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X. AMERICAN STATE TRIAL&.

after they went inside the cafe
did not hear any more eheere or
applause.

Cross-examined, The crowd
wea in front of the courthouse;
1 could not hear the words they
eaid, but only the noises and the
thandelaps; no one came inside
of the eafe after the jury en-
tered; heard nothing on’ the out-
side after they went in; do not
imow whether Solicitor Dor-
sey was in the courthouse or out-
tide of the courthouse when
cheering eommenced,

Mr. Arnold. As Mr. Dorsey
left the courtroom Friday after-
noon I heard loud cheering in
front of the courthouse; on Sat-
urday I asked the Solicitar not
to leave the courtroom until the
jury had gotten out of hearing,
to which the Solicitor readily
agreed; after we had weited eev-
eral minutes, we thought the jury
was out of hearing, and the So-
Ticitor left the courtroom with

me; as the Solicitor stepped in-
to the street there were loud and
excited cheers and tries of “Hur-
rah for Dorsey;” in my judg-
ment these eries could have been
heard as far as Alabama street.
To Mr Hooper. Do not know
where the jury was at the time,
exeept by information; did not
hear this trial mentioned by the
erowd; did not hear the crowd
mention Frank’s name. At any
other time, I would be glad for
my friend Dorsey to get all the
‘approbation he ean. But on thia
occasion I think the conduct of
the crowd was shameful. In my
judgment, if the jury is com-
‘of men_of ordinary hear-
ing, they could have heard what
I beard.

Charles F. Huber. Am one of
the deputies who was in charge
of the jury on Friday; did not
know of the cheers on Friday
ml Saturday morning. (Laugh-

Mr, Arnold. Why, your Honor! you can’t even kegp them quiet
now, here in the courtroom. I wish to state in the record, Mr.
Stenographer, thet while a witness was heing examined in aupport
of the motion, quite a demonstration took place in the courtroom un~

favorable to the defendant. Will your

lonor certify to that?

Tovar Roan. I will certify to what happened.

Mr. Arnold, Will yoa decline to certify, your Honor, that I asked
yon before this trial commenced to clear the courtroom?

Junge Roan. No, I won't decline to do that.

Mr, Arnold. We want an opportunity, your Honor, to complete
our showing on this motion; some of the other deputies are not here.

Jupez Roan. I will overrule the motion for a mistrial, charge the
jury, and then give the attorneys for the defense an opportunity to
smmmon other witnesses and complete what showing they desire to
imske on the motion.

The jury were recalled, and entered the courtroom,

THE CHARGE TO THE JURY.
Jovan Roan: Gentlemen of the jury. This bili of indict-
ment charges Leo M. Frank with the offense of murder. The
charge is that Leo M. Frank, in this county, on the 26th

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