0193 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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showed me where to put the pencils. Nobody was in there but Mr.
Frank and Mary at the time I went in there. Mary was going to her
work when Mr. Frank stopped to talk to her. Mary told him that
she had to go to work. Mr. Frank was talking about he was the
Superintendent of the pencil factory. He told her that he
was the Superintendent of the pencil factory and that he
wanted to speak to her and she told him she had to go to work
and I never did hear any more replies from either one. I left
just when she told him that she had to go to work. Mary backed
off and Frank went on towards her talking to her. That was
before I left, was when she backed off, and the last words I
heard him say was he wanted to talk to her. Mary did not
stand still, she moved backward about 3-1/2 feet. While she was
going backwards, Mr. Frank was talking to her and walking
towards her. Mr. Frank said "I am the Superintendent of the
pencil factory and I want to speak to you", and Mary said,
"I have got to go to work."

The court over the objections made as is above stated, permitted
this testimony to go before the jury and in so doing committed
error, for the reasons above stated.

This was prejudicial to the defendant, because the transaction
testified about was a transaction, apart from those making the
issues in the present case, threw no light on that trial and tended
to prejudice the jury against Frank upon the theory that he was
seeking to be intimate with this little girl.

48. Because the Court erred in admitting to the jury, over
the objection of defendant's counsel, made at the time the evidence
was offered that the same was irrelevant, immaterial, dealt
with collateral matters to the confusion of the issues on trial,
the following extracts from the minutes of the Board of Health
of the State of Georgia;

"The president then addressed the Board at length on his
reasons for thinking that the Secretary should be requested to
resign, the subjects dealt with being too enormous and too
lengthy to be included here in their entirety. After the
President's address, the Board adjourned and reassembled again at
four o'clock in the afternoon at which time Dr. Harris' side
of the controversy was heard." /10