0166 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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witness Harris was upon the stand, the crowd laughed jeeringly
when Mr. Arnold, one of the defendant's counsel, objected to
a comment of the solicitor, and that, too, in the presence of
the jury.

And again,during the trial, when Mr. Arnold, one of the
defendant's course, objected to a question asked, the following
colloquy took place:

" Mr. Arnold: I object to that you Honor; that is, entering
the orders on that book merely; that is not the questions he
is asking now at all.

The Court: What is the question he is asking now?
(Referring to questions asked by the Solicitor General).

Mr. Arnold: He is asking how long it took to do all this work
connected with it. (Referring to work done by Frank the day
of the murder.)

The Court: Well, he knows what he is asking him"

Upon this suggestion of the Court, that the Solicitor knew
what he was doing, the spectators in the court room applauded
creating quite a demonstration.

Mr. Arnold again complained of the conduct of the spectators
in the court room. The Court gave no relief, except directing
the Sheriff to find out who was making the noise, to which the
Sheriff replied that he could maintain order only by clearing
the court room.

25. Because the Court erred in admitting, over the defendant's
objection, made at the time testimony was offered, that it
was illegal, immaterial and irrelevant, the introduction of cer
tain glass bottles containing partly digested cabbage, which
resulted from tests made on other parties by the witness, Dr.
Harris, whereon the cabbage which he claimed to be cooked the
same was as the cabbage eaten by Mary Phagan, after it had
remained in the stomach of such other parties from 30 to 50
minutes were taken out by means of a stomach pump.

The purpose of these experiments was to show the state of di-
gestion of this cabbage in comparison with the state of diges-
tion of the cabbage taken from the stomach of Mary Phagan, so
as to sustain the contention of the State that Mary Phagan was
killed within 30 or 40 minutes after eating the cabbage and bread