1738 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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REBUTTAL ON BEHALF OF MOVANT.

GROUP 2.

DR. H. F. HARRIS, Movant introduced the following testimony of
Dr. H. F. Harris, delivered on cross-examination at the original trial:

"Q. What did he (Mr. Dorsey) tell you to examine? What parts of the
body did he tell you to examine? A. He told me he wanted me to
examine the stomach and tell him all I could about it.
Q. Had you, in your own mind, what you were seeking? A. There
was some question of poisoning and you were seeking to determine by
test for poison. A. Yes, sir.
Q. Did you make a general examination for ascertaining that? A. I failed to
test for alkaloid poisoning. The stomach contents was
dismissed that from my mind; as soon as no poison; of course I
was a matter of strangulation. A. Soon as I saw the girl I saw it
was a matter of no other character.
Q. You made no test to make this examination with? A. No sir, I did not.
Q. And kept it all by yourself? A. Yes.
Q. Did you tell anybody? A. I did. I told Mr. Dorsey;
Mr. Dorsey told me not to tell anybody.
Q. I understand you told Mr. Dorsey and he requested you not to
tell it. Did you call any other chemist as representing this man,
or anybody else, to see any other things? A. No sir,
I don't remember.
Q. How long before you made the examination did he talk to you?
A. I don't recollect.
Q. You may recollect when you made the first examination? A. It was
on May 6th, if I remember correctly."

GROUNDS 2 AND 3.

J. O. KNIGHT, Sworn for the Movant. On or about the 10th day of
April, 1914, as a Notary Public for Fulton County, Georgia, I took
the affidavit which purports to be signed by Jimmie Mayfield, in
the case of the State of Georgia vs. Leo M. Frank. This affidavit
was read by me to said Jimmie Mayfield and she stated same
was the truth after it had been read to her, and after so stating I
swore her thereto and she thereupon signed the same. There were
present when this affidavit was taken, Dan S. Lehon, C. W. Burke,
Herbert Schiff, sworn for perhaps others.

C. W. BURKE, Sworn for the Movant. On the 23rd day of March, 1914,
Mrs. Cora Falta made before me, as a notary public, an affidavit
which is hereto attached and marked as exhibit A. I read the affi-
davit over to Mrs. Cora Falta before she signed it, and she stated
that it was the truth and she agreed to it just as it now is in its
present shape.

[Exhibit A mentioned above is as follows]

224
State of Georgia vs Leo M. Frank
(No. Fulton Superior Court
J. Extraordinary Motion for New Trial,

Personally appeared Mrs. Cora Falta, who upon oath deposes
and says that she has worked at the National Pencil Company, in the