0967 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows:

EXHIBIT LL.

Georgia, Fulton County,
State of Georgia, )
vs. ) In the Superior Court of Fulton County, Georgia.
Leo. M. Frank. )

To the Honorable George I. Bell,
Judge of the Fulton Superior Court:

This application is presented to the Court by Leo M. Frank, the defendant in the above stated case, and shows to the Court 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 in said case is now pending before Honorable L. S. Roan, judge of the Stone Mountain Circuit, and hearing set for October 4, 1913.

It is shown to this Court that there is a certain party in the City of Atlanta one, C. P. Stough, whose affidavit is desired by this defendant to be used as evidence on the motion for new trial, and that said C. P. Stough refuses to give said affidavit; and it is desired to take testimony of said C. P. Stough under Section 5918 of the Code of 1910 of the State of Georgia.

Wherefore, the premises considered, this application is made for the purpose of having this Court name a Commissioner to take testimony and for the purpose of having subpoenas issued as provided in said section of the Code requiring said C. P. Stough to be and appear before said Commissioner at a date and place named, to answer certain questions to be propounded to him by Counsel for said defendant.
This September 29th, 1913.

R. R. ARNOLD,
L. Z. ROSSER,
Defendants' Attorneys.

The foregoing application read and considered. It is ordered that Sig Teitlebaum act as commissioner in said case, in accordance with Section 5918 of the Code of Georgia of 1910.
This September 29th, 1913.

GEO. I. BELL,
Judge of Superior Court,
Atlanta Circuit.

EXHIBIT LI--(Continued)

Georgia, Fulton County,
State of Georgia, )
vs. ) In Fulton Superior Court
Leo. M. Frank. )

Written questions to be propounded to C. P. Stough, a witness for the defendant in the motion for new trial pending in said case, 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 in the 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.

147