0827 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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evidence sought was irrelevant and immaterial. The Court ruled that the evidence would be immaterial, but further questions were asked by the solicitor and elicited the evidence here complained of.

While Conley was still on the stand, and after cross examination a day and a half on other subjects, defendant's counsel made a motion to rule out, exclude and withdraw from the jury all the-testimony, both direct and on cross, detailing Frank's associations with women and Conley's watching at other times than the Saturday of the murder, to-wit: April 26, 1913. Said motion was made upon the grounds stated and argued at the time the motion was made, that such testimony was immaterial, irrelevant, illegal, prejudicial, and dealt with other matters and things and crimes irrelevant to, and disconnected with, the issues on trial in this case.

The Court declined the motion made at the time upon the grounds as stated, and in doing so erred, because the evidence sought to have been ruled out for the reasons stated, and the same amounted to accusing the defendant of other and independent crimes.

13. Because the Court, upon motion made when the witness Conley was still on the stand, declined to rule out, exclude and withdraw from the jury each and all the below questions propounded to witness Conley, and his answers thereto:
Q. Now, tell what kind of work you had done for him the other Saturdays.
A. I always stayed on the first floor, like I stayed on the 26th of April, and watched for Mr. Frank, while he and a young lady would be on the second floor chatting.
Q. You say chatting. Do you know what they were doing?
A. No, sir, I don't know what they were doing. He only told me they wanted to chat.
Q. Did you ever see him up there doing anything with young ladies?
A. Well, I have—
Q. Well, what would you do before when young ladies come there?
A. I would sit down on the first floor and watch the door for him.
Q. And watch the doors for him?
A. Yes, sir.
Q. How many times did you watch the door previous to Saturday, the 26th of April, 1913?
A. Well, I couldn't exactly tell you; it has been several times I watched for him. Who was there when you were watching the door?
Q. Well, I don't know, sir, who would be there when I watched the door, but there would be another young man and another young lady there during the time I was at the door; a lady for him and one for Mr. Frank.
Q. Now, was Frank ever there alone?
A. Mr. Frank was there alone once, and that was Thanksgiving Day, that I watched for him.
Q. Well, do you know or not the lady—did any woman come there that day?
A. Thanksgiving Day?
Q. Yes.
A. Yes, sir.