Leo Frank TV

Visible Translated Text Is As Follows: Saturday morning and the fact that I moved those planks makes me know that I left the elevator unlocked. The elevator makes a good deal of noise when it starts and when it stops.RE-DIRECT EXAMINATIONI was on the second floor when all of these people came in the factory. Mr. Frank worked on his books until he got ready to go to Montags. I think it was about an hour. I checked freight with a one-legged draymen about 10:30, his wagon was right in front of the door.N. V. DARLEY, sworn for the State.My

Visible Translated Text Is As Follows: murder was committed in the basement. Mr. Frank stated thatit looked easy for the staple to be pulled out and Iagreed with him, because the staple looked black and it lookedto me as if it had been pulled out before. On Monday Mr.Frank explained about why he was nervous on Sundaymorning. I heard him speak of the murder numerous times.When we started down the elevator Mr. Frank was nervous,shaking all over. I can't say positively as to whether hiswhole body was shaking or not, but he was shaking. Newt Leeseemed to be composed when

Visible Translated Text Is As Follows: no blood spots on 1t. I don't think anybody could answerhow many strands of hair Barrett found. They were woundaround the lever. I don't think there were over 6 or 8 at theoutside. It was pretty hard to tell the color. It is myunderstanding that Barrett has been doing most of the discover-ing done in the building. He has lost quite some time sincethe murder, and buys quite some extras and reads them. Thewhite stuff particularly hid the spots. It looked like therehad been an attempt to hide them, but you could see the

Visible Translated Text Is As Follows: factory; the production of the following different kinds of pencils that were produced. There are perhaps 75 or 80 different kinds, besides the special imprint pencils. Mr. Frank had to get all the data from the various departments of the factory, particularly the packing room. The cost of production was estimated most of the time as to the merchandise. The other figures were real figures. Merchandise is bought by the month and he had to figure it up at the end of the month to get the average. To arrive at the profit that

Visible Translated Text Is As Follows: is cheap lead or good lead. The 2765 1/2 means 2765 1/2gross. Further on down you find the different items that makeup that figure under the head of wrappers, leads, tips, etc.The next figure is under rubber, 720 gross at 6 1/2 ₵. Thosefigures come from the plugging department or he can get themfrom the goods as they are delivered to the packing room, byknowing the styles and numbers, you can tell whether it is atipped or untipped pencil. You get that from the shippingroom and the other from the metal room. He arrives

Visible Translated Text Is As Follows: sheet). There are 24 itemized items, and the word "jobs" impliesI don't know how many different kind of jobs. There are24 different kind of pencils. He puts them there as having beenproduced that week. He got the reports as to the quantity ofeach kind of pencil and had to tabulate all those reports andarrive at the total of each kind. No, I don't think he had tofigure out the cost of production of each kind, but he figuresthe quantity of each kind of pencil and shows its value on thesheet. Starnes and Black and

Visible Translated Text Is As Follows: 57"Yes." I then asked her how was her father, and she said,"My father is dying, I think". Then she spoke to me aboutgetting some assistance from the office for burial expenses,and she commenced to cry and I walked down the steps with herto the front door. That was about 9:30. Mr. Frank stayed atthe factory until 9:40, when we left together. We went on upto the corner of Hunter and Forsyth, took a drink of sodawaterat Cruickshank's at the corner of Forsyth and Hunter. He leftme then and started towards Montag's. That's the last

Visible Translated Text Is As Follows: cloudy most of the day. It was dark there around the elevatoron the first floor and we had big heavy boxes piled up there.One of them must have been almost as large as a piano box. Ifa man got between those boxes, we would have had to hunt tofind him. It is very dark on the second floor between theclock and the metal room. It is dark behind the ladies dress-ing room and on the side next to the ladies toilet. As you goto the stairs from the metal room, it is very dark.

Visible Translated Text Is As Follows: me and sent for me one time. The first time I went there, ChiefLanford, Mr. Dorsey, Mr. Stephens and the stenographer wasthere. They all asked me questions, one would ask me aquestion and before I got that answered, another would ask mea question. The next time I went there, Mr. Dorsey, Mr. Starnes,Mr. Campbell and the stenographer were there. Mr.Dorsey did all the questioning this time. When Mr. Frankwas engaged on his work in the factory he was very intent onhis work, very earnest and industrious. I don't think a daypassed at the factory

Visible Translated Text Is As Follows: found all over the building for this reason, they write an order, and sometimes fail to get the carbon under it, and other times they have to change the order and tear it out and throw it in the waste basket in the office and from there it gets into the trash. That kind of little pad is used all over the factory. The foreladies make their memorandum on that kind of tablet. You will find them all around. It is one of the biggest wastes around the place. They are all over the

Visible Translated Text Is As Follows: mention his hanging his head. He always work with thepolice on criminal cases. No, I did not testify before theCoroner about any white stuff having been smeared over thesesupposed blood spots. I am not sure whether I got the state-ment about Mary Phagan being familiar with Gantt from Mr.Darley or Mr. Frank. Mr. Frank was present at the time. Mr.Frank told me when the little girl asked if the metal hadcome back that he said "I don't know." It may be true that Iswore before the Coroner that in answer to that question fromMary

Visible Translated Text Is As Follows: 48in Mr. Frank's office. He was not there. I didn't see or hear anybody in the building. The door to the metal room was closed. I had on tennis shoes, a yellow hat and a brown rain coat. I looked at the clock on my way up, it was five minutes after twelve and it was ten minutes after twelve when I started out. I had never been in his office before. The door to the metal room is sometimes open and sometimes closed.CROSS EXAMINATION.I didn't look at the clock to see what time

Visible Translated Text Is As Follows: factory. That spot was not there Friday. The spot was about 4 or 5 inches in diameter and little spots behind these from the rear--6 or 8 in number. I discovered these between 6:30 and 7 o'clock Monday. It was blood. It looked like some white substance had been wiped over it. We kept potash and haskolene, both white substances, on this floor. This white stuff was smeared over the spots. It looked like it had been smeared with a coarse broom. There was a broom on that floor, leaning up against the wall.

Visible Translated Text Is As Follows: in the metal department, then I suggested to search right away;that was the only spot I could tell I could tell it wasblood by looking at it. I can tell the difference betweenblood and other substances. I found the hair some few minutesafterward--about 6 or 8 strands of hair and pretty long.When I left the machine on Friday I left a piece of work inthere. When I got back the piece of work was still there, Ithad not been disturbed. The machine was in the same positionin which I left it Friday night. There

Visible Translated Text Is As Follows: Next to the ladies' closet they are a lot of different things, mineral paints, barrels, etc, all sorts of things. That's part of the metal room where they are kept. I swept clear up to the doors of the toilets and clear up to the paint shop. It wasn't my duty to sweep where the machines are and where Mary worked but I did sweep there anyhow. I have done that several times before. There were paint spots in several different places up there when I swept up Friday. These blood spots were right

Visible Translated Text Is As Follows: paint back in bottles. Of course if a bottle would breakthe paint would get all over the floor. The white stuffthere didn't hide the red at all. You could see it plainly.RE-DIRECT EXAMINATIONThe pencils are painted on the third floor. There isn'tany paint used at all in the factory only in the polishingroom, except on the third floor.B. B. HASLETT, sworn for the state.I went to Mr. Frank's house Monday morning after themurder about 7 o'clock. I went out there and got him andtook him to the station house. He was at the station

Visible Translated Text Is As Follows: end out and people that come in and out. As to what I did to the elevator on that Saturday, I didn't do anything except that when Mr. White and Mr. Denham were working on the top floor, I started the elevator up and ripped up a plank for them. The elevator was locked when I sawed that plank for them but when I left it was un- locked. I looked it Friday night when I left there. But I went off from there Saturday and forgot to lock it. When I made that

Visible Translated Text Is As Follows: ing. Anybody could have walked from the fourth floor tothe second floor all day long; there was no obstruction. Aman at the stairway on the third floor can see the secondfloor in front of the clock. The front doors were unlockedall the morning and they were still unlocked when I left.When Mr. Denham and Mr. White asked me to saw some timber forthem that morning, I went and got the key and unlocked themotor that runs the elevator. I left it unlocked after that.Anybody could have started the elevator running then by throw-ing in

Visible Translated Text Is As Follows: that was discovered in the building, hair, blood, and pay envelope. That is what he said to me, I have never seen Mr. Frank speak to Mary Phagan. I was at the factory at 6:30 Saturday morning. I was the first man that got there. Denham and White came in about 7 o'clock and went up on the fourth floor. They were doing some work up there. I had to saw that plank for them. They told me that I would take them until about 8 o'clock. The office boy, Alonzo Mann, 13 or

Visible Translated Text Is As Follows: 50have two clocks. One runs to 100 and the other runs from 100 to 200. Each employee has a number. That is the reason we have two clocks. When Miss Mattie Smith came in she discovered a mistake about her time by the time she reached the clock. Mr. Frank and Mr. Darley corrected it in the office and then she left. Mr. Frank got back from Montag's about 11 o'clock. He had with him the folder in which he carries his papers. Nobody was with him when he came back. He went right

Visible Translated Text Is As Follows: RE-DIRECT EXAMINATIONMr. Frank had told me that he didn't think Newt Lee had told all he knew about the murder. He also said after looking over the time sheet and seeing that it hadn't been punched cor rectly that that would have given Lee an hour to have gone out to his house and back. I don't know when he made this last statement. I don't remember whether that was before or after I went out to Lee's house and found the shirt. It was after Mr. Frank told me about the skips in

Visible Translated Text Is As Follows: not told him her name. I used to know Mary when she was a littlegirl, but I have not seen her up to the time I went towork for the factory. My work was in the office and she workedin the rear of the building on the same floor in the tip depart-ment. After I was discharged, I went back to the factoryon two occasions. Mr. Frank saw me both times. He made noobjection to my going there. One girl used to get pay envelopesfor another girl with Mr. Frank's knowledge. There was an

Visible Translated Text Is As Follows: said, "Well, I have a pair of black ones here too," and hekind of studied a little bit, and said "go ahead withhim and stay with him until he gets his shoes," and I wentup there and found both pair right where I had left them- Mr.Frank looked pale and nervous and kind of hesitated andstuttered like he didn't like me in there somehow or other.CROSS EXAMINATION.I testified at the coroner's inquest. I admit I did nottestify about Frank's knowing Mary very well there, that hasbeen recalled to my mind since I was arrested

Visible Translated Text Is As Follows: five blocks from the factory. I got there a few minutes after one. Mr. Frank told Mr. White if I wanted to get out before 3 o'clock, to come on down because he was going to leave and lock the door, that I had better be ready to go as soon as he got his coat and hat. I went on out and as I passed he was sitting in the outside office writing at a table. As I was going on down the steps I saw a negro sitting on a box close

Visible Translated Text Is As Follows: tors of this company and myself have had a conference andthought that the public should demand that wehave an inves-tigation made, and endeavor to determine who is responsiblefor this murder," and Mr. Frank then said he had just comefrom police barracks and that Detective Black seemed to sus-pect him of the crime, and he then related to me his move-ments on Saturday, April 26th, in detail. He stated that hearrived at the factory at 8 A.M., that he left the factorybetween 9:30 and 10 with Mr. Darley for Montag Bros. for themail, that he

Visible Translated Text Is As Follows: out of the factory, as far as he knew, but on the way out, Mrs. White made the statement that she had seen a negro on the street floor of the building behind the boxes, and Mr. Frank stated that at 1:10 P.M. he left the factory for home to go to luncheon; he arrived at the factory again at 3 P.M., went to work on some financial work and at about four o'clock, the night watchman reported for work, as per Mr. Frank's instructions the previous day; that he allowed Newt Lee to

Visible Translated Text Is As Follows: been found. From there we went down and examined the time clock and went through the south aisle and down the ladder into the basement, where I was shown that everything had been found. As to Mr. Frank's manner and deportment at the time we were in his office, he seemed to be perfectly natural. I saw no signs of nervousness. Occasionally between words he seemed to take a deep breath and deep sighs about four or five times. His eyes were very large and piercing. They looked about the same they do now.

Visible Translated Text Is As Follows: and I saw white smeared where the chips had been cut out andthere were also some dark spots over the chipped out places.It was just as though somebody had taken a cloth and rubbedsome white substance around in a circle, about eight inchesin diam eter. This white stuff covered all of the dark spots.I didn't note any unusual sign of nervousness about Frank inhis office. There wasn't any trembling or anythingof that sort at that time. On Tuesday night, April 29, BlackMr. Frank and myself were together and Mr. Black told Mr.Frank that he

Visible Translated Text Is As Follows: took place shortly after midnight, Wednesday, April 30. On Monday afternoon, Frank said to me that the first punch on Newt Lee's slip was 6133 P.M. and his last punch was 3 A.M. Sunday. He didn't say anything at that time about there being any error in Lee's punches. Mr. Black and I took Mr. Frank into custody about 11:30 A.M. Tuesday, April 29th. His hands were quivering very much, he was very pale. On Saturday May 3, I went to Frank's cell at the jail with Black and I asked Mr. Frank if

Visible Translated Text Is As Follows: report that to you. I reported the active of our conference. - No, I did not say anything about Mr. Haas wanting us to do anything except locate the murderer. Yes, I talked to you afterwards and you also told me to find the murder, even if it was Frank. Mr. Haas had said to Mr. Pierce and me that he would rather that we submit our reports of evidence to him before we turned it over to the police. No, there was nothing said about not giving this to the police. I testified

Visible Translated Text Is As Follows: to get her pay." He said, "I will tell you about the exact timeshe left here. My stenographer left about twelve o'clock, anda few minutes after she left, the officeboy left and Mary camein and got her money and left." He said she got $1.20 and heasked whether anybody had found the envelope that the moneywas in. Frank still seemed to be nervous like the first timeI seen him. It was just his quick manner of stepping aroundand his manner of speech like he had done at the house thatindicated to me that he

Visible Translated Text Is As Follows: keys out, unlocked the door of the right hand clock and lifted out the slip, looked at it and made a remark then the slip was punched correctly. Mr. Darley and Newt Lee was standing there at the time Mr. Frank said the punches had been made correctly. Mr. Frank then put in a new slip, closed the door, locked it and took his pencil and wrote on the slip that he had already taken out of the machine, "April 26, 1913." I looked at the slip that Mr. Frank took out (Defendant's Exhibit

Visible Translated Text Is As Follows: and the piece of undershirt was broke me her hair mouth. The cord around her neck was drawn so tight it was sunk in her flesh. I don't know whether Mr. Frank went upstairs or not after we reached his house. I think he called to his wife to get him his collar and tie. He got his coat and vest some place, but I don't know where. At the time Mrs. Frank was calling Mr. Darley, Mr. Frank was putting on his collar and tie down in the reception hall. We were at

Visible Translated Text Is As Follows: to them and Mr. Gheesling was looking straight across the body at them. Mr. Frank had no difficulty in unlocking the safe when we went back to the factory. The elevator we went down on is a freight elevator, makes considerable noise. It stops itself when it gets to the bottom. I don't think it hits the ground. She was lying on her face with her hands folded up. Her face was turned somewhat toward the left wall. A bruise on the left side of her head, some dry blood in her hair. One

Visible Translated Text Is As Follows: When the face was turned towards me, Mr. Frank stepped out of my vision in the direction of the cheseling's sleeping room.MISS GRACE HICKS, Sworn for the State.I knew Mary Phagan nearly a year at the pencil factory. She worked on the second floor. I identified her body at the undertakers Sunday morning, April 27th. I knew her by her hair. She was fair skinned, had light hair, blue eyes and was heavy built, well developed for her age. I worked in the metal room, the same room she worked in. Mary's machinewas right

Visible Translated Text Is As Follows: year in the same department and I never saw Mr. Frank speak to Mary Phagan or Mary Phagan speak to Mr. Frank. When Mr. Frank came through the metal department he never spoke to any of the girls; just went through and looked around. The three times Mr. Frank spoke to me were as follow. He was showing a man around and I was laying on my arm mighty near asleep and he says you can run this machine asleep can't you, and I said, "Yes, sir." Then another time I asked him for

Visible Translated Text Is As Follows: JOHN R. BLACK, Sworn for the State.I am a city policeman. I don't know the details of the conversation between Mr. Starnes and Mr. Frank over the 'phone. I didn't pay very much attention to it. I went out to Mr. Frank's house with Boots Rogers. Mrs. Frank came to the door. Mrs. Frank had on a bath robe. I stated that I would like to see Mr. Frank and about that time Mr. Frank stepped out from behind a curtain. His voice was hoarse and trembling and nervous and excited. He looked to

Visible Translated Text Is As Follows: could tell by going over to the factory and looking at his oashbook. At the Pencil factory Mr.Frank took the slip out,lookedover it and said it had been punched correctly. On Monday or Tues-day following Mr.Frank stated that the clock had been mispunchedthree times. This slip was turned over to Chief Lanford on Monday.I saw Mr.Frank take it out of the clock and went back with it to-ward his office. I don't know of my own personal knowledge that itwas turned over to Chief Lanford Monday. When Mr.Frank was downat police station on Monday

Visible Translated Text Is As Follows: When I said that Mr. Frank was released I spoke before I thought. I retractedit on cross-examination. I don't know that Mr. Roaser was at the police station between 8 and 8:30 Monday morning, I said that to the best of my recollection. I wouldn't swear Mr. Rosser was there. I heard Mr. Rosser say to Mr. Frank to give them a statement without a conference at all between Mr. Frank and Mr. Rosser. I said that we wanted to have a private talk with Mr. Frank without Mr. Rosser being present. I wanted

Visible Translated Text Is As Follows: dressing upstairs or not, I couldn't see him when he went behind theoscurtain. We stayed at the Frank home about ten minutes. At the undertaking establishment I was right behind Mr. Frank. He was between me and the body. I saw the face when the undertaker turned her over. Yes, Mr. Frank being in front of me had an opportunity to see it also. No, 'r. Frank didn't go into that sleeping room, Mr. Frank went out just ahead of me. When we went back to the pencil factory Mr. Frank went to the

Visible Translated Text Is As Follows: RE-DIRECT EXAMINATION.The first time I saw Mr. Frank put my tape on, he didn't say anything about it being any trouble. The last time he put it on, he said something about that he wasn't used to putting it on. I was holding the lever there and he got in on twice and he had put it on wrong and he would have to slip it out and put it back. When Mr. Frank came out rubbing his hands, he came out of his inner office into the outer office and from there in

Visible Translated Text Is As Follows: the way back in the basement, to a partition on the left, leadingfrom the elevator. The basement is about twenty feet wide.The negro lead the way back about one hundred fifty feet and wefound the body. The girl was lying on her face, not directlylying on her stomach, with the left side on the ground, theright side up just a little. We couldn't tell by lookingat her whether she was white or black, only by her golden coloredhair. They turned her over and her face was full of dirt anddust. They took a piece

Visible Translated Text Is As Follows: Found and identifies different parts of the building on the diagram. Witness states that diagram 1-A (State's Exhibit A) is a fair representation of the parts testified by him, i.e., main floor and stairs, basement, boiler, partition in basement, spot where body was found, and of the entire building.CROSS-EXAMINATIONWe arrived at the factory about 3:30. Lee told us it was a white woman. It took us some time to determine whether it was a white woman or not. We didn't know until the dust was removed from her face and we pulled up the

Visible Translated Text Is As Follows: 14enough of it to have seen what it looked like, coming up to it.I made an experiment in the day time to see whether he couldsee the body or not, and I found he could see the feet, youcould see the bulk. Unless he was looking directly for someoneI don't think he could see it. The place where I thought Isaw someone dragged was right in front of the elevator, directlyback. It began immediately in front of the elevator, right atthe bottom of the shaft. The hat was possibly nearer theelevator than the shoe.

Visible Translated Text Is As Follows: to see whether Newt Lee could have seen the body from where hestood. We placed a bulk about the size of an ordinary bodyabout the same position that this body was found in and you couldsee the bulk of the body by looking carefully by standing at thespot Newt Lee said he had seen it. A man couldn't get down thatladder with another person. It is a difficult matter for oneperson to get through the scuttle hole. The signs of dragging thatI saw was right at the bottom of the elevator shaft, on the

Visible Translated Text Is As Follows: The staple on the back door looked as if it had been pried out with a pipe pressed against the wall. There was a pipe there that fitted the indentation on the wood. I called Mr. Frank on the telephone, and told him I wanted him to come to the pencil factory right away. He said he hadn't had any breakfast. He asked where the night watchman was. I told him it was very necessary for him to come and if he would come I would send an automobile for him, and I asked

Visible Translated Text Is As Follows: door which looked like they had bloody finger prints. I don't know when Frank was arrested. I don't think he was arrested on Monday. He was asked to come to the station house on Monday. It takes not over three minutes to walk from Marietta Street at the corner of Forsyth Street across the viaduct and through Forsyth Street down to the pencil factory. Lee was composed at the factory; he never tried to get away. The door to the stairs from the office floor to third floor was barred when I first went

Visible Translated Text Is As Follows: W. W. ROGERS, sworn for the State.18I am now connected with Judge Giredean's court. I was at the station house Saturday night, April 26th, and went to the National Pencil Company's place of business. It was between five and five thirty that I heard Mr. Starnes have a conversation over the phone. I heard him say, "If you will come I will send an automobile after you." It took us five or six minutes to get out to Mr. Frank's residence at 68 E. Georgia Avenue. Mr. Black was with me. Mrs. Frank opened

Visible Translated Text Is As Follows: 19he came through the curtains. He seemed about briskly. He asked questions in rapid succession, but gave plenty of time between questions to have received an answer. Mr. Frank and Mr. Black got on the rear seat and I took the front seat and as I was fixing to turn around, one of us asked Mr. Frank if he knew a little girl by the name of Mary Phagan. Mr. Frank says: "Does she work at the factory?" and I said, "I think she does." Mr. Frank said, "I cannot tell whether or not

Visible Translated Text Is As Follows: look at the corpse. I don't remember that Mr. Frank ever followed me in this room. He may have stopped on the outside of the door, but my back was toward him and I don't know where he stopped. Mr. Gheesling turned the head of the dead girl over towards me and I looked around to see who was behind me and I saw Mr. Frank as he made that movement behind me. He didn't go into the closet as far as I could see, but he got out of my view. He could

Here is the extracted text from the image: 2from Mary Phagan's home. I have known her about a year. Thelast time I saw her was Saturday morning going to town on theEnglish Avenue car. It was about ten minutes to twelve when Ifirst saw her. I left her about seven minutes after twelve atthe corner of Forsyth and Marietta Street. She had on that hat,transfer and things when I left her. She was going to the pencilfactory to draw her money. She said she was going to see theparade at Elkin-Watson's at two o'clock. She never showed up.I stayed around

Here is the extracted text from the image: on Saturday evenings I have to come at five o'clock. On Fridaythe 25th of April, he told me "Tomorrow is a holiday and Iwant you to come back at four o'clock." I want to get off alittle earlier than I have been getting off." I got to thefactory on Saturday about three or four minutes before four. Thefront door was not locked. I pushed it open, went on in and gotto the double door there. I was paid off Friday night at sixo'clock. It was put out that everybody would be paid

Here is the extracted text from the image: It took him twice as long this time than it did the other timesI saw him fix it. He fumbled putting it in, while I held thelever for him and I think he made some remark about he was notused to putting it in. When Mr. Frank put the tape in I punchedand I went on down-stairs. While I was down there Mr. Ganttcame from across the street from the beer saloon and says, "Newt,I got a pair of old shoes that I want to get upstairs to havefixed." I says, "I

Here is the extracted text from the image:---5lit it at six o'clock myself. On Saturdays I always lit it, but weekdays it would always be lit when I got there. On Saturdays I always got there at five o'clock. This Saturday he got me there an hour earlier and let me off later. There is a light in the basement down there at the foot of the ladder. He told me to keep that burning all the time. It has two little chains to it to turn on and turn off the gas. When I got there on making my

Here is the extracted text from the image: 6and didn't say nothing while Mr. Darley was speaking to me.Boots Rogers, Chief Lanford, Darley, Mr. Frank and I were therewhen they opened the clock. Mr. Frank opened the clock and said -the punches were all right, that I hadn't missed any punches.I punched every half hour from six o'clock until three o'clock,which was the last punch I made. I don't know whether theytook out that slip or not. On Tuesday night, April 29th,at about ten o'clock I had a conversation at the station housewith Mr. Frank. They handcuffed me to a

Visible Translated Text Is As Follows: before the coroner that he had been given one of the pair of shoes of Mr. Gantt to one of the boys, they got that wrong. On Saturdays I had to wake up usually and get to the factory at twelve o'clock. This time Mr. Frank told me to get back at four. I did say before the coroner that he was looking down when he came out of his office. I told them also that there was a place in that building where I could go to sleep, but they didn't ask me

Visible Translated Text Is As Follows: 8a difficulty and I knew that Mr. Frank didn't want him inthere. Mr. Frank had told me "Lee, I have discharged Mr. Gantt,I don't want him in here, keep him out of here," and he hadsaid, "when you see him hanging around here, watch him." Thatis the reason I thought Mr. Frank was startled when he saw Mr.Gantt. Mr. Gantt is a great big fellow, nearly seven feet.When he went out I watched him as he went to the beer saloonand I went on upstairs. He left the factory about half pastsix. I went

Visible Translated Text Is As Follows: between the body and the door, it was dark back there. Thebody was about sixty feet from that door. If the back door hadbeen open I could have seen that big light back there in thealley. The back door was closed when I found the body. Thefirst time I went down the basement that night was seveno'clock. I went just a little piece beyond the dark, so I couldsee whether there was any fire down there. That's what I waslooking for. Yes I could tell whether the door was open fromthere. No, I didn't

Visible Translated Text Is As Follows: 10was down in the closet I had to go at least ten feet to see whether or not there was any fire in the dust bin. I would have gone further if I hadn't discovered the body. When I saw the body, the closest I ever got to it was about six feet. I was holding my lantern in my hand. I just saw the feet. When I first saw it I was about ten feet from it. As to how far the body was from where I was sitting in the closet, it

Visible Translated Text Is As Follows: the way back in the basement, to a partition on the left, leadingfrom the elevator. The basement is about twenty feet wide.The negro lead the way back about one hundred fifty feet and weround the body. The girl was lying on her face, not directlylying on her stomach, with the left side on the ground, theright side up just a little. We couldn't tell by lookingat her whether she was white or black, only by her golden coloredhair. They turned her over and her face was full of dirt anddust. They took a piece

Here is the extracted text from the image: the subject of the general character of the defendant, and it is forthe jury finally to determine from all the evidence whether hischaracter was good or bad. But a defendant is not to be convictedof the crime with which he stands charged, even though, upon a con-sideration of all the evidence, as to his character, the jury be-lieves that his character is bad, unless from all the other testimonyin the case they believe that he is guilty beyond a reasonable doubt.You will, therefore, observe that this is the rule you will beguided

Here is the extracted text from the image: to make it under the law. It is not made under oath and he is not sub-ject to examination or cross-examination. It is with you as to howmuch of it you will believe, or how little or it. You may go to theextent, if you see fit, of believing it in preference to the sworntestimony in the case.In the event, gentlemen, you have a reasonable doubt from theevidence, or the evidence and the statement together, or either :s tothe defendant's guilt as charged, then give the prisoner the benefitof that doubt and

Here is the extracted text from the image: V. 10852 - 4Leo FrankState of GeorgiaTo conveyancen. ConleyNote to Clerk andDeputy ClerkPlease check all of theserecords when governmentis all returned together

Here is the extracted text from the image: WITNESSESAnderson, W. E. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Here is the extracted text from the image: Witnesses:Rener, Wm. .................................. 268Barnes, Miss Sarah .......................... 259Boehm, Julian V. ............................ 262Blair, Miss Mallie .......................... 262Campbell, Wade ............................... 169 169 169 169Cowan, Miss Cora ............................ 262Carson, Mrs. R. M. .......................... 168 168Carson, Miss Rebecca ........................ 262Childs, Dr. Leroy W. ........................ 251 253Cooper, V. .................................. 211Cullen, Nathan .............................. 265Carson, Miss Rebecca (recalled) ............. 167 168Chambers, Phillip ........................... 208Craig, Robert ............................... 211Craig, Ed M. ................................ 211Gaston, L. .................................. 262Garson, Miss Irene .......................... 262Opal, Nathan (recalled) ..................... 211Orr, Samuel ................................. 211Dittler, Alex ............................... 262Denham, Mrs. Georgia ........................ 262 175Denham, Harry ............................... 174Derley, N. V. ...............................

Here is the extracted text from the image: Witnesses:INDEX #8 continued.Name D C RD RGHencook, Dr. Thomas - - 255 256Hatfield, Miss Willie - - 257 258Holloway, C. C. (recalled) - - - -Holmes, Miss Ida - - - -Holloway, A. C. - - 262 -Hays, Miss Ida - - 258 258Hays, Isaac - - 257 257Hunter, Joel C. - - 160 160Hays, Miss Velma - - 262 262Hall, Miss Hattie - - 164 164Harris, Mrs. A. L. - - 166 167Hall, Miss Cornithia - - 262 -Hall, Dr. A. L. - - 263 -Hall, Mrs. Fred - - 262

Here is the extracted text from the image: INDEX #2- continued.Witnesses:Molurty, Miss Lena - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Here is the extracted text from the image: INDEX #2 continued.Witnesses:Willett, T. H. D 262 O 262 RD 262 RQWord, Miss Lizzie - D 262 O 262 RD 262 RQWilson, Mrs. S. A. - D 262 O 262 RD 262 RQWestmoreland, Dr. Willis P. - D 242 O 242 RD 242 RQWeinrauf, Godfrey - D 262 O 262 RD 262 RQWood, H. - D 262 O 262 RD 262 RQWardlaw, Mrs. J. - D 261 O 261 RD 261 RQWolfheimer, Mrs. Hennie - D 164 O 164 RD 164 RQWright, Miss Maude - D 262 O 262 RD 262 RQWildsmer,

Here is the extracted text from the image: INDEX #3 continued.Witnesses: D O. RD R#Kelley, H. .......... 366 366Kitchens, Miss Mamie' 344 344Matthews, W. H. ...... 357 357Maynard, C. J. ....... 359 360Merr, W. E. .......... 346 346McCann, O. B. ........ 344 344McKnight, Albert .... 359 359Mowling, J. C. ....... 362 364Miles, Dr. G. M. ..... 364 364Owens, W. B. ......... 366 366Patrick, W. C. ....... 344 344Patrick, Miss Nellie .. 344 344Pickett, E. H. ....... 351 352Read, D. D. .......... 360 360Robinson, Miss Ruth .. 344 344Rogers, W. ........... 356 356Rose, Harry ......... 343 343Smith, E. ............ 368 369Smith,

Here is the extracted text from the image: STATE OF GEORGIA,VS.LEO M. FRANK.In Fulton Superior Court,Trial begun August 26th, 1913.Judge L. S. Roan presiding.Conviction of murder at July Term, 1913of Fulton Superior Court, and motionfor new trial.BRIEF OF THE EVIDENCE.MRS. J. W. COLEMAN, sworn for the state.I am Mary Phagan's mother. I last saw her alive onthe 26th day of April, 1913, about a quarter to twelve, at home,at 146 Lindsay street. She was getting ready to go to thepencil factory to get her pay envelope. About 11:30, sheate some cabbage and bread. She left home at a quarter totwelve.

Here is the extracted text from the image: 6 (Q). Did you hear A.H. Henselee, in Monroe, Georgia, between said dates, make any statements as to what he believed about the guilt of Leo M. Frank of the murder of Mary Phagan; if so, what were those statements?(A). Yes, he believed him guilty.6. (Q). Did A. H. Henselee, in Monroe, Georgia, between said dates, in your presence and hearing, say he thought Leo M. Frank was guilty of the murder of Mary Phagan; if so, did he state it positively and firmly; how did he make the statement? Give his

Here is the extracted text from the image: J. J. Nunnally and Virgil Harris, dealers in buggies, wagons andlive stock. Also Vice President W. H. Nunnally Co., generalsupplies and merchandiseJ. J. NunnallyGeorgia Walton County.Before me personally appeared J. J. Nunnally who, beingfirst duly sworn true answers to make to the above and foregoingwritten questions, answered same as above set forth, saidanswers executed, sworn to, and subscribed before me this Sept.27th, 1913.Clifford Walker.Notary Public Walton County, Ga.2.857

Here is the extracted text from the image: Certificate of the Court.The recitals of fact contained in the original motion for newtrial, and in the one hundred and twelve grounds of the forego-ing amended motion for new trial (the same being all the groundsof said original and all the grounds of said amended motion) arehereby approved as true, and the court has identified all theexhibits and they are made part of said motion for new trial.Oct. 31st, 1913.L. B. Roan,J. S. C. St. Mt. Ct.Filed in office this Oct. 31, 1913.John H. Jones, Deputy Clerk.

Here is the extracted text from the image: (ORDER OVERRULING MOTION.)After considering the above and foregoing motion and amendedmotion and affidavits submitted by the State the motion for anew trial is hereby overruled and denied.This October 31, 1913.L. S. Roan,Judge Superior Court Stone Mountain Circuit,Presiding.

Here is the extracted text from the image: STATE OF GEORGIAVS.LEO M. FRANK.MURDER.Fulton Superior Court.Trial: July 28 to Aug. 21, 1913.CHARGE OF THE COURT.Gentlemen of the Jury:This bill of indictment charges Leo M. Frank with the offense of murder. The charge is that Leo M. Frank, in this county, on the 26th day of April of this year, with force and arms, did unlawfully with malice aforethought kill and murder one Mary Phagan by then and there choking her, the said Mary Phagan, with a cord placed around her neck.To this charge made by the bill of indictment found by

Here is the extracted text from the image: doubt, one conjured up by the jury, but a reasonable doubt.Gentlemen, this defendant is charged with murder. murder is defined to be the unlawful killing of a human being, in the peace of the State, by a person of sound memory and discretion, with malice aforethought, either express or implied.Express malice is that deliberate intention unlawfully to take away the life of a fellow-being, which is manifested by external circumstances capable of proof.Malice shall be implied where no considerable provocation appears, and where all of the circumstances of the killing show an

Here is the extracted text from the image: Gentlemen, the object of all legal investigation is the discoveryof truth. That is the reason of you being selected, empanelled andsworn in this case - to discover what is the truth on this issueformed on this bill of indictment. Is Leo M. Frank guilty? Are yousatisfied of that beyond a reasonable doubt from the evidence in thiscase? Or is his plea of not guilty the truth? The rules of evidenceare framed with a view to this prominent end - seeking always forpure sources and the highest evidence.Direct evidence is that which immediately

Here is the extracted text from the image: Gentlemen, the object of all legal investigation is the discoveryof truth. That is the reason of you being selected, empanelled andsworn in this case - to discover what is the truth on this issueformed on this bill of indictment. Is Leo M. Frank guilty? Are yousatisfied of that beyond a reasonable doubt from the evidence in thiscase? Or is his plea of not guilty the truth? The rules of evidenceare framed with a view to this prominent end - seeking always forpure sources and the highest evidence.Direct evidence is that which immediately

The visible text in the image is: P.236PICTUREMISSINGBLANK PAGE

Here is the extracted text from the image: by his good character, and to acquit him. (Stephens case 61 Ga. 569).The word "character" as used in this connection, means that general reputation which he bore among the people who knew him prior to the time of the death of Mary Phagan. Therefore, when the witnesses by which a defendant seeks to prove his good character are put upon the stand, and testify that his character is good, the effect of the testimony is to say that the people who knew him spoke well of him, and that his general reputation

Here is the extracted text from the image: Leo M. Frank was guilty of the murder of Mary Phagan, and further that he would bet one dollar or other sum, or would like to bet one dollar or other sum, that he, the said A. H. Henslee, would be put on the jury to try Leo M. Frank for the murder of Mary Phagan?(A). He stated that he had been summoned as a juror.8. (Q). State in full what is your business occupation, or if more than one, what are your business occupations?Member of the firm of Walker and Holmes,

Here is the extracted text from the image: JURY THAT CONVICTED FRANK AS SLAYER OF MARY PHAGANJ.T. OSBURN, A.H. HENSLEE, F.E. WINBURN, W.F. MEDCALF, A.L. WISBY, W.M. JEFFRIES, M. JOHENNINGDEPUTY HUBER, M.S. WOODWARD, F.W. L. SMITH, D. TOWNSEND, C.J. BOSSHARDT, J.F. HIGDON, DEPUTY LIDDELL

Here is the extracted text from the image: EXHIBIT-LL.State of Georgia,Vs.In the Superior Court of Fulton County,Leo M. Frank.Georgia.To the Honorable George L. Bell, Judge of the Fulton SuperiorCourt:This application is presented to the Court by Leo M.Frank, the defendant in the above stated case; and shows to theCourt the following facts:The above stated case of the State of Georgia, Vs. Leo M.Frank, indictment for murder, has been tried, a verdict found,and this defendant sentenced; and a motion for a new trial insaid case is now pending before Honorable L. S. Roan, Judge ofthe Stone Mountain Circuit, and hearing set

Here is the extracted text from the image: The foregoing application read and considered. It is orderedthat Sig Teitlebaum, act as Commissioner in said case, inaccordance with Section 5818 of the Code of Georgia of 1910.This Sept., 28th, 1913.Geo. L. Bell,Judge of Superior Court, Atlanta Circuit.

Here is the extracted text from the image: Georgia,Fulton County.State of Georgia, Vs.Leo M. Frank.In Fulton Superior Court.Written questions to be propounded to C. P. Stough, a witnessfor the defendant in the motion for new trial pending in saidcase, set for hearing October 4, 1913, before Judge L. S. Roan,Judge of the Stone Mountain Circuit.1. Q. Do you know A. H. Henslee, who served on the jury inthe above stated case at the trial commencing July 28, 1913?A. Yes.2. Q. How long have you known him?A. About 6 or 7 years.3. Q. During the time between the murder of Mary

Here is the extracted text from the image: Georgia, Fulton County.Personally appeared O. P. Stough who having been duly swornmade answer as above indicated and sworn to the foregoing writtenquestions 1 - 6 inclusive said answer executed, sworn to andsubscribed before me this Sept. 29th, 1913.Sig. Teitelbaum,Not. Pub. Fulton County, Ga. and Commissionto take testimony.Rory Judge

Here is the extracted text from the image: Georgia,Fulton County.State of Georgia, In Superior Court of Fulton County,Vs. Georgia.Leo M. Frank.To the Honorable Clerk of the Superior Court ofWalton County, Georgia.This application shows the following facts:Heretofore, a verdict of guilty was returned in said case,judgment was passed by the Court, and a motion for new trialwas filed in said case, which said motion for new trial is setfor hearing on October 4th, 1913, before Judge L. S. Roan,Judge of the Stone Mountain Circuit.It is shown that there are three parties who reside in MonroeWalton County, Georgia, to-wit: J. J. Nunnally,

Here is the extracted text from the image: Georgia Fulton County.State of Georgia,Vs.In the Superior Court of Fulton County,Leo M. Frank.Georgia.Written questions to be propounded to J. J. Nunnally, Esq.W. L. Ricker, Esq. Virgil Harris, Esq., andresidence Monroe, Walton County, Ga.1. (Q). Have you examined the attached clipping from theAtlanta Georgian of August 23, 1913, and particularly the like-ness in said clipping of A. H. Henselee?(A). Yes I have.2. (Q). Do you know A. H. Henselee?(A). I do.3. (Q). Do you recall whether or not A. H. Henselee was inMonroe, Georgia, between the time of the murder of Mary Phagan,as

Here is the extracted text from the image: positively and firmly; how did he make the statement? Give his language as well as you recollect it; if you do not recollect his language, what was the tenor of it?(A). Yes, he was bitter.7. (Q). Did you hear A. H. Henslee, of Monroe, Ga., between said dates, say anything about what the jury that tried Leo M. Frank for the murder of Mary Phagan would do if that jury did its duty; if so, what did he say, giving his language as nearly as you can recollect it, and if you

Here is the extracted text from the image: Georgia,Warfon County.State of Georgia, Vs. In the Superior Court of Fulton CountyLeo M. Frank. Georgia.Written questions to be propounded to J. J. Nunnally, Esq.,W. L. Ricker, Esq., Virgil Harris, Esq., andx x x x x x x x x x x x x x x x x x x x x1. (Q). Have you examined the attached clipping from theAtlanta Georgian of August 23, 1915, and particularly thelikeness in said clipping of A. H. Henslee?(A). Yes.2. (Q). Do you know A. H. Henslee?(A). Yes.3. (Q). Do you recall whether or not A.

Here is the extracted text from the image: Georgia, Muscogee County.State of Georgia, In the Superior Court of Fulton County,Vs. Georgia.Leo M. Frank.Before me, an officer authorized under the laws of Georgia to administer oaths, personally appeared 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.C. W. WozellR. P. Spencer,

Here is the extracted text from the image: EXHIBIT IIGeorgia, Fulton County.State of Georgia,Vs.In Fulton Superior Court.Leo M. Frank.Personally appeared the undersigned deponents, who, being duly sworn, depose and say that they are personally acquainted with C. P. Stough, of Atlanta, Fulton County, Georgia, and that they know him to be a man of high personal character, entirely trustworthy, and absolutely worthy of belief as to any statement made by him, whether on oath or otherwise.A. L. Guthman,L. P. Stephens,A. H. Van Dyke.Sworn to and subscribed before me,this 22nd day of Oct., 1913.C. W. Burke,N. P. Fulton Co., Ga.

Here is the extracted text from the image: EXHIBIT JJ.State of Georgia,County of Muscogee.Personally appeared before me, an officer duly authorized by law to administer oaths, the undersigned who, being sworn, deposes and says that he was head clerk at the New Albany Hotel (Albany Hotel Company, Proprietors), located at Albany, in said state and county, all during the months of June, July and August, 1913, and for several years prior to that time; and that attached hereto, marked "Exhibit A", is the register of guests at said hotel from the 20th day of June, 1913, to the 31st day

Here is the extracted text from the image: EXHIBIT KK.State of Georgia,County of Fulton.State of Georgia, No.Vs. MurderLeo M. Frank. Fulton Superior Court.Personally appeared Leo M. Frank who on oath deposes and states that he is the defendant above named that he did not know nor has he ever heard until the end of his trial in the above stated case that A. H. Henslee and Merceius Johenning had any prejudice or bias against deponent nor that they or either of them had ever said or done anything indicating that they believed in deponents guilt, or had any prejudice or

Here is the extracted text from the image: EXHIBIT M MGeorgia, Hancock County.State of Georgia,Vs.Leo M. Frank.In Superior Court of Fulton County,Georgia.To the Honorable Clerk of the Superior Court of HancockCounty, Georgia.This application shows the following facts:Heretofore a verdict of guilty was rendered in said case,judgment was passed by the Court, and motion for new trialwas filed in said case, which said motion for new trial is setfor hearing on Oct., 4th, 1913, before Judge L. S. Roan, Judgeof the Stone Mountain Circuit.It is shown that there are three parties who reside in Sparta,Hancock County, Georgia, to-wit: John W. Holmes,

Here is the extracted text from the image: Georgia, Hancock County.State of Georgia,Vs.Leo M. Frank,In Superior Court of Fulton County, Georgia.Questions to be propounded to Shem Gray of Sparta, Hancock CountyGeorgia.1. (Q). Have you examined clipping from the Atlanta Georgianof Aug. 26, 1913, hereto attached, showing a picture of thejury in the above stated case, and showing a likeness of JurorA. H. Henslee?(A). Yes.2. (Q). Are you personally acquainted with A. H. Henslee?(A). Yes.3. (Q). Did you or not hear A. H. Henslee, discussing thequestion of whether or not Leo M. Frank was guilty of the murderof Mary Phagan, between

Here is the extracted text from the image: 6. (Q). Did you not hear A. H. Henslee state in Sparta Ga., between the time of the death of Mary Phagan and the commencement of the trial of Leo M. Frank for the murder of Mary Phagan, that Leo M. Frank was guilty of the murder of Mary Phagan? (A). Yes.7. (Q). Did you not hear A. H. Henslee say that he believed Leo M. Frank was guilty of the murder of Mary Phagan, and further that he would bet one dollar or other sum, or would like to bet one

Here is the extracted text from the image: Georgia, Hancock County.State of Georgia,Vs.In Superior Court of Fulton County,Leo M. Frank.Georgia.Questions to be propounded to T. W. Johnson of Sparta, HancockCounty, Ga.1. (Q.) Have you examined clipping from the Atlanta Georgianof Aug. 26, 1913, hereto attached, giving a picture of the juryin the above stated case, and showing a likeness of Juror A. H.Henslee?(A.) Yes.2. (Q.) Are you personally acquainted with A. H. Henslee?(A.) I know him by sight.3. (Q.) Did you or not hear A. H. Henslee discussing thequestion of whether or not Leo M. Frank was guilty of the

Here is the extracted text from the image: to bet one dollar or other sum, that he, the said A. H. Hensleewould be put on the jury to try Leo M. Frank for the murder ofMary Phagan?(A). He said he had been drawn as a juror and might have toserve.8. (Q). State in full what is your business occupation, or ifmore than one, what are your business occupations?Work for Walker and Holmes.T. V. Johnson.Georgia CountyBefore me personally appeared T. V. Johnson who beingfirst duly sworn true answers to make to the above and foregoingwritten questions answered same as above set

Here is the extracted text from the image: Georgia, Hancock County.State of Georgia, In Superior Court of Fulton County,Vs. Georgia.Leo M. Frank.Questions to be propounded to John M. Holmes of Sparta, Hancock County, Georgia.1. (Q). Have you examined clipping from the Atlanta Georgian of Aug. 26, 1913, hereto attached, showing a picture of the jury in the above stated case, and showing a likeness of Juror A. H. Henslee?(A). Yes.2. (Q). Are you personally acquainted with A. H. Henslee?(A). Yes.3. (Q). Did you or not hear A. H. Henslee discussing the question of whether or not Leo M. Frank was

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: 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: 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: 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: 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 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: 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 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: 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 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 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: 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: 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: 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 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: 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: 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: 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: 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 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: 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 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 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 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 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 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-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 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 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: 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-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: 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: 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: 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-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 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: 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 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:---"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: 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: 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: 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 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: 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: 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: 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: 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: 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: 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: 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:---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: 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 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: 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: 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: 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: 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: 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: 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: 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: 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: (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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: " 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: 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: 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: 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:---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: 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: 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: 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: (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: to go and illustrate that affidavit when he says now on thestand that much of it was a lie, and that it did not happen thatway at all; that this evidence was of another transaction, not binding on this defendant.45. Because the Court declined to allow Dr. David Vaxx togive testimony in behalf of the defendant as to the character ofthe Jewish organization known as B'Nai Brith. Defendant's counselstated at the time that Dr. Vaxx would testify that while the B'Nai Brith was an international Jewish charitable organization,its charity did not extend

Here is the extracted text from the image: A. No sir.Q. You say you have never heard of any act of immorality on the part of Mr. Frank prior to April 26, 1913?A. No sir, I did not.Q. You never talked with Herne Stanton or H. V. Baker, the conductor or motorman?Q. I will put it that way then: you never heard that the Saturday before little Mary Phagan met her death, Mr. Frank went out on the Hapeville car on which Herne Stanton and H. W. Baker were in charge, and that he had his arm around the little

Here is the extracted text from the image: showed me where to put the pencils. Nobody was in there but Mr.Frank and Mary at the time I went in there. Mary was going to herwork when Mr. Frank stopped to talk to her. Mary told him thatshe had to go to work. Mr. Frank was talking about he was theSuperintendent of the pencil factory. He told her that hewas the Superintendent of the pencil factory and that hewanted to speak to her and she told him she had to go to workand I never did hear any more replies from

Here is the extracted text from the image: "The President ( of the Board Dr. Westmoreland) then addressedthe Board at length on his reasons for thinking that the Sec-retary should be requested to resign, the subjects dealt withbeing too numerous and too lengthy to be included here in theirentirety. After the President's address, the Board adjournedand reassembled again at four O'clock in the afternoon, at whichtime Dr. Harris' side of the controversy was heard."" The Secretary not having been present at what transpiredfollowing this was not in a position to take note as to theproceeding, but was informed by the

Here is the extracted text from the image: tion, which had been unanimously adopted by the Board on motion of Dr. Harbin, seconded by Dr. Brown--the resolution having been drawn by a committee appointed by the Board, consisting of Drs. Benedict, Taylor and Doughty.-" That the committee appointed to frame a resolution expressing the opinion of the Board with regard to the charges preferred against the Secretary by the President of the Board in a report to the Governor, and upon which they are called upon to act, beg to report as follows:" Resolved; That the members of the Board

Here is the extracted text from the image: President of the State Board of Health and Dr. Harris who hadbeen and was its Secretary. This row between the doctors statedis utterly immaterial and irrelevant and was harmful to thedefendant because it tended to discredit the testimony of Dr.Westmoreland who resigned from the Board and to sustain the testi-mony of Dr. Harris who remained as Secretary of the Board after Dr.Westmoreland's resignation.- 49. Because the court permitted the witness E. H. Pickettto testify over the objection made when the testimony was offeredthat it was wholly and entirely irrelevant, immaterial incom-petent, illegal

Here is the extracted text from the image: " I am a motorman for the Georgia Railway and Power Company,running on April 26, 1913, on Marietta to Stock Yards andDecatur street car. The Cooper and English ave., run is on thesame route from Broad and Marietta Street to Jones Ave., Prior toApril 26, 1913, the English Ave. car run by Waches and Hollis onit did run to Broad and Marietta streets ahead of time, howmuch ahead I cannot say positively. About April 28th and subse-quent thereto Waches and Hollis, in charge of the English Av-car, about twelve o'clock when they

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

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: 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: A. I didn't time him; he just came and looked and turned andwalked out.Q. Came in the dressing room?A. Just came to the door.Q. Came into the door of the dressing room?A. Yes.Q. How was Miss Ermille Mayfield dressed at that time?A. She had off her top dress, and was holding her old dress inher hand to put it on.Q. Now, you reported that to the forelady there?A. I did not but Ermille did.Q. Now did you talk or not to anybody or hear of anybody ex-cept Miss Ermille Wayfield talking about

Here is the extracted text from the image: Q. Now when was it that he run in there on Miss Ermile Mayfield?A. It was the middle of the week after we had started to work,I don't remember the time.Q. The middle of the week after you had started to work?A. Yes sir.Q. Was that the first time you ever heard of his going in thedressing room, or anybody?A. Yes.Q. That was the first time?A. Yes sir.Q. Then that was reported to this forelady?A. Yes sir.Q. Then when was the second time that you heard he went in there?A. He went

Here is the extracted text from the image: that room and stand and stare at them?A. Yes sir, I have heard something, but I don't rememberexactly.Q. You heard that, how often did you hear that talked?A. I don't remember.Q. You don't remember how often you heard them say he walkedin there and stood and stared at them?A. I don't remember.Q. You don't remember that; well now, you said about three timesthose things occurred, and you have given us two, MissWayfield and your sister, what was the other occasion?A. Miss Mamie Kitchens.Q. Miss Mamie Kitchens?A. Yes sir.Q. Mr. Frank walked in

Here is the extracted text from the image: A. No sir.Q. He didn't come in the room?A. He pushed the door open and stood in the door.Q. Stood in the door, what kind of dressing room was that?A. It was----just had a mirror in it, you mean to describe the inside?Q. Just describe it, was it all just one room?A. Yes sir, and there were a few lockers for the ladies.Q. A few lockers around the walls, a place where the girls changed their street dress and got into their working dress, and vice versa?A. Yes sir.Q. Now, what else

Here is the extracted text from the image: A. No sir.Q. Was that before or after he had been in the dressing room?A. I don't remember.Q. Well, he pushed the door open and stood in the door, did he?A. Stood in the door.Q. Looked in and smiled?A. Yes sir.Q. Didn't you say that?A. I don't remember now, he smiled or made some kind of a face which looked like a smile, like smiling at Ermile Mayfield.Q. At Ermile Mayfield, that day she was undressed?A. But he didn't speak, yes sir.Q. He didn't say a word, did he?A. No sir.Q. Did

Here is the extracted text from the image: of Mary Phagan was taken from the office floor to the cellar ofthe factory?Q. Now, Mr. Branch, take this exhibit and that picture, and takeup Conley now, and give every move he made?A. Am I to give you the time he arrived there? (Pencil Factory)Q. Yes, give the time he arrived.A. I will have to give that approximately; I was to be thereat 12 o'clock, and I was a few minutes late, and Conley hadn'tarrived there then, and we waited until they brought himthere, which was probably ten or fifteen minutes later,

Here is the extracted text from the image: A. No sir, I know the time I arrived there and the time Ileft the factory.Q. First, I want you to state what he said he did, and what hesaid Mr. Frank did, and then come to the time business?A. I don't quite understand what you told to do.Q. Just go ahead and tell what Conley said he said, and whatConley said Mr. Frank said, and show what Conley did the dayyou were over there, take it up right back here where the bodywas and go on with it, leaving out, however,

Here is the extracted text from the image: and carry it back, and he put the body on his shoulder and car-ried it back to this sawdust which is away back here, and thathe came on back and there was something else there which he saidhe threw on this trash pile, and Mr. Frank was up, he said, inthe cubby hole, he said, somewhere back there, and later helead us up there, and that Mr. Frank told him to run the elevatorup, so Conley and the officers and the rest of us who werewith him came up on the elevator,

Here is the extracted text from the image: Q. What time was it when Conley got there?A. I should judge it was about a quarter past twelve, I didn't look at my watch.Q. A quarter past twelve, what time did you get there.A. I must have gotten there five minutes before he did.Q. Then what time did you leave?A. I left about one o'clock.Q. What time did he begin?A. They rushed him right up the steps and probably two or three minutes after he got up there, he began this enactment, and he went very rapidly, in fact, we sort

Here is the extracted text from the image: Q. How much after one?A. I do not know, probably five or ten minutes.Q. One-ten then, now, how much of the time during that time you were there did it take Conley to act what he acted, leaving out the conversation he had with the different men?A. That would be a difficult thing for me to estimate, while he was acting, he was acting very rapidly, he kept us on the run.Q. All right, now, leave out now the time that it took this man to answer the questions that were put

Here is the extracted text from the image: 32. Because the Court erred in declining to allow the witnessMiss Hall to testify that on the morning of April 36th, andbefore the murder was committed, Mr. Frank called her over thetelephone, asking her to come to the pencil factory to do stenographic work, stating at the time he called her that he had so muchwork to do that it would take him until six o'clock that day toget it done.The defendant contends that this testimony was part of theres gestae and ought to have been heard by the Court, and fail-ure

Here is the extracted text from the image: A. No sir.Q. With J. M. Gantt, the man who was bookkeeper and was turned off there?A. No sir, I never told him any such thing.Q. No such thing ever happened?A. No sir.Mr. Arnold: Before the examination progresses any further, I want to move to rule out the witness said there wasn't any truth in it, but I want to move to rule out the questions and answers in relation to what he said Frank proposed to do to him right now. I think it is grossly improper and grossly immaterial; the

Here is the extracted text from the image: everybody knows are incompetent.The Court: Well, I sustain your objection.Mr. Arnold: If the effort is made again, your Honor, I amgoing to move for a mistrial. No man can get a fair trial withsuch innuendoes and insinuations as these made against him.The Court: Have you any further questions, Mr. Dorsey?Mr. Dorsey: That is all I wanted to ask him. I will bringGantt in to impeach him.The Court: Well, I have ruled that all out.Mr. Dorsey: Well, we will let your Honor rule on Gantt too.The assertion by the solicitor that this witness

Here is the extracted text from the image: sation with Mrs. Freeman and Miss Hall; this testimony was stronglydisputed by the solicitor. Lemmie Quinn's statement that he wasin Frank's office just before going into the rear, that wasof the greatest moment to the defendant, because it strongly tend-ed to dispute the contention of the State that Mary Phagan was kill-ed between twelve and half past.The Court erred in ruling out and declining to hear this, forthe reasons above stated. The testimony was relevant, material,and part of the Res gestae and should have been sent to the jury.35. Because the Court

Here is the extracted text from the image: The Court, over the objections of the defendant, on the groundsstated, permitted this testimony to go to the jury and in doingso erred.This was prejudicial to the defendant because the solicitorinsisted that the finding of the envelope and stick were con-cealed from the authorities.37. Because the Court erred in permitting the witness Leech,a street car inspector, at the instance of the solicitor andover the objections of the defendant that same was irrelevant,immaterial, and incompetent, to testify that he had seen streetcar men come in ahead of their schedule time. That he hadseen

Here is the extracted text from the image: This was prejudicial to the defendant, because the crew on the English Ave., car upon which the little girl, Mary Phagan, came to town, testified that she got on their car at ten minutes to twelve. That under their schedule they should reach the corner of Broad and Marietta Street at 7-1/2 minutes past twelve. That they were on their schedule time on April 26th and did reach that place at 12-07 or 12-07-1/2. What other crews did at other times or even what this crew did on other occasions was wholly

Here is the extracted text from the image: "When the witness Conley was brought to the jail Mr. Roberts came to the cell and wanted Frank to see Conley. I sent word through Mr. Roberts that Frank didn't care to see him. Mr. Frank knew that the detectives were down there and afterwards they brought Conley up there and of course Mr. Frank knew he was there. I knew and Mr. Frank knew he was there. Mr. Frank was at once side and I acted as spokesman. Mr. Frank would not see any of the city detectives. Frank gave as

Here is the extracted text from the image: absence of his own counsel, was evidence of guilt.46. (j). Because the court permitted Miss Mary Pirk to be askedthe following questions and to make the following answers oncross examination made by the Solicitor:Q. You never heard of a single thing immoral during that fiveyears--that's true? (Referring to the time she worked at thePencil Factory)A. Yes sir, that's true.Q. You never knew of his (Frank's) being guilty of a thing thatwas immoral during those five years--is that true?A. Yes sir.Q. You never heard a single soul during that time discuss it?A. No

Here is the extracted text from the image: ould acts of immorality with women be heard, even on crossexamination, as evidence of bad character, and reputation, uponFrank's trial for the murder of Mary Phagan.Lasciviousness is not one of the character traits involved in acase of murder and can not be heard in a murder trial, evenwhen the defendant has put his character in issue.41. Because the Court permitted the witness W. D. WcWorth totestify, at the request of the Solicitor General, over theobjection of the defendant made at the time the testimony wasoffered, that the same was immaterial." Mr. Pierce

Here is the extracted text from the image: defendant, made as above stated and in doing so committederror, for the reasons herein stated.This was prejudicial to the defendant, because the SolicitorGeneral, contended that his failure to sooner report the findingof the club and the envelope to the police were circumstances ag-ainst Frank. These detectives were not employed by Frank, but byFrank for the National Pencil Company, and movant contends thathe is not bound by what they did or failed to do.The Court should have so instructed the jury.43 (66) Because the Court permitted the witness Irene Jack-son, at the instance

Here is the extracted text from the image: crime he accompanied Mary Phagan from a point on Bellwood Ave.,to the center of the City of Atlanta, by showing that on April27th at the house of Epps, he asked George, together with hissister, when was the last time they saw Mary Phagan. In reply,the sister of Epps said she had seen Mary on the previousThursday, but the witness Epps said nothing about having come totown with Mary Phagan the day of the murder but did say he hadridden to town with her in the mornings of other days occasionallyUpon cross examination,

Here is the extracted text from the image: it was wholly immaterial as to what his custom previous to thattime had been.31. Because, during the trial the following colloquy took placebetween the solicitor and the witness Schiff:-Q. Isn't the dressing room back behind these doors?A. Yes, it is back behind these doors.Q. That is the fastening of that door, isn't it?A. Yes.Q. And isn't the dressing room back there then?A. That isn't the way it is situated.Q. It isn't the way it is situated?A. It is not, no, sir.Q. Why, Mr. Schiff, if this is the door right here and---A.

Here is the extracted text from the image: The Court admitted these samples of partly digested cabbagetaken from the stomach of others, as aforesaid, and in doing so,committed error for the reasons above stated, and for the further reason that there was no evidence, as the defendant's counselcontend, that the same circumstances and conditions surroundedthese other parties in the eating and digestion of the cabbageas surrounded Mary Phagan in the eating and digestion on herpart and no evidence that the stomachs of these other partieswere in the same condition as was Mary Phagan's.26. Because the Court, in permitting the witness,

Here is the extracted text from the image: above stated. This was prejudicial to the defendant, because itwas contended by the State that this witness, Harry Scott, whowas one of the Pinkerton detectives, and had been employed toferret out the crime, by Frank acting for the National PencilCompany, had not promptly informed the officials about the factof Mrs White's seeing this negro and that such failure was evidencepointing to the guilt of Frank.This witness was one of the investigators for the PinkertonDetective Agency, who was employed by Frank acting for theNational Pencil Company to ferret out this crime.28. Because the

Here is the extracted text from the image: the motion of defendant's counsel to rule out the testimony ofthe witness Conley tending to show acts of perversion on thepart of the defendant and acts of immorality wholly discon-nected with and disassociated from this crime. (Such evidencebeing set out and described in grounds 13 and 14 of this motion)The Court declined to rule out said testimony, and immediatelyupon the statement of the Court that he would let such testimonyremain in evidence before the jury, there was instant, pro-nounced and continuous applause throughout the crowded courtroom wherein the trial was being had,

Here is the extracted text from the image: witness Harris was upon the stand, the crowd laughed jeeringlywhen Mr. Arnold, one of the defendant's counsel, objected toa comment of the solicitor, and that, too, in the presence ofthe jury.And again,during the trial, when Mr. Arnold, one of thedefendant's course, objected to a question asked, the followingcolloquy took place:" Mr. Arnold: I object to that you Honor; that is, enteringthe orders on that book merely; that is not the questions heis asking now at all.The Court: What is the question he is asking now?(Referring to questions asked by the Solicitor General).Mr.