0242 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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the solicitor general from making the erroneous statements of
fact objected to-by the defendant's counsel which the evidence
did not authorize, and in permitting him to proceed, and in not
rebuking the Solicitor General, and in not stating to the jury
that there was no such evidence as the Solicitor General had
stated, in the case, and defendant says that for this improper
argument, and for this failure of the Court, there should be
granted a new trial.

97. Movant further says that a new trial should be granted
because of the following:
In his concluding argument Solicitor General Dorsey, referring
to the defendant's wife, and referring to the claim made by the
Solicitor General that the defendant's wife had not visited him
for a certain time after he was first imprisoned, told the
jury:
"Do you tell me that there lives a true wife, conscious of her
husband's innocence, that wouldn't have gone through snapshooters,
reporters and everything else, to have seen him"--
Whereupon the following colloquy ensued.
"Mr. Arnold: I must object to as unfair and outrageous an
argument as that that his wife didn't go there through any
consciousness of guilt on his part. I have sat here and heard
the unfair argument I have ever heard, and I can't object to
it, but I do object to his making any allusion to the failure
of the wife to go and see him; it's unfair, it isn't the way
to treat a man on trial for his life."
"The Court: Is there any evidence to that effect?
"Mr. Dorsey: Here's the statement I have read."
"Mr. Arnold: I object to his drawing any conclusions from
his wife going or not going, one way or the other,-- it's an
outrage upon law and decency and fairness."
"The Court, Whatever was in the evidence or the statement I
must allow it."
Mr. Dorsey, (resuming): "Let the galled jade wince"
"Mr. Arnold: I object to-- "I'm not a 'galled jade' and
I've got a right to object. I'm not galled at all, and that
statement is entirely uncalled for."
"The Court: He has got the right to interrupt you"
159.