Leo Frank TV

Visible Translated Text Is As Follows: his office,although I have been there a number of times, I have never heard that he smiled and winked at young girls.REDIRECT EXAMINATION. This is the letter I wrote to the Grand Jury: Mr.W.D.Beatty, Atlanta, Ga. My Dear Sir: Without having the slightest intention of interfering in any way in matters which do not concern me, I believe the interest which any good citizen has in impartial justice warrants my saying that the business men to whom I have talked, commend very strongly the attitude of the Grand Jury in its disposition to at

Visible Translated Text Is As Follows: within an hour or two after death. Such a wound could be afflictedand a person remain perfectly unconscious. Fractured skull doesnot necessarily produce unconsciousness. Cabbage is a carbohydrate.It is considered the hardest food to digest among carbohydratesbecause it has so much cellulose, which is woody fibre. The olderthe cabbage is the more cellulose it has. Cabbage gets its diges-tion in the mouth. That cabbage (State's Exhibit G ) has not beenmasticated thoroughly. They have been swallowed almost whole. Rawcabbage is easier digested than cooked cabbage. Cooked cabbage isthe most indigestible form of it. It

Visible Translated Text Is As Follows: I have seen cabbage less changed than that cabbage you exhibited to me (State's Exhibit G) that has remained in the stomach 18 hours. Bread and cabbage would not begin to pass out of the stomach until 1 1/2 to three hours. A blow on the back of the head could blacken the eye. It would be perfectly possible for the epithelium of the vagina to be ruptured by the fingers in making a digital examination it would be more liable to rupture ten hours after this than immediately before this. Decomposition destroys the

Visible Translated Text Is As Follows: stomachs have certain idiosyncracies. In normal stomachs is supposed to go along certain stipulated rules. You find free hydrochloric acid in any stomach that has food in any stage of digestion. As to whether you could ever find free hydrochloric acid in the stomach immediately after taking Ewald's test breakfast, would depend entirely on the state of the glands, and how long previous digestion had been in the stomach. As to the total acidity in a stomach after such a test, that is for a laboratory man. If you take cabbage out of a

Visible Translated Text Is As Follows: ALFRED LORING LANE Sworn for the defendant.I am a resident of Brooklyn, N.Y. I have known Leo Frank about 15 years. I knew him four years at Pratt Institute, which we both attended. I also knew him after he returned from Cornell University. His general character is good.PHILIP NASH, Sworn for the defendant.I live in Ridgewood, N.J. I am connected with the N.Y. Telephone Company, in New York City. I knew Leo Frank four years at Pratt Institute. I was in his class. His general character is good.RICHARD A WRIGHT, Sworn for the defendant.I

Visible Translated Text Is As Follows: PROF. C. D. ALBERT, Sworn for the defendant.I am professor of machine designs in Cornell University.I have held that chair for five years. I knew Leo M. Frank fortwo years while he attended the university. At that time I wasInstructor in mechanical laboratory work, and as such I came in contactwith him. His character was very good.PROF. J. E. VANDERHOE, Sworn for the defendant.I am foreman of the foundry at Cornell University. I knewLeo M. Frank for two years when he attended the university. His char-acter was good.CROSS EXAMINATION. I have been in Cornell

Visible Translated Text Is As Follows: ARTHUR HEYMAN, Sworn for the defendant.I practiced law about nineteen years in Atlanta. I have known Leo Frank for three or four years. His general character is good.CROSS EXAMINATION. I have been with him seven or eight times in three years. I have been with him, say, I suppose, five or six times, probably for 15 or 20 minutes at a time. I have never heard any reference made to his relation with the girls in the factory.MRS. H. GLOGOWSKI, Sworn for the defendant.I keep a boarding house in this city. I have known

Visible Translated Text Is As Follows: MISS IDA HAYS, Sworn for the defendant.I work at the pencil factory on the fourth floor. I have known Mr.Frank for two years. His general character is good. I have known Conley for two years. His general character for truth and veracity is bad--I would not believe him on oath.CROSS EXAMINATION. Conley borrowed money and promised to pay it back, but he didn't do it. We would get it after awhile. He tried to borrow money from me, but I refused to let him have it.MISS BULA MAY FLOWERS, Sworn for the defendant.I work

Visible Translated Text Is As Follows: ry. I was forelady at the factory for about three years.MISS SARAH BARNES, Sworn for the defendant.I worked at the pencil factory over four years. His character is good. I have never heard anything bad. He has been the best of men.CROSS EXAMINATION. No one ever talked to me about what I was going to swear. I have told Mr. Arnold what I have told here. I never went with Mr. Frank for any immoral purpose anywhere.MISS IRINE JACKSON. Sworn for the defendant.I worked at the pencil factory for three years. So far as

Visible Translated Text Is As Follows: REDIRBCT EXAMINATION. My father made me quit, after the murder. There are two windows in the dressing room opening on Forsyth St. I think there had been some complaints of the girls flirting through those windows. I have heard of some of the girls flirting through the windows. The orders were against the girls flirting through the windows. Mr.Frank never came into the room at all, he pushed the door open and just looked, my sister and I were both dressed when Mr.Frank looked in the door. The other time that he came in

Visible Translated Text Is As Follows: resulting from the condition of the contents of the stomach irrespective of acidity or the other chemical qualities as to how long cabbage and wheat bread were in the stomach can be given where particles like that (State's Exhibit 6) are found. Where a young lady 13 or 14 years old died, her body is embalmed as above described, and a post mortem performed 9 or 10 days after death, and the physician finds the epithelium detached from the walls of the vagina in several places nothing being visible to the naked eye and

Visible Translated Text Is As Follows: blow on the outside of the head by concussion without any appreciable lesion on the outside of the head.DR. WILLIS F. WESTMORELAND, sworn for the defendant.DIRECT EXAMINATION. A practicing physician for twenty eight years, general practice and surgery. A professor of surgery for twenty years, and formerly president of the State Board of Health. If the body of a girl between thirteen and fourteen years old was embalmed about ten hours after death, after taking out a gallon of fluid and putting in a gallon of embalming fluid, of which 8% is formaldehyde and

Visible Translated Text Is As Follows: ten days after death. Many things retard digestion. Much depends upon the particular stomach,and its affinity for particular foods. There is a cycle of acidity and in the progress of digestion that increases, and then later it goes down. Food that is not thoroughly emulsified will remain in the stomach indigestly. cabbage like that (State's Exhibit G) and wheat bread, might remain in the stomach until the process of digestion is complete, which ordinarily would be from three and a half to four hours. They might pass through the body undigested. A formaldehyde embalming

Visible Translated Text Is As Follows: could be inflicted after death. As long as the blood id not coagulated. A lick on the back of the head could produce a black eye.CROSS EXAMINATION. There are sexual inverts who are absolutely normal in physical appearance. If I had a subject where there was a blow on the head, going practically to the skull, with no injury to the brain, and the face was livid, the tongue hanging out, with deep indentation in the neck, the flesh pushed out of place, with blue nails and lips, I would say that death was

Visible Translated Text Is As Follows: described above, it would bleed and if the body lay in one place30 or 40 minutes, there would be bleeding and if the body ispicked up and carried about 40 feet and dropped at another placeI would expect to find blood there. All wounds bleed very freely,and there would be blood wherever the body was.Dr. J. C. OLSTEAD, Sworn for the defendant,Practicing Physician for 36 years. Given the facts that a younglady 13 or 14 years old died and 8 or 10 hours after death thebody was embalmed with a preparation containing 8% Formaldehyde,and

Visible Translated Text Is As Follows: It nor the pepsin would be present in any degree 8 or 10 days after death. Embalming fluid destroys the pancreatic juices so that it would be impossible to find them. Babbage like that (State Exhibit G) is liable to obstruct the opening of the pyloris, and to delay digestion. Food of that character might remain in the stomach undigested for 10 or 12 hours irrespective of the acid found there. If shortly after death a doctor makes a digital and visual examination of the vagina, opening the walls of the vagina with his

Visible Translated Text Is As Follows: DR. W. S. KENDRICK, Sworn for the defendant.I have been a practicing physician for thirty-five years. I was Dean of the Atlanta Medical College. I gave Dr. Harris his first position there. If a young lady between thirteen and fourteen years of age died and a post mortem examination was made within eight or ten hours after death, by a physician who make a digital and visual examination to determine whether there is any violence to the vagina or not, and inserted his fingers for the purpose of deciding, and the body is embalmed,

Visible Translated Text Is As Follows: chemical analysis of the liquids of the stomach or by the condition of the cabbage lodged in the stomach as to how long it had been in the stomach.CROSS EXAMINATION. I am not a specialist of the stomach, but I am and have been teaching diseases of the stomach and all these cases come under my jurisdiction. Dr. Westmoreland is a surgeon, not a stomach specialist. Dr. Hancock is not a stomach specialist. If you find starch granules in the stomach undigested and cabbage undigested and thirty two degrees of hydrochloric acid in the

Visible Translated Text Is As Follows: by an examination what stage of digestion certain things were in. There are so many exceptions to the rule. As to whether the cabbage had been digested or not, if whole pieces of cabbage were there I could tell, but if you could not find the cabbage either with the naked eye or the microscope, I would say that it had been digested. I don't know how long it takes an ordinary stomach to digest turnips. If a 13 year old child ate cabbage and bread on Saturday and her body was found that

Visible Translated Text Is As Follows: REDIRECT EXAMINATION. That cabbage doesn't look (State's Exhibit G)as if it had been chewed at all. Cabbage chewed that way would behard to digest.JOHN ASHLEY JONES, sworn for the defendant.I have known Mr. Frank about a year and eighteen months. Hisgeneral character is good.CROSS EXAMINATION. I am a resident agent for the New York LifeInsurance Company. I don't know any of the girls at the pencilfactory. I have never heard any talk of Mr. Frank's practices andrelations with the girls down there. Mr. Frank has a policy ofinsurance with us. It is our custom

Visible Translated Text Is As Follows: into the inner office, to Mr. Frank's desk, or a man sitting there. Exhibit 67 for defendant shows the pay window. Defendant's exhibit 68 shows foot of the elevator showing the rubbish and barrels in and adjacent to the elevator shaft. Defendant's exhibit 69 shows the basement looking to the back door to the elevator shaft. Defendant's exhibit 70 represents the back corner of the place where the body was found, the body being found just about the left corner, her head behind the partition. Defendant's exhibit 71 shows the exit to the back

Visible Translated Text Is As Follows: at the Selig residence,T. H. WILLETT, Sworn for the defendant.I am a-pattern maker. I made the pattern of Penoil Factory from a blue print. This is the model (Exhibit 33 for defendant).CROSS EXAMINATION. The height of the fixtures is not made according to scale. The floor plan is a correct representation, according to the blue print. The windows in Mr.Frank's office were not put in by me.REDIRECT EXAMINATION. I was given no instructions except to follow the ground floor plan as shown on the blue print. This is the blue print, (defendant's exhibit 85)

Visible Translated Text Is As Follows: of the dining room at all. Moving up into the kitchen,near thepassage way, I could see nothing but the top of one chair by look-ing in the mirror.CROSS EXAMINATION. The view that you did get of the mirror woulddepend upon where I stood in the kitchen. I can only speak from theconditions that existed as I saw them as to the arrangement offurniture.JULIUS A. FISOHER, Sworn for the defendant.I am a contractor and builder. I looked at the house of thedefendant at 69 E.Georgia Ave. Standing in the kitchen door, I hadvery little view

Visible Translated Text Is As Follows: ahead of time when they are going to be relieved. It isn't a matter of impossibility to keep the men from coming in ahead of time, but we do have it. The English Ave. line is a hard schedule. It frequently happens that the English Avenue car outs off the River car, and the Marietta car. I have seen the English ave. car out of the Fair St.car, which is due at five after the hour.K. H. THOMAS, sworn for the defendant.I am a civil engineer. I measured the distance from the intersection of

Visible Translated Text Is As Follows: The pancreatic juice helps digestion mostly in the smallintestine. It consists of water in organic salts of which sodiumcarbonate is the most important, and a number of ferments. The or-dinary time that it takes wheat bread to pass out of the stomachis not less than three hours. The time for a meal consisting ofcabbage cooked for about an hour and wheat biscuit to pass out ofthe stomach depends a great deal upon the mastication of the food.The times given above have reference to the most favorable condi-tions. If the cabbage is not well chewed,

Visible Translated Text Is As Follows: This cabbage (State's Exhibit G) I don't think has been masticated at all so far as these pieces are concerned. There can be no doubt that these pieces would retard the digestion and the passage from the stomach into the small intestine. The presence of such cabbage would make it very uncertain as to telling before the food would pass out of the stomach. I couldn't say and I don't think anybody could say, how long cabbage and wheat bread in such condition would stay in the stomach. As far as wheat bread and

Visible Translated Text Is As Follows: or ten days, a gallon of the liquids of the body having been taken out and a gallon of embalming fluid put in it, and if I further found the acidity of the stomach to be 34 degrees and practically no pepsin, and practically nothing in the lower intestine, the body having been embalmed with formaldehyde, it would be impossible for me or any other chemist or physician to tell anything about the time it had been in the stomach. The acidity of the stomach does not suffice to show it, because it may

Visible Translated Text Is As Follows: and no maltose would not necessarily mean that digestion had not progressed very far, because free hydrochloric acid may have appeared soon after the food entered the stomach and stopped starch digestion. In the average case I would say that starch had not been in the stomach very long. In an ordinary normal stomach you might find maltose before the food reaches the stomach, even in the mouth, it depends on mastication. If I did not find it in the mouth or stomach I could not say how long digestion had progressed. I was

Visible Translated Text Is As Follows: no interference with the brain or any pressure on the brain, nodoctor could tell that long after death whether or not the woundwould have produced unconsciousness, because the skull may be brokenand considerable hemorrhage and depression of bone without any loss ofmemory even. There is no outside physical indication of any sortthat a man could find that can tell whether it produced unconscious-ness or not. If the body was found 8 or 10 or 12 hours after deathwith that wound and some blood appears to have flowed out of thewound, that wound would have

Visible Translated Text Is As Follows: lack of acidity,starch or the lack of starch,maltase or the lackof maltase. The conditions are too variable. A great many thingsretard digestion, such as excitement, anger and grief. Formalde-hyde stops all formed processes of the pancreatic juices, andafter a body was embalmed with it I would not expect to find thepancreatic juices. It also destroys the pepsin, so that 10 daysafter death in the case of a body embalmed with formaldehyde noaccurate opinion could be given as to how long the cabbage (State'sExhibit G) had been in the stomach. Each stomach is a law

Visible Translated Text Is As Follows: contributed anything to any fund for his defence. I have not heardof any such fund.DR WM. OWENS, sworn for the defendant.I am a physician. I am also engaged in the real estate bus-iness. At the request of the defence I went through certain expe-riments in the pencil factory to ascertain how long it would take togo through Jim Conley's movements relative to moving the body ofMary Phagan. I kept the time while the other men were going throughwith the performance. I followed them and kept the time. Mr.Wilsonof the Atlanta Baggage Co/ also kept

Visible Translated Text Is As Follows: carried it out and laid her down, and Conley opened the cloth and rolled her out on the floor, and Frank turned around and went on up the ladder, and Conley carries the body back to where the body was found; Conley goes around in back of the boiler, and notices her hat and slipper and a piece of ribbon;and Conley said:"Mr.Frank, what am I going to do with these things?" and Mr. Frank said: "leave them right there"; and Conley threw them in front of the boiler; Conley goes to the elevator, and

Visible Translated Text Is As Follows: smiling and rubbing his hands, runs his hands in his pocket and pulls out a roll of bills; Frank says:"There is $200.00:" Conley takes the money and looks at it a little bit; Conley: Mr. Frank, don't you pay another dollar watch man comes, I'll pay him myself;" Frank:"All right, I want see what you want a watch for, either, that big fat wife of mine, she wanted me to buy her an automobile, and I wouldn't do it; pause, I will tell you the best way, you go down in the basement, you

Visible Translated Text Is As Follows: ohair and looks down at Frank.Frank grabs scratch pad from type-writer table and starts to make memorandum upon paper, but hishand trembles so he couldn't.Frank gets up to goj, Frank: "Now, Jimyou keep your mouth shut, do you hear?" Conley: "All right, I willkeep my mouth shut, and I will be back here in forty minutes."Conley goes out. It took us eighteen and a half minutes by the watchto go through the movements and conversation, (as above set forth)which Conley says took place between him and Frank on Saturday,April26th. The experiment was made as

Visible Translated Text Is As Follows: weighing about 107 pounds, back. Mr.Brent enacted everything that was supposed to have been done by Conley. Mr Fleming played the part of Mr. Frank. Neither one of these gentlemen are connected with the pencil factory. In putting the cloth around the corpse I think they actually gained time. They did it really faster than it could have been done. Mr. Herbert Haas did most of the reading of the directions. There were no feet hanging out of the sack sack like the body would. As to whether it isn't much easier to handle

Visible Translated Text Is As Follows: Mr. Brent didn't get in the wardrobe, he was too big. He went to wardrobe and we eliminated the time he was supposed to be there. A small man could have got in it. They did not write out the notes. We eliminated that also. Standing in the wardrobe and writing the notes was not included in the sixteen and a half minutes it took. It was said that Conley's testimony was to the effect that he was in the wardrobe eight minutes. The notes were supposed to have taken from 12 to 14

Visible Translated Text Is As Follows: The pantomime that we enacted at the factory was the story as told by Jim Conley on the stand.ISAAC HAAS(Sworn for the defendant.I know Leo M. Frank for over five years. His character is very good. I did not hear my telephone ring on Sunday morning,April 27th. My wife heard it. The telephone is only two feet from my bed.CROSS EXAMINATION. My wife waked me up when she answered the telephone.A.H. ANDERSON. Sworn for the defendant.I work at the Atlanta National Bank. That is the original pass book of Leo M. Frank (Defendant's exhibit

Visible Translated Text Is As Follows: of the metal room doors. They were six feet wide exactly fromjab to jab. The doors are usually open. If any one came up thestair case and turned to the office they could see through themetal room doors. The floors of the metal room are very dirty.I don't know if the window are clean, but you can see through them.L.U. KAUFFMAN, Sworn for the defendant.I made a drawing of the Selig Residence on Georgia Avenue, inthis city, showing the kitchen, dining room, the reception room,parlor and passage way between the kitchen and dining room.

Visible Translated Text Is As Follows: from the back steps and about 38 feet from where the body is saidto have been found. The back door is 165 feet from the elevatorand the total length is 200 feet. I saw no furniture,except a bunkwith old dirty sacks,which were very filthy. The floor of the basementis dirt and ashes. The trash pile is 150 feet from where the body wasfound and it is 21 feet from where the body was found to the coloredtoilet, and 42 feet from where the body was found to the back door.The angle from the colored

Visible Translated Text Is As Follows: CROSS EXAMINATION. There are ashes and cinders along the walk in the basement. Mr. Schiff showed me the point where the body was found. I made every calculation from the point that Mr.Schiff showed me. I made my diagrams within about a month. About two feet of the wall prevents seeing from the door in Mr.Frank's office to the stair way. You can only see a part of the past clock and doesn't take in the West cab at all.REDIRECT EXAMINATION. There will be no difficulty about one person going down the scuttle hole

Visible Translated Text Is As Follows: to see Mrs. Taylor, who lived with him then. That was the only placeI have ever seen him. I never have been to the factory on Saturdayor any other day. I never introduced him to Mr.Frank. There isn'ta word of truth in that. I have never gone down in the basement withthis fellow,Dalton. I don't even know where the basement is at all.I have never been anywhere in the factory, except at my work.CROSS EXAMINATION. I have never been in jail.Mr.W.M.Smith got me outof jail. Somebody told a tale on me, that's why I

Visible Translated Text Is As Follows: Penoll Company on Saturdays. Since that time I have worked off and on at the factory on Saturdays doing extra work. I have also been up to the office Saturday afternoons, frequently during the past twelve months. I was there while Mr. Sohiff was off on his trip. I was up at the office on the Saturday afternoon after Mr. Sohiff went away. Mr. Holloway, Mr. Sohiff, Mr. Frank and the office boy were there. I have never seen any women in Mr. Frank's office on the Saturdays I have been there.CROSS EXAMINATION. I

Visible Translated Text Is As Follows: never,at any time,heard Mr.Frank ask Conley to come back on anySaturday. I have never seen Mr.Frank bring in any women into thefactory. I have never seen Jim Conley guarding or watching the door.I have never seen Jim take newspapers and look at it, but I don'tknow if he read them or not. I have seen him read papers at thestation house like he was reading them.CROSS EXAMINATIONI was arrested Monday,April 33th,about half pastnine. I saw Mr.Frank before I was arrested. He was on the secondfloor.HENRY SMITH,Sworn for the defendant.I work at the pencil factory

Visible Translated Text Is As Follows: Rosser. He considered Scott as working for the city. He included Scott with the rest of the detectives. Mr. Frank looked very much disappointed because the Grand Jury had just ignored him when he expected to be cleared. Mr. Frank has a great many friends who constantly visited him in jail.NATHAN GOPIAN. Sworn for the defendant.I remember last Thanksgiving Day was a very disagreeable day. I don't remember whether it snowed. The B'nai B'rith is a charitable organization here composed of young men. They gave a dance out at the Jewish Orphans Home Thanksgiving

Visible Translated Text Is As Follows: Just sweep 14* np. I was at the undertakers Sunday afternoon twoo'clock when Frank was there. Mr.Quinn,Mr.Zeganki,Mr.Darley and Mr.Schiff were there. I looked at the body with Mr. Zeganks. No oneelse was present. I have known Jim Conley about two years. Hisgeneral character for truth and veracity is very bad therefore,Iwould not believe him on oath.CROSS EXAMINATION - same came from B. DorseyI do not belong to him or no kin to Mr.Frank or any of his people.I have never heard anything saidagainst conley,except since Frank was indicted. I also heard he wasin the

Visible Translated Text Is As Follows: undertakers, I didn't see the impress of the cord on the neck. Ijust took one look and then came right out again. I saw the dis-coloration of the eye and that bruise and I sort of felt sick andI walked right out.REDIRECT EXAMINATION - I am a German and I am accustomed to drinkingmy beer, I have never trusted Jim Conley after he put water in mybeer.HARLEE BRANCH, Sworn for the defendant.I work for the Atlanta Journal. I had an interview with JimConley on two occasions. On May 31, he told me he didn't

Visible Translated Text Is As Follows: no way of dividing the time. I should say that perhaps he was talking and not acting for about fifteen minutes. Of course he was talking all the time that he was acting. I did not say that I thought he was talking half of the time.REDIRECT EXAMINATION. In going through his performance he walked very rapidly. We were almost on a trot behind him. I was at the factory fifty minutes while he enacted his story. I left him after he had written one note in Mr.Frank's office. He wrote the notes rapidly.

Visible Translated Text Is As Follows: occasionally when she went to work. He said nothing as to havingseen the girl on Saturday and coming in on the car with her. Idirected my questions to both the children.CROSS EXAMINATION. I was not seeking evidence for the defendant.There was no defendant at that time. This was on Sunday, the daythe body was found, I have been working under the direction of Mr.Olofein, city editor.Olofein visited Frank in jail. At that time Mr.Frank had not been mentioned in connection with the case at all.At the time of the interview with the little girl

Visible Translated Text Is As Follows: to Whitfield and said "take it to the door and see what it is". It was pretty dark in there. Right in-the-same corner, I also found a club (defendants exhibit 48). It was standing upon the doorway with some iron pipes. The club is used by the night man as a roller to roll boxes and barrels on. The iron pipes there were used for the same purpose. The stains on the club were either paint or blood, I don't know which. I found this little stick back of the front door (State's exhibit

Visible Translated Text Is As Follows: show it to MR. BLACK. I showed him the club and the envelope. I turned them over to MR. PIERCE, the paper intendent of our agency. I don't know where he is - nor MR. HAASFIELD either.JOHN FINLEY, sworn for the defendant,I was formerly master machinist and assistant superintendent of the pencil factory. I have known MR. FRANK about five years. His character was good.CROSS EXAMINATION. I am now superintendent for Jettler Bros. They are not related to the FRANKS. I left the pencil company about three years ago. I have never heard anything

Visible Translated Text Is As Follows: CROSS EXAMINATION. On Sunday, Mr. Frank when he was at the house told us he had been called downtown and that this little girl was murdered, and he told what a horrible crime it was. He did not say who committed it. He said nothing about employing a lawyer. He said nothing about how he slept the night before. I think he told about being at the undertakers in the afternoon. I did not hear him say anything about his visit to the undertakers in the morning. He said he had been taken down

Visible Translated Text Is As Follows: MRS. A. E. MARCUS, sworn for the defendant.I am a sister of Mrs. Leo M. Frank. I played cards Saturday night at Mrs. Selig's. Mr. Frank was there sitting out in the hall reading, and Mrs. Frank was going in and out of the room. Mr. Frank went to bed after ten o'clock. I noticed nothing unusual about him, no bruises, marks or signs.CROSS EXAMINATION. He came in one time and told us something funny about a baseball joke. We were still playing when he went to bed.MRS. H. MARCUS, sworn for the defendant.I

Visible Translated Text Is As Follows: after I got there. His wife went to bed soon afterwards.MRS.EMIL SELIG, Recalled for the defendant.(Witness denies categorically that any of the contents ofMinola McKnight's affidavit (Defendant's exhibit J)are true.) I have neverraised Minola's wages one penny since she has been with me.CROSS EXAMINATION. I didn't see Albert McKnight at my house on Sat-urday. He has been to the house two or three times. I was in bedwhen Mr.and Mrs.Frank went down stairs Sunday morning in responseto the ringing of the telephone. Mr.Frank got home about eleveno'clock Sunday morning and then ate his breakfast.

Visible Translated Text Is As Follows: vous than we were about the murder when we saw him that morning. I was very much agitated and trembled. My wife commenced to cry and was very nervous. I saw no marks, scratches or discolorations of any sort on his face, and there were no spots on his clothing. I went to the factory that morning and made a general examination, in -cluding the metal room. We saw nothing on the floor. Frank was very much agitated and nervous when he told us about the occurr-ence. We have a great many accidents in

Visible Translated Text Is As Follows: when he was at my house Sunday morning. He had already been to the undertakers. He told me they had taken him into a dark room and flashed on a light, and he said he saw the little girl there. He described how she looked. He said her face was scratched and her eye was discolored, and she seemed to have a gash in her head. Her mouth was full of sawdust and he described her in a general way. He did not call my attention to his being nervous. He did not say

Visible Translated Text Is As Follows: I would be sometimes there so late the shipping olerk would be gone. I have never found the front door looked on a Saturday afternoon.I have never seen Jim Conley watching there Saturday afternoon. I have never seen him guarding the door. I have never seen him around the factory at all Saturday afternoon. I have never found the doors to Mr.Frank's inner or outer office looked. Both doors have glass windows in them. Anybody could see through them. I have sometimes found Mr. Schiff working there with Mr.Frank on Saturday afternoon. I did

Visible Translated Text Is As Follows: I would stay in the outer office. I never left the factory on Saturday afternoon. I have never known Mr.Frank to have any women in his office drinking or doing anything else.CROSS EXAMINATION. I never stayed in the factory Saturday afternoon in the Summer months. Every other Saturday afternoon then I got off at one o'clock. No I don't know anything about Mr.Schiff and Mr. Frank and others taking women down the alley on Forsyth St. and around the back door. He said did not have any women in the factory when I was

Visible Translated Text Is As Follows: PHILIP CHAMBERS, Sworn for the defendant.I am 15 years old. I started working for them Dec.13,1912, as office boy at the pencil factory. I left there March 29,1913. I stayed in the outer office. On Saturdays I stayed until 4.30 and sometimes until 5 o'clock. I never left before 4.30 on Saturdays. I would go to dinner about 1.30 and get back at 3. Sometimes on Saturdays I would be sent to Montag for 15 minutes, to get the mail. I would sometimes go out to the Bell St plant to send the payroll

Visible Translated Text Is As Follows: CHARLIE LEE, Sworn for the defendant,I am a machinist at the pencil factory. I remember the accident to Duffy in the metal room. His finger was hurt on the eyelet machine, about Oct.4,1912. It bled freely and the blood spouted out. There was a lot of the blood on the floor. He went down the hall to the office, by the ladies dressing room. There was blood at that point. Gilbert also got hurt in the metal room last year. He was bandaged in the office also. In going from the metal room to

Visible Translated Text Is As Follows: The employees used the back stairs stairs leading from the metalroom to the third floor. You can hear the elevator running if themachinery is not running. It makes a roaring noise and you can hearit on any floor. The motor makes a noise, and you can see the wheelsmoving on the fourth floor. I know Jim Conley's general characterfor truth and veracity, it is bad. I would not believe him on oath,I wouldn't believe him on oath, because him and his whole familylied to me.CROSS EXAMINATION. I never associated with Jim. No. I ain't

Visible Translated Text Is As Follows: a single thing immoral that he did do in those five years. I have never heard of his going in the girls' dressing room. I have never heard of his slapping girls as he would go by. I have never heard Mr. Frank talk to Mary. I have never heard of the time Mr. Frank had her off in the corner there when she was trying to go back to work.DIRECT EXAMINATIONMRS DORA SMALL Sworn for the defendant.I worked on the fourth floor of the pencil factory for five years. I saw Jim Conley

Visible Translated Text Is As Follows: It was before this murder took place. I did not see Mrs. Carson talk to Jim on Tuesday or Wednesday. I saw I worked in one end of the building and I worked in the other. I saw Mr. Frank and Miss Carson talking business between eight and nine o'clock on Tuesday. They stopped right in front of my machine. Mr. Frank went downstairs and Miss Carson went on back to her work. He used to come up there frequently. Conley was standing at the elevator. He was standing with his hand on a

Visible Translated Text Is As Follows: 23As he read it he kinder grinned. He told me he believed Mr.Frank was just as innocent as the angels from Heaven. Iknow his general character. He was never known totellthe truth.I would not believe him on oath.CROSS EXAMINATIONI saw the dark red spots by the water cooler in the metalroom where they had chipped up something. Something white wasdropped all over it. The spots did not look like they had beensmeared over. Looked like a plain drop of blood. I think itwas paint because there was paint used there all the time. Theyasked

Visible Translated Text Is As Follows: 24about half past ten. It sounded like a boy's voice. It said,"Tell Mr. Schiff Mr. Frank wanted him at his office." Mr. Schiffwas asleep at the time. I waked him up and he said, "Tell Mr.Frank I will be there as soon as I can get dressed." And I re-peated the message to the boy and told him what Mr. Schiff said.Then Mr. Schiff went back to sleep again. The same voice calledup Mr. Schiff again about eleven o'clock. Said he wanted Mr.Schiff to come down to the office. Mr. Schiff told me to

Visible Translated Text Is As Follows: 25He wasn't nervous or excited so far as I could see. Nothing unusual about him. Don't know what they were laughing about.J. C. MATTHEWS Sworn for the defendants.I was at Montag Brothers on April 26th. I saw Mr. Frank in the office of Montag Bros. in the morning of that day. I couldn't give you the exact time. I work at Montag Bros.

Visible Translated Text Is As Follows: ALONZO MANN, Sworn for the defendant.I am office boy at the National Pencil Company. I began working there April 1st, 1913. I sit sometimes in the outer office and stand around in the outer hall. I left the factory about half past eleven on April 26th. When I left there Miss Hall, the stenographer from Montag, was in the office with Mr.Frank. Mr.Frank told me to phone to Mr. Schiff and tell him to come down. I telephoned him, but the girl answered the phone and said he hadn't got up yet.I telephoned once.

Visible Translated Text Is As Follows: I didn't think she should go until she finished Mr.Montag's mail. He said something she then about her coming over in the afternoon, and I said I didn't think she ought to work over there as it wasn't her work, and I told her not to do it, but I told her if she got through with Mr.Montag's mail, she could go over there that morning and help him, if she could assist him in anyway.CROSS EXAMINATION. I have never seen Frank write any of the documents which I say are in his handwriting.

Visible Translated Text Is As Follows: two important orders as to their shipments and he replied that hecouldn't tell whether they had been shipped or not, but that if Iwould return to the factory with him he would show me the duplicateinvoices and let me see for myself. I replied that I would not havetime to go back, as I had lots of orders. He says: "If you can'tcome now, come this afternoon." And then he walked in to Mr.Montag'soffice, and as he went into the office he said "Come up now, or comeup after dinner."CROSS EXAMINATION. I saw Frank

Visible Translated Text Is As Follows: look at it. It had numbers of pencils and prices on it. That letter was read in Hotel MoAlpin, in Mr.Mose Frank's room. As to what relatives Mr.Frank has in Brooklyn, my brother-in-law Mr.Bennett is a clerk at $18 a week. My son-in-law Mr.Schwartz is in the retail cigar business. As to what my means of support are, we have about $20,000, out at interest, my husband and I, at six per cent. We own the house we live in. We have a $6,000.mortgage on it. The house is worth about $10,000. My husband

Visible Translated Text Is As Follows: C. F. URBANACH, Sworn for the defendant,/I married a sister of Mrs.Leo Frank. I phoned him on Friday and asked him if he would go to the baseball game Saturday. He said he didn't know, he might go and would phone me later and let me know. On Saturday when I got home about twenty minutes to two my cook told me that Mr.Frank had phoned and told me that he wasn't going to the game. I saw him on Sunday, after the murder, at my house. I saw no scratches marks or bruises

Visible Translated Text Is As Follows: 311.RE-DIRECT EXAMINATION.My health is bad and I am under care to hear much of the facts of the crime at the time. I was operated on the next day. Mr. Frank spared my feelings. These are the clothes Mr. Frank wore on April 26th (Defendant's Exhibit 49).MISS HELEN KERNS Sworn for the defendant.I work for the Dodson Medicine Company as stenographer. My father works for Montag. I took shorthand under Professor Briscoe last winter. I have seen Mr. Frank in his factory. I went there with Professor Briscoe to get a job. I didn't

Visible Translated Text Is As Follows: until almost three o'clock. There was plenty of room on that corner. I stood there from five minutes after one until twenty minutes after me. After I met my friend we went back to Kress. I did not speak to Mr. Frank. He was standing up against the building up Alabama Street. It was not real crowded up Alabama Street. You could not stand in the middle of the sidewalk. I got a clear view of Mr. Frank. I don't think he saw me. I don't think he would have recognized me because he

Visible Translated Text Is As Follows: CROSS EXAMINATIONI noticed that Mr. Frank got off at 1120, because I was looking at the clock. I was waiting the car for my son. I had already had lunch. I could not wait for him. He tried to get me over the phone but could not reach me. The reason I knew it was that time I was looking at my clock and noting the cars as they passed and my son had not come yet. That was the only reason I would have noticed it.RE-DIRECT EXAMINATIONMy childred on Memorial Day instead of

Visible Translated Text Is As Follows: to speak to me. 367 Washington street is three doors above Georgia Avenue. I saw him take the car at the corner of Glenn and Washington St.JEROME MICHAEL, Sworn for the defendant.I live in Athens, I was in Atlanta on April 26th. I took dinner at Mrs. Wolfsheimer's residence at 367 Washington Street. I saw Mr. Frank upon that day between five minutes to 2 and 2 o'clock. I know it was that time because I had an engagement with a young lady and I had a watch in my hand most of the

Visible Translated Text Is As Follows: 15CROSS EXAMINATIONThe time is fixed in my mind because we ate dinner about half past one and we had just finished. I was not looking for any scratches or bruises, but I certainly would have seen them if they had been there. I was close enough to him to have seen him.JULIAN LOEB Sworn for the defendantsI live at 380 Washington Street, across the street from the Wolfheimer residence. I am a cousin of Mrs. Frank. I saw Mr. Frank on April 26th in front of the Wolfheimer residence. I was there when he

Visible Translated Text Is As Follows: 16recognized his machine. It was going down the street. I recognized it by the dark color. It's park light in front of the car so close as to hit the car and that's what called it to my attention. The top of the machine was up and the sides were open. The car was a dark maroon color and seats from four to seven passengers. I don't know the number of it. I just saw a dark maroon car. I found out afterwards that it was Mrs. Hinchey's. I only noticed that particular automobile

Visible Translated Text Is As Follows: 17was very thick. I have been to see Mr. Frank once in jail. Imentioned to him that I saw him that day. Mr. Frank and I wereonly business friends. We have had pleasant business transac-tions and also controversies. I did not go to jail to talkit over with him. I went there because I had been knowing himfor five or six years and was interested in him, because he wasimplicated in the case. We were not personal friends, but havehad a great many business dealings with each other and I naturallyfelt an interest in

Visible Translated Text Is As Follows: 18CROSS EXAMINATION.He made that remark to me about 8 o'clock Monday morning and I went right back and told my mother of it. The elevator makes enough noise to know it is running. You don't notice it when the machinery is running. You wouldn't know whether it was running or not unless your attention is directed to it. I had looked at the clock five minutes before I saw Mr. Frank in front of Rich's. I had just looked at the clock also before I saw him going into Jacob's. I am certain of

Visible Translated Text Is As Follows: On Wednesday I said the same thing and he answered the same thing.On Thursday when I said that to him again he said, "No, I ain'tdone nothing." I said, "Jim, you know Mr. Frank never did that,"and he says, "No, Mr. Frank is as innocent as you is, and I knowyou is." I said, "Jim, whenever they find the murderer of MaryPhagan it's going to be that nigger that was sitting near the ele-vator when Mrs. White went upstairs. He laid his broom down thenand went out." I would not believe Conley on oath.CROSS

Visible Translated Text Is As Follows: or doing anything of that sort. I did not go down and see blood on second floor near dressing room.MISS MARY PIRK, sworn for the defendant.I am one of the foreladies working at the National Pencil Co. I am at the head of the polishing department. I have been there about five years. I talked with Jim Conley Monday morning after the murder. I accused him of the murder. He took his broom and walked right out of the office and I have never seen him since. His character for truth and for veracity

Visible Translated Text Is As Follows: LEMOIE QUINN, Sworn for the Defendant:I am foreman of the metal department. Barrett pointed outto me where he claimed to have found blood spots on the met-al room floor. He asked me whether I thought that he (Barrett)would get the reward if Frank were convicted. He told me thatseveral people told him that he had a good chance to get the re-ward. He said a fellow told him that he would get $2700 onetime and $4500 the other time. He mentioned that reward to meon several occasions. The floor on the metal room is

Visible Translated Text Is As Follows: were out of material and she was laid off for the rest of theweek. I have never seen Mr. Frank speak to her. I went tothe factory on April 26th, to see Mr. Schiff. He was not there.I often go to the factory on Saturdays and holidays. The streetdoors were open when I got there. I did not see Mary Phagan, norJim Conley, nor Montie Stover. The doors to Mr. Frank's innerand outer office were open. The time I reached Mr. Frank'soffice was about 12:20. I saw Mr. Frank on Sunday at Bloomfield'sundertaking establishment

Visible Translated Text Is As Follows: mention it at the coroner's inquest. This was Tuesday after-noon. I told you in the statement I gave you that I could notswear positively as to the time I was at the factory. I said Igot to the pool room between 12:20 and 12:30. I had been up inthe factory before I met Newt, Freeman and Miss Hall at the BusyBee. I was in the office and saw Mr. Frank between 12:20 and12:25. At the time I made the statement to you that I was there-between 12:00 and 12:05 I had reckoned the time

Visible Translated Text Is As Follows: have been as early as twenty minutes after 12 that I got to the factory, because I had reckoned my time down from leaving home and the number of stops, and I said that it have been between 12:20 and 12:25.HARRY DENHAM, Sworn for the Defendant.I work on the fourth floor of the pencil factory. I was paid off Friday, April 25. I came back Saturday to do some work. Mr.Darley asked me to come back. I had to work on the machinery when it was not running. It was the only time I

Visible Translated Text Is As Follows: I left at ten minutes after three, I saw Mr. Frank. Mr. White and I came down together. Before we went out, Mr. Frank came up- stairs about three o'clock and asked was we getting out, and we told him we were getting ready to go right now. We were washing right then. When we came out we saw Mr. Frank at his desk in his office writing. Mr. White borrowed $2 from him. He did not look nervous or unusual. You can look down from the landing on the third floor and see

Visible Translated Text Is As Follows: 65ing his hands together. We left McKnight in the factory when we left there two blocks before they saidMINOLA McKNIGHT (c) Sworn for the defendant:I work for Mrs. Selig. I cook for her. Mr. and Mrs. Frank live with Mr. and Mrs. Selig. His wife is Mrs. Selig's daughter. I cooked breakfast for the family on April 26th. Mr. Frank finished his breakfast a little after eleven o'clock. Mr. Frank came to dinner about 20 minutes after one o'clock. That was not the dinner hour, but Mrs. Frank and Mrs. Selig were going off

Visible Translated Text Is As Follows: 7and made me sign something before they would let me loose, but itwasn't true. I signed it to get out of jail, because they saidthey would not let me out. It was all written out for me beforethey made me sign it.CROSS-EXAMINATION.I signed that statement (State's Exhibit "J"), but I didn'ttell you some of the things you got in there. I didn't say heleft home about three o'clock. I said somewhere about two.I did not say he was not there at one o'clock. Mr. Graves andMr. Pickett, of Beck & Gregg Hardware Co., came

Visible Translated Text Is As Follows: KEIL SELIG. Sworn for the defense.I am Mr. Frank's father-in-law. My wife and I live with Mr. Frank and his wife. The kitchen in our house is next to the dining room. There is a small passage way between them. The sideboard in the dining room is in the same position now, as it has always been. Mr. Frank took breakfast before I did on April 26th and left the house before I breakfasted. I got back home to dinner at about 11:15. My wife and Mrs. Frank were eating then. They told me

Visible Translated Text Is As Follows: Our party broke up about half past eleven. I did not hear the telephoning early Sunday morning, I had the scratches on Frank Sunday morning.CROSS EXAMINATION.I have never seen the servants move that sideboard. I say it was about 1:20 when Mr. Frank came home to lunch, because I left town about 1:10. The car reaches our corner between 1:10 and 1:20. I got home a little after one, about 1:10. Mr. Frank may have laid down and taken a nap after dinner. I don't know. I laid down and took a nap. Mr.

Visible Translated Text Is As Follows: quarter past seven. We played cards that night in the dining room with a party of friends. Mr. Frank and his wife did not play. They do not play poker. They play bridge. He was sitting in the hall reading. Mr. Frank answered the doorbell and let in some of the guests. He came in once while we was playing cards to tell us about a joke that he had read about an umpire and he laughed out very heartily. He went to bed between ten and ten thirty. He told us all goodnight

Visible Translated Text Is As Follows: estimate, I have tried to make my figures sufficiently conservative to make allowance for a man in charge of the work. I have tried to show it done in the quickest possible time. I think it will be wonderful to make it in less time than that. I think a man who could make it out and verify it as well as went along, it would take the whole afternoon.C. R. POLLARD. Sworn for the defendant.I am an expert accountant. I was called into this matter for the purpose of seeing the length of

Visible Translated Text Is As Follows: total $396.75, instead of $386.29.RE-DIRECT EXAMINATION. In making out this sheet Mr. Frank had to make about 40 multiplications and 50 additions. The mistake is not a serious one.HERBERT G. SCHIFF. Recalled for cross examination.The books show that $4 was loaned to Arthur White. I made the entry in the book. The $2. was for what Mr. Frank loaned him that day and $2.00 I loaned him the middle of next week. As to where the entry is that Mr. Frank lent Arthur White $2. these slips are not kept after we tear it

Visible Translated Text Is As Follows: That was about half an hour before he came over to Montag Bros. I had called him up to get a duplicate bill of lading and in the course of the conversation, I asked him if he would need me over there that morning, on account of his having an inexperienced stenographer over there, I had been going over there all during the month of April on that account. He said "Please come over I have some work for you to do". It was 20 or 30 minutes after that that he came over

Visible Translated Text Is As Follows: ...requisition sheets. The entering of the requisition was done after I acknowledged the orders, because when they enter them the house order number is put on them when they are put in the book and there was no house order number when I acknowledged them. Therefore, it had to be done afterwards. The requisition sheets are not made out until they are entered on the house order book and then acknowledged and then the requisition sheets are made. These eight letters (defendant's exhibit 8) were dictated to me Saturday morning by Mr. Frank and

Visible Translated Text Is As Follows: writing about two minutes after he finished dictating the letters. I don't know how long it took me to write them. I am not a very rapid typist. During the time I was writing, Mr.Frank was in the inside office, except when he came out to talk to Mrs. White and came to the door with those men. After typing them, I took them into him to sign. He folded the letters and put them in the envelopes himself. He did not ask me to stay until he looked over the letters. As to

Visible Translated Text Is As Follows: 26data, that he couldn't fix the financial sheet until Mr.Schiffgot up the data, and he had Alonzo Mann telephone him to come overover there to do it, but Mr.Schiff didn't come while I was thereI said at the coroner's inquest that I didn't see Mr.Frank work-ing on any of these books that day. He was in the outer of-fice and he was in the inner office. There wasn't any such look-ing sheet as the financial on his desk, when I was in there hewas at work on a pile of letters and things like

Visible Translated Text Is As Follows: to two men between the outer office and the clock. He was dis-missing those two men when we came in there. White and the stenographer were in the office then also. As we were going up the steps,Mr.Frank called to Mrs.Freeman to tell Arthur White to come down thathis wife wanted to see him. On the fourth floor we saw May Barrett,Arthur White and Harry Denham. When we left the factory, the foll-owing people were still there: Arthur White, Mrs.White, MayBarrett, her daughter, Harry Denham, the stenographer and Mr. Frank.CROSS EXAMINATION. We met Mr.

Visible Translated Text Is As Follows: from my department. It covers all the different classes of work where the goods were finished.CROSS EXAMINATION. I always turn those reports in Friday night or early Saturday morning. They don't touch Friday's work.MISS MAGNOLIA KENNEDY, sworn for the defendant.I have been working for the pencil factory for about four years, in the metal department. I drew my pay on Friday, April 25, from Mr. Schiff at the pay window. Helen Ferguson was there when I went up there. I was behind her and had my hand on her shoulder. Mr. Frank was not

Visible Translated Text Is As Follows: WADE CAMPBELL, Sworn for the defendantsI have been working for the pencil factory for about a year and a half. I had a conversation with my sister, Mrs. Arthur White, on Monday April 28th. She told me that she had seen a negro sitting at the elevator shaft when she went in the factory at twelve o'clock on Saturday and that as she came out at 12:30, she heard low voices, but couldn't see anybody. On April 26, I got to the factory about 9:30. Mr. Frank was in his outer office. He was

Visible Translated Text Is As Follows: extra, but I don't know what paper it was. I knew that he could write because I had seen him do it several times, with pen and ink. I don't know whether he was making up his reports of boxes, but I have seen him writing. Yes, I have seen spots along the route from the ladies closet to the elevator ever since I have been there. They have red varnish and red paint and such things like that that look like blood. I am sure there are spots all around in the metal

Visible Translated Text Is As Follows: 31the detectives got to the factory,Frank was at the Station House. He wastherenearly all morning. He phoned me first about twelve o'clock, and then again about twelve thirty. He wanted to see if wecould not injustice to all the employees try to sift this thingdown, and he suggested getting the Pinkerton. He phoned againnear one o'clock. Mr.Frank spoke about his nervousness. He didn'ttalk a great deal about it. He may have spoken to me one or twiceabout it. I think one time he explained to me how terrible thegirl looked and the other time

Visible Translated Text Is As Follows: when I left Friday night. I left Friday night at half past six. I didn't go to the factory on Saturday morning. I have never timed Mr.Frank entering those orders. I said I guess it would take him thirty minutes to actually enter them. After entering them he mu-st transcribe and acknowledge them. The initials "H.H" on these orders(Defendant's exhibits 14,15,16,17,18,19,20,21,22,23,24), means Miss Hattie Hall, the stenographer. "H.G.S." on these regulations (Defendant's exhibit 25 to 35 inclusive) are my initials, means that I checked the order and O.K.'d it and its gone. Miss Hattie

Visible Translated Text Is As Follows: 23but you got three sheets to get them from,one line on all threesheets and the total,making six lines altogether. It is not easyto say how long that would take. It is merely looking at those thingsand putting them down,you have got to over it,and get the differentclasses of goods that we pack and take it and put it under the headof the specialty,that is the head of the class of goods manufac-tured that week. You must have the slat record. I haven't got theslat record here. It certainly is different from this. It comesfrom

Visible Translated Text Is As Follows: It is true that he could have done all of the work in two hours and a half. I didn't hear him say that he could have done it in an hour and a half. The work that have just been over and the entries in the book and the letters that he dictated to the stenographer is the sum total of all the work that I have seen done on the books in the office on April 26th. Mr. Frank and I were not paid off on the 25th, or 26th. In addition

Visible Translated Text Is As Follows: I say he did work on the average sheet on Saturday because those orders came in that day. I know they could not have been entered the Thursday before and that they were entered in fact Saturday because I had gone over the orders and find that they average the same thing that he has got on the average sheet. None of the orders came in the factory before Saturday morning because they were not there Friday night when I left. I am sure of that. I have never known Mr. Frank to leave

Visible Translated Text Is As Follows: 26B'nai B'rith affair, which Mr.Frank went to and I helped himcarry his packages to the car. As far as my remembering every Saturdaythat I have been there for six months previous, I have never lost aday from the factory since I have been there with the exception ofmy vacation. I was with Mr.Frank until half past twelve on Thanks-giving Day, when I left him at the corner of Mitchell and Alabama,where he caught a Washington Street car. I don't know what he didthat afternoon. I do know that I remained at the factory everySaturday

Visible Translated Text Is As Follows: it by the whistle in back of us every day at twelve o'clock. We don't set it every time we hear the whistle- though. We have had unreliable people at the factory. We give them a trial. I knew that Conley was unreliable a good while ago. Found it out the first time I ever spoke to him. When we found that we couldn't trust him we took him off the elevator. Mr. Darley and I did it. We didn't take it up with Frank. Girls in the factory have told me about his

Visible Translated Text Is As Follows: REDIRECT EXAMINATION. When I stated that it took two and a half hours to three hours to make up the financial sheet, I meant with out any interruptions. We have quite a few interruptions on Saturdays, salesmen drop in, draymen and people come in, for their envelopes after we have paid off. When I said to Mr.Dorsey that he might do the work from 8.30 to 10.30, I had reference purely to the financial sheet, making the entries in the house order book, requisitions and dictating the correspondence, I did not include. The correspondence

Visible Translated Text Is As Follows: 29nature for a jeweler for a watch. The detectives found the information by coming to the factory. The negroes always ate in the basement. Conley was familiar with the basement. Mr. Dorsey subpoenaed me to his office, he subpoenaed some of the others. I think he phoned to me. Empty sacks are usually moved a few hours after they are taken off the cotton.BE CROSS EXAMINATION. I had no objection to coming to your (Mr. Dorsey's) office. I offered to assist you in any way I could. No, it was not Mr. Frank's custom

Visible Translated Text Is As Follows: JOKL C. HUNTER, Sworn for the defendant.I am a public accountant, engaged in the profession ten or fifteen years. I have examined the financial sheet said to be made by Leo M. Frank. I examined a copy and then checked it against the original. In order to find out how long it would take a person to make out these reports, I went through the calculations. I did not make out the sheets. I verified the extensions and calculations on the financial sheet (Defendant's exhibit 24). I found them correct within a decimal. There

Visible Translated Text Is As Follows: 18The next item he entered was "House order 7188,F.W.WOOLWORTH, Store 68, Terre Haute Ind." That was to be filed at once. He would send an acknowledgement card for every order we received. If the order wasn't understood, he would write. The next item he entered was "House order 7189 Woolworth Store 53,Logansport,Ind." to be shipped at once, received on 4-36-13". He figured that order out and entered it. The next order is "House order 7190, store 55 DeKalb, Ill. received 4-26-13, ship at once". The next order 14 "House order 7191, store 35 Wilkesbarre,

Visible Translated Text Is As Follows: 17essary to make up the sheet. The sheet here headed "Comparison 191201913" (Defendant's Ex. "11") is made up by Mr. Frank to show the difference between one week of this year and the same week of last year and in making that up he has to take the financial sheet that he made this year and turn to the financial sheet that he made last year for the same week and compare them. This is the comparison sheet he made on Saturday. It is dated April 24th, 1913. (Defendant's Ex. "11"). The requisition and

Visible Translated Text Is As Follows: 16.been over carefully the calculations in it and it represents approximately the operations of the factory for six weeks. We did not do any of the work on that sheet on Friday. I think it would take about three hours to go through the calculations and complete that sheet. That was our average time. There is no difference in the handwriting of Mr. Frank in the financial sheet of April 26th, from that of the week previous. It is just the same. The financial sheets are all kept in this book here (Defendant's Ex.

Visible Translated Text Is As Follows: 15number had for that week. The next item "Wrappers" requires calculation because every dozen pencils takes a wrapper. People sometimes want them packed in tissue paper and he has to know which pencils are packed. He has got to go through all the pencils to determine which took wrappers and which did not. Our pencil production averaged 2900 to 3000 gross per week. A gross is 144. The next item is "skeletons". Skeleton is a card board with a little place in it where six pencils go on one side and six on the

Visible Translated Text Is As Follows: 14He has to put that down under the number of pencils that shows on this sheet. He has to calculate and have a separate report as to each kind of pencil, and then add them up. We manufacture over a hundred kind of pencils. That week we dealt with about thirty-five different kinds. To do this you have to add, multiply, classify and separate each pencil into a different class. The next item appearing on the financial sheet is "slats", 2719. In calculating that he had to calculate the number of gross slats used,

Visible Translated Text Is As Follows: 13.shows it below the time clock near and where the staircase is. The door entering into the Clarke Wooden Ware place was open two or three days after the murder. The door was previously locked. There is a hole back there through which waste is thrown down. It is an open hole. There is no lid to it. It is big enough for the body of a girl of the size of Mary Phagan to go through. If a body was thrown down it, it would roll down and stop on the platform. Mr.

Visible Translated Text Is As Follows: I paid off the help on Friday, April 25th, from the pay window outside of the office. I remember paying off Helen Ferguson that day. Nobody came up to ask for Mary Phagan's pay. Before any one could get another's envelope, they have to have a note to that effect. There was no reason for anyone to go to Mr. Frank to get their pay Friday, April 25. I was at the window paying off employees. We had posters put up all over the factory announcing that Saturday would be a legal holiday and

Visible Translated Text Is As Follows: 11often Mrs. Frank would come up to the office on Saturday.I never saw Conley around the office on Saturday afternoon aftertwo o'clock. We never had any women up in the office. I neversaw any there. There is not a bed, cot, lounge or sofa anywherein the building. There is a dirty box with dirty crocus sackson it in the basement on the Clarke Wooden Ware Company side.It is very filthy and dirty down there. I went on the road onthe first Saturday in January, 1913. I got back to the factorythat day about 2:15,

Visible Translated Text Is As Follows: (Defendant's exhibits 25,26,27,28,29,30,31,32,33,34,35) are in Mr.Frank's handwriting and are O.K. by me when I check it, which meansthat we ship the goods. All of the goods called for by these ordershave been shipped out by me after being O.K.'d with the exceptionof the order of R.E. Kindell and Company 7197 (Defendant's exhibit34), which was cancelled by letter. None of these orders were atthe pencil company factory when I left there Friday night, and theywere there when I got back on Monday. The work of looking overthe orders and intering them in the order book

Visible Translated Text Is As Follows: find any mesh bag or pocket book. I was Mr. Frank constantly while he was at the factory on the Tuesday morning after the murder. He did not speak to the negro Conley that day. Today we tried to open up the factory, but every body was so excited that we couldn't do any work. The girls were standing around, crying. We had to suspend. As I went out of the shipping room that morning, I saw Conley standing at the back of the room. I said "what are you doing here?" He says:

Visible Translated Text Is As Follows: 10Saturday morning and also our pay roll which showed on the financial sheet. These reports and the pay roll are necessary to make up the financial sheet. We paid off at Saturday noon. It has been our fixed custom ever since we have been in existence to make up the financial sheet on Saturday. I help Frank make out the financial sheet by getting up part of the data, getting up a sheet that we term the factory record, the number of pencils packed for the week, getting up the time records; I get

Visible Translated Text Is As Follows: 9office as Mr. Frank. I took a trip on the road on the first Saturday in January. All of the Company's money except the petty cash was kept over at Montag Bros. office at the general manager's office, Mr. Sig Montag. All mail of the Company is received at Montag Bros. The men in Mr. Montag's office made the deposit of money of the Company. Mr. Frank and I handled the petty cash ranging from $25.00 to $50.00. When we wanted money for the pay roll, we would get a check from Mr. Sig

Visible Translated Text Is As Follows: She was sitting by herself when I got here. Mary wasn'tbut two or three passengers on the car and there wasn'tanybody sitting with her. If Epps was on the car I don't recol-lect it. I don't recall the name of any other passengers exceptMary Phagan. As to what attracted my attention to Mary gettingon the front end of the car, as a general rule when she wouldcatch our car Mr. Matthews would say to her "You are late today"and sometimes she would come in and remark that she was mad; thatshe was late today

Visible Translated Text Is As Follows: 7RE-DIRECT EXAMINATIONI identified Mary's body Sunday afternoon after the murder at the undertaker's. There was no doubt about her being the same girl. I knew her well by sight. She rode on my car lots.RE-CROSS EXAMINATIONI can't tell you whether that is the hat or not she wore.W. H. HOLLIS, Sworn for the defendants.I am a street car conductor. On the 26th of April I was on the English Avenue line. We ran on schedule that day. Mary Phagan got on at Lindsey Street at about 11:50. She is the same girl Identified at

Visible Translated Text Is As Follows: 6 street and you must go slow. I was relieved at Broad and Marietta by another motorman, but sat down in the same car one seat behind Mary Phagan. Another little girl was sitting in the seat with her. We got to Broad and Hunter about 12:10. Mary and the other little girl both got off and walked to the sidewalk and they wheeled like they were going to turn around on Hunter Street, both of them together. The pencil factory is about a block and a-half from where they got off at Hunter

Visible Translated Text Is As Follows: I got information as to Conley writing through my operatives while I was out of town.Monday I saw me when I returned. I got no information personally about his being able to write from the Penoil Company people. Personally I did not get information as to Conley's being able to write from Penoil Company. I got it from outside sources, wholly disconnected from the penoil company. As to whom I first communicated anything about Mrs.White's statement about seeing a negro down there, my impression is I told it in my many conversations with Black,

Visible Translated Text Is As Follows: ing him how to look the door. He did not tell us anything aboutFrank having a cord in his hand at the tip of the steps or thatFrank looked funny about his eyes or that his face was red. Hedidn't tell us that he went back there and found the little girlwith a rope around her neck and a piece of underclothing or thathe went back to Mr. Frank and told him the girl was dead, or thathe wrapped her in a piece of cloth. He said it was a crocus sack.He did not

Visible Translated Text Is As Follows: 3him. He looked pretty good when he testified here. Frank wasarrested Tuesday morning at about 11:30pm May 29th we had anoth-er- talk with him. Talked with him almost all day. Yes, wepointed out things in his story that were improbable and toldhim he must do better than that. Anything in his story thatlooked to be out of place we told him wouldn't do. After he hadmade his last statement we didn't wish to make any further sugges-tion to him at that time. He then made his last statement onMay 29th(Defendant's Ex.38). He told us

Visible Translated Text Is As Follows: make him give a confession. We used a little profanity and cussed him. He made that statement after he knew that I knew he could write. We had him for about two or three hours that day. He made another statement on May 24th which was put in writing. (Defendant's Exhibit 37.) He was carried to Mr. Dorsey's office that day and went over the statement with Mr. Dorsey. He still denied that he had seen the little girl the day of the murder. He swore to all that the statements contain. That statement

Visible Translated Text Is As Follows: GEORGE EPPS. Re-called for Cross Examination.I was present on Sunday after the murder when a gentlemancame to the house and talked to me and my sister about whenwas the last time we had seen Mary Phagan. He didn't ask me,he asked my sister. I wasn't there, I was in the house. Ididn't hear him ask my sister that.HARRY SCOTT. Re-called for State.It took Jim Conley two or three minutes to write out thenotes that I dictated to him.CROSS EXAMINATION.I knew on Monday that Mrs. White claimed she saw a darkeyat the pencil factory. I

Visible Translated Text Is As Follows: CROSS EXAMINATION.I told the detective about this as soon as I saw one. I never kept it a secret from anybody. I spoke to Mr. Wade Campbell about seeing the darkey. I didn't tell him that I saw the negro as I went up into the factory about 12 o'clock. I didn't tell him that, when I came down the steps the last time, I didn't see anybody.C. W. MANGUM, sworn for the State.I had a conversation with Mr. Frank at the jail about seeing Conley and confronting him. Conley was on the fourth

Visible Translated Text Is As Follows: lounge, sofa, cot or bed in the whole factory. I found twoboxes down in the basement in Clark Woodenware side of olddirty, rotten stuff, too dirty & rotten for a human being torest upon. It's boggy in there. They had on top of them somedirty, filthy, nasty erouse sacks. There is no lounge, bed,sofa or anything of the sort in the metal room. I have neverseen a chair in there. I have never seen any blood under themachine that Barrett claims he found hair on. I never saw anyblood on the place the negro

Visible Translated Text Is As Follows: Saturday afternoon. I would visit the factory everySaturday afternoon between five and sixto find out how the financial was for the week. I foundMr. Frank in his office on every occasion except the one Ihave mentioned above. Mr. Schiff would help him on thefinancial. A few Saturdays I have gone there and Mr. Schiffwas not there. He may have been on his vacation. I here anddischarge all the help. I come in contact with the help ninetyper cent. more than Mr. Frank. Mr. Frank has nothing todo with employing or discharging them. On Saturdays,

Visible Translated Text Is As Follows: He would do this about twice a month. The girls in the packingdepartment did quite some overtime work on Saturday afternoon.RE-DIRECT EXAMINATION.I have made no contribution toward the fund to defendFrank. I don't know anything about Daisy Hopkins' generalcharacter. I don't know who nailed up the door on the ClarkeWooden-ware side. Lots of people have been there all over thefactory. If a body had been slid down the chute, behind thoseboxes, it would have been hidden more than where it was found.The boxes around the chute are piled nearly to the top. Inever noticed

Visible Translated Text Is As Follows: the outer door towards the clock. I could see half of the oiroleon clock #2. I could not see any of the other clock at all. Theclock and desk could not have been moved without my instructions.The paint is scattered all around. It gets all over the placeand we can't prevent it. We never have washed the metal roomfloor since I have been there. We never found any water or bloodwhere it was said the girl's body was found in the metal depart-ment. The view I got from front door on April 26th, into

Visible Translated Text Is As Follows: I always stayed around the factory and looked after seeing that nobody came in or out, unless they had business. I never have seen anybody goose Conley. Sometimes I would kick him to make him go on to his work. The door that leads to the Clark Woodenware place never was locked. It was nailed up when the Clark Woodenware moved out of there. I nailed it up myself. It was open on the Monday after the murder. It lead back to a chute in the rear, and to two water closets on the

Visible Translated Text Is As Follows: Doonvicted he is my negro. I knew about the reward being offered.If I told you that I sometimes left the factory by three o'clockI meant four o'clock. Jim Conley worked regularly at the factoryexcept when he was in the stockade thirty days. Conley regis-tered every morning, but a lots of times he would not register atdinner and sometimes at night. I nailed up the door that leadsinto the Clarke Wooden Ware place on Monday because we never letthat door stand open. Mr. Darley told me to do it. I know itwas not open on

Visible Translated Text Is As Follows: like he tried to hide it from me. I picked it up and looked at it carefully and it looked like he didn't want me to look at it at all. The day before that he went out with a pair of overalls corresponding to this blue shirt that he has, and he said he wanted to carry them to a negro at Bloak's candy factory and he had not had time to have gone to the candy factory before he came back and said that they were taking stock over there and would

Visible Translated Text Is As Follows: BThis man Wilson worked on Saturday afternoon most all the time.Oiled up the motor and cleaned it while the factory was closed.Pride, Harry Denham, Charlie Lee, and Fast usually worked thereon Saturday oiling the machinery after they shut down and dif-ferent things. They were not shut off by any doors fromgoing anywhere they wanted in the factory. They were liable tocome down and around there any time. I have never seen thedoors either to the outer or the inner office of Mr. Frank locked.They have got glass fronts in them that you can see

Visible Translated Text Is As Follows: ASignals from upstairs. I was obliged to have seen them if he hadwatched the door. I sat mainly in the front of the building soto see that nobody came in the building. I do not recall anySaturday afternoon that Frank and Schiff missed except whenSchiff was off on his vacation. I have never seen any of thembring any women in there or take any out. I have never been sickor missed a single Saturday since last year. I would leaveabout 4:30 Saturday afternoon. I have never seen Dalton in thefactory at all. I wouldn't

Here is the extracted text from the image: EXHIBIT HH.Georgia, Fulton County.State of Georgia, In the Superior Court of Fulton County,Vs. Georgia.Leo M. Frank,Before me, an officer authorized under the law of Georgia, to administer oaths, personally appears each of the undersigned persons, personally known to me, who, being duly sworn, depose and say on oath:That they are personally acquainted with Julian A. Lehman; and that said Lehman is a man of the highest personal and moral character, and reputation, and that he is entirely trustworthy, and worthy of belief, as to any statement made by him.W. F. UpshawC. E.

Here is the extracted text from the image: EXHIBIT GG.Georgia, Hancock County.State of Georgia,Vs. In the Superior Court of Fulton County,Leo M. Frank. Georgia.Before me, an officer authorized under the laws of Georgia to administer oaths, personally appears each of the undersigned persons, personally known to me; who, being duly sworn, depose and say on oath:That they are personally acquainted with Jno. W. Holmes, Shi. Gray and S. W. Johnson, and that said Holmes, Gray and Johnson are each men of the highest personal and moral character, and reputation, and that they are each entirely trustworthy, and worthy of belief,

Here is the extracted text from the image: EXHIBIT FF.GEORGIA, WALTON COUNTY.State of Georgia,Vs. In the Superior Court of Fulton County,Leo M. Frank. Georgia.Before me, an officer authorized under the laws of Georgiato administer oaths, personally appears each of the undersignedpersons, personally known to me, who, being duly sworn, deposeand say on oath.That they are personally acquainted with J. J. Nunnally andW. L. Ricker, and that said Nunnally and Ricker are each menof the highest personal and moral character, and reputation, andthat they are each entirely trustworthy, and worthy of belief,as to any statement made by them or each of

Here is the extracted text from the image: THE ATLANTA GEORGIAN AND NEWSJURY THAT CONVICTED FRANK AS SLAYER OF MARY PHAGANJ.T. OSBURN. A.H. HENSLEE. F.W. WINBURN. F. MEDCALF. A.L. WISELY. W.M. JEFFRIES. M. JOHENNING.S.W. WOODWARD. F.V. L. WHITE. D. TOWNSEND. C.J. BOSSHARDT. J.F. HIGDON.DEPUTY HUBER. DEPUTY LIDDELL.

Here is the extracted text from the image: EXHIBIT EE.GEORGIA, FULTON COUNTY.State of Georgia,Vs.In Fulton Superior Court.Leo M. Frank.Personally appeared Leon Harrison, who being duly sworn deposes and says that he makes this affidavit to be used on the motion for new trial in the above case.Further deposing, he says that he is not acquainted with Leo M. Frank, is not related to him, and has never seen him to know him; he says on oath that he is not personally acquainted with A. H. Henslee but he knows that said Henslee is the party about whom he makes this

Here is the extracted text from the image: EXHIBIT DD.GEORGIA, FULTON COUNTYState of Georgia,In the Superior Court of Fulton County, Ga.Leo M. Frank.Before me personally appears Julian A. Lehman, who, being duly sworn deposes and says on oath that he makes this affidavit for use in motion for new trial in above stated case.Further deposing, he says on oath that he reiterates his statement heretofore made under oath that between the time of the murder of Mary Phagan, as reported by the newspapers, and the commencement of the trial of Leo M. Frank, on July 28th, 1913, he on two

Here is the extracted text from the image: EXHIBIT OC.Georgia Walton County.State of Georgia,vs. In the Superior Court of Fulton County, Ga.Leo M. Frank.Before me, an officer authorized under the laws of Ga., to administer oaths, personally appear J. J. Nunnally and W. L. Ricker, of Monroe, Ga., who being duly sworn, depose and say on oath as follows:That they have seen in the public prints that A. H. Henslee, one of the jurors in the Frank case, admits having made certain statements as to Frank's guilt of the murder of Mary Phagan, but says these statements were made after

Here is the extracted text from the image: Franklin Buggy Company, Inc.,Manufacturers of the"Improved Barnesville Buggy",Barnesville, Georgia.When Ship At Once- Ship to Sam Parkas-How Ship............ Albany, Ga.July 8, 1913.Terms: Oct. 1st, 2.50 per cent. discount ifpaid in 30 days from date of invoice;if not discounted in 30 days buyeragrees to give note to cover theaccount net 90 days, from date ofinvoice, note to be made payable toR. R. Barnesville, Ga. All goods F.O. B. Barnesville, Ga. No freightallowance. All notes due after 90days from invoice to bear interest at 8per cent. per annum.Quantity Cnt. Width Body Style Gear Spring Color

Here is the extracted text from the image: GEORGIA, DOUGHERTY COUNTY.State of Georgia, Vs. In the Superior Court of Fulton County, Ga.Leo M. Frank.Before me personally appears Sam Farkas who being duly sworn deposes and says that attached to this affidavit is a carbon copy of an order made by Sam Farkas, of Albany, Ga., to Franklin Buggy Company, Incorporated, of Barnesville, Ga. Said order is marked Exhibit "A" said order was taken by A. H. Henslee, a traveling salesman for said Franklin Buggy Company, in person; said order was taken on the date same bears date, to-wit: on July

Here is the extracted text from the image: GEORGIA, DOUGHERTY county.State of Georgia,Vs. In the Superior Court of Fulton County, Ga.Leo M. Frank.Before me personally appears B. W. Simon who being dulysworn deposes and says that attached to this affidavit is a car-bon copy of an order made by Sam Farkas, of Albany Ga., to Frank-lin, Buggy Company, Incorporated, of Barnesville, Ga.Said order is marked Exhibit "A". Said order was taken byA. H. Henslee, a traveling salesman for said Franklin Buggy Co.in person; said order was taken on the date same bears date,to-wit: on July 8th, 1913.This affidavit is made

Here is the extracted text from the image: EXHIBIT BB.Georgia DOUGHERTYROCKMART COUNTY.State of Georgia, In the Superior Court of Fulton County, Ga.Vs.Leo M. Frank.Before me personally appears Mack Farkas, who being dulysworn deposes and says that attached to his affidavit is a carboncopy of an order made by Sam Farkas, of Albany, Ga., toFranklin Buggy Company, Incorporated, of Barnesville, Ga.Said order is marked Exhibit "A" Said order was taken by A. HHenslee, a traveling salesman for said Franklin Buggy Co.,in person, said order was taken on the date same bears date,to-wit: on July 8th, 1913.This affidavit is made to be

Here is the extracted text from the image: EXHIBIT A.A.GEORGIA, FULTON COUNTY.Personally appeared D. Rosinsky, who on oath deposes and states that on Friday, August 22nd and Saturday August 23, he was standing near the corner of Hunter and South Pryor Street, in the city of Atlanta, Ga., and that when the Solicitor General, H. W. Dorsey, came out of the old City Hall Building, now used as a court house, there was loud and vociferous cheering by the assembled crowd; that members of the crowd took the Solicitor in their arms and carried him across the street to the

Here is the extracted text from the image: Sworn to and subscribed before me,this 26th day of August, 1913.C. A. Stokes, Notary Public Fulton County, Ga.

Here is the extracted text from the image: EXHIBIT 2.GEORGIA, FULTON COUNTY.Personally appeared Charles J. Moore, who on oath says that he is an attorney at law, occupying room 301 on the third floor of the Kaiser Building, at the corner of Hunter and So. Pryor sts., that on Friday, August 22, deponent was in his office and saw the jury come out of the court house entrance at about six P. M. that soon after Mr. Dorsey appeared in the court house entrance and a great cheering and yelling occurred by the crowd immediately opposite the entrance, and afterwards

Here is the extracted text from the image: EXHIBIT Y.The State of Georgia,Vs.Leo M. Frank.Personally appeared B. S. Lipshitz, who on oath says that he was out in front of the Court House, mingling with the crowd, at about one P. M., on Saturday, August 23, immediately after court adjourned; that deponent saw the jury come out and about one or two minutes thereafter, Mr. Dorsey came out, whereupon there was great cheering and yelling by the crowd; that at the time the yelling and cheering took place, the jury could not have been more than one minute's walk away

Here is the extracted text from the image: GEORGIA, FULTON COUNTY.EXHIBIT X.GEORGIA, FULTON COUNTY.Personally appeared John H. Shipp, who on oath says thaton Friday August 23, he was in room 301 of the Kaiser Building,corner Hunter and So. Pryor streets, that he saw the jury come outof the court house about 6 P. M., that a few minutes after thejury came out of the court house, Mr. Dorsey, appeared in theentrance, whereupon a great cheer arose from the people crowdingin the streets and around the court house entrance; that atthat time deponent saw the jury about fifty feet from the

Here is the extracted text from the image: EXHIBIT W.State of Georgia.Vs.Leo M. Frank.Personally appeared Isaac Haas who on oath says that he was standing outside of the court house on Friday afternoon, Aug. 22nd, at about 12.30, and I saw the jury come out of the court room. Soon after the jury came out of the court room, Mr. Dor- sey came out, and the crowd set up cheering and yelling "Hurrah" "Hurrah". At the time of the yelling and cheering the jury was just crossing the street toward the Barber's Supply Co., which is next to the Kiser

Here is the extracted text from the image: State of Georgia, EXHIBIT V.Vs.Leo M. Frank.Personally appeared Marcus Benbenisty, who on oathsays that he was standing outside of the court house on Fridayafternoon, August 23rd, at about 1:30, and I saw the jurycome out of the court room. Soon after the jury came out ofthe court room. Mr. Dorsey came out, and the crowd set up cheer-ing and yelling "Hurrah for Dorsey".At the time of the yelling and cheering the jury was justcrossing the street towards the Barbee Supply Company, whichis next to the Kaiser Building. That in the opinion of

Here is the extracted text from the image: EXHIBIT U.State of Georgia,Vs. Fulton Superior Court.Leo M. Frank.Georgia, Fulton County.Personally appeared before the undersigned a Notary Public in and for said county, E. G. Pureley, who on oath say that he is a president of the City of Atlanta, residing at #30 Ponders Ave., with office at #700 Temple Court.Deponent says that on Friday noon, before the above stated case went to the jury on Monday, he was present in the Court room where the trial of Leo M. Frank has been held; that when court adjourned and the jury had

Here is the extracted text from the image: Solicitor General.H. G. Williams.Sworn to and subscribed to before me,this September 15th, 1913.Robt. C. Patterson,Notary Public, Fulton County, State of Ga.

Here is the extracted text from the image: EXHIBIT T.State of Georgia, Vs. Leo M. Frank,In Fulton Superior Court.State of Georgia,County of Fulton.Personally appeared H. G. Williams, resident of Atlanta, Ga.,who deposes and says that on the day of the Frank trial closed,and verdict of guilty was found by the jury against Leo M. Frankaccused of the murder of Mary Phagan, this Deponent was onSouth Pryor Street in front of the Court House.This Deponent saw Solicitor Dorsey come from the Court Houseand cross the street to the Kiser Building in the presence ofexceeding five hundred (500) people, who cheered hisappearance

Here is the extracted text from the image: they proceeded up Pryor Street. Further deposing he says that onsaid day the jury took dinner at the German Cafe, on SouthPryor Street, a distance of approximately one hundred fifty (150)to two hundred (200) feet from the Bauer Building, and thatboth outside of the Cafe and in the Cafe, the cheering of theSolicitor General could be heard by any person.J. H. CochranSworn to and subscribed to before me,this September 15th, 1915.J. H. Porter, Notary Public, County of Fulton State of Ga.195

Here is the extracted text from the image: EXHIBIT 8.State of Georgia Vs. Leo M. Frank,In Fulton Superior Court.State of Georgia,County of Fulton.Personally appeared J. H. G. Cochran, who being duly sworn deposes and says that he is a resident of Atlanta, Ga., he remembers the close of the trial of Leo M. Frank and was present in front of the Court House in Atlanta, Ga., on the day that the case closed and on the day that the jury returned the verdict of guilty in said case.On the day aforesaid, to-wit: - that the jury returned the verdict, Mr.

Here is the extracted text from the image: EXHIBIT R.State of Georgia, ( ) Superior Court of Fulton CountyVs. ( ) Charged with Murder.Leo Frank. ( )Georgia Fulton county.Personally appeared before the undersigned officer, W. B.Cate, who being duly sworn deposes and says: That on Sept.,let, 1913, in the afternoon, I was standing at the corner ofAlabama Street and S. Pryor Street, and had intended to go downS. Pryor Street to the Court House where the Frank trial wasbeing conducted but was unable to get any closer to theCourt House on account of the crowd that had gathered in thestreet,

Here is the extracted text from the image: EXHIBIT Q.The State of Georgia,Vs.Fulton Superior Court.Leo M. Frank.State of Georgia, Fulton County.Personally appeared Samuel A. Boorstin, who, being duly sworn, on oath says: That on Friday evening, on the 22 day of August, 1913, at about 5 or 5:30 P. M., he was present at the Court room of Fulton Superior Court, Judge L. S. Roan, presiding during the trial of the State Versus Leo M. Frank; and after adjournment, and when the jury had been taken from the courtroom, and shortly thereafter, the Solicitor General Hugh M. Dorsey, had passed

Here is the extracted text from the image: EXHIBIT PThe State of Georgia,Vs.Fulton Superior Court.Leo M. Frank,State of Georgia,County of Fulton.Personally appeared before the undersigned a Notary Public in and for said county, Sampson Kay, who on oath says that he is a resident of the City of Atlanta, living at #264 South Pryor street, Deponent further says that on Saturday evening, August 23rd 1913, about 8 or 8:30 o'clock P. M. he saw the jury in the above entitled case walking along South Pryor Street with a deputy sheriff in front and another walking in the rear of said

Here is the extracted text from the image: EXHIBIT O.The State of Georgia,Vs.Leo M. Frank.Fulton Superior Court.Georgia, Fulton County.Personally appeared before the undersigned a Notary Public in and for said county Miss Martha Kay, who on oath says that she is a Resident of the City of Atlanta, living at 264 S. Pryor street, Deponent says that on Monday morning August 28th 1913, the last day of the trial of the said Leo M. Frank, in the above stated case, she was present in the court room in company with Mrs. A. Shurman of 240 Central Ave., before time for

Here is the extracted text from the image: EXHIBIT N.The State of Georgia,Vs.Leo M. Frank.Fulton Superior Court.GEORGIA, FULTON COUNTY.Personally appeared before the undersigned a Notary Public in and for said county Mrs. A. Shurman, who on oath says that she is a resident of the City of Atlanta, living at #240 Central Ave., Deponent says that on Monday morning, August 25th, 1913, the last day of the trial of the said Leo M. Frank in the above stated cause, she was present in the court room in company with Miss Martha Kay of #264 S. Pryor Street, before time for

Here is the extracted text from the image: EXHIBIT W.The State of Georgia, Vs. Fulton Superior Court.Leo M. Frank.GEORGIA, FULTON COUNTY.Personally appeared before the undersigned a Notary Public in and for said county, Mrs. A. Shurman, who on oath says that on the last day of the trial of Leo M. Frank in above stated case, August 25th, 1913, she was present in the court room and when the audience applauded Judge Roan stated to the sheriff that the cheering and demonstrations would have to stop or the court room would have to be cleared, to which the sheriff replied

Here is the extracted text from the image: EXHIBIT-L.The State of Georgia,Vs.Fulton Superior Court.Leo M. Frank.Georgia, Fulton County.Personally appeared before the undersigned a Notary Public in and for said county Miss Martha Kay, who on oath says that on the last day of the trial of Leo M. Frank, in above stated case, August 25th, 1913, she was present in the court room and when the audience applauded, Judge Roan stated to the sheriff that the cheering and demonstration would have to be stopped or the court room would have to be cleared, to which the sheriff replied "Your Honor,

Here is the extracted text from the image: EXHIBIT K.The State of Georgia, Fulton Superior Court.Vs. Leo M. Frank. GEORGIA, FULTON COUNTY.Personally appeared before the undersigned a Notary Public in and for said county, B. W. Kay, who on oath says that he is a resident of the City of Atlanta, living at #364 S. Pryor St. Deponent says further that on Saturday evening, August 23rd, 1913 about 8 or 8:30 o'clock P. M. he was driving on his father's automobile down South Pryor Street, going south, there being in the automobile with him his mother Mrs. Rose Kay, and

Here is the extracted text from the image: heard Plennie Minor repeat to him that he, Plennie Minor, saw him the man, speak to the juror.Deponent further says that on two occasions, while he was sitting in the court room at the trial, at on time while he was about six to ten feet from the jury, this deponent heard shouts and cheering on the outside of the house from the crowds collected outside. One of said times were during Dorsey's speech.While this deponent does not say whether or not the jury heard this cheering, he does say that he,

Here is the extracted text from the image: GEORGIA, FULTON COUNTY.EXHIBIT J.State of Georgia, ( ) No. ......Vs. ( ) Fulton Superior Court.Leo M. Frank, ( )Personally appeared W. P. Feill who makes this affidavit to be used on a motion for new trial in the above stated case.Deposing he says on oath that he was present in the court room during the trial of Leo M. Frank, for the murder of Mary Phagan, for two full days during the trial and from time to time on other days; that at the time of the facts hereinafter stated, deponent was

Here is the extracted text from the image: said facts were discovered after the verdict and sentence of thecourt in the case above stated, and the affidavits of saidwitnesses were taken on the dates shown in the jurat to eachaffidavit, and the same are brought to the attention of thecourt by being presented on the day for the return of the rulenisi, which is October 4th, 1913, and which is the earliesttime at which such affidavits could be brought to the attentionof the court.Affiant further says that had he known at the trial of anyfacts or statements which would disqualify,

Here is the extracted text from the image: EXHIBIT-I.State of Georgia,Vs.Leo M. Frank(1.) In Fulton Superior Court(2.) Conviction of Murder(3.) July Term, 1913.(4.) Motion for New Trial.GEORGIA, FULTON COUNTY.Personally came before the undersigned, Leo M. Frank, who upon oath says that he is the defendant in the above stated case, and that his sole counsel in said case were L. Z. Rosser, Morris Brandon, R. R. Arnold and H. J. Haas.Affiant further says that at and before said trial was entered on, and during the whole of said trial that affiant had no knowledge whatsoever as to M. Johenning and

Here is the extracted text from the image: EXHIBIT H.GEORGIA, FULTON COUNTY.State of Georgia, Fulton Superior Court.Vs.Leo M. Frank.Before me personally appeared Miss Miriam Loevenhart,who makes this affidavit to be used on motion for a new trialin the above stated case.Deposing on oath she says that she is personally acquaintedwith M. Johenning, a juror, who sat on the above statedcase; she says that prior to the trial of Leo M. Frank, saidjuror, M. Johenning, had a conversation with this deponentand deponent's mother, and in their presence expressed hisprofound conviction that Leo M. Frank was certainly guilty ofthe murder of Mary

Here is the extracted text from the image: EXHIBIT-G.GEORGIA, FULTON COUNTY.State of Georgia,Vs.Fulton Superior Court.Leo M. Frank,Before me personally appeared H. C. Loevenhart, who makes this affidavit to be used on motion for a new trial in the above stated case.Deposing on oath he says that for some eighteen months prior to July 1913 he was connected with the Hodgee Broom Works in the City of Atlanta; that he is personally acquainted with M. Johenning one of the jurors in the above stated case, and that during the month of May 1913 said M. Johenning had a conversation with this

Here is the extracted text from the image: EXHIBIT F.GEORGIA, FULTON COUNTYState of Georgia,Vs.Fulton Superior Court.Leo M. Frank.Personally appeared Mrs. Jennie G. Loewenhart, who makes this affidavit to be used on motion for a new trial in the above stated case.Deposing on oath she says that she is personally acquainted with M. Johenning, one of the jurors who served in the trial of Leo M. Frank, for murder of Mary Phagan.Further deposing she says that during May 1913, said M. Johenning met deponent and deponent's daughter on Forsyth Street Atlanta, Georgia, and then and there the said M. Johenning expressed

Here is the extracted text from the image: EXHIBIT F.GEORGIA, FULTON COUNTYState of Georgia,Vs.Fulton Superior Court.Leo M. Frank.Personally appeared Mrs. Jennie G. Loevenhart, who makes this affidavit to be used on motion for a new trial in the above stated case.Deposing on oath she says that she is personally acquainted with W. Johenning, one of the jurors who served in the trial of Leo M. Frank, for murder of Mary Phagan.Further deposing she says that during May 1913, said W. Johenning met deponent and deponent's daughter on Forsyth Street, Atlanta, Georgia, and then and there the said W. Johenning expressed

Here is the extracted text from the image: obtaining the facts in connection with statements made by saidpersons, and all of them, and all of said statements have cometo their knowledge since the rendition of the verdict andsentence in said case, as is shown by the dates mentioned in thejurats to each affidavit, and deponents have brought same to theattention of the Court at the earliest possible moment atwhich the Court could take cognizance of said affidavits afterthe trial, which is the date on which the rule ni si is onreturn; that is, October 4, 1913, same being on that

Here is the extracted text from the image: EXHIBIT E.STATE OF GEORGIA,COUNTY OF FULTON.State of Georgia,Fulton Superior Court.VS.Leo M. Frank.Before me personally appear L. Z. Rosser, Morris Brandon, R.R. Arnold and H. J. Haas, who, being duly sworn, deposes andsays that they are the sole counsel of defendant in the abovecase, and they make this affidavit to be used as evidence on themotion for new trial in said case.Further deposing they say that, since the trial of said caseand the verdict and sentence therein, it has come to theirknowledge that two of the jurors who sat on said case, to-witA.

Here is the extracted text from the image: EXHIBIT D.STATE OF GEORGIA,COUNTY OF FULTON,State of Georgia, In Fulton Superior Court.Vs.Leo M. Frank.Before me, the undersigned officer authorized by law to administer oaths, personally appeared Samuel Aron, who being first duly sworn, deposes and says on oath as follows:Deponent says that just after the indictment of Leo M. Frank for murder, as near as he can recall about two days after the indictment, this deponent was at the Elks Club on Ellis Street, Atlanta, Georgia, that at that time he saw one A. H. Henslee, not then known to this deponent

Here is the extracted text from the image: EXHIBIT C.GEORGIA, FULTON COUNTY.State of Georgia, ( ) Fulton Superior Court.Vs.Leo M. Frank.Personally appears Julian A. Lehman, who being duly sworn makes this affidavit to be used on the motion for new trial in the above case.Further deposing he says that he is personally acquainted with A. H. Henslee, one of the jurors in the above case; that on June 2, 1913, between Atlanta, Ga., and Experiment, Ga., the said Henslee expressed his opinion that Frank was guilty of the murder of Mary Phagan, and that this was in deponent's presence and

Here is the extracted text from the image: GEORGIA,DOUGHERTY COUNTY.EXHIBIT B.STATE OF GEORGIA,(1) - Indictment For Murder.Vs.Leo M. Frank.(2) - In superior Court Fulton County(3) - Georgia, Motion for New trialBefore me, personally appeared Vack Farkas, who being duly sworn makes this affidavit, to be used on the motion for a new trial in the above case.Deposing, he says that he is a resident of Albany, Ga., and is connected with Sam Farkas, Esq., who runs a livery stable and sale barn in Albany; further deposing he said that between the time of the murder of Mary Phagan, and the

Here is the extracted text from the image: EXHIBIT A.GEORGIA,DOUGHERTY COUNTY.The State of Georgia, (1) Indictment for Murder.Vs. (1) In Superior Court, Fulton CountyLeo M. Frank. (1) Georgia, Motion for New Trial.Before me personally appeared R. L. Gremmer, who being duly sworn deposes and says that he makes this affidavit to be used on the motion for new trial in the above case.Further deposing he says that he is a resident of Albany, Ga., that he is acquainted with Mack Farkas, who works with Mr. Sam Farkas, who operates a livery stable and sale barn in Albany.Further deposing, he says

Here is the extracted text from the image: ommitted in the progress of any such attempt to commit sodomy,would be an accomplice; and the jury could not give creditto his testimony, unless corroborated by the facts and circumstances, or by another witness.Rouser and Braden,Herbert J. Haas,Reuben R. Arnold,Voyanta Attorneys

Here is the extracted text from the image:---"The Court: On motion of State's counsel, consented to by Conley's attorney, I passed the first order, that's my recollection Afterwards, it came up on motion of the Solicitor General, I vacated both orders, committing him to the jail and also the order, don't you understand, transferring him; that left it as though I had never made an order, that's the effect of it."Mr. Rosser: Then the effect was that there was no order out at all?""The Court: No order putting him anywhere" - "Mr. Rosser: Which had the effect of putting him

Here is the extracted text from the image: because of the following:The Solicitor General in his concluding argument, in referring to act of Judge Roan, discharging the witness, Conley, from custody, stated:"Judge Roan did it, no reflection on the Sheriff, but with the friends of this man Frank, pouring in there at all hours of the night, offering him sandwiches and whiskey and threatening his life, things that this Sheriff, who is as good as the Chief of Police but no better, couldn't guard against because of the physical structure of the jail, Jim Conley asked, and His Honor granted

Here is the extracted text from the image: The Court: Well, I want to try it right, and I suppose you do.Is there anything to authorize that inference to be drawn?" Mr. Dorsey: Why, sure, why the fact that you went outand got general practitioners, that know nothing about the analysisof the stomach, know nothing about pathology.""The Court, Go on, then""Mr. Dorsey: I thought so."" Mr. Arnold: Does Your Honor hold that is proper, I thoughtso?""The Court: I hold that he can draw any inference legitimatelyfrom the testimony and argue it; I don't know whether or notthere is anything to

Here is the extracted text from the image: and decisive ruling, upon the objection of the defendant, and inallowing the Solicitor General to proceed with said claim thatFrank had the key in his pocket, as a deduction, the same beingtotally unwarranted; and for said illegal and erroneous actionsand failure to act, by the Court, and for said illegal and im-proper argument, a new trial should be granted.101. Movant says that a new trial should be granted, becauseof the following:The Solicitor General, in his concluding argument, in referringto the testimony of the physicians introduced by the defendant,spoke as follows:"It wouldn't surprise

Here is the extracted text from the image: morning, and that isn't the evidence, there's not a line to thateffect.""The Court: Do you still insist that he had it in hispocket?""Mr. Dorsey: I don't care anything about that; the point ofthe proposition, the gist of the proposition, the force of theproposition is that old Holloway stated, way back yonder in May,when I interviewed him, that the key was always in Frank's office;this man told you that the power box and the elevator wasunlocked Sunday morning, and the elevator started without any-body going and getting the key.""Mr. Rosser: That's not the

Here is the extracted text from the image:---Solicitor General to proceed with his illegal argument which was not founded on the evidence, and erred and in not rebuking the Solicitor General, and in not stating to the jury that the Solicitor General had mis-stated the evidence in the particulars objected to, and erred in not telling the jury that there was no evidence in the case that Rogers had sworn that defendant did not look at the body of Mary Phagan or that Frank went in another room and because of the aforesaid errorous acting and failing to act, on

Here is the extracted text from the image: Mr. Dorsey: That's quibbling".Mr. Arnold: Is that correct, Your Honor?""The Court: No, that's not correct; whenever they object, Mr.Dorsey, if you don't agree upon the record, have it looked up,and if they are right and you know it, and - you are wrong, or ifthey are wrong and you also know it, if they are wrong theyare quibbling, and if they are right they are not quibbling. Now,just go on"."Mr. Rosser: Now, the question of whether Boots said hewent into that room is now easily settled", Mr. Rosser here readthat portion of

Here is the extracted text from the image: at it. Black says he didn't see him look at it", Whereupon the following occurred:" Mr. Rosser, He is misstating the evidence. Rogers neversaid he didn't look at the body, he said he was behind him,and didn't know whether he did or not, and Black says he didn'tknow whether he did or not."" Mr. Dorsey: Rogers said he never did look at that body"." Mr. Arnold: I think that isn't the evidence. Rogerssaid he didn't know, and couldn't answer whether he saw it or notand Black said the same thing".Mr. Dorsey (resuming)

Here is the extracted text from the image: the record, you have the right to do that".Mr. Dorsey (resuming): "This man Frank, with Anglo-Saxon bloodin his veins, a graduate of Cornell, the superintendent of thepencil factory, so anxious to ferret out this murder that he'phoned Schiff three times on Monday, April 28th, to employ thePinkerton Detective Agency, this man of Anglo-Saxon blood andintelligence, refused to meet this ignorant negro, Jim Conley.He refused upon the flimsy pretext that his counsel was out oftown but when his counsel returned, when he had the opportunityto know at least something of the accusations that

Here is the extracted text from the image: "The Court: You can comment upon the fact that he refused to meet Frank or Frank refused to meet him, and at the time he did it, he was out of the City"."Mr. Arnold: We did object to that evidence, Your Honor, but Your Honor let that in"."The Court: I know, go on".Mr. Dorsey: (resuming): "They see the force of it"--"Mr. Rosser: Is that a fair comment, Your Honor, if I make a reasonable objection, to say that we see the force of it?""The Court: I don't think that, in reply to

Here is the extracted text from the image: I'm going to confront him, even before any attorney, nomatter who he is, returns from Tallulah Falls, and if not then,I tell you just as soon as that attorney does return, I'm goingto see that that negro is brought into his presence, and permit-ted to set forth his accusations. You make much here of thefact that you didn't know what this man Conley was going to saywhen he got on the stand. You could have known it, but you darednot do it."Whereupon the following colloquy ensued:"Mr. Rosser: May it please the Court,

Here is the extracted text from the image: Mr. Dorsey: You've had your speech"."Mr. Rosser: And we never had any such dirty speech as that either"."Mr. Dorsey: I object to his remark, Your Honor, I have a right to argue this case.""Mr. Rosser: I said that remark he made about Mr. Arnold, and Your Honor said it was correct; I'm not criticising his speech I don't care about that."Mr. Dorsey (resuming): "Frank said that his wife never went back there because she was afraid that the snapshooters would get her picture,-because she didn't want to go through the line of

Here is the extracted text from the image: the solicitor general from making the erroneous statements offact objected to-by the defendant's counsel which the evidencedid not authorize, and in permitting him to proceed, and in notrebuking the Solicitor General, and in not stating to the jurythat there was no such evidence as the Solicitor General hadstated, in the case, and defendant says that for this improperargument, and for this failure of the Court, there should begranted a new trial.97. Movant further says that a new trial should be grantedbecause of the following:In his concluding argument Solicitor General Dorsey, referringto the

Here is the extracted text from the image: 91002241"Mr. Dorsey, I was arguing to the jury the evidence.""The Court: Did you make a statement to that effect?""Mr. Dorsey, I made a statement that those two young ladiessay they met Holloway as he left the factory at 11:05—I make thestatements that as soon as they track down to that Greekcafe, Quinn came in and said to them, 'I have just been in andseen Mr. Frank'.""Mr. Arnold: They never said that, they said they met Hollo-way at 11:45, they said at the Busy Bee cafe, but they met Quinnat 12:30""Mr. Dorsey, Well,

Here is the extracted text from the image: killed his wife because of infatuation for another woman, and put her remains away where he thought as this man thought, that it would never be discovered but murder will out, and he was discovered, and he was tried, and he said at said to the glory of old England, he was executed."96. Voyant further says that a new trial should be granted, because of the following ground:The Solicitor General, in his concluding argument, spoke to the jury as follows:"But to crown it all, in this table which is now turned to

Here is the extracted text from the image: crimes, but a man of high intellect and wonderful endowmentswhich, if directed in the right line, bring honor and glory ifthose same faculties and talents are perverted and not controlled,as was the case with this man, they will carry him down. Look atVdue, the mayor of Charlottesville, a man of such reputationthat the people elevated him to the head of that municipality; butnotwithstanding that good reputation, he did not have rock bed cha-racter, and becoming tired of his wife, he shot her in thebath tub, and the jury of gallant and noble

Here is the extracted text from the image: he sued the Marquis for damages, which brought retaliation onthe part of the Marquis for criminal practices on the partof Wilde, this intellectual giant and when the Englishlanguage is read, the effrontery, the boldness, the coolness ofthis man, Oscar Wilde, as he stood the cross examination of theablest lawyers of England -- an effrontery that is characteristicof the man of his type, that examination will remain the subjectmatter of study for lawyers and for people who are interestedin the type of pervert like this man. Not even Oscar Wilde'swife, for he was

Here is the extracted text from the image: written, and that a new trial should be granted because theargument was illegal, unwarranted, not sustained by the evidence,and tended to inflame and unduly prejudice the jury's mind.Neither the letter from Piokett nor the telegram was read furtherthan is shown in the foregoing statement.93. Movant says that a new trial should be granted becauseof the following grounds:The Solicitor General having, in his concluding argument,made the various statements of fact about the Durant case, asshown in the preceding ground of this motion, the Judge erredin failing to charge the jury as follows, to-wit:The

Here is the extracted text from the image: Mr. Arnold: Certainly he can, as a matter of public notoriety, but not as a matter of individual information or opinion"."The Court: You can state, Mr. Dorsey, to the jury, your information about the Durant case, to-wit, he did, but you can't read anything - don't introduce any evidence".Mr. Dorsey (resuming) "My information is that nobody has ever confessed the murder of Blanche Lamont and Minnie Williams. But, gentlemen of the jury, as I'll show you by reading this book, it was proved at the trial, and there can be no question

Here is the extracted text from the image: - 000230 -" Mr. Dorsey: Mr. Arnold brought this in, and I telegraphedto San Francisco, and I want to read this telegram to the jury;can't I do it?""Mr. Arnold: If the Court please, I want to object to anyparticular letter or telegram, I can telegraph and get myinformation as well as he can. I don't know whether the infor-mation is true, I don't know who he telegraphed about it; I havegot a right to argue a matter that appears in the public printsand that's all I argued,-what appears in the papers,- it

Here is the extracted text from the image: jury had the right to consider, and that is as to whether, even though they did not believe his plea of not guilty the truth, still if they had a reasonable doubt in their minds of his guilt they should acquit him.98. (qqqq) Movant further says that a new trial should be gr anted, because of the following:Mr. Dorsey, the solicitor general, in the concluding argument, made the following statement:"Now, gentlemen, ( addressing the jury) Mr. Arnold spoke to you about the Durant case. That case is a celebrated case; it was

Here is the extracted text from the image: about Frank?A. No sir, I don't know her.Q. Did you ever hear C. D. Duncan, talk about Frank?A. No sir.Q. You never heard any of these factory people talk about him?A. No sir.The Court erred in permitting the Solicitor, although the witness denied hearing all of the remarks referred to, to say in the presence of the jury that he was not four-flushing, but that he was going to bring the witnesses there, thereby improperly saying to the jury that he had such witnesses and meant to bring them in.The Court erred

Here is the extracted text from the image: Q: You never heard of that at all?A: I never heard that. I had been in Mr. Frank's---Q: You never talked to Tom Blackstock, then, did you?A: I haven't the pleasure of Mr. Blackstock's acquaintance.Q: Did you ever know Mrs. L. D.Coursey?A: I can't say that I ever heard of her.Q: Miss Myrtle Cato, you never heard of her, and that he wouldgo into the---A: Mr. Dorsey, I have been down thereQ: By the Court: He wants to know if you ever heard of thatbefore.Q: He made no apology and no explanation,

Here is the extracted text from the image: English Avenue car was ahead of time as much as four minutes, onother days did not indicate that it was ahead of time on theday of the murder.90. (kkkk). Because of the following colloquy which occurredduring the trial and while the witness, John Ashley Jones,was on the stand, during the cross examination of Jones by theSolicitor:Q. You never heard anybody down there say anything about Mr.Frank's practices and relations with the girls.A. Not in the Pencil Factory.Q. Not at all? You never did talk to any of these young girls,did you?A. No,

Here is the extracted text from the image: became material to determine what time this English Ave., carreached Broad Street on the day of the murder. The motorman Mat-thews and the conductor, swore that on that day the EnglishAve., car reached Broad Street at 12:07. The Court permittedthis and other like testimony to be introduced tending todiscredit their statements that the car was on schedule timethat day. In doing this the Court erred, for the fact thatthe English Ave., car was ahead of time as much as fourminutes on other days did not indicate that it was ahead of timeon

Here is the extracted text from the image: The Court admitted the above questions and answers, over the objection of the defendant as above stated, and thereby erred, for the reasons stated.87 (hhhh). Because the Court over the objection of the defendant, made at the time the evidence was offered, that the same was immaterial, incompetent, illegal and prejudicial to the defendant, permitted the solicitor general to ask the following questions, and the witness, Miss Estelle Winkle, to make the following answers:Q. Are you acquainted with his (Frank's) general character for lasciviousness, that is, his relations with girls and women?A.

Here is the extracted text from the image: 84. (eeeo) Because the Court, over the objection of the defendant, made at the time the evidence was offered, that the same was immaterial, incompetent, illegal and prejudicial to the defendant, permitted the solicitor general to ask the following questions, and the witness, Miss Nellie Potts, to make the following answers:Q. Are you acquainted with his (Frank's) general character for lasciviousness; that is, with women prior to that time?A. Yes sir.Q. Is it good or bad? A. Bad.The Court admitted the above questions and answers, over objection of the defendant as above

Here is the extracted text from the image: for lasciviousness; that is, his relations towards women?A. Yes sir.Q. Is it good or bad?A. Bad.The Court admitted the above question and answers, over objection of the defendant as above stated, and thereby erred, for the reasons stated.82. (ggg) Because the Court over objection of the defendant, made at the time the evidence was offered, that the same was immaterial, incompetent, illegal and prejudicial to the defendant permitted the Solicitor General to ask the following questions, and the witness, Mrs. H. P. Johnson, to make the following answers:Q. Now, are you acquainted

Here is the extracted text from the image: (a). This so-called experiment made with Conley was solely an endeavor on their part to justify his story;(b). The sayings and actings-of Conley, as aforesaid, not under oath, had and made without cross examination, and reported by the witness to the court, the net result of which is a repetition of Conley's statement, without the sanction of an oath.(c). That Conley went to the factory immediately after making his last affidavit, that that last affidavit is not the way he tells the story on the stand; that he tells it wholly differently

Here is the extracted text from the image: two desks (indicating); that Mr. Frank sat down in the chair at that desk, and he told him to sit at the other desk, and Mr. Frank told him to write some notes; he was asked by some of the officers to write what Mr. Frank told him to write, and he sat down there and wrote one note, and I believe---I know the note he wrote, and I don't know whether he wrote one or two and that Mr. Frank handed him some money and that later he took it back,

Here is the extracted text from the image: said he said he went back, and he did go back, led us back, and told about taking up the body, how he brought it up on his shoulder, and then, in front of a little kind of impression on the wall, he said he dropped it, and he indicated the place, and then he come up and told Mr. Frank about it—that he would have to come and help him or something like that—and that Mr. Frank came back and took the feet. I believe he said, and he took the

Here is the extracted text from the image: incidents at the Pencil Factory, wherein Conley, after having madethe third affidavit, purported to re-enact the occurrence of themurder between himself and Frank, wherein the body of Mary Phaganwas taken from the office floor to the cellar of the factory,the testimony permitted by the Court being substantially as follows:"I will have to give you the time of Conley's arrival at theFactory approximately. I was up there at twelve o'clock, and Iwas a few minutes late. Conley had not arrived there then. Wewaited until they brought him there, which was probably ten orfifteen

Here is the extracted text from the image: she had them on a stool, I believe. She was dressed. I don'tremember how her dress was; I didn't look. I paid no attention tohim, only he just walked in and turned and walked out; looked atthe girls that were sitting in the window and walked out. Therewas something said about this, but I don't remember. I have heardsomething about him going in the room and staring at them, but Idon't remember exactly. Mr. Frank walked in the dressing room onMiss Mamie Kitchens. She and I were in there. I have heard

Here is the extracted text from the image: such transaction, Mary Phagan met her death, then Conleywould be an accomplice of Frank, although he had no personal partin her killing.The Court, under proper instructions, ought to have left itto the jury to say whether Conley was or not an accomplice ofFrank; and, in failing to do, and because he failed to do so theCourt committed error.77. The Court erred in not charging the jury that if, underinstructions given them, they found that Conley was an accompliceof Frank, they could not convict Frank under the testimony ofConley alone; but that, to

Here is the extracted text from the image: When it was announced that the jury had agreed upon a verdictcrowds had thronged the court room to such an extent that the Courtfelt bound to clear the court room before receiving the verdict.This the Court did. But, when the verdict of the jury was rendered, a large crowd had thronged the outside of the court house;some one signaled to the outside what the verdict was, and the crowdon the outside raised mighty shouts of approval. So great was theshouting and applause on the outside that the Court had somedifficulty in hearing

Here is the extracted text from the image: solicitor, and the crowd laughed at him, and Mr. Arnold appealed to the court.On Saturday, prior to the rendition of the verdict on Monday, the Court was considering whether or not he should go on with the trial during Saturday evening, or what hour he should extend it in the evening, the excitement in and without the court room was so apparent as to cause apprehension in the mind of the Court as to whether he could safely continue the trial during Saturday afternoon; and, in making up his mind about the

Here is the extracted text from the image: 74. Because the juror Johenning was not a fair and impartialjuror, in that he had a fixed opinion that the defendant wasguilty prior to, and at, the time he was taken on the jury andwas not a fair and impartial and unbiased juror. Affidavits showingthat he was not a fair and impartial juror are hereto attached andmarked Exhibits E, F, G, and I, and made a part of this motionfor new trial.The opinion, conduct and state of mind of this juror priorto, and at the time of, his selection as a juror

Here is the extracted text from the image: in arguing the relative value of the expert testimony delivered bthe physicians called for the State and defense, to intimatethat the defense, in calling its physicians had been influencedby the the fact that certain physicians called were the familyphysicians of some of the jurors. In discussing it, the solici-tor said: "It would not surprise me if these able, astutegentlemen, vigilant as they have shown themselves to be, didnot go out and get some doctors who have been the family phy-sicians, who are well known to some of the members of thisjury, for

Here is the extracted text from the image: need not-in similar instances be repeated, but that the Courtwould assume that similar objections had been made and overruled.This argument of the Solicitor was not only illegal, but prej-udicial to the defendant, in that he, in substance, urged uponthe jury that a cross examination of female witnesses for theState, who testified to Frank's bad character for lasciviousness,would, upon cross examination, have testified as to specific actsof immorality against him.71. (rr). Because the Court permitted the Solicitor, over theobjection of defendant's counsel, to argue before the jurythat the wife of the defendant did

Here is the extracted text from the image: in so doing, committed error, for which a new trial should begranted.70 (qqq) Because the Solicitor General, in his argument tothe jury, stated, as follows: "The conduct of counsel in thiscase, as I stated, in refusing to cross examine these twentyyoung ladies, refutes effectively and absolutely that he hada good character. As I said, if this man had had a good character,no power on earth could have kept him and his counsel from askingwhere those girls got their information, and why it was they saidthat this defendant was a man of bad

Here is the extracted text from the image: I don't remember how much she paid me, and the next week theypaid me $3.50 and the next week they paid me $6.50, and thenext week they paid me $4. and the next week they paid me $4.One week, I don't remember which one, Mrs. Selig gave me $5, butit wasn't for my work, and they didn't tell me what it was for,she just said "Here is $5, Minola."The Court permitted this part of the affidavit to be read tothe jury over the objections above stated, and in doing so erredfor the

Here is the extracted text from the image: poll of the jury, which was then in progress, and notfinished. Indeed, so great was the noise and confusion withoutthat the Court heard the responses of the jurors during thepolling with some difficulty. The court was about 15 feet fromthe jury. In the court room was the jury, lawyers, newspaper men,and officers of the court, and among them there was no disorder.The polling of the jury is an important part of the trial. Itis inconceivable that any juror, even if the verdict was not hisown, to announce that it was not, in

Here is the extracted text from the image: attending court was such as to inevitably affect the jury.The exhibits hereto attached marked J to AA inclusive are made a part of this ground.66. Because the fair and impartial trial guaranteed him by the constitution of this State was not accorded the defendant for the following reasons:The court room wherein this trial was had was situated at the corner of Hunter and Pryor streets. There are a number of windows on the Pryor street side looking out upon the street and furnishing easy access to any noises that would occur upon

Here is the extracted text from the image: Dorsey."(f). On the last day of the trial, Monday, August 25th, 1913a large crowd, including many women, had assembled in thecourt room before court opened, taking up every seat in thecourt room. The jury were in their room about 20 feet from thecourt room, and as Mr. Dorsey entered the room, the crowdapplauded loudly by clapping of hands and stamping of feet,which the jury perhaps could have heard. The court did nothingbut admonish the people that if the applause was repeated, hewould clear the court room.(g). On Monday the last day of

Here is the extracted text from the image: (Referring to questions asked by the Solicitor General).Mr. Arnold: He is asking how long it took to do all this work connected with it. (Referring to work done by Frank the day of the murder.)The Court: Well, he knows what he is asking him. (Referring to the Solicitor General.)Upon this suggestion of the court that the solicitor knew what he was doing, the spectators in the court room applauded by striking their hands together and by the striking of feet upon the floor, creating quite a demonstration Defendant's counsel complained of the

Here is the extracted text from the image: facts, movant contends, olearly show that the defendant was nothaving a fair trial by reason of the great excitement of thecrowd. The court room was in an exceedingly small building, onthe ground floor, and was crowded during the trial, and defendant contends that this prejudice and animosity of thecrowd against him, as shown by the frequent applause, necessarilyreached the jury box and prevented him from having a fair trial.As permitted by the Court, in his order just aforesaid, weattach hereto in support of this motion for new trial the affida-vits hereto attached,

Here is the extracted text from the image: love for my friend to meet all the approbation that he may getfrom the public, I did think that it was an outrage, the cryingand shouting; that is what I thought. If the juror were whereMr. Deavours said they were, they could hear no trouble abouthearing it, if they had good ordinary hearing. On Friday Iwas in the court room when I heard most of the crying, I do notknow where the jury was then.Charles F. Huber, testified. I was in charge of the jury whenthey left the court room Friday afternoon.

Here is the extracted text from the image: they were about 100 feet from the court house, entering theCafe. That he heard the applause but did not hear the crowdhollo "Hurrah for Dorsey; he heard the holloing and cheeringand the 'jury could have heard what he did. That the applause heheard was outside of the Cafe, he did not hear the cheering fromthe inside of the Cafe. That he did not remember how many peoplecame up in front of the Cafe. No one came in the Cafe into theroom where the jury was, that is in the room in the

Here is the extracted text from the image:---The court admonished the people that if the applause was repeated, he would clear the court room.Now, we move upon those facts, which tend to coerce and intimidate and unduly influence this jury, that the court here and now declare a mistrial, and we stand ready to prove each and every fact there and we offer to prove them. Now, if your Honor will take cognizance of those facts as stated, then, of course it will dispense with proof. If your Honor does not take cognizance of them, we are ready to prove

Here is the extracted text from the image: and I wish the stenographer to take it down, and we propose toprove every fact stated in the motion unless the Court willstate that he knows the facts and will take cognizance of themwithout proof.First, that counsel requested before this trial began thatthe court room he cleared of spectators.Second, when the Court declined to rule out the evidence asto the other alleged transactions with women, by Jim Conley,the audience in the court room, who occupied nearly every seat,showed applause by the clapping of hands and stamping of feetand shouting in the presence

Here is the extracted text from the image: this is sufficient to acquit him and it is not necessary that heshould go further in his proof and exclude every possible idea ofhis guilt. No such burden is upon the defendant.This request was submitted in writing and was handed to thecourt before the jury had retired to consider of their verdictand before the court began his charge to the jury.This request was a legal and pertinent one, particularly adjustedto the facts of the case and should have been given, and thecourt in declining to give it committed error, although the gen-eral

Here is the extracted text from the image: Court before the jury had retired to consider of their verdict andbefore the Court began his charge to the jury.This request was a legal and pertinent one, particularlyadjusted to the facts of the case and should have been given, andthe Court in declining to give it committed error, although thegeneral principle involved might have been given in the originalcharge.51. Because the Court refused to give the following pertinentlegal charge in the language requested:"If the jury believe from the evidence that the theory orhypothesis that James Conley may have committed this crimeis just

Here is the extracted text from the image: " I know Miss Rebecca Carson, I have seen her go twice into theprivate ladies dressing room with Leo M. Frank."The Court permitted this testimony over the objection of thedefendant made as is aforesaid and in doing so committed error.The Court stated that this evidence was admitted to dispute thewitness they had called.It was wholly immaterial to the issues involved in this casewhether Frank did or did not go into a private dressing roomwith Miss Carson. It did, however, prejudice the jury as indicat-ing Frank's immorality with reference to women.59. Because the

Here is the extracted text from the image: Myrtle Cato, Mrs. C. D. Donegan, Mrs. H. R. Johnson, Miss MarieKaret, Miss Nellie Pettie, Miss Mary Davis, Mrs. Mary E.Place, Miss Carrie Smith and Miss Estelle Winkle to testifythat they were acquainted with the general character of LeoM. Frank prior to April 26, 1913, with reference to lasciviousnessand his relations to women and girls and that it was bad.The Court admitted this evidence over the objections abovestated, and in doing so erred for the reason herein stated.In determining general character in cases of murder, lascivious-ness or misconduct with women is not

Here is the extracted text from the image: three weeks and the fact that the clocks were not keeping accuratetime three weeks before the trial was immaterial, and the evidencethereon tended to mislead and confuse the jury. Gantt did notwork at the factory during the three weeks just prior to thecrime, and his testimony as to the clocks related to the time hedid work at the factory.54. Because the Court permitted the witness Scott to testifyin behalf of his Agency, over the objection of the defendant,that the same was irrelevant, immaterial and incompetent, sub-stantially as follows:"I got hold of the

Here is the extracted text from the image: Fair Street car, which is due at 12:05 at the junction of Marietta and Broad Sts., the Fair street car would be on its schedule. I have compared my watch with Mathis' watch prior to April 26th. There was at times a difference of from 20 to 35 or 40 seconds. We are both supposed to carry the right time. When I compared my watch with Mathis' I suspect mine was correct, as I just had left it the day I looked at Mathis' watch, and mine was 20 seconds difference and

Here is the extracted text from the image: the hour and the Cooper Street car is due seven minutes afterthe hour. In order for the English Ave. car to cut off theWhite City car, the Cooper Street car would have to be ahead oftime, that is the English Avenue car would have to be ahead oftime. If the White City car was on time at 12:05, the EnglishAve. car would have to get there before that time to cut itoff. That happens quite often. I do know that the car thatMathis and Hollis were running did come into town ahead