1520 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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OTTO SCHWAR, C.J.ASHINS and GEORGE A. TILLANDER, Sworn
for movant. They are personally acquainted with Oscar Pappenheim-
er; that some of his associates are T.A.Hammond, Dr.J.B.Buchanan,
R.S.Wessells, G.E.Carrier, John K.ORR; that the said Pappen-
heimer is a person of good moral character and credibility and
they would believe him on oath

DR.H.F.HARRIS, Sworn for movant (Before a Commissioner)
I am State Health Officer/ I made two examinations of the body of
Mary Phagan at the request of Solicitor Dorsey. He told me he would
send some hair from one of the machines in the factory, and a day or so
later some hair was brought to me by one of his assistants. He asked me
to compare this hair with that of Mary Phagan's. I examined the
hair under a microscope and made the examination exhaustive. The
hair was almost certainly that of a female and from the location
of a Caucasian. The two specimens of hair resembled each other
so much that it was impossible for me to say definitely that it
was not Mary Phagan's hair. There appeared to be slight dif-
ferences in shade and shape, but no difference in texture. The
determination of the color had to be made by the naked eye, as
such sections used for microscopic work are not suitable for
such determination and the amount of hair given me was not suffi-
cient to make an exhaustive examination. I have made accurate esti-
mates and have found that individual hairs from the head of several persons
and as much in shape as the hair given me. The same individual dif-
ferences were found in the hair from the body of Mary Phagan. I told
Mr. Dorsey that I could not say positively that the hair was Mary
Phagan's, but that it was similar in texture and color. I told him
that it was of no importance to this examination, nor did I think it
was of any importance whatever. Some days after having
made an examination, the subject was casually mentioned by Mr. Dorsey
in a conversation with me, and I told him at that time that it
was my opinion that the two specimens of hair were different, though
I was careful to say that there was no certainty as to this opinion
and that I would not swear that they were different. This conversa-
tion took place between him and me in my office some days after-
wards. I told him that I had made another report. I told Mr.
Dorsey that it was my impression that the two specimens of hair
were different. I said to him that the two specimens of hair
were slightly in shape and possibly in color, but I was not prepared to
say very definitely as to its color. I was under the im-
pression that the two specimens of hair were different. We were
alone when I made my report to Mr. Dorsey. As to whether or
not I suggested that Mr. H.R. Dorsey be allowed to make a test to
ascertain whether the hair was female or male, Dr. Dorsey discussed this
matter with me and we came to the conclusion that the best time was
being present and two or three before the trial. Solicitor Dorsey
and I were talking over and I have in a general sort of way
my work was talked over and I have made a time since made some
reference to the matter of the hair and may have told him that
Dr. Dorsey he could examine it if he wished to do so. I have
no recollection of what was specifically said by anyone and there
can not answer as to what Mr. Dorsey said in case the hair
was examined. I did not say specifically to Mr. Dorsey that the
two specimens of hair were dissimilar. I merely informed him that
I retained the opinion that they were not the same. There was
no question of processing hair with the examination, as the
only method likely to be used being the one employed, already.
I returned the hair to Mr. Dorsey. I had been kept that part
used for the microscopic examination assistant. I kept that part
and find. I also examined the hair. I took some of the hair
from the head of Mary Phagan and some from the strands of hair I had
from Mr. Dorsey's office, if that many. I took several hundred
strands of hair from Mary Phagan's head. I made examination of
the hair and found that the total number of hairs given me by Mr. Dorsey's
assistant was divided into two out into short pieces. Several sec-
tions of them were made and some of the middle portions of the hair
I made similar on both ends and the middle portions of the hair
from Mary Phagan's head, taking both specimens together. I made somewhere