0071 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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I was aiding the Sheriff, and as a deputy was stationed
immediately in the rear of the jury box. I was in position
to hear all that the jury could hear in the court room, and
at no time did I hear any applause, except what occurred in
open court, in the immediate presence of the Judge presiding
and which was officially noticed by him: No cheering from the
outside was heard, excepting during the polling of the jury,
after their verdict had been read. I observed no misconduct
on the part of any Juror, and no communication or attempt to
communicate with any member of the jury, except by the officers of
Court in the discharge of their official duties.

Plennie Miner, makes affidavit, deposing and saying as
follows:

I have seen the affidavit of P. R. Neill made for use in
the above stated case and I am the Plennie Miner referred to by
Neill in his affidavit; that the incident referred to by the said
Neill evidently did not happen in the way and manner described by
P. R. Neill but the following are the facts: On one occasion when
the jury were retiring from the box to their room in the east
end of the courthouse, I saw a spectator sitting who I thought
spoke to a member of the jury. He did not arise from his seat nor
did he take the juror by his arm nor by his hand nor did he other-
wise touch the juror but appeared to speak to some one and at the
time I thought said spectator addressed a member of the jury; I
immediately went to him for the purpose of taking him before the
Judge but he denied that he addressed the remark, which I did not
hear, to the Juror and the gentleman sitting next to him assured
me that this spectator was not addressing a member of the jury
and the two having assured me that I was mistaken and having been
thoroughly convinced that I was mistaken, I warned them that an
action on the part of a spectator in addressing the jury would be
a violation of the law and let the incident drop because of the
fact that I was fully convinced that the mistake was mine. This
described the incident as it really occurred; At no time any
where in my presence did any one other than the officers of the
law, acting within the discharge of their duty, address any