0251 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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and decisive ruling, upon the objection of the defendant, and in
allowing the Solicitor General to proceed with said claim that
Frank had the key in his pocket, as a deduction, the same being
totally unwarranted; and for said illegal and erroneous actions
and failure to act, by the Court, and for said illegal and im-
proper argument, a new trial should be granted.

101. Movant says that a new trial should be granted, because
of the following:

The Solicitor General, in his concluding argument, in referring
to the testimony of the physicians introduced by the defendant,
spoke as follows:

"It wouldn't surprise me if these able, astute gentlemen, vi-
gilant as they have shown themselves to be, didn't go out and
get some doctors who have been the family physicians and who are
well known to some of the members of this jury, for the effect
it might have upon you".

Whereupon the following colloquy occurred.

"Mr. Arnold, There's not a word of evidence as to that, that's
a grossly improper argument, and I move that that be withdrawn
from the jury".

"Mr. Dorsey: I don't state it as a fact, but I am suggesting
it".

"Mr. Arnold, He has got no right to doubt it or suggest it, I
just want Your Honor to reprove it, --reprimand him and withdraw
it from the jury, I just make the motion, and Your Honor can do
as you please".

Mr. Dorsey (resuming): "I am going to show that there must have
been something besides the training of these men, and I'm going
to contrast them with our doctors."

"Mr. Arnold: I move to exclude that as grossly improper. He
says he's arguing that some physician was brought here because
he was the physician of some member of the jury, it's grossly
unfair and it's grossly improper and insulting even, to the jury".

Mr. Dorsey: I say it's eminently proper and absolutely a legit-
imate argument".

"Mr. Arnold: I just record my objection, and if your honor let's
it stay in, you can do it." 168.

"Mr. Dorsey: Yes sir; That wouldn't scare me, Your Honor".