1272 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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230

ton and Forsyth St. exactly twelve o'clock as I went straight on down there.
It took me three or four minutes to go there.

CROSS EXAMINATION.

I know what time it was because I looked at my watch. First time I
told it was a week ago last Saturday, when I told an officer. I didn't tell it
because I didn't want to have anything to do with it. I didn't consider it
as a matter of importance until I saw the statement of the motorman of the
car she came in on, and I knew that was wrong. She was dressed in blue, a
low, chunky girl. Her hair was not very dark. She had on a blue hat.

GEORGE KENDLEY, sworn for the State in rebuttal.

I am with the Georgia Railway & Power Co. I saw Mary Phagan about
noon on April 26. She was going to the pencil factory from Marietta St.
When I saw her she stepped off the viaduct.

CROSS EXAMINATION.

I was on the front end of the Hapeville car when I saw her. It is due
in town at 12 o'clock. I don't know if it was on time that day. I told sev-
eral people about seeing her the next day. If Mary Phagan left home at 10
minutes to 12, she ought to have got to town about 10 minutes after 12, some-
where in that neighborhood. She could not have gotten in much earlier. The
time that I saw her is simply an estimate. That was the time my car was
due in town. I remember seeing her by reading of the tragedy the next day.
I didn't testify at the Coroner's inquest because nobody came to ask me. No,
I have not abused and vilified Frank since this tragedy. No, I have not made
myself a nuisance on the cars by talking of it. I know Mr. Brent. I didn't
tell him that Mr. Frank's children said he was guilty. Mr. Brent asked me
what I thought about it several times on the car. He has always been the
aggressor. As to whether I abused and vilified him in the presence of Miss
Haas and other passengers, there has been so much talk that I don't know
what has been said. I don't think I said if he was released I would join a
party to lynch him. Somebody said if he got out there might be some trouble.
I don't remember saying that I would join a party to help lynch him if he
got out. I talked to Mr. Leach about it. I don't remember what I told him.
I told him I saw her over there about 12 o'clock. That was the time the car
was due in town. I know I saw her before 12.05. My car was on schedule
time. I couldn't swear it was exactly on the minute.

HENRY HOFFMAN, sworn for the State in rebuttal.

I am inspector of the street car company. Matthews is under me a ver-
tain part of the day. On April 26 he was under me from 11.30 to 12.07. His
car was due at Broad and Marietta at 12.07. There is no such schedule as

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