1379 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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foregoing facts is material, and that it is such an extraordinary
state of facts as would probably produce a different result on
another trial, and that the said facts were unknown to him and
his counsel, having been concealed by the Solicitor and the
Solicitor-General, and the same have only come to the knowledge
of this defendant and his counsel since the motion for new trial
was heard and passed upon, and could not have been sooner dis-
covered by the exercise of proper diligence.

3. The defendant further shows that he should be granted a new
trial upon the newly discovered evidence of Miss Jimmie May-
field, which has come to the knowledge of this defendant, and
of his counsel, since the original motion for new trial was de-
nied and which is as follows, that she was an employee of the
National Pencil Company and was acquainted with Mary Phagan, and
knew the color of her hair, that she knew States witness R. P.
Barrett, who had testified at the original trial that he had
found hair on a lathe on the second floor, and that on Monday,
April 28th, the said Barrett showed her the hair which he claimed
he had found on said machine, and she, she said Jimmie May-
field now states positively that the hair showed to her by the
said Barrett, and which the said Barrett stated he had found
on said machine, was not the hair of Mary Phagan, and that the
same was entirely too light in color, and was not of the same
texture as that of Mary Phagan.

Defendant further shows that one of the main facts relied
upon by the State to corroborate the witness, James Conley,
was the alleged finding of Mary Phagan's hair on said lathe-
machine by the witness Barrett. The Solicitor-General proved by
the witness Barrett that, on the Monday following the murder, he
found several strands of hair on a lathe in the metal room,
where the negro Conley claims to have picked up Mary Phagan's
body. The Solicitor-General proved on his cross examination of
the witness Magnolia Kennedy, that the hair found on the lathe
resembled the hair of Mary Phagan. The Solicitor General claimed
in his argument that the finding of this hair was one of the cir-
cumstances against Frank; that it had been found by Barrett and
identified by Magnolia Kennedy and four times in his argument
to the jury he alluded to it as a circumstance against Frank.