1637 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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these boxes would only remain a short time to go out as they were needed in shipping and to be so arranged and stacked regularly as not to prevent the cleaning of the basement of paper, trash or other combustible material. I can be positive that the basement of the National Pencil Factory was cleaned of trash, paper and other combustible material between January 1, 1913, and April 26, 1913, and I can also be positive that the basement of the factory was not allowed to have stored therein papers. I have examined the order book marked Exhibit A of the National Pencil Factory attached to the affidavit of Mr. Philip Chambers dated April 20, 1914, and I can say to the best of my knowledge and belief that I never saw any such books or similar paper material in the basement of the National Pencil Factory, and if I had so seen same, or any other paper located therein, I would have ordered it removed at once.

(The following is a certified copy of City Ordinance, Section 1099, referred to in the above affidavit.)

"CODE OF THE CITY OF ATLANTA,
Page 511, Section 1099.
Sec. 1099. Combustible matter in Building, Cellars, or Yards to be removed. - No person shall permit to be placed and let remain in any box, barrel or other receptacle, longer than ten days, any street, alley-way, or yard within the fire limits, longer than ten days, any loose straw, hay, paper or other combustible matter; nor shall any loose straw, hay, paper or other combustible matter be allowed to remain in any building or cellars within said limits. Any person, firm or corporation violating the provisions of this section shall be punished as provided by law. It shall be the duty of the Chief of the Fire Department, or any member of the fire department, or any police officer, to inspect their buildings, cellars and yards to see if this ordinance is being complied with. And it shall be the duty of the Chief of the Fire Department, and of the police force to make such inspection.

COUNTY OF FULTON,
CITY OF ATLANTA,

STATE OF GEORGIA,
Atlanta, I, Walter Taylor, Clerk of Council of the City of Atlanta, a municipal corporation in and for said County, under the laws of the State, do hereby certify that I am the Clerk of Council of said City of Atlanta aforesaid, and that as such Clerk of Council of said City of Atlanta, I have the custody of the original ordinances and records of legislation of said City of Atlanta, including the Code of the City of Atlanta, in which are codified the ordinances of the City of Atlanta, in force; that the above and foregoing is a true and correct copy of Section 1099 of the Code of Ordinances of 1910, as the same appears of record in my office as such Clerk of Council. In witness whereof I have hereunto set my hand and official seal this the twenty third day of April, 1914.
(Seal) Walter Taylor, Clerk of Council

LEE H. GRUND

IVY JONES Sworn for the State. - Since I was sworn on the trial of the case of the State vs. Leo M. Frank, I have not made an affidavit or signed a paper for anybody. I haven't made a statement to anybody changing in the least bit, the evidence that I gave on the trial. The evidence I gave on the trial is absolutely true. I have not signed any paper or sworn anything to anyone.