Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian
July 28^th, 1913

Wife Helps Prisoner Pick Men to Try Him

All in Readiness for Real Trial to Begin After Short Recess

Events on the opening day of the trial of Leo M. Frank, accused of the slaying of Mary Phagan in the National Pencil Factory, moved with such unexpected swiftness that it was apparent that the trial proper would be under way and the first witnesses called before the close of the first day’s session. The jury had been completed by the time recess was taken at 1:30.

After a few preliminary clashes between the opposing attorneys which presaged a bitter struggle when the fight for Frank’s life actually was begun, the court settled down to the selection of the jury. The whole morning session up to the recess was occupied with the examination of veniremen.

All the force of attorneys at the table for the defense watched with keen eyes every man examined and frequently referred to a voluminous r[e]cord containing the names of all the veniremen and detailed statements of their history and associations so far as these might have a bearing on their desirability as jurors to pass on Leo Frank’s guilt or innocence.

The keenest interest was manifested by those in the crowded little courtroom as the strategies of the brilliant lawyers were revealed during the examination.

State Had Veniremen’s Records.

The thoroughness with which the Solicitor and his assistants had canvassed the history of every venireman and had investigated whether or not he had ever expressed an opinion on the guilt or innocence of the accused was demonstrated when W. W. Hemmett, a salesman for the Kingsbury Shoe Company, was being examined as to his qualifications.

“Have you ever said you thought Frank was guilty?” Mr. Dorsey inquired.

“No, I never have,” replied Hemmett.

Here the Solicitor referred to some notes at hand and proceeded to call to Hemmett’s recollection a certain talk he had with acquaintances at a certain time. Hemmett was forced to admit that he had talked of the case at that time, but declared that he had not expressed a definite opinion.

“I only said I would have to hear some evidence before I would believe Frank was guilty,” he told Judge Roan.

He was rejected for cause.

Defense Equally Alert.

The defense showed that it was exactly as vigilant when the next venireman was examined. As soon as A. L. Bellingrath, of No. 91 Milledge avenue, arose from his seat, Attorney Arnold was on his feet prepared to state the objection of the defense. He pointed out that Bellingrath was the brother of Henry Bellingrath who has been employed in the Solicitor’s office during the Phagan investigation and that he was reported to have expressed an opinion on the guilt of Frank.

A shrewd bit of strategy was used by Solicitor Dorsey and Attorney Hooper in accepting the two negroes whose names were among the veniremen.

By doing this they forced the defense to use up two of their twenty challenges if they did not desire to have negroes on the jury. With Jim Conley, a negro, likely to be indicted for the murder in the event that Frank is cleared, the defense had no intention of allowing them to pass on Frank’s guilt and promptly struck them. The two negroes were Earl Davis and E. E. Hawkins.

Defense Loses First Clash.

The attorneys for Leo M. Frank lost out in their first skirmish with the prosecution, being compelled to read […]

Frank Assists His Attorneys in Eliminating Veniremen

Wife Sits With Dagger-Like Gaze on the Prosecutor of Her Husband

Accused Close Watcher as the Men Who are to Decide Fate are Picked

[…] their list of witnesses against their wishes and their vigorous protests.

They evened up matters by obtaining from Solicitor Dorsey the concession of honoring the subpenas lecus tecum issued by the defense and demanding the production in court of all the affidavits of Jim Conley. After a short passage between Attorney Arnold for Frank and Solicitor Dorsey that the list must be read, the judge ruled, and the list was read by Attorney Stiles Hopkins.

The list included employees of the National Pencil Factory, where the murdered girl worked; members of Frank’s immediate family, and other relatives and associates of the accused man, members of the same fraternal orders, acquaintances who saw Frank on the day of the crime and classmates in college.

Jurymen Chosen.

The reading of the last names came as a complete surprise. It developed that the defense had scoured the country for persons who had known Frank when he was a student at Cornell. They were subpenaed to bring the character testimony in his behalf up to the time he began his business career.

The picking of the jury proved less difficult than anticipated, twelve men being obtained before 1:30.

List of Jurors.

Here are the jurors chosen:

A. H. Henslee, No. 74 Oak street, a traveling salesman for the Franklin Buggy Company; F. V. L. Smith, No. 481 Cherokee avenue, manufacturer’s agent, with offices in the Empire Building; J. F. Higdon, a contractor, No. 108 Ormewood avenue; F. E. Winburn, No. 213 Lucile avenue, claim agent Atlanta and West Point Railroad; A. L. Wisby, No. 31 Hood street, cashier of the Buckeye Oil Company; W. M. Jeffries, a real estate man, with offices at 313 Empire Building; Marcellus Johemming, No. 161 James street, a machine shop foreman, with offices at No. 281 Marietta street; M. L. Woodward, cashier King Hardware Comparny, No. 182 Park avenue; J. T. Orburn, an optician for Hawkes, was chosen from the fifth panel to be the ninth juror; D. Townsend, No. 84 Whitehall terrace, cashier Central Bank and Trust Corporation.

W. S. Medcalf, No. 136 Kirkwood avenue, circulation department of The Atlanta Journal.

C. J. Bosshardt, No. 216 Bryan street, pressman Foote & Davies.

Bosshardt, the twelfth juror chosen, was the last venireman in the last panel that had been called before the court at the opening of court in the morning. He was picked at exactly 1:25 o’clock and at 1:30 the recess was taken until 3 o’clock.

Attorney Rosser took very little part in the selection of the jury, except to interject a suggestion now and then. He evidently was reserving his strength for the real struggle to come.

Shortly before 2 o’clock Leo Frank was taken into a room adjoining the juryroom, where he was served with a special dinner provided for him by his relatives. Frank’s mother and wife were allowed to converse with him while he ate the dinner. He will remain in this room until the court reconvenes at 3 o’clock.

Wife and Mother With Frank.

Frank, accompanied by his wife and his mother, was brought into the courtroom at 10:30 o’clock. The striking of the jury was begun at once.

A half dozen of Frank’s friends interrupted the order of the court for several minutes by clustering about him and shaking hands with him.

If there was any fear in the heart of the young prisoner it did not show in his calm features. He seemed perfectly assured and self-possessed. He nodded pleasantly to the judge and greeted his friends with a smilee [sic].

After the stir had subsided, covering the entrance of Frank, his wife and mother, the trio took seats in a semi-circle just below the bench.

Frank and his mother took a good look at the jurors in the first panel that was brought in. The prisoner scrutinized each one closely as he was quizzed by the prosecutor to determine his qualifications.

Wife Fixes Gaze on Dorsey.

Mrs. Frank displayed no sign of emotion until she suddenly found that she was facing Solicitor Dorsey. Then anger appeared to blaze from her eyes and seeming scorn curled her lips. She seldom removed her gaze from the Solicitor’s face during the forenoon. If Dorsey was aware of the young woman’s scrutiny, he made no sign and proceeded with the case in rapid fashion.

Occasionally Mrs. Frank would turn to her husband and nod toward the Solicitor as though she was ridiculing the efforts to convict Frank. Mrs. Frank was attired in a becoming suit of black and wore a black hat trimmed with black chiffon; also a black veil was drawn up over her hat. A black and white ribbon led to her watch in the pocket of her white silk waist. Two brilliant diamonds shone on the engagement finger of her left hand.

Frank occupied a seat between his wife and mother. He conversed with them alternatively, at no time appearing nervous or the least apprehensive. His attitude was noticeably even more calm than at the time when he appeared before the Coroner’s jury.

Frank Aids Attorneys.

Frank spoke frequently to his attorneys, whom he was near, and made suggestions while the jurors were being qualified. When each new panel was brought in he looked intently into the face of each man; beginning at the upper row and shifting his gaze from man to man until he had scrutinized them all.

Not infrequently, when the Solicitor had closed his examination and had said, “Juror, look on prisoner; prisoner, look on juror,” Frank would turn to Attorney Arnold and an instant later the announcement would be made, “Storuck by the defense.” Frank evidently was playing a large part in the striking of jurors by the defense.

The dagger-like gaze of Mrs. Frank seldom was removed from the Solicitor’s face. Frequently she embraced all those at Dorsey’s table in her scornful glance.

Wife Caresses Prisoner.

Chief of Detectives Newport A. Lanford, whose department unearthed much of the evidence, happened to be sitting at her right. She turned to him while he was glancing over papers as if she were about to speak her mind to him, but thought better of it.

Once in a while she took her eyes from the Solicitor’s table to lay her hand affectionately upon her husband’s shoulder and draw him toward her to whisper in his ear. Once when she discovered the reporters eyeing her, she smiled mischievously and immediately whispered the information to Frank.

Frank’s mother sat quietly through the routine of examining the veniremen. She spoke to her son frequently, directing her glance at the prospective jurors as though commenting on their fitness.

State Names Its Witnesses.

At 9:58 o’clock, Solicitor Dorsey announced that he was ready to open the case of the State against Leo M. Frank, charged with having killed Mary Phagan by strangulation. This was followed by the request of the defense that the State’s witnesses be called, sworn and put under the rule.

The prosecution opened by announcing its readiness to go on with the trial and called the list of witnesses. Bailiffs brought them down from the second floor. In regular order called, their names were: Mrs. J. W. Coleman, mother of Mary Phagan; J. W. Coleman, the girl’s stepfather; George Epps, newsboy; L. S. Dobbs, policeman; W. W. Rogers, bailiff for constable; L. S. Starnes, detective and also prosecutor on the indictment; Pat Campbell, detective; Grace Hicks, girl who identified Mary Phagan’s body; J. M. Gantt, once held for inquiry, now supposed to be a star witness for the prosecution; Harry Scott, the Pinkerton detective; R. P. Barrett, pencil factory employee; B. P. Haslett, policeman; M. V. Darley, factory employee; W. A. Gheesling, undertaker that cared for girl’s body; Dr. Claude Smith, City Bacteriologist; Dr. H. F. Harris, member of the State Board of Health; Dr. J. W. Hurt, Coroner’s physician; E. L. Parry, court stenographer; E. S. Smith, Monteen Stover, girl employee at pencil factory; Minola McKnight, cook at Frank’s home; Albert McKnight, Minola’s husband (McKnight did not appear in court); Helen Ferguson, Mrs. Arthur White, wife of factory employee, and L. Stanford.

Attorney Reuben Arnold asked concerning the duces tecum that he had served on the State’s attorneys for the affidavits of Jim Conley and others. On the promise of Solicitor Dorsey that he would produce the affidavits whenever needed the duces tecum was waived.

Solicitor Dorsey said he did not concede the right of the defense to force a production of the affidavit. He, however, at the request of Mr. Arnold, dictated a statement giving the dates of each of the affidavits signed by Conley, saying they were all of the affidavits Conley had made and that he would produce them whenever necessary.

The Solicitor asked then that the defense’s witnesses be called and sworn. This was met by strenuous objection on the part of Attorneys Rosser and Arnold, who claimed their list was fragmentary.

Solicitor Dorsey protested vehemently, declaring that it would be extremely unfair to the State not to swear the defense’s witnesses at this time. Attorney Rosser said it would delay the trial to complete their list at this time.

Judge Roan ruled that he would give the defense time to get up the list. The defense capitulated and it took but five minutes for the list to be made up.

Witnesses for Defense.

Attorney Stiles Hopkins, at the table for the defense, called the names of the witnesses by whom they expect to clear Frank. They were Mary Burke, Dora Small, Ella Thomas, C. P. Gilbert, F. Payne, Eula Flowers, Josephine Steiker, Mattie Thompson, Mrs. L. J. Cohen, J. C. Lowe, M. H. Liebman, Miss Bessie White, Joe Williams, Fred Howell, Wade Campbell, J. A. Price, J. E. Lyon, Cora Lavender, M. O. Nix, J. C. Matthews, F. Jenkins, Mrs. Josephine Selig, E. Selig, J. H. Haas, W. H. Mincey, J. B. Spier, E. L. Skipper, E. L. Sentell, May Barrett, Rebecca Carson, C. H. Carson, Harry Denham, Corinthia Hall, Mattie Hall, J. L. Holloway, Mrs. George Jefferson, Jerome Michael, George W. Parrott, M. W. Morrow, Mrs. M. W. Morrow, Rabi David Marx, A. E. Mayo, Fred Weller, A. E. Marcus, Ed Montag, I. H. Haas, W. B. Owens, T. Y. Brent and Ossie Shields.

These were all of the witnesses whose names were called, but at least 100 more, who will be used mostly as character witnesses, were in the room on the second floor waiting to be called.

First Talesman Too Old.

After the venire had been sifted and many excused, W. S. Copeland was the first talesman examined. He was excused when he said that he had passed the 60-year mark. Solicitor Dorsey put the questions, using the formal ones ask in murder trials.

Being conscientiously opposed to capital punishment or conviction by circumstantial evidence was held not to disqualify a juror by Judge Roan. This was in connection with O. T. Camp, the second talesman.

“I am conscientiously opposed to capital punishments on certain grounds,” said Camp.

“What are those grounds,” asked Solicitor Dorsey.

“Circumstantial evidence,” he replied.

Judge Sustains Defense.

“That disqualifies him, then,” said Solicitor Dorsey.

Attorney Rosser objected, saying that such belief did not disqualify the juror. Judge Roan sustained the defense, but Solicitor Dorsey struck him.

A. W. Brewerton was disqualified because he was opposed to capital punishment.

W. H. Winn was struck, Solicitor Dorsey taking this action after looking over his record.

R. G. Elliott was struck by the defense.

L. A. Smith was struck for cause.

C. T. Hopkins, Jr., struck by State.

Not One Is Obtained.

W. E. Cates, disqualified because opposed to capital punishment.

T. G. Young, struck by defense.

D. D. Hewey, struck because he did not believe in capital punishment.

That ended the first panel of talesmen and not a single juror was obtained. The State struck three and the defense two. Seven were disqualified for cause.

Four Jurymen Obtained.

Four jurors were obtained from the second panel. They are:

A. H. Henslee, No. 74 Oak street, a salesman.

F. V. L. Smith, No. 481 Cherokee avenue, a manufacturers agent.

J. F. Higdon, 108 Ormewood avenue, a contractor.

F. E. Winburn, No. 21 Lucile avenue, a claim agent.

On the second panel the following men were struck:

Howard Oliver, by the defense.

H. E. Luckey, for cause.

O. L. Spurlin, No. 156 Lawton street, struck by defense.

H. A. Shide, for cause.

E. E. Hawkins, No. 369 Edgewood avenue, a negro, who was accepted by the prosecution, but struck by the defense.

L. F. Davis, for cause.

David Woodward, for cause.

M. J. Sewell, for cause.

Imposing Array of Counsel.
Third and Fourth Panels Go.

The following men were struck on the third panel: Charles Witherspoon, by defense; H. J. Kuglar, for cause; C. J. Hale, for cause; J. B. Hays, by defense; E. L. Winn, for cause; W. H. Abbott, for cause; K. P. Mayson, for cause; Boyd Perry, for cause.

The entire fourth panel was struck: Samuel Schoen, by the State; W. S. Singleton, by defense; Earle Davis, a negro, was accepted by the State, but struck by the defense; C. S. Cantrell, for cause; John W. Collier, for cause; W. W. Hammett, by the State; A. F. Bellingrath, by defense on ground that he was a brother to an employee of Solicitor Dorsey’s office and that he had expressed the opinion that Frank was guilty.

“I said it looked like he was guilty from what the newspapers said,” declared Mr. Bellingrath. Solicitor Dorsey urged that the talesman was not disqualified by this. However, Judge Roan disqualified him for cause.

“I think he should be set aside for his own sake,” ruled the judge.

1. Berger, for cause.

Two More Panels Struck.

The following men were struck from the fifth panel: W. C. Willis,, for cause; H. C. Hasty, prejudice; C. H. Cook, by defense; C. H. Candler, in answer to a question from Solicitor Dorsey if he was impartial, said “No;” George R. Low, by the State; S. E. Owens, for cause; J. C. Henderson, for cause; C. M. Brown, opposed to capital punishment; C. A. Vaughn, prejudice.

The following men, comprising the entire sixth panel, were struck; Ben F. Willis, by defense; C. M. Petton, prejudice; W. H. Hudson, not impartial; G. R. Milner, by defense; John Head, age; Robert Smidt, opposed to capital punishment; V. N. Carroll, not impartial; C. H. Allen, opposed to capital punishment; P. F. Barber, opposed to capital punishment; O. Wingate, for cause; T. E. Winsow, by State; A. W. Wofford, by defense.

Every man on the seventh panel was struck, including H. H. Kelly, prejudice; N. A. Long, biased; C. W. Gittens, by defense; H. D. Ferguson, opposed to capital punishment; W. L. Merk, by defense; F. E. Walker, prejudice; P. B. Sale, prejudice; W. S. Gaston, biased; C. L. Asbury, biased; J. W. Chatham, prejudice; C. W. Seagroves, prejudice; Carl Weinmeister, opposed to capital punishment.

The last panel, from which the last juror was secured, was Panel No. 9. The following men were struck: S. L. Miller, by defense; H. L. Solomonson, biased; L. O. Hendon, by defense; H. C. Ashford, for cause; E. E. Wochendorff, prejudice; Nicholas Ittner, age; Bud Waites, prejudice; W. W. Sorrell, by defense; Soloman Benjamin, member of Grand Jury.

The buzz of conversation in the little courtroom instantly was hushed when Judge Roan appeared and Deputy Sheriff Plennie Miner called the court to order. The impaneling of jurors was begun at once.

Luther Z. Rosser, chief of counsel for Frank, pressed his way to the defense’s table just as Deputy Miner rapped for order. Solicitor Dorsey and his associates were at their table busily arranging papers and documents several minutes before the swearing of the veniremen began.

An imposing array of legal talent was presented when the case was called. Heading counsel for Frank were Rosser and Reuben R. Arnold, two of the foremost lawyers of the South. At their table were Herbert J. Haas, a civil attorney, who has been engaged in looking up character witnesses in behalf of Frank; Styles Hopkins, of the Rosser & Brandon law firm; Oscar Simmons and Paul Goss, engaged especially to assist in picking the jury; George Cox, of Arnold & Arnold law firm, and Luther Z. Rosser, Jr.

Wife at Frank’s Side.

With Solicitor Dorsey were Frank A. Hooper, the brilliant attorney who made his reputation as a prosecutor in criminal cases; E. A. Stephens, Assistant Solicitor, and detectives who have been working on the case. Jim Conley’s attorney, W. M. Smith, also was in court.

A stir was created when Mrs. Frank, wife of the accused, made her way into the courtroom and hurried past the rows of spectators into the anteroom where her husband was confined. She bore herself bravely, and when she reached Frank, was seen to converge cheerfully with him.

The loyal woman, who insisted on being by the side of her husband until he was called into the courtroom with his attorneys, drew the attention away from the routine proceedings several minutes.

Judge Roan in Good Humor.

Judge Roan appeared in unusually radiant humor and enlivened the dull routine of the early proceedings with facetious remarks directed at the jurors who sought to evade duty on various pretexts.

To one who claimed deafness, Judge Roan said that he had heard his own name readily enough when it was called.

Another juror, Dr. E. L. Connally, well known capitalist, and gray haired veteran of the war, remarked, smiling rather slyly, that he thought he was over age.

“How do you know that?” inquired the judge.

“My mother says I am,” was Dr. Connally’s reply.

“Do you claim exemption on that account?” asked the court.

“I guess I do, judge,” admitted the capitalist.

“Well, then, I guess I will excuse you,” said the judge, amid a general laugh from the courtroom.

Dr. Connally left his place with a vigor that belied his years.

Old Dr. Stork was responsible for the excusing of several of the jurors.

By the time the eighth panel of men had taken the oath three men had told of new arrivals at their homes and had been excused.

Defense Not to Ask Delay.

Luther Z. Rosser, of counsel for the defense, stated to a Georgian reporter as he left his office for the scene of the trial that [t]he defense would make no move for delay.

“We will not seek a change of venue or make any move of any kind to delay justice for our client,” he said, “We are entirely confident that justice and truth will prevail, as it always must.”

Reuben R. Arnold, of the defense, made the same kind of a statement.

“We will announce ready as soon as the case is called,” he said.

One important witness for the defense was reported to be missing. He is a traveling salesman, and the defense was said to be confident of locating him.

A great crowd gathered in front of the courthouse as the hour of the trial drew near, and when 9 o’clock arrived, Pryor street at Hunter was almost impassable. The corridors of the courthouse were a mass of humanity, through which a lane had to be cut by deputies to allow the passage of witnesses and lawyers and newspaper men.

The crowd was tense with curiosity, but to all appearances inclined to be orderly and apparently was moved only by the commonest of human motives—curiosity.

Judge Andrew Calhoun entered the courtroom when the court was about midway in its forenoon session and took a seat by Judge Roan. In the intervals when the proceedings were interrupted by conferences of the attorneys, he conversed with Judge Roan.

Newt Lee, who found Mary Phagan’s body, was brought from the Tower in the middle of the forenoon in the custody of a deputy sheriff. He was placed in an anteroom adjoining the courtroom. It was expected that he would be one of the early witnesses, if not the first, to be called by the State. Lee testified before the Coroner’s inquest that he found the body of the slain factory girl in the […the end of the article appears to have not been printed]

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
July 27^th, 1913

Greatest Legal Battle in the History of Dixie Is the Prediction of Atlanta Attorneys

ATTORNEYS FOR STATE HOLD FINAL CONFERENCE

Representatives of Leo Frank Still Non-Committal About Report That Postponement May Be Asked

Practically every detail for the trial of Leo M. Frank has now been completed and with the state declaring its readiness and determination to go to trial and the defense maintaining its same silence in regard to the much mooted matter of postponement every thing awaits the calling of the case at 9 o’clock Monday morning in the criminal branch of superior court before Judge L. S. Roan.

In far more than one was the trial of the young factory superintendent for the murder on April 26 of Mary Phagan an employee, is expected to exceed any criminal trial in the south.

Extensive preparations have been made by both the state and the defense since Frank was bound over by the coroner’s jury on May 8 and since then the lines of the two armies which will fight the legal battle to determine his fate have been gradually thrown out and maneuvering has been going on for advantageous points.

Greatest Legal Battle.

When the clash actually comes in the court room Atlanta attorneys freely predict that the greatest legal battle of southern history will be seen.

Solicitor Hugh M. Dorsey held a final conference Saturday afternoon with those who have been aiding him. Assistant Solicitor E. A. Stephens and Attorney Frank A. Hooper who will aid in the legal fight, were present, and also Detectives Pat Campbell and John N. Starnes who have been practically attached to the solicitors office during the preparation.

At the close of the conference the solicitor announced that he had made every preparation, and would take a good rest today in order to be in physical readiness for the severe strain of next week.

“Go home and sleep well tonight and go to church tomorrow and pray that the right side may win,” were his parting words to Attorney Hooper, who answered, “Well, Hugh, I always done that before I entered a big case, an’ I’ve always left it to the Lord to decide which was the right side.”

When the solicitor and his assistants left his office the books and papers which the solicitor will carry into court with him Monday had been wrapped up and placed in the safe to be taken out before going to court.

Defense Non-Committal.

On the side of the defense Attorneys Reuben R. Arnold, Luther Z. Rosser and Herbert Haas have very little to say. To the query as to the probability of their asking for a continuance the answer invariably is, “We are not in a position to make a statement now.”

It is not believed that the defense will announce its intention until Clerk John H. Jones actually calls the name of the defendant in court.

It is known, however, that the defense has been working for the past two days in closing up the final gaps and bringing together the last stray bits of evidence with as much zeal as though they fully intended to go to trial.

Witnesses for the defense have been summoned to the number of 150 or more, and these summonses have been served by attaches of the lawyers who will defend Frank.

While it is said that practically all of the witnesses for the defense have been served with subpoenas and thus must come into court or face contempt proceedings, it was said Saturday that several had not been formally served and that efforts were unavailing to reach one witness.

One Witness Missing.

This man, about the material value of whose testimony the defense will give no inkling, is said to have joined the navy and been sent way from Atlanta within a short time ago. Whether he did this out of love for Uncle Sam’s ocean life or whether it was because he desired to avoid the tiresome task of waiting each day to be called upon to testify is not known.

As to whether or not his absence would give grounds for a continuance lies in the value of his testimony, as were he a material witness the case would in all probability be delayed until he could be brought back to Atlanta.

In the courtroom itself preparations are complete to the last detail. Extra benches and chairs have been placed in the room until every available seating space is filled up, and the judge has announced that when these are filled that his deputies will be required to exclude others who may desire to enter.

Courtroom Will be Cool.

As a means of keeping the air fresh and cool eight electric fans have been installed about the walls of the room and seven ozonators have been placed in various parts of the room. The latter machines, which are a novelty to the average man, are somewhat on the pattern of those machines used by rescuers in mine disasters and by an electrical process free oxygen and send it forth to supply that which the people in the courtroom have used up.

Deputy Sheriff Plennie Minor and Lon Burdett with a corps of assistants will be in direct charge during the trial. Judge Roan has given them strict orders about handling the crowds that are expected.

On Saturday Deputy Miner asked that the following announcement be made in regard to conditions which will prevail. Inside the rail which surrounds the judge’s desk the lawyers and principals will be allowed, and a table in one corner has been reserved for the press.

In the seats reserved for spectators anyone who comes in early enough will have a seat. No one will be allowed to stand, as there is no room left which is not taken up by chairs, except that reserved for the aisles.

Theoretically every citizen of Fulton, or any other county, has a right to attend the hearing, and theoretically every bona fide member of the Atlanta bar has a right within the railing. On account of the physical impossibility of accommodating everyone within the confines of the courtroom many will have to be excluded.

There Will Be No Space.

“I want to ask my good friends to maintain perfect quiet and order,” said Deputy Miner in his usual soft drawl, “an’ I want them to remember that when I ask them to stand back and not try to come in, it’s because there is no space for them an’ not because I have any desire to keep them out. I wish every one who wants to hear the case could do so, but they can’t, an’ it’s for the sake of the folks who can’t get in that I have reserved a table and seats for the newspaper men who will report the trial.”

Deputy Miner practically finished serving the veniremen on Saturday and the list of the 144 names drawn Thursday from the jury box was made public.

From the 144 veniremen drawn from the jury box the lawyers will select the jurors. Provided that this list is exhausted before twelve men are chosen other venires may be drawn, for talesmen may be brought into court by the deputy sheriffs.

It is expected that more than the 144 men drawn will be required before the jury is picked, as numbers of these men will have formed conclusions one way or the other, while possibly many others will state that they oppose capital punishment. When the venireman states that he has formed a conclusion or opposes capital punishment he is thereby removed from the list. Other reasons may strike many more off the list, while the state has the right to strike ten names arbitrarily and the defense may strike twenty in a similar way. In the list which was given out by the court officers Saturday the addresses are given for all but nine veniremen.

Frank Veniremen.

The list follows.

C. A. Virgin, Kirkwood.

J. D. Hardy, College Park.

J. M. Defoore, East Point.

Bud Waits, College Park.

W. W. Sorrells, Hapeville.

Sol Benjamin, 348 Whitehall street.

P. H. Miller, Peachtree district.

C. J. Bosshardt, 215 Bryan street.

W. S. Copelan, Oak Grove.

O. T. Camp, president Camp Grocery company, 309 Oakland avenue, also 277 Grant street.

A. W. Brewerton, catroonist [sic], Journal, 45 West Peachtree place.

F. W. Stone, 82 East Linden street.

W. H. Wynne, 196 Cleburne avenue.

W. A. Abercrombie, Blackhall district.

R. G. Elliott, Atlanta Agricultural Works, Glendale.

T. C. Lauren, tailor, 18 Decatur street.

Le. E. Smith Hapeville.

C. T. Hopkins, Jr., sales agent Forest & George Adair, 403 North Boulevard.

W. D. Cates, South Bend.

R. F. Shedden, Mutual Life of New York, Grant building, 30 East Linden street.

T. G. Young, foreman Georgia Railway and Power company, 42 Loomie avenue.

D. D. Henry, 178 Oakland avenue.

Howard Oliver, College Park.

H. E. Lackey, 4 Rosedale avenue.

James F. Hasty, Collins district.

Alfred Barlill, Jr., architect, Grant building.

O. L. Spurlin, 156 Lawton street.

A. H. Henslee, 74 Oak street.

Thomas D. Meador, Imperial hotel.

R. E. Biggers, carpenter, 745 Glenn.

F. V. L. Smith, Empire building, 481 Cherokee avenue.

R. L. Cliett, 58 Boulevard place.

H. R. Callaway, 691 Piedmont avenue.

A. J. Shide, 45 Lucy street.

F. A. Hull, 60 Milledge avenue, 130 Grant street.

Edward E. Hawkins, Collins district.

H. D. Huribut.

S. J. McDowell, street car conductor, 80 Waddell street.

W. W. Brown, 107 Peachtree place or 217 Glenwood avenue.

Edwin F. Johnson, vice president Appeal Publishing company, 176 West Peachtree street.

J. L. Fulghum, Hapeville.

W. C. Willis, East Point.

H. C. Hasty, manager of collections National Cash Register company, 261 Jones avenue.

George Law Summoned.

George R. Law, 4 Whitehall street, residence 205 Ashby.

F. M. York, brick mason, 221 Cooper street.

A. H. Cook, carpenter Atlanta National bank, 252 East Georgian avenue.

Charles H. Candler, 114 Elizabeth street.

George R. Wall, 139 Hill street.

S. C. Owens, East Point.

J. C. Henderson, salesman 60 Peachtree, residence 413 Piedmont, also 332 Houston.

J. W. Helsman.

D. M. Brown, Colege Park.

W. J. Brooks, 224 East Fair, clerk Seaboard.

R. J. Baldwin, Hapeville.

D. Townsend, paying teller Central Bank and Trust corporation, 84 Whitehall terrace.

R. A. Thompson, 152 Ashby, 549 Peachtree street, 199 Cooper street, 79 McLendon avenue.

C. C. Thorne, general agent Equitable building, 135 East North avenue.

C. A. Vaughn, Collins district.

R. A. Palmer, 68 Austin avenue.

Ben F. Willis, Cooks district.

C. M. Patten, Hapeville.

Carl Weinmeister, superintendent gas mains, 27 Elbert street.

S. L. Miller, manager Atlanta Granite company, 27 Fraser street.

Henry L. Solomonson, 71 Sells avenue.

C. S. Johnson, 140 Gaskill street.

L. A. Hendon, bookkeeper Royal Insurance company, 91 West Fifth street.

W. S. Medcalf.

Homer C. Ashford, 83 East Fifth street.

E. C. Wachendorff, architect, Empire building, 22 Willow street.

Nicholas Ittner, 234 Forrest avenue.

J. C. Harrison, 304 Capitol avenue.

W. H. Hudson, 298 Myrtle street.

H. Maness, 47 Bell street.

G. R. Jilner.

John S Head, Oak Grove.

C. H. Allen.

V. N. Carroll, 1292-A Marietta street.

Insurance Man Called.

Robert Schmidt, insurance, Temple Court building, 195 Angier avenue.

T. F. Barber, 281 East Georgia avenue, 10 Clifton street.

H. B. Chamberlain, Peachtree district.

O Wingate, 328 Edgewood avenue.

T. F. Winslow, rooms 29 Boulevard terrace.

C. A. Withers, rooms 15 Simpson street.

A. W. Wafford.

W. F. Burdett, Buckhead district.

H. H. Kelly, Blackhall district.

M. A. Lang.

John W. Bowlin, Collins district.

C. W. Gittens, Hapeville.

H. T. Ferguson, machinist, 332 East Georgia avenue.

W. L. Merk, contractor, 108 Grant street.

G. F. Hardy, 514 St. Charles avenue.

F. E. Walker, 610 North Boulevard.

F. L. Connally, 53 Ashby street.

T. R. Sale, conductor Seaboard Air Line, 186 North Moreland avenue.

Elmo Moore, East Point.

W. S. Gaston, 481 Whitehall street.

C. L. Ashbury, 44 Park avenue.

J. W. Chatham, stonecutter, 132 Jones avenue.

C. W. Seagraves, Collins district.

J. A. McCrary, 78 East North avenue.

L. A. Helms, real estate, 253 Forrest avenue.

T. J. Henderson, carpenter, 25 Woodson street.

L. F. Davis, auto garage, 148 Bellwood avenue.

David Woodward, 655 Peachtree street, president Woodward Lumber company.

J. E. Betterton, College Park.

J. H. Holcomb, Oakland City.

M. J. Sewell, East Point.

J. F. Higdon, contractor, 108 Ormond avenue.

F. E. Winburn, 218 Lucile avenue.

Charles Witherspoon, 23 Vedado way.

Walter H. Scott, meats and groceries, 205 Little or 215 Gordon, cashier National Biscuit company.

H. J. Kuglar, South Bend.

T. J. Hale, South Bend.

J. P. Hays, South Bend.

A. L. Wisbey, 31 Hood street, cashier, Buckeye Oil company.

E. L. Winn, real estate, 502 Peters building, 1210 Peachtree street.

Joel Hurt, Equitable building, 85 Elizabeth.

W. H. Abbott, 234 Rawson, deputy clerk superior court.

K. P. Mason, Peachtree district.

W. M. Jeffries, Collins district.

Boyd Perry, insurance, 537 North Boulevard.

M. Johenning, foreman, 271 Marietta street, 161 Jones avenue.

M. S. Woodward, salesman King Hardware company, 192 Park.

Samuel Schoen, 214 Washington, hides and tallow.

W. F. Wingleton (Singleton).

Earl Davis, Collins district.

C. F. Cantrell, 1 South Gordon, buyer Keely company.

W. M. Donehoo, Buckhead district.

John W. Woodruff, clerk railway mail, 58 Cooper street.

David W. Perdue, Collins district.

George Mathieson, Buckhead.

S. J. Hayles, 20 Flatshoals avenue.

John W. Alexander, 439 South Pryor street.

John W. Collier, real estate, 81 Washington.

J. E. Redd.

Y. R. Norris, Blackhall district.

W. W. Hammett, salesman, 34 Decatur.

A. F. Bellingrath, plumber, 91 Milledge avenue.

D. Berger, groceries, 378 Capitol avenue.

E. A. Massa, manufacturer, 305 East Fair street.

J. T. Osburn.

J. H. Gilbert, South Bend.

H. H. Jones, street car conductor, 69 East Ashland avenue.

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Journal
July 27^th, 1913

Indications Were Saturday Night That the Trial Would Begin Before Judge Roan at Hour Scheduled

BOTH SIDES READY AND BITTER FIGHT IS CERTAIN

Many Well Known Citizens In Venire From Whom the Twelve Jurors Will Be Chosen for Trial

If both sides answer ready when the clerk “sounds” the case of the “State of Georgia versus Leo M. Frank” in the criminal division of the superior court at 9 o’clock Monday morning, what is expected to be the most brilliant as well as one of the most bitter legal fights in the criminal history of the state will have commenced.

The stage has been set for the trial, and on the eve of the battle there was no intimation from any one in authority that the trial would not actually be commenced. For weeks the state and defense have been preparing for the struggle, which is to come Monday, and only an extraordinary motion from the defense, which is not now expected, will delay the trial.

Leo M. Frank, Cornell graduate and man of education and refinement, is charged with the murder of Mary Phagan, a fourteen-year-old factory girl, whose lifeless body was found in the basement of the National Pencil factory, of which he is superintendent, on April 27 by a negro night watchman.

ARRAY OF COUNSEL.

In charge of his defense are two of the ablest lawyers in the south, Luther Z. Rosser and Reuben R. Arnold. Both are attorneys who have established enviable reputations for their knowledge of the law and their ability before a jury. Many victories and few defeats in famous causes, civil and criminal, go to make the record of both of the attorneys.

Opposed to them will be Hugh M. Dorsey, solicitor general of the Atlanta circuit, and Frank A. Hooper, who served as a solicitor general in a south Georgia circuit for many years.

Solicitor Dorsey was pitted against Mr. Rosser in the Grace case, and while he lost, he preyed himself a prosecutor of marked ability, and attorneys who watched that trial were loud in their praise of the manner in which he handled his case.

Mr. Hooper is little known here, but the statement of Americus attorneys who practiced criminal law there, that they were glad when his term expired, is a real tribute to his ability.

Those familiar with the evidence in the case do not expect the Frank trial to be complete for at least two weeks.

BOTH SIDES HARD AT WORK.

Attorneys for both the state and the defense worked until late Saturday afternoon preparing their cases. This was taken to indicate that both sides expected that the trial would go forward as scheduled.

Solicitor Dorsey was closeted for several hours with Attorney Hooper and E. A. Stephens, assistant to the solicitor. At 5 o’clock they had arranged and indexed all their papers and files and strapped them into bundles. The solicitor announced that he was ready for the trial to begin.

Attorneys Rosser and Arnold, counsel for the defense, were in consultation the greater part of Saturday afternoon. They went carefully over the details of their case and discussed the evidence of the defense at some length. Neither Mr. Rosser nor Mr. Arnold have intimated whether it is their intention to go on with the trial or to ask for a postponement. It is generally believed however, that they will announce ready when court is convened Monday morning.

THE FIRST FIGHT.

Subpoenas duces tecum have been served on the solicitor general and many city detectives and other officials commanding them to produce all three of the Conley affidavits and affidavits from many other state witnesses. Over these subpoenas will probably come the first fight, as the solicitor is not expected to surrender the affidavits without a contest.

It became known Saturday night that the state subpoenaed a number of negroes who claim to have been with Conley on the afternoon of April 26, after Mary Phagan is supposed to have been murdered. This indicated that the state will endeavor to corroborate those parts of Conley’s story which redate to his movements outside the factory after he claims to have helped Frank hide Mary Phagan’s body in the cellar of the pencil factory.

Two of these negroes will testify, it is said, that Conley entered a near beer saloon close by the pencil factory about 1:30 and found them there and drank with them, then offered to set ’em up, but on their refusal drank alone.

These negroes will testify, it is said, that Conley was not nervous nor drunk at that time, and that they walked several blocks with him, he turning off into a street which led to his home.

Then will come the choosing of the twelve men who will decide whether Leo M. Frank is guilty or innocent.

The choosing of a jury is expected to consume all of the first day of the trial, and probably part of the second day.

The venire for the trial consists of 144 names, and probably twenty of them for one reason or another will not be in court. Another twenty or more will be excused because they are conscientiously opposed to capital punishment.

So widely discussed has been the Frank case that it is expected that many veniremen will be excused because they have formed or expressed an opinion as to the guilt or innocence of the accused.

SELECTING THE JURY.

While there are only thirty peremptory strikes, ten for the state and twenty for the defense, it is generally believed that they will not have been exhausted and that all twelve jurors will not have been chosen when the venire has been exhausted.

This will mean that talesmen will have to be hastily summoned into court by the sheriffs before the jury can be completed.

The names of the veniremen were drawn by Judge John T. Pendleton, of the superior court, last Thursday, and among them are a number of leading Atlanta citizens. In fact, the venire contains an unusual number of men who are prominent in Atlanta and Fulton county.

HERE ARE VENIREMEN.

C. A. Virgin.

J. D. Hardy, B. R.

J. M. Defoore, E. P.

Bud Waits, C. P.

W. W. Sorrells, Hapeville.

Sol Benjamin, 348 Whitehall street.

P. H. Miller, Peachtree.

C. J. Bosshardt, No. 215 Bryan street.

W. S. Copelan, Oak Grove.

O. T. Camp, No. 309 Oakland avenue.

A. W. Brewerton, 45 W. Peachtree Pl

F. W. Stone, No. 82 East Linden street.

W. H. Dunne, not in directory (probably Wynne).

W. A. Abercrombie, Blackhall.

R. G. Elliott, Atlanta Agricultural Works, Glendale.

T. C. Lauren, No. 13 Decatur street.

L. E. Smith, Hapeville.

C. T. Hopkins, Jr., 403 N. Boulevard.

W. D. Cates, South Bend.

R. F. Shedden, Mutual Life of New York, Grant Bldg. 20 East Linden Ave.

T. G. Young, Georgia Railway and Power Company, 42 Loomis avenue.

D. D. Henry, 178 Oakland avenue.

Howard Oliver, B. R.

H. E. Lackey, 4 Rosedale avenue.

James F. Hast, Collins.

Alfred Barilll, Jr., Grant Building.

O. L. Spurlin, 155 Lawton street.

A. H. Henslee, No. 74 Oak street.

Thomas D. Meador, Imperial Hotel.

R. E. Biggers, 745 Glenn, carpenter.

F. V. L. Smith, Empire Building, No. 481 Cherokee avenue.

R. L. Cliett, No. 58 Boulevard place.

H. R. Callaway, 691 Piedmont Ave.

A. J. Shide, No. 45 Lucy street.

F. A. Hull, 60 Milledge, 130 Grant.

Edward E. Hawkins, Collins.

H. D. Hurlbut.

S. J. McDowell, No. 80 Waddell.

W. W. Brown, No. 107 Peachtree place or No. 217 Glennwood avenue.

Edwin F. Johnson, Appeal Publishing Company, 176 West Peachtree.

J. L. Fulghum, Hapeville.

W. C. Willis, E. P.

H. C. Hasty, No. 261 Jones avenue.

George R. Law, No. 4 Whitehall street, residence No. 205 Ashby.

F. M. York, No. 221 Cooper street.

A. H. Cook, 252 E. Georgia avenue.

Chas. H. Candler, 114 Elizabeth St.

George R. Wall, No. 139 Hill street.

S. C. Owens, E. P.

J. C. Henderson, 413 Piedmont ave.

J. W. Heinsman.

D. M. Brown, College Park.

W. J. Brooks, 234 East Fair St.

R. J. Baldwin, Hapeville.

D. Townsend, 84 Whitehall terrace.

R. A. Thompson, 152 Ashby street.

C. C. Thorne, 135 East North Ave.

C. A. Vaughn, Collins.

R. A. Palmer, No. 68 Austin avenue.

Ben F. Willis, Cooks.

C. M. Patten, Hapeville.

Carl Weinmeister, 27 Elbert St.

S. L. Miller, No. 27 Fraser street.

Henry L. Solmonson, 71 Sells Ave.

C. S. Johnson, 140 Gaskill street.

L. A. Hendon, 91 West Fifth street.

W. S. Medcalf, not in directory.

Homer C. Ashford, 83 East Fifth St.

E. C. Wachendorff, 22 Willow St.

Nicholas Ittner, 234 Forrest Ave.

J. C. Harrison, 304 Capitol Ave.

W. H. Hudson, 298 Myrtle St.

H. Maness, rooms No. 47 Bell street.

G. R. Jilner, not in directory.

John S. Head, Oak Grove.

C. H. Allen, not in directory.

V. N. Carroll, 1292-A Marietta St.

Robert Schmidt, 195 Angler Ave.

T. F. Barber, 281 E. Georgia Ave.

H. B. Chamberlain, Peachtree Dis.

O. Wingate, 328 Edgewood Ave.

T. E. Winslow, 29 Boulevard Ter.

C. A. Withers, 15 Simpson St.

A. W. Wafford, not in directory.

W. F. Burdett, Buckhead.

H. H. Kelly, Blackhall.

M. A. Lang, not in directory.

John W. Bowin, Collins.

C. W. Gittens, Hapeville.

H. T. Ferguson, 332 E. Georgia Ave.

W. L. Merk, No. 108 Grant street.

G. F. Hardy, 514 St. Charles.

F. E. Walker, 610 North Boulevard.

E. L. Connally, No. 53 Ashby street

T. B. Sale, 136 N. Moreland avenue.

Elmo Moore E.

W. S. Gaston, 481 Whitehall.

C. L. Asbury, No. 44 Park avenue.

J. W. Chatham, rooms 132 Jones.

C. W. Seagraves, Collins.

J. A. McCrary, 78 E. North ave.

L. A. Helms, rooms 253 Forrest ave.

T. J. Henderson, 25 Woodson.

L. F. Davis, 148 Bellwood ave.

David Woodward, 635 Peachtree.

J. E. Betterton, College Park.

J. H. Holcomb, Oakland City.

M. J. Sewell, East Point.

J. F. Higdon, 108 Ormond.

F. E. Winburn, 213 Lucile ave.

Chas. Witherspoon, No. 23 Vedado way.

Walter H. Scott, No. 215 Gordon.

H. J. Kuglar, South Bend.

T. J. Hale, South Bend.

J. P. Hays, South Bend.

A. L. Wisbey, No. 31 Hood street.

E. L. Winn, 1210 Peachtree.

Joel Hurt, No. 85 Elizabeth.

W. H. Abbott, No. 224 Rawson.

K. P. Mason, Peachtree.

W. M. Jeffries, Collins.

Boyd Perry, 537 N. Boulevard.

M. Johenning, rooms 161 Jones ave.

M. S. Woodward, No. 182 Park.

Samuel Schoen, 214 Washington.

W. F. Wingleton, not in directory.

Earl Davis, Collins.

C. F. Cantrell.

W. M. Donehoo, Buckhead.

John W. Woodruff, 58 Cooper.

David W. Perdu, Collins.

George Machieson, Buckhead.

S. J. Hayles, 20 Flat Shoals ave.

John W. Alexander, 439 S. Pryor.

John W. Collier, 81 Washington.

J. E. Redd, not in directory.

Y. R. Norris, Blackhall.

W. W. Hammett, 34 Decatur.

A. F. Bellingrath, 91 Milledge ave.

D. Berger, No. 380 Capitol ave.

E. A. Massa, No. 305 E. Fair.

J. T. Osburn, not in directory

J. H. Gilbert, South Bend.

H. H. Jones, 69 E. Ashland ave.

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Georgian (Hearst’s Sunday American)
July 27^th, 1913

Within a minute or two after Deputy Sheriff Plennie Minor had called the court to order the examination process was applied to the venire panel of 144 men. From each panel of twelve one or more men were excused after being asked the formal questions and furnished a sufficient reason to bar them.

J. H. Jones, Deputy Clerk, called the names. F. W. Stone, No. 82 East Linden street, was excused on account of illness. R. F. Shedden was refused on an excuse of military exemption. Only one man was excused from the first twelve men.

H. R. Calloway, of No. 691 Piedmont avenue, first of the second panel, was not served. F. A. Hull, No. 180 Grant street, was excused on account of his age, 20 years. T. J. Henderson, No. 25 Woodson street, was excused as opposed to capital punishment. J. A. McCreary, No. 78 East North street, was excused because of his residence in Dekalb County, J. F. Patterson, of College Park, was excused on account of deafness. Five were excused from the second panel.

Negro Declared Eligible.

W. H. Scott, No. 215 Gordon street, was excused on account of ill health. He had a doctor’s certificate. W. H. Abbott, Record Clerk of the court, was refused excusal. Only one man was excused from the third panel.

The first surprise came with the questioning of the fourth panel, when Earl Davis, a negro, was not excused. He was ruled eligible to jury duty. There is little prospect that he will be drawn as one of the jurors.

George Mathieson, Assistant Chief of County Police, was excused on account of his duties. John W. Alexander, capitalist, of No. 439 South Pryor street, was excused because of illness. W. M. Donehoo, of Buckhead, was let out on account of the death of his mother. E. A. Massa, of No. 305 East Fair street, was over age. J. H. Gilbert, of South Bend, was let out because of illness. The jury panels were thus being revised, and made into a compact venire by this process of elimination.

Joel Hurt Out of Town.

The following men were excused in the selection of the fifth panel: George R. Wall, No. 139 Hill street, on account of illness; F. M. York, No. 221 Cooper street, on account of the illness of his wife; W. I. Brooks, No. 224 East Fair street, on account of having removed from Fulton County. The following were excused in the selection of the sixth panel: H. Maness, No. 112 Jefferson street, account of deafness; Joel Hurt was out of town.

Another in our series of new transcriptions of contemporary articles on the Leo Frank case.

Atlanta Constitution
July 25^th, 1913

One Hundred and Forty-Four Names Drawn From Jury Box—No Effort So Far at Postponement.

The veniremen from which it is expected to choose the jury for the trial Monday of Leo M. Frank, charged with the Mary Phagan murder, was drawn yesterday afternoon by Judge John T. Pendleton, at the request of Judge L. S. Roan, who returned from Covington, Ga., slightly ill.

The names of 144 men were drawn from the petit jury box, and as far as is known no actual attempt was made to have them drawn from the grand jury box, as the attorneys for Frank originally desired.

For the past week the rumor has gone the rounds that Attorneys Reuben R. Arnold and L. Z. Rosser, for the defense, would move to postpone the trial. They have so far made no statement in regard to this matter, and decline to assert whether they will endeavor to secure a postponement or not.

Solicitor Hugh M. Dorsey declared in most emphatic terms Thursday that he was ready for trial and would exert every effort to prevent a delay. Judge Roan, who was seen at his apartments at 15 East Merritts avenue, declared that he expected to be well again today, as he had merely suffered an attack of indigestion.

He stated that he expected to be able to preside, and would call the case Monday morning, on the date set. Judge Roan has been on the bench for over ten years, and has a record of never having missed a day from his duties as judge, and also of never having failed to open court on the minute.

Arnold in Covington.

Attorney Arnold went to Covington Thursday morning for a conference with Judge Roan presumably, and it is believed that he either took up with him the question of drawing the venire from the grand jury box, or took up the question of postponing the case. He refuses to disclose the reasons for his trip, and both he and Mr. Rosser decline to say whether or not they desire the trial to proceed or otherwise.

Should a postponement be asked it would have to be done in open court, when both lawyers for the state and for the defense are present, and so far no motion for such a hearing has been made.

Should Judge Roan’s illness prove more serious or of longer duration than his condition Thursday indicated the probabilities of postponement are strong. Judge Pendleton, who drew the list of veniremen, or Judges W. D. Ellis or George L. Bell have jurisdiction and could hold the trial if so requested.

At the drawing of the veniremen Thursday afternoon in Judge Pendleton’s chambers, Solicitor Huge Dorsey was present, and Attorney Herbert Haas represented the defendant. Neither Attorneys Arnold or Rosser were present, and Mr. Haas did not come in until after the drawing was partially completed.

The drawing of the 144 names took place publicly, Judge Pendleton taking the names out of the jury box and reading them aloud to Deputy Clerk T. H. Jeffries, who copied them for the use of the sheriff, who will summon the venire.

Ask That Names Be Withheld.

Both the solicitor and Attorney Haas secured a complete list of the men from whom it is expected to draw the jury. The veniremen will be served between now and Saturday. At the request of Deputy Sheriff Miner the names will not be published in The Constitution until he has had an opportunity to serve the men personally.

“There’d be too many fellows taking vacations right away. If they knew they were on this list,” explained Deputy Miner, “and jes’ to tell you the whole truth, I doubt if I would blame ’em much.”

While the names of the potential jurors in whose hands will rest the life of Leo Frank were drawn from the petit jury box as in all other cases of this kind, it was noticed by those who heard the names announced that a large per cent of them are either prominent Atlanta business men or residents of the rural districts of Fulton county.

The name of one man who was on the grand jury which indicted Frank on May 24 for the crime for which he will be tried was drawn. Clerk Jeffries called attention to this as the name was read out, but Judge Pendleton stated that he had no authority to do otherwise than leave the name upon the list.

Negroes on the List.

Of the 144 veniremen there are some four or five negroes on the list, as a few negroes in Fulton county are qualified by law to have their names in the jury box. It is only in the federal courts, however, that a negro venireman ever finds his way to the jury box.

It is expected that the list of 144 names will be exhausted before the twelve actual jurors are finally selected, and in this case the usual custom is for the judge to order the sheriff to go out upon the streets and bring in as many talesman as may be need to complete the quota of the jury. This may be done, or additional panels may be drawn from the jury box. The talesman thus brought in from the street would have to be shown to be qualified as are the men whose names are drawn from the jury box.