1043 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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about 3 a. m. about hearing the telephone ring. Mr. Black said something about whiskey to Mrs. Frank in Mr. Frank's presence. Mrs. Frank said Mr. Frank hadn't had any breakfast and we'd allow him to get breakfast. I told Mr. Black that I was hungry myself. Frank said let me have a cup of coffee, Mr. Black in a kind of slip, said, "I think a drink of whiskey would do him good," and Mrs. Frank made the remark that she didn't think there was any whiskey in the house. Mr. Frank seemed to be extremely nervous. His questions were jumpy. I never heard him speak in my life until that morning. His voice was a refined voice, it was not coarse. He was rubbing his hands when he came through the curtains. He moved about briskly. He seemed to be excited. 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 them 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 she works there until I look on my pay roll book, I know very few of the girls that work there - I pay them off, but I very seldom go back in the factory and I know very few of them, but I can look on my pay roll book and tell you if she is on the name of Mary Phagan works there." One of us suggested that we take Mr. Frank by the undertaking establishment and let him see if he knew this young lady. Mr. Frank readily consented, so we stopped at the telephone exchange. Mr. Frank, Mr. Black and myself got out and went in the undertaking establishment. I saw the corpse. The corpse was lying in a little kind of side room to the right of a large room. The light was not lit in this little room where the body was laying, and Mr. Ghesling stepped in ahead of me and went around behind the corpse and lit the light above her head and her head was lying then towards the wall. I stepped up on the opposite side of the corpse with a door to my left. Mr. Ghesling caught the face of the dead girl and turned it over towards me. I looked then to see if anybody followed me and I saw Mr. Frank step from outside of the door into what I thought was a closet, but I have afterwards found it was where Mr. Ghesling slept, or where somebody slept. There was a little single bed in there. I immediately turned around and came back out, in front of the office. I didn't see Frank 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. Ghesling 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 have looked at the corpse from the time that Mr. Ghesling was going around behind, but he could not have seen her face because it was lying over towards the wall. The face was away from me and I presume that was the cause of Mr. Ghesling turning it over. There was some question asked Mr. Frank if he knew the girl, and I think he replied