1763 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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B. WILDAUER, OTTO SCHWAB, A.J.GUTHMAN, ALBERT HAAS, ISAAC HAAS,
HERMAN J. HAAS, H. REGENSTEIN, sworn for the Movant. On Friday,
May 1, 1914, we met J.E.Duffy at the office of the Capital City
Chair Company between 8 and 9:30 P.M. Herbert J. Haas was also
present. The affidavit of J.E.Duffy executed April 10, 1914, before
J.O.Knight was shown and to Duffy and Duffy acknowledged the sig-
nature to the affidavit as his and that at the time of signing
the affidavit, he was properly sworn by the notary J.O.Knight;
that he received no money or promise of reward or position to make
this affidavit by C.W.Burke or anyone else; that every statement
contained in said affidavit is the truth. The affidavit was read
to Duffy and he acknowledged each and every statement to be the
truth, with the explanation only that the $7.60 referred to in
said affidavit was for two days time as witness and railroad fare,
and that the same was paid to him by the County Commissioner's
office upon the order of the Solicitor General, who gave said order
to Duffy and that with this explanation each and every statement
therein is true.

C.W. BURKE, sworn for the Movant. I know Jesse E. Duffy and knew
him several years before the murder of Mary Phagan. I also knew
L.P. Rubanks and Mell Arnold, all of whom were working for the Sou-
thern Railway at the time I was employed by said company.
Said Duffy and 32 other men were involved in false dealing charges
with the Southern Railway, all of which cases were nolprossed, with-
out any influence being exerted in that direction by me. Quite a
number of those men arrested were given their positions back,
and I was asked by Duffy and others to assist them to regain their
positions, and I have done all in my power to have them reinstated,
and did succeed in having M.Y.Arnold, and attempted to have Duffy,
A.L.Jesse, B.O.Duffy and J.R.Miles reinstated. Those efforts were
begun before the murder of Mary Phagan and had nothing to do with
matters growing out of this murder. I severed my connection with
the Southern Railway on July 1, 1913 and on July 20, 1913, at the
instance of Mr. L.Z.Rosser I went to work investigating the Frank
case. Several months after the trial I met said Duffy at the home
of L.P.Rubanks. In the presence of Rubanks and M.Y.Arnold, Duffy
made an affidavit in the exact words of the affidavit dated April
10, 1914, before J.O.KNIGHT, notary public. At that time nothing