0889 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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past twelve. That they were on their schedule time on April 26th and did reach that place at 12:07 or 12:07½. What other crews did at other times or even what this crew did on other oceans was wholly immaterial and in no way illustrated just what took place on the trip wherein Mary Phagan came to town. That other crews often came ahead of time or that this particular crew often came in ahead of time was wholly immaterial.

38. Because during the examination by Mr. Arnold, counsel for the defendant, of V. H. Kreigshaber, a witness for the defendant, there was laughter in the audience, sufficiently generally distributed throughout the audience and loud enough to interfere with the examination. The testimony elicited from Kreigshaber was that Frank was a young man, and that Kreigshaber was older, but he didn't know how much older. Mr. Arnold called the Court's attention to the interruption for the purpose of obtaining some action from the Court thereon.

The Court stated that if there was other disorder no one would be permitted in the court room on the following day and requested the Sheriff to maintain order.

The defendant says that the Court erred in not then taking radical steps to preserve order in the court room and to permit the trial to proceed orderly and that a threat to clear the court room upon the following day and the request for the Sheriff to keep order was not sufficient for the purpose.

This was prejudicial to the defendant, because the laughter was directly in derision of the defendant's defense being made by his counsel.

39. Because the Court permitted, at the instance of the Solicitor, the witness Milton Klein to testify, over the objection of the defendant, made when the evidence was offered, that the same was immaterial, as follows:

"When the witness Conley was brought to the jail Mr. Roberts came to the cell and wanted Frank to see Conley. I sent word through Mr. Roberts that Frank didn't care to see him. Mr. Frank knew that the detectives were down there and afterwards they brought Conley down there and Conley knew Frank knew he was there. I knew and Mr. Frank knew of course. Mr. Frank was at one side and I acted as spokesman. Mr. Frank was there. Mr. Conley with the detectives that he would see him only with the consent of Mr. Rosser, his attorney. I do not know whether Mr. Frank sent and got Mr. Rosser or not. I told the detectives about sending and getting Mr. Rosser's consent. I think Mr. Goldstein was there and Scott and Black and a half-dozen detectives, a whole bunch of them. I was there only once when Conley was there, that was the time when Conley swore he wrote the notes on Friday. When Conley came up there with the detectives, Frank's manner, bearing and deportment were natural. He considered Conley in the same light he considered any other of the city detectives. I know that because I conferred with him about it and he said he would not see any of the city detectives without the consent of Mr. Rosser; he considered Scott as working for the city at that time. I sent word that he would not receive any of the city detectives. Black or anyone of the rest of them. Frank considered Scott with the rest of them, including him with the city detectives. He would
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