0305 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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EXHIBIT M M

Georgia, Hancock County.

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

To the Honorable Clerk of the Superior Court of Hancock
County, Georgia.

This application shows the following facts:

Heretofore a verdict of guilty was rendered in said case,
judgment was passed by the Court, and motion for new trial
was filed in said case, which said motion for new trial is set
for hearing on Oct., 4th, 1913, before Judge L. S. Roan, Judge
of the Stone Mountain Circuit.

It is shown that there are three parties who reside in Sparta,
Hancock County, Georgia, to-wit: John W. Holmes, Esq., Shi Gray,
Esq., and S. M. Johnson, Esq., whose affidavits are desired by
the movant as evidence on said motion; and further that all
three of said parties have refused to give said affidavits.

Wherefore, this application is made to the Clerk as provided
by Sections 5918-19 of the Civil Code of 1910, State of Ga.,
that subpoenas may be issued addressed to each of said parties
requiring them to be and appear before John W. Lewis, Esq., a
Notary Public of said Hancock County, Ga., and answer under
oath such written questions as are hereto annexed and such
further written questions as may be propounded upon the hearing,
in lieu of making said affidavit.

R. P. Arnold,
L. Z. Rosser,
Attys. for Leo M. Frank, Movant.

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