1597 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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entirely too light in color and was not of the same texture as that of Mary Phagan." This statement is false and untrue. I did not say positively that it was not Mary Phagan's hair, for I did not know, and do not know now. I did say that the hair Mr. Barrett showed me was too light for Mary's hair, but I could not say positively that it wasn't her hair. I have read the foregoing statement which I made in the presence of officers J.N.Starnes, and Pat Campbell and my father and mother, Mr. and Mrs. S. L. Mayfield.

MRS. CORA FALTA, Sworn for the State. I have been working at the National Pencil Company's factory for five years. One Monday, April 28, 1913, we were all at work and Magnolia Kennedy come running in the room and said "we have found some of Mary's hair on the lathe machine" and we all quit work and went out there and looked at it. I just did take a look at it and then walked away, and I could not say how many strands of hair were on the machine, and I said "Mary's hair was kind of dark and that hair looks light" and then I walked away. That is all I said about it. About ten days ago, Mr. Burke come down to the National Pencil Company to get me to sign an affidavit regarding the color and texture of Mary Phagan's hair and he had the affidavit written out when he came, and he read it to me, and that affidavit quoted me as saying that "I would swear positively that the hair found on the lathe machine was not Mary Phagan's because it was too light and not of the same texture as Mary Phagan's hair" and I told Mr. Burke right then that I did not say positively it wasn't Mary Phagan's hair, because I didn't know whether it was or not, and I told Mr. Burke he would have to take that part of it out, and he said that was all right, that they would fix that all right. When I told Mr. Burke to scratch out that part of it, about swearing positively it wasn't Mary Phagan's hair, that big man whom I have since learned is Mr. Lehon, he come right up to me and said "Oh, no, of course not, none of us can say positive, but we will fix that all right." I held up my hand and swore to this affidavit when they said they would scratch out that part I told them to. I did not know then and I do not know now whether that was Mary Phagan's hair which was found on the lathe. I have just been shown a copy of the extraordinary motion for a new trial in the above stated case, and in ground 45, pages 5 and 6, they