1361 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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309

livered back by said Chief of Police, the attorney for James Connally con-
senting and not objecting to this order, and being present.
This May 31, 1913.
(Signed) L. S. Roan,
Judge S. C. Stone Mountain Circuit,
Presiding.

This is consented to by me
(Signed) William M. Smith
Attorney for James Connally.

Georgia, Fulton County.
To Hon. L. S. Roan, Judge of the Stone Mountain Circuit,
Presiding in the Superior Court, Criminal Division:—
The petition of Hugh M. Dorsey, Solicitor General of the
Atlanta Circuit, respectfully shows:—

1.
On May 29, 1913, this court, on petition of the above named Solicitor Gen-
eral,—representing that James Connally was a material witness for the State
in the case of THE STATE vs. LEO M. FRANK, under indictment for mur-
der, and that said James Connally would probably not be forthcoming to
respond to a subpoena in said case,—ordered said James Connally held until
further order of court as a witness in the above stated case, and to be con-
fined in the county jail and subsequently upon petitioner's request made at
the instance of said Connally and his attorney, said Connally was allowed
held by the police authorities of the City of Atlanta.

2.
Petitioner is satisfied that the necessity for holding said James Connally
under the orders heretofore granted on the aforesaid petition as a witness in
said case no longer exist.

3.
Wherefore, petitioner prays that the orders heretofore granted in said
cause be revoked, and that said James Connally be discharged from custody
under said orders.
(Signed) Hugh M. Dorsey,
Sol. Gen. Atlanta Circuit.

Georgia, Fulton County.
Read and considered, it is ordered that this petition and order be filed and
duly served upon other claimed suspects in connection with the Phagan mur-
der, and confined in common jail of said County, to-wit: Leo M. Frank and
Newt Lee, both either personally or by serving their attorneys, and any other
citizen of said County who may receive this notice by publication or other-