1460 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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State, that Magnolia Kennedy, the defendant's witness, saw the
hair, they failed to ask any question,with reference to the
identity of this hair, and the State could with much more show
of plausibility contend that because counsel for Frank did not
ask their witness this question when they knew, or ought to have
known by diligent inquiry, that she could probably identify the
hair as being that of Mary Phagan, that said attorneys for Frank
were suppressing material evidence, than can said attorneys, as
they have done in the first ground of this motion, assert that
the State was suppressing material evidence, when the State failed
to ask Dr. H. F. Harris about said hair, or when the said H. F.
Harris refused to volunteer a statement to the effect that he
could not tell whether it was her hair or not.

The State contends that the finding of the hair was not
relatively very material, there being other and more important
facts showing that the murdered girl met her death on the office
floor, occupied by Leo M. Frank, viz. the evidence of the blood
spots found at the ladies' dressing room, within several feet
of where the hair was discovered by Barrett.
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