0248 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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Mr. Dorsey: That's quibbling".
Mr. Arnold: Is that correct, Your Honor?"
"The Court: No, that's not correct; whenever they object, Mr.
Dorsey, if you don't agree upon the record, have it looked up,
and if they are right and you know it, and - you are wrong, or if
they are wrong and you also know it, if they are wrong they
are quibbling, and if they are right they are not quibbling. Now,
just go on".
"Mr. Rosser: Now, the question of whether Boots said he
went into that room is now easily settled", Mr. Rosser here read
that portion of the cross examination of the witness Rogers
stating that when Frank left the door of the undertaking room,
he went out of his view.
Mr. Dorsey: Well, that's cross examination, ain't it?"
"Mr. Rosser, Yes, but I presume he would tell the truth on
cross examination, I don't know he would out of his view,
he didn't say he went into a room".
"Mr. Dorsey: Correct me if I'm wrong, Boots Rogers said he
didn't go where the corpse lay, and that's the proposition we
lay down."
Mr. Rosser: That isn't the proposition either; now you made
a statement that isn't true, the other statement isn't true
Rogers said, that when he left he went out of my view", he
was practically out of his view all the time. I was just trying
to quote the substance of that thing".
Mr. Dorsey, (resuming): "He wanted to get out of the view of
any man who represented the majesty and dignity of the law, and
he went in behind curtains or any old thing that would hide his
countenance from these men. And he said on the leading examination"
"Mr. Rosser, I don't know what you led out of him, but on
the cross he told the truth".
Movant shows that under the foregoing facts, the Court erred in
not making any ruling at all, and erred in allowing the