0268 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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GEORGIA, FULTON COUNTY.

EXHIBIT J.

State of Georgia, ( ) No. ......
Vs. ( ) Fulton Superior Court.
Leo M. Frank, ( )

Personally appeared W. P. Feill who makes this affidavit to be used on a motion for new trial in the above stated case.

Deposing he says on oath that he was present in the court room during the trial of Leo M. Frank, for the murder of Mary Phagan, for two full days during the trial and from time to time on other days; that at the time of the facts hereinafter stated, deponent was sitting just where the jury passed going from the jury box to the rear end of the court room, he was sitting on the front row of the spectator benches.

During the course of the trial deponent saw the jury pass to the jury box from the rear of the court room, the jury passed immediately by this deponent and also by a man, whose name is unknown to this deponent but who was a spectator in the court room, who was sitting about three feet from this deponent, just across an aisle, no one being between this man and deponent; as the jury passed this man, at the time specified, this man took hold of one of the jurors, he took the juror by the hand with one hand and grasped his arm with the other hand and made a statement to him, said something to the juror which this deponent did not understand sufficiently to be able to quote, but this deponent says that he made some statement to the juror while he had thus by the hand and arm.

Further deposing he says that this act was witnessed by Plennie Minor, so that deponent believes, for the reason that as soon as this happened, the said Plennie Minor immediately came back to this man and threatened to put him out of the court. Plennie Minor told this man that he, Plennie Minor, saw him, the man, take the juror by the hand and say something to him; the man remonstrated with Plennie Minor, and this deponent

184.