0265 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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EXHIBIT H.

GEORGIA, FULTON COUNTY.

State of Georgia, Fulton Superior Court.
Vs.
Leo M. Frank.

Before me personally appeared Miss Miriam Loevenhart,
who makes this affidavit to be used on motion for a new trial
in the above stated case.

Deposing on oath she says that she is personally acquainted
with M. Johenning, a juror, who sat on the above stated
case; she says that prior to the trial of Leo M. Frank, said
juror, M. Johenning, had a conversation with this deponent
and deponent's mother, and in their presence expressed his
profound conviction that Leo M. Frank was certainly guilty of
the murder of Mary Phagan.

Further deposing she says that said M. Johenning made this
statement, positively, almost vehemently, and that his exact
language, which was in response to a remark from this deponent in
reference to the case was, as near as deponent recalls, "I know
that he is guilty", referring to Leo M. Frank. Said M. Johenning
made this statement more than once to this deponent before
the commencement of the trial of Leo M. Frank for murder.

Miriam Loevenhart.

Sworn to and subscribed before me,
this 2nd day of Sept., 1913.

C. W. Burke,
Notary Public, Fulton County, Ga.