1769 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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the Clerk, looked over my shoulder and following the whole time I was reading the affidavit to Epps. One or twice there were small mistakes to which Epps called my attention and Epps followed in the minutest manner the whole affidavit, which he afterwards signed. The Clerk, Mr.Cooper then asked Epps if he was willing to swear to the contents of the paper which he had read. Epps then held up his right hand and swore in Mr.Cooper's presence the the affidavit was the truth and nothing but the truth, so help him God. Epps signed the affidavit in the presence of Mr.Loworn, Mr.Cooper and myself. Mr.Cooper thereafter affixed his signature and upon returning to his office in the court house put his seal on the affidavit.

I am associated with the law firm of Rosser, Brandon, Slaton and Phillips, but am not a member of said firm. I have assisted Mr.Rosser and H.J.Heas from time to time in connection with matters in detail which have come up in the court of the Frank case, but have never been employed by Leo M.Frank or had any part whatever in the conduct of his case. I have read the affidavit of C.A. Isom, a witness for the State, and those parts which relate to my being in Chicago, Ill., in April 1914. Shortly before the date mentioned Mr.H.J.Heas asked me if I would go to Chicago for the purpose of examining certain affidavits which were expected would be taken in Chicago. I did go to Chicago and did go and talk with C.W.Isom in the office of W.J.Burns in said place. Some operatives of Mr. Burns told me that they had talked with Allen and so did Mr.Burns and all stated to me Isom talked with Allen and so did Mr.Burns and all stated to me that the statements made by Allen had no bearing whatever on the extraordinary motion for new trial. I told Isom that since he and others had talked with Allen there was nothing to be gotten from Allen. I saw no reason why I should talk to Allen and declined to see Allen or talk with him at all. The only affidavit taken in my presence was an affidavit of the negro Calhoun, and as the contents were of doubtful relevancy to the issue involved, this affidavit was not used by counsel for Frank. I have read that part of Isom's affidavit in which he stated that Burns used certain profane language, and if such language was used, it was not in my presence of hearing. Said Isom is mistaken in his recollection as to what Mr.Burns' son said about Allen desiring to speak to me.