1377 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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the hair so taken from the body of Mary Phagan and the hair so
claimed to have been found by the witness Barrett, and, as a
result of said microsocopic examination, said Harris discovered
that the hair bore no resemblance to the hair taken from
the body of Mary Phagan, either in color, texture, shape, or other
particular. Defendant further shows that it has come to his
knowledge since the original motion for new trial was denied,
and is a fact, that the said Harris, before the original trial,
reported said finding of fact to the Solicitor-General and told
the Solicitor-General that the said hair claimed to have been
found by said Barrett was not the hair of Mary Phagan. The
Solicitor General then told the said Harris that he would let the
investigation as to the hair end there, and the said Harris,
thereupon, returned to the Solicitor-General some of the strands
of hair so claimed to have been found by Barrett. On and during
the trial, said Harris was asked what parts of Mary Phagan's body
he had examined, and he concealed the fact that he had examined and
compared her hair with the hair found in the factory.
This defendant alleges that it is a scientific fact that
a careful microscopic examination of human hair is the only posi
tive and certain way of identifying the same as the hair of any
particular person, and that an examination by the eye, and es-
pecially from memory, is of practically no value.
This defendant shows that the witness Harris offered to permit
the brother of the Solicitor-General, Dr. H. F. Dorsey, who
was present at the original trial, assisting the Solicitor-
General in his examination of expert witnesses, to make an exam-
ination of said hair after Harris reported that it was not Mary
Phagan's hair, but that Dr. Dorsey declined to do so.
Defendant further shows that, after the hair was delivered
back to the Solicitor General, he claimed to have lost it, and did
not produce it at the trial, and neither this defendant, nor any
of his counsel, had any opportunity of seeing it or having a
microscopic examination made of it to compare it with that taken
from Mary Phagan's head, and neither the defendant nor his counsel
had any knowledge whatsoever at the time of the original trial,