1737 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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March Term, 1912, of Fulton Superior Court, against L. P. Eubanke, John B. Hairston, B. Z. Spencer, A. L. Jesse and J. R. Miles, charging the parties named with the offense of car breaking on the 27th day of November, 1911, and upon said indictment appears an entry of nolle prosequi dated June 27, 1912, signed by the presiding judge.

The State likewise introduced an indictment found at the March Term, 1912, of the Fulton Superior Court, against L. P. Eubanke, John B. Hairston, B. Z. Spencer, A. L. Jesse and J. R. Miles, charging the parties named with the offense of car breaking on the 27th day of November, 1911, and upon said indictment appears an entry of nolle prosequi dated June 27, 1912, signed by the presiding judge.

S. L. ROSEN, Sworn for the State. I was with Ivy Jones on Tuesday, April 26th, 1913, about 1 o'clock. We were at Dozier's, Howell & Co., 109 South Forsyth Street, for the purpose of going to look at a negro who had been sending threatening letters to the people of that office for several hours. Steve Jones pointed out to me Jimmie Raine as being the man referred to in his affidavit which had just been dictated. I personally acquainted with said Raine. Raine spoke to me when I was with Ivy Jones and called me by name. Raine was walking up Pryor St. when we saw him.

GEO. W. EPPS, JR., Sworn for the State. I am the George W. Epps who testified in the trial of the case of the State vs. Leo M. Frank. I was with Jimmie Wrenn and George Epps on the morning of the 26th of April, 1913, and we were on the street the man who took me from Atlanta, Ga., to Birmingham, and who passed with me under the name of Terry. I picked him out on the street at a bootblack stand near the corner of Hunter and South Pryor Streets. I spoke to him and he spoke to me. I called him Mr. Terry. I never knew him under any other name except the name of Terry. Mr. N. A. Garner was with me at the time I saw him and addressed the man as Jimmie Wrenn and Terry asked "what did you call me, Kelly?" I said, "No, I didn't call you Kelly, I called you Terry, the name you gave me."

N. A. GARNER, Sworn for the State. I was present with George Epps on the occasion referred to in the affidavit attached and heard everything that was said between George Epps and Jimmie Wrenn. George Epps pointed out Wrenn out any suggestion from me, as being the man who took him to Birmingham, by the name of Terry. I am personally acquainted with Wrenn and know that his name is not Terry, but that it is Jimmie Wrenn, brother to George Wrenn.