661 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:

W. J. COOK. 629

Mr. Bedgood moved for a change of venue on the grounds of the unusual calling of a special session of the Grand Jury to indict the defendants when said jury had adjourned. He also argued that the public mind had been prejudiced by sensational headlines in the evening papers on the day of the indictment. Additionally, he cited the reputation, character, influence, and standing of the mayor of the city, where nine-tenths of the population of Fulton County resides, and the great financial standing of Asa G. Candler, rendering it unlikely that the defendants could secure a just and fair hearing to which they are entitled. He further mentioned inflammatory articles against the defendants that had appeared in the daily papers, and an editorial in The Constitution. Said editorial, it was claimed, was prejudicial to the defendants and stated that it would not require a jury to clear Asa G. Candler with his own people.

The motion was denied by the Court.

A demurrer was filed on the grounds that the bill of indictment does not charge blackmail definitely enough, does not state the charge clearly, and does not put the defendants on sufficient notice as to what charge they have to enter a defense against. It was also pointed out that the indictment does not state whether or not Candler was married at the time of the alleged occurrence, but does state that Mrs. Hirsch was married.

The Court overruled the demurrer.

The Counsel for Defense filed a motion to quash the indictment because V. H. Kriegshaber, one of the grand jurors, was disqualified by reason of the stock he holds in the Georgia Railway and Power Company, of which corporation Asa G. Candler is a stockholder.

The Court overruled the plea.

The Prisoners thereupon pleaded not guilty.

The Assistant Solicitor said that they would sever the cases and elect to try Cook first.

The following jurors were selected and sworn: H. B. Barnett, George L. Hancock, John Barber, W. A. Brown, W. A. Brower, C. W. Dennis, A. K. E. Edwards, S. C. Forrester, B. L. Evell, F. J. Briggan, R. B. Ingram, and W. W. Jackson.

THE WITNESSES FOR THE STATE

Asa G. Candler: "As mayor of this city in the summer of 1917, Mrs. Atkinson called at my office and introduced the prisoner to me. They said they were getting up a raffle of an automobile for the..."

[Admitted to Bar, Colquitt County, Ga., 1892; has held no public office.]