1273 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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231

12:07 1-2. I have been on his car when the cut off the Fair St. car. Fair St.
car is due at 12:05. I have compared watches with him. They vary from 20
to 40 seconds. We are supposed to earn our right time. I have called
Matthews attention to running ahead of schedule once or twice. They come
in ahead of time on relief time for supper and dinner.

CROSS EXAMINATION.

I don't know anything about his coming on April 26th. We found out he
was ahead of time way along last March. He was a minute and a half ahead.
I have caught him as much as three minutes ahead of time last spring, on the
trip due in town 12:07. I didn't report him, I just talked to him. I have
known him to be ahead of time twice in five years while he was under my
supervision.

N. KELLY, sworn for the State in rebuttal.

I am a motorman of the Georgia Railway & Power Co. On April 26, I
was standing at the corner of Forsyth and Marietta St. about three minutes
after 12. I was going to catch the College Park car home about 12:10. I saw
the English Avenue car of Matthews and Mr. Hollis arrive at Forsyth and
Marietta about 12:03. I knew Mary Phagan. She was not on that car.
She might have gotten off there, but she didn't come around. I got on that
car at Broad and Marietta and went around Hunter St. She was not on there.

CROSS EXAMINATION.

I didn't say anything about this because I didn't want to get mixed up
in it. I told Mr. Starnes about it this morning. I have never said anything
about it before. That car was due in town at 12:07. The Fair St. car was
behind it.

W. B. OWENS, sworn for the State in rebuttal.

I rode on the White City line of the Georgia Railway & Electric Co. It is
due at 12:05. Two minutes ahead of the English Avenue car. We got to
town on April 26, at 12:03. I don't remember seeing the English Avenue car
that day. I have known that car to come in a minute ahead of us, sometimes
two minutes ahead. That was after April 26. I don't recall whether it oc-
curred before April 26.

LOUIS INGRAM, sworn for the State in rebuttal.

I am a conductor on the English Avenue line. I came to town on that
car on April 26. I don't know what time we came to town. I have seen that
car come-in-ahead-of-time several times, sometimes as much as four minutes.