0174 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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sation with Mrs. Freeman and Miss Hall; this testimony was strongly
disputed by the solicitor. Lemmie Quinn's statement that he was
in Frank's office just before going into the rear, that was
of 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, for
the 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 permitted at the instance of the Solici-
tor General, the witness Sig Montag to testify over the objec-
tion of the defendant, made at the time the testimony was offered, that same was
irrelevant, immaterial, incompetent; that the National Pencil Co.,
employed the Pinkertons, that the Pinkertons have not been paid,
but have sent in their bills, that they sent them in two or
three times, that, otherwise, no request has been made for payment,
and that Pierce, of the Pinkerton Agency, has not asked the
witness for pay.

In permitting this testimony to go to the jury, over the
objections above stated, the Court erred.

The introduction of this evidence was prejudicial to the
defendant, for the reason that the solicitor contended that the
pay due the Pinkertons by the pencil company was withheld for the
purpose of affecting the testimony of the agents of that company.

36. Because the Court permitted, at the instance of the sol-
icitor the witness Sig Montag, to testify over the objection of
defendant, made at the time the testimony was offered that same
was irrelevant, immaterial and incompetent, that he got the reports
made on the crime by the Pinkertons and that they were made.
That these reports came sometimes every day and then they did
not come for a few days and then came again. That he practically
got every day's report; that he got the report about finding the
big stick and about the finding of the envelope, that he got
them pretty close after they were made; that he knew about them
having the stick and the envelope when he read the report. That
he did not request Mr. Pierce, representing the Pinkertons, to keep
from the police and the authorities the finding of the stick and
the envelope.
91.