1693 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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welcome. After a while, Mr. Burke commenced talking about the Frank case, and he presented his theory of the case and told Duffy, "I want, if you have not already told the truth, or if you have, I want to get an affidavit from you". They discussed it on for awhile and Duffy agreed to make the affidavit, and they got around the point of the possibility or probability of blood drops being on the floor, and then there was something mentioned about $75.00 paid for court costs and I remember those things as having been gone over prior to the making of the affidavit. After the affidavit was made and before it was signed, I heard Burke reading it over to Duffy and Duffy signed it. Burke did not ask anything but the truth. I was there all the time. The statement was the boy's own statement, according to the way he made it, voluntarily. He said it was absolutely true and he repeated that and asserted it positively and he was glad to do it for nothing. Burke did not threaten him in any way. I have not been riding in the automobile with Duffy recently.

W. J. BURNS, Sworn for the State (by deposition). I am employed to investigate the Mary Phagan murder. I was first employed by Leonard Haas and Mr. Herbert Haas, attorneys for Leo M. Frank. There is still some money due me. There was a contract in writing. There was no stipulation as to my being paid more in event I should report a certain way. There was not to be a particle of difference. My understanding was that I was to make my own investigation and find out the facts. I have been in conferences with Frank frequently. I concluded after the first time I saw him that he was no pervert. I talked with him many times, and my opinion was strengthened each time. A man will indicate in his looks or his actions that he is no pervert or is. I have made a close study of human nature for many years and I have dealt with all classes of people. In view of the fact that I have many times arrested men who were considered perverts, I consider my opinion, formed on personal conferences and my knowledge of human nature, accurate and trustworthy. I did not have any personal conferences with James Conley. I should say after reading the letters, that I felt sure Conley wrote, and after examining the clothing of little Mary Phagan, I gave it as my positive opinion that Conley was a per-