1455 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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the handle and they got around my finger."
Quinn was a witness for the defendant on the main trial.

Miss Grace Hicks was sworn by the State, and in Vol. 1, p
337, of the official stenographer's report is found the following
questions and answers, viz:

"Q. How did you know that that was Mary Phagan? A. I just
knew by her hair being so long.
"Q. Knew her by her hair? A. Yes sir."

On cross examination counsel for the defendant asked said
witness, among others, the following questions, and received the
answers following, viz:

"Q. Miss Grace, what sort of hair did little Mary Phagan
have? A. Well, she had a kind of sandy color of hair.
"Q. Was it lighter than yours or less light? A. It was
darker than mine.
"Q. Darker than your hair? A. Yes sir.
"Q. Much darker? A. Well, it was about two shades darker
than mine.
"Q. You would say about two shades, she was still a blond
girl, though? A. Yes sir."

So far as the State is able to recall, this is all the evi-
dence introduced by the State in reference to the hair found by
Barrett on the lathe.

The defendant introduced as his witness Miss Magnolia Kennedy.
Barrett had already shown (as his evidence that Miss Magnolia
Kennedy was present, and the State had, as shown on p. 527 of
the record, undertook to show by him that the hair was identified
by Miss Magnolia Kennedy, and such evidence, on objection of
attorneys for the defendant, was excluded.

Counsel for Frank, after putting Miss Magnolia Kennedy up,
as will be seen by reference to Vol. 5, p. 2250, did not ask
said witness anything about the hair. On cross examination by
the Solicitor General, as shown on p. 2252, the following questions
were asked and answers given by said witness: