Sunday, 5th October 1913 A.h. Henslee May Establish Alibi, The Atlanta Constitution

The Atlanta Constitution, Sunday, 5th October 1913, PAGE 1, COLUMN 4. Attacked Frank Juror Brands As False the Charges Made Against Him in Several Af- fidavits. 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 ., 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. Well Known as Huntsman. Mr. Davis is a native of Meriweather county, and as owner and former operator of the Warm Springs summer hotel, he has entertained during their annual conventions nearly every important professional and business association in the state. He has now retired, having leased the property and will be able to give his whole time, as the law requires, to the work. As a huntsman of long experience and as a trained naturalist, he probably knows more about Georgia wild life than any other man in the state. He is a man of independent means, and it is solely from his love of the work and his desire to aid in the protection of game that he has been induced to accept the office. His appointment was urged by hundreds of persons interested in the future success of the game department. In addition to being known as the father of the game law, he was the best indorsed man for the place, his indorsements coming from all sections of the state. The position pays a salary of $2,000 per year and travelling expenses, which are collected from the sale of hunting licenses.