The Atlanta Georgian,
Wednesday, 8th October 1913,
PAGE 1, COLUMN 4.
Men Who Accuse Henslee
of
Prejudice of Highest Type,
Says Stiles Hopkins.
Attorneys for Leo M. Frank announced Wednesday that they
invited an attack upon the truth and veracity of the men who
made depositions against Juror A. H. He, charging bias and
prejudice, just for the purpose demonstrating conclusively that
every person has made an affidavit is unimpeachable and a man
of recognized character and honesty.
The State and the defense both are confident over the
probable outcome of the motion for a new trial which will be
heard Saturday.
Stiles Hopkins, one of the firm of Rosser, Brandon, Slaten &
Phillips, obtained a number of the depositions defense and
investigated carefully the reputation and standing of every man
from whom he took an affidavit. He was authority Wednesday for
the statement that they are men of prominence and excellent
repute in their communities.
Absurd, Says Hopkins.
They have filed depositions charging that they overheard
Henslee, before the trial of Frank, utter violently denunciatory
remarks in regard to the defendant and declare his belief in
Frank's guilt.
Henslee's reply was that he made some of the statements
credited to him, but that he made them after the trial and not
before.
That sort of a defense by Henslee is most absurd, is the
only comment that Mr. Hopkins would make on this statement of
the juror. Depositions which are on file show that one of the
remarks of Henslee was that If the jury ever turns Frank loose he
never will get out of Atlanta alive.' This could not have been made
after the trial. He also is alleged to have said that he had been
summoned as a talesman and might be a juror in the case, in
which event he would like to have a part in breaking Frank's
neck.' He could not have said this after the trial.
Prominent Men.
Mr. Hopkins said that J. J. Nunnally, one of those who had
made depositions, is vice president of the W. H. Nunnally
Company, of Monroe, and is identified with the Nunnally & Harris
Supply Company, in which capacity he met Henslee, who is an
agent for buggies, whips and supplies. None of the affiants, said
the lawyer, would have any occasion to make a deposition
harmful to Henslee unless it was the truth. All, in fact, he
declared, had been most reluctant to have anything to say about
the matter until they were forced to make their statements by
being summoned into court.
John M. Holmes, another who swears he overheard Henslee
make violent remarks against Frank, is the partner of John D.
Walker, a prominent banker. The others occupy similar positions
of prominence.
PAGE 2, COLUMN 5
BOTH
SIDES
CONFIDE
NT
IN
FRANK
CASE
Men Who Accuse Henslee
of
Prejudice of Highest Type,
Says Stiles Hopkins.
Attorneys for Leo M. Frank announced Wednesday that they
invited an attack upon the truth and veracity of the men who
made depositions against Juror A. H. He, charging bias and
prejudice, just for the purpose demonstrating conclusively that
every person has made an affidavit is unimpeachable and a man
of recognized character and honesty.
The State and the defense both are confident over the
probable outcome of the motion for a new trial which will be
heard Saturday.
Stiles Hopkins, one of the firm of Rosser, Brandon, Slaten &
Phillips, obtained a number of the depositions defense and
investigated carefully the reputation and standing of every man
from whom he took an affidavit. He was authority Wednesday for
the statement that they are men of prominence and excellent
repute in their communities.
Absurd, Says Hopkins.
They have filed depositions charging that they overheard
Henslee, before the trial of Frank, utter violently denunciatory
remarks in regard to the defendant and declare his belief in
Frank's guilt.
Henslee's reply was that he made some of the statements
credited to him, but that he made them after the trial and not
before.
That sort of a defense by Henslee is most absurd, is the
only comment that Mr. Hopkins would make on this statement of
the juror. Depositions which are on file show that one of the
remarks of Henslee was that If the jury ever turns Frank loose he
never will get out of Atlanta alive.' This could not have been made
after the trial. He also is alleged to have said that he had been
summoned as a talesman and might be a juror in the case, in
which event he would like to have a part in breaking Frank's
neck.' He could not have said this after the trial.
Prominent Men.
Mr. Hopkins said that J. J. Nunnally, one of those who had
made depositions, is vice president of the W. H. Nunnally
Company, of Monroe, and is identified with the Nunnally & Harris
Supply Company, in which capacity he met Henslee, who is an
agent for buggies, whips and supplies. None of the affiants, said
the lawyer, would have any occasion to make a deposition
harmful to Henslee unless it was the truth. All, in fact, he
declared, had been most reluctant to have anything to say about
the matter until they were forced to make their statements by
being summoned into court.
John M. Holmes, another who swears he overheard Henslee
make violent remarks against Frank, is the partner of John D.
Walker, a prominent banker. The others occupy similar positions
of prominence.
PAGE 3, COLUMNS 1 &
2
PAGE 3, COLUMN 1
ANOTHER FRANK JUROR
ACCUSED
PAGE 3, COLUMN 2
FRANK
COUNSEL
WILL
BROADEN
JURY
ATTACK
After reinforcing their attack upon Juror A. H. Henslee
Wednesday by the statements of a dozen leading men, who
swore to the good character, reputation and reliability of the
persons who had charged the juror with violent prejudice and
bias, counsel for Leo M. Frank made the sensational
announcement Wednesday that depositions would be filed before
Saturday alleging prejudice against a third, and possibly a fourth,
member of the jury which convicted Frank of the murder of Mary
Phagan.
Through making a most careful investigation of every juror
who sat in the Frank trial, the convicted man's attorneys have not
let up on Henslee, as a new affidavit obtained Wednesday bears
witness. The latest affidavit is signed by a man who declares that
he overheard Henslee as long ago as last May give vent to a
decided opinion of Frank's guilt.
The conversation occurred on a street in Atlanta, according
to the deposition. It was remarked in Henslee's hearing that the
murder did not seem to be of the character that would be
perpetrated by a member of Frank's race.
Henslee is said to have replied in effect: I don't care. I
believe that Frank is guilty, and if by any chance I am put on the
jury I will do my best to convict him.
Henslee's defense that the Sparta men were mistaken or
lying who testified they had heard him utter denunciatory
remarks against Frank before the trial met a prompt reply
Wednesday in the obtaining of affidavits from a number of
Sparta's most prominent citizens testifying to personal and moral
character and honesty of John M. Holmes, Shi Gray and S. M.
Johnson, who signed the depositions.
Among those who testified to the trustworthiness of the
three men were W. H. Burwell, Speaker of the last State House of
Representatives; T. B. Hightower, Sheriff of Hancock County;
Henry H. Little, Ordinary; G. W. Rives, Mayor of Sparta; Thomas F.
Fleming, Speaker Burwell's law partner; H. L. Middlebrooks,
cashier of the First National Bank of Sparta; H. D. Chapman, Tax
Collector; R. E. Wheeler, cashier of the Sparta Savings Bank; W. E.
Wiley, Clerk of the Superior Court; A. H. Birdsong County
Treasure; E. A. Rozier, Sr., president of the Bank of Sparta, and J.
D. Bennett, also of the bank of Sparta.
PAGE 3, COLUMN 3
Slaton Gives
Respite
To Condemned
Negro
Upon recommendation of the Prison Commission, Governor
Slaton today respited for 20 days Bob Gaithwright, a negro,
sentenced to be hanged in Gwinnett County Friday.
Gaithwright was convicted of murder about a month ago,
and his case was not appealed to the higher courts. His attorneys
desire to ask clemency, however.
PAGE 4, COLUMN 2
FRANK
COUNSEL
WILL
BROADEN
JURY
ATTACK
Argument on the motion of the defense for a new trial
for Leo Frank, scheduled to be heard by Judge Roan next
Saturday, will be postponed another week, according to
an interview given by Solicitor Dorsey in Valdosta
Wednesday. The Solicitor declared that his progress in the
investigation of the claims of Frank's attorneys had been
slow, and that the State could not possibly shape its case
in time for the date set.
After reinforcing their attack upon Juror A. H. Henslee
Wednesday by the statements of a dozen leading men, who
swore to the good character, reputation and reliability of the
persons who had charged the juror with violent prejudice and
bias, counsel for Leo M. Frank made the sensational
announcement Wednesday that depositions would be filed before
Saturday alleging prejudice against a third, and possibly a fourth,
member of the jury which convicted Frank of the murder of Mary
Phagan.
Through making a most careful investigation of every juror
who sat in the Frank trial, the convicted man's attorneys have not
let up on Henslee, as a new affidavit obtained Wednesday bears
witness. The latest affidavit is signed by a man who declares that
he overheard Henslee as long ago as last May give vent to a
decided opinion of Frank's guilt.
The conversation occurred on a street in Atlanta, according
to the deposition. It was remarked in Henslee's hearing that the
murder did not seem to be of the character that would be
perpetrated by a member of Frank's race.
Henslee is said to have replied in effect: I don't care. I
believe that Frank is guilty, and if by any chance I am put on the
jury I will do my best to convict him.
Henslee's defense that the Sparta men were mistaken or
lying who testified they had heard him utter denunciatory
remarks against Frank before the trial met a prompt reply
Wednesday in the obtaining of affidavits from a number of
Sparta's most prominent citizens testifying to personal and moral
character and honesty of John M. Holmes, Shi Gray and S. M.
Johnson, who signed the depositions.
PAGE 5, COLUMN 2
FRANK
COUNSEL
WILL
BROADEN
JURY
ATTACK
Argument on the motion of the defense for a new trial
for Leo Frank, scheduled to be heard by Judge Roan next
Saturday, will be postponed another week, according to
an interview given by Solicitor Dorsey in Valdosta
Wednesday. The Solicitor declared that his progress in the
investigation of the claims of Frank's attorneys had been
slow, and that the State could not possibly shape its case
in time for the date set.
After reinforcing their attack upon Juror A. H. Henslee
Wednesday by the statements of a dozen leading men, who
swore to the good character, reputation and reliability of the
persons who had charged the juror with violent prejudice and
bias, counsel for Leo M. Frank made the sensational
announcement Wednesday that depositions would be filed before
Saturday alleging prejudice against a third, and possibly a fourth,
member of the jury which convicted Frank of the murder of Mary
Phagan.
Through making a most careful investigation of every juror
who sat in the Frank trial, the convicted man's attorneys have not
let up on Henslee, as a new affidavit obtained Wednesday bears
witness. The latest affidavit is signed by a man who declares that
he overheard Henslee as long ago as last May give vent to a
decided opinion of Frank's guilt.
The conversation occurred on a street in Atlanta, according
to the deposition. It was remarked in Henslee's hearing that the
murder did not seem to be of the character that would be
perpetrated by a member of Frank's race.
Henslee is said to have replied in effect: I don't care. I
believe that Frank is guilty, and if by any chance I am put on the
jury I will do my best to convict him.
Henslee's defense that the Sparta men were mistaken or
lying who testified they had heard him utter denunciatory
remarks against Frank before the trial met a prompt reply
Wednesday in the obtaining of affidavits from a number of
Sparta's most prominent citizens testifying to personal and moral
character and honesty of John M. Holmes, Shi Gray and S. M.
Johnson, who signed the depositions.
PAGE 6, COLUMN 2
FRANK
COUNSEL
WILL
BROADEN
JURY
ATTACK
Argument on the motion of the defense for a new trial
for Leo Frank, scheduled to be heard by Judge Roan next
Saturday, will be postponed another week, according to
an interview given by Solicitor Dorsey in Valdosta
Wednesday. The Solicitor declared that his progress in the
investigation of the claims of Frank's attorneys had been
slow, and that the State could not possibly shape its case
in time for the date set.
After reinforcing their attack upon Juror A. H. Henslee
Wednesday by the statements of a dozen leading men, who
swore to the good character, reputation and reliability of the
persons who had charged the juror with violent prejudice and
bias, counsel for Leo M. Frank made the sensational
announcement Wednesday that depositions would be filed before
Saturday alleging prejudice against a third, and possibly a fourth,
member of the jury which convicted Frank of the murder of Mary
Phagan.
Through making a most careful investigation of every juror
who sat in the Frank trial, the convicted man's attorneys have not
let up on Henslee, as a new affidavit obtained Wednesday bears
witness. The latest affidavit is signed by a man who declares that
he overheard Henslee as long ago as last May give vent to a
decided opinion of Frank's guilt.
The conversation occurred on a street in Atlanta, according
to the deposition. It was remarked in Henslee's hearing that the
murder did not seem to be of the character that would be
perpetrated by a member of Frank's race.
Henslee is said to have replied in effect: I don't care. I
believe that Frank is guilty, and if by any chance I am put on the
jury I will do my best to convict him.
Henslee's defense that the Sparta men were mistaken or
lying who testified they had heard him utter denunciatory
remarks against Frank before the trial met a prompt reply
Wednesday in the obtaining of affidavits from a number of
Sparta's most prominent citizens testifying to personal and moral
character and honesty of John M. Holmes, Shi Gray and S. M.
Johnson, who signed the depositions.
PAGE 7, COLUMN 6
FRANK
LAWYERS
WILL AGREE
TO
WEEK
DELAY
Expressing the opinion that a further delay in the hearing of
the motion for a new trial for Leo M. Frank will only serve to make
them more secure in their case against Juror A. H. Henslee, whom
they charge with prejudice and bias, counsel for Frank Thursday
indicated that hey were entirely agreeable to Solicitor Dorsey's
request for a postponement of another week until he should be
able to complete his review of the defense's reasons.
The Solicitor, who, with his assistant, A. E. Stephens, has
been going over the voluminous amended motion of the defense
with its 115 reasons for a new trial since its filling last week by
Frank's lawyers, refuses to discuss the case except to express his
confidence that a new trial will be denied. He stands firmly by his
original declaration that the defense is without adequate grounds
to ask for a new trial.
He and Attorney Stephens, isolating themselves in Valdosta,
where they will not be interrupted by office visitors, have given
their entire time to the preparation of their argument against any
movement which will reopen the sensational murder case. While
the hearing before Judge Roan, set originally for October 4, will
have few of the spectacular features that marked the trial of
Frank, the lawyers are making ready for a titanic struggle.
The Solicitor is determined that the verdict of guilty shall
stand. He is using every means to stave off what he regards as
the remote possibility of a reversal of the verdict that brought the
death sentence to the defendant.
Solicitor Dorsey prepared his request Wednesday for a delay
of another week in the hearing. Judge Roan already had made
known his willingness to extend the time if it was needed by the
Solicitor. When he learned next Saturday he promptly announced
that the delay would be granted in accordance with his promise.
PAGE 10, COLUMN 5
Hooper
Recovers
His Stolen
Watch
A gold watch that was stolen on June 2 from Frank A.
Hooper, the attorney who was associated with Solicitor Dorsey in
the trial of Leo M. Frank, was recovered at a Peters street
pawnshop by detectives Wednesday and restored to the owner.
The watch was stolen from, Mr. Hooper by two bandits who
attacked him as he was walking to his home, No. 779 Piedmont
avenue. Mr. Hooper was knocked down and the watch taken from
his pocket.
PAGE 11, COLUMN 5
Hooper
Recovers
His Stolen
Watch
A gold watch that was stolen on June 2 from Frank A.
Hooper, the attorney who was associated with Solicitor Dorsey in
the trial of Leo M. Frank, was recovered at a Peters street
pawnshop by detectives Wednesday and restored to the owner.
The watch was stolen from, Mr. Hooper by two bandits who
attacked him as he was walking to his home, No. 779 Piedmont
avenue. Mr. Hooper was knocked down and the watch taken from
his pocket.
PAGE 17, COLUMN 3
Hooper
Recovers
His Stolen
Watch
A gold watch that was stolen on June 2 from Frank A.
Hooper, the attorney who was associated with Solicitor Dorsey in
the trial of Leo M. Frank, was recovered at a Peters street
pawnshop by detectives Wednesday and restored to the owner.
The watch was stolen from, Mr. Hooper by two bandits who
attacked him as he was walking to his home, No. 779 Piedmont
avenue. Mr. Hooper was knocked down and the watch taken from
his pocket.
PAGE 21, COLUMN 3
Negro Forgot
His
Wife's Maiden
Name
The daily grind of the divorce mill in Judge Ellis' division of
Superior Court produces its comedy as well as its tragedies.
Pat Harrell, negro, furnished the comedy Wednesday when
he swore that he became the lawful husband of one Jessie,
some time during President Cleveland's administration. He got a
verdict despite his lapse of memory.
PAGE 22, COLUMN 5
Hooper
Recovers
His Stolen
Watch
A gold watch that was stolen on June 2 from Frank A.
Hooper, the attorney who was associated with Solicitor Dorsey in
the trial of Leo M. Frank, was recovered at a Peters street
pawnshop by detectives Wednesday and restored to the owner.
The watch was stolen from, Mr. Hooper by two bandits
who attacked him as he was walking to his home, No. 779
Piedmont avenue. Mr. Hooper was knocked down and the watch
taken from his pocket.