1449 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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(6th AMENDMENT TO MOTION.)

GEORGIA, FULTON COUNTY.

Now comes the defendant Leo M. Frank, and hereby
amends paragraph 2 of the original motion by striking therefrom
the following words: "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 state's 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, the said
Jimmie Mayfield, 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", and place in lieu
of the stricken matter the following, to-wit: "that she worked
at the National Pencil Company for about eight months and knew
Mr. Frank when she saw him; that she was acquainted with Mary
Phagan, and knew the color of her hair; that R. P. Barrett
was known to her, that on Monday, April 28, 1913, Barrett
showed her the hair he said he had found on a lathing machine,
and she gave it as her positive opinion that the hair was entirely
too light in color to be the hair of Mary Phagan.

2. Movant also moves to strike from paragraph 3 of the
original motion the following: "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 also knew R. P.
Barrett and Magnolia Kennedy, also employees of the National
Pencil Company the said Barrett having testified at the
original trial that he had found certain hair on a lathe on
the second floor, and the said Magnolia Kennedy having
testified that the said hair alleged to have been found on
said lathe looked like Mary Phagan's hair; that, on Monday,
April 28th, 1913, Magnolia called Cora Falta's attention to said
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