Work of Choosing Jury for Trial of Frank Difficult

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

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

Veniremen Searchingly Examined by Both State and Defense

Slightest Objection Used to Disqualify—Attorneys Shrewdly Gauge Candidates from Every Angle.

In the selection of the twelve men to comprise the jury which will try Leo M. Frank for the murder of Mary Phagan, one of the bitterest contests of the great legal battle which begins Monday is anticipated.

That counsel for both the defense and State will probe deep into the character of each of the men drawn from the venire of 144 who take the stand for examination for jury service in this case is certain. The attorneys will endeavor to unearth in the character of the prospective juryman such traits as they may believe favorable or unfavorable to their case.

The slightest objection will be used to disqualify the man from becoming a member of the deciding tribunal. Under the cross-examination of such skilled lawyers as those who will appear in the Phagan case no iota of information which will tend to sway the verdict will remain concealed to to be carried into the jury box and fight against the delivery of justice.

Every man of the twelve who will be chosen will be as an open book to the counsel of both sides. Not only will his mentality be shrewdly gauged with respect to the evidence to be presented, but his past life will be searched for a flaw in the man’s make-up which may prove a weak link in governing decisions.

Difficulty Expected.

In view of the widespread discussion which the lengthy investigation of the murder has aroused throughout Fulton County, great difficulty is expected in securing men of unbiased minds.

Probably the first question to be asked each venireman when he takes the stand, after being sworn, will be:

“Have you formed and expressed any opinion in regard to the guilt or innocence of the prisoner at the bar?”

The negative answer to this question will but begin the examination of the prospective juryman. Since the crime of which the pencil factory superintendent is accused is punishable by death, the next question in importance, especially to the prosecution will be:

“Are you conscientiously opposed to capital punishment?”

By an affirmative answer to either of the two questions above, the venireman undoubtedly will be disqualified from jury duty.

Owing to the vast importance of the Frank trial, given impetus by its wide publicity, the great weight which will necessarily be assumed with jury service will not be looked favorably upon by most men, it is declared, and the ease with which by one answer this duty can be avoided, much difficulty is anticipated in securing the twelve men.

Each Minutely Examined.

Upon each man, however, who passes satisfactorily the two challenging questions of opinion and capital punishment, the opposing counsel will center their fire of penetrating questions.

Taken from the criminal code of Georgia, the following questions and provisions will govern the questioning in the witness chair of the prospective juryman:

“Have you, from having seen the crime committed, or having heard any of the testimony delivered on oath, formed and expressed any opinion in regard to the guilt or innocence of the prisoner at the bar?”

“Have you any prejudice or bias resting on your mind either for or against the prisoner at the bar?”

“Is your mind perfectly impartial between the State and the accused?”

If he shall answer these questions satisfactorily, he shall be adjudged and held a competent juror in all cases where the offense does not involve the life of the accused, but when it does, the following additional question shall be put to him:

“Are you conscientiously opposed to capital punishment?”

Judge’s Word Final.

If he shall answer this question in the negative, he shall be held a competent juror, provided, nevertheless, that either the State or the defendant shall have the right to introduce evidence before the judge to show that the answers, or any of them, are untrue; and it shall be the duty of the judge to determine upon the truth of such answers as may be thus questioned before the court.

If a juror shall answer any of these questions so as to render him incompetent, or he shall be so found by the judge, he shall be set aside for cause.

The State or the accused may make either of the following objections:

That he is not a citizen, resident of the country.

That he is over 40 or under 21 years of age.

That he is an idiot or lunatic, or intoxicated.

That he is so near of kindred to the prosecutor, or the accused, or the deceased, as to disqualify him by law from serving on the jury.

20 Challenges for the Defense.

Every person indicted for a crime or offense, which may subject him to death, or four years imprisonment, may peremptorily challenge twenty of the jurors impaneled to try him. The State shall be allowed one-half the peremptory challenges allowed the prisoner.

Here is the complete jury list:

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.