Saturday, 4th October 1913: Sensational Charge In Frank Case, The Atlanta Georgian

Reading Time: 50 minutes [9219 words]

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

DENIED

THOSE

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 &

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

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

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 &

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

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 &

PAGE 4, COLUMN 1

FRANK GIVEN

INDEFINITE RESPITE

Hearing on New Trial Motion Is

Postponed

PAGE 4, COLUMN 8

PREJUDI

CEOF

JURORS

CHARGE

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

JURORS

CHARGE

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