to have been made by
Henslee before he was chosen as a member of the Frank jury was
that averred by Mr. Stough, who is organizer of the Masons'
Annuity and well-known business, residing at No. 115 Holderness
street.
Henslee said to me before the triad, I believe Frank is
guilty and would like to be in a position to break his neck,' Mr.
Stough told a Georgian reporter.
False in Every Detail.
I hardly know this man Stough, declared Henslee, and
have not even seen him for four months. I am positive that I never
discussed the Frank case with him in any of its phases nor
expressed my opinion of the man's guilt or innocence.
Mr. Henslee was shown the statements made by Stough as
printed exclusively in The Georgian Friday.
I brand the entire thing as false in every detail, he said.
The former juror's attention was then called to the
depositions made by Holmes, Johnson and Gray, of Sparta. These
depositions were sworn to before J. M. Lewis, a notary of that
town.
I recall having met Holmes and Gray, Henslee said, and it
is possible that I became acquainted with Johnson on one of my
trips, but I never mentioned the Frank case to them, nor did I ever
express an opinion on it. If these men say that I did, they are
lying.
Jurors Scores His Accusers.
I want to say now, continued Mr. Henslee, that in casting
my ballot for the conviction of Frank I did so in accordance with
the dictation of conscience. I did my duty, pure and simple, and
when these men swear that I did not, as they are reported to
have done, they are all liars.
I am going to investigate this matter, and if the reports are
true, I will bring legal action against these men. They are trying to
prove me a perjurer, and I believe I have the basis of a good case
against them. They will have to prove their assertions or take the
consequences.
PAGE 3, COLUMNS 1 &
7
PAGE 3, COLUMN 1
FRANK'S FIGHT FOR LIFE
POSTPONED
Many Affidavits Attack Jurors Henslee
and Johenning
PAGE 3, COLUMN 7
ACCUSED
THREATENS
SUIT DENIES
BIAS AND
CALLS
CHARGES LIES
With Leo M. Frank's sentence respited indefinitely, and the
hearing on his lawyers' motion postponed for a week, new
sensations were sprung in the fight for the convicted factory
super intendent's life with the revelation Saturday of the contents
of a mass of affidavits charging prejudice against A. H. Henslee
and Marcellus Johenning, members of the trial jury.
Most of the fire is directed at Henslee, who is charged by
many persons with having expressed violent feelings on the case
before he was chosen as a juror. He is accused of having
expressed his conviction of Frank's guilt and his eagerness to see
him hanged, and to have referred in profane terms to the
prisoner's race.
The hearing of the motion for a new trial was postponed by
Judge Roan at the request of Solicitor General Hugh M. Dorsey
when the case was called shortly after 9 o'clock Saturday
morning. The Solicitor said he needed time to look into the
volumes of contentions made by the defense in the please setting
forth 115 reasons why Frank should get a new trial. Judge Roan
put the hearing off until next Saturday, and announced that he
would be ready to grant the Solicitor more time then, if
necessary.
Delay Is Secured Quickly.
The order for an indefinite stay was issued in less than ten
minutes after the hearing of the motion for a new trial was taken
up.
I have not had time in which to prepare my reply to the
motion, as it was only presented to me a day or two ago is quite
lengthy, said Solicitor Dorsey. Therefore, I am going to ask your
honor to postpone this hearing until I have time to complete my
work on it.
It is my desire to complete the case as quickly as possible,
and it is imperative that it should be. The work of the Court of
Appeals is hinging on this case in a way, as you care being
delayed in taking up your duties there until after you have heard
this motion. I think that possibly I can complete my reply by next
Saturday, but in the event, I find this impossible I would l your
honor to grant a further delay.
Attorneys Arnold and Rosser said this would be agreeable to
them.
Gets Copies of Charges.
Dorsey asked that he be furnished with all of the depositions
which the defense had taken, and Attorney Rosser advised that
he would furnish them to the Solicitor some time during the day.
I think I have copies of all of them in my office and will give
them to you to-day, said Mr. Rosser to the Solicitor some time
during the day.
I think I have copies of all of them in my office and will give
them to you to-day, said Mr. Rosser to the Solicitor. In the event
we obtain any new ones we will also submit them to you, he
added.
I will set this hearing for 9:30 o'clock next Saturday
morning, then, said Judge Roan. I trust, however Mr. Dorsey, that
you will be prepared by that time.
The judge then instructed the clerk to issue an order
directing Sheriff Mangum to indefinitely stay the execution of Leo
M. Frank, which had been set for October 10.
Following the hearing, Attorney Rosser furnished copies of
most of the depositions which have been taken by the defense.
The ones lacking are those made by C. P. Stough, of Atlanta, and
John M. Holmes, Shi Gray and S. M. Johnson, of Sparta, Ga., copies
of which are expected to be given the Solicitor during the day.
Points Made in Depositions.
In the depositions given the Solicitor Saturday morning Juror
A. H. Henslee is charged with having made remarks showing him
to be biased, at the Elks' Club in Atlanta, on a train between
Atlanta and Experiment, Ga., and in front of a livery stable at
Albany, Ga. These expres-
PAGE 8, COLUMN 1
BATTLE FOR
LIFE
OF LEO
FRANK
REOPENE
D
Juror Henslee Brands
Charges of
Prejudice as False in
Each
and Every Detail.
Continued From Page 1.
sions were to the effect that he believed there was no doubt of
Frank's guilt; that he was glad Frank had been indicted; that his
neck should be broken; that Frank should be lynched, and that if
he were on the jury he would hang him sure.
Some of the depositions charged that Johenning had made
the remark that Frank was undoubtedly guilty, and that he had
spoken forcibly and positively.
Depositions furnished the Solicitor were made by H. C.
Loevenhart, Mrs. J. G. Loevenhart, Miss Miriam Loevenhart, S.
Aron, Mack Farkas, R. K. Greme, J. J. Nunnally, W. L. Picker, J. A.
Lehman, Samuel Boorstin, Mrs. A. Shurman, Sampson Kay, B. M.
Kay, Miss Martha Kay, Charles J. Moore, W. B> Cate, J. H. G.
Cochran and H. G. Williams.
Charge Jury Heard Cheers.
These depositions alleged that the cheering by the crowd
outside of the courthouse was plainly audible to the jury and that
it would have been plainly impossible for the members of the jury
not to have heard it. One man charges that a man in the court-
room seized the hand of one of the jurors and spoke to him, and
was sharply reprimanded by Chief Deputy Sheriff Plennie Miner.
One deposition charges Juror Smith with having gazed out of
a third floor window in the Kimball House at the cheering crowd
on Pryor street.
The additional affidavits besides those of Stough and the
three Sparta men charging Juror Henslee with having displayed
prejudice, were made by R. L. Gremer and Mack Farkas, of
Albany; Julian A. Lehman, of Atlanta, and Sam Aaron, of Atlanta.
There can be no doubt but that Frank is guilty, are the
words credited to Henslee by Greme and Farkas. They charge him
with making this assertion in front of the Sam Farkas livery stable
in Albany some time prior to the trial. They assert that they know
Henslee well, and further identify him as the man making this
remark by pictures of Juror Henslee which appeared in The
Georgian.
Another Instance Cited.
On June 2 Juror Henslee is charged with remarking on a train
that Frank is as guilty as a d"dog and ought to have ---neck
broke. Julian A. Lehman makes that deposition, charging the
remark was made on a train between Atlanta and Experiment, Ga.
He charges him with having made practically the same remark on
June 20.
In a deposition by Samuel Aron, remarks made at the Elks'
Club in Atlanta two days after the Grand Jury indicted Frank are
credited to Henslee. Aron asserts that at the time the remarks
were made he did not know Henslee's name, but learned it later.
The words he alleged were spoken by Henslee were: I am glad
they indicted --- Jew. They ought to take him out and lynch him
and if I get on the jury I will hang that Jew sure.
The depositions charging Johenning with showing bias were
made by Mrs. Jennie G. Loevenhart, her daughter, Miss Miriam
Loevenhart, and H. C. Loevenhart.
Tell of Words to Juror.
Mrs. Loevenhart and Miss Loevenhart assert that they met
Johenning on Forsyth street one day in May, and that he
expressed belief in Frank's guilt and that his statements were
made forcibly and positively.
H. C. Loevenhart, who is connected with the Hodges Broom
Works, asserted that Johenning had also expressed to him his
belief in Frank's guilt.
W. P. Neill made an affidavit declaring he saw a man in the
courtroom seize one of the jurors' hands and speak to him while
the jury was passing out of the courtroom.
Neill asserts that Chief Deputy Sheriff Plennie Miner saw the
act and threatened to put he man out of the courtroom, charging
him with speaking to juryman.
I could not understand what the man said, Neill states in
the affidavit. Neill also asserted that he was in the courtroom two
days of the trial and that he heard the crowd in the street cheer
Dorsey, and that the cheering was plainly audible to the jury.
Jury Could Hear Cheering.
Attorney Charles J. Moore asserts that he was in his office at
No. 301 Kiser Building at 6 p.m. August 22 and heard the crowd
cheer Solicitor Dorsey as he left the courthouse.
The jury was not 50 feet from the entrance of the
courthouse during the demonstration, the affidavit reads. He also
told of the cheering of August 23, saying the jury was also close
enough to hear.
The deposition also states that Moore heard many threats of
violence to Frank in the event of an acquittal. It also named two
men whom he charged with continuously loitering around the
courthouse during the trial.
B. M. Kay, of No. 264 South Pryor street, in his deposition
charges that while he was driving his father's automobile, in
company with his mother, Mrs. Rose Kay, and his brother,
Sampson Kay, between 8 and 8:30 o'clock Saturday night, August
23, he saw the Frank jury pass from East Fair into South Pryor
street and proceed to the Kimball House, and that seven or eight
men walked alongside of them for several blocks and chatted with
members of the jury.
Bet He Would Be Selected.
The other affidavits told of the cheering which greeted
Solicitor Dorsey on different occasions, and asserted the cheering
was plainly audible to the jury.
The affidavits of the Sparta men Shl Gray, John M. Holmes
and Johnson, all charge that the Frank case was discussed in the
office of Walton Holmes Insurance man, in Sparta. They declare
that in the course of the conversation Henslee declared he knew
Frank was guilty. They say he expressed his convictions firmly
and emphatically. The remarks were made, it is said, after
Henslee had been drawn as one of the talesmen in the case and
Gray says Henslee declared I'll bet a dollar I am chosen on that
jury.
Henslee Arrives in City.
Mr. Henslee, who is a travelling salesman, with headquarters
now in Barnesville, Ga., arrived in Atlanta Friday afternoon. He
had read reports of the attack made upon himself and Marcellus
Johenning, another of the jurors, in the motion filed by Frank's
attorneys for a new trial, he said, and came to Atlanta to brand
the accusations, in so far as he personally knew, as infamous
falsehoods.
Chief of the statements purported to have been made by
Henslee before he was chosen as a member of the Frank jury was
that averred by Mr. Stough, who is organizer of the Masons'
Annuity and well-known business, residing at No. 115 Holderness
street.
Henslee said to me before the triad, I believe Frank is
guilty and would like to be in a position to break his neck,' Mr.
Stough told a Georgian reporter.
False in Every Detail.
I hardly know this man Stough, declared Henslee, and
have not even seen him for four months. I am positive that I never
discussed the Frank case with him in any of its phases nor
expressed my opinion of the man's guilt or innocence.
Mr. Henslee was shown the statements made by Stough as
printed exclusively in The Georgian Friday.
I brand the entire thing as false in every detail, he said.
The former juror's attention was then called to the
depositions made by Holmes, Johnson and Gray, of Sparta. These
depositions were sworn to before J. M. Lewis, a notary of that
town.
I recall having met Holmes and Gray, Henslee said, and it
is possible that I became acquainted with Johnson on one of my
trips, but I never mentioned the Frank case to them, nor did I ever
express an opinion on it. If these men say that I did, they are
lying.
Jurors Scores His Accusers.
I want to say now, continued Mr. Henslee, that in casting
my ballot for the conviction of Frank I did so in accordance with
the dictation of conscience. I did my duty, pure and simple, and
when these men swear that I did not, as they are reported to
have done, they are all liars.
I am going to investigate this matter, and if the reports are
true, I will bring legal action against these men. They are trying to
prove me a perjurer, and I believe I have the basis of a good case
against them. They will have to prove their assertions or take the
consequences.
PAGE 4, COLUMNS 1 &
8
PAGE 4, COLUMN 1
FRANK GIVEN
INDEFINITE RESPITE
Hearing on New Trial Motion Is
Postponed
PAGE 4, COLUMN 8
PREJUDI
CEOF
JURORS
CHARGE
D
BY
MANY
Henslee, Accused,
Threatens Suit
Against Maker of
Affidavit,
Denies He Was
Biased.
With Leo M. Frank's sentence respited indefinitely, and the
hearing on his lawyers' motion postponed for a week, new
sensations were sprung in the fight for the convicted factory
super intendent's life with the revelation Saturday of the contents
of a mass of affidavits charging prejudice against A. H. Henslee
and Marcellus Johenning, members of the trial jury.
Most of the fire is directed at Henslee, who is charged by
many persons with having expressed violent feelings on the case
before he was chosen as a juror. He is accused of having
expressed his conviction of Frank's guilt and his eagerness to see
him hanged, and to have referred in profane terms to the
prisoner's race.
The hearing of the motion for a new trial was postponed by
Judge Roan at the request of Solicitor General Hugh M. Dorsey
when the case was called shortly after 9 o'clock Saturday
morning. The Solicitor said he needed time to look into the
volumes of contentions made by the defense in the please setting
forth 115 reasons why Frank should get a new trial. Judge Roan
put the hearing off until next Saturday, and announced that he
would be ready to grant the Solicitor more time then, if
necessary.
Delay Is Secured Quickly.
The order for an indefinite stay was issued in less than ten
minutes after the hearing of the motion for a new trial was taken
up.
I have not had time in which to prepare my reply to the
motion, as it was only presented to me a day or two ago is quite
lengthy, said Solicitor Dorsey. Therefore, I am going to ask your
honor to postpone this hearing until I have time to complete my
work on it.
It is my desire to complete the case as quickly as possible,
and it is imperative that it should be. The work of the Court of
Appeals is hinging on this case in a way, as you care being
delayed in taking up your duties there until after you have heard
this motion. I think that possibly I can complete my reply by next
Saturday, but in the event, I find this impossible I would l your
honor to grant a further delay.
Attorneys Arnold and Rosser said this would be agreeable to
them.
Gets Copies of Charges.
Dorsey asked that he be furnished with all of the depositions
which the defense had taken, and Attorney Rosser advised that
he would furnish them to the Solicitor some time during the day.
I think I have copies of all of them in my office and will give
them to you to-day, said Mr. Rosser to the Solicitor some time
during the day.
I think I have copies of all of them in my office and will give
them to you to-day, said Mr. Rosser to the Solicitor. In the event
we obtain any new ones we will also submit them to you, he
added.
I will set this hearing for 9:30 o'clock next Saturday
morning, then, said Judge Roan. I trust, however Mr. Dorsey, that
you will be prepared by that time.
The judge then instructed the clerk to issue an order
directing Sheriff Mangum to indefinitely stay the exe-
PAGE 10, COLUMN 1
FRANK HEARING
DELAYED;
PRISONER GETS
RESPITE;
TWO JURORS
UNDER FIRE
Continued From Page 1.
cution of Leo M. Frank, which had been set for October 10.
Following the hearing, Attorney Rosser furnished copies of
most of the depositions which have been taken by the defense.
The ones lacking are those made by C. P. Stough, of Atlanta, and
John M. Holmes, Shi Gray and S. M. Johnson, of Sparta, Ga., copies
of which are expected to be given the Solicitor during the day.
Points Made in Depositions.
In the depositions given the Solicitor Saturday morning Juror
A. H. Henslee is charged with having made remarks showing him
to be biased, at the Elks' Club in Atlanta, on a train between
Atlanta and Experiment, Ga., and in front of a livery stable at
Albany, Ga. These expressions were to the effect that he believed
there was no doubt of Frank's guilt; that he was glad Frank had
been indicted; that his neck should be broken; that Frank should
be lynched, and that if he were on the jury he would hang him
sure.
Some of the depositions charged that Johenning had made
the remark that Frank was undoubtedly guilty, and that he had
spoken forcibly and positively.
Depositions furnished the Solicitor were made by H. C.
Loevenhart, Mrs. J. G. Loevenhart, Miss Miriam Loevenhart, S.
Aron, Mack Farkas, R. K. Greme, J. J. Nunnally, W. L. Picker, J. A.
Lehman, Samuel Boorstin, Mrs. A. Shurman, Sampson Kay, B. M.
Kay, Miss Martha Kay, Charles J. Moore, W. B> Cate, J. H. G.
Cochran and H. G. Williams.
Charge Jury Heard Cheers.
These depositions alleged that the cheering by the crowd
outside of the courthouse was plainly audible to the jury and that
it would have been plainly impossible for the members of the jury
not to have heard it. One man charges that a man in the court-
room seized the hand of one of the jurors and spoke to him, and
was sharply reprimanded by Chief Deputy Sheriff Plennie Miner.
One deposition charges Juror Smith with having gazed out of
a third floor window in the Kimball House at the cheering crowd
on Pryor street.
The additional affidavits besides those of Stough and the
three Sparta men charging Juror Henslee with having displayed
prejudice, were made by R. L. Gremer and Mack Farkas, of
Albany; Julian A. Lehman, of Atlanta, and Sam Aaron, of Atlanta.
There can be no doubt but that Frank is guilty, are the
words credited to Henslee by Greme and Farkas. They charge him
with making this assertion in front of the Sam Farkas livery stable
in Albany some time prior to the trial. They assert that they know
Henslee well, and further identify him as the man making this
remark by pictures of Juror Henslee which appeared in The
Georgian.
Another Instance Cited.
On June 2 Juror Henslee is charged with remarking on a train
that Frank is as guilty as a d"dog and ought to have ---neck
broke. Julian A. Lehman makes that deposition, charging the
remark was made on a train between Atlanta and Experiment, Ga.
He charges him with having made practically the same remark on
June 20.
In a deposition by Samuel Aron, remarks made at the Elks'
Club in Atlanta two days after the Grand Jury indicted Frank are
credited to Henslee. Aron asserts that at the time the remarks
were made he did not know Henslee's name, but learned it later.
The words he alleged were spoken by Henslee were: I am glad
they indicted --- Jew. They ought to take him out and lynch him
and if I get on the jury I will hang that Jew sure.
The depositions charging Johenning with showing bias were
made by Mrs. Jennie G. Loevenhart, her daughter, Miss Miriam
Loevenhart, and H. C. Loevenhart.
Tell of Words to Juror.
Mrs. Loevenhart and Miss Loevenhart assert that they met
Johenning on Forsyth street one day in May, and that he
expressed belief in Frank's guilt and that his statements were
made forcibly and positively.
H. C. Loevenhart, who is connected with the Hodges Broom
Works, asserted that Johenning had also expressed to him his
belief in Frank's guilt.
W. P. Neill made an affidavit declaring he saw a man in the
courtroom seize one of the jurors' hands and speak to him while
the jury was passing out of the courtroom.
Neill asserts that Chief Deputy Sheriff Plennie Miner saw the
act and threatened to put he man out of the courtroom, charging
him with speaking to juryman.
I could not understand what the man said, Neill states in
the affidavit. Neill also asserted that he was in the courtroom two
days of the trial and that he heard the crowd in the street cheer
Dorsey, and that the cheering was plainly audible to the jury.
Jury Could Hear Cheering.
Attorney Charles J. Moore asserts that he was in his office at
No. 301 Kiser Building at 6 p.m. August 22 and heard the crowd
cheer Solicitor Dorsey as he left the courthouse.
The jury was not 50 feet from the entrance of the
courthouse during the demonstration, the affidavit reads. He also
told of the cheering of August 23, saying the jury was also close
enough to hear.
The deposition also states that Moore heard many threats of
violence to Frank in the event of an acquittal. It also named two
men whom he charged with continuously loitering around the
courthouse during the trial.
B. M. Kay, of No. 264 South Pryor street, in his deposition
charges that while he was driving his father's automobile, in
company with his mother, Mrs. Rose Kay, and his brother,
Sampson Kay, between 8 and 8:30 o'clock Saturday night, August
23, he saw the Frank jury pass from East Fair into South Pryor
street and proceed to the Kimball House, and that seven or eight
men walked alongside of them for several blocks and chatted with
members of the jury.
Bet He Would Be Selected.
The other affidavits told of the cheering which greeted
Solicitor Dorsey on different occasions, and asserted the cheering
was plainly audible to the jury.
The affidavits of the Sparta men Shl Gray, John M. Holmes
and Johnson, all charge that the Frank case was discussed in the
office of Walton Holmes Insurance man, in Sparta. They declare
that in the course of the conversation Henslee declared he knew
Frank was guilty. They say he expressed his convictions firmly
and emphatically. The remarks were made, it is said, after
Henslee had been drawn as one of the talesmen in the case and
Gray says Henslee declared I'll bet a dollar I am chosen on that
jury.
Henslee Arrives in City.
Mr. Henslee, who is a travelling salesman, with headquarters
now in Barnesville, Ga., arrived in Atlanta Friday afternoon. He
had read reports of the attack made upon himself and Marcellus
Johenning, another of the jurors, in the motion filed by Frank's
attorneys for a new trial, he said, and came to Atlanta to brand
the accusations, in so far as he personally knew, as infamous
falsehoods.
Chief of the statements purported to have been made by
Henslee before he was chosen as a member of the Frank jury was
that averred by Mr. Stough, who is organizer of the Masons'
Annuity and well-known business, residing at No. 115 Holderness
street.
Henslee said to me before the triad, I believe Frank is
guilty and would like to be in a position to break his neck,' Mr.
Stough told a Georgian reporter.
False in Every Detail.
I hardly know this man Stough, declared Henslee, and
have not even seen him for four months. I am positive that I never
discussed the Frank case with him in any of its phases nor
expressed my opinion of the man's guilt or innocence.
Mr. Henslee was shown the statements made by Stough as
printed exclusively in The Georgian Friday.
I brand the entire thing as false in every detail, he said.
The former juror's attention was then called to the
depositions made by Holmes, Johnson and Gray, of Sparta. These
depositions were sworn to before J. M. Lewis, a notary of that
town.
I recall having met Holmes and Gray, Henslee said, and it
is possible that I became acquainted with Johnson on one of my
trips, but I never mentioned the Frank case to them, nor did I ever
express an opinion on it. If these men say that I did, they are
lying.
Jurors Scores His Accusers.
I want to say now, continued Mr. Henslee, that in casting
my ballot for the conviction of Frank I did so in accordance with
the dictation of conscience. I did my duty, pure and simple, and
when these men swear that I did not, as they are reported to
have done, they are all liars.
I am going to investigate this matter, and if the reports are
true, I will bring legal action against these men. They are trying to
prove me a perjurer, and I believe I have the basis of a good case
against them. They will have to prove their assertions or take the
consequences.
PAGE 5, COLUMN 1
FRANK SENTENCE
POSTPONED
PAGE 5, COLUMN 1
PREJUDI
CE
OF
JURORS
CHARGE
D
BY
MANY
With Leo M. Frank's sentence respited indefinitely, and the
hearing on his lawyers' motion postponed for a week, new
sensations were sprung in the fight for the convicted factory
superintendent's life with the revelation Saturday of the contents
of a mass of affidavits charging prejudice against A. H. Henslee
and Marcellus Johenning, members of the trial jury.
Most of the fire is directed at Henslee, who is charged by
many persons with having expressed violent feelings on the case
before he was chosen as a juror. He is accused of having
expressed his conviction of Frank's guilt and his eagerness to see
him hanged, and to have referred in profane terms to the
prisoner's race.
The hearing of the motion for a new trial was postponed by
Judge Roan at the request of Solicitor General Hugh M. Dorsey
when the case was called shortly after 9 o'clock Saturday
morning. The Solicitor said he needed time to look into the
volumes of contentions made by the defense in the please setting
forth 115 reasons why Frank should get a new trial. Judge Roan
put the hearing off until next Saturday, and announced that he
would be ready to grant the Solicitor more time then, if
necessary.
Delay Is Secured Quickly.
The order for an indefinite stay was issued in less than ten
minutes after the hearing of the motion for a new trial was taken
up.
I have not had time in which to prepare my reply to the
motion, as it was only presented to me a day or two ago is quite
lengthy, said Solicitor Dorsey. Therefore, I am going to ask your
honor to postpone this hearing until I have time to complete my
work on it.
It is my desire to complete the case as quickly as possible,
and it is imperative that it should be. The work of the Court of
Appeals is hinging on this case in a way, as you care being
delayed in taking up your duties there until after you have heard
this motion. I think that possibly I can complete my reply by next
Saturday, but in the event, I find this impossible I would l your
honor to grant a further delay.
Attorneys Arnold and Rosser said this would be agreeable to
them.
Gets Copies of Charges.
Dorsey asked that he be furnished with all of the depositions
which the defense had taken, and Attorney Rosser advised that
he would furnish them to the Solicitor some time during the day.
I think I have copies of all of them in my office and will give
them to you to-day, said Mr. Rosser to the Solicitor some time
during the day.
I think I have copies of all of them in my office and will give
them to you to-day, said Mr. Rosser to the Solicitor. In the event
we obtain any new ones we will also submit them to you, he
added.
I will set this hearing for 9:30 o'clock next Saturday
morning, then, said Judge Roan. I trust, however Mr. Dorsey, that
you will be prepared by that time.
The judge then instructed the clerk to issue an order
directing Sheriff Mangum to indefinitely stay the exe-
PAGE 10, COLUMN 1
FRANK HEARING
DELAYED;
PRISONER GETS
RESPITE;
TWO JURORS
UNDER FIRE
Continued From Page 1.
cution of Leo M. Frank, which had been set for October 10.
Following the hearing, Attorney Rosser furnished copies of
most of the depositions which have been taken by the defense.
The ones lacking are those made by C. P. Stough, of Atlanta, and
John M. Holmes, Shi Gray and S. M. Johnson, of Sparta, Ga., copies
of which are expected to be given the Solicitor during the day.
Points Made in Depositions.
In the depositions given the Solicitor Saturday morning Juror
A. H. Henslee is charged with having made remarks showing him
to be biased, at the Elks' Club in Atlanta, on a train between
Atlanta and Experiment, Ga., and in front of a livery stable at
Albany, Ga. These expressions were to the effect that he believed
there was no doubt of Frank's guilt; that he was glad Frank had
been indicted; that his neck should be broken; that Frank should
be lynched, and that if he were on the jury he would hang him
sure.
Some of the depositions charged that Johenning had made
the remark that Frank was undoubtedly guilty, and that he had
spoken forcibly and positively.
Depositions furnished the Solicitor were made by H. C.
Loevenhart, Mrs. J. G. Loevenhart, Miss Miriam Loevenhart, S.
Aron, Mack Farkas, R. K. Greme, J. J. Nunnally, W. L. Picker, J. A.
Lehman, Samuel Boorstin, Mrs. A. Shurman, Sampson Kay, B. M.
Kay, Miss Martha Kay, Charles J. Moore, W. B> Cate, J. H. G.
Cochran and H. G. Williams.
Charge Jury Heard Cheers.
These depositions alleged that the cheering by the crowd
outside of the courthouse was plainly audible to the jury and that
it would have been plainly impossible for the members of the jury
not to have heard it. One man charges that a man in the court-
room seized the hand of one of the jurors and spoke to him, and
was sharply reprimanded by Chief Deputy Sheriff Plennie Miner.
One deposition charges Juror Smith with having gazed out of
a third floor window in the Kimball House at the cheering crowd
on Pryor street.
The additional affidavits besides those of Stough and the
three Sparta men charging Juror Henslee with having displayed
prejudice, were made by R. L. Gremer and Mack Farkas, of
Albany; Julian A. Lehman, of Atlanta, and Sam Aaron, of Atlanta.
There can be no doubt but that Frank is guilty, are the
words credited to Henslee by Greme and Farkas. They charge him
with making this assertion in front of the Sam Farkas livery stable
in Albany some time prior to the trial. They assert that they know
Henslee well, and further identify him as the man making this
remark by pictures of Juror Henslee which appeared in The
Georgian.
Another Instance Cited.
On June 2 Juror Henslee is charged with remarking on a train
that Frank is as guilty as a d"dog and ought to have ---neck
broke. Julian A. Lehman makes that deposition, charging the
remark was made on a train between Atlanta and Experiment, Ga.
He charges him with having made practically the same remark on
June 20.
In a deposition by Samuel Aron, remarks made at the Elks'
Club in Atlanta two days after the Grand Jury indicted Frank are
credited to Henslee. Aron asserts that at the time the remarks
were made he did not know Henslee's name, but learned it later.
The words he alleged were spoken by Henslee were: I am glad
they indicted --- Jew. They ought to take him out and lynch him
and if I get on the jury I will hang that Jew sure.
The depositions charging Johenning with showing bias were
made by Mrs. Jennie G. Loevenhart, her daughter, Miss Miriam
Loevenhart, and H. C. Loevenhart.
Tell of Words to Juror.
Mrs. Loevenhart and Miss Loevenhart assert that they met
Johenning on Forsyth street one day in May, and that he
expressed belief in Frank's guilt and that his statements were
made forcibly and positively.
H. C. Loevenhart, who is connected with the Hodges Broom
Works, asserted that Johenning had also expressed to him his
belief in Frank's guilt.
W. P. Neill made an affidavit declaring he saw a man in the
courtroom seize one of the jurors' hands and speak to him while
the jury was passing out of the courtroom.
Neill asserts that Chief Deputy Sheriff Plennie Miner saw the
act and threatened to put he man out of the courtroom, charging
him with speaking to juryman.
I could not understand what the man said, Neill states in
the affidavit. Neill also asserted that he was in the courtroom two
days of the trial and that he heard the crowd in the street cheer
Dorsey, and that the cheering was plainly audible to the jury.
Jury Could Hear Cheering.
Attorney Charles J. Moore asserts that he was in his office at
No. 301 Kiser Building at 6 p.m. August 22 and heard the crowd
cheer Solicitor Dorsey as he left the courthouse.
The jury was not 50 feet from the entrance of the
courthouse during the demonstration, the affidavit reads. He also
told of the cheering of August 23, saying the jury was also close
enough to hear.
The deposition also states that Moore heard many threats of
violence to Frank in the event of an acquittal. It also named two
men whom he charged with continuously loitering around the
courthouse during the trial.
B. M. Kay, of No. 264 South Pryor street, in his deposition
charges that while he was driving his father's automobile, in
company with his mother, Mrs. Rose Kay, and his brother,
Sampson Kay, between 8 and 8:30 o'clock Saturday night, August
23, he saw the Frank jury pass from East Fair into South Pryor
street and proceed to the Kimball House, and that seven or eight
men walked alongside of them for several blocks and chatted with
members of the jury.
Bet He Would Be Selected.
The other affidavits told of the cheering which greeted
Solicitor Dorsey on different occasions, and asserted the cheering
was plainly audible to the jury.
The affidavits of the Sparta men Shl Gray, John M. Holmes
and Johnson, all charge that the Frank case was discussed in the
office of Walton Holmes Insurance man, in Sparta. They declare
that in the course of the conversation Henslee declared he knew
Frank was guilty. They say he expressed his convictions firmly
and emphatically. The remarks were made, it is said, after
Henslee had been drawn as one of the talesmen in the case and
Gray says Henslee declared I'll bet a dollar I am chosen on that
jury.
Henslee Arrives in City.
Mr. Henslee, who is a travelling salesman, with headquarters
now in Barnesville, Ga., arrived in Atlanta Friday afternoon. He
had read reports of the attack made upon himself and Marcellus
Johenning, another of the jurors, in the motion filed by Frank's
attorneys for a new trial, he said, and came to Atlanta to brand
the accusations, in so far as he personally knew, as infamous
falsehoods.
Chief of the statements purported to have been made by
Henslee before he was chosen as a member of the Frank jury was
that averred by Mr. Stough, who is organizer of the Masons'
Annuity and well-known business, residing at No. 115 Holderness
street.
Henslee said to me before the triad, I believe Frank is
guilty and would like to be in a position to break his neck,' Mr.
Stough told a Georgian reporter.
False in Every Detail.
I hardly know this man Stough, declared Henslee, and
have not even seen him for four months. I am positive that I never
discussed the Frank case with him in any of its phases nor
expressed my opinion of the man's guilt or innocence.
Mr. Henslee was shown the statements made by Stough as
printed exclusively in The Georgian Friday.
I brand the entire thing as false in every detail, he said.
The former juror's attention was then called to the
depositions made by Holmes, Johnson and Gray, of Sparta. These
depositions were sworn to before J. M. Lewis, a notary of that
town.
I recall having met Holmes and Gray, Henslee said, and it
is possible that I became acquainted with Johnson on one of my
trips, but I never mentioned the Frank case to them, nor did I ever
express an opinion on it. If these men say that I did, they are
lying.
Jurors Scores His Accusers.
I want to say now, continued Mr. Henslee, that in casting
my ballot for the conviction of Frank I did so in accordance with
the dictation of conscience. I did my duty, pure and simple, and
when these men swear that I did not, as they are reported to
have done, they are all liars.
I am going to investigate this matter, and if the reports are
true, I will bring legal action against these men. They are trying to
prove me a perjurer, and I believe I have the basis of a good case
against them. They will have to prove their assertions or take the
consequences.