0922 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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carry it back, and he put the body on his shoulder and carried it back to this sawdust which is away back here, and that he came on back, and he said there was some things in here which he threw on this trash pile, and Mr. Frank, he said, was up in the cubby hole, he came out somewhere back there— and later he led us up there—and that Mr. Frank told him to run the elevator up; so Conley and the officers and Mr. Frank got us who were with him came up in the elevator, and when they got to the first floor, just before getting to the first floor, he said this was where Mr. Frank got on the elevator. Mr. Frank was waiting there for him. Then they brought the elevator on up to the second floor, and he had them to stop the elevator, just, I suppose, a foot or a little more below the landing; and he said Mr. Frank jumped off when the elevator was about that point, and after getting up, he said Mr. Frank went around the elevator to a sink that he showed us back of the elevator, to wash his hands; and he waited out in front and he said he shut off the power while Mr. Frank was gone around there; and when Mr. Frank came back, they went in the office, and he led us on in the office through—there is an outer office there, and he came in this way and come through in this office back here, this inner office, and he indicated Mr. Frank's desk and a desk right behind it;—I presume this is the two desks (indicating); that Mr. Frank sat down in the chair at that desk, and he told him to sit at the other desk, and Mr. Frank told him to write some notes; and he wrote, and he asked by some of the officers to write what Mr. Frank —I know the note, and he sat down there and wrote one note—and I believe and that Mr. Frank watched him some time and that later he took it back, and I don't remember whether he gave him the cigarettes and money before or after this, I don't know. Anyway, when he was in here, after he had written the notes for the first time, he had him to write them over, and he wrote them over with my copy. He hadn't found it was time for me to get in the telephone in the office for relief; he was still sitting there; and I to the office and I left him there in those offices to relieve me—and I went about a quarter past twelve when Conley got there I went in. I judge it was five minutes before that time. I left about one. I must have gotten there right up the steps and, probably two or three o'clock. They rushed Conley there, he began this enactment, and he went very cautiously after he got up to keep behind him. Questions were constantly asked—we sort of trotted of the officers, I have cut out a good deal of Conley's testimony by four or five I have no way of indicating. He was talking and walking. Just how much, rupted by questions. I didn't time when I got out there, except when interrupted from the police station it was ten minutes after, when I got to the down just about a block and a half. Conley got there, I should say—walked five minutes after I did. I left a little after one, probably five or ten minutes. It would be difficult thing for me to estimate how much time it took Conley to enact what he did, leaving out the conversation, he had with different men. While he was acting, he was acting very rapidly; he kept us on the trot. There is no way for me to give you my opinion as to how long it took the trot. to go through that demonstration; there was no way to disassociate the time and find out the difference between the two—between the time he was acting and talking. I didn't attempt to do that."
The defendant objected to this testimony because :
(a) This so-called experiment made with Conley was solely an endeavor on their part to justify his story.
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