1363 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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311

in the prison of Fulton County, also under order of this Court, the cause of said commitment by this Court of respondent, being the conviction that Respondent is a material witness in the above case, in behalf of the State, and it is desired to insure the presence of Respondent at the trial of the above case.

2. Respondent admits that he is now at the City police prison at his own request and instance, and through the advice and counsel of his attorney.

3. Respondent shows to the court that the City police prison is so arranged and so officered, that Respondent is absolutely safe as to his physical welfare from any attack that might be made upon him; that he is so confined that his cell is a solitary one, there being no one else even seated in the cell block with him; that the key to this cell block and the cell of Respondent is always in the possession of a sworn uniformed officer of the law; that under the instructions of Chief of Police Beavers, said sworn officers are not allowed to permit any one to approach this Respondent or come into his cell block, except the attorney of Respondent and such persons as this Respondent may agree to see and talk with; that Respondent so confined is protected from any physical harm and is protected from the possibility of legal harm by others who might seek to damage Respondent by false claims as to statements alleged to be made by Respondent;

4. Respondent nor his counsel have made no request for the release of Respondent, or his transfer to any other place of confinement.

5. Respondent is willing to remain indefinitely as a prisoner in solitary confinement, under any reasonable rules this court may direct, subject to any further order or direction of this Court.

6. Respondent admits that he is a material witness in behalf of the State of Georgia in this case, and admits that in the exercise of sound discretion it is proper that Respondent be held until the final trial of this or any other case growing out of the unfortunate death of Miss Mary Phagan, but this Respondent denies that in the exercise of sound judicial discretion, it is necessary for this Court to order Respondent held at any particular prison.

7. Respondent denies that this Court has legal right in the exercise of sound judicial discretion to order this Respondent held as a witness in behalf of the State, when it is shown to this Court, as it is shown beyond peradventure of a doubt, that there is no possibility for this Respondent not to be present and subject to call as a witness in behalf of the State, since he is held in complete and perfect imprisonment, and there being no possibility that the ends of justice will be thwarted, and all of these facts being without the slightest possible question, there is no reason for any order of this Court, committing Respondent.