0220 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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When it was announced that the jury had agreed upon a verdict
crowds had thronged the court room to such an extent that the Court
felt bound to clear the court room before receiving the verdict.

This the Court did. But, when the verdict of the jury was ren
dered, a large crowd had thronged the outside of the court house;
some one signaled to the outside what the verdict was, and the crowd
on the outside raised mighty shouts of approval. So great was the
shouting and applause on the outside that the Court had some
difficulty in hearing the response of the jurors as he called
them.

The defendant was not in the court room when the verdict was
rendered, his presence having been waived by his counsel.
This waiver was accepted and acquiesced in by the Court, because
of the fear of violence that might be done the defendant were he
in Court when the verdict was rendered.

When Mr. Dorsey left the court room, he was met at the court
house door by a multitude, was harrangued, cheered, taken upon the
shoulder of a part of the crowd and carried partly to the build
ing opposite, wherein he had his office.

This defendant contends that the above recital shows that he
did not have a fair and impartial jury trial; that a new trial
ought to be granted, and that the court failing to grant such new
trial, will commit error.

In support of this ground of the motion movant refers to the
affidavits hereto attached marked Exhibits J to AA inclusive,
and hereby made a part of this motion for new trial.

76. Because the Court erred in not leaving it to the jury to
say whether or not, under the facts, the witness Conley was an
accomplice.

The state insisted that Conley was watching for Frank to
enable him to have connection with some girl, naturally or
unnaturally and Frank seeking to get her consent and failing
killed her to insure her silence, and then employed Conley who had
previously been watching for him to enable him to conceal her
body. If Conley was aiding and abetting Frank in his transactions
with Mary Phagan, and if, as a natural and probable result of
/37.