SUPREME COURT OF GEORGIA APPEALS

  • 1001 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Holloway, E. F. - ContinuedConley, JimFamiliar with whole building, Page 77.Not duty of Conley, but of Holloway to watch door, Page 78.Washing his shirt, 28th, Page 79.Tried to hide it from Holloway, Page 79.Witness did not see Conley, 26th, Page 78.Cords lying scattered all over factory, Page 31.Dalton, C. B., never in or about factory, Page 77.Day watchman at factory, Page 29.Distances measured by Holloway, Page 79.Frank, Leo M.Never familiar with Conley, Page 77.Never spoke to deceased, Page 30.Worked Saturdays at factory, Page 78.Gant, J. M., talked many times with deceased, Page 30.Hopkins, Mrs.
  • 1002 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Hunter, Joel C.Financial Sheet examined by, Page 98.Testimony as to, Page 98.Would require 3 to 3½ hours, Page 98.IIngram, Louis, Page 231.April, 26th, Page 231.Reached city on English Ave car, Page 231.Has seen car ahead of time, Page 231.JJackson, Miss IreneDressing room, about Frank going to, Page 172.Flirting from factory windows, Page 172.Frank's character good, Page 172.Has known him 3 years, Page 172.Jefferson, Mrs. George W.Cords in factory like cord about neck of deceased, Page 28.Paints, different colored, in factory, Page 28.Jones, Ivy (c)April 26th1:00 to 2:00 p. m., saw Conley at Hunter and
  • 1003 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Kaufman, I. U.--ContinuedPlats and DrawingsBasement of factory, Defense Exhibit 61, Page 301.First floor of factory, Defense Exhibit 61, Page 301.Ground floor of Selig residence, Defense Exhibit 50, Page 299.Washington St. and Georgia Ave. corner, Defense Exhibit 53, Page 300Kelley, N.April 26th, deceased not on car of Matthews and Hollis, Page 231.Kendley, George,April 26thSaw deceased in life, Page 230.Bitter toward Leo M. Frank, Page 230.Asher, S. L. (242); Stahl, M. E. (241). Brent, T. Y. (241); Haas,Miss C. L. (242)Kendrick, L. T.Night watchman, former, nearly 2 years, Page 234.Clock needed setting then every twenty-four hours,
  • 1004 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Kitchens, Miss Mamie, Page 222.Dressing room incident, Page 222.Frank asked if girls did not have work to do, Page 222.Kriegshaber, V. H., Page 169.Frank's character good, Page 169.Has known Frank 3 years, Page 169.Trustee Hebrew Orphans' Home, Page 169.Frank also Trustee, Page 169.Frank came to Home often, Page 169.LLane, Alfred L., Page 167.Brooklyn, lives, Page 167.Frank's character good, Page 167.Knew him 15 years and at Cornell and Pratt Institute, Page 167.Lasher, Herbert, Page 168.Frank's character good, Page 168.Knew him 3 years at Cornell, Page 168.Classmate and roommate 2 years, Page 168.He associated with best
  • 1005 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Lee, Newt--ContinuedApril 26th.4.00 p. m., reached factory about, Page 2.Excused by Frank for 1½ hours, Page 2.6.57 p. m., returned to factory, Page 2.6.00 p. m., Gantt, J. M., came from saloon, Page 3.Went back to beer saloon in about half hour, Page 5.7.00 p. m., Frank phoned factory, Page 3.7.00 p. m., first trip to basement, Page 6.Witness says all factory doors unlocked evening of 26th, Page 6.April 27th.3.00 a. m., body discovered in basement, Page 3.Claimed he first saw it from toilet, Page 3.Notified police at once, Page 4.Clocks punched 26th and
  • 1006 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Loeb, CohenApril 26th, Page 116.2:00 p. m., caught car Washington St. and Georgia Ave, Page 116.Frank boarded this car at Glenn Street, Page 116.They sat together, Page 116.2:10 p. m., Frank left car at Capitol, Page 116.Car blockaded, Page 116.Frank went West on Hunter Street, Page 116.Had on blue suit, wore derby hat, Page 116.Automobile of H. J. Hinchey almost collided with car, Page 116.Nothing unusual about Frank, Page 116.No marks on, no nervousness, Page 116.Loeb, JulianApril 26th, Page 116.1:50 to 2:00 p. m., saw Frank at Wolfshimer's residence, Page 116.Talking to Mrs. Michael
  • 1007 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: McCrary, Truman (c)—ContinuedNever saw Conley sweeping on, Page 131.Schiff and Frank worked on, Page 130.McKnight, Albert (c), Page 41.April 26th1:00 to 2:00 p. m., claimed to be at Big home, Page 411:30 p. m., Frank came home, witness did not see Frank eat, Page 41.Dining room at Selig home described, Page 41.Kitchen, witness claims to have watched Frank from, Page 41.McKnight, Minola (c), Page 109.April 26thCooked breakfast at Selig home, Page 109.Frank ate shortly after 7 o’clock, Page 109.1:00 to 2:00 p. m., Albert McKnight not there, Page 109.1:20 p. m., Frank came to
  • 1008 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Mann, Alonzo--ContinuedFrank had him telephone Schiff, Page 122.Telephoned Schiff twice, Page 122.Left Miss Hall at factory with Frank, Page 122.Saw Holloway, Darley, Irby, McCraley there, Page 122.Office boy at factory, Page 122.SaturdaysBoy stayed until 3:30 to 4:00 p. m., Page 122.Frank always at work at that time, Page 122.Never saw any women in Frank's office, Page 122.Never saw Dalton there, on, Page 122.Marcus, Mrs. A. E, Page 127.April 26th, played cards, Selig home, Page 127.Frank sat reading in hall, Page 127.Nothing unusual about Frank, Page 127.10:00 p. m., Frank retired, Page 127.Marcus, Mrs. M,
  • 1009 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Maynard, C. J, Page 234.Dalton, C. B., at factory with woman in 1912, Page 234.Woman weighed about 125 pounds, Page 234.Merk, W. P.Knows Mrs. Daisy Hopkins, Page 234.Character for truth and veracity, bad, Page 234.Michael, JeromeApril 26th1:45 to 2:00 p.m., saw Frank at No. 387 Washington Street, Page 115.Time, how fixed, Page 115.Took dinner at No. 387 Washington Street, Page 115.Frank spoke to him and his mother, Page 115.Nothing unusual about Frank, Page 115.No scratches, marks, no nervousness, Page 115.Witness practicing lawyer in Athens, Page 115.Michael, Mrs. M. G, Page 114.April 26th2:00 p.m., was
  • 1010 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Montag, Sigmund—ContinuedApril 26th10:00 a. m., Frank came to Montag Bros, Page 128.Stayed about one hour, Page 128.Talked with Gottheimer and Miss Hall, Page 129.April 27thFrank came to home of, after breakfast, Page 129.A raw, chilly morning, Page 129.Nothing unusual about him, Page 129.No more nervous than Montag, Page 129.Went to factory and made examination, Page 129.Factory, saw nothing on floor of 27th, Page 129.Financial Sheet, Page 129.Of April 24th, received a. m. of 26th, Page 129.Frank came to Montag Bros. daily, Pages 128, 129.Insurance company ordered factory cleaned, Page 130.Metal room, accidents numerous in,
  • 1011 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Nix, M. O.--ContinuedFamiliar with Frank's handwriting, Page 123.Financial sheet in his handwriting, Page 123.Worked for Montag Bros., Page 123.OOwens, William, M.D., Page 143.Experiments at factory, with, Page 143.Assistance of Brent and Fleming, Page 143.Grand Jury, letter to, Page 147.Matter of conscience, Page 147.Owens, W. B.April 26th, Page 231.Reached city 12.05 p. m. on White City car, Page 231.Did not recall seeing on English Ave., car, Page 231.PPappenheimer, OscarAs to Financial sheets, Page 125.Parmelee, Mrs. J. O.Frank's character good, Page 170.Knows his character, how, Page 170.Knows his character, Page 170.Pay EnvelopeFound at factory by McWorth
  • 1012 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Pictures (By J. Q. Adams)FactoryBasement, Def. Ex. 69, Page 301.Passage to rear door, Def. Ex. 71, Page 302.Place where body found, Def. Ex. 70, Page 301.Cotton sacks, place kept, Def. Ex. 75, Page 302.Elevator viewsBox, Def. Ex. 80, Page 302.Foot of Shaft, Def. Ex. 68, Page 301.Shaft and trap door, Def. Ex. 73, Page 302.Wheel, 4th floor, Def. Ex. 81, Page 303.First floorEntrance, Def. Ex. 72, Page 302.Second floorCotton sacks, where kept, Def. Ex. 75, Page 302.Floor chipped, Def. Ex. 77, Page 302.Metal room, Def. Ex. 74, 82, 83, 84, Pages 303.Closet to, views,
  • 1013 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Pollard, C. L.Financial sheet examined by, Page 99.Testimony as to, Page 99.Would require exceeding three hours, Page 99.Pride, Arthur (c), Page 184.Always worked on second floor, Page 134.Except Saturdays, Page 134.On Saturdays, all over factory, Page 134.Conley, Jim,Character of, very bad, Page 134.Never associated with Conley, Page 134.Never saw Conley watching door on Saturdays, Page 134.ElevatorCan be heard when machinery stopped, Page 134.Makes roaring noise, Page 134.Motor makes loud noise, Page 134.Can hear while hammering going on, Page 134.SaturdaysHas not missed one since July, 1912, Page 134.Worked until 4:30 p. m., and all over
  • 1014 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Quinn, Limmie—ContinuedSpots, could not tell whether of paint, varnish or blood, Page 106.Spots of bloodOften on floor from cutsWitness relates instances of cuts where girls bled profusely and passed by spots found by Barrett, coming to office to have cuts dressed, Page 106.Women, about 100, worked in factory, Page 106.RReed J. D.Conductor Hollis said George Epps and deceased on his car, 26th, Page 235.Denied by Hollis, Page 235.Rich relatives in Brooklyn, none, Page 125.Frank's parents worth only $20,000, Page 125.Robinson, Miss RuthSaw Frank once speak to deceased, Page 222.Called her by name, Page 222.Rogers,
  • 1015 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Schiff, Herbert G, Page 85.April 25thFrank and Schiff left factory together 5:30 - 6:30 p.m., Page 87.April 26thSchiff intended coming to office but overslept, Page 87.Was called twice by Frank over phone, Page 87.April 27thSchiff saw Frank, no bruises on him, Page 91.April 28thFactory closed, too much excitement, Page 91.Girls standing around crying, Page 92.Had to suspend work, Page 92.Witness says Conley badly scared, Page 92.April 29thFrank and Schiff together at factory, Page 91.Frank did not speak to Conley, Page 91.Average SheetDiscussed and described, Pages 93, 95Miss Hall's initials "H.H." on, Page 93.Not to
  • 1016 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Schiff, Herbert G.--ContinuedUnreliable, Page 96.In stockade several times, Page 96.Women got him out, Page 97.Taken off elevator because unreliable, Page 96.Dalton, C. B., never saw him in factory, Page 87.ElevatorDark around, Page 92.Door to, easily lifted, Page 92.Motor box not kept locked, Page 92.Noise in operating, Page 92.Ferguson HelenApril 26th, paid off by Schiff, Pages 87, 96Did not ask for pay of deceased, Page 87.Financial sheetTestimony as to, Pages 86, 88, 89, 95.Frank, Leo M.As to nervousness, Page 91.Never spoke to deceased, Page 98.Hair, impossible to tell color of, Page 92.Haslkoline splashed all over
  • 1017 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Scott, Harry, Page 22.Black, worked with, Page 22.Pinkertons and police co-operated, Page 25.Conley's confession as to notes, Page 82.Frank, Leo M., Pages 80, 82April 29th, Frank taken into custody, by Scott and Black, Page 24.Witness first saw him, 28th, at factory, when Frank related in detail his movements on the 26th, Page 22.Lee, Newt, Page 22.Frank talked to, readily, at Scott's request, Page 24.Reports furnished Frank's attorneys, Page 23.Search of factory by Scott, Page 24.Selig, Emil, Page 110.April 26th, Page 111.Frank breakfasted before Mr. Selig, Page 111.1:15 p. m., Selig came to dinner, Page
  • 1018 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Selig, Mrs. Emil, Page 112.April 26th1:10 p. m., had dinner, Page 112.1:20 p. m., Frank came to dinner, Page 112.He sat down and ate, Page 112.1:30 p. m., ladies left table, Page 112.Frank still eating, Page 112.6:10 p. m., saw Frank at Jacobs Pharmacy, Page 112.Stopped at Mrs. Loeb's, coming home, Page 112.6:30 p. m., reached home, Page 112.Found Frank there ahead of them, Page 112.No scratches or bruises on him, Page 112.Nothing unusual about him, Page 112.6:45 p. m., all sat down to supper, Page 112.Frank at supper with others, Page 112.7:15 p.
  • 1019 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Selig Residence—ContinuedPictures of, Defense Exhibits 62, 63, Page 301.Plat of ground floor, Defense Exhibit 52, Page 299.Sinkovitz, N., Page 242.Pawned watch with M. E. McCoy, Page 242.Small, Miss Dora, Page 120.April 29th, at factory, Page 120.8:00 to 9:00 a. m., Frank talked to Miss Carson on business, Page 120.Conley worried her for money, Page 120.Asked for newspapers, Page 120.Bought extras, Page 120.Could read all right, Page 120.Said "Frank just as innocent as I am" and "God knows I am neveraround this place Saturday", Page 120.Elevator makes noise, shakes building, Page 120.Fourth floor, works on,
  • 1020 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Stahl, M. E., Page 241.Kendley, George, bitter toward Frank, Page 241.Stanford, Mell, Page 26.Spots seen by, in metal room, Page 27.Swept metal room, 25th, Page 27.Starnes, J. N., Page 10.April 27th, 5:00 to 6:00 a.m., went to factory.10Basement of factory examined, Page 10.Blood, what looked like dressing room, Page 10.April 28th, saw, near dressing room, Page 10.Chipped up parts, Page 10.Covered with white substance, Page 10.Clocks, examined by, with Hendricks, Page 10.Cords, knots in--described, Page 11.Many like cords all over factory, Page 11.Frank, Leo M., Page 10.Called over phone by Starnes, Page 10.Frank asked
  • 1021 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Stover, Monteen—ContinuedDid not see Frank, in, Page 26.Did not see safe, Page 26.Did not see wardrobe, Page 26.Metal room door closed, Page 26.This door sometimes open and sometimes closed, Page 26.Worked on fourth floor, Page 26.TThomas, K. T., civil engineer, Page 153.Distances to factory, fromBroad and Hunter Sts. 333 feet, 1½ minutes walk, Page 153.Marietta and Forsyth Sts. 1016 feet, 4½ minutes walk, Page 153.Whitehall and Alabama Sts., 831 feet, 3½ minutes walk, Page 153.Walked at fair gait, Page 153.Thompson, Mrs. Mattie, Page 173.Frank's character good, Page 173.Has known him 3 years, Page 173.Tillander,
  • 1022 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Urseabach, O. F. --ContinuedApril 27thFrank at his house, Page 125.No scratches or bruises on Frank, Page 125.Saw Frank again Sunday afternoon and evening, Page 125.Frank told him about tragedy, Page 126.4:00 p. m., Frank borrowed rain coat, Page 126.6:00 p. m., raincoat returned, Page 126.Bridge played at Urseabach home on Saturday nights, Page 126.Frank and wife did not play poker, Page 126.Urseabach, Mrs. C. F.April 26th1:30 p. m., took phone message from cook, Page 126.April 27thNo bruises or marks on Frank, Page 126.Raincoat borrowed from husband, Page 126.Told of tragedy by Frank, Page 126.Frank
  • 1023 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: White, Mrs. J. A.April 26th.11:30 a. m., saw her husband at factory.Frank, Miss Hall, Denham, White, and two other men, all in factory at that time.11:45 she left.12:30 p. m. she returned.1:00 p. m. she left, she saw Frank in his office as she left, he was at work.1:00 p. m. she saw unknown negro at foot of stairs sitting on box as she left factory.White and Denham worked fourth floor.Willett, T. H.Pattern, or model, of factory.Defense Exhibit 13.Made by blue print, Def. Ex. 87.WitnessesTESTIMONY FOR STATE.D O RD ROAnderson, W. F.Barrett, R. P.Beavers,
  • 1024 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Witnesses--ContinuedHolloway, E. F., Page D 29, Page O 30, Pages RD 31,32, Page R0 -82.Holloway, E. F. (Recalled by Deft.), Pages 76, 77, 79, Page -80.Hurt, Dr. J. W., Pages 46, 46, 48, Page -48.Jefferson, Mrs. George W., Pages 28, 28, 29.Lassiter, R. M., Pages 43, 43, 43.Lee, Newt (Colored), Pages 2, 4, 7.McKnight, Albert, Pages 41, 41, 42.Magnum, C. W., Page 74.Parry, H. L., Page 40, Page -40.Rogers, W. W., Pages 11, 14, 15, Page -16.Rosser, S. L., Pages 52, 52.Scott, Harry, Pages 22, 25, 26.Scott, Harry (Recalled for State), Pages 80, 80,
  • 1025 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Witnesses—ContinuedCraven, R. L., Page D 226 0 226 RD RO.Davis, Miss Mary, Page 221.Dobbs, Sergeant L. S., Page 232.Dobbs, W. C., Pages 232 232.Dougan, Mrs. C. D., Page 221.Duffy, J. E., Pages 223 223.Elder, W. J., Page 221.Epps, Vera, Page 234.Floyd, J. B., Page 231.Funk, Dr. John, Pages 240 241.Gaunt, J. M., Page 233.Godard, A. L., Page 221.Goddard, R. M., Page 221.Gordon, George, Page 224.Graham, E. K., Pages 233 233 225.Griffin, Miss Maggie, Pages 221, 223.Hale, W. C., Page 221.Hearn, J. T., Pages 221 221.Heifer, F. P., Page 221.Hendricks, J. H., Page 229.Hewell, Miss
  • 1026 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Witnesses—ContinuedMaynard, C. J., Pages 234 236.Merk, W. P., Page 224.Niles, Dr. G. M., Pages 238 239 239.Owens, W. B., Page 231.Patrick, W. C., Page 221.Pettis, Miss Nellie, Page 221.Pickett, E. H., Pages 227 228.Reed, J. D., Page 235.Rice, J. S., Page 221.Robinson, Miss Ruth, Page 222.Rogers, W. W., Page 232.Scott, Harry, Pages 234 234.Smith, Miss Carrie, Page 221.Smith, Lem, Page 221.Starnes, J. N., Pages 235 235.Tillander, O., Page 232.Turner, W. E., Pages 223 233.Wallace, Mrs. Mary E., Page 221.Winkle, Miss Estelle, Page 221.Wright, W. M., Page 221.TESTIMONY FOR DEFENDANT.Adams, J. Q., Pages 150 151.Adler,
  • 1027 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Witnesses—ContinuedBernhardt, C. W., Pages 151 152.Bird, J. P., Page 185.Blair, Miss Mollie, Page 220.Boehm, Julian B., Page 220.Branch, Harlee, Pages 139 139 140 140.Brown, Mrs. Jos., Page 220.Butler, B. P., Pages 148 148.Butler, R. P. (Rec.), Page 221.Campbell, Wade, Pages 105 105 106 106.Carson, Miss Irene, Page 174.Carson, Miss Rebecca, Page 220.Carson, Mrs. E. M., Pages 118 118.Caston, Mrs. M. W, Page 221.Castro, L. M., Page 163.Chambers, Phillip, Pages 182 132.Childs, Dr. Leroy W., Pages 165 166.Cooper, V. S., Page 185.Coplan, Nathan, Page 187.Coplan, Nathan (Rec.), Page 220.Cowan, Miss Cora, Pages 117 117.Craig, Ed,
  • 1028 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Witnesses—ContinuedFrank, Mrs. Rae, Pages 124 125 126.Freeman, Mrs. Emma Clarke, Page 104.Freeman, Mrs. Emma Clarke (Rec.), Page 171.Fuss, Miss Julia, Pages 173 181.Fuss, Miss Julia (Rec.), Page 220.Gershon, Joseph, Page 220.Glogowski, Mrs. H., Page 170.Goldstein, M. F., Page 169.Goldstein, M. J., Pages 127 128.Goodman, Miss Lillie M., Page 220.Gotheimer, Harry, Pages 124 124.Greenfield, A. D., Pages 142 143.Guthman, Al, Page 220.Haas, Mrs. C. L., Page 242.Haas, Isaac, Page 247.Hall, Miss Corintha, Page 103.Hall, Miss Corintha, Page 220.Hall, Miss Mattie, Pages 100 101 103.Hamilton, L. M., Page 135.Hancock, Dr. Thomas, Page 156.Harris, Mrs. A. I.,
  • 1029 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Witnesses—ContinuedKlein, Milton, Page 137.Klein, Milton (Rec.), Page 220.Klein, Miss Ray, Page 220.Kriegehaber, V H, Pages 169.Lane, Alfred Loring, Page 167.Lasher, Herbert, Pages 163, 168.Leach, J. R., Page 153.Lee, Charlie, Page 133.Lee, Charlie (Rec.), Page 222.Levy, Mrs. A. P., Pages 114.Lewis, Harry, Page 168.Loeb, Cohen, Page 116.Loeb, Miss Helen, Page 220.Loeb, Julian, Page 116.Loeb, Marcus, Page 220.MacIntyre, D. I., Page 220.McCarley, P. D., Page 220.McCord, Miss Marjorie, Page 220.McCray, Truman (c), Page 130.McKnight, Minola (c), Page 109.McMurtry, Miss Lena, Page 220.McWorth, W. D., Page 141.Mann, Alonzo, Pages 122, 123.Marcus, Mrs. A. E., Page 127.Marcus, Mrs.
  • 1030 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Witnesses—ContinuedOlmstead, Dr. J. C., Pages 161, 162.Osborne, Miss Annie, Page 220.Owens, Dr. Wm., Pages 143, 145, 147.Pappenheimer, Oscar, Page 125.Parmalee, Mrs. J. O., Page 170.Patrick, J. H., Page 135.Patterson, B. L., Page 135.Payne, Frank, Pages 131, 132.Pirk, Miss Mary, Page 119.Pirk, Miss Mary, Page 221.Pollard, C. B., Pages 99, 99, 100.Pride, Arthur (c), Pages 134, 134, 134.Quinn, Lemmie, Pages 106, 107, 108.Rice, M. S., Page 220.Rosenberg, Mrs. Mollie, Page 220.Schiff, P. G., Page 220.Schiff, Herbert G., Pages 265, 92, 97, 98, 98.Schiff, Herbert G., (Recalled for Cross-Exam.), Page 100.Selig, Emil, Pages 110, 111, 113.Selig,
  • 1031 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: Witnesses—ContinuedVanderhoef, Prof. J. E., Page D 168, Page C 168, Page RD EO.Wardlaw, Mrs. J. J., Page 174.Weinkauf, Godfrey, Pages 133, 133.Westmoreland, Dr. Willis F., Pages 159, 160, 161.White, Miss Bessie, Page 220.Wildauner, Dr. B., Page 220.Willett, T. H., Pages 151, 151, 151.Wilson, Mrs. S. A., Page 220.Wolfsheimer, Mrs. Hennie, Pages 115, 115.Wood, H. M., Page 152.Word, Miss Lizzie, Page 220.Wright, Miss Mande, Page 220.Wright, Richard A., Page 168.Ziganki, F., Page 220.TESTIMONY FOR DEFENDANT IN SUR- REBUTTAL.Asher, S. L., Pages 242, 242.Brent, T. Y., Pages 241, 241.Frank, Leo M., Statement, Page 242.Haas, Miss C.
  • 1032 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: In the Supreme Court of GeorgiaOCTOBER TERM, 1913LEO M. FRANK,Plaintiff in ErrorVS.STATE OF GEORGIA,Defendant in ErrorFrom Fulton Superior Court.BRIEF OF THE EVIDENCE.MRS. J. W. COLEMAN, sworn for the State.I am Mary Phagan's mother. I last saw her alive on the 26th day of April, 1913, about a quarter to twelve, at home, at 146 Lindsey Street. She was getting ready to go to the pencil factory to get her pay envelope. About 11:30 she ate some cabbage and bread. She left home at a quarter to twelve. She would have been fourteen years old
  • 1033 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: CROSS EXAMINATION.I know what time it was when I met Mary, because I looked at Keheley's clock at the corner of Oliver and Bellwood, where I caught the car. She caught the car at Oliver and Lindsay where I caught the car at Oliver and Bell Street. She got on before I did, at the block before. I didn't say anything before the Coroner's jury about seeing a clock there, but I did see one. I know it was about seven minutes after twelve when I got off at Marietta Street because I can
  • 1034 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and I went and says, "Alright, Mr. Frank," and he says, "What time is it?"and I says, "It lacks two minutes of six." He says, "Don't punch yet, thereis a few worked to-day and I want to change the slip." It took him twice aslong this time than it did the other times I saw him do it. He fumbled puttingit in, while I held the lever for him and I then made some remark abouthe was not used to putting it in. When Mr. Frank put the tape in I punchedand I went
  • 1035 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: saw something laying there which I thought some of the boys had put there to scare me, then I walked a little piece towards it and I seen what it was and I got out of there. I got the ladder and called up police station. It was after three o'clock. I carried the officers down where I found the body. I tried to get Mr. Frank on the telephone and was still trying when the officers came. I guess I was trying about eight minutes. I saw Mr. Frank Sunday morning at about
  • 1036 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: going in the basement. That would only prevent anybody from up stairs from going into the basement unless they went by the elevator or by unlocking those double doors. All of the doors to the factory were unlocked when I got back there Saturday afternoon about six o'clock, the first floor, the second floor, the third floor and the fourth floor. Anybody could come right in from the street and go all over the factory without Mr. Frank in his office knowing anything about it. The doors are never closed at all. That is
  • 1037 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: from there. No. I didn't go back as far as they found the body. I didn't go back that far at all during the night - The reason I went that far back when I saw the body was because I was after the closet. There are two closets on the second floor, one on the third floor and one on the fourth floor. I didn't see the lady's hat or shoe when I went down to that little place with my lantern, nor the parasol. My lantern was dirty. I was sitting down
  • 1038 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 any 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. He was holding the lever there and he got it 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
  • 1039 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: truding just the least bit. I began to look around and found a couple of notes. The cord was pulled tight and had cut into the flesh and tied just as tight as it could be. The underclothing around the neck was not tight. There wasn't much blood on her head. It was in her hair and it was a little moist. This scratch pad (State's Exhibit "H") was also lying on the ground, close to the body. The body was lying with the head towards Forsyth Street, the head being near the partition.
  • 1040 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: hat was possibly nearer the elevator than the shoe. That was a dirt floor and cinders on it scattered over the dirt. I thought the places on her face had been made from dragging. I think I saw little blood on the underclothing. I did not testify before the coroner that the blood ran a little when we moved the body. I didn't say it was liquid. The blood was dry. The little trail where I thought showed the body was dragged went straight on down where the girl was found. It was a
  • 1041 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 10RECALLED FOR THE STATE.The trap door leading up from the basement was closed when we got there.There were cobwebs and dust back there.J. N. STARNEB, sworn for the State.I am a city officer. Went to the pencil company’s place of business between five and six o’clock, April 27th. The pencil company is located in Fulton County, Georgia. That is where the body was found. The staple to the back door looked as if it had been prized out with a pipe pressed against the wood. There was a pipe there that fitted the indentation
  • 1042 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: CRO88 EXAMINATION.I am guessing about the time. It wouldn't take over five minutes to get off the car, walk to the pencil factory door, in, walk up the stairs and back into Mr. Frank's office. The hasp is bent a little. I heard Boots Rogers testify at the coroner's inquest and I testified twice. I did not correct any statement at the coroner's inquest that Boots Rogers made. I am the prosecutor in this case. I can not give the words of the conversation of the telephone message between myself and Mr. Frank. I
  • 1043 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: about 3 a. m. about hearing the telephone ring. Mr. Black said something about whiskey to Mrs. Frank in Mr. Frank's presence. Mrs. Frank said Mr. Frank hadn't had any breakfast and we'd allow him to get breakfast. I told Mr. Black that I was hungry myself. Frank said let me have a cup of coffee, Mr. Black in a kind of slip, said, "I think a drink of whiskey would do him good," and Mrs. Frank made the remark that she didn't think there was any whiskey in the house. Mr. Frank seemed
  • 1044 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: that he didn't know whether he did or not but that he could tell whether she worked at the factory by looking at his pay roll book - As we were leaving Mr. Frank's house, Mr. Frank asked Mrs. Phagan to telephone Mr. Darley to come to the factory. Mr.-Frank was apparently still nervous at the under- taking establishment, he stepped lively. He was just his general manner that indicated to me that he was nervous. I never saw Mr. Frank in my life until that morning. After we got out of Mr. Frank's
  • 1045 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (Defendant's Exhibit I), the first punch was 6:01, the second one was 6:32 or 6:33. He took the slip back in his office. I glanced all the way down and there was a punch for every number. While we were walking through the factory Mr. Frank asked two or three times for a cup of coffee. As to what Mr. Frank said about the murder, I don't remember that I heard him express himself except down in the basement. The officers showed him where the body was found and he made the remark that
  • 1046 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Frank stepped into that dressing room, but he passed out of my view. So did Mr. Black. Mr. Ghesling had a better view of Mr. Black and Mr. Frank than I did, because my back was to them and Mr. Ghesling 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.
  • 1047 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: dressing room and Mary's machine within two or three feet. Mr. Frank, during the past twelve months, would pass through the metal department looking around every day. Sometimes I would find him talking to some of the men in the office at the clocks. He came back in the metal room to see how the work was getting on. The metal is kept in a little closet back under the stair steps. I asked Mr.Quinn, not Mr. Frank, if the metal had come. Saturday at twelve o'clock is the regular pay-day, but the week
  • 1048 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 17JOHN 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 over 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
  • 1049 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 18anything that we might find in connection with the case. On Tuesday night Mr. Scott and myself suggested to Mr. Frank to talk to Newt Lee. Mr. Frank spoke well of the negro, said he had always found him trusty and honest. They went in a room and stayed from about 5 to 10 minutes alone. I couldn't hear enough to swear that I understood what was said. Mr. Frank stated that Newt still stuck to the story that he knew nothing about it. Mr. Frank stated that Mr. Gantt was there on Saturday
  • 1050 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: whether Mr. Frank finished dressing upstairs or not. I couldn't see him when he went behind those curtains. 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 face when I saw the face when the undertaker turned her over. Yes, Mr. Frank was in front of me had an opportunity to see it also. No, Mr. 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.
  • 1051 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 20MRS. J. W. COLEMAN, re-called for the State.Mary carried a little silver mesh bag the day she left her home, made of German silver. This looks like the handkerchief that she carried. (State's Exhibit "M.")J. M. GANTT, sworn for the state.From June last until the first of January I was shipping clerk at the National Pencil Company. I was discharged April 7th by Mr. Frank for alleged shortage in the payroll. I have known Mary Phagan when she was a little girl. Mr. Frank knew her, too. One Saturday afternoon she came in the
  • 1052 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and kind of hesitated and stuttered like he didn't like me in there somehow or other.21GROSS EXAMINATION.I testified at the coroner's inquest. I admit I did not testify about Frank's knowing Mary very well there, that has been recalled to my mind since I was arrested on Monday, April 28th, at 11 o'clock and held until Thursday night about six.MRS. J. A. WHITE, sworn for the State.I saw my husband at the pencil factory at 11:30. I stayed there until about 10 minutes to 12. I left him there and came back about 12:30
  • 1053 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I am Superintendent of the local branch of the Pinkerton Detective Agency. I have worked on this case with John Black, city detective. I was employed by Mr. Frank regarding the National Pencil Company. I saw Mr. Frank Monday afternoon, April 28, at the pencil factory. We went into Mr. Frank's private office. Mr. Darley and a third party were with us. Mr. Frank said, "I guess you read in the newspapers about the horrible crime that was committed in this factory, and the directors of this company and myself have had a conference
  • 1054 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: reached the street door entrance he found Lee talking to Gantt, an ex-book- keeper who Frank had discharged for stealing. Mr. Frank stated that he had arrived home at about 6:25 p. m. knowing that he had discharged Gantt, he tried to get Lee on the telephone at about 6:30; knowing that Lee would be in the vicinity of the time clock at that time and could hear the tele- phone ring; that he did not succeed in getting him at 6:30, but that he got him at seven; that he asked Lee the
  • 1055 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: chipped out places. It was just as though somebody had taken a cloth and rubbed some white substance around in a circle, about eight inches in diameter. This white stuff covered all of the dark spots. I didn't note any unusual signs of nervousness about Frank in his office. There wasn't any trembling or anything of that sort at that time. He was not composed. On Tuesday night, April 29, Black, Mr. Frank and myself were together and Mr. Black told Mr. Frank that he believed Newt Lee was not telling all that he
  • 1056 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 25CROSS EXAMINATION.Yes, I sent you this report as to what happened between Mr. Herbert J. Haas and myself: "This afternoon Supt. H. B. Starnes and myself held a conference with Mr. Herbert Haas, at which time Darley's position in the matter was discussed, and Mr. Haas stated they wanted to learn who the murderer was, regardless of who it involved."- Mr. Haas told me that after I had told him we would withdraw from the case before we would not co-operate with the police. No, I did not report that to you. I reported
  • 1057 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: serious mistake. That is an oversight. Yes, I reported to the police beforeI reported to Mr. Haas or Mr. Montag.RE-DIRECT EXAMINATION.Yes, our agency reported to the police about finding the club. I find itis in our report of May 15th. I don't know when it was reported; I wasout of town. I worked all through this case with Detective Black and everymove he made was known to both of us. As to the stairway from the base-ment to the upper floor, there was a great deal of dust on the stairs and thedust didn't
  • 1058 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: that I had never seen before at the west end of the dressing room on the second floor of the pencil 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 haskoline, both white substances, on this floor. This white stuff was smeared over the spots.
  • 1059 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 28on second floor near dressing room. That wasn't thereon Friday when Iswept between 9 and 12 o'clock. I use a small broom in sweeping. I saw abig cane broom standing by the waste material on Monday about six feetfrom where the blood was found. The spot looked to me like it was blood,with dark spots scattered around. It looked like the large broom had beenused in putting the haskoline on the floor by the impressions or scratches ofthe cane in the floor.CROSS EXAMINATION.I was a sweeper in the metal room. Yes, they have regular
  • 1060 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: RE-DIRECT EXAMINATION.The pencils are painted on the third floor. There isn’t any paint used at all in the factory only in the polishing room, except on the third floor.B. B. HASLETT, sworn for the State.I went to Mr. Frank’s house Monday morning after the murder, about 7 o’clock. I went out there and got him and took him to the station house. He was at the station house two or three hours. I told him Chief Lanford wanted to see him.CROSS EXAMINATION.I saw Mr. Rosser and Mr. Haas at the station house about 8:30
  • 1061 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 800that I locked it Saturday. I did say in that affidavit it is kept locked all the time. The reason I said at the coroner's inquest that the elevator box was always locked and that I left it locked on Saturday was because I forgot to tell about that sawing. I did that sawing just after I left there Saturday. Friday evening I never heard Mr. Frank say anything to Newt Lee. When I left the factory at 11:45 on Saturday Mr. Frank said to me "You can go ahead if you want to;
  • 1062 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: up there; I had to saw that plank for them. They told me that it would take them until about 3 o'clock. The office boy, Alonzo Mann, 18 or 14 years old, came in next. Mr. Frank came in about 8:20 or 8:45. He went right in his office, unlocked his safe and got out-his books. I went to work on them. Mr. Darley was the next one that came in and then Mattie Smith the next. She stayed about 10 minutes and went out again. I met Miss Corinthia Hall and Miss Emma
  • 1063 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: RE-CROSS EXAMINATIONWhen I gave Mr. Dorsey that affidavit about locking the elevator I was telling more about my habit, the way I usually did it. I forgot to tell him about sawing those planks that Saturday morning and the fact that I sawed 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
  • 1064 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: done, I don't think. When riding down to the police station from the pencil factory Mr. Frank was on my knee, he was trembling. I saw the financial sheet on Mr. Frank's desk. Mr. Frank picked it up in his hand. Gantt was at the factory three or four times after he was discharged. My recollection is that Frank said something about the financial sheet on Sunday. It was on May 3rd that Mr. Haas, the insurance man asked that the factory be cleaned upon the Malsby side and on the other side. When
  • 1065 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 34he had to figure it up at the end of the month to get the average. To arrive at the profit that was made during the week he took the actual value of the pencil and the amount of expenses that was paid out for material, labor, etc. He had to get all the data, all the reports and make all those calculations. It usually took him from about half past two to three o'clock on Saturday until five-thirty, and some times later. This financial sheet (Defendant's Exhibit "2") is in Frank's handwriting and
  • 1066 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: "jobs" implies I don't know how many different kind of jobs. There are 24 different kind of pencils. He puts them there as having been produced that week. He got the reports as to the quantity of each kind of pencil and had to tabulate all those reports and arrive at the total of each kind. No, I don't think he had to figure out the cost of production of each kind, but he figures the quantity of each kind of pencil and shows its value on the sheet. Starnes and Black and Anderson
  • 1067 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: On a cloudy day it is very dark. We keep a light burning there most of the time. I couldn't say whether we had cleaned up all the trash and rubbish around the factory, because there are corners and crevices which we don't usually get to. Saturday, April 26, was a very bad, misty day, until about 9:30. It was cloudy most of the day. It was dark there around the elevator on the first floor and we had big heavy boxes piled up there. One of them must have been almost as large
  • 1068 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Mr. Frank saw anything going wrong inside the factory, he would refer thematter to me. I never saw Mr. Frank speak to Mary Phagan. I don't knowwhether he knew her or not. I didn't know we had a girl by that name in thefactory until I found it out afterwards. The two men working up in the fourthfloor all day Saturday could have come to the second floor into the metal roomand down into the basement if they wanted to, they had the whole run of thefactory. Yes, I have seen all kinds of
  • 1069 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 88ladder in the basement is much closer to the elevator than what is shown on the picture. It is about 6 feet. On the picture it looks to be about 10 feet and the toilet in the basement is closer to the elevator than the picture shows, it is right up against the wall. The picture does not show the Clarke Woodenware partition back of the elevator. The door to the Clarke Woodenware Company also is closer to the elevator than the picture shows. On the stairs from the first to the second floor
  • 1070 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: of the clock Sunday morning had been punched regularly. I made the same mistake standing right-there by his side. I didn't see Mr. Frank date the slip. It ought to have been dated the 26th. The slip I saw didn't have any time on it except the watchman's time. I don't know whether I would know it or not, to identify. The slip-404, not made in-duplicate. As to whether there is any mark on the slip to enable any one to identify it, as the one taken out that night, my memory is that
  • 1071 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I continued to call for about five minutes. I told Central that there had beena girl killed in the factory and I wanted to get Mr. Frank. I called Mr. Haasand Mr. Montag, too. I got a response from both. I think a lady answeredthe telephone. I got them in a few minutes. I tried to get Mr. Frank againabout four o'clock. Central said she rang and she couldn't get him. Therewas some blood on the girl's underclothes.CROSS EXAMINATION.There was a wound on the left-hand side of the girl's head. The blood wasdried up.
  • 1072 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: G. C. FEBRUARY, sworn for the State.I was present at Chief Lanford's office when Leo M. Frank and L. Z. Rosser were there. I took down Mr. Frank's statement stenographically. I don't remember Frank's answers in detail. Mr. Rosser was looking out of the window most of the time. He didn't say anything while I was in there. This (Exhibit B, State), report is correct report of what Mr. Frank said. It was made on Monday, April 28th.CROSS EXAMINATION.I believe Mr. Rosser and Mr. Frank were in the room when I came in. It
  • 1073 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Mr. Starnes, Mr. Campbell, Mr. Morse, Mr. Martin and Mr. Dorsey all talkedto me. I didn't go down to see Miss May at the station house. I didn't see Mrs.Frank or Mrs. Selig that Saturday through the mirror. I didn't keep my eyeon the mirror all the time. I couldn't tell who was in the dining room withoutlooking in the mirror. Mr. Frank got there not later than 1:30. Mr. Frankcame on back to Pulliam Street, and caught the Georgia Avenue car at thecorner of Georgia Avenue, and Pulliam Street. I am certain that
  • 1074 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 4330 minutes. I was in the automobile with Mr. Frank and Mr. Black and his leg was shaking. He was under arrest at the time.CROSS EXAMINATION.I don’t know what he was doing in the office. I saw some other people up there that I didn’t recognize. I was sent to the pencil factory to notice Mr. Frank and the pencil factory. I thought Mr. Frank would be arrested.J. L. BEAVERS, sworn for the State.I am Chief of police of the City of Atlanta. I was at the pencil factory on Tuesday, April 29th, and
  • 1075 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 44CROSS EXAMINATION.I was called as a witness in this case a week after it started. I told some of my friends about Mr. Frank's nervousness and they advised me to go to Dorsey. I never knew or saw Mr. Frank before. When we were told of how the little child was murdered, it excited me some.RE-DIRECT EXAMINATION.I don't recall trembling any. I am pretty sure I didn't because my friend that I went to Opelika with that morning suggested that I was trembling when I went through there, and I told him I was
  • 1076 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: before death because it was very much swollen: if it had been hit after death there wouldn't have been any swelling. I found a wound 2½ inches on the back of the head. It was made before death because it bled a great deal. The hair was matted with blood and very dry. If it had been made after death, there would have been no blood there. There was no circulation after death. The skull wasn't crushed; the scalp was broken. The indication was that it was made before death. There was a scar
  • 1077 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 46on the inside of the garment high up about the waist line which to my mind could not have been produced by turning with the tail.CROSS EXAMINATION.I found grit and stain on all of the chips. I couldn't tell the one that I found blood on. I did the work in the ordinary way. The whole surface of the chips was coated with dirt. I couldn't tell whether the blood stain was fresh or old. I have kept blood corpuscles in the laboratory for several years. I found probably three or four or five
  • 1078 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: shaft with an edge, it might have produced the wound. I do not know of the kind of instrument that produced the wound. There was no contusion on the inside of the skull, but the skull was not fractured. Neither the brain nor the meningis were affected. There was a slight contusion on the inner lining of the skull. There was no bleeding on the brain tissues. I don't know whether it would produce unconsciousness or not. I was never asked before to examine the inside of anybody's skull to determine the fact whether
  • 1079 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: RE-DIRECT EXAMINATION.I could not detect the hymen from a digital and ocular examination. Ordinary normal menses would produce congestion of the blood vessels in the womb. The blood, flowing over the hymen, I think would produce a little inflammation at the hymen, but if the hymen was broken down, I don’t know that menstruation would have any affect upon the hymen. If the menstruation was about off, then I would say that any undue excitement might produce the flow again, or increase the flow that was already there. The contents of this bottle didn’t
  • 1080 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 49surface 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 had been 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 that it
  • 1081 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: around the neck of this little girl and produced the same results as I found. I took about five or six ounces altogether out of the stomach. It was all used up in making my experiments. I know of no experiments made as to the effect of gastric juices where the patient is dead. The juices of the body after death gradually evaporate. The chief analysis 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 may retard
  • 1082 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: some parties in the office but I don’t know them. They were ladies. Sometimes there would be two and sometimes more. I don’t know whether it was the stenographer or not. I don’t recollect the next time I saw him in his office. I never saw any gentlemen but Mr. Frank in there. Every time I was in Mr. Frank’s office was before Christmas. Miss Daisy Hopkins introduced me to him. I saw Conley there one time this year and several times on Saturday evenings. Mr. Frank wasn’t there the last time. Conley was
  • 1083 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 52RE-DIRECT EXAMINATION.Miss Daisy Hopkins knows Mr. Frank. I have seen her talking to him and she told me about it.S. L. ROSSER, sworn for the State.I am a city policeman. On Monday, April 28th, 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 clips we had at factory. The club was not on floor by elevator the day I searched the place. I had a flash light
  • 1084 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: there Thanksgiving day, she was a tall, heavy built lady. I stayed down there and watched the door just as he told me the last time, April 26th. He told me when the lady came he would come and let me know that was the one and for me to lock the door. When he told me the lady came and he stomped for me, I went and locked the door. He told me. He told me when he got through with the lady he would whistle and for me then to go and
  • 1085 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: give the young lady time to get out" - I says, "All right, I will do just as you say," and I did as he said. Mr. Frank hit me a little blow on my chest and says, "Now, whatever you do, don't let Mr. Darley see you." I says, "All right, I won't let him see me," and then Mr. Frank went upstairs and he said, "Remember to keep your eyes open," and I says, "All right, I will, Mr. Frank." And I eat there on the box and that was the last
  • 1086 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and rubbing his hands like this. He had a little rope in his hands—a long wide piece of cord. His eyes were large and they looked funny. He looked funny out of his eyes. His face was red. You see, I had a cord in his hands just like this here cord. After I got up to the top of the steps, he asked me, "Did you see that little girl who passed here just a while ago?" and I told him I saw one come along there and she come back again, and
  • 1087 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: found I couldn't get it on my shoulder, it was heavy and I carried it on my arm the best I could, and when I got away from the little dressing room that was in the metal department, I let her fall, and I was scared and I kind of jumped, and I said, "Mr. Frank, you will have to help me with this girl, she is heavy," and he come and caught her by the feet and I laid hold of her by the shoulders, and when we got her that way I
  • 1088 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: takes a cigarette and a match and hands me the box of cigarettes and I lit one and went to smoking and I handed him back the box of cigarettes, and he put it back in his pocket and then he took them out again and said, "You can have these," and I put them in my pocket, and he said, "Can you write?" and I said, "Yes, sir, a little bit," and he taken his pencil to fix up some notes. I was willing to do anything to help Mr. Frank because he
  • 1089 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: paper dollar bills in there and two silver quarters and I took a drink, and then I bought me a double header and drank it and I looked around at another colored fellow standing there and I asked him did he want a glass of beer and he said "No," and I looked at the clock and it said twenty minutes to two and the man in there asked me was I going home, and I said, "Yes," and I walked south on Forsyth Street to Mitchell and Mitchell to Davis, and I said
  • 1090 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Frank told me to come to his office. I have never seen any cot or bed down in the basement. I refused to write for the police the first time. I told them I couldn't write.CROSS EXAMINATION.I am 27 years old. The last job I had was working for Dr. Palmer. I worked for him a year and a half. I worked before that for Orr Stationery Company for three or four months. Before that I worked for S. S. Gordon. Before that I worked for Adams Woodward and Dr. Honeywell. Got my first
  • 1091 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: but $6.05. Snowball was drawing $6.05. As to who it was I didn't want to see what I was drawing, there was one named Walter Pride; he's been there five years. He said he drew $12.00 a week. Then there was Joe Pride, he told me he drew $8.40 a week. They were down in the basement and asked me how much I was drawing. I told them I didn't know none of their business. Then there was a fellow named Fred. I don't know how much he drew. The next one was the
  • 1092 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: my habit not to do it. As to how they would know how much to pay me if I didn't ring in, I knew they paid me $1.10 a day all the time. No, they didn't pay me by the clock punches, they paid me by the day, they paid me 11c. an hour. Sometimes I would punch the clock when I got there; that was my duty. Sometimes I was paid when I didn't work, I don't know how that happened, but Mr. Frank would come and tell me I didn't take out
  • 1093 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: that time about half an hour and then the girl went out. He gave me half a dollar this time. The next time I watched for him and Mr. Dalton too, somewhere along in the winter time, before Thanksgiving Day, somewhere about the last part of August. Yes, that's-somewhere after the winter. This time he spoke to me on the fourth floor in the office. Gordon Bailey was standing there when he spoke to me. He said, "I want to put you wise again for to-day." The lady that came in that day was
  • 1094 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 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 three o'clock. They stayed there about two hours. I didn't see either one of the ladies. I can't describe what either one of them had on. The man was tall slim built, a heavy man. I have seen him at the factory talking to Holloway, he didn't work there. I have
  • 1095 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: told me to watch for him. I don't know whether Mr. Frank knew he was there or not. There were eight 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 me were the last negroes to get jobs there. We were the new darkies; the others had been working there 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.
  • 1096 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: could'nt tell you anybody who came to the factory the first Saturday I watched.The second time I think there were some young ladies working up on thefourth floor. I don't know about the third time. I don't know whether any-body was working there Thanksgiving or not. I didn't see Mr. Schiff at all.I will swear that he was not in the office with Mr. Frank. I don't knowwhether any ladies were working there the next time or not. I have been backin the metal department, but I never have been on the right hand
  • 1097 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: that statement in the detectives' office. Mr. Black and Mr. Scott were present. They didn't question two or three hours. I did some writing before then, before that statement was made. Yes, I know I did some writing before May 18th. I did some writing in Chief's office that Sunday. I told Black I bought whiskey on Peters Street at about 10.30. I told them I paid forty cents for it. I don't remember telling them that I bought the whiskey at 11 o'clock. Yes, I told them I went into the Butt-In Saloon
  • 1098 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: reason I told them I left home at 9 or 9:30, because there was not anything doing at the factory at that time. I told them it was about 9 o’clock when I looked at the clock, because I don’t know what time it was when I looked at the clock, and I told them I had some steak and some sausage for breakfast and a piece of liver and I drank some tea and bread. Well, there was some sausage, but I don’t know whether I ate it or not. Yes, I had
  • 1099 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: there. I must have said so. I don't remember saying it. I told them I metMr. Frank at the corner of Nelson and Forsyth Street before I went to thefactory. Yes, I told them I went from Peters Street and met him at the cornerof Nelson and Forsyth before I went to the factory. As to why I told them thatstory, because I did meet him there. No, I didn't go straight from PetersStreet to meet him at the corner of Nelson and Forsyth as I told them. I wentstraight from Peters street to
  • 1100 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: back from Montag's. It may have been about 11 o'clock. Miss Mattie Smithleft the factory somewhere about 9:30. It was after we got back from Montag'sthat I saw Mr. Darley leave. Mr. Holloway and the peg-legged negro wentupstairs and came down before Mr. Darley left the factory. They could haveseen me sitting on the box, as they came out the factory. Mr. Holloway leftabout 10 or 15 minutes after Mr. Darley left. It may have been four or fiveminutes. After Mr. Holloway left, I told them-Mr. Quinn came in-I may havetold them that a
  • 1101 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: to tell it all right at one time. I just told a little and kept back a little. Yes, and Mr. Dorsey went down seven times while I was telling some and holding back some. They didn't ask me to back any stories. No, it didn't take Mr. Dorsey seven-times to tell the truth. Yes, I said I added to it every time he went down. But he wouldn't go back and try to do anything with it. I didn't tell the officers that I went to a moving picture show after I left
  • 1102 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: stayed up there a good little while, ten or fifteen minutes. I didn't tell the officers the peg-legged negro went up first. I didn't tell them in the first statement. I may have told them in the next statement. The peg-legged negro didn't stay up stairs no time. Came back down with Mr. Holloway. Mr. Darley came down five or ten minute after Mr. Holloway came down. Yes, that was after he came back from Montag's. I have no idea what time it was. After Holloway came down, the lady with the green dress
  • 1103 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 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, had whitish looking stripes on it. I taken the cloth and spread it down and rolled the little girl in-the cloth and tied it up and laid her down in the cloth, I tied the cloth around her. I did my best and her feet were hanging out of the cloth, also her head. If I didn't tell Black and Scott anything about the hat and
  • 1104 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Miss Mary Fink on April 28th and she didn't say that I committed the crime and I didn't shoot out of the room immediately after she said that I didn't tell Miss Carson on Monday that I was drunk all day Saturday. I didn't see her at all on Monday. I didn't tell Mr. Herbert Haas 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
  • 1105 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: wrote the word ‘Luxury’ and ‘Thomas Jefferson.’ I didn’t have anything at all to copy from. I was writing it down for Mr. Frank.MRS. J. A. WHITE, recalled for the State.I have seen this man before at police headquarters (indicating Conley) about a month after the murder. At that time I did not identify him as being the man I saw sitting on the box. The man sitting on the box was about the same size as Jim Conley. I couldn’t state it was Jim Conley. He was sitting in a dark place, and
  • 1106 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (Witness identifies various portions of factory from the factory model—Defendant's Exhibit 4). There is no lounge, sofa, cot or bed-in-the whole factory. I found two boxes down in the basement in Clark Woodenware side of old dirty, rotten stuff, too dirty and rotten for a human being to rest upon. It's boggy in there. They had on top of them some dirty, filthy, nasty crocus sacks. There is no lounge, bed, sofa or anything of the sort in the metal room. I have never seen a chair in there. I have never seen any
  • 1107 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 76to see if I could pick out a man that looked suspicious, and Jim Conley was the man I thought looked most suspicious. The latter part of last year I issued orders that the sweepers must stop cleaning up by twelve o'clock and if they hadn't cleaned up by that time they would have to knock off and leave the factory. If they stayed there after twelve o'clock I didn't know anything about it. Harry Denham usually stayed in the factory every other Saturday afternoon to clean the motor and oil the machinery and
  • 1108 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 77RE-DIRECT EXAMINATION.I communicated immediately with the police when we found the blood back there. I think Harry Scott was the first man I reported Conley's nervousness to. It was on Monday, April 28th, 1913.E. F. HOLLOWAY, recalled for cross examination.I am the day watchman and time keeper. I look after the register to see that everybody registers. No, it was not a habit of Conley to register or not as he pleased and to get his pay anyhow. If he didn't register I always got after him. I applied the same rule to him
  • 1109 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: except when Schiff. was off on his vacation. I have never seen any of them bring any women in there or take any out. I have never been sick or missed a single Saturday since last year. I would leave about 4.30 Saturday after- noon. I have never seen Dalton in the factory at all. I wouldn't have let a fellow like that in the building unless I knew what his business was. There was nobody practicing any immoralities in the building. If they did I would know it. I would have put them
  • 1110 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: remember the time. I never saw Conley on April 26th. If he was there he was skulking around and hiding. I never saw McCrary talk to him that day. On Monday morning I saw Conley, instead of being upstairs where he ought to be sweeping, he was down in the shipping room watching the detectives, officers and reporters. I caught him washing his shirt. Looked 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
  • 1111 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 80some time. Hasn't been used since Christmas. If the negro went out and bought-beer I didn't know it. I never saw him. I don't recollect whether the drayman was up there April 26th to get his pay or not. There was so much excitement in the factory on Monday that we shut down about 9:30. Nobody stayed at their work. Jim Conley quit work like everybody else and went out. As to-one thing that Conley said that the others didn't do I haven't got any. The shirt he was washing was the same shirt
  • 1112 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 81very strongly to him and tried to make him give a confession. We used alittle profanity and cussed him. He made that statement after he knew that Iknew he could write. We had had him for about the last three hours that day. Hemade another statement on May 24th which he was put in writing. (Defend-ant's Exhibit 37.) He was carried to Mr. Dorsey's office that day and wentover the statement with Mr. Dorsey. He still denied that he had seen thelittle girl the day of the murder. He swore to all the statement
  • 1113 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 82the little girl was Mary Perkins. He never said anything at all about MaryPerkins. We pressed him that day as to whether he saw Mary Phagan or not.He finally told us that he saw her dead body. He never did tell us that he hearda lady scream though we asked him about it. He said he did not hear anybodyscream while he was sitting on the box. He said he didn't hear anything atall that day. He never said anything about Mr. Frank having hit her, andhaving hit her too hard. He never said
  • 1114 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Don't know the day. It was shortly after April 28th. After Conley madehis last statement Chief Beavers, Lanford and I went to the jail with Conleyand saw the Sheriff and he went to Frank's cell. The last time I saw Frankwas Saturday, May 3rd. As to whether Mr. Prehn refused to see me, onlythrough Sheriff Mangum, as to the number of people I told Conley didn't fitthe first time and those I told him didn't fit the last time, I couldn'tnot name those, that would almost be impossible unless I had the statementclear in
  • 1115 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: get off the car at Broad and Marietta because there was a street car conductorsitting behind me, an ex-conductor and he had a badge on his coat and Ilooked at it and it had a little girl's picture. I reached over to where Marywas and said, "Little girl, here is your picture" and she said, "No, it is not."I don't know who the other little girl was riding with her. The other littlegirl was dressed something like Mary. I didn't pay much attention to theirdresses, but they looked sort of alike. Mary's dress wasn't
  • 1116 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 85passengers except Mary Phagan. As to what attracted my attention to Mary getting on the front end of the car, as a general rule when she would catch our car Mr. Matthews would say to her "You are late to-day," and sometimes she would come in and remark that she was mad; that she was late to-day and when she came that morning Mr. Matthews said to her, "Are you mad to-day ?" and she said, "Yes, I am late." And sort of laughed and came on in the car and sat down. She
  • 1117 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: of the company were taken care of. We simply looked after the manufacturing end. The financial sheet which Mr. Frank and I worked on on Saturdays showed how our week terminates, whether a profit or loss. We had to show what we manufactured, what we packed, the materials that were made to go on the pencils, covering lead, plugs, tips, boxes. We showed our shipments, what our average-order-jobs amounted to, what we purchased for and the price. Our factory week began on Friday night and went through Thursday night. In making up the financial
  • 1118 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Frank. There were no women at the factory. I have never seen Mr. Daltou in the factory in my life. Daisy Hopkins waited on the office floor. She left the factory June 6th, 1912, as appears from the time book. Never saw her in the factory after she quit work. On the 26th Saturday in January, Frank remained in the office with me until 5 o'clock to catch my train. I was at the factory last Thanksgiving day. It was very cold and rainy. It was a holiday at the factory. The office boy
  • 1119 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: stop on the platform. Mr. Frank did not know that I had not completed the data sheet (Defendant's Ex. "8") for him before Saturday morning. It usually took Mr. Frank and me about three hours to finish the financial sheet. This is the financial sheet that Mr. Frank made up on Saturday afternoon, April 28th (Defendant's Ex. "2"). It is in his handwriting. I didn't see it at the factory on Friday. First saw it the following week when I got it back from the general manager. It is accurately prepared from the calculations
  • 1120 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 89packed 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 2500 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 other and the wrapper goes around it. The assortment boxes don't take skeletons, the cheaper pencils do. He had to know the
  • 1121 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 90count it as actual cash. On that Saturday, we couldn't have over $30 or $35 in the drawer. Yes, I acquainted Joel Hunter, the accountant, with all the data that goes in the financial sheet and explained it to him in detail, and also Mr. Bidwell. I gave them all the data necessary to make up the sheet. The sheet here headed "Comparison 1912-1913" is 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
  • 1122 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: cinnati, Ohio, received 4-26-13, ship at once." All of these eleven orders are in Mr. Frank's handwriting and he entered them that day. That is the regular book that we keep those orders in (Defendant's Exhibit 12). I have looked at the original orders and compared them with Mr. Frank's entry in the book and they are correct. I have here the original orders from which Mr. Frank made his entries, with the exception of one, which I can't find. They were in Mr. Dorsey's possession for some time. These are the eleven original
  • 1123 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 92do 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 in the back of the room. I said, "What are you doing here?" He says: "I am scared to go out, I would give a million dollars if I was a white man." I is very dark on the ground floor around the elevator. I have never known the doors to Mr. Frank's inner or outer office to be locked. Even if they were you can see
  • 1124 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 93book was on Monday or Tuesday. It takes about an hour or an hour and a quarter to enter those orders on the book. It is true that I testified before the coroner that it wouldn't take over half an hour to make the orders. It takes an hour and a half to do all of the work of transcribing them that you pointed out to me. Acknowledgments are usually made by the person who transcribes the orders and enters them on the requisition. If Mr. Frank didn't make acknowledgments, that would not make
  • 1125 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: it and put it under the head of specialty, that is the head of the classes of goods manufactured that week. You must have the slat record. I haven't got the slat record here. It certainly is different from this. It comes from the cedar mill. The item on the financial sheet "Defendant's Exhibit 2) that he got from the slat record is the item under "Material Cost" -- "Slats 2719½ gross at 22c." That is all he would have to get on the financial sheet with reference to slats. That wouldn't take any
  • 1126 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: else the same way. When we advance a man money it is put down on a slip and entered in an envelope, called "Loan." We don't take a receipt for it. I can show that Frank gave $2.00 to Arthur White and it was deducted. I made the entry in the time book the next week and deducted it the following Saturday. We don't enter it on the cash book or average sheet (Defendant's Exhibit 5) as all in Mr. Frank's handwriting. It begins from January 10, 1911. As a rule Mr. Frank put
  • 1127 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Thanksgiving 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 did that afternoon. I do know that I remained at the factory every Saturday afternoon since I have been there because I have nothing else to do. I paid off, April 25th. I remember Helen Ferguson coming to the window and I paid her. I can tell you the names of many more that I paid off that afternoon. (Witness gives names of eight or ten more he claims
  • 1128 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 97factory. The times was when women came up there and tried to get money toget him out. I have seen these books scattered all over the factory, wholebooks and parts of books. I have seen them since this murder. Both beforeand after. I have seen sheets sometimes. I knew that Jim could write. Ihave given him and the other negroes tablets like (State's Exhibit H).They are kept everywhere in the factory. They would go down in the base-ment and write. I did not talk to Frank on Monday or Tuesday about JimConley's peculiar conduct
  • 1129 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 98RE-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 to make an engagement Friday for Saturday evening and then go off and leave the financial sheet untouched. The pencil factory is three- or four blocks from Montag’s. Some of them are short blocks. Guess it takes three to five minutes to go over there. I have never timed myself. The first time on Monday I observed the peculiar behavior of Conley was between
  • 1130 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 99and entered and how he figured it.) In my opinion it would take a prettyswift man three and a half hours.CROSS EXAMINATION.A man's familiarity with a special class of work will aid materially inmaking it up. If he had had to get up the information which was furnishedme it would take him a good deal longer than it did me, for the informationwas already furnished me. I have allowed for his experience and familiaritywith the business, in the way of saving time, in making my estimate. I havetried to make my figures sufficiently conservative
  • 1131 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 100RE-DIRECT EXAMINATION.In making out this sheet Mr. Frank had to make about 40 multiplications, 160 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 $2.00 was for "what" Mr. Frank loaned him that day and $2.00 loaned him the middle of next week. As to where the entry is that Mr. Frank lent Arthur White $2.00 these slips are not kept after we take it off. After the payroll is made we
  • 1132 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Frank that I would have time to come over there and that I would be over there later. I started over to the factory between 10:30 and 11. I went alone. It takes about five minutes to get over there and I reached there before eleven o'clock. I don't know whether Mr. Frank was there when I got there. I waited in the outer office a few minutes before I started to work. I went in the inner office to get the orders to acknowledge for Mr. Frank. I acknowledged them for Mr. Frank.
  • 1133 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: was I that called Mr. Frank over the telephone. I did not insist on going over there. He insisted on my coming. The acknowledgments consisted of stamping the orders with a number, putting the dates down there and acknowledging them by post cards to the people. Mr. Frank did not leave Montag's with me. He left before I did. He didn't know how long it was going to take me to write those letters. Mr. Montag hadn't finished dictating to me when I talked to him, so he did not wait. While I was
  • 1134 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 108desk. When I was in there he was at work on a pile of letters and thingslike that.RE-DIRECT EXAMINATION.When I was first employed at the factory Mr. Nix said to me, "I willgive $12.50 a week, when the busy season comes up, about the first of August,I will raise it to $15. About the middle of June, I asked him to raise it onthe first of July, but he said, "We will wait until August 1st." At the timeI testified at the coroner's inquest. I had never seen any of the financial sheets.I did
  • 1135 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 104MRS. EMMA CLARKE FREEMAN, Sworn for the Defendant.I married on April 25th. I worked at the pencil factory before that, at the time I was married. I was laid off on April 25 by Mr. Schiff. On the 26th I reached the factory when the bell about 25 minutes to 12. I saw Mr. Frank at his office. He was talking to two men when we went in. Mrs. White and Mr. Frank’s stenographer were also in the office. Mr. Frank gave us permission to go up on the fourth floor to get my
  • 1136 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 105next to Mary's. There is a good deal of water over there by Mr. Quinn's room. Mary's hair was a light kind of sandy color. You could plainly see the dark spots and white spots with it ten or twelve feet away. Helen and Mary were the best of friends and were neighbors. Helen made mention that Mary was not there when we were paid off. I have never noticed any spots around the metal room. That's the first time I had ever seen anything like that.RE-DIRECT EXAMINATION.I have never looked for spots before.
  • 1137 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 106RE-DIRECT EXAMINATION.I went to Mr. Dorsey’s office because he subpoenaed me. I thought I had to obey it. Mr. Starnes and Mr. Campbell and the stenographer were there. All of them asked me questions. I signed a statement about twenty-one pages long. I have seen Jim Conley reading newspapers up on the fourth floor, twice since the murder. It is not unusual to see spots all over the metal room floor.RE-CROSS EXAMINATION.Conley was sitting by the elevator when he was reading those papers, during working hours. The other time he was reading down at
  • 1138 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: She left about two o'clock. She left about two o'clock because we were out of material and she was laid off for the rest of the week. I have never seen Mr. Frank speak to her. I went to the factory on April 26th, to see Mr. Schiff. He was not there. I often go there on Saturdays and holidays. The street doors were open when I got there. I did not see Mary Phagan, nor Jim Conley, nor Monteen Stover. The doors to Mr. Frank's inner and outer office were open. The time
  • 1139 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: reckoned it so positively. I left home I knew at about a quarter to twelve. I looked at my watch. It takes twelve or fifteen minutes to walk to the factory. I got to Wolfheimer's pretty close to 12 o'clock. I was there ten or fifteen minutes.RE-DIRECT EXAMINATION.At the time the detectives and Mr. Dorsey talked to me about the murder, I overlooked the fact that I had been to Wolfheimer's. My wife called my attention to it when I got home. I mentioned this matter to my father and my wife before I
  • 1140 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 109were washing right then. When we came out we saw Mr. Frank at his desk in his office writing. Mr. White borned off from him. He did not look nervous or unusual. You can look down from the landing on the third floor and see whether anything is being put in or taken out of the elevator on the office floor. White and I on the fourth floor could have gone anywhere in the building that day. It was open to us.CROSS EXAMINATION.We were working about 40 feet from the elevator. There were crocus
  • 1141 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 110husband and another man were there. I was working at the Selig's when they come and got me. They tried to get me to say that Mr. Frank would not allow his wife to sleep that night and that he told her to get up and get his gun and let him kill himself, and that she made her get out of bed. They had my husband there to bulldoze me, claiming that I had told him that. I had never told him anything of the kind. I told them right there in Mr.
  • 1142 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 111before I did on April 26th and left the house before I breakfasted. I got back home to dinner about 1:15. My wife and Mrs. Frank were eating then. They told me in the morning to come home a little sooner, that they wanted to go to Grand-Opera that afternoon. We have dinner a little earlier than usual, and I came home a little earlier. Mr. Frank came in after I did, about 1:20. There was nothing unusual about him. No scratches or bruises about him. He sat down to his meal. The ladies
  • 1143 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 112MRS. EMIL SELIG, sworn for the Defendant.I am Mrs. Frank's mother. Mr. and Mrs. Frank have been living with us two years. The sideboard is in the same position it always has been except when we sweep under it. We had lunch on April 26th after 1 o'clock, about ten minutes past one. Mr. Frank came about twenty minutes past one while we were eating. He sat down with us and ate. Mrs. Frank and I left before he did. We left about half past one. He was still eating at the table. After
  • 1144 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 113Sunday. The first that I knew of it was when I saw her name in the paper the next morning. The subject was mentioned at the dinner table on Sunday.RE-DIRECT EXAMINATION.My health is bad and I did not 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 Dodsom Medicine Company as stenographer. My father works for
  • 1145 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 114clock because I had an appointment at a quarter after one. I left Kress' atfive minutes after one and went down Whitehall street to Jacob's corner.Whitehall street was badly crowded. It didn't take me more than a minute ora minute and a half to walk down to the corner. It was only a few steps.There was no one standing between the bank and myself on AlabamaStreet.MRS. A. P. LEVY, Sworn for the Defendant.I live right across the street from where Mr. Frank lives. I am not arelation of his either by blood or marriage.
  • 1146 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 115CROSS EXAMINATION.He had not seen me for several weeks. He didn’t know I was in the city, and when he saw me there on the porch he came over to speak to me. 387 Washington Street is three doors above Glenn Avenue. I saw him take the car at the corner of Glenn and Washington Street.JEROME MICHAEL. Sworn for the Defendant.I live in Athens. I was in Atlanta on April 26th. I took dinner at Mrs. Wolfshiemer’s residence at 387 Washington Street. I saw Mr. Frank upon that day between five minutes to 2
  • 1147 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 116JULIAN LOEB, Sworn for the Defendant.I live at 380 Washington Street, across the street from the Wolfsheimer residence. I am a cousin of Mrs. Frank. I saw Mr. Frank on April 26th in front of the Wolfsheimer residence. I was there when he came by. It was between 1:50 and 2 o’clock. He was talking to Mrs. Michael and Mr. Jerome Michael and was inviting them to attend a meeting of the B’nai B’rith lodge on the next day which was Sunday. He was president of that lodge. He left and walked towards town
  • 1148 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 2:15. As to how I knew that was the time after this matter came up I experimented to see just what time it was I saw him on the car, and I have gone over my movements just as I did them on that day, and the first time I experimented I got to the Capitol five minutes past two, and the second time I got there at eight minutes past two, and the third time exactly at two o'clock. I came very near colliding with the car in front of the capitol, as
  • 1149 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 118wouldn'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 time also before I saw him going into Jacobs'. I am certain of the time I saw him. That was the exact time by the clock. I get $10.00 a week. Last time my salary was raised it was raised in January. There has been no raise since then. I had heard that some of the
  • 1150 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 119seen girls once or twice come in with their fingers mashed come into the toilet room and go to the sink after they had washed their fingers. I don't know when I heard that Mrs. White said that she had seen a negro sitting on the box. I think I read it in the paper sometime that week. The big spot of blood I was talking about was occasioned by the girls whose sickness was on them. I have never seen Mr. Frank or anybody else have anybody down at the office at any
  • 1151 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 120MISS DORA SMALL, Sworn for the Defendant.I worked on the fourth-floor of the pencil factory for five years. I saw Jim Conley on Tuesday. He was getting me to get money from me to buy a newspaper and then he would come and ask me for copies of the paper before I would get through reading them. They were extras. He would even get two of the same edition. He would take it and run over there and sit on a box by the elevator and read it. He can read all right. He
  • 1152 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 121MISS JULIA FUSS, Sworn for the Defendant.I work on the fourth floor of the pencil factory. I have never known anything wrong or immoral to be going on in Mr. Frank's office. I talked with Jim Conley Wednesday morning after the murder. He was sweeping around there and asked me to see the newspaper. As he read it he kinder grinned. He told me he believed Mr. Frank was just as innocent as the angels from Heaven. I know his general character. He was never known to tell the truth. I would not believe
  • 1153 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 122CROSS EXAMINATION.I have been in Mr. Schiff's house about seven years. On Saturdays and holidays Mr. Schiff generally gets up about seven o'clock and goes to the factory when I wake him up. He never gets up unless I wake him. Mr. Schiff told me sometime afterwards he was glad I did not wake him up that day. I know it was eleven o'clock when he called up the second time, because the clock was striking. They didn't say what Mr. Frank wanted him for.ANNIE HIXON (c), Sworn for the Defendant.I am Mrs. Ursenbach's
  • 1154 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 123CROSS EXAMINATION.When Mr. Frank came that morning, he went right on into the office, and was at work there and stayed there. He wasn’t out once. Don’t know how long he stayed out.M. O. NIX, Sworn for the Defendant.I am credit man for Montag Bros. and bookkeeper. I have charge of the bookkeeping and documents and papers of the National Pencil Company. I am familiar with Mr. Frank’s handwriting. These financial sheets beginning with May 22nd, 1912, and ending May 24, 1913 (Defendant’s Exhibit 9), are in Mr. Frank’s handwriting. The eleven items beginning
  • 1155 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 124RE-DIRECT EXAMINATION.I have never seen a letter written by Mr. Frank. The only writing of his that I am familiar with are figures and things like that, pay-rolls, writings in requisitions and words that consists largely of abbreviations.HARRY GOTTHEIMER, Sworn for the Defendant.I am a traveling salesman. I make two trips a year for the National Pencil Company, from the first of February to the first of April, and from the first of September to the fifteenth of October. I was at Montag Bros. around ten o'clock on April 26th. I had come in
  • 1156 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 1258CROSS EXAMINATION.The letter was folded exactly as it is now to the best of my recollection, just in that shape. Mr. Frank has no rich relatives in Brooklyn. That is my son’s handwriting (State’s Exhibit K). It is a photographic copy. There was another paper included in the envelope which that letter came in, some price list, but I didn’t look at it. It had numbers of pencils and prices on it. That letter was read in Hotel McAlpin, in Mr. Moses Frank’s room. As to what relatives Mr. Frank has in Brooklyn, my
  • 1157 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 126him and his wife coming down Washington street opposite the Hebrew Orphans Home. He gave me my rain coat right there, which he had borrowed previously.CROSS EXAMINATION.He and his wife and my wife and myself generally play cards Saturday evening. We were very much interested in bridge and played together often. Mr. and Mrs. Selig's family usually played poker Saturday night. Mr. Frank and his wife never played poker. I am positive I rang Mr. Frank up and asked him to go to the ball game. Mr. Frank called it off about one thirty
  • 1158 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 127say anything about a cord around her neck but said she had a frill of her petticoat around her neck. He mentioned he had paid her off the Saturday before. I don't know that he mentioned the name of the girl at all at that time. He said he had discharged Gantt because he was not honest. I think he said Newt Lee was a good fellow because he knew about him. On Monday night over at Selig's Mr. Frank was there and we had a conversation on the subject. He spoke of having
  • 1159 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 128There was nothing that attracted our attention. I have never known Mr. or Mrs. Frank to play poker. I should say he went to bed about 10.30. His wife followed about fifteen minutes afterwards. I never noticed any marks or bruises about his person.CROSS EXAMINATION.He came in while we were playing to tell us of some joke he had read, and we asked him to desist as it was distracting us from the game. Frank was reading a magazine which caused him considerable merriment and laughter.I. STRAUSS, sworn for the Defendant.I was at the
  • 1160 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 129and stayed about an hour. He talked to me, my stenographer, Miss Hattie Hall, and Mr. Gottheimer, one of the salesmen. Up to about a year ago I went to the factory almost every Saturday afternoon. Mr. Frank would always be working at his desk on the financial sheet. The telephone in my house is about 20 feet from my bed. I didn't hear it ring Sunday morning. My wife was aroused by its ringing and she waked me. The man at the other end asked me if I could identify a girl that
  • 1161 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: had already been to the undertaker's. 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 anything to me about an attorney or about having
  • 1162 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 181CROSS EXAMINATION.I did not haul any for the pencil factory on April 26th. I took a sack of hay there. That was about 7.30... I didn't see Mr. Frank upstairs that time. I did not see Jim Conley at all that day. It may have been as late as 8.30 that I reached the factory that day. The trunk was not there. I was paid sometime before 12 o'clock that day. Some boxes are piled around in there pretty high around the elevator going down there. There are some pretty large ones, four or
  • 1163 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I worked at the factory on Saturday afternoons until 3.30 or four. Mr. Schiff and Mr. Frank would always be working in the office. I have never known him to have any women in there, or see any drinking going on. I would go to dinner about 1 or 1.30. Mr. Frank would go about 12.30 to one and get back about three. I would stay in the inner office all the time. Mr. Schiff sat right across from me in the inner office. I would go to Montag's and stay about ten or
  • 1164 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 138GODFREY WEINKAUF, sworn for the Defendant.I am superintendent of the Pencil Company's lead plant. Beginning withJuly, 1912, up until the first week in January, 1913, I visited the office of thepencil factory every other Saturday, between three and five o'clock. I wouldstay there about two hours. I would find Mr. Holloway, Mr. Frank and Mr.Schiff there. I never saw any women in the office there.CROSS EXAMINATION.I never saw Jim Conley there at the factory on Saturday afternoon. Iam sure I saw Holloway there on Saturday afternoon.CHARLIE LEE, sworn for the Defendant.I am a machinist
  • 1165 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 134ARTHUR PRIDE (c), sworn for the Defendant:-I worked on the second floor of the factory. On Saturdays I work all over the factory, doing anything that is necessary. Beginning with July of last year I have not missed a single Saturday afternoon at the factory. I would work until about half past four. I have never seen any women come up there and see Mr. Frank, or any drinking going on there, or seen Jim Conley sitting and watching the door. The employees used the back stairs leading from the metal room to the
  • 1166 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 186troduced him to Mr. Frank. There isn't a word of truth in that. I have never gone down in the basement with this 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 out of jail. Somebody told a tale on me, that's why I was put in jail. I don't know what they charged me with; they accused me of fornication.RE-DIRECT EXAMINATION.I never was tried. I never
  • 1167 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 136Saturday afternoons, frequently during the past twelve months. I was there while Mr. Schiff was off on his trip. I was up at the office on the Saturday afternoon before Mr. Schiff went away. Mr. Holloway, Mr. Schiff, 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 have always found Mr. Schiff there on Saturday afternoons with the exception of the time when he was off on his trip during January and February. The only specific Saturday
  • 1168 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: HENRY SMITH, sworn for the Defendant.I work at the pencil factory in the metal department. I work with Barrett. He has talked to me about the reward offered in this case. He said it was $4,300, and he thought if anybody was to get it, he was to get it, because he found the blood and hair, and he said he ought to get the first hook at it. He said it six or seven different times.CROSS EXAMINATION.He would come out of the room counting it off on his hands. He did that two
  • 1169 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: JOE STELKER, sworn for the Defendant.I have got charge of the varnishing department at the pencil factory; about sixty people work under me. I saw the spot that Mr. Barrett claimed he had found in front of the young ladies dressing room. It looked like some one had some coloring in a bottle and splashed it on the floor. Chief Beavers asked me to find out whether it was varnish or not. I saw the white stuff on it. It looked like a composition they use on the eyelet machine or face powder. They
  • 1170 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 189in to view the body Mr. Frank was standing outside talking with Mr. Schiff and Mr. Darley. Mr. Frank went in to view the body later on, ten or twenty or thirty minutes later. I was sitting down waiting for the rest of the men while he went there. Zigank was sitting with me. I don't know whether Mr. Frank went in the room to see the body or not. Mr. Frank was nervous when he got there, and when he came out just the same. Just the same expression he has got on
  • 1171 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: - 140 -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.RE-DIRECT 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 note very rapidly. It took him about
  • 1172 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 141the case at all. At the time of the interview with the little girl and thelittle boy they were both in the room with their father. Their father tookme out there.W. D. McWORTH, sworn for the Defendant.I am a Pinkerton detective. I worked for three days on the Frankcase. For three days I took statements from the factory employes and onMay 15th, I made a thorough search of the ground floor. I found near thefront door on the ground floor, stains that might or might not have beenblood. All the radiators in the factory
  • 1173 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 142while Mr. Whitfield and I were back there looking behind the radiator, we found the cord and twine about the radiator. Whitfield was examining the stains when I picked up the envelope which was all rolled up. I found the envelope about three o'clock on May 15, within eight or ten inches of the trap door. The name was written in lead pencil, so far as I know the envelope has not been changed any since I saw it. I did not see any "5" on the envelope. We went out to see Mr.
  • 1174 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: it was occupied by Montag Bros. They used it as a manufacturing plant.The Clarke Woodenware Company subleased part of the first floor from Montag Bros. They used the front door on Montag Bros. in going in there. Wehave not put in any new floor on the second story of the building. I haveknown Mr. Frank four or five years. His character is good.CROSS EXAMINATION.I have come in contact with Mr. Frank in business and I have heard myassociates talk about him. I have seen him twenty or thirty times duringthe past five years. I
  • 1175 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 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 Frank come on up, and stepped off at the firstfloor, and Frank hits Conley a blow on the chest which run him against theelevator; Frank stumbles out of elevator as it nears the second floor, Frank goesand washes his hands, and comes into the private office, and they sit downin the private office, Frank rubbing his hands on the back of his hair;
  • 1176 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 145if you get caught, I will get you out on bond and send you away." Conley: "That is all right, Mr. Frank." (Pause) Frank: "I am going out home; can you come back this evening and do it?" Conley: "Yes, sir, I am coming to get my money." Frank: "Well, I am going home to get my dinner now; you come back here in about forty minutes from now; it is near my dinner hour and I am going home to get my dinner now and be up money. Conley: "How will I get
  • 1177 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 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 like the body would. As to whether it isn't much easier to take the sack as it was
  • 1178 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 147RE-DIRECT EXAMINATION.I wrote that letter as a matter of conscience. It is as follows:- "To theGrand Jury of Fulton County, W-D. Beattie, foreman. Gentlemen: Amonga number of people with whom I have discussed the unfortunate Phagan af-fair, I have found very few who now believe in the guilt of Leo M. Frank, andI have felt a deep conviction growing in my heart that a terrible injusticemight be inflicted upon an innocent man. While we are all mystifiedby the published evidence now at command, I am impelled by a sense of dutyto ask that you
  • 1179 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: RE-CROSS EXAMINATION.On the first of April he had $111.13; on the 18th of April he deposited $15.00. That is all he deposited that month, and these checks were drawn against that $111.13 and $15.00.R. P. BUTLER, sworn for the Defendant.I am the shipping clerk of the pencil company. I am familiar with the doors leading into the metal room. They are wooden doors, with glass windows. There is no trouble looking through those windows into the metal room, even when the doors are closed. The glass in the door is about fifteen inches by
  • 1180 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: shaft to the place where the body of the young lady is said to have beenfound, and 80 feet from the front of the elevator shaft to the trash pile and90 feet from the elevator shaft to the boiler, and 116 feet from the elevatorshaft to the colored people's toilet. It is 50 feet from the elevator to theback stairway. The chute as shown on the page 2 of the plat is five feet wideand 15 or 20 feet long. It empties upon a platform in the basement abouteight or ten feet from the
  • 1181 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 150RE-DIRECT EXAMINATION.There will be no difficulty about one person going down the scuttle hole back of the elevator.RE-CROSS EXAMINATION.If the Washington St. car had passed the nearest corner, it would be at Pulliam and Georgia Avenue.FURTHER EXAMINATION.Sitting near the back door, he could not see the mirror.FURTHER EXAMINATIONI do not know what the arrangement was in the Selig home on April 26.J. Q. ADAMS, sworn for the DefendantI am a photographer. I took photographs of the Selig home at 68 E. Georgia Avenue from the inside and the outside of the back door, looking
  • 1182 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 161shows the place where the cotton sacks were kept. Defendant's exhibit 76 is a view of the plating room. Defendant's exhibit 77 is a view of the metal room showing where the floor was chipped by the detectives in front of the dressing room. On the left is the ladies' dressing room. Defendant's exhibit 78 shows the lathe. Defendant's exhibit 79 is a view from the third floor looking to the second floor. You can see a man walking from the metal room towards the elevator, just as is shown in this picture. Defendant's
  • 1183 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 152side of the table in the dining room, or on the north side of the table, in factyou can not see the table at all, or the door leading from the dining room tothe sitting room. Sitting in a chair against the jamb of the kitchen door, youcould not see a man in that mirror. You would have to be a foot or moreinside of the door before you get any view of the mirror at all.CROSS EXAMINATION.Taking a point between the door and the back porch and a point aboutthe pantry you could
  • 1184 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 158J. R. LEACH, sworn for the Defendant.I am division superintendent of the Ry & Power Co. I know the schedule of the Georgia Avenue line and the Washington St. line. The Georgia Avenue line leaves Broad and Marietta on the hour and every ten minutes. It takes two minutes to go from Broad and Marietta to the corner of Whitehall and Alabama. It takes 12 or 13 minutes to run from Broad and Marietta to the corner of Georgia Avenue and Washington St., about ten minutes from Whitehall and Alabama to Georgia Avenue and
  • 1185 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 1544 1-2 minutes. I walked from the same place in the pencil factory to the corner of Whitehall and Alabama Sts., and it took me three minutes and twenty seconds. I walked from the corner of Hunter and Broad Streets to the same place in the pencil factory and it took me one minute and a half.PROF. GEO. BACHMAN, sworn for the Defendant.- Prof. of Physiology and Physiological Chemistry Atl.-Col. Phys. & Surgeons. Bomar says it takes 4 hours and a half to digest cabbage. That's for the cabbage to pass from the stomach
  • 1186 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 156and the passage from the stomach into the small intestines. The presence of such cabbage would make it very uncertain as to how long 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 water are concerned the acidity of the stomach with reference to hydrochloric acid may go between 40 and 60 degrees, which is the average height of the acidity. With wheat bread
  • 1187 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and nothing has moved out of the stomach, that would show me nothing as to how far digestion had progressed, for starch is found in the stomach from the beginning of digestion until the last particle of bread has passed out of the stomach and that may be three or four hours. Medical men are able to compile tables showing how long it takes to digest cabbage and other things by testing for protein, but not for starch, because proteins are the only substances which combine with the hydrochloric acid and which are digested
  • 1188 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ference with the brain or any pressure on the brain, no doctor could tell that -long after death whether or not the wound would have produced unconsciousness, because the skull may be broken and considerable hemorrhage and de pression occur without any loss of memory. There is no outside physical indication of any sort that a man could find that can tell whether it produced unconsciousness or not. If the body was found 8 or 10 or 12 hours after death, with that wound and some blood appears to have flowed out of the
  • 1189 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: that gives this specimen the chocolate brown color. The next one (Defend-ant's Exhibit 88B) has in it the hot water and the entire vomit and embalm-ing fluid added to it, that is formaldehyde. This cabbage was not well chewed,and looks like it did before it was eaten. She ate it at 5 minutes after 12,and it stayed in her stomach 45 minutes. The next one (Defendant's Ex-hibit 88D) was a man 25 years old. He did not chew his well. He ate it in5 minutes. I took it from his stomach 1 hour and
  • 1190 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 159DR. 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 one, 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 α-gallon of embalming fluid, of which 8 per cent. is formaldehyde and the body was buried and nine or ten days after upon a post mortem examination a cut an
  • 1191 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 160scopic test of the wall of the vagina it was found that some of the small blood vessels had congested blood in them, these facts would not necessarily indicate violence of any kind during life, it being also known that there had been a digital examination by the physician just after death and before embalming, and that the physician performing the post mortem had removed the wall of the vagina with his hand and scissors. Any epithelium can be very easily stripped after death. The digital examination could have stripped it. So could the
  • 1192 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 161RE-DIRECT EXAMINATION.The human tongue could not produce any sign of violence in the vagina.Where there is a skull wound an inch and a half long cutting through thelittle arteries like the wound-described above there would bleed and if the bodylay in one place 30 or 40 minutes there would be bleeding and if the body ispicked up and carried about 40 feet and dropped at another place I wouldexpect to find blood there. Skull wounds bleed very freely, and there wouldbe blood wherever the body was.DR. J. C. OLMS'I'EAD sworn for the Defendant.Practicing physician
  • 1193 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 162vagina removed from the body that the blood vessels are congested, this may be due to menstruation or the natural gravitation of blood to those parts and is not necessarily indicative of violence. Manipulation of the membrane would account for the displacing of the epithelium. The use of embalming fluid would make a diagnosis of rape utterly unreliable. Strangulation might result in a distension of the blood vessels. The entire pelvic vessels are always more or less congested during menstruation. No one could make a digital examination of the vagina of a corpse without
  • 1194 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 183or not. It would be a pure conjecture if he said anything on that subject. Skulls are sometimes fractured without unconsciousness. Each stomach is a law to itself. It is a known fact that some stomachs will digest different substances quicker than others. I don’t think that there is an expert in the world who could form any definite idea of either 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
  • 1195 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 164taken it according to the way the body was lying and the small intestine was clear six feet below the stomach. The stomach was normal, and there was no mucous and every indication was that the digestion was progressing favorably and this cabbage was found with the naked eye in the stomach and unmistakable evidences of undigested starch granules and thirty-two degrees of hydrochloric acid, I say emphatically that no man living in my judgement could say how long that cabbage had been in the stomach. If Mary Phagan was alarmed concerning her surroundings,
  • 1196 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 165never heard of Mr. Frank's kissing girls and playing with their nipples on their breasts. I have never known Mr. Blackstock. I never heard that Mr. Frank would walk into the dressing room when the girls were dressing, nor that he tried to put his arms around Miss Eula Cato and tried to shut the door on her, or going in the dressing room with Lula McDonald and Rachael Prater, nor that Mrs. Pearl Darslon about five years ago threw a monkey wrench at him when he put his hand on her and held
  • 1197 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: has not been masticated thoroughly. They have been swallowed almost whole. Raw cabbage is easier digested than cooked cabbage. Cooked cabbage is the most indigestible form of it. It is the ptyaline in the saliva that acts on the cabbage in the mouth. Action on the carbohydrate part of the cabbage. The carbohydrate digestion ceases after that leaves the mouth until it reaches the small intestines. The only thing that the stomach does is the churning movement by muscular action. As soon as gastric juice of the stomach strikes the cabbage it neutralizes the
  • 1198 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 187the body is disinterred nine days after death. I could not hazard a guesswithin two days of the time. I think I might in two weeks.CROSS EXAMINATION.The amount of digestion in the stomach depends on the amount of mastica-tion in the mouth. If the food is bolted there is no digestion. I am not famil-iar with Dr. Crittendon's table. If he states that boiled cabbage is as easy todigest as raw cabbage he is at issue with the generally accepted authorities.Normal stomachs have certain idiosyncracies. Digestion in normal stomachs issupposed to go along certain
  • 1199 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: RICHARD A. WRIGHT, sworn for the Defendant.I live in Brooklyn, N. Y. I am a consulting engineer, with offices in New York City. I knew Leo Frank four years at Pratt Institute. I also knew him three years at Cornell. His general character is good.HARRY LEWIS, sworn for the defendant.I live in Brooklyn, N. Y. I am a lawyer. I was formerly Assistant District Attorney of Brooklyn. I have known Leo Frank about twelve years. I have been a neighbor of his until he came South. His general character is good.HERBERT LASHER, sworn for
  • 1200 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: .169he was there. I know the characteristics of the boys very well. No, I can not tell what Frank did when he was in the class room.V. H. KRIBGSHABER, sworn for the Defendant.I live in Atlanta. I have known Leo Frank for about three years. His general character is good.CROSS EXAMINATION.I did not come in contact with him frequently. I am a Trustee of the Hebrew Orphans Home and Mr. Frank is also. I met him once a month there. I don't know how long he has been on the Board. I have met
  • 1201 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: MRS. H. GLOGOWSKI, sworn for the Defendant.I keep a boarding house in this city. I have known Mr. Frank more than three years. He and his wife boarded with me for seven months. His character is good.MRS. ADOLPH MONTAG, sworn for the Defendant.I am a sister of Mr. Sig Montag. I have known Mr. Frank five years. His character is very good.CROSS EXAMINATION.I have heard of his character through the ladies he has lived with. Mrs. Meyers has told me how nice he always was to her. My husband has always spoken well of
  • 1202 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: MISS EULA MAY FLOWERS, sworn for the Defendant.I work on the second floor of the pencil factory. I have known Mr. Frank for three years. His general character is good. I have known Conley for two years. His general character for truth and veracity is bad.CROSS EXAMINATION.His borrowing money and not paying it back is one thing. He has promised and he has never paid back anything he has ever borrowed from me. I had Mr. Gantt take it out of his envelope. I have never met Mr. Frank anywhere for any immoral purpose.MISS
  • 1203 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 172MISS IRENE JACKSON, sworn for the Defendant.I worked at the pencil factory for three years. So-far as I know Mr. Frank's character was very well. I don't know anything about him. He never said anything to me. I have never met Mr. Frank at any time for any immoral purpose.CROSS EXAMINATION.I am the daughter of County Policeman Jackson. I never heard the girls say anything about him, except that they seemed to be afraid of him. They never would notice him at all. They would go to work when they saw him coming. Miss
  • 1204 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 173My sister quit at the factory before Christmas.- I have never flirted with anybody out of the window. I have heard them say that they didn't want the girls to flirt around the factory. I have heard Mr. Frank say that to Miss McClellan, after she told him that she had seen some of the girls flirting.MISS BESSIE FLEMING, sworn for the Defendant.I worked as stenographer at Mr. Frank's office from April, 1911, to December, 1911. Mr. Frank's character was unusually good.CROSS EXAMINATION.I am just talking about my personal relations with him. I have
  • 1205 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 174MISS IRENE CARSON, sworn for the Defendant.I worked for fifteen months on the fourth floor of the pencil factory. I have known Mr. Frank during that time. His character is good. I am a sister of Miss Rebecca Carson, and a daughter of Mrs. E. H. Carson. I was with my sister on Whitehall Street on April 26th and recollect seeing Mr. Frank there. I have never met Mr. Frank at any time or place for any immoral purpose.MRS. J. J. WARDLAW, sworn for the Defendant.I worked at the pencil factory four years. I
  • 1206 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 175the happiest days of 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
  • 1207 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 176by the name of Wright, who had helped us out as a clerk in the office during the past week, came in and I paid him in cash, as Mr. Schiff, I found, neglected to put his name on the pay-roll. I just made out a ticket for the amount of money he drew and put it in the cash box and charged it to the cash box and not to the pay-roll. At a quarter to six, part of the help took place, Mr. Schiff taking all the envelopes that were due the
  • 1208 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: through the factory without stopping, easily, quickly and economically manu-factured. On Friday evening, I got home at about 6:30, had my supper,washed up, then went with my wife to the residence of her uncle, Mr. CarlWolfsheimer, on Washington Street, where up my wife and Mr. Wolfsheimer andhis wife and myself played a game of cards, bridge for the balance of theevening. My wife and I returned home and retired at about eleven-o'clock.On Saturday April 26th, I rose between seven and seven thirty and leisurelywashed and dressed, had my breakfast, caught a Washington-Street or GeorgiaAvenue
  • 1209 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 178exasperates a customer more than to receive invoices that are incorrect; moreover, on this morning, this operation of this work took me longer than it usually takes an ordinary person to complete the checking of the invoices, because usually one calls out and another checks, but I did this work all by myself that morning, and as I went over these invoices, I noticed that, Miss Eubanks, the day before, had evidently sacrificed accuracy to speed, and every one of them was wrong, so I had to go alone over the whole invoice, and
  • 1210 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 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 is that on their orders, you must state whether or not it is complete, the number of the store, and by which railroad
  • 1211 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: with me in a folder, and put on my hat and coat and went to the outer office, when I found that Mr. Lyons had already left. Mr. Darley left with me, about 9.35 or 9.40, and we passed in front of the factory, and stopped at the corner of Hunter and Forsyth Streets, where we had a drink at Cruickshank's soda water fount,-where I bought a package of Favorite cigarettes, and after we had our drink, we conversed together there for some time, and I lighted a cigarette and told him good-bye, as
  • 1212 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: It was about this time that I heard the elevator motor start up and the circular saw in the carpenter shop, which is right next to it, running. I heard it saw through some boards, which I supposed was the work that Mr. Holloway had referred to. I separated the orders from the letters which required answers, and took the other material, the other printed matter that didn't need immediate attention. I put that in various trays, and I think it was about this time that I concluded I would look and see how
  • 1213 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 182sent us to be tried out, a circular knife, one to J. B. McCrory, Five & Ten Cent Syndicate, one to the Pullman Company, of Chicago, Ill., in reference to their special imprint pencils, which they were asking us to ship as soon as possible, one to A. J. Sassener, another die maker, two letters are copies of the ones I dictated that morning; I signed these letters, and while I was signing, as Miss Hall brought these letters in to be signed, I gave her the orders (Defendant's Exhibit 14 to 24) which
  • 1214 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 183one in Buffalo, one in Boston, one in New York, there is one at Wilkesbarre, one at St. Louis, one at Chicago, and one in San Francisco. Now, this order, by looking at it, I can tell, because I have no reason to look into and know the system of orders used by this syndicate, and I most assuredly have to know it, you notice Chicago, Ill., 4-23, down here, and also store No. 585 (Defendant's Exhibit 28), the Woolworth Company 347 E. Main St. here again is DeKalb, Ill. In other words, DeKalb,
  • 1215 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: here, too, the next column shows to whom the goods are to be shipped; of course that is not very difficult to figure out, it is just a mere copy. The store numbers are put down in case that store have numbers, and then one must look over the order; I notice that one of the orders is one to R. E. Kendall (Defendant's Exhibit 34), 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
  • 1216 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: of your high priced goods as possible and as few of your cheap goods, and therefore, if you know how many of the cheap goods and how many of the better grade of goods you are selling, it serves as a barometer on the class of goods that is being sold. You can see that this job takes quite a little figuring and quite a little judgment.After finishing that work, I went on to the transcription of these orders—to these requisitions (Defendant's Exhibit 25 to 35), and notwithstanding an answer that has been made,
  • 1217 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: She had left the plant hardly five minutes when Lemmie Quinn, theforeman of the plant, came in and told me that I could not keep him awayfrom the factory, even though it was a holiday; at which I smiled and kepton working. He first asked me if Leo Frank had come down and I told himhe had not and he turned around and left. I continued work until I finishedthis work and these requisitions and I looked at my watch and noticed thatit was a quarter to one. I called my home up on
  • 1218 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: law to tell him that on account of some work I had to do at the factory, Iwould be unable to go with him, he having invited me to go with him out tothe ball game. I succeeded in getting my niece and his cook answeredthe phone and told me that Mr. Unsensbach had not come back home. Itold her to give him a message for me, that I would be unable to go withhim. I turned around and continued eating my lunch, and after a few min-utes my wife and mother-in-law finished their
  • 1219 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: when I happened to go out to the lavatory and on returning to the office, the door pointed out directly in front, I noticed Newt Lee, the watchman, coming from towards the head of the stairs, coming towards me. I looked at the clock and told him the night before to come on at 4 o'clock for I expected to go to the base ball game. At that time Newt Lee came along and greeted me and offered me a banana out of a yellow bag which he carried, which I presume contained bananas;
  • 1220 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 189duction for April 18th, 19th, 22nd and 23rd, but he had omitted the entry for the 24th, and the 24th not being there, of course it was not totaled or headed, so it became necessary to look in this bunch of daily reports (Defendant's Exhibit 4a, 4b, 4c, 4d) which was filled in every day by the packing forelady, sort out the various pencils used on there, and place them in their proper places. Before proceeding further on that, I want to call your attention to the fact that we use this sheet (Defendant's
  • 1221 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: for which we get less money, of course, than for the first. You see that Fannie A (Defendant's Exhibit 4B), that is Fannie Atherton. That is the job department. Now, I took each of those job sheets (Defendant's Exhibit 4B) and separated them from the rest of those sheets, finding out how many jobs of the various kinds were packed that day. Now, this sheet (Defendant's Exhibit 3) shows that there were 11 different kinds of jobs packed that day. Each of them, you will notice, had a different price. That is the number
  • 1222 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Georgia - Supreme CourtSupreme Court Case FileLeo Frank v. The StateDue 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 141Ga243 Bill of Exceptions-or Enumeration of Errors Brief of Evidence Record of caseOct. 14, 1914 Second Appeal 142Ga617 Brief of Evidence, original and amended Record of case including copy of first appealNov. 14, 1914 Third Appeal 142Ga741Record Group Georgia Supreme Court 92Sub-Group Office of
  • 1223 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Secretary of State214 State CapitolAtlanta30334Ben W. Fortson, Jr.Secretary of StateAnn L. AddisonAssistant Secretary of State(404) 656-2881DEPARTMENT OFARCHIVES AND HISTORY330 Capitol Avenue, S.E.Atlanta, Georgia 30334MISS CARROLL HART, DIRECTOR(404) 656-2838INFORMATION (404) 656-2382CERTIFICATE OF AUTHENTICITYThis is to certify that the microphotographs appearing on this reel are the accurate, complete and official reproductions listed on the target (title) sheet preceding each volume or series of records.As reproduced by the Microfilm Laboratory of the Department of Archives and History, under the direction and jurisdiction of Ben W. Fortson, Jr., Secretary of State.It is further certified that the microphotographic processes
  • 1224 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: TO BE CONTINUED
  • 1225 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: REEL 6. 39 11NO.
  • 1226 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: FOR PHOTOGRAPHERS AND LABORATORY USE ONLYFilm this "TEST PATTERN" as the beginning of each volume or book of paper 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 phonotype.Film ce "MODELE TEST" au commencement de livre, volume ou paquet que l'on microfilme, après chaque "volume" et "à suivre" (à suivre). Center et filmer à la réduction utilisée. Inserer la réduction et l'exposition ("Red" et "Exp") avec phonotype.Film diese "Prüf-Muster" (Test-Pattern) zum Beginn jedes Buches, Bandes
  • 1227 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: FOR PHOTOGRAPHERS AND LABORATORY USE ONLYFilm this "TEST PATTERN" at the beginning of the book, volume or papers being microfilmed, after each 100 exposures and at the end. 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 paquets que l'on est en train de microfilmer, après chaque 100 expositions et à la fin. Centrer le film sur la réduction utilisée. Insérer la réduction et l'exposition ("Red", "Exp") avec la photocopie.Filme dieses "Prüf-Muster" (Test-Pattern) zum
  • 1228 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Georgia - Supreme CourtSupreme Court Case FileLeo 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 assist to researchers.Feb. 17, 1914 First Appeal 14264243Brief of Evidence or Enumeration of ErrorsRecord of caseOct. 14, 1914 Second Appeal 14264617Brief of Evidence, original and amendedRecord of case, including copy of first appealNov. 14, 1914 Third Appeal 14267474Record Group Georgia Supreme Court 92Sub-Group Office of Clerk of Supreme Court 1Series
  • 1229 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: CONTINUED
  • 1230 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 189duction for April 18th, 19th, 22nd and 23rd, but he had omitted the entry for the 24th, and the 24th not being there, of course it was not totaled or headed, so it became necessary to look in this bunch of daily reports (Defendant's Exhibit 4a, 4b, 4c, 4d,) which was handed in, and then place them in, forelady, sort out the various pencils noted on there, and place them in their proper places. Before proceeding further on that, I want to call your attention to the fact that we use this sheet (Defendant's
  • 1231 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 180for which we get less money, of course, than for the first. You see that Fannie A (Defendant's Exhibit 4B), that is Fannie Atherton. That is in the job department. Now, I took each of those job sheets (Defendant's Exhibit 4B) and separated them from the rest of those sheets, finding out how many jobs of the various kinds were packed that week. Now, this sheet (Defendant's Exhibit 3) shows that there were 12 different kinds of jobs packed that day. Each of them, you will notice, has a different price. That is the
  • 1232 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 19118th of April, 562 gross the 2nd day, which was Saturday, a half day, the 19th of April, 784 gross on Monday, which was April 21st; 1322 gross (that was an exceptional day) were shipped on Tuesday April 22nd; 572 gross shipped on Wednesday, April 23rd, and 957 gross, which is a very large day, shipped on April 24th, a total of 4374 gross. Now, there is another little slip of paper (Defendant's Exhibit 4AA) here that reads on one of the most complicated calculations of this entire financial, and I will explain it.
  • 1233 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 19118th of April, 562 gross the 2nd day, which was Saturday, a half day, the19th of April; 784 gross on Monday, which was April 21st; 1232 gross (thatwas an exceptional day) were shipped on Tuesday April 22nd; 672 grossshipped on Wednesday, April 23rd, and 957 gross shipped on Thursday, a very large day,shipped on April 24th, a total of 4374 gross. Now, there is another littleslip of paper (Defendant's Exhibit 4AA) here that shows one of the mostcomplicated calculations in the entire financial, and I will explain it. Itshows the repack, and I notice
  • 1234 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: from day to day. Now, I have very few clerks at Forsyth Street, or any-where else, for that matter, who could make out this sheet (Defendant's Ex-hibit 2) successfully and accurately. It involves a great deal of work andone has to exercise exceptional care and accuracy in making it out. Younotice that the gross production here (Defendant's Exhibit 2) is 2765%. Thatgives the net production. The gross production is nothing more than theaddition, the total addition, the proven addition of those sheets containingthe pencils packed. This other little sheet (Defendant's Exhibit 7A) behindhere represents
  • 1235 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: can arrive at the proper figure. The same way to find the good lead and the cheap lead, the large lead and the copying lead; that operation had to be gone through in detail with each and every one of those, and the same with each of the boxes, and that is a tough job. Some of them come packed in one gross boxes and some in half-gross boxes, and, as I say, we have a display box, and there are pencils that are put in individual boxes, and we have to go through
  • 1236 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I took out from this job sheet (Defendant's Exhibit 8), the correct amount of gross packed—791 as figured there—correct value $396.76, as shown on this sheet, and the average is the same, that I didn't carry out to two decimal places; I didn't carry it to the cent. Then from the pay-roll book I got the pay-roll for Forsyth Street and Hunter Street, and then as a separate item took out from the pay-roll book the amount for the machine shop, which that week was $70.00. The shipments (Defendant's Exhibit 6), were figured for
  • 1237 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 196line there, and certain printing on it, is due to me, because I got this sheetup myself. On one side you notice "Expense," and two main headings "Ex-pense," "Materials." Together they comprise the expense for the week.On the other side, like the debit and credit side of a ledger, is the "Value,""Gross Value" of the goods, which have been packed up during a givenweek. Down here below you will notice "Less Repacked." You rememberthe repacked, that I told you about, the pencils taken out of stock and re-packed to make them move better. That
  • 1238 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The material is arrived at on the basis, gross, net. The gross basis is the total amount of pencils packed, as per the packing reports handed in by Miss Bula May Flowers, and the net basis is the total amount, total gross, packed by report of Miss Eula May Flowers less the amount of repacked, of which I have spoken. In this case the gross amount was 2,651 gross, net 2,380 1-2 gross, the smaller being the net figure. The slats are figured at 22 cents per gross, and that's simply taking the 2,380
  • 1239 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 197of 10 gross. Then we look on down this pencil sheet, cut down each and every one of the items accordingly—you will notice in some places I marked some items, "142 1-2 9-10-X"—and so on down the sheet. In this case there were 20 or 30 different items, all of which had to have the prices correctly traced down, extensions correctly made, marked, re-checked, added up, and totaled, and checked back, and the pack had to be deducted, after which the 12 per cent. had to be figured out, and deducted, giving the net
  • 1240 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I always make out and mail to Mr. Oscar Pappenheimer (Defendant's Exhibit 46), who was formerly a member of the Board of Directors, though he is not now. The other signed Defendant's Exhibit 48. I always invariably sent to my uncle, Mr. M. M. Frank, no matter where he is, who is president of the company. On this particular Saturday, my uncle had during the week ending April 26th, gone to New York, stopping at Hotel McAlpin, preparatory to taking his annual trip abroad for his health, he being a sick, feebl old man.
  • 1241 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 199stacks of a dollar. I did that, stacked them up, checked them, and re-checked them, and I took a piece of paper—haven't that paper—and jotted down the amounts. To that had to be added the amount that we had paid. In this case there was only one loan, that which I loaned to Mr. White that afternoon. That would eventually come back to the cash box. If there had been any errors in the payroll the night previous, I would have had to make it good from the cash box, and it would have
  • 1242 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: gas' department, foreman on the third floor, 85 cents for the payment of a very small bill to King Hardware Company, $11.50 to a tinsmith for a small job he had done, 5 cents for thread, and ten cents for a knife one item. Then this young man, Harold Wright, of whom I spoke, got his pay from the payroll. I added this up, and that was $39.31, and transferred it from here (Defendant's Exhibit 41) to there (Defendant's Exhibit 40). I then made the balance in the usual way, checking it against the
  • 1243 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: pair and tan pair, in the shipping room. I told Newt Lee it would be alright to pass Gantt in, and Gantt went in. Newt Lee closed the door; looking it after him — I heard the bolt turn in the door. I then walked down Pryor Street to Alabama; down Alabama to Broad Street, where I purchased 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 Jacobs Whitehall and Alabama. Street store, where I went in
  • 1244 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 202should come for me in the automobile, when the automobile drove up, the bell rang and my wife went down stairs to answer the door. She had on,—just had a night dress with a robe over it. I followed her down. I wife—I wasn't completely dressed at that time,—didn't have my collar or tie on, and as soon as I could get together,—get my trousers and shirt on,—I went down stairs—followed my wife in a minute or two. I asked them what the trouble was, and the man who I afterwards found out was
  • 1245 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: body, I identified that little girl as the one that had been up shortly after noon the day previous and got her money from me. We then left the undertaking establishment, got in the automobile and rode over to the pencil factory. Just as we arrived opposite the pencil factory, I saw Mr. Darley going into the front door of the pencil factory with another man, whose name I didn't know; we went up to the second floor, the office floor. I went into the inner office, hung up my hat, and in the
  • 1246 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 204ment, we all went back upstairs and Mr. Darley and myself got some cords and some nails and a hammer and went down the basement again to lock up the back door, so that we could seal the door from the back and nobody would enter. After returning upstairs, Mr. Darley and myself accompanied Chief Lanford on a tour of inspection through the three upper floors of the factory, to the second floor, to the third floor and to the fourth floor, we looked into each bin, and each partition, and each dressing room
  • 1247 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: slip in the clock, we all went out of the factory and went downstairs and locked the door, and I was going to go down to the office, to police headquarters, because the officers said they wanted to show me some notes which they said were found near the body of the little padlock and staple which they showed me had been withdrawn, and which they said had been taken down to the station the first time they had Newt Lee down there.Now, gentlemen, I have heard a great deal, and so have you,
  • 1248 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: sation with him, I returned to my home at about a quarter to eleven, my home was 68 E. Georgia Avenue; I washed up and had my breakfast in company with my wife, in the dining room, and while I was eating breakfast, I told my wife of the experience I had had that morning. After I finished my breakfast, I left the house and went around to the home of Mr. Wolfsheimer, and at Mrs. Wolfsheimer's house we found quite a company of people, and the conversation turned largely on what I had
  • 1249 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 207into another room, and I presume they brought Newt Lee up from the cell, so he could talk to him. After Newt Lee was gone, the detectives showed us the two notes and the pad back with still a few unused leaves to it, and the pencil that they claimed they had found down in the basement near the body. Of course, Mr. Schiff and myself looked at those notes and tried to decipher them, but they were written exceedingly dim, and were very rambling and incoherent, and neither of us could recognize the
  • 1250 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and I stopped and-discussed it with them, and I was about to leave them when Henry Bauer came along in his automobile and stopped where I was and he asked me what I knew about it, and I had to stop and talk with him; and I finally got loose from him and went over to the home of Mr. Ursenbach on the corner of Pulliam and Washington. The child when I arrived there, I found Mr. and Mrs. A. D. Marcus, Mr. and Mrs. Charlie Ursenbach, and my wife, and a little later
  • 1251 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 209Chief Lanford wanted to ask you a few questions about it," and I said:"What did Newt Lee say;" "Well, Chief Lanford will tell you when youget down there." Well, I didn't say anything more to him right alongwith him, and when I got down to police headquarters, I sat in one of theouter offices that the detectives use, it wasn't the office of Chief Lanford, hehadn't come down yet, that was about between 8 and 8:30 when I got downthere. Well, I waited around the office possibly an hour, chatting and talkingto the officers
  • 1252 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 210parently having a sort of conversation, and I overheard Mr. Rosser say: "Why, 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 underclothing and my top shirt and my body. I bared it to them all that came within the range of their vision. I had everything
  • 1253 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: loway was out in his place in the hall, and Mr. Stelker and Mr. Quinn and Mr. Ziganke, these foremen were sitting around there because work had shut down there, as they told me, due to the fact that the plant was wholly demoralized, the girls were running into hysterics, they couldn't stick to their work, they were crying and going on over what had happened there. I spoke to the boys who were there in the office about the happenings of that morning, of course, at more or less length. Then Mr. Quinn
  • 1254 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: posed largely of soap and oil, and that floor, by actual experiment, is covered to a thickness varying from a quarter to a half inch, that is, you can scrape away that much before you get down to the natural color of the wood; moreover, on top-of-that-grease-soaked-floor-the-dirt more or less-and then somebody comes along with a water sprinkler and sprinkles it to sweep it up, and they go over the top of that; it don't sink into the floor, and the result is there is coat after coat of grease and dirt on that
  • 1255 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: stated that I was being detained at headquarters, it would be best to let myuncle, who was ill, and who is an elderly man, being over 70 years of age,and who was on the point of taking a trip to Europe, and I didn't want himto be unnecessarily alarmed by seeing in the papers that I was detained, andI wrote a telegram to Mr. Adolph Montag informing him that I was no longerin custody, that I was all right, and that he could communicate that to myuncle. That was so that my uncle should
  • 1256 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Mr. Montag to find out if those rates were satisfactory. He phoned back the answer that he would engage them for a few days at any rate. Mr. Scott then said: "Well, I don't need anything else and he says "The Pinkertons in this case, according to their usual custom in ferreting out the perpetrator of this crime will work hand in hand with the city officers." I said: "All right, that suits me." And he went on his way. About that time my father-in-law joined the group over in front of the factory
  • 1257 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and my arms. I suppose he was trying to hunt when 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. He was talking with Chief Beavers he came over to me and said 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 a cell, you can engage a supernumerary
  • 1258 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 216Black says: "Now put it strong to him, and tell him to cough up and tell all he knows about him that you are here and that he is here and that he better open up and tell all he knows about happenings at the Pencil Factory that Saturday night, or you will both go to hell." Those were the detective's exact words. I told Mr. Black I caught his meaning, and in a few minutes afterwards Detective Starnes brought up Newt Lee from the cell room. They put Newt Lee into a room
  • 1259 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 217-night was the time they chose to talk to me, but even at such an outlandish hour I was still willing to help them, and at the investigation I spoke to Newt Lee alone, but what was the result? They commenced and they grilled that poor negro and put words into his mouth that I never said, and twisted not alone the English, but distorted my meaning. I just decided then and there that if that was the line of conduct they were going to pursue I would wash my hands of them. I
  • 1260 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 218prove it. The nigger says he can't write and we feel that he can write." I said: "I know he can write, I have read many notes from him asking me to loan him money. I have received from him many notes from him not to know that he can write. In other words, I have received notes signed with his name, purporting to have been written by him, though I have never seen him to this date use a pencil." I thought awhile and then I says: "Now, I tell you; if you
  • 1261 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the fourth floor is a mere room in which the girls change their outer clothing. There was no bath or toilet in that room, and the two windows opening onto the street. There was no lock on the door, and 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
  • 1262 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: CROSS EXAMINATION.I work at Jacobs' Pharmacy. My sister used to work 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.MISSES ANNIE OSBORNE, REBECCA CARSON, MAUDE WRIGHT and MRS. ELLA THOMAS all sworn for the Defendant, testified that they were employees of the National Pencil Company; that Mr. Frank's general character was good; that Conley's general character for truth and veracity was bad and that they would not believe him on oath.MISSES MOLLIE BLAIR, ETHEL STEWART, CORA
  • 1263 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: MRS. M. W. CARSON, MARY PIRKERS, DORA SMALL, MISS JULIA FUSS, R. P. BUTLER, JOE STELKER, all sworn for the defendant, testified that they were employees of the National Pencil Company; that they knew Leo M. Frank and that his general character is good.-EVIDENCE IN REBUTTAL FOR STATE.-J. R. FLOYD, R. M. GODDARD, A. L. GODDARD, N. J. BALLARD, HENRY CARE, J. S. RICE, LEW SMITH, all sworn for the State, testified that they knew Daisy Hopkins; that her general character for truth and veracity was bad and that they would not believe her
  • 1264 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 222ployed at the National Pencil Company, and worked at the factory for a period varying from three days to three and a half years; that Leo M. Frank's character for lasciviousness was bad.MISS MAMIE KITCHENS, sworn for the State in rebuttal.I have worked at the National Pencil Company two years. I am on the fourth floor. I have not been called by the defense. Miss Jones and Miss Howard have also not been called by the defense to testify. I was in the dressing room with Miss Irene Jackson when she was undressed. Mr.
  • 1265 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 228MISS MYRTICE CATO, MISS MAGGIE GRIFFIN, both sworn for the State, testified that they had seen Miss Rebecca Carson go into the ladies dressing room on the fourth floor with Leo M. Frank two or three times during working hours; that there were other ladies working on the fourth floor at the time this happened.J. E. DUFFY, sworn for the State in rebuttal.I worked at the National Pencil Company. I was hurt there in the metal department. I was cut on my forefingers on the left hand. That is the cut right around there
  • 1266 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 224in there. I don't remember who called her Mary Phagan, a young man on the fourth floor told me her name was Mary Phagan. I don't know who he was. I didn't know anybody in the factory. I can't describe any of the girls. I don't know a single one in the factory.W. P. MERK, sworn for the State in rebuttal.I have been a motorman for about three years, in the employ of the Georgia Railway & Electric Company. I know Daisy Hopkins. I have met her at the corner of Whitehall and Alabama,
  • 1267 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: you would not let her go because you would get in bad with the detectives, and you advised me to take out a habeas corpus, which I did. The detectives said they couldn't let her go without your consent. You said you didn't have anything to do with locking her up. You said 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
  • 1268 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: about the payment of the cook. I don't remember what questions I asked her at that time, I was her attorney. I didn't go down there to examine her; I went there to get her out. She and Campbell were in and out of the room during the time. Mr. Starnes and I sat on the outside part of the time. I don't know who was in the room and who was not while I was outside.ALBERT McKNIGHT, sworn for the State in rebuttal.This sideboard (defendant's exhibit 63) sets more this way than it
  • 1269 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 227her as a witness. I was in Mr. Dorsey's office only one time about this matter, the same morning I started out to see if I could get her and I went to see Mr. Dorsey about getting her out. Her husband had her either out of jail and I went to see Mr. Dorsey about getting her out with the first she denied it. I questioned her for something like two hours. I didn't know she had already made a statement about the truth of the transaction. Mr. Dorsey didn't read it to
  • 1270 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: she had with us. She didn't say anything with reference to Mrs. Frank having stated anything to her mother on Sunday morning. The affidavit does not contain anything that she did not state 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
  • 1271 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 2290CROSS EXAMINATION.Dr. Harris' reply is not entered on the minutes. The reply of the Board to the charges is on the minutes.J. H. HENDRICKS, sworn for the State in rebuttal.I am a motorman for the Georgia Railway & Electric Company. On April 26 I was running a street car on the Marietta line to the Stock Yards on Decatur St. I couldn't say what time we got to-town on April 26, about noon. I have no cause to remember that day. The English Avenue car, with Matthews and Hollis has gotten to town prior
  • 1272 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 230ton and Forsyth St. exactly twelve o'clock as I went straight on down there.It took me three or four minutes to go there.CROSS EXAMINATION.I know what time it was because I looked at my watch. First time Itold it was a week ago last Saturday, when I told an officer. I didn't tell itbecause I didn't want to have anything to do with it. I didn't consider itas a matter of importance until I saw the statement of the motorman of thecar she came in on, and I knew that was wrong. She was
  • 1273 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 23112:07 1-2. I have been on his car when the cut off the Fair St. car. Fair St.car is due at 12:05. I have compared watches with him. They vary from 20to 40 seconds. We are supposed to earn our right time. I have calledMatthews attention to running ahead of schedule once or twice. They comein ahead of time on relief time for supper and dinner.CROSS EXAMINATION.I don't know anything about his coming on April 26th. We found out hewas ahead of time way along last March. He was a minute and a half
  • 1274 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I 232ahead. I know Matthews, the motorman. I have ridden in with him when he was ahead of time several times.CROSS EXAMINATION.It is against the rules to come in ahead of time, and also to come in behind time. They punish you for either one.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
  • 1275 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 283negro coming from a dark alley way, and I asked him for the office and he told me to go to the second floor and turn to the right. I saw Conley this morning. I am not positive that he is the man. He looked to be about the same size. When I went to the office the stenographer was in the outer office. Mr. Frank was in the inner office sitting at his desk. I went there to get my step-son's money.E. K. GRAHAM, sworn for the State in rebuttal.I was at the
  • 1276 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: HARRY SCOTT, sworn for the State in rebuttal.I picked up cord in the basement when I went through there with Mr. Frank. Lee's shirt had no color on it, except blood that of blood. I got the information as to Conley's being able to write from MoWorth when I returned to Atlanta. As to the conversation Black and I had, with Mr. Frank about Darley, Mr. Frank said Darley was the soul of honor and that we had the wrong man; that there was no use in inquiring about Darley and he knew Darley
  • 1277 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I was ten feet from the woman. I didn’t notice very particularly: I did not speak to them.W. T. HOLLIS, sworn for the State in rebuttal.Mr. Reed rides out with me every morning. I don’t remember talking to J. D. Reed on Monday April 29, and telling him that George Epps and Mary Phagan were 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 in rebuttal.Mr. Hollis told
  • 1278 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: from Dorsey's office and put her in a patrol wagon. I expect Mr. Dorsey knew we were going to lock her up, but he did not tell us to do it. No, he didn't disapprove of it. I didn't know anything about her having made a previous statement to Mr. Dorsey. I think Mr. Dorsey said she had made such a statement. I saw her the next day in the station house. She didn't scream after leaving Dorsey's office until she reached the sidewalk. And then she commenced hollering and carrying on that she
  • 1279 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 237CROSS EXAMINATION.The bruises on the head, the evidence of strangulation and other injuries about the head are other possible factors which must be taken into consideration. Anything which disturbs the circulation of the blood, or hinders the action of the nerves controlling the stomach, especially the secretion, prevents the development of the characteristics found in normal digestion one hour after a meal. I mean by mechanical condition of the stomach, no change in the size or thickness, or opening into the intestines, or size or thickness of intestines. The test should be made with
  • 1280 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: RE-DIRECT EXAMINATION,288160 cubic cc. of liquid in the stomach taken out nine days afterwards would be a little in excess of what I would consider normal under the conditions already named.DR. GEORGE 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
  • 1281 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: There are idiosyncracies in a normal stomach, and where they are too marked I would not consider that a normal stomach. I wouldn't say that there is a mechanical rule where you can measure the digestive power of every stomach for every kind of food. There is a set time for every stomach to digest every kind of food within fairly regular limits, that is, a healthy stomach. There is a fairly mixed standard. There is no great amount of variation between healthy stomachs. I can't answer for how long it takes cabbage to
  • 1282 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: tion stops until the contents get out in the intestines and become alkaline in reaction; then the starch digestion is continued on beyond. The alfactories act as a stimulant to the salivary glands.240DR. JOHN FUNK, sworn for the State in rebuttal.I am professor of pathology and bacteriologist—I was shown by Dr. Harris sections from the vaginal wall of Mary Phagan, sections taken near the skin surface. I didn't see sections from the stomach or the contents. These sections showed that the epithelium wall was torn off at points immediately beneath that covering in the
  • 1283 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 241choloric acid of thirty-two degrees, the emptiness of the small intestine, the presence of starch granules, and the absence of free hydrochloric acid, one can't say positively, but it is reasonable to assume that digestion had progressed probably an hour, maybe a little more, maybe a little less.CROSS EXAMINATIONDr. Dorsey asked me to examine the sections of the vaginal wall last Saturday. The sections I examined were about a quarter of an inch wide and three-quarters of an inch long. It was about nine-twenty-five thousandths of an inch thick, that is, much thinner than
  • 1284 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 242MISS C. S. HAAS, sworn for the Defendant, in sur-rebuttal.I heard Kendley two weeks ago talk with the Frank case so loud that the entire street car heard it. He said that the substantial evidence was the best kind of evidence to convict a man on, and if there was any doubt, the State should be given the benefit of it, and that 90 per cent. of the best people in the city, including himself, thought that Frank was guilty and ought to hang.N. SINKOVITZ, sworn for the Defendant, in sur-rebuttal.I am a pawnbroker.
  • 1285 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Slide context to be added soon
  • 1286 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: STATE'S EXHIBIT B.Frank's statement made before N. A. Lanford, Chief of Detectives, on Monday morning, April 28, 1913, this statement being unsigned:-"I am general superintendent and director of the National Pencil Company, in Atlanta. I have held that position since August 10, 1908. My place of business is at 37 to 41 S Forsyth St. We have about 107 employees in that plant, male and female. I guess there are a few more girls than boys. Saturday, April 26th, was a holiday with our company and the factory was shut down. There were several
  • 1287 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I was looking for to come in, and that was the night watchman. He got there at 20 minutes to four. I had previously arranged with him to get there. On Friday night I told him, after he got his money, to give him the keys and I said, 'You had better come around early to-morrow because I may go to the ball game,' and he came early because of that fact; I told him to come early and he came 20 minutes to 4. I figured that I could leave about 1 o'clock
  • 1288 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: STATE'S EXHIBIT D.Rag that was found around Mary Phagan's neck, with blood on it. 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 splotches 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 on both sides of shirt and high up on arm-pits on the inside.STATE'S EXHIBIT G.Jar containing
  • 1289 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: "On Saturday morning, April 26, 1913, Mr. Frank left home about eight o'clock, and Albert, my husband, was there Saturday, too. Albert got there I guess about a quarter after one and he was there when Mr. Frank come for dinner, which was about half-past one, I think. When Mr. Frank come back to the house at seven o'clock that night, and Albert was there when he got there. Albert had gone home that evening but he come back. I don't know what time he got there, but he come sometime before Mr. Frank
  • 1290 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Slide context to be added soon
  • 1291 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Selig gave me $5, but it wasn’t for my work, and they didn’t tell me what it was for, she just said, ‘Here is $5, Minola.’ I understood it was a tip for me to keep quiet. They would tell me to mind how I talked when Miss Lucile gave me a hat.Q. “Is that the reason you didn’t tell the solicitor yesterday all about this—that Miss Lucile and the others had told you not to say anything about what happened at home there?”A. “Yes, sir.”Q. “Is that true?”A. “Yes, sir.”Q. “And that’s the
  • 1292 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 248with being too enormous and too lengthy to be included here in their entirety. After the President's address, the Board adjourned and reassembled again at four o'clock in the afternoon, at which time Dr. Harris's side of the controversy was heard."The Secretary not having been present at what transpired following this was not in a position to take note as to the proceeding, but was informed by members on adjournment that it was their wish that he should still continue as Secretary and Director of the laboratories."The President then made a short statement in
  • 1293 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 249STATE'S EXHIBIT O.Telegram sent by Leo M. Frank:"Atlanta, Ga., April 28, 1913."Mr. Adolph Montag,Care Imperial Hotel, New York."You may have read in Atlanta papers of factory girl found dead Sunday morning in cellar of pencil factory. Police will eventually solve it. Assure my uncle I am all right in case he asks. Our company has case well in hand.LEO M. FRANK"STATE'S EXHIBIT P.Time slip punched for Solicitor Dorsey by E. L. Kendrick:1 5.012 5.303 6.004 6.295 6.586 7.387 8.018 8.299 9.0010 9.3011 10.0012 10.3013 10.5814 11.3015 12.0016 12.3017 1.0018 1.3019 2.0020 2.3121 3.0022 3.3023
  • 1294 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 250STATE'S EXHIBIT Q.Miss Hattie Hall's testimony before coroner's jury, as follows:"He (Mr. Frank) came to Montag's before I went to his office. I went to his office after he went back, somewhere between 10 and 11. I didn't notice the clock. As 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 it up. I transferred some of the
  • 1295 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 251The InjuryNature and extent? Very painful cut to the bone, not serious if this brass does not have poison to set in.Was surgical aid rendered? Yes, when? At once.By whom? Dr. Hancock. Where? Atlanta Hospital.Notice received by employer 10-4-12.H. G. SCHIFF, Employer.STATE'S EXHIBIT 8.Portion of the affidavit made by Lonnie 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
  • 1296 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: STATE'S EXHIBIT V.262Portion of the testimony of Emil Selig before coroner's inquest as follows:"As to who else was present, my wife and his wife. They went to the opera before, probably, dinner was over, before he and I left. I stayed in the house. There was no one else there when he got there except me and my wife and him and his wife. The servant was there also. I am speaking about dinner time. I laid down a little while after dinner. I am sure about that. It was directly after dinner was
  • 1297 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Slide context to be added soon
  • 1298 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Slide context to be added soon
  • 1299 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: 253DEFENDANT'S EXHIBIT 1.Time slip, dated April 26, taken out of clock by Frank.101 .......... 601 .......... 138102 .......... 682 .......... 139103 .......... 700 .......... 140104 .......... 732 .......... 141105 .......... 800 .......... 142106 .......... 831 .......... 143107 .......... 906 .......... 144108 .......... 932 .......... 145109 .......... 1029 .......... 146110 .......... 1104 .......... 147111 .......... 1200 .......... 148112 .......... 107 .......... 149113 .......... 135 .......... 150114 .......... 203 .......... 151115 .......... 301 .......... 152116 .......... 330 .......... 153117 .......... 154118 .......... 155119 .......... 156120 .......... 157121 .......... 158122 .......... 159123 .......... 160124 .......... 161125 ..........
  • 1300 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: 176 .................................................. 254177 .................................................. 189178 .................................................. 190179 .................................................. 191180 .................................................. 192181 .................................................. 193182 .................................................. 194183 .................................................. 195184 .................................................. 196185 .................................................. 197186 .................................................. 198187 .................................................. 199188 .................................................. 200Date April 26, 1913.Solicitor Dorsey stated in open court that he had made the erasure noted on this time slip, supposing it to have been put there by the detectives, the words erased being "Taken out 8:26 a. m."DEFENDANT'S EXHIBIT 3.Data sheet, being part of financial sheet.PRODUCTIONS: WEEK-ENDING 4/24/13Gross Production 2765.5.Net Production 2719.5.Repacked good 10.Repacked cheap 36.Value repacked $70.00.Rubber inserted 720.Rubber cheap 667.5.Rubber good 706.5.Lead good 747.Lead cheap
  • 1301 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 2Financial sheet of April 26, 1913, made out by Leo M. Frank.FINANCIAL REPORTNATIONAL PENCIL COMPANYATLANTA, GA.Week Ending April 26, 1913Compiled by L. M. F.EXPENDITURESEXPENSELaborDirect 897.65 27%Indirect 45.00 1.052.55Borden*Rent 165Light-Heat-Power-Water 82.00Insurance 7.00Sales Department 530.65REPAIR SUPPLIESMach. Slugs 152.0070.001633.20MATERIAL - COSTSBasic - Gross 2716.75 No. 2776.75Slats 29.00 29.00Rubber750 Gr. at .14 cts. 105.00750 Gr. at .14 cts. 105.00750 Gr. at .14 cts. 105.00750 Gr. at .14 cts. 105.00Tips1374 Gr. at .10 cts. 137.40Lead477 Gr. at .15 cts. 71.55455 Gr. at .15 cts. 68.2511/2" at .25 2.81Supplies at .5 cts. per gr. 9.00Boxes 3717 at .7
  • 1302 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT da--(64-v)NATIONAL PENCIL CO.Atlanta, Ga.Daily Report.WednesdayDept. Packing Dept. No. 1886-610 Packerd No. 2 5274-T.O. Bell Lee Drug Co. 8199-910 N. Emblem 24271-950 Genius 2590-910 Cadillac No. 2 31½T1-630 Worth 2752 28½ 122Date 4/28/13 Signed EGULANATIONAL PENCIL CO.Atlanta, Ga.Daily Report.WednesdayDept. Packing Dept. No. 13264-65 Oxford 98½120 Broadway 534-11 Trumps 16No. 110 Asst Smith Paper 25 144939-20 G. Wash 78698-40 J. Monroe 3 81 144 122 347Date 4/28/13 Signed EULADEFENDANT'S EXHIBIT daa.Repack—Apr. 25, 1913—Repack from Apr. 17, to Apr. 2418 gross 22.50 -36x18 gross 22.50 -37x10 gross 25.00 -990x O. K. (Signed) EULA46 70.00
  • 1303 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 257DEFENDANT'S EXHIBIT 4a--(Continued).NATIONAL PENCIL CO.Atlanta, Ga.Daily Report. Friday.Dept. Packing Dept. No. 13725 N. Copying 1/291-210 Cadillac No. 3 3587-510 Packard No. 3 2199-210 Nat. Emblem 601/262-660 University School 521/2117-450 Luxury No. 2 N. T. 1326-210 Khedive No. 2 21/2No. 1920 Ass't Nat. Flyer 21/21661/2Date 4/18/13 Signed BULANATIONAL PENCIL CO.Atlanta, Ga.Daily Report. Saturday.Dept. Packing Dept. No. 13271-950 Genius 9%91-210 Cadillac No. 3 31/2109-910 N. Emblem 3116-210 Bowers Prog No. 2 6760 Thesis Writing No. 2 1Good 23264-55 Oxford 66378-155 Mystic 991/21651/2939-20 G. Wash. 69315-10 P. Cedar 53Good 233101/2Date 4/19/13 Signed BULANATIONAL PENCIL CO.Atlanta, Ga.Daily Report.
  • 1304 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 4a--(Don't d)NATIONAL PENCIL CO.Atlanta, Ga.Daily Report.Thursday.Dept. Packing90-210 Cadillac No. 2 6½91-210 Cadillac No. 3 2116-210 Bowers Prog 15½271-960 Genius 71274-470 Thoroughbred 43No. 15 Ass't Princely Cards 1534-45 Trumps 153Ass't No. 48 S. Bargain Hse Sp 50Ass't No. 53 Southwestern 50No. 115 50186Date 4/24/13 Signed EULANATIONAL PENCIL CO.Atlanta, Ga.Daily Report.Thursday.Dept. Packing90-210 G. Wash. 3498-40 J. Monroe 20R. I.Med. 54Good 136343Date 4/24/13 Signed EULADEFENDANT'S EXHIBIT 4b.Job department reports, being part of data for financial sheet.NATIONAL PENCIL CO.Atlanta, Ga.Daily Report.Dept. Job504 Pol sec 58090 "" "" 20506 "" "" 103½ "" 3's 1290 "" sec
  • 1305 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 269DEFENDANT'S EXHIBIT 46--(Cont'd)NATIONAL PENCIL CO. NATIONAL PENCIL CO.Atlanta, Ga. Atlanta, Ga.Daily Report Daily ReportDept. Job. Dept. No. 22 Dept. Job. Dept. No. 22 Dept. No. 3111 Pol see 49 90 Pol see74 " " 28 114 " "090 " " 13 095 " 3/4506 " " 11 473/8 " 3/8 97 5175 " see 10 21670 " " 22 267504 " " 16Date 4/24/13 Signed FANNIE A 216 Date 4/26/13 Signed FANNIE ADEFENDANT'S EXHIBIT 46.Daily report of lead deliveries from lead plant; part of data for financial sheet.1 Box 3992 910/No. 2 127 Gross2
  • 1306 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 4d.Report of tip deliveries from tip plant, being part of data, for financialsheet.Weekly report of Metal Dept., No. 18, April 24, 1913.Large Eyelet Mach. 404 Tips delivered—Small Eyelet Mach. 440 No. 9 830Trimming Mach. 644 No. 10 448Knurling Mach. 835 No. 12—Re-dipped 35No. 17 641,377(Signed) L. A. QUINN.DEFENDANT'S EXHIBIT 5.Average (of orders) sheet, being a complete record (beginning with theweek ending Jan. 16, 1913) of the number of orders received each week, classi-fied as to price under different headings, said number being totaled at the endof each week and the average price
  • 1307 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 5--(Continued)WEEK ENDING 4/10/13.60 cts. R. L. 100 150 200 300thru thru thru and140 195 295 overFriday 4 33 162 230 572 58 511½Saturday 5 31 19 83½ 12 47 16Monday 7 106 101 188 118 154½ 86Tuesday 8 10 30 48 10 67 74Wednesday 9 5 2 8 4 2Thursday 10 15 156 232 28 90 67½Total gross 200 468 789½ 806 325½ 286½Price per gross .60 1.25 1.75 2.50 3.00Total value 120.00 574.40 1,381.63 2,015.00 976.50 859.50$4,428.27 2774½ 1.60 av.WEEK ENDING 4/17/13.60 cts. R. L. 100 150 200 300thru thru thru
  • 1308 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 262DEFENDANT'S EXHIBIT 6.Value of shipments for week ending April 26, being part of data forfinancial sheet.11.3538.3727.0023.4040.00124.8016th 14.2038.9223.3917.6014.6627.0010.908.90107.5014.8614.9219th 73.0443.3021.25185.1051.6369.9524.3419.3929.3317.8421st 15.0775.9913.70740.5533.2612.3812.0016.6710.0022nd 18.70138.301287.28Shipments Week Ending 4/24/13Apr. 18 400.75" 19 432.00" 21 1146.06" 22 1457.95" 23 706.58" 24 1245.575438.78
  • 1309 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Slide context to be added soon
  • 1310 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 7—Continued.Three pencil sheets (the last two of which are in Frank's handwriting), part of data for financial sheet.NATIONAL PENCIL COMPANY, Atlanta, Ga.F A C T O R Y P E N C I L S T O C K R E C O R D Week Ending April 17, 1913DATE 60x S.P. 50x S.P. 40x S.P. 30x S.P. 20x S.P. 10x S.P. 8x S.P. 7x S.P. 6x S.P. 5x S.P. 4x S.P. 3x S.P. 2 1/2x S.P. 2x S.P. 1 1/2x S.P. 1x S.P. 3/4x S.P. 1/2x S.P. 3/8x S.P. 5/16x S.P.
  • 1311 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 7—Continued.Three pencil sheets (the last two lines of which are in Frank's handwriting), part of data for financial sheet.FACTORY RECORDNATIONAL PENCIL COMPANY, Atlanta, Ga. Week Ending April 12, 1913PENCIL STOCKDATE 6 Copy N.P. 70% 75% 75% 75% 3PL 40% 410% 420% 425% 430% 440% 450 T 460 470 SPL 20% 25%
  • 1312 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 6--(Continued).137.701.0423.9529.4529.1828.80260.0020.0023.0418.4914.1830.0027.705.13204.32644.40145.0063.6326.0027.7513.48119.29DEFENDANT'S EXHIBIT 8.Eight carbon copies of eight letters, all dated April 26, 1913, and ad-dressed to:Schroder & Lombard Engraving Co., 18 Franklin St., N. Y.Henry Diston & Sons, Philadelphia, Pa.J. G. McCrory Co., 621 Broadway, N. Y.Southern Bargain House, Richmond, Va.American Zylacq Co., Inc., 8 Livingston St., Newark, N. J.A. J. Sossner, 154 Duane St., N. Y.The Pullman Co., Chicago, Ill.Schroder & Lombard, 18 Franklin St., N. Y.and signed "National Pencil Company, by .......... Supt." Oneach letter are the initials "LMF" "HH."Each letter acknowledges receipt of letter received from the firm ad-dressed
  • 1313 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 264DEFENDANT'S EXHIBIT 9.A large book containing all of the financial sheets of the National Pencil Company, beginning with the week ending November 25, 1909, and ending with the week ending April 24, 1913. Each of these sheets purport to cover the financial operations of the National Pencil Company for the respective week named thereon, and in form is identical with the sheet of April 24, 1913, set forth herein as "Defendant's Exhibit 2."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,
  • 1314 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 10 (Continued).April 24, 1913. Received of National Pencil Co. 12 cents parcel post.(Signed) A. Mann, B.April 24, 1913. Received of National Pencil Co. 50 cents thread. (Signed)A. Mann, F.April 24, 1913. Received of National Pencil Co. $1.00 dray. (Signed)Truman McCrary.April 25, 1913. Received of National Pencil Co. 10 cents carfare.(Signed) A. Mann, F.April 26, 1913. Received of National Pencil Co. $2.00 dray. (Signed)Truman McCrary.April 26, 1913. Received of National Pencil Co. 75 cents express.(Signed) So. Express Co., F.April 26, 1913. Received of National Pencil Co. $4.00 time for office work.(Signed) Herbert Wright,
  • 1315 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Page 56 of House Order Book of National Pencil CompanySalesman Ship to Kind Order No. City-State Date Rec'd How ship Shipped7187—D. P. F. W. W. Co. No. 57 Regular 4/24/13 St. Joe, Mo. 4/26/13 At once 4/28/137188—D. P. F. W. W. Co. No. 68 Regular 4/23/13 Terre Haute, Ind. 4/26/13 At once 4/28/137189—D. P. F. W. W. Co. No. 25 Regular 4/22/13 Logansport, Ind. 4/26/13 At once 4/28/137190—D. P. F. W. W. Co. No. 585 Regular 4/22/13 DeKalb, Ill. 4/26/13 At once 4/28/137191—D. P. F. W. W. Co. No. 25 Regular 4/24/13 Wilkesbarre, Pa.
  • 1316 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Slide context to be added soon
  • 1317 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBITS 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 No. 57, St. Joseph, Mo.F. W. Woolworth Co., Store No. 63, Terre Haute, Ind.F. W. Woolworth Co., Store No. 253, Logansport, Ind.F. W. Woolworth Co., Store No. 585, Decatur, Ill.F. W. Woolworth Co., Store No. 25, Wilkesbarre, Pa.F. W. Woolworth Co., Store No. 262, Saratoga Springs, N. Y.Soo 5 and 10 Cent Store, Sault Ste. Marie, Mich.Beuttell Bros. Co., Dubuque, Iowa.Montag Bros., Atlanta, Ga.John Magnus Co., Chicago, Ill.R. E. Kindell
  • 1318 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: PAGE268BLANKPAGE
  • 1319 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. 7187Salesman D.P.Date April 11, 26 1913Bill to 1/24/13NATIONAL PENCIL CO.MANUFACTURERSAtlanta, Ga.Ship to F.W.W.Co. No. 57Ship When at onceAddress 617 Felix St.Remarks St. Joseph, Mo.Sales No. Amount Name or Remarks April 11, 28, 191345x 4 #4 4220x 1/2 #4 1/2280x 1/2 #4 1/2440x 1/2 #5 1/2720x 1/2 #5 1/2630x 1/2 W.F. 1/2910 1/2 1/2902 1/2 1/2430 1/2 1/2240 1/2 1/2O.K. CompleteHGSDateComplete April 28, 1913ShipmentShipped CompleteApril 28, 19132700
  • 1320 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 26.Requisition sheet in handwriting of Leo. M. Frank, as follows:House No.7188Date_April 26, 1913SalesmanBill to J.D.P.Order No. 4/23/13NATIONAL PENCIL CO.MANUFACTURERSAtlanta,Ship to_F.W.W.Co. #68 Terre Haute,Ship When_at onceRemarks:Ind.Date_April 28, 1913Sales No. Amount Name of Remarks37 135 345 2120 2155 3920 1910 1CompleteO.K.HGSDateCompleteShipmentApr. 28, 1913Shipped CompleteApr. 28, 19132701270
  • 1321 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 27.Requisition sheet in handwriting of Leo. M. Frank, as follows:House No.7189DateApril 11, 1913101SalesmanJ.D.P.Order No.4/22/13Bill toNATIONAL PENCIL CO.,MANUFACTURERSAtlanta, Ga.Ship toF.W.W.CO.#25AtLogansportShip WhenAt onceRemarksc/o Penna RyDateApril 28, 1913Sales No. Amount Name or Remarks37 135 120 2 30 Sub.Pls.45 1140 1155 1860 1630 1910 11002 11003 1430 1 1/2240 1/2O.K.HGSShipped CompleteDateCompleteShipmentApril 28, 1913Shipped CompleteApril 25, 19132703274
  • 1322 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. 7190 Date Apr. 26, 1913 191Salesman D.P. Order No. 4/26/13Bill toNATIONAL PENCIL CO., ATLANTA,MANUFACTURERS At 347 E. Main St.F.W.W.Co. #585 Dekalb, Ill.Ship to at onceRemarks:Sales No. Amount Name Remarks APRIL 26, 191310 4 30 SUB PTC. 420 2 237 2 235 2 245 2 2120 2 2OK HGS CompleteDateCompleteShipmentApr. 26, 1913SHIPPED COMPLETEApr. 26, 19132704272
  • 1323 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.7191Salesman_Bill to_ D.P.Date_April 26, 1913_ 191Order No. 4/24/13NATIONAL PENCIL CO., ATLANTA, GA.MANUFACTURERSShip to_F.W.W.Co. #25Ship When_c/o Penna RyRemarks:_At once_Sales No. Amount Name or Remarks April 29, 191310 5 535 5770 2 #3 2450 5 5640 2 2240 2 2902 1280 1 1/2 #2 1 1/2280 1/2 #3 1/2280 1/2 #4 1/2440 1 1440 1 #3 1720 1 W P 1O.K.HGSOSCompleteDate_April 29, 1913Complete ShipmentShipped-CompleteApril 29, 1913278
  • 1324 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. 7192 Date Apr. 26, 1913 191Salesman D.P. Order No. 4/24/13Bill toNATIONAL PENCIL CO., ATLANTA, GA.MANUFACTURERSShip to F.W.W.Co. #262 4 Saratoga Springs,Ship When at once N.Y.Remarks: o/o D. & H. Ry. 416-18 Broadway14726Sales No. Amount Name or Remarks10 520 5 30 Sub Ptg.37 135 145 1120 1140 1155 1770 1 #3680 1630 1920 1 930 Sub.910 1950 1430 1220 1 #3220 1 #4640 11602 1/21005 1280 1/2 #2280 1/2 #3480 1/2440 1/2720 1/2 W P OK OSSHIPPED-COMPLETE HGS CompleteAPR.-29-19132699274
  • 1325 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 31.Requisition sheet in handwriting of Leo M. Frank, as follows:House No. 7193Salesman } MailBill toDate April 26, 1913-191Order No. C4355NATIONAL PENCIL CO. ATLANTA, GA.MANUFACTURERSShip to Soo 5 & 10c Store At. Sault Ste.Marie,Ship When August 1st Mich.Remarks:Sales No. Amount10 1035-37 5 Asstd45 5910 5640 51002 21003 2Best Route to Chicagothen by water2716
  • 1326 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 32.Requisition sheet in handwriting of Leo. M. Frank, as follows:House No. 7194Date Apr. 26, 1913 191Salesman H.Q.Bill to Gen. No. 4/25/13NATIONAL PENCIL CO.MANUFACTURERSShip to Bustell Bros. Co. 819-859 Clay Str.Ship When at once Dubuque, IowaRemarks:Sales No. Amount Name or Remarks May 6,1913480 5210 556 2520 2030 25OKHGS Complete(Shipping ClerkInclude all B'O's with this)Date CompleteShipment May 6,1913SHIPPED COMPLETEMay 6-19132733276
  • 1327 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 33.Requisition sheet in handwriting of Leo M. Frank, as follows:House No.7195Date April 26, 1913 101SalesmanBill toOrder No. 4/26/13NATIONAL PENCIL CO., Atlanta, Ga.Montag Bros. MANUFACTURERSShip toAt onceShip WhenAtRemarks:Sale No. Amount Blks. sub. 35 gro.Pts. May 26, 1913135x 50 501900 10 added 4/29 81920 10 Transferred 51540 10 101910 10 1040x 50 added 5/6/13 50420x 2 2420x 10 5/26/13 10O.K.HGSOKHGSFWLIEMay 6, 1913May 26, 1913
  • 1328 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. 26,1913Salesman H.G.Bill toOrder No. 4/24/13NATIONAL PENCIL CO.MANUFACTURERSAtlanta,Ship to R.E.Kindell & Co. A.M. 312 Plum St.Ship When At once Cincinnati,Remarks:Sold No. Amount160x Sp.50 F.O. 154 Name of Brands 5771/2OhioNo-stamp HoldCANCELLED6/17/13278
  • 1329 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. 7196Date April 28, 1913 191Salesman Jno Lawrie & SonsBill to Order No. 134NATIONAL PENCIL CO., MANUFACTURERS, ATLANTA, GA.Ship to John Magnus Co. At 1055 W. 35th St.Ship When at onceRemarks Chicago, Ill.Stock No. Amount Name or Remarks April 28, 1913155x 25 0.K. H65Careful selection of goodsCompleteDateCompleteShipmentApril 28, 1913Shipped CompleteApril 28-19132698279
  • 1330 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Date.................... 191_Order No................NATIONAL PENCIL CO. ATLMANUFACTURERSShip to...........................................................Ship When.........................................................Remarks:Stock No. | Amount | Name of Remarks
  • 1331 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 281DEFENDANT'S EXHIBIT 36.Statement of James Conley Made to John R. Black and H. Scott at PoliceBarracks, Atlanta, Ga., Sunday, May 18, 1913.My full name is James Conley. I reside 172 Rhodes Street with LorineJones, who claims to be from Marietta, Ga. This woman is not my wife, andI have been living with her a little over two years. I have been having in-tercourse with Lorine Jones. I have been employed as a elevator man androustabout at the National Pencil Co. factory in Atlanta for the past twoyears. Before going to the pencil factory, I
  • 1332 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 me, 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 the aisle and asked me to come to his office. That was the aisle on the fourth floor where I was working, and when I went down to the office he asked me could I write and I told him yes
  • 1333 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 283head over to me and whispered to me to be a good boy and that was all hesaid to me.(Signed) JAMES CONLEY.Sworn to and subscribed before me this 24th day of May, 1913.(Signed) G. C. FEBRUARY,(Seal) Notary Public, Fulton County, Georgia.DEFENDANT'S EXHIBIT 38Statement of Jim Conley, May 28, 1913.STATE OF GEORGIA,COUNTY OF FULTON.Personally appeared before me, a Notary Public, in and for the aboveState and County, James Conley, who being duly sworn, on oath says:I make this statement, my second statement, in regard to the murder ofMary Phagan at the National Pencil Factory. In
  • 1334 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: back there shooting dice, five with me, one was named Joe Bobs, and one was named Bob Williams, and I won 90 cents. I don't know how long we were shooting for we were shooting on the sly unbeknownst to the bar tender. I guess we were shooting about ten minutes and then I come to the bar and bought a glass of beer there at the Butts Saloon, and then I went to Early's beer saloon on Peters St. and bought a glass of beer there and then I walked back to the
  • 1335 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: don't think it looked like it might have come from that plate glass company on Alabama Street. Then Mr. Holloway went back upstairs and it wasn't long before Mr. Holloway come back down and asked for good. I don't know how long, but I guess he stayed upstairs alone, to put on his coat and hat. I saw Mr. Holloway turn up his right towards Hunter Street, then there comes another lady into the factory, and she had on a green looking dress, she works on the fourth floor, and she walked with her
  • 1336 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: behind them, to see that they didn't take off anything. Then after awhile Mr. Frank he come into the office and he pulled out one of those round chairs from under the desk. The first thing, he let me pull one of the wardrobe and I said, "I got too hot in there," and he said "you see how you are sweating." When he opened the door I was fixing to step out, and his eyes were looking larger than they usually look, and he jerked the door open and I was right there,
  • 1337 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and when Mr. Frank said that I said "Don't take me another dollar for that watchman," and he said "All right, I won't," and I said, "I don't see why you want to buy a watch, because that big fat wife of mine wanted me to buy her an automobile but I won't do it." I didn't say nothing about that for it didn't concern me, and didn't seem to concern the subject he was talking about at first, and then Mr. Frank told me when he wrote that letter he would not forget
  • 1338 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I stayed until about half past eight that night, and I got up and set in front of the fire a little while and got to swimming around, and then here comes her sister, and after she left I went to bed and didn't leave home no more until twelve o'clock Sunday, in the day time, and I walked up Mitchell Street and stayed up there until after quarter to one, and I come on back home. I was feeling bad, and I layed down across the bed and stayed there until 6 o'clock
  • 1339 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: morning I come to work and got caught up by 10 o'clock, and I went down stairs and the fireman and another colored fellow was down there and I asked the fireman where it was that they say the young lady got killed at, and he told me right around there, and I took a little piece of paper and went around there to see if I could see, but I couldn't see where anybody had been laying at, and I come on back and found he was throwing some stuff into the furnace,
  • 1340 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: room, carrying her on my right shoulder, and she got too heavy for me and she slipped off my shoulder and fell on the floor right there at the dressing room and I hollered for Mr. Frank to come there and help me, that she was too heavy for me, and Mr. Frank come down and he told me to pick her up, damn fool, and he run down there to me and he was excited, and he picked her up by the feet, her head and feet went sticking out of the cloth
  • 1341 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: box and taken out a cigarette and he handed me a box of matches and I handed him the matches back, and I handed him the cigarette, and he told me that was all right, I could keep that, and I told him I had some money in it and he told me that was all right, I could keep that, and Mr. Frank then asked me to write a few lines on that paper, a white scratch pad he had there, and he told me what to put on there, and I asked
  • 1342 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 196Cash.1913To balance4/22 To check4/2439.8515.0015.0069.85Page 197Cash.Dr. 191339.85 By kerosene15.00 " type15.00 " dray" cases" express" postage" parcel post" 2 Wks rent typewriter" supplies, Scheegass" King Hdw. Co." tinsmith" overall" Herbert WrightCr..15.756.7010.501.101.00.162.00.45.8511.50.05.104.00Omitted from payrollBalance to fund39.8130.5469.85
  • 1343 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 298DEFENDANT'S EXHIBIT G.Oash book items made out by Frank to balance oash book.Kerosene .15 .15Type .75 .75Dray 2.00 1.70 1.00 -2.00 6.70 6.70Cases 2.50 1.25 3.50 1.75 1.50 10.50 10.50Express .35 & .75 1.10Postage .50 & .50 1.00Parcel post .03 & .13 .16Rent typewriter 2 wks 2.00Supplies .45-Soh. .45King Hdw. Co. .85 .85Tinsmith 11.50 11.50Thread .05 .05Carfare .10 .10Herbert Wright 4.00 4.00 39.81 39.81 39.85 30.00 69.85 30.31 30.54Cash box-$4.34 short O. K. F. 3/26/13
  • 1344 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 204DEFENDANT'S EXHIBIT 42.Letter written by Leo M. Frank to Mr. Moas Frank. The letter was not typewritten but was in long hand and folded to a size to fit ordinary size envelope, and was as follows:Atlanta, Ga., April 26, 1913.Dear Uncle:I trust that this finds you and dear Tante 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. Lucile and I are well.It is too short a time since you
  • 1345 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 43.Weekly report forwarded to Moses Frank by Leo M. Frank, enclosed in Leo M. Frank's letter to Moses Frank, as set forth in exhibit "42," said report being in Frank's handwriting, same being folded to same size as envelope set forth as Exhibit 44.FINANCIALWeek ending April 24, 1913.Production - Net 2719/4Good 700 Gr.Medium 690/4 Gr.Cheap 599 Gr.Jobs 791 Gr.29%Net Value Prod'n $3066.31Total Expenditures 3175.75Result--Deficit 109.44Shipments$5438.784374 gr.Orders received#9290.21 Value1904 GrossO. K. F
  • 1346 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Slide context to be added soon
  • 1347 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 receivedby the latter on April 28, 1913, said report being in the handwriting of Frank.FINANCIAL.Week ending April 24, 1913.Production: Net 2719½ Gr.Good 700 Gr.Medium 629½ Gr.Cheap 599 Gr.Jobs 791 Gr.701 %Net Value Prod'n $3066.31Total Expenditures 3175.75Result—Deficit— 109.44Shipments $5438.784374 gr.Orders received $3920.31 Value1904 GrossO. K. FDEFENDANT'S EXHIBIT 46.Weekly financial reports of the business of the National Pencil Companysent by Leo M. Frank to Oscar Pappenheimer for each week beginning January18, 1912, and ending with the week ending April 24, 1913, each of
  • 1348 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 206DEFENDANT'S EXHIBIT 49.Brown suit of clothes worn by Leo M. Frank on April 26, 1913. Consists of coat, pants, and vest. Suit does not appear to be new, but is clean and unspotted.DEFENDANT'S EXHIBIT 50.Bank book showing account of Leo M. Frank with Atlanta National Bank. Shows balance on April 1, 1913, of $111.13, and a deposit of $15 on April 18. It further shows that the sum of $109.56 had been drawn out on checks (Defendant's Exhibit 51), leaving a balance to the credit of depositor of $16.28.DEFENDANT'S EXHIBIT 51.Twelve cancelled checks drawn
  • 1349 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Slide context to be added soon
  • 1350 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Slide context to be added soon
  • 1351 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Slide context to be added soon
  • 1352 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Slide context to be added soon
  • 1353 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 entire 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
  • 1354 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 302"DEFENDANT'S EXHIBIT 71.Picture showing passage way leading to the back door in the basement of the factory. Picture shows boxes piled up on each side of 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 second floor of the factory are shown in the background.DEFENDANT'S EXHIBIT 73.Picture showing elevator shaft and trap door on the ground floor of the factory. Shows steps leading to
  • 1355 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 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 13) was made.DEFENDANT'S EXHIBIT 38a, b, c, d, e.Five jars containing contents of stomach taken from different parties who had eaten cabbage and bread.DEFENDANT'S EXHIBIT 39.Extract
  • 1356 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: there and see if I can find them,' then he drops his head and looked right at me. Then Mr. Frank says, 'Newt, you carry him up there, go with him around and stay with him while he is up there,' and we went in and went on up there and found the shoes like he says and I asked me for some paper to wrap them up and I gave him some paper, and then I got him some twine. . . .'I don't know when I ever seen him change that (time
  • 1357 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 305hour, that he could go out on the street and enjoy himself for a few hours, and return about six o'clock. Frank stayed in the building from four to six and Newt Lee returned at 6 o'clock, went on duty and left the building at about 6.15. On his way out he saw Newt Lee sitting on a packing box outside the door of the factory talking to a man by the name of Gantt. Lee told Frank what Gantt was staying there for, and after considering allowed Gantt to come upstairs for a
  • 1358 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 306towards the door of the office adjoining Mr. Frank's office, which door leads into the factory. Miss Phagan turned to Mr. Frank and asked him if the metal had arrived yet, to which Mr. Frank replied no, and the girl then went on away out of the factory, as far as Mr. Frank knows, as he did not see anything of her during the afternoon. About 12 o'clock, noon, Mrs. J. A. White entered the factory and went to the top floor where her husband, J. A. White was working, and at 12:45 p.
  • 1359 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 93.Testimony of Policeman Anderson before Coroner's Inquest, as follows:"The watchman told me where he was standing. He came out of the closet to fasten or button up his pants, and had his lantern sitting down right in front of him, where he had left it when he went into the closet. While he was standing up there he saw that woman. He saw it from the closet, about twenty-five feet, to where the object was. I could not see that far with the lantern that he had. - With the lantern that
  • 1360 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: case above stated shall be terminated, or until said Connally shall be otherwise released by proper order of Court.This May 29, 1913.(Signed), Hugh M. Dorsey,Sol. Gen. Atlanta Circuit.Georgia, Fulton County,Comes now Hugh M. Dorsey, who being duly sworn, deposes and says the allegations in the above petition are true so far as they come within his knowledge, and so far as derived from the information of others he believes them to be true.Attested, May 29, 1913.(Signed), Hugh M. Dorsey.John H. Jones, (Signed)N. P. Fulton Co., Ga.The above and foregoing petition read and considered.Let the
  • 1361 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 309livered back by said Chief of Police, the attorney for James Connally con-senting and not objecting to this order, and being present.This May 31, 1913.(Signed) L. S. Roan,Judge S. C. Stone Mountain Circuit,Presiding.This is consented to by me(Signed) William M. SmithAttorney for James Connally.Georgia, Fulton County.To Hon. L. S. Roan, Judge of the Stone Mountain Circuit,Presiding in the Superior Court, Criminal Division:—The petition of Hugh M. Dorsey, Solicitor General of theAtlanta Circuit, respectfully shows:—1.On May 29, 1913, this court, on petition of the above named Solicitor Gen-eral,—representing that James Connally was a material witness
  • 1362 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 310wise, may show cause before me, Friday, the 13th day of June, at 10 o'clock A. M., at my chambers in Thrower Building, Atlanta, Ga., notice to be served by the sheriff or one of his deputies by leaving copy of this petition and order, at once.June 11, 1913.(Signed) L. S. Roan.Service acknowledged and further service waived. The confinement of said James Connally in the Police station was at my request and at the request of my client James Connally and I agree for said Connally to remain in custody of the police authorities
  • 1363 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 311in the prison of Fulton County, also under order of this Court, the cause of said commitment by this Court of respondent, being the conviction that Respondent is a material witness in the above case, in behalf of the State, and it is desired to insure the presence of Respondent at the trial of the above case.2. Respondent admits that he is now at the City police prison at his own request and instance, and through the advice and counsel of his attorney.3. Respondent shows to the court that the City police prison is
  • 1364 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 3128. Respondent is advised and believes that the Counsel for the Defendant in this case has been within the last few days studying the law very thoroughly bearing on the question of holding the Respondent as a material witness in behalf of the State, at any other place than the County Prison, and also immediately finds move on foot to have Respondent returned to the County prison, and this Respondent is advised by his Counsel that it is the belief of his Counsel that the idea of transfer back to the County Prison has
  • 1365 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 313night, and are in close touch with many of these "trusty turnkeys," and "trusty attaches" of the jail; that while a prisoner at the County Prison before his transfer to the City Prison, a goodly number of persons were admitted to the cell block to talk with Respondent, whose presence there were requested or desired; that among these visitors was one whom this Respondent has every reason to believe was working in the interest of the Defendant; that this party presented Respondent with sandwiches which this Respondent did not eat, that this same party
  • 1366 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 314by Respondent and in the judgment of the representatives of the State there was necessity for the same.Wherefore this Respondent agrees, to the passage of an order revoking former orders in this case; and waives his presence at the Court, upon a hearing of same.(Signed) Wm. M. Smith,Attorney for James Conley.Georgia, Fulton County.Personally appeared before me, the undersigned attesting officer, James Conley, who after being duly sworn deposes and swears that the facts set out in the above and foregoing response so far as they come within his own knowledge are true and where
  • 1367 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 3153. We are constrained to the conclusion that it is not the purpose for any reason to release this negro, but, by obtaining the order here sought, continue the present, illegal confinement.4. But Frank is himself deeply interested in this proceeding. That the consent of the Solicitor and the will of the negro is all that is required to reverse the will of the law, is erroneous. The State has the right in the interest of justice to put a witness in custody, but where in custody and in whose custody is of the
  • 1368 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: What chance has he to abstract a lie or add a truth to the foolish statement which Lanford approves and wishes to maintain? If this man will, when he is holding this negro under your honor's order, declare such ownership over this negro's person and move into what legnth would he go if the court releases its power over him and turns him over to Lanford's unrestricted power?6. It is just to Frank, as well as in the interest of public justice, that this negro should be detained by unbiased, fair men, whose reputations
  • 1369 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (j) On the 28th of May, Conley made a long affidavit, full of contradictions and absurdities, beginning it as follows:"I make this statement, my second statement in regard to the murder of Mary Phagan at the National Pencil Company factory. In my first statement, I made the statement that I went to the pencil factory on Friday, April 25th, and went in Frank's office at five 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
  • 1370 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: builds up that story as additions may be needed, he is assured that the detectives will save him as far as possible from court and Grand Jury, and will, so far as they can, fix upon him no greater crime than that of a misdemeanor.12. Conley and his counsel are wise. There is for them no other hope than for the detectives to keep Conley and save him from a confession that he committed the crime, giving him immunity, provided he continues to put the guilt on Frank.Respectfully submitted,Rosser & Brandon,Attys. for Leo Frank.Order
  • 1371 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Blank Pages
  • 1372 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Blank Pages
  • 1373 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ReductionChangeRed 13
  • 1374 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: STATE OF GEORGIA, FULTON COUNTY, BILL OF INDICTMENT.The Grand Jurors selected, chosen and sworn for the County ofFulton, to wit:1.- J. H. Beek, Foreman,2.- A. D. Adair, Sr.,3.- F. F. H. Akers,4.- B. F. Bell,5.- J. G. Bell,6.- Sol Benjamin,7.- Wm. E. Besser,8.- C. M. Brown,9.- C. A. Cowles,10.- Walker Danson,11.- Geo. A. Gershon,12.- B. C. Glass,13.- A. L. Guthman,14.- Chas. Heinz,15.- H. G. Hubbard,16.- R. R. Nash,17.- W. L. Percy,18.- R. A. Redding,19.- R. P. Sams,20.- John D. Wing,21.- Albert Boylston,22.-23.-In the name and behalf of the citizens of Georgia charge and accuseLeo
  • 1375 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: W. W. Rogers,Harry Scott,B. B. Haslett,Grace Hicks,E. F. Holloway,N. V. Darley,A. L. Parry,J. M. Gantt,William A. Gheesling.Copy Bill of Indictment and list of witnesses beforeGrandjury, waived before arraignment. Full panel waived.Rosser and Brandon,R. R. Arnold,Herbert Haas,Della GuiltyJuly Term, 1913.The defendant, Leo M. Frank, waives being formally arraignedand pleads not guilty.F. A. Hooper,E. A. Stephens,Hugh M. Dorsey, Sol.-Gen.Rosser and Brandon,R. R. Arnold,Herbert Haas, Deft.'s Att'ys.(VERDICT.)We, the Jury, find the defendant guilty.Date August, 25 th., 1913.F. E. Winburn, Foreman.2
  • 1376 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (EXTRAORDINARY MOTION FOR NEW TRIALState of Georgia,Vs.Leo M. Frank.(1) Convicted of Murder, at July(2) Term 1913, of Fulton Superior(3) Court. Affirmance of judgment by(4) Supreme Court; entry of remittitur(5) at March Term 1914, of Fulton(6) Superior Court.TO THE SUPERIOR COURT OF FULTON COUNTY:Now comes the defendant, Leo M. Frank, and makes this, his extraordinary motion for new trial, and respectfully shows, as his reason, why this motion was not previously made, that the grounds hereof were not known by this defendant, or any of his counsel, to exist at the time of said trial,
  • 1377 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the hair so taken from the body of Mary Phagan and the hair soclaimed to have been found by the witness Barrett, and, as aresult of said microsocopic examination, said Harris discoveredthat the hair bore no resemblance to the hair taken fromthe body of Mary Phagan, either in color, texture, shape, or otherparticular. Defendant further shows that it has come to hisknowledge since the original motion for new trial was denied,and is a fact, that the said Harris, before the original trial,reported said finding of fact to the Solicitor-General and toldthe Solicitor-General that the
  • 1378 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: or at the time the motion for new trial was heard, that Harris had any such examination or had made any such report, or that the Solioitor General had stated to Harris that he would let the investigation as to the hair end there.Notwithstanding the foregoing facts, this defendant shows that upon the trial of the case, as appears from the record, reference to which is hereby had, one of the chief facts relied on by the state to corroborate the witness James Conley was the alleged finding of said hair by the witness
  • 1379 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: foregoing facts is material, and that it is such an extraordinarystate of facts as would probably produce a different result onanother trial, and that the said facts were unknown to him andhis counsel, having been concealed by the Solicitor and theSolicitor-General, and the same have only come to the knowledgeof this defendant and his counsel since the motion for new trialwas heard and passed upon, and could not have been sooner dis-covered by the exercise of proper diligence.3. The defendant further shows that he should be granted a newtrial upon the newly discovered evidence
  • 1380 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The Solioitor General likewise alluded to the finding of this hair in his brief before the Supreme Court of Georgia.The defendant further shows that it was one of the strong contentions of the state that Mary Phagan had been inveigled by Frank into the metal room on the second floor of the factory and he had there murdered her. The negro Conley in his testimony stated that he found Mary Phagan in the metal room, dead, and that Frank engaged him to conceal her in the basement of the factory. The witness Barrett testified
  • 1381 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: lathe looked like Mary Phagan's hair, that on Monday April 28th Magnolia called Cora Falta's attention to said hair, which was alleged to have been found by Barrett on the lathe, and the said Cora Falta states positively that the hair on said lathe was not the hair of Mary Phagan, and that the same was entirely too light in color and was not of the same texture as that of Mary Phagan's.Defendant further shows that one of the main facts relied on by the state to corroborate the witness James Conley, was the
  • 1382 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The defendant further submits that the discovery of the foregoing facts is material and that it is such an extraordinary state of facts as would probably produce a different result on another trial, and that said facts were unknown to the defendant and his counsel, and it was impossible to have ascertained the same by the exercise of proper diligence-the said Cora Falta not being a witness on said trial, and the fact that she was in possession of these state of facts herein set forth being unknown to the defendant and his counsel
  • 1383 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: argument to the jury he alluded to it as a oiroumstanoe againsFrank. The Solioitor General likewise alluded to the finding ofthis hair in his brief before the Supreme Court of Georgia.Defendant further shows that it was one of the strong conten-tions of the state that Mary Phagan was inveigled by Frankinto the metal room on the second floor of the factory and hehad there murdered her. The negro Conley in his testimony statedthat he found Mary Phagan in the metal room, dead, and thatFrank engaged him to oonoesl her in the basement of the
  • 1384 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Craven and witnessed by E. H. Pickett and Angus Morrison, Jr., both of whom are white men also in the employ of the Beck & Gregg Hardware Company and these witnesses told McKnight that he would be obliged to stick to the story prepared for him by Craven, as they had witness same, and that, in the event he undertook to deny said story, they would send him to the chain gang, and explained to him that the word of three white men would be taken in preference to that of any negro; that
  • 1385 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: order to collect the reward, it was necessary for him to go right ahead and do what he (Craven) told him to do, and the said Albert McKnight admits that he was weak enough to follow said Craven's instructions and do what he was told by him.Defendant further shows that, on the trial, the defendant claimed an alibi and, as a part of his claim, introduced evidence showing that he left the pencil factory about one o'clock on April 26th, took a street car to his home, where he arrived about one twenty (1:20)
  • 1386 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I have not heard Miss Lucille say whether she believed it or notI don't know why Mrs. Frank did not come to see her husband butit was a pretty good while before she would go to see him--maybetwo weeks. She would tell me wasn't so bad that he was lockedup. She would say "Minola, I don't know what I'm going to do."The defendant shows that this affidavit of Minola McKnightwas denied by her upon the stand during the trial and evidencesof her husband Albert McKnight was claimed by the Solicitor tosupport this affidavit of
  • 1387 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: street; and that, when she got in front of the National PencilCompany's factory on Forsyth Street, she heard a girl orwoman screaming and crying, saying "please don't", and then sheheard the voice shut off suddenly, with no noise or sound muchlike one holding their hand over the mouth of another person;that, when she heard the cry, she stopped and listened, and saysthe sound of voice in distress apparently came from the basementof the National Pencil Company's building; that she knows thatthe sound came from the basement of the pencil company buildingbecause there is a
  • 1388 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: testify at the trial of Leo M. Frank, but that she never was subpoenaed, the reason whereof she does not understand.Defendant further shows that it has come to the knowledge of this defendant since the motion for new trial was denied that, on April 26th, 1913, between two thirty (2:30) and three (3) o'clock, P. M., on Whitehall street that the fact that said Solicitor General Dorsey had seen said Frank at about the time just stated, is the reason that he attempted to discredit the statement made to him by Mrs. J. B.
  • 1389 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: unknown to the defendant and his counsel until after the motion for new trial had been heard and passed on.7. Defendant further shows that he should be granted a new trial upon the newly discovered evidence of Mrs. Ethel Harris Miller and Wm. Lefkoff, which has come to the knowledge of the defendant and of his counsel since the original motion for new trial was heard and passed on, and which is as follows: that the said Mrs. Miller is acquainted with the defendant, but the said Lefkoff is not acquainted with him; that,
  • 1390 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 1:30 o'clock, on that day, assisting the said Conley to move the body from the second floor to the basement.The defendants here and now offers to show and prove to the Court all of the facts herein set forth, and swears to the existence of these facts as the truth, and asks the Court to investigate them in this extraordinary motion.Defendant further submits that the discovery of the foregoing facts is material, and that it is such an extraordinary state of facts as would probably produce a different result on another trial; that said
  • 1391 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: whom was a girl named Maggie Griffin, who was very enthusiastic about going on the stand herself and testifying against the defendants; that the said Maggie Griffin coached Dewey Howell and told her how to testify and what to say; that Dewey Howell went on the stand; that, before she went on the stand to testify, Solicitor General Dorsey came into the room where the said girls were confined and gave them all a lecture and told them that, when they went on the stand, to go right ahead and tell everything they knew
  • 1392 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Pencil Factory, she never heard any employee, male or female, saythat defendant was a man of bad character, and had never seenany wrong doing on his part.Defendant shows that at the trial, the Solicitor Generalput several witnesses on the stand, who testify to the badcharacter of the defendant, and further certify that the defendant knewMary Phagan. the Solicitor General proved by the said DeweyHowell that she had worked at the pencil factory four monthsand had seen the defendant talk to Mary Phagan two or three timesa day in the metal department and had seen
  • 1393 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: which had come to the knowledge of this defendant and of his counsel since the original motion for new trial was heard and passed, and which is as follows: That the said Ruth Robinson was a witness for the State on the original trial, and that on the morning of the day she testified detective Bass Rosser came to her house, and conducted her to Solicitor General Dorsey, which was her first meeting with him that the meeting took place in a room opposite the place where the trial occurred; that after being introduced
  • 1394 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: with defendant, that said Ruth Robinson was shocked by the broad insinuation and affirmative statement of the Solicitor General, and she told him that all such statements and allusions were lies and that she had never heard of any such thing ever occurring in the factory or elsewhere, in which defendant and any girl employe of the factory were parties to, and that she had never heard such insulting language by direct speech and innuendo by any of the commonest laborers in and about the National Pencil Factory as was used to her by
  • 1395 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: until about 12 o'clock when she went to the courthouse and took the witness stand, that before the Solicitor went over to the courthouse he came into the room where the girls above described and she herself were and gave them a lecture and told them all that when they went on the stand to go right ahead and tell everything that they knew and answer his questions right off sharp; that after the lecture she said Ruth Robertson didn't see the Solicitor General again until she went on the witness stand in the
  • 1396 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and that she did not know her by name, but she was rehearsed to know her by Waggis Griffin in that room, and to say whatever she did say on the witness stand; that she said Ruther Robertson has seen the evidence as reported as being given by Dewey Howell and recognized in her answer precisely what she had heard Waggis Griffin tell her to say; that the said Ruth Robertson states that she does not believe either of these girls appreciated what it was to swear falsely, as they were giggling and laughing
  • 1397 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: trial was heard and passed on, and which is as follows: that the said Mamie Kitchens worked at the National Pencil Company, that at no time during her employment at the factory did she ever hear or see defendant act in a familiar manner towards any of the female employees at the factory or at any other place, that never at any time had any girl or woman, or men told her that defendant had attempted to act in a familiar manner with them or ever in any way offered them an insult in
  • 1398 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: defendant shut the door and disappeared; that said MamieKitchene, when on the witness stand, only answered such questionsas were put to her by the Solicitor General or by Counsel fordefendant, but stated now that if she had been permitted to tellthe facts in her own way she could have told them exactly as shetold them in this her statement, that when defendant opened thedressing room door and looked in an asked the girlsreferred to if they did not have any work to do, that noneof them were in an exposed condition, but that said
  • 1399 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Defendant here and now offers to show and prove to the Court all of the facts herein set forth, and swears to the existence of these facts as the truth, and asks the Court to investigate them in this extraordinary motion.Defendant further submits that the discovery of the foregoing facts is material and that it is such an extraordinary state of facts as would probably produce a different result on another trial and that said facts were unknown to the defendant and his counsel and it was impossible to have ascertained the same by
  • 1400 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: far as she knew or knows is bad for lasciviousness; that she has never heard of the defendant acting in any unbecoming manner toward anyone; that she has at no time seen any woman in the defendant's office and never heard any girl or woman say that they had ever seen any woman in defendant's office or had seen the defendant act unbecoming to ladies, that the defendant always made the girls at the factory attend strictly to business and that when she testified his character was bad at the original trial, she intended
  • 1401 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Broad street during the morning and up to one o'clock in the afternoon; that at one o'clock they left the local store of saidCotton States Belting and Supply company at No. 9 South Broadstreet and walked to Jacobs' Pharmacy corner, at Whitehall andAlabama Streets, arriving there between 1:00 and 1:05; that thesaid Samuel A. Pardee saw the defendant leaning against thepower pole of the Georgia Railway and Power Company; that he re-calls the defendant had a newspaper in his hand and as saidPardee passed defendant he waved his hand at him and defendantanswered the
  • 1402 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the knowledge of defendant and of his counsel since the original motion for new trial was heard and passed on, and which is as follows: that the said Mary Rich known as W. Conley, and that On April 26th, 1913, at about 2:15 P. M. she saw Jim Conley come out of the alley immediately in the rear of the National Pencil Company's factory; that the said Jim Conley bought a 20 cent dinner of Mary Rich, who runs a restaurant on wheels facing said alley, that after purchasing said dinner he carried same
  • 1403 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The defendant further submits that the discovery of the foregoing facts is material and that it is such an extraordinary state of facts as would probably produce a different result on another trial, and that said facts were unknown to the defendant and his counsel and it was impossible to have ascertained the same by the exercise of proper diligence, the said Mary Rich not being a witness on said trial, and that she was in possession of the state of facts herein set forth being unknown to defendant and his counsel until after
  • 1404 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: he, Dalton had joined defendant on several occasions in acts of immoral conduct with women and girls and that he had on various occasions joined defendant and women in the office of defendant, and that on these occasions they would all drink beer and have a so called good time and that Dalton had seen Jim Conley and defendant on various occasions talking earnestly together and that women and girls had told him that defendant had committed both natural and unnatural acts of intercourse with them, and that Dalton had at various times taken
  • 1405 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: that the said Conley would warn Dalton if defendant or anyone else should happen to come along and possibly disturb Dalton while he was in the basement and that said Jim Conley would assist Dalton and Daisy Hopkins to get out of the factory without being seen by anyone; that on one occasion said Dalton looked into defendant's office, but that defendant did not see said Dalton as defendant was busy at the time talking to Daisy Hopkins, who had gone to the factory in company with said Dalton, for the purpose of drawing
  • 1406 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: had been down in the basement; that the defendant knew that he was in the basement, that there would be ladies in defendant's office, sometimes two and sometimes one; that he visited the Pen oil factory with Daisy Hopkins; that many times Hopkins introduced said Dalton to defendant in defendant's office before Christmas; that Daisy Hopkins accompanied said Dalton down to the basement where there was an old cot and a stretoher; that defendant had coca cola, lemon and lime and beer in his office; that Daisy Hopkins knew defendant and Dalton had seen
  • 1407 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: sorawl of the name "H. F. Becker" sought to be erased but which is clearly discernible under the microscope; that also on said note is the date "Sept. 1909", also sought to be erased but also discernible under a powerful microscope, together with the serial number "#1018" that said sheet was a duplicate carbon order blank of a requisition sent to the Cotton States Belting and Supply Company in September 1909, by the said H. F. Becker, who was master mechanic at the National Pencil Company at that time, and whose business it was
  • 1408 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Defendant further shows that the serial number on said note namely, "1018" corresponds to the serial number of the requisit ion made on the Cotton States Heating and Supply by said Beoker in September 1909, the preceding serial numbers, namely 1016, 1017 being dated September 10, 1909, and serial number 1019 the one immediately following the sheet on which Conley wrote, being dated October 6th, 1909, that the serial numbers of the order pads used at the time the murder was committed were far in excess of said number__________and that at that time there
  • 1409 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and defendant's counsel having no access thereto.15. Defendant further shows that he should be granted a new trial because of newly discovered evidence of Ivy Jones, which has come to the knowledge of the defendant and his counsel since the original motion for a new trial was heard and passed upon by the Court.Upon the trial said Jones testified for the State as follows:That he saw Jim Conley at the corner of Forsyth and Hunter streets on April 26, 1913, in a saloon between one and two o'clock on the opposite corner from the
  • 1410 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: a drink where it is claimed he was met by Iva Jones and that Jones and Conley went towards home of Conley together.Jones has since testified, and will as the defendant isinformed and believes, now testify, that he met no one in saidsaloon nor on his way by the saloon to his home, except BuddyPerry, meeting him at Davis and Hunter StreetsNeither the defendant nor his counsel had any reason tobelieve that Ivy Jones was telling other than the truth when hetestified to seeing Conley in said saloon, and had no possiblemeans of knowing,
  • 1411 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the little girl was killed by Jim Conley, and this testimony is material as showing his disposition towards the little girls in the factory.17. Defendant further shows that he should be granted a new trial because of the following:J. E. Duffy testified on the trial that he worked at the National Pencil Factory and was hurt in the metal department by a cut on his forefinger on the left hand; that he went to the office to have it dressed, that it was bleeding pretty freely and a few drops of blood dropped on
  • 1412 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Duffy, you know that is not true, and you know that you were notin front of the dressing room at all, and that there was no bloodthat ran upon the floor, and that, as soon as you injured yourfinger, you promptly went to the office of Mr. Frank and then tothe Atlanta Hospital, where Dr. F. W. Ballinger waited on you" Ir.Dorsey then asked what it was he used to stop the blood, andthat he replied that he stopped it with a piece of waste; thatfor some reason he both permitted Mr. Dorsey to
  • 1413 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: she saw Leo M. Frank at the corner of Whitehall and Alabama streets at Jacobs' corner at 1:05 P. M. Neither the defendant nor his counsel had any information or knowledge that this witness knew the facts as shown until she would testify to the same on the trial; they knew nothing thereof until after the motion for new trial was over ruled in this case.The witness Conley testified that from four minutes to one to 1:30 on the day of the murder, April 26th, 1913, he was present in the Penoil factory with
  • 1414 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Read and considered. It appearing to the court that notice of the above and foregoing extraordinary motion for new trial has been given to the opposite party as provided by law, as set up in section 1091 of the Penal Code, it is considered, ordered and adjudged that this above and foregoing motion for new trial be filed and made part of the record in the case of the State vs. Leo M. Frank, pending in Fulton Superior Court.Let the State of Georgia, through the Solicitor General, show cause before me on the 22
  • 1415 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (Let AMENDED MOTION.)GEORGIA, FULTON COUNTY.And now comes the defendant, Leo M. Frank, and amends his extraordinary motion for a new trial, and for amendment says:(a). Because of the newly discovered evidence, of J. W. Boozer, which in substance is that, while collecting for Patrick & Thompson one of his accounts was against Jim Conley, now in jail, and connected with the Mary Phagan murder.On April 26th 1913, he was unable to get to the pencil factory by 1:30 o'clock in the afternoon, it being his custom to go to the pencil factory each Saturday
  • 1416 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: about 3 o'clock he went to his home, some distance from thefactory went to sleep and forgot to come back to the factory;that he remained at home until about 6 o'clock went out a whileand then returned and spent the night at home,(d). That this testimony shows that Jim Conley was onPeters street between 4 and 4:30 o'clock.(e). That this testimony was not known at the trial, noruntil after the overruling of the motion for a new trial, noruntil the 7th day of April, 1914, by Leo M. Frank or by eitherof his counsel,(f).
  • 1417 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (3rd AMENDMENT TO MOTION.)GEORGIA, FULTON COUNTY.Now comes Leo M. Frank and amends his extraordinary motion for new trial:Further amending said extraordinary motion for new trial movant says that a new trial should be granted him because of the material facts set forth in the affidavit of Mrs. Maud Bailey, said Mrs. Maud Bailey testifying that on April 26th, 1913, she was living at 253 Humphries street in Atlanta, Ga., that at 11 o'clock in the morning or a few minutes after that time, she boarded a Stewart Street Car and left the same at
  • 1418 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: mother said: "I thought I left you at Alverson's store," and witness replied that she was tired waiting and told her mother to hurry and got out with her. Witness's mother told her she had to go back to the fourth floor to get a package and would be back as quickly as possible. Witness says she was angry and vexed with her mother for keeping her detained and she and her mother talked for several minutes and when witness and her mother finished talking, witness's mother went up the stairs; Arthur White also
  • 1419 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (25) and thirty (30) minutes after twelve (12) o'clock noon, when she reached the store, the reason for knowing that it was about that time being because the Swift Soap company do not permit their employees to use the 'phone after twelve thirty (12:30) o'clock, and witness knows that she was just in time because she had only a moment or two to talk to Mr. Newcomb.Witness further says that when she entered the Pencil factory that day, Jim Conley was sitting on a box between the stairway and the elevator on the first
  • 1420 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: trial of said case, the state insisted that Leo M. Frank carried the deceased, Mary Phagan, back to the metal room in the rear of the factory and killed her, whereas the testimony of this witness shows that the said Mary Phagan went into said Frank's office and came out and that when she came out and went down the steps, that Frank was still in his office. Movant further shows that said testimony completely repudiates the evidence of the negro Jim Conley and corroborates to the fullest extent the testimony of the witness
  • 1421 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: testify to the facts above set out, and neither movant not hiscounsel could have discovered the same by the exercise of duediligence.Roeser and Brandon,Leonard Haas,H. J. Haod,R. F. Arnold,Attys. for Movant.GEORGIA, FULTON COUNTY.Personally appeared Leo M. Frank, who upon oath deposes andsays that the facts in the above and foregoing amendment for newtrial are just and true as they stand.Leo M. Frank,Sworn to and subscribed before me,this 24th, day of April, 1914.C. W. Burke,N. P. Fulton Co., Ga.State of Georgia,In Fulton Superior Court,Vs.Leo M. Frank.Extraordinary motion for New Trialat March Term, 1914.GEORGIA - FULTON
  • 1422 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: but had no knowledge of the facts testified to in these affidavits.Leo M. Frank,Sworn to and subscribed before me,this 23rd day of April, 1914.Leopold Haas Jr.N. P. Fulton County, Ga.(N. P. Seal.)This amendment is hereby allowed and ordered filed.This April 24th, 1914.Benj. H. Hill,Judge S. C. A. C.Filed in office this the 4th day of May, 1914.John H. Jones, D. Clk.
  • 1423 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ( ORDER OF MAY 5th, 1914. )The recitals of facts contained in the grounds of the foregoing motion for new trial are hereby approved as true.This 5th day of May, 1914.B. H. Hill,Judge B. C. A. C.
  • 1424 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (ORDER STRIKING 2nd AMENDED MOTION)Upon motion of defendants counsel the amended motion for new trial based on the affidavits of Ragdale and Barber is herewith stricken from the files of this Court.This 28th day of April 1914.Let the original affidavits made by Ragdale and Barber referred to in the petition be filed in the Clerk's Office.Benj. H. Hill,Judge S. C. A. C.
  • 1425 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (4th AMENDMENT TO MOTION.)STATE OF GEORGIAVS.LEO M. FRANK.Fulton Superior CourtExtraordinary Motion for new trial.And now comes the defendant, Leo M. Frank, and amends his extraordinary motion heretofore made in said case, and for amendment says:I: A new trial ought to be granted in this case because of the newly discovered evidence of one Annie Maude Carter, which newly discovered evidence is set out and appears in her affidavit, which is hereto attached and marked Exhibit A, said evidence fully appearing in her said affidavit, and said affidavit being made a part and parcel of
  • 1426 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: justify and demand a new trial, and if introduced before a jury would produce a verdict of acquittal for this movant. This movant shows that these facts set out in Exhibit A were not known to this movant or to movant's counsel until the date of said affidavit and could not by any possibility have been discovered either by this movant or movant's counsel, for the reasons above set forth.(Signed) L. Z. RosserMorris BrandonH. J. HaasLeonard HaasReuben R. ArnoldAttorneys for Leo M. Frank.
  • 1427 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: EXHIBIT "A"STATE OF GEORGIA, VS. LEO M. FRANK.Extraordinary motion for a new trial.In Fulton Superior Court, March Term 1914.Personally appeared Annie Maude Carter of 88-1/2 West LindenAve., who on oath says, that about October 7th 1913, I waslooked up in the Fulton County Jail where I saw Jim Conley.I first met Jim Conley in the Court House in November 1913,at the time I was sentenced to jail. After I was sentenced Iwas well acquainted with Conley and knew him well for four monthsstraight in jail. I talked daily with him about all his affairsand
  • 1428 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: one had called her, that she turned back and he then struck her with his fist, knocking her down and dragged her back where they put rubbers on pencils. That finding Mr. Frank absent, he dropped her through the hole then he then took her around by the furnace starting to put her in the furnace but his conscience wouldn't let him, that he put her down there to make people believe Newt Lee did it; that afterwards he found a piece of blank paper, tears it in two, picks up a pencil, and
  • 1429 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: statement and I have not been promised anything and don't ask anything to make this statement. I am simply telling the truth of my own free will.Detectives Langford, Choring and Sturdevant took a statement from me today. I did not tell them all that I am telling here because I knew they were trying to get things to favor Conley and I knew he was guilty, and that what I knew wouldn't help him b.t would break his neck. Chief Langford also asked me if Conley used his mouth on me a:d I didn't
  • 1430 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: G E O R G I AFULTON COUNTY.STATE OF GEORGIA ) VS. ) Fulton Superior CourtLEO M. FRANK. ) Extraordinary motion for new trial.Before the undersigned, personally appeared Leo M. Frank,who upon oath deposes and says that the facts in the aboveand foregoing amendment for new trial are just and true, asthey stand stated.(Signed) Leo M. FrankSworn to and subscribed before methis 23rd day of April, 1914.(Signed) O. W. Burke,Notary Public, Fulton County, Ga.
  • 1431 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: G E O R G I APULTON COUNTY.STATE OF GEORGIA ) VS. )LEO M. FRANK. ) Extraordinary motion for new trial.Personally appeared Leo M. Frank, who upon oath deposes and states that the facts set out and sworn to in Exhibit A hereto attached were unknown to deponent at the time of his trial before the jury in Fulton County, Georgia, and were unknown to this deponent until the date of said Exhibit A; that he did not know the facts and circumstances set out in Exhibit A until the date of said Exhibit
  • 1432 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Copy of Statement(Leo M. FrankMarie M. Gartz)
  • 1433 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: STATE OF GEORGIAVS.LEO M. FRANK,FULTON COUNTY. Fulton Superior Court Extraordinary Motion For New Trial.GEORGIAFULTON COUNTY.Personally appeared R. R. Arnold, Morris Brandon, Herbert J. Haas, Leonard Haas and L. Z. Rosser, who upon oath deposes and states that they did not, at the date of the trial, nor until after the Supreme Court had affirmed the case of Leo M. Frank have any knowledge of the facts and circumstances set out in Exhibit A, hereto attached; that these deponents, except Morris Brandon, who did not have active control of the case, and whose firm was
  • 1434 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (ORDER OF MAY 9th, 1914.)The recitals of fact contained in the grounds of the foregoing motion for new trial are hereby approved as true.This 9th day of May, 1914.B. H. Hill, Judge S. C. A. C.
  • 1435 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ( 8th A M E N D M E N T TO MOTION.)GEORGIA, FULTON COUNTY.And now comes the movant, the defendant in the above stated cause, Leo M. Frank, and amends his extraordinary motion for new trial, and for cause of amendment says:1-a. Because of the newly discovered evidence of Georgia Denham which evidence so newly discovered is hereunto set out in an affidavit hereto attached and marked Exhibit A.The movant hereto, Leo M. Frank, did not, at the date of the original trial nor at the date when his motion for new trial
  • 1436 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: rust stains and that said stain were in fact blood stains. This testimony of Georgia Denham, unknown to the movant as aforesaid, shows that the stains upon the shirt were not rust stains but were blood stains, and strongly enforces and fortifies the position of this movant that Conley was the slayer of Mary Phagan and that, in the slaying, he was stained with Mary Phagan's blood. Movant affirms that this testimony was likewise unknown to his counsel at the date of the original trial and at the date when the motion for new
  • 1437 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the notes themselves showed that they were conceived by a white man.The letters, newly discovered and hereto set out as a part and parcel of said Exhibit C, hereto attached, show therein the same words, the same spelling, and the same style of composition as appears in the notes found near the child's body; especially does it appear from these newly discovered letters that the negro Conley did use the word "did" and did use the word "negro" instead of the words "done" and "nigger". Even in the very question of spelling, the notes
  • 1438 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: letters before the Court and jury, upon another trial, a verdict would and should be rendered in his favor.These letters are further material by reason of their substance they reek with the vilest filth and show that they were written by one with the most loathsome and perverted nature, whose testimony was absolutely worthless, and whose depraved disposition could be depended upon to murder this little girl.The substance of these letters corroborates the contention of movant and of his counsel, that the condition in which the girl's underclothes were found is the result of
  • 1439 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 'they would not have convicted this movant upon the testimony of such a vile creature.Movant insists that these letters, introduced before a jury upon another trial, should and would produce a verdict of acquittal.I-B. Because of the newly discovered evidence of Cora L. Leffew, which evidence so newly discovered is hereunto set out in an affidavit hereto attached and marked Exhibit E.Upon the original trial of movant, the State contended that Mary Phagan had been murdered in the metal room of the second floor of the factory and had been carried from that place
  • 1440 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: until the date of said affidavit, Exhibit E--that said Cora L. Leffew would testify as in said Exhibit E set out and could not have ascertained such by exercising due diligence.1-C. Because of the newly discovered evidence of Georgia Denham, which evidence so newly discovered is hereunto set out in an affidavit hereto attached and marked Exhibit D.Upon the original trial of movant, the State contended that Mary Phagan had been murdered in the metal room of the second floor of the factory and had been carried from that place by movant and Jim
  • 1441 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Donham would testify as in said affidavit set out, nor could they have ascertained same by exercise of due diligence.1.-D. Because of the newly discovered evidence of Cora Lavender Lafeew, which evidence so newly discovered is hereunto set out in an affidavit hereto attached and marked Exhibit B.The movant hereto, Leo M. Frank, did not, at the date of the original trial, nor at the date when his motion for new trial was overruled, know of the facts in said Exhibit B set out; nor did he know that said Cora Lavender Lafeew would
  • 1442 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: unknown to his counsel at the date of theoriginal trial and at the date when the motion for new trialwas overruled, and the fact that it is so newly discovered untilit only came to their attention on the date of the affidavit ofsaid Exhibit B and could not have been discovered by exerciseof due diligence.Movant further shows that this testimony is material, andpresents such an extraordinary set of circumstances as wouldand should produce a different verdict upon another trial.Roeser and Brandon,R. P. Arnold,Leonard Haas,Herbert J. Haas.Attys. for Deft.State of Georgia, (1. No. Fulton Superior
  • 1443 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Deponents, nor neither of them, did not know of the existence of the letters attached to the affidavit of Annie Maud Carter, which is attached to the amended extraordinary motion for new trial and marked Exhibit 3, until after the case of Leo M. Frank had been affirmed by the Supreme Court. That deponents did not know of the existence of these letters, nor could they have known of them by the exercise of any diligence.L. Z.Rosser,Morris Brandon,Herbert J. Haas,Leonard Haas,R. R. Arnold.Sworn to and subscribed before me,this 1st day of Vay, 1914.B. H.
  • 1444 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: of the shoulder.Affiant further states that she related the above facts to the detectives who were then working on the case and that her affidavit was taken by them.Affiant states that some of her associates are - Miss Mary Pirk, Jennie Wayfield, Annie How.herGeorgia X DenhammarkSworn to and subscribed before me, this 30th day of April, 1914.J. O. Knight,N. P. Fulton County, Ga.( N. P. Seal. )Correction made before being sworn,J. O. Knight.Notary Public.Witness:Eula Flowers,N. V. Darley.EXHIBIT D.GEORGIA, FULTON COUNTY.State of Georgia, Fulton Superior Court.Vs. Extraordinary Motion for New TrialLeo V. Frank.Personally appeared Mrs.
  • 1445 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Miss Mary Park, Miss Jimmie Wayfield and Annie How.Georgia X Denham markSworn to and subscribed before me,this 30th day of April 1914.J. O. Knight,Notary Public Fulton County, Ga.(Notary Seal)Corrections made before being sworn.J. O. Knight,Notary PublicWitness to signatureJ. P. Fyffe,N. V. Darley.EXHIBIT E.GEORGIA, FULTON COUNTY. Fulton Superior Court.State of Georgia,Vs.Leo M. Frank. Extraordinary motion for new trialPersonally appeared Mrs. Cora Lavender Leffow who uponoath states that she was present in the metal room at theNational Pencil Company's plant on Monday, April 28th, 1913,when some strands of hair were found upon a certain lathe, andwhich
  • 1446 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Sworn to and subscribed before methis 30th day of April, 1914.D. I. Mac Intyre, Jr.Notary Public, Fulton County, Ga.STATE OF GEORGIA,Vs.Leo M. Frank.No. Fulton Superior Court.Conviction of Murder: July Term1913. Extraordinary Motion forNew Trial.Georgia, Fulton County,--------Before the undersigned, personally appeared Leo M. Frank, whobeing duly sworn, deposes and says that at the date of histrial and at the date when his motion for new trial was overruledhe had no knowledge that the witnesses Georgia Denham and Cora L.Leffew knew the facts, or could, or would testify to the factsset out in Exhibits A, B,
  • 1447 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: State of Georgia, No. Fulton Superior Court.Vs. Conviction of Murder} July Term,1915Leo M. Frank. Extraordinary Motion for New TrialGEORGIA, FULTON COUNTY.Personally appeared before the undersigned Leo M. Frank who, being duly sworn, deposes and says that he is the defendant in the above stated cause, and that the statements contained in the foregoing amendment to his extraordinary motion for new trial are true as they stand stated.Sworn to and subscribed before me, this the 1st day of May, 1914.J. O. Knight,Notary Public Fulton County, Ga.( H. P. Seal.)The above and foregoing amendment is hereby
  • 1448 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (ORDER OF May 9th, 1914.)The recitals of fact contained in the grounds of the foregoing extraordinary motion for new trial are hereby approved as true. This 9th day of May, 1914.Benj. H. Hill,Judge S. C. A. C.
  • 1449 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (6th AMENDMENT TO MOTION.)GEORGIA, FULTON COUNTY.Now comes the defendant Leo M. Frank, and herebyamends paragraph 2 of the original motion by striking therefromthe following words: "that she was an employee of the NationalPencil Company and was acquainted with Mary Phagan, and knewthe color of her hair; that she knew state's witness R. P.Barrett, who had testified at the original trial that he hadfound hair on a lathe on the second floor, and that on Monday,April 28th, the said Barrett showed her the hair which heclaimed he had found on said machine, and she, the
  • 1450 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ward hair which was alleged to have been found by Barrett on the lathe, and the said Cora Falta states positively that the hair on said lathe was not the hair of Mary Phagan, and that the same was entirely too light in color and was not of the same texture as that of Mary Phagan, and places in lieu thereof the following; "that she was working at the National Pencil Co., for five years past; that she was acquainted with Mr. Frank and also R. P. Barrett, and knew Mary Phagan quite well
  • 1451 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 4. The defendant also strikes ground number 6 of the original motion.5. The defendant further amends by striking ground number 12 of the original motion.6. The defendant further amends by striking from paragraph 13 the following: "that the said Mary Pich knew Jim Conley, and that on April 26th 1913, at about 2:15 P. M., she saw Jim Conley come out of alley immediately in the rear of the National Pencil Company's factory; that the said Jim Conley bought a 20 cent dinner of Mary Pich, who runs a restaurant on wheels facing said
  • 1452 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (ORDER OF May 6th, 1914.)The recitals of fact contained in the grounds of the foregoing motion for new trial are hereby approved as true.This 8th day of May, 1914.B. H. Hill,Judge S. C. A. C.
  • 1453 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (RESPONSE TO EXTRAORDINARY MOTION FOR NEW TRIAL.)STATE OF GEORGIA, ( ) No. 9410Vs. ( ) Superior Court of Fulton County.Leo M. Frank. ( ) Conviction of Murder. July Term of ( ) Fulton Superior Court: Affirmance of ( ) Judgment by Supreme Court; Entry of ( ) Remittitur Varch Term, 1914, Fulton ( ) Fulton Superior Court. ( ) Extraordinary Motion for New Trial by ( ) Leo M. Frank.oooooooooooooooooThe State of Georgia in response to said motion and as
  • 1454 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: --2--For specific answer to the several grounds, the State of Georgia hereby shows:GROUND 1.In response to Ground 1, the State says that the same is not in any view sufficient.The facts with reference to the hair, as developed on the original trial, are as follows:R. P. Barrett, sworn for the State, was the machinist in the National Pencil Company's place of business. He swore that on Monday morning after the murder was committed, viz, April 28, 1913, he found blood spots near the ladies' dressing room, where Jim Conley afterwards swore he dropped the
  • 1455 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the handle and they got around my finger."Quinn was a witness for the defendant on the main trial.Miss Grace Hicks was sworn by the State, and in Vol. 1, p337, of the official stenographer's report is found the followingquestions and answers, viz:"Q. How did you know that that was Mary Phagan? A. I justknew by her hair being so long."Q. Knew her by her hair? A. Yes sir."On cross examination counsel for the defendant asked saidwitness, among others, the following questions, and received theanswers following, viz:"Q. Miss Grace, what sort of hair did little
  • 1456 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: "Q. Did you discover any hair on there anywhere, identify any hair? A. Mr. Barrett called me and showed me that hair at the machine."Q. And you identified it, didn't you? A. Yes sir."Q. Whose hair was it? A. It looked like Mary's hair."Q. Where was it when you saw it? A. It was on the lathing machine."On p. 2253 of said record, these cross questions were asked and these answers given:"Q. Now, what was the color of Mary's hair, and what was the color of this hair you found there? A. Mary's hair
  • 1457 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The attorneys for the defendant, under the law, propoundedin this case certain questions to Dr. H. F. Harris, sworn by theState on the trial of this case, said Harris not having beenasked either by the State or the defendant any question withreference to the hair. Said Harris, before D. O. Smith, Com-missioner duly appointed to take his evidence in answer to ques-tions propounded by defendant's attorneys, testified substantiallyas follows, viz: "I am state health officer and director oflaboratories of the State Board of Health. I made two examina-tions of the body of Mary Phagan.
  • 1458 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The said Harris was sworn, as the record shows, long after counsel for the defense had cross-examined Miss Grace Hicks, as shown by the record, and the State submits that the record itself shows that counsel for the defense are shown by this record to have been lacking in diligence in reference to the subject matter involved in Ground 1.GROUND 2.The State contends that the record of questions and answers given under Ground 1 and the other evidence contained in the brief of evidence approved by the court when the motion for a new
  • 1459 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: For one illustration of such a statement on the part of Frank's attorney aforesaid, see p. 2932 of the stenographer's report of the evidence, where he said: I have asked Miss White, a witness for the defendant, whether, inasmuch as you worked on that floor, I am going to ask you a question. Have you ever been to Mr. Frank's office after hours when anything wrong or immoral was done of any sort?For another illustration, see p. 2934 of the report, where the witness, Mr the defendant, Miss Corinthia Hall, was asked: "Now, I
  • 1460 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: State, that Magnolia Kennedy, the defendant's witness, saw thehair, they failed to ask any question,with reference to theidentity of this hair, and the State could with much more showof plausibility contend that because counsel for Frank did notask their witness this question when they knew, or ought to haveknown by diligent inquiry, that she could probably identify thehair as being that of Mary Phagan, that said attorneys for Frankwere suppressing material evidence, than can said attorneys, asthey have done in the first ground of this motion, assert thatthe State was suppressing material evidence, when
  • 1461 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: GROUND 3.In answering Ground 3, the State attaches a copy of an affidavit executed by Mrs. Cora Rich, which in itself amply disproves the contention of the defendant. The statements with reference to diligence in respect to this subject matter, as set forth in response to Grounds 1 and 2 in this answer, are also likewise applicable to Ground 3.
  • 1462 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: GROUND 4.With reference to this GROUND, the same objection is urged against the granting of a new trial, as heretofore referred to.We submit that if a verdict rendered after a trial lasting approximately thirty days, where evidence was introduced covering, as shown by the stenographer's report, seven large volumes, and 3,647 pages of legal cap paper, a voluminous record, can be upset, - where the same has been rendered by a unanimous verdict of the jury, as shown by the affidavits from all of the jurors as attached to the motion for a new
  • 1463 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 5. Replying to paragraph 5 of the extraordinary motion, the State, for answer, submits the following as being a complete answer and reason why no extraordinary motion under the law should be granted on this ground, The State herewith sets out an affidavit obtained of Albert McKnight on the 21st day of April, 1914, and also one obtained on the 16th day of April, 1914, which are as follows:
  • 1464 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Also the State submits as a complete answer, the affidavit ofAngus Morrison, andAlso affidavit of R. L. Craven.Also the State submits affidavit of H. B. Pickett.Also the State submits the affidavit of W. W. Boyd taken onApril 22nd, 1914.
  • 1465 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The State submits that Albert McKnight has told the absolute truth, and that no new trial could possibly, under the rules of law as laid down by the Courts, be granted under the showing made in ground 5 of this motion. The State submits that Albert McKnight could not truthfully change the evidence given on the trial, and would not do so, and that he never would have made the false affidavit referred to in ground 5 except for the improper influences shown to have been exerted on him by agents and representatives of
  • 1466 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 6. Referring to ground 6 with reference to the newly discovered evidence of Mrs. J. B. Simmons, the State shows, that this constitutes no satisfactory ground for a new trial, because first, this evidence could not have been produced and would not have been produced a different result in view of the overwhelming and preponderance of the evidence that this girl was dead not later than one-thirty o'clock, and could not have screamed at the time and place referred to by Mrs. Simmons. Second, the said Mrs. Simmons is shown by the following affidavits
  • 1467 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The evidence as to the general character of this witness, is sufficient answer to the charge that the State did not introduce her, even if there had not been, as there are other reasons set out,94
  • 1468 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The State submits, with reference to Ground 7, that the same is wholly insufficient; the evidence set out as having been given by Mrs. Ethel Harris Miller and MR. L. LEPOFF being merely cumulative evidence; the question of alibi having been mainly relied upon by the defendant, Leo M. Frank, in the trial in which he was convicted of the offense of murder.The State is informed and believes that these witnesses are non-residents of the City of Atlanta, and nothing is known as to their character, reputation, standing, associations or connections.The State is informed
  • 1469 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The State, answering Ground 8, submits that, under the law, the fact that Dewey Hewell has changed, if such be the fact, her evidence as given on the trial of Leo M. Frank, would not be a ground for granting this extraordinary motion. In addition to the evidence given by Dewey Hewell, showing that Leo M. Frank personally knew Mary Phagan, the deceased, the State introduces the evidence of J. M. Gantt, book-keeper, who swore that Leo M. Frank remarked to him that he seemed to know Mary pretty well. The State also introduced
  • 1470 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Also, the affidavit given by Mrs. Maggie May, nee Griffin.These affidavits establish the falsity of the claims as containedin Ground 8, and show in a measure the tactics pursued by this defend-ent in his effort to overturn the verdict of guilty.
  • 1471 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Answering Ground 9 of the so-called extraordinary motion of thedefendant, Leo M. Frank, the State submits, as a full and completerefutation to the said ground, even if it were otherwise sufficientin law to warrant the setting aside of the verdict of guilty, as ren-dered, the affidavit of Miss Ruth Robertson, a copy of which isannexed hereto annexed. This said affidavit is supported by theaffidavit of her father, W. T. Robertson, a copy of which is
  • 1472 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Also with reference to Ground 9, the State respectfully refers the Court to the affidavit of Mrs. Carrie Smith, and the affidavit of Mrs. Nash, nee Griffin, flled with reference to Ground 8.With reference to this Ground 9, as is insisted by the State with reference to all of the grounds contained in this motion, it is submitted that the same does not present extraordinary situations such as are contemplated by the law, and could not possibly, in any view of the case, be reasonably expected to produce a different result to that which
  • 1473 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: To Ground 10, as a full and complete answer, in view of the law obtaining with reference to such matters, the State submits that the affidavit of Mrs. Mamie Edmunds, nee Miss Mamie Kitchens, is a full and complete answer to the allegations of Ground 10. Gold affidavit of Mrs. Mamie Edmunds, nee Miss Mamie Kitchens, is as follows:
  • 1474 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: As to Ground 11. The State insists that no case does not constitute an extraordinary situation such as is contemplated shall exist before the Court shall set aside a solemn verdict rendered unanimously by a jury of twelve, where the verdict is approved by the trial judge and affirmed by the Supreme Court. Under the law, even if the witness referred to, namely, Miss Marie Karst, had repudiated her evidence, the Court could not grant the motion for a new trial. This affidavit of Miss Marie Karst is also supported by the affidavits of
  • 1475 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: As to Ground 12: The State submits that, at best, this evidence, if true, is merely cumulative. The plea of alibi constituted, as will be seen by reference to the brief of evidence filed in this case, about the only defense set up by Frank, the defendant, and numerous witnesses were introduced along that line. Among other alibi witnesses testifying to almost the same state of facts to which in this ground it is said Pardee and Green will testify, was Miss Helen Kern. Even the testimony, however, of Miss Kern, and the evidence
  • 1476 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: on this extraordinary motion, says however, that it is nothing, butright and proper that the Court should be informed as to what Frankhimself said in the evidence on the hearing before the Coroner, as towhere he was at the time Pardee and Green now say they saw him at thecorner of Alabama and Whitehall Streets. On page 55 of the stenogra-pher's minutes of the Coroner's inquest, as reported by Harvey L.Barry, Official Reporter of Fulton Superior Court at that time, and asfiled, as required by law, in the Clerk's Office of the Superior Courtof
  • 1477 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: changed these statements on the trial, and said, as will be seen by reference to page 3201 of the stenographer's report; "I continued on up Forsyth street to Alabama and down Alabama to Whitehall, where I waited a few minutes for a car, and after a few minutes a Georgia Avenue car came along," etc. There was good reason for the change; first, Whitehall street was a more popular thoroughfare; the corner of Whitehall and Alabama Sts., is one of the most congested streets in the City; more people by far catc h cars
  • 1478 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: As to Ground 13. The State, in answer to this ground, submitsthe evidence taken by the defendant before H.D.Smith, Commissionerappointed by this Court, and also attaches hereto affidavits by MaryRich, which not only absolutely and completely refute the contentions,but which, if true, show the policy and tactics pursued by this defend-ent, Leo M. Frank and his friends in their desperation to set asidethe verdict of guilty; and further show that the motion is not made ingood faith. In no view of the facts as here presented, should a newtrial be granted. The affidavits made
  • 1479 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The defendant has not stated frankly at this time why he is soanxious to procure this evidence from Mary Rich.Also the State, in response to this ground, submits an affidavitof F. J. Welborn, a copy of which is on file.
  • 1480 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The absolute worthlessness of the evidence of Mrs. J. B. Simmons, as referred to in Ground 13 of the extraordinary motion, has been duly disposed of in replying to the ground dedicated alone to a discussion of the evidence of the said Mrs. Simmons. Also affidavit of James Conley amply refutes said charge
  • 1481 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: In reply to Ground 14, the State says that, even if it be truethat the said C. Burtis Dalton has changed his evidence as given byhim on the trial of the original case, this is not be ground for anew trial. Said Dalton merely sustains Jim Conley. As a matter offact, Dalton's recitals were denied by one Daisy Hopkins, but DaisyHopkins was overwhelmingly impeached for general bad character, muchmore effectively than the defense impeached Dalton for general badcharacter. But in this connection, the attention of the Court iscalled to the evidence of Merck, an
  • 1482 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: As to Ground 14-1/2. With reference to this ground of the motion, the State submits affidavits of J. W. Gantt Also affidavits of Philip Chambers, As a matter of fact, no one could possibly tell what the number of the order was on the order blank used in this case. The State submits that the number, as developed under a colored photographic lens, is not 1618, as contended by the defendant, but is 1618, as shown by the affidavit of the photographer who took the picture, and the only picture which have been taken
  • 1483 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: As to the 15th Ground, while submitting that the same does not constitute an extraordinary case, even if true, the State says that this ground, among other grounds, in view of the facts as shown by the affidavit of Ivy Jones, which will be set out and shown to the Court, shows the methods being pursued and the lack of good faith on the part of movent, and shows conclusively that the motion for a new trial was not a bona fide motion filed upon newly discovered evidence, but was merely a motion for
  • 1484 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: As to Ground 16: In answer to Ground 16, the State contents itself with setting out a copy of an original affidavit given by Miss Helen Ferguson.Under no view of this case, could this state of facts referred to in Ground 16 warrant or justify any court in granting the defendant a new trial.
  • 1485 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: As to Ground 17. The State, recognizing that the law is that a new trial could never be granted upon the mere ground that some witness sworn in a case has repudiated the evidence given on the stand, has not made any great effort to locate J. E. Duffy, the witness referred to. The law is that, before a verdict can be set aside, the witness repudiating his evidence must be convicted of the offense of perjury. The State asserts that Duffy has not only not been convicted, but that no effort whatsoever has
  • 1486 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Answer Ground 18, the State contents itself with showing thegeneral bad character of the witness referred to, viz. Mrs.W. Jaffe. This is shown by affidavits of W. H. Orr, and J. L.Moore and Bass Rosser, also the affidavit of P. P. Cooper.Thus it is, that when each one of the eighteen grounds ofthis extraordinary motion are considered and measured by thestandards set up by the law of the land, each one of them isseen to amount to nothing. And unless nothing added to nothingmakes something, a proposition which the State submits is nottrue, then
  • 1487 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (STATES RESPONSE TO AMENDMENT 1, 2, 3, & 4.)State of Georgia, (1.) No. 29410.Va. (1.) Fulton Superior Court.Leo M. Frank. (1.) Extraordinary Motion For New (1.) Trial.GEORGIA, FULTON COUNTY.State of Georgia, answering the several amendments to theextraordinary motion for a new trial, as filed by movant, Leo M.Frank, and taking them up in the order in which they werepresented to the Court, says:1. As to the amendment claiming that J. W. Boozer, on theafternoon of April 26, 1913, at about 4:15 o'clock met Jim Conleyon Peters street near Castleberry street; The State says that,in
  • 1488 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the case of the State Vs. Leo M. Frank. As a matter of fact, the said Conley could have assisted the said Leo M. Frank in the disposition of the body of Mary Phagan, as testified to, and have been seen by the said Boozer. In other words, the testimony of the said Boozer, even if true, a thing that the State denies, is with reference to immaterial matter.2. State of Georgia, answering the second amendment says that C. B. Ragadale has repudiated this affidavit, and insists that he was procured to swear to
  • 1489 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and believes, being pursued and followed in reference to other matters in connection with this extraordinary motion for new trial in behalf of the defendant, Leo M. Frank. The State will be able to show that this transaction is in keeping with other similar transactions, viz, the Wincey incident and the Fisher incident, not to mention other transaction in the course of this case of less importance. Hence the State submits that under no circumstances should a new trial be granted by reason of these perjured affidavits.3. A third amendment embodies a claim on
  • 1490 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: mother, Mrs. Mary Barrett. If Mrs. Maud Failey and Mrs. May Barrett, who was an employee of the pencil factory at the time this thing occurred, really knew what she now would have this court believe that she does know, then one can deliberately making misstatements as to her knowledge. But as the State believes and charges, for the purpose of protecting Leo M. Frank, who saw the importance of keeping the officers ignorant that Jim Conley was where he said he was, and where the State insists he was.The state submits that the
  • 1491 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: said paper, which was introduced on the trial of the originalcase, said Conley said, responding to said rule:"11. Respondent shows that through no fault of the CountySheriff, a sufficient inside force of guards has been providedby the County Authorities, only one man being paid by theCounty to guard twenty cell blocks distributed in twenty wingsand over five floors; that it is a physical impossibility forthis one man to keep up or even know what is transpiring on fivedifferent floors, or twenty separate immense wall and steelblocks, distributed through a large building; that with thisinadequate
  • 1492 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: whose presence was not requested or desired; that among those visitors was one whom this Respondent has every reason to believe was working in the interest of the defendant; that this party presented Respondent with sandwiches which this Respondent did not eat, that this same party also offered to present Respondent with whiskey; that Deponent was threatened with physical harm while in the County prison to the extent of the possibility of taking his life; that he was denounced as a liar, relative to his testimony in this case; and this Respondent is sure
  • 1493 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: this court a judgment overruling and denying this application for a new trial, because the State insists that if the transaction referred to in this amendment was true of belief, there would be no occasion or necessity for the said Annie Maud Carter to be spirited away and beyond the jurisdiction of the Court, as the State is informed and believes said Annie Maud Carter to be, and rendered inaccessible to the officers.That the contention of the movant, Leo M. Frank, is false is furthermore shown by a statement in the part of the
  • 1494 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: REPLY TO FIFTH AMENDMENT TO EXTRAORDINARY MOTION FOR NEW TRIAL.oooooooooSTATE OF GEORGIA,Va.Leo M. Frank.(1). No. 9410.( ). Fulton Superior Court.( ). Extraordinary Motion for New( ). Trial.State of Georgia, responding to the fifth amendment to the extraordinary motion for new trial, as allowed on May 1, 1914, says:1. With reference to the alleged newly discovered evidence disclosed in affidavit of Georgia Denham, the State says:The contention of the State was that Conley had assisted Leo M. Frank in removing the body. Even if it should be conceded that the said Conley had blood on
  • 1495 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: evidence shows that said Holloway was thoroughly in sympathy with the defendant, and hence the State insists that the affidavit of said Georgia Denham is shown by the record, through the mouth of Holloway, who was really in sympathy with the defendant, to be false. As a matter of fact, the State says that there was never any blood on said Conley's shirt. If there had been, said Georgia Denham would have immediately, being herself an employee of the Pencil Company's factory, have made such fact known.Referring to the contention by the defendant Frank
  • 1496 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The State insists that this Fifth amendment does not containa single extraordinary situation such as is contemplated by lawshould exist before the solemn adjudication of a court and juryshould be set aside. However, the State denies the truth of eachand all of the contentions as set out in this Fifth amendment,and says that the manner in which the same is shown to havebeen obtained, together with the length of time elapsing sincethe murder, all go to show that the claims are false.Wherefore, the State submits that under no circumstancesshould a new trial be awarded
  • 1497 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (ORDER OVERRULING EXTRAORDINARY MOTION.)After hearing evidence and argument on the application of Leo M. Frank, his extraordinary Motion for a new trial the same is hereby overruled and denied.May 8th, 1914.Benj. H. Hill,Judge Superior Court Atlanta Judicial.
  • 1498 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 trueTranscript of such parts of the record as are specified in the Bill of Exceptions andrequired, by the order of the Presiding Judge, to be sent to theSupreme Court in the case ofLeo M. FrankPlaintiff in Error.vsThe State of GeorgiaDefendant in Error.Inexhaustible to have evidence that theprosecution in the trial was conductedon account of the legal and moralresponsibility to bring the paperssaid thousandsWitness my signature and the seal of Court affixedthis the 20 day of June 1914(Signature)Clerk Superior Court,
  • 1499 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Filed in officeof theClerk. 191_Transcriptof RecordNo.The State ofGeorgiaVersusLeo M. FrankFileNo.Term, 191_Atlanta Circuit
  • 1500 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Slide context to be added soon
  • 1501 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: LEO M. FRANKVS.STATE OF GEORGIAREHEARING MOTION FOR NEW TRIALFROM CONVICTION OF MURDERIN FULTON SUPERIOR COURT.INDEX TO BILL OF EXCEPTIONSINDEX TO BILL OF EXCEPTIONS PRESENTED BY ATTORNEYS FOR PLAINTIFF IN ERRORMOVANT'S EVIDENCE, Pages 1-60.STATE'S EVIDENCE, Pages 61-285.MOVANT'S EVIDENCE IN REBUTTAL, Pages 284-264.11/19/14 Frank v StateWITNESSESADKINS, J. A. (State), Page 140.ALEXANDER, H. A. (Movant), Pages 72, 73, 164.ALLEN, AARON (State), Page 157.ALLEN, KATE (State), Page 157.AMENDMENT, FIRST, TO MOTION NEW TRIAL, Page 56.AMENDMENT, SECOND, Page 56.AMENDMENT, THIRD, Page 61.AMENDMENT, FOURTH, Page 65.AMENDMENT, FIFTH, Page 132.AMENDMENT, FIRST, STATE'S EVIDENCE, Page 182.AMENDMENT, SECOND, STATE'S EVIDENCE, Page 141.AMENDMENT, THIRD,
  • 1502 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: ARMSTRONG, MRS. L. L. (State), Page 62.ARNOLD, HELL (State), Page 131.ARNOLD, REUBEN, ET AL. (Movant), Page 37.BAGHIAN, PROF. G. A. (Movant), Page 6.BAILEY, MRS. MAUD (Movant), Page 56.BAKER, HARRY (State), Page 141.BARRETT, MRS. MAY (Movant), Page 60.BARRETT, R. P. (State - transcript evidence cited), Page 186.BARRETT, R. P. (State), Page 204.BECKER, H. W. (Movant), Page 30.BERNARD, B. (Movant), Page 254.BLACK, JNO. R. (Movant), Page 10.BLACK, JNO. R. (State), Pages 62, 94, 202.BOOZER, J. W. (Movant), Page 56.BOYD, W. W. (State), Page 92.BRANCH, HARLIS (Movant), Page 6.BRANDON, MORRIS ET AL. (Movant), Page 37.BRANDON, MORRIS (Movant
  • 1503 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: DAIBON, G. BURTS (movant), Page 27.DABON, G. B. (State), Page 115.DARLEY, H. V. (movant - explaining wage order blanks), Page 32.DARLEY, H. V. (State), Pages 65, 66.DENHAM, MRS. GEORGIA (movant), Pages 65, 66.DENHAM, MRS. GEORGIA (movant-rebuttal), Page 237.DEWISOR, AUSTIN G. (State), Page 120.DEVORE, R. A. (State), Page 120.DOCUMENTARY EVIDENCE (State - indictment), Page 221.DONALDSON, J. Y. (State), Page 154.DOYAL, J. H. (State), Page 130.DUFFY, J. B. (movant), Page 34.DUFFY, J. E. (State), Page 120.DUFFY, J. E. (State), Page 130.DUNCAN, S. L. (State), Page 146.DARNELL, FLORENCE (State), Page 136.REYNOLDS, MRS. MAMIE (movant), Page 24.REYNOLDS, MRS.
  • 1504 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: GANTT, J. H. (State), Page 119.GARNER, H. A. (State), Pages 96,129,130,203,206,223.GIRBSLIN, W. A. (State), Page 81.GILLESPIE, WILLIS J. (State), Page 149.GOODWIN, DAN M. (State), Page 209.GRAHAM, C. J. (State), Page 164.GROUND 1, MOTION NEW TRIAL, Page 1.GROUND 2, Page 12.GROUND 3, Page 12.GROUND 4, Page 13.GROUND 5, Page 14.GROUND 6, Page 19.GROUND 7, Page 19.GROUND 8, Page 21.GROUND 9, Page 24.GROUND 10, Page 25.GROUND 11, Page 26.GROUND 12, Page 27.GROUND 13, Page 30.GROUND 14, Page 33.GROUND 15, Page 34.GROUND 16, Page 34.GROUND 17, Page 36.GROUND 18, Page 61.GROUND 1, STATE'S EVIDENCE, Page 84.GROUND 4,
  • 1505 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: GROUND 1, (Movant - rebuttal), Page 224.GROUND 2, Page 224.GROUND 3, Page 224.GROUND 5, Page 225.GROUND 9, Page 236.GROUND 10, Page 240.GROUND 11, Page 241.GROUND 13, Page 242.GROUND 14, Page 243.GROUND 14½, Page 245.GROUND 15, Page 247.GROUND 16, Page 248.GROUND 17, Page 248.GUNTER, KAGGIE (State), Page 153.HAAS, H. J. ET AL. (Movant), Page 57.HAAS, H. J. (Movant - rebuttal), Page 233.HAAS, LEONARD (Movant - rebuttal), Pages 11,51,78.HARRIS, H. F. (Movant - affidavit presented to but not signed), Page 2.HARRIS, DR. H. F. (Movant), Page 7.HARRIS, DR. H. F. (Movant - rebuttal), Page 224.HARRIS, JACOB
  • 1506 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: JEFFERSON, MRS. GEORGE W. (State), Page 212.JONES, IVY (Movant), Page 33.JONES, IVY (State), Page 125.KARST, MARIE (Movant), Page 25.KARST, MARIE (State), Pages 106, 107.KENNEDY, MISS MAGNOLIA (State - transcript testimony at), Page 174.KNIGHT, J. O. (Movant - rebuttal), Pages 284, 287, 242.LAFFEN, MRS. CORA L. (Movant), Pages 34, 66.LANEY, W. J. (State), Page 172.LATIMER, W. CARROLL (ALEXANDER & HAS) (Movant), Page 78.LEKOFP, MAIER (Movant), Page 17.LEHON, DAN S. (State), Page 191.LEHON, DAN S. (Movant - rebuttal), Pages 226, 226, 241, 242, 242, 246.LYNN, FRED (Movant), Page 230.LACINTYRE, DAN, JR. (Movant - rebuttal), Page 229.LACINTYRE,
  • 1507 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: PAZB, PROF. J. H. (Hovant), Page 6.PAPPENHEIMER, OSCAR (Hovant), Page 4.PATRICK, G. W. ET AL. (Booser) (Hovant), Page 47.PERKERSON, FRED (State), Page 210.PERRY, EUGENE (State), Page 124.PETTIS, NELLIE (State), Pages 110, 111.PHILLIPS, JR., CHARLES (State), Page 92.PHILLIPS, JR., CHARLES D. (Hovant - rebuttal), Page 225.PICKETT, E. H. (State), Page 90.PINK, MARY ET AL. (Hovant), Page 60.PUCKETT, O. H. (State), Page 126.QUINN, H. H. (State), Page 126.QUINN, W. T. (State), Page 140.QUINN, LILLIE (Hovant - rebuttal), Page 241.REBUTTAL OF HUSBAND OF HOVANT, Page 224.REESB, FRANK (State), Page 146.RICH, MARY (Col.) (Hovant), Page 26.RICH, MARY (State),
  • 1508 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: SMITH, ORSON ET AL., (Ennis) (Movant), Page 80.STALLINGS, DR. RUSSELL D. (State), Page 140.STARNES, J. H. (State), Page 118.STATE'S COUNTER SHOWING, Page 81.STELKER, JOSEPH (Movant), Page 24.STELKER, JOSEPH (Movant - rebuttal), Page 246.STEVENS, G. A. K. (Affidavit as to Harris' refusal to sign affidavit) (Movant), Page 3.STOVER, MONTEEN (State), Page 216.TRIBLEBAUM, S. L. (Movant), Pages 20, 17, 79.TESTIMONY INTRODUCED BY MOVANT IN REBUTTAL, Page 224.THOMAS, E. D. (Movant), Page 225.THOMPSON, JOB (Movant), Page 231.WAGGONER, ROBERT L. (State), Page 130.WAITS, JAMES H. (State), Page 125.WAITS, MRS. HATTIE (State), Page 125.WELLBORN, F. J. (State), Page 113.WHITE,
  • 1509 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: GILBERT, Y. J. (A. L. Carter) (State), Page 149.GRAHAM, C. J. (A. L. Carter) (State), Page 154.GUNNER, MAGGIE (A. L. Carter) (State), Page 153.HARDIN, DR. L. SAGE (Repes) (Repes), Page 10.HARRIS, JACOB (Carter) (State), Page 163.HERMAN, JOSEPH (Leiser Loeb) (Loewent), Page 19.HOLLOWAY, R. P. (Rayfield) (Loewent), Page 12.HOLLOWAY, R. P. ET AL. (A. L. Carter) (Loewent), Page 14.HOLT, H. H. (Bailey and Barrett) (State), Page 150.JACKSON, E. (A. L. Carter) (State), Page 166.JACOBS, J. (Loewent), Page 64.JAHNER, J. CARROLL ET AL. (Loewent) (Loewent), Page 76.MOORED, MARGORIE ET AL. (Loewent) (Loewent), Page 34.MONTAG, SIG ET
  • 1510 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: WITNESSES SUSTAINING AFFIANTS.ALEXANDER, H. A. (Chief et al.) (Movant-rebuttal), Page 246.ALEXANDER, H. A. (W. J. Burns) (Movant), Page 79.BARRETT, MAY (Mrs. Bailey), Page 60.BARKARD, B. (George Epps) (Movant - rebuttal), Page 254.BURKE, E. ET AL. (Ruth Roberson), Page 256.BURKE, C. W., Page 240.BURKE, C. W. (Marie Karst), Page 242.BURKE, C. W. (F. E. Duffy), Page 249.BURKE, C. W. (Lillian Knight), Page 260.BURKE, C. W. (Carrie Smith), Page 265.BURNS, W. J. (Albert Knight), Page 230.CAMBELL, PAT (C. B. Dalton) (State), Page 118.CONROY, JOSEPH W. (Dewey Howell) (Movant - rebuttal), Page 266.DENNISTON, AUSTIN G. (Ruth Roberson),
  • 1511 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: MCKNIGHT, MINOLA (Albert McKnight) (Movant - rebuttal), Page 227MEYER, MRS. MAX (Mrs. Rachel Harris Miller) (Movant), Page 18MIOR, JOHN (Albert Minter) (Movant - rebuttal), Page 235PHILLIPS, CHAS. T. JR., (Mayfield), Page 235QUIN, L. A. ET AL. (Mayfield) (Movant), Page 12QUIN, L. A. ET AL. (Falata) (Movant), Page 13QUIN, LILLIE (Marie Karst) (Movant - rebuttal), Page 241SCHWAB, OTTO ET AL. (Bailey & Barrett), Page 260SCHIFF, H. G. ET AL. (Marie Karst) (Movant), Page 26SCHIFF, H. G. ET AL. (J. H. E. Booker), Page 31SCHIFF ET AL. (Falata and Mayfield) (rebuttal), Page 225SMITH, ORSCH ET AL.
  • 1512 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Slide context to be added soon
  • 1513 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: STATE OF GEORGIAVS.LEO M. FRANK.EXTRAORDINARY MOTION FOR NEW TRIALFROM CONVICTION OF MURDERIN FULTON SUPERIOR COURT.BILL OF EXCEPTIONS.Be it remembered that at the March Term, 1914, of Fulton Superior Court there came on to be heard the case of the State of Georgia, vs. Leo M. Frank, the same being an extraordinary motion for new trial on behalf of said Frank from conviction of murder rendered at the July Term, 1913, of Fulton Superior Court.A motion for new trial had been made during the July Term, 1913, and had been thereafter overruled. To the judgment
  • 1514 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 22nd day of April, 1914, which was during the March Term, of the said Atlanta Circuit.Upon the hearing of said extraordinary motion for new trial, movant filed certain amendments, which were duly allowed and which are of record in the case.Upon the hearing of said extraordinary motion, the following evidence was introduced:GROUND 1.J. E. EPPER sworn for the movant. On April 2, 1914, I had a conversation with Dr. H. F. Harris at the latter's office, in Atlanta, Fulton County, Georgia, concerning an affidavit from the aforesaid Dr. Harris touching his knowledge of certain
  • 1515 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: sign were correctly set forth and that the same were true in every particular, but that he would not sign the same without the addition of the paragraph above referred to because the matter was going into the hands of counsel for the defense in this case.The affidavit presented to the above mentioned Dr.Harris and which he was requested to sign under oath, and which had been prepared in accordance with the penciled memorandum made by the said Dr. Harris and the truth of which he admitted is hereto attached and marked Exhibit "A".EXHIBIT
  • 1516 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: of Solicitor Dorsey, he obtained some of the girl's hair when the body was examined, to compare with the hair said to have been found on the lathe handle and which was given affiant by one of Mr.Dorsey's assistants. Affiant states that the conclusions of hair taken from the head of Mary Phagan when compared with the specimens given him appeared somewhat different as to color, but on microsoope examination, and his impression was that the two specimens of hair were not from the same person.Affiant states that he reported the foregoing views to
  • 1517 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Form, even though it be the truth, he stated that he would not do so because it was going into the hands of Messrs. Rosser and Arnold, counsel for Leo M. Frank.OSCAR PAPPENHEIMER, Sworn for the Movant. He has been a stockholder in the National Pencil Company for a considerable period of time. Sometime after witness read in the papers that Dr. Harris had exhumed the body of Mary Phagan he called on Dr. Harris, who lives next door to witness, and with whom witness was on most friendly terms. Being interested in the
  • 1518 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: in the basement of the Capitol Building. He went there and foundMr.Dorsey there and talked with him for a few minutes. He also sawDr.Harris and Mr.Dorsey there. After completing his interview ofa few minutes with Mr.Dorsey, he became interested in some experi-ments that were being conducted, a friend and neighbor of his, Dr.Fort, being engaged with Dr. Patillo, also a friend of his, incertain experiments that were then being conducted. A portion ofthe time, he was engaged in eating some watermelon, his friend,Dr Patillo had given him. Dr. Harris, Dr. Dorsey and the Solici-tor
  • 1519 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: be alike, but the details of these variants were not discussed in witness's presence. It was stated, however, that it was the opinion of Dr. Harris from this comparison of hairs that the hair found on the lathe was not Mary Phagan's. His best recollection is that Dr. Harris so expressed himself, but he could not say positively.HARLEE BRANCH, sworn for the Movant. I am a reporter on the "Atlanta Journal." On February 20, 1914, I interviewed Dr. H.F. Harris, with reference to his examination of certain hair, said to have been found on
  • 1520 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: OTTO SCHWAR, C.J.ASHINS and GEORGE A. TILLANDER, Swornfor movant. They are personally acquainted with Oscar Pappenheim-er; that some of his associates are T.A.Hammond, Dr.J.B.Buchanan,R.S.Wessells, G.E.Carrier, John K.ORR; that the said Pappen-heimer is a person of good moral character and credibility andthey would believe him on oathDR.H.F.HARRIS, Sworn for movant (Before a Commissioner)I am State Health Officer/ I made two examinations of the body ofMary Phagan at the request of Solicitor Dorsey. He told me he wouldsend some hair from one of the machines in the factory, and a day or solater some hair was
  • 1521 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: from 50 to 100 sections in all. These tests were made shortly after my examination of Mary Phagan's body. I do not recall any conversation with Dr. Dorsey respecting the hair. It is possible these specimens of hair were returned to Mr. Dorsey after the trial. Professor G.Bachman and Professor J.W.Papez, sworn for the Movant. We have made a study of the subject of scalp hair and as to whether hair from the scalp or any part may be identified as such. The hair is divided into two parts, the root and the shaft.
  • 1522 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: or to the heir. The pigment occurs in two forms. (1) The solution throughout the cortical substance; (2) in granules varying in size arrangement and depth of color. The granules are located within and between the cells of the cortex. The layer surrounding the cortex and forming the external covering of the hair shaft is called the outicle. It is the thinnest of the three layers, is glassy in appearance, and free from pigment. It consists of a layer exceedingly thin, scale-like cells that overlap one another like the shingles of a roof giving
  • 1523 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: hair as shown under the microscope, nor is there any change in the texture of the hair and in the amount and distribution of its pigment. The apparent lightening of the hair which occurs after washing and is visible to the naked eye is due to the removal of dust and of the oil which covers the hair and which mats it together in a more or less compact mass, but under the microscope there is no change in the color of each individual hair. Some of our associates are Dr.C.H.Strother, Dr.W.F.Westmoreland and Dr.
  • 1524 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: E. F. CRUSSELLE, Sworn for the Movant.I am a court reporter and reported part of the testimony of Dr. H. F. Harris, at the trial of Leo M. Frank during the month of August, 1913, in Fulton Superior Court; the following testimony is a portion of the testimony of Dr.Harris , which I reported, and which a pears on pages 1481 and 1482 of the stenographic record of the testimony in said cause.Q.Doctor,when did Mr.Dorsey first talk with yo: about making this autopsy? A. I dont recall.Q. How long before you made the examination
  • 1525 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: or 50 feet from Mary Phagan's machine, on the north side of the room. They were ground on the outside. I don't think there were over six or eight of them. I was witness for the defendant. "Witness Negronla Kennedy, a witness for the defense, corroborated Barrett when she says (p.168) 'On Monday, April 28th, Mr.Barrett called my attention to the hair which he found on the machine. It looked like Mary's hair. . . Mary's hair was a light brown, kind of sandy color.' "This hair and blood spot - to be discussed
  • 1526 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: at the National Pencil Company in the city for almost five years past. I am acquainted with Mr. Leo M. Frank, also Mr. N. E. Barrett and knew Mary Phagan quite well and knew the color of her hair. On Monday, April 28th, I was at the National Pencil Company Factory and Magnolia Kennedy called my attention to the hair on a certain machine that N. E. Barrett was alleged to have found there. At that time I gave it as my positive opinion that the hair on the machine was not that of
  • 1527 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: light to be the hair of Mary Phagan. Attested by Geo. BurkeE.F.HOLLOWAY, L.A.QUINN, GRACE HIX, MARY PIRK, Sworn for the movant. We are acquainted with Miss Alice Marjorie MoCord; that said Alice Marjorie MoCord was well acquainted with Mary Phagan during her lifetime. She could well know the color of Mary Phagan's hair and she was in a position by reason of seeing the hair claimed to have been found by the witness Barrett upon the second floor of the factory, to determine whether the hair found by Barrett looked like the hair of
  • 1528 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: R.L.Graven is not the truth, and that the evidence I gave at the above named trial was not the truth. It is true that my wife, Minola, was employed at the home of Mrs.Selig, where Mr.Leo M.Frank resided, and it is true that on Saturday, April 26th,1913, I called at the Selig home to see my wife, Minola, but I reached the Selig home on the date in question a little before twelve o'clock noon, and I heard the twelve o'clock whistle blow at the Southern Railway shops after I reached the Selig home
  • 1529 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ing this statement, or at the trial of Mr.Frank, I will testifyto all stated by me in this affidavit, mly because it is thetruth, and I further state that I gave talked with no one aboutthe case, and my evidence in the case referred to in this affidavit,except C.W.Burke, who has plainly stated to me that he represents thefirm of Rosser, Brandon, Slaton & Phillips, in the interest of Mr.Leo M. Frank, and Mr.Burke has made me no promises whatsoever, orheld out any offers of reward, and the evidence I give hereinis made of
  • 1530 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: siderably after the trial and conviction of Mr.Frank that I acquainted his lawyers with these facts, and I then told either Mr. Leonard Haas, or Mr. Herbert J.Haas, I do not now recall which. The reason that I did not know the importance of my having seen Mr.Frank at this time, I did not know that it would have any bearing upon the case and when I first learned that it would have a bearing on the case I was then reluctant to tell these facts, as I desired to avoid notoriety and publicity;
  • 1531 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Broad at 1:10, and yet here is the paper containing your admission made in the presence of your attorney, Monday morning, April 28th, that you didn't leave the factory until 1:10.Gentlemen, talk to me about sad spectacles, but oh!the sad spectacles that I have witnessed through one that don't know who did it, I don't know in ignorance of who did it, but I know so my grave Curran girl, the daughter of a man that works for Montag, in the case this to prove this for this red-handed murderer, who killed that little
  • 1532 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and some of her associates are Miss Dollie Evans, Atlanta, Ga., Miss Hattie Phillips, Atlanta, Ga. Mrs. Ethel Harris Miller is a person of good moral character and credibility, and we would believe her on oath.B. W. WIDAUER, Sworn for the Movant. I am personally acquainted with Major LeKoff and have known him since his birth. His character for truth and veracity is good. Said LeKoff's associates are, among others, Joe Weinberg, Ike Eplan, Sam Hirswits, Ike Hirswits, Joe Hermann, Sam Simplican and S. B. Edison.MRS. M. MEYER, Sworn for the Movant. I and
  • 1533 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: stand to testify. Before I went on the stand, Solicitor Dorsey came into the room where the girls were confined and gave us all a lecture and told us that when we went on the stand to go right ahead and tell everything we knew and answer his questions right off sharp and quick. While the girls before mentioned were crowded in said room, a great deal of talk and gossip going on among them, and many of them said they were afraid to go on the stand and testify to an untruth and
  • 1534 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: RUTH ROBERSON, Sworn for the Movant. I was a witness in the case of the People against Leo M. Frank, and on the morning of the day that I testified in the case a police detective whose name I believe to be Bass, whose name was Bass, came to my house and conducted me to the office of Solicitor Dorsey. This was my first meeting with Mr. Dorsey. The meeting was in a room in a building that I believe is opposite, or in the vicinity of the building in which the trial was
  • 1535 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: location of such room or place in the factory, and that I knew of other girls that had been to this room with Mr. Frank. I was shocked by the broad insinuation and affirmative statement of Mr. Dorsey, and I told him that all such statements and allusions were lies, and that I had never heard of any such thing ever occurring in the factory, or elsewhere, as to Mr. Frank and any girl employee of the factory were parties to; and-I state now after mature deliberation and thought, that I have never heard
  • 1536 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: until about twelve o'clock when I went to the courthouse and took the witness stand. Before Mr. Dorsey went over to the courthouse, he came into the room where the girls above described and I, myself, were, and gave us a lecture and told us all that when we went on the stand to go right ahead and tell everything we knew and answer his questions right off sharp. After the lecture I didn't see Mr. Dorsey again until I went on the witness stand at the courthouse. While remaining in the large room
  • 1537 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: heard Maggie Griffin tell her what to say. I don't believe either one of these girls appreciated what it was to swear falsely, as they were giggling and laughing over the evidence they were to give when they went on the witness stand.JOS. SPERKER, FRED ZITMAN, EULA FLOWERS, LEONARDJACOBUS, Sworn for the Movant. We are acquainted with Miss Ruth Robertson, and her residence is in the City of Atlanta. She could have knowledge of the facts testified to by her by reason of the fact that she had been an employee of the factory,
  • 1538 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and at this point, I said that Mr.Frank shut the door and disappeared. When I was on the witness stand I only answered such questions as were put to me by the Solicitor General or by counsel for Frank. If I had been permitted to tell the facts in my own way I would have told them exactly as I am telling them now. When Mr. Frank opened the dressing room door and looked in and asked the girls if they did not have any work to do, none of them were in an
  • 1539 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: unbecoming to a lady. I was brought into the case against Mr.Frank by detective Bass Rosser and was subpoenaed to the officeof Mr.Dorsey twice before the trial and questioned very closely byMr.Dorsey. He told me to say that Mr.Frank's general character wasbad and as illustrating to me how he desired me to state that Mr.Frank's character was bad, he said, "I want you to state that hischaracter is bad just as you would state that Mayor Woodward'scharacter was bad, and in the same manner you had heard that Mr.Frank's character was bad. That is
  • 1540 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: MARY RICH, SWORN (Before Commissioner D.O.Smith) I knew Jim Conley on April 26,1913. I don't know whether I would know him now or not. Jim said it was Memorial Day. I saw him after the noon hour, after two o'clock. I asked a man who some along and he said, it was 2:30. Jim had gone before that time. I saw him between Madison Ave and Forsyth St. on Hunter St where I have been selling lunches for 3 or 4 years. He bought a 20¢ dinner from me and has not paid me
  • 1541 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: telling a falsehood and I then and there told detectives Camp- bell and Starnes that so far as my knowledge of Leo M.Frank went or was concerned that the said Leo M.Frank was a gentleman in every respect and way. Detectives Starnes and Campbell laughed at the declaration I made in defense of Leo M.Frank and treated my statement as a joke, and further that they would and did insist that I admit that I knew Mr.Frank to be a man of bad character, and that I had seen Mr.Frank go into closets and
  • 1542 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: al immoral acts with them or attempted to do so or asked to do so. I did tell detectives Campbell and Starnes that I had been in the basement of the National Pencil Factory with one Daisy Hopkins for immoral purposes, but I told the detectives then and I now say that that I never went to the factory with Daisy Hopkins with the knowledge or consent of Leo M. Frank, but I did the detectives Campbell and Starnes at the time of the conversation referred to in this statement and I now state
  • 1543 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: GROUND 14H. F. BOEKER, Sworn for the Movant: I was master mechanic at the National Pencil Factory in September, 1908, until the last Saturday in December, 1912. During that entire time I signed factory orders for all goods and supplies. I had authority to sign all orders for all goods and supplies I needed. The only other person who had authority to sign orders was Leo M. Frank. The method adopted by me and Mr. Frank in connection with the purchase of supplies was as follows: The orders or requisitions were made on pads
  • 1544 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: said letters and loop were made by me, but if the original paper was shown me I could be more certain. At the time I left Atlanta the entire supply of blanks, containing the figure "190" on the date line had been exhausted and a new stock of order blanks containing the figures "191" had already been put in use. Shortly before leaving Atlanta I personally packed up all of the duplicate orders on carbon copies which I had written and which had already been filled and sent them down to the cellar of
  • 1545 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: man of good moral character and credibility and we would believehim on oath in a court of law.H. G. SCHIER, N. V. DARLEY, sworn for the State. OnApril 26, 1913, we were connected with the National Pencil Companyas assistant superintendent and head foreman respectively. Wenow act as superintendent and head foreman respectively. We arefamiliar with the order blanks in said factory and make thisaffidavit with respect to the four books attached, marked 1, 2,3 and 4. Book #1 is an ordinary pad such as is in use at thepresent time at the factory, and
  • 1546 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Slide context to be added soon
  • 1547 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Bud Perry, and I did not meet anyone at home that day that I knowother than Bud Perry. attested by C.C. Burkeas Notary.GROUND 16.HELEN FERGUSON, Sworn for the Movant.I was employed at the National Pencil Company. I knew Mr. Frank very well when Isaw him. I also knew Mary Phagan far about a year. I never saw himMr.Frank address Mary Phagan by name, and I never saw himtalking to her in any friendly manner. During my employment atthe factory, I never saw Mr.Frank drinking with women in his of-fice. On the Saturday preceding the
  • 1548 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 1913, and while at work there I was injured on the index finger of my left hand, being at work at a machine on the second floor of the building in the metal department. When I received this injury there was a vast amount of blood run on the floor at the end of the machine upon which I was at work and the machine referred to was directly opposite the one upon which Mary Phagan was employed. I knew Mary Phagan when I saw her and during my employment at the National Pencil
  • 1549 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: then went directly to the Atlanta Hospital where Dr. Ballinger waited on me. It was very possible, and quite probable, that blood dripped from my wounded hand upon the floor as I was passing the aforesaid dressing room, and I am not willing to state that blood did not drip from his hand to the floor in front of the dressing room already referred to. I was paid $7.50 for two days attendance in court by the Solicitor.GROUND 18.MRS. M. JAFFE, Sworn for the Movant. I have known Leo M. Frank for about three
  • 1550 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: to all of the facts contained in this affidavit, and to any other facts in her knowledge which may be material. Among my associates in Atlanta, Georgia, while I resided there were Mr. and Mrs. Greenblatt, Judge and Mrs. Fred Powers, Dr. and Mrs. B. Wildauer, Mr. and Mrs. J. Saul, Mr. J. Saul, and my physicians, Dr. Manget and Dr. Sommerfield.F. M. POWERS, J. D. MAMGET, Sworn for the Movant. We are acquainted with Mrs. M. Jaffe. Her character and reputation are good and Mrs. Jaffe is worthy of belief and we would
  • 1551 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: seeking information with reference to his case and in looking up and discovering such witnesses as might be of advantage to him. The atrocity of the crime, immediately upon its discovery, created great excitement and intense bitterness. Suspicion being pointed to Frank, he immediately became the center of many sensational stories and of intense and widespread bitterness. The public press, spurred on by the wide interest in the case, published almost daily, wild sensational stories painting the atrocity of the crime. Numberless wild and incredible stories were published about Frank, linking him with crimes
  • 1552 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: its beginning to its inception, is accurately set out in the original motion for new trial, and certified to by the Judge. At times, when the presiding Judge would decide against the defendant the crowd would make demonstrations of approval. As illustrating the conditions surrounding the trial of Frank, and of the prejudice and bias in the public mind against him, attention hereto, as exhibit A, grounds sixty five, sixty six and seventy five of the original motion for new trial, certified to by the presiding Judge. The facts alleged in this exhibit are
  • 1553 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: upon the crime and its perpetrator. These assistants gave their time to it for weeks and months, under the guidance and direction of ourselves, and each of these reports was investigated and verified in an effort to bring to light every fact and circumstance connected with the crime. We, in person, conferred with every person of whom we had any knowledge who was in any position to know the circumstances surrounding Frank's life before and after he reached Atlanta, the facts and circumstances of the crime and any facts or circumstances throwing light upon
  • 1554 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: pany at that time, and whose business it was to secure and obtain supplies for the National Pencil Company; that it was his practice to write out the requisition, sign it with his name and send it by an apprentice to the place where he desired to secure the supplies; that it was the practice and custom of Mr. Becker to sign the requisition, send the original to the place where he secured supplies and retain a carbon duplicate thereof in his own office on the fourth floor of the pencil factory; that the
  • 1555 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: only information we were able to get was that one Barrett had found some hair upon the lathe, but we learned of no one who was willing to say whether the hair found was that of Mary Phagan or not. We had no opportunity to make any comparison between the hair found on the lathe and the hair of Mary Phagan, and we did not know that Doctor Harris, when he made the autopsy had taken some of the hair from Mary Phagan's head and that he had made a microscopical examination and comparison
  • 1556 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and other organs of Mary Phagan, but made no statement at all with reference to the taking of the hair of Mary Phagan from her head during the autopsy, and examining it in comparison with the hair found on the lathe in the metal room. Dr. Harris was upon the stand twice, an interval being had in his examination by reason of his sickness, and at neither time while on the stand did Dr. Harris intimate that he had made any examination of this hair. While on the stand he was asked what part
  • 1557 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: trial had been overruled and after the case was affirmed by the Supreme Court. With reference to the hair found upon the lathe, we made inquiry, extensive inquiries of employees of the factory as to any information they had with reference to this hair found on the lathe.We had no information, nor did we know, that Miss Jimmie Mayfield had ever been shown the hair, which Barrett claimed to have taken from the lathe. The information that it had been shown to her came to us after the trial, and after motion for a
  • 1558 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: did we know or have any knowledge that McKnight admitted that hefalsely swore as to the other facts which he now admits that hedid falsely swear to,set out in his affidavit shown to the courtat the hearing and submitted to the court in verification of theextraordinary motion for a new trial.McKnight was a witness for the State at the jury trialand testified as he now admits, falsely "that he looked in themirror from the kitchen and saw Frank in the dining room of hisfather-in-law's home" and that "he did not eat any dinner" that"he
  • 1559 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: had been affirmed by the Supreme Court that in truth Miss Howell did not know Mary Phagan;and did not see or hear Leo M.Frank speak to Mary Phagan; that she had never seen the defendant and Mary Phagan together, and that she knew the facts, and would testify to the facts set out in her affidavit to the court shown at the hearing. We did not know until after the trial, and after the motion for a new trial had been overruled, that Miss Ruth Robertson would testify as is set out in her
  • 1560 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Jom s was a witness for the State and testified at the trial that he saw Jim Conley at the corner of Forsyth Street between one and two o'clock and he left him at the corner of Hunter and Davis Streets a little after two o'clock. We did not know that he would testify to the contrary and that he wouldn't testify as is stated in his affidavit.We did not know, nor did we have any opportunity of knowing, until after the date of the trial of Leo M.Frank and after the date of
  • 1561 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: we did not know during the trial, nor until after the motion for the new trial had been overruled, that Mrs. Marie Edmunds (formerly Mamie Kitchens) would testify as she has testified in her affidavit here to the court shown, dated April 12, 1914. Mamie Kitchens was a witness for the State at the original trial and was cross-questioned at length by one of these defendants; we did not know, nor did we have any reason to suppose that the facts existed as set out in her affidavit to the court shown at the
  • 1562 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: as Mr. Dorsey, the Solicitor-General, was leaving the court room a largecrowd assembled in front of the court-house and, in the hearing ofthe jury, cheered and shouted "Hurrah for Dorsey",(e) That during the trial, on Saturday, August 23, 1913,when Court adjourned and Mr. Dorsey emerged from the court room, alarge crowd, standing on the street, applauded and cheered him,shouting "Hurrah for Dorsey". At that time the jury was between thecourt house and what is known as the Criminal Court Building, near enoughto the crowd to hear the cheering, and some of the jury werein
  • 1563 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: jury,and before more than one juror had been polled, to such an ex-tent that the court had some difficulty in proceeding with thepoll or the jury,which then in progress and not finished.In-deed so great was the noise and confusion without that the courtheard the responses of the jury during the polling with somedifficulty.While you was about ten feet from the jury.In thecourt room, shouting to the jury, lawyers, newspaper men and officers ofthe court, and among them there was no disorder.GROUND 75.Public sentiment ceased to the Co rt to beagainst him.The court room was
  • 1564 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: when the verdict was rendered and Mr. Dorsey left the court room, he was met at the court house door by a multitude. He was carried upon the shoulders of a part of the crowd and carried, taken upon the building opposite, wherein he had his office, and partly toMORRIS BRANDON, Sworn for the Movant. I did not take part in the actual trial of said case, I therefore know nothing of what transpired at the trial. I did not have actual charge of the preparation of the case, therefore I can not say
  • 1565 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I did not see the hair that was claimed to be found on the lathe by one Barrett. I understood that Barrett had found certain hair upon the lathe, but I have never had any opportunity of examination or to see it, or did the officers or any opportunity to see and know whether it was or was not similar to the hair of Mary Phagan. I did not know until after my trial, and after my case had been affirmed by the Supreme Court, that Dr.Harris had in fact taken hair from the
  • 1566 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: case had been affirmed by the Supreme Court that any other party, or parties, had opportunity to examine the hair found by Barrett and to say whether or not it resembled the hair of Mary Phagan.I did not know that Miss Jennie Mayes had, nor that Miss Cora Falta, nor that Miss Alice Marjorie Mangum had ever examined or seen the hair claimed to have been found by Barrett, or that they had any knowledge as to whether the hair so found was the hair of Mary Phagan. The first intimation I ever had
  • 1567 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: to account for myself between these two times, I did my best toremember who I saw between those times and do as best I could Icould not remember that I had spoken to Mrs. Miller at the time,nor do I remember with certainty now her testifying to me as testi-fied to by her in her affidavit. Mrs. Miller is a woman of verac-ity and character and I feel sure that she did see me and that ifthe matter had become important immediately after the crime Icould and would have remembered the fact.I did not
  • 1568 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: after purchasing said dinner he turned,carrying the dinner in his hand,toward the Pencil Factory and that said Mary Phagan saw no more of Jim Conley during that day.I did not know C.Darbus Dalton, and had never seen him until he was placed on the stand. I had no idea that said Dalton would or could be a witness against me, I never had seen Dalton and had never had anything directly or indirectly to do with him.- I have not seen said Dalton since he testified,nor have I had any opportunity to see him.
  • 1569 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: State upon the trial, but I did know at the time of the trial or until after the date of Helen Ferguson's affidavit, dated April 9, 1914, to the Court shown at the hearing, that she would testify to the things in said affidavit set out. I did not know until then that Conley had had the conversation with Helen Ferguson set out in her said affidavit.I had no opportunity myself to know what J. E. Duffy would testify to on the trial nor did I have any opportunity to discover whether or not
  • 1570 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: For several weeks prior to April 1,1913, Mr.Leo M.Frankpaid me a dollar a week out of Jim Conley's pay on account for awatch purchased by Conley from Patric & Thompson. I collected adollar in this manner on March 8,1913,March 15,1913,March 22,1913,March 29,1913,April 5,1913, and April 19,1913. On April 26,1913,I was unable to get to the Pencil Factory by one thirty o'clockin the afternoon, it being customary for me to go to the PencilFactory by that time each Saturday to get the dollar and I did notcall at the factory that day. On the afternoon
  • 1571 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: L.K.ROSSER,MORRIS BRANDON, R.R.ARNOLD, HERBERT J.HAAS, LEONARD HAAS, Sworn for the Movant. We did not, at thedate of the trial, nor until after the Supreme Court had affirmedthe case of Leo M. Frank have any knowledge of the fact that J.W.Boozer knew and would testify that Jim Conley was on Peters Streetin the City of Atlanta, on the 26th day of April, 1913, between thehours of four and four thirty o'clock. We (except Morris Brandon,who did not have active control) made active search to trace Conley dur-ing each hour of the day of April 26,
  • 1572 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: mother left me at the store to go to the pencil factory, promising to come right back; and after waiting at the store for about ten minutes, I decided to walk toward the pencil factory to meet my mother; and, upon arriving at the factory, inasmuch as I did not meet my mother, I entered the factory and went to the second floor near the time clocks, one of which registered fifteen minutes until twelve o'clock, noon, and the other one showed thirteen minutes after twelve o'clock. When I reached a point opposite the
  • 1573 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: passed right on down the stairway that lead to the 1st floor and I did not see the girl again. Just as the girl left the office floor, I saw Mr.Frank in the outer room of his office and saw him disappear into his private office, where I could not and did not see him again. In about five minutes after the girl referred to left the factory, my mother came down the stairs and she and I at once left the factory. When I reached the bottom of the stairs, Lemmie Quinn was
  • 1574 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Georgia, on April 22, 1914, and in each part of Mrs. Bailey's affidavit where in reference is made to me, same is the truth and in every way correct.L.Z.ROSSER, MORRIS BRANDON, REUBEN R. ARNOLD, HERBERT J. HAAS, LEONARD HAAS. Sworn for the Movant. We are of counsel and the only counsel of Leo M.Frank in the case above stated. All of us were counsel of Leo M.Frank at his trial, at the July Term, 1913, of Fulton Superior Court, except Leonard Haas, said Leonard Haas having become connected with the case after the motion
  • 1575 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: knew him well for four months straight in jail. I talked daily with him about all his affairs and I asked him if he was guilty or not, and he first told me no, that he was innocent; that God above alone knows who did the murder, and I said if you were not guilty, why should you worry, so, and he told me he was so near guilty, he felt lost; that he had lost all hope. During Nov. and Dec. 1915, we were very good friends in jail, he had all confidence
  • 1576 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: he knew that I would'nt work; that afterwards he went and got drunk, went home and started to leave town, but that he knew that that wouldn't do, so he stayed here to show that he wasn't guilty. He begged me not to say anything about this, that he wanted to serve his twelve months so that he would be free; that if he couldn't get me he would go north and marry some white woman around Cincinnati. He also told me that he kept the money but gave the purse to a negro
  • 1577 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: getting 18 months sentence, that Jim was doing a lot of talkingand that if he didn't stop talking so much, he was going to talkhis neck on the gallows. This morning somebody came after me to goto Mr.Dorsey's office. I went there and he told me that I mustremember that Annie's case hadn't been settled yet and he said thatthe best thing I could do for Annie and myself was to bring Anniedown there to him. I told him I didn't know where she was and allI could do would be to ask the
  • 1578 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: connection of James Conley with the murder of Mary Phagan, and neither of us had any knowledge of any of the facts and circumstances set out in Exhibit A, hereto attached, at the date of the trial of Leo M. Frank, nor until the date of Exhibit B, hereto attached, we knew nothing of the facts set out in Exhibit B, hereto attached nor could we possibly have known the same by the exercise of any manner of diligence. (Exhibit A referred to in the above affidavit)5TH AFFIDAVIT TO MOTION FOR NEW TRIAL(GROUND 1-a)
  • 1579 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: those present t the time were Mrs.Georgia Denham,R.P.Barrett,Cora FIata, Marjorie McCord, Miss Jimmie Mayfield.GROUND 1-o. GEORCIA DEKHAH, Sworn for the Movants. I was presentin the metal room at the National Penoll Company's plant on MondayApril 28th,1913, when some strands of hair were found upon a cor-tain lathe, and which were sought to be identifled as the hair ofMary Phagan, deceased. I was well acquainted with the deceasedMary Phagan, and with the color of her hair, and the hair abovementioned was not the hair of Mary Phagan. It was entirely toolight in color to have
  • 1580 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: down. I would write him notes, and he would write me; but he went be-yond himself in writing to me and I brought them back to him andasked him for my letters. I would lay them down and go downstairsfor something and I would come back and they would be gone, and intwo or three days, I would find them lying around in a peculiar place.I don't know whether any of these letters were dated. I didn't paythat much attention to them. He would write six or seven pages inone letter, and as high
  • 1581 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Letter 1.My dear little girl:I got letter and feel alright now and is not made with you at all now, and I believe what you say about old Jim since I read your mother's letter. I still love you and will always love you, but I must tell you I have a wife that will tell people to kiss her ass.Well, I will forgive you all about that now, and let us see how much we love each other Baby Doll. I love you more than you can know. I love you with all
  • 1582 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Letter 2.Now Baby Doll Papa got your letter and was very glad to hear from you, and will be glad to get your picture. Now Baby you know we dont want to get mad any more, so you tell me now what is that, that somebody has told you-a-bought me. Let me know, it will be alright.Dont hold it back because I love you so to tell me know what it is. I wish I was up there with you was dressing so I could feel your ass. Baby I will give you the
  • 1583 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: So you ask your lawyer do he think it would be best toget out on bond.Well Dear dont worry about a thing for Papa love you andmy step mother love you, so tell my sweet Doll, her I say hello,so this is all, go to sleep now, Baby Doll, Sweet Dear, bye bye.(Signed) James Conley.P. S. On back of page 2.Miss Annie Carter Conley, got a fat ass and a sweet peehole. I do believe and they will be mine soon (blank) I willjust want that ass, Honey.P. S. On back of page 4.James
  • 1584 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Well baby doll papa has got your letter and was glad to hear from you, to know that you are feeling fine. Well honey you know if we do what we can we can love each other just the same and when we get out we have all that I have got to do then is to go and get what I have got put up and give it to you. Darling I know you told me to Judge well, That alright Papa will do anything that you tell him but baby papa is
  • 1585 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Letter 5. (1st page)Atlanta, Ga., Jan. 26, 1914.My Dear little girl--I got your letter and I did not that you was playing your lime because to all in hard---- Aint that so honey I dont think that you care for me to come up I know you dont want me to come up so dont worry that I love you just the same All right I want some women that can work her ass and I believe you can---- so dont worry about that either---- no woman and no little girl "Over" on next
  • 1586 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Good pussy Annie Maude all I know that your ass is fat you need not say that it isnt and I know your pussie is good and fat and warm and hairy. How do I know because my dick stay on a hard all the time.When you pass this door every nick say here she go and do you know little girl that your dick say to my heart. I love you more than any man that you love with and how I and how I love you so much is because I believe
  • 1587 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Good pussy Annie Maude all. I know that your ass is fat you need not say that it aint and I know your pussy is good and fat and warm and hairy. How do I know because my dick stay on a hard all the time.When you pass the door click click say here she go and do you know little girl that I love you to my heart. I love you more than any man that ever went with and how I man love you so much is because you went with me
  • 1588 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Back of Page (2)To Miss Smart. Answer if you like for I am not no fool either. Understand it too and I am not mad with you.Letter 8.Atlanta, Ga., February 14, 1914.Miss Annie Conley, 92 Tallwall street, Ga.Well dear I Judst don't know what to say. You say you are made with me and it hurt me to my heart. Did I tell you that love you and love nobody but you and I think if you Go back on me I don't know what to do. So baby dont me mad be with
  • 1589 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: have wrote all the paper that I have got. Now you know that I love you and will do all in this world for you. If I could get you in there I could make you love me or try like hell one. For I love you with all the love in the world. If I didn't make you love me I would by love from you if it takes every dollar I have got.P. S. at top of page (3). Annie I spelled my words so that you can understand them. I am
  • 1590 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: before the 15th of next month and if I get out I will help you all. I can Annie Bear, because I love you so much=If I tell anybody where my money is they will go and get the whole dam bunch= Then I never would get it and the State may be so long paying me, they would not know what to do then but dont you worry.
  • 1591 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: R. P. BUTLER, W. V. DARBY, H. G. SCHIFF, BULA FLOWERS, JOE WILLIAMS, JOS.STEIKER, R. W. LOEB, L. A. QUINN, P. SIGANSKY, Sworn for the Movants.We are acquainted with the handwriting of Jim Conley. We have examined the letters attached to Annie Maude Carter's affidavit and the same are in the handwriting of said Jim Conley.SIG MORGAG, H. HEIN, CHARLES LEEB, Sworn for the Movant. We are acquainted with R. P. Butler or H. G. Schiff, Rudolph Loeb, P. Sigansky, Jos. Steiker and Miss Bula Kay Flowers and know their general character for truth
  • 1592 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the least doubt in my mind that these letters were written by thesame person who wrote the notes found by the dead body of MaryPhagan.S. M. NETTLEBAUM, Sworn for the Movant.I am a court reporter andreported the oral argument made by Solicitor General Hail Dorsey tothe Jury in the matter of the State vs.Leo M.Frank in Fulton SuperiorCourt, on August 22,23 and 25th.The Solicitor made the followingstatements:(page 78) "...this man Frank, by the language of these notes, inattempting to fasten the crime upon another, has indelibly fixed itupon himself.I renente it.We indelibly fixed it
  • 1593 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: eral character for truth and veracity. The same is good and we would believe them on oath in a court of law.WILLIAM J. BURNS, Sworn for the Movent. In the office of Solicitor General Dorsey I carefully examined the clothes taken from the body of Mary Phagan and found the same to be the following condition: The inside seam of the drawers was cut, not with a sudden rip, but deliberately, by one who took his time in doing it. The cut began at the lower right leg, continuing up across the crotch and
  • 1594 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: ed me to make a comparison of the handwriting which appeared on the two notes found by the body of Mary Phagan, and copies of which appear as State's Exhibits Y and Z in the brief of the evidence filed in this case, with the handwriting of the letters attached to the Annie Maude Carter affidavit of date, 28,1914. Mr. Haas placed in my possession these letters, together with the original notes. Mr. Haas gave me these exhibits with the statement that I was to compare the handwriting and to give my opinion as
  • 1595 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: COUNTER SHOWING OF THE STATE.GROUND 1.W.A. GHEESLING, Sworn for the State. I am the undertaker who took charge of the body of Mary Phagan and who swore upon the trial of the case of the State of Ga. vs. Leo M. Frank and Jim Conley. On Sunday morning, April 27, 1913, one of the first things that I did was to clean up the body of Mary Phagan, and among other things I washed her hair thoroughly with pine tar soap. The effect of pine tar soap on hair is always to change the
  • 1596 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 the party referred to in the above affidavit of Mr. John W. Coleman, and that I did so exhibit the hairs recovered from the factory and delivered to me as the hairs recovered by Barrett on the lathe at the National Pencil Company, and the hairs examined by said J.W.Coleman are the same hairs recovered and said J.W.Coleman did as above indicated state upon examining said hairs at the city police headquarters, that to the best of his knowledge and belief they were the hairs
  • 1597 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: entirely too light in color and was not of the same texture as that of Mary Phagan." This statement is false and untrue. I did not say positively that it was not Mary Phagan's hair, for I did not know, and do not know now. I did say that the hair Mr. Barrett showed me was too light for Mary's hair, but I could not say positively that it wasn't her hair. I have read the foregoing statement which I made in the presence of officers J.N.Starnes, and Pat Campbell and my father and
  • 1598 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: have me quoted as saying "positively that the hair on said lathe was not the hair of Mary Phagan, and that the same was entirely too light in color and not of the same texture". This statement is absolutely false and untrue.3RD GROUND:BASS ROSER, Sworn for the State. I have examined the stenographer's report of the trial of the case of State vs Leo M. Frank. Same comprises seven large volumes, written on legal cap paper, and covers 3,647 pages.4TH GROUND:ALBERT McKNIGHT, Sworn for the State. I have heard read to me the affidavit
  • 1599 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: looking for me. He told me to leave town that Sunday before the Conley case came up the next week. He told me not to let them get me by any means. I asked him if I went to Stockbridge to my mother's would that be all right, and he said yes, just so I got out of town and didn't let them get me. After I was hurt they took me down to Fairhaven Hospital, colored. When I was down there Burke came down and brought a man by the name of Burns
  • 1600 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the second time and I wasn't there, and he come again, & think it was Thursday or Friday, and I wouldn't make him no affidavit, and then he says "I will come to see you Sunday afternoon, will you be here, and I said yes sir, and he said I will be here at 2 or 3 o'clock and I said all right, and so he come out there that evening. There was nobody with him that Sunday & gave him the affidavit, and he told me, he says "there isn't one out of
  • 1601 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the head man, and me and these other two fellows were standing in the waiting room and he reads this affidavit over to me, or pretended to read it to me, whatever he read sounded like the first affidavit I made for him, and I signed it, and after I signed he says "this is your affidavit there Bud" and I said "yes sir" and I held up my right hand and swore to it and he says all right good bye and they passed by Mr.Burk and I goen back into the cook
  • 1602 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: around and walked out and he told me other things connected with that matter at that time. I asked him to make a statement and he said he was afraid they would lock him up. I told him he needn't be afraid if he told the truth, and that he knew anything and it was the truth, he ought to tell it. I told him I cautioned him not to tell anything but the truth and to be very careful what he said, because it was a very serious matter to accuse a man
  • 1603 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Lessitt was the truth. I was present at the police headquarters when Minola McKnight made her affidavit sustaining everything that Albert McKnight said to me. Albert McKnight, in the presence of his wife, Minola McKnight, stated that what he had said was the truth, and Minola McKnight at last admitted that it was the truth. George Gordon, who claimed to be the attorney for Minola McKnight, heard every word of the paper which Minola McKnight signed, read over to Minola McKnight, and was present when Minola McKnight signed her name to that paper, which
  • 1604 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: breakfast table Sunday morning and my wife was listening from thekitchen. Then Mrs. Frank was only paying my wife $3.50 per weekup to the Saturday of the murder and they told her if she would nottalk they would pay her $7.00 per week and she would not have towork as late as she had been doing. And far her to say nothing atcourt but what they told her to say. They gave her $5.00 extra theday she went to court. They examined my wife money all along asshe is buying lots of messessand which
  • 1605 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: operating on his mind in telling what he did. Albert McKnight is present when I sign this affidavit and has heard read over to him the same before I signed it, and Albert McKnight says that wherein reference in this affidavit is made to him and what he said and did, the same is absolutely true.ANGUS MORRISON, sworn for the State. I have been working for the Book & Gregg Hardware Company for fourteen years. I heard the affidavit this day signed by R.L.Craven, dictated, and I have read over and seen him sign
  • 1606 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: X nevernever came back to work after the newspaper published the repudia-tion of his evidence of the State. April 15, 1914.W. H. BOYD, Sworn for the State. I know C.W.Burke. I run the Tex-minal Restaurant. Albert McKnight was working in the restaurantin the capacity as pot washer. On the 15th day of April,1914,Burke came to me and told me that McKnight wanted to quit. I didnot know McKnight until Burke came and told me that he wanted toquit. Lehon and another man were with Burke at the time. Burketalked with McKnight, I don't know
  • 1607 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: end described her costume to my friend who said:"That's right,she was wearing clothes of that kind."8TH GROUNDMRS. CARRIE SMITH, sworn for the State. On Monday night,April 20,1914, at about 10:00 o'clock I was standing at a weiner stand im-mediately in the rear of the Metropolitan Club building near thecorner of South Forsyth and West Mitchell Streets. A man who hadintroduced himself to me who had been passing under the name ofMaddox and who represented himself to be a book agent and said hewas at work getting up a book, came riding by in an
  • 1608 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: was bad. Some time after the trial of the case I was requested by Miss Marie Karst to meet her for the purpose of going to a show on the 7th floor of the Grant Building. I went up there and there found this same fellow Maddox who undertook to pay me $20.00 to sign his affidavit. Miss Marie Karst was not present and I did not get to see her. There was another man with Lurie who undertook to talk to me also about the case. After telling the Solicitor General on this
  • 1609 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: at the time. I don't know, of course, what Frank and this woman were doing in there, but I do know that they were in that room which was supposed to be used only by the girls as a dress room, and I don't know of any business that could have been carried on in that room by Frank and this woman that was right and proper or connected with the National Pencil Company's business. The key to this room was carried by the woman I saw go into this room with Leo M.Frank.
  • 1610 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Frank and know that he was a man. I didn't pay much attention to what the girl had to say. I talked to Solicitor General Hugh M. Dorsey in the presence of Mr. Hass Rosser, city detective. The day I went on the stand Mr. Dorsey came into the room in his office where all of the girls were assembled, including Miss Nellie Wood. Mr. Dorsey stated that the time had now come when the State would introduce evidence with reference to Leo M. Frank's general character. He said he had been over and
  • 1611 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: won't forget it." I have heard people say that Frank was a man of bad character. This was the general talk among the girls in the factory. I heard the employees in the factory talk frequently about Frank being attentive to the women working the factory, whose reputation were bad, and I have seen myself Frank spend a great deal of his time with this woman whose reputation was bad. I don't know myself that anything wrong every occurred between them, but I do know that he devoted a great deal of his time
  • 1612 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: to be Burns detectives, asked me if there was anybody else besid.s myself that I knew who had seen Frank go into the dressing room with women. I stated that my recollection was that Miss Myrtle Cato saw this occur. They then asked me where Miss Ce to worked and I told them she worked in S. M. Inman drugstore and I added, "you go there to see her and you will get the same dose you got here." H. A. GARNER, Sworn for the State. About 7:00 o'clock p.m. on April 24, 1914,
  • 1613 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: RUTH ROBERSON, Sworn for the State. I worked at the NationalPencil Company for three years and was working there during theyear 1912, up until the middle of April, 1913, just a few weeksbefore Mary Phagan was killed. I have known Mary Phagan ever sinceshe has been a very little girl, having known her in Cobb County,where we both lived. I knew Leo M.Frank. I have had read to me theevidence that I gave on the trial of the case of the State vs.Leo M.Frank. Every word of it is absolutely true. I did seeFrank
  • 1614 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Frank case. I can positively state that I do not remember ever having seen Miss Griffin and I did not know her name, and certain it is that she never talked to me in her life or undertook to coach me about what I should say. It is not true that Maggie Griffin and Dewey Howell left the large room referred to in Frank's motion two or three times together and returned together, and it is not true that I heard Dewey Howell say repeatedly that she was afraid she would forget all Maggie
  • 1615 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: solicitor insulted me. The solicitor general never suggested or intimated in any way that I had had sexual intercourse with the defendant in his office or any other place in his factory, or that he knew the location of any room or that he knew of other girls having been in the room with him. The solicitor general merely asked me about what I had heard other people say about Leo M.Frank's general character and I never even told him until today, April 20, 1914 about any conduct on the part of Frank toward
  • 1616 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: of her affidavit. Directly after the murder, knowing that my daughter had been working at the pencil company's place of business, I talked to her about the same and she told me exactly what she said on the stand, namely that Leo M.Frank knew Mary Phagan, that he had called her "Mary" and that he spent a good deal more time than was necessary at Mary's machine talking to her. She also told me that this man Leo M.Frank was a man of general bad character, though she did not tell me of the
  • 1617 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and true report of the evidence which I gave on that trial. Some time recently, C.W.Burke, representing himself to be a detective representing Leo M.Frank and from the office of L.Z.Rosser, called on me at the pencil company's place of business. Burke paid me for the time I lost in talking to him about this case. He said that Mr.Rosser said you had an honest looking face and that he wanted me to come down and have a talk with you, and he told me to ask you questions concerning Frank's character." And he
  • 1618 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: long enough to think what to do and what to say. Burke was writing this all down, as we were talking and when we finished, he got the stenographer of the National Pencil Company to write out what was said. The paper was not written in my presence. I went upstairs while they were preparing it. He then sent for me to come back to sign it. I did not read the paper after that I signed. I don't think there was anybody in the room. Afterwards Burke came to see me at my
  • 1619 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. I know, but are you acquainted with his general character, what is generally said about what has been said about him? A. I can't express my opinion of his general character?Q. Just answer yes or no? A. Yes sir.Q. Well, is that good or bad? A. I can't express my opinion of his character from hearsay.Q. All right, what is generally said about him from hearsay, up to April 26, 1913, just before the Phagan girl was killed. That hearsay is what people say about the Judge's ruling? A. Well, I will tell
  • 1620 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: am going to ask you were you ever in Mr. Frank's office, meet him there between the middle of June and the 1st Saturday in January of this year, he asked if you ever met him there for any immoral purpose? A. I never met him there for anything except to get the money. But of my time."11th GROUND.MISS MARIE KARST, sworn for the State. Attached is a copy of the examination in chief and the cross examination which I gave on the trial of the case of the State vs. Leo M.Frank. Every
  • 1621 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I have given an affidavit to one C.W.Burke, and some man representing himself to be a Burns man. I did not put in that affidavit or authorize these men to put in that affidavit anything contradicting in any way the evidence that I gave on the stand, and if any paper which they have purports to have changed the evidence that I gave on the stand, it is a false paper, and not authorized by me. Burke wrote out a paper in my presence himself, and had me sign it. I did not myself
  • 1622 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: leaving this out of court, but unless I did, they would bring it upin court against me, and I told Lonnie that he was the foremanthere and ought to know whether we got drunk or not, and he saidhe didn't know anything about it. We went out there and somebodyhad a half pint he got at the club, and another girl and I slippedaround and got it and two more came around and drank some of it.At that time I was only 16 years old and the girls who drank thiswith me were fifteen
  • 1623 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: true. I did not tell them that I was working for Burke, but merely talked it over with them. One day Burke wanted me to see Monteen Stover, and talk to her, and see if I could'nt get her to change her evidence, given on the stand. I did not go to Monteen Stover. One day Burke told me that he was coming out to my house and going to see my mother and tell her that I was going off with him to work on a street car case, and that he wanted
  • 1624 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: at Burke's office, I would frequently not work over fifteen minutes. He paid me however the $2.00 a day as he promised. Burke told me that he took Mrs.Lillie Pettis out to see her sister Miss Nellie Pettis,who had sworn on the trial of the case of the State vs. Frank,and that Miss Nellie Pettis had admitted to him and her sister in-law,Mrs.Lillie Pettis,that what she had sworn to on the hearing before the Coroner and on the trial of the case of the State vs. Leo M.Frank was untrue. I do not know
  • 1625 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: before the Coroner's inquest and on the trial of the case. I didnot put anything in that paper different from what I swore onthe trial. This man was tall and there was some defect in hisfront teeth.(Exhibit "A" referred to above is as follows)MISS NELLIE PETTIS, Sworn for the State in rebuttal.Direct Examination by Solicitor General.Q. What is your name? A. Nellie Pettis.Q. Miss Nellie, do you know Leo M. Frank? A. Yes sir.Q. How long have you known him? A. Well, I don't exactly know himpersonally, but I know him when I see
  • 1626 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: were they said that I had made the statement,but the same is absolutely false. It was published in the paper that Mr.Bass Rosser the city detective got mad when I refused to swear against Leo M. Frank. I positively deny that I ever made any such statement to anybody. Mr.Rosser merely asked me those questions necessary to get at what I knew about Leo M.Frank. I never said to anybody at any time or place that I did not believe that my sister-in-law Nellie Pettis, knew Leo M.Frank.18TH GROUND.MARY RICH, Sworn for the State.
  • 1627 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: out of said alley on any date; and neither is it true that Conleyafter purchasing a dinner from me on the 26th of April,1913, wentback to the aforesaid alley in the direction of the pencil factory.I never told anybody at any time or place that I saw Jim Conleycome out of the alley immediately in the rear of the National Pen-cil Company's factory,or that after purchasing said dinner, saidConley went back to the aforesaid alley in the direction of thepencil factory. I am the only Mark Rich that I ever knew to keepa lunch
  • 1628 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: couldn't see how she could get into trouble by telling the truth. This is only a portion of the conversation I heard. This conversation occurred Monday, April 13, 1914.(Attached is a piece of paper)JIM CONLEY, Sworn for the State. It is not true that on April 26, 1913, at about 2:15 o'clock P.M. or at any other time on said day, -- I come out of the alley immediately in the rear of the National Pencil Company factory, nor is it true that I bought a twenty- five cent dinner that day or anything
  • 1629 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the fourth floor and I had nothing to do with the boxes on thesecond floor. On Saturday mornings the factory would close atabout 11:45 A.M. and I was always busy at my work cleaning up thefourth floor so as to be able to get off promptly at closing hour.This box room is immediately off a small aisle from a largeworking room where about fifteen ladies are at work and it is alsowithin 50 or 60 feet of the office where the entire office forceis and at the other end of the hall within about
  • 1630 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Schein gang for stealing in Walton County in 1894. We all pleaded guilty. The others paid out. I don't know how long I served a shop hammer. That was case No.L. There were three cases at the same time concurrent. One of the other Daltons stole a plow and I don't know what the other one stole. I was with them Feb.1899 at the February Term of Walton Superior Court I was indicted for helping steal a bale of cotton. In Gwinnett County I was prosecuted for stealing corn, but I came clear of
  • 1631 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: anything for me and was told he had not. Burke had told me also that he would give me a pass from Jacksonville to Atlanta to use anytime soon. Burke did not leave either the $100. or the pass. The only other time I have been offerew any money in connection with the Frank case was in Dublin, Ga. Just a short time after the trial last year, I went to Dublin with Mr. Heifner to do some work on a bank which he was working on here. When I got off the train
  • 1632 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I said something about having to pay room rent and he spoke up and said it wasn't necessary to pay room rent because they had a cot in the basement. I used this cot with Daisy Hopkins half a dozen times.J. H. STARNES, Sworn for the State. I have read the affidavit alleged to have been made by C. B. Dalton and introduced in the extraordinary motion for new trial in the case of the State vs. Frank. In so far as the affidavit refers to me, in stating that I had coerced or
  • 1633 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Frank used the same for his desk because Beoker's desk was larger than the desk that Frank was using. Beak moved the desk which he was using over in the other corner, so that Mr Darley could use that. All of the books and papers and everything that was in the Beaker desk was taken out of the same in the office next to Frank's office where the supplies were kept. Among other papers taken off of Beaker's desk, when that desk was placed in Frank's office were old order blank books. There were
  • 1634 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the papers in Beoker's desk out and Chambers and myself placed all these papers in the office next to Frank's private office. These papers were within ten feet of Frank's desk. Among other papers were quite a number of order blank books, similar to the one which is attached as Exhibit "A" to Darley's affidavit. These carbon copy order blank books remained in the place where they were placed by Chambers and myself from the time Bhoker left until the time I left there. All the time I was there, the only man who
  • 1635 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: photographs made thereof. From an examination of said note and the photographs made by the use of the color plate, in my opinion the number of the order blank note is "1818" Mr.J.H.Alexander,an attorney at law, in this city, showed to me the photograph of this note attached to a pamphlet which he has been distributing with reference to the Frank case, with reference to the notes found by the body of Mary Phagan. It is evident that this is a photograph of the original note, or of a photograph of the one which
  • 1636 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: said plate which had remained in the possession of Foote & Davies and was still in their possession. I neither admitted or stated to R.A.DeVore or to any other person that I had had the engraving company to touch up said plate in certain places, nor did I state to said DeVore or anyone else that this touching up was done to eliminate the dirty background or to bring out the writing more clearly or for any other purpose. At the time said pamphlet was printed, the question of Becker's signature and the invoice
  • 1637 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: these boxes would only remain a short time to go out as they were needed in shipping and to be so arranged and stacked regularly as not to prevent the cleaning of the basement of paper, trash or other combustible material. I can be positive that the basement of the National Pencil Factory was cleaned of trash, paper and other combustible material between January 1, 1913, and April 26, 1913, and I can also be positive that the basement of the factory was not allowed to have stored therein papers. I have examined the
  • 1638 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: swore on the trial of the case of the State vs. Leo M.Frank as follows: "that on Saturday, April 26, 1913, I met Jim saw Jim Conley at the corner of Forsyth and Hunter Sts. at 12 o'clock. I was in there when Conley came in. I met him there up at a saloon. I was in there when Conley came in. I met him there up at Forsyth St. W.Hunter and on down to Davis St. and we met some other fellows and we stopped and talked with them a few minutes, and
  • 1639 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: between 12:30 and 1 o'clock. After going home I started back to town to go to the ball game. I met Ivy Jones and Jim Conley at the corner of Hunter and Haynes Streets at 2:15 p.m. and had a conversation with them. I told them I was going to the ball game. Ivy Jones said "Well wait for me and I'll go Peters St. and I'll go with you. Then I left them. I did not go by way of Peters street then but went over to the house of Major Caldwell on
  • 1640 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 1913. On Saturday morning, April 26, 1913, I wanted to go to town to get my niece, who lives with me, some slippers. I always go to town across the Nelson St. bridge. As I reached Nelson and Forsyth Sts. I saw a negro and a white man standing on this corner talking together. The negro had his face turned towards the white man at first had his back to me, and I thought at first the white man was a gentleman I knew. As I got even with them the white man stepped
  • 1641 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The second attempt occurred in December, during the two weeks just before Christmas. When I left my work at the Clark Woodenware Company one afternoon in December, I was walking down the street with another girl, when a young man, whom I afterwards found out to be Jimmy Wren stepped up to us and said: "Why don't you remember me Miss Ferguson." I told him I didn't remember him and he said: "This is Mr.Howard, don't you remember when you worked at Bloakes? I worked there too and wanted to meet you then but
  • 1642 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and described Burke to me and the description made it plain that he was none other than Feather. The office I was in was that of the Solicitor General's office. I am personally acquainted with H. H. QUINN, Sworn for the State. I am personally acquainted with Miss Helen Ferguson. I have known her for the last twelve months. I am acquainted with her general character and reputation. That character and reputation is good and I would believe her in a court of justice or anywhere else.17TH GROUND.J. E. DUFFY, Sworn for the State.
  • 1643 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: at 532 Barnett Street. This was sometime before 12 o'clock. I could not get in the house and took street car to my own home. When I got home I saw Jim Wren and Lynn in an automobile in front of my house. I whistled and they came up to where I was. I told them I could not get in my mother-in-law's house. Then they put me in the automobile and after driving around town a little bit and giving me supper, etc. they then took me to Austell, Ga. All the sleeping
  • 1644 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: been talking with Duffy just a moment before and Duffy had said: "Yonder's a Yellow I don't want to see." Eubanks asked him "Who is It?" Duffy replied, so Eubanks told me: "Hewt Garner, and Duffy replied "I'm going' to beat it," and immediately left. For three quarters of an hour I searched around among the box cars looking into many empty box cars, and hoping to find Duffy, but finally I left without finding him.ROBERT L. WAGGONER, J. H. DORAL, Sworn for the State. We are detectives of the city police department of
  • 1645 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: finger in has uninjured hand and that he was absolutely sure that no blood could have escaped to the floor; that he immediately went to the door of Mr.Frank's office and from there to some hospital. We were at the time of this statement discussing as to how the blood spots had gotten on the floor of the factory, and the fact that it had been suggested by someone that the injury of Mr.Duffy's hand was probably the source of the blood. This Mr.Duffy denied. We talked with Mr.Duffy on the evening of April
  • 1646 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: , I got my job back on the Southern. Fritz Lyn was also present when Duffy made this statement for Burke. I do not know myself about any money being paid. I had been promised the job by the Master Mechanic of the Southern Railway and Eubanks before the Duffy statement. I do not know whether it was the next week or the next month, but sometime soon after this I went back to work for the Southern Railway.GROUNDEDJ. D. MOORE, Sworn for the State. I know Mrs. M. Jaffe, wife of the optician
  • 1647 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: by Mrs.Maud Beiley.(The following is exhibit "A" referred to above.)"Statement of Mrs.Maude Beiley, 263 Humphries St., Atlanta, in reference to the murder of Mary Phagan, Atlanta, April 26, 1913, in the presence of Mr.Dorsey, Mr.Minor, detective Rosser and B.S.Smith.Atlanta, Ga., May 14,1913.Questioned by Mr.Dorsey.Q. What business is your husband in? A. Meat cutter, on Gordon St. and Hembrit.Q. Where did you say you lived? A. 263 Humphries St.Q. Where did you live at that time? A. I lived in a whole lot of places Acworth St., Greensferry Ave., etc.Q. You used to work at
  • 1648 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: but that was because they were his pets. He had some pets around there.Q. You were there Saturday, April 26th? A. Yes, quarter to twelve.Q. Who all did you see? A. Mr. Frank.Q. What was he doing at that time? A. He was going to the shipping room, and he spoke to me.Q. Who else did you see? A. Arthur White.Q. Who else? A. Stella, I think, talking to his wife.Q. Who else? A. Corinthia Hall.Q. Who else? A. Emma Clarke.Q. Who else? A. Stenographer in the office; I dont know her name.Q. Did
  • 1649 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and correct report of the questions asked and the answers given by the said Mrs.May Barrett. This paper was taken on May 14,1913, in the presence of Fennie Minor, Mr.Bass Rosser,Mr.Dorsey, the Solicitor and myself as stenographer and was written out by and signed in my presence by Mrs.May Barrett.(The following is Exhibit "B" referred to in above)"Statement of Mrs.May Barrett, 225 Humphries St., in reference to the murder of Mary Phagan, Atlanta, April 26, 1913, in the presence of Mr.Minor, Mr.Rosser, Mr.Dorsey and B.S.Smith, was taken May 14,1913. Questioned by Mr.Dorsey: Atlanta, Ga.,
  • 1650 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q-You do not know anything you want to sell do you? A. No sir,indeed I don't.Q. You have told us everything that happened? A. Yes sir, as faras I know.Q. You were on the floor above the office floor? A. I am on thevery top floor of the building.Q. Your little daughter says she heard you talking about Mr.Frank?A. She is sadly mistaken. My little daughter is not responsiblefor what she says.Q. How old is she? A. No sir.Q. What is the trouble? A. She tells littletales.Q. What makes her tell them. A. I
  • 1651 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: OCR. I was present when the stenographer took down the questions propounded to both Mrs. Maude Bailey and Mrs. May Barrett. I told the Solicitor General as to what Mrs. Maud Bailey had stated to me before he began questioning her. As Mrs. May Barrett went to leave the office of the Solicitor General she saw sitting in the office her niece, Mrs. Mary Phagan, and Mrs. Barrett said in substance to her daughter, "You told a pack of lies."S. L. ROSSER. Sworn for the State. I have read over the above and foregoing
  • 1652 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and Mrs.Maud Bailey left Mrs.Barrett at the grocery store and wecaught a Stewart Avenue car at the corner of Mitchell and ForsythStreets. As we were about to catch the car we heard the 12 o'clockwhistles blow. When I got home it was twenty minutes past 12o'clock. About a week after the death of Mary Phagan, I was talkingto Mrs.Barrett on the corner of Wells and Stewart Ave. I asked herwhat she thought of the murder, as to who was guilty and she statedthat she believed Mr.Frank was guilty and I remarked that she wouldhave
  • 1653 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: my mother or as to the facts stated in the affidavit is true in every particular.MRS. MINNIE WILSON, Sworn for the State. On the 26th day of April 1913, I saw Mrs. Maude Bailey at 122 Wells St., my husband's place of business. Mrs. Bailey came into the office and asked permission to use the telephone and we told her she could use it. Whoever it was she was talking to, she called the Swift Soap Works, where she worked at the time, and she evidently told that person she was through with her
  • 1654 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: National Pencil Company, on Saturday, April 26, 1913, between 11.30 and 12 o'clock. I know it was that time because my wife left before 12. While I was standing there, Mrs May Barrett came down the steps from the floor above and met Mrs Maud Bailey on the second floor and they went on down the steps toward the front door. I did not see them go out the front door, but I saw them leave the office floor.DR. RUSSELL D. STALLINGS. Sworn for the State. About three weeks ago late in the afternoon
  • 1655 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I am also personally acquainted with Will Newcomb, who is a foreman at the Swift Soap Factory, and he frequently visited Mrs. Maud Bailey while she was living at No.117 Wells St. He would stay there from 7 o'clock to 9, 10, 11 and 12 o'clock at night and drink beer together. I have known Mrs. May Barrett to leave and go to work of a morning before her daughter Maud Bailey would go and after Mrs. Barrett would go Will Newcomb would come down there to see Maud Bailey, go in the house
  • 1656 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: when I was put in Jail. Whenever Mr. Roberts would go downstairs to empty the slops I would go around to see Jim Conley and give him things to eat, and I think I went the first Sunday in December. I wrote him two or three letters, and he sent them back because he said he couldn't read them. I wrote him three and he wrote me two, and I wrote him three letters altogether in either one of the letters he wrote me, and I sent the letters back to him by Fred
  • 1657 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I said yes,and he said you go downstairs and give it to Jim Conley and tell him it just come in through the mail,and I took it down there and Jim said you know I can't read,maybe it is from my mother and I thought it was devilment in it, and it said in the letter," Now you know you know all about the hands of your enemies,and I will do this and that to you, and if you don't tell the truth about it you will be hung by enemies that is bitterly
  • 1658 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: want, or more than you will ever be able to dispose of. Do you evergo to talk with Jim Conley, and I says I am on my way there now.And he said I want you to do something for me. I want you to go and state your ownprice. I am dangerous, don't let get about you and put a drop in hisfood and give it to him and I will guarantee you will have a potof money and will be a free girl before tomorrow night, and I saidhe aint done nothing to
  • 1659 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Frank that I let it go that waynor did I tell her that I and Mr. Frank both had connection with the girl;or that I lied when she claims that I said that Mr.Frank had connection with the girl. I did not make any statement like that to her, nor did I tell her that I done it all by myself, and never to say anything about it. Nor did I tell her that I first choked Miss Mary Phagan,and after she was unconscious, I had connection with her, or that she was young
  • 1660 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Miss Mary Phagan's purse, and that I gave the purse to a negro child; nor did I ask Annie Maude Carter to be with me; nor did she tell me "no, that was when I was down in jail". I did not make these statements to Annie Maude Carter, either in substance or in any other like language. I further state that I^Annie Maud Carter states that same is true, that she is misstating facts. I further state that such statements are untrue and are not the facts, that I did not do the
  • 1661 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: He helped the County Physician and had charge of the sick and the giving out of medicine while the County Physician was not present. He had access to all the inside part of the Jail, including the cell wing of Jim Conley. I have seen him in Conley's cell wing quite often and have seen him constantly something to eat from the Deputy's table, where Dr.Wren usually ate. I have heard Dr.Wren telling Conley that he had been tried, that he (Conley) could take this murder on himself and that this would free Mr.Frank
  • 1662 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: to him. I saw Dr.Wren at one time give Annie Maud Carter a note or rather he throw her one from the second floor and she carried this same note that Dr.Wren had thrown her and she pitched the note into Conley through the door to his cell wing. Last night after I had gone to bed,Dr.Wren came to my cell and called to me and got me to get out of bed and come out on the outside. He asked me what I was doing and I told him nothing and he told
  • 1663 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: told me this my sister was present and also a man, and they also heard what she said to me. I am acquainted with Annie Maud Carter's general character and general reputation; her general reputation and character for truthfulness is bad; she is entirely unreliable and on not be depended upon. She has been in jail before this last time and then was also up for stealing. Sworn for annie. Maud Carter and her sister, Court. WILLIS J. GILBERT, Sworn for the State. I am connected with the sheriff's force in charge of the
  • 1664 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Mr.Frank's cell wing to see him. I have seen Jim Wren and a Mr. G.W.Burke come in there last week and they went in together to see Mr.Frank in his cell wing. I have seen Mr.Burke call Dr.George Wren off to one side and talk with him privately upon one occasion. I have seen Dr.George Wren visit Mr.Frank's cell wing very often. I have never seen Annie Maud Carter in Conley's cell wing but she has requested me to allow her to go into Conley's cell wing, and I told her that I would
  • 1665 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: times in looking over, inspecting and repairing the different sections of the Jail. We kept our key downstairs in the Engineer's department and locked up. This key was used only by Chief Engineer Hayes, Mr. Herdman and myself. I never saw Annie Maud Carter go into the cell wing of Jim Conley. When Maud Carter was under Deputy Roberts who released her for work and she stayed most of the time at this medicine room on the 4th floor, where she did most of her work. She was locked up about 8:30 P.M. when
  • 1666 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: was lodged in the cell wing known as the third west. While Annie Maud Carter was a pickman at the jail or at least a portion of the time, I used Annie Maud Carter as a helper in laundry work, washing and ironing clothes. A portion of the time her work was upon the fourth floor, where the laundry was located, and a portion of the time upon the fifth floor, in what is generally known as the medicine room, in which she did the large portion of her ironing. I never saw Annie
  • 1667 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: been after me to make an affidavit for him that Jim Conley had been down on me,or had asked me to let him go down on me. I refused every time because it was a lie. Jinme Wren said if I would do this, he would dress me up and send me to Cincinnati or anywhere else I wanted to go,and I told him I wasn't going to do it,that there wasn't a word of truth in it./since I have been at the factory,I have never heard anyone there say anything about Jim Conley
  • 1668 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: C. J. GRAHAM, Sworn for the State. I am an attorney at law. I have represented Annie Maud Carter in the Criminal Division of the Superior Court of Fulton County. I have had occasion to interview members of her race and people with whom she mingles and associates. I have heard a great deal of her among the white race. I know her general character and reputation; the same is very bad. I would not believe her on oath.J. X. DONALDSON, Sworn for the State. I know Annie Maud Carter and knew her when
  • 1669 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: would send me with some one to see her. I talked with Annie Maud Carter and she never told me that Conley had ever stated to her that he had killed the little girl. She told me that he said Mr. Frank had killed the girl. Since Annie Maud Carter was turned out of jail, about a month ago, she has been living at my house. On last Thursday, April 23,1914 she left home. After she left home I met her accidentally uptown. I met her on Decatur Street. She has not been home
  • 1670 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: E. F. HOLLOWAY, sworn for the State. (being portion of testimony given on the original trial) "On Monday morning I saw Conley. Instead of being upstairs where he ought to be, sweeping, he was down in the shipping room, watching the detectives, officers and reporters. I caught him washing his shirt. Looked like he tried to hide it from me, I took it up and looked at it carefully and looked like he didn't want me to look at it at all."The State further introduced the original bill of indictment, verdict, sentence, motion for
  • 1671 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Kate Allen testified by affidavit as follows:I am the wife of Aaron Allen. I now live at No. 9Piedmont Ave. I am personally acquainted with Jake Jacobs,a man who runs a pawn shop at 120 Decatur street, Atlanta,Georgia. I personally know that my husband, Aaron Allen, hasbeen pawning things with Jacobs at 120 Decatur street, AtlantaGeorgia, for about two or three years. Sometime about sixmonths or more ago, I have forgotten the exact time, Allenleft Atlanta. He was sick in Indianapolis, and wrote me hewanted to come home. I lost the letter that he
  • 1672 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I left Atlanta of my free will and accord and went North. I was in Indianapolis, Indiana, for about six months sick.I was under the care of the city dispensary there, being unable to work, and was being cared for as a stranger. I have just this day been to see a doctor here in Atlanta. He tells me that I have consumption and that I cannot live long, and I promised him I would go to the Battle Hill Sanitarium.A white man, who said that his name was "O'Neal" came to me in
  • 1673 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: to see me and how I was feeling. He asked me did I knowMr. Jacobs of Atlanta. He asked me whether I was sick enoughto have a doctor, if I was he would have one come in rightaway. I said "No, sir, not now". He went away Just then andwent in Mr. Jake Jacobs, a man who keeps a pawn shop at 120Decatur st., Atlanta, Ga. Mr. Jacobs shook hands with me andcalled me "Mr. Allen". (Mr. Burns called me Mr. Allen whenhe talked to me too.) I asked Mr. Jacobs: "Why do you
  • 1674 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: His voice was loud. "Why, Mr. Jacobs says he has known youfrom five or six or ten years and never known you to have over$20.00. Now, Mr. Allen I am sorry I said what I did but ifyou will you can state the truth and nothing but the truth,and that is what we want out of you". He didn't say the de-tectives gave me the money, then, but he said: "You know some-body gave you that money to leave town with and you are aliar every time you say they didn't do it".When Mr.
  • 1675 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: killed this girl with you working there, and had you to help him do away with her, I would go up and tell the detectives so they would turn you out". He said, "Lord have mercy, hush, you are trying to get me in a trap too, because I don't know nothing in the world about it, except than I found the lady, and I hope and trust the Lord will show everybody on earth who killed her. The Lord knows and detectives will know some day just who killed the lady, because I
  • 1676 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: until it's going to get us both in trouble". I was then taken out of the cell with Newt Lee and had a talk with Mr. Black and chief Lanford and Mr. Scott, and told them all I knowed that Newt Lee said. They told me to go ahead "We will see you again, Allen; if we need you, we will let you know". I was then never asked any further questions any more in that case by none of the detectives or any of the officers until I was questioned by detective Wm.
  • 1677 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: him. After he had teased me along, he told me he was justteasing and joking with me, and he was going to tell me thefacts and the truth, and he was working for Mr. Burns, andasked me why did I leave Atlanta. I told him I left there ofmy own free will. He says, "They all say around there thatyou was paid to leave Atlanta, two or three hundred dollars,is that the fact?" I told him, "No, sir". He said, "No needof lying to me. He and you have been friends; I have done
  • 1678 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the ground no more now," says, "it is only just to saveneck, that is all. Don't you know I know that that mannever will come clear". He says, "why don't you just go aheadand make them feathers for me and I will feel and go ahead andget back up the country if necessary. Make an affidavitand get hold of them feathers, and if you think it is wrong,go down there and change it. Conley made 5 or 6 changes, whycan't you change them". I told him I would just be telling alie, because I
  • 1679 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: so far as I know, so help me God". He says, "That is all right, I believe you are honest and straight, but you have made an affidavit down in that part of the country, and you are scared to tell what you know. I would take care of you, but as it is--by--hope to see you again".One day I was in one of the offices in Mr. Burns' place in the Transportation building, and there were several of Burns' men in there. They all went out and left me in there, and then
  • 1680 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: pay Allen whatever he thinks he wants, or whatever Mr. O'Neal has promised him, and let him go on home, or wherever he wants to go, because he won't tell the truth nowhow. He knows something that would do us some good, but he is scared to tell it". Then I left his office with Mr. Bell, and he took me to the depot and he told me on the way that he thought I was the wisest colored man he ever saw or met, in not telling no lies. He told me in
  • 1681 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: much as I wanted.about that good country they claimed,and hesaid "it was no so good.to you,was it",you went up there andand got tuberculosis", and I said that,and he said "but thepeople here.take better care of you and I would advise younot to stay here, I think there is some trouble out about youbut if you do get into any trouble come and see me. I wenton home, and the next day I was coming up the street and Ipassed his shop, and the young man that worked there told methat Mr. Jacobs wanted to
  • 1682 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: that, but I didn't know how true it was, I know I never missed you until a day or two back, some of them were saying something about you and I thought you were in town", and I said "Yes, I went off on an experience and had a buck, got tuberculosis in that country, and he said, "Well, go ahead and come back here about six o'clock Mr. Black wants to see you", and I goes to the hospital for an examination and when I got back the chief told me I was
  • 1683 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: C. A. Ison testified by affidavit as follows:I am personally acquainted with Jimmie Wren, who is in the employ of C. W. Burke, and he is the brother of George Wren, who has recently finished a jail sentence of 12 months for simple larceny (stealing $50,000.00 worth of diamonds from an express wagon) and I am also personally acquainted with George Wren. I have seen Jimmie and George Wren with C. W. Burke on several occasions, in front of the Grant Bldg., in which Mr. L. Z. Rosser's office is located, who is an
  • 1684 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: our objections,- Conley spoke about some girls on the fourth floor, and we had a right to go into it and see what girls on the fourth floor; but are we going to try four or five different fornication cases now? Let's settle it right now, Your Honor.Mr. Dorsey: They have asked certain witnesses if they had been to Frank's office Monday afternoon and Tuesday afternoon and anything immoral was done. If they can put that in, why can't we go on with this case, and show that such things did occur with this
  • 1685 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: MISS NELLIE WOOD, Witness for prosecution in rebuttal, wasthen sworn.DIRECT EXAMINATION.Questions by Mr. Dorsey:Q. What is your name? A. Nellie Wood.Q. Miss Wood, where do you live? A. I live at 28 Orme wood Park.Q. Are you acquainted with the general character of Leo M.Frank? A. No sir, not knowing him but two days. I didn'tknow him but two days.Q. That's what people say about his general character, whatpeople say about him that is prior to April 26th, 1913.Were you acquainted with his general character on Leo M.Frank? A. Just answer the question, yes
  • 1686 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: W. Burke came, did make me a proposition to pay me money if I would swear to certain things in favor of Leo M. Frank. C. W. Burke afterwards came to see me and told me that the court had ruled out my evidence, and insisted that I should give him an affidavit. I gave him an affidavit, which stated that I personally knew nothing about Leo M. Frank prior to the murder, except as to what occurred between me and him in his private office. This occurrence, which I have heretofore referred to
  • 1687 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 17Ballard, H.J.Born, J.T.Boyce, Leon,Benedict, Dr. S.C.Caldwell, M.G.Carr, Miss Marie,Carson, Miss Rebecca,Cato, Miss Myrtle,Cohen, H.L.Coleman, A.Coleman, W.W.Davis, Miss Mary,Dobbs, Sergeant I.S.Dobbs, W.C.,Donegan, Mrs. D.Dury, J.H.Epps, Vera,Epps, W.J.Eider, W.J.Funk, Dr. JohnGantt, J.M.Goddard, H.H.Goddard, A.L.Graham, B.K.Griffin, MissGordon, Geo.Hale, W.C.Hefner, W.P.Hunt, A.W.Hendricks, J.H.Hewell, Miss Dewey,Holloman, J.H.Hooten, J.Hearn, J.T.Houston, A.B.Ingram, J.Johnson, Dr. ClarenceJohnson, Mrs. H.R.Johnson, R.V.Jones, IvyKendley, Geo.Kendrick, J.R.Kitchen, Miss MamieKitchens, W.H.Matthews, W.J.Maynard, C.J.Merk, W.P.McGinnis, C.B.McKnight, Albert,McEwing, J.C.McCoy, M.B.Niles, Dr. G.M.Owens, W.B.Peavey, W.C.Pettis, Miss NelliePierce, J.H.Price, W.M.Ragan, Miss Ruth,Rogers, W.W.Rice, J.S.Scott, HarrySmith, Len,Smith, Miss CarrieStarnes, J.N.Tillander, C.Turner, W.J.Wade, Miss Mary EWinkle, Miss EstelleWright, W.M.Of said list of witnesses introduced
  • 1688 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Total introduced by State................99.......Total alleged to haverepudiated................8............Character witness intro-duced by the State................10.......Character witnesses allegedto have repudiatedtestimony................1Deponent further says that he is an attorney at law,and has been practicing at the Atlanta bar about seven years.The State further introduced the following transcript ofthe testimony of Miss Grace Hix as given at the original trial:"Q.How did you know that that was Mary Phagan? A.I just knowed herby her hair being so long.Q.Knew her by her hair? A. Yes sir.On cross examination counsel for the defendant asked said witness,answers, viz, the following questions, and received the following"Miss
  • 1689 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Nellie Wood testified orally before the Court as follows:I am the Nellie Wood who worked at the National Pencil Factory. Worked there two days, I quit because Frank insulted me. I don't remember just what he did say, but I didn't like it. I do not care to go into details of what he said and did if it is not necessary. This man, J. P. Eubanks called me up over the phone and asked to speak to me. I says, "This is her". He says, "This is Mr. Eubanks". I says, "I don't
  • 1690 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: named Mr. Burke was there and Mr. Burke didn't tell me anything and Mr. Burke and Mr. Eubanks asked me up to Mr. Burke's office, and asked me what I knew about the case, and I says, "I don't know anything at all." Eubanks told me I could make some money if I went to work on the case for them; that I was a working girl and needed the money, and I told him that I could not do it; that I didn't know anything about it. He didn't state any amount that
  • 1691 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: J.B.Duffy, and Burke's chauffeur, Lynn at myself at my house. Nomoney was given Duffy at that time. I made him loans on April 4and April 11th. I loaned Duffy money when he worked under me at theSouthern Railroad in the year 1910 and 1911 and at various timesI loaned him small amounts of money. I think $40.00 was the greatestamount I had ever loaned him prior to that time. He got the moneyat three different times. He got $5.00 at one time and then on May4th, I put that on a note of $10.00
  • 1692 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: He did not make an affidavit in the Frank case for me. He told me he gave her a dozen bottles of beer one night and she was to meet him and he said she went off and never came back. He was not asked to make an affidavit. I was not talking to him about the Frank case, I was talking about Nell Wood. I brought up the subject. We talked about all these kind of characters, you know, down there. I was not making any investigation for C.W.Burns at that time. Mr.
  • 1693 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: welcome. After a while, Mr. Burke commenced talking about the Frank case, and he presented his theory of the case and told Duffy, "I want, if you have not already told the truth, or if you have, I want to get an affidavit from you". They discussed it on for awhile and Duffy agreed to make the affidavit, and they got around the point of the possibility or probability of blood drops being on the floor, and then there was something mentioned about $75.00 paid for court costs and I remember those things as
  • 1694 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: vert. As to how I know Conley wrote those letters, I have examined the writing of the letters you are referring to and what is known as the "murder notes". I would not say that I am a handwriting expert, but there are many characteristics in the writing of the murder notes which show very plainly in the notes written to Annie Maud Carter. My definition of "pervert" as applied to Frank or Conley, there are many phases of the pervert. The sexual pervert is a man who satisfies his sexual passion in an
  • 1695 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I didn't get a statement from Aaron Allen which amounted to much. I never made any statement to Isom that I couldn't get anything from Aaron Allen I wanted. Isom didn't make any report to me. I told him he told me about being put into a cell with Newt Lee and about Newt Lee telling him he was innocent and then of a white man being put in the next cell and Newt Lee &xxxx being placed there with him and overhearing the white man say "If you don't keep your mouth shut,
  • 1696 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: also conducts the New Orleans office. He is making investigation into the Frank case and Conley case and the Mary Phagan murder like me and getting angles over the country. He does not report to me in writing. He sometimes reports to me verbally. I do not get all the reports eventually and ultimately from all men working on this case. Mr. Sears has charge of them. Mr. Sears and Mr. Haas get them. Mr. Sears is just the local man here. I do not get, either verbally or in writing full and complete
  • 1697 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: to this fellow in Chicago, that picked up some books or things in the alley. He showed me a memorandum book and told me about it, that certain writing was in the book when he got it. I examined it, and concluded it was not Conley's writing and told him so and that ended it, so far as I was concerned. I thought that was his own writing. He also had a pocket book. I never made any statement in my life that I had that pocket book in my possession. I have no
  • 1698 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: had made the affidavit. I never saw Arthur Thurnen in my life. I do not know whether Messrs. Arnold and Rosser were talked to about this matter or not, I never talked to them about it. I do not know of any money being paid out, either to Ragsdale or Barber, nor to Thurnen or Tedder. I never paid a cent or ever authorised a cent to be paid. I do not think this thing could be handled by somebody on the side who would not report to me, in order to keep me
  • 1699 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: while before Wrenn interpreted them. Yes, Burke is the man who deserves credit for the discovery of the notes. I went over the evidence in the case. I read all the briefs in it; went down to the pencil factory, went over all the briefs in the case and interviewed all the witnesses at the pencil factory, went up to your office and examined all those, examined the evidence in the case and made my report to them that in my opinion that they did not need any evidence outside of that used at
  • 1700 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: her to close the door on her mother when she went to go out andtell her to stay there. I did not talk to Mr.Edmonson, the step-father of this little girl, right there. I never saw him but oncein my life. I did not talk to Dr. Claude Smith, the city Bacteriolog-ist. I did not talk to the two doctors who were employed by thedefense to ascertain whether or not that was blood on the secondfloor. I did not get their names or know anything about their re-ports. I made a thorough inquiry about
  • 1701 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I have no evidence now with reference to this murder I have not reported to Leo M.Frank, or to his attorneys. I keep reporting every day and right along. I have made my final report to them. I have not it in written form. I'm going to make a written report. I have advised them not to publish it, because the fact that it looked to me as though every witness that is found here is bamboozled, or turned about, and I determined and advised them when found a witness to-send-the witness out of
  • 1702 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: my life met with such unreasoning prejudice as there is in thiscase, to give the facts, just the simple truth. I have neverknown a case where it is as hard to hold a man to his story, tojust the simple truth as in this case. I have never heard tell orread of anything as outrageous as was resorted to in this case tosecure the evidence of Minola McKnight, or the treatment accordedto Albert McKnight. I talked to Albert McKnight after he was late-ly arrested. I have read the affidavit made by Albert McKnightthat was
  • 1703 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: version in my life. I have never attempted to get anything except what I considered the truth. There have been hundreds of rumors of a great many people wishing and promising to tell ridiculous and what I considered absurd things in this case. It is difficult frequently to tell just what motives were prompting them or why they wanted to get into it, whether it is the truth or not.REDIRECT EXAMINATION. One instance I can name where obstacles have been thrown in my way as to getting evidence and ascertaining the truth, is the
  • 1704 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The Haas told me that. Perhaps Mr.Arnold, I am not sure. Mr. Rosser may possibly have told me. I do not recollect any other obstacle that was thrown in my way. Perhaps if I had known you were going to ask that question I could have thought it over and refreshed my mind. As to why I did not go to see Jim Conley, because, as I have said, of the obstacles thrown in my way. As to why I could not get valuable information, I saw and read the notes and saw the
  • 1705 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DAN B. LEHON, Sworn for the State (By deposition) My position isthat of Manager of the Southern Division of the William J. BurnsNational Detective Agency with headquarters in New Orleans. I havebeen here on the Frank or Mary Phagan case for the past four orfive weeks. I came to Macon just when the case here. Occasionally wecall Mr. Burns "Governor". Mr. Burns arrived a few days before I ar-rived. I take charge of the work in general, nothing in particular.I did everything that came to me I thought was necessary to have todo in
  • 1706 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: interviewto interview some witnesses that he told me were living in Birmingham, or Chattanooga, or Nashville. One of the witnesses he told me was a prostitute in a house of prostitution at either Chattanooga, or Birmingham, who had information would go to Frank being a pervert and I instructed him to go and get this information by all means; and he also informed me at the same time that he had a very important witness in the person of Mack Wilson, a negro, who would testify that he saw James Conley buy a lunch
  • 1707 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: my hat upon the rack and said "Come on over to Mr.Rosser's office, the attorneys". I brought them to Mr.Rosser's office where they were first interrogated by Mr.Brandon, as Mr.Rosser was not present It was during the noon hour. Later Mr.Jones came - and in my presence and in the presence of young Mr.Dufton, I think it is, the stenographer, and Ragsdale and Barber, their affidavit was taken by Mr. Rosser. They were not brought in by Mr.Thurman and Tedder, they were brought in by Mr.Thurman. Tedder called me up on the telephone and
  • 1708 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: was because I didn't think it was very important myself. From the time Tedder first mentioned this matter to me until I got this affidavit, I only made one payment to Tedder; that was the day I employed him and that was an advance of a month's salary and $250. for expenses to go to look up those witnesses. I got the money from Herbert J Haas on account of our services. To the best of my recollection it was by check. I am not able to say whether it was by check or
  • 1709 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: George Epps testified in affidavit in substance as follows:-"I am the George W. Epps who swore on the trial of the state ofGeorgia vs Leo M. Frank."On April 26th, 1913, I lived with my father and mother at 246Fox Street, city of Atlanta, and I knew Mary Phagan well. I hadknown Mary about a year before she died. I rode on the car withher on April 26th. We reached the corner of Marietta and ForsythStreets about 12 o'clock. Mary got off the car at this place andwent on down toward the National Pencil Company's
  • 1710 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: He told me to report to him right across from the library that night. He didn't say anything more; said he would see me again that night. That night I reported where he said meet him, across from the library. He told me to stand in front of the House that Jack built. I had to wait for him. When he came, he came along. He said 'let's walk along,' and we walked down Cain Street, on out to West Harris Street and came back up to Peachtree Street. He said he wanted me
  • 1711 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: were going to New Orleans. He said to go on over to the Terminal Station - that he had some girls to get. I went over to the Terminal Station and when I got there I met a man that had on glasses, who looked like a fellow I saw in Birmingham that passed off as Kelly. This fellow pretended he could not see good and asked me to help him down the steps. When Kelly and I got on the train, Terry was already on the train and pretended to get mad because
  • 1712 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: after he had pretended to talk over the phone - that the detectivechief said that wasn't the only case that they had against me; thatthey had me also for perjury in the Phagan case. Kelly said thechief of detectives said to keep me there till he came. Then bothKelly and Terry commenced talking to me and they pretended towait for the chief of detectives."After awhile somebody came in that they said was the chief ofdetectives. He didn't have any uniform. The best description Ican give of this man who pretended to be the chief
  • 1713 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: on the typewriter and he would bring it back to me at four o'clock and take me to a lawyer to be sworn in on it. Mr. Terry taken me down stairs and gave me $2.00 and told me to buy a clean shirt and take the rest of it and go to the show. About 5:30 I came out of the Bonita Theater in Birmingham, and went up to my room. I was sitting in the window looking into the street, when I saw the chief of detectives and Mr. Kelly coming. They
  • 1714 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: football game; and I didn't see any more of Mr. Terry until one day just before I was arrested, and he told me that Mr. Kelly said I had not told the truth and they wanted me to come back and tell the truth about it. I said I had done told the truth, and I don't know anything about it, and there is some crooked work now;' and he left me at the corner of Edgewood Avenue and Ivey Street and told me to go ahead and go back to work."The reason I
  • 1715 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: he was a lawyer, left. "I was brought to Atlanta from the Reformatory at Milledgeville, Friday morning, May 1, 1914. Since coming here I have seen a man who was pointed out to me as C.W.Burke. I have seen him twice since I came from the Reformatory. On both occasions I had ample opportunity to see him well and to watch him; and I am now prepared to say, and do say under oath that he is the man who was with me in Birmingham, passing under the name of Kelly; that is the
  • 1716 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: did witness tell Wrenn he had told some lienor that witness had been made to tell the lien by detective John Black. Witness did not tell Wrenn that he was going to take a hobo trip; that he was in bad with the Probation officer and the detectives and that witness was afraid of John Black. Witness did not promise to make any affidavit for Wrenn anywhere or say that he was afraid to make an affidavit in Atlanta.'"Each and every statement charged by Burke in his affidavit of May 5th, 1914 as having
  • 1717 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Bed Company's place, where he was working. This was out on Jones Avenue. I went to his place in company with Mr. Harry Scott. Said George Epps communicated certain names to us with the statement that these parties could furnish information on the case. He volunteered to go with us, stating that he could carry us to these parties, and we accepted his offer to go; and we three went out together to look up these parties."I never was in Mr. Dorsey's office with George Epps before the trial, as-I had been detailed by
  • 1718 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: who represented himself to be the chief of detectives in Birmingham, Ala., as referred to in the affidavit of said Epps attached. I am personally acquainted with said Bernard and know that the man pointed out by said Epps as the chief of detectives of Birmingham is B. Bernard of Atlanta, Ga."R. P. Barrett testifies by affidavit in substance as follows:-"My name is R.P.Barrett. I live at 549 West North Avenue in the city of Atlanta; I worked for the National Pencil Factory about four years in all; I was in the employ of
  • 1719 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: waited for him. He came up and said 'Barrett, you haven't said anything to anybody about that yet, have you? I told him No. He then said 'Well, don't tell anybody about it; but if you do, let me know before you tell, so I can leave town.' I probably said 'Allright' - I do not recall positively."his was the last of the matter between Jimmie and me until just before or about the time the Supreme Court rendered its decision in the Leo M.Frank case. Early in 1914 - I think it was
  • 1720 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: "I met Jimmie at the Bxxxxx Fourth National Bank corner at 1:30 Monday afternoon and he said we were thirty minutes too early. That Mr. Kelly would not be there until 2 o'clock. We waited around until 2 o'clock and went up to the Kimball House to a room the number of which I do not recall. Jimmie knocked at the door and a man I did not know opened the door and invited us in. After we got inside Jimmie introduced the man to me as Mr. Kelly from Chicago. This man asked
  • 1721 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: "It was getting late by this time so I told him I would have to go as I had some business I must attend to. He had been writing while we were talking. When I was about to go he asked me to read over what he had written and if I found anything in it I didn't like to make a check mark by it. I said I didn't care to do it, but he pleaded with me to just sit down and read it over and check off the part I didn't
  • 1722 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: N.A.Garner testifies by affidavit in substance as follows:"I am personally acquainted with W.W.Rogers, otherwise known as 'Boots' Rogers. On April 28th, 1914, I had a talk with Boots Rogers and asked him who the other Rogers was that was working for Burns and he said Burns had no other Rogers in the city of Atlanta. He admitted that he was now in the employ of Burns. He also stated that he had not changed or modified in any respect his evidence as given on the stand and it was the truth and nothing but
  • 1723 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: This said George Wrenn or Dr. Wrenn being the brother of Jimmie Wrenn, - said Jimmie Wrenn being the man who has been assisting C.W.Burke, - said C.W.Burke being a witness signing the affidavit of C.Burtis Dalton in Florida and the notary public purporting to attest what purports to be an affidavit from an old negro woman by the name of Mary Rich."Dan M. Goodlin, Jr. testifies by affidavit in substance as follows:"On Tuesday the 28th of April, 1914, I went in company with Charles Sigglea, whom I had arrested on a warrant from
  • 1724 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: "What did you call me, Kelly?" I said "No, I didn't call you Kelly; I called you Terry - the name you gave me."Fred Perkerson testifies by affidavit in substance as follows:"My name is Fred Perkerson. I am employed by Mr. J. J. Woodside. About the latter part of the summer of 1915, I was sentenced to serve a term in Fulton county jail for drunkenness on the public highway and I served this sentence at the county jail and for practically this entire time I was allowed the freedom of the jail as
  • 1725 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: "Both of us told him we wouldn't do this; he stated that Conley was not any relation to us. He said all you want is the money when you get out. He said he would soon be out smoking good cigars and we would be broke. I remember he talked to me at least a half dozen times about this, sometimes talking to me by myself and sometimes to Reese and myself."I remember at one time Dr. Wrenn was talking to Conley in the presence of myself and Reese, and he told Conley the
  • 1726 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I8 what was said between them. I have seen them talking together a good many times. Dr. Wrenn roomed in the hospital where Annie Maud Carter cleaned up, and the medicine room was also on the fifth floor, and it was in this medicine room where Annie Maud Carter did her ironing. She did the ironing for Dr. Wrenn."I saw Annie Maud Carter start into Conley's cell wing one day and we called to her and told her she would be looked up if she went in there and she stopped at the door
  • 1727 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: "When I went to Mr. Dorsey's office to have my subpoena signed so that I could get my money - this being on Saturday after the trial - Mr. Dorsey stated to me that people all over the state had been sending him produce of different kinds, - tomatoes, melons, corn, etc.; he had a cake there that someone had sent him and asked me if I would like to have some, and gave me the cake which I ate and found to be very nice indeed, and enjoyed."After I went back to work,
  • 1728 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and told me he had an affidavit he wanted to get me to sign for anextraordinary motion for new trial. I said: 'Wait a minute; I don't sign anything unless I read it.' It didn't read like I said it and I wouldn't sign it. I told him I didn't sign anything I did n't know what I was signing. He asked me if I wanted to see Mr. Frank hang. I told him if he was innocent I didn't, but if he was guilty, I did. I was so mad I wouldn't talk
  • 1729 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: "About three weeks ago on Friday before Mr. Burns went to New York on his last trip, Mr. Semel Boorstein, a lawyer, sent for my daughter Monteon, to come to his office. He said he just wanted her to make the same statement to him she made on the stand at the trial of Leo M.Frank; that he did not hear the evidence then and had not heard it and he wanted to hear her statement personally because he felt a great interest in the case and because he was a friend of the
  • 1730 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and told her that Monteen would come out too; and I opened the door and got Monteen, and we come on out of the office, and Mr. Boorstein ran out and followed us to the elevator and insisted on having Mon teen come back and that girl followed us out there and said 'Come back; you don't have to answer any questions if you don't want to.' And I caught the elevator and come on down and in a few minutes Mr. Edmondson caught up with us and we went on home. Nobody said
  • 1731 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: heard a girl crying in the National Pencil Company's place of business about 2:30 o'clock in the afternoon, in the basement. He said that they wanted to find William Calhoun to show by him that the detectives had him down at the station house to talk with Jim Conley. He said that Conley stated to the detectives that he could show by Calhoun that he didn't pull the staple on the basement door at the basement of the factory and that if the detectives found Calhoun and had him down there and confronted him
  • 1732 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: to get Allen in a good humor. Burke said 'Tell Allen that the detectives and Dorsey will all be down and out and we will be up; so don't be afraid on their account and make an affidavit.'"I left Atlanta on April 2nd, 1914 and arrived at Chicago on April 3d. I went to the office of Thos. Dames' Detective Agency in Chicago in the Transportation building. I met there Aaron Allen. Allen told me that Burns' crowd had arrested him in Indianapolis and had brought him to Chicago. Allen furthermore stated that he
  • 1733 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: was the truth. I then went in and told W.J. Burns that Allen said he would make that affidavit but it would be a lie. Then Burns said 'I will talk to him in a few minutes.' In a few minutes Burns went back and got Allen and brought him in his office. Burns then said to Allen 'You God damn bastard, you are not loyal to those policemen and you are telling me a damn lie and you just as well come on across and tell me all about it.' After this the
  • 1734 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: name was something like 'Stoll'. I am not sure about this name.The affidavit stated that the maker was 28 years old; that he wasa citizen of Chicago, Ill. and said that he was with the SalvationArmy in Atlanta when the murder of Mary Phagan happened and was atthe rear of the National Pencil Factory's place of business on theafternoon of April 26th, 1913. The affidavit said he left becausesentiment was so strong that he was afraid he would get into sometrouble. The affidavit stated that he told a detective about thematters testified to in
  • 1735 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The State introduced the following documentary evidenceto-wit:Certified copy of an indictment against George Wrennfound at May Term, 1912, of Fulton Superior Court, in whichit was charged that on the 17th day of April, 1912, thesaid George Wrenn did steal certain jewelry, a detailed des-cription of which is set forth, of the alleged value of$28,437.88, the same being the property of S. and H. Gileey.Upon said indictment was a verdict of guilty dated October30, 1912, and the sentence by the court that the said GeorgeWrenn serve twelve months upon the Public Works of FultonCounty.The State
  • 1736 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: R. Miles, charging the parties named with the offense of car breaking on the 2nd day of February, 1912, and upon said indictment is an entry of nolle prosequi by the presiding judge, dated June 27, 1912.The State likewise introduced an indictment found at March Term, 1912, of Fulton Superior Court, against Hal Cline, A. Casey, McHenry Hatmaker, Jesse Duffy, A. L. Jesse and L. P. Eubanks, charging the parties named with the offense of car breaking on February 8, 1912, and upon said indictment is an entry of nolle prosequi, signed by the
  • 1737 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: March Term, 1912, of Fulton Superior Court, against L. P. Eubanke, John B. Hairston, B. Z. Spencer, A. L. Jesse and J. R. Miles, charging the parties named with the offense of car breaking on the 27th day of November, 1911, and upon said indictment appears an entry of nolle prosequi dated June 27, 1912, signed by the presiding judge.The State likewise introduced an indictment found at the March Term, 1912, of the Fulton Superior Court, against L. P. Eubanke, John B. Hairston, B. Z. Spencer, A. L. Jesse and J. R. Miles, charging
  • 1738 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: REBUTTAL ON BEHALF OF MOVANT.GROUP 2.DR. H. F. HARRIS, Movant introduced the following testimony ofDr. H. F. Harris, delivered on cross-examination at the original trial:"Q. What did he (Mr. Dorsey) tell you to examine? What parts of thebody did he tell you to examine? A. He told me he wanted me toexamine the stomach and tell him all I could about it.Q. Had you, in your own mind, what you were seeking? A. Therewas some question of poisoning and you were seeking to determine bytest for poison. A. Yes, sir.Q. Did you make a
  • 1739 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the City of Atlanta, for almost five years passedFurther deposing, deponent says that she is acquainted withLeo M.Frank and also R.P.Barrett, and knew Mary Phagan well, andknew the color of her hair.Further deposing, deponent says that on Monday, April 28th,she was at the National Pencil Factory, and Magnolia Kennedy calledher attention to the hair on a corner machine that R.P.Barrettwas alleged to have found there, and at that time she gave it asher opinion that the hair on the machine was not that ofMary Phagan, as it was entirely too light to be the
  • 1740 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: whether he would rather have a job around the Terminal Station than one just making $8.00 per month. I did not ask McKnight if he (McKnight) could learn to drive an automobile,nor did I tell him then if you would not like the job at the terminal station I will learn you to drive the car and give you a job. McKnight did state after he made his affidavit that he believe ham would be done him by the people at the place he was working and by the detectives, and I did tell
  • 1741 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: that every word he had stated in his affidavit to me was the truth. And while Burns was talking to McKnight I interrupted and asked McKnight to tell Burns and the others what, if anything I had promised him for making the affidavit, and McKnight told them I had promised him nothing,or made any inducement to him of any kind for making his affidavit, that he had simply done so because of his conscience and had hurt him and he was sorry he had lied about Frank. I did not ask Albert McKnight while
  • 1742 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and told the truth as it had relieved his mind and that he hoped the affidavit would undo the wrong that he had done to Leo M. Frank. The first time C.W.Burke called on me and my husband, the said C.W. Burke did not ask my husband to sign an affidavit, but that he had outlined to Albert the great wrong it was to lie and told him that even though it was possible to deceive the people on this earth, he could not deceive God Almighty. Mr.Burke told Albert on the occasion of
  • 1743 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: to McKnight, who held up his right hand and swore that every word contained therein was the truth in every respect.DAM McINTYRE, JR., sworn for the Movant. On Tuesday, May April 14, 1914, I was in an automobile with Dan S. Lehon and C.W.Burke, and Fred Lynn, who was the chauffeur driving the car. When the streets of Glynn and Pulliam in the City of Atlanta were reached, we met a negro who said that his name was Albert McKnight and who C.W.Burke also said was Albert McKnight. I heard Dan S. Lehon questioning
  • 1744 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: FRED LYNN Sworn for the Movant: On Tuesday, April 14, 1914, I was in an automobile with Dan S. Lehon, Dan McIntyre and C.W.Burke, and I was driving said automobile. When the streets of Glenn and Pulliam were reached, we met a negro man and his name was Albert McKnight and who C.W.Burke said was Albert McKnight. I heard Dan S.Lehon questioning said Albert McKnight with reference to an affidavit which he had made to C.W.Burke on January 19,1914, and I heard Dan S.Lehon read said affidavit to McKnight and McKnight stated that it
  • 1745 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Atlanta,was the man who induced him, McKnight, to swear falsely.I heard C.W.Burke tell McKnight to explain to all present what, ifany,offers said Burke made to him in order to secure his affidavitand McKnight replied that Mr.Burke had made no offers to him of anykind, and further said that Mr.Burke had not talked religion tohim,and that he had only told Mr.Burke the truth. Before affixingmy signature hereto I have carefully read the original affidavitsigned by said Albert McKnight,dated January 19,1914, and recognizein the contents thereof precisely the same statement Albert McKnightmade to me and others
  • 1746 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: told me that he had given false testimony at the trial of Leo M. Frank and expressed his sorrow for having done so.DR. THOS. H. HANCOK, Sworn for the Movant. On Sunday, March 22nd 1914, in company with Detective W.J.Burns, Attorney H.J.Haas and C.W.Burke, I called on Albert McKnight, who was a patient at the colored hospital known as Fair Haven Infirmary on West Mitchell Street, in the city of Atlanta, Georgia. I heard Detective Burns questioning Albert McKnight regarding the affidavit that McKnight had made to C.W.Burke on January 1914, and heard the
  • 1747 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: he asked Mr. Craven to give it back and Mr.Craven had refused and told him the statement had already been given to the detectives and if he, McKnight, did not now stick to the story, he would surely get in trouble. McKnight told me that twice during his period of testimony on the witness stand he came very near coming right out with the truth and would have done so had lesser kept after him a little longer. He also said that if Mr.Frank was ever tried again that he had told his wife
  • 1748 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: interviewed one Albert McKnight in the Gould Building, in the Cityof Atlanta, Georgia, and the result of my interview with Albert Mo-Knight appeared in the Sunday issue of the Hearst's Sunday Americanof February 22, 1914, and said interview correctly appeared therein.I closely questioned Albert McKnight regarding the affidavit re-ferred to, and McKnight stated to me that the affidavit made to C.W. Burke, a notary public for Fulton County, Georgia, on January 19,1914, was in every way the truth. I asked him if C.W.Burke or anyother person offered him any inducement or reward for the
  • 1749 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Pulliam Street.Deponent says that when he reached the Selig home on Saturday, April 26th, that his wife was preparing the noon time meal, but had not yet served it, and that she did not serve the meal before he left the house.Deponent says that he did not see Mr.Frank at all on April 26, 1913 and that his evidence in the trial of Mr.Frank was the result of a plan perfected by W.J.Burns and others to collect the reward offered for the arrest and conviction of the murderer of Mary Phagan.Deponent says he told
  • 1750 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: C. W. BURKE, DAN S. LEHON, Sworn for the Movant. We have been employed in investigating the Frank case. On or about the 9th day of April, 1914, each of us, together with J. O. Knight, went to the then boarding house of Miss Ruth Robinson, 404 Capitol Avenue. The affidavit purporting to be signed by said Miss Ruth Robinson, on the 9th day of April, 1914, before J. O. Knight, Notary Public, for Fulton County, and which has been introduced in evidence in this case, was signed in our presence, and said J.
  • 1751 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. Now - (Mr. Rosser: Don't lead). Q. What would he do and what would he do when he would be talking to her and she would be putting the rubbers in pencils? A. Well, he would put those rubbers in pencils? A. He would just show her.Q. What would he make her do when he would put those rubbers in pencils? A. He would just show her.Q. How would he show her? A. He would take up the pencils and show her how to do it.Q. Show her - how would he show
  • 1752 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: sworn to by the said Ruth Robertson before G.W.Burke,Notary Publicof Fulton County, a copy of which affidavit is hereto annexed andmade a part of this affidavit. When the said Ruth Robertson relatedthe facts and statements contained in the affidavit, she and I werethe only persons in my rooms at the said Hotel Weinhoff. I person-ally wrote out her statement of facts in long hand as she talkedand later dictated them to a stenographer in the form of the affi-davit that she later executed. The said Ruth Robertson met me inthe evening of the 20th
  • 1753 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Frank and asserted that he was a very bad man. I told him that I knew absolutely nothing against Mr.Frank's character. Mr.Dorsey insisted that I did, and persisted in the statement that he was of bad character. He asked if I had ever been in Mr.Frank's office. I told him that I had on several occasions, always on business errands connected with the work I was performing at the factory. He then asserted that I had been in Mr.Frank's office, with him alone, to keep dates for purposes other than business, to which I
  • 1754 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: his hands on Mary Phagan, and that she had seen him whisper to her or talk to her with his face close to hers. Maggie Griffin and Dewey Howell left the large room described two or three times together, and returned together and I heard Dewey Howell say repeatedly that she was afraid she would forget all Maggie had told her to say when she went into the court house, and Maggie said, "We will go over it again, so you won't forget it." This was repeated several times. I recall hearing Dewey Howell
  • 1755 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: DAN S. LEHON. Sworn for the Movant.I was present when Mrs.Mamie Edwards made an affidavit,dated Apr.13,1914, before Daniel Irwin Mclntyre, which affidavit was taken in the Leo M.Frank case to be used upon application for new trial.I heard said Mclntyre read the affidavit to Mrs.Mamie Edwards, heard her say that it was true and saw her sign it.GROUND 11.LEMMIE QUINN. Sworn for the Movant.On the 26th day of January,1914, I introduced Marie Karst to G.W.Burke,while they were in the store of J.H.Nunnally on Peachtree Street in Atlanta,Georgia,and the said G.W.Burke then and there told
  • 1756 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: prompting her and mentioning her in his office, he did not at any time use the word lasciviousness, but when she went on the witness stand, he did use the word, and asked her if Mr.Frank's character for lasciviousness was good or bad, and she answered bad, in the face of the fact that she did not know the meaning of the word "lasciviousness", and never had it explained to her until today; and since the explanation has been made, and she understands the words, she most emphatically denies that Mr.Frank's character or reputation
  • 1757 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: pany's factory. I read the attached blank affidavit to Mary Rich, which affidavit is hereto attached and marked Exhibit 'A, and asked Mary Rich if same was the truth, and Mary Rich said, "Yes sir, it is true, except the time should be two thirty P.M. instead of two fifteen P.M." explaining the reason she was positive about the time was because she remembered that as she passed her, with a grip in his hand going toward the Terminal Station; that she asked for the time of day and she said he looked at
  • 1758 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: stated to me that owing to the fact that I had been a former employ-er of his brother in law, W.H.Barber and further because of thefact that said Barber had spoken very highly of me that he (Dalton)would tell me the truth about his testimony at the trial of Leo M.Frank. He then and there proceeded to freely give me the inform-ation contained in the affidavit which has been presented at thishearing. I wrote out Dalton's statement in long hand at the timehe gave it, and on the following morning I gave the long
  • 1759 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: by which I could secure him a pass from Jacksonville to Atlanta, and return, stating that he had a daughter or sister in law whom he desired to visit. I explained to Dalton that while I had friends with the Southern Railway, it would be impossible for me to secure a pass for him or even for myself, owing to the present pass laws. I explained to Dalton that it would be impossible for me to do him a favor of any kind while the Frank case was pending, and Dalton acknowledged to me
  • 1760 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: master mechanic of the pencil company. I know that Beoker resigned his position during the month of December,1912. Beoker's office was on the fourth floor of the pencil company's place of business, and I know that Beoker issued orders on order blanks from his office, and there were in Beoker's desk at the time of his resignation duplicate order blanks, both in tablet form and in loose leaves. At the time that Beoker resigned a mix change was made in the office and dressing room space on the fourth floor, the part where Beoker's
  • 1761 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: which were thrown on the floor in the trash and certain blue prints found in the desk were placed in the steel cabinet on the fourth floor.GROUND 15.J. W. WRENN, Sworn for the Movent: At the instructions of C.W. Burke I called on Ivy Jones at the railroad freight depot. I represented to Ivey Jones that I was seeking/about an accident and that the injured man had given his (Ivey Jones') name as a witness to the alleged accident. I asked Ivey Jones what he knew regarding the accident that had taken place on
  • 1762 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: day. I instructed Wrenn to learn from Jones his entire movements on that day and the name of each person whom he met that day. Wrenn afterward returned to me and stated that he had interviewed Jones; that Jones did not witness an accident of any kind on Memorial Day and that he very readily gave his movements on that day, in detail. From the notes furnished me by Wrenn I dictated the affidavit which was signed by Jones on February 16, 1914, after writing the affidavit we located Jones at the corner of
  • 1763 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: B. WILDAUER, OTTO SCHWAB, A.J.GUTHMAN, ALBERT HAAS, ISAAC HAAS,HERMAN J. HAAS, H. REGENSTEIN, sworn for the Movant. On Friday,May 1, 1914, we met J.E.Duffy at the office of the Capital CityChair Company between 8 and 9:30 P.M. Herbert J. Haas was alsopresent. The affidavit of J.E.Duffy executed April 10, 1914, beforeJ.O.Knight was shown and to Duffy and Duffy acknowledged the sig-nature to the affidavit as his and that at the time of signingthe affidavit, he was properly sworn by the notary J.O.Knight;that he received no money or promise of reward or position to makethis
  • 1764 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: was paid to Duffy nor did I promise to give him a job at $15. per week, or any other job, to make the affidavit aforesaid. On the contrary, Duffy made it freely and voluntarily and he stated at the time that it was the truth. Dan S. Wilson was also present when the affidavit was taken by Knight. Knight read the affidavit over to Duffy and Duffy stated it was true, held up his right hand and swore to it and signed it before J.O.Knight, notary Public.H. O. KNIGHT, Sworn for the Movent.
  • 1765 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: made an affidavit, of date April 25,1914. Said affidavit was read aloud by said Annie Maud Carter and she thereupon signed it and was duly sworn by the notary J.O.Knight. Some of us questioned the said Annie Maud Carter and asked her whether she had received any money or promise of reward of any character and she answered that she had not, and that she had not been coerced or intimated in any way to make said affidavit. She further stated that every statement contained in said affidavit was true.Movert also introduced the following
  • 1766 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: this day April 26th. I told Black that the Mary Phagan sat in the front seat on the left hand side facing forward and I sat three seats behind her. I did not speak to Mary while on the car, but when we got off the car at Marietta on Forsyth Street, Mary got off ahead of me and I then said "Hello Mary, where are you going." Mary answered "I am going to get my money and go to see the parade, this being Decoration day and a holiday. This was all of
  • 1767 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: there acted suspicious toward her;that he came out ahead of her at nights when she would leave the factory and would look at her and wink at her and that she was "afraid of Frank" and asked me to come to the pencil factory every night to meet her. After this talk with Detective Black he gave me a nickel to buy a coca cola and told me to come back to the inquest which was being held on the second floor in police headquarters building. I did as he told me and after
  • 1768 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Black that I would do as he told me to. The next day I went direct-ly to the court house. In the court house I met detective Black andhe told me to go ahead and when I got on the stand to "do just aswell as I had done up to his office". On the stand I was only al-lowed to tell about riding on the car with Mary at the time thatI got on the car as instructed by Black and before I got off thecar. When I was cross examined by Mr.Rosser
  • 1769 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the Clerk, looked over my shoulder and following the whole time I was reading the affidavit to Epps. One or twice there were small mistakes to which Epps called my attention and Epps followed in the minutest manner the whole affidavit, which he afterwards signed. The Clerk, Mr.Cooper then asked Epps if he was willing to swear to the contents of the paper which he had read. Epps then held up his right hand and swore in Mr.Cooper's presence the the affidavit was the truth and nothing but the truth, so help him God.
  • 1770 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Mr. Burns's son brought me no such message and d d tell Mr.Burns, however, that he, Burns, desired me to talk to Allen. I told said Burns that it would be presumptuous for me to attempt to talk with Allen after he, Burns, several of his operatives, Jacobs, Isom had talked to Allen with identical results and for this reason I declined to talk to Allen. No affidavit was made by a Salvation Army man in my presence.JOSEPH W. CONROY, Sworn for the Movant. I am a Notary Public in and for the County
  • 1771 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: oonversation was had with Conley and hence Conley had no chance to decline it. I was in Conley's cell once or twice for the purpose of giving him medicine, but sometimes in there by myself. Neither of the parties aforesaid told me that I had as much opportunity to go into Conley's cell as they had and they would swear that Con- ley had confessed to me as well as to them, nor did I say to either of them "You are a damn fool; I am not going to mix in it." I
  • 1772 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: I endeavored to get an affidavit from Barrett, but Barrett statedthat he would sign no affidavit for any one. I impressed it uponBarrett that I only wanted the truth, and would be very glad to gowith Barrett before Hugh Dorsey, or Madison Bell, his(Barrett's)attorney before asking him to affix his name thereto, butBarrett refused. I did not authorise Jim Conley or any otherperson to secure railroad passes for the purpose of taking Barrettout of the city. I did tell Barrett that if I should put a lie ofany kind in an affidavit and send
  • 1773 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Q. On your hips at all? A. No.Q. Well, did he make any effort at all to pick up your lower limbs?A. Yes sir.Q. And your dress? A. Yes, sir, while I was sitting down talkingto him.Q. How long ago was that? A. It has been two years ago in March.Q. What did you say after staying there? A. Well, did I say?Q. Yes. A. Why, I just quit. I didn't go back any more until Satur-day, and I went back for my money and I found out it didn't suitme. I thought he
  • 1774 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: he believed Leo M.Frank innocent, but that he believed the murder had been committed on the second floor of the factory; that he also believed the hair taken from the lathe machine was that of Mary Phagan's, and that he was entitled to the reward which had been offered for the conviction of the murderer of Mary Phagan. Burke was testifying desirous of seeing the notes of Barrett in getting up the book that Barrett intended getting up on the case and promised to let Burke have them the next morning. Burke explained that
  • 1775 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the case,and on April 9,1914, I, together with Dan S. LeHon and J.O.Knight, retook the affidavits,hereto attached,marked Exhibits C and D. When affidavit Exhibit D was being taken by J.O.Knight, a Notary Public, Miss Lillie Pettis declined to testify that she did not believe her sister was telling the truth about Mr.Frank winking at her,and that statement was stricken out of the affidavit affidavit.)(The following are the exhibits attached to the above affidavit.)Georgia, Fulton. Personally appeared Mrs.Lillie May Pettis, of No.48 Girard Street, in the city of Atlanta,Fulton County, Georgia, upon oath, deposes and
  • 1776 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and a very large fat man whose name she does not know, calledon her at her home and that Bea Rosser does not know, calledto make her state that Mr.Frank had been familiar with her at thefactory and that she had seen him acting in a similar way withother girls at the factory; that she said Bea Rosser coaxed herpleased and even got mad with her because she would not swear tothese things for him. Deponent further states eao time that hecalled on her, she always stated that she had always found Mr.Frankto be
  • 1777 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: reach the factory until about 8 A.M. Deponent says that, after making application to Miss Flowers for a position,Miss Nellie immediately left the factory; and eaponent is sure that Miss Nellie did not at any time come in contact with Mr. Frank and is further sure that if she had seen him in the factory, she would not have known him, as deponent had never etther seen or pointed out Mr. Frank to her, and Miss Nellie had never told deponent that she knew Mr. Frank. Deponent also says that Miss Nellie never stated
  • 1778 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: done certain work for C.W.Burke, and when he employed me to work in this case, he instructed me that nothing was to be done in this case, except to seek the truth and I have never done anything except at Burke's direction, and I have never paid anything except what was just and fair. I have never offered to pay anybody anything to testify in this case, nor ever offered to reward them in any way.The hearing of said extraordinary motion for new trial came to an end on the 6th day of May,
  • 1779 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 4. The extraordinary motion for new trial, together with the order and the entries thereon, filed on the 16th day of April, 1914.5. The 1st amendment to the extraordinary motion for new trial, together with the order and entries thereon, filed on the 4th day of May, 1914.6. The 2nd amendment to the extraordinary motion for new trial, together with the order and entries thereon, filed on the 4th day of May, 1914.7. The 3rd amendment to the extraordinary motion for new trial, together with the order and entries thereon, filed on the 4th
  • 1780 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: and corrected by the Supreme Court of Georgia.Rosser & BrandonReuben R. ArnoldHerbert J. HaasAttorneys for Leo M. Frank.Post Office Address:Atlanta, GeorgiaI do certify that the foregoing bill of exceptions is true, and contains and specifies all of the evidence, and contains and specifies all of the record material to a clear understanding of the errors complained of; and the Clerk of the Superior Court of Fulton County is hereby ordered to make out a complete copy of such parts of the record in said case as are in this bill of exceptions specified, and
  • 1781 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: W. M. BradleyFiledOfficeJUN 30 1914No. 32March Term, 1914.FileCriminal DocketBILL OF EXCEPTIONSTHE STATEOFGEORGIA,vs.Frank
  • 1782 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Case No. ________ Term, 191_Superior CourtsFulton CountyLeo M. Frankvs.State of GeorgiaBill of ExceptionsFiled in office July 19, 191_Clerk
  • 1783 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: 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 affixed this the 22 day of June 1914Annie M. AnglesClerk Superior Court Fulton County, Georgia,Ex-Officio Clerk City Court of Atlanta.
  • 1784 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Slide context to be added soon
  • 1785 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Slide context to be added soon
  • 1786 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Slide context to be added soon
  • 1787 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: STATE OF GEORGIA,COUNTY OF FULTON.Be it remembered that at the May Term 1914 of the Superior Court of said County, there came on to be heard before Hon. B. H. Hill, Judge of said Court presiding, in the case of the State of Georgia vs. Leo M. Frank, the motion in writing, as amended, of the said Frank, upon the grounds therein set forth, to set aside the verdict of guilty of murder rendered against him in said cause. To the said motion the State of Georgia, by its Solicitor General, interposed its demurrer
  • 1788 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: set up presented no good and sufficient reason in law why the same should be sustained and the motion be dismissed; that said judgment was erroneous in sustaining the sixth ground of the general demurrer, because the ground of demurrer therein set up presented no good and sufficient reason in law why the same should be sustained and the motion be dismissed; that said judgment was erroneous in sustaining the seventh ground of the general demurrer, because the ground of demurrer therein set up presented no good and sufficient reason in law why the
  • 1789 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: the special demurrer, because said ground of demurrer present-ed no good and sufficient reason in law for striking thatportion of the motion of plaintiff in error in said secondground of the special demurrer pointed out, the saidportion of the motion, asmovant contends, being materialand relevant to the assertion. of the righte of movant asset forth in paragraph 7 of his said motion.And plaintiff in error specifies as all the recordmaterial to a clear understanding of the errors complainedof, the following:1. The motion of plaintiff in error, Leo M. Frank, to setaside the verdict of
  • 1790 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Tyre, Peeples & Jordanunderstanding of the errors complained of; and the Clerkof the Superior Court of Fulton County, Georgia, is herebyordered to make out a complete copy of such parts of therecord as are in this bill of exceptions specified and certifythe same as such, and cause the same to be transmitted to theSupreme Court of Georgia, now in session, that the errorsalleged to have been committed may be considered and corrected.This June 25th, 1914.Ben H. HillJudge Superior Court,Atlanta Circuit.
  • 1791 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: There is no visible text in the provided image.
  • 1792 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: The Prison Commissionof the State of GeorgiaMilledgeville, Ga.Aug. 18, 1915Hon. Geo. M. NapierState of GeorgiaPrison CommissionAtlanta, Ga.Dear Sir:I am in receipt of your letter of the 17th inst., in regard to the application of Leo M. Frank for a commutation of his sentence from death to life imprisonment, and in reply thereto will say that I have given the matter careful consideration and have consulted with others in regard to the same. I am of the opinion that the evidence in the case is not sufficient to warrant a commutation of the sentence. I
  • 1793 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: GEORGIA, Fulton County.I Hereby Certify, That the foregoing Bill of Exceptions, hereunto attached, isthe true original Bill of Exceptions in the case stated, to-wit:Leo M. FrankPlaintiff in Error.vs.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 18 day of July 1914Clerk Superior Court Fulton County, GeorgiaEx-Officio Clerk City Court of Atlanta
  • 1794 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Filed in officeJuly 30, 1913ClerkBill of ExceptionsStatevsLeo M. FrankCase No.September Term, 1913Atlanta CircuitClerk
  • 1795 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: No readable text shown
  • 1796 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Filedin officeJul 15 1914C. Bellamy, ClkBILL OF EXCEPTIONSTHE STATEFrankSUPREME COURT OF GEORGIA,October Term, 1914.No. 3FileCriminal Docket.
  • 1797 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.
  • 1798 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

    Visible Translated Text Is As Follows: ) ( I N D E X )Motion to set aside Verdict, Page 1.Amended Motion, Page 10.Demurrer, Page 11.Order on Demurrer, Page 16. Since all the page references are singular, I used "Page" for each entry. If there were any instances with multiple pages, I would have used "Pages" instead.
  • 1799 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (MOTION TO SET ASIDE VERDICT.)State of Georgia, No. 9410.Vs. (1). Fulton Superior Court.Leo M. Frank. (1).-----------------------------------------------------GEORGIA, FULTON COUNTY.IN THE SUPERIOR COURT OF FULTON COUNTY, GEORGIA.CONVICTION OF MURDER.MOTION TO SET ASIDE VERDICT.Now comes Leo M. Frank, the defendant in the above stated case, against whom in said case a verdict of guilty of murder was received by the Court on August 25th, 1913, and moves the Court to set aside said verdict for the following reasons:1.Because at the time that said verdict was received, and the jury trying the cause was discharged, this defendant was
  • 1800 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: waiver would be not only a renunciation of a right which the law established in his favor but would be a renunciation affect - ing the public interest.Because on the day said verdict was rendered, and shortly before Hon. L. S. Roan, the Judge who presided upon the trial of said cause, began his charge to the jury, the said Judge in the jury room of the court house wherein the trial was pro- ceeding, privately conversed with L. Z. Rosser and Reuben R. Arnold, two of the counsel of this defendant, and in
  • 1801 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: of this defendant to be present at the reception of said verdict, or to agree that this defendant should not be present thereat; and the relation of attorney and client did not give them such authority, though said counsel acted in the most perfect-good faith and in the interest of the personal safety of this defendant. Neither the said conversation, with Judge Roan, nor the purport thereof, was communicated to said Haas, nor did said Haas know thereof until after sentence was pronounced on defendant. (2). Defendant did not give to said Rosser, nor
  • 1802 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: of this defendant while he was so confined in jail, was in violation of and contrary to the provisions of Art. 1, Sect. 1, Par. 3 of the Constitution of the State of Georgia, providing that "no person shall be deprived of life, liberty or property, except by due process of law", the said reception of said verdict during the involuntary absence of this defendant and while he was confined in jail depriving the proceedings against him of the character of a trial to which he was entitled under the law and depriving him
  • 1803 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: involuntary absence of this defendant and while he was confined in jail depriving the proceedings against him of the character of a trial to which he was entitled under the law and depriving him of the hearing and the opportunity to be heard in his own defense to which he was entitled under the law and to which he was entitled under the said provision of the Constitution of the United States; and this defendant claims the protection of said provision.5.Defendant says that the said reception of said verdict in the involuntary absence of
  • 1804 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: had thought about this case more than any other he had evertried; that he was not certain of the defendant's guilt; thatwith all the thought he had put on this case, he was not thorough-ly convinced that Frank was guilty or innocent, but that he didnot have to be convinced; that the jury was convinced; that therewas no room to doubt that; that he felt it to be his duty to orderthat the motion for a new trial be overruled. This defendant saysthat under the provisions of the Fourteenth Amendment to theConstitution of the
  • 1805 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: are windows looking out from the court room into this alley, and that crowds collected therein, and any noises in this alley could be heard in the court room; that these crowds were boisterous, and that on the last day of the trial, after the case had been submitted to the jury, a large and boisterous crowd of several hundred people were standing in the street in front of the court house, and as the Solicitor General came out greeted him with loud and boisterous applause, taking him upon their shoulders and carrying him
  • 1806 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Monday, owing to the great public excitement, and the Court adjourned from Saturday, 12:00 o'clock P. M., to Monday morning, because he felt it unwise to continue the case that day, owing to the great public excitement, and on Sunday morning the public excitement had not subsided, and was as intense as it was on Saturday previous. And when it was announced that the jury had reached a verdict, the trial Judge went to the court room and found it crowded with spectators, and fearing violence in the court room, the Trial Judge cleared
  • 1807 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: STATE OF GEORGIA,COUNTY OF FULTON.In person appeared before me Leo M. Frank, who being dulysworn says: He has read the motion and answer set forth and isfamiliar with the contents thereof. Deponent says that each andall of the statements thereof as to anything which was done orsaid by this deponent and as to anything within the knowledge ofthis deponent are true. Deponent says that all the other state-ments made in said motion he is informed and believes are true.Leo M. Frank.Sworn to and subscribed before me,this 15th day of April, 1914.Montefiore Selig,N. P. Fulton
  • 1808 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: (AMENDED MOTION.)GEORGIA, FULTON COUNTY.Now comes Leo M. Frank, and with leave of the Court, amends his above stated motion as follows: By inserting between the word "and" and the words "until after sentence of death," in the last sentence of the paragraph numbered one of said motion, the words "did not know of any waiver of his presence made by his Counsel", so that said sentence as amended will read;"He did not even know that said verdict had been rendered and said jury discharged until after the reception of the verdict and discharge of
  • 1809 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: GEORGIA, FULTON COUNTY.(DEURRER.)The State of Georgia responding to the motion to set aside verdict in the above stated case says by way of demurrer:GENERAL DEMURRER.1. Said motion should be dismissed because a motion to set aside a verdict or judgment of the Court should be under the law predicated upon some defect appearing on the face of the pleadings or record, and the motion filed is not one predicated upon any defect appearing on the face of the pleadings or the record.2. Said motion should be dismissed because it affirmatively appears from paragraph 6
  • 1810 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: is binding on the said Leo M. Frank, and effectively constitutes a waiver.6. Said motion should be dismissed and this petition in conjunction with the decision of the Supreme Court of Georgia in the case of Leo M. Frank against the State of Georgia, affirmatively shows that said Frank after a knowledge of this waiver on the part of his counsel acquiesced in the same and took steps affirmatively indicating a waiver of such conduct on the part of his counsel.7. Said motion should be dismissed because it affirmatively appears from the same that
  • 1811 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: SPECIAL DEMURRER.Further, the State demurs specially to the following partsof the petition as aforesaid, and moves the Court to strike thesame because they are wholly immaterial and irrelevant to anyright which the Defendant Leo M. Frank might have even if hewas denied any right, and has not been estopped or did not waive thesame.Said parts demurred to specially are as follows:1. In paragraph 6 of said petition the following language,viz: "Because, Hon. L. S. Roan, stated that the jury had foundthe defendant guilty; that he, the said Judge, had thought aboutthis cause more than
  • 1812 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: been denied the due process of law."The State insists that in no event could this paragraph be pertinent or material, this question having been adjudicated in the decision of the Supreme Court of the State of Georgia in head note 19 in the case of Leo M. Frank against the State of Georgia, adversely to the said Frank's contention as aforesaid, said adjudication being now the law of the case and not, susceptible of being again reviewed and called in question here or elsewhere.2. The following portions of paragraph 7 should be stricken because
  • 1813 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: within the court room signifying their feelings by applause and other demonstrations; and on the trial, and in the presence of the jury, the trial Judge in open court conferred with the Chief of Police of Atlanta, and the Colonel of the Fifth Georgia Regiment, stationed in Atlanta, which had a natural effect of intimidating the jury, and so influencing them as to make impossible a fair and impartial consideration of Defendant's case; indeed, such demonstrations finally actuated the Court in making the request of Defendant's counsel, Messrs. Rosser and Arnold, as detailed in
  • 1814 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: demurrer herein previously referred to.E. A. Stephens,Hugh M. Dorsey,Solicitor General.Filed in office this the 5th day of June, 1914.John H. Jones, D. Clk.(ORDER ON DEMURRER.)Upon considering the above and foregoing demurrer and after argument the same is hereby sustained on each and every ground and the motion to set aside the verdict vs., said Leo M. Frank is dismissed.This June 6, 1914.Benj. H. Hill,Judge Superior Court.
  • 1815 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 theSupreme Courtin the case ofLeo M. FrankvsState of GeorgiaPlaintiff in Error.Defendant in Error.Witness my signature and the seal of Court affixed this the 22 day of July 1914Clerk Superior Court Fulton County, GeorgiaEx-Officio Clerk City Court of Atlanta
  • 1816 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: FiledIn officeClerk191State of GeorgiavsLeo M. FrankNo.FultonFileTerm 191Atlanta CircuitTranscript of Record
  • 1817 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: No readable text found
  • 1818 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914 Visible Translated Text Is As Follows: Filed in office Jul 15 1914W. & C. BaileyTRANSCRIPT OF RECORDTHE STATENo. 3Supreme Court of Georgia.October Term, 1914.Filed Jul 15 1914Criminal Docket.11567
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