1627 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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out of said alley on any date; and neither is it true that Conley
after purchasing a dinner from me on the 26th of April,1913, went
back to the aforesaid alley in the direction of the pencil factory.
I never told anybody at any time or place that I saw Jim Conley
come out of the alley immediately in the rear of the National Pen-
cil Company's factory,or that after purchasing said dinner, said
Conley went back to the aforesaid alley in the direction of the
pencil factory. I am the only Mark Rich that I ever knew to keep
a lunch stand between Forsyth Street and Madison Avenue on Hunter
St. My daughter, whose name is also Mary Rich has nothing to do
with the stand and did not keep the same for me or have anything
to do with it on April 26,1913.

(Attached to the above affidavit is the business card
of C.W.Burke)

E.H.WELLBORN, Sworn for the State. I know Mrs.Leo M.Frank and Rabbi
David Marx when I see them. I also know an old negro woman who
sells lunches by the name of Mary Rich, she having sold lunches
near my place of business. Sometime recently I saw talking to
this negro woman, Mary Rich,Mrs.Leo M.Frank,Rabbi David Marx and
two other men. I don't know who the other men were. I moved over as
near as I could get to these people and stood as close as I could
without attracting their attention. I did not hear anything that
anybody said,except what Mrs.Frank said to Mary Rich and what one
of the two unknown men said at the conclusion of the discussion.
A great deal was said because they talked to her for about an
hour. I remained there listening about thirty minutes. I heard
Mrs.Leo M.Frank, among other things say to Mary Rich, "If
you will sign this affidavit, you will take the rope from around
my husband's neck." Mary Rich said in reply to that "I could not
tell a lie". Mary Rich finally refused to sign the paper, and as
they went to leave one of the unknown men said to her "tearing off
a piece of the paper which was in his hand, "Here keep this paper,
and when you get in trouble you may know the cause of it. The
piece of paper is hereto attached. I examined this paper carefully
and it resembled in every respect the paper torn off by the unknown
man on the occasion above set out and left with Mary Rich, and is
the same piece of paper there torn off. Mary replied that she