1774 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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he believed Leo M.Frank innocent, but that he believed the murder had been committed on the second floor of the factory; that he also believed the hair taken from the lathe machine was that of Mary Phagan's, and that he was entitled to the reward which had been offered for the conviction of the murderer of Mary Phagan. Burke was testifying desirous of seeing the notes of Barrett in getting up the book that Barrett intended getting up on the case and promised to let Burke have them the next morning. Burke explained that it would be impossible for him to help Barrett, unless he could see the notes, or unless Barrett would make Burke an affidavit with reference to his information on the subject. At this point Burke produced a paper and starting making an affidavit from Barrett, when Barrett stated that he would not make an affidavit of any kind. Burke told Barrett that to prove to him that he (Burke) was not trying to "trick" him he would be willing to go with Barrett before Hugh Dorsey, or Barrett's attorney with the affidavit, but Barrett refused. I never told Barrett not to tell any conversation that ever took place between me and Barrett or that Barrett should give him a few days to leave the city if he ever should tell. There were no reason for doing so as nothing wrong had taken place between us. I never promised to secure passes to New Orleans for Barrett. I am not an employee of the Railroad and have no way of securing passes. It is true I loaned Barrett $1.00 because he said he was hungry and had no car fare and Barrett begged so hard that I let him have it to get rid of him. I heard the conversation between Burke and Barrett with reference to blood spots alleged to have been found by Barrett, but Burke passed lightly over this part of their conversation. Burke did not at any time mention reward for evidence with reference to any evidence of any kind.

C. W. BURKE, sworn for the Movant. On two occasions I took affidavits from Miss Lillie Pettis, one on the 29th day of October, 1913, hereto attached, marked Exhibit A and one on the 30th day of October, hereto attached marked Exhibit B. These affidavits were read over to Miss Pettis and she signed the same voluntarily and that not one word was added therein that Miss Pettis did not state to be the truth. The exhibits hereto attached were not entitled in