0206 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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The court admonished the people that if the applause was repeated, he would clear the court room.

Now, we move upon those facts, which tend to coerce and intimidate and unduly influence this jury, that the court here and now declare a mistrial, and we stand ready to prove each and every fact there and we offer to prove them. Now, if your Honor will take cognizance of those facts as stated, then, of course it will dispense with proof. If your Honor does not take cognizance of them, we are ready to prove them by numbers of people who heard them, including myself; I have heard it; all of it, and the conduct has been most disgraceful. The defendant has not been accorded anything like a fair trial and I am disgusted, may it please Your Honor, with the unfairness of those members of the public who make such an exhibition of themselves when a man is on trial for his life. I am not afraid of them - I hope nobody else is afraid of them, but the natural tendency is to intimidate a jury, to coerce a jury, and I have never seen a trial so hedged in and surrounded with manifestations of public opinion. I make the motion to declare a mistrial and stand ready to prove these facts. If the court knows them, the court can take cognizance of them.

Upon this the court stated that as to part of the facts he knew and part he did not know, that what occurred on August 25, 1913, the last day of the trial, he did know, as it took place in his presence; that he did hear cheering when Mr. Dorsey went out on the occasion mentioned, but as to what the crowd said, outside of the whooping and hollering, he did not know, and that he did hear the applause in the court room when the court declined to rule out the evidence as to several alleged transactions with women by Jim Conley.

In support of this motion to declare a mistrial, the following evidence was introduced:

Mr. Deavors testified that he was a Deputy Sheriff of Fulton County in charge of the jury on Saturday when Mr. Dorsey was applauded in front of the court house as he left that house. When the applauding begun, the jury was in or near the German Cafe, where they went to dinner. When the applause first begun,

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Based on the extracted text, this document appears to be a transcript or a record from a court proceeding, specifically discussing a motion for a mistrial. The motion is based on claims of public misconduct, including applause and cheering, which allegedly intimidated and influenced the jury. The context suggests it is from a criminal trial, as there is mention of a man on trial for his life. The specific date mentioned (August 25, 1913) and the mention of individuals like Mr. Dorsey and Jim Conley might help in identifying the case, but without further context, it is clear that the focus is on ensuring a fair trial by addressing external influences on the jury.