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The Atlanta Constitution,
Sunday, 5th October 1913,
PAGE 1, COLUMN 4.
Attacked Frank Juror Brands As False the Charges Made Against Him in Several Affidavits.
In answer to several of the affidavits claiming that at
specified times and places he made declarations of belief in the
guilt of Leo M. Frank, whom he later as a juror voted guilty of the
murder of Mary Phagan. A. H. Henslee is understood to be
preparing copies of orders to his firm by which he tends to show
that he was in another part of the state at the time he is alleged
to have made the remarks about Frank's part in the murder.
Mr. Henslee has given the lie in no plain terms to the
charges against him, as has Juror M. Johenning, who, it is claimed
by three affidavits, expressed before the trial came off his
conviction of Frank's guilt.
Charges were made also by the defense that men on the
streets were allowed to walk along by the side of the jurors and
talk to them, and that a spectator talked to one juror in the court
room. Solicitor General Hugh M. Dorsey, it is understood, is
preparing to secure affidavits from Deputy Plennie Miner and the
other deputies and bailiffs in an effort to disprove this attack.
May Ask Indictment.
Juror Henslee has consulted a lawyer and is said to be about
to ask an indictment against C. P. Stough on a charge or perjury.
It is believed that he intends taking the same steps in regard to
others, and he is said to be considering suits for libel also.
The affidavits which were made public Saturday, furnished
the most sensational part to the case since the end of the trial. At
the calling of the motion for a new trial Saturday morning Judge L.
S. Roan greatly, at the solicitor's plea, a postponement of one
week, and respited the condemned man indefinitely. Frank was
sentenced to hang next Friday.
During the coming week Solicitor Dorsey, his assistant,
Attorney E. A. Stephens, and Attorney Frank A. Hooper, who aided
the state, will spend practically their entire time in making their
reply to the 115 reasons cited as legal cause for a new trial.
Attorneys Luther Z. Rosser and Reuben Arnold, however, are
not resting on their oars, but are after new affidavits and are
expected to add o their case throughout the week. This was
indicted Saturday by Attorney Rosser. He also agreed that all
copies of affidavits his office may secure will be turned over to the
solicitor for inspection in order to facilitate the hearing and make
it unnecessary to postpone the case again.
Fight Over Two Jurors.
The principal battle at present appears to be over the issue
raised by the defense as to the alleged bias and performer
opinions of Jurors Henslee and Johenning. Attorney Rosser
indicated that other members of the jury might be attacked in the
same way.
A surprise came in the action of the defense in agreeing to
furnish the solicitor with copies of their affidavits. It had been
believed that these would be kept sealed, if possible, until the
motion was actually taken up. Solicitor Dorsey was prepared to
ask an order from the court requiring the defense to supply him
with copies.
Statements that Mr. Henslee at various times made
statements to the effect that he believed Frank guilty and would
like to have an opportunity to break his neck, were made in the
affidavits of the defense. In the Elks' club, on the train, in stores
and in
Continued on Page Five.
HENSLEE MAY ESTABLISH ALIBI
Continued from Page One.
Street cars, various parties declare that the man who was later
selected as a juror expressed in tones of conviction his belief in
the guilt of the young factory superintendent.
Attorneys for Frank also furnished affidavits from themselves
and from the condemned man stating that at the house of representatives he
introduced and urged the passage of legislation protecting game,
and later he headed the organization of sportsmen through whose
influence the present act was passed two years ago. As a
consequence of his activity in this direction, he has been given
the sobriquet generally throughout the state of Father of the Game Law.
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