0168 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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above stated. This was prejudicial to the defendant, because it
was contended by the State that this witness, Harry Scott, who
was one of the Pinkerton detectives, and had been employed to
ferret out the crime, by Frank acting for the National Pencil
Company, had not promptly informed the officials about the fact
of Mrs White's seeing this negro and that such failure was evidence
pointing to the guilt of Frank.

This witness was one of the investigators for the Pinkerton
Detective Agency, who was employed by Frank acting for the
National Pencil Company to ferret out this crime.

28. Because the Court permitted Harry Scott, a witness for
the State, to testify over the objection of the defendant,
made at the time that same was offered, that the same was
irrelevant, immaterial, illegal and prejudicial to the defendant,
that the witness, in company with Jim Conley, went to the jail
and made an effort to see Frank. And that after Conley made his
last statement (the statement about writing the notes on Saturday)
Chief Beavers, Chief Lanford and the witness went to the jail
for the purpose of confronting Frank. That Conley went with them
that they saw the Sheriff and explained their mission to him
and the Sheriff went to Frank's cell, but the witness saw
Frank at the jail on May 3rd, (Saturday), and that Frank
refused to see Conley only through Sheriff Mangum; that was all

The Court, in admitting this testimony over the objections
made, erred for the reasons stated above. This was error prejudi-
cial to the defendant, because the witness Mangum, over the
defendant's objection, had already been allowed to testify that
Frank declined to see Chief Lanford, Chief Beavers, the witness
and Conley, except with the consent of his counsel or with his
counsel, and the solicitor in his argument asserted that the
failure of Frank to see the witness while he was employed by
the Pencil company to ferret out the crime in the presence of
the negro and the two chiefs, was strong evidence of his guilt.

29. Because J. M. Minar, a newspaper reporter for the Atlanta
Georgia, was called by the defendant for the purpose of impeach
ing the witness George Epps, who claimed that on Saturday of the