1405 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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that the said Conley would warn Dalton if defendant or anyone else should happen to come along and possibly disturb Dalton while he was in the basement and that said Jim Conley would assist Dalton and Daisy Hopkins to get out of the factory without being seen by anyone; that on one occasion said Dalton looked into defendant's office, but that defendant did not see said Dalton as defendant was busy at the time talking to Daisy Hopkins, who had gone to the factory in company with said Dalton, for the purpose of drawing three dollars on her salary account; that Dalton saw in defendant's office at the time referred to, a lady whom he had since learned to be Miss Eula May Flowers, and another woman who dressed like and looked like a factory employee, but that said Dalton saw nothing wrong going on in the office on the occasion referred to, and that there was no evidence that there was or had been any beer drinking or drinking of any kind, and that defendant was sitting at his desk, apparently attending to his business and all other occupants of the office also appeared to be attending to business, and that as soon as Daisy Hopkins had drawn the money from her salary account as referred to above, Dalton and the Hopkins woman at once left the factory together and Dalton never saw defendant any more, that if anyone had gained the impression from the evidence Dalton gave at the trial that he knew or knows anything against the character of the defendant, that he now wants to disabuse their minds of any such false impression and that he wants everyone and everybody to know that he knows absolutely nothing about or against the character of defendant.

Defendant further shows that it was the theory of the state that defendant had been in the habit of using his office and the basement of the National Pencil factory for immoral purposes, and the Solicitor General proved by the witness Jim Conley that defendant had been in the habit of taking girls in his office and in the basement of the factory for immoral purposes. The Solicitor General further proved by the said Dalton that he knew the defendant, and Daisy Hopkins and Jim Conley; that he had visited the Pencil factory three or four or five times, and had been in defendant's office two or three times, and
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