1567 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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to account for myself between these two times, I did my best to
remember who I saw between those times and do as best I could I
could not remember that I had spoken to Mrs. Miller at the time,
nor do I remember with certainty now her testifying to me as testi-
fied to by her in her affidavit. Mrs. Miller is a woman of verac-
ity and character and I feel sure that she did see me and that if
the matter had become important immediately after the crime I
could and would have remembered the fact.

I did not remember at the trial, nor until after my mot-
ion for new trial had been overruled that I had seen either Mrs.
Miller or Miss Leroff at the time or place indicated.

I knew nothing about what Dewey Howell would testify
at the trial. I had never in my life had any conversation with
Miss Howell. I was incarcerated and could not communicate with her
and could not know what she would testify at the trial. After the
trial, Dewey Howell was carried back to Ohio, and has been there
since said date, and I did not know and could not know what Miss
Howell would testify at the trial; and I did not know and could not
know from that date until after my motion for new trial was made,
and until after her affidavit dated February 25, 1914, that Miss
Howell did know and would testify to the facts as set out in said
affidavit.

I did not know, nor could I have known until after the
dates of the affidavits made by Miss Ruth Robertson and Miss Marie
Karst dated April 4, 1914, that Miss Robertson and Miss Karst
would testify as set out in their affidavits to the court shown at
the hearing. I had no opportunity to confer with Miss Robertson
and Miss Karst before the trial, nor during the trial, nor did I
have any opportunity to confer with them after the trial, nor did I
have any opportunity to confer with them after the trial. The first intimation that they would testify as they
did in said affidavits was after the date of said affidavits.

I did not know, nor did I have any reason to know, until
my case was affirmed by the Supreme Court that Mary Rich knew and
would testify that on April 26, 1913 at about 12:15 o'clock P.M. she
saw Jim Conley come out of the alley immediately in the rear of
the National Pencil Factory, that said Jim Conley bought a twenty
cent dinner from Mrs. Rich, who runs a restaurant on wheels and