The Atlanta Constitution,
Thursday, 30th October 1913,
PAGE 1, COLUMN 1.
Luther, Rosser
Concludes Ar-
gument by Bitter
Attack on
Juror A. H. Henslee
and
Witness Jim Conley.
JUDGE WILL
ANNOUNCE
DECISION NEXT
FRIDAY
Hearing of Argument
for New
Trial Was One of
Longest
In Legal Annals of
State,
Lasting Seven Days.
The hearing for a new trial for Leo M. Frank came to a close
at 5 o'clock yesterday afternoon. At 9 o'clock Friday morning
Judge Roan will announce his decision. It was reserved at the
close of the final session in order for the judge to consider a
number of legal points and to permit both the defense and
prosecution to make certain changes in documents filed with the
court.
The hearing concluded with a brilliant speech by Luther Z.
Rosser, associate counsel for the defense, which occupied the
entire day. He dwelt chiefly on legal questions and cited many
court decisions. He attacked the evidence of Jim Conley and
assailed Solicitor Dorsey.
The detective and police department also came in for a
liberal panning. Harry Scott, of the Pinkertons, who was an active
figure in the Phagan investigation, was likewise flayed. Rosser's
bitterest words, however, were employed in assailing the twelve
jurors who took the word of the negro Conley in preference to a
white girl and two white men.
Says He Is Losing Money.
During progress of his address Mr. Rosse declared that he
was not being paid a fabulous sum to represent Frank, as, he
stated, many people were wont to believe. Instead, he asserted,
I am losing money. Money is going out of my own pockets to
defray the expense of this man's defense. It's not, the money
that's in it. It's my heart and soul that moves me to fight for him.
The conclusion of his argument was stirring and eloquent.
Nobody in Georgia has a more profound respect for the people of
his state and county than I, he spoke, and I believe that no
matter what they now think, they will soon realize the
unspeakable mistake that has been committed.
No matter what else there is in this case, my own individual
conviction is that Frank is innocent, and as long as there is a
shred of hope I will stand in his defense. It matter not what befalls
me. Believing in Providence as I do, I am convinced that time will
rectify all things and work toward final good.
The failure to deny this man a new trial will be a judicial
mistake that will cause the trial of the future to be held at the
point of bayonets and loaded rifles. Your honor cannot afford to
make that mistake. Justice is at stake. Let us do right even though
the heavens fall.
Attacks Juror Henslee.
He opened the afternoon session with an attack upon Juror
Henslee.
Did your honor take notice of Henslee"the juror of the
ventriloquial voice? he began. Henslee was either an intentional
liar or just a careless one. I may live to be a hundred years old,
but I doubt that I'll ever see such a remarkable document as
Henslee's affidavit.
In the first place, a talking machine isn't in it with Henslee.
He was the mouthiest person who ever sat on a jury. He would
talk to anybody about anything and under any circumstances. It
was a pity, indeed, that his words were the fume of the venom
and bile that was forever being generated in his system.
Henslee swears to one thing and then to another and
swears both are correct. How are you going to get around a thing
like that? When your honor sees Henslee as I'm going to paint him
"not as my friend Dorsey has painted him"why, you can either
take Mr. Henslee or let him alone.
Why, when Henslee went to Albany after the verdict he held
a veritable reception among his friends, rejoicing over the fact
that he had found Frank guilty. That is proved by his own affidavit
when he says a number of friends saw me in such and such a
place and congratulated me.
This was the most indecent act ever attributed an allegedly
decent white man. In the name of fairness and justice, are we
going to stomach such as this? Can this man Henslee be the
good, irreproachable person Dorsey was alluding to yesterday?
Would You Believe Henslee?
Now, tell me something. Would your honor, under these
circumstances believe Henslee if he came to you and said your
daughter was sick in Carrollton when, just a moment ago, two
other men had told you she was sick in Forsyth? I hardly think you
would. I know I wouldn't.
It would be better to do it all over again and let him have a
new and fair and impartial trial than to let this Henslee's
besmirched character dirty the laws and judiciary of our state.
Enough about Henslee. It makes me stick every time I think of
him.
But, something about Conley: That's the most horrible thing
of this whole case. Nothing your honor did was more harmful to
Frank than to permit the admission of testimony as to perversion.
Look at its effect on Henslee, who said he believed Frank was a
pervert and that he had come to that conclusion by the evidence.
The only evidence on earth was Conley's miserable tale.
I am sure that these three alleged acts of perversion which
Conley relates alone convicted Frank. When this negro's word
found lodgment in the jury mind, there was left no more room for
any thought of innocence. And that's the truth of the conviction of
Leo Frank.
There was a time in Georgia when a fragile little girl, as
pure as the wing of a dove, would have been believed against a
filthy negro whose character and conscience is blacker
Continued on Page Nine.
PAGE 9, COLUMN 4
Continued From
Page One.
than his skin. In that time, one little girl would have been believed
against a whole caravan of black brutes. But the little Kern girl got
on the stand and repudiated Conley's lie. And her story was
belittled by the jury and solicitor and the whooping crowd.
Believed Negros' Word.
They would rather believe the negro's word. They took it in
preference and, in believing it , put the nasty brand of liar on a
sweet, little white girl. Oh, how times have changed. I hope to
God I die before they change any worse than this.
Was that all? No. This jury of brave and fearless knights,
courageous and unfrightened, sat in their seats and announced to
the assembled city that the little Kern girl's story and that of Mrs.
Levy and Mr. and Mrs. Selig were lies in the face of the filthy
negro's reeking tale. Away with Miss Kern!' they cried. Away
with Mr. and Mrs. Selig, away with Mrs. Levy, away with Anglo-
Saxons, you are corruptors, perjurers,' and these twelve good
men and true wrapped their arms lovingly and tenderly around
this stinking black brute, saying we love you, Jim, we love you.'
You have furnished the altar around which we shall
worship, Jim,' they told him. This girl, these Anglo-Saxons are
liars all.' All of which shows that this case was the most
marvelous that ever happened. It was the most outrageous, it was
the cruelest. By the grace of God it will never happen again.
The close of the Frank hearing marked the end of the longest
hearing for a new trial in the history of the south. It lasted exactly
seven days. Four speeches were delivered, two for the
prosecution and a like number for the defense. The entire thing
was held in private in an ante room of the state library.
All Disclaim Attacks.
At the opening of Wednesday's session, Solicitor Dorsey,
who had made some rather spirited allusions to Attorney Rube
Arnold, who is associated with the defense, on the previous
afternoon, arose to say that he meant nothing personal in the
attack and that he regretted the fact that his words had been so
construed.
Mr. Arnold, who was present, followed Mr. Dorsey to the floor
saying that he had not been concerned over the remarks, and
very graciously declared that he had not considered them
personal. Attorney Rosser, smilingly, spoke up that he wanted to
be declared in on the peace conference.
Nobody must think, he said, that we lawyers, in such an
extraordinary case as this, should take matters as calmly as a
bride takes her flowers.
PAGE 1, COLUMN 3
PYTHIAN
KNIGHTS
PLAN FINE
HOME
$5,000 of Stock
Already Sub-
scribed Towards
Erection
of Building, Which
Will
Cost Over $50,000.
According to plans formulated by the semi-annual meeting
of the various lodges of the Knights of Pythians embraced in the
Fifth congressional district at two sessions held Wednesday
afternoon and evening in the lodge room sin the Kiser building the
local lodges of the order will soon erect an elegant and
commodious home in Atlanta.
Although the plans are yet in their infancy the preparations
made last Wednesday night for subscriptions to the stock for the
construction of the edifice are indicative of a magnificent modern
building to cost not less than $50,000.
The afternoon session of the knights was devoted to the
routine business of the order, the disposal of the various matters
which have arisen during the past six months, and the election of
officers for the coming year.
Russell Smith Honored.
The officers elected at Wednesday's meeting are: Russell K.
Smith, president; Newman Lasser, first vice president; W. G.
Moore, second vice president; Young H. Fraser, secretary; Leon C.
Greer, sergeant-at-arms; Ray Frank, inner warden, and Wallace
Rhodes, chaplain. These officers were elected for a term of one
year each.
The session of Wednesday night was a most enthusiastic one
from every standpoint, each speaker declaring himself in favor of
the immediate erection of an Atlanta clubhouse for the order, and
being cheered to the echo for his stand.
The principal speakers of the evening were: Mayor
Woodward, who delivered the welcoming address; Shepard Bryan,
J. W. Austin, Hamilton Douglas, Frank Hooper and Russell K.
Smith.
Mr. Austin's address was undoubtedly the most interesting
and entertaining of an excellent program, for, while the speaker,
in his inimitable style, caused uproars of laughter by his unique
anecdotes, there was an underlying current of loyalty and deep
feeling for the Pythian brotherhood in his speech that touched a
responsive chord in the heart of each and every member of the
large crowd of knights who were present.
Home Is Necessary.
Our order stands for everything that is good and righteous,
and every true Pythian endeavors to live up to his oath and
teachings, said Mr. Austin. The time has come when we have
reached the stage of development where a commodious and
elegant home, worthy of the noble order in order which we are all
brothers, is an absolute necessity.
We all know, and it is unnecessary for me to state, that the
Knights of Pythias stand for the sacred observance of everything
good and holy in the lives of each knight and his family.
There is a movement on foot throughout the country to
compel a thorough physical examination of an all applicants, both
men and women, for marriage licenses, and our order was one of
the first to advocate such an examination and fitting physical
qualifications.
In pursuance of the good work that our order is doing, and
will, by the grace of God, continue to do, it is fitting that we
should have a suitable meeting place, where the members of the
knights, particularly the younger ones, can meet in comfortable
good-fellowship, and discuss the high ideals and purposes of the
organization.
Building Is Necessary.
Therefore, we are gathered together with the main purpose
of formulating plans for the erection of a building that will be not
only adequate to the present needs of the local lodges, but he will
be able to accommodate the new and increased membership that
we are bound to acquire within the next few years, and in
addition, be a credit to the beautiful and enterprising city of
Atlanta.
A charter for a $50,000 company for the purchase of a
suitable lot, and the erection of a lodge building, has already been
secured, and the work will be started as soon as the necessary
subscriptions can be secured. More than $5, 000 was subscribed
to the stock of the company at Wednesday night's meeting, in
shares of $100 each, and it is hoped to secure the entire amount
within the next few weeks.