1555 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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only information we were able to get was that one Barrett had found some hair upon the lathe, but we learned of no one who was willing to say whether the hair found was that of Mary Phagan or not. We had no opportunity to make any comparison between the hair found on the lathe and the hair of Mary Phagan, and we did not know that Doctor Harris, when he made the autopsy had taken some of the hair from Mary Phagan's head and that he had made a microscopical examination and comparison between the hair found on the lathe and that taken from Mary Phagan's head, nor did we know at the date of the trial, nor at the date of the overruling of the motion for a new trial, that Dr. Harris had taken any of the hair from the head of Mary Phagan or that he had made a comparison between the hair found on the lathe and Mary Phagan's; nor did we know at either of the times aforesaid that Dr. Harris had reported to the Solicitor that the hair found on the lathe differed from the hair of Mary Phagan in shape, color and texture; nor did we know at either of the times aforesaid that upon reporting to the Solicitor General that the hair on the lathe differed in color and texture and shape from the hair of Mary Phagan; that the Solicitor had then told Dr. Harris that he would let the investigation of the hair end there.

We did not know that Dr. Harris had made a postmortem examination of the body of Mary Phagan. We knew this fact by hearsay only. We were not notified in advance that the autopsy was to be held, nor were we asked to participate either ourselves or by an agent in that autopsy. Prior to the trial, the result of Dr. Harris' autopsy was concealed, but we were brought to learn just what Dr. Harris had discovered but were not able to do so. We had any intimation by hearsay or otherwise, that any hair from the head of Mary Phagan had been obtained as a result of the autopsy and that a scientific examination of the hair had been made showing that the hair found by the lathe differed from the hair of Mary Phagan in color, shape and texture. The first intimation we had of these facts was after the original motion for a new trial had been overruled by the Supreme Court.

Dr. Harris was a witness at the trial and testified as to the autopsy, testifying as to the examination of the stomach