1362 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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310

wise, may show cause before me, Friday, the 13th day of June, at 10 o'clock A. M., at my chambers in Thrower Building, Atlanta, Ga., notice to be served by the sheriff or one of his deputies by leaving copy of this petition and order, at once.
June 11, 1913.
(Signed) L. S. Roan.

Service acknowledged and further service waived. The confinement of said James Connally in the Police station was at my request and at the request of my client James Connally and I agree for said Connally to remain in custody of the police authorities until the trial of Leo M. Frank or until the indictment of said Connally. I agree to his confinement because he is a material witness for the State and I desire his confinement at the police station, because of repeated attempts on the part of his visitors at the jail to torture and intimidate said James Connally and to safeguard said James Connally from perjured admissions, supposed to have been made by him. I waive his presence at the time of this trial.
June 11, 1913.
(Signed) Wm. M. Smith,
Attorney for James Connally.

Georgia, Fulton County.
Comes Newt Lee, by his attorney, Bernard L. Chappell, and in pursuance of an order made by L. S. Roan, Judge of the Superior Court, Criminal Division of said County, on the 11th day of June, 1913, hereby acknowledges service of said order as referred to the said Newt Lee, who is being held in the Fulton County common jail upon the order of Paul Donehoo, coroner of said county as a suspect in the Mary Phagan murder case.
June 12, 1913.
(Signed) Bernard L. Chappell,
Attorney for Newt Lee.

Georgia, Fulton County.
I have this day served L. Z. Rosser, Atty. for Leo M. Frank, personally with a copy of the within order.
This June 12, 1913.
(Signed) T. A. Burdett,
Deputy Sheriff.

Georgia, Fulton County.
State of Georgia,
vs.
Leo M. Frank.
Fulton Superior Court.
Criminal Division, Indictment for Murder.

And now comes James Conley, and in answer to the rule nisi issued in the above case, shows to the court as follows:

1. Respondent admits that he is now held in custody under orders of this Court, at the police prison of the City of Atlanta, having been originally held