0226 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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(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 on the stand, at least differently in may particulars; that it cannot help the jury for Conley to go to illustrate affidavit when he says now on the stand that much of it was a lie, and that it did not happen that way at all; that this evidence was of another transaction, not binding upon this defendant.

The Court overruled the objection and admitted the testimony to the jury, and, in doing so, committed error, for the reasons above stated.

80. (aaa). 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 Waggie Griffin, to make the following answers:

Q. Are you acquainted with the general character of Leo M. Frank for lasciviousness, that is his relations with women?
A. Yes sir.

The Court admitted the above questions and answer, over objection of the defendant as above stated, and thereby erred for the reason stated.

81 (bbb). 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 Miss Myrtle Cato, to make the following answers:

Q. Miss Cato, I want to ask you one other question, also. Are you acquainted with the general character of Leo M. Frank