1386 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

Search for:

Reading Time: 3 minutes [365 words]

Visible Translated Text Is As Follows:

I have not heard Miss Lucille say whether she believed it or not
I don't know why Mrs. Frank did not come to see her husband but
it was a pretty good while before she would go to see him--maybe
two weeks. She would tell me wasn't so bad that he was locked
up. She would say "Minola, I don't know what I'm going to do."

The defendant shows that this affidavit of Minola McKnight
was denied by her upon the stand during the trial and evidences
of her husband Albert McKnight was claimed by the Solicitor to
support this affidavit of Minola McKnight.

The newly discovered evidence of the said McKnight denying
that his wife told him any such thing as is alleged in the
excerpt from the above affidavit is material to this defendant's
case and ought to produce a different result upon another trial.

The defendant here and now offers to show and prove to
the court all the facts herein set forth, and swears to the
existence of these facts as the truth, and asks the court to inv-
estigate them in this extraordinary motion.

The defendant further submits that the discovery of the forego-
ing 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 said facts were unknown to the defendant and his
counsel, and it was impossible to have ascertained the same by
the exercise of proper diligence and the same are not brought to
the attention of the defendant and his counsel, until after the
motion for new trial had been heard and passed on.

6. Defendant further shows that he should be granted a new
trial upon the newly discovered evidence of Mrs. J. B. Simmons,
which has come to the knowledge of this defendant and of his
counsel since the original motion for new trial was heard and
passed on, and which is as follows: that the said Mrs Simmons
was, on the 26th day of April, 1913, in the city of Atlanta, and
was calling at the Atlanta Shoe Company's place of business at No.
25 W. Alabama Street at about two twenty (2:20) or two thirty
(2:30) o'clock P. M., that, shortly thereafter, she left the
Atlanta Shoe Company's place of business, going north on Alabama