0209 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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facts, movant contends, olearly show that the defendant was not
having a fair trial by reason of the great excitement of the
crowd. The court room was in an exceedingly small building, on
the ground floor, and was crowded during the trial, and defendant contends that this prejudice and animosity of the
crowd against him, as shown by the frequent applause, necessarily
reached the jury box and prevented him from having a fair trial.

As permitted by the Court, in his order just aforesaid, we
attach hereto in support of this motion for new trial the affida-
vits hereto attached, marked Exhibit J to M, both inclusive,
and said Exhibits are hereby made a part of this motion for
new trial.

65. Because the defendant contends he did not have a fair
and impartial trial, by an impartial jury, as provided by the
Constitution and laws of this State for the following reasons,
to-wit:

(a). On August 6, 1913, during the trial, the defendant's counsel
moved to rule out the testimony of the witness Conley tending
to show acts of perversion and acts of immorality on the part
of the defendant, wholly disconnected with and disassociated from
this crime. The Court declined to rule out said testimony and
immediately upon the statement of the Court that he would let
such testimony remain in evidence before the jury there was
instant, pronounced and continuous applause throughout the crowded
court room where the trial was being had, by clapping of hands and
by striking of feet upon the floor.

While the jury was not then in the same room where the trial
was being had, they were in a room about 50 feet from where the
judge was sitting and about 20 feet from portions of the crowd
applauding, and so close that perhaps the jury could have heard
the applauding.

(b). And again during the trial, Mr. Arnold, one of the counsel
for the defendant, in the presence of the jury, objected to
a question asked by the solicitor, and the following
occurred:

Mr. Arnold: I object to that, your Honor, that is entering the
orders on that book merely; that is not the question he is asking
now at all. 1/26.

The Court: What is the question he is asking now?