0250 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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Reading Time: 3 minutes [317 words]

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morning, and that isn't the evidence, there's not a line to that
effect."

"The Court: Do you still insist that he had it in his
pocket?"

"Mr. Dorsey: I don't care anything about that; the point of
the proposition, the gist of the proposition, the force of the
proposition is that old Holloway stated, way back yonder in May,
when I interviewed him, that the key was always in Frank's office;
this man told you that the power box and the elevator was
unlocked Sunday morning, and the elevator started without any-
body going and getting the key."

"Mr. Rosser: That's not the point he was making; the
point he was making, to show how clearly Frank must have been
connected with it, he had the key in his pocket. He was wil-
ling to say that, when he ought to know that's not so."

"The Court: He's drawing a deduction that he claims he's
drawing."

"Mr. Rosser: He doesn't claim that. He says the point is it was
easily gotten in the office, but that's not what he said."

"The Court: You claim that's a deduction you are drawing?"

"Mr. Dorsey: Why, sure."

"The Court: Now, you don't claim the evidence shows that?"

"Mr. Dorsey: I claim that the power box was standing open Sun-
day morning."

"The Court: Do you insist that the evidence shows he had it in
his pocket?"

"Mr. Dorsey: I say that's my recollection, but I'm willing
to waive it, but let them go to the record, and the record will
sustain me on that point, just like it sustains me on the evidence
of this man Rogers, which I'm now going to read."

Movant says that the Court erred in not rebuking the Solicitor
General for the foregoing improper argument, which was not
evidence, and erred in not stating to the jury
that there was no evidence that Frank had the key in his pocket,
and in allowing the Solicitor General to proceed unrebuked and un-
interrupted with said illegal argument, and in not making a square
167.