1287 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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I was looking for to come in, and that was the night watchman. He got there at 20 minutes to four. I had previously arranged with him to get there. On Friday night I told him, after he got his money, to give him the keys and I said, 'You had better come around early to-morrow because I may go to the ball game,' and he came early because of that fact; I told him to come early and he came 20 minutes to 4. I figured that I could leave about 1 o'clock and would not come back, but it was so cold I didn't want to risk catching cold and I come back to the factory as I usually do. He come in and I said 'Newt, you are early,' and he said, 'Yes, sir,' and he had a bag of bananas with him and he offered me a banana; I didn't see them but he offered me one and I guess he had them. We have told him once he gets in that building never to go out; I told him he could go out; he got there so early and I was going to be there. He come back about 4 minutes to six; the reason I know that I was putting the clock slips in and the clock was right in front of me. I said, 'I will be ready in a minute,' and he went downstairs and I come to the office and put on my coat and hat and followed him and went out. When I went out, talking to Newt Lee was J. M. Gantt, a man I had fired about two weeks previous. Newt told me he wanted to go up to get-a-pair of shoes he left while he was working there, and Gantt said to me, 'Newt don't want me to go up,' and he said, 'You can go with me, Mr. Frank,' and I said 'That's all right, go with him, Newt,' and I went on home, and I got home about 6:25. Nothing else happened; that's all I know. I don't know what time Gantt came down after he went up. I saw him go in and I locked the door after him, but I didn't try them. I telephoned Newt. I tried to telephone him when I got home; he punches the clock at half hour intervals, and the clock and the phone is in the office, and I didn't get an answer and at 7 o'clock I called him and asked him if Gantt got his shoes and he said yes, he got them, and I said is everything all right and he said yes, and the next thing I knew they called me at 7:30 the next morning. I don't know that our watchman has been in the habit of letting people in the factory any time. I have never heard of it. I never had any trouble with the watchman about it. As to whether any of our employees go there at night, Gantt did, when he was working there; he had a key and sometimes he would have some work left over. I never have seen him go out until I go out. I go out and come back, but he has come back before I left, but that is part of his duty. I took a bath Saturday night at my home. I changed my clothes. The clothes that I changed are at home, and this is the suit of clothes I was wearing Saturday. After I left the shop I went to Jacob's Pharmacy and bought a box of candy for my wife and got home about 6:25."

STATE'S EXHIBIT C.

Piece of cord found around Mary Phagan's neck, about size of a heavy twine, with a knot in it.