0012 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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no knowledge whatsoever as to H. Johenning and A. H. Henslee, two of
the jurors, being prejudiced, partial and biased in said case, as
evidenced by the affidavits of H. B. Lovenhart, Mrs. J. D. Lovenhart,
Miss Marian Lovenhart, S. Aron, Max Marks, R. L. Grenary, John W. Holmes,
S. H. Grey, S. H. Johnson, J. A. Innis, W. W. Walker, J. W. Coleman and C. B.
Stough. Affiant did not know either of said jurors and had never seen
or heard of them before; that he did not know until after the trial
and did not have any means of knowing until after said trial, that
said Johenning and said Henslee, or either of them, had made any
statement of any kind to or in the presence of any of the persons
hereinbefore named; that before said trial, at the time of entering
upon said trial, and during said trial, he had no knowledge or means
of knowing that said persons were prejudiced, partial or biased, as
is shown by the affidavits or depositions of the persons named, and
the facts stated in said affidavits and depositions were unknown to
this affiant until after the verdict and sentence in said case; that
he has been guilty of no laches in this matter, and has, together
with his counsel, used all the means at hand to obtain the facts and
circumstances in connection with the statements made by said parties
and all of them that said facts were discovered after the verdict
and sentence of the court in the case above stated, and the affidavits
of said witnesses were taken on the dates shown in the jurat to each
affidavit, and the same are brought to the attention of the court by
being presented on the day for the return of the rule nisi, which is
October 4, 1913, and which is the earliest time at which such affi-
davits could be brought to the attention of the court; he further says
that had he known at the trial of any facts or statements which would
disqualify, or tend to disqualify, said jurors, or either of them, when
said jurors were upon their voir dire in said case, that this affiant
would have had his counsel bring the same to the attention of the
court promptly at that time.

W. P. Nesbit makes the following affidavit, deposing and say-
ing as follows: that he was present in the courtroom during the trial
of Leo M. Frank, for the murder of Mary Phagan, for two full days dur-
ing the trial, and from time to time on other days, and at the time
of the facts hereinafter stated, deponent was sitting just where the
jury passed by going from the jury box to the rear end of the court