1392 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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Pencil Factory, she never heard any employee, male or female, say
that defendant was a man of bad character, and had never seen
any wrong doing on his part.

Defendant shows that at the trial, the Solicitor General
put several witnesses on the stand, who testify to the bad
character of the defendant, and further certify that the defendant knew
Mary Phagan. the Solicitor General proved by the said Dewey
Howell that she had worked at the pencil factory four months
and had seen the defendant talk to Mary Phagan two or three times
a day in the metal department and had seen him hold his hand on
her shoulder, and that he called her "Mary" and would stand
pretty close to her. Frank had stated before the trial, ( such
statement being in evidence), and again on the trial, that he
did not know Mary Phagan by name. This little girl, Dewey Howell
was trained, as she now swears, to say that Frank must have known
Mary's name, since he called her "Mary", and was further
trained falsely to say that she saw Frank with his hands on Mary
Phagan. Dewey Howell's testimony was very hurtful to Frank and
must have influenced the jury in their finding especially
for the reason that the state insisted that Frank was seeking
to be familiar with Mary Phagan and killed her because she resis-
ted said familiarity.

Defendant here and now offers to amend 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 investigate
them in this extraordinary motion.

The defendant further submits that the discovery of the
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 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, the fact that said
Dewey Howell was in possession of the facts hereinafter set forth
was unknown to the defendant and his counsel until after the
motion for new trial had been heard and passed on.

9. Defendant further shows that he should be granted a new
trial upon the newly discovered evidence of Miss Ruth Robertson