SUPREME COURT OF GEORGIA APPEALS

  • 0001 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    The visible text in the image is: REEL NO. 6.3911
  • 0002 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image:---**Top Left Section:**FOR PHOTOGRAPHERS AND LABORATORY USE ONLYFilm this "TEST PATTERN" at the beginning of the book, volume or pages being microfilmed, after each "volume" and "to be continued". Center the Test Pattern at the reduction being used. Insert the reduction and the exposure ("red." and "exp.") with photocopy.Filmer ce "MODULE TEST" au commencement du livre, volume ou pages que l'on microfilme, après chaque "volume" et "à suivre". Centrer et filmer à la réduction utilisée. Inserer la réduction et l'exposition ("red." et "exp.") avec photocopy.Filme diesen "Prüf-Muster" (Test-Pattern) zum Beginn eines jeden Buches,
  • 0003 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image:---**Department of Archives and History****330 Capitol Avenue****Atlanta****Georgia****30334****MICROFILM LAB****Georgia - Supreme Court****Supreme Court Case File****Leo Frank V. The State**Due to a high reference rate in the past and an anticipated high rate in the future, these portions of a much larger record series are filmed as a protection and as an aid to researchers.**Feb. 17, 1914 First Appeal 14162435**Bill of Exceptions or Enumeration of ErrorsBrief of EvidenceRecord of case**Oct. 14, 1914 Second Appeal 1423617**Brief of Evidence, original and amendedRecord of case including copy of first appeal**Nov. 14, 1914 Third Appeal 1426741**Record Group: Georgia Supreme
  • 0004 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    The visible text in the image is:**BEGIN**Given the context of the image, which appears to be a title card or a screen from a film or video, it is likely that this image is from the beginning of a movie, video, or presentation. The word "BEGIN" suggests the start of something, possibly indicating the commencement of a film, a chapter, or a segment within a larger work. The style and presentation also hint at a vintage or retro aesthetic, which might suggest it is from an older film or a modern production aiming for a nostalgic feel.
  • 0005 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: No. 8008Oct. Term, 1918.CRIMINAL
  • 0006 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: State of Georgia, Fulton County.Be it remembered that at the July Term, 1913, of FultonSuperior Court,--His Honor, L. S. Roan, one of the Judges of theSuperior Court of the State of Georgia presiding--there came on tobe tried the case of the State of Georgia vs. Leo M. Frank,same being an indictment for murder. On the trial of said casethe jury found the defendant guilty without any recommendationfor imprisonment and the court imposed the death sentence upon thedefendant.At the same term at which said verdict was rendered,and in due and legal time, defendant
  • 0007 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: R. L. Cremer makes the following affidavit, deposing and saying as follows: That he is a resident of Albany, Georgia; that he is acquainted with Mack Parkas, who works for Mr. Sam Parkas, who operates a livery stable and sales barn in Albany; that between the time of the murder of Mary Phagan and the trial of Leo M. Frank, exact date this deponent cannot state, deponent was standing in front of Mr. Sam Parkas' place of business on Broad Street, in the presence of Mack Parkas and others, including a party
  • 0008 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Julian A. Lehman, makes the following affidavit, deposing and saying as follows: that he is personally acquainted with A. H. Henslee, one of the jurors in the above case; that on June 2, 1915, between Atlanta, Ga., and Experiment, Ga., the said Henslee expressed his opinion that Frank was guilty of the murder of Mary Phagan, and that this was in deponent's presence and hearing; and in the hearing of other persons on the train at the time; the words used to the best of deponent's knowledge and recollection were-"Frank is as
  • 0009 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: trial in said case ; that since the trial of said case and the verdict and sentence therein, it has come to their knowledge that two of the jurors who sat on said case, to-wit: M. Johenning and A. H. Henslee, were prejudiced, partial and biased against Leo M. Frank, the defendant as evidenced by affidavits attached to motion and hereinafter referred to; that said prejudice, partiality and bias were present on their part, when said Johenning and Henslee qualified as jurors in said case as shown by said affidavits, but that
  • 0010 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: with H. Johenning, one of the jurors who served in the trial of LeoM. Frank for murder of Mary Phagan; that during May, 1915, said M.Johenning met deponent and deponent's daughter on Forsyth Street,Atlanta, Georgia, and then and there deponent said M. Johenning expressedto the deponent and deponent's daughter the firm belief that Leo M.Frank was guilty of the murder of Mary Phagan. This statement wasmade by M. Johenning forcefully and positively and as his profoundconviction.H. Q. Loevenhart makes the following affidavit, deposingand saying as follows: that for some eighteen months prior
  • 0011 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: no knowledge whatsoever as to H. Johenning and A. H. Henslee, two ofthe jurors, being prejudiced, partial and biased in said case, asevidenced by the affidavits of B. B. Lovenhart, Mrs. J. C. Lovenhart,Miss Marian Lovenhart, S. Amon, Max Farkas, R. L. Gruner, John W. Holmes,S. H. Grey, S. M. Johnson, J. C. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I.
  • 0012 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: no knowledge whatsoever as to H. Johenning and A. H. Henslee, two ofthe jurors, being prejudiced, partial and biased in said case, asevidenced by the affidavits of H. B. Lovenhart, Mrs. J. D. Lovenhart,Miss Marian Lovenhart, S. Aron, Max Marks, R. L. Grenary, John W. Holmes,S. H. Grey, S. H. Johnson, J. A. Innis, W. W. Walker, J. W. Coleman and C. B.Stough. Affiant did not know either of said jurors and had never seenor heard of them before; that he did not know until after the trialand did not have any
  • 0013 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: room, he was sitting on the front row of the spectators benches; thatduring the course of the trial deponent saw the jury pass to thejury box from the rear of the court room, the jury passed immediate-ly by this deponent and also by a man, whose name is unknown tothis deponent, but who was a spectator in the court room, who wassitting about three feet from this deponent, just across an aisle, noone being between this man and deponent; as the jury passed this man,at the time specified, this man took hold
  • 0014 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: the automobile approached the corner of South Pryor and East HunterStreets, he observed the Jurymen in the Frank case turn into SouthPryor from the east, out of East Fair St. Street, and deponent stoppedhis automobile to look at the jury, and while doing so noticed thatwalking alongside the jury were some six or seven other men. De-ponent was on the west side of South Pryor Street while the jury inthe above entitled case was walking north along the east side ofSouth Pryor Street. Deponent's brother, Sampson Kay, got out of theautomobile stating
  • 0015 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: room there was also cheering in said court room. There was alsoapplauding in the course of Mr. Dorsey's speech a couple of times onsaid date.Miss Martha Kay makes the following affidavit, deposing andsaying as follows: that she is a resident of the City of Atlanta, liv-ing at #264 South Pryor Street; that on Monday morning, August 25,1913, the last day of the trial of the said Leo M. Frank, in the abovestated case, she was present in the court room in company with Mrs. A.Shurman, of #240 Central Avenue, before time/court to
  • 0016 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Samuel A. Boorstin makes the following affidavit, deposingand saying as follows: that on Friday evening, on the 22nd day ofAugust, 1915, at about 5 or 5:30 P.M., he was present at the courtroom of Fulton Superior Court, Judge H. Stonean presiding, during thetrial of the State vs. Leo M. Frank; and after adjournment, and whenthe jury had been taken from the court room, and shortly thereafter,the Solicitor General, Hugh M. Dorsey, had passed out of the courtroom, there was a large crowd waiting outside, through which the jurypassed, comprising, perhaps, no less
  • 0017 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: had him. I could not see the man that was carried on the shoulders of the men very well, but was told that it was Dorsey. There was a this time fully three thousand men gathered around the court house, filling the streets on all sides of the court house. I only know Col. Dorsey by sight.J. H. Cochran makes the following affidavit, deposing and saying as follows that he is a resident of Atlanta, Georgia; he remembers the close of the trial of Leo M. Frank, and was present in front
  • 0018 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: feet from the Kiser Building, and that both outside of the Cafe and in the Cafe, the cheering of the Solicitor General could be heard by any person.H. G. Williams, makes the following affidavit, deposing and saying as follows: that on the 26th day the Frank trial closed, and verdict of guilty was found by the jury against Leo M. Frank, accused of the murder of Mary Phagan, this deponent was on South Pryor Street, in front of the court house;This deponent saw Solicitor General Dorsey come from the Court House and
  • 0019 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image:---Friday noon, before the above stated case went to the jury on Monday, he was present in the court room where the trial of Leo M. Frank was being held; that when court adjourned and the jury had left and gone to lunch he came out of the court house and there was loud cheering for "Dorsey", which lasted for several minutes. Deponent walked from the court house to his office on seventh floor of Temple Court Building, and when he reached his office some one asked deponent what all the racket or
  • 0020 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: thenetary come out of the court house about six P. M.; that a fewminutes after the jury came out of the court house, Mr. Dorsey ap-peared in the entrance, whereupon a great cheer arose from the peoplecrowding in the streets and around the court house entrance; that atthat time deponent saw the jury about fifty feet from the entranceof the court house, the jury at the time crossing the street diagon-ally toward the German Cafe; that in the opinion of deponent the yellsand cheers would have been heard several blocks away; that
  • 0021 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Charles J. Moore makes the following affidavit, deposing andsaying as follows: that he is an attorney at law,occupying room 501 onthe 3rd floor of the Kiser Building at the corner of Hunter and Pryor Streets;that on Friday,August.20th,deponent was in his officeand saw the jury come out of the court house entrance at about 6 P.M.that soon after Mr.Dorsey appeared in the court house entrance and agreat cheering and yelling occurred by the crowd immediately oppositethe entrance,and afterwards the crowd yelled "Hurrah for Dorsey",andthe volume of the yells were so great that they could have
  • 0022 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: in the Frank case, admits having made certain statements as to Frank'sguilt of the murder of Mary Phagan, but says these statements weremade after the trial of Leo M. Frank, and not before; they say thatso far as they know, the said Henslee has not been in Monroe, Georgia,since the trial of Leo M. Frank, and they reiterate the statementthat all statements made in their hearing by said Henslee, and testi-fied about by these deponents on September 27, 1915, were made beforethe commencement of the trial of Leo M. Frank for the
  • 0023 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: the time, which was shortly after the Mary Phagan murder, almost everyone was discussing the murder, and this deponent was very much interested in the matter, as was everyone else; this deponent heard the man with Hemslee say to Hemslee "I don't believe Frank committed that murder; if he did, he is one Jew in a million, not one Jew in a million would commit such a crime"; and to this statement said Hemslee replied in deponent's hearing: "I believe he did kill the girl, and if by any chance I got
  • 0024 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: that they are personally acquainted with Julian A. Lehman; and that said Lehman is a man of the highest personal and moral character, and reputation, and that he is entirely trustworthy, and worthy of belief, as to any statement made by him.G. W. Hasell and R. P. Spencer, Jr., make the following affidavit, deposing and saying as follows: that they are personally acquainted with Julian A. Lehman, and that said Lehman is a man of the highest personal and moral character, and reputation, and that he is entirely trustworthy and worthy of
  • 0025 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Frank, which is now pending in the Superior Court of Fulton County,Georgia.Leo M. Frank makes the following affidavit, deposing andsaying as follows; that he is.the defendant above.named; that he didnot know, nor has he ever heard until the end of his.trial in theabove stated case, that A. H. Henslee and Marcellus Johenning hadany prejudice or bias against deponent, nor that they, or either ofthem, has ever said or done anything indicating that they believedin deponent's guilt, or had any prejudice or bias against deponent.Shi Gray deposes and states by interrogatories issuedunder Section
  • 0026 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: showing a picture of the jury in the above stated case,and showing a likeness of Juror A. H. Henslee. I know A. H.Henslee by sight. I have heard A. H. Henslee discussing the questionof whether or not Leo M. Frank was guilty of the murder of MaryPhagan, between the death of said Mary Phagan and the commencementof the trial of Leo M. Frank charged with the murder of Mary Phagan.Several parties were talking. Some said they thought Leo M. Frankwas guilty of the murder of Mary Phagan, others said they did not.Henslee
  • 0027 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: I know A. H. Henslee, who served on the jury in the above stated case at the trial commencing July 28, 1913. I have known him about six or seven years. About the time that Conley was reported to have made a statement, I was coming into the city on a street car from the home of my daughter. Henslee was on the car, I heard him say this, in reference to Leo M. Frank's guilt of the murder of Mary Phagan: "I think he is guilty and I would like to
  • 0028 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: 1912, and particularly the likeness of A. H. Henslee. I know A.H. Henslee. A. H. Henslee was in Monroe, Georgia, between the timeof the murder of Mary Phagan, as reported in the papers, and thetime of the commencement of the trial of Leo M. Frank for themurder of Mary Phagan, to-wit: July 28, 1913. What impressed mewas that Henslee was the most vehement in his expression as to theguilt of Leo M. Frank of the murder of Mary Phagan, of anyperson I had heard talk about it. The Phagan murder was, atthe
  • 0029 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: The court also considered the following affidavits as acounter showing presented by the State, to-wit:F. E. WINBURN, makes affidavit deposing and saying as follows:That I was a juror on the Frank case; I did not knowpersonally either A. H. Henslee or M. Johenning, who were also jurorstrying this case, until after we were sworn in on said jury; I hadoccasion to and do know the conduct of these two men on the jury;at no time did either of them express themselves in a way to indi-cate that they were in the least
  • 0030 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: connected with the case, at any time, or that there had been any cheering in any way growing out of or connected with the Frank case, until after the verdict was rendered, and I was told about said incidents; the jury left the courtroom every time before the Judge, lawyers, and audience were permitted to leave, and there was never any applause or cheering either inside the court or outside of the court, within my knowledge, while the case was being considered; the jury, in leaving were always attended by the deputy
  • 0031 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: THAT this cheering did not in anywise influence or affect theverdict which had already been made, nor did it have any influencewhatsoever. THAT deponent remained absolutely unaffected and un-influenced by the cheering or the surroundings and in answeringon the poll, deponent truthfully answered after he had heard thecheering that it was his verdict and in so answering sustainingthe verdict, he discharged his duty and now subscribes to the cor-rectness of the verdict as rendered. THAT neither on Saturday,August 23, 1913, nor on any other day or date, did any man or menother
  • 0032 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: D. TOWNSEND makes affidavit, deposing and saying as follows:THAT he was one of the jurors who served on the abovestated case and heard the cheering which followed soon after thereading of the verdict of guilty in open court and which saidcheering was by parties outside of the court, and which cheeringoccurred during the time the jury were being polled in court;THAT at the time the cheering was heard, no objection whatsoever wasmade by anyone representing Leo M. Frank, or by Leo M. Frank himselfnor was any motion made at the time by
  • 0033 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: -5-the said A.H.Henslee of the said M.J.Ochenning believed that Frankwas guilty until after the entire case had been heard and con-cluded and submitted to the jury, they at least did not so expressthemselves, or give vent to any other expression within my hearingor knowledge, indicating any bias or prejudice against the saidFrank; I did not know how A.H.Henslee stood on the issue untilafter the first ballot had been taken; then said Henslee made atalk and stated that he had cast a doubtful ballot; there wasone ballot marked "doubtful"; he explained to the
  • 0034 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: --6--the roarTHAT we were usually taken direct from the courthouse to theGerman Cafe, located midway of the block on Pryor Street, op-posite from the courthouse, and it took us a very short timeto go there - I should estimate about three minutes at the outside.Upon reaching the German Cafe, we were taken directly to a privatedining room in the rear of the building and the door immediatelyclosed; after being shut up in this room, we never heard any soundsthat in the slightest resembled cheering or applause; the onlycheering that was heard at
  • 0035 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: by the side of the Jury, and neither did anybody within myknowledge, ever speak to any juror at any time or place outsideof the presence of the court. THAT if any man evergrabbed any juror by the hand or held any conversation with anyjuror, the same was not in my presence; no man ever grabbed me bythe hand at the place referred to by W. P. Neill in his affidavitnor did I see or hear or know anything about any man grabbing anymember of the jury by the hand or saying anything
  • 0036 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: --8--been heard and concluded and submitted to the jury, they atleast did not so express themselves or give vent to any otherexpression within my hearing or knowledge, indicating any biasor prejudice against the said Frank; I did not know how A.H.Henslee stood on the issue until after the first ballot had beentaken; then said Henslee made a talk and stated that he had cast adoubtful ballot; there was one ballot marked "doubtful"; he ex-plained to the jury why he cast this doubtful ballot and sub-mitted some suggestions with reference to the evidence;
  • 0037 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: ---9---opposite from the courthouse, and it took only a very short timeto go there - I should estimate about three minutes at the outside.Upon reaching the German Cafe, we were taken directly to a privatedining room in the rear of the building and the door immediatelyclosed; after being shut up in this room, we never heard anysounds that in the slightest resembled cheering or applause; theonly cheering that was heard at any time while the case was beingconsidered was the cheering that arose shortly after the verdictof guilty was read, when there
  • 0038 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: was, so far as I am concerned, and as to the other jurors, sofar as their deportment shows, I believe was rendered froman honest opinion, based on the law and evidence of the case.A. L. WISHEY makes affidavit, deposing and saying asfollows:THAT I was a juror on the Frank case; I did not knowpersonally either A. H. Henslee or M. Johenning, who were alsojurors trying this case, until after we were sworn in on saidjury; I had occasion to and do know the conduct of these two menon the jury at no
  • 0039 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: ---11---of Henslee and likewise of each and every man on the jury:THAT I did not at any time, while a Juror, hear any applauseexcept such as occurred in open court, and which was heardby the Judge, jury and attorneys in the case; I did not knowthat there had been any cheering or anybody connected with thecase at any time or that there had been any cheering in any waygrowing out of or connected with the Frank case, until afterthe verdict was rendered, and I was told about said incidents.THAT on one occasion
  • 0040 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: anything that had the slightest resemblance to cheering, andI never heard any applause except that heard by the judge and onlyheard about the cheering after having been discharged from thecase; THAT neither on Saturday, August 23, 1913, nor on any otherday or date, did any man or men other than the bailiffs in chargeof the jury ever walk with or by the side of the jury, and neitherdid anybody within my knowledge, ever speak to any juror at anytime or place outside of the presence of the court; THAT if at anytime
  • 0041 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: -13-in a way to indicate that they were the least bit prejudicedor biased, but each of these men, as did I and every othermember of the jury, deported themselves as honest, upright,prudent and impartial jurors; if either the said A.H.Hensleeor the said M.J.Chenning believed that Frank was guilty untilafter the entire case had been heard and concluded and sub-mitted to the jury, they at least did not so express themselves,or give vent to any other expression within my hearing orknowledge, indicating any bias or prejudice against the saidFrank; I did not know
  • 0042 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: -14-were permitted to leave, and there was never any applause orcheering either inside of the court or outside of the courtwithin my knowledge, while the case was being considered;the jury, inclosing, were always attended by the deputysheriffs or bailiffs, one always going in front and one al-ways in the rear; we were usually taken direct from the cour-house to the German Cafe, located midway of the block on PryorStreet, opposite from the courthouse, and it took only a veryshort time to go there - I should estimate about three minutes -at the
  • 0043 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: --15--or saying anything to any juror, or attempting to say anythingto any juror, and within my knowledge, there was no communi-cation at any time or place or in any shape, manner or formwith any juror, with any party on the outside; all communicationshad by the jury with outsiders, so far as I know, were throughthe bailiffs and said communications were authorized by thecourt and known to counsel on both sides of the case: THATso far as I am personally concerned, and so far as I know asto each and every juror on
  • 0044 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: --16--doubtful ballot, and submitted some suggestions with reference to the evidence; up to that time, so far as I know, said Henslee had not intimated or expressed any opinion whatsoever with reference to any feature of the case; and I did not at any time while a juror, hear any applause except such as occurred in open court, and which was heard by the Judge, Jury and attorneys in the case; I did not know that there had been any cheering of anybody connected with the case at any time or that
  • 0045 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: that arose shortly after the verdict of guilty was read, whenthere was cheering both on Hunter and Pryor Streets, and saidcheering was loud and long; with the exception of this cheering,I never heard anything that had the slightest resemblance tocheering, and I never heard any applause except as heard bythe Judge and only heard about the cheering after having been dis-charged from the case; THAT neither on Saturday, August 23, 1913,nor on any other day or date, did any man or men other than thebailiffs in charge of the jury, ever walk
  • 0046 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: --18--Mrs.Jernie G.Lovenhart and Miss Miriam Lovenhart, both made before the same Burk aforesaid and on the day aforesaid, THAT the facts are these with reference to this: THAT I never having expressed to the said Lovenhart or any one else any opinion with reference to the guilt or innocence of said Frank, except as hereinafter set out: THAT some time about two weeks before the Frank case was/set for trial - which, if my memory serves me right, was about the latter part of June, 1913 - I had a casual conversation
  • 0047 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: --19--J.T. OZBURN makes affidavit, deposing and saying asfollows:THAT I was a juror on the Frank case; I did not knowpersonally either A.H.Henslee or M.Joehenning, who were alsojurors trying this case, until after we were sworn in on saidjury; I had occasion to and do know the conduct of these twomen on the jury; at no time did either of them express themselvesin a way to indicate that they were in the least bit prejudicedor biased, but each of these men, as did each and every othermember of the jury, deported themselves as
  • 0048 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: had been any cheering of anybody connected with the case at anytime, or that there had been any cheering growing out of or con-nected with the Frank case, until after the verdict was rendered,and I was told about said incidents; the jury left the courtroom every time before the Judge, lawyers, and audience were per-mitted to leave, and there was never any applause or cheeringeither inside of the court or outside of the court, within myknowledge, while the case was being considered; the jury, in leaving,were always attended by the deputy sheriffs
  • 0049 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: any man grabbing any member of the jury, by the hand or sayinganything to any juror, or attempting to say anything to any jurorand within my knowledge there was no communication at any time orplace or in any shape, manner or form, with any juror, with anyparty on the outside; all communications had by the jury with out-siders, so far as I know, were through the bailiffs, and saidcommunications were authorized by the court and known to counselon both sides of the cases TFAT so far as I am-personally con-cerned, and so
  • 0050 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: --22--a talk and stated that he cast a doubtful ballot; there was oneballot marked "doubtful"; he explained to the jury why he castthis doubtful ballot, and submitted some suggestions with referenceto the evidence; up to that time, so far as I know, said Hensleehad not intimated or expressed any opinion whatsoever with re-ference to any feature of the case, except as above; THAT as toM.J.Schenning, so far as I was able to judge from his conduct anddeportment, said J°Schenning was an upright, honest, fair, pru-dent, impartial and conscientious juror, imbued with only
  • 0051 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: --23--when there was cheering both on Hunter and Pryor Streets, andwild cheering was loud and long; with the exception of thischeering, I never heard anything that had the faintest re-semblance to cheering, and I have never heard any applauseexcept that heard by the Judge and only heard about THIRTYother cheering after having been discharged from the case.THAT the cheering which occurred just after the reading ofthe verdict in said case occurred during the time the jurywere being polled by the Court: THAT at the time the cheeringwas heard no objection whatsoever was
  • 0052 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: --24--other juror, or attempting to say anything to any juror, exceptas above and within my knowledge there was no unauthorized com-munication at any time or place or in any shape, manner or form,with any juror, with any party on the outside, all communicationshad by the jury with outsiders, so far as I know, were throughthe bailiffe, and said communications were authorized by thecourt, and known to counsel on both sides of the case; THAT sofar as I am personally concerned, and so far as I know, as to eachand every juror on
  • 0053 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: --25--or bias, either for or against the said Leo M.Frank, and thatwas absolutely true; furthermore I stated that my mind wasperfectly impartial between the State of Georgia and Leo M.Frank, accuse of Murder; that answer given under oath, wasabsolutely true; my attitude toward the case was that of an im-partial, unprejudiced man, seeking only to do my duty as a citizenand as a Juror, with a due appreciation of the fact that a man'slife or liberty must not be taken except the State produce evi-dence to overcome the presumption of innocence which
  • 0054 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: --26--committed the crime ought to be hung, whether Frank or any other person; the conduct of the entire jury after they were empannelled and sworn, was that of honest, upright, and impartial jurors; no member of the jury, including myself, while knowledge, ever expressed an opinion of the guilt or innocence of Leo M.Frank during the trial, until after all the evidence was in, speeches in and the court had charged us to render a verdict; as illustrating the attitude which I occupied in this case, I will say that when it
  • 0055 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: -277-doment give any date when I was supposed to have made the re-marks attributed to me; but I was not in Albany from June 2nd.,and 3rd., 1913 at which time I was there, until September 18th.,1913;if at any time between April 26th. 1913, and July 28th., 1913, Iever saw Moak Farkas in Albany or elsewhere and had a conversation withhim, I have absolutely forgotten it; I do know that I did not seethis man Moak Farkas on my trip to Albany June 2nd., 1913 and June 31913; I did see Sam Farkas
  • 0056 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: --28--Ga., spending the night of June 2nd., at the New Albany Hotelin Albany, Ga. THAT said Lehman does not state where it was thatthe said statement was made by me on June 20th.,1913. I unqualifiedlystate, that I never on June 20th.,1913, or on any other date, madeany such statement to Lehman or to anyone else; On June 19th., 1913,I was at Opelika, Ala, and Columbus, Ga., and on the 20th., I wasat Columbus, Chipley and Cataula, Ga., and drove from Cataula toWaverly Hall by private conveyance and from Waverly Hall I went
  • 0057 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: in the City of Atlanta, say "I am glad they indicted the Goddamn Jew", they ought to take him out and lynch him, and if Iget on that jury I will hang that Jew sure." I emphaticallydeny that I used any such expression at any time or place; I am amember of the Elk's Club; said Club has among its members a largenumber of Jewish people, many of whom are my friends. I neverentertained any prejudice or animus against the Jewish people, oragainst any one of them, and I did not make
  • 0058 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: at this time, anything more than the headlines of the newspapersand I had not formed any opinion based on newspaper reports orcasual rumor as to whether or not Frank was the man guilty of thecrime, and I did not express myself in the language attributedto me by the said Ricker or any other language; nor did I knowthat the public sentiment was so strong against Frank that he wouldnot be able, if acquitted, to get out of the City of Atlanta alive, andI positively and emphatically deny that I ever made use
  • 0059 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image:---- 31 -H.Shi Gray, S.M.Johnson, and John M.Holmes on rendering the verdict of "Guilty"; I was introduced by Mr.Holmes to their many friends and acquaintances as having been one of the jurors on the Frank case; I furthermore stated on this occasion which I refer to, namely, September 2nd., 1913, that said Frank was a moral degenerate and apervert; I based this statement on the evidence adduced upon the trial; before that I did not have any knowledge or information whatsoever which would have warranted me in surmising that Frank was a degenerate
  • 0060 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Stated in my recollection, until September 2nd, 1915, that Ihave ever expressed any opinion, anywhere, at any time priorto this trial, that Leo M. Frank was guilty. I do not remember;I never had any prejudice against the said Leo M. Frank, and Inever had any fixed opinion, or entertained any kind of opinionof the merits of the case until I heard the evidence; and Iqualified as a juror with an unbiased mind, and with a disposi-tion to readily yield and conform to the evidence, and to be con-trolled absolutely by the law
  • 0061 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: outside of the courthouse; I did not hear any applause in thecourtroom that I now recall, except as above stated; I do not re-call what occasioned any laughter, except that occasioned by thecross examination of Jim Connelly by Mr.Rosser, counsel for Frank;I laughed myself, as did the audience and all of the jury, whenConnelly told Mr.Rosser how he spelled certain brands of pencilsand other words; I laughed and the audience laughed when B.Daltontold Mr.Rosser when and where he was born, stating that he wasthere but could not remember; also in conjunction with
  • 0062 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: anything about it if anything like that took place and I didnot hear the sheriff speak to anyone about it; there was no com-munication at any time or place in any shape, manner or formwith me from the outside after the jury was empaneled and so faras I know, there was no communication with any juror except let-ters which came through the sheriff or bailiff and which were bythe court permitted; and I never read any letter, or communicationof any character that had not been opened before it came to methrough the
  • 0063 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: walking two abreast, said jury following immediately behinddeponent Pennington: THAT Deponents have read the various affi-davits which deal with alleged cheering of the Solicitor General ashe left the court house on said Friday afternoon August 22, 1913;opponents under oath they did not hear any demonstration of any kind on said afternoon, nor did theyhear any applause for the Solicitor General or for any one else;THAT when court adjourned on Saturday, August 23, 1913, soonafter the noon hour, deponents took the jury from the court-house northward along Pryor street; they did not, on
  • 0064 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: said six or seven men or any other number of men talk to thejurors or any of them, on South Pryor Street, or the German Cafe,or at their rooms at the Kimball House, or elsewhere, at anytime, between the time the jury was impanelled and the time whenit was discharged after having finally rendered its verdict inthe said case, so far as deponents know or believe; at no timeand in no place did deponents see any member of the jury in thiscase communicate with, or attempt to communicate, with any one ex-cepting
  • 0065 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: he occupied an anteroom to the court-room in which said case was tried directly across the hallway from the jury room; that in leaving the jury box, and retiring to the jury room, it is necessary to pass through three doors; that deponent knows of the occasion of the applause in the court room when the Judge declined to rule out and exclude the evidence of Jim Conley as to two certain acts of degeneracy and perversion on the part of Leo M. Frank, the defendant; deponent was present in the court
  • 0066 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: M. Johenning makes the following affidavit, deposing and saying as follows: That he was one of the jurors who served on the above stated case and heard the cheering which followed soon after the reading of the verdict of guilty in open court, and which said cheering was by parties outside of the court, and which said cheering occurred during the time the jury were being polled by the court.At the time the cheering was heard no objection whatsoever was made by anyone representing Leo M. Frank or by Leo M. Frank
  • 0067 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: the reading of the verdict, while the jury was being polled, Deponentsays that at no time did he see any one appeal to or attempt to speakto any member of the jury, except officers of court in the dischargeof their duty. Deponent further states that he never at any timewitnessed or knew of any misconduct on the part of any member of thejury, but states, under oath, that at all times, when in his presenceeach member of the jury deported himself as an upright, honorable andconscientious juror, seeking to faithfully discharge his
  • 0068 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: to Judge, the jury at all times, when he was present, deported themselves as honest, honorable, conscientious, unbiased and unprejudiced jurors, and at no time were any of said jurors guilty of any misconduct, within his presence or knowledge.Drew Liddell makes the following aff. & vit, deposing and saying as follows: that he is a deputy sheriff of Fulton county, Georgia and was on duty constantly during the trial of the above stated case. On Friday, August 22nd, and Saturday, August 23, 1913, deponent, with other deputies, accompanied the jury to and
  • 0069 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: C.J.Bosshardt makes affidavit as follows: I have read the affidavit of J.T.Osburn, executed on Oct.16,1915,and hereby adopt said affidavit of said Osburn, and that the said allegations contained in said affidavit are true and correct. C.J.Bosshardt makes affidavit as follows: I am one of the jurors who sat on the above stated case, and heard the cheering which followed and after the reading of the verdict of guilty in open court,and which said cheering was by parties outside of the court, and which cheering occurred during the time the jury was being
  • 0070 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: W. H. Howard, J.C.Gallier, T.W.Cochran, P.L.Cordy, J.E.,Howard, J.D.Lookridge and C.O.Summers each make affidavit that theyknow A. H. Henslee, one of the jurors who served in the case of theState of Georgia, vs. Leo M. Frank; that each of the witnesses is ac-quainted with the general character of the said A. H. Henslee, andthat the general character and reputation of the said Henslee is good,and from his general character and reputation, each of deponents wouldbelieve the said A.H.Henslee on oath.H. Pitts & L. Lyle, T. J. Webb, and John H. Kelley, each makeaffidavit
  • 0071 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: I was aiding the Sheriff, and as a deputy was stationedimmediately in the rear of the jury box. I was in positionto hear all that the jury could hear in the court room, andat no time did I hear any applause, except what occurred inopen court, in the immediate presence of the Judge presidingand which was officially noticed by him: No cheering from theoutside was heard, excepting during the polling of the jury,after their verdict had been read. I observed no misconducton the part of any Juror, and no communication or attempt
  • 0072 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: member of the jury individually or the jury collectively fromthe time the jury was impanelled until they had rendered their vverdict and had been discharged. I am the Deputy Sheriff regular-ly assigned to the Criminal division of Fulton County SuperiorCourt and was on duty and in charge of the courtroom during theentire time Leo M. Frank was on trial; I have read theaffidavit of Mrs. A. Shurman and others with reference to thecheering on the outside of said courtroom during Friday andSaturday and Monday, the last three days of the trial. I
  • 0073 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: xxk any spectator or person at or around the said courthouse, duringthe trial of Leo M. Frank other than the officers of the law, tohave in their possession or on their person any pistol or armsof any kind or character.W. F. Medcalf, makes affidavit, deposing and sayingas follows:I was a Juror on the Frank case. I did not knowpersonally either A. H. Henslee or L. L. Johenning, who were alsojurors, trying this case, until after we were sworn in on saidjury. I had occasion to and do know the conduct of these
  • 0074 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: conscientiousness of Johenning is true of Henslee and likewiseof each and every man on the jury; I did not at any time, whilea juror, hear any applause except such as occurred in open court,and which was heard by the Judge, jury and attorneys in the case;I did not know that there had been any cheering of anybodyconnected with the case at any time or that there had been anycheering in any way growing out of or connected with the Frankcase, until after the verdict was rendered, and I was told aboutsaid incidents;
  • 0075 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: my presence. No man ever grabbed me by the hand at the placereferred to by W. P. Weill in his affidavit, nor did I see orhear or know anything about any man grabbing a member of the Juryby the hand or saying anything to any juror, or attempting tosay anything to any juror, and within my knowledge, there was nocommunication at any time or place or in any shape, manner, or form,with any juror, with any party on the outside. All communicationhad by the Jury with outsiders, so far as I know,
  • 0076 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: for new trial and said amendment to the motion for new trial beingparts of the record in said case, and reference being hereby had tothe same; and movant further specifies as to each error complainedof that the court failed and refused to grant a new trial upon eachand every ground contained in said motion for new trial and theamendment thereto, reference being hereby had to the same as if fullyembodied herein, the same being of record.Defendant further excepts to said judgment overruling themotion for new trial and alleges error therein in not
  • 0077 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: 9th. The Judgment of the Judge refusing a new trial insaid case.This ____ day of ____ 1913./s/ Reuben R. Arnold/s/ Leonard HaasAttorneys for Leo M. Frank,Plaintiff in Error,Address, Atlanta, Ga.I do certify that the foregoing Bill of Exceptions is trueand contains and specifies all of the evidence and specifies all ofthe record material to a clear understanding of the errors complainedof; and the Clerk of Fulton Superior Court is hereby ordered to makeout a complete copy of such parts of the record in said case asare in this Bill of Exceptions specified,
  • 0078 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    The visible text in the image appears to be handwritten and somewhat difficult to decipher due to the quality of the image. However, I can make out the following: 12 of November 1847Received of Wm. H. English
  • 0079 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: GEORGIA, Fulton County.I Hereby Certify, That the foregoing Bill of Exceptions, hereunto, attached, is- the true original Bill of Exceptions in the case stated, to-wit :Leo M. FrankPlaintiff in Error.VSThe State of GeorgiaDefendant in Error.and that a copy hereof has been made and filed in this office.Witness my signature and the seal of Court affixedthis the 15th day of November 1913.Clerk Superior Court Fulton County, Georgia.Ex-Officio Clerk City Court of Atlanta.
  • 0080 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Filed in officeClerk. 191Filed in officeClerk. 191Bill of ExceptionsState of GeorgiavsWill FrankCase No.Albany Circuit,Term, 191
  • 0081 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: BILL OF EXCEPTIONSTHE STATESUPREME COURT OF GEORGIA.OCTOBER TERM, 1898.CRIMINAL DOCKET NO. 1052FILED IN OFFICE NOV 15 1898CLERKFRANK
  • 0082 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: FileNo. Atlanta Circuit Term, 191Leo M. FrankVERSUSThe State of GeorgiaTranscript of RecordFiled in office. 191 Clerk.DAILY REPORT CO., PRINTERS, ATLANTA
  • 0083 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: 10852Frank & State(INDEX.)Bill of Indictment.............................1Plea...........................................1Verdict.........................................3Sentence........................................3Motion for New Trial...........................4Amended Motion for New Trial...................5Certificate of Court...........................7Order Overruling Motion for New Trial..........237Charge of the Court............................238Approval of the Court..........................239Brief of the Evidence..........................244
  • 0084 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: (BILL OF INDICTMENT.)The State, No. 9410,Vs. Fulton Superior Court,Leo M. Frank. May Term 1913.True BillL. H. Beck, Foreman,24th day of May 1913.Hugh M. Dorsey, Sol. Gen'lJ. N. Starnes, Prosecutor.STATE OF GEORGIA,FULTON COUNTY.The Grand Jurors, selected, chosen and sworn for the County ofFulton, to-wit;1. J. H. Beck, Foreman,2. A. D. Adair, Sr.,3. F. P. H. Akers,4. B. F. Bell,5. J. G. Bell,6. Sol. Benjamin,7. Wm. E. Besser,8. C. M. Brown,9. O. A. Cowles,10. Walker Dunson,11. Geo. A. Gershon,12. S. C. Glass,13. A. L. Guthman,14. C. M. Kains,15. R. R. Hubbard,16. R. R. Hash,17.
  • 0085 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: and there choking her, the said Mary Phagan with a cord placedaround her neck, contrary to the laws of said State, the goodorder, peace and dignity thereof.Hugh M. Dorsey, Sol. Gen'l.J. N. Starnes, Prosecutor.Fulton Superior Court 1913.WITNESSES FOR THE STATE.J. W. Hurt, Dr.L. S. Dobbs, (Police)J. N. Starnes "R. P. Barrett,W. W. Rogers,Harry Scott,B. B. Haslett,Grace Hicks,E. F. Holloway,N. V. Darley,H. L. Parry,J. M. Gantt,William A. Gheesling.Copy Bill of indictment and list of witnesses before GrandJury, waived before arraignment. Full panel Waived.Roeser and Brandon,R. R. Arnold,Herbert Haas, Deft's Att'ys.2.
  • 0086 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: (P L E A.)July Term 1913.The defendant Leo M. Frank, waives being formally arraigned, and pleads not guilty.F. A. Hooper,E. A. Stephens andRush W. Dorsey,Sol. Gen'l.Rosser and Brandon,R. R. Arnold,Herbert Haas,Deft's Att'ys.-------------------(VERDICT.)We, the jury, find the defendant guilty.Date August 25th, 1913.F. E. Winburn, Foreman.
  • 0087 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: (SENTENCE.)The State, No. 9410.Vs. (1.) Indictment for Murder. Fulton SuperiorLeo M. Frank. (1.) Court, May Term, 1913, Verdict of (1.) Guilty, July Term, 1913. Aug. 25, 1913.Whereupon, it is considered, ordered and adjudged by the Court that the defendant, Leo M. Frank, be taken from the bar of this court to the common jail of the county of Fulton, and that he be safely there kept until his final execution in the manner fixed by law.It is further ordered and adjudged by the Court that on the 10th day of October, 1913,
  • 0088 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: (MOTION FOR NEW TRIAL.)State of Georgia,Vs.Leo M. Frank.(1). Conviction of Murder.(1). In Fulton Superior Court.(1). Motion For New Trial.And now comes the defendant in the above stated case and moves the court for a new trial upon the grounds following, to-wit:1. The verdict is contrary to the evidence.2. The verdict is contrary to the law.3. The verdict is against the weight of the evidence.4. The court, over the objection of the defendant, heard evidence of other transactions and tending to establish other crimes and offenses, wholly separate and distinct from the charge
  • 0089 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: In the meantime let the execution of the court's sentence besuspended. It is further ordered, that until such time as thismotion may be heard and decided, that the movant have fullleave to amend this motion for new trial.This 26th day of August, 1913.L. S. Roan,Judge S. C. St. W. Ct. PresidingFiled in office this the 26th day of August, 1913.F. V. Myers, D. ClerkGEORGIA, FULTON COUNTY.Service acknowledged, copy received all other andfurther service waived. This Aug. 27th, 1913.F. A. Hooper,Hugh M. Dorsey,E. A. StephensSolicitor General Fulton County, Georgia.We further agree to the
  • 0090 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: (AMENDED MOTION.)GEORGIA, FULTON COUNTY.State of Georgia, No.Vs. Fulton Superior Court.Leo M. Frank. July Term, 1913.And now comes the defendant in the above stated cause, LeoM. Frank, and amends his motion for new trial heretofore filed inthis case, and says:That the verdict in the above stated case should be set asideand a new trial granted for the following reasons, to-wit:1. Because the Court erred in permitting the solicitor to proveby the Witness, Lee, that the detective Black talked to him, thewitness, longer and asked him more questions at the police stationthan did Mr.
  • 0091 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: jailer, had interviewed Lee just before the present trial.The solicitor, over the objections of Frank's atty's that the evidence offered was immaterial, irrelevant, and the expression of an opinion, was permitted by introducing said evidence to draw a comparison of the time occupied by Frank and Arnold to their respective interviews, and, in doing so, the Court erred because the evidence offered was immaterial, irrelevant and the expression of an opinion.3. Because the Court permitted the solicitor, over the objection of defendant made at the time, evidence was offered that the same
  • 0092 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: were, also, Greek crosses on the picture. It was conceded by theState that these dotted lines and crosses were no part of norrepresented any part of the building, but were put in the picturefor the purpose of illustrating the theory of the State, as show-ing where the body was found and where it was carried.The admission of the picture in evidence, with the lines andcrosses thereon, was, when offered, objected to because, asmovant contends, it was argumentative, representing andillustrating the State's view of the case by means of red linesand crosses, which
  • 0093 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: 8. Because the Court refused to permit the witness Black totestify on cross examination that when he found a bloody shirt inthe bottom of a barrel in Newt Lee's house, that he carried theshirt to the station house showed it to Lee, and, when Leewas asked by the witness if the shirt was his, the solicitorobjected that the witness should not be allowed to answer thequestion: "Did he (Lee) say that the shirt was his?"The Court would not permit the witness to give Lee's answerthat the shirt was his.This answer of Lee's
  • 0094 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: (up to her waist) and Mr. Frank was down on his knees, and shehad her hands on Mr. Frank and I found them in that position."Q. "When you came into the office before Thanksgiving day, now,when the lady was sitting in the chair?"A. Yes, sir; he saw me when he came out of the office, he saw me."Q. What was said when they saw you?"A. "When Mr. Frank came out of the office Mr. Frank was holler-ing 'Yes, that is right, that is right' and he said, 'That is allright, it will
  • 0095 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: tion with women than he had not seen any other man in that haschildren; that he had seen Frank in the office of the Pencil Co.,about two or three times before Thanksgiving, and a lady was inthe office and she was sitting down in a chair and she had herclothes up about her privates, and Frank was down on his knee,and she had her hands on Frank; that Frank saw Conley when he cameout of the office, that when Frank came out of the office he washollering "Yes, sir, that is right,
  • 0096 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: open the door. When the first question was asked by the solicitorseeking to elicit whether witness had ever seen Frank up therein his office doing anything with young ladies before April 26,1913, the defendant objected on the ground that the evidencesought was irrelevant and immaterial. The Court ruled that theevidence would be immaterial, but further questions were askedby the solicitor and elicited the evidence here complained of.While Conley was still on the stand, and after cross examina-tion a day and a half on other subjects, defendant's counselmoved to rule out, exclude and
  • 0097 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: 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 28th of April, 1913?A. Well, I couldn't exactly tell you; it has been several times I watched for him.Q. Who was there when you were watching the door? A. 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
  • 0098 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: was in the office, and she was sitting down in a chair, and she had her clothes up to here (indicating), and Mr. Frank was down on his knees, and she had her hand on Mr. Frank, and I found them in that position.Q. Well did you ever see him on any other occasion? A. Yes, I have seen him another time there.Q. What other occasion? A. I have seen Mr. Frank in the packing room one time with a young lady laying on the table.Q. How far was the woman on
  • 0099 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: CROSS EXAMINATION.Q. Now, you said you watched for Mr. Frank? A. Yes, sir.Q. When was the first time you ever watched for Mr. Frank?A. The first time I ever watched for Mr. Frank alone andknew he was in the office------Q. When was the first time you ever watched for Mr. Frank aloneor with somebody else? Don't make any difference. A. I couldn'texactly give you the------Q. Tell us the best you can? A. Some time during last summer,when I was watching for him.Q. That was the first time, now? A. Yes, sir.Q. Whereabouts
  • 0100 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: there when he called me and talked to me about the work.Q. And that was on Saturday A. Yes, sir, that was on a Saturday.Q. About what time, now A. I don't know, somewhere about threeo'clock, though.Q. Sometime about three o'clock A. Yes, sir.Q. What was your Saturday hours, Jim A. I always generallyhave to work from the time I get back there until half pastfour that evening.Q. What time would you usually get back there A. I would leaveaway from there about half past two, ring out the clock, andcome back
  • 0101 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. How come you to know she lived there? A. Because I passed herhouse every morning.Q. And the man was named Dalton? A. Yes, sir.Q. Who was with Mr. Frank? A. The lady that was with Mr. Frankwas Miss Daisy Hopkins.Q. Where did she live? A. I don't know, sir, where Miss DaisyHopkins lived.Q. Where did she work? A. She worked up on the fourth floor.Q. Do you know where she is now? A. No sir.Q. Now, what time of day was that? A. It would always be some-where about three or
  • 0102 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. Was there a woman in there with him? A. Yes, sir; alady was in there with him.Q. Called you in the presence of the lady? A. Yes, sir.Q. Talked to you in the presence of the lady? A. Yes, sir.Q. He talked to me in the lady's presence.Q. And that was Miss Daisy Hopkins? A. Yes, sir.Q. And that was about three o'clock? A. Or half past three.Q. In July last? A. Yes, sir.Q. What did Mr. Frank say to you in that lady's presence? That'sthe time (first) time he ever
  • 0103 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. When this young lady went off and came back and broughtDalton back, where did you see her again? A. I saw her and Mr.Dalton when the come in at the door.Q. You were watching them? A. Yes, sir.Q. Then where did they go? A. Upstairs to Mr. Frank's office.Q. Did you see them go to Mr. Frank's office? A. I heard themwalking in Mr. Frank's office.Q. Then how long did they stay in Mr. Frank's office? A. Theydidn't stay in there long, ten or fifteen minutes I reckon.Q. Then where did
  • 0104 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: elevator? A. No, sir; there isn't a door back of the elevator; there's a big wooden door, just a step there.Q. I know, but it goes back in the back there. A. Yes, sir.Q. Then you opened that door? A. Yes, sir.Q. Then came back and opened that trap door? A. I came and pulled up the trap door.Q. And then they went down there? A. Yes, sir.Q. She said "All right, James"? A. Yes, sir.Q. Then you went and opened that door? A. Yes, sir.Q. She didn't tell you to open
  • 0105 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: I couldn't give you what time they came back up.Q. It was after 3:30 when this window raising started? A. Yes, sirIt was after 3:30 when this window raising started.Q. He told you to go down, they came up after a while?A. Yes, sir, they came up after a while.Q. Came up the same way they went down? A. Yes, sir.Q. Up through the same door? A. Yes, sir.Q. You kept that door locked all the time? A. No, sir, I didn'tkeep it locked, I just kept it shut and stayed there
  • 0106 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: say: "That's all right", and then left.Q. Then he came out behind you and left? A. Yes, sir.Q. Now, that's the first time? A. Yes, sir.Q. Now, when was the next Saturday? A. The next Saturday was mighty near the same thing.Q. Well, what was the next Saturday; I didn't ask you whether it was the same thing or not? A. That was about two weeks after that.Q. Was that in August or in July? A. Well, it was about the last of July or the first of August.Q. Well, do you
  • 0107 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q Where did he tell you that? A. In the box roomQ. Anybody else present? A. No, sir, not as I knows of.Q. What were you doing in there? A. What was I doing in there, I was looking after the boxes.Q. What did he tell you then? A. He told me, "Now you know what you done for me last Saturday" -Q. He told you: "You know what you done for me last Saturday"?A. The other Saturday, I says: "Yes, sir, I remember". He says: "I want to-put you wise to
  • 0108 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. Where were you at? A. I was standing there by the clock.Q. He popped his hand? A. No, sir, he popped his finger.Q. He popped his finger and bowed to you? A. Yes, sir.Q. Then you went down? A. Yes, sir, then I went down.Q. And stood by the door? A. Yes, sir.Q. Didn't look it? A. No sir, I didn't look it; I shut it.Q. Then what next happened? A. I don't know, sir, what next happened.Q. Did you hear Mr. Frank come out of his office at all?A. No,
  • 0109 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: 50001110sat there at the door until he notified me to do that.Q. I'm talking about the time you went and got that man and came back? A. I was standing by the door, yes, sir.Q. Stood there from that on? A. No, sir, I didn't stand there from that on.Q. What did you do? A. I stood there about the trash barrel then.Q. On the first floor? A. Right there by the side.Q. And then you heard them going back? A. I heard them go to Mr. Frank's office, yes, sir.Q. When
  • 0110 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: watched for him and Mr. Dalton, too, before that Thanksgiving day.Q. Give us the best you can, of the next time? A. That was somewhere along in the winter time; I don't know, sir, the exact time.Q. Well, Thanksgiving time is winter time, ain't it Jim?A. Yes sir, but this is before Thanksgiving.Q. How many time before Thanksgiving? A. I watched for him there three times before Thanksgiving Day.Q. Well, you've given me two of these times? A. Yes, sir.Q. When was the the next one--about when? A. I don't know, sir;
  • 0111 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. About what time? A. I don't know, sir, I couldn't tell you exactly.Q. Where was you when he told you? A. Right at the elevator.Q. Was it before twelve o'clock? A. I don't know, sir, whether it was twelve o'clock or not.Q. After twelve? A. I don't know whether it was after twelve or not.Q. You don't know anything about that; you can't remember that? A. No sir.Q. Anybody standing around there then? A. There was Gordon Bailey standing there.Q. That's Snowball? A. Yes, sir.Q. Anybody else there? A. Not to
  • 0112 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: A. Yes sir, the three time he said: "I want to put you wise"Q. And that was the three times--say it the three times up tothat time? A. Well, yes sir, to my remembrance it was.Q. You don't know that then? A. No sir, I don't know that.Q. Well, you said that though. A. Yes, sir, I said it.Q. Did he say anything else to you but "I want to put you wise"at that time and place? A. Yes, sir, "I want to put you wiselike I been doing the other Saturdays
  • 0113 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. What kind of eyes did she have? A. I don't know, sir, I never paid no attention to hereyes.Q. What kind of hair? A. I don't know, sir, exactly-had hair like Mr. Hooper there got.Q. How do you know Mr. Hooper so well; you seem to know him pretty well, don't you Jim? A. No, sir, I don't know, sir, I have seen Mr. Hooper before.Q. He had a good deal to do with you down there? A. No sir, I seen him once when he come down to the cell
  • 0114 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Thanksgiving Day had on white shoes and stockings.Q. Now, the next day what did she have on? A. The next dayshe had on the same thing, black skirt and white waist.Q. She had on exactly the same thing? A. Yes sir.Q. And this other---There was a girl dressed in green all over?A. Yes, sir, there was a girl dressed in green all over, thislast one.Q. And you don't know who she is? A. No sir; she worked upthere on the fourth floor, but don't know her name.Q. You don't know whether she
  • 0115 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: sweeping up there ever since last January.Q. You saw that little girl every day, that went to meet Mr.Frank, didn't you? A. This last one?Q. Yes. A. I didn't see her every day but I seen her there.Q. Saw her many times and didn't ask who she was? A. No sir,I didn't ask who she was.Q. Don't know who she was? A. No sir, I don't know who she was.Q. Now, when she came in, did she see you when she came in?A. Yes sir, she seen me as she come in.Q.
  • 0116 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: what hour? I met Mr. Frank there that morning about eighto'clock.Q. Anybody else there? A. I didn't see anybody else there.Q. Where did you meet him then? A. At Mr. Frank rightat the door; I was sitting on the box when he come in.Q. That's when he mentioned it to you again? A. That's whenhe taken me on the inside and told me---Q. Tell me the words? A. After he went on the inside, he says:"How are you feeling?" I says: "I'm feeling all right, Mr.Frank". He says: "Come here" he says,
  • 0117 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. Now, you had, you say, seen her there a few nights before?A. Yes sir.Q. Sitting in Mr. Frank's office, was she? A. Yes sir.Q. What time? A. Somewhere between eight o'clock,Q. What did you have to do that? A. I had to stack some boxesup on the fourth floor.Q. Eighth floor? You had to stack some boxes? A. No sir, Isaid fourth floor.Q. That was about Thanksgiving Day? A. Yes sir.Q. Was it the same week of Thanksgiving you saw her up there?A. I don't know sir, whether it was the
  • 0118 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: into his office.Q. Where was he standing? A. Standing by the trash barrel, smoking a cigarette.Q. She went upstairs and went into Mr. Frank's office, and you heard her? A. I heard her going towards Mr. Frank's office.Q. You heard her go in there? A. I couldn't hear them go in; I heard her going towards it.Q. Didn't you say you heard those others go in? A. No sir, I said I heard them going towards the office.Q. You didn't say you saw them go in? A. No sir, I said I
  • 0119 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: that you stayed there? A. I reckon so; I don't know how longexactly it was.Q. Then the lady came down? A. No sir. Mr. Frank says: "I'llstamp after this lady comes, and you go and close the door and turnthat right latch"Q. That was the first time he ever told you about the night lock?A. Yes sir.Q. The other times, he told you just to close it?A. Yes sir.Q. But that time he told you to put the night lock on? A. Yes sir,and he says: "I'll stamp, and if everything is
  • 0120 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: and he says: "Yes", and she says: "Well, does he talk much", andhe says: "No, he's the best nigger I've ever seen."Q. She stopped there and looked at you? A. No sir.Q. Didn't you say she stopped and asked Mr. Frank: "Is thatthe nigger?" A. She asked Mr. Frank that.Q. She stopped and said to Mr. Frank: "Is that the nigger?"A. No sir, she didn't stop.Q. She just kept walking? A. Yes sir.Q. Neither stopped, neither one of them stopped?A. No sir, neither one of them stopped at all; she just said
  • 0121 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. Then went home? A. No sir, I went to Peters Street and stayed a good while.Q. Drank some more beer over there? A. No sir, I didn't drink no beer over there.Q. Didn't drink but one beer that day? A. I don't know, sir, how many I drank at that saloon on Forsyth and Hunter.Q. About what time did you leave the factory? A. I don't know, sir, it was a little before twelve o'clock, but I don't know what time.Q. So the girl didn't come out of the factory that
  • 0122 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: How long was that after Thanksgiving? A. That is somewhere afterChristmas, way after Christmas, when I watched for him.Q. That was in the dead of winter, then? A. Yes sir, in thedead of winter.Q. About when? A. About January, I reckon.Q. About the middle of January, or when? A. I don't know, middlefirst or last, I can't say--somewhere in January.Q. How do you know it was somewhere in January? A. Because itwas right after the first of the year.Q. Well, if it was right after the first of the year you know
  • 0123 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. You can't remember what he told you except he was going to have a man and two ladies after awhile? A. Said; "A man and two ladies will be there this evening" and I said I may can make some money off this man.Q. Said what? A. That I could get to make a piece of money off this man.Q. That was all he said to you about that? A. Yes sir.Q. Didn't tell you when they would come? A. Said be there this evening about the same time.Q. You didn't
  • 0124 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. Broad, open daylight? A. Yes sir.Q. What time did the man and the ladies come? A. Somewhere abouthalf past two or three o'clock.Q. About half past two or three o'clock, they came? A. Yes sir.Q. They come right in? A. No sir, they didn't come right in.The two ladies stayed back; the young man, he come in. He askedme was Mr. Frank in the office; he says: "Mr. Frank put you wise?I says: "Mr. Frank put me wise, how?" He says: "Didn't he tellyou to watch the door, two ladies and
  • 0125 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. Give me a description of those young ladies?A. Well, I disremember what the ladies did have on.Q. Can't you remember what either one of them had on?A. No sir, I can't remember what either of them had on; I didn't pay much attention.Q. Can't described either one of those women at all, can you?A. No sir.Q. What sort of looking man was he? A. He was tall, slim built, heavy man.Q. Ever see him before? A. I have seen him there talking to Mr. Holloway.Q. Did he work there? A. No
  • 0126 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. Well, I am talking about January. Is that the last time you watched for him until this time? A. Yes sir, I think it was----if I am not mistaken.Q. Well you ain't mistaken about it, are you Jim? A. I don't know sir, I couldn't tell you about that.Q. You have no recollection of any other time? A. No sir, no recollection of any other time.Q. You have got no recollection, you can't remember it, if you did? A. Well, I don't know sir-----Q. Now let us take that time about
  • 0127 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. You mean you watched for him one Saturday and then the secondSaturday you watched for him again? A. Then on the second Saturdayafter that, I watched for him.Q. You missed a Saturday? A. Yes sir.Q. And then you watched the next Saturday? A. Yes sir.Q. That is what you say about it now? A. Yes sir, that is what Isay now and what I said before.Q. Now the Saturday after you watched for him the second time,what did you do? A. I don't know sir, I disremember what I did.Q. You
  • 0128 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: best recollection? A. Yes sir.Q. Of course, you don't know except from you best recollection.Then you didn't watch for him until Thanksgiving Day?A. Until Thanksgiving Day.Q. What did you do the Saturday before Thanksgiving Day? A. Idon't remember what I did.Q. What did you do the Saturday after Thanksgiving Day?A. I don't know what I did.Q. And the next Saturday? A. Well, the next Saturday, I couldtell you what I did that Saturday.Q. And the next Saturday? A. Well, I don't know, sir, what Idid the next Saturday.Q. And the next? A.
  • 0129 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: A. Yes sir, after Thanksgiving Day.Q. About the last of September? A. After Thanksgiving Day,yes sir.Q. About the last of September? A. After Thanksgiving Day, yessir.Q. Now Jim, you don't remember any of these dates?A. No sir, I don't remember any of these dates. I can't tellabout them.Q. Let us see how much money, you drew that Saturday that you watchedfor him? how much money did you draw that day?A. I don't know, sir.Q. What time did you draw it? A. I don't know, sir, what time Idrew it.Q. Did you draw
  • 0130 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. How much did you draw? A. I don't know, sir.Q. Now, that third time, on the day before Thanksgiving, thatis, three times before Thanksgiving, according to your recol-lection? A. Yes sir.Q. Now did you draw your money that week? A. Before ThanksgivingI couldn't tell you about that.Q. You don't know whether you drew your pay or whether somebodydrew it for you? A. No sir.Q. Or how much you drew? A. No sir.Q. You don't remember that, do you? A. No sir.Q. When did you draw your pay, before or after Thanksgiving,that
  • 0131 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. When did you leave that day? A. I don't know, sirQ. Who did you see at the factory that day, that you remember?A. Well, I saw, I reckon, most everybody there.Q. Well, who do you remember seeing there? A. I remember seeingMr. Frank.Q. Do you remember seeing Mr. Frank? A. Yes sir.Q. The day before Thanksgiving? A. Yes sir.Q. Did you see him the day after Thanksgiving?A. Yes sir, I saw him the day after Thanksgiving.Q. You remember those two facts well? A. Yes sir, I rememberthose two.Q. You saw Mr.
  • 0132 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. Well, you know that was $1.50? A. No sir, I said it was $1.25.Q. Well, outside of the factory, do you remember what you gotfor your services? A. Outside of the factory, I remember onceI got a half a dollar, then, again, I remember getting half adollar.Q. That is when you were watching for him, you say?A. Yes sir.Q. And you got how much on Thanksgiving Day? A. I got $1.25.Q. The day before that? The day just before that, I don'tremember just how much I got from him that day.Q.
  • 0133 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Thanksgiving morning? A. I didn't see him Thanksgiving morning,but I saw him the day before Thanksgiving.Q. That is the time when you heard him talk talking in thepresence of Snowball? A. Yes sir.Q. He didn't hesitate to talk for Snowball? A. No sir.Q. He talked before Snowball just like he did before you?A. Yes sir.Q. The first time he did that was Thanksgiving Day, that he talkedbefore Snowball? A. Not Thanksgiving Day, no sir.Q. The day before Thanksgiving? A. Yes sir, the day before.Q. When was that when you and him and
  • 0134 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. How long had Snowball worked at the factory? A. I don't knowsir ____Q. Now, that time when you watched in January, was Snowballthere that day--I believe you said it was in January?A. Yes sir, I said I watched one time in January.Q. Well, was Snowball there? A. I don't know whether he was ornot.Q. Now, the only time you ever heard Mr. Frank say anything infront of Snowball was that time you have just mentioned?Thanksgiving is that what you said? A. Yes sir.Q. You heard him say something before Snowball then?A.
  • 0135 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: you watched for him? A. I couldn't give you the date. I couldn't tell you the date about it at all______Q. How long was that before the day you watched for him?A. I don't know, just directly after Mr. Frank had come there.Q. That was after he had that talk with you that you are talking about? A. After he had what talk with me?Q. The one that he had with you in the elevator?A. Yes sir, that was after that time.Q. The first time you ever saw him have any talk
  • 0136 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. When did Miss Daisy Hopkins work there? A. Oh, she worked in 1912.Q. 1912? A. Yes sir.Q. You are certain of that? A. Yes sir, I am certain she worked there in 1912.Q. What floor did she work on. A. She worked on the fourth floorQ. The fourth Floor? A. Yes sir.Q. And she worked there in 1912? A. Yes sir.Q. What time in 1912 did she quit there? A. I don't know what time.Q. About when, Jim? A. I don't know when she quit there.Q. What time of the year
  • 0137 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. You don't remember when she left? A. No sir, I don't remember that.Q. Was she married or a single lady? A. I don't know.Q. Now, describe Miss Daisy to us? A. Well, Miss Daisy, she was a low lady, kind of heavy, and she was pretty, low, chunky, kind of heavy weight, and she was pretty.Q. Can't you give a better description of her than that? A. No sir, that is the best I can give of her.Q. What sort of color hair did she have? A. Well, I don't remember
  • 0138 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. You say she was a white lady? A. Yes sir, and she was low and ohunky.Q. How old was she? A. I don't know how old she was.Q. How old did she look to be? A. She looked to be like about 23 years old.Q. About 23 years old? A. Yes sir.Q. Was she working there when you went there or not?A. I don't know.Q. You don't know? A. No sir.Q. The only time you can remember was that she worked from June, 1912, until Christmas, 1912? A. Yes sir, about
  • 0139 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. You don't remember the date now? A. No sir.Q. You don't remember his name? A. I know his name was Dalton.Q. What else besides Dalton? A. No sir, I don't know his first name.Q. You don't know where he lived? A. No sir.Q. Or where he works? A. No sir.Q. Describe Mr. Dalton to me? A. Do what?Q. Tell me what kind of a looking man Mr. Dalton was?A. He was a slim looking man, and tall with it.Q. A slim looking man, and tall with it? A. Yes sir.Q. And
  • 0140 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. Then he was about the size of Mr. Arnold, Mr. Dalton was? A.Yes sir, just about that size.Q. How old a man did Mr. Dalton look to be? A. He looked to be aman somewhere about 35 years old.Q. About 35 years old? A. Yes sir.Q. You don't know where he lived? A. No sir.Q. You don't know anything about that? A. No sir. I don'tknow where he lived at.Q. How many times did you ever see him? A. I don't know aboutthat.Q. Did you see him around the factory? A.
  • 0141 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. What date was that, about when? A. I don't know, it was on aSaturday, I disremember the time.Q. That is the time you have already told about. You havedone told about that? A. Yes sir, I have done told about it.Q. This morning? A. Yes sir.Q. What month was that? A. I don't know, somewhere about thelast of August, I reckon.Q. About the last of August, you reckon? A. Yes sir.Q. When did you see him again? A. I didn't see him no more, Idon't reckon, until along up to about
  • 0142 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: seen Mr. Dalton now in about a month or more.Q. Where did you see him the last time? A. The detectivesbrought him down there to the station house, and said had Iever seen him about in there.Q. And you told them what you knew? A. Yes sir, I told them aboutwhat I knew.Q. And you haven't seen Mr. Dalton since then? A. No sir.Q. Now Jim, how was Mr. Dalton dressed the first time you eversaw him? A. Well, I disremember how he was dressed.Q. Can't you give us any help about
  • 0143 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. Did he have any whiskers? A. No sir, he didn't have any whiskers.Q. And you don't remember whether he ever had any mustache? A. No sir, I can't remember whether he had a mustache or not.Q. You wouldn't want to say about that? A. No sir, I wouldn't want to say about that, because I don't remember about that.Q. Now, take the first day you said you waited there for Mr. Frank. Did you see anybody, Mr. Darley, that day about the factory, or Mr. Holloway? A. The first Saturday?Q. Yes,
  • 0144 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. You don't think you saw him? A. No sir, I don't think I saw him.Q. He was sick? A. He was sick that Saturday.Q. He was sick on that Saturday? A. Two Saturdays in June.Q. He was sick one Saturday when you watched? A. Yes sir.Q. About what date was it; about what date was it, when you watched, when he was sick? A. It was somewhere about three o'clock I reckon.Q. What month was it that old man Holloway was sick when you watched? A. I don't know whether he
  • 0145 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. About what time? A. Well, it was somewhere about the last ofAugust.Q. Last of August? A. Yes sir.Q. Well, now, did you see anybody that day? Was Mr.Holloway sick that day, too? He was sick that day, too, wasn'the? A. No sir, he wasn't sick that day.Q. Did you see him. A. Yes sir, I saw him that day.Q. What time did he leave that day? A. I don't know; he leftabout two o'clock I reckon.Q. Don't reckon, please, Jim, tell us if you have any memoryabout it, say so, and
  • 0146 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. Yes that is right, Well now, that day Mr. Darley was there that day? A. Yes, sir I remember seeing him there that day.Q. Was Mr. Schiff there? A. Yes sir. Wolf was there that day.Q. What time did Mr. Darley leave? A. I don't know what time he left.Q. What time did Mr. Schiff leave? A. I don't know what time he left.Q. What time did Mr. Holloway leave? A. Mr. Holloway left away from there about half past two.Q. Do you remember that? A. Yes, sir, I can remember
  • 0147 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. The next time you watched was right after Christmas?A. No sir, the next time I watched was Thanksgiving Day, then--Q. You said awhile ago September was after Thanksgiving?A. Yes sir, after Thanksgiving day.Q. All right. Well, now Thanksgiving Day, the day you have told about in January, who did you see there in January, I mean who of the force? A. I disremember now who I did see in January when I was there that morning.Q. You disremember? A. Yes sir, I disremember.Q. Can you remember anybody you saw there? A.
  • 0148 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. You can't remember whether he was there or not?A. No sir.Q. You wouldn't swear that he was not there? A. I will swearI didn't see him; I will swear he wasn't in the office withMr. Frank.Q. You swear to that? A. Yes sir.Q. Will you swear he wasn't there that day? A. I will swearMr. Irby was working in the office.Q. Thanksgiving-Day? A. No sir, he wasn't working in theoffice on Thanksgiving.Q. The next time, was there any ladies working on the fourthfloor? A. I don't remember.Q. You don't remember whether
  • 0149 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. didn't you say he always gave you that signal? A. No sir,I didn't say he always gave me that signal.Q. Gave it to you Thanksgiving? A. Yes sir.Q. And repeated it to you that day again, the 26th? A. Yes sir.The witness Conley was examined by the solicitor, who broughtout the direct questions and answers supra, and was then cross-questioned by the defendant, when counsel brought out thecross-questions-and-answers supra.Thereafter, and while the witness Conley was still on thestand, Defendant's counsel moved to rule out, exclude, andwithdraw from the jury each and
  • 0150 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: he had committed murder, but because he was accused of depravity and degeneracy.When the third of the direct questions here sought to be excluded was asked by the solicitor the defendant objected because the evidence sought would be immaterial. The Court sustained the objection but the solicitor continued with the balance of the direct questions and answers here objected to and the cross questions were thereafter asked and the answers given. The Court therefore erred in not excluding and withdrawing all of said testimony.14. Because the Court erred in not ruling out,
  • 0151 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Mr. Dalton---The lady that was there was a tall built lady, heavy weight, she was nice looking, had on a blue looking dress with white dots in it, had on a greyish looking coat with kind of tails to it, white slippers and white stockings.Cross Examination------The first time I watched for Mr. Frank was sometime during last summer, about in July. I would be there sweeping and Mr. Frank come out and called me in the office. That was on a Saturday, about three o'clock. As to what Mr. Dalton would do,
  • 0152 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: what you done for me last Saturday. I want to put you wise, thisSaturday". I says: "All right, what time". He says: "Oh, abouthalf past". He got back from lunch about a quarter past two,then Mr. Holloway left, and then Miss Daisy Hopkins came into hisoffice. Mr. Frank came out, popped his fingers and bowed to me-bowed his head to me, and then went back in the office. Then, Iwent down and stood by the door. I didn't look it; I shut it.I don't know what happened next! I didn't hear him
  • 0153 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: came out and stamped right above the trash barrel. I was downstaire about the trash barrel. He told me he was going tostamp two times; then he stamped, and I opened the door, andthen I came back and sat on the box about an hour and a half.Mr. Frank says: "I'll stamp after this lady comes, and you goand shut the door and turn that night latch" That's the firsttime he told me to lock the door, and he says: "If everything isall right, you take and kick against the door". And
  • 0154 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: room when he told me to watch for him that time. I don't knowif he knew Snowball was there or not. The day before Thanksgivingwhen he talked to Snowball, we were on-the elevator. Snowballcould have heard anything that was said. Mr. Frank saw Snowballstanding there-----Miss Daisey Hopkins, worked at the factory fromJune 1912 until Christmas. I worked on the same floor with her.I am sure she worked there from June until about Christmas. Shewas a low lady, kind of heavy, she was pretty, chunky, kind ofheavy weight. I remember that she was
  • 0155 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: I think some ladies were working up on thefourth floor. I don't know about the third time, and I don'tknow whether anybody was working there Thanksgiving afternoonor not, I didn't see Mr. Schiff at all that day. I will swearhe wasn't in Mr. Frank's office that day. I don't rememberwhether any ladies worked there the other times I was watch-ing, or not......I don't know whether I told them (detectives)about watching for Frank at that time - I haven't got anyopinion about it, I haven't got any recollection. He told meabout stamping and
  • 0156 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: The Court ruled that such evidence would be immaterial, butafter this ruling the solicitor brought out the direct testi-mony and excluded. After the direct testimony supra had been brought outand excluded. After the direct testimony supra had been brought outthe cross testimony supra, here sought to be withdrawn was alsobrought out in an effort to modify or explain the directevidence. Under the circumstances the Court ought to havegranted the motion to exclude and withdraw all such evidenceand for failing to do so committed error.Movant assigns as error the action of the Court
  • 0157 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image:---17. Because the Court permitted, over the objection of defendant's counsel made when the same was offered, that the same was irrelevant and immaterial, the State, by Mangum, to testify that Conley and another party went down from the pencil factory to the jail, that he had a conversation with Mr. Frank about confronting Conley, Frank then being on the fourth floor of the jail; that Chief Beavers, Chief Lanford, and Mr. Scott, with Conley, came to the jail to see Frank, and they asked him if they could see him; that he
  • 0158 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: "I discovered, as I say, at that time, that our ideas about howquickly cabbage digested were rather erroneous, and as Iremarked a moment ago, I observed that the stomach freed itselfof a mixture of cabbage and bread just about as quickly as weonly gave bread alone; the amount of recovery on the part ofthe mucous membrane in the way of sufficient gastric juiceswas about the same practically or probably a little bit morerecovery with cabbage."It is the only way I can get at it, it is the only realknowledge I have on
  • 0159 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: certain that this girl either came to her death orpossiblythe blow on her head at any rate, a very short time, perhapsthree quarters of an hour or half an hour or forty minutes,or something like that, before death occurred. I then began anumber of experiments with some gentlemen who had normal stom-ache with a view of judging of the time." I had the mother of the girl to cook some cabbage and itwas given to people with absolutely normal stomachs; that Iknow from investigations of their stomachs." I will state in general
  • 0160 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: indicated in every instance,from 38 to 70 minutes in every single instance, the cabbagewas practically digested, practically altogether so.Over objections made as is above stated, the Court permittedthis testimony to go to the jury and in doing so committed prejudicial error. Experts can testify from the given state of anyscience, but cannot explain the process or results of particularexperiments made by themselves.20. Because the Court permitted the witness Harris to tes-tify as follows:"I wish to say that I made a microscopic examination of thosecontents of the stomachs, and while I found in
  • 0161 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: an average of something like anywhere from 50 to 60 or 70 cubiccentimeters, or, say from a half to a third of what was foundin this case, and it was plainly evident that none of this materi-al, had gone into the small intestine, because that wasexamined for it from the mouth out to the beginning of thelarge intestine, which is many feet away from it in the neigh-borhood of something like 25 feet away, and there was verylittle food found in the small intestine, none at all, as a factin the small
  • 0162 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: basement; that he saw Conley there when he went there; thatsometimes when he saw him in his office there would be ladiesthere, sometimes there would be two and sometimes one; hedid not know how often he saw Conley there, but sometimes he wou-ld give him a quarter, that he did that a half dozen or more timesthat he went to the factory about once a week for a half dozenweeks, that he saw Frank there in the evenings and in the daytimes, sometimes he would see cold drinks in the office,Coco Cola,
  • 0163 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. How many times?A. I don't know; three, or four, or five times.Q. Were you ever in the office of Leo M. Frank?A. Yes sir.Q. On what occasion?A. I have been there two or three times with Miss Daisey.Q. Where was Frank when you were there?A. He was in the office; I don't know whose office it was, but he was in the office.Q. Were you ever down in the basement?A. Yes sir.Q. What part of the basement did you visit? Can you tell me on that diagram (indicating).A. I have been
  • 0164 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. What else?A. Some beer, some times.A. Some beer?A. Yes sir.Q. Were those ladies doing any stenographic work up there?A. I never seed them doing any writing. I never stayed there long, but I never seed them doing any writing.Q. You never saw anything of that kind going on?A. No sir.The court permitted these questions and answers to be heard by the jury, over the objection of the defendant, aforesaid, and committed error, for the reasons aforesaid. His evidence was particularly prejudicial to the defendant, because the solicitor insisted in his argument
  • 0165 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: the motion of defendant's counsel to rule out the testimony ofthe witness Conley tending to show acts of perversion on thepart of the defendant and acts of immorality wholly discon-nected with and disassociated from this crime. (Such evidencebeing set out and described in grounds 13 and 14 of this motion)The Court declined to rule out said testimony, and immediatelyupon the statement of the Court that he would let such testimonyremain in evidence before the jury, there was instant, pro-nounced and continuous applause throughout the crowded courtroom wherein the trial was being had,
  • 0166 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: witness Harris was upon the stand, the crowd laughed jeeringlywhen Mr. Arnold, one of the defendant's counsel, objected toa comment of the solicitor, and that, too, in the presence ofthe jury.And again,during the trial, when Mr. Arnold, one of thedefendant's course, objected to a question asked, the followingcolloquy took place:" Mr. Arnold: I object to that you Honor; that is, enteringthe orders on that book merely; that is not the questions heis asking now at all.The Court: What is the question he is asking now?(Referring to questions asked by the Solicitor General).Mr.
  • 0167 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: The Court admitted these samples of partly digested cabbagetaken from the stomach of others, as aforesaid, and in doing so,committed error for the reasons above stated, and for the further reason that there was no evidence, as the defendant's counselcontend, that the same circumstances and conditions surroundedthese other parties in the eating and digestion of the cabbageas surrounded Mary Phagan in the eating and digestion on herpart and no evidence that the stomachs of these other partieswere in the same condition as was Mary Phagan's.26. Because the Court, in permitting the witness,
  • 0168 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: above stated. This was prejudicial to the defendant, because itwas contended by the State that this witness, Harry Scott, whowas one of the Pinkerton detectives, and had been employed toferret out the crime, by Frank acting for the National PencilCompany, had not promptly informed the officials about the factof Mrs White's seeing this negro and that such failure was evidencepointing to the guilt of Frank.This witness was one of the investigators for the PinkertonDetective Agency, who was employed by Frank acting for theNational Pencil Company to ferret out this crime.28. Because the
  • 0169 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: crime he accompanied Mary Phagan from a point on Bellwood Ave.,to the center of the City of Atlanta, by showing that on April27th at the house of Epps, he asked George, together with hissister, when was the last time they saw Mary Phagan. In reply,the sister of Epps said she had seen Mary on the previousThursday, but the witness Epps said nothing about having come totown with Mary Phagan the day of the murder but did say he hadridden to town with her in the mornings of other days occasionallyUpon cross examination,
  • 0170 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: it was wholly immaterial as to what his custom previous to thattime had been.31. Because, during the trial the following colloquy took placebetween the solicitor and the witness Schiff:-Q. Isn't the dressing room back behind these doors?A. Yes, it is back behind these doors.Q. That is the fastening of that door, isn't it?A. Yes.Q. And isn't the dressing room back there then?A. That isn't the way it is situated.Q. It isn't the way it is situated?A. It is not, no, sir.Q. Why, Mr. Schiff, if this is the door right here and---A.
  • 0171 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: 32. Because the Court erred in declining to allow the witnessMiss Hall to testify that on the morning of April 36th, andbefore the murder was committed, Mr. Frank called her over thetelephone, asking her to come to the pencil factory to do stenographic work, stating at the time he called her that he had so muchwork to do that it would take him until six o'clock that day toget it done.The defendant contends that this testimony was part of theres gestae and ought to have been heard by the Court, and fail-ure
  • 0172 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: A. No sir.Q. With J. M. Gantt, the man who was bookkeeper and was turned off there?A. No sir, I never told him any such thing.Q. No such thing ever happened?A. No sir.Mr. Arnold: Before the examination progresses any further, I want to move to rule out the witness said there wasn't any truth in it, but I want to move to rule out the questions and answers in relation to what he said Frank proposed to do to him right now. I think it is grossly improper and grossly immaterial; the
  • 0173 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: everybody knows are incompetent.The Court: Well, I sustain your objection.Mr. Arnold: If the effort is made again, your Honor, I amgoing to move for a mistrial. No man can get a fair trial withsuch innuendoes and insinuations as these made against him.The Court: Have you any further questions, Mr. Dorsey?Mr. Dorsey: That is all I wanted to ask him. I will bringGantt in to impeach him.The Court: Well, I have ruled that all out.Mr. Dorsey: Well, we will let your Honor rule on Gantt too.The assertion by the solicitor that this witness
  • 0174 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: sation with Mrs. Freeman and Miss Hall; this testimony was stronglydisputed by the solicitor. Lemmie Quinn's statement that he wasin Frank's office just before going into the rear, that wasof the greatest moment to the defendant, because it strongly tend-ed to dispute the contention of the State that Mary Phagan was kill-ed between twelve and half past.The Court erred in ruling out and declining to hear this, forthe reasons above stated. The testimony was relevant, material,and part of the Res gestae and should have been sent to the jury.35. Because the Court
  • 0175 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: The Court, over the objections of the defendant, on the groundsstated, permitted this testimony to go to the jury and in doingso erred.This was prejudicial to the defendant because the solicitorinsisted that the finding of the envelope and stick were con-cealed from the authorities.37. Because the Court erred in permitting the witness Leech,a street car inspector, at the instance of the solicitor andover the objections of the defendant that same was irrelevant,immaterial, and incompetent, to testify that he had seen streetcar men come in ahead of their schedule time. That he hadseen
  • 0176 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: This was prejudicial to the defendant, because the crew on the English Ave., car upon which the little girl, Mary Phagan, came to town, testified that she got on their car at ten minutes to twelve. That under their schedule they should reach the corner of Broad and Marietta Street at 7-1/2 minutes past twelve. That they were on their schedule time on April 26th and did reach that place at 12-07 or 12-07-1/2. What other crews did at other times or even what this crew did on other occasions was wholly
  • 0177 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: "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 up there and of course Mr. Frank knew he was there. I knew and Mr. Frank knew he was there. Mr. Frank was at once side and I acted as spokesman. Mr. Frank would not see any of the city detectives. Frank gave as
  • 0178 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: absence of his own counsel, was evidence of guilt.46. (j). Because the court permitted Miss Mary Pirk to be askedthe following questions and to make the following answers oncross examination made by the Solicitor:Q. You never heard of a single thing immoral during that fiveyears--that's true? (Referring to the time she worked at thePencil Factory)A. Yes sir, that's true.Q. You never knew of his (Frank's) being guilty of a thing thatwas immoral during those five years--is that true?A. Yes sir.Q. You never heard a single soul during that time discuss it?A. No
  • 0179 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: ould acts of immorality with women be heard, even on crossexamination, as evidence of bad character, and reputation, uponFrank's trial for the murder of Mary Phagan.Lasciviousness is not one of the character traits involved in acase of murder and can not be heard in a murder trial, evenwhen the defendant has put his character in issue.41. Because the Court permitted the witness W. D. WcWorth totestify, at the request of the Solicitor General, over theobjection of the defendant made at the time the testimony wasoffered, that the same was immaterial." Mr. Pierce
  • 0180 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: defendant, made as above stated and in doing so committederror, for the reasons herein stated.This was prejudicial to the defendant, because the SolicitorGeneral, contended that his failure to sooner report the findingof the club and the envelope to the police were circumstances ag-ainst Frank. These detectives were not employed by Frank, but byFrank for the National Pencil Company, and movant contends thathe is not bound by what they did or failed to do.The Court should have so instructed the jury.43 (66) Because the Court permitted the witness Irene Jack-son, at the instance
  • 0181 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: A. I didn't time him; he just came and looked and turned andwalked out.Q. Came in the dressing room?A. Just came to the door.Q. Came into the door of the dressing room?A. Yes.Q. How was Miss Ermille Mayfield dressed at that time?A. She had off her top dress, and was holding her old dress inher hand to put it on.Q. Now, you reported that to the forelady there?A. I did not but Ermille did.Q. Now did you talk or not to anybody or hear of anybody ex-cept Miss Ermille Wayfield talking about
  • 0182 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. Now when was it that he run in there on Miss Ermile Mayfield?A. It was the middle of the week after we had started to work,I don't remember the time.Q. The middle of the week after you had started to work?A. Yes sir.Q. Was that the first time you ever heard of his going in thedressing room, or anybody?A. Yes.Q. That was the first time?A. Yes sir.Q. Then that was reported to this forelady?A. Yes sir.Q. Then when was the second time that you heard he went in there?A. He went
  • 0183 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: that room and stand and stare at them?A. Yes sir, I have heard something, but I don't rememberexactly.Q. You heard that, how often did you hear that talked?A. I don't remember.Q. You don't remember how often you heard them say he walkedin there and stood and stared at them?A. I don't remember.Q. You don't remember that; well now, you said about three timesthose things occurred, and you have given us two, MissWayfield and your sister, what was the other occasion?A. Miss Mamie Kitchens.Q. Miss Mamie Kitchens?A. Yes sir.Q. Mr. Frank walked in
  • 0184 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: A. No sir.Q. He didn't come in the room?A. He pushed the door open and stood in the door.Q. Stood in the door, what kind of dressing room was that?A. It was----just had a mirror in it, you mean to describe the inside?Q. Just describe it, was it all just one room?A. Yes sir, and there were a few lockers for the ladies.Q. A few lockers around the walls, a place where the girls changed their street dress and got into their working dress, and vice versa?A. Yes sir.Q. Now, what else
  • 0185 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: A. No sir.Q. Was that before or after he had been in the dressing room?A. I don't remember.Q. Well, he pushed the door open and stood in the door, did he?A. Stood in the door.Q. Looked in and smiled?A. Yes sir.Q. Didn't you say that?A. I don't remember now, he smiled or made some kind of a face which looked like a smile, like smiling at Ermile Mayfield.Q. At Ermile Mayfield, that day she was undressed?A. But he didn't speak, yes sir.Q. He didn't say a word, did he?A. No sir.Q. Did
  • 0186 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: of Mary Phagan was taken from the office floor to the cellar ofthe factory?Q. Now, Mr. Branch, take this exhibit and that picture, and takeup Conley now, and give every move he made?A. Am I to give you the time he arrived there? (Pencil Factory)Q. Yes, give the time he arrived.A. I will have to give that approximately; I was to be thereat 12 o'clock, and I was a few minutes late, and Conley hadn'tarrived there then, and we waited until they brought himthere, which was probably ten or fifteen minutes later,
  • 0187 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: A. No sir, I know the time I arrived there and the time Ileft the factory.Q. First, I want you to state what he said he did, and what hesaid Mr. Frank did, and then come to the time business?A. I don't quite understand what you told to do.Q. Just go ahead and tell what Conley said he said, and whatConley said Mr. Frank said, and show what Conley did the dayyou were over there, take it up right back here where the bodywas and go on with it, leaving out, however,
  • 0188 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: and carry it back, and he put the body on his shoulder and car-ried it back to this sawdust which is away back here, and thathe came on back and there was something else there which he saidhe threw on this trash pile, and Mr. Frank was up, he said, inthe cubby hole, he said, somewhere back there, and later helead us up there, and that Mr. Frank told him to run the elevatorup, so Conley and the officers and the rest of us who werewith him came up on the elevator,
  • 0189 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. What time was it when Conley got there?A. I should judge it was about a quarter past twelve, I didn't look at my watch.Q. A quarter past twelve, what time did you get there.A. I must have gotten there five minutes before he did.Q. Then what time did you leave?A. I left about one o'clock.Q. What time did he begin?A. They rushed him right up the steps and probably two or three minutes after he got up there, he began this enactment, and he went very rapidly, in fact, we sort
  • 0190 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q. How much after one?A. I do not know, probably five or ten minutes.Q. One-ten then, now, how much of the time during that time you were there did it take Conley to act what he acted, leaving out the conversation he had with the different men?A. That would be a difficult thing for me to estimate, while he was acting, he was acting very rapidly, he kept us on the run.Q. All right, now, leave out now the time that it took this man to answer the questions that were put
  • 0191 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: to go and illustrate that affidavit when he says now on thestand that much of it was a lie, and that it did not happen thatway at all; that this evidence was of another transaction, not binding on this defendant.45. Because the Court declined to allow Dr. David Vaxx togive testimony in behalf of the defendant as to the character ofthe Jewish organization known as B'Nai Brith. Defendant's counselstated at the time that Dr. Vaxx would testify that while the B'Nai Brith was an international Jewish charitable organization,its charity did not extend
  • 0192 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: A. No sir.Q. You say you have never heard of any act of immorality on the part of Mr. Frank prior to April 26, 1913?A. No sir, I did not.Q. You never talked with Herne Stanton or H. V. Baker, the conductor or motorman?Q. I will put it that way then: you never heard that the Saturday before little Mary Phagan met her death, Mr. Frank went out on the Hapeville car on which Herne Stanton and H. W. Baker were in charge, and that he had his arm around the little
  • 0193 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: 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 herwork when Mr. Frank stopped to talk to her. Mary told him thatshe had to go to work. Mr. Frank was talking about he was theSuperintendent of the pencil factory. He told her that hewas the Superintendent of the pencil factory and that hewanted to speak to her and she told him she had to go to workand I never did hear any more replies from
  • 0194 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: "The President ( of the Board Dr. Westmoreland) then addressedthe Board at length on his reasons for thinking that the Sec-retary should be requested to resign, the subjects dealt withbeing too numerous and too lengthy to be included here in theirentirety. After the President's address, the Board adjournedand reassembled again at four O'clock in the afternoon, at whichtime Dr. Harris' side of the controversy was heard."" The Secretary not having been present at what transpiredfollowing this was not in a position to take note as to theproceeding, but was informed by the
  • 0195 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: tion, which had been unanimously adopted by the Board on motion of Dr. Harbin, seconded by Dr. Brown--the resolution having been drawn by a committee appointed by the Board, consisting of Drs. Benedict, Taylor and Doughty.-" That the committee appointed to frame a resolution expressing the opinion of the Board with regard to the charges preferred against the Secretary by the President of the Board in a report to the Governor, and upon which they are called upon to act, beg to report as follows:" Resolved; That the members of the Board
  • 0196 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: President of the State Board of Health and Dr. Harris who hadbeen and was its Secretary. This row between the doctors statedis utterly immaterial and irrelevant and was harmful to thedefendant because it tended to discredit the testimony of Dr.Westmoreland who resigned from the Board and to sustain the testi-mony of Dr. Harris who remained as Secretary of the Board after Dr.Westmoreland's resignation.- 49. Because the court permitted the witness E. H. Pickettto testify over the objection made when the testimony was offeredthat it was wholly and entirely irrelevant, immaterial incom-petent, illegal
  • 0197 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: " I am a motorman for the Georgia Railway and Power Company,running on April 26, 1913, on Marietta to Stock Yards andDecatur street car. The Cooper and English ave., run is on thesame route from Broad and Marietta Street to Jones Ave., Prior toApril 26, 1913, the English Ave. car run by Waches and Hollis onit did run to Broad and Marietta streets ahead of time, howmuch ahead I cannot say positively. About April 28th and subse-quent thereto Waches and Hollis, in charge of the English Av-car, about twelve o'clock when they
  • 0198 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: the hour and the Cooper Street car is due seven minutes afterthe hour. In order for the English Ave. car to cut off theWhite City car, the Cooper Street car would have to be ahead oftime, that is the English Avenue car would have to be ahead oftime. If the White City car was on time at 12:05, the EnglishAve. car would have to get there before that time to cut itoff. That happens quite often. I do know that the car thatMathis and Hollis were running did come into town ahead
  • 0199 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Fair Street car, which is due at 12:05 at the junction of Marietta and Broad Sts., the Fair street car would be on its schedule. I have compared my watch with Mathis' watch prior to April 26th. There was at times a difference of from 20 to 35 or 40 seconds. We are both supposed to carry the right time. When I compared my watch with Mathis' I suspect mine was correct, as I just had left it the day I looked at Mathis' watch, and mine was 20 seconds difference and
  • 0200 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: three weeks and the fact that the clocks were not keeping accuratetime three weeks before the trial was immaterial, and the evidencethereon tended to mislead and confuse the jury. Gantt did notwork at the factory during the three weeks just prior to thecrime, and his testimony as to the clocks related to the time hedid work at the factory.54. Because the Court permitted the witness Scott to testifyin behalf of his Agency, over the objection of the defendant,that the same was irrelevant, immaterial and incompetent, sub-stantially as follows:"I got hold of the
  • 0201 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Myrtle Cato, Mrs. C. D. Donegan, Mrs. H. R. Johnson, Miss MarieKaret, Miss Nellie Pettie, Miss Mary Davis, Mrs. Mary E.Place, Miss Carrie Smith and Miss Estelle Winkle to testifythat they were acquainted with the general character of LeoM. Frank prior to April 26, 1913, with reference to lasciviousnessand his relations to women and girls and that it was bad.The Court admitted this evidence over the objections abovestated, and in doing so erred for the reason herein stated.In determining general character in cases of murder, lascivious-ness or misconduct with women is not
  • 0202 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: " I know Miss Rebecca Carson, I have seen her go twice into theprivate ladies dressing room with Leo M. Frank."The Court permitted this testimony over the objection of thedefendant made as is aforesaid and in doing so committed error.The Court stated that this evidence was admitted to dispute thewitness they had called.It was wholly immaterial to the issues involved in this casewhether Frank did or did not go into a private dressing roomwith Miss Carson. It did, however, prejudice the jury as indicat-ing Frank's immorality with reference to women.59. Because the
  • 0203 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Court before the jury had retired to consider of their verdict andbefore the Court began his charge to the jury.This request was a legal and pertinent one, particularlyadjusted to the facts of the case and should have been given, andthe Court in declining to give it committed error, although thegeneral principle involved might have been given in the originalcharge.51. Because the Court refused to give the following pertinentlegal charge in the language requested:"If the jury believe from the evidence that the theory orhypothesis that James Conley may have committed this crimeis just
  • 0204 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: this is sufficient to acquit him and it is not necessary that heshould go further in his proof and exclude every possible idea ofhis guilt. No such burden is upon the defendant.This request was submitted in writing and was handed to thecourt before the jury had retired to consider of their verdictand before the court began his charge to the jury.This request was a legal and pertinent one, particularly adjustedto the facts of the case and should have been given, and thecourt in declining to give it committed error, although the gen-eral
  • 0205 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: and I wish the stenographer to take it down, and we propose toprove every fact stated in the motion unless the Court willstate that he knows the facts and will take cognizance of themwithout proof.First, that counsel requested before this trial began thatthe court room he cleared of spectators.Second, when the Court declined to rule out the evidence asto the other alleged transactions with women, by Jim Conley,the audience in the court room, who occupied nearly every seat,showed applause by the clapping of hands and stamping of feetand shouting in the presence
  • 0206 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image:---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
  • 0207 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: they were about 100 feet from the court house, entering theCafe. That he heard the applause but did not hear the crowdhollo "Hurrah for Dorsey; he heard the holloing and cheeringand the 'jury could have heard what he did. That the applause heheard was outside of the Cafe, he did not hear the cheering fromthe inside of the Cafe. That he did not remember how many peoplecame up in front of the Cafe. No one came in the Cafe into theroom where the jury was, that is in the room in the
  • 0208 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: love for my friend to meet all the approbation that he may getfrom the public, I did think that it was an outrage, the cryingand shouting; that is what I thought. If the juror were whereMr. Deavours said they were, they could hear no trouble abouthearing it, if they had good ordinary hearing. On Friday Iwas in the court room when I heard most of the crying, I do notknow where the jury was then.Charles F. Huber, testified. I was in charge of the jury whenthey left the court room Friday afternoon.
  • 0209 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: facts, movant contends, olearly show that the defendant was nothaving a fair trial by reason of the great excitement of thecrowd. The court room was in an exceedingly small building, onthe ground floor, and was crowded during the trial, and defendant contends that this prejudice and animosity of thecrowd against him, as shown by the frequent applause, necessarilyreached the jury box and prevented him from having a fair trial.As permitted by the Court, in his order just aforesaid, weattach hereto in support of this motion for new trial the affida-vits hereto attached,
  • 0210 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: (Referring to questions asked by the Solicitor General).Mr. Arnold: He is asking how long it took to do all this work connected with it. (Referring to work done by Frank the day of the murder.)The Court: Well, he knows what he is asking him. (Referring to the Solicitor General.)Upon this suggestion of the court that the solicitor knew what he was doing, the spectators in the court room applauded by striking their hands together and by the striking of feet upon the floor, creating quite a demonstration Defendant's counsel complained of the
  • 0211 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Dorsey."(f). On the last day of the trial, Monday, August 25th, 1913a large crowd, including many women, had assembled in thecourt room before court opened, taking up every seat in thecourt room. The jury were in their room about 20 feet from thecourt room, and as Mr. Dorsey entered the room, the crowdapplauded loudly by clapping of hands and stamping of feet,which the jury perhaps could have heard. The court did nothingbut admonish the people that if the applause was repeated, hewould clear the court room.(g). On Monday the last day of
  • 0212 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: attending court was such as to inevitably affect the jury.The exhibits hereto attached marked J to AA inclusive are made a part of this ground.66. Because the fair and impartial trial guaranteed him by the constitution of this State was not accorded the defendant for the following reasons:The court room wherein this trial was had was situated at the corner of Hunter and Pryor streets. There are a number of windows on the Pryor street side looking out upon the street and furnishing easy access to any noises that would occur upon
  • 0213 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: poll of the jury, which was then in progress, and notfinished. Indeed, so great was the noise and confusion withoutthat the Court heard the responses of the jurors during thepolling with some difficulty. The court was about 15 feet fromthe jury. In the court room was the jury, lawyers, newspaper men,and officers of the court, and among them there was no disorder.The polling of the jury is an important part of the trial. Itis inconceivable that any juror, even if the verdict was not hisown, to announce that it was not, in
  • 0214 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: I don't remember how much she paid me, and the next week theypaid me $3.50 and the next week they paid me $6.50, and thenext week they paid me $4. and the next week they paid me $4.One week, I don't remember which one, Mrs. Selig gave me $5, butit wasn't for my work, and they didn't tell me what it was for,she just said "Here is $5, Minola."The Court permitted this part of the affidavit to be read tothe jury over the objections above stated, and in doing so erredfor the
  • 0215 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: in so doing, committed error, for which a new trial should begranted.70 (qqq) Because the Solicitor General, in his argument tothe jury, stated, as follows: "The conduct of counsel in thiscase, as I stated, in refusing to cross examine these twentyyoung ladies, refutes effectively and absolutely that he hada good character. As I said, if this man had had a good character,no power on earth could have kept him and his counsel from askingwhere those girls got their information, and why it was they saidthat this defendant was a man of bad
  • 0216 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: need not-in similar instances be repeated, but that the Courtwould assume that similar objections had been made and overruled.This argument of the Solicitor was not only illegal, but prej-udicial to the defendant, in that he, in substance, urged uponthe jury that a cross examination of female witnesses for theState, who testified to Frank's bad character for lasciviousness,would, upon cross examination, have testified as to specific actsof immorality against him.71. (rr). Because the Court permitted the Solicitor, over theobjection of defendant's counsel, to argue before the jurythat the wife of the defendant did
  • 0217 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: in arguing the relative value of the expert testimony delivered bthe physicians called for the State and defense, to intimatethat the defense, in calling its physicians had been influencedby the the fact that certain physicians called were the familyphysicians of some of the jurors. In discussing it, the solici-tor said: "It would not surprise me if these able, astutegentlemen, vigilant as they have shown themselves to be, didnot go out and get some doctors who have been the family phy-sicians, who are well known to some of the members of thisjury, for
  • 0218 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: 74. Because the juror Johenning was not a fair and impartialjuror, in that he had a fixed opinion that the defendant wasguilty prior to, and at, the time he was taken on the jury andwas not a fair and impartial and unbiased juror. Affidavits showingthat he was not a fair and impartial juror are hereto attached andmarked Exhibits E, F, G, and I, and made a part of this motionfor new trial.The opinion, conduct and state of mind of this juror priorto, and at the time of, his selection as a juror
  • 0219 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: solicitor, and the crowd laughed at him, and Mr. Arnold appealed to the court.On Saturday, prior to the rendition of the verdict on Monday, the Court was considering whether or not he should go on with the trial during Saturday evening, or what hour he should extend it in the evening, the excitement in and without the court room was so apparent as to cause apprehension in the mind of the Court as to whether he could safely continue the trial during Saturday afternoon; and, in making up his mind about the
  • 0220 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: When it was announced that the jury had agreed upon a verdictcrowds had thronged the court room to such an extent that the Courtfelt bound to clear the court room before receiving the verdict.This the Court did. But, when the verdict of the jury was rendered, a large crowd had thronged the outside of the court house;some one signaled to the outside what the verdict was, and the crowdon the outside raised mighty shouts of approval. So great was theshouting and applause on the outside that the Court had somedifficulty in hearing
  • 0221 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: such transaction, Mary Phagan met her death, then Conleywould be an accomplice of Frank, although he had no personal partin her killing.The Court, under proper instructions, ought to have left itto the jury to say whether Conley was or not an accomplice ofFrank; and, in failing to do, and because he failed to do so theCourt committed error.77. The Court erred in not charging the jury that if, underinstructions given them, they found that Conley was an accompliceof Frank, they could not convict Frank under the testimony ofConley alone; but that, to
  • 0222 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: she had them on a stool, I believe. She was dressed. I don'tremember how her dress was; I didn't look. I paid no attention tohim, only he just walked in and turned and walked out; looked atthe girls that were sitting in the window and walked out. Therewas something said about this, but I don't remember. I have heardsomething about him going in the room and staring at them, but Idon't remember exactly. Mr. Frank walked in the dressing room onMiss Mamie Kitchens. She and I were in there. I have heard
  • 0223 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: incidents at the Pencil Factory, wherein Conley, after having madethe third affidavit, purported to re-enact the occurrence of themurder between himself and Frank, wherein the body of Mary Phaganwas taken from the office floor to the cellar of the factory,the testimony permitted by the Court being substantially as follows:"I will have to give you the time of Conley's arrival at theFactory approximately. I was up there at twelve o'clock, and Iwas a few minutes late. Conley had not arrived there then. Wewaited until they brought him there, which was probably ten orfifteen
  • 0224 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: said he said he went back, and he did go back, led us back, and told about taking up the body, how he brought it up on his shoulder, and then, in front of a little kind of impression on the wall, he said he dropped it, and he indicated the place, and then he come up and told Mr. Frank about it—that he would have to come and help him or something like that—and that Mr. Frank came back and took the feet. I believe he said, and he took the
  • 0225 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: two desks (indicating); that Mr. Frank sat down in the chair at that desk, and he told him to sit at the other desk, and Mr. Frank told him to write some notes; he was asked by some of the officers to write what Mr. Frank told him to write, and he sat down there and wrote one note, and I believe---I know the note he wrote, and I don't know whether he wrote one or two and that Mr. Frank handed him some money and that later he took it back,
  • 0226 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: (a). This so-called experiment made with Conley was solely an endeavor on their part to justify his story;(b). The sayings and actings-of Conley, as aforesaid, not under oath, had and made without cross examination, and reported by the witness to the court, the net result of which is a repetition of Conley's statement, without the sanction of an oath.(c). That Conley went to the factory immediately after making his last affidavit, that that last affidavit is not the way he tells the story on the stand; that he tells it wholly differently
  • 0227 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: for lasciviousness; that is, his relations towards women?A. Yes sir.Q. Is it good or bad?A. Bad.The Court admitted the above question and answers, over objection of the defendant as above stated, and thereby erred, for the reasons stated.82. (ggg) Because the Court over objection of the defendant, made at the time the evidence was offered, that the same was immaterial, incompetent, illegal and prejudicial to the defendant permitted the Solicitor General to ask the following questions, and the witness, Mrs. H. P. Johnson, to make the following answers:Q. Now, are you acquainted
  • 0228 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: 84. (eeeo) Because the Court, over the objection of the defendant, made at the time the evidence was offered, that the same was immaterial, incompetent, illegal and prejudicial to the defendant, permitted the solicitor general to ask the following questions, and the witness, Miss Nellie Potts, to make the following answers:Q. Are you acquainted with his (Frank's) general character for lasciviousness; that is, with women prior to that time?A. Yes sir.Q. Is it good or bad? A. Bad.The Court admitted the above questions and answers, over objection of the defendant as above
  • 0229 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: The Court admitted the above questions and answers, over the objection of the defendant as above stated, and thereby erred, for the reasons stated.87 (hhhh). Because the Court over the objection of the defendant, made at the time the evidence was offered, that the same was immaterial, incompetent, illegal and prejudicial to the defendant, permitted the solicitor general to ask the following questions, and the witness, Miss Estelle Winkle, to make the following answers:Q. Are you acquainted with his (Frank's) general character for lasciviousness, that is, his relations with girls and women?A.
  • 0230 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: became material to determine what time this English Ave., carreached Broad Street on the day of the murder. The motorman Mat-thews and the conductor, swore that on that day the EnglishAve., car reached Broad Street at 12:07. The Court permittedthis and other like testimony to be introduced tending todiscredit their statements that the car was on schedule timethat day. In doing this the Court erred, for the fact thatthe English Ave., car was ahead of time as much as fourminutes on other days did not indicate that it was ahead of timeon
  • 0231 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: English Avenue car was ahead of time as much as four minutes, onother days did not indicate that it was ahead of time on theday of the murder.90. (kkkk). Because of the following colloquy which occurredduring the trial and while the witness, John Ashley Jones,was on the stand, during the cross examination of Jones by theSolicitor:Q. You never heard anybody down there say anything about Mr.Frank's practices and relations with the girls.A. Not in the Pencil Factory.Q. Not at all? You never did talk to any of these young girls,did you?A. No,
  • 0232 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Q: You never heard of that at all?A: I never heard that. I had been in Mr. Frank's---Q: You never talked to Tom Blackstock, then, did you?A: I haven't the pleasure of Mr. Blackstock's acquaintance.Q: Did you ever know Mrs. L. D.Coursey?A: I can't say that I ever heard of her.Q: Miss Myrtle Cato, you never heard of her, and that he wouldgo into the---A: Mr. Dorsey, I have been down thereQ: By the Court: He wants to know if you ever heard of thatbefore.Q: He made no apology and no explanation,
  • 0233 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: about Frank?A. No sir, I don't know her.Q. Did you ever hear C. D. Duncan, talk about Frank?A. No sir.Q. You never heard any of these factory people talk about him?A. No sir.The Court erred in permitting the Solicitor, although the witness denied hearing all of the remarks referred to, to say in the presence of the jury that he was not four-flushing, but that he was going to bring the witnesses there, thereby improperly saying to the jury that he had such witnesses and meant to bring them in.The Court erred
  • 0234 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: jury had the right to consider, and that is as to whether, even though they did not believe his plea of not guilty the truth, still if they had a reasonable doubt in their minds of his guilt they should acquit him.98. (qqqq) Movant further says that a new trial should be gr anted, because of the following:Mr. Dorsey, the solicitor general, in the concluding argument, made the following statement:"Now, gentlemen, ( addressing the jury) Mr. Arnold spoke to you about the Durant case. That case is a celebrated case; it was
  • 0235 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: - 000230 -" Mr. Dorsey: Mr. Arnold brought this in, and I telegraphedto San Francisco, and I want to read this telegram to the jury;can't I do it?""Mr. Arnold: If the Court please, I want to object to anyparticular letter or telegram, I can telegraph and get myinformation as well as he can. I don't know whether the infor-mation is true, I don't know who he telegraphed about it; I havegot a right to argue a matter that appears in the public printsand that's all I argued,-what appears in the papers,- it
  • 0236 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Mr. Arnold: Certainly he can, as a matter of public notoriety, but not as a matter of individual information or opinion"."The Court: You can state, Mr. Dorsey, to the jury, your information about the Durant case, to-wit, he did, but you can't read anything - don't introduce any evidence".Mr. Dorsey (resuming) "My information is that nobody has ever confessed the murder of Blanche Lamont and Minnie Williams. But, gentlemen of the jury, as I'll show you by reading this book, it was proved at the trial, and there can be no question
  • 0237 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: written, and that a new trial should be granted because theargument was illegal, unwarranted, not sustained by the evidence,and tended to inflame and unduly prejudice the jury's mind.Neither the letter from Piokett nor the telegram was read furtherthan is shown in the foregoing statement.93. Movant says that a new trial should be granted becauseof the following grounds:The Solicitor General having, in his concluding argument,made the various statements of fact about the Durant case, asshown in the preceding ground of this motion, the Judge erredin failing to charge the jury as follows, to-wit:The
  • 0238 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: he sued the Marquis for damages, which brought retaliation onthe part of the Marquis for criminal practices on the partof Wilde, this intellectual giant and when the Englishlanguage is read, the effrontery, the boldness, the coolness ofthis man, Oscar Wilde, as he stood the cross examination of theablest lawyers of England -- an effrontery that is characteristicof the man of his type, that examination will remain the subjectmatter of study for lawyers and for people who are interestedin the type of pervert like this man. Not even Oscar Wilde'swife, for he was
  • 0239 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: crimes, but a man of high intellect and wonderful endowmentswhich, if directed in the right line, bring honor and glory ifthose same faculties and talents are perverted and not controlled,as was the case with this man, they will carry him down. Look atVdue, the mayor of Charlottesville, a man of such reputationthat the people elevated him to the head of that municipality; butnotwithstanding that good reputation, he did not have rock bed cha-racter, and becoming tired of his wife, he shot her in thebath tub, and the jury of gallant and noble
  • 0240 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: killed his wife because of infatuation for another woman, and put her remains away where he thought as this man thought, that it would never be discovered but murder will out, and he was discovered, and he was tried, and he said at said to the glory of old England, he was executed."96. Voyant further says that a new trial should be granted, because of the following ground:The Solicitor General, in his concluding argument, spoke to the jury as follows:"But to crown it all, in this table which is now turned to
  • 0241 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: 91002241"Mr. Dorsey, I was arguing to the jury the evidence.""The Court: Did you make a statement to that effect?""Mr. Dorsey, I made a statement that those two young ladiessay they met Holloway as he left the factory at 11:05—I make thestatements that as soon as they track down to that Greekcafe, Quinn came in and said to them, 'I have just been in andseen Mr. Frank'.""Mr. Arnold: They never said that, they said they met Hollo-way at 11:45, they said at the Busy Bee cafe, but they met Quinnat 12:30""Mr. Dorsey, Well,
  • 0242 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: the solicitor general from making the erroneous statements offact objected to-by the defendant's counsel which the evidencedid not authorize, and in permitting him to proceed, and in notrebuking the Solicitor General, and in not stating to the jurythat there was no such evidence as the Solicitor General hadstated, in the case, and defendant says that for this improperargument, and for this failure of the Court, there should begranted a new trial.97. Movant further says that a new trial should be grantedbecause of the following:In his concluding argument Solicitor General Dorsey, referringto the
  • 0243 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Mr. Dorsey: You've had your speech"."Mr. Rosser: And we never had any such dirty speech as that either"."Mr. Dorsey: I object to his remark, Your Honor, I have a right to argue this case.""Mr. Rosser: I said that remark he made about Mr. Arnold, and Your Honor said it was correct; I'm not criticising his speech I don't care about that."Mr. Dorsey (resuming): "Frank said that his wife never went back there because she was afraid that the snapshooters would get her picture,-because she didn't want to go through the line of
  • 0244 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: I'm going to confront him, even before any attorney, nomatter who he is, returns from Tallulah Falls, and if not then,I tell you just as soon as that attorney does return, I'm goingto see that that negro is brought into his presence, and permit-ted to set forth his accusations. You make much here of thefact that you didn't know what this man Conley was going to saywhen he got on the stand. You could have known it, but you darednot do it."Whereupon the following colloquy ensued:"Mr. Rosser: May it please the Court,
  • 0245 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: "The Court: You can comment upon the fact that he refused to meet Frank or Frank refused to meet him, and at the time he did it, he was out of the City"."Mr. Arnold: We did object to that evidence, Your Honor, but Your Honor let that in"."The Court: I know, go on".Mr. Dorsey: (resuming): "They see the force of it"--"Mr. Rosser: Is that a fair comment, Your Honor, if I make a reasonable objection, to say that we see the force of it?""The Court: I don't think that, in reply to
  • 0246 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: the record, you have the right to do that".Mr. Dorsey (resuming): "This man Frank, with Anglo-Saxon bloodin his veins, a graduate of Cornell, the superintendent of thepencil factory, so anxious to ferret out this murder that he'phoned Schiff three times on Monday, April 28th, to employ thePinkerton Detective Agency, this man of Anglo-Saxon blood andintelligence, refused to meet this ignorant negro, Jim Conley.He refused upon the flimsy pretext that his counsel was out oftown but when his counsel returned, when he had the opportunityto know at least something of the accusations that
  • 0247 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: at it. Black says he didn't see him look at it", Whereupon the following occurred:" Mr. Rosser, He is misstating the evidence. Rogers neversaid he didn't look at the body, he said he was behind him,and didn't know whether he did or not, and Black says he didn'tknow whether he did or not."" Mr. Dorsey: Rogers said he never did look at that body"." Mr. Arnold: I think that isn't the evidence. Rogerssaid he didn't know, and couldn't answer whether he saw it or notand Black said the same thing".Mr. Dorsey (resuming)
  • 0248 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Mr. Dorsey: That's quibbling".Mr. Arnold: Is that correct, Your Honor?""The Court: No, that's not correct; whenever they object, Mr.Dorsey, if you don't agree upon the record, have it looked up,and if they are right and you know it, and - you are wrong, or ifthey are wrong and you also know it, if they are wrong theyare quibbling, and if they are right they are not quibbling. Now,just go on"."Mr. Rosser: Now, the question of whether Boots said hewent into that room is now easily settled", Mr. Rosser here readthat portion of
  • 0249 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image:---Solicitor General to proceed with his illegal argument which was not founded on the evidence, and erred and in not rebuking the Solicitor General, and in not stating to the jury that the Solicitor General had mis-stated the evidence in the particulars objected to, and erred in not telling the jury that there was no evidence in the case that Rogers had sworn that defendant did not look at the body of Mary Phagan or that Frank went in another room and because of the aforesaid errorous acting and failing to act, on
  • 0250 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: morning, and that isn't the evidence, there's not a line to thateffect.""The Court: Do you still insist that he had it in hispocket?""Mr. Dorsey: I don't care anything about that; the point ofthe proposition, the gist of the proposition, the force of theproposition is that old Holloway stated, way back yonder in May,when I interviewed him, that the key was always in Frank's office;this man told you that the power box and the elevator wasunlocked Sunday morning, and the elevator started without any-body going and getting the key.""Mr. Rosser: That's not the
  • 0251 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: and decisive ruling, upon the objection of the defendant, and inallowing the Solicitor General to proceed with said claim thatFrank had the key in his pocket, as a deduction, the same beingtotally unwarranted; and for said illegal and erroneous actionsand 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, becauseof the following:The Solicitor General, in his concluding argument, in referringto the testimony of the physicians introduced by the defendant,spoke as follows:"It wouldn't surprise
  • 0252 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: The Court: Well, I want to try it right, and I suppose you do.Is there anything to authorize that inference to be drawn?" Mr. Dorsey: Why, sure, why the fact that you went outand got general practitioners, that know nothing about the analysisof the stomach, know nothing about pathology.""The Court, Go on, then""Mr. Dorsey: I thought so."" Mr. Arnold: Does Your Honor hold that is proper, I thoughtso?""The Court: I hold that he can draw any inference legitimatelyfrom the testimony and argue it; I don't know whether or notthere is anything to
  • 0253 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: because of the following:The Solicitor General in his concluding argument, in referring to act of Judge Roan, discharging the witness, Conley, from custody, stated:"Judge Roan did it, no reflection on the Sheriff, but with the friends of this man Frank, pouring in there at all hours of the night, offering him sandwiches and whiskey and threatening his life, things that this Sheriff, who is as good as the Chief of Police but no better, couldn't guard against because of the physical structure of the jail, Jim Conley asked, and His Honor granted
  • 0254 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image:---"The Court: On motion of State's counsel, consented to by Conley's attorney, I passed the first order, that's my recollection Afterwards, it came up on motion of the Solicitor General, I vacated both orders, committing him to the jail and also the order, don't you understand, transferring him; that left it as though I had never made an order, that's the effect of it."Mr. Rosser: Then the effect was that there was no order out at all?""The Court: No order putting him anywhere" - "Mr. Rosser: Which had the effect of putting him
  • 0255 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: ommitted in the progress of any such attempt to commit sodomy,would be an accomplice; and the jury could not give creditto his testimony, unless corroborated by the facts and circumstances, or by another witness.Rouser and Braden,Herbert J. Haas,Reuben R. Arnold,Voyanta Attorneys
  • 0256 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT A.GEORGIA,DOUGHERTY COUNTY.The State of Georgia, (1) Indictment for Murder.Vs. (1) In Superior Court, Fulton CountyLeo M. Frank. (1) Georgia, Motion for New Trial.Before me personally appeared R. L. Gremmer, who being duly sworn deposes and says that he makes this affidavit to be used on the motion for new trial in the above case.Further deposing he says that he is a resident of Albany, Ga., that he is acquainted with Mack Farkas, who works with Mr. Sam Farkas, who operates a livery stable and sale barn in Albany.Further deposing, he says
  • 0257 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: GEORGIA,DOUGHERTY COUNTY.EXHIBIT B.STATE OF GEORGIA,(1) - Indictment For Murder.Vs.Leo M. Frank.(2) - In superior Court Fulton County(3) - Georgia, Motion for New trialBefore me, personally appeared Vack Farkas, who being duly sworn makes this affidavit, to be used on the motion for a new trial in the above case.Deposing, he says that he is a resident of Albany, Ga., and is connected with Sam Farkas, Esq., who runs a livery stable and sale barn in Albany; further deposing he said that between the time of the murder of Mary Phagan, and the
  • 0258 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT C.GEORGIA, FULTON COUNTY.State of Georgia, ( ) Fulton Superior Court.Vs.Leo M. Frank.Personally appears Julian A. Lehman, who being duly sworn makes this affidavit to be used on the motion for new trial in the above case.Further deposing he says that he is personally acquainted with A. H. Henslee, one of the jurors in the above case; that on June 2, 1913, between Atlanta, Ga., and Experiment, Ga., the said Henslee expressed his opinion that Frank was guilty of the murder of Mary Phagan, and that this was in deponent's presence and
  • 0259 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT D.STATE OF GEORGIA,COUNTY OF FULTON,State of Georgia, In Fulton Superior Court.Vs.Leo M. Frank.Before me, the undersigned officer authorized by law to administer oaths, personally appeared Samuel Aron, who being first duly sworn, deposes and says on oath as follows:Deponent says that just after the indictment of Leo M. Frank for murder, as near as he can recall about two days after the indictment, this deponent was at the Elks Club on Ellis Street, Atlanta, Georgia, that at that time he saw one A. H. Henslee, not then known to this deponent
  • 0260 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT E.STATE OF GEORGIA,COUNTY OF FULTON.State of Georgia,Fulton Superior Court.VS.Leo M. Frank.Before me personally appear L. Z. Rosser, Morris Brandon, R.R. Arnold and H. J. Haas, who, being duly sworn, deposes andsays that they are the sole counsel of defendant in the abovecase, and they make this affidavit to be used as evidence on themotion for new trial in said case.Further deposing they say that, since the trial of said caseand the verdict and sentence therein, it has come to theirknowledge that two of the jurors who sat on said case, to-witA.
  • 0261 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: obtaining the facts in connection with statements made by saidpersons, and all of them, and all of said statements have cometo their knowledge since the rendition of the verdict andsentence in said case, as is shown by the dates mentioned in thejurats to each affidavit, and deponents have brought same to theattention of the Court at the earliest possible moment atwhich the Court could take cognizance of said affidavits afterthe trial, which is the date on which the rule ni si is onreturn; that is, October 4, 1913, same being on that
  • 0262 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT F.GEORGIA, FULTON COUNTYState of Georgia,Vs.Fulton Superior Court.Leo M. Frank.Personally appeared Mrs. Jennie G. Loevenhart, who makes this affidavit to be used on motion for a new trial in the above stated case.Deposing on oath she says that she is personally acquainted with W. Johenning, one of the jurors who served in the trial of Leo M. Frank, for murder of Mary Phagan.Further deposing she says that during May 1913, said W. Johenning met deponent and deponent's daughter on Forsyth Street, Atlanta, Georgia, and then and there the said W. Johenning expressed
  • 0263 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT F.GEORGIA, FULTON COUNTYState of Georgia,Vs.Fulton Superior Court.Leo M. Frank.Personally appeared Mrs. Jennie G. Loewenhart, who makes this affidavit to be used on motion for a new trial in the above stated case.Deposing on oath she says that she is personally acquainted with M. Johenning, one of the jurors who served in the trial of Leo M. Frank, for murder of Mary Phagan.Further deposing she says that during May 1913, said M. Johenning met deponent and deponent's daughter on Forsyth Street Atlanta, Georgia, and then and there the said M. Johenning expressed
  • 0264 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT-G.GEORGIA, FULTON COUNTY.State of Georgia,Vs.Fulton Superior Court.Leo M. Frank,Before me personally appeared H. C. Loevenhart, who makes this affidavit to be used on motion for a new trial in the above stated case.Deposing on oath he says that for some eighteen months prior to July 1913 he was connected with the Hodgee Broom Works in the City of Atlanta; that he is personally acquainted with M. Johenning one of the jurors in the above stated case, and that during the month of May 1913 said M. Johenning had a conversation with this
  • 0265 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT H.GEORGIA, FULTON COUNTY.State of Georgia, Fulton Superior Court.Vs.Leo M. Frank.Before me personally appeared Miss Miriam Loevenhart,who makes this affidavit to be used on motion for a new trialin the above stated case.Deposing on oath she says that she is personally acquaintedwith M. Johenning, a juror, who sat on the above statedcase; she says that prior to the trial of Leo M. Frank, saidjuror, M. Johenning, had a conversation with this deponentand deponent's mother, and in their presence expressed hisprofound conviction that Leo M. Frank was certainly guilty ofthe murder of Mary
  • 0266 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT-I.State of Georgia,Vs.Leo M. Frank(1.) In Fulton Superior Court(2.) Conviction of Murder(3.) July Term, 1913.(4.) Motion for New Trial.GEORGIA, FULTON COUNTY.Personally came before the undersigned, Leo M. Frank, who upon oath says that he is the defendant in the above stated case, and that his sole counsel in said case were L. Z. Rosser, Morris Brandon, R. R. Arnold and H. J. Haas.Affiant further says that at and before said trial was entered on, and during the whole of said trial that affiant had no knowledge whatsoever as to M. Johenning and
  • 0267 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: said facts were discovered after the verdict and sentence of thecourt in the case above stated, and the affidavits of saidwitnesses were taken on the dates shown in the jurat to eachaffidavit, and the same are brought to the attention of thecourt by being presented on the day for the return of the rulenisi, which is October 4th, 1913, and which is the earliesttime at which such affidavits could be brought to the attentionof the court.Affiant further says that had he known at the trial of anyfacts or statements which would disqualify,
  • 0268 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: GEORGIA, FULTON COUNTY.EXHIBIT J.State of Georgia, ( ) No. ......Vs. ( ) Fulton Superior Court.Leo M. Frank, ( )Personally appeared W. P. Feill who makes this affidavit to be used on a motion for new trial in the above stated case.Deposing he says on oath that he was present in the court room during the trial of Leo M. Frank, for the murder of Mary Phagan, for two full days during the trial and from time to time on other days; that at the time of the facts hereinafter stated, deponent was
  • 0269 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: heard Plennie Minor repeat to him that he, Plennie Minor, saw him the man, speak to the juror.Deponent further says that on two occasions, while he was sitting in the court room at the trial, at on time while he was about six to ten feet from the jury, this deponent heard shouts and cheering on the outside of the house from the crowds collected outside. One of said times were during Dorsey's speech.While this deponent does not say whether or not the jury heard this cheering, he does say that he,
  • 0270 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT K.The State of Georgia, Fulton Superior Court.Vs. Leo M. Frank. GEORGIA, FULTON COUNTY.Personally appeared before the undersigned a Notary Public in and for said county, B. W. Kay, who on oath says that he is a resident of the City of Atlanta, living at #364 S. Pryor St. Deponent says further that on Saturday evening, August 23rd, 1913 about 8 or 8:30 o'clock P. M. he was driving on his father's automobile down South Pryor Street, going south, there being in the automobile with him his mother Mrs. Rose Kay, and
  • 0271 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT-L.The State of Georgia,Vs.Fulton Superior Court.Leo M. Frank.Georgia, Fulton County.Personally appeared before the undersigned a Notary Public in and for said county Miss Martha Kay, who on oath says that on the last day of the trial of Leo M. Frank, in above stated case, August 25th, 1913, she was present in the court room and when the audience applauded, Judge Roan stated to the sheriff that the cheering and demonstration would have to be stopped or the court room would have to be cleared, to which the sheriff replied "Your Honor,
  • 0272 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT W.The State of Georgia, Vs. Fulton Superior Court.Leo M. Frank.GEORGIA, FULTON COUNTY.Personally appeared before the undersigned a Notary Public in and for said county, Mrs. A. Shurman, who on oath says that on the last day of the trial of Leo M. Frank in above stated case, August 25th, 1913, she was present in the court room and when the audience applauded Judge Roan stated to the sheriff that the cheering and demonstrations would have to stop or the court room would have to be cleared, to which the sheriff replied
  • 0273 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT N.The State of Georgia,Vs.Leo M. Frank.Fulton Superior Court.GEORGIA, FULTON COUNTY.Personally appeared before the undersigned a Notary Public in and for said county Mrs. A. Shurman, who on oath says that she is a resident of the City of Atlanta, living at #240 Central Ave., Deponent says that on Monday morning, August 25th, 1913, the last day of the trial of the said Leo M. Frank in the above stated cause, she was present in the court room in company with Miss Martha Kay of #264 S. Pryor Street, before time for
  • 0274 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT O.The State of Georgia,Vs.Leo M. Frank.Fulton Superior Court.Georgia, Fulton County.Personally appeared before the undersigned a Notary Public in and for said county Miss Martha Kay, who on oath says that she is a Resident of the City of Atlanta, living at 264 S. Pryor street, Deponent says that on Monday morning August 28th 1913, the last day of the trial of the said Leo M. Frank, in the above stated case, she was present in the court room in company with Mrs. A. Shurman of 240 Central Ave., before time for
  • 0275 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT PThe State of Georgia,Vs.Fulton Superior Court.Leo M. Frank,State of Georgia,County of Fulton.Personally appeared before the undersigned a Notary Public in and for said county, Sampson Kay, who on oath says that he is a resident of the City of Atlanta, living at #264 South Pryor street, Deponent further says that on Saturday evening, August 23rd 1913, about 8 or 8:30 o'clock P. M. he saw the jury in the above entitled case walking along South Pryor Street with a deputy sheriff in front and another walking in the rear of said
  • 0276 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT Q.The State of Georgia,Vs.Fulton Superior Court.Leo M. Frank.State of Georgia, Fulton County.Personally appeared Samuel A. Boorstin, who, being duly sworn, on oath says: That on Friday evening, on the 22 day of August, 1913, at about 5 or 5:30 P. M., he was present at the Court room of Fulton Superior Court, Judge L. S. Roan, presiding during the trial of the State Versus Leo M. Frank; and after adjournment, and when the jury had been taken from the courtroom, and shortly thereafter, the Solicitor General Hugh M. Dorsey, had passed
  • 0277 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT R.State of Georgia, ( ) Superior Court of Fulton CountyVs. ( ) Charged with Murder.Leo Frank. ( )Georgia Fulton county.Personally appeared before the undersigned officer, W. B.Cate, who being duly sworn deposes and says: That on Sept.,let, 1913, in the afternoon, I was standing at the corner ofAlabama Street and S. Pryor Street, and had intended to go downS. Pryor Street to the Court House where the Frank trial wasbeing conducted but was unable to get any closer to theCourt House on account of the crowd that had gathered in thestreet,
  • 0278 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT 8.State of Georgia Vs. Leo M. Frank,In Fulton Superior Court.State of Georgia,County of Fulton.Personally appeared J. H. G. Cochran, who being duly sworn deposes and says that he is a resident of Atlanta, Ga., he remembers the close of the trial of Leo M. Frank and was present in front of the Court House in Atlanta, Ga., on the day that the case closed and on the day that the jury returned the verdict of guilty in said case.On the day aforesaid, to-wit: - that the jury returned the verdict, Mr.
  • 0279 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: they proceeded up Pryor Street. Further deposing he says that onsaid day the jury took dinner at the German Cafe, on SouthPryor Street, a distance of approximately one hundred fifty (150)to two hundred (200) feet from the Bauer Building, and thatboth outside of the Cafe and in the Cafe, the cheering of theSolicitor General could be heard by any person.J. H. CochranSworn to and subscribed to before me,this September 15th, 1915.J. H. Porter, Notary Public, County of Fulton State of Ga.195
  • 0280 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT T.State of Georgia, Vs. Leo M. Frank,In Fulton Superior Court.State of Georgia,County of Fulton.Personally appeared H. G. Williams, resident of Atlanta, Ga.,who deposes and says that on the day of the Frank trial closed,and verdict of guilty was found by the jury against Leo M. Frankaccused of the murder of Mary Phagan, this Deponent was onSouth Pryor Street in front of the Court House.This Deponent saw Solicitor Dorsey come from the Court Houseand cross the street to the Kiser Building in the presence ofexceeding five hundred (500) people, who cheered hisappearance
  • 0281 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Solicitor General.H. G. Williams.Sworn to and subscribed to before me,this September 15th, 1913.Robt. C. Patterson,Notary Public, Fulton County, State of Ga.
  • 0282 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT U.State of Georgia,Vs. Fulton Superior Court.Leo M. Frank.Georgia, Fulton County.Personally appeared before the undersigned a Notary Public in and for said county, E. G. Pureley, who on oath say that he is a president of the City of Atlanta, residing at #30 Ponders Ave., with office at #700 Temple Court.Deponent says that on Friday noon, before the above stated case went to the jury on Monday, he was present in the Court room where the trial of Leo M. Frank has been held; that when court adjourned and the jury had
  • 0283 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: State of Georgia, EXHIBIT V.Vs.Leo M. Frank.Personally appeared Marcus Benbenisty, who on oathsays that he was standing outside of the court house on Fridayafternoon, August 23rd, at about 1:30, and I saw the jurycome out of the court room. Soon after the jury came out ofthe court room. Mr. Dorsey came out, and the crowd set up cheer-ing and yelling "Hurrah for Dorsey".At the time of the yelling and cheering the jury was justcrossing the street towards the Barbee Supply Company, whichis next to the Kaiser Building. That in the opinion of
  • 0284 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT W.State of Georgia.Vs.Leo M. Frank.Personally appeared Isaac Haas who on oath says that he was standing outside of the court house on Friday afternoon, Aug. 22nd, at about 12.30, and I saw the jury come out of the court room. Soon after the jury came out of the court room, Mr. Dor- sey came out, and the crowd set up cheering and yelling "Hurrah" "Hurrah". At the time of the yelling and cheering the jury was just crossing the street toward the Barber's Supply Co., which is next to the Kiser
  • 0285 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: GEORGIA, FULTON COUNTY.EXHIBIT X.GEORGIA, FULTON COUNTY.Personally appeared John H. Shipp, who on oath says thaton Friday August 23, he was in room 301 of the Kaiser Building,corner Hunter and So. Pryor streets, that he saw the jury come outof the court house about 6 P. M., that a few minutes after thejury came out of the court house, Mr. Dorsey, appeared in theentrance, whereupon a great cheer arose from the people crowdingin the streets and around the court house entrance; that atthat time deponent saw the jury about fifty feet from the
  • 0286 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT Y.The State of Georgia,Vs.Leo M. Frank.Personally appeared B. S. Lipshitz, who on oath says that he was out in front of the Court House, mingling with the crowd, at about one P. M., on Saturday, August 23, immediately after court adjourned; that deponent saw the jury come out and about one or two minutes thereafter, Mr. Dorsey came out, whereupon there was great cheering and yelling by the crowd; that at the time the yelling and cheering took place, the jury could not have been more than one minute's walk away
  • 0287 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT 2.GEORGIA, FULTON COUNTY.Personally appeared Charles J. Moore, who on oath says that he is an attorney at law, occupying room 301 on the third floor of the Kaiser Building, at the corner of Hunter and So. Pryor sts., that on Friday, August 22, deponent was in his office and saw the jury come out of the court house entrance at about six P. M. that soon after Mr. Dorsey appeared in the court house entrance and a great cheering and yelling occurred by the crowd immediately opposite the entrance, and afterwards
  • 0288 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Sworn to and subscribed before me,this 26th day of August, 1913.C. A. Stokes, Notary Public Fulton County, Ga.
  • 0289 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT A.A.GEORGIA, FULTON COUNTY.Personally appeared D. Rosinsky, who on oath deposes and states that on Friday, August 22nd and Saturday August 23, he was standing near the corner of Hunter and South Pryor Street, in the city of Atlanta, Ga., and that when the Solicitor General, H. W. Dorsey, came out of the old City Hall Building, now used as a court house, there was loud and vociferous cheering by the assembled crowd; that members of the crowd took the Solicitor in their arms and carried him across the street to the
  • 0290 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT BB.Georgia DOUGHERTYROCKMART COUNTY.State of Georgia, In the Superior Court of Fulton County, Ga.Vs.Leo M. Frank.Before me personally appears Mack Farkas, who being dulysworn deposes and says that attached to his affidavit is a carboncopy of an order made by Sam Farkas, of Albany, Ga., toFranklin Buggy Company, Incorporated, of Barnesville, Ga.Said order is marked Exhibit "A" Said order was taken by A. HHenslee, a traveling salesman for said Franklin Buggy Co.,in person, said order was taken on the date same bears date,to-wit: on July 8th, 1913.This affidavit is made to be
  • 0291 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: GEORGIA, DOUGHERTY county.State of Georgia,Vs. In the Superior Court of Fulton County, Ga.Leo M. Frank.Before me personally appears B. W. Simon who being dulysworn deposes and says that attached to this affidavit is a car-bon copy of an order made by Sam Farkas, of Albany Ga., to Frank-lin, Buggy Company, Incorporated, of Barnesville, Ga.Said order is marked Exhibit "A". Said order was taken byA. H. Henslee, a traveling salesman for said Franklin Buggy Co.in person; said order was taken on the date same bears date,to-wit: on July 8th, 1913.This affidavit is made
  • 0292 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: GEORGIA, DOUGHERTY COUNTY.State of Georgia, Vs. In the Superior Court of Fulton County, Ga.Leo M. Frank.Before me personally appears Sam Farkas who being duly sworn deposes and says that attached to this affidavit is a carbon copy of an order made by Sam Farkas, of Albany, Ga., to Franklin Buggy Company, Incorporated, of Barnesville, Ga. Said order is marked Exhibit "A" said order was taken by A. H. Henslee, a traveling salesman for said Franklin Buggy Company, in person; said order was taken on the date same bears date, to-wit: on July
  • 0293 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: Franklin Buggy Company, Inc.,Manufacturers of the"Improved Barnesville Buggy",Barnesville, Georgia.When Ship At Once- Ship to Sam Parkas-How Ship............ Albany, Ga.July 8, 1913.Terms: Oct. 1st, 2.50 per cent. discount ifpaid in 30 days from date of invoice;if not discounted in 30 days buyeragrees to give note to cover theaccount net 90 days, from date ofinvoice, note to be made payable toR. R. Barnesville, Ga. All goods F.O. B. Barnesville, Ga. No freightallowance. All notes due after 90days from invoice to bear interest at 8per cent. per annum.Quantity Cnt. Width Body Style Gear Spring Color
  • 0294 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT OC.Georgia Walton County.State of Georgia,vs. In the Superior Court of Fulton County, Ga.Leo M. Frank.Before me, an officer authorized under the laws of Ga., to administer oaths, personally appear J. J. Nunnally and W. L. Ricker, of Monroe, Ga., who being duly sworn, depose and say on oath as follows:That they have seen in the public prints that A. H. Henslee, one of the jurors in the Frank case, admits having made certain statements as to Frank's guilt of the murder of Mary Phagan, but says these statements were made after
  • 0295 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT DD.GEORGIA, FULTON COUNTYState of Georgia,In the Superior Court of Fulton County, Ga.Leo M. Frank.Before me personally appears Julian A. Lehman, who, being duly sworn deposes and says on oath that he makes this affidavit for use in motion for new trial in above stated case.Further deposing, he says on oath that he reiterates his statement heretofore made under oath that between the time of the murder of Mary Phagan, as reported by the newspapers, and the commencement of the trial of Leo M. Frank, on July 28th, 1913, he on two
  • 0296 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT EE.GEORGIA, FULTON COUNTY.State of Georgia,Vs.In Fulton Superior Court.Leo M. Frank.Personally appeared Leon Harrison, who being duly sworn deposes and says that he makes this affidavit to be used on the motion for new trial in the above case.Further deposing, he says that he is not acquainted with Leo M. Frank, is not related to him, and has never seen him to know him; he says on oath that he is not personally acquainted with A. H. Henslee but he knows that said Henslee is the party about whom he makes this
  • 0297 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: THE ATLANTA GEORGIAN AND NEWSJURY THAT CONVICTED FRANK AS SLAYER OF MARY PHAGANJ.T. OSBURN. A.H. HENSLEE. F.W. WINBURN. F. MEDCALF. A.L. WISELY. W.M. JEFFRIES. M. JOHENNING.S.W. WOODWARD. F.V. L. WHITE. D. TOWNSEND. C.J. BOSSHARDT. J.F. HIGDON.DEPUTY HUBER. DEPUTY LIDDELL.
  • 0298 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT FF.GEORGIA, WALTON COUNTY.State of Georgia,Vs. In the Superior Court of Fulton County,Leo M. Frank. Georgia.Before me, an officer authorized under the laws of Georgiato administer oaths, personally appears each of the undersignedpersons, personally known to me, who, being duly sworn, deposeand say on oath.That they are personally acquainted with J. J. Nunnally andW. L. Ricker, and that said Nunnally and Ricker are each menof the highest personal and moral character, and reputation, andthat they are each entirely trustworthy, and worthy of belief,as to any statement made by them or each of
  • 0299 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT GG.Georgia, Hancock County.State of Georgia,Vs. In the Superior Court of Fulton County,Leo M. Frank. Georgia.Before me, an officer authorized under the laws of Georgia to administer oaths, personally appears each of the undersigned persons, personally known to me; who, being duly sworn, depose and say on oath:That they are personally acquainted with Jno. W. Holmes, Shi. Gray and S. W. Johnson, and that said Holmes, Gray and Johnson are each men of the highest personal and moral character, and reputation, and that they are each entirely trustworthy, and worthy of belief,
  • 0300 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Here is the extracted text from the image: EXHIBIT HH.Georgia, Fulton County.State of Georgia, In the Superior Court of Fulton County,Vs. Georgia.Leo M. Frank,Before me, an officer authorized under the law of Georgia, to administer oaths, personally appears each of the undersigned persons, personally known to me, who, being duly sworn, depose and say on oath:That they are personally acquainted with Julian A. Lehman; and that said Lehman is a man of the highest personal and moral character, and reputation, and that he is entirely trustworthy, and worthy of belief, as to any statement made by him.W. F. UpshawC. E.
  • 0301 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: Georgia, Muscogee County.State of Georgia, In the Superior Court of Fulton County,Vs. Georgia.Leo M. Frank.Before me, an officer authorized under the laws of Georgia to administer oaths, personally appeared each of the undersigned persons, personally known to me, who, being duly sworn depose and say on oath.That they are personally acquainted with Julian A. Lehman, and that said Lehman is a man of the highest personal and moral character, and reputation, and that he is entirely trustworthy, and worthy of belief as to any statement made by him.C. W. WozellR. P. Spencer,
  • 0302 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: EXHIBIT IIGeorgia, Fulton County.State of Georgia,Vs.In Fulton Superior Court.Leo M. Frank.Personally appeared the undersigned deponents, who, being duly sworn, depose and say that they are personally acquainted with C. P. Stough, of Atlanta, Fulton County, Georgia, and that they know him to be a man of high personal character, entirely trustworthy, and absolutely worthy of belief as to any statement made by him, whether on oath or otherwise.A. L. Guthman,L. P. Stephens,A. H. Van Dyke.Sworn to and subscribed before me,this 22nd day of Oct., 1913.C. W. Burke,N. P. Fulton Co., Ga.
  • 0303 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: EXHIBIT JJ.State of Georgia,County of Muscogee.Personally appeared before me, an officer duly authorized by law to administer oaths, the undersigned who, being sworn, deposes and says that he was head clerk at the New Albany Hotel (Albany Hotel Company, Proprietors), located at Albany, in said state and county, all during the months of June, July and August, 1913, and for several years prior to that time; and that attached hereto, marked "Exhibit A", is the register of guests at said hotel from the 20th day of June, 1913, to the 31st day
  • 0304 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: EXHIBIT KK.State of Georgia,County of Fulton.State of Georgia, No.Vs. MurderLeo M. Frank. Fulton Superior Court.Personally appeared Leo M. Frank who on oath deposes and states that he is the defendant above named that he did not know nor has he ever heard until the end of his trial in the above stated case that A. H. Henslee and Merceius Johenning had any prejudice or bias against deponent nor that they or either of them had ever said or done anything indicating that they believed in deponents guilt, or had any prejudice or
  • 0305 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: EXHIBIT M MGeorgia, Hancock County.State of Georgia,Vs.Leo M. Frank.In Superior Court of Fulton County,Georgia.To the Honorable Clerk of the Superior Court of HancockCounty, Georgia.This application shows the following facts:Heretofore a verdict of guilty was rendered in said case,judgment was passed by the Court, and motion for new trialwas filed in said case, which said motion for new trial is setfor hearing on Oct., 4th, 1913, before Judge L. S. Roan, Judgeof the Stone Mountain Circuit.It is shown that there are three parties who reside in Sparta,Hancock County, Georgia, to-wit: John W. Holmes,
  • 0306 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: Georgia, Hancock County.State of Georgia,Vs.Leo M. Frank,In Superior Court of Fulton County, Georgia.Questions to be propounded to Shem Gray of Sparta, Hancock CountyGeorgia.1. (Q). Have you examined clipping from the Atlanta Georgianof Aug. 26, 1913, hereto attached, showing a picture of thejury in the above stated case, and showing a likeness of JurorA. H. Henslee?(A). Yes.2. (Q). Are you personally acquainted with A. H. Henslee?(A). Yes.3. (Q). Did you or not hear A. H. Henslee, discussing thequestion of whether or not Leo M. Frank was guilty of the murderof Mary Phagan, between
  • 0307 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: 6. (Q). Did you not hear A. H. Henslee state in Sparta Ga., between the time of the death of Mary Phagan and the commencement of the trial of Leo M. Frank for the murder of Mary Phagan, that Leo M. Frank was guilty of the murder of Mary Phagan? (A). Yes.7. (Q). Did you not hear A. H. Henslee say that he believed Leo M. Frank was guilty of the murder of Mary Phagan, and further that he would bet one dollar or other sum, or would like to bet one
  • 0308 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: Georgia, Hancock County.State of Georgia,Vs.In Superior Court of Fulton County,Leo M. Frank.Georgia.Questions to be propounded to T. W. Johnson of Sparta, HancockCounty, Ga.1. (Q.) Have you examined clipping from the Atlanta Georgianof Aug. 26, 1913, hereto attached, giving a picture of the juryin the above stated case, and showing a likeness of Juror A. H.Henslee?(A.) Yes.2. (Q.) Are you personally acquainted with A. H. Henslee?(A.) I know him by sight.3. (Q.) Did you or not hear A. H. Henslee discussing thequestion of whether or not Leo M. Frank was guilty of the
  • 0309 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: to bet one dollar or other sum, that he, the said A. H. Hensleewould be put on the jury to try Leo M. Frank for the murder ofMary Phagan?(A). He said he had been drawn as a juror and might have toserve.8. (Q). State in full what is your business occupation, or ifmore than one, what are your business occupations?Work for Walker and Holmes.T. V. Johnson.Georgia CountyBefore me personally appeared T. V. Johnson who beingfirst duly sworn true answers to make to the above and foregoingwritten questions answered same as above set
  • 0310 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: Georgia, Hancock County.State of Georgia, In Superior Court of Fulton County,Vs. Georgia.Leo M. Frank.Questions to be propounded to John M. Holmes of Sparta, Hancock County, Georgia.1. (Q). Have you examined clipping from the Atlanta Georgian of Aug. 26, 1913, hereto attached, showing a picture of the jury in the above stated case, and showing a likeness of Juror A. H. Henslee?(A). Yes.2. (Q). Are you personally acquainted with A. H. Henslee?(A). Yes.3. (Q). Did you or not hear A. H. Henslee discussing the question of whether or not Leo M. Frank was
  • 0311 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: Leo M. Frank was guilty of the murder of Mary Phagan, and further that he would bet one dollar or other sum, or would like to bet one dollar or other sum, that he, the said A. H. Henslee, would be put on the jury to try Leo M. Frank for the murder of Mary Phagan?(A). He stated that he had been summoned as a juror.8. (Q). State in full what is your business occupation, or if more than one, what are your business occupations?Member of the firm of Walker and Holmes,
  • 0312 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: JURY THAT CONVICTED FRANK AS SLAYER OF MARY PHAGANJ.T. OSBURN, A.H. HENSLEE, F.E. WINBURN, W.F. MEDCALF, A.L. WISBY, W.M. JEFFRIES, M. JOHENNINGDEPUTY HUBER, M.S. WOODWARD, F.W. L. SMITH, D. TOWNSEND, C.J. BOSSHARDT, J.F. HIGDON, DEPUTY LIDDELL
  • 0313 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: EXHIBIT-LL.State of Georgia,Vs.In the Superior Court of Fulton County,Leo M. Frank.Georgia.To the Honorable George L. Bell, Judge of the Fulton SuperiorCourt:This application is presented to the Court by Leo M.Frank, the defendant in the above stated case; and shows to theCourt the following facts:The above stated case of the State of Georgia, Vs. Leo M.Frank, indictment for murder, has been tried, a verdict found,and this defendant sentenced; and a motion for a new trial insaid case is now pending before Honorable L. S. Roan, Judge ofthe Stone Mountain Circuit, and hearing set
  • 0314 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: The foregoing application read and considered. It is orderedthat Sig Teitlebaum, act as Commissioner in said case, inaccordance with Section 5818 of the Code of Georgia of 1910.This Sept., 28th, 1913.Geo. L. Bell,Judge of Superior Court, Atlanta Circuit.
  • 0315 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: Georgia,Fulton County.State of Georgia, Vs.Leo M. Frank.In Fulton Superior Court.Written questions to be propounded to C. P. Stough, a witnessfor the defendant in the motion for new trial pending in saidcase, set for hearing October 4, 1913, before Judge L. S. Roan,Judge of the Stone Mountain Circuit.1. Q. Do you know A. H. Henslee, who served on the jury inthe above stated case at the trial commencing July 28, 1913?A. Yes.2. Q. How long have you known him?A. About 6 or 7 years.3. Q. During the time between the murder of Mary
  • 0316 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: Georgia, Fulton County.Personally appeared O. P. Stough who having been duly swornmade answer as above indicated and sworn to the foregoing writtenquestions 1 - 6 inclusive said answer executed, sworn to andsubscribed before me this Sept. 29th, 1913.Sig. Teitelbaum,Not. Pub. Fulton County, Ga. and Commissionto take testimony.Rory Judge
  • 0317 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: Georgia,Fulton County.State of Georgia, In Superior Court of Fulton County,Vs. Georgia.Leo M. Frank.To the Honorable Clerk of the Superior Court ofWalton County, Georgia.This application shows the following facts:Heretofore, a verdict of guilty was returned in said case,judgment was passed by the Court, and a motion for new trialwas filed in said case, which said motion for new trial is setfor hearing on October 4th, 1913, before Judge L. S. Roan,Judge of the Stone Mountain Circuit.It is shown that there are three parties who reside in MonroeWalton County, Georgia, to-wit: J. J. Nunnally,
  • 0318 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: Georgia Fulton County.State of Georgia,Vs.In the Superior Court of Fulton County,Leo M. Frank.Georgia.Written questions to be propounded to J. J. Nunnally, Esq.W. L. Ricker, Esq. Virgil Harris, Esq., andresidence Monroe, Walton County, Ga.1. (Q). Have you examined the attached clipping from theAtlanta Georgian of August 23, 1913, and particularly the like-ness in said clipping of A. H. Henselee?(A). Yes I have.2. (Q). Do you know A. H. Henselee?(A). I do.3. (Q). Do you recall whether or not A. H. Henselee was inMonroe, Georgia, between the time of the murder of Mary Phagan,as
  • 0319 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: positively and firmly, how did he make the statement?Give his language as well as you recollect it; if you do not recollect his language, what was the tenor of it?(A).Yes, he was bitter.7.(Q).Did you hear A. H. Henslee, of Monroe, Ga., between said dates, say anything about what the jury that tried Leo W. Frank for the murder of Vary Phagan would do if that Jury did its duty; if so, what did he say, giving his language as nearly as you can recollect it, and if you cannot recall the exact language, state
  • 0320 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: Georgia,Warfon County.State of Georgia, Vs. In the Superior Court of Fulton CountyLeo M. Frank. Georgia.Written questions to be propounded to J. J. Nunnally, Esq.,W. L. Ricker, Esq., Virgil Harris, Esq., andx x x x x x x x x x x x x x x x x x x x x1. (Q). Have you examined the attached clipping from theAtlanta Georgian of August 23, 1915, and particularly thelikeness in said clipping of A. H. Henslee?(A). Yes.2. (Q). Do you know A. H. Henslee?(A). Yes.3. (Q). Do you recall whether or not A.
  • 0321 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: 6 (Q). Did you hear A.H. Henselee, in Monroe, Georgia, between said dates, make any statements as to what he believed about the guilt of Leo M. Frank of the murder of Mary Phagan; if so, what were those statements?(A). Yes, he believed him guilty.6. (Q). Did A. H. Henselee, in Monroe, Georgia, between said dates, in your presence and hearing, say he thought Leo M. Frank was guilty of the murder of Mary Phagan; if so, did he state it positively and firmly; how did he make the statement? Give his
  • 0322 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: J. J. Nunnally and Virgil Harris, dealers in buggies, wagons andlive stock. Also Vice President W. H. Nunnally Co., generalsupplies and merchandiseJ. J. NunnallyGeorgia Walton County.Before me personally appeared J. J. Nunnally who, beingfirst duly sworn true answers to make to the above and foregoingwritten questions, answered same as above set forth, saidanswers executed, sworn to, and subscribed before me this Sept.27th, 1913.Clifford Walker.Notary Public Walton County, Ga.2.857
  • 0323 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: Certificate of the Court.The recitals of fact contained in the original motion for newtrial, and in the one hundred and twelve grounds of the forego-ing amended motion for new trial (the same being all the groundsof said original and all the grounds of said amended motion) arehereby approved as true, and the court has identified all theexhibits and they are made part of said motion for new trial.Oct. 31st, 1913.L. B. Roan,J. S. C. St. Mt. Ct.Filed in office this Oct. 31, 1913.John H. Jones, Deputy Clerk.
  • 0324 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: (ORDER OVERRULING MOTION.)After considering the above and foregoing motion and amendedmotion and affidavits submitted by the State the motion for anew trial is hereby overruled and denied.This October 31, 1913.L. S. Roan,Judge Superior Court Stone Mountain Circuit,Presiding.
  • 0325 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: STATE OF GEORGIAVS.LEO M. FRANK.MURDER.Fulton Superior Court.Trial: July 28 to Aug. 21, 1913.CHARGE OF THE COURT.Gentlemen of the Jury:This bill of indictment charges Leo M. Frank with the offense of murder. The charge is that Leo M. Frank, in this county, on the 26th day of April of this year, with force and arms, did unlawfully with malice aforethought kill and murder one Mary Phagan by then and there choking her, the said Mary Phagan, with a cord placed around her neck.To this charge made by the bill of indictment found by
  • 0326 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: doubt, one conjured up by the jury, but a reasonable doubt.Gentlemen, this defendant is charged with murder. murder is defined to be the unlawful killing of a human being, in the peace of the State, by a person of sound memory and discretion, with malice aforethought, either express or implied.Express malice is that deliberate intention unlawfully to take away the life of a fellow-being, which is manifested by external circumstances capable of proof.Malice shall be implied where no considerable provocation appears, and where all of the circumstances of the killing show an
  • 0327 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: Gentlemen, the object of all legal investigation is the discoveryof truth. That is the reason of you being selected, empanelled andsworn in this case - to discover what is the truth on this issueformed on this bill of indictment. Is Leo M. Frank guilty? Are yousatisfied of that beyond a reasonable doubt from the evidence in thiscase? Or is his plea of not guilty the truth? The rules of evidenceare framed with a view to this prominent end - seeking always forpure sources and the highest evidence.Direct evidence is that which immediately
  • 0328 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: Gentlemen, the object of all legal investigation is the discoveryof truth. That is the reason of you being selected, empanelled andsworn in this case - to discover what is the truth on this issueformed on this bill of indictment. Is Leo M. Frank guilty? Are yousatisfied of that beyond a reasonable doubt from the evidence in thiscase? Or is his plea of not guilty the truth? The rules of evidenceare framed with a view to this prominent end - seeking always forpure sources and the highest evidence.Direct evidence is that which immediately
  • 0329 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 The visible text in the image is: P.236PICTUREMISSINGBLANK PAGE
  • 0330 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: by his good character, and to acquit him. (Stephens case 61 Ga. 569).The word "character" as used in this connection, means that general reputation which he bore among the people who knew him prior to the time of the death of Mary Phagan. Therefore, when the witnesses by which a defendant seeks to prove his good character are put upon the stand, and testify that his character is good, the effect of the testimony is to say that the people who knew him spoke well of him, and that his general reputation
  • 0331 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: the subject of the general character of the defendant, and it is forthe jury finally to determine from all the evidence whether hischaracter was good or bad. But a defendant is not to be convictedof the crime with which he stands charged, even though, upon a con-sideration of all the evidence, as to his character, the jury be-lieves that his character is bad, unless from all the other testimonyin the case they believe that he is guilty beyond a reasonable doubt.You will, therefore, observe that this is the rule you will beguided
  • 0332 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: to make it under the law. It is not made under oath and he is not sub-ject to examination or cross-examination. It is with you as to howmuch of it you will believe, or how little or it. You may go to theextent, if you see fit, of believing it in preference to the sworntestimony in the case.In the event, gentlemen, you have a reasonable doubt from theevidence, or the evidence and the statement together, or either :s tothe defendant's guilt as charged, then give the prisoner the benefitof that doubt and
  • 0333 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: V. 10852 - 4Leo FrankState of GeorgiaTo conveyancen. ConleyNote to Clerk andDeputy ClerkPlease check all of theserecords when governmentis all returned together
  • 0334 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Witness.Anderson, W. E.- 6670Barrett, H. P.- 4843Beavers, J. E.- 6969Black, John R.- 272931Coleman, Mrs. J. W.(Recalled)- 11Conley, James- 3194119Dalton, C. B.- 808082Duffy, J. E.- 5152124Ferguson, Miss Grace- 11131134Forrest,- 1131Gantt,- 666669Ghent,- 313272Grace,- 707070Holloway, E. F.(Recalled by defendant)- 797979Hurt, Dr. J. W.- 464750&51Jefferson, Mrs. Geo. W.- 737374Lassiter, R. M.- 454545Lee, Newt (colored)- 707071Monteen, Miss- 706768Nightinght, Albert (colored)- 676767Pergus, H. J.- 121-Rogers, L. W.- 162223Roser,- 808080Scott, Harry (recalled for state)- 347374Smith, Dr. Claude- 444444Stanford, Nell- 717171Stover, Miss Monteen- 151741Waggoner, Miss T.- 494969White, Mrs. J. A.(recalled for state)- 83121120STATE RESTS.TESTIMONY FOR DEFENDANTAdams, Miss Grace- 230231Anderson, A. H.- 227227Adler,
  • 0335 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: Witnesses:Rener, Wm. .................................. 268Barnes, Miss Sarah .......................... 259Boehm, Julian V. ............................ 262Blair, Miss Mallie .......................... 262Campbell, Wade ............................... 169 169 169 169Cowan, Miss Cora ............................ 262Carson, Mrs. R. M. .......................... 168 168Carson, Miss Rebecca ........................ 262Childs, Dr. Leroy W. ........................ 251 253Cooper, V. .................................. 211Cullen, Nathan .............................. 265Carson, Miss Rebecca (recalled) ............. 167 168Chambers, Phillip ........................... 208Craig, Robert ............................... 211Craig, Ed M. ................................ 211Gaston, L. .................................. 262Garson, Miss Irene .......................... 262Opal, Nathan (recalled) ..................... 211Orr, Samuel ................................. 211Dittler, Alex ............................... 262Denham, Mrs. Georgia ........................ 262 175Denham, Harry ............................... 174Derley, N. V. ...............................
  • 0336 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: Witnesses:INDEX #8 continued.Name D C RD RGHencook, Dr. Thomas - - 255 256Hatfield, Miss Willie - - 257 258Holloway, C. C. (recalled) - - - -Holmes, Miss Ida - - - -Holloway, A. C. - - 262 -Hays, Miss Ida - - 258 258Hays, Isaac - - 257 257Hunter, Joel C. - - 160 160Hays, Miss Velma - - 262 262Hall, Miss Hattie - - 164 164Harris, Mrs. A. L. - - 166 167Hall, Miss Cornithia - - 262 -Hall, Dr. A. L. - - 263 -Hall, Mrs. Fred - - 262
  • 0337 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: INDEX #2 - continued.Witnesses:Nolurty, Miss Lena - 204 204Najor, Miss Marjorie - 218Novotny, Miss - 118 219Moonlight, Minola (colored) @ 176 177 177Moody, Gruman (colored) 206 206Neab, Phillip - 255Nix, C. A. - 211Nix, D. J. - 206 207Nix, H. C. - 196 196 196Owens, Dr. Wm. J. C. 281 224 227Olmstead, Dr. J. C. 245 246Osborne, Miss Annie 262Payne, Frank 207 208Papenheimer, Oscar 199 257Patmalee, Mrs. J. C. 211Patrick, J. B. 231Patterson, B. L. 211 190Park, Miss Mary 262Pirk, Miss Mary (recalled) 190Pride, Arthur (colored) 205 210 210 210Pollard, C. B. 161 161
  • 0338 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: INDEX #2 continued.Witnesses:Willett, T. H. D 262 O 262 RD 262 RQWord, Miss Lizzie - D 262 O 262 RD 262 RQWilson, Mrs. S. A. - D 262 O 262 RD 262 RQWestmoreland, Dr. Willis P. - D 242 O 242 RD 242 RQWeinrauf, Godfrey - D 262 O 262 RD 262 RQWood, H. - D 262 O 262 RD 262 RQWardlaw, Mrs. J. - D 261 O 261 RD 261 RQWolfheimer, Mrs. Hennie - D 164 O 164 RD 164 RQWright, Miss Maude - D 262 O 262 RD 262 RQWildsmer,
  • 0339 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: INDEX #3 continued.Witnesses: D O. RD R#Kelley, H. .......... 366 366Kitchens, Miss Mamie' 344 344Matthews, W. H. ...... 357 357Maynard, C. J. ....... 359 360Merr, W. E. .......... 346 346McCann, O. B. ........ 344 344McKnight, Albert .... 359 359Mowling, J. C. ....... 362 364Miles, Dr. G. M. ..... 364 364Owens, W. B. ......... 366 366Patrick, W. C. ....... 344 344Patrick, Miss Nellie .. 344 344Pickett, E. H. ....... 351 352Read, D. D. .......... 360 360Robinson, Miss Ruth .. 344 344Rogers, W. ........... 356 356Rose, Harry ......... 343 343Smith, E. ............ 368 369Smith,
  • 0340 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: STATE OF GEORGIA,VS.LEO M. FRANK.In Fulton Superior Court,Trial begun August 26th, 1913.Judge L. S. Roan presiding.Conviction of murder at July Term, 1913of Fulton Superior Court, and motionfor new trial.BRIEF OF THE EVIDENCE.MRS. J. W. COLEMAN, sworn for the state.I am Mary Phagan's mother. I last saw her alive onthe 26th day of April, 1913, about a quarter to twelve, at home,at 146 Lindsay street. She was getting ready to go to thepencil factory to get her pay envelope. About 11:30, sheate some cabbage and bread. She left home at a quarter totwelve.
  • 0341 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: 2from Mary Phagan's home. I have known her about a year. Thelast time I saw her was Saturday morning going to town on theEnglish Avenue car. It was about ten minutes to twelve when Ifirst saw her. I left her about seven minutes after twelve atthe corner of Forsyth and Marietta Street. She had on that hat,transfer and things when I left her. She was going to the pencilfactory to draw her money. She said she was going to see theparade at Elkin-Watson's at two o'clock. She never showed up.I stayed around
  • 0342 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: on Saturday evenings I have to come at five o'clock. On Fridaythe 25th of April, he told me "Tomorrow is a holiday and Iwant you to come back at four o'clock." I want to get off alittle earlier than I have been getting off." I got to thefactory on Saturday about three or four minutes before four. Thefront door was not locked. I pushed it open, went on in and gotto the double door there. I was paid off Friday night at sixo'clock. It was put out that everybody would be paid
  • 0343 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: It took him twice as long this time than it did the other timesI saw him fix it. He fumbled putting it in, while I held thelever for him and I think he made some remark about he was notused to putting it in. When Mr. Frank put the tape in I punchedand I went on down-stairs. While I was down there Mr. Ganttcame from across the street from the beer saloon and says, "Newt,I got a pair of old shoes that I want to get upstairs to havefixed." I says, "I
  • 0344 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image:---5lit it at six o'clock myself. On Saturdays I always lit it, but weekdays it would always be lit when I got there. On Saturdays I always got there at five o'clock. This Saturday he got me there an hour earlier and let me off later. There is a light in the basement down there at the foot of the ladder. He told me to keep that burning all the time. It has two little chains to it to turn on and turn off the gas. When I got there on making my
  • 0345 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Here is the extracted text from the image: 6and didn't say nothing while Mr. Darley was speaking to me.Boots Rogers, Chief Lanford, Darley, Mr. Frank and I were therewhen they opened the clock. Mr. Frank opened the clock and said -the punches were all right, that I hadn't missed any punches.I punched every half hour from six o'clock until three o'clock,which was the last punch I made. I don't know whether theytook out that slip or not. On Tuesday night, April 29th,at about ten o'clock I had a conversation at the station housewith Mr. Frank. They handcuffed me to a
  • 0346 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: before the coroner that he had been given one of the pair of shoes of Mr. Gantt to one of the boys, they got that wrong. On Saturdays I had to wake up usually and get to the factory at twelve o'clock. This time Mr. Frank told me to get back at four. I did say before the coroner that he was looking down when he came out of his office. I told them also that there was a place in that building where I could go to sleep, but they didn't ask me
  • 0347 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 8a difficulty and I knew that Mr. Frank didn't want him inthere. Mr. Frank had told me "Lee, I have discharged Mr. Gantt,I don't want him in here, keep him out of here," and he hadsaid, "when you see him hanging around here, watch him." Thatis the reason I thought Mr. Frank was startled when he saw Mr.Gantt. Mr. Gantt is a great big fellow, nearly seven feet.When he went out I watched him as he went to the beer saloonand I went on upstairs. He left the factory about half pastsix. I went
  • 0348 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: between the body and the door, it was dark back there. Thebody was about sixty feet from that door. If the back door hadbeen open I could have seen that big light back there in thealley. The back door was closed when I found the body. Thefirst time I went down the basement that night was seveno'clock. I went just a little piece beyond the dark, so I couldsee whether there was any fire down there. That's what I waslooking for. Yes I could tell whether the door was open fromthere. No, I didn't
  • 0349 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 10was down in the closet I had to go at least ten feet to see whether or not there was any fire in the dust bin. I would have gone further if I hadn't discovered the body. When I saw the body, the closest I ever got to it was about six feet. I was holding my lantern in my hand. I just saw the feet. When I first saw it I was about ten feet from it. As to how far the body was from where I was sitting in the closet, it
  • 0350 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the way back in the basement, to a partition on the left, leadingfrom the elevator. The basement is about twenty feet wide.The negro lead the way back about one hundred fifty feet and weround the body. The girl was lying on her face, not directlylying on her stomach, with the left side on the ground, theright side up just a little. We couldn't tell by lookingat her whether she was white or black, only by her golden coloredhair. They turned her over and her face was full of dirt anddust. They took a piece
  • 0351 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: RE-DIRECT EXAMINATION.The first time I saw Mr. Frank put my tape on, he didn't say anything about it being any trouble. The last time he put it on, he said something about that he wasn't used to putting it on. I was holding the lever there and he got in on twice and he had put it on wrong and he would have to slip it out and put it back. When Mr. Frank came out rubbing his hands, he came out of his inner office into the outer office and from there in
  • 0352 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the way back in the basement, to a partition on the left, leadingfrom the elevator. The basement is about twenty feet wide.The negro lead the way back about one hundred fifty feet and wefound the body. The girl was lying on her face, not directlylying on her stomach, with the left side on the ground, theright side up just a little. We couldn't tell by lookingat her whether she was white or black, only by her golden coloredhair. They turned her over and her face was full of dirt anddust. They took a piece
  • 0353 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Found and identifies different parts of the building on the diagram. Witness states that diagram 1-A (State's Exhibit A) is a fair representation of the parts testified by him, i.e., main floor and stairs, basement, boiler, partition in basement, spot where body was found, and of the entire building.CROSS-EXAMINATIONWe arrived at the factory about 3:30. Lee told us it was a white woman. It took us some time to determine whether it was a white woman or not. We didn't know until the dust was removed from her face and we pulled up the
  • 0354 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 14enough of it to have seen what it looked like, coming up to it.I made an experiment in the day time to see whether he couldsee the body or not, and I found he could see the feet, youcould see the bulk. Unless he was looking directly for someoneI don't think he could see it. The place where I thought Isaw someone dragged was right in front of the elevator, directlyback. It began immediately in front of the elevator, right atthe bottom of the shaft. The hat was possibly nearer theelevator than the shoe.
  • 0355 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: to see whether Newt Lee could have seen the body from where hestood. We placed a bulk about the size of an ordinary bodyabout the same position that this body was found in and you couldsee the bulk of the body by looking carefully by standing at thespot Newt Lee said he had seen it. A man couldn't get down thatladder with another person. It is a difficult matter for oneperson to get through the scuttle hole. The signs of dragging thatI saw was right at the bottom of the elevator shaft, on the
  • 0356 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The staple on the back door looked as if it had been pried out with a pipe pressed against the wall. There was a pipe there that fitted the indentation on the wood. I called Mr. Frank on the telephone, and told him I wanted him to come to the pencil factory right away. He said he hadn't had any breakfast. He asked where the night watchman was. I told him it was very necessary for him to come and if he would come I would send an automobile for him, and I asked
  • 0357 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: door which looked like they had bloody finger prints. I don't know when Frank was arrested. I don't think he was arrested on Monday. He was asked to come to the station house on Monday. It takes not over three minutes to walk from Marietta Street at the corner of Forsyth Street across the viaduct and through Forsyth Street down to the pencil factory. Lee was composed at the factory; he never tried to get away. The door to the stairs from the office floor to third floor was barred when I first went
  • 0358 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: W. W. ROGERS, sworn for the State.18I am now connected with Judge Giredean's court. I was at the station house Saturday night, April 26th, and went to the National Pencil Company's place of business. It was between five and five thirty that I heard Mr. Starnes have a conversation over the phone. I heard him say, "If you will come I will send an automobile after you." It took us five or six minutes to get out to Mr. Frank's residence at 68 E. Georgia Avenue. Mr. Black was with me. Mrs. Frank opened
  • 0359 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 19he came through the curtains. He seemed about briskly. He asked questions in rapid succession, but gave plenty of time between questions to have received an answer. Mr. Frank and Mr. Black got on the rear seat and I took the front seat and as I was fixing to turn around, one of us asked Mr. Frank if he knew a little girl by the name of Mary Phagan. Mr. Frank says: "Does she work at the factory?" and I said, "I think she does." Mr. Frank said, "I cannot tell whether or not
  • 0360 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: look at the corpse. I don't remember that Mr. Frank ever followed me in this room. He may have stopped on the outside of the door, but my back was toward him and I don't know where he stopped. Mr. Gheesling turned the head of the dead girl over towards me and I looked around to see who was behind me and I saw Mr. Frank as he made that movement behind me. He didn't go into the closet as far as I could see, but he got out of my view. He could
  • 0361 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: to get her pay." He said, "I will tell you about the exact timeshe left here. My stenographer left about twelve o'clock, anda few minutes after she left, the officeboy left and Mary camein and got her money and left." He said she got $1.20 and heasked whether anybody had found the envelope that the moneywas in. Frank still seemed to be nervous like the first timeI seen him. It was just his quick manner of stepping aroundand his manner of speech like he had done at the house thatindicated to me that he
  • 0362 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: keys out, unlocked the door of the right hand clock and lifted out the slip, looked at it and made a remark then the slip was punched correctly. Mr. Darley and Newt Lee was standing there at the time Mr. Frank said the punches had been made correctly. Mr. Frank then put in a new slip, closed the door, locked it and took his pencil and wrote on the slip that he had already taken out of the machine, "April 26, 1913." I looked at the slip that Mr. Frank took out (Defendant's Exhibit
  • 0363 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and the piece of undershirt was broke me her hair mouth. The cord around her neck was drawn so tight it was sunk in her flesh. I don't know whether Mr. Frank went upstairs or not after we reached his house. I think he called to his wife to get him his collar and tie. He got his coat and vest some place, but I don't know where. At the time Mrs. Frank was calling Mr. Darley, Mr. Frank was putting on his collar and tie down in the reception hall. We were at
  • 0364 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: to them and Mr. Gheesling was looking straight across the body at them. Mr. Frank had no difficulty in unlocking the safe when we went back to the factory. The elevator we went down on is a freight elevator, makes considerable noise. It stops itself when it gets to the bottom. I don't think it hits the ground. She was lying on her face with her hands folded up. Her face was turned somewhat toward the left wall. A bruise on the left side of her head, some dry blood in her hair. One
  • 0365 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: When the face was turned towards me, Mr. Frank stepped out of my vision in the direction of the cheseling's sleeping room.MISS GRACE HICKS, Sworn for the State.I knew Mary Phagan nearly a year at the pencil factory. She worked on the second floor. I identified her body at the undertakers Sunday morning, April 27th. I knew her by her hair. She was fair skinned, had light hair, blue eyes and was heavy built, well developed for her age. I worked in the metal room, the same room she worked in. Mary's machinewas right
  • 0366 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: year in the same department and I never saw Mr. Frank speak to Mary Phagan or Mary Phagan speak to Mr. Frank. When Mr. Frank came through the metal department he never spoke to any of the girls; just went through and looked around. The three times Mr. Frank spoke to me were as follow. He was showing a man around and I was laying on my arm mighty near asleep and he says you can run this machine asleep can't you, and I said, "Yes, sir." Then another time I asked him for
  • 0367 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: JOHN R. BLACK, Sworn for the State.I am a city policeman. I don't know the details of the conversation between Mr. Starnes and Mr. Frank over the 'phone. I didn't pay very much attention to it. I went out to Mr. Frank's house with Boots Rogers. Mrs. Frank came to the door. Mrs. Frank had on a bath robe. I stated that I would like to see Mr. Frank and about that time Mr. Frank stepped out from behind a curtain. His voice was hoarse and trembling and nervous and excited. He looked to
  • 0368 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: could tell by going over to the factory and looking at his oashbook. At the Pencil factory Mr.Frank took the slip out,lookedover it and said it had been punched correctly. On Monday or Tues-day following Mr.Frank stated that the clock had been mispunchedthree times. This slip was turned over to Chief Lanford on Monday.I saw Mr.Frank take it out of the clock and went back with it to-ward his office. I don't know of my own personal knowledge that itwas turned over to Chief Lanford Monday. When Mr.Frank was downat police station on Monday
  • 0369 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: When I said that Mr. Frank was released I spoke before I thought. I retractedit on cross-examination. I don't know that Mr. Roaser was at the police station between 8 and 8:30 Monday morning, I said that to the best of my recollection. I wouldn't swear Mr. Rosser was there. I heard Mr. Rosser say to Mr. Frank to give them a statement without a conference at all between Mr. Frank and Mr. Rosser. I said that we wanted to have a private talk with Mr. Frank without Mr. Rosser being present. I wanted
  • 0370 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: dressing upstairs or not, I couldn't see him when he went behind theoscurtain. We stayed at the Frank home about ten minutes. At the undertaking establishment I was right behind Mr. Frank. He was between me and the body. I saw the face when the undertaker turned her over. Yes, Mr. Frank being in front of me had an opportunity to see it also. No, 'r. Frank didn't go into that sleeping room, Mr. Frank went out just ahead of me. When we went back to the pencil factory Mr. Frank went to the
  • 0371 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: RE-DIRECT EXAMINATIONMr. Frank had told me that he didn't think Newt Lee had told all he knew about the murder. He also said after looking over the time sheet and seeing that it hadn't been punched cor rectly that that would have given Lee an hour to have gone out to his house and back. I don't know when he made this last statement. I don't remember whether that was before or after I went out to Lee's house and found the shirt. It was after Mr. Frank told me about the skips in
  • 0372 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: not told him her name. I used to know Mary when she was a littlegirl, but I have not seen her up to the time I went towork for the factory. My work was in the office and she workedin the rear of the building on the same floor in the tip depart-ment. After I was discharged, I went back to the factoryon two occasions. Mr. Frank saw me both times. He made noobjection to my going there. One girl used to get pay envelopesfor another girl with Mr. Frank's knowledge. There was an
  • 0373 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: said, "Well, I have a pair of black ones here too," and hekind of studied a little bit, and said "go ahead withhim and stay with him until he gets his shoes," and I wentup there and found both pair right where I had left them- Mr.Frank looked pale and nervous and kind of hesitated andstuttered like he didn't like me in there somehow or other.CROSS EXAMINATION.I testified at the coroner's inquest. I admit I did nottestify about Frank's knowing Mary very well there, that hasbeen recalled to my mind since I was arrested
  • 0374 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: five blocks from the factory. I got there a few minutes after one. Mr. Frank told Mr. White if I wanted to get out before 3 o'clock, to come on down because he was going to leave and lock the door, that I had better be ready to go as soon as he got his coat and hat. I went on out and as I passed he was sitting in the outside office writing at a table. As I was going on down the steps I saw a negro sitting on a box close
  • 0375 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: tors of this company and myself have had a conference andthought that the public should demand that wehave an inves-tigation made, and endeavor to determine who is responsiblefor this murder," and Mr. Frank then said he had just comefrom police barracks and that Detective Black seemed to sus-pect him of the crime, and he then related to me his move-ments on Saturday, April 26th, in detail. He stated that hearrived at the factory at 8 A.M., that he left the factorybetween 9:30 and 10 with Mr. Darley for Montag Bros. for themail, that he
  • 0376 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: out of the factory, as far as he knew, but on the way out, Mrs. White made the statement that she had seen a negro on the street floor of the building behind the boxes, and Mr. Frank stated that at 1:10 P.M. he left the factory for home to go to luncheon; he arrived at the factory again at 3 P.M., went to work on some financial work and at about four o'clock, the night watchman reported for work, as per Mr. Frank's instructions the previous day; that he allowed Newt Lee to
  • 0377 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: been found. From there we went down and examined the time clock and went through the south aisle and down the ladder into the basement, where I was shown that everything had been found. As to Mr. Frank's manner and deportment at the time we were in his office, he seemed to be perfectly natural. I saw no signs of nervousness. Occasionally between words he seemed to take a deep breath and deep sighs about four or five times. His eyes were very large and piercing. They looked about the same they do now.
  • 0378 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and I saw white smeared where the chips had been cut out andthere were also some dark spots over the chipped out places.It was just as though somebody had taken a cloth and rubbedsome white substance around in a circle, about eight inchesin diam eter. This white stuff covered all of the dark spots.I didn't note any unusual sign of nervousness about Frank inhis office. There wasn't any trembling or anythingof that sort at that time. On Tuesday night, April 29, BlackMr. Frank and myself were together and Mr. Black told Mr.Frank that he
  • 0379 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: took place shortly after midnight, Wednesday, April 30. On Monday afternoon, Frank said to me that the first punch on Newt Lee's slip was 6133 P.M. and his last punch was 3 A.M. Sunday. He didn't say anything at that time about there being any error in Lee's punches. Mr. Black and I took Mr. Frank into custody about 11:30 A.M. Tuesday, April 29th. His hands were quivering very much, he was very pale. On Saturday May 3, I went to Frank's cell at the jail with Black and I asked Mr. Frank if
  • 0380 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: report that to you. I reported the active of our conference. - No, I did not say anything about Mr. Haas wanting us to do anything except locate the murderer. Yes, I talked to you afterwards and you also told me to find the murder, even if it was Frank. Mr. Haas had said to Mr. Pierce and me that he would rather that we submit our reports of evidence to him before we turned it over to the police. No, there was nothing said about not giving this to the police. I testified
  • 0381 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: mention his hanging his head. He always work with thepolice on criminal cases. No, I did not testify before theCoroner about any white stuff having been smeared over thesesupposed blood spots. I am not sure whether I got the state-ment about Mary Phagan being familiar with Gantt from Mr.Darley or Mr. Frank. Mr. Frank was present at the time. Mr.Frank told me when the little girl asked if the metal hadcome back that he said "I don't know." It may be true that Iswore before the Coroner that in answer to that question fromMary
  • 0382 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 48in Mr. Frank's office. He was not there. I didn't see or hear anybody in the building. The door to the metal room was closed. I had on tennis shoes, a yellow hat and a brown rain coat. I looked at the clock on my way up, it was five minutes after twelve and it was ten minutes after twelve when I started out. I had never been in his office before. The door to the metal room is sometimes open and sometimes closed.CROSS EXAMINATION.I didn't look at the clock to see what time
  • 0383 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: factory. That spot was not there Friday. The spot was about 4 or 5 inches in diameter and little spots behind these from the rear--6 or 8 in number. I discovered these between 6:30 and 7 o'clock Monday. It was blood. It looked like some white substance had been wiped over it. We kept potash and haskolene, both white substances, on this floor. This white stuff was smeared over the spots. It looked like it had been smeared with a coarse broom. There was a broom on that floor, leaning up against the wall.
  • 0384 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: in the metal department, then I suggested to search right away;that was the only spot I could tell I could tell it wasblood by looking at it. I can tell the difference betweenblood and other substances. I found the hair some few minutesafterward--about 6 or 8 strands of hair and pretty long.When I left the machine on Friday I left a piece of work inthere. When I got back the piece of work was still there, Ithad not been disturbed. The machine was in the same positionin which I left it Friday night. There
  • 0385 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Next to the ladies' closet they are a lot of different things, mineral paints, barrels, etc, all sorts of things. That's part of the metal room where they are kept. I swept clear up to the doors of the toilets and clear up to the paint shop. It wasn't my duty to sweep where the machines are and where Mary worked but I did sweep there anyhow. I have done that several times before. There were paint spots in several different places up there when I swept up Friday. These blood spots were right
  • 0386 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: paint back in bottles. Of course if a bottle would breakthe paint would get all over the floor. The white stuffthere didn't hide the red at all. You could see it plainly.RE-DIRECT EXAMINATIONThe pencils are painted on the third floor. There isn'tany paint used at all in the factory only in the polishingroom, except on the third floor.B. B. HASLETT, sworn for the state.I went to Mr. Frank's house Monday morning after themurder about 7 o'clock. I went out there and got him andtook him to the station house. He was at the station
  • 0387 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: end out and people that come in and out. As to what I did to the elevator on that Saturday, I didn't do anything except that when Mr. White and Mr. Denham were working on the top floor, I started the elevator up and ripped up a plank for them. The elevator was locked when I sawed that plank for them but when I left it was un- locked. I looked it Friday night when I left there. But I went off from there Saturday and forgot to lock it. When I made that
  • 0388 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ing. Anybody could have walked from the fourth floor tothe second floor all day long; there was no obstruction. Aman at the stairway on the third floor can see the secondfloor in front of the clock. The front doors were unlockedall the morning and they were still unlocked when I left.When Mr. Denham and Mr. White asked me to saw some timber forthem that morning, I went and got the key and unlocked themotor that runs the elevator. I left it unlocked after that.Anybody could have started the elevator running then by throw-ing in
  • 0389 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: that was discovered in the building, hair, blood, and pay envelope. That is what he said to me, I have never seen Mr. Frank speak to Mary Phagan. I was at the factory at 6:30 Saturday morning. I was the first man that got there. Denham and White came in about 7 o'clock and went up on the fourth floor. They were doing some work up there. I had to saw that plank for them. They told me that I would take them until about 8 o'clock. The office boy, Alonzo Mann, 13 or
  • 0390 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 50have two clocks. One runs to 100 and the other runs from 100 to 200. Each employee has a number. That is the reason we have two clocks. When Miss Mattie Smith came in she discovered a mistake about her time by the time she reached the clock. Mr. Frank and Mr. Darley corrected it in the office and then she left. Mr. Frank got back from Montag's about 11 o'clock. He had with him the folder in which he carries his papers. Nobody was with him when he came back. He went right
  • 0391 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Saturday morning and the fact that I moved those planks makes me know that I left the elevator unlocked. The elevator makes a good deal of noise when it starts and when it stops.RE-DIRECT EXAMINATIONI was on the second floor when all of these people came in the factory. Mr. Frank worked on his books until he got ready to go to Montags. I think it was about an hour. I checked freight with a one-legged draymen about 10:30, his wagon was right in front of the door.N. V. DARLEY, sworn for the State.My
  • 0392 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: murder was committed in the basement. Mr. Frank stated thatit looked easy for the staple to be pulled out and Iagreed with him, because the staple looked black and it lookedto me as if it had been pulled out before. On Monday Mr.Frank explained about why he was nervous on Sundaymorning. I heard him speak of the murder numerous times.When we started down the elevator Mr. Frank was nervous,shaking all over. I can't say positively as to whether hiswhole body was shaking or not, but he was shaking. Newt Leeseemed to be composed when
  • 0393 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: no blood spots on 1t. I don't think anybody could answerhow many strands of hair Barrett found. They were woundaround the lever. I don't think there were over 6 or 8 at theoutside. It was pretty hard to tell the color. It is myunderstanding that Barrett has been doing most of the discover-ing done in the building. He has lost quite some time sincethe murder, and buys quite some extras and reads them. Thewhite stuff particularly hid the spots. It looked like therehad been an attempt to hide them, but you could see the
  • 0394 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: factory; the production of the following different kinds of pencils that were produced. There are perhaps 75 or 80 different kinds, besides the special imprint pencils. Mr. Frank had to get all the data from the various departments of the factory, particularly the packing room. The cost of production was estimated most of the time as to the merchandise. The other figures were real figures. Merchandise is bought by the month and he had to figure it up at the end of the month to get the average. To arrive at the profit that
  • 0395 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: is cheap lead or good lead. The 2765 1/2 means 2765 1/2gross. Further on down you find the different items that makeup that figure under the head of wrappers, leads, tips, etc.The next figure is under rubber, 720 gross at 6 1/2 ₵. Thosefigures come from the plugging department or he can get themfrom the goods as they are delivered to the packing room, byknowing the styles and numbers, you can tell whether it is atipped or untipped pencil. You get that from the shippingroom and the other from the metal room. He arrives
  • 0396 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: sheet). There are 24 itemized items, and the word "jobs" impliesI don't know how many different kind of jobs. There are24 different kind of pencils. He puts them there as having beenproduced that week. He got the reports as to the quantity ofeach kind of pencil and had to tabulate all those reports andarrive at the total of each kind. No, I don't think he had tofigure out the cost of production of each kind, but he figuresthe quantity of each kind of pencil and shows its value on thesheet. Starnes and Black and
  • 0397 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 57"Yes." I then asked her how was her father, and she said,"My father is dying, I think". Then she spoke to me aboutgetting some assistance from the office for burial expenses,and she commenced to cry and I walked down the steps with herto the front door. That was about 9:30. Mr. Frank stayed atthe factory until 9:40, when we left together. We went on upto the corner of Hunter and Forsyth, took a drink of sodawaterat Cruickshank's at the corner of Forsyth and Hunter. He leftme then and started towards Montag's. That's the last
  • 0398 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: cloudy most of the day. It was dark there around the elevatoron the first floor and we had big heavy boxes piled up there.One of them must have been almost as large as a piano box. Ifa man got between those boxes, we would have had to hunt tofind him. It is very dark on the second floor between theclock and the metal room. It is dark behind the ladies dress-ing room and on the side next to the ladies toilet. As you goto the stairs from the metal room, it is very dark.
  • 0399 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: me and sent for me one time. The first time I went there, ChiefLanford, Mr. Dorsey, Mr. Stephens and the stenographer wasthere. They all asked me questions, one would ask me aquestion and before I got that answered, another would ask mea question. The next time I went there, Mr. Dorsey, Mr. Starnes,Mr. Campbell and the stenographer were there. Mr.Dorsey did all the questioning this time. When Mr. Frankwas engaged on his work in the factory he was very intent onhis work, very earnest and industrious. I don't think a daypassed at the factory
  • 0400 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: found all over the building for this reason, they write an order, and sometimes fail to get the carbon under it, and other times they have to change the order and tear it out and throw it in the waste basket in the office and from there it gets into the trash. That kind of little pad is used all over the factory. The foreladies make their memorandum on that kind of tablet. You will find them all around. It is one of the biggest wastes around the place. They are all over the
  • 0401 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: it ran over a little child. He came in about 2:30 and he couldn't work any more on his books until a quarter after four. He trembled just as much on that occasion as he did on the Sunday after Mary Phagan was killed. Another time I remember when I went over to the main factory and he and Mr. Montag had a fuse on the fourth floor. Mr. Montag hollered at him considerably and he was very nervous the rest of the evening, he shook and trembled. He says "Mr. Darley I just
  • 0402 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 62is a representation to show a full view from Frank's desk into the hall, as a matter of fact it is a single door, standard size. It looks like it was drawn to open up a space to give as much view as possible out into the hall. The safe is shown to be about half its real size on this picture. On the picture it is shown to be about one-third the width of the door, as a matter of fact it is about the same size. When the safe door is open,
  • 0403 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: was very nervous Tuesday after the extra came out saying thatthey were going to arrest him. That was about 15 or 20 minutesbefore they arrested him. As to who gets up the data for Mr.Frank for the financial sheets, Mr. Loeb sometimes, and Mr.Gantt used to get up some, and Mr. Schiff gets it up sometimes.Mr. Frank got it up himself, sometimes. No, I do not knowthat Mr. Schiff furnished it to him all the time. I never noticedwhether Mr. Lee was nervous or not at any time, but of course, helooked bothered and
  • 0404 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: being scattered around. I have soratoh pads of that shape soatter- ed around even in the basement. That soratoh pad is used all over the factory, everywhere there is a foreman or a forelady. No, not in the area around the elevator there, the trash is carried down- stairs right in front of the boiler, sometimes if they are in a hurry they leave it around the elevator for a little while, and when I go down I make the negro move it to the boiler. It is usually burned. Some of it may
  • 0405 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: - 65 -lady answered the telephone. I got them in a few minutes. Itried to get Mr. Frank again about five o'clock - Central saidshe rang and she couldn't get him. There was some blood onthe girl's underclothes.CROSS EXAMINATION.There was a wound on the left-hand side of the girl's headThe blood was dried up. It was wet right next to the skin.Lee said over the telephone that it was a white girl. Ittook us about three minutes to get to the factory from thepolice station, just as quick as the automobile could get usthere.
  • 0406 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: following answers at the coroner's inquest: "Q. Had you everseen him change that before? A. Well, he put the tape inonce before. Q. When was that? A. I don't know, sir, whenit was, it was one night. Q. How long did it take him thefirst time you ever saw him put the tape on? A. I neverpaid any attention to him. Q. Well, about how long did ittake him, five minutes? A. No, sir, it didn't take himthat long. Q. Did it take him a minute? A. I couldn'ttell exactly how long. Q. How
  • 0407 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Chief Lanford at the end of the statement, xxxxx I wrote the statement out in longhand the same day. I don't remember exactly when.ALBERT MCKNIGHT, Sworn for the State.My wife is Minola McKnight. She cooks for Mrs. Seling. Between 1 and 2 o'clock on Memorial Day I was at the home of Mr. Frank to see my wife. He came in close to 1:30. He did not eat any dinner. He came in, went to the sideboard of the dining room, stayed there a few minutes and then he goes out and catches a
  • 0408 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Birmingham, I told it to Mr. Craven of the Beck & GreggCompany. It was before Minola went down to the jail. Mr.Starnes, Mr. Campbell, Mr. Morse, Mr. Martin and Mr. Dorseyall talked to me. I didn't go down to see Minola at thestation house. I didn't see Mrs. Frank or Mrs. Seling thatSaturday through the mirror. I didn't keep my eye on the mir-ror all the time. I couldn't tell who was in the dining roomwithout looking in the mirror. Mr. Frank got there not laterthan 1130. Mr. Frank came on back to Pulliam
  • 0409 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: when I asked Mr. Frank for Mary's money. Some of the officeforce were there, but I can't recall their name. I worked inthe metal department about two years. I never saw little MaryPhagan in Mr. Frank's office. I don't think Mr. Frank knew myname, he knew my face. It has been some time since I asked forMary's pay by number. I do not believe that I ever saw Mr.Frank speak to Mary Phagan.RE-DIRECT EXAMINATION.I don't know who paid on Friday, April 25th.R. L. WAGGONER, Sworn for the State.I am a city detective. On Tuesday,
  • 0410 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I DON'T know whether it was blood or not. It looked like blood.R. M. LASSITER, Sworn for the State.I am a city policeman. On Sunday morning, April 27th, I found a parasol in the bottom of the elevator shaft. It was lying about the center of the shaft. I also found a ball of rope twine, small wrapping twine, and also something that looked like a person's stool.CROSS EXAMINATION.I noticed evidence of dragging from the elevator in the basement. As I passed the rear door at 12 o'clock, the door was closed. The umbrella
  • 0411 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: told him I was not. He was not there when I went through the factory and when I told him about it, he said I bet you were scared. He walked around this way a little bit and he was kind of shaking like that (illustrating). His fingers were trembling.NELL STANFORD, Sworn for the State (recalled).The door in the rear part of the factory on the second floor on Friday evening was barred. There is no way in the rear of the building to come down to the second floor when the door is
  • 0412 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: some urine on her underclothes and there were some dry bloodsplotches there. The right leg of the drawers were split with aknife or torn right up the seam. Her right eye was very darklook-ed like it was hit before death because it was very much swollen;if it had been hit after death there wouldn't have been any swell-ing. I found a wound 2-1/4 inches on the back of the head. It wasmade before death, because it bled a great deal. The hair was mattedwith blood and was very dry. If it had been made
  • 0413 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DR. CLAUDE SMITH, sworn for the state.I am physician and city bacteriologist and chemist. These chips (exhibit B-State) appear to be the specimen which the detectives brought to my office and which I examined, they had considerable dirt on them and some coloring stain. On one of them I found some blood corpuscles. I do not know whether it was human blood. This shirt (Exhibit B for State) appears to be the same shirt brought to my office by detectives which I examined. I examined spots and it showed blood stain. I got no
  • 0414 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: an inch through the teeth. There was a cord on the left knee, about 2 inches below the knee. There were some superficial scratches on the left and right elbow. There was a cord around the neck and this cord was imbedded into the skin and in my opinion she died from strangulation. This cord (Exhibit "C" for State) looks like the cord that was around her neck. There was swelling on the neck. In my opinion the cord was put on before death. The wound on the back of the head seemed to
  • 0415 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: brain nor the meninge were affected. There was a littlecontusion on the interlining of the skull. There was no bleedingon the brain tissues. I don't know whether it would produceunconsciousness or not. I was never asked before to examinethe inside of anybody's skull to determine the fact whetherdeath or unconsciousness resulted from the wound. It is myimpression that this lick did produce unconsciousness, but Iwon't swear it, I don't know. The hemorrhage which we dis-covered in the skull caused no pressure on the brain. That wasno sign that unconsciousness resulted. Where a person is
  • 0416 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: present when Dr. Harris made the post mortem examination of thisgirl. Cabbage is digested better by some people than others.It depends on the individual- very much. It is considered hardto digest. It depends largely on mastication. You can chew upso thoroughly that it would go down into the stomachalmost a liquid, but it would not be digested until the stomachtook up that chewed mass. It would take a much longer time todigest and assimilate unmasticated cabbage than if it had beenthoroughly chewed. It takes about 3 1/2 hours to digestcabbage properly masticated, and it
  • 0417 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 77Q. (By Mr. Arnold) had been in the child's stomach. A blow onthe back of the head might blacken one or both eyes.RE-DIRECT EXAMINATIONI think excitement could produce flow from the uterus. Idon't think it would cause any discoloration of the walls ofthe vagina except from the blood.DR. H. F. HARRIS, sworn for the State.I am a practicing physician. I made an examination of thebody of Mary Phagan on May 5th. On removing the skull I foundthere was no actual break of the skull, but a little hemorrhageunder the skull, corresponding to the point
  • 0418 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 78mediately beneath the surface and a great deal of hemorrhage in the surrounding tissues. The dilation of the blood vessels indicated to me that the injury had been made in the vagina some little time before death. Perhaps ten to fifteen minutes. It had occurred before death by reason of the fact that these blood vessels were dilated. Inflammation had set in and it takes an appreciable length of time for the process of inflammatory change to begin. There was evidence of violence in the neighborhood of the hymen. Rigor mortis varies so much
  • 0419 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: contents in Mary Phagan's case. It showed plainly that it hadnot begun to dissolve, or only to a very slight degree, andindicated that the process of digestion had not gone on to anyextent at the time that this girl was rendered unconscious. Ifound that the starch she had eaten had undergone practicallyno alteration. The contents taken from the little girl'sstomach was examined chemically and the results showed thatthere were only slight traces of the first action of the diges-tive juices on the starch. It was plainly evident that none ofthe material had gone into
  • 0420 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: sie of each cabbage varies, not only in the plant but from the way it is cooked. It is a very vague matter as to what influences retard digestion. Every individual is almost a law unto himself. To a certain extent different vegetables affect different stomachs different ways, but the average normal stomach digests anything that is eaten within reason. Some authorities claim that exercise will retard digestion. I don't know that mental activity would have very much effect in retarding the digestion. It is the generally accepted opinion that food begins to pass
  • 0421 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: visited the National Pencil Company three, four or five times.I have been in the office of Leo M. Frank two or three times.I have been down in the basement. I don't know whether Mr.Frank knew I was in the basement or not, but he knew I wasthere. I saw Conley there and the night watchman, and he wasnot Conley. There would be some ladies in Mr. Frank's office,sometimes there would be two, and sometimes one. May be theydidn't work in the mornings and they would be there in the eveningCROSS EXAMINATION.I don't recollect the
  • 0422 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 82I lived in Walton County fortytwenty years. I now live right herefrom Walton County. I was absent from Walton County once fortwo or three years and lived in Lawrenceville. I have walkedhim from the factory with Miss Laura Atkins and Miss Smith.RE-DIRECT EXAMINATION.I gave Jim Conley a half dozen or more quarters. I sawMr. Frank in his office in the day time. Mr. Frank had Coca-Colalemon and lime and beer in the office. I never saw the ladiesin his office doing any writing.RECALLED FOR CROSS EXAMINATION.Andrew Dalton is my brother-in-law. John Dalton is afirst
  • 0423 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: S. L. ROS3ER, Sworn for the State.I am a city policeman. On Monday, April 26th, I went out to see Mrs. White. On May 6th or 7th was the first time I knew Mrs. White claimed to have seen a negro at the factory on April 26th. These are the same chips we had at factory. The club was not on floor by elevator the day I searched the place. I had a flashlight and searched for everything. I would have seen it had it been there.CROSS EXAMINATIONI made no inquiry of her about
  • 0424 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: they wanted to chat. When young ladies would come there, Iwould sit down at the first floor and watch the door for him. Icouldn't exactly tell how many times I have watched the floorfor him previous to April 26th, it has been several times thatI watched for him. I don't know who would be there when Iwatched for him, but there would be another young man, anotheryoung lady during the time I was at the door. A lady for himand one for Mr. Frank. Mr. Frank was alone there once, that wasThanksgiving day. I
  • 0425 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: "All right, Mr. Frank, I'll be right here." I don't know howlong he stayed at Montag's. He didn't see anything when hecome back from Montag's, but told me to come on. Mr. Frank comeout Nelson Street and down Forsyth street towards the pencilfactory and I followed right behind. As we passed up there thegrocery store, Albertson Brothers, a young man was up there witha paper sack getting some stuff out of a box on the sidewalk, andhe had his little baby standing by the side of him, and justas Mr. Frank passed by him,
  • 0426 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: time to get out." I says, "All right, I will do just as yousay," and I did as he said. Mr. Frank hit me a little blowon my chest and says, "Now, whatever you do, don't let Mr. Darleysee you." I says, "All right, I won't let him see me." ThenMr. Frank went upstairs and he said, "Remember to keep youreyes open," and I says, "All right, I will Mr. Frank." And Isat there on the box and that was the last I seen of Mr.Frank until up in the day sometime. The first
  • 0427 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: was Miss Mary Perkins, that's what I call her, this lady thatis dead. I don't know her name. After she went upstairs I heardher steps going towards the office and after she went inthe office, I heard two people walking out of the office andgoing like they were coming down the steps, but they didn'tcome down the steps, they went back towards the metal depart-ment. After they went back there, I heard the lady scream, thenI didn't hear no more, and the next person I saw coming inthere was Miss Monteen Stover. She had
  • 0428 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: down, and he says, "Well, that one you say didn't come backdown, she come into my office awhile ago and wanted to knowsomething about her work in my office, and I went back there tosee if the little girl's work had come, and I wanted to be withthe little girl, and she refused me, and I guess I struck her,too hard and she fell and hit her head against something, andI don't know how bad she got hurt, of course you know I ain'tbuilt like other men." The reason he said that was, I
  • 0429 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and he said to go and get a piece of cloth to get around her, and I went and looked around the cotton mill and got a piece of cloth and went back there. The girl was lying flat of her back and her hands were out this way. I put both of her hands down, they went down easily, and rolled her up in the cloth and taken the cloth and tied her up, and started to pick her up, and I looked back a little distance and saw her hat and piece
  • 0430 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: turned around and went on up the ladder, and I noticed her hat and allipper and piece of ribbon and I said, "Mr. Frank, what am I going to do with these things?" and he said, "Just leave them right there," and I taken the things and pitched them over in front of the boiler, and after Mr. Frank had left I goes on over to the elevator and he said, "Come on up and I will catch you on the first floor," and I got on the elevator and started it on to
  • 0431 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: on the table to get a box of cigarettes and a box of matches,and he takes a cigarette and a match and hands me the box ofcigarettes and I lit one and went to smoking and I handed himback the box of cigarettes, and he put it back in his pocket andthen he took them out again and said, "You can have these", andI put them in my pocket, and then he said, "Can you write," andI said, "Yes, sir, a little bit," and he taken his pencil tofix up some notes. I was
  • 0432 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and burn that myself." He looked at me then kind of frightened and he said "Let me see that money" and he took the money back and put 1 t back in his pocket, and I said "Is this the way you do things?" and he said, "You keep your mouth shut, that is all right." And Mr. Frank turned around in his chair and looked at the money and he looked back at me and folded his hands and looked up and said "Why should I hang, I have wealthy people in Brooklyn,"
  • 0433 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the fellow that was with me, "I am going back to Peters Street,"and a Jew across the street that I owed a dime to called me andasked me about it, and I paid him a dime. Then I went onover to Peters Street and stayed there awhile. Then I went homeand I taken fifteen cents out of my pocket and gave a littlegirl a nickel to go and get some sausage and then I gave her adime to go and get some wood, and she stayed so long that whenshe come back I said,
  • 0434 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: giving day. I know the man's name was Mr. Dalton. When I saw Mr. Frank coming towards the factory Saturday morning he had on his raincoat and his usual suit of clothes and an umbrella. Up to Christmas I used to run the elevator, then they put me on the fourth floor to clean up. I cleaned up twice a week on the first floor under Mr. Holloway's directions. The lady I saw in Mr. Frank's office Thanksgiving Day was a tall built lady, heavy weight, she was nice looking, she had on a
  • 0435 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I don't know about spelling "mother." I can spell "papa", I spell it p-a-p-a. I can't spell "rather" or "jury" or "judge" or "stockings." I never did go to school further than the first grade, I went to school about a year. I can spell "day", but not "daylight", I can spell "beer" but not "whiskey", I couldn't read the name "whiskey." No, I can't read any letter on that picture there (Exhibit A--State). I can't figure except with my fingers. I know the figures as far as eight, as far as twelve. I
  • 0436 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 96what they were drawing. I wasn't drawing but $6.05. Snowballwas drawing $6.05. As to who it was I didn't want to see whatI was drawing, there was one named Walter Pride; he's beenthere five years. He said he drew $12.00 a week. Then there wasJoe Pride. He told me he drew $8.40 a week. They were down inthe basement and asked me how much I was drawing. I told themit wasn't none of their business. Then there was a fellownamed Fred. I don't know how much he drew. The next one wasthe fireman. I
  • 0437 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: sometimes that way and sometimes the other way. I would say,"I owe you fifteen cents, I buy three beers, and you owe mefifteen cents, and that be three beers." I say if I would be inthe beer saloon when they come in there, I would do that, but ifI could get out before they saw me, I would be gone. I neverdid know what time the watchman come there on Saturday, or anySaturday. I never have seen the nightwatchman in the factory.I have seen young Mr. Kendrick come and get his money. Healways comes
  • 0438 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Frank would come and tell me I didn't take out that money for the time you lost this week. I don't know on what date he ever did that on. Yes, I always got my money in envelopes. As to how they would know how much to put in the envelope, when I didn't punch, they would come and ask if I was here every time I didn't ring in, and they would ask Mr. Holloway if I was here. If the clock didn't show any punch, they would ask me if I was
  • 0439 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: about half past four. He gave me a quarter and I left and thenhe left. The next Saturday I watched for him near the samething. It was about the last of July or the first of August.The next Saturday I watched for him about twelve o'clock he said"You know what you done for me last Saturday, I want to putyou wise for this Saturday." I said, "All right, what time?"He said, "Oh, about half past." After Mr. Holloway left, Mi ssDaisy Hopkins come on in into the office, Mr. Frank come outof the office,
  • 0440 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: thing to Mr. Herbert or Mr. Darley about what's going on around here."" Next time I watched for him was on Thanksgiving Day. I met Mr. Frank that morning about eight o'clock. He said "A lady will be in here in a little while, me and her are going to chat, I don't want you to do no work, I just want you to watch." In about half an hour the lady come. I didn't know that lady, she didn't work at the factory. I think I saw her in the factory two or
  • 0441 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 101about the middle of January--somewhere about the first or middle. It was right after New Year, one or two, three or four days after. It was on a Saturday. He said a young man and two ladies would be coming. That was that Saturday morning at half past seven. I was standing by the side of Gordon Bailey when he come and told me, and he said, I could make a piece of money off that man. Yes, Snowball could hear what he said. The man and ladies came about half past two or
  • 0442 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: drew my money Thanksgiving Day or not, I don't know how muchI drew. I don't remember what time I got down or what time Ileft. I don't know when I got to the factory the day beforeThanksgiving, or how long I worked there. I don't rememberhow many hours I worked the first Saturday I watched for himor the second, or the third, or Thanksgiving Day. No, I don'tknow how much I drew on those days. The first time I was inprison was in September. The next time was sometime beforeChristmas, I can't remember the
  • 0443 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: niggers in all working in the factory. Snowball, the fireman and me did just plain manual labor, the rest of the negroes had better jobs. Snowball, the fireman and I were the last negroes to get jobs there. We were the new darkies; the others had been working before we went there. Mr. Frank used to laugh and jolly with me. I couldn't tell you the first time he did this. Mr. Darley has seen him jollying me. They would jolly me together. They would play and go on around there with me. It
  • 0444 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: be about twenty-three. I know she was there, in June, because she gave me a note to take down to Mr. Schiff and I remember that because the note had June on it. Mr. Schiff took it and had "June" on it when he read it. He read that note and he read "June" something," it was on the outside of the note. It was on the back of the note. "June" was written on the back of that note. She wrote the note and folded it up and he read "June" on the
  • 0445 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I don't know anything about the plating room. I never have been in Mr. Quinn's office. I have put disinfectants in the ladies and gentlemen closets back there. I wouldn't go inside. I would only go to the door. I stood outside of the door and sprinkled it in them in a little way. Outside of that, and going to Mr. Quinn's office, I have never been on the left hand side of the factory. I have been there where they wash the lead at, and I have stuck bills in Mr. Quinn's office.
  • 0446 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: dollar for the watchman and stuck an extra dollar in my envelo/eand that made $3.75. I don't remember how many beers I drankthat day. Yes, I told Mr. Scott I got up at 9 o'clock thatmorning. That wasn't true. I ate breakfast about seven. Yes,I told Mr. Black I ate at 9:30. That wasn't true. I left myhouse between 7 and 7:30. I told Mr. Scott I left somewherebetween 10 and 10:30. No, that wasn't true. I got to PetersStreet about 25 minutes to 8. I don't know how long I stayedthere. Some things
  • 0447 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 107I told them after I went home at 2:30, I went to Joe Carr'ssaloon and got 15¢ worth of beer. I don't remember tellingthem that I went there between three and four o'clock. Thedetectives talked to me nearly every day after I made my firststatement. Sometimes hours at a time. No, theydidn't cuss me. Yes. I sent for Black on May 24th. When thestatement came out in the papers that's the time I sent for him.As to how I knew it came out in the papers, I heard the boysacross the street hollering extra
  • 0448 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: didn't want them to know that I had written any notes for Mr.Frank. Yes, in that statement I told the officers I was goingto tell the whole truth. I told them that I got up at nine o'clockbecause there was nothing doing at the factory that day at thetime I said I was there at nine o'clock, because he had donetold me where to meet him at. Yes, I told them that I wasgoing to tell the whole truth. Yes, the reason I told them Ileft home at 9 or 9:30, because there was
  • 0449 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: out of jail. I don't know who the detective was I told aboutmy not leaving home at 9 o'clock. Four of them were talkingto me, all at the same time. I think one was Starnes and Camp-bell that I told that to, about changing the time. I don'tremember whether I told them that then that I was going to tell thewhole truth. I told them that after I got out of jail, afterI got back to headquarters. If you tell a story you know you'vegot to change it. A lie won't work, and you
  • 0450 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the corner of Nelson and Forsyth Street before I went to the factory. Yes, I told them I went from Peters Street and met him at the corner of Nelson and Forsyth before I went to the factory. As to why I told them that story, because I did meet him there. No, I didn't go straight from Peters Street to the factory. I met him at the corner of Nelson and Forsyth as I told them. I went straight from Peters street to the pencil factory. I don't remember when the first time
  • 0451 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 111Mr. Frank stomping his foot. I don't know whether I told them at the time I told about helping move the body. I told it to Mr. Scott, Mr. Black, Mr. Campbell, Mr. Starnes and Mr. Dorsey. Mr. Starnes and Mr. Campbell wasn't in there sometimes when I told it. No, I didn't tell it to Mr. Scott and Mr. Black. They dropped the case and Mr. Starnes and Mr. Campbell taken it up. They come down and was talking to me for a month or more in my cell. Yes, I told Mr.
  • 0452 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 118four or five minutes. After Mr. Holloway left, I told them Mr. Quinn came in. I may have told them that a lady dressed in green was the next one. That was a mistake. A lady in green did go up before Mr. Darley came down. She came down before Holloway and Darley left. If I told the officers that she went up after they left, I made a mistake. Mr. Quinn was the next man that went up after Mr. Holloway came down. Yes, I told that yesterday. Yes, I said yesterday Mr.
  • 0453 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: that done the murder. I told them that I saw those four men go up because I didn't think they saw me sitting there, and I didn't tell of seeing the other people for fear they would report on me. The reason why I told the police about those four going up there, because that was all I could remember that went up and down. I don't know when my memory got fresher about other people going up and down. I think it was after I got out of jail. I think I corrected
  • 0454 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: time. It was somewhere after dinner. I can't give you any estimate. It was later than 12 o'clock. It went one o'clock, because it was four minutes to one when I came downstairs and unlocked the door. Yes, I heard the stamping before I locked the door, and I heard the scream before I heard the stamping. After he stamped for me I went and locked the door. I couldn't tell to save my life how long the door stayed locked. I was upstairs between the time I locked the door and the time
  • 0455 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: at the corner of Nelson and Forsyth Street. Before we went to Montag's he said he didn't want to say anything to Mr. Darley that there was going to be a young lady there after a while, and he told me that again after we came back from Montag's. Mr. Frank gave me that signal about stamping and whistling on Thanksgiving Day and he repeated it again that day. I told yesterday how he done it, like I am telling now. I think I am telling the truth now. We had been back from
  • 0456 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: went to sleep after Miss Monteen Stover came down. Thed118know how long I was asleep, may be ten or fifteen minutes. Iheard the scream before I went to sleep, before Monteen Stover.I ever went in there. Mr. Quinn had already gone. I told theofficers I didn't see Mary Phagan go up at all. I didn'ttell them I heard any scream. I don't know when I first toldthat story. I told Mr. Starnes and Mr. Campbell. That wasafter I got out of jail. I said I heard the scream before Iwent to sleep, which I
  • 0457 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: back there and found a cord around her neck. When I looked at the clock it was four minutes to one. That was after I went and seen the girl was dead, and he told me to bring her up there. I was standing at the steps, I could see the clock from there. Then I went back and got a piece of striped bed tick, something like your shirt there, and wrapped it around the little girl. I taken the cloth and spread it down and rolled her up in the cloth and
  • 0458 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: to write to his mother and tell her that I was a good negro.The reason I didn't take the pencil down with the shoes, it wastoo far back for me to see it, I got my hair cut last week. Mylawyer sent me barber. They gave me a bath and bought me cleanclothes. My wife gave me my shirt. I didn't read anynewspapers on Monday about this crime. It don't do me no goodbecause I can't make any out. I didn't try to read any thatday. I washed that shirt on Thursday, May 1st,
  • 0459 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Mill Carson on Monday that I was drunk all day Saturday. I didn't see her at all on Monday. I did tell Mr. Herbert Schiff on Monday that I was afraid to go on the street, that I would give a million dollars if I was a white man. I said if I was a white man I would go on out. I didn't say nothing about no million dollars because I don't know what it takes to make a million. I didn't ask Miss Small on Monday what the extra had in it
  • 0460 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: here if they caught me. He would get me out on bond and send me away. I never saw Mincey before seeing him at the station house in Mr. Lanford's office. I got orders from Mr. Frank to write down how many boxes we needed and give it to him. I didn't tell Mr. Black or Mr. Scott about the mesh bag because they didn't ask me. I disremember when I first told about it. I think it was after I was in jail. I told Mr. Dorsey about it after I came out
  • 0461 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: CROSS EXAMINATION.I told the detective about this as soon as I saw one. I never kept it a secret from anybody. I spoke to Mr. Wade Campbell about seeing the darkey. I didn't tell him that I saw the negro as I went up into the factory about 12 o'clock. I didn't tell him that, when I came down the steps the last time, I didn't see anybody.C. W. MANGUM, sworn for the State.I had a conversation with Mr. Frank at the jail about seeing Conley and confronting him. Conley was on the fourth
  • 0462 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: lounge, sofa, cot or bed in the whole factory. I found twoboxes down in the basement in Clark Woodenware side of olddirty, rotten stuff, too dirty & rotten for a human being torest upon. It's boggy in there. They had on top of them somedirty, filthy, nasty erouse sacks. There is no lounge, bed,sofa or anything of the sort in the metal room. I have neverseen a chair in there. I have never seen any blood under themachine that Barrett claims he found hair on. I never saw anyblood on the place the negro
  • 0463 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Saturday afternoon. I would visit the factory everySaturday afternoon between five and sixto find out how the financial was for the week. I foundMr. Frank in his office on every occasion except the one Ihave mentioned above. Mr. Schiff would help him on thefinancial. A few Saturdays I have gone there and Mr. Schiffwas not there. He may have been on his vacation. I here anddischarge all the help. I come in contact with the help ninetyper cent. more than Mr. Frank. Mr. Frank has nothing todo with employing or discharging them. On Saturdays,
  • 0464 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: He would do this about twice a month. The girls in the packingdepartment did quite some overtime work on Saturday afternoon.RE-DIRECT EXAMINATION.I have made no contribution toward the fund to defendFrank. I don't know anything about Daisy Hopkins' generalcharacter. I don't know who nailed up the door on the ClarkeWooden-ware side. Lots of people have been there all over thefactory. If a body had been slid down the chute, behind thoseboxes, it would have been hidden more than where it was found.The boxes around the chute are piled nearly to the top. Inever noticed
  • 0465 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the outer door towards the clock. I could see half of the oiroleon clock #2. I could not see any of the other clock at all. Theclock and desk could not have been moved without my instructions.The paint is scattered all around. It gets all over the placeand we can't prevent it. We never have washed the metal roomfloor since I have been there. We never found any water or bloodwhere it was said the girl's body was found in the metal depart-ment. The view I got from front door on April 26th, into
  • 0466 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I always stayed around the factory and looked after seeing that nobody came in or out, unless they had business. I never have seen anybody goose Conley. Sometimes I would kick him to make him go on to his work. The door that leads to the Clark Woodenware place never was locked. It was nailed up when the Clark Woodenware moved out of there. I nailed it up myself. It was open on the Monday after the murder. It lead back to a chute in the rear, and to two water closets on the
  • 0467 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ASignals from upstairs. I was obliged to have seen them if he hadwatched the door. I sat mainly in the front of the building soto see that nobody came in the building. I do not recall anySaturday afternoon that Frank and Schiff missed except whenSchiff was off on his vacation. I have never seen any of thembring any women in there or take any out. I have never been sickor missed a single Saturday since last year. I would leaveabout 4:30 Saturday afternoon. I have never seen Dalton in thefactory at all. I wouldn't
  • 0468 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: BThis man Wilson worked on Saturday afternoon most all the time.Oiled up the motor and cleaned it while the factory was closed.Pride, Harry Denham, Charlie Lee, and Fast usually worked thereon Saturday oiling the machinery after they shut down and dif-ferent things. They were not shut off by any doors fromgoing anywhere they wanted in the factory. They were liable tocome down and around there any time. I have never seen thedoors either to the outer or the inner office of Mr. Frank locked.They have got glass fronts in them that you can see
  • 0469 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: like he tried to hide it from me. I picked it up and looked at it carefully and it looked like he didn't want me to look at it at all. The day before that he went out with a pair of overalls corresponding to this blue shirt that he has, and he said he wanted to carry them to a negro at Bloak's candy factory and he had not had time to have gone to the candy factory before he came back and said that they were taking stock over there and would
  • 0470 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Doonvicted he is my negro. I knew about the reward being offered.If I told you that I sometimes left the factory by three o'clockI meant four o'clock. Jim Conley worked regularly at the factoryexcept when he was in the stockade thirty days. Conley regis-tered every morning, but a lots of times he would not register atdinner and sometimes at night. I nailed up the door that leadsinto the Clarke Wooden Ware place on Monday because we never letthat door stand open. Mr. Darley told me to do it. I know itwas not open on
  • 0471 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: GEORGE EPPS. Re-called for Cross Examination.I was present on Sunday after the murder when a gentlemancame to the house and talked to me and my sister about whenwas the last time we had seen Mary Phagan. He didn't ask me,he asked my sister. I wasn't there, I was in the house. Ididn't hear him ask my sister that.HARRY SCOTT. Re-called for State.It took Jim Conley two or three minutes to write out thenotes that I dictated to him.CROSS EXAMINATION.I knew on Monday that Mrs. White claimed she saw a darkeyat the pencil factory. I
  • 0472 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: make him give a confession. We used a little profanity and cussed him. He made that statement after he knew that I knew he could write. We had him for about two or three hours that day. He made another statement on May 24th which was put in writing. (Defendant's Exhibit 37.) He was carried to Mr. Dorsey's office that day and went over the statement with Mr. Dorsey. He still denied that he had seen the little girl the day of the murder. He swore to all that the statements contain. That statement
  • 0473 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 3him. He looked pretty good when he testified here. Frank wasarrested Tuesday morning at about 11:30pm May 29th we had anoth-er- talk with him. Talked with him almost all day. Yes, wepointed out things in his story that were improbable and toldhim he must do better than that. Anything in his story thatlooked to be out of place we told him wouldn't do. After he hadmade his last statement we didn't wish to make any further sugges-tion to him at that time. He then made his last statement onMay 29th(Defendant's Ex.38). He told us
  • 0474 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ing him how to look the door. He did not tell us anything aboutFrank having a cord in his hand at the tip of the steps or thatFrank looked funny about his eyes or that his face was red. Hedidn't tell us that he went back there and found the little girlwith a rope around her neck and a piece of underclothing or thathe went back to Mr. Frank and told him the girl was dead, or thathe wrapped her in a piece of cloth. He said it was a crocus sack.He did not
  • 0475 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I got information as to Conley writing through my operatives while I was out of town.Monday I saw me when I returned. I got no information personally about his being able to write from the Penoil Company people. Personally I did not get information as to Conley's being able to write from Penoil Company. I got it from outside sources, wholly disconnected from the penoil company. As to whom I first communicated anything about Mrs.White's statement about seeing a negro down there, my impression is I told it in my many conversations with Black,
  • 0476 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 6 street and you must go slow. I was relieved at Broad and Marietta by another motorman, but sat down in the same car one seat behind Mary Phagan. Another little girl was sitting in the seat with her. We got to Broad and Hunter about 12:10. Mary and the other little girl both got off and walked to the sidewalk and they wheeled like they were going to turn around on Hunter Street, both of them together. The pencil factory is about a block and a-half from where they got off at Hunter
  • 0477 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 7RE-DIRECT EXAMINATIONI identified Mary's body Sunday afternoon after the murder at the undertaker's. There was no doubt about her being the same girl. I knew her well by sight. She rode on my car lots.RE-CROSS EXAMINATIONI can't tell you whether that is the hat or not she wore.W. H. HOLLIS, Sworn for the defendants.I am a street car conductor. On the 26th of April I was on the English Avenue line. We ran on schedule that day. Mary Phagan got on at Lindsey Street at about 11:50. She is the same girl Identified at
  • 0478 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: She was sitting by herself when I got here. Mary wasn'tbut two or three passengers on the car and there wasn'tanybody sitting with her. If Epps was on the car I don't recol-lect it. I don't recall the name of any other passengers exceptMary Phagan. As to what attracted my attention to Mary gettingon the front end of the car, as a general rule when she wouldcatch our car Mr. Matthews would say to her "You are late today"and sometimes she would come in and remark that she was mad; thatshe was late today
  • 0479 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 9office as Mr. Frank. I took a trip on the road on the first Saturday in January. All of the Company's money except the petty cash was kept over at Montag Bros. office at the general manager's office, Mr. Sig Montag. All mail of the Company is received at Montag Bros. The men in Mr. Montag's office made the deposit of money of the Company. Mr. Frank and I handled the petty cash ranging from $25.00 to $50.00. When we wanted money for the pay roll, we would get a check from Mr. Sig
  • 0480 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 10Saturday morning and also our pay roll which showed on the financial sheet. These reports and the pay roll are necessary to make up the financial sheet. We paid off at Saturday noon. It has been our fixed custom ever since we have been in existence to make up the financial sheet on Saturday. I help Frank make out the financial sheet by getting up part of the data, getting up a sheet that we term the factory record, the number of pencils packed for the week, getting up the time records; I get
  • 0481 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 11often Mrs. Frank would come up to the office on Saturday.I never saw Conley around the office on Saturday afternoon aftertwo o'clock. We never had any women up in the office. I neversaw any there. There is not a bed, cot, lounge or sofa anywherein the building. There is a dirty box with dirty crocus sackson it in the basement on the Clarke Wooden Ware Company side.It is very filthy and dirty down there. I went on the road onthe first Saturday in January, 1913. I got back to the factorythat day about 2:15,
  • 0482 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I paid off the help on Friday, April 25th, from the pay window outside of the office. I remember paying off Helen Ferguson that day. Nobody came up to ask for Mary Phagan's pay. Before any one could get another's envelope, they have to have a note to that effect. There was no reason for anyone to go to Mr. Frank to get their pay Friday, April 25. I was at the window paying off employees. We had posters put up all over the factory announcing that Saturday would be a legal holiday and
  • 0483 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 13.shows it below the time clock near and where the staircase is. The door entering into the Clarke Wooden Ware place was open two or three days after the murder. The door was previously locked. There is a hole back there through which waste is thrown down. It is an open hole. There is no lid to it. It is big enough for the body of a girl of the size of Mary Phagan to go through. If a body was thrown down it, it would roll down and stop on the platform. Mr.
  • 0484 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 14He has to put that down under the number of pencils that shows on this sheet. He has to calculate and have a separate report as to each kind of pencil, and then add them up. We manufacture over a hundred kind of pencils. That week we dealt with about thirty-five different kinds. To do this you have to add, multiply, classify and separate each pencil into a different class. The next item appearing on the financial sheet is "slats", 2719. In calculating that he had to calculate the number of gross slats used,
  • 0485 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 15number had for that week. The next item "Wrappers" requires calculation because every dozen pencils takes a wrapper. People sometimes want them packed in tissue paper and he has to know which pencils are packed. He has got to go through all the pencils to determine which took wrappers and which did not. Our pencil production averaged 2900 to 3000 gross per week. A gross is 144. The next item is "skeletons". Skeleton is a card board with a little place in it where six pencils go on one side and six on the
  • 0486 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 16.been over carefully the calculations in it and it represents approximately the operations of the factory for six weeks. We did not do any of the work on that sheet on Friday. I think it would take about three hours to go through the calculations and complete that sheet. That was our average time. There is no difference in the handwriting of Mr. Frank in the financial sheet of April 26th, from that of the week previous. It is just the same. The financial sheets are all kept in this book here (Defendant's Ex.
  • 0487 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 17essary to make up the sheet. The sheet here headed "Comparison 191201913" (Defendant's Ex. "11") is made up by Mr. Frank to show the difference between one week of this year and the same week of last year and in making that up he has to take the financial sheet that he made this year and turn to the financial sheet that he made last year for the same week and compare them. This is the comparison sheet he made on Saturday. It is dated April 24th, 1913. (Defendant's Ex. "11"). The requisition and
  • 0488 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 18The next item he entered was "House order 7188,F.W.WOOLWORTH, Store 68, Terre Haute Ind." That was to be filed at once. He would send an acknowledgement card for every order we received. If the order wasn't understood, he would write. The next item he entered was "House order 7189 Woolworth Store 53,Logansport,Ind." to be shipped at once, received on 4-36-13". He figured that order out and entered it. The next order is "House order 7190, store 55 DeKalb, Ill. received 4-26-13, ship at once". The next order 14 "House order 7191, store 35 Wilkesbarre,
  • 0489 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (Defendant's exhibits 25,26,27,28,29,30,31,32,33,34,35) are in Mr.Frank's handwriting and are O.K. by me when I check it, which meansthat we ship the goods. All of the goods called for by these ordershave been shipped out by me after being O.K.'d with the exceptionof the order of R.E. Kindell and Company 7197 (Defendant's exhibit34), which was cancelled by letter. None of these orders were atthe pencil company factory when I left there Friday night, and theywere there when I got back on Monday. The work of looking overthe orders and intering them in the order book
  • 0490 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: find any mesh bag or pocket book. I was Mr. Frank constantly while he was at the factory on the Tuesday morning after the murder. He did not speak to the negro Conley that day. Today we tried to open up the factory, but every body was so excited that we couldn't do any work. The girls were standing around, crying. We had to suspend. As I went out of the shipping room that morning, I saw Conley standing at the back of the room. I said "what are you doing here?" He says:
  • 0491 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 31the detectives got to the factory,Frank was at the Station House. He wastherenearly all morning. He phoned me first about twelve o'clock, and then again about twelve thirty. He wanted to see if wecould not injustice to all the employees try to sift this thingdown, and he suggested getting the Pinkerton. He phoned againnear one o'clock. Mr.Frank spoke about his nervousness. He didn'ttalk a great deal about it. He may have spoken to me one or twiceabout it. I think one time he explained to me how terrible thegirl looked and the other time
  • 0492 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: when I left Friday night. I left Friday night at half past six. I didn't go to the factory on Saturday morning. I have never timed Mr.Frank entering those orders. I said I guess it would take him thirty minutes to actually enter them. After entering them he mu-st transcribe and acknowledge them. The initials "H.H" on these orders(Defendant's exhibits 14,15,16,17,18,19,20,21,22,23,24), means Miss Hattie Hall, the stenographer. "H.G.S." on these regulations (Defendant's exhibit 25 to 35 inclusive) are my initials, means that I checked the order and O.K.'d it and its gone. Miss Hattie
  • 0493 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 23but you got three sheets to get them from,one line on all threesheets and the total,making six lines altogether. It is not easyto say how long that would take. It is merely looking at those thingsand putting them down,you have got to over it,and get the differentclasses of goods that we pack and take it and put it under the headof the specialty,that is the head of the class of goods manufac-tured that week. You must have the slat record. I haven't got theslat record here. It certainly is different from this. It comesfrom
  • 0494 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: It is true that he could have done all of the work in two hours and a half. I didn't hear him say that he could have done it in an hour and a half. The work that have just been over and the entries in the book and the letters that he dictated to the stenographer is the sum total of all the work that I have seen done on the books in the office on April 26th. Mr. Frank and I were not paid off on the 25th, or 26th. In addition
  • 0495 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I say he did work on the average sheet on Saturday because those orders came in that day. I know they could not have been entered the Thursday before and that they were entered in fact Saturday because I had gone over the orders and find that they average the same thing that he has got on the average sheet. None of the orders came in the factory before Saturday morning because they were not there Friday night when I left. I am sure of that. I have never known Mr. Frank to leave
  • 0496 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 26B'nai B'rith affair, which Mr.Frank went to and I helped himcarry his packages to the car. As far as my remembering every Saturdaythat I have been there for six months previous, I have never lost aday from the factory since I have been there with the exception ofmy vacation. I was with Mr.Frank until half past twelve on Thanks-giving Day, when I left him at the corner of Mitchell and Alabama,where he caught a Washington Street car. I don't know what he didthat afternoon. I do know that I remained at the factory everySaturday
  • 0497 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: it by the whistle in back of us every day at twelve o'clock. We don't set it every time we hear the whistle- though. We have had unreliable people at the factory. We give them a trial. I knew that Conley was unreliable a good while ago. Found it out the first time I ever spoke to him. When we found that we couldn't trust him we took him off the elevator. Mr. Darley and I did it. We didn't take it up with Frank. Girls in the factory have told me about his
  • 0498 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: REDIRECT EXAMINATION. When I stated that it took two and a half hours to three hours to make up the financial sheet, I meant with out any interruptions. We have quite a few interruptions on Saturdays, salesmen drop in, draymen and people come in, for their envelopes after we have paid off. When I said to Mr.Dorsey that he might do the work from 8.30 to 10.30, I had reference purely to the financial sheet, making the entries in the house order book, requisitions and dictating the correspondence, I did not include. The correspondence
  • 0499 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 29nature for a jeweler for a watch. The detectives found the information by coming to the factory. The negroes always ate in the basement. Conley was familiar with the basement. Mr. Dorsey subpoenaed me to his office, he subpoenaed some of the others. I think he phoned to me. Empty sacks are usually moved a few hours after they are taken off the cotton.BE CROSS EXAMINATION. I had no objection to coming to your (Mr. Dorsey's) office. I offered to assist you in any way I could. No, it was not Mr. Frank's custom
  • 0500 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: JOKL C. HUNTER, Sworn for the defendant.I am a public accountant, engaged in the profession ten or fifteen years. I have examined the financial sheet said to be made by Leo M. Frank. I examined a copy and then checked it against the original. In order to find out how long it would take a person to make out these reports, I went through the calculations. I did not make out the sheets. I verified the extensions and calculations on the financial sheet (Defendant's exhibit 24). I found them correct within a decimal. There
  • 0501 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: estimate, I have tried to make my figures sufficiently conservative to make allowance for a man in charge of the work. I have tried to show it done in the quickest possible time. I think it will be wonderful to make it in less time than that. I think a man who could make it out and verify it as well as went along, it would take the whole afternoon.C. R. POLLARD. Sworn for the defendant.I am an expert accountant. I was called into this matter for the purpose of seeing the length of
  • 0502 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: total $396.75, instead of $386.29.RE-DIRECT EXAMINATION. In making out this sheet Mr. Frank had to make about 40 multiplications and 50 additions. The mistake is not a serious one.HERBERT G. SCHIFF. Recalled for cross examination.The books show that $4 was loaned to Arthur White. I made the entry in the book. The $2. was for what Mr. Frank loaned him that day and $2.00 I loaned him the middle of next week. As to where the entry is that Mr. Frank lent Arthur White $2. these slips are not kept after we tear it
  • 0503 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: That was about half an hour before he came over to Montag Bros. I had called him up to get a duplicate bill of lading and in the course of the conversation, I asked him if he would need me over there that morning, on account of his having an inexperienced stenographer over there, I had been going over there all during the month of April on that account. He said "Please come over I have some work for you to do". It was 20 or 30 minutes after that that he came over
  • 0504 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ...requisition sheets. The entering of the requisition was done after I acknowledged the orders, because when they enter them the house order number is put on them when they are put in the book and there was no house order number when I acknowledged them. Therefore, it had to be done afterwards. The requisition sheets are not made out until they are entered on the house order book and then acknowledged and then the requisition sheets are made. These eight letters (defendant's exhibit 8) were dictated to me Saturday morning by Mr. Frank and
  • 0505 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: writing about two minutes after he finished dictating the letters. I don't know how long it took me to write them. I am not a very rapid typist. During the time I was writing, Mr.Frank was in the inside office, except when he came out to talk to Mrs. White and came to the door with those men. After typing them, I took them into him to sign. He folded the letters and put them in the envelopes himself. He did not ask me to stay until he looked over the letters. As to
  • 0506 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 26data, that he couldn't fix the financial sheet until Mr.Schiffgot up the data, and he had Alonzo Mann telephone him to come overover there to do it, but Mr.Schiff didn't come while I was thereI said at the coroner's inquest that I didn't see Mr.Frank work-ing on any of these books that day. He was in the outer of-fice and he was in the inner office. There wasn't any such look-ing sheet as the financial on his desk, when I was in there hewas at work on a pile of letters and things like
  • 0507 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: to two men between the outer office and the clock. He was dis-missing those two men when we came in there. White and the stenographer were in the office then also. As we were going up the steps,Mr.Frank called to Mrs.Freeman to tell Arthur White to come down thathis wife wanted to see him. On the fourth floor we saw May Barrett,Arthur White and Harry Denham. When we left the factory, the foll-owing people were still there: Arthur White, Mrs.White, MayBarrett, her daughter, Harry Denham, the stenographer and Mr. Frank.CROSS EXAMINATION. We met Mr.
  • 0508 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: from my department. It covers all the different classes of work where the goods were finished.CROSS EXAMINATION. I always turn those reports in Friday night or early Saturday morning. They don't touch Friday's work.MISS MAGNOLIA KENNEDY, sworn for the defendant.I have been working for the pencil factory for about four years, in the metal department. I drew my pay on Friday, April 25, from Mr. Schiff at the pay window. Helen Ferguson was there when I went up there. I was behind her and had my hand on her shoulder. Mr. Frank was not
  • 0509 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: WADE CAMPBELL, Sworn for the defendantsI have been working for the pencil factory for about a year and a half. I had a conversation with my sister, Mrs. Arthur White, on Monday April 28th. She told me that she had seen a negro sitting at the elevator shaft when she went in the factory at twelve o'clock on Saturday and that as she came out at 12:30, she heard low voices, but couldn't see anybody. On April 26, I got to the factory about 9:30. Mr. Frank was in his outer office. He was
  • 0510 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: extra, but I don't know what paper it was. I knew that he could write because I had seen him do it several times, with pen and ink. I don't know whether he was making up his reports of boxes, but I have seen him writing. Yes, I have seen spots along the route from the ladies closet to the elevator ever since I have been there. They have red varnish and red paint and such things like that that look like blood. I am sure there are spots all around in the metal
  • 0511 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: LEMOIE QUINN, Sworn for the Defendant:I am foreman of the metal department. Barrett pointed outto me where he claimed to have found blood spots on the met-al room floor. He asked me whether I thought that he (Barrett)would get the reward if Frank were convicted. He told me thatseveral people told him that he had a good chance to get the re-ward. He said a fellow told him that he would get $2700 onetime and $4500 the other time. He mentioned that reward to meon several occasions. The floor on the metal room is
  • 0512 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: were out of material and she was laid off for the rest of theweek. I have never seen Mr. Frank speak to her. I went tothe factory on April 26th, to see Mr. Schiff. He was not there.I often go to the factory on Saturdays and holidays. The streetdoors were open when I got there. I did not see Mary Phagan, norJim Conley, nor Montie Stover. The doors to Mr. Frank's innerand outer office were open. The time I reached Mr. Frank'soffice was about 12:20. I saw Mr. Frank on Sunday at Bloomfield'sundertaking establishment
  • 0513 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: mention it at the coroner's inquest. This was Tuesday after-noon. I told you in the statement I gave you that I could notswear positively as to the time I was at the factory. I said Igot to the pool room between 12:20 and 12:30. I had been up inthe factory before I met Newt, Freeman and Miss Hall at the BusyBee. I was in the office and saw Mr. Frank between 12:20 and12:25. At the time I made the statement to you that I was there-between 12:00 and 12:05 I had reckoned the time
  • 0514 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: have been as early as twenty minutes after 12 that I got to the factory, because I had reckoned my time down from leaving home and the number of stops, and I said that it have been between 12:20 and 12:25.HARRY DENHAM, Sworn for the Defendant.I work on the fourth floor of the pencil factory. I was paid off Friday, April 25. I came back Saturday to do some work. Mr.Darley asked me to come back. I had to work on the machinery when it was not running. It was the only time I
  • 0515 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I left at ten minutes after three, I saw Mr. Frank. Mr. White and I came down together. Before we went out, Mr. Frank came up- stairs about three o'clock and asked was we getting out, and we told him we were getting ready to go right now. We were washing right then. When we came out we saw Mr. Frank at his desk in his office writing. Mr. White borrowed $2 from him. He did not look nervous or unusual. You can look down from the landing on the third floor and see
  • 0516 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 65ing his hands together. We left McKnight in the factory when we left there two blocks before they saidMINOLA McKNIGHT (c) Sworn for the defendant:I work for Mrs. Selig. I cook for her. Mr. and Mrs. Frank live with Mr. and Mrs. Selig. His wife is Mrs. Selig's daughter. I cooked breakfast for the family on April 26th. Mr. Frank finished his breakfast a little after eleven o'clock. Mr. Frank came to dinner about 20 minutes after one o'clock. That was not the dinner hour, but Mrs. Frank and Mrs. Selig were going off
  • 0517 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 7and made me sign something before they would let me loose, but itwasn't true. I signed it to get out of jail, because they saidthey would not let me out. It was all written out for me beforethey made me sign it.CROSS-EXAMINATION.I signed that statement (State's Exhibit "J"), but I didn'ttell you some of the things you got in there. I didn't say heleft home about three o'clock. I said somewhere about two.I did not say he was not there at one o'clock. Mr. Graves andMr. Pickett, of Beck & Gregg Hardware Co., came
  • 0518 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: KEIL SELIG. Sworn for the defense.I am Mr. Frank's father-in-law. My wife and I live with Mr. Frank and his wife. The kitchen in our house is next to the dining room. There is a small passage way between them. The sideboard in the dining room is in the same position now, as it has always been. Mr. Frank took breakfast before I did on April 26th and left the house before I breakfasted. I got back home to dinner at about 11:15. My wife and Mrs. Frank were eating then. They told me
  • 0519 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Our party broke up about half past eleven. I did not hear the telephoning early Sunday morning, I had the scratches on Frank Sunday morning.CROSS EXAMINATION.I have never seen the servants move that sideboard. I say it was about 1:20 when Mr. Frank came home to lunch, because I left town about 1:10. The car reaches our corner between 1:10 and 1:20. I got home a little after one, about 1:10. Mr. Frank may have laid down and taken a nap after dinner. I don't know. I laid down and took a nap. Mr.
  • 0520 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: quarter past seven. We played cards that night in the dining room with a party of friends. Mr. Frank and his wife did not play. They do not play poker. They play bridge. He was sitting in the hall reading. Mr. Frank answered the doorbell and let in some of the guests. He came in once while we was playing cards to tell us about a joke that he had read about an umpire and he laughed out very heartily. He went to bed between ten and ten thirty. He told us all goodnight
  • 0521 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 311.RE-DIRECT EXAMINATION.My health is bad and I am under care to hear much of the facts of the crime at the time. I was operated on the next day. Mr. Frank spared my feelings. These are the clothes Mr. Frank wore on April 26th (Defendant's Exhibit 49).MISS HELEN KERNS Sworn for the defendant.I work for the Dodson Medicine Company as stenographer. My father works for Montag. I took shorthand under Professor Briscoe last winter. I have seen Mr. Frank in his factory. I went there with Professor Briscoe to get a job. I didn't
  • 0522 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: until almost three o'clock. There was plenty of room on that corner. I stood there from five minutes after one until twenty minutes after me. After I met my friend we went back to Kress. I did not speak to Mr. Frank. He was standing up against the building up Alabama Street. It was not real crowded up Alabama Street. You could not stand in the middle of the sidewalk. I got a clear view of Mr. Frank. I don't think he saw me. I don't think he would have recognized me because he
  • 0523 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: CROSS EXAMINATIONI noticed that Mr. Frank got off at 1120, because I was looking at the clock. I was waiting the car for my son. I had already had lunch. I could not wait for him. He tried to get me over the phone but could not reach me. The reason I knew it was that time I was looking at my clock and noting the cars as they passed and my son had not come yet. That was the only reason I would have noticed it.RE-DIRECT EXAMINATIONMy childred on Memorial Day instead of
  • 0524 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: to speak to me. 367 Washington street is three doors above Georgia Avenue. I saw him take the car at the corner of Glenn and Washington St.JEROME MICHAEL, Sworn for the defendant.I live in Athens, I was in Atlanta on April 26th. I took dinner at Mrs. Wolfsheimer's residence at 367 Washington Street. I saw Mr. Frank upon that day between five minutes to 2 and 2 o'clock. I know it was that time because I had an engagement with a young lady and I had a watch in my hand most of the
  • 0525 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 15CROSS EXAMINATIONThe time is fixed in my mind because we ate dinner about half past one and we had just finished. I was not looking for any scratches or bruises, but I certainly would have seen them if they had been there. I was close enough to him to have seen him.JULIAN LOEB Sworn for the defendantsI live at 380 Washington Street, across the street from the Wolfheimer residence. I am a cousin of Mrs. Frank. I saw Mr. Frank on April 26th in front of the Wolfheimer residence. I was there when he
  • 0526 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 16recognized his machine. It was going down the street. I recognized it by the dark color. It's park light in front of the car so close as to hit the car and that's what called it to my attention. The top of the machine was up and the sides were open. The car was a dark maroon color and seats from four to seven passengers. I don't know the number of it. I just saw a dark maroon car. I found out afterwards that it was Mrs. Hinchey's. I only noticed that particular automobile
  • 0527 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 17was very thick. I have been to see Mr. Frank once in jail. Imentioned to him that I saw him that day. Mr. Frank and I wereonly business friends. We have had pleasant business transac-tions and also controversies. I did not go to jail to talkit over with him. I went there because I had been knowing himfor five or six years and was interested in him, because he wasimplicated in the case. We were not personal friends, but havehad a great many business dealings with each other and I naturallyfelt an interest in
  • 0528 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 18CROSS EXAMINATION.He made that remark to me about 8 o'clock Monday morning and I went right back and told my mother of it. The elevator makes enough noise to know it is running. You don't notice it when the machinery is running. You wouldn't know whether it was running or not unless your attention is directed to it. I had looked at the clock five minutes before I saw Mr. Frank in front of Rich's. I had just looked at the clock also before I saw him going into Jacob's. I am certain of
  • 0529 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: On Wednesday I said the same thing and he answered the same thing.On Thursday when I said that to him again he said, "No, I ain'tdone nothing." I said, "Jim, you know Mr. Frank never did that,"and he says, "No, Mr. Frank is as innocent as you is, and I knowyou is." I said, "Jim, whenever they find the murderer of MaryPhagan it's going to be that nigger that was sitting near the ele-vator when Mrs. White went upstairs. He laid his broom down thenand went out." I would not believe Conley on oath.CROSS
  • 0530 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: or doing anything of that sort. I did not go down and see blood on second floor near dressing room.MISS MARY PIRK, sworn for the defendant.I am one of the foreladies working at the National Pencil Co. I am at the head of the polishing department. I have been there about five years. I talked with Jim Conley Monday morning after the murder. I accused him of the murder. He took his broom and walked right out of the office and I have never seen him since. His character for truth and for veracity
  • 0531 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: a single thing immoral that he did do in those five years. I have never heard of his going in the girls' dressing room. I have never heard of his slapping girls as he would go by. I have never heard Mr. Frank talk to Mary. I have never heard of the time Mr. Frank had her off in the corner there when she was trying to go back to work.DIRECT EXAMINATIONMRS DORA SMALL Sworn for the defendant.I worked on the fourth floor of the pencil factory for five years. I saw Jim Conley
  • 0532 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: It was before this murder took place. I did not see Mrs. Carson talk to Jim on Tuesday or Wednesday. I saw I worked in one end of the building and I worked in the other. I saw Mr. Frank and Miss Carson talking business between eight and nine o'clock on Tuesday. They stopped right in front of my machine. Mr. Frank went downstairs and Miss Carson went on back to her work. He used to come up there frequently. Conley was standing at the elevator. He was standing with his hand on a
  • 0533 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 23As he read it he kinder grinned. He told me he believed Mr.Frank was just as innocent as the angels from Heaven. Iknow his general character. He was never known totellthe truth.I would not believe him on oath.CROSS EXAMINATIONI saw the dark red spots by the water cooler in the metalroom where they had chipped up something. Something white wasdropped all over it. The spots did not look like they had beensmeared over. Looked like a plain drop of blood. I think itwas paint because there was paint used there all the time. Theyasked
  • 0534 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 24about half past ten. It sounded like a boy's voice. It said,"Tell Mr. Schiff Mr. Frank wanted him at his office." Mr. Schiffwas asleep at the time. I waked him up and he said, "Tell Mr.Frank I will be there as soon as I can get dressed." And I re-peated the message to the boy and told him what Mr. Schiff said.Then Mr. Schiff went back to sleep again. The same voice calledup Mr. Schiff again about eleven o'clock. Said he wanted Mr.Schiff to come down to the office. Mr. Schiff told me to
  • 0535 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 25He wasn't nervous or excited so far as I could see. Nothing unusual about him. Don't know what they were laughing about.J. C. MATTHEWS Sworn for the defendants.I was at Montag Brothers on April 26th. I saw Mr. Frank in the office of Montag Bros. in the morning of that day. I couldn't give you the exact time. I work at Montag Bros.
  • 0536 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ALONZO MANN, Sworn for the defendant.I am office boy at the National Pencil Company. I began working there April 1st, 1913. I sit sometimes in the outer office and stand around in the outer hall. I left the factory about half past eleven on April 26th. When I left there Miss Hall, the stenographer from Montag, was in the office with Mr.Frank. Mr.Frank told me to phone to Mr. Schiff and tell him to come down. I telephoned him, but the girl answered the phone and said he hadn't got up yet.I telephoned once.
  • 0537 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I didn't think she should go until she finished Mr.Montag's mail. He said something she then about her coming over in the afternoon, and I said I didn't think she ought to work over there as it wasn't her work, and I told her not to do it, but I told her if she got through with Mr.Montag's mail, she could go over there that morning and help him, if she could assist him in anyway.CROSS EXAMINATION. I have never seen Frank write any of the documents which I say are in his handwriting.
  • 0538 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: two important orders as to their shipments and he replied that hecouldn't tell whether they had been shipped or not, but that if Iwould return to the factory with him he would show me the duplicateinvoices and let me see for myself. I replied that I would not havetime to go back, as I had lots of orders. He says: "If you can'tcome now, come this afternoon." And then he walked in to Mr.Montag'soffice, and as he went into the office he said "Come up now, or comeup after dinner."CROSS EXAMINATION. I saw Frank
  • 0539 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: look at it. It had numbers of pencils and prices on it. That letter was read in Hotel MoAlpin, in Mr.Mose Frank's room. As to what relatives Mr.Frank has in Brooklyn, my brother-in-law Mr.Bennett is a clerk at $18 a week. My son-in-law Mr.Schwartz is in the retail cigar business. As to what my means of support are, we have about $20,000, out at interest, my husband and I, at six per cent. We own the house we live in. We have a $6,000.mortgage on it. The house is worth about $10,000. My husband
  • 0540 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: C. F. URBANACH, Sworn for the defendant,/I married a sister of Mrs.Leo Frank. I phoned him on Friday and asked him if he would go to the baseball game Saturday. He said he didn't know, he might go and would phone me later and let me know. On Saturday when I got home about twenty minutes to two my cook told me that Mr.Frank had phoned and told me that he wasn't going to the game. I saw him on Sunday, after the murder, at my house. I saw no scratches marks or bruises
  • 0541 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: CROSS EXAMINATION. On Sunday, Mr. Frank when he was at the house told us he had been called downtown and that this little girl was murdered, and he told what a horrible crime it was. He did not say who committed it. He said nothing about employing a lawyer. He said nothing about how he slept the night before. I think he told about being at the undertakers in the afternoon. I did not hear him say anything about his visit to the undertakers in the morning. He said he had been taken down
  • 0542 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: MRS. A. E. MARCUS, sworn for the defendant.I am a sister of Mrs. Leo M. Frank. I played cards Saturday night at Mrs. Selig's. Mr. Frank was there sitting out in the hall reading, and Mrs. Frank was going in and out of the room. Mr. Frank went to bed after ten o'clock. I noticed nothing unusual about him, no bruises, marks or signs.CROSS EXAMINATION. He came in one time and told us something funny about a baseball joke. We were still playing when he went to bed.MRS. H. MARCUS, sworn for the defendant.I
  • 0543 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: after I got there. His wife went to bed soon afterwards.MRS.EMIL SELIG, Recalled for the defendant.(Witness denies categorically that any of the contents ofMinola McKnight's affidavit (Defendant's exhibit J)are true.) I have neverraised Minola's wages one penny since she has been with me.CROSS EXAMINATION. I didn't see Albert McKnight at my house on Sat-urday. He has been to the house two or three times. I was in bedwhen Mr.and Mrs.Frank went down stairs Sunday morning in responseto the ringing of the telephone. Mr.Frank got home about eleveno'clock Sunday morning and then ate his breakfast.
  • 0544 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: vous than we were about the murder when we saw him that morning. I was very much agitated and trembled. My wife commenced to cry and was very nervous. I saw no marks, scratches or discolorations of any sort on his face, and there were no spots on his clothing. I went to the factory that morning and made a general examination, in -cluding the metal room. We saw nothing on the floor. Frank was very much agitated and nervous when he told us about the occurr-ence. We have a great many accidents in
  • 0545 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: when he was at my house Sunday morning. He had already been to the undertakers. He told me they had taken him into a dark room and flashed on a light, and he said he saw the little girl there. He described how she looked. He said her face was scratched and her eye was discolored, and she seemed to have a gash in her head. Her mouth was full of sawdust and he described her in a general way. He did not call my attention to his being nervous. He did not say
  • 0546 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I would be sometimes there so late the shipping olerk would be gone. I have never found the front door looked on a Saturday afternoon.I have never seen Jim Conley watching there Saturday afternoon. I have never seen him guarding the door. I have never seen him around the factory at all Saturday afternoon. I have never found the doors to Mr.Frank's inner or outer office looked. Both doors have glass windows in them. Anybody could see through them. I have sometimes found Mr. Schiff working there with Mr.Frank on Saturday afternoon. I did
  • 0547 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I would stay in the outer office. I never left the factory on Saturday afternoon. I have never known Mr.Frank to have any women in his office drinking or doing anything else.CROSS EXAMINATION. I never stayed in the factory Saturday afternoon in the Summer months. Every other Saturday afternoon then I got off at one o'clock. No I don't know anything about Mr.Schiff and Mr. Frank and others taking women down the alley on Forsyth St. and around the back door. He said did not have any women in the factory when I was
  • 0548 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: PHILIP CHAMBERS, Sworn for the defendant.I am 15 years old. I started working for them Dec.13,1912, as office boy at the pencil factory. I left there March 29,1913. I stayed in the outer office. On Saturdays I stayed until 4.30 and sometimes until 5 o'clock. I never left before 4.30 on Saturdays. I would go to dinner about 1.30 and get back at 3. Sometimes on Saturdays I would be sent to Montag for 15 minutes, to get the mail. I would sometimes go out to the Bell St plant to send the payroll
  • 0549 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: CHARLIE LEE, Sworn for the defendant,I am a machinist at the pencil factory. I remember the accident to Duffy in the metal room. His finger was hurt on the eyelet machine, about Oct.4,1912. It bled freely and the blood spouted out. There was a lot of the blood on the floor. He went down the hall to the office, by the ladies dressing room. There was blood at that point. Gilbert also got hurt in the metal room last year. He was bandaged in the office also. In going from the metal room to
  • 0550 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The employees used the back stairs stairs leading from the metalroom to the third floor. You can hear the elevator running if themachinery is not running. It makes a roaring noise and you can hearit on any floor. The motor makes a noise, and you can see the wheelsmoving on the fourth floor. I know Jim Conley's general characterfor truth and veracity, it is bad. I would not believe him on oath,I wouldn't believe him on oath, because him and his whole familylied to me.CROSS EXAMINATION. I never associated with Jim. No. I ain't
  • 0551 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: to see Mrs. Taylor, who lived with him then. That was the only placeI have ever seen him. I never have been to the factory on Saturdayor any other day. I never introduced him to Mr.Frank. There isn'ta word of truth in that. I have never gone down in the basement withthis fellow,Dalton. I don't even know where the basement is at all.I have never been anywhere in the factory, except at my work.CROSS EXAMINATION. I have never been in jail.Mr.W.M.Smith got me outof jail. Somebody told a tale on me, that's why I
  • 0552 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Penoll Company on Saturdays. Since that time I have worked off and on at the factory on Saturdays doing extra work. I have also been up to the office Saturday afternoons, frequently during the past twelve months. I was there while Mr. Sohiff was off on his trip. I was up at the office on the Saturday afternoon after Mr. Sohiff went away. Mr. Holloway, Mr. Sohiff, Mr. Frank and the office boy were there. I have never seen any women in Mr. Frank's office on the Saturdays I have been there.CROSS EXAMINATION. I
  • 0553 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: never,at any time,heard Mr.Frank ask Conley to come back on anySaturday. I have never seen Mr.Frank bring in any women into thefactory. I have never seen Jim Conley guarding or watching the door.I have never seen Jim take newspapers and look at it, but I don'tknow if he read them or not. I have seen him read papers at thestation house like he was reading them.CROSS EXAMINATIONI was arrested Monday,April 33th,about half pastnine. I saw Mr.Frank before I was arrested. He was on the secondfloor.HENRY SMITH,Sworn for the defendant.I work at the pencil factory
  • 0554 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Rosser. He considered Scott as working for the city. He included Scott with the rest of the detectives. Mr. Frank looked very much disappointed because the Grand Jury had just ignored him when he expected to be cleared. Mr. Frank has a great many friends who constantly visited him in jail.NATHAN GOPIAN. Sworn for the defendant.I remember last Thanksgiving Day was a very disagreeable day. I don't remember whether it snowed. The B'nai B'rith is a charitable organization here composed of young men. They gave a dance out at the Jewish Orphans Home Thanksgiving
  • 0555 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Just sweep 14* np. I was at the undertakers Sunday afternoon twoo'clock when Frank was there. Mr.Quinn,Mr.Zeganki,Mr.Darley and Mr.Schiff were there. I looked at the body with Mr. Zeganks. No oneelse was present. I have known Jim Conley about two years. Hisgeneral character for truth and veracity is very bad therefore,Iwould not believe him on oath.CROSS EXAMINATION - same came from B. DorseyI do not belong to him or no kin to Mr.Frank or any of his people.I have never heard anything saidagainst conley,except since Frank was indicted. I also heard he wasin the
  • 0556 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: undertakers, I didn't see the impress of the cord on the neck. Ijust took one look and then came right out again. I saw the dis-coloration of the eye and that bruise and I sort of felt sick andI walked right out.REDIRECT EXAMINATION - I am a German and I am accustomed to drinkingmy beer, I have never trusted Jim Conley after he put water in mybeer.HARLEE BRANCH, Sworn for the defendant.I work for the Atlanta Journal. I had an interview with JimConley on two occasions. On May 31, he told me he didn't
  • 0557 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: no way of dividing the time. I should say that perhaps he was talking and not acting for about fifteen minutes. Of course he was talking all the time that he was acting. I did not say that I thought he was talking half of the time.REDIRECT EXAMINATION. In going through his performance he walked very rapidly. We were almost on a trot behind him. I was at the factory fifty minutes while he enacted his story. I left him after he had written one note in Mr.Frank's office. He wrote the notes rapidly.
  • 0558 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: occasionally when she went to work. He said nothing as to havingseen the girl on Saturday and coming in on the car with her. Idirected my questions to both the children.CROSS EXAMINATION. I was not seeking evidence for the defendant.There was no defendant at that time. This was on Sunday, the daythe body was found, I have been working under the direction of Mr.Olofein, city editor.Olofein visited Frank in jail. At that time Mr.Frank had not been mentioned in connection with the case at all.At the time of the interview with the little girl
  • 0559 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: to Whitfield and said "take it to the door and see what it is". It was pretty dark in there. Right in-the-same corner, I also found a club (defendants exhibit 48). It was standing upon the doorway with some iron pipes. The club is used by the night man as a roller to roll boxes and barrels on. The iron pipes there were used for the same purpose. The stains on the club were either paint or blood, I don't know which. I found this little stick back of the front door (State's exhibit
  • 0560 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: show it to MR. BLACK. I showed him the club and the envelope. I turned them over to MR. PIERCE, the paper intendent of our agency. I don't know where he is - nor MR. HAASFIELD either.JOHN FINLEY, sworn for the defendant,I was formerly master machinist and assistant superintendent of the pencil factory. I have known MR. FRANK about five years. His character was good.CROSS EXAMINATION. I am now superintendent for Jettler Bros. They are not related to the FRANKS. I left the pencil company about three years ago. I have never heard anything
  • 0561 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: contributed anything to any fund for his defence. I have not heardof any such fund.DR WM. OWENS, sworn for the defendant.I am a physician. I am also engaged in the real estate bus-iness. At the request of the defence I went through certain expe-riments in the pencil factory to ascertain how long it would take togo through Jim Conley's movements relative to moving the body ofMary Phagan. I kept the time while the other men were going throughwith the performance. I followed them and kept the time. Mr.Wilsonof the Atlanta Baggage Co/ also kept
  • 0562 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: carried it out and laid her down, and Conley opened the cloth and rolled her out on the floor, and Frank turned around and went on up the ladder, and Conley carries the body back to where the body was found; Conley goes around in back of the boiler, and notices her hat and slipper and a piece of ribbon;and Conley said:"Mr.Frank, what am I going to do with these things?" and Mr. Frank said: "leave them right there"; and Conley threw them in front of the boiler; Conley goes to the elevator, and
  • 0563 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: smiling and rubbing his hands, runs his hands in his pocket and pulls out a roll of bills; Frank says:"There is $200.00:" Conley takes the money and looks at it a little bit; Conley: Mr. Frank, don't you pay another dollar watch man comes, I'll pay him myself;" Frank:"All right, I want see what you want a watch for, either, that big fat wife of mine, she wanted me to buy her an automobile, and I wouldn't do it; pause, I will tell you the best way, you go down in the basement, you
  • 0564 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ohair and looks down at Frank.Frank grabs scratch pad from type-writer table and starts to make memorandum upon paper, but hishand trembles so he couldn't.Frank gets up to goj, Frank: "Now, Jimyou keep your mouth shut, do you hear?" Conley: "All right, I willkeep my mouth shut, and I will be back here in forty minutes."Conley goes out. It took us eighteen and a half minutes by the watchto go through the movements and conversation, (as above set forth)which Conley says took place between him and Frank on Saturday,April26th. The experiment was made as
  • 0565 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: weighing about 107 pounds, back. Mr.Brent enacted everything that was supposed to have been done by Conley. Mr Fleming played the part of Mr. Frank. Neither one of these gentlemen are connected with the pencil factory. In putting the cloth around the corpse I think they actually gained time. They did it really faster than it could have been done. Mr. Herbert Haas did most of the reading of the directions. There were no feet hanging out of the sack sack like the body would. As to whether it isn't much easier to handle
  • 0566 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Mr. Brent didn't get in the wardrobe, he was too big. He went to wardrobe and we eliminated the time he was supposed to be there. A small man could have got in it. They did not write out the notes. We eliminated that also. Standing in the wardrobe and writing the notes was not included in the sixteen and a half minutes it took. It was said that Conley's testimony was to the effect that he was in the wardrobe eight minutes. The notes were supposed to have taken from 12 to 14
  • 0567 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The pantomime that we enacted at the factory was the story as told by Jim Conley on the stand.ISAAC HAAS(Sworn for the defendant.I know Leo M. Frank for over five years. His character is very good. I did not hear my telephone ring on Sunday morning,April 27th. My wife heard it. The telephone is only two feet from my bed.CROSS EXAMINATION. My wife waked me up when she answered the telephone.A.H. ANDERSON. Sworn for the defendant.I work at the Atlanta National Bank. That is the original pass book of Leo M. Frank (Defendant's exhibit
  • 0568 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: of the metal room doors. They were six feet wide exactly fromjab to jab. The doors are usually open. If any one came up thestair case and turned to the office they could see through themetal room doors. The floors of the metal room are very dirty.I don't know if the window are clean, but you can see through them.L.U. KAUFFMAN, Sworn for the defendant.I made a drawing of the Selig Residence on Georgia Avenue, inthis city, showing the kitchen, dining room, the reception room,parlor and passage way between the kitchen and dining room.
  • 0569 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: from the back steps and about 38 feet from where the body is saidto have been found. The back door is 165 feet from the elevatorand the total length is 200 feet. I saw no furniture,except a bunkwith old dirty sacks,which were very filthy. The floor of the basementis dirt and ashes. The trash pile is 150 feet from where the body wasfound and it is 21 feet from where the body was found to the coloredtoilet, and 42 feet from where the body was found to the back door.The angle from the colored
  • 0570 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: CROSS EXAMINATION. There are ashes and cinders along the walk in the basement. Mr. Schiff showed me the point where the body was found. I made every calculation from the point that Mr.Schiff showed me. I made my diagrams within about a month. About two feet of the wall prevents seeing from the door in Mr.Frank's office to the stair way. You can only see a part of the past clock and doesn't take in the West cab at all.REDIRECT EXAMINATION. There will be no difficulty about one person going down the scuttle hole
  • 0571 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: into the inner office, to Mr. Frank's desk, or a man sitting there. Exhibit 67 for defendant shows the pay window. Defendant's exhibit 68 shows foot of the elevator showing the rubbish and barrels in and adjacent to the elevator shaft. Defendant's exhibit 69 shows the basement looking to the back door to the elevator shaft. Defendant's exhibit 70 represents the back corner of the place where the body was found, the body being found just about the left corner, her head behind the partition. Defendant's exhibit 71 shows the exit to the back
  • 0572 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: at the Selig residence,T. H. WILLETT, Sworn for the defendant.I am a-pattern maker. I made the pattern of Penoil Factory from a blue print. This is the model (Exhibit 33 for defendant).CROSS EXAMINATION. The height of the fixtures is not made according to scale. The floor plan is a correct representation, according to the blue print. The windows in Mr.Frank's office were not put in by me.REDIRECT EXAMINATION. I was given no instructions except to follow the ground floor plan as shown on the blue print. This is the blue print, (defendant's exhibit 85)
  • 0573 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: of the dining room at all. Moving up into the kitchen,near thepassage way, I could see nothing but the top of one chair by look-ing in the mirror.CROSS EXAMINATION. The view that you did get of the mirror woulddepend upon where I stood in the kitchen. I can only speak from theconditions that existed as I saw them as to the arrangement offurniture.JULIUS A. FISOHER, Sworn for the defendant.I am a contractor and builder. I looked at the house of thedefendant at 69 E.Georgia Ave. Standing in the kitchen door, I hadvery little view
  • 0574 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ahead of time when they are going to be relieved. It isn't a matter of impossibility to keep the men from coming in ahead of time, but we do have it. The English Ave. line is a hard schedule. It frequently happens that the English Avenue car outs off the River car, and the Marietta car. I have seen the English ave. car out of the Fair St.car, which is due at five after the hour.K. H. THOMAS, sworn for the defendant.I am a civil engineer. I measured the distance from the intersection of
  • 0575 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The pancreatic juice helps digestion mostly in the smallintestine. It consists of water in organic salts of which sodiumcarbonate is the most important, and a number of ferments. The or-dinary time that it takes wheat bread to pass out of the stomachis not less than three hours. The time for a meal consisting ofcabbage cooked for about an hour and wheat biscuit to pass out ofthe stomach depends a great deal upon the mastication of the food.The times given above have reference to the most favorable condi-tions. If the cabbage is not well chewed,
  • 0576 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: This cabbage (State's Exhibit G) I don't think has been masticated at all so far as these pieces are concerned. There can be no doubt that these pieces would retard the digestion and the passage from the stomach into the small intestine. The presence of such cabbage would make it very uncertain as to telling before the food would pass out of the stomach. I couldn't say and I don't think anybody could say, how long cabbage and wheat bread in such condition would stay in the stomach. As far as wheat bread and
  • 0577 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: or ten days, a gallon of the liquids of the body having been taken out and a gallon of embalming fluid put in it, and if I further found the acidity of the stomach to be 34 degrees and practically no pepsin, and practically nothing in the lower intestine, the body having been embalmed with formaldehyde, it would be impossible for me or any other chemist or physician to tell anything about the time it had been in the stomach. The acidity of the stomach does not suffice to show it, because it may
  • 0578 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and no maltose would not necessarily mean that digestion had not progressed very far, because free hydrochloric acid may have appeared soon after the food entered the stomach and stopped starch digestion. In the average case I would say that starch had not been in the stomach very long. In an ordinary normal stomach you might find maltose before the food reaches the stomach, even in the mouth, it depends on mastication. If I did not find it in the mouth or stomach I could not say how long digestion had progressed. I was
  • 0579 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: no interference with the brain or any pressure on the brain, nodoctor could tell that long after death whether or not the woundwould have produced unconsciousness, because the skull may be brokenand considerable hemorrhage and depression of bone without any loss ofmemory even. There is no outside physical indication of any sortthat a man could find that can tell whether it produced unconscious-ness or not. If the body was found 8 or 10 or 12 hours after deathwith that wound and some blood appears to have flowed out of thewound, that wound would have
  • 0580 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: lack of acidity,starch or the lack of starch,maltase or the lackof maltase. The conditions are too variable. A great many thingsretard digestion, such as excitement, anger and grief. Formalde-hyde stops all formed processes of the pancreatic juices, andafter a body was embalmed with it I would not expect to find thepancreatic juices. It also destroys the pepsin, so that 10 daysafter death in the case of a body embalmed with formaldehyde noaccurate opinion could be given as to how long the cabbage (State'sExhibit G) had been in the stomach. Each stomach is a law
  • 0581 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: resulting from the condition of the contents of the stomach irrespective of acidity or the other chemical qualities as to how long cabbage and wheat bread were in the stomach can be given where particles like that (State's Exhibit 6) are found. Where a young lady 13 or 14 years old died, her body is embalmed as above described, and a post mortem performed 9 or 10 days after death, and the physician finds the epithelium detached from the walls of the vagina in several places nothing being visible to the naked eye and
  • 0582 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: blow on the outside of the head by concussion without any appreciable lesion on the outside of the head.DR. WILLIS F. WESTMORELAND, sworn for the defendant.DIRECT EXAMINATION. A practicing physician for twenty eight years, general practice and surgery. A professor of surgery for twenty years, and formerly president of the State Board of Health. If the body of a girl between thirteen and fourteen years old was embalmed about ten hours after death, after taking out a gallon of fluid and putting in a gallon of embalming fluid, of which 8% is formaldehyde and
  • 0583 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ten days after death. Many things retard digestion. Much depends upon the particular stomach,and its affinity for particular foods. There is a cycle of acidity and in the progress of digestion that increases, and then later it goes down. Food that is not thoroughly emulsified will remain in the stomach indigestly. cabbage like that (State's Exhibit G) and wheat bread, might remain in the stomach until the process of digestion is complete, which ordinarily would be from three and a half to four hours. They might pass through the body undigested. A formaldehyde embalming
  • 0584 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: could be inflicted after death. As long as the blood id not coagulated. A lick on the back of the head could produce a black eye.CROSS EXAMINATION. There are sexual inverts who are absolutely normal in physical appearance. If I had a subject where there was a blow on the head, going practically to the skull, with no injury to the brain, and the face was livid, the tongue hanging out, with deep indentation in the neck, the flesh pushed out of place, with blue nails and lips, I would say that death was
  • 0585 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: described above, it would bleed and if the body lay in one place30 or 40 minutes, there would be bleeding and if the body ispicked up and carried about 40 feet and dropped at another placeI would expect to find blood there. All wounds bleed very freely,and there would be blood wherever the body was.Dr. J. C. OLSTEAD, Sworn for the defendant,Practicing Physician for 36 years. Given the facts that a younglady 13 or 14 years old died and 8 or 10 hours after death thebody was embalmed with a preparation containing 8% Formaldehyde,and
  • 0586 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: It nor the pepsin would be present in any degree 8 or 10 days after death. Embalming fluid destroys the pancreatic juices so that it would be impossible to find them. Babbage like that (State Exhibit G) is liable to obstruct the opening of the pyloris, and to delay digestion. Food of that character might remain in the stomach undigested for 10 or 12 hours irrespective of the acid found there. If shortly after death a doctor makes a digital and visual examination of the vagina, opening the walls of the vagina with his
  • 0587 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DR. W. S. KENDRICK, Sworn for the defendant.I have been a practicing physician for thirty-five years. I was Dean of the Atlanta Medical College. I gave Dr. Harris his first position there. If a young lady between thirteen and fourteen years of age died and a post mortem examination was made within eight or ten hours after death, by a physician who make a digital and visual examination to determine whether there is any violence to the vagina or not, and inserted his fingers for the purpose of deciding, and the body is embalmed,
  • 0588 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: chemical analysis of the liquids of the stomach or by the condition of the cabbage lodged in the stomach as to how long it had been in the stomach.CROSS EXAMINATION. I am not a specialist of the stomach, but I am and have been teaching diseases of the stomach and all these cases come under my jurisdiction. Dr. Westmoreland is a surgeon, not a stomach specialist. Dr. Hancock is not a stomach specialist. If you find starch granules in the stomach undigested and cabbage undigested and thirty two degrees of hydrochloric acid in the
  • 0589 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: by an examination what stage of digestion certain things were in. There are so many exceptions to the rule. As to whether the cabbage had been digested or not, if whole pieces of cabbage were there I could tell, but if you could not find the cabbage either with the naked eye or the microscope, I would say that it had been digested. I don't know how long it takes an ordinary stomach to digest turnips. If a 13 year old child ate cabbage and bread on Saturday and her body was found that
  • 0590 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: REDIRECT EXAMINATION. That cabbage doesn't look (State's Exhibit G)as if it had been chewed at all. Cabbage chewed that way would behard to digest.JOHN ASHLEY JONES, sworn for the defendant.I have known Mr. Frank about a year and eighteen months. Hisgeneral character is good.CROSS EXAMINATION. I am a resident agent for the New York LifeInsurance Company. I don't know any of the girls at the pencilfactory. I have never heard any talk of Mr. Frank's practices andrelations with the girls down there. Mr. Frank has a policy ofinsurance with us. It is our custom
  • 0591 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: his office,although I have been there a number of times, I have never heard that he smiled and winked at young girls.REDIRECT EXAMINATION. This is the letter I wrote to the Grand Jury: Mr.W.D.Beatty, Atlanta, Ga. My Dear Sir: Without having the slightest intention of interfering in any way in matters which do not concern me, I believe the interest which any good citizen has in impartial justice warrants my saying that the business men to whom I have talked, commend very strongly the attitude of the Grand Jury in its disposition to at
  • 0592 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: within an hour or two after death. Such a wound could be afflictedand a person remain perfectly unconscious. Fractured skull doesnot necessarily produce unconsciousness. Cabbage is a carbohydrate.It is considered the hardest food to digest among carbohydratesbecause it has so much cellulose, which is woody fibre. The olderthe cabbage is the more cellulose it has. Cabbage gets its diges-tion in the mouth. That cabbage (State's Exhibit G ) has not beenmasticated thoroughly. They have been swallowed almost whole. Rawcabbage is easier digested than cooked cabbage. Cooked cabbage isthe most indigestible form of it. It
  • 0593 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I have seen cabbage less changed than that cabbage you exhibited to me (State's Exhibit G) that has remained in the stomach 18 hours. Bread and cabbage would not begin to pass out of the stomach until 1 1/2 to three hours. A blow on the back of the head could blacken the eye. It would be perfectly possible for the epithelium of the vagina to be ruptured by the fingers in making a digital examination it would be more liable to rupture ten hours after this than immediately before this. Decomposition destroys the
  • 0594 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: stomachs have certain idiosyncracies. In normal stomachs is supposed to go along certain stipulated rules. You find free hydrochloric acid in any stomach that has food in any stage of digestion. As to whether you could ever find free hydrochloric acid in the stomach immediately after taking Ewald's test breakfast, would depend entirely on the state of the glands, and how long previous digestion had been in the stomach. As to the total acidity in a stomach after such a test, that is for a laboratory man. If you take cabbage out of a
  • 0595 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ALFRED LORING LANE Sworn for the defendant.I am a resident of Brooklyn, N.Y. I have known Leo Frank about 15 years. I knew him four years at Pratt Institute, which we both attended. I also knew him after he returned from Cornell University. His general character is good.PHILIP NASH, Sworn for the defendant.I live in Ridgewood, N.J. I am connected with the N.Y. Telephone Company, in New York City. I knew Leo Frank four years at Pratt Institute. I was in his class. His general character is good.RICHARD A WRIGHT, Sworn for the defendant.I
  • 0596 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: PROF. C. D. ALBERT, Sworn for the defendant.I am professor of machine designs in Cornell University.I have held that chair for five years. I knew Leo M. Frank fortwo years while he attended the university. At that time I wasInstructor in mechanical laboratory work, and as such I came in contactwith him. His character was very good.PROF. J. E. VANDERHOE, Sworn for the defendant.I am foreman of the foundry at Cornell University. I knewLeo M. Frank for two years when he attended the university. His char-acter was good.CROSS EXAMINATION. I have been in Cornell
  • 0597 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ARTHUR HEYMAN, Sworn for the defendant.I practiced law about nineteen years in Atlanta. I have known Leo Frank for three or four years. His general character is good.CROSS EXAMINATION. I have been with him seven or eight times in three years. I have been with him, say, I suppose, five or six times, probably for 15 or 20 minutes at a time. I have never heard any reference made to his relation with the girls in the factory.MRS. H. GLOGOWSKI, Sworn for the defendant.I keep a boarding house in this city. I have known
  • 0598 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: MISS IDA HAYS, Sworn for the defendant.I work at the pencil factory on the fourth floor. I have known Mr.Frank for two years. His general character is good. I have known Conley for two years. His general character for truth and veracity is bad--I would not believe him on oath.CROSS EXAMINATION. Conley borrowed money and promised to pay it back, but he didn't do it. We would get it after awhile. He tried to borrow money from me, but I refused to let him have it.MISS BULA MAY FLOWERS, Sworn for the defendant.I work
  • 0599 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ry. I was forelady at the factory for about three years.MISS SARAH BARNES, Sworn for the defendant.I worked at the pencil factory over four years. His character is good. I have never heard anything bad. He has been the best of men.CROSS EXAMINATION. No one ever talked to me about what I was going to swear. I have told Mr. Arnold what I have told here. I never went with Mr. Frank for any immoral purpose anywhere.MISS IRINE JACKSON. Sworn for the defendant.I worked at the pencil factory for three years. So far as
  • 0600 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: REDIRBCT EXAMINATION. My father made me quit, after the murder. There are two windows in the dressing room opening on Forsyth St. I think there had been some complaints of the girls flirting through those windows. I have heard of some of the girls flirting through the windows. The orders were against the girls flirting through the windows. Mr.Frank never came into the room at all, he pushed the door open and just looked, my sister and I were both dressed when Mr.Frank looked in the door. The other time that he came in
  • 0601 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: been there three years. Mr. Frank's general character is good. I have never heard anything against him. I have never met Mr. Frank anywhere or at any time for any immoral purpose. I have made complaint about girls flirting out of the windows with the men on the outside. After seven o'clock, the girls are not supposed to be in the dressing room. There is no toilet or bathtub in the dressing room. There is no lock on the door.CROSS EXAMINATION. They were all complaining up there on the fourth floor about the girls
  • 0602 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: MISS EMILY MAYFIELD, Sworn for the defendant.I worked at the pencil factory last year during the summer of 1912. I have never been in the dressing room when Mr.Frank would come in and look at anybody that was undressing.CROSS EXAMINATION. I work at Jacob's Pharmacy. My sister used to work also at the pencil factory. I don't remember any occasion when Mr.Frank came in the dressing room door. While Miss Irene Jackson and her sister were there.MISSBS VELMA HATZ, ESTELLE, ANNIE OSBORNE, REBECCA CARSON, MAUDE WRIGHT and NOBELLA THOMAS. All sworn for the defendant,
  • 0603 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: W. H. RICE, I. H. MOSS, MRS. I. H. MOSS, MRS. JOSEPH BROWN, M.E.FIM PATRICK, EMIL DITTER, WM. BAUER, MRS. M. A. LOEB, AL. FOX,MRS. MARTIN MAY, JULIAN V. BOHR, MRS. P. L. ROSENBERG - M. H.SILVERMAIL, MRS. M. L. STRAUS, CHAR. ADLER, MR. R. A. SOHN, MISSRAY KIRKIN, A. J. JONES, L. H. HIRSCH, J. B. KERIN, J. FOX, MARCUSLOEB, FRED HELLERBROH, A. C. HOLLOWAY, MILTON KLEIN, MRS. J. E.SOMMERFIELD, NATHAN ODOMAL, all sworn for the defendant, testified that they were residents of the City of Atlanta, and haveknown Leo M. Frank ever
  • 0604 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: STATEMENT OF LEO M. FRANK.Gentlemen of the Jury: In the year 1884, on the 17th day of April, I was born in Texas. At the age of three months, my parents took me to Brooklyn, New York, and I remained in my home until I came South, to Atlanta, to make my home here. I attended the public schools of Brooklyn, and prepared for college, in Pratt Institute, Brooklyn, New York. In the fall of 1902, I entered Cornell University, where I took the course in mechanical engineering, and graduated after four years, in
  • 0605 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: my life. My duties as Superintendent of the National Pencil Company were, in general, as follows: I had charge of the technical and mechanical end of the factory, looking after the operations and seeing that the product was turned out in quality equal to the standard which is set by our competitors. I looked after the installation of new machinery and the purchase of new machinery. In addition to that, I had charge of the office work at the Forsyth Street plant, and general supervision of the lead plant, which is situated on Bell
  • 0606 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: This checking took me until about 12:30, P. M. when I made out the amount on a slip of paper that I wished to have drawn from the bank, went over to Montag Brothers, had the checks drawn and signed by Mr. Sigmond Montag, after which I returned to Forsyth Street and got the leather bag in which I usually carry the money and the coin from the bank, and got the slip on which I had written the various denominations in which I desired to have the pay-roll made out, accompanied by Mr.
  • 0607 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: of the help took place, Mr. Schiff taking all the envelopesthat were due the help who had worked from April 16th to 24th,inclusive, out to the pay-roll window, which is entirely out-side of either my inner office or the outer office and outin the hall beyond,--a little window that we have built. Isat in my office, checking over the amount of money which hadbeen left over. This amount was equal,--or should have beenequal, to the amount that had been looked out in advance tohelp and had been deducted when we were filling the envelopes.In
  • 0608 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the way we usually do with the time clock. After placingthese slips in the clock and bringing those back in the office,Mr. Schiff and myself left for home, I think about 6:30. Ineglected to state that while I was still in the office, Mr.Schiff was paying off Newt Lee--these are the two time slips Itook out---Gentlemen, as I was saying, these two slips that had April 26th,1913 written at the bottom are the two slips I put in the clockon the evening of Friday April 25th, to be used on the dayfollowing, which, of
  • 0609 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: way; I found Alonzo Mann, the office boy, in the outer office,I took off my coat and hat and sat upon my desk and opened thesafe, and assorted the various cases and files and wire trayscontaining the various papers that were placed there the eveningbefore, and distributed them in their proper places about theoffice. I then went out to the shipping room and conversed afew minutes with Mr. Irby, who at that time was shipping clerk,concerning the work which he was going to do that morning,through, to the best of my recollection, we did
  • 0610 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: It is very important that the prices be correct, that the amount of goods shipped agree with the amount which is on the invoice, and that the terms are correct, and that the address is correct, and also in some cases, I don't know whether there is one like that here, there are freight deductions, all of which have to be very carefully checked over and looked into, because I know of nothing else that exasperates a customer more than to receive invoices that are incorrect; moreover, on this morning, this operation of this
  • 0611 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: stamped "The Packard Motor Car Company," 125 gross of No. 3 and 50 gross of No. 4; those figures represent the grade or hardness of the lead in the pencils; we shipped 100 gross of No. 2, 11 1/2 gross of No. 3, and 49 gross of No. 4, the amount of the shipment of No. 3 is short of the amount the customer ordered, therefore, there is a suspense shipment card attached to it, as you will notice; the first shipment on this order took place on April 24th, it was a special
  • 0612 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: to be particularly careful with, because all these five and ten cent syndicates have a great deal red tape. These invoices, though they were typed on April 25th, Friday, were shipped on April 24th, and bear date at the top on which the shipment was made, irrespective of the date on which these are typewritten; in other words, the shipments took place April 24th, and that date is at the top, typewritten, and a stamp by the office boy at the bottom, April 24th. Among other things that the S. H. Kress Company demands
  • 0613 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Smith came in and asked me for her pay envelope, and for that of her sister-in-law, and I went to the safe and unlocked it and got out the package of envelopes that Mr. Schiff had given me the evening before, and gave her the required two envelopes, and placed the remaining envelopes that I got out, that were left over from the day previous, in my cash box, where I would have them handy in case others might come in, and I wanted to have them near at hand without having to jump
  • 0614 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: bought a package of Favorite cigarettes, either when I had our drink, we conversed together there for some time, and I lighted a cigarette and told him good-bye, as he went in one direction, and I went on my way then to Montag Brothers', where I arrived, as nearly as may be, at 10 o'clock, or a little after; on entering Montag Brothers, I spoke to Mr. Sig. Montag, the General Manager of the business, and then the papers which I collected, which lay on his desk, I took the papers out and transferred
  • 0615 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: manufacture the orders had proceeded, but he would go backwith me then I would be very glad to look for it, and then tellhim when we could ship them, and he said he couldn't go rightaway, he was busy, but he would come a little later, and I toldhim I would be glad for him to come over later that morning orin the afternoon, as I would be there until about 1 o'clockin the morning, and after three. I then took my folder and re-turned to Forsyth Street alone. On arrival at Forsyth Street,I
  • 0616 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: sheet which contains the record of pencils punched for the week didn't include the report for Thursday, the day the fiscal week ends; Mr. Schiff evidently, in the stress of getting up, figuring out and filling the envelopes for the pay-roll on Friday, instead of, as usual, on Friday and half the day Saturday, had evidently not had enough time. I told Alonzo Mann, the office boy, to call up Mr. Schiff, and find out when he was coming down, and Alonzo told me after he came back over the telephone that Mr. Schiff
  • 0617 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the typewriting of these letters and brought them to my deskto read over and sign, which work I started doing as Clerk andMiss Hall left the office, as near as may be, at a quarter totwelve, and went out, and I started to work reading over theletters and signing the mail. I have the carbon copies ofthese letters which Miss Hall typewrote for me that morninghere, attached to the letters from customers, or the partieswhose letter I was answering; they have been introduced, andhave been identified. I see them here (Defendant's Exhibit 8),--Southern Bargain
  • 0618 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ed to me, almost immediately, calling into my office that she had forgotten something, and then she left for good. Then I started in, we transcribed, first we enter all orders into the house order book (Defendant's Exhibit 18), all these orders which Miss Hall had acknowledged, I entered in that book, and I will explain that matter in detail. There has been some question raised about this, but I believe we can make it very clear. Here is an order from Beutell Brothers Company (Defendant's Exhibit 21); the very first operation on an
  • 0619 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: of the fact that up here at the top was 4-2, this order was written in pencil, of course it is written in pencil on this is an order from F. W. Woolworth & Company (Def's Ex. 17); that is a Five & Ten Cent syndicate, as you know, probably the largest in the world, that has over 700 stores, and these stores would be so bulky for one office to handle that the 700 stores are divided into different groups or provinces, and in charge of each group there is a certain office;
  • 0620 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the Manager or the Clerk of the Manager or some one in thatF. W. Woolworth store. Here is one from Wilkesbarre itself(Deft's. Ex. 18), that is from the head office itself. Hereis one from St. Joseph, Mo. (Deft's. Ex. 14) viz. St. Louis, thatbears the validation stamp of the St. Louis head office. Yougentlemen understand these people are great big people, a greatbig syndicate, and they have to do their clerical work accordingto a system that is correct. Now, then, that was the firstoperation on these orders after we separated them from theother mail,
  • 0621 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: shows to whom the goods are to be shipped, of course that is not very difficult to do, that is just a mere copy. The store numbers are put down in case the stores have numbers, and then one must look over the order; I notice that one of the orders is one to R. E. Kendall (Def't's Ex. 24) at Plum St., Cincinnati, O., calling for a special, and that has to be noted in this column here, you will notice regular or special, notice here the word special our here opposite R.
  • 0622 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: orders and find out the number of gross of pencils which our customers order which fall in certain price groups, that is, to find the number of gross of pencils for which the Pencil Factory gets 60 cents a gross, and I put them down under the first column, the second under the column RI, which means rubber inserted, and for which we get an average price of 80 cents, I go through the same thing and put the figures all out, in this case, it was 102; then we have a price group
  • 0623 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (Bert's Exs. 25-35). That is my handwriting and you can read every one of them through (Def't's Exs. 25-35). Here is one, F. W. Wolworth, I wrote that one, and another one F. W. Wolworth, I wrote that one, and another one F. W. Wolworth. Here is one 5 and 10 cent store, Sault Ste Marie (Def't's Ex. 31), I wrote that one, and here is F. W. Wolworth, DeKalb, Illinois, and Logansport, Indiana (Def't's Ex. 27). That is all my hand-writing, excepting the amounts that are placed down here under the dates when
  • 0624 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: which way it came from; just passed her by and I had that impression. This little girl had evidently worked in the metal department by her question and had been laid off owing to the fact that some metal that had been ordered had not arrived at the factory; hence, her question. I only recognized this little girl from having seen her around the plant and did not know her name, simply identifying her envelope from her having called-her number to me.She had left the plant hardly five minutes when Lemmie Quinn, the foreman
  • 0625 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: keep them several hours. I noticed that they had laid out some work and I had to see what work they had done and were going to do. I asked Mr. White's wife if she was going or would stay there as I would be obliged to lock up the factory, and Mrs. White said, No, she would go then. I went down and gathered up my papers and locked my desk and went around and washed my hands and put on my hat and coat and locked the inner door to my office
  • 0626 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I had to do at the factory, I would be unable to go with him, he having invited me to go with him out to the ballgame. I succeeded in getting his residence and his cook answered the phone and told me that Mr. Ursenbach had not come back home. I told her to give him a message for me, that I would be unable to go with him. I turned around and continued eating my lunch, and after a few minutes my wife and mother-in-law finished their dinner and left and told me
  • 0627 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Then I walked on down Whitehall on the side of Mr. M. Rich &Bros. Store towards Brown & Allen; when I got in front ofM. Rich & Bros. store, I stood there between half past 2 andfew minutes to 3 o'clock until the parade passed entirely;then I crossed the street and went on down to Jacobs and wentin and purchased twenty five cents worth of cigars. I thenleft the store and went on down Alabama street to Forsythstreet and down Forsyth street to the factory. I unlocked thestreet door and then unlocked the inner
  • 0628 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: told him that I had no way of letting him know sooner that I was to be there at work and that I had changed my mind about going to the ball game. I told him that he could go if he wanted to or he could amuse himself in any (way) that he saw fit for an hour and a half, but to be sure and be back by half past six o'clock. He went off down the stair case leading out and I returned to my office. Now, in reference to Newt
  • 0629 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Well, I expect you have gotten enough of a glance at them for you to know that there are a great many pencils and a great many colors, all sorts and styles; all sorts of tips, all sorts of rubbers, all sorts of stamps--I expect there are 140 pencils in that roll. That shows the variety of goods we manufacture. We not only have certain set numbers that we manufacture, but we will manufacture any pencil to order for any customer who desires an efficient number of a special pencil, into a grade similar
  • 0630 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the name of the customer, if he was a business in a sufficient quantity. Well, I had to go through this report for Thursday, handed in by Miss Flowers, the forelady of the packing department, as she said, on Friday I had to go through it and make the entries. Now, after I made the entries, I had to total each number for itself; that is, the number of 10-X, 20-X, etc. Now, I notice that both of the expert accountants who got on the stand, pointed out errors. While those errors are trivial,
  • 0631 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: May handed this in from the packing room proper, there is another room where pencils are packed, viz: the department under the foreladyship of Miss Fannie Atherton, head of the job department. The jobs are our second or throw-outs for which we get less money, of course, than for the first. You see that Fannie A (Def'ts Ex. 4b); that is Fannie Atherton. That is the job department. Now, I took each of those job sheets and separated them from the rest of those sheets, finding out how many jobs of the various kinds
  • 0632 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: pencils, which are the two figures most important, I divided one by the other. I also used, in getting up the data for the financial sheet, by the way, 'one of the most important sheets' is this very little sheet here (Def't's Ex. 40). It looks very small, but the work connected with it is very large. Now, some of the items that appear on there are gotten from the reports which are handed in by the various forewomen. Now you saw on the stand this morning Mr. Godfrey Winekauf, the Superintendent of the
  • 0633 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: of 4374 gross. Now, there is another little slip of paper (Def'ts Ex. 4a) here that requires one of the most complicated calculations of this entire financial, and I will explain it. It shows the repack, and I notice an error on it here, it says here 4-17, when it ought to be 4-18; in other words, it goes from 4-17 through 4-24. That repack is gotten up by Miss Eula May; you will notice it is O.K.'d by her. Miss Eula May Flowers, the forelady, packed that; that is the amount of pencils
  • 0634 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: That added up, as you will see, to $70.00. In other words, there were 40 gross of pencils, 36 gross of which sell in our medium price goods; 86 gross 35-K; 10 gross 930-X, $2.50, that is a high priced goods. Therefore, the re-pack for that week was 36 gross medium priced goods and 10 gross of high price goods. I will show you now where the $70.00 is and where the 36' grosses is, and where the 10 gross figured in the financial sheet (Def't's Ex 4). There is a little sheet stuck
  • 0635 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Ex. 9(a) I had to work on, showing the pencils that were repacked, going into the display boxes, and the numbers, and subtracted that from the total amount 46 from 2755 1/2, which leaves 2719 1/2; in other words, I just deducted the amount that had been taken out of the stock room and repacked from the total amount that was stated to be packed, showing the amount of repacked goods. Now all I had to do was to copy that off, it had been figured once. The value of the repack was $70.00;
  • 0636 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: are many pencils that don't take rubber at all. There are jobs that don't take rubber on them, plain common pencils, going pencils that don't have rubber on them at all, and I have to go through all of that operation, that tedious operation again that eats up so much time. Then there is the lead of the various kinds that we use; there is good lead and cheap lead, the large lead and the thick or carbon lead, and the copying lead. That same operation has to be gone through again. Now this
  • 0637 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: some common factor, so I make the multiplication in figuring out the cost at two cents. That involves quite a mathematical manipulation. Then I come to the skeleton. Skeletons are no more than just a trade name. They are just little cardboard tiers to keep one pencil away from the other, that is all a skeleton is. I have to go through and find out which pencils are skeletons. If it is a cheap pencil, they are just tied up with a cord, and there are pencils in a bunch, and there are pencils
  • 0638 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: our lead plant delivery, for information. Then the slat delivery, that is not worked out simply because that is Mr. Schiff's duty to work that out, and that it is a very tedious and long job and when I started in to do that I couldn't find the sheet showing the different deliveries of slats from the mill, so I let that go, intending to put that in on Monday, but on Monday following I was at the police station. I took out from this job (Defendant's Ex. 4b) sheet the correct amount of
  • 0639 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: from this sheet, the last entry in A, which I had to make.Then the orders received. The entry of the orders received that day involved absolutely no more work on my part than the mere transfer of the entries. On this blue sheet (Defendant's Ex. 1) I have here the orders received are in terms of "Total gross" and "Total value," and we need that to compare the amount of shipments with the amount of orders we are receiving to see whether we are shipping more than we are receiving, or receiving more than
  • 0640 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and credit sides of a ledger is the Value", "gross Value"of the goods which have been packed up during a given week.Down here below you will notice "Less repacked." You rememberthe repacked, that I told you about, the pencils taken out ofstock and repacked to make them move better. That value isdeducted, so that it won't allow error to enter into thisfigure. Then we take off 12% down at the bottom. That12% allows for freight allowance, cash discounts, insidetrade discounts, and possibly other allowances, and gives usthe net value or the net amount of
  • 0641 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: salesman sells little or big his salary goes on and his expenses goes on. Rent, heat, light, power, sales department men, and all that, is figured out, as you would find by looking back, continuously, from week to week, and there is no work other than jotting it down to figure in this total.The repair sundries is also arbitrary at $150.00. The machine shop, however, is evadable. It appears alongside of "Investment". "Investment" is crossed out, and "Machine shop" written in. There is a reason for that. The time was at the inception of
  • 0642 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: in ferrules, the medium rubber, and the better class of rubber.In other words, it's gotten by adding together therubber at 9 cents a gross, and the rubber at 14 cents a gross,and adding together the total amount of gross used. And yousee it says "materials", and it is reckoned at 10 cents; inother words, the materials used in making the tips in that tipplant we figured at 10 cents a gross, and the labor is in-cluded in that payroll item up above. Then there is 25 grossof these medium ends.Then the lead, which is
  • 0643 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: morning before I would take it over. Then it tells tipsdelivered from Mr. Quinn's report.Now on the right side you will notice this entry, "Bet-ter grades, gross, net." From this small sheet we gettotal of better grades 710, gross. Then right below it says700 gross net. There were 710 gross, and on that repackedsheet I called out there 10 gross good goods repacked, there-fore the difference of 10 gross. Then we look on down thispencil sheet, cut down each and every one of the items accordingly--you will notice in some places I marked some
  • 0644 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: filled these figures in; I am no typewriter; I cannot operate a machine; I have two or three dozen of these every now and then typewritten together, and keep them in blank in my desk; I didn't typewrite those on that day, or any other day; I just filled these figures in those blanks--this is the sheet (Defendant's Ex. 11)--called the comparison sheet between 1912 and 1913, which is nothing more nor less than taking the vital figures, the vital statistics of one week of 1913, and comparing them with the same week of
  • 0645 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: formerly a member of our Board of Directors, although he is notnow. The other sheet I always invariably sent to my uncle,Mr. M. Frank, no matter where he is, who is President of theCompany. On this particular Saturday, my uncle had during theweek ending April 26th gone to New York, stopping at HotelMcAlpin, preparatory to taking his annual trip abroad forhis health, he being a sick feeble old man. When I made outthat financial, I really made out two small ones, and I putone in an envelope, addressed it to Mr. Oscar Pappenheimer(Def't's Ex.
  • 0646 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Mr. Sig. Montag, General Manager of the Pencil Company, and putit under my inkwell, intending to take it up on the morningof Monday following.I then came to the checking up of the cash on handand the balancing of the cash book. For some reason or otherthere are no similar entries in this book after those of thatdate. That's my handwriting. (Def'ts Ex. 40) and I didthat work on Saturday afternoon, April 25th, as near as mightbe between the hours of 5:30 and 5 minutes to 6:30. Now inchecking up it didn't take me an
  • 0647 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: .. it up to $30.54; the actual amount which the cash book showed.Now on the left-hand side of this book, the debits for the week between April 21st, which was Monday, previous to April 28th, it being a record simply of the petty cash used by us, showed that we had a balance on hand the Monday morning previous of $39.85. On April 23rd we drew a check for $15.00, and on April 24th we drew another one for $15.00. I mean by that we would draw a check for $15.00, and go over
  • 0648 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: lump the different items that were all alike together (Def't's Ex. 10). This sheet has been identified and explained, and you notice that there were four items of drayage grouped together, the total being $6.70. I just extend -that-over to the right there $6.70. Then I don't have to put drayage down in this book four times; just make one entry of drayage for the four-times we paid drayage together, which gives the same total, and makes the book look a great deal neater. So on throughout, five items of cases, two items of
  • 0649 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: which was put into the clock the night, --Saturday night, -- no one was coming down to the factory on Sunday, as far as I knew, or as far as custom was, to put the slips into the clocks and therefore, we had to put the slips into the clock dated with the date on which the help were coming into the factory to go about their regular duties and register on the Monday following, which, in this case, was April 28th. Now, on one of these slips, Newt Lee would register his punches
  • 0650 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Lee it would be all right to pass Gantt in, and Gantt went in. Newt Lee closed the door, locking it after him,---I heard the bolt turn in the door. I then walked up Forsyth Street to Alabama, down Alabama to Broad Street, where I posted the two letters,---one to my uncle, Mr. M. Frank and one to Mr. Pappenheimer, a few minutes after six, and continued on my way down to Jacob Whitehall and Alabama Street store, where I went in and got a drink at the soda fountain and bought my wife
  • 0651 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: lighted the gas water heater preparatory to taking a bath,and then continued reading in the hall; at 10:30, I turnedout the gas, went into the dining room, bade them all good-night, and went upstairs to take my bath; a few minutes later,my wife followed me upstairs. (At this point the jury retiredfor a short intermission.) I believe I was taking a bath whenyou went out,--on Saturday night; and after finishing my bath,I laid out my linen to be used next day, my wife changed thebuttons from my old shirt to the shirt I was
  • 0652 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and the man who I afterwards found out was detective Black,hung his head and didn't say anything. Now, at this point,these two witnesses, Mr. Rogers and Mr. Black differ with meon the place where the conversation occurred,--I say, to thebest of my recollection, it occurred right there in the housein front of my wife; they say it occurred just as I leftthe house, in the automobile; but be that as it may, this isthe conversation: They asked me did I know Mary Phagan, Itold them I didn't; they then said to me, "didn't a
  • 0653 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: light, and I saw the body of the little girl. Mr. Rogerswalked in the room and stood to my right, inside of theroom. I stood right in the door, leaning up against the rightfacing of the door, and Mr. Black was to the left, leaning onthe left facing, but a little to my rear, and the attendant,whose name I have since learned was Mr. Thesseling, was on theopposite side of the little cooling table to where I stood--in other words, the table was between him and me; he removedthe sheet which was covering the
  • 0654 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: work in the metal plant, and that she was due to draw $1.20,the pay-roll book showed that as the detectives had toldme that someone had identified the body of that little girlas that of Mary Phagan, there could be no question but what itwas one and the same girl. The detectives told me thenthey wanted to take me down in the basement and show me exactlywhere the girl's body was found, and the other paraphernaliathat they found strewed around; and I went to the elevatorbox,--the switch box, so that I could turn on the
  • 0655 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: seemed like the chain which goes down in the basement had slipped a cog and gotten out of gear and needed somebody to force it back; however, Mr. Darley was successful in getting it loose, and it started up, and I got on and the detectives got on and I caught hold of the rope and it worked all right. In the basement, the officers showed us just about where the body was found, just beyond the partition of the Clark Woodenware Company, and in behind the door to the dust bin, they showed
  • 0656 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 153 and the number 134 (deft's Bx 41). I wrote on it "Taken out 8:25 A.M." and two lines under that, with a casual look at that slip, you can't see it.I can see it. When looking casually at that slip, you see nothing, and by the way, this sheet has been identified (Def's Bx. 41). It is the one to which reference has been made so many times, and if you will look at it, you will see the date, April 26th, which was put on there on the evening of Saturday, April
  • 0657 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: successive punches were made at the time which the punchesthemselves showed. After putting a new slip in the clock,we all went out of the factory and went downstairs and lockedthe door, and I was going to go down to the office, topolice headquarters, because the officers said they wanted toshow me some notes which they said were found near the body andthe pad lock and staple which they showed me had been with-drawn, and which they said had been taken down to the stationthe first time they had Newt Lee down there.Now, gentlemen, I
  • 0658 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: up to Chief Lanford's office where I sat and talked and answered every one of their questions freely and frankly, and discussed the matter in general with them, trying to aid and to help them in any way that I could. It seemed that, that morning the notes were not readily accessible, or for some other reason I didn't get to see them, so I told them on leaving there that I would come back that afternoon, which I ultimately did; after staying there a few minutes, Mr. Darley and myself left, and inasmuch
  • 0659 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Wolfsheimer, and at Mr. Wolfsheimer's house, we found quite a company of young people, and the conversation turned largely on what I had seen that morning; also, among those who were present, were Mrs. L. G. Cohen, Mrs. N. G. Michael, Mrs. Carl Wolfsheimer, Julian Michael, Phillip Michael, Miss Helen Michael, Miss Virginia Silverman, Miss May Lou Lieberman, Julian Loeb and Herman Loeb. After staying there about an hour with my wife, I went in her company to visit the home of my brother-in-law, A. E. Marcus, whose home is situated on Washington Street
  • 0660 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Virgind. I chatted with them a few minutes, and I noticedthat the people who were going in to see the body were standingin line and moving in, and that others from the factory weregoing in and I thought I would go in too and pay my respects,and I went and stood in line, and went into the room again andstaid a few minutes in the mortuary chamber; the little girlhad been cleaned up, her hair had all been cleaned and smoothedout, and there was a new white sheet over the rest of herbody. I
  • 0661 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: from the regulation order pad or order book-of the NationalPencil Company (State's Ex. ZJ, the sheet was a yellow sheetwith black ruling on it, and certain black printing at thetop. These are the two notes, (indicating papers.)At the top of these notes where it showed the series and date,and you can see it has either been worn out or rubbed out, butthe date was originally on there, and down below here is theserial numbers now, both of those notes were written as thoughthey had been written through a piece of carbon paper and thedate
  • 0662 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: corner of Whitehall and Alabama, where Mr. Schiff waiteduntil I caught an Alabama Street or Georgia Avenue car and re-turned to my home. I returned to my home about a quarter tofour, and found there was no one in, as my wife had told methat if she wasn't at home, she would probably be at the resi-dence of Mr. Ereenberg, I proceeded over there, coming upWashington Street in the direction of the Orphans' Home, andon Washington Street, between Georgia Avenue and the nextstreet down, which I believe is Bass Street, I met ArthurHaas and
  • 0663 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I saw there his wife, Mrs. Haas, her son Edgar Haas, and acousin of my wife's, Montefiore Selig. My wife had left wordwith Mrs. Haas that I should call for her at the residence ofMr. Marcus, which is next door, or just a few doors away, andI went by end called for my wife at six o'clock and a fewminutes before seven my wife and I left the residence of Mr.Marcus and started down Washington Street towards GeorgiaAvenue on our way home. On our way home, we met our brother-in-law, Mr. and Mrs. Chas.
  • 0664 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: walked from my home on Georgia Avenue down to WashingtonStreet, down to police headquarters, walking the whole way.On the way down, I asked Detective Haslett what the troubledown at the station house was, and he said: "Well, Newt Leehas been saying something, and Chief Lanford wanted to ask youa few questions about it;" and I said: "What did Newt Leesay?" "Well, Chief Lanford will tell you when you get downthere." Well, I didn't say anything more to him, went rightalong with him, and when I got down to police headquarters,I sat in one of
  • 0665 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: interval of an hour had occurred three times during the time that Newt Lee had been punching on that Saturday night, April 26th. When I had first looked at it, I only noticed that every line had a punch mark on it, but I didn't notice what time the punch marks themselves were on; this time I studied the slip carefully. It was one of the same slips I had taken out of the clock. Chief Lanford, one of the officers handed it to me at police headquarters, which I absolutely identified with the
  • 0666 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Rosser were apparently having a sort of conversation, and I overheard Mr. Rosser say "Well, it is preposterous, a man who would have done such a deed must be full of scratches and marks and his clothing must be bloody." I imagine Mr. Rosser must have had an inkling that they were suspicious of me, and as soon as I heard that, I turned and jumped up and showed them my under clothing and my top shirt and my body, (exposed it to them all that came within the range of their vision. I
  • 0667 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: to you for your examination. The detectives were evidentlyperfectly well satisfied with what they had seen there, andof course they left without any further remarks with Mr. Haas.I went downstairs and conversed with my folks down thereuntildinner time, which was served to my father-in-law and mymother-in-law and my wife and myself by Minola McKnight.About that time, Mr. and Mrs. Wolfsheimer came in and conversedwith us, Mr. Wolfsheimer telling me that he would take medowntown that afternoon in his automobile. After dinner, Itelephoned down to the office and telephoned to Mr. Schiff, andtold him to
  • 0668 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: spoke to the boys who were there in the office about thehappenings of that morning, of course, more or less length.Then Mr. Quinn said he would like to take me back to the metaldepartment on the office floor where the newspapers thatmorning had said that Mr. Barrett of the metal department hadclaimed he had found blood spots, and where he had foundsome hair. Mr. Quinn first took me to the little lathe backin the metal department, and explained to me that Mr. Barretthad told him just the same as he said here, that those
  • 0669 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the main ingredients of that compound are, for practical purposes, soap and oil, and it now is diluted to a great extent with water so it can flow easily onto the tools or onto the metal, so that the tools that they use it on won't get brittle or smeared up, and that haskoline compound is carried to these little machines in the metal room, right almost up to that dressing room, and the haskoline remains on them and sticks to them, and you are apt to find that haskoline compound on the floor
  • 0670 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: room, and we have had accidents there, and by the way, in reference to those accidents, the accidents of which we have had records, are not the only accidents that have happened there; for instance, a person cuts a finger; that is an accident, we give first aid to the injured in the office, and we don't have any report on that, the only reports we have are of those accidents that incapacitate the health, where they demand the money for the time that they have lost due to the accident, and we will
  • 0671 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: solvent, should have been put on there in a liquid state, it would not have showed up white, as it showed up then, but it would have showed up either pink or red, and where the spot of blood was, or whatever it was, that stuff was white, and not pink or red.I returned after making this examination from which I noticed two or three or four chips had been knocked up, the boys told me, by the police that morning; I returned to my office and gathered up what papers I had to
  • 0672 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: in the presence of Mr. J. V. Darley and Mr. Herbert Schiff.I told him that I expected that he had seen what had happenedat the Pencil Factory by reading the newspapers and knew allthe details. He said he didn't read the newspapers and didn'tknow the details, so I sat down and gave him all the detailsthat I could, and in addition I told him something which Mr.Darley had that afternoon communicated to me, viz: that Mrs.White had told him that on going into the factory at about 12o'clock noon on Saturday April 26th, she
  • 0673 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I opened the back door and we made a thorough search of the alleyway and went up and down the alley and then went down that alleyway to Hunter Street and down Hunter to Forsyth and up Forsyth in front of the Pencil Factory. In front of the Pencil Factory I had quite a little talk with Mr. Scott as to the rate of the Pinkerton Detective Agency. He told me that they were and I had Mr. Schiff to telephone to Mr. Montag to find out if those rates were satisfactory. He phoned
  • 0674 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: company with another one of their traveling men, Mr. Jordan. At the corner of Forsyth and Hunter Streets, I met up with a cousin of my wife's, a Mr. Selig, and had a drink at Cruickshank's soda fount at the corner of Hunter and Forsyth. Then I went up into the factory and separated the papers I had brought back with me from Montag Brothers, putting them in the proper places, and sending the proper papers to the different places. I was working along the regular routine of my work, in the factory and
  • 0675 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and my hands and my arms - I suppose he was trying to hunt to see if he could find any scratches. I stayed in there until about 12 o'clock when Mr. Rosser came in and spoke to the detectives, or to Chief Beavers. After talking with Chief Beavers he came over to me and said to me that Chief Beavers thought it better that I should stay down there. He says: "He thinks it better that you be detained at headquarters, but if you desire, you don't need to be locked up in
  • 0676 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: of the note that I wrote. Detective Starnes then took me down to the desk sergeant where they searched me and entered my name on the book under a charge of suspicion. Then they took me back into a small room and I sat there for awhile while my father-in-law was arranging for a supernumerary police to guard me for the night. They took me then to a room on the top of the building and I sat in the room there and either read magazines or newspapers and talked to my friends who
  • 0677 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and in a few minutes afterwards detective Barnes brought upNewt Lee from the cell room. They put Newt Lee into a roomand hand-cuffed him to a chair. I spoke to him at some lengthin there, but I couldn't get anything additional out of him.He said he knew nothing about couples coming in there at night,and remembering the instructions Mr. Black had given me Isaid: "Now, Newt, you are here and I am here, and youhad better open up and tell all you know, and tell the truthand tell the full truth, because you will
  • 0678 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: establishment, to the factory, and I went to headquartersI went to headquarters the second time, going there willinglywithout anybody coming for me. On each occasion I answeredthem frankly and unreservedly, giving them the benefit of thebest of my knowledge, answering all and any of their questions,and discussing the matter generally with them. On Monday theycame for me again. I went down and answered any end all oftheir questions and gave them a statement which they took downin writing, because I thought it was right and I was onlytoo glad to do it. I answered
  • 0679 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: know about him." I said: "Gentlemen, you have come to thewrong man, because Mr. Darley is the soul of honor and is astrue as steel. He would not do a crime like that, he couldn'tdo it," and Black chirped up: "Come on, Scott, nothing doing,"and off they go. That showed me how much reliance could beplaced in either the city detectives or our own Pinkertondetectives, and I treated such conduct with silence and it wasfor this reason, gentlemen, that I didn't see Conley,surrounded with a bevy of city detectives and Mr. Scott, be-cause I
  • 0680 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ever said he couldn't write. I was sitting in that cell in the Fulton County Jail--it was along about April 12th, April 13th or 14th--that Mr. Leo Gottheimer, a salesman for the National Pencil Company, came running over, and says, "Leo, the Pinkerton detectives have suspicion of Conley. He keeps saying he can't write; these fellows over at the factory know well enough that he can write, can't he?" I said: "Sure he can write." "We can prove it." The nigger says he can't write and we feel that he can write." I said,
  • 0681 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: police headquarters, my wife was there when you me, she was downstairs on the first floor, I was up on the top floor. She was there almost in hysterics, having been brought there by her two brothers-in-law, and her father. Rabbi Marx was with me at the time. I consulted with him as to the advisability of allowing my dear wife to come up to the top floor to see me in these surroundings with city detectives, reporters and snapshooters; I thought I would save her that humiliation and that harsh sight, because I
  • 0682 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: had windows opening onto the street. There was no lock on the door, and I know I never went into that room at any hour when the girls were dressing. These girls were supposed to be at their work at 7 o'clock. Occasionally I have had reports that the girls were flirting from this dressing room through the windows with men. It is also true that sometimes the girls would loiter in this room when they ought to have been doing their work. It is possible that on some occasions I looked into this
  • 0683 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Nobody has raised a fund to pay the fees of my attorneys. These fees have been paid by the sacrifice in part of the small property which my parents possess.Gentlemen, some newspaper men have called me "the silent-man-in-the tower," and I kept my silence and my counsel advisedly, until the proper time and place. The time is now, the place is here, and I have told you the truth, the whole truth.EVIDENCE IN REBUTTAL-FOR STATE.J. R. FLOYD, M. GODDARD, L. GODDARD, J. J. BALLARD, HENRY CARR, J. A. RICE, JIM SMITH, all sworn for
  • 0684 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: W. M. COOK, W. J. ELDER, A. B. HOUSTON, J. T. BORN,W. M. WRIGHT, C. B. McGINNIS, F. P. KEPNER, W. C. HALE, L. BOYCÉ,M. G. CALDWELL, A. W. HUNT, W. C. PATTERSON, all sworn for the Statetestified that they knew C. B. Dalton, that his general characterfor truth and veracity was good, and that they would believe himon oath.MRS. H. B. JOHNSON, MISS MARIE CARR, MISS NELLIE PETTIS, MARYDAVIS, MRS. MARY B. WALIA C. ESTELLE WINKLE, CARRIE SMITH, allsworn for the defendant, testified that they were formerly employ-ed at the National Pencil Company
  • 0685 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: MISS DEWEY HEWELL, Sworn for the State in rebuttal.I stay in the Home of the Good Shepherd in Cincinnati. I worked at the Pencil Factory four months. I quit in March 1913. I have seen Mr. Frank talk to Mary Phagan two or three times a day in the metal department. I have seen him hold his hand on her shoulder. He called her Mary. He would stand pretty close to her. He would lean over in her face.CROSS EXAMINATION. All the rest of the girls were there when he talked to her. I
  • 0686 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: W. H. TURNER, Sworn for the State in rebuttal.I worked at the National Pencil Company during March of this year. I saw Leo Frank talking to Mary Phagan on the second floor, about the middle of March. It was just before dinner. There was nobody else in the room then. Mary was going to work and he stopped to talk to her. She told him she had to go to work. He told her that he was the superintendent of the factory, and that he wanted to talk to her, and she said she
  • 0687 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: .on oath.GEORGE GORDON. Sworn for the State, in rebuttal.I am a practicing lawyer. I was at police station part of the time when Minola McKnight was making her statement. I was out-side of the door most of the time. I went down there with habeas corpus proceedings to have her sign the affidavit and when I got there the detectives informed me that she was in the room, and I sat down and waited outside for two hours, and people went and out of the door, and after I had waited there I saw
  • 0688 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: .out a habeas corpus, which I did. The detectives said they wouldn't let her go without your consent. You said you didn't have anything to do with looking her up as to whether Minola McKnight did not sign this paper freely and voluntarily (State's Exhibit J), it was signed in my absence while I was at police station. When I came back this paper was lying on the table signed. That paper is substantially the notes that Mr. February read over to her. As they read it over to her, she said it was
  • 0689 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: our Anglo Saxon liberties."They did not tell me that they al-ready had a statement that she had made, and which she declaredto be the truth.REDIRECT EXAMINATION. You (Mr.Dorsey) did not tell me that youhad no right to look anybody up. I told you that, and you agreedto it, but you would not let her go. I told you that Chief Beav-ers said he would do what you said and then I asked you to giveme an order. You said you wouldn't give me an order. When I toldStarnes that I thought I ought to
  • 0690 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: would not talk, she said she didn't know anything about it. I told her that Albert made the statement that he was there Saturday when Mr.Frank came home, and he said Mr.Frank came in the dining room and stayed about ten minutes and went to the sideboard and caught a car in about ten minutes after he first arrived there, and I went on and told her that Albert had said that Minola had overheard Mrs.Frank tell Mrs. Selig that Mr.Frank didn't rest well and came home drinking and made Mrs. Frank get out
  • 0691 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: out to see her, he said Mr. Starnes and Mr. Campbell would be up there and they would let us know about it, and we went up there and Mr. Starnes and Mr. Campbell brought her in. They let us see her allright. I did not ask Campbell or Starnes to turn her out. I didn't ask anybody to turn her out. I never made any suggestion to anybody about turning her out. Nobody cursed, mistreated or threatened this woman while I was there. I don't know what took place before I got there.E.
  • 0692 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: having stated anything to her mother on Sunday morning. The affidavit does not contain anything that she did not state there that day. Before she made that affidavit, she said he did eat dinner that day. She finally said he didn't eat any. At first she said he remained at home at dinner time about half an hour or more. She finally said he only remained about ten minutes. At first she said Albert McKnight was not there that day. She finally said he was there. She said she was instructed not to talk
  • 0693 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Dr.S.C.BENEDICT, Sworn for the State in rebuttal.I am president of the State Board of Healthas a member of the Board when Dr.Westmoreland preferred charges against Dr.Harrie, these minutes (State's Exhibit N) are correct. I desire to say that we do not wish to open up that question again Dr.Westmoreland's charges are not recorded here. I don't think they were put on the minutes. The reply to the charges were put in the minutes and the action of the Board. The minutes would show what action the Board took.CROSS EXAMINATION. Dr. Harris' reply is not
  • 0694 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: It is due 5 minutes after the hour and the Cooper St. 1d due 7 minutes after. The English Avenue would have to be ahead of time to out off the Cooper St. car. That happens quite often. I have come in ahead of time very often. I have known the English Avenue car to be 4 or 5 minutes ahead of time.CROSS EXAMINATION. I don't know when that happened or who ran the car. I don't know whether they ran on schedule time on April 26, or not. When one car is out
  • 0695 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: next day. If Mary Phagan left home at 10 minutes to 12, she ought to have got to town about 10 minutes after 12, somewhere in that neighborhood. She could not have gotten in much earlier. The time that I saw her is simply an estimate. That was the time my car was due in town. I remember seeing her by reading of the tragedy the next day. I didn't testify at the, Coroners inquest, because nobody came to ask me. No, I have not abused and villified Frank since this tragedy. No, I
  • 0696 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: a minute and a half ahead. I have caught him as much as threeminutes ahead of time last Spring, on the trip due in town 12.07.I didn't report him. I just talked to him. I have known him to beahead of time twice in five years while he was under my super-vision.H. KELLY, Sworn for the State in rebuttal.I am a motorman of the Georgia Railway & Power Co. On April26, I was standing at the corner of Forsyth and Marietta St. aboutthree minutes after 12. I was going to catch the College Park
  • 0697 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: W. M. MATTHEWS, Sworn for the State in rebuttal.I have talked with this man Dobbs (W.C.) but I don't know what I talked about. I have never told him or anybody that I saw Mary Phagan get off the car with George Epps at the corner of Marietta and Broad. It has been 12 years since I have been tried for an offense in this court.CROSS EXAMINATION. I was acquitted by the jury. I had to kill a man on my car who assaulted me.W. C. DOBBS, Sworn for the State in rebuttal.Motorman Matthews
  • 0698 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: EKK.GRAHAM,Sworn for the State in rebuttal.I was at the pencil factory April 26,with Mr. Tillander, about 20 minutes to 12. We met a negro on the ground floor. Mr. Tillander asked him where the office was, and he told him to go up the steps. I don't know whether it was Jim Conley or not. He was about the same size, but he was a little brighter than Conley. If he was drunk I couldn't notice it. I wouldn't have noticed it anyway.CROSS EXAMINATION. Mr. Frank and his stenographer were up stairs. He was
  • 0699 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: was the soul of honor and that we had the wrong man; that there wasno use in inquiring about Darley and he knew Darley could not beresponsible for such an act. I told him that we had good infor-mation to the effect that Darley had been associating with othergirls in the factory; that he was a married man and had a family.Mr. Frank didn't seem to know anything about that. He said it wasa peculiar thing for man in Mr. Darley's position to be associatingwith factory employees, if he was doing it.CROSS EXAMINATION. We
  • 0700 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: CROSSEXAMINATION. I was ten feet from the woman. I didn't notice her very particularly. I did not speak to them.W.T. HOLLIS, Sworn for the State in rebuttal.I don't remember talking to J. D. Reed on April Monday April 29, and telling him that George Epps was with Mary Phagan on my car together. I didn't tell that to anybody. I say like I have always said, that if he was on the car I did not see him.J. D. REED, Sworn for the State for rebuttal.Mr. Hollis told me on Monday April 29, that
  • 0701 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: look her up, it was reasonable and right that she should be looked up. I did that for the best interest of the case I was working on. No, I didn't have any warrant for her arrest. She was brought to Mr. Dorsey's office by a bailiff by a subpoena. I took her away from Dorsey's office and put her in a patrol wagon. I expect Mr. Dorsey knew we were going to look her up, but he did not tell us to do it. No, he didn't disapprove of it. I didn't know
  • 0702 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: dead at 3 A.M. with a rope around her neck indented and the fleshsticking up, bruised on the eye, blood on the back of her head, thetongue sticking out, blue skin, every indication that she came toher death from strangulation, her head down. rigor mortis had beenon her twenty hours, the blood had settled in the back, more the gravitywould naturally take it in the face, she is embalmed, formaldehydeis used and injected in the various cavities of the body, includingthe stomach, a pathologist takes her stomach a week or ten daysafter, finds cabbage
  • 0703 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: hardly any change on its chemical property. When it comes incontact with the formaldehyde it is supposed to be preserved.It has some neutralizing effect on the alkali present. Thatdecomposes in time after death, unless hindered by some preservative.The hydrochloric acids in the stomach also disappear if the stomachhas disintegrated and the preservative has disappeared. It disappearslike the other fluids and tissues of the body unless hindered bysome preservative agent. Sometimes digestion is delayed a gooddeal even in a normal stomach by insufficient mastication, too muchdiluting of the juices, or anything that hinders the operation
  • 0704 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: REDIRECT EXAMINATION.taken out nine days afterwards would be a little in excess of what I would consider normal, under the conditions already named.Dr. GEO. M. NILES, sworn for the State, in rebuttal.I confine my work to diseases of digestion. Every healthy stomach has a certain definite and orderly relation to every other healthy stomach. Assuming a young lady between thirteen and fourteen years of age at 11.30 April 26, 1913, eats a meal of cabbage and bread, that the next morning about three o'clock her dead body is found, that there are indications in
  • 0705 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The starch digestion should have progressed beyond the stateerythrogetrin; in the course of an hour. There should have beenenough free acid to have stimulated the n pyloris, and back to acertain extent, and there should have been some contents in theduodenum. I am assuming of course that it is a healthy stomach andthat the digestion was not disturbed by any psychic cause whichwould disturb the mind or any severe physical exercise. I amnot going so much by the physical appearance of the cabbage. Anysevere physical exercise or mental stress has quite an influenceon digestion.
  • 0706 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: busy at once. Of course, it would not be prepared as well. The digestion would be delayed of course. That cabbage is not as well digested as it should have been (State's exhibit G.) But the very fact of your anticipating a good meal, smelling it, starts your saliva going and forms the first stage of digestion and digestion is begun right there in the mouth, even if you haven't chewed it a single time. Any deviation from good mastication retards digestion. I couldn't presume to say how long that cabbage lay in Mary
  • 0707 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: alfactories act as a stimulant to the salivary glands.DR.JOHN FUNK,Sworn for the State in rebuttal.I am Professor of Pathology and Bacteriologist I was shownby Dr.Harris, sections from the vaginal wall of Mary Phagan,sections taken near the skin service. I didn't see sections fromthe stomach or the contents. These sections showed that theepithelium wall was torn off at points immediately beneath thatcovering in the tissues below, and there was infiltrated pressureof blood. They were you might say engorged, and the white bloodcells-in those-blood vessels were more numerous than you willfind in a normal blood vessel.
  • 0708 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: fluid containing usual amount of formaldehyde, this being injected into the veins in the large cavities, she is interred thereafter, and in about a week or ten days she is disinterred, and you find in her stomach cabbage like that, (State's Exhibit G) and you find granules of starch undigested, and those starch granules are developed by the usual color tests, and you also find in that stomach thirty two degrees of combined hydrochloric acid, the pylorus closed, and the duodenum, and six feet of the small intestines empty, no free hydrochloric acid being
  • 0709 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: EVI DENCE FOR DEFENDANT IN SUR-REBUTTAL.T. Y. BRENT, Sworn for the defendant in sur-rebuttal.I have heard George Kendley on several occasions express himself very bitterly towards Leo M. Frank. He said he felt in this case just as he did about a couple of niggers hung down in Decatur; That he didn't know whether they had been guilty or not but somebody had to be hung for killing those street car men and it was just as good to hang one nigger as another, and that Frank was nothing but an old Jew and
  • 0710 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: S. L. ASHER, Sworn for the defendant, in sur-rebuttal.About two weeks ago I was coming to town between 5 and10 minutes to one on the car and there was a man who was talkingvery loud about the Frank case and all of a sudden he said,"They ought to take that damn Jew out and hang him anyway". Itook his number down to report him.CROSS EXAMINATION. I have not had a chance to report since ithappened.ADDITIONAL STATEMENT MADE BY DEFENDANT,LEO M. FRANK.In reply to the statement of the boy that he saw me talk-ing to
  • 0711 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: STATE'S EXHIBIT A. state's diagram of the pencil factory.
  • 0712 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: STATE'S EXHIBIT A.State's diagram of the pencil factory.DEFENSE BATTPRISONER FRANK AND SHERIFFON WAY FROM JAIL TO COURTLeo M. Frank, Supt. Pencil FactoryW. W. Mangum, Sheriff.PATPAT WASSTATE'S EXHIBIT B.Frank's statement made before Naj. Jimford, Chief of DetectivesOn Monday morning, April 28, 1913, the statements of being investigated.I am general superintendent and Director of the National Pencil10, 1908, by plans of business--is at 37 to 41 So. Forsyth st. Wethere are a few more girls. The plant, Saturday and formal, I guessholiday with the Company and the factory was shut down. There werethe stenographer were in
  • 0713 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: was right in front of me. - I said, "I will be ready in a minute" and he went downstairs and I come to the office and put on my coat and hat and followed him and went down. When I went out, talking to Newt Lee was J.M.Gantt, a man that was fired about two weeks ago. Newt Lee told me he wanted to get in to get a pair of shoes he had left there. I went and told Mr. Frank, and Mr. Frank said to me, "What does he want?" and
  • 0714 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: STATE'S EXHIBIT C.Piece of cord found around Mary Phagan's neck, about size of a heavy twine, with a knot in it.STATE'S EXHIBIT D.Rag that was found around Mary Phagan's neck, white piece of cloth, soiled. Looked as if it was a piece torn off from petticoat.STATE'S EXHIBIT E.Four or five chips of wood, with red splotehes on them, chipped up from the second floor of the National Pencil Company factory in front of ladies dressing room.STATE'S EXHIBIT F.Shirt found by detectives in trash barrel at Newt Lee's home. Shirt was very bloody blood was
  • 0715 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: STATE'S EXHIBIT J.Affidavit executed by Minola McKnight for Solicitor Dorsey, as follows: -"State of Georgia,County of Fulton.Personally appeared before me a Notary Public in and for the above State and County, Minola McKnight, who lives in the rear of 351 Pulliam St., Atlanta, Ga., who being duly sworn deposes and says:On Saturday morning, April 26,1913, Mr. Frank left home about eight o'clock, and Albert, my husband, was there too, Albert got there I guess about a quarter after one and he was there when Mr. Frank had them lock the door after dinner, but
  • 0716 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: net to say anything about what happened at home there?A. Yes sir.Q. Is that true?A. Yes sir.Q. And that's the reason you would rather have been locked up last night than tell?A. Yes sir.Q. Has Mr. Pickett or Mr. Graves or Mr. Campbell or myself influenced you in any way or threatened you in any way to make this statement?A. No sir.Q. You make it of your own free will and accord in the presence and in the presence of Mr. Gordon, your attorney?A. Yes sir.(Signed) Minola McKnight.Sworn to and subscribed before me, this
  • 0717 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: He said he would love some ladies down at the right in high still is but that he is tall black negro or big himselfMan that negro fire in here did that when I went to make water and he pushed me down a hole in a tall negro black that he did itL.N. 4/26/13377
  • 0718 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: STATE'S EXHIBIT L.A small whip handle found by detective McWorth at thepencil factory.STATE'S EXHIBIT M.CLOTHES WORN BY MARY PHAGAN CONSISTING OF hat, hair ribbons(2), dress, corset with hose supporters attached, one broken,corset cover, knit underwear, underskirt, drawers, (right leg tornand soiled with blood), pair of silk garters, pair of hose, pairof low shoes, handkerchief, parasol.STATE'S EXHIBIT N.Copy of the minutes of the state Board of Health, found onpages 144-145 thereof, reading as follows:"The President then addressed the Board at length on hisreasons for thinking that the Secretary should be requested toresign, the subjects dealt
  • 0719 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: against the Secretary by the President of the Board in a report to the Governor, and upon which they are called upon to act, beg to report as follows:-Resolved:- "That the members of the Board present, after carefully considering the charges and all the evidence in its possession, unanimously agree that there have been certain slight irregularities in the conduct of some departments of the laboratories of the State Board of Health, which should be corrected; these irregularities have not been as important in character or result as some of the newspapers have demanded
  • 0720 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: STATE'S EXHIBIT 2Miss Hattie Hall's testimony before Coroner's inquest, as follows:-"He (Mr. Frank) came to Montag's office and I went to his office. I went to his office after he went to his, somewhere between 10:30 and 11. I didn't notice the clock. Ask to whether I got any financial sheet on Monday, or not, I remember the previous Saturday I was at the pencil factory and I helped him make up the financial sheet. I filled in part of it, I suppose by that he must have got at up. I transferred some
  • 0721 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: STATE'S EXHIBIT S. Portion of the affidavit made by Lemmie Quinn for Solicitor Dorsey as follows:- "The doors that lead up to the back stairs, after work hours are locked, but this door at the back of my department, the lock had been broken off and we placed a bar across it. The idea of that was to keep employees from the fourth floor going down from that department and ringing out and getting their money before it was ready. Customarily it was closed. That was the purpose. There is no exit from the
  • 0722 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: stayed.No, he didn't leave before I up.Yes, I took a nap.He came a little after one and we ate dinner and I laid down and took a considerable nap."STATE'S EXHIBIT EPortion of testimony of Mrs. Josephine Selig before the Coroner's inquest, as follows:-"As to what Mr. Frank said about this affair, I don't know if he made any reference to it.The Mrs. Frank had told me.I don't remember that he said anything at all about this crime.He probably spoke of it in a general way.He is superintendent of the pencil factory, I think I
  • 0723 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: He said he would love me laid down like the night witch did it but that long tall black negro did by hisself.
  • 0724 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: STATE'S EXHIBIT 2.Note found by policemen in sawdust by side of the body ofMary Phagan, written on yellow paper.CORONA. CROWN CO.37 & 39 SOUTH FORSYTH ST.ATLANTA, GA. 190.PUT THIS ORDER NUMBER ON YOUR BILL. ORDER NO.Bell Phone Main 171.I'm going away to nightto meet my husbandin Atlanta. PeriodI'll write to youlater. PeriodThis is the lasttime I'll writefor a long time.I want to talkto you.(Man that negro fire down here did this I went to makewater and he pushed me down a hole a long tall black mandid this he had it all right while
  • 0725 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEPUTY SHERIFF'S EXHIBIT I.Time slip, dated April 28, taken out of clock by Frank.SOLICITOR DORSEY stated in open court that he had examined this time slip, and on this time slip, he had found the word "Sweat" written. Supposing it to have been written by Frank, he had the time slip taken out of the clock.101 6:31102 7:00103 7:00104 7:00105 7:00106 7:00107 7:00108 7:00109 7:00110 7:00111 7:00112 7:00113 7:00114 7:00115 7:00116 7:00117 7:00118 7:00119 7:00120 7:00121 7:00122 7:00123 7:00124 7:00125 7:00126 7:00127 7:00128 7:00129 7:00130 7:00131 7:00132 7:00133 7:00134 7:00135 7:00136 7:00137 7:00138 7:00139
  • 0726 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 48Packing room reports, being part of data for financial.Form 003-346-12-12NATIONAL PENCIL CO.ATLANTA, GA.DAILY REPORTMondayDept. PackingDept. No. 13264-55 of Pearl 4/6383-37 of Mumford 52 1/2385-35 191 of Pearl 605 7/892-70 of Black 12 1/2688-40 of Mumford 7 1/815-100 of Cedar 1 6 1/210 1/2136 1/2686Date 4/24/12Signed EulaForm 003-346-12-12NATIONAL PENCIL CO.ATLANTA, GA.DAILY REPORTTuesdayDept. PackingDept. No. 13264-55 of Pearl 4/6383-37 of Mumford 52 1/2385-35 191 of Pearl 605 7/892-70 of Black 12 1/2688-40 of Mumford 7 1/815-100 of Cedar 1 6 1/210 1/2136 1/2686Date 4/24/12Signed EulaForm 003-346-12-12NATIONAL PENCIL CO.ATLANTA, GA.DAILY REPORTWednesdayDept. PackingDept. No. 13264-55 of
  • 0727 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Form 003-M-28-12-12NATIONAL PENCIL CO.,ATLANTA, GA.DAILY REPORTDept. PackingNo. 1Date FridaySigned Ella91-220 Cardboard 3%87-510 Pencils 2%149-910 Lead 6%12-660 Envelopes 5%111-210 Rubber Bands 1%326-210 Ink Erasers 2%#1920 Gummed Flyers 1%Total 15.6%Form 003-M-28-12-12NATIONAL PENCIL CO.,ATLANTA, GA.DAILY REPORTDept. PackingNo. 13Date FridaySigned Ella91-220 Cardboard 3%197-910 Pencils 3%198-910 Lead 3%12-660 Envelopes 2%111-210 Rubber Bands 1%224-555 Erasers 6%378-135 Pads 9%939-200 Ink 2%939-10 Erasers 3%Total 31.3%Form 003-M-28-12-12NATIONAL PENCIL CO.,ATLANTA, GA.DAILY REPORTDept. PackingNo. 13Date MondaySigned Ella227-430 String 2%89-210 Cardboard 3%91-210 Lead 6%116-210 Rubber Bands 2%125-210 Envelopes 6%91-210 Ink 9%#1920 Gummed Flyers 6%Total 13.6%Form 003-M-28-12-12NATIONAL PENCIL CO.,ATLANTA, GA.DAILY REPORTDept. PackingNo. 13Date TuesdaySigned Ella939-200 Ink Wash
  • 0728 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: NATIONAL PENCIL CO.,ATLANTA, GA.DAILY REPORTForm 003-M-2a-12.Dept. Packing Dept. No. 1390 - D pencils 42 - 6 1/241 - 210 210 7116 - 210 Comero. Bag 15271 - 950 950 7274 - 0 Unringed 4815 - 0 Ringed 15334 - us Twine 56204 - 89 89 50855 Bundles 115 50136Date 4/24/13 Signed EllaNATIONAL PENCIL CO.,ATLANTA, GA.DAILY REPORTForm 003-M-2a-12.Dept. Packing Dept. No. 13929 - 20 929 34686 - 40 686 54R.C. 54Med. 136Blood 15343Date 4/24/13 Signed EllaNATIONAL PENCIL CO.,ATLANTA, GA.DAILY REPORTForm 003-M-2a-12.Dept. Auto Dept. No. 2504 - 00 59090 - 11 20506 - 30 1030 30
  • 0729 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: NATIONAL PENCIL CO.,ATLANTA, GA.Form 003-30-12.DAILY REPORTDept. 770Dept. No. 22111 7/0 lead 177 x 1 " 28070 " 13506 " 113 x 2 3/4 9725 " 7010 " 12507 " 216Date 4/24/13 Signed Samuel HDate 4/24/13 Signed Fannie ADEFENDANT'S EXHIBIT 4b (contd.)NATIONAL PENCIL CO.,ATLANTA, GA.Form 003-30-12.DAILY REPORTDept. 770Dept. No. 227/0 lead 37 x 1 " 1070 " 4095 " 47216DEFENDANT'S EXHIBIT 4cDaily report of lead deliveries from lead plant, part of data for financial.1 Box 3992 910/78 127 Gross1 " 3993 - 247 "2 " 3994 - 254 "2 " 3995 - 264 "2 "
  • 0730 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT "40"Report of tip deliveries from tip plant, being part of data for financial:"Weekly report of Metal Dept. #18April 24, 1913.Large hyalet Mach. 804Small " " 440Brazing " 644Knurling " 885Tips delivered#5 850#10 448#12-Redipped 35#17 641,877(Signed) J.A. Quinn
  • 0731 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT B.Abstract (of orders) sheet, being a complete record (beginning with the week ending Jan.16,1913) of the number of orders received each week, classified as to price under different headings, said number being totaled at the end of each week and the average price ascertained. The following is a record of orders for the factory month of April, 1913:WEEK ENDING 4/5/1360ct. 70ct. 80ct. 90ct. $1.00 $1.10 $1.20 $1.30 $1.40 $1.50 $1.60 $1.70 $1.80 $1.90 $2.00Friday 28 159 4/8 30 7/8 3/4 5 33 1/2 20 1/2 15 1/2Saturday 29 1 2/8 30 2
  • 0732 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 6.Value of shipments for week ending April 24, being part ofdata for financial.SHIPMENTS WEEK ENDING 4/24/1318th( 29.57( 27.00( 22.40( 40.00( 124.00( 86.42( 22.59( 17.50( 14.66( 87.00Apr. 18e 400.7519 482.0021 1146.0622 1457.0523 706.6324 1246.0719th( 10.40( 12.80( 17.50( 14.92( 75.04( 45.80( 21.25( 128.10( 51.65( 69.55( 124.00( 17.50( 17.84( 15.07( 75.99( 13.70( 40.65( 14.25( 14.66( 16.67( 10.00( 13.70( 1267.2823rd( 185.70 ( 204.52( 12.04 ( 644.40( 28.98 ( 142.08( 29.13 ( 89.00( 29.80 ( 27.75( 80.00 ( 15.48( 11.5924th( 23.04( 19.45( 14.15( 20.00( 87.70( 5.16
  • 0733 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: NATIONAL PENCIL CO., Atlanta, Ga.FACTORY RECORDPENCIL STOCKWeek Ending April 27 - 1913DATE 10 EX 20 EX 40 EX 60 EX 80 EX 100 EX 120 EX 144 EX 160 EX 176 EX 192 EX 208 EX 224 EX 240 EX 256 EX 272 EX 288 EX 304 EX 320 EX 336 EX 352 EX 368 EX 384 EX 400 EX 416 EX 432 EX 448 EX 464 EX 480 EX 500 EX TOTALIN STOCKApril 17 294 32 65 42 61 34 10 100 10 94 5794 3 10 2 61 163 5479 64 10
  • 0734 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: NATIONAL PENCIL CO., Atlanta, Ga.FACTORY RECORD.Week Ending.April 19, 1913.PENCIL STOCK.STATE.510x.410x.320x.24x.911x.704.904x.6xx.Japan.#2.#3.#4.1490.1410.1410.410.320.200.200.With Hand Written.Pencil Co.Atlanta.TOTAL.Finish.4.36½.17½.4½.1x.4.9½.1x.7.31½.L.26.30.TOTAL.46.31½.6½.19½.50.4.15.20.2½.9.19½.31.22.19½.23.24.TOTAL.19½.8 25.6.31.25.Stock Bad.This Week.19½.P 25 6.9½.100 71.100 129.Total.Stock Bad.This Week.Total.Stock Bad.End Week.TOTAL.
  • 0735 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: NATL. PENCIL Co., Atlanta, Ga.FACTORY RECORDPENCIL STOCKWeek EndingJuly 11, 19131 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85
  • 0736 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 8Eight carbon copies of eight letters, all dated April26, 1913, and addressed toSchroder & Lombard Engraving Co., 18 Franklin St., N. Y.Henry Diston & Sons, Philadelphia, Pa.J. Ellinger Co., 621 Broadway, N. Y.Southern Bargain House, Richmond, Va.American Supply Co., 104-6 Halsey St., Newark, N. J.Jasman Mfg. Co., 124 E. Kinzie St., Chicago, Ill.The Pullman Co., Chicago, Ill.Schroder & Lombard, 18 Franklin St., N. Y.and signed "National Pencil Company, by H. R. Supt."On each letter are the initials "LMF-HR".Each letter acknowledges receipt of letter receivedfrom the addresses and whose names are set forth
  • 0737 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: A large book containing all of the financial sheets ofthe National Pencil Company, beginning with the week endingNovember 25, 1909, and ending with the week ending April 24,1913. Each of these sheets report the financialoperations of the National Pencil Company for the respectiveweek named thereon, and in form is identical with the sheet ofApril 24, 1913, set forth herein as "Defendant's Exhibit 2".
  • 0738 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 10.a small receipt book containing the following receipts:April 19,1913. Received of National Pencil Co. 15 cents--Kerosene. (Signed) Nute Lee, F.April 21,1913. Received of National Pencil Co. 75 cents--type. (Signed) A.Mann, F.April 21,1913. Received of National Pencil Co. Two dollars,Dray. (Signed) Truman Modkary.April 21,1913. Received of National Pencil Co. $8.50, cases. (Signed) John Glass.April 21,1913. Received of National Pencil Co. 35¢--express--Warner. (Signed) 30, Express Co., F.April 21,1913. Received of National Pencil Co. 50¢--postagestamps. (Signed) A. Mann, F.April 21,1913. Received of National Pencil Co. 25¢--parcelpost. (Signed) A. Mann, F.April 22,1913. Received of National Pencil
  • 0739 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 11.Comparison sheet, 1912-1913, being part of data for financial sheet:Comparison 1912-13Wk ending Apr.24/13(48 hrs) 1912 1913Payroll 1036.15 1052.55Mch.Shop 75 70.00Expense 1551.55 1623.20Matl.Cost 1271.46 1652.56Total expenditures 2856.01 3175.75Net Value Productions 2431.28 3066.31Apparent Results -Deficit 424.79 Def.109.44Value shipments 2523.28 5436.78 2509 gr. 4374 gr.Productions: Net 2152% 2710%Good 454% 700Medium 829 629%Cheap 546 599Jobs 300 791Percent Jobs 14% 29%Remarks 1912 55 hrs. work
  • 0740 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Page 56 7 Home Order Book DEFENDANT'S EXHIBIT 12.Salesman Ship to Kind No. Qty State date rec'd how ship Page 57.7187-D.R. E.W. Co. 557 Reg. 24/12 St. Joe, Mo. 4/26/13 at once 4/28/137188-D.R. " 468 " 4/26/13 Peru, Ind. 4/26/13 " " 4/28/137189-D.R. " 455 " 4/26/13 Logansport, Ind. 4/26/13 " " 4/28/137190-D.R. " 458 " 4/26/13 Pekin, Ill. 4/26/13 " " 4/28/137191-D.R. " 425 " 4/26/13 Wilke barre, Pa. 4/26/13 " " 4/28/137192-D.R. " 262 " 4/26/13 Saginaw, Mich. 4/26/13 " " 4/28/137193-Mich. 300 5 210 " 4356-Sault Ste. Marie, Mich. 4/26/13 "
  • 0741 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 13.Model of the National pencil company made by H.Willett.
  • 0742 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 14 to 24 inclusive.Eleven original orders addressed to the National Pencil Co., Atlanta, Ga., signed by the following firms:F.W.Woolworth Co.(Store #65 - Syracuse, Ind." " #7 - Ft. Wayne, Ind." " #25 - Decatur, Ind." " #26 - Wilkesbarre, Pa." " #28 - Saratoga Springs, N.Y." " #104 - Sault Ste. Marie, Mich.Beutel Bros. Co., Dubuque, Iowa.Montag Bros., Atlanta, Ga.John Mager & Co., Chicago, Ill.R.R.Kindell & Co., Cincinnati, Ohio.said orders request the National Pencil Company to ship to said respective firms, at once, certain merchandise (pencils) noted therein. Each of said orders
  • 0743 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 25.Requisition sheet in handwriting of Leo M.Frank as follows:House No. 7197 Date April 26, 1913Salesman D.P. Order No. 4/24/13Bill toNATIONAL PENCIL CO., ATLANTA,MANUFACTURERS GA.Ship to F.W.GO. 617 Felix St.Ship When at once 3t, Joseph, Mo.RemarksSales No. Amount Name or Remarks45x 4 4220x 1/2 #4 1/2280x 1/2 #4 1/2440x 1/2 #5 1/2720x 1/2 W.P. 1/2630x 1/2 1/2910 1/2 1/2908 1/2 1/2430 1/2 1/2240 1/2 1/2O.K. CompleteHGSDate Shipped Complete April 28, 1913SHIPPED COMPLETEApril 28, 19132700.X03
  • 0744 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT NO. 60.Requisition sheet, in handwriting of Leo M. Frank, as follows:House Number7168DateApril 26, 1913SalesmanBill toJ. P. P.Order No.4/22/13NATIONAL PENCIL CO.,MANUFACTURERSATLANTA, GA.Ship toF & W Co.AtTerre Haute,Ship Whenat onceRemarksInd.Sales No. Amount Name or Remarks37 155 246 2180 2165 3920 1910 1April 26, 19131322311CompleteO.K.HdSDateShippedShipmentApril 26, 1913Shipped CompleteApril 26, 19137/6/13
  • 0745 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: House No. 7129 Date April 26, 1913 Order No. 191Salesman D.P. Order No. 4/26/13Bill to NATIONAL PENCIL CO., ATLANTA, GA.MANUFACTURERSShip to F & W Co. $25 At Logansport, Ind.Ship When At onceRemarks c/o Penna RySales No. Amount Name or Remarks Apr.26,191310 4 457 1 135 1 180 2 2 20 Sub.Pls.45 1 1140 1 1155 1 1660 1 1630 1 1910 1 11008 1 11008 1 1440 1/2 1/2280 1/2 1/2O.K. HGS CompleteDate complete shipmentApr.26,1913SHIPPED COMPLETEApr.26,19138708
  • 0746 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 28.Requisition sheet in handwriting of Leo M. Frank as follows:House No.7190DateApr. 26, 1913191SalesmanD.P.Bill toOrder No.4/26/13NATIONAL PENCIL CO.,MANUFACTURERSATLANTA,GA.Ship toE. W. Hood, 566At347 E. Main St.Ship Whenat onceDeKalb, Ill.RemarksSales No.AmountName or RemarksApr. 26, 1913104420230 sub. Pta.237225522452212022O.K.CompleteHBSDatecompleteshipmentApr. 26, 1913SHIPPED COMPLETEApr. 28, 19132704406
  • 0747 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 20.Requisition sheet in handwriting of Leo M. Frank as follows:House No. 7191 Date Apr. 26, 1913Salesman D.P. Order No. 6/24/13Bill to NATIONAL PENCIL CO., 191MANUFACTURERS ATLANTA, GA.Ship to P. & W. Co. $25 At Wilkes-Barre,Ship When @ Pema Ky PennaRemarks BY ONCESales No. Amount Name or Remarks Apr. 29, 191310 5 535 5 5770 2 2430 5 5640 2 2840 2 2908 1 1280 1/2 1/2280 1/2 1/2280 1/2 1/2440 1 1440 1 1440 1 1720 1 W P 1OK HGS OSCompletedateshipmentApr. 29, 1913SHIPPED COMPLETEApr. 29, 1913
  • 0748 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 30.Requisition sheet in handwriting of Leo M.Frank, as follows:House No. 7198 Date April 5, 1913 191Salesman D.P. Order No.4/24/13Bill to NATIONAL PENCIL CO., MANUFACTURERS ATLANTA, GA.Ship to E.W.J. & Co. / 2000 At Saratoga Springs,When at ONCE N.Y.Remarks: O/D & E.Ry 416-18 BroadwaySales No. Amount Name or Remarks 1/2810 520 5 20 Sub Pkgs.37 136 145 1120 1140 1155 1770 1 #3650 1620 1980 1910 1 980 Sub.950 1420 1220 1 #3280 1 #4840 11000 1/21002 1/2880 1/2 #2280 1/2 #3480 1/2 #5440 1/2720 1/2 W.POK HGS 08SHIPPED COMPLETEAPR 25, 1913
  • 0749 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 21.Requisition sheet in handwriting of Leo M. Frank, as follows:House No.7193Date April 26, 1913 191SalesmanBill to Ma11Order No. 04856NATIONAL PENCIL CO., ATLANTA, GA.MANUFACTURERSShip to 5 & 10c StoreSault Ste. Marie,Ship When August 1stRemarks #104Sales No. Amount Name or Remarks10 1035-37 5 Asstd45 5910 5640 51008 21008 2Best Route to Chicagothen by water
  • 0750 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 52.Requisition sheet in handwriting of Leo M. Frank, as follows:House No. 7194 Date Apr. 26, 1913 Order 191Salesman H.G. Order No. 4/25/13Bill to NATIONAL PENCIL CO., ATLANTA.MANUFACTURERSShip to Earlell Bros. Co. At 619-659 Clay st.Ship When At once Dubuque, IowaRemarks:Sales No. Amount Name or Remarks May 6, 1913480 5 5 ✓210 5 5 ✓55 25 5 ✓20 20 5 ✓30 25 5 ✓O.K. H.G.S. Complete(Shipping ClerkInclude all B.'s with this)datecompleteshipmentMay 6, 1913SHIPPED COMPLETEMay 6, 19132756410
  • 0751 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 53Requisition sheet in handwriting of Leo M. Frank, as follows:House No.7196SalesmanBill toDate - May 26, 1913Order No. 4/26/13NATIONAL PENCIL CO., ATL.MANUFACTURERSShip to Montag Bros.Ship When at onceAt Atlanta, Ga.Remarks:Sales No. Amount Name or Remarks May 26, 1913136x 50 Blks. sub. 55 gro. pts. 501900 10 added 4/29 81920 10 Transferred 51840 10 10R910 10 1040x 50 added 5/6/13 50480x 2 2420x 10 5/26/13 10O.K.HGSC.B.BookFILE BMay 6, 1913May 26, 1913
  • 0752 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 34.Requisition sheet in handwriting of Leo M.Frank, as follows:House No. 7196 Date April 26, 1913 191Salesman Bill toNATIONAL PENCIL CO., ATLANTA,MANUFACTURERSShip to John Magnus Co. At 1055 W. 35th St.Ship When at onceRemarks: Chicago, Ill.Sales No. Amount Name or Remarks Date, 26, 1913156x 25 25O.K.HGSCareful selection of goods.CompleteDatecompleteshipmentApr. 26, 1913SHIPPED COMPLETEApr. 26, 19132698
  • 0753 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 35.Requisition sheet in handwriting of Leo M. Frank, as follows:House No.7197Date. Apr. 26, 1913.SalesmanBill to H.G. 191NATIONAL PENCIL CO., Order No. 4/24/13MANUFACTURERS ATLANTA.Ship to R. P. Kindle & Co. At 512 Plum St.,Ship When at once Cincinnati, OhioRemarks:Sales No. Amount Name or Remarks160x 3p. 50 F.O. 154 51 1/2no stampHoldCANCELLED6/17/13643
  • 0754 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 36.STATEMENT OF JAMES CONLEY MADE TO JOHN R.BLACK AND H. SCOTT AT POLICE BARRACKS, ATLANTA, GA., SUNDAY, MAY 18, 1913.My full name is James Conley. I reside 152 Rhodes St. with Lorine Jones, who claims to be from Cartersville, Ga. This woman is not my wife, and I have been living with her for a little over two years. I have been having intercourse with Lorine Jones. I have been employed as elevator man and roustabout at the National Pencil Co. factory in Atlanta for the past two years. Before going to
  • 0755 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 37.STATEMENT OF JAMES CONLEY OF MAY 24,1913.STATE OF GEORGIA,COUNTY OF FULTON.Personally appeared before the undersigned, a Notary Public, in and for the above State and County, James Conley, who being sworn on oath says:On Friday evening before the holiday, about four minutes to one o'clock, Mr. Frank come up on the fourth floor where I was coming to his office.That was the Isle and asked me to come to his office.That was on the fourth floor where I was working, and when I went down to the office he asked me could
  • 0756 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ON Friday, April 25,1913, I went to Frank's office at four minutes to one, which is a mistake. I made this statement in regard to Friday in order that I might not be accused of knowing anything of this murder, for I thought if I put myself there on Saturday, they might accuse me of having a hand in it, and I now make my second and last statement regarding the matter freely and voluntarily, after thinking over the situation, and I have made up my mind to tell the whole truth, and nothing
  • 0757 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: that you get that next week" and they stood there and talked a-while but she did not hear anything else they said, then shewent on out the door while they come back up the steps, and Mr. Darleystepped up there and Mr. Holloway come down and left and I didnot see him anymore. While they were coming down, about 5minutes after Mr. Darley had gone, Mr. Holloway went out on the side-walk and stood there 3 or 5 minutes and Mr. Holloway came back and went backup the steps, and then here come another
  • 0758 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I said "I got too hot in there," and he said "I see you are sweating", when he opened the door he was staring to step out and his eyes were looking large then suddenly look, and he jerked the door open and I was right in front of the door and them Mr. Frank said to me to sit down in a chair.In the one that turns all-the-way-around-and when I sat down he told me to get up and shut the door that was the door between his office and the stenographer's office,
  • 0759 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Said "Well, is that will you want for good Mr. Frank" and he said Urea and I saw him be one I wrote on was and take out a brownish looking scratch pad the one I wrote on was and he said I saw him take out a brownish looking I took his pencil and made a mark or it.I took it to be and "No" but he shut the tablet up and looked at me and told me that was all he wanted me, and he come all the way to the top
  • 0760 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: tomorrow, and I went and changed shoes and pulled off the pants andput on my hat and come down at 10 minutes to 10, and didn't goback any more until Tuesday morning and went to work at Tuesdaymorning and got through with my work and went downstairs abouthalf past 9 and there was such a crowd down there I didn't staylong, and I come back up the aisle and went to taking up some trashand about half past 10 or 11 o'clock, Mr. Frank come back up theaisle and leaned over the table right
  • 0761 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: got a piece of cloth, and I got a big wide piece of cloth andcome back there to the men's toilet where she was, and I tied herup, and I taken her and brought her up there to a little dressingroom, carrying her on my right shoulder, and she got too heavy forme and she slipped off my shoulder and fell on the floor rightthere at the dressing room and I hollered for Mr. Frank to comecome down there and he was too busy at his work, and Mr. Frankdown there to me and
  • 0762 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: where was the money he said he was going to give me and Mr.Frank said "here, here is the two hundred dollars," and he handed me a big roll of green bank money and I didn't count it. I stood there a little while looking at it in my hand, and I told Mr.Frank he would take another dollar for that watchman, and he said he would not - and the rest is just like I told it before. The reason I have not told this before is I thought Mr.Frank would get out
  • 0763 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 40.Cash book of the National Pencil Company, page 197 of which contains the following entries, in Frank's handwriting:Page 195 v, page 1971913 Cash Dr. 1913 Cash4/28 Balance 59.95 4/28 W. Rosene Cr. 15 To check 15.00 " W.V. 4.70 " 15.00 " D.W. 1.00 " 16.00 " expenses 10.50 " 53.85 " express 1.10 " " stage 1.00 " Parcel post .16 " 2 wks rent typewriter 2.00 " Supplies, Schmeegass .45 " 24-Hdw.Co. .85 " J.A. Smith 11.50 " Vendale .50 " H. .40 " H. & H. Wright 4.00 "
  • 0764 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 44.Cash book items made out by Frank to balance same.Kerosene .15 .15Type .75 .75Dray 2.00 2.001.00 1.002.00 2.006.70 6.70cases 2.25 2.251.25 1.251.75 1.751.50 1.5010.50 10.50Express .55 7.75 12.40Postage .50 & .60 1.10Parcel post .02 6.13 3.00Rent Typex. 2.00 wks 4.00Supplies .48-80hm. .48Xmas in .85 2.16King Mde. .60 2.15Thread .05 .65Garf .10 8.65Herbert Wright 4.00 11.6029.85 4.0030.00 39.8169.8520.8130.04Cash box $4.84 shortO.K. F=6/13
  • 0765 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT NO. 42.Letter written by Leo M. Frank to Mr. Moses Frank. The letter was not typewritten, but was in long hand and was as follows:SLAT MILL,OAKLAND CITY, GA.LEAD MILL,BELL ST. & SOU. R.R.NATIONAL PENCIL COMPANYOFFICE AND FACTORYATLANTA, GA., April 26, 1913.Dear Uncle:I trust that this finds you and dear Aunt well. After arriving safely in New York, I hope that you found all the dear ones well in Brooklyn, and I await a letter from you telling me how you find things there. Lucille and I are well.It is too short a
  • 0766 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 45.weekly report forwarded to James P. Frank by Leo M. Frank,enclosed in Leo M. Frank's letter to James Frank, as set forthin Exhibit "42", said report being in Frank's handwriting, samebeing folded to the same size as envelope set forth in Exhibit"44" herein.FINANCIAL.Week ending April 24, 1913.Production: NetGood 2714 gr.Medium 700 gr.Cheap 629 gr.Jobs 59 gr.791 gr.Net Value Prod'n 3066.31Total Expenditures 3175.75Result-Deficit 109.44Shipments$5438.784374 gr.Orders received 33530.31 value1904 casesO.K. - F
  • 0767 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 44ENVELOPE IN WHICH LEO M. FRANK'S LETTER (EXHIBIT 42) TO MOSES AND INTERCITY REPORT (EXHIBIT 43) WERE ENCLOSED. THE ADDRESS ON SAID ENVELOPE BEING IN LEO M. FRANK'S HANDWRITING.NATIONAL PENCIL CO.ATLANTA, GA.Mr. L. M. Frank,c/o Hotel McAlpin,Broadway & 34th St.,New York, N.Y.Atlanta, GA.April 26,6-1913
  • 0768 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 45.Weekly report sent by Leo M. Frank to Oscar Pappenheimer and received by the latter on April 28, 1913, said report being in the handwriting of Frank.FINANCIAL.Week ending April 24, 1913.Production:- NetGood 2719 Gr.Medium 689 Gr.Cheap 659 Gr.Jobs 791 Gr.29%Net Value Prod'n $3066.51Total expenditures 3176.75Result- Deficit 109.44Shipments$5459.784374.44Orders received $3320.51 Value1904 GrossO.K. - F
  • 0769 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 46.weekly financial reports of the business of the NationalPencil Company sent by Leo M. Frank to Oscar Pappenheimer, foreach week beginning January 16, 1913 and ending with the weekending April 24, 1913, each of said reports being identical inform with the defendant's exhibit "46" and being in the handwritingof Leo M. Frank.DEFENDANT'S EXHIBIT 47.Pay envelope found by detective Starnesworth. It is anordinary pay envelope used by the pencil company with the number"186" written thereon, with the first initials of a name on it,as "M" and a "Ph".DEFENDANT'S EXHIBIT 48.Club found by detective
  • 0770 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 51.Twelve cancelled checks drawn on the Atlanta National Bank, signed by Leo M. Frank as follows:No. Date Amount Payee Endorsements460- 4/12/13 - $20.00 - Mrs. L. M. Frank Mrs. L. M. Frank Chamberlain-Johnson-DuBose Co.451- 4/12/13 - 1.50 - West View Floral Co. West View Floral Co.452- 4/12/13 - 12.54 - Haas & Co. Haas & Co.453- 4/9/13 - 32.50 - Rivers Realty Co. Rivers Realty Co. American Natl. Bank454- 4/9/13 - 5.00 - Mrs. A. Selig Mrs. A. Selig S. Schloss Co. Travelers Bank & Tr. Co.454- 4/6/13 - 4.75 - S.
  • 0771 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: O O O 7-75SidePantryCupboardSuppaDining RoomSideboardFireplaceTableKitchenRangeTableLampTo BasementRear PorchParlorReception RoomTelephone
  • 0772 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: O O O 7 3 7 6FULTON BAGMURDER OF MARY PHAGAN
  • 0773 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 0000-07-77
  • 0774 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 61.Plat of the basement, first floor and second floor ofthe National Pencil Company factory.STORE ROOMSTORE ROOMENTRANCEFIRST FLOORNATIONAL PENCIL CO.
  • 0775 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: NATIONAL PENCIL CO.FIRST FLOORStore RoomEntranceStairStore RoomNATIONAL PENCIL CO.SECOND FLOORPacking RoomPay WindowLandingDressing RoomBox RackCacheTrap DoorBenchVatVatVatVatVatMech RoomMotor BoxElevator ShaftOfficeTableDeskClos.DeskOfficeTableBenchMechMechMechMechLatherBenchDeskWork BenchAddl ToiletMens ToiletTrap Door150180MechMech
  • 0776 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: NATIONAL BASEMENT PLANELEVATOR SHAFTSTORE ROOMFIRST FLOOR PLANENTRANCESTORE ROOMBoilerDUST BINChuteTrap DoorTrap DoorAsh Pit42'-0"50'-0"96'-0"
  • 0777 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 62.Picture of the Selig home taken from the outside of the back door of the kitchen. It shows the entrance kitchen and also the door leading into the dining room. It shows nothing else in the dining room.DEFENDANT'S EXHIBIT 63.Picture of Selig home taken standing directly inside the back door of kitchen, shows practically same view as last picture but shows no view at all of the dining room.DEFENDANT'S EXHIBIT 64.Picture of the safe with open door standing in outer office of the National Pencil Company.DEFENDANT'S EXHIBIT 65.Picture of the outer office
  • 0778 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 70.Picture of the corner in the basement where body was found,around the left corner behind the partition as shown on the picture.DEFENDANT'S EXHIBIT 71.Picture showing passage way leading to the back door in thebasement of the factory. Picture shows boxes piled up on each sideof the passage way to the height of the ceiling.DEFENDANT'S EXHIBIT 72.Picture showing entrance to the factory from the street.shows the partition on the right immediately entering the factory,behind which is the elevator. The steps leading to the secondfloor of the factory are shown in the background.DEFENDANT'S EXHIBIT
  • 0779 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 80.Picture showing elevator box on the first floor.DEFENDANT'S EXHIBIT 81.Picture showing elevator wheel at the top of the fourth floor.DEFENDANT'S EXHIBITS 82, 83, 84.Pictures showing view of the metal room on the second floor.Pictures show doors of the metal room to be partly made of transparent glass.DEFENDANT'S EXHIBITS 85 and 86.Pictures of the metal room closet with the door open and closed.DEFENDANT'S EXHIBIT 87.Blue print from which the model of the factory (defendant's exhibit 3) was made.
  • 0780 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 88a,b,c,d,eFive jars containing contents of stomach taken from different parties who had eaten cabbage and bread.DEFENDANT'S EXHIBIT 89.Extract from the minutes of Walton Superior court showing three indictments for larceny from the house against C. B. Dalton, at the April Term,1894 of said court. Pleas of guilty in each indictment and a fine of $50. and twelve months in the chain gang sentence in each case. Also indictment of C. B. Dalton, at the February Term,1899 of Walton Superior Court for stealing bale of cotton. Plea of not guilty, and verdict of
  • 0781 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 90.Testimony of Lewett Lee before the Coroner's inquest as follows;"The (Mr.Gantt) says 'I would like to have them(shoes) because I got to go to work Monday.'I says 'I can't let you in there unless Mr.Frank says so.He says 'Is Mr.Frank there?'I says, yes . if you want me I will go up and ask him, by that time Mr.Frank comes down and runs right into Mr.Gantt standing in the front door and he looked like he was frightened.I saw Mr.Frank was and right discharged taken out one way.He and Mr.Gantt had fell
  • 0782 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (defendant's exhibit 91 (cont'a)came there, he told him that it would not be necessary for himto work just at that time, that he could go out onthe street and enjoy himself for four hours, then come out tothe factory at 6 o'clock in the evening from 6 to 6:30, ando'clock. Frank stated that he went on duty and worked until sixlee returned at 6 o'clock, went on duty and frank left the buildingat about 6:15. On his way out he saw lee sitting on a packingbox outside the door of the factory talking to
  • 0783 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Defendant's exhibit 92 (Cont'd)they had gotten through, Mr. Frank left the factory about 1 P.M. Saturday, while white and Denham were still on the top floor. Mr. Frank Chen went to his home, to his dinner, returning to the factory about 3 P.M., and as both white and Denham were through with their work, there was no one else there. They left about 3:30 P.M. as far as Mr. Frank knows he was the only person at the factory after that hour. On Friday, Mr. Frank had instructed his negro night watchman, Newt Lee,
  • 0784 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 94.Court proceedings under which Jim Conley was released fromFulton County Jail upon petition of Solicitor Hugh H. Dorsey:"The State,vs,Leo M. Frank, ) No.) In Fulton Superior Court, May Term, 1913.) Indictment for Murder.The petition of Hugh H. Dorsey, Solicitor General of theAtlanta Circuit, including Fulton County, respectfully shows:1.-James Connelly is a material witness for the state in theabove stated case.2.-Petitioner is apprehensive that said Connelly may not beforthcoming as a witness at the trial of the above named defendant,unless detained in custody.3.-Said Connelly has been detained since May 1st, 1913, by thepolice
  • 0785 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The above and foregoing petition read and considered,Let the said James Connelly be taken into custody by theSheriff of said County or Fulton, and be confined in the commonJail of said County, until discharged by further order of thiscourt.Let the said James Connelly be served with a copy of this order andthe petition on which it is based, and let him be released on saidConnelly may be assessed in a reasonable sum upon proper applicationto the Court and after reasonable notice in writing to theSolicitor General of the Circuit. It appearing to me that
  • 0786 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Georgia,Fulton County.Read and considered, it is ordered that this petition and order be filed and duly entered upon order that said named suspects in connection with the Phagan murder, and now held in common jail of said county, to wit, Leo M. Frank and Newt Lee, be either personally or by serving their attorneys, and either citizens of said county who may receive this notice by publication or otherwise, may show cause before me, Friday, the 13th day of June, at 10 o'clock a.m. or as soon thereafter as the matter can be heard
  • 0787 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 3. Respondent shows to the court that the city police prison is so arranged and so officered, that respondent is absolutely safe as to his physical welfare, that any attack that might be made upon him, that he is as safe from harm in his cell in a solitary one, there being no one else even confined in that cell block with him; that the key to this cell block is kept in cell block 8, in all ways in the possession of a sworn and uniformed officer of the city, under the instructions
  • 0788 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Placed about, it is an absolute impossibility for the best glass in the world or the best trained deputies to know exactly what is going on at any and all times or any reasonable part of the time; that the keys to practically all of "the cell blocks are carried by "convicted criminals", known as "trusties", who turn in and out parties entering or leaving cell blocks, and while they have general instructions covering their work, it is an impossibility for the inside deputy to know whether he is discharging his duty properly at
  • 0789 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the State there was necessity for same,Wherefore this Respondent agrees to the passage of an orderrevoking former orders in this case, and waives his presence atthe Court, upon a hearing of same.(signed) wm. i. smith,Attorney for James Conley.Georgia, Fulton County.Personally appeared before the undersigned attestingofficer, James Conley, who after being duly sworn deposes andswears that the facts set out in the above and foregoing responseso far as they come within his own personal belief are true and wherederived from the information of others he believes them to be true.Sworn to and subscribed before methis
  • 0790 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: bend all their power and ingenuity in holding him to his present statement, adding to and taking therefrom only such things as will aid its plausibility. I am informed that Lemford is a fair man to the ordinary-minded man, but how can he be fair to this ignorant negro? What chance would he have to retract any lies he may have told or if in a repentant mood, he should wish to tell the truth? This negro in the city prison, in the power of Lemford, apart from all questions of truth, would be
  • 0791 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: my first statement. I made the statement that I went to the pencil factory on Friday, April 25th, and went in Mr. Frank's office at five minutes to one, which is a mistake. I make this statement in regard to Friday in order that I might not be accused of knowing anything of this murder, for I thought if I put myself there on Saturday they might accuse me of having a hand in it, and I now make my SECOND and LAST STATEMENT regarding the matter freely and voluntarily, after thinking over the
  • 0792 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The within and foregoing pages are hereby approved as a true, correct and complete brief of the evidence in the case herein referred to. October 31, 1913.(signed) L. S. Roan,J.S.C. - St. Jt. Ct.Filed in office 31st Oct. 1913John H. JonesDeputy Clerk4449In Poor Condition
  • 0793 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: STATE OF GEORGIA,County of Fulton.I Hereby Certify, That the foregoing pages, hereunto attached, contain a true Transcript of such parts of the record as are specified in the Bill of Exceptions and required, by the order of the Presiding Judge, to be sent to the Supreme Court of Georgia, in the case ofLEO M. FRANK,Plaintiff in Error.Vs.THE STATE OF GEORGIA,Defendant in Error.Witness my signature and the seal of Court affixed this the 10th day of November 1913Clerk Superior Court Fulton County, GeorgiaEx-Officio Clerk City Court of AtlantaIn Poor Condition
  • 0794 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: No. 1810852Criminal DocketTerm HOSUPREME COURT OF GEORGIAFultonTHE STATETRANSCRIPT OF RECORDNOV 15 1913Filed in officeW. D. Valley, C
  • 0795 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Leo M. Frank,Plaintiff in Error,vsState of Georgia,Defendant in error.3311 of October Term,From Fulton Superior Court.Hon. Geo. E. Gordon, Judge.Petition for affirmance on February 17th,1914.Motion for Re-Hearing.And now comes Leo M. Frank, Plaintiff in error in the case above stated, who was the losing party therein, and at the same time as which the decision was rendered, and before the remittitur in said case has been forwarded to the clerk of the trial court, and files this his motion for re-hearing, on the grounds following, to-wit:I. Because the court in rendering the decision in said
  • 0796 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: testimony was offered that the same was material, illegal and incompetent, to testify substantially as follows: The ladies' dressing room on 1 have seen Miss Rebecca Carson come into the ladies' dressing room on the fourth floor with Leo M. Frank and saw them working hours, hours.She then came in and saw them one out during working hours.The court permitted this testimony to go to the jury over the objection of the defendant made as is foresaid and in doing so committed error.The court stated that this evidence was admitted to dispute the witnesses
  • 0797 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 135 to 137 of the Brief filed in this case.4. Because the court in rendering the decision in said case, overlooked the following material facts in the record, to-wit: ground two of the motion for new trial, which reads as follows:"Because the court erred in permitting over objections the witness Lee to testify that Frank, on April 26th, when alone with him at 6 o'clock in the morning, talked to him a shorter time than did W. P. Arnold, one of Frank's attorneys, when he interviewed the witness just before the trial. The detectives
  • 0798 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: to 141 of the brief filed in this case.6. Because the court in rendering the decision in said case, overlooked the following material facts in the record, to-wit:16 of the motion for new trial, which reads as follows:"Because the court erred in admitting over objection of defendant, material and not binding on Frank, permitted the witness White, to testify that Arthur White, her husband, and Campbell are both connected with the Pencil Company and that she never reported, seeing the negro on April 26th, 1913, which she testified she did see in the pencil
  • 0799 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: disclosed from an inspection of the ground hereof, was material.The facts alleged herein to be overlooked in this ground were discussedin the brief filed by the plaintiff in error, as will appear from pages213 to 215 of the brief filed in this case.
  • 0800 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 8.-- Because the Court, in rendering the decision in said case, overlooked the following material facts in the record, to-wit, Ground 26 of the motion for new trial, which reads as follows:"Because the Court, in permitting the witness Harry Scott, to testify over the objection of defendant, made at the time the testimony was offered, that he had received information from Conley, and nothing upon the defendant, that he had not otherwise gotten from other sources, but that he got his information as to that from entirely outside sources, and wholly disconnected with the
  • 0801 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: were not considered in the decision, which appears from the face thereof.Plaintiff in error says that the error committed, as is disclosed from aninspection of the grounds here quoted, was material. The facts allegedherein to be overlooked in this ground were discussed in the brief filedby plaintiff in error, as will appear from pages 213 to 215 of the originalbrief, filed in this case.10. - Because the Court, in rendering the decision in said case, over-looked the following material facts in the record, to-wit, Ground 32 ofthe motion for new trial, which reads as
  • 0802 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Said ground just quoted set up material facts constituting error in said case, which the Court in the decision rendered, overlooked, and which were not considered in said decision, and appears from the face thereof. Plaintiff in error says that the error committed, as is disclosed from an inspection of the ground here quoted, was material. The facts alleged herein to be overlooked in this ground, were discussed in the brief filed by plaintiff in error, as will appear from pages 269 to 292 of the original brief, filed in this case.
  • 0803 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 12. Because the court in rendering the decision in saidcase, overlooked thefollowing material facts, to-wit: Ground 55of the motion for New Trial, which reads as follows:"Because the Court permitted the witness L. H. Kendrickover the objection of the defendant, made at the time theevidence was offered that the same was irrelevant, immaterialand incompetent, to testify substantially as follows:'I worked at the factory for two years. When I worked thereI needed the time about 5:24 o'clock. You would have to changeit from about three to five minutes, I reckon.' have to changethe clock permitted the
  • 0804 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: overlooked, and which was not considered in said decision as appears from the face therof. Plaintiff in error says that the error committed, as is disclosed from an inspection of the ground here quoted, was material. The fact alleged herein to be overlooked in this ground was discussed in the brief filed by plaintiff in error, as will appear from pages 298 to 300 of the brief filed in this case.14. Because the court in rendering the decision in said case, overlooked the following material facts, to-wit: Ground 54 of the Motion for New
  • 0805 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: "The clock of the pencil company was not accurate. They may vary all the way from three to five minutes in 24 hours. The Court admitted this testimony over the objections made and in doing so committed error, for the reasons stated. This was prejudicial to the defendant, because whether the clocks were or were not accurate on April 26th was material to his defense. The witness Grant had not worked at the factory for three weeks and did not know that the clocks were not keeping accurate time three weeks before the trial.
  • 0806 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: error committed, as is disclosed from an inspection of the ground here quoted, was material. The fact alleged herein to be overlooked in this ground was discussed in the brief filed by plaintiff in error, as will appear from page 45 of the reply brief filed in this case.17. Because the court in rendering the decision in said case, overlooked the following material facts, to-wit: Ground 35 of the motion for New Trial, which reads as follows:"Because the Court permitted, at the instance of the Solicitor-General, the witness Sig. Montag, to testify over the
  • 0807 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 10. Because the court in rendering the decision in said case, andin the 17th head note and in the 17th division of the opinion, held (asthe head note reads) "From the evidence, the court is authorized tofind that the jury was not influenced to give other than true answersto the questions propounded," By a loud yelling from persons on the outside of the courthouse which took place while the polling of the jury wasbeing taken; and further on, in the body of the opinion, under division17, the court use the following language upon this
  • 0808 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: in his belief that his verdict was in no way affected by the demonstration during the progress of the trial or by that which subsequently occurred while the jury were considering their verdict. But the question is not whether in effect the jurors were influenced by this demonstration, but were the demonstrations calculated to influence the jurors in their action." And the court proceed to cite the Wolfolk case, 81st Ga., 751 and the case of Smith vs Lovejoy, 62nd Ga., 592, in which the court held in fact that the affidavits of jurors
  • 0809 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ahead of schedule.In the body of the opinion, the testimony of the state whichwas introduced is showing the time of arrival of the car was that of an in-spector who testified that once or twice he had timed it, and that the testi-mony running in ahead of schedule time, and two other witnesses who testi-fied that they were operatives on the line in question and that they hadknown the car to come in several minutes ahead of schedule time. Thereis no distinct notice in the opinion of the witness Owens whose only testimonyrelated to
  • 0810 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 20. Plaintiff in error contends that the court in deciding upon the case, overlooked the following material facts in deciding upon the admissibility of the witness Conley's testimony. The court decided as counsel for plaintiff in error 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  • 0811 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 21. Plaintiff in error shows that in the 169th and note, the court recited that where the order over ruling the motion for new trial contains nothing which could indicate that the Judge was dissatisfied with the verdict or that he failed to exercise his discretion "the Supreme Court will not inquire whether the Judge is exercising discretion under or by remarks by him, pending the disposition of the motion."Plaintiff in error contends that the remarks made by the Judge which form the basis of the ground under consideration, were not merely made pending
  • 0812 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The undersigned, L. Z. Rosser, Reuben R. Arnold, Herbert Haas and Leonard Haas, do hereby certify that they are counsel for plaintiff in error in the case above stated, and that upon careful examination of the opinion of the Supreme Court therein, - they, and each of them believe that the facts set forth in the foregoing motion for re-hearing have been overlooked.This 24th, day of February, 1914,Attorneys for Plaintiff in Error.
  • 0813 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Motion for Re-hearingFiled in officeFebruary 27, 1915J. E. & S. C. SmithAttorneys forDefendant in ErrorState of GeorgiavsLeo M. FrankPlaintiff in ErrorIn Supreme Court of GeorgiaNo. 300
  • 0814 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: LEO M. FRANK,Plaintiff in error,vs.THE STATE OF GEORGIA,Defendant in error.
  • 0815 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ( I N D E X )Bill of Indictment.................................1Verdict.............................................3Extraordinary Motion for New Trial..................431st Amended Motion.................................433rd " " .........................................45Order of May 9th, 1914.............................51Order Striking 2nd Amended Motion..................584th Amended Motion.................................53Order of May 9th, 1914.............................615th Amended Motion.................................63Order of May 9th, 1914.............................756th Amended Motion.................................76Order of May 9th, 1914.............................79Response to Extraordinary Motion New Trial.........80States Response to Amendments 1,2,3, & 4...........114Reply to 6th Amendment to Extraordinary Motion.....131Order Overruling Extraordinary Motion..............134Original Motion & Amendment thereto................135Original Brief of Evidence(Index.)
  • 0816 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ( I N D E X .)Bill of Indictment.................................1Verdict.............................................3Extraordinary Motion for New Trial..................31st Amended Motion.................................432d " " ..........................................453rd " " ..........................................45Order of May 9th, 1914.............................51Order Striking 2nd Amended Motion..................584th Amended Motion.................................53Order of May 9th, 1914.............................615th Amended Motion.................................82Order of May 9th, 1914.............................756th Amended Motion.................................76Order of May 9th, 1914.............................79Response to Extraordinary Motion New Trial.........80States Response to Amendments 1,2,3, & 4...........114Reply to 5th Amendment to Extraordinary Motion.....131Order Overruling Extraordinary Motion..............134Original Motion & Amendment thereto................185(Index)Original Brief of Evidence 40...................... (Index.)
  • 0817 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ReductionChangeRed. 10
  • 0818 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: INDEX.PART I.MOTION FOR NEW TRIAL........ Page 1PART II.AMENDED MOTION FOR NEW TRIAL....... Pages 2 to 122GROUND 1 ........................ Page 2" 2 ........................ " 3" 3 ........................ " 3" 4 ........................ " 3" 5 ........................ " 3" 6 ........................ " 4" 7 ........................ " 4" 8 ........................ " 4" 9 ........................ " 5" 10 ........................ " 5" 11 ........................ " 6" 12 ........................ " 6" 13 ........................ " 7" 14 ........................ " 51" 15 ........................ " 55" 16 ........................ " 55" 17 ........................ " 56" 18 ........................ " 56" 19 ........................ " 56" 20 ........................
  • 0819 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: INDEX—Continued.GROUND 36 .................................................. Page 68" 37 .................................................. " 68" 38 .................................................. " 69" 39 .................................................. " 69" 40 .................................................. " 70" 41 .................................................. " 71" 42 .................................................. " 71" 43 .................................................. " 71" 44 .................................................. " 75" 45 .................................................. " 78" 46 .................................................. " 79" 47 .................................................. " 80" 48 .................................................. " 80" 49 .................................................. " 82" 50 .................................................. " 82" 51 .................................................. " 83" 52 .................................................. " 84" 53 .................................................. " 84" 54 .................................................. " 84" 55 .................................................. " 85" 56 .................................................. " 85" 57 .................................................. " 86" 58 .................................................. " 86" 59
  • 0820 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: INDEX—Continued.GROUND 80 ................................................ Page 103" 81 ................................................ " 103" 82 ................................................ " 103" 83 ................................................ " 104" 84 ................................................ " 104" 85 ................................................ " 104" 86 ................................................ " 104" 87 ................................................ " 105" 88 ................................................ " 105" 89 ................................................ " 106" 90 ................................................ " 106" 91 ................................................ " 108" 92 ................................................ " 108" 93 ................................................ " 110" 94 ................................................ " 110" 95 ................................................ " 111" 96 ................................................ " 112" 97 ................................................ " 113" 98 ................................................ " 114" 99 ................................................ " 116" 100 ............................................... " 118" 101 ............................................... " 119" 102 ............................................... " 121" 103
  • 0821 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ORIGINAL MOTION FOR NEW TRIALSTATE OF GEORGIAvs.LEO M. FRANKCONVICTION OF MURDERIN FULTON SUPERIOR COURT.MOTION FOR NEW TRIALAnd now comes the defendant in the above stated case and moves the court for a new trial upon the grounds following, to-wit:1. The verdict is contrary to the evidence.2. The verdict is contrary to the law.3. The verdict is against the weight of the evidence.4. The court, over the objection of the defendant, heard evidence of other transactions and tending to establish other crimes and offenses, wholly separate and distinct from the charge in the Bill of
  • 0822 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: that until such time as this motion may be heard and decided, that the movant have full leave to amend this motion for new trial.This 26th day of August, 1913.L. S. ROAN,Judge S. C. Stone Mountain Circuit,Presiding.GEORGIA, FULTON COUNTY :Service acknowledged. Copy received. All other and further service waived.This Aug. 27, 1913.F. A. HOOPER,HUGH M. DORSEY,R. A. STEPHENS,Solicitor General, Fulton County, Georgia.We further agree to the order within giving time to prepare and file a legal brief of the evidence. Aug. 27, 1913.HUGH M. DORSEY,Solicitor general.AMENDED MOTION FOR NEW TRIAL.GEORGIA, FULTON COUNTY. No.State of
  • 0823 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 2. Because the Court erred in permitting, over objections the witness Lee to testify that Frank, on April 29th, when alone with him at the station house, talked to him a shorter time than did Mr. Arnold, one of Frank's attorneys, when he interviewed the witness just before he talked to Lee.The detectives had induced Frank to talk with Lee alone on April 29th at the station house for the purpose of inducing Lee to talk. Mr. Arnold, in the presence of Lee's attorney, and the jailer, had interviewed Lee just before the present
  • 0824 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ceded by the State that these dotted lines and crosses were no part of nor represented any part of the building but were put in the picture for the purpose of illustrating the theory of the State, as showing where the body was found and where it was carried.The admission of the picture in evidence, with the lines and crosses thereon, was, when offered, objected to because, as movant contends, it was argumentative, representing and illustrating the State's view of the case by means of red lines and crosses, which was no part of,
  • 0825 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 9. Because the Court, over objection made by the defendant at the time the same was offered, that it was immaterial and irrelevant, permitted the witness Darley to testify that on the morning the body was found Newt Lee was composed.Defendant objected to this evidence as illegal, irrelevant and prejudicial to defendant which objection was overruled and movant assigns its admission as error for said same reasons.This evidence was not only irrelevant and immaterial, as movant contends, but hurtful, because this evidence was heard upon the theory of comparison between the conduct of Lee
  • 0826 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the Movant contends this evidence was highly prejudicial, and the failure of the Court, upon proper motion, to rule it out was a great injury to the defendant. And the failure of the Court to rule out said prejudicial and irrelevant and immaterial evidence is here assigned as error and a new trial should be granted because said evidence was illegal, irrelevant and highly prejudicial and involved other transactions not legitimate under investigation, and the same amounted to accusing the defendant of other and independent crimes.11. Because the witness Conley, at the instance of
  • 0827 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 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
  • 0828 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. What kind of a looking woman?A. She was a tall, heavy built lady.Q. What did you do on that occasion?A. I stayed down there and watched the door as he had told me to do this last time.Q. Then what was done?A. Well, after the lady came and he stamped for me, I went and unlocked the door as he said. He told me when he got through with the lady he would whistle, and when he whistled for me to go and unlock the door.Q. That was on Thanksgiving day of what
  • 0829 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. Now, you said you watched for Mr. Frank?A. Yes, sir.Q. When was the first time you ever watched for Mr. Frank?A. The first time I ever watched for Mr. Frank alone and knowed he was in the office—Q. When was the first time you ever watched for Mr. Frank alone or with somebody else? Don't make any difference.A. I couldn't exactly give you the—Q. Tell us the best you can?A. Some time during last summer, when I was watching for him.Q. Tell us the first time, now?A. Yes, sir.Q. Whereasabouts in the summer;
  • 0830 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. What time would you usually get back there?A. I would leave away from there about half past twelve, ring out the clock, and come back about half past one or two o'clock.Q. Would you ring in again?A. Yes sir; sometimes I would and sometimes I wouldn't.Q. The first time you say you ever watched, you say you watched for Frank and somebody else last July?A. Yes, sir.Q. You don't know who the man was?A. Yes, sir, I know who the man was.Q. Who was he?A. A man named Mr. Dalton.Q. Where is he?A.
  • 0831 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. That time--that particular time, I mean?A. Well, I would be sweeping.Q. I'm talking about that time--that particular time?A. When he told me to watch?Q. Yes, what did he say to you when you told you?A. I'm going to explain to you now--Q. That particular time, now?A. Yes, sir.Q. Give it to me, now?A. I would be there sweeping--Q. Oh, don't give me what you would be doing. I want to know about that particular time?A. I was at the factory.Q. Where?A. Sweeping on the second floor.Q. Now, what time was that?A. Somewhere about
  • 0832 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. She went with the man?A. No, sir, she went out by herself to get the man and come back with the man.Q. How long was she gone?A. I don't know, sir, how long.Q. And that was about half past three?A. Yes, sir.Q. The beginning of that transaction was about half past three?A. Yes, sir.Q. How long was she gone?A. I don't know, sir, how long she was gone.Q. You don't know how long she was gone?A. No, sir; I don't know how long she was gone.Q. Was she back after awhile?A. Yes, sir.Q.
  • 0833 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: a trap door and stairway that leads down in the basement, and they pull outthat trap door and go down in the basement.Q. And that time, she came down and says: "All right, James?"A. Yes, sir.Q. She knew you?A. Yes, sir.Q. Because she worked in the office?A. No, sir; she didn't work in the office; she worked on the fourth floor.Q. Then you went through that door—a door right behind the elevator?A. No, sir; there isn't a door back of the elevator; there's a big woodendoor, just a step there; it goes back in
  • 0834 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. First time anybody ever asked you or talked to you about it?A. Yes, sir.Q. Now, they went down the basement?A. Yes, sir.Q. How long did they stay there?A. I don't know, sir, how long they stayed there.Q. What became of them?A. Well, they came back up.Q. About what time?A. I couldn't give no time, because I don't know what time it was when they went down there.Q. Well, about what time?A. I don't know, sir; I couldn't give you what time they came back up.Q. It was after 3:30 when this whole thing
  • 0835 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. Then he came out behind you and left?A. Yes, sir.Q. Now, that's the first time?A. Yes, sir.Q. Now, when was the next Saturday?A. The next Saturday was two weeks after that, near the same thing.Q. Well, what was the same thing or not?A. Well, it was about two weeks after that.Q. Was that in August or in July?A. Well, it was about the last of July or the first of August.Q. Now, do you remember the date?A. Where did I go?Q. Yes, sir; I drawed your money that time; did you draw it?A.
  • 0836 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. You remember that distinctly?A. Yes, sir.Q. What time did he go to dinner that day?A. I don't know, sir, what time he went to dinner that day; I wasn't there when he went to dinner.Q. What time did he get back that day?A. That was somewhere near a quarter past two. I saw him going up the steps with his clothes and his hat on. I don't know where he had been.Q. What was the next that happened?A. He went in his office next that happened?Q. Then what was the next that happened?A.
  • 0837 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. When you went down, she was in Mr. Frank's office?A. No, sir, I was standing at the clock, and saw her go into Mr. Frank'soffice.Q. Then you went down and watched?A. Yes, sir, I went down and watched.Q. Did you hear her come out of that office?A. No, sir.Q. Didn't you say a while ago that, while you were at the door, youheard these other people coming out of his office?A. No, sir, I said this—this was what I said: after I got to the top ofthe steps I could hear them going
  • 0838 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. Did he know whether you were through or not?A. I don't know, sir, whether he did or not.Q. He gave you some money?A. He gave me half a dollar.Q. And the other time they didn't give you but a quarter.Q. Then you left?A. Yes, sir.Q. Give the next time?A. Pretty hard for me to remember.Q. It was Thanksgiving Day, the next time, wasn't it?A. No, sir, it wasn't Thanksgiving Day, the next time; I had watchedfor him and Mr. Dalton, too, before that Thanksgiving Day.Q. Give us the best you can, or the
  • 0839 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. Where was you when he told you?A. Right at the elevator.Q. Was it before twelve o'clock?A. I don't know, sir, whether it was twelve o'clock or not.Q. After twelve?A. I don't know whether it was after twelve or not.Q. You don't know anything about that, you can't remember that?A. No, sir.Q. Anybody standing around there then?A. There was Gordon Bailey standing there.Q. That's Snowball?A. Yes, sir.Q. Anybody else there?A. Not to my knowing, it wasn't.Q. Wasn't the office force there at that time?A. They were not standing at the elevator; they were back
  • 0840 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. Give us the best estimate you have got?A. Well, some time half past, I reckon.Q. Sometime half past; half past what—half past two or half past three?A. It was half past two, I reckon.Q. He came back you say. What made him come; did he come back and hunt you?A. No sir, he didn’t hunt me.Q. Where were you?A. I was standing by the office when he got there.Q. Then he came in there with you?A. Yes, sir.Q. What did he say to you?A. He told me, he said: “She be here in
  • 0841 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. You don't know what a brunette is?A. No, sir.Q. Did she have light hair?A. She had hair like Mr. Hooper's.Q. What sort of clothes did she have on?A. She had on a green suit of clothes.Q. Green all over?A. As far as I could see.Q. What kind of shoes and stockings did she have on?A. I didn't pay no attention to her shoes and stockings.Q. But Miss Daisy Hopkins, what sort of clothes did she have on the first time she came down there?A. The first time that she came there she had
  • 0842 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. Now, Jim, don't everybody in that factory know Jim Conley?A. No, sir, didn't everybody in that factory know me.Q. Give me one of them?A. I don't know, sir, I don't know whether they all knew me or not.Q. Didn't the lady go up and down on the elevator at all?A. No, sir, the girls never did.Q. You swept on the fourth floor?A. Yes, sir, I swept on the fourth floor a while.Q. How long did you sweep on the fourth floor?A. Been sweeping up there ever since last January.Q. You saw that little
  • 0843 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. And then the next time, now, was Thanksgiving Day?A. Yes sir, the next time was Thanksgiving Day.Q. What hour was it Thanksgiving Day?A. I don't know, sir, what hour; I met Mr. Frank there that morning about eight o'clock.Q. Anybody else there?A. I didn't see anybody else there.Q. Where did you meet him, then?A. I met Mr. Frank right at the door; I was sitting on the box when he come in.Q. That's when he mentioned it to you again?A. That's when he took me on the inside and told me--Q. Tell me
  • 0844 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. What time?A. Somewhere near eight o'clock.Q. What did you have to do there?A. I had to stack some boxes up on the fourth floor.Q. Eighth floor?A. No, sir. I said fourth floor.Q. That was about Thanksgiving Day?A. Yes, sir.Q. Was it the same week of Thanksgiving you saw her up there?A. I don't know, sir, whether it was the same week of Thanksgiving, but somewhere near Thanksgiving; it wasn't many days.Q. How was she dressed that night?A. I disremember how she was dressed that night.Q. What sort of looking face did she have?A.
  • 0845 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. You didn't say you saw them go in?A. No, sir, I said I heard them go towards it.Q. And you didn't say you heard them go in?A. No, sir, I said I heard them go towards his office.Q. But you didn't see the others?A. I don't remember saying I seen the others.Q. Now she came, and she went up and walked towards Mr. Frank's office, and stamped?A. Mr. Frank came out there and stamped.Q. Where did he come to and stamp?A. Came to the trash barrel where he told me—Q. You mean upstairs?A.
  • 0846 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. Then the lady came down?A. No, sir, Mr. Frank come down—Q. He left the lady up there?A. No, sir, Mr. Frank come down to the two doors and unlocked thedoors and went on—come back, and says: "Everything all right?" I says:"Yes, sir." He went to the front door and fixed the lock, unlocked the frontdoor hisself, he went and looked up the street and turned it, that (illustrating) andcome to the steps and taken the knob and turned it, there at the head of thestair door, and told her to "come on."Q. He
  • 0847 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. Where did you go when you left there on Hunter and Forsyth Street.A. I went to the beer saloon over there on Hunter and Forsyth Street.Q. How long did you stay there?A. I don't know, sir; about an hour, I reckon.Q. Then went home?A. No, sir, I went to Peters Street and stayed a good while.Q. Drank some more beer over there?A. No, sir, I didn't drink no beer over there.Q. Didn't drink but one beer that day?A. I don't know, sir, how many I drank at that saloon on Forsyth andHunter.Q. About
  • 0848 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. That was in the dead of winter, then?A. Yes, sir, in the dead of winter.Q. About when?A. About January, I reckon.Q. About the middle of January, or what?A. I don't know, middle, first or last, I don't know-somewhere in January.Q. How do you know it was somewhere in January?A. Because it was right after the first of the year.Q. Well, if it was right after the first of the year, you know what timeit was in January?A. I said somewhere about the first or middle.Q. Well, was it in middle, or first, or
  • 0849 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. Well, I'm sorry I cut you off, I'll open it again and give you a better chance. That was about half past seven?A. Yes, sir.Q. What floor of the factory?A. I can't remember now just what floor it was on.Q. You didn't see anybody at the time except Mr. Holloway?A. I saw Gordon Bailey; me and him was on the elevator together.Q. He was talking to you so Gordon Bailey could hear him?A. I don't know, sir, I reckon he could hear; he was talking so he could hear.Q. He was talking so
  • 0850 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. They went up to Mr. Frank's office?A. I don't know, sir, where they went after that, after they went up-stairs, I don't know where they went after they got upstairs.Q. You were near enough, wasn't you to see?A. No, sir, I was at the door.Q. You don't know which way they went?A. I saw them when they turned that way, towards the clock.Q. You say it was about half past two?A. Yes, sir, it was about half past two or three o'clock.Q. How long did they stay there that time?A. Stayed there, looked
  • 0851 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. Ever seen him since then?A. I seen him since he was talking to Mr. Holloway then.Q. But you don't know who he was?A. No, sir.Q. Ever saw the girl before or since?A. No, sir, never saw the girls before or since, to my remembrance I haven't.Q. Now, Jim, you were talking to me when we left off about the time you say you watched for Mr. Frank.A. Yes, sir.Q. Did you watch for him again?A. In January, yes sir.Q. Well I am talking about January. Is that the last time you watched for
  • 0852 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. But I am not asking about that. I am talking about the secondSaturday?A. You asked me what I did the second Saturday, well, I don't re-member.Q. You mean you watched for him Saturday and then the secondSaturday you watched for him again?A. Then the second Saturday after that I watched for him.Q. You missed a Saturday?A. Yes, sir.Q. And then you watched the next Saturday?A. Yes, sir.Q. That is what you say about it now?A. Yes, sir, that is what I say about it now and what I said before.Q. Now the Saturday
  • 0853 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. Of course, you don't know except from your best recollection. Then you didn't watch for him until Thanksgiving Day?A. Until Thanksgiving Day.Q. What did you do the Saturday before Thanksgiving Day?A. I don't remember what I did.Q. What did you do the Saturday after Thanksgiving Day?A. I don't know what I did.Q. And the next Saturday?A. Well, the next Saturday—I could tell you what I did that Saturday.Q. And the next Saturday?A. Well, I don't know, sir, what I did the next Saturday.Q. And the next?A. The next Saturday I did some watching
  • 0854 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. You don't remember about that?A. No, sir.Q. You have no memory at all about that?A. No, sir.Q. What time did you get up the first morning you watched for him?A. I couldn't tell you to save my life.Q. Nor what time you went home, you couldn't tell me?A. No, sir, I couldn't tell you.Q. You couldn't tell me anything at all about that?A. No, sir.Q. The second time you watched for him. Can you remember the time you got back to the factory?A. No, sir, I couldn't tell you what time I got
  • 0855 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. The day after Thanksgiving. Do you remember what you had been doing that day?A. No, sir, but to my remembrance I think I came back to work the day after Thanksgiving.Q. Are you certain about that, or have you any memory at all about it?A. I think I came back to work.Q. What time did you get there?A. I don't know, sir, what time I got there.Q. What time did you leave that day?A. I don't know, sir.Q. You can't remember anything about that?A. No, sir.Q. The day before Thanksgiving, what time did
  • 0856 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. Or the second day, do you know how many hours?A. No, sir.Q. Nor the third?A. No, sir.Q. Or Thanksgiving?A. No, sir.Q. Do you know how much you were paid for either one of those days?A. Yes, sir, I can tell you what I was paid Thanksgiving Day when I watched for him.Q. Well, you know what that was $1.50?A. No, sir, I said it was $1.25.Q. Well, outside of the factory, do you remember what you got for your services?A. Outside of the factory, I remember once I got a half a dollar;
  • 0857 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. Well, the third one; was Snowball there that day?A. I disremember about the third Saturday.Q. Well the next one was Thanksgiving. Did you see him Thanksgiving morning?A. I didn't see him Thanksgiving morning, but I saw him the day before Thanksgiving.Q. That is the time when you heard Mr. Frank talking in the presence of Snowball?A. Yes, sir.Q. He didn't hesitate to talk for Snowball?A. No, sir.Q. He talked before Snowball just like he did before you?A. Yes, sir.Q. The first time he did that was Thanksgiving Day, that he talked before Snowball?A.
  • 0858 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. How long had Snowball worked at the factory?A. I don't know, sir.Q. Now, that time, when you watched in January, was Snowball there that day—I believe you said it was Wednesday?A. Yes, sir, I said I watched there in January.Q. Well, was Snowball there?A. I don't know whether he was or not?Q. Now, the only time you ever heard Mr. Frank say anything in front of Snowball was that time you have just mentioned? Thanksgiving, is that what you said?A. Yes, sir.Q. You heard him say something before Snowball then?A. One time was
  • 0859 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. He just come in there and commenced talking to you, and paid noattention to Snowball?A. He didn't know Snowball was in there.Q. In the elevator. How could he help seeing him if he was in theelevator?A. The elevator was gone down. Whenever I would get ready towork at night, he would send the elevator to the basement, and we wouldgo in the back room.Q. You were not on the elevator when you had that talk?A. No, sir, that talk was in the back room.Q. I am talking about just before Thanksgiving. You were
  • 0860 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. And she worked on the fourth floor?A. Yes, sir, she worked on the fourth floor.Q. Has she worked there in 1913?A. I don't know; I don't remember seeing her there; I don't know whether she has worked there in 1913 or not.Q. You can't remember that?A. No, sir, I can't remember that.Q. You worked on the same floor with her, didn't you?A. I didn't work with her at all. I worked on the same floor.Q. And you don't know whether she worked there in 1913 or not?A. No, sir, I don't remember.Q. But
  • 0861 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. What sort of ears did she have?A. She had ears like people.Q. Like folks?A. Yes, sir.Q. I didn't expect her to have them like a rabbit, and she didn't have,did she?A. No, sir, she didn't have ears like a rabbit.Q. Well, did she have large or small ears? - Do you remember that?A. No, sir, I didn't pay any attention to her ears, whether they werelarge or small.Q. You can't give any description of her at all now, can you, Jim?A. I can't give a description of her, except she was a white
  • 0862 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: A. I don't know where Mr. Dalton works at.Q. When Mr. Dalton told you Christmas that she was going away, where was Mr. Dalton?A. He was there.Q. I know, but where was he when he told you that?A. He was coming out of the factory.Q. When was that?A. It was Saturday; I don't know the date.Q. You don't remember the date?A. No, sir.Q. You don't remember the date now?A. No, sir.Q. You don't remember his name?A. I know his name was Dalton.Q. What else besides Dalton?A. No, sir, I don't know his first name.Q.
  • 0863 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. About how tall was he--would you say he was?A. Well, he was tall; I guess he was about as tall as that young man sitting there.Q. About as tall as this man (indicating Mr. Arnold)?A. Yes, sir.Q. Weighing about as much?A. I don't know whether he would weigh as much as that man, or not.Q. Does he look like he would weigh about that much?A. Yes, sir, he looks like he would weigh about that much.Q. Then he was about the size of Mr. Arnold, Mr. Dalton was?A. Yes, sir, just about that
  • 0864 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. When did you see him again?A. I saw him again about two weeks after that.Q. What was he doing then?A. I just met him in the door then.Q. Met him in the door?A. Yes, sir.Q. What date was that, about when?A. I don't know; it was on a Saturday; I disremember the time.Q. That is the time you have already talked about. You have done toldabout that?A. Yes, sir, I have done told about it.Q. This morning?A. Yes, sir.Q. I don't know, somewhere about the last of August, I reckon.A. About the last
  • 0865 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. Where did you see him the last time?A. The detectives brought him down there to the station house, andsaid had I ever seen him about in there.Q. And you told them what you knew?A. Yes, sir, I told them about what I knew.Q. And you haven't seen Mr. Dalton since?A. No, sir.Q. Now, Jim, how was Mr. Dalton dressed the first time you ever sawhim?A. - Well, I disremember now how he was dressed.Q. Can't you give us any help about that at all?A. All I can remember him having on, I think,
  • 0866 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. What time did he leave there?A. Well, I don't know. He left away from there somewhere about two or half past two, I reckon.Q. Well, don't reckon, please; tell what you remember?A. He left away from there about two or half past two, all right; I couldn't say just what time it was.Q. You don't know what time it was?A. He generally stayed—Q. Not what he generally did; but on that particular day—that day, what time did he leave—the first time you said you waited for Mr. Frank?A. He left away from there
  • 0867 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. This year?A. Yes, sir.Q. I am not talking about that. Did you see Mr. Darley that timewhen Mr. Holloway was sick?A. When Mr. Holloway was sick, I disremember now whether I seenMr. Darley that day or not.Q. Did you see Mr. Schiff that day?A. I disremember whether I saw Mr. Schiff or not.Q. You disremember that?A. Yes, sir.Q. Did you see anybody that day?A. Yes, sir, I seen somebody that day.Q. Who?A. I saw Mr. Frank that day for one person.Q. I know; but outside of Mr. Frank, who else of the office
  • 0868 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. That was behind Thanksgiving Day?A. Yes, sir.Q. Before or after Thanksgiving?A. This here was before Thanksgiving.Q. Haven't you said half a dozen times that you watched in September,and that was after you Thanksgiving? Haven't you told that a dozen times tothe jury?A. I said it was after Thanksgiving.Q. Yes?A. Well, September is after Thanksgiving.Q. Your understanding is that it was after Thanksgiving?A. Yes, sir, it was after Thanksgiving.Q. So that it was in September, after Thanksgiving?A. Yes, sir.Q. That is correct, now, Jim?A. Yes, sir, after Thanksgiving.Q. Yes, that is right. Well, now,
  • 0869 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. What time did Mr. Holloway leave?A. Mr. Holloway left away from there about two o'clock.Q. The next time you watched was right after Christmas?A. No, sir, the next time I watched was Thanksgiving Day, then—Q. You said awhile ago September was after Thanksgiving?A. Yes, sir, after Thanksgiving day.Q. All right. Well, now, Thanksgiving Day you have told about in January, who did you see there in January, I mean who of the force?A. I disremember now who I did see in January when I was there that morning.Q. You didn't remember?A. Yes, sir,
  • 0870 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. Thanksgiving Day?A. No, sir, he wasn't working in the office on Thanksgiving.Q. The next time, was there any ladies working on the fourth floor?A. I don't remember.Q. You don't remember whether there was or not?A. No, sir.Q. You can't remember that?A. No, sir.Q. They might have been?A. I didn't see none of them there.Q. You didn't see them?A. No, sir.Q. You only saw them working there one day?A. I saw them working there the second evening.Q. On the fourth floor.A. Did you say anything about - Do they know you told about watching
  • 0871 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: "When the witness Conley was still on the stand his testimony not having been finished, the defendant, by his attorneys, moved to rule out, withdraw and exclude from the jury each and all the answers, moved to rule out, withdraw cause the same are irrelevant, immaterial, the above questions and answers, bematters and things irrelevant and disconnected with the issues of this case.After hearing argument of counsel, the Court overruled the motion to rule out, withdraw or exclude said above stated questions and answers from the jury, but permitted the same to remain before
  • 0872 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: weight, she was nice looking, had on a blue looking dress with white dots in it, had on a greyish looking coat with kind of tails on it, white stockings, white slippers andCROSS EXAMINATION"The first time I watched for Mr. Frank was sometime during last summer, about in July. I would be there sweeping and Mr. Frank come out and called me in the office. That was on a Saturday, about three o'clock. As to what Mr. Dalton would do, the young lady that worked at the factory would go out and get him
  • 0873 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: all right, old boy, I don't want you to have anything to say to Mr. Herbert or Mr. Darley about what's going on around here.' The next time I watched was Thanksgiving day. I met Mr. Frank there about eight o'clock in the morning. He says: 'A lady will be here in a little while, me and her are going to chat. I don't want you to do no work, just watch. The lady came in about a half an hour. I didn't know her. I have never seen her working at the factory.
  • 0874 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Miss Daisy Hopkins left at Christmas, because Mr. Dalton told me that she wasn't coming back. It was one Saturday. Mr. Dalton was a slim looking man and tall, with thick eye lashes, black hair, light complected, weighed about 135 pounds, about thirty-five years old. I seen him around the factory several times. The first time was somewhere along in July, when he come in there with a lady. About two weeks after that, I seen him at the door, about the last of August. The next time was just about Thanksgiving Day. Then
  • 0875 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: When the solicitor first sought from the witness Conley the evidence here sought to be excluded the defendant objected because the evidence sought to be brought out would be immaterial. The Court ruled that such evidence would be immaterial, but after this ruling the solicitor brought out the direct testimony here sought to be ruled out and excluded. After the direct testimony supra had been brought out after the Court's ruling, the cross-testimony supra here sought to be withdrawn was also brought out in an effort to modify or explain the direct evidence. Under
  • 0876 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and said: "Mr. Frank, Chief Beavers, Chief Lanford and Scott and Conley want to talk with you, if you want to see them;" that Frank said: "No, my attorney is not here, and I have got nobody to defend me;" that his lawyer was not there, and that no one was there to listen to what might be said.The Court erred in admitting this evidence for the reasons above stated.The solicitor in his argument pressed upon the jury that the failure of Frank to face this negro and the detectives was evidence of guilt,
  • 0877 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: not give to sustain their opinions individual and isolated experiments but must answer from their knowledge of the science obtained from all sources, that . . ."Knowing the facts that cabbage would pass out of the stomach very quickly in a normal one I ascertained here digestion, and as soon as I saw the cabbage in this case, I at once felt certain that the girl either came to her death or possibly the blow on her head at any time, perhaps three quarters of an hour or half an hour or forty minutes,
  • 0878 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: examination showed plainly that it had not begun to dissolve, or at least, onlya very slight degree, and it indicated that the process of digestion had notgone on to any extent at the time this girl was rendered unconscious at anyrate. I wish further to state that on examination Mary Phagan's stomach Ifound that the starch she had eaten had not even the beginning of alteration;there were a few of the starch cells which had not even the beginning of the pro-cess of digestion, having changed into the substance called starch-dextrine,but these were very
  • 0879 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: in the basement; that he saw Conley there when he went there; that some-times when he saw him in his office there would be ladies there, sometimes Conley there, but sometimes he would give a quarter, that he did that a half dozen or more times; that he went to his office about once a week for a half dozen weeks, that he saw Frank there in the evenings and in the day times; sometimes he would see cold drinks in the office, Coca-Cola, lemon limes, etc., that sometimes he saw beer in the
  • 0880 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. (Looked at No. 12). Did Frank have any knowledge of your business down there?A. I don't know; he knowed I was in the basement; he knowed I was there.Q. Was Conley there when you were?A. Yes, sir; I seen Conley there at night; the night-watchman, too—he wasn't Conley.Q. At the time you saw Frank there was anybody else in the office with him?A. Yes, sir; there would be some ladies there; sometimes two and sometimes one, maybe they didn't work in the morning and would be there in the evening.Q. How many times
  • 0881 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: did not disclose the fact that Mrs. White saw the negro on April 26th, was evidence that the defendant was seeking to suppress testimony material to the discovery of the murderer.24. Because, during the trial, and on August 3, 1913, pending the motion of defendant's counsel to rule out the testimony of the witness Conley tending to show acts of perversion on the part of the defendant and acts of immorality wholly disconnected with and disassociated from this crime. (Such evidence being set out and described in grounds 13 and 14 of this motion.)The
  • 0882 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The Court: "Well, he knows what he is asking him."Upon this suggestion of the Court, that the Solicitor knew what he was doing, the spectators in the court-room applauded, creating quite a demonstration.Mr. Arnold again complained of the conduct of the spectators in the courtroom. The Court gave no relief, except directing the Sheriff to find out who was making the noise, to which Sheriff replied that he could maintain order only by clearing the court-room.25. Because the Court erred in admitting, over the defendant's objection, made at the time the testimony was offered,
  • 0883 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: that to the State authorities; was a circumstance going to show the guilt ofFrank.27. Because the Court permitted the witness Harry Scott, to testify overthe objection of defendant's counsel, made while the testimony was offered,that the same was irrelevant, immaterial, illegal and not binding on the de-fendant, that the witness first communicated Mrs. White's statements aboutseeing a negro on the street floor of the pencil factory on April 26, 1913, toBlack, Chief Lanford, and Bass Rosser, that the information was given tothe detectives on April 28th.The Court, over the defendant's objections, permitted the above
  • 0884 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Epps who claimed that on Saturday of the crime he accompanied Mary Phagan from a point on Bellwood Avenue to the center of the city of Atlanta, by showing that on April 27th at the house of Epps, he asked George, together with his sister, when was the last time they saw Mary Phagan. In reply, the sister of Epps said she had seen Epps on the previous Thursday, but the witness Epps said nothing about having ridden down with Mary Phagan the day of the murder but did say he had ridden to
  • 0885 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. Why, Mr. Schiff, if this is the door right here and—A. Mr. Dorsey I know that factory.Q. Well, I am trying to get you to tell us if you know it; you have no objection to telling it, have you?(Here objection was made by defendant's counsel that Schiff had shown no objection to answering the questions of the Solicitor and that such questions as the one next above, which indicated that the witness did object to answering was improper.)Mr. Dorsey: I have got a right to show the feeling.The Court: Go on, now,
  • 0886 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (Objection was here made by the defendant that the answer sought would be immaterial.)The Court: Well, I don't know what it is, ask him the question.Q. Didn't you tell Gantt the reason why Frank said he was going to turn you off?A. No, sir.Q. Didn't Frank tell you he was going to turn you off unless you would permit him to do with you what he wanted to do?A. No, sir.Q. No such conversation ever occurred?A. No, sir.Q. With M. Gantt, the man who was bookkeeper and was turned off there?A. No, sir, I
  • 0887 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: that Frank had committed disagreeable and prejudicial acts with the witness and the final assertion of the solicitor when the Court ruled it out that he would introduce Gantt and let the Court rule on Gantt too, was highly prejudicial to the defendant. The Court erred in permitting the solicitor to make the insinuations and to indulge in the threats that he would let the Court rule on Gantt too, in the presence of the jury and without any rebuke on the part of the Court. The Court erred in not formally withdrawing these
  • 0888 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 36. Because the Court permitted, at the instance of the solicitor the witness Sig Montag, to testify over the objection of defendant, made at the time the testimony was offered that same was irrelevant, immaterial, and incompetent, that he got the reports made of the crime by the Pinkertons and that they were made. That these reports were sometimes every day and then they did not come for a few days and then came again. That he practically got every day's report; that he got the report about finding the big stick and about
  • 0889 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 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.
  • 0890 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: not see anyone of the city detectives and that included Scott. Frank did not tell me that, the inference was without Mr. Rosser's consent, that was the ceive none of the city detectives without Mr. Rosser's consent, that was the substance of his conversation. Mr. Roberts came up and announced the city detectives; this was at Frank's cell in the county jail."The Court permitted this testimony to go to the jury over the objections — made as above stated, and in doing so committed error.This was especially prejudicial to the defendant, because the Solicitor,
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