Author: Historical Librarian


Introduction to the Leo Frank Trial Brief of Evidence, July 28th, 1913 to August 21st, 1913, in the Fulton County Superior Court, Atlanta, Georgia, USA

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  Leo Frank Trial Brief of Evidence, 1913 STATE OF GEORGIA VERSUS LEO M. FRANK In Fulton Superior Court, trial began July 28th and ended August 21st, 1913. Judge Leonard Strickland Roan, presiding. Conviction of murder at July term on August 25th, 1913 in Fulton Superior Court, Atlanta, Georgia. BRIEF OF THE EVIDENCE Introduction To Leo Frank Trial Brief  

0001 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

The visible text in the image is: REEL NO. 6.3911 This text suggests that the image is likely related to a film or video reel, specifically indicating the reel number "6.3911". This kind of labeling is common in film archives, libraries, or production environments where reels of film or video tapes are cataloged and identified by unique numbers.

0002 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image:---**Top Left Section:**FOR PHOTOGRAPHERS AND LABORATORY USE ONLYFilm this "TEST PATTERN" at the beginning of the book, volume or pages being microfilmed, after each "volume" and "to be continued". Center the Test Pattern at the reduction being used. Insert the reduction and the exposure ("red." and "exp.") with photocopy.Filmer ce "MODULE TEST" au commencement du livre, volume ou pages que l'on microfilme, après chaque "volume" et "à suivre". Centrer et filmer à la réduction utilisée. Inserer la réduction et l'exposition ("red." et "exp.") avec photocopy.Filme diesen "Prüf-Muster" (Test-Pattern) zum Beginn eines jeden Buches,

0003 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image:---**Department of Archives and History****330 Capitol Avenue****Atlanta****Georgia****30334****MICROFILM LAB****Georgia - Supreme Court****Supreme Court Case File****Leo Frank V. The State**Due to a high reference rate in the past and an anticipated high rate in the future, these portions of a much larger record series are filmed as a protection and as an aid to researchers.**Feb. 17, 1914 First Appeal 14162435**Bill of Exceptions or Enumeration of ErrorsBrief of EvidenceRecord of case**Oct. 14, 1914 Second Appeal 1423617**Brief of Evidence, original and amendedRecord of case including copy of first appeal**Nov. 14, 1914 Third Appeal 1426741**Record Group: Georgia Supreme

0004 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

The visible text in the image is:**BEGIN**Given the context of the image, which appears to be a title card or a screen from a film or video, it is likely that this image is from the beginning of a movie, video, or presentation. The word "BEGIN" suggests the start of something, possibly indicating the commencement of a film, a chapter, or a segment within a larger work. The style and presentation also hint at a vintage or retro aesthetic, which might suggest it is from an older film or a modern production aiming for a nostalgic feel.

0005 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: No. 8008Oct. Term, 1918.CRIMINAL Based on the extracted text, this document appears to be related to a legal or court case. Specifically, it seems to be a criminal case from the October Term of 1918, with the case number being 8008. The term "CRIMINAL" indicates that the case involves criminal law. The document might be part of court records or legal proceedings from that time period.

0006 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: State of Georgia, Fulton County.Be it remembered that at the July Term, 1913, of FultonSuperior Court,--His Honor, L. S. Roan, one of the Judges of theSuperior Court of the State of Georgia presiding--there came on tobe tried the case of the State of Georgia vs. Leo M. Frank,same being an indictment for murder. On the trial of said casethe jury found the defendant guilty without any recommendationfor imprisonment and the court imposed the death sentence upon thedefendant.At the same term at which said verdict was rendered,and in due and legal time, defendant

0007 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: R. L. Cremer makes the following affidavit, deposing and saying as follows: That he is a resident of Albany, Georgia; that he is acquainted with Mack Parkas, who works for Mr. Sam Parkas, who operates a livery stable and sales barn in Albany; that between the time of the murder of Mary Phagan and the trial of Leo M. Frank, exact date this deponent cannot state, deponent was standing in front of Mr. Sam Parkas' place of business on Broad Street, in the presence of Mack Parkas and others, including a party

0008 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: Julian A. Lehman, makes the following affidavit, deposing and saying as follows: that he is personally acquainted with A. H. Henslee, one of the jurors in the above case; that on June 2, 1915, between Atlanta, Ga., and Experiment, Ga., the said Henslee expressed his opinion that Frank was guilty of the murder of Mary Phagan, and that this was in deponent's presence and hearing; and in the hearing of other persons on the train at the time; the words used to the best of deponent's knowledge and recollection were-"Frank is as

0009 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: trial in said case ; that since the trial of said case and the verdict and sentence therein, it has come to their knowledge that two of the jurors who sat on said case, to-wit: M. Johenning and A. H. Henslee, were prejudiced, partial and biased against Leo M. Frank, the defendant as evidenced by affidavits attached to motion and hereinafter referred to; that said prejudice, partiality and bias were present on their part, when said Johenning and Henslee qualified as jurors in said case as shown by said affidavits, but that

MRS J W COLEMAN, Sworn In For The State, 1st To Testify

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MRS. J.W. COLEMAN, Sworn for the State.I am Mary Phagan's mother. I last saw her alive on the 26th day of April 1913, about a quarter to twelve, at home, at 146 Lindsey Street. She was getting ready to go to the pencil factory to get her pay envelope. About 11:30, she ate some cabbage and bread. She left home at a quarter to twelve. She would have been fourteen years old the first day of June, was fair complected, heavy set, very pretty, and was extra large for her age. She had on a lavender dress, trimmed in lace

0010 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: with H. Johenning, one of the jurors who served in the trial of LeoM. Frank for murder of Mary Phagan; that during May, 1915, said M.Johenning met deponent and deponent's daughter on Forsyth Street,Atlanta, Georgia, and then and there deponent said M. Johenning expressedto the deponent and deponent's daughter the firm belief that Leo M.Frank was guilty of the murder of Mary Phagan. This statement wasmade by M. Johenning forcefully and positively and as his profoundconviction.H. Q. Loevenhart makes the following affidavit, deposingand saying as follows: that for some eighteen months prior

0011 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: no knowledge whatsoever as to H. Johenning and A. H. Henslee, two ofthe jurors, being prejudiced, partial and biased in said case, asevidenced by the affidavits of B. B. Lovenhart, Mrs. J. C. Lovenhart,Miss Marian Lovenhart, S. Amon, Max Farkas, R. L. Gruner, John W. Holmes,S. H. Grey, S. M. Johnson, J. C. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I.

0012 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: no knowledge whatsoever as to H. Johenning and A. H. Henslee, two ofthe jurors, being prejudiced, partial and biased in said case, asevidenced by the affidavits of H. B. Lovenhart, Mrs. J. D. Lovenhart,Miss Marian Lovenhart, S. Aron, Max Marks, R. L. Grenary, John W. Holmes,S. H. Grey, S. H. Johnson, J. A. Innis, W. W. Walker, J. W. Coleman and C. B.Stough. Affiant did not know either of said jurors and had never seenor heard of them before; that he did not know until after the trialand did not have any

0013 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: room, he was sitting on the front row of the spectators benches; thatduring the course of the trial deponent saw the jury pass to thejury box from the rear of the court room, the jury passed immediate-ly by this deponent and also by a man, whose name is unknown tothis deponent, but who was a spectator in the court room, who wassitting about three feet from this deponent, just across an aisle, noone being between this man and deponent; as the jury passed this man,at the time specified, this man took hold

0014 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: the automobile approached the corner of South Pryor and East HunterStreets, he observed the Jurymen in the Frank case turn into SouthPryor from the east, out of East Fair St. Street, and deponent stoppedhis automobile to look at the jury, and while doing so noticed thatwalking alongside the jury were some six or seven other men. De-ponent was on the west side of South Pryor Street while the jury inthe above entitled case was walking north along the east side ofSouth Pryor Street. Deponent's brother, Sampson Kay, got out of theautomobile stating

0015 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: room there was also cheering in said court room. There was alsoapplauding in the course of Mr. Dorsey's speech a couple of times onsaid date.Miss Martha Kay makes the following affidavit, deposing andsaying as follows: that she is a resident of the City of Atlanta, liv-ing at #264 South Pryor Street; that on Monday morning, August 25,1913, the last day of the trial of the said Leo M. Frank, in the abovestated case, she was present in the court room in company with Mrs. A.Shurman, of #240 Central Avenue, before time/court to

0016 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: Samuel A. Boorstin makes the following affidavit, deposingand saying as follows: that on Friday evening, on the 22nd day ofAugust, 1915, at about 5 or 5:30 P.M., he was present at the courtroom of Fulton Superior Court, Judge H. Stonean presiding, during thetrial of the State vs. Leo M. Frank; and after adjournment, and whenthe jury had been taken from the court room, and shortly thereafter,the Solicitor General, Hugh M. Dorsey, had passed out of the courtroom, there was a large crowd waiting outside, through which the jurypassed, comprising, perhaps, no less

0017 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: had him. I could not see the man that was carried on the shoulders of the men very well, but was told that it was Dorsey. There was a this time fully three thousand men gathered around the court house, filling the streets on all sides of the court house. I only know Col. Dorsey by sight.J. H. Cochran makes the following affidavit, deposing and saying as follows that he is a resident of Atlanta, Georgia; he remembers the close of the trial of Leo M. Frank, and was present in front

0018 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: feet from the Kiser Building, and that both outside of the Cafe and in the Cafe, the cheering of the Solicitor General could be heard by any person.H. G. Williams, makes the following affidavit, deposing and saying as follows: that on the 26th day the Frank trial closed, and verdict of guilty was found by the jury against Leo M. Frank, accused of the murder of Mary Phagan, this deponent was on South Pryor Street, in front of the court house;This deponent saw Solicitor General Dorsey come from the Court House and

0019 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image:---Friday noon, before the above stated case went to the jury on Monday, he was present in the court room where the trial of Leo M. Frank was being held; that when court adjourned and the jury had left and gone to lunch he came out of the court house and there was loud cheering for "Dorsey", which lasted for several minutes. Deponent walked from the court house to his office on seventh floor of Temple Court Building, and when he reached his office some one asked deponent what all the racket or

GEORGE EPPS, Sworn In For The State, 2nd To Testify

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GEORGE EPPS, Sworn for the State.I am fourteen years old. I live right around the corner from Mary Phagan's home. I have known her about a year. The last time I saw her was Saturday morning coming to town on the English Avenue car. It was about ten minutes to twelve when I first saw her. I left her about seven minutes after twelve at the corner of Forsyth and Marietta Street. She had on that hat, parasol and things when I left her. She was going to the pencil factory to draw her money. She said she was going

0020 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: thenetary come out of the court house about six P. M.; that a fewminutes after the jury came out of the court house, Mr. Dorsey ap-peared in the entrance, whereupon a great cheer arose from the peoplecrowding in the streets and around the court house entrance; that atthat time deponent saw the jury about fifty feet from the entranceof the court house, the jury at the time crossing the street diagon-ally toward the German Cafe; that in the opinion of deponent the yellsand cheers would have been heard several blocks away; that

0021 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: Charles J. Moore makes the following affidavit, deposing and saying as follows: that he is an attorney at law, occupying room 301 on the 3rd floor of the Kiser Building, at the corner of Hunter and So. Pryor Streets; that on Friday, August 22nd, deponent was in his office and saw the jury come out of the court house entrance at about 6 P.M. that soon after Mr. Dorsey appeared in the court house entrance and a great cheering and yelling occurred by the crowd immediately opposite the entrance, and afterwards the

0022 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: in the Frank case, admits having made certain statements as to Frank'sguilt of the murder of Mary Phagan, but says these statements weremade after the trial of Leo M. Frank, and not before; they say thatso far as they know, the said Henslee has not been in Monroe, Georgia,since the trial of Leo M. Frank, and they reiterate the statementthat all statements made in their hearing by said Henslee, and testi-fied about by these deponents on September 27, 1915, were made beforethe commencement of the trial of Leo M. Frank for the

0023 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: the time, which was shortly after the Mary Phagan murder, almost everyone was discussing the murder, and this deponent was very much interested in the matter, as was everyone else; this deponent heard the man with Hemslee say to Hemslee "I don't believe Frank committed that murder; if he did, he is one Jew in a million, not one Jew in a million would commit such a crime"; and to this statement said Hemslee replied in deponent's hearing: "I believe he did kill the girl, and if by any chance I got

0024 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: that they are personally acquainted with Julian A. Lehman; and that said Lehman is a man of the highest personal and moral character, and reputation, and that he is entirely trustworthy, and worthy of belief, as to any statement made by him.G. W. Hasell and R. P. Spencer, Jr., make the following affidavit, deposing and saying as follows: that they are personally acquainted with Julian A. Lehman, and that said Lehman is a man of the highest personal and moral character, and reputation, and that he is entirely trustworthy and worthy of

0025 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: Frank, which is now pending in the Superior Court of Fulton County,Georgia.Leo M. Frank makes the following affidavit, deposing andsaying as follows; that he is.the defendant above.named; that he didnot know, nor has he ever heard until the end of his.trial in theabove stated case, that A. H. Henslee and Marcellus Johenning hadany prejudice or bias against deponent, nor that they, or either ofthem, has ever said or done anything indicating that they believedin deponent's guilt, or had any prejudice or bias against deponent.Shi Gray deposes and states by interrogatories issuedunder Section

0026 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: showing a picture of the jury in the above stated case,and showing a likeness of Juror A. H. Henslee. I know A. H.Henslee by sight. I have heard A. H. Henslee discussing the questionof whether or not Leo M. Frank was guilty of the murder of MaryPhagan, between the death of said Mary Phagan and the commencementof the trial of Leo M. Frank charged with the murder of Mary Phagan.Several parties were talking. Some said they thought Leo M. Frankwas guilty of the murder of Mary Phagan, others said they did not.Henslee

0027 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: I know A. H. Henslee, who served on the jury in the above stated case at the trial commencing July 28, 1913. I have known him about six or seven years. About the time that Conley was reported to have made a statement, I was coming into the city on a street car from the home of my daughter. Henslee was on the car, I heard him say this, in reference to Leo M. Frank's guilt of the murder of Mary Phagan: "I think he is guilty and I would like to

0028 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: 1912, and particularly the likeness of A. H. Henslee. I know A.H. Henslee. A. H. Henslee was in Monroe, Georgia, between the timeof the murder of Mary Phagan, as reported in the papers, and thetime of the commencement of the trial of Leo M. Frank for themurder of Mary Phagan, to-wit: July 28, 1913. What impressed mewas that Henslee was the most vehement in his expression as to theguilt of Leo M. Frank of the murder of Mary Phagan, of anyperson I had heard talk about it. The Phagan murder was, atthe

0029 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: The court also considered the following affidavits as acounter showing presented by the State, to-wit:F. E. WINBURN, makes affidavit deposing and saying as follows:That I was a juror on the Frank case; I did not knowpersonally either A. H. Henslee or M. Johenning, who were also jurorstrying this case, until after we were sworn in on said jury; I hadoccasion to and do know the conduct of these two men on the jury;at no time did either of them express themselves in a way to indi-cate that they were in the least

NEWT LEE COLORED, Sworn In For The State, 3rd To Testify

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NEWT LEE. (colored), sworn for the State.On the 26th day of April 1913, I was night watchman at the national Pencil Factory. I had been night watchman there for about three weeks. When I began working there, Mr. Frank carried me around and showed me everything that I would have to do. I would have to get there at six o'clock on week days, and on Saturday evenings I have to come at five o'clock. On Friday the 25th of April, 1913 he told me "Tomorrow is a holiday and I want you to come back at four o'clock." "I

0030 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: connected with the case, at any time, or that there had been any cheering in any way growing out of or connected with the Frank case, until after the verdict was rendered, and I was told about said incidents; the jury left the courtroom every time before the Judge, lawyers, and audience were permitted to leave, and there was never any applause or cheering either inside the court or outside of the court, within my knowledge, while the case was being considered; the jury, in leaving were always attended by the deputy

0031 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: THAT this cheering did not in anywise influence or affect theverdict which had already been made, nor did it have any influencewhatsoever. THAT deponent remained absolutely unaffected and un-influenced by the cheering or the surroundings and in answeringon the poll, deponent truthfully answered after he had heard thecheering that it was his verdict and in so answering sustainingthe verdict, he discharged his duty and now subscribes to the cor-rectness of the verdict as rendered. THAT neither on Saturday,August 23, 1913, nor on any other day or date, did any man or menother

0032 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: D. TOWNSEND makes affidavit, deposing and saying as follows:THAT he was one of the jurors who served on the abovestated case and heard the cheering which followed soon after thereading of the verdict of guilty in open court and which saidcheering was by parties outside of the court, and which cheeringoccurred during the time the jury were being polled in court;THAT at the time the cheering was heard, no objection whatsoever wasmade by anyone representing Leo M. Frank, or by Leo M. Frank himselfnor was any motion made at the time by

0033 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: -5-the said A.H.Henslee of the said M.J.Ochenning believed that Frankwas guilty until after the entire case had been heard and con-cluded and submitted to the jury, they at least did not so expressthemselves, or give vent to any other expression within my hearingor knowledge, indicating any bias or prejudice against the saidFrank; I did not know how A.H.Henslee stood on the issue untilafter the first ballot had been taken; then said Henslee made atalk and stated that he had cast a doubtful ballot; there wasone ballot marked "doubtful"; he explained to the

0034 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: --6--the roarTHAT we were usually taken direct from the courthouse to theGerman Cafe, located midway of the block on Pryor Street, op-posite from the courthouse, and it took us a very short timeto go there - I should estimate about three minutes at the outside.Upon reaching the German Cafe, we were taken directly to a privatedining room in the rear of the building and the door immediatelyclosed; after being shut up in this room, we never heard any soundsthat in the slightest resembled cheering or applause; the onlycheering that was heard at

0035 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: by the side of the Jury, and neither did anybody within myknowledge, ever speak to any juror at any time or place outsideof the presence of the court. THAT if any man evergrabbed any juror by the hand or held any conversation with anyjuror, the same was not in my presence; no man ever grabbed me bythe hand at the place referred to by W. P. Neill in his affidavitnor did I see or hear or know anything about any man grabbing anymember of the jury by the hand or saying anything

0036 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: --8--been heard and concluded and submitted to the jury, they atleast did not so express themselves or give vent to any otherexpression within my hearing or knowledge, indicating any biasor prejudice against the said Frank; I did not know how A.H.Henslee stood on the issue until after the first ballot had beentaken; then said Henslee made a talk and stated that he had cast adoubtful ballot; there was one ballot marked "doubtful"; he ex-plained to the jury why he cast this doubtful ballot and sub-mitted some suggestions with reference to the evidence;

0037 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: ---9---opposite from the courthouse, and it took only a very short timeto go there - I should estimate about three minutes at the outside.Upon reaching the German Cafe, we were taken directly to a privatedining room in the rear of the building and the door immediatelyclosed; after being shut up in this room, we never heard anysounds that in the slightest resembled cheering or applause; theonly cheering that was heard at any time while the case was beingconsidered was the cheering that arose shortly after the verdictof guilty was read, when there

0038 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: was, so far as I am concerned, and as to the other jurors, sofar as their deportment shows, I believe was rendered froman honest opinion, based on the law and evidence of the case.A. L. WISHEY makes affidavit, deposing and saying asfollows:THAT I was a juror on the Frank case; I did not knowpersonally either A. H. Henslee or M. Johenning, who were alsojurors trying this case, until after we were sworn in on saidjury; I had occasion to and do know the conduct of these two menon the jury at no

0039 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: ---11---of Henslee and likewise of each and every man on the jury:THAT I did not at any time, while a Juror, hear any applauseexcept such as occurred in open court, and which was heardby the Judge, jury and attorneys in the case; I did not knowthat there had been any cheering or anybody connected with thecase at any time or that there had been any cheering in any waygrowing out of or connected with the Frank case, until afterthe verdict was rendered, and I was told about said incidents.THAT on one occasion

L S DOBBS, Sworn In For The State, 4th To Testify

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L. S. DOBBS, Sworn for the State.I am Sergeant of police. On the morning of April 27th, about 3:25 a call came from the pencil factory that there was a murder up there. We went down in Boots Rogers' automobile. When we got there the door was locked. We knocked on the door and in about two minutes the negro came down the steps and opened the door and said there was a woman murdered in the basement. We went through a scuttle hole, a small trapdoor. The negro lead the way back in the basement, to a partition on

0040 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: anything that had the slightest resemblance to cheering, andI never heard any applause except that heard by the judge and onlyheard about the cheering after having been discharged from thecase; THAT neither on Saturday, August 23, 1913, nor on any otherday or date, did any man or men other than the bailiffs in chargeof the jury ever walk with or by the side of the jury, and neitherdid anybody within my knowledge, ever speak to any juror at anytime or place outside of the presence of the court; THAT if at anytime

0041 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: -13-in a way to indicate that they were the least bit prejudicedor biased, but each of these men, as did I and every othermember of the jury, deported themselves as honest, upright,prudent and impartial jurors; if either the said A.H.Hensleeor the said M.J.Chenning believed that Frank was guilty untilafter the entire case had been heard and concluded and sub-mitted to the jury, they at least did not so express themselves,or give vent to any other expression within my hearing orknowledge, indicating any bias or prejudice against the saidFrank; I did not know

0042 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: -14-were permitted to leave, and there was never any applause orcheering either inside of the court or outside of the courtwithin my knowledge, while the case was being considered;the jury, inclosing, were always attended by the deputysheriffs or bailiffs, one always going in front and one al-ways in the rear; we were usually taken direct from the cour-house to the German Cafe, located midway of the block on PryorStreet, opposite from the courthouse, and it took only a veryshort time to go there - I should estimate about three minutes -at the

0043 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: --15--or saying anything to any juror, or attempting to say anythingto any juror, and within my knowledge, there was no communi-cation at any time or place or in any shape, manner or formwith any juror, with any party on the outside; all communicationshad by the jury with outsiders, so far as I know, were throughthe bailiffs and said communications were authorized by thecourt and known to counsel on both sides of the case: THATso far as I am personally concerned, and so far as I know asto each and every juror on

0044 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: --16--doubtful ballot, and submitted some suggestions with reference to the evidence; up to that time, so far as I know, said Henslee had not intimated or expressed any opinion whatsoever with reference to any feature of the case; and I did not at any time while a juror, hear any applause except such as occurred in open court, and which was heard by the Judge, Jury and attorneys in the case; I did not know that there had been any cheering of anybody connected with the case at any time or that

0045 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: that arose shortly after the verdict of guilty was read, whenthere was cheering both on Hunter and Pryor Streets, and saidcheering was loud and long; with the exception of this cheering,I never heard anything that had the slightest resemblance tocheering, and I never heard any applause except as heard bythe Judge and only heard about the cheering after having been dis-charged from the case; THAT neither on Saturday, August 23, 1913,nor on any other day or date, did any man or men other than thebailiffs in charge of the jury, ever walk

0046 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: --18--Mrs.Jernie G.Lovenhart and Miss Miriam Lovenhart, both made before the same Burk aforesaid and on the day aforesaid, THAT the facts are these with reference to this: THAT I never having expressed to the said Lovenhart or any one else any opinion with reference to the guilt or innocence of said Frank, except as hereinafter set out: THAT some time about two weeks before the Frank case was/set for trial - which, if my memory serves me right, was about the latter part of June, 1913 - I had a casual conversation

0047 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: --19--J.T. OZBURN makes affidavit, deposing and saying asfollows:THAT I was a juror on the Frank case; I did not knowpersonally either A.H.Henslee or M.Joehenning, who were alsojurors trying this case, until after we were sworn in on saidjury; I had occasion to and do know the conduct of these twomen on the jury; at no time did either of them express themselvesin a way to indicate that they were in the least bit prejudicedor biased, but each of these men, as did each and every othermember of the jury, deported themselves as

0048 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: had been any cheering of anybody connected with the case at anytime, or that there had been any cheering growing out of or con-nected with the Frank case, until after the verdict was rendered,and I was told about said incidents; the jury left the courtroom every time before the Judge, lawyers, and audience were per-mitted to leave, and there was never any applause or cheeringeither inside of the court or outside of the court, within myknowledge, while the case was being considered; the jury, in leaving,were always attended by the deputy sheriffs

0049 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: any man grabbing any member of the jury, by the hand or sayinganything to any juror, or attempting to say anything to any jurorand within my knowledge there was no communication at any time orplace or in any shape, manner or form, with any juror, with anyparty on the outside; all communications had by the jury with out-siders, so far as I know, were through the bailiffs, and saidcommunications were authorized by the court and known to counselon both sides of the cases TFAT so far as I am-personally con-cerned, and so

J N STARNES, Sworn In For The State, 5th To Testify

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J. N. STARNES, Sworn for the State.I am a city officer. Went to the pencil Company's place of business between five and six o'clock, April 27th 1913. The pencil company is located in Fulton County, Georgia, and that's where the body was found. The staple to the back door looked as if it had been prized out with a pipe pressed against the wood. There was a pipe there that fitted the indentation on the wood. I called Mr. Frank on the telephone, and told him I wanted him to come to the pencil factory right away. He said he

0050 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: --22--a talk and stated that he cast a doubtful ballot; there was oneballot marked "doubtful"; he explained to the jury why he castthis doubtful ballot, and submitted some suggestions with referenceto the evidence; up to that time, so far as I know, said Hensleehad not intimated or expressed any opinion whatsoever with re-ference to any feature of the case, except as above; THAT as toM.J.Schenning, so far as I was able to judge from his conduct anddeportment, said J°Schenning was an upright, honest, fair, pru-dent, impartial and conscientious juror, imbued with only

0051 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: --23--when there was cheering both on Hunter and Pryor Streets, andwild cheering was loud and long; with the exception of thischeering, I never heard anything that had the faintest re-semblance to cheering, and I have never heard any applauseexcept that heard by the Judge and only heard about THIRTYother cheering after having been discharged from the case.THAT the cheering which occurred just after the reading ofthe verdict in said case occurred during the time the jurywere being polled by the Court: THAT at the time the cheeringwas heard no objection whatsoever was

0052 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: --24--other juror, or attempting to say anything to any juror, exceptas above and within my knowledge there was no unauthorized com-munication at any time or place or in any shape, manner or form,with any juror, with any party on the outside, all communicationshad by the jury with outsiders, so far as I know, were throughthe bailiffe, and said communications were authorized by thecourt, and known to counsel on both sides of the case; THAT sofar as I am personally concerned, and so far as I know, as to eachand every juror on

0053 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: --25--or bias, either for or against the said Leo M.Frank, and thatwas absolutely true; furthermore I stated that my mind wasperfectly impartial between the State of Georgia and Leo M.Frank, accuse of Murder; that answer given under oath, wasabsolutely true; my attitude toward the case was that of an im-partial, unprejudiced man, seeking only to do my duty as a citizenand as a Juror, with a due appreciation of the fact that a man'slife or liberty must not be taken except the State produce evi-dence to overcome the presumption of innocence which

0054 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: --26--committed the crime ought to be hung, whether Frank or any other person; the conduct of the entire jury after they were empannelled and sworn, was that of honest, upright, and impartial jurors; no member of the jury, including myself, while knowledge, ever expressed an opinion of the guilt or innocence of Leo M.Frank during the trial, until after all the evidence was in, speeches in and the court had charged us to render a verdict; as illustrating the attitude which I occupied in this case, I will say that when it

0055 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: -277-doment give any date when I was supposed to have made the re-marks attributed to me; but I was not in Albany from June 2nd.,and 3rd., 1913 at which time I was there, until September 18th.,1913;if at any time between April 26th. 1913, and July 28th., 1913, Iever saw Moak Farkas in Albany or elsewhere and had a conversation withhim, I have absolutely forgotten it; I do know that I did not seethis man Moak Farkas on my trip to Albany June 2nd., 1913 and June 31913; I did see Sam Farkas

0056 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: --28--Ga., spending the night of June 2nd., at the New Albany Hotelin Albany, Ga. THAT said Lehman does not state where it was thatthe said statement was made by me on June 20th.,1913. I unqualifiedlystate, that I never on June 20th.,1913, or on any other date, madeany such statement to Lehman or to anyone else; On June 19th., 1913,I was at Opelika, Ala, and Columbus, Ga., and on the 20th., I wasat Columbus, Chipley and Cataula, Ga., and drove from Cataula toWaverly Hall by private conveyance and from Waverly Hall I went

0057 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: in the City of Atlanta, say "I am glad they indicted the Goddamn Jew", they ought to take him out and lynch him, and if Iget on that jury I will hang that Jew sure." I emphaticallydeny that I used any such expression at any time or place; I am amember of the Elk's Club; said Club has among its members a largenumber of Jewish people, many of whom are my friends. I neverentertained any prejudice or animus against the Jewish people, oragainst any one of them, and I did not make

0058 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: at this time, anything more than the headlines of the newspapersand I had not formed any opinion based on newspaper reports orcasual rumor as to whether or not Frank was the man guilty of thecrime, and I did not express myself in the language attributedto me by the said Ricker or any other language; nor did I knowthat the public sentiment was so strong against Frank that he wouldnot be able, if acquitted, to get out of the City of Atlanta alive, andI positively and emphatically deny that I ever made use

0059 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image:---- 31 -H.Shi Gray, S.M.Johnson, and John M.Holmes on rendering the verdict of "Guilty"; I was introduced by Mr.Holmes to their many friends and acquaintances as having been one of the jurors on the Frank case; I furthermore stated on this occasion which I refer to, namely, September 2nd., 1913, that said Frank was a moral degenerate and apervert; I based this statement on the evidence adduced upon the trial; before that I did not have any knowledge or information whatsoever which would have warranted me in surmising that Frank was a degenerate

W W ROGERS, Sworn In For The State, 6th To Testify

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W. W. ROGERS, sworn for the State.I am now connected with Judge Girardeau's court. I was at the station house Saturday night, April 26th, 1913 and went to the National Pencil Company's place of business. It was between five and five thirty that I heard Mr. Starnes have a conversation over the phone. I heard him say, "If you come I will send an automobile after you." It took us five or six minutes to get out to Mr. Frank's residence at 86 E. Georgia Avenue. Mr. Black was with me. Mrs. Frank opened the door. She wore a heavy

0060 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: Stated in my recollection, until September 2nd, 1915, that Ihave ever expressed any opinion, anywhere, at any time priorto this trial, that Leo M. Frank was guilty. I do not remember;I never had any prejudice against the said Leo M. Frank, and Inever had any fixed opinion, or entertained any kind of opinionof the merits of the case until I heard the evidence; and Iqualified as a juror with an unbiased mind, and with a disposi-tion to readily yield and conform to the evidence, and to be con-trolled absolutely by the law

0061 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: outside of the courthouse; I did not hear any applause in thecourtroom that I now recall, except as above stated; I do not re-call what occasioned any laughter, except that occasioned by thecross examination of Jim Connelly by Mr.Rosser, counsel for Frank;I laughed myself, as did the audience and all of the jury, whenConnelly told Mr.Rosser how he spelled certain brands of pencilsand other words; I laughed and the audience laughed when B.Daltontold Mr.Rosser when and where he was born, stating that he wasthere but could not remember; also in conjunction with

0062 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: anything about it if anything like that took place and I didnot hear the sheriff speak to anyone about it; there was no com-munication at any time or place in any shape, manner or formwith me from the outside after the jury was empaneled and so faras I know, there was no communication with any juror except let-ters which came through the sheriff or bailiff and which were bythe court permitted; and I never read any letter, or communicationof any character that had not been opened before it came to methrough the

0063 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: walking two abreast, said jury following immediately behinddeponent Pennington: THAT Deponents have read the various affi-davits which deal with alleged cheering of the Solicitor General ashe left the court house on said Friday afternoon August 22, 1913;opponents under oath they did not hear any demonstration of any kind on said afternoon, nor did theyhear any applause for the Solicitor General or for any one else;THAT when court adjourned on Saturday, August 23, 1913, soonafter the noon hour, deponents took the jury from the court-house northward along Pryor street; they did not, on

0064 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: said six or seven men or any other number of men talk to thejurors or any of them, on South Pryor Street, or the German Cafe,or at their rooms at the Kimball House, or elsewhere, at anytime, between the time the jury was impanelled and the time whenit was discharged after having finally rendered its verdict inthe said case, so far as deponents know or believe; at no timeand in no place did deponents see any member of the jury in thiscase communicate with, or attempt to communicate, with any one ex-cepting

0065 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: he occupied an anteroom to the court-room in which said case was tried directly across the hallway from the jury room; that in leaving the jury box, and retiring to the jury room, it is necessary to pass through three doors; that deponent knows of the occasion of the applause in the court room when the Judge declined to rule out and exclude the evidence of Jim Conley as to two certain acts of degeneracy and perversion on the part of Leo M. Frank, the defendant; deponent was present in the court

0066 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: M. Johenning makes the following affidavit, deposing and saying as follows: That he was one of the jurors who served on the above stated case and heard the cheering which followed soon after the reading of the verdict of guilty in open court, and which said cheering was by parties outside of the court, and which said cheering occurred during the time the jury were being polled by the court.At the time the cheering was heard no objection whatsoever was made by anyone representing Leo M. Frank or by Leo M. Frank

0067 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: the reading of the verdict, while the jury was being polled, Deponentsays that at no time did he see any one appeal to or attempt to speakto any member of the jury, except officers of court in the dischargeof their duty. Deponent further states that he never at any timewitnessed or knew of any misconduct on the part of any member of thejury, but states, under oath, that at all times, when in his presenceeach member of the jury deported himself as an upright, honorable andconscientious juror, seeking to faithfully discharge his

0068 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: to Judge, the jury at all times, when he was present, deported themselves as honest, honorable, conscientious, unbiased and unprejudiced jurors, and at no time were any of said jurors guilty of any misconduct, within his presence or knowledge.Drew Liddell makes the following aff. & vit, deposing and saying as follows: that he is a deputy sheriff of Fulton county, Georgia and was on duty constantly during the trial of the above stated case. On Friday, August 22nd, and Saturday, August 23, 1913, deponent, with other deputies, accompanied the jury to and

0069 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: C.J.Bosshardt makes affidavit as follows: I have read the affidavit of J.T.Osburn, executed on Oct.16,1915,and hereby adopt said affidavit of said Osburn, and that the said allegations contained in said affidavit are true and correct. C.J.Bosshardt makes affidavit as follows: I am one of the jurors who sat on the above stated case, and heard the cheering which followed and after the reading of the verdict of guilty in open court,and which said cheering was by parties outside of the court, and which cheering occurred during the time the jury was being

MISS GRACE HICKS, Sworn In For The State, 7th To Testify

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MISS GRACE HICKS, sworn for the State.I knew Mary Phagan nearly a year at the pencil factory. She worked on the second floor. I identified her body at the undertaker's Sunday morning, April 27th. I knew her by her hair. She was fair skinned, had light hair, blue eyes and was heavy built, well developed for her age. I worked in the metal room, the same room she worked in. Mary's machine was right next to the dressing room, the first machine there. They had a separate closet for men and a separate one for ladies on that floor. There

0070 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: W. H. Howard, J.C.Gallier, T.W.Cochran, P.L.Cordy, J.E.,Howard, J.D.Lookridge and C.O.Summers each make affidavit that theyknow A. H. Henslee, one of the jurors who served in the case of theState of Georgia, vs. Leo M. Frank; that each of the witnesses is ac-quainted with the general character of the said A. H. Henslee, andthat the general character and reputation of the said Henslee is good,and from his general character and reputation, each of deponents wouldbelieve the said A.H.Henslee on oath.H. Pitts & L. Lyle, T. J. Webb, and John H. Kelley, each makeaffidavit

0071 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: I was aiding the Sheriff, and as a deputy was stationedimmediately in the rear of the jury box. I was in positionto hear all that the jury could hear in the court room, andat no time did I hear any applause, except what occurred inopen court, in the immediate presence of the Judge presidingand which was officially noticed by him: No cheering from theoutside was heard, excepting during the polling of the jury,after their verdict had been read. I observed no misconducton the part of any Juror, and no communication or attempt

0072 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: member of the jury individually or the jury collectively fromthe time the jury was impanelled until they had rendered their vverdict and had been discharged. I am the Deputy Sheriff regular-ly assigned to the Criminal division of Fulton County SuperiorCourt and was on duty and in charge of the courtroom during theentire time Leo M. Frank was on trial; I have read theaffidavit of Mrs. A. Shurman and others with reference to thecheering on the outside of said courtroom during Friday andSaturday and Monday, the last three days of the trial. I

0073 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: xxk any spectator or person at or around the said courthouse, duringthe trial of Leo M. Frank other than the officers of the law, tohave in their possession or on their person any pistol or armsof any kind or character.W. F. Medcalf, makes affidavit, deposing and sayingas follows:I was a Juror on the Frank case. I did not knowpersonally either A. H. Henslee or L. L. Johenning, who were alsojurors, trying this case, until after we were sworn in on saidjury. I had occasion to and do know the conduct of these

0074 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: conscientiousness of Johenning is true of Henslee and likewiseof each and every man on the jury; I did not at any time, whilea juror, hear any applause except such as occurred in open court,and which was heard by the Judge, jury and attorneys in the case;I did not know that there had been any cheering of anybodyconnected with the case at any time or that there had been anycheering in any way growing out of or connected with the Frankcase, until after the verdict was rendered, and I was told aboutsaid incidents;

0075 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: my presence. No man ever grabbed me by the hand at the placereferred to by W. P. Weill in his affidavit, nor did I see orhear or know anything about any man grabbing a member of the Juryby the hand or saying anything to any juror, or attempting tosay anything to any juror, and within my knowledge, there was nocommunication at any time or place or in any shape, manner, or form,with any juror, with any party on the outside. All communicationhad by the Jury with outsiders, so far as I know,

0076 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: for new trial and said amendment to the motion for new trial beingparts of the record in said case, and reference being hereby had tothe same; and movant further specifies as to each error complainedof that the court failed and refused to grant a new trial upon eachand every ground contained in said motion for new trial and theamendment thereto, reference being hereby had to the same as if fullyembodied herein, the same being of record.Defendant further excepts to said judgment overruling themotion for new trial and alleges error therein in not

0077 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: 9th. The Judgment of the Judge refusing a new trial insaid case.This ____ day of ____ 1913./s/ Reuben R. Arnold/s/ Leonard HaasAttorneys for Leo M. Frank,Plaintiff in Error,Address, Atlanta, Ga.I do certify that the foregoing Bill of Exceptions is trueand contains and specifies all of the evidence and specifies all ofthe record material to a clear understanding of the errors complainedof; and the Clerk of Fulton Superior Court is hereby ordered to makeout a complete copy of such parts of the record in said case asare in this Bill of Exceptions specified,

0078 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

The visible text in the image appears to be handwritten and somewhat difficult to decipher due to the quality of the image. However, I can make out the following: 12 of November 1847Received of Wm. H. English Given the date and the formal structure of the text, it is likely that this document is some form of receipt or official record from the mid-19th century. The mention of "Received of" suggests it could be a receipt or acknowledgment of some transaction or payment made to Wm. H. English on November 12, 1847.

0079 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: GEORGIA, Fulton County.I Hereby Certify, That the foregoing Bill of Exceptions, hereunto, attached, is- the true original Bill of Exceptions in the case stated, to-wit :Leo M. FrankPlaintiff in Error.VSThe State of GeorgiaDefendant in Error.and that a copy hereof has been made and filed in this office.Witness my signature and the seal of Court affixedthis the 15th day of November 1913.Clerk Superior Court Fulton County, Georgia.Ex-Officio Clerk City Court of Atlanta. This document appears to be a legal certification from Fulton County, Georgia, related to a Bill of Exceptions in a court

JOHN R BLACK, Sworn In For The State, 8th To Testify

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JOHN R. BLACK, sworn for the State.I am a city policeman. I don't know the details of the conversation between Mr. Starnes and Mr. Frank over the 'phone. I didn't pay very much attention to it. I went over to Mr. Frank's house with Boots Rogers. Mrs. Frank came to the door. Mrs. Frank had on a bath robe. I stated that I would like to see Mr. Frank and about that time Mr. Frank stepped out from behind a curtain. His voice was hoarse and trembling and nervous and excited. He looked to me like he was pale. I

0080 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: Filed in officeClerk. 191Filed in officeClerk. 191Bill of ExceptionsState of GeorgiavsWill FrankCase No.Albany Circuit,Term, 191 Based on the extracted text, this document appears to be a "Bill of Exceptions" from a legal case in the State of Georgia. The case involves the State of Georgia versus Will Frank, and it was filed in the Albany Circuit Court in the year 1911. A Bill of Exceptions is typically a legal document used to preserve objections or points of law for appeal in a court case.

0081 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: BILL OF EXCEPTIONSTHE STATESUPREME COURT OF GEORGIA.OCTOBER TERM, 1898.CRIMINAL DOCKET NO. 1052FILED IN OFFICE NOV 15 1898CLERKFRANK Based on the extracted text, this document appears to be a "Bill of Exceptions" from a legal case. It is associated with the Supreme Court of Georgia, specifically from the October term of 1898, and it is listed under the criminal docket number 1052. A Bill of Exceptions is typically a legal document used to preserve objections or issues for appeal, indicating that this document is likely part of an appeal process in a criminal

0082 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: FileNo. Atlanta Circuit Term, 191Leo M. FrankVERSUSThe State of GeorgiaTranscript of RecordFiled in office. 191 Clerk.DAILY REPORT CO., PRINTERS, ATLANTA Based on the extracted text, this document appears to be a "Transcript of Record" from a legal case. The case involves Leo M. Frank versus The State of Georgia, and it is associated with the Atlanta Circuit court during a term in 1911. Leo M. Frank was a notable historical figure involved in a highly publicized trial in the early 20th century in the United States, which suggests that this document is

0083 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: 10852Frank & State(INDEX.)Bill of Indictment.............................1Plea...........................................1Verdict.........................................3Sentence........................................3Motion for New Trial...........................4Amended Motion for New Trial...................5Certificate of Court...........................7Order Overruling Motion for New Trial..........237Charge of the Court............................238Approval of the Court..........................239Brief of the Evidence..........................244 Based on the extracted text, this document appears to be an index or table of contents for a legal case file. It lists various components of the legal proceedings, such as the bill of indictment, plea, verdict, sentence, motions for a new trial, court certificates, orders, charges, approvals, and briefs of evidence. This suggests that the document is related to a criminal or legal

0084 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: (BILL OF INDICTMENT.)The State, No. 9410,Vs. Fulton Superior Court,Leo M. Frank. May Term 1913.True BillL. H. Beck, Foreman,24th day of May 1913.Hugh M. Dorsey, Sol. Gen'lJ. N. Starnes, Prosecutor.STATE OF GEORGIA,FULTON COUNTY.The Grand Jurors, selected, chosen and sworn for the County ofFulton, to-wit;1. J. H. Beck, Foreman,2. A. D. Adair, Sr.,3. F. P. H. Akers,4. B. F. Bell,5. J. G. Bell,6. Sol. Benjamin,7. Wm. E. Besser,8. C. M. Brown,9. O. A. Cowles,10. Walker Dunson,11. Geo. A. Gershon,12. S. C. Glass,13. A. L. Guthman,14. C. M. Kains,15. R. R. Hubbard,16. R. R. Hash,17.

0085 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: and there choking her, the said Mary Phagan with a cord placedaround her neck, contrary to the laws of said State, the goodorder, peace and dignity thereof.Hugh M. Dorsey, Sol. Gen'l.J. N. Starnes, Prosecutor.Fulton Superior Court 1913.WITNESSES FOR THE STATE.J. W. Hurt, Dr.L. S. Dobbs, (Police)J. N. Starnes "R. P. Barrett,W. W. Rogers,Harry Scott,B. B. Haslett,Grace Hicks,E. F. Holloway,N. V. Darley,H. L. Parry,J. M. Gantt,William A. Gheesling.Copy Bill of indictment and list of witnesses before GrandJury, waived before arraignment. Full panel Waived.Roeser and Brandon,R. R. Arnold,Herbert Haas, Deft's Att'ys.2. This document appears

0086 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: (P L E A.)July Term 1913.The defendant Leo M. Frank, waives being formally arraigned, and pleads not guilty.F. A. Hooper,E. A. Stephens andRush W. Dorsey,Sol. Gen'l.Rosser and Brandon,R. R. Arnold,Herbert Haas,Deft's Att'ys.-------------------(VERDICT.)We, the jury, find the defendant guilty.Date August 25th, 1913.F. E. Winburn, Foreman. This document appears to be related to a legal proceeding, specifically a criminal trial. It indicates that Leo M. Frank, the defendant, waived formal arraignment and pleaded not guilty. The document lists the names of the attorneys involved, both for the prosecution (F. A. Hooper, E. A. Stephens,

0087 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: (SENTENCE.)The State, No. 9410.Vs. (1.) Indictment for Murder. Fulton SuperiorLeo M. Frank. (1.) Court, May Term, 1913, Verdict of (1.) Guilty, July Term, 1913. Aug. 25, 1913.Whereupon, it is considered, ordered and adjudged by the Court that the defendant, Leo M. Frank, be taken from the bar of this court to the common jail of the county of Fulton, and that he be safely there kept until his final execution in the manner fixed by law.It is further ordered and adjudged by the Court that on the 10th day of October, 1913,

0088 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: (MOTION FOR NEW TRIAL.)State of Georgia,Vs.Leo M. Frank.(1). Conviction of Murder.(1). In Fulton Superior Court.(1). Motion For New Trial.And now comes the defendant in the above stated case and moves the court for a new trial upon the grounds following, to-wit:1. The verdict is contrary to the evidence.2. The verdict is contrary to the law.3. The verdict is against the weight of the evidence.4. The court, over the objection of the defendant, heard evidence of other transactions and tending to establish other crimes and offenses, wholly separate and distinct from the charge

0089 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: In the meantime let the execution of the court's sentence besuspended. It is further ordered, that until such time as thismotion may be heard and decided, that the movant have fullleave to amend this motion for new trial.This 26th day of August, 1913.L. S. Roan,Judge S. C. St. W. Ct. PresidingFiled in office this the 26th day of August, 1913.F. V. Myers, D. ClerkGEORGIA, FULTON COUNTY.Service acknowledged, copy received all other andfurther service waived. This Aug. 27th, 1913.F. A. Hooper,Hugh M. Dorsey,E. A. StephensSolicitor General Fulton County, Georgia.We further agree to the

JAMES MILTON GANTT, Sworn In For The State, 9th To Testify

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JAMES MILTON GANTT, sworn for the State.From June last until the first of January I was shipping clerk at the National Pencil Company. I was discharged April 7th by Mr. Frank for alleged shortage in the pay roll. I have known Mary Phagan when she was a little girl. Mr. Frank knew her, too. One Saturday afternoon she came in the office to have her time corrected, and after I had gotten through Mr. Frank came in and said, "You seem to know Mary pretty well," No, I had not told him her name. I used to know Mary when

0090 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Here is the extracted text from the image: (AMENDED MOTION.)GEORGIA, FULTON COUNTY.State of Georgia, No.Vs. Fulton Superior Court.Leo M. Frank. July Term, 1913.And now comes the defendant in the above stated cause, LeoM. Frank, and amends his motion for new trial heretofore filed inthis case, and says:That the verdict in the above stated case should be set asideand a new trial granted for the following reasons, to-wit:1. Because the Court erred in permitting the solicitor to proveby the Witness, Lee, that the detective Black talked to him, thewitness, longer and asked him more questions at the police stationthan did Mr.

MRS J A WHITE, Sworn In For The State, 10th To Testify

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MRS. J. A. WHITE, sworn for the State.I saw my husband at the pencil factory at 11:30. I stayed there until about 10 minutes to 12. I left him there and came back about 12:30 and left again about 1 o'clock. When I got there at 11:30 I saw Miss Hall, the stenographer, Mr. Frank and two men. I asked Mr. Frank if I could see my husband Mr. White. Mr. Frank was in the outside office then. He said I could see him and sent word by Mrs. Emma Freeman for him to come downstairs. My husband came to

HARRY SCOTT, Sworn In For The State, 11th To Testify

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HARRY SCOTT, sworn for the State.I am Superintendent of the local branch of the Pinkerton Detective Agency. I have worked on this case with John Black, city detective. I was employed by Mr. Frank representing the National Pencil Company. I saw Mr. Frank Monday afternoon, April 28th, at the pencil factory. We went into Mr. Frank's private office. Mr. Darley and a third party were with us. Mr. Frank said, "I guess you read in the newspapers about the horrible crime that was committed in this factory, and the directors of this company and myself have had a conference and

MISS MONTEEN STOVER, Sworn In For The State, 12th To Testify

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MISS MONTEEN STOVER, sworn for the State.I worked at the National Pencil Company prior to April 25th, 1913. I was at the factory at five minutes after twelve on that day. I stayed there five minutes and left at ten minutes after twelve. I went there to get my money. I went in Mr. Frank's office. He was not there. I didn't see or hear anybody in the building. The door to the metal room was closed. I had on tennis shoes, a yellow hat and a brown rain coat. I looked at the clock on my way up, it

ROBERT P BARRETT, Sworn In For The State, 13th To Testify

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ROBERT P. BARRETT, sworn for the State.I am a machinist for the National Pencil Company. I have been there about eight weeks. On Monday morning, April 28th, I found an unusual spot that I had never seen before at the west end of the dressing room on the second floor of the pencil factory. That spot was not there Friday. The spot was about 4 or 5 inches in diameter and little spots behind these from the rear, 6 or 8 in number. I discovered these between 6:30 and 7 o'clock Monday. It was blood. It looked like some white

MELL STANFORD, Sworn In For The State, 14th To Testify

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MELL STANFORD, sworn for the State.I have been working at the National Pencil Company a little over two years. I swept the whole floor in the metal room on Friday, April the 25th. On Monday thereafter I found a spot that had some white haskoline over it on second floor near dressing room. That wasn't there on Friday when I swept between 9 and 12 o'clock. I use a small broom in sweeping. I saw a big cane broom standing by the waste metal room on Monday about six feet from where the blood was found. The spot looked to

GEORGE W JEFFERSON, Sworn In For The State, 15th To Testify

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GEORGE W. JEFFERSON, sworn for the State.I worked at the National Pencil Company. We saw blood on the second floor in front of the girls' dressing room on Monday. It was about as big as a fan, and something white was over it. I didn't see that blood there Friday. Yes, there are cords in the polishing room, used to tie pencils with. They are hung up on a post in the polishing room. The spots were dark red in color. These cords are taken off the pencils and we throw them on a nail. We don't untie the knots.

B B HASLETT, Sworn In For The State, 16th To Testify

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B. B. HASLETT, sworn for the State.I went to Mr. Frank's house Monday morning after the murder, about 7 o'clock. I went out there and got him and took him to the station house. He was at the station house two or three hours. I told him Chief Lanford wanted to see him.CROSS EXAMINATION.I saw Mr. Rosser and Mr. Haas at the station house about 8:30 or 9 o'clock. Mr. Black and I both went out for Mr. Frank Monday morning. We took him to the station house and turned him over to Chief Lanford. They had Mr. Frank in

E F HOLLOWAY, Sworn In For The State, 17th To Testify

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E. F. HOLLOWAY, sworn for the State.I am day watchman at the National Pencil factory-worked there two years. I was there on April 26th, from 6:30 a. m. till 11:45. I look after the elevator and freight that come in and out and people that come in and out. As to what I did to the elevator on that Saturday, I didn't do anything except that when Mr. White and Mr. Denham were working on the top floor, I started the elevator up and ripped up a plank for them. The elevator was locked when I sawed that plank for

N V DARLEY, Sworn In For The State, 18th To Testify

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N. V. DARLEY, sworn for the State.My name is N. V. Darley. I am manager of the Georgia Cedar Company, a branch of the National Pencil Company. I have charge of the manufacturing and labor in the Forsyth Street plant. Mr. Sig Montag is my superior. Mr. Frank and I are of equal dignity in the factory. I was at the National Company's factory on Saturday, April 26th. I saw Mr. Frank and left about 9:40 in the morning. I was there Sunday morning at about 8:20. I saw Mr. Frank that morning. Observed nothing unusual when I first saw

W F ANDERSON, Sworn In For The State, 19th To Testify

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W. F. ANDERSON, sworn for the State.I was at police headquarters Saturday, April 26th. I got a call from the night watchman at the pencil factory. He said a woman was dead at the factory. I asked him if it was a white woman or a negro woman. He said it was a white woman. We went there in an automobile, shook the door and Newt Lee came down from the second floor and carried us back to the ladder that goes down through the scuttle hole. About 3:30 I called up Mr. Frank on the telephone and got no

G C FEBRUARY, Sworn In For The State, 20th To Testify

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G. C. FEBRUARY, sworn for the State.I was present at Chief Lanford's office when Leo M. Frank and L. Z. Rosser were there. I took down Mr. Frank's statement stenographically. I don't remember Frank's answers in detail, Mr. Rosser was looking out of the window most of the time. He didn't say anything while I was in there. This (Exhibit B, State), report is correct report of what Mr. Frank said. It was made on Monday, April 28th.CROSS EXAMINATION.I believe Mr. Rosser and Mr. Frank were in the room when I came in. It was sometime in the forenoon. I

ALBERT MCKNIGHT, Sworn In For The State, 21st To Testify

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ALBERT Mc Knight, sworn for the State.My wife is Minola Mc Knight. She cooks for Mrs. Selig. Between 1 and 2 o'clock on Memorial Day I was at the home of Mr. Frank to see my wife. He came in close to 1:30. He did not eat any dinner. He came in, went to the sideboard of the dining room, stayed there a few minutes and then he goes out and catches a car. Stayed there about 5 or 10 minutes.CROSS EXAMINATION.Mrs. Selig and Mrs. Frank were present when Mr. Frank came in. I was in the cook room. There

MISS HELEN FERGUSON, Sworn In For The State, 22nd To Testify

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MISS HELEN FERGUSON, sworn for the State.My name is Helen Ferguson, I worked at the National Pencil Company on Friday the 25th. I saw Mr. Frank Friday, April 25th, about 7 o'clock in the evening and asked for Mary Phagan's money. Mr. Frank said "I can't let you have it," and before he said anything else I turned around and walked out. I had gotten Mary's money before, but I didn't get it from Mr. Frank.CROSS EXAMINATION.When I got Mary's money before I went up there and called my number and called her number, and I got mine and hers.

R L WAGGONER, Sworn In For The State, 23rd To Testify

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R. L. WAGGONER, sworn for the State.I am a city detective. On Tuesday, April 29th, from ten thirty until a little after 11 in the morning I was in front of the pencil factory on the other side of the street. I would continually see Mr. Frank walk to the window and look down and twist his hands when he would come to the window looking down on the sidewalk. He did this about 12 times when I was there in about 30 minutes. I was in the automobile with Mr. Frank and Mr. Black and his leg was shaking.

J L BEAVERS, Sworn In For The State, 24th To Testify

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J. L. BEAVERS, sworn for the State.I am Chief of Police of the City of Atlanta. I was at the pencil factory on Tuesday, April 29th, and saw what I took to be a splotch of blood on the floor right near this little dressing room on office floor, seemed to be as big as a quarter in the center and scattered out in the direction of this room near the door. There was one spot and some others scattered around that.CROSS EXAMINATION.It may have been Monday that I was at the pencil factory. I don't know whether it was

R M LASSITER, Sworn In For The State, 25th To Testify

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R. M. LASSITER, sworn for the State.I am a city policeman. On Sunday morning, April 27th, I found a parasol in the bottom of the elevator shaft. It was lying about the center of the shaft. I also found a ball of rope twine, small wrapping twine, and also something that looked like a person's stool.CROSS EXAMINATION.I noticed evidence of dragging from the elevator in the basement. As I passed the rear door at 12 o'clock, the door was closed. The umbrella was not crushed. I found it between 6 and 7 o'clock in the morning. The elevator comes down

L 0 GRICE, Sworn In For The State, 26th To Testify

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L. 0. GRICE, sworn for the State.My name is L. 0. Grice. I was at the National Pencil Company's place on Sunday morning, April 27th 1913. A small sized man, defendant here, attracted my attention, on account of his nervousness.CROSS EXAMINATION.I was called as a witness in this case one week after it started. I told some of my friends about Mr. Frank's nervousness and they advised me to go to Dorsey. I never knew or saw Mr. Frank before. When we were told of how the little child was murdered, it excited me some.RE-DIRECT EXAMINATION.I don't recall trembling any.

MELL STANFORD, Sworn In For The State, 27th To Testify

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MELL STANFORD, sworn for the State (re-called).The door in the rear part of the factory on the second floor on Friday evening was barred. There is no way in the rear of the building to come down to the second floor when the door is barred except the fire escape, and you have to be on office floor to undo the door. The area around the elevator shaft on the first floor near the hole and radiator was cleaned up after the murder. It was the early part of the week after the murder.CROSS EXAMINATION.I didn't clean it myself. I

W H GREESLING, Sworn In For The State, 28th To Testify

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W. H. GREESLING, sworn for the State.I am a funeral director and embalmer. I moved the body of Mary Phagan at 10 minutes to four o'clock, April 27th, in the morning. The cord (Exhibit C, State) was around the neck. The knot was on the right side of the neck and was lying kind of looped around the head. It wasn't very tight at the time I moved it. There was an impress of an eighth of an inch on the neck. The rag (Exhibit D, State) was around her hair and over her face. The tongue an inch and

DR CLAUDE SMITH, Sworn In For The State, 29th To Testify

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DR. CLAUDE SMITH, sworn for the State.I am physician and City Bacteriologist and Chemist. These chips (Exhibit E, State) appear to be the specimen which the detectives brought to my office and which I examined. They had considerable dirt on them and some coloring stain. On one of them I found some blood corpuscles. I do not know whether it was human blood. This shirt (Exhibit E for State) appears to be the same shirt brought to my office by detectives which I examined. I examined spots and it showed blood stain. I got no odor from the arm pits

DR J W HURT, Sworn In For The State, 30th To Testify

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DR. J. W. HURT, sworn for the state.I am County Physician. I saw the body of Mary Phagan on Sunday morning, the 27th of April. She had a scalp wound on the left side of her head about 2 and 1/2 inches long, about 4 inches from the top to the left ear through the scalp to the skull. She had a black contused eye. A number of small minor scratches on the face. The tongue was protruding about a half an inch through the teeth. There was a wound on the left knee, about 2 inches below the knee.

DR H F HARRIS, Sworn In For The State, 31st To Testify

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DR. H. F. HARRIS, sworn for the State.I am a practicing physician. I made an examination of the body of Mary Phagan on May 5th. On removing the skull I found there was no actual break of the skull, but a little hemorrhage under the skull, corresponding to point where blow had been delivered, which shows that the blow was hard enough to have made the person unconscious. This wound on the head was not sufficient to have caused death. I think beyond any question she came to her death from strangulation from this cord being wound around her neck.

C B DALTON, Sworn In For The State, 32nd To Testify

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C. B. DALTON, sworn for the State.I know Leo M. Frank, Daisy Hopkins, and Jim Conley. I have visited the National Pencil Company three, four or five times. I have been in the office of Leo M. Frank two or three times. I have been down in the basement. I don't know whether Mr. Frank knew I was in the basement or not, but he knew I was there. I saw Conley there and the night watchman, and he was not Conley. There would be some ladies in Mr. Frank's office. Sometimes there would be two, and sometimes one. May

S L ROSSER, Sworn In For The State, 33rd To Testify

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S. L. ROSSER, sworn for the State.I am a city policeman. On Monday, April 28th, I went out to see Mrs. White. On May 6th or 7th was the first time I knew Mrs. White claimed to have seen a negro at the factory on April 26th. These are the same chips we had at factory. The club was not on floor by elevator the day I searched the place. I had a flash light and searched for everything. I would have seen it had it been there.CROSS EXAMINATION.I made no inquiry of her about this before. She volunteered the

JAMES CONLEY, Sworn In For The State, 34th To Testify

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JAMES CONLEY, sworn for the State.I had a little conversation with Mr. Frank on Friday, the 25th of April. He wanted me to come to the pencil factory that Friday morning that he had some work on the third floor he wanted me to do. All right, I will talk louder. Friday evening about three o'clock Mr. Frank came to the fourth floor where I was working and said he wanted me to come to the pencil factory on Saturday morning at 8:30; that he had some work for me to do on the second floor. I have been working

C W MANGUM, Sworn In For The State, 35th To Testify

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C. W. MANGUM, sworn for the State.I had a conversation with Mr. Frank at the jail about seeing Conley and confronting him. Conley was on the fourth floor. Chief Beavers, Chief Lanford and Scott came down to see Mr. Frank with Conley and asked me if they could see him. I went to Frank and told him the men were there with Conley and wanted to talk with him if he wanted to see them. He said, "No, my attorney is not here and I have nobody to defend me." He said his lawyer was not there; that no one

W W MATTHEWS, Sworn In For The Defendant, 36th To Testify

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W. W. MATTHEWS, sworn for the Defendant.I work for the Georgia Railway & Electric Co. as a motorman. On the 26th day of April I was running on English Avenue. Mary Phagan got on my car at Lindsey Street at 11:50. Our route was from Bellwood to English Avenue, down English Avenue to Kennedy, down Kennedy to Gray, Gray to Jones Avenue, Jones Avenue to Marietta, Marietta to Broad, and out Broad Street. From Lindsey Street to Broad Street is about a mile and a half or two miles. We make frequent stops. We were scheduled to arrive at Marietta

W T HOLLIS, Sworn In For The Defendant, 37th To Testify

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W. T. HOLLIS, sworn for the Defendant.I am a street car conductor. On the 26th of April I was on the English Avenue line. We ran on schedule that day. Mary Phagan got on at Lindsey Street at about 11:50. She is the same girl I identified at the undertakers. She had been on my car frequently and I knew her well. No one else got on with her at Lindsey Street. Epps did not get on with her. I took up her fare on English Avenue, several blocks from where she got on. And no one was sitting with

HERBERT G SCHIFF, Sworn In For The Defendant, 38th To Testify

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HERBERT G. SCHIFF, sworn for the Defendant.I am assistant superintendent of the National Pencil Co.; I have been with the company about five years. Part of my duties was to get up data for the financial sheet. I occupied the same office as Mr. Frank. I took a trip on the road on the first Saturday in January. All of the company's money except the petty cash was kept over at Montag Bros. office at the general manager's office, Mr. Sig Montag. All mail of the company is received at Montag Bros. The men in Mr. Montag's office made the

JOEL C HUNTER, Sworn In For The Defendant, 39th To Testify

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JOEL C. HUNTER, sworn for the defendant.I am a public accountant, engaged in the profession ten or fifteen years. I have examined the financial sheet said to be made by Leo M. Frank. I examined a copy and then checked it against the original. In order to find out how long it would take a person to make out these reports, I went through the calculations. I did not make out the sheets. I verified the extensions and calculations on the financial sheet (Defendant's Exhibit 2). I found them correct within a decimal. There is one item a decimal is

C E POLLARD, Sworn In For The Defendant, 40th To Testify

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C. E. POLLARD, sworn for the Defendant.I am an expert accountant. I was called into this matter for the purpose of seeing the length of time it would take to gather these figures and get the result on the financial sheet and other papers that were furnished me. I studied each sheet and when I was sure of what the result would be I would lay that sheet down and make a copy of it. I would take time myself for each operation. There was a discrepancy of one and one-half gross on the factory records in the figures, out

MISS HATTIE HALL, Sworn In For The Defendant, 41st To Testify

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MISS HATTIE HALL, sworn for the defendant.I am a stenographer for the National Pencil Company. I do most of the work in the office of Montag Bros. Whenever it is necessary I go down to the National Pencil factory and do work there. I saw Mr. Frank about ten o'clock of the morning of April 26th, at Montag Bros., when he came over there that morning. He came in Mr. Sig Montag's office, where I was taking dictation and I told him that I didn't know whether I would be able to go over there that morning or not, as

MISS CORINTHIA HALL, Sworn In For The Defendant, 42nd To Testify

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MISS CORINTHIA HALL, sworn for the Defendant.I work in the finishing up department of the pencil factory. I am a forelady. I was at the factory on April 26th, I got there about 25 minutes to twelve. I had to come to town on the East Lake car and got to town about 11:30 and it took me about five minutes to reach the factory. Mrs. Emma Clarke Freeman was with me. She had spent the night with me. We went there after her coat and to telephone, to call up Mrs. Freeman's husband. We went up to the fourth

MRS EMMA CLARKE FREEMAN, Sworn In For The Defendant, 43rd To Testify

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MRS. EMMA CLARKE FREEMAN, sworn for the Defendant.I married on April 25th. I worked at the pencil factory before that, at the time I was married. I was paid off on April 25th by Mr. Schiff. On the 26th I reached the factory with Miss Hall about 25 minutes to 12. I saw Mr. Frank at his office. He was talking to two men when we went in. Mrs. White and Mr. Frank's stenographer were also in the office. Mr. Frank gave us permission to go up on the fourth floor to get my coat. While we were going up

MISS EULA MAY FLOWERS, Sworn In For The Defendant, 44th To Testify

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MISS EULA MAY FLOWERS, sworn for the Defendant.I did not work at the factory on Saturday, April 26th. I worked there Friday, the 25th, in the packing department. Mr. Schiff got from me the data for the financial sheet on Friday night at ten minutes to six. It was the production for the entire week from my department. It covers all the different classes of work where the goods were finished.CROSS EXAMINATION.I always turn those reports in Friday night or early Saturday morning. They don't touch Friday's work.MISS EULA MAY FLOWERS, Sworn In For The Defendant, 44th To Testify

MISS MAGNOLIA KENNEDY, Sworn In For The Defendant, 45th To Testify

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MISS MAGNOLIA KENNEDY, sworn for the Defendant.I have been working for the pencil factory for about four years, in the metal department. I drew my pay on Friday, April 25th, from Mr. Schiff at the pay window. Helen Ferguson was there when I went up there. I was behind her and had my hand on her shoulder. Mr. Frank was not there, Mr. Schiff gave Helen Ferguson her pay envelope. Helen Ferguson did not ask Mr. Schiff for Mary Phagan's money. I came out right behind Helen Ferguson. We waited for Grace Hicks and then went down stairs. Helen didn't

WADE CAMPBELL, Sworn In For The Defendant, 46th To Testify

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WADE CAMPBELL, sworn for the Defendant.I have been working for the pencil factory for about a year and a half. I had a conversation with my sister, Mrs. Arthur White, on Monday, April 28th. She told me that she had seen a negro sitting at the elevator shaft when she went in the factory at twelve o'clock on Saturday and that she came out at 12:30, she heard low voices, but couldn't see anybody. On April 26th, I got to the factory about 9:30. Mr. Frank was in his outer office. He was laughing and joking with people there, and

LEMMIE QUINN, Sworn In For The Defendant, 47th To Testify

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LEMMIE QUINN, sworn for the Defendant.I am foreman of the metal department. Barrett pointed out to me where he claimed to have found blood spots on the metal room floor. He asked me whether I thought that he (Barrett) would get the reward if Frank were convicted. He told me that several people told him that he had a good chance to get the reward. He said a fellow told him that he would get $2700 one time and $4500 the other time. He mentioned that reward to me on several occasions. The floor of the metal room is very

HARRY DENHAM, Sworn In For The Defendant, 48th To Testify

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HARRY DENHAM, sworn for the Defendant.I work on the fourth floor of the pencil factory. I was paid off Friday, April 25th. I came back Saturday to do some work. Mr. Darley asked me to come back. I had to work on the machinery when it was not running. That was the only time I could do it. I got there about 7:30. Mr. Holloway was there when I got there. Between 12 and 1 o'clock I was working on the varnish machine. We were hammering. We worked until ten minutes after 3. We began to take an old partition

MINOLA MCKNIGHT C, Sworn In For The Defendant, 49th To Testify

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MINOLA Mc Knight (coloured), sworn for the Defendant.I work for Mrs. Selig. I cook for her. Mr. and Mrs. Frank live with Mr. and Mrs. Selig. His wife is Mrs. Selig's daughter. I cooked breakfast for the family on April 26th. Mr. Frank finished breakfast a little after seven o'clock. Mr. Frank came to dinner about 20 minutes after one that day. That was not the dinner hour, but Mrs. Frank and Mrs. Selig were going off on the two o'clock car. They were already eating when Mr. Frank came in. My husband, Albert Mc Knight, wasn't in the kitchen

EMIL SELIG, Sworn In For The Defendant, 50th To Testify

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EMIL SELIG, sworn for the Defendant.I am Mr. Frank's father-in-law. My wife and I live with Mr. Frank and his wife. The kitchen in our house is next to the dining room. There is a small passage way between them. The sideboard in the dining room is in the same position now, as it has always been. Mr. Frank took breakfast before I did on April 26th and left the house before I breakfasted. I got back home to dinner about 1:15. My wife and Mrs. Frank were eating then. They told me in the morning to come home a

MRS EMIL SELIG, Sworn In For The Defendant, 51st To Testify

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MRS. EMIL SELIG, sworn for the Defendant.I am Mrs. Frank's mother-in-law. Mr. and Mrs. Frank have been living with us two years. The sideboard is in the same position it always has been except when we sweep under it. We had lunch on April 26th after 1 o'clock, about ten minutes past one. Mr. Frank came about twenty minutes past one while we were eating. He sat down with us and ate. Mrs. Frank and I left before he did. We left about half past one. He was still eating at the table. After the opera, while we were on

MISS HELEN KERNS, Sworn In For The Defendant, 52nd To Testify

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MISS HELEN KERNS, sworn for the Defendant.I work for the Dodson Medicine Company as stenographer. My father works for Montag. I took shorthand under Professor Briscoe last winter. I have seen Mr. Frank in his factory. I went there with Professor Briscoe to get a job. I didn't get the position. I was working on the 26th day of April for Bennett Printing Company. That day I got off about 12 o'clock. I then went around in town to the different stores and did some trading. I had an appointment to meet a girl at 1:15 at the corner of

MRS A P LEVY, Sworn In For The Defendant, 53rd To Testify

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MRS. A. P. LEVY, sworn for the Defendant.I live right across the street from where Mr. Frank lives. I am not a relation of his either by blood or marriage. I saw him get off a car on Memorial Day between one and two o'clock. I was dressing to go to the matinee and was watching the cars as they passed to look out for my son who was late to dinner and saw Mr. Frank get off the car and cross the street to his home. I had a clock on my dresser and also one in the dining

MRS M G MICHAEL, Sworn In For The Defendant, 54th To Testify

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MRS. M. G. MICHAEL, sworn for the Defendant.I live in Athens. On April 26th, I was at 387 Washington Street at 2 o'clock, at the residence of my sister Mrs. Wolfsheimer. Mrs. Frank is my niece by marriage. I am no kin to Mr. Frank. I saw Mr. Frank about 2 o'clock on April 26th. He was going up Washington Street towards town when I first saw him. I remembered it was about 2 o'clock, because my son David was going to the matinee and he had to leave home before 2, and he had just left a few minutes

JEROME MICHAEL, Sworn In For The Defendant, 55th To Testify

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JEROME MICHAEL, sworn for the Defendant.I live in Athens. I was in Atlanta on April 26th. I took dinner at Mrs. Wolfsheimer's residence at 387 Washington Street. I saw Mr. Frank upon that day between five minutes to 2 and 2 o'clock. I know it was that time because I had an engagement with a young lady and I had a watch in my hand most of the time. My brother Dave had just left for the opera when Mr. Frank came up. When I first saw him he was going toward the right hand corner of Washington Street and

MRS HENNIE WOLFSHEIMER, Sworn In For The Defendant, 56th To Testify

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MRS. HENNIE WOLFSHEIMER, sworn for the Defendant.I am the aunt of Mrs. Frank. I live at 387 Washington Street, the third house from the corner of Georgia Avenue. On April 26th, I saw Mr. Frank in front of my house. It was about 2 o'clock. We had finished dinner which we ate at half past one. I was not on the porch when he came up but I walked out on the porch after he came. I did not see him catch the car as I was called in the house before he left. I saw nothing unusual about him.

JULIAN LOEB, Sworn In For The Defendant, 57th To Testify

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JULIAN LOEB, sworn for the Defendant.I live at 380 Washington Street, across the street from the Wolfsheimer residence. I am a cousin of Mrs. Frank. I saw Mr. Frank on April 26th in front of the Wolfsheimer residence. I was there when he came by. It was between 1:50 and 2 o'clock. He was talking to Mrs. Michael and Mr. Jerome Michael and was inviting them to attend a meeting of the B'nai B'rith lodge on the next day which was Sunday. He was president of that lodge. He left and walked towards town up Washington Street towards Glenn. I

COHEN LOEB, Sworn In For The Defendant, 58th To Testify

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COHEN LOEB, sworn for the Defendant.I was on the car with Mr. Frank going back to town on April 26th after lunch. I caught the car at Georgia Avenue and Washington Street. He caught the car at Glenn and Washington Street which is one block nearer town. That was about 2 o'clock. It was a Washington Street car which goes straight up Washington Street to the Capitol and turns down Hunter. We sat together on the same seat in the car. Mr. Frank got off the car about two or three minutes before I did. He got off in front

H J HINCHEY, Sworn In For The Defendant, 59th To Testify

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H. J. HINCHEY, sworn for the Defendant.I have known Mr. Frank between four and five years. I am mechanical engineer for the South Atlantic Blow Pipe Co. I saw Mr. Frank on April 26th opposite the main entrance to the Capitol on Washington Street. I was driving an automobile. He was on the street car coming down Washington Street going to town. I saw him but did not speak to him. It was between 2 and 2:15. As to how I knew that was the time after this matter came up I experimented to see just what time it was

MISS REBECCA CARSON, Sworn In For The Defendant, 60th To Testify

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MISS REBECCA CARSON, sworn for the Defendant.I work at the National Pencil Co. I have been there over three years. I work on the fourth floor. I am forelady of the sorting department. I have from thirteen to fifteen girls under me. At times I have heard the elevator running when the machinery in the factory was not running. It makes a noticeable noise. You can notice the vibration of the building and you can notice the ropes of the elevator running, and you can hear the cables of the elevator knocking. On Friday, April 25th, I got my pay

MRS E M CARSON, Sworn In For The Defendant, 61st To Testify

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MRS. E. M. CARSON, sworn for the Defendant.I worked at the pencil factory three years. Rebecca Carson is my daughter. I am a widow. I have seen blood spots around the ladies' dressing room three or four times. I was at the factory Friday morning. I left about 12:45. I saw Jim Conley on Tuesday, after the murder. He was sweeping around my table, I said, "Well, Jim, they haven't got you yet," and he says, "NO." On Wednesday I said the same thing and he answered the same thing. On Thursday when I said that to him again he

MISS MARY PIRK, Sworn In For The Defendant, 62nd To Testify

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MISS MARY PIRK, sworn for the Defendant.I am one of the foreladies working at the National Pencil Co. I am at the head of the polishing department. I have been there about five years. I talked with Jim Conley Monday morning after the murder. I accused him of the murder. He took his broom and walked right out of the office and I have never seen him since. His character for truth and for veracity is bad. I would not believe him on oath.CROSS EXAMINATION.I suspected Jim as early as Monday April 28th. I did not report it to Mr.

MISS IORA SMALL, Sworn In For The Defendant, 63rd To Testify

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MISS IORA SMALL, sworn for the Defendant.I worked on the fourth floor of the pencil factory for five years. I saw Jim Conley on Tuesday. He was worrying me to get money from me to buy a newspaper and then he would come and ask me for copies of the paper before I would get through reading them. They were extras. He would even get two of the same edition. He would take it and run over there and sit on a box by the elevator and read it. He can read all right. He had on an old Norfolk

MISS JULIA FUSS, Sworn In For The Defendant, 64th To Testify

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MISS JULIA FUSS, sworn for the Defendant.I work on the fourth floor of the pencil factory. I have never known anything wrong or immoral to be going on in Mr. Frank's office. I talked with Jim Conley Wednesday morning after the murder. He was sweeping around there and asked me to see the newspaper. As he read it he kinder grinned. He told me he believed Mr. Frank was just as innocent as the angels from Heaven. I know his general character. He was never known to tell the truth. I would not believe him on oath.CROSS EXAMINATION.I saw the

EMMA BEARD C, Sworn In For The Defendant, 65th To Testify

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EMMA BEARD (colored), sworn for the Defendant.I am Mr. Schiff's servant. On April 26th somebody called Mr. Schiff on the telephone. I answered the telephone. It was about half past ten. It sounded like a boy's voice. It said, "I Tell Mr. Schiff Mr. Frank wanted him at the office." Mr. Schiff was asleep at the time. I waked him up and he said, "Tell Mr. Frank I will be there as soon as I can get dressed." And I repeated the message to the boy and told him what Mr. Schiff said. Then Mr. Schiff went back to sleep

ANNIE HIXON C, Sworn In For The Defendant, 66th To Testify

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ANNIE HIXON (colored), sworn for the Defendant.I am Mrs. Ursenbach's servant. Mr. Frank called up on the telephone about half past one on April 26th. I told him Mr. Ursenbach was not in and he said "Tell Mr. Charlie I can't go to the ball game this afternoon." I told Mrs. Ursenbach about it.CROSS EXAMINATION.I have been working for Mrs. Ursenbach two years. Mr. Frank and his wife came over to Mrs. Ursenbach's on Sunday after we had breakfast about nine o'clock. They come over there every Sunday. I didn't pay any attention to what they talked about that morning.

ALONZO MANN, Sworn In For The Defendant, 68th To Testify

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ALONZO MANN, sworn for the Defendant.I am office boy at the National Pencil Company. I began working there April 1, 1913. I sit sometimes in the outer office and stand around in the outer hall. I left the factory at half past eleven on April 26th 1913. When I left there Miss Hall, the stenographer from Montag's, was in the office with Mr. Frank. Mr. Frank told me to phone to Mr. Schiff and tell him to come down. I telephoned him, but the girl answered the phone and said he hadn't got up yet. I telephoned once. I worked

M 0 NIX, Sworn In For The Defendant, 69th To Testify

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M. O. NIX, sworn for the Defendant.I am credit man for Montag Bros. and bookkeeper. I have charge of the bookkeeping and documents and papers of the National Pencil Company. I am familiar with Mr. Frank's handwriting. These financial sheets beginning with May 22, 1912, and ending May 24, 1913 (Defendant's Exhibit 9), are in Mr. Frank's handwriting. The eleven items beginning with order Number 7187 running through Number 7197, appearing on pages 56 and 57 of the house order book (Defendant's Exhibit 12) are in Mr. Frank's handwriting. These entries below that are in Miss Hattie Hall's handwriting. I

HARRY GOTTHEIMER, Sworn In For The Defendant, 70th To Testify

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HARRY GOTTHEIMER, sworn for the Defendant.I am a traveling salesman. I make two trips a year for the National Pencil Company, from the first of February to the first of April, and from the first of September to the fifteenth of October. I was at Montag Bros. around ten o'clock on April 26th. I had come in from my trip on the road and was writing up my orders. I had been away ten days. Mr. Frank came in after I got there. I asked him about two important orders as to their shipments and he replied that he couldn't

MRS RACHEL JACOBS FRANK, Sworn In For The Defendant, 71st To Testify

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MRS. RACHEL JACOBS FRANK, sworn for the Defendant.I am the mother of Leo Frank. I live in Brooklyn. I lived in Texas three years, where Leo was born. Mr. Moses Frank of Atlanta is my husband's brother. I saw him at Hotel Mc Alpin in New York City on April 27th and April 28th 1913. The letter that you hand me (Defendant's Exhibit 42) I saw on Monday, April 28th 1913. It is my son's handwriting. This sheet (Defendant's Exhibit 43) is a sort of financial sheet. I had lunch with Mr. Moses Frank at Hotel Mc Alpin on Monday,

OSCAR PAPPENHEIMER, Sworn In For The Defendant, 72nd To Testify

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OSCAR PAPPENHEIMER, sworn for the Defendant.I am in the furniture business. I am also a stockholder of the National Pencil Company. I have been getting comparative sheets as to the weekly business of the Company from Frank since March, 1910. Up to the time the Post Office distributed mail on Sunday, I used to always go to the Post Office to get my mail and always found this report on Sunday morning. When I quit going to the Post Office on Sundays I received the reports in the first mail on Monday mornings. I have here the report for the

C F URSENBACH, Sworn In For The Defendant, 73rd To Testify

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C. F. Ursenbach, sworn for the Defendant.I married a sister of Mrs. Leo Frank. I phoned him on Friday and asked him if he would go to the baseball game Saturday. He said he didn't know, he might go and would phone me later and let me know. On Saturday when I got home about twenty minutes to two my cook told me that Mr. Frank had phoned and told me that he wasn't going to the game. I saw him on Sunday, after the murder, at my house. I saw no scratches, marks or bruises on him. He seemed

MRS C F URSENBACH, Sworn In For The Defendant, 74th To Testify

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MRS. C. F. URSENBACH, sworn for the Defendant.I am Mrs. Leo Frank's sister. I received a telephone message for Mr. Ursenbach from Mr. Frank through my cook on Saturday at half past one. I saw no scratches, bruises, or marks on Mr. Frank on Sunday. He was nervous as one would have been under the circumstances. He borrowed a rain coat from my husband that afternoon. The rain coat was at our house on Saturday. It was there when my husband asked him if he would wear it on Sunday. Mr. Frank did not have it on Saturday.CROSS EXAMINATION.On Sunday

MRS ALEXANDER E MARCUS, Sworn In For The Defendant, 75th To Testify

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MRS. ALEXANDER E. MARCUS, sworn for the Defendant.I am a sister of Mrs. Leo Frank. I played cards Saturday night at Mrs. Selig's. Mr. Frank was there sitting out in the hall reading, and Mrs. Frank was going in and out of the room. Mr. Frank went to bed after ten o'clock. I noticed nothing unusual about him, no bruises, marks or signs.CROSS EXAMINATION.He came in one time and told me something funny about a baseball joke. We were still playing when he went to bed.MRS ALEXANDER E MARCUS, Sworn In For The Defendant, 75th To Testify

MRS M MARCUS, Sworn In For The Defendant, 76th To Testify

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MRS. M. MARCUS, sworn for the Defendant.I am no relation of Mr. or Mrs. Frank. I saw Mr. Frank at half past eight or a quarter to nine in the evening on April 26th, at Mrs. Selig's residence. We played cards there. Mr. Frank opened the door for us. He stayed in the hall reading. We played cards in the dining room. He went to bed between ten and half after ten. He appeared as natural as usual. I left the house about twelve o'clock.CROSS EXAMINATION.We had a game of cards every Saturday afternoon at somebody else's house.MRS M MARCUS,

M J GOLDSTEIN, Sworn In For The Defendant, 77th To Testify

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M. J. GOLDSTEIN, sworn for the Defendant.I played cards Saturday night, April 26th, at Mrs. Selig's house. I got there about 8:15. We played in the dining room. Mr. Frank was sitting in the hall. There was nothing unusual about him, no nervousness or anxiety. There was nothing that attracted our attention. I have never known Mr. or Mrs. Frank to play poker. I should say he went to bed about 10:30. His wife followed about fifteen minutes afterwards. I never noticed any marks or bruises about his person.CROSS EXAMINATION.He came in while we were playing to tell us of

I STRAUSS, Sworn In For The Defendant, 78th To Testify

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I. STRAUSS, sworn for the Defendant.I was at the home of Mrs. Selig, Saturday night, playing cards. I got there about 10:30. Mr. Frank let me in. While we played he was sitting in the hall reading. I could see him through the door. There was nothing unusual about him. He went to bed immediately after I got there. His wife went to bed soon afterwards.I STRAUSS, Sworn In For The Defendant, 78th To Testify

SIGMUND MONTAG, Sworn In For The Defendant, 79th To Testify

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SIGMUND MONTAG, sworn for the Defendant.I am engaged in manufacturing stationery. I am treasurer of the National Pencil Company. The company receives its mail at my office, which is two blocks from the pencil factory. Frank comes to my office every day of the year to get the mail and instructions with regard to orders and the business of the factory. He came to my office on April 26th, about ten o'clock and stayed about an hour. He talked to me, my stenographer, Miss Hattie Hall, and Mr. Gottheimer, one of the salesman. Up to about a year ago I

TRUMAN MCCRARY, C, Sworn In For The Defendant, 80th To Testify

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TRUMAN Mc CRARY, (colored), sworn for the Defendant.I am a drayman on the streets of Atlanta. I work for the National Pencil Company. I have hauled for them. I have drayed for them most every Saturday for the past three years. I would work on Saturday afternoons until half past three and sometimes as late as five. I would be sometimes there so late the shipping clerk would be gone. I have never found the front door locked on a Saturday afternoon. I have never seen Jim Conley watching there Saturday afternoon. I have never seen him guarding the door.

D J NIX, Sworn In For The Defendant, 81st To Testify

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D. J. NIX, sworn for the Defendant.I was office boy at the pencil factory from April, 1912, to October, 1912. I worked there every other Saturday until the first of September, and then every Saturday thereafter. I am 19 years old. Before Sept. 1, I worked on Saturdays until between four and six o'clock. On Saturdays after Sept. 1, I worked until between 5:30 and 6. I have never missed any days while I have been at the factory. On Saturday afternoons, Mr. Frank and Mr. Schiff would be there working. I would stay in the outer office. I never

FRANK PAYNE, Sworn In For The Defendant, 82nd To Testify

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FRANK PAYNE, sworn for the Defendant.I was office boy last Thanksgiving day at the pencil factory. It was snowing that day. I am 16 years old. Mr. Schiff and Mr. Frank were working there in the office that day. Mr. Schiff sent me up on the fourth floor to straighten the boxes up. Jim Conley was there sweeping. He left the factory about 10:20. I left about 11. He had finished his work. I went by the office to get my coat. Mr. Schiff and Mr. Frank were still working. When I left I did not see Conley anywhere about

PHILLIP CHAMBERS, Sworn In For The Defendant, 83rd To Testify

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PHILLIP CHAMBERS, sworn for the Defendant.I am 15 years old. I started working for them December 12, 1912, as office boy, at the pencil factory. I left there March 29, 1913. I stayed in the outer office. On Saturdays I stayed until 4:30 and sometimes until 5 o'clock. I never left before 4:30 on Saturdays. I would go to dinner about 1:30 and get back at 2. Sometimes on Saturdays I would be sent to Montag's for 15 minutes, to get the mail. I would sometimes go out to the Bell Street plant to get the pay roll there. I

GODFREY WEINKAUF, Sworn In For The Defendant, 84th To Testify

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GODFREY WEINKAUF, sworn for the Defendant.I am superintendent of the Pencil Company's lead plant. Beginning with July, 1912, up until the first week in January, 1913, I visited the office of the pencil factory every other Saturday, between three and five o'clock. I would stay there about two hours. I would find Mr. Holloway, Mr. Frank and Mr. Schiff there. I never saw any women in the office there.CROSS EXAMINATION.I never saw Jim Conley there at the factory on Saturday afternoon. I am sure I saw Holloway there on Saturday afternoon.GODFREY WEINKAUF, Sworn In For The Defendant, 84th To Testify

CHARLIE LEE, Sworn In For The Defendant, 85th To Testify

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CHARLIE LEE, sworn for the Defendant.I am a machinist at the pencil factory. I remember an accident to Duffy in the metal room. His finger was hurt on the eyelet machine, about Oct. 4, 1912. It bled freely and the blood spouted out. There was a lot of the blood on the floor. He went down the hall to the office, by the ladies' dressing room. There was blood at that point. Gilbert also got hurt in the metal room last year. He was bandaged in the office also. In going from the metal room to the office, you go

ARTHUR PRIDE COLORED, Sworn In For The Defendant, 86th To Testify

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ARTHUR PRIDE (colored), sworn for the Defendant.I worked on the second floor of the factory. On Saturdays I work all over the factory, doing anything that is necessary. Beginning with July of last year I have not missed a single Saturday afternoon at the factory. I would work until about half past four. I have never seen any women come up there and see Mr. Frank, or any drinking going on there, or seen Jim Conley sitting and watching the door. The employees used the back stairs leading from the metal room to the third floor. You can hear the

DAISY HOPKINS, Sworn In For The Defendant, 87th To Testify

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DAISY HOPKINS, sworn for the Defendant.I am a married woman. I worked in the factory from October, 1911, to June 1, 1912. I worked in the packing department on the second floor. Mr. Frank never spoke to me when he would pass. I never did speak to him. I've never been in his office drinking beer, coca-cola, or anything else. I know Dalton when I see him. I never visited the factory with him. I never have been with him until I went to his house to see Mrs. Taylor, who lived with him then. That was the only place

MISS LAURA ATKINSON, Sworn In For The Defendant, 88th To Testify

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MISS LAURA ATKINSON, sworn for the Defendant.I have been in Mr. Dalton's company three times. I never met him at the Busy Bee Cafe. I have never walked with him to or from the pencil company. I have never walked home with him.CROSS EXAMINATION.I worked at the National Pencil factory two days last month. I have known Mr. Dalton six months. I have been in his company three times. I did not know Daisy Hopkins.MISS LAURA ATKINSON, Sworn In For The Defendant, 88th To Testify

MRS MINNIE SMITH, Sworn In For The Defendant, 89th To Testify

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MRS. MINNIE SMITH, sworn for the Defendant.I work at the pencil factory. I do not know C. B. Dalton. I live at 148 S. Forsyth Street. I have never met Dalton or walked home with him. I don't know the man. I know Mr. Frank. I have spoken to him six times in the four years and a half that I worked there.CROSS EXAMINATION WAIVED.MRS MINNIE SMITH, Sworn In For The Defendant, 89th To Testify

I M HAMILTON, Sworn In For The Defendant, 90th To Testify

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V. S. Cooper to I. M. Hamilton. All sworn for the defendant.V. S. Cooper, W. T. Mitchell, O. A. Nix, Samuel Craig, B. L. Patterson, Robert Craig, Ed Craig, T. L. Ambrose, J. P. Bird, J. H. Patrick and I. M. Hamilton testified that they lived in Gwinnett or Walton County; that they used to know C. B. Dalton before he left Monroe in Walton County, that his general character for truth and veracity is bad, and that they would not believe him on oath.I M HAMILTON, Sworn In For The Defendant, 90th To Testify

R L BAUER, Sworn In For The Defendant, 91st To Testify

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R. L. BAUER, sworn for the Defendant.During the summer of 1909 and 1910, I worked at the National Pencil Company on Saturdays. Since that time I have worked off and on at the factory on Saturdays doing extra work. I have also been up to the office Saturday afternoons, frequently during the past twelve months. I was there while Mr. Schiff was off on his trip. I was up at the office on the Saturday afternoon before Mr. Schiff went away. Mr. Holloway, Mr. Schiff, Mr. Frank and the office boy were there. I have never seen any women in

GORDON BAILEY, C, Sworn In For The Defendant, 92nd To Testify

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GORDON BAILEY, (colored) sworn for the Defendant.I work at the factory. I am sometimes called "Snowball." I never saw Jim Conley talk to Mr. Frank the Friday before the murder. I have never, at any time, heard Mr. Frank ask Conley to come back on any Saturday. I have never seen Mr. Frank bring in any women into the factory. I have never seen Jim Conley guarding or watching the door. I have seen Jim take newspapers and look at it, but I don't know if he read them or not. I have seen him have papers at the station

HENRY SMITH, Sworn In For The Defendant, 93rd To Testify

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HENRY SMITH, sworn for the Defendant.I work at the pencil factory in the metal department. I work with Barrett. He has talked to me about the reward offered in this case. He said it was $4,300, and he thought if anybody was to get it, he was to get it, because he found the blood and hair, and he said he ought to get the first hook at it. He said it six or seven different times.CROSS EXAMINATION.He would come out of the room counting it off on his hands. He did that 2 or 3 times and sort of

MILTON KLEIN, Sworn In For The Defendant, 94th To Testify

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MILTON KLEIN, sworn for the Defendant.I saw Mr. Frank last Thanksgiving evening at a dance given by the B'nai B'rith at the Hebrew Orphans' Home. I also saw him that same afternoon between half past four and six o'clock. The dance lasted from eight to half past eleven. Mr. Frank helped Mr. Copeland and myself give the dance. We were the committee in charge.CROSS EXAMINATION.I was down at the jail to see Mr. Frank when the detectives brought Conley down there. I sent word down that Mr. Frank didn't care to see Conley, that he didn't care to see anyone

NATHAN COPLAN, Sworn In For The Defendant, 95th To Testify

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NATHAN COPLAN, sworn for the Defendant.I remember last Thanksgiving Day was a very disagreeable day. I don't remember whether it snowed. The B'nai B'rith is a charitable organization here composed of young men. They gave a dance out at the Jewish Orphans' Home Thanksgiving evening. Mr. Frank had charge of it. Mr. Frank and his wife were there. I got there about 8 o'clock. They were there at that time. They stayed there until about 10 o'clock.NATHAN COPLAN, Sworn In For The Defendant, 95th To Testify

JOE STELKER, Sworn In For The Defendant, 96th To Testify

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JOE STELKER, sworn for the Defendant.I have got charge of the varnishing department at the pencil factory, about sixty people work under me. I saw the spot that Mr. Barrett claimed he had found in front of the young ladies' dressing room. It looked like someone had some coloring in a bottle and splashed it on the floor. Chief Beavers asked me to find out whether it was varnish or not. I saw the white stuff on it. It looked like a composition they use on the eyelet machine or face powder. They carry that stuff around in buckets in

HARLEE BRANCH, Sworn In For The Defendant, 97th To Testify

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HARLEE BRANCH, sworn for the Defendant.I work for the Atlanta Journal. I had an interview with Jim Conley on two occasions. On May 31st, he told me he didn't see the purse of this little girl. He said that it took about thirty-five minutes after going upstairs until he got out of the factory. He said he finished about 1:30 and then went out. He said that Lemmie Quinn got into the factory about 12 o'clock and remained about 8 or 9 minutes.CROSS EXAMINATION.I am sure about his saying he saw Lemmie Quinn at the factory at that interview. He

JOHN M MINAR, Sworn In For The Defendant, 98th To Testify

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JOHN M. MINAR, sworn for the Defendant.I am a newspaper reporter for the "Atlanta Georgian." I visited George Epps Sunday night, April 27th. I went there to ask him and his sister when was the last time either of them had seen Mary Phagan. George Epps and sister were both present. I asked them who had seen Mary Phagan last, and the little girl Epps said she had seen her on the previous Thursday. George Epps was standing right there and he said nothing about having seen her Thursday. He said he knew the girl, that he had ridden to

W D MCWORTH, Sworn In For The Defendant, 99th To Testify

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W. D. Mc WORTH, sworn for the Defendant.I am a Pinkerton detective. I worked for fifteen days on the Frank case. For three days I took statements from the factory employees and on May 15th, I made a thorough search of the ground floor. I found near the front door on the ground floor, stains that might or might not have been blood. All the radiators in the factory had trash, dirt and rubbish behind them. Behind one of the radiators near the Clark Woodenware place, where the partition is, I found much trash, behind the trap door, up against

JOHN FINLEY, Sworn In For The Defendant, 100th To Testify

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JOHN FINLEY, sworn for the Defendant.I was formerly master machinist and assistant superintendent of the pencil factory. I have known Mr. Frank about five years. His character was good.CROSS EXAMINATION.I am now superintendent for Dittler Bros. They are not related to the Franks. I left the pencil company about three years ago. I have never heard anything about women going up in the factory after work hours. Mr. Frank and I usually left together about six o'clock. Mr. Frank went to lunch usually about one o'clock. I would sometimes work at the factory all Saturday afternoon. I did that most

A D GREENFIELD, Sworn In For The Defendant, 101st To Testify

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A. D. GREENFIELD, sworn for the Defendant.I am one of the owners of the building occupied by the Pencil Company on Forsyth Street. I have owned it since 1900. When we bought the building it was occupied by Montag Bros. They used it as a manufacturing plant. The Clarke Woodenware Company sub-leased part of the first floor from Montag Bros. They used the front door on Montag Bros. in going in there. We have not put in any new floor on the second story of the building. I have known Mr. Frank four or five years. His character is good.CROSS

DR WM OWENS, Sworn In For The Defendant, 102nd To Testify

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DR. WM. OWENS, sworn for the Defendant.I am a physician. I am also engaged in the real estate business. At the request of the defense I went through certain experiments in the pencil factory to ascertain how long it would take to go through Jim Conley's movements relative to moving the body of Mary Phagan. I kept the time while the other men were going through with the performance. I followed them and kept the time. Mr. Wilson of the Atlanta Baggage Co. also kept time with me. Mr. Brent and Mr. Fleming enacted the performance. The performance enacted was

ISAAC HAAS, Sworn In For The Defendant, 103rd To Testify

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ISAAC HAAS, sworn for the Defendant.I know Leo M. Frank for over five years. His character is very good. I did not hear my telephone ring on Sunday morning, April 27th. My wife heard it. The telephone is twenty-two feet from my bed.CROSS EXAMINATION.My wife waked me up when she answered the telephone.ISAAC HAAS, Sworn In For The Defendant, 103rd To Testify

A N ANDERSON, Sworn In For The Defendant, 104th To Testify

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A. N. ANDERSON, sworn for the Defendant.I work at the Atlanta National Bank. That is the original passbook of Leo M. Frank (Defendant's Exhibit 50).CROSS EXAMINATION.I don't know that that's the only bank account that he had. He may have had others. Yes, the pencil company does business with the Atlanta National Bank. I don't know anything about how much money they had on April 26. Mr. Frank's bank book was balanced August 11. These are all the checks that he drew (Defendant's Exhibit 51) during April.RE-DIRECT EXAMINATION.These cancelled checks are the ones that have been paid since April 1,

R P BUTLER, Sworn In For The Defendant, 105th To Testify

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R. P. BUTLER, sworn for the Defendant.I am the shipping clerk of the Pencil Company. I am familiar with the doors leading into the metal room. They are wooden doors, with glass windows. There is no trouble looking through these windows into the metal room, even when the doors are closed. The glass in the door is about fifteen inches by eighteen inches. Any one of ordinary height can see through them easily.CROSS EXAMINATION.The doors are six feet wide together. The passageway from the elevator back to the metal room is ten feet wide with the exception of that part

I U KAUFFMAN, Sworn In For The Defendant, 106th To Testify

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I. U. KAUFFMAN, sworn for the Defendant.I made a drawing of the Selig residence on Georgia Avenue, in this city, showing the kitchen, dining room, the reception room, parlor and passageway between the kitchen and dining room. The mirror in the dining room is in the sideboard as shown on the plat (Defendant's Exhibit 52). It is fourteen feet from the kitchen door to the passageway in the dining room and the passageway is a little over two feet. Standing in the back door of the kitchen room against the north side of the door, I could not see that

J Q ADAMS, Sworn In For The Defendant, 107th To Testify

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J. Q. ADAMS, sworn for the Defendant.I am a photographer. I took photographs of the Selig home at 68 E. Georgia Avenue from the inside and the outside of the back door, looking toward the passageway that leads in the dining room. The door into the dining room was open, for me. This view (Exhibit 62) is view made from the outside of the rear door. I was about three feet outside of the door. The picture does not extend to the mirror, or the sideboard. You could not see them from the outside. This (Exhibit 63 for Defendant) is

T H WILLET, Sworn In For The Defendant, 108th To Testify

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T. H. WILLET, sworn for the Defendant.I am a pattern maker. I made the pattern of pencil factory from a blue print. This is the model (Exhibit 13 for Defendant).CROSS EXAMINATION.The height of the floors is not made according to scale. The floor plan is a correct representation, according to the blue print. The windows in Mr. Frank's office were not put in by me.RE-DIRECT EXAMINATION.I was given no instructions except to follow the ground floor plan as shown on the blue print. This is the blue print (Defendant's Exhibit 85), from which I made the model.T H WILLET, Sworn

C W BERNHARDT, Sworn In For The Defendant, 109th To Testify

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C. W. Bernhardt, sworn for the Defendant.I am a contractor and builder. This (Defendant's Exhibit 52) fairly represents the back porch of the Selig home, as well as the first floor of the house. Standing in the kitchen door you can't look through the passage way and see into the mirror. If you move up a little distance you can see about 18 inches of the mirror. You could see nobody sitting on the south side of the table in the dining room, or on the north side of the table, in fact you cannot see the table at all,

H M WOOD, Sworn In For The Defendant, 110th To Testify

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H. M. Wood, sworn for the Defendant.I am the Clerk of the Commissioners of Roads and Revenues of Fulton County. Standing in the back kitchen door of the Selig residence, that enters on the back porch and undertaking to look into the dining room, I could not see the mirror in the corner of the dining room at all. Moving up into the kitchen, near the passageway, I could see nothing but top of one chair by looking in the mirror.CROSS EXAMINATION.The view that I could get of the mirror would depend upon where I stood in the kitchen. I

JULIUS A FISCHER, Sworn In For The Defendant, 111th To Testify

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JULIUS A. FISCHER, sworn for the Defendant.I am a contractor and builder. I looked at the house of the Selig's at 68 E. Georgia Avenue. Standing in the kitchen door, I had very little view of the sideboard. You could see possibly an inch in the mirror. You can get no view from the mirror. The test was made sitting down and standing up. The mirror is four feet high from the floor. You could get no view of the dining room table, nor see a man sitting at the table. The mirror is fixed straight up and down. The

J R LEACH, Sworn In For The Defendant, 112th To Testify

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J. R. LEACH, sworn for the Defendant.I am division superintendent of the Ga. Rwy. & Power Co. I know the schedule of the Georgia Avenue line and the Washington Street line. The Georgia Avenue line leaves Broad and Marietta on the hour and every ten minutes. It takes two minutes to go from Broad and Marietta to the corner of Whitehall and Alabama. It takes 12 or 13 minutes to run from Broad and Marietta to the corner of Georgia Avenue and Washington Street, about ten minutes from Whitehall and Alabama to Georgia Avenue and Washington Street. The Washington Street

K T THOMAS, Sworn In For The Defendant, 113th To Testify

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K. T. THOMAS, sworn for the Defendant.I am a civil engineer. I measured the distance from the intersection of Marietta and Forsyth Streets to the pencil factory on Forsyth Street. It is 1,016 feet. I walked the distance, it took me four and a half minutes. I measured the distance from the pencil factory to the intersection of Whitehall and Alabama; it is 831 feet. I walked the distance and it took me 31/2 minutes. I measured the distance from the pencil factory to the corner of Broad and Hunter; it is 333 feet. I walked it in a minute

L M CASTRO, Sworn In For The Defendant, 114th To Testify

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L. M. CASTRO, sworn for the Defendant.I walked from the corner of Marietta and Forsyth Streets to the upstairs of the National Pencil factory on S. Forsyth Street at a moderate gait. It took me 41/2 minutes. I walked from the same place in the pencil factory to the corner of Whitehall and Alabama Streets, and it took me three minutes and twenty seconds. I walked from the corner of Hunter and Broad Streets to the same place in the pencil factory and it took me one minute and a half.L M CASTRO, Sworn In For The Defendant, 114th To

PROF GEO BACHMAN, Sworn In For The Defendant, 115th To Testify

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PROF. GEO. BACHMAN, sworn for the Defendant.Prof. of Physiology and Physiological Chemistry Atl. Col. Phys. & Surgeons.Bomar says it takes 4 hours and a half to digest cabbage. That's for the cabbage to pass from the stomach into the intestines. The gastric digestion takes 4 hours and a half. That is the time it is supposed to be in the stomach. More digestion occurs in the small intestine. The pancreatic juice helps digestion mostly in the small intestine. It consists of water in organic salts of which sodium carbonate is the most important, and a number of ferments. The ordinary

DR THOMAS HANCOCK, Sworn In For The Defendant, 116th To Testify

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DR. THOMAS HANCOCK, sworn for the Defendant.A doctor for 22 years. Engaged in hospital work 6 or 7 years. Have treated about 14,000 cases of surgery. Have examined the private parts of Leo M. Frank and found nothing abnormal. As far as my examination disclosed he is a normal man sexually.If a body is embalmed about 8 or 10 or 12 hours after death, a gallon of the liquids of the body removed, a gallon of embalming fluid, containing 8% formaldehyde is injected, the body buried and a post mortem examination made at the end of 9 or 10 days,

DR WILLIS F WESTMORELAND, Sworn In For The Defendant, 117th To Testify

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DR. WILLIS F. WESTMORELAND, sworn for the Defendant.DIRECT EXAMINATION.A practicing physician for twenty-eight years, general practice and surgery. A professor of surgery for twenty years, and formerly president of the State Board of Health. If the body of a girl between thirteen and fourteen years old was embalmed about ten hours after death, after taking out a gallon of fluid and putting in a gallon of embalming fluid, of which 8% is formaldehyde and the body was buried and nine or ten days after upon a post mortem examination a cut an inch and a half long cutting through to

DR J C OLMSTEAD, Sworn In For The Defendant, 118th To Testify

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DR. J. C. OLMSTEAD, sworn for the Defendant.Practicing physician for 36 years.Given the facts that a young lady 13 or 14 years old died and 8 or 10 hours after death the body was embalmed with a preparation containing 8% formaldehyde, and the body is exhumed at the end of 9 or 10 days, and a post-mortem examination shows a wound on the left side of the back of the head about an inch and a half long, with cuts through to the skull, but no actual fracture of the skull, but a hemorrhage under the skull corresponding to the

DR W S KENDRICK, Sworn In For The Defendant, 119th To Testify

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DR. W. S. KENDRICK, sworn for the Defendant.I have been a practicing physician for thirty-five years. I was Dean of the Atlanta Medical College. I gave Dr. Harris his first position there. If a young lady between thirteen and fourteen years of age died and a post-mortem examination was made within eight or ten days after death, by a physician who makes a digital and visual examination to determine whether there is any violence to the vagina or not, and inserts his fingers for the purpose of deciding, and the body is embalmed, and after nine days it is disinterred

JOHN ASHLEY JONES, Sworn In For The Defendant, 120th To Testify

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JOHN ASHLEY JONES, sworn for the defendant.I have known Mr. Frank about a year or eighteen months. His general character is good.CROSS EXAMINATION.I am resident agent for the New York Life Insurance Company. I don't know any of the girls at the pencil factory. I have never heard any talk of Mr. Frank's practices and relations with the girls down there. Mr. Frank has a policy of insurance with us. It is our custom to seek a very thorough report on the moral hazard on all risks. The report on him showed up first class, physically as well as morally.

DR LEROY CHILDS, Sworn In For The Defendant, 121st To Testify

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DR. LEROY CHILDS, sworn for the Defendant.I am a surgeon. If a person dies and the body found three o'clock in the morning, rigor mortis not quite complete, embalmed the next day about ten o'clock, the body disinterred nine days later and a post-mortem made, and a wound is found on the back of the head behind the ear, almost two and a quarter inches long going through the skull, there was perhaps a drop of blood under the wound, no pressure on the brain, no fracture of the skull, it would be impossible to determine absolutely at that time

ALFRED LORING LANE, Sworn In For The Defendant, 122nd To Testify

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ALFRED LORING LANE, sworn for the Defendant.I am a resident of Brooklyn, N. Y. I have known Leo Frank about 15 years. I knew him four years at Pratt Institute which we both attended. I also knew him after he returned from Cornell University. His general character is good.ALFRED LORING LANE, Sworn In For The Defendant, 122nd To Testify

HERBERT LASER, Sworn In For The Defendant, 126th To Testify

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HERBERT LASER, sworn for the Defendant.I live in New York State. I manage my father's estates. I knew Leo Frank at Cornell University, during the years 1903-4-5-6. I was in his class, and we roomed together for two years. His general character was very good.CROSS EXAMINATION.He associated with the finest class of students at the University. I kept up a correspondence with him a couple of years after he left Cornell.HERBERT LASER, Sworn In For The Defendant, 126th To Testify

JOHN W TODD, Sworn In For The Defendant, 127th To Testify

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JOHN W. TODD, sworn for the Defendant.I reside in Pittsburgh. I am assistant purchasing agent for the Crucible Steel Co. I attended Cornell University with Leo Frank. I knew him for years during the time I was in College. I am the life treasurer of our class. His general character was good.JOHN W TODD, Sworn In For The Defendant, 127th To Testify

PROF C D ALBERT, Sworn In For The Defendant, 128th To Testify

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PROF. C. D. ALBERT, sworn for the Defendant.I am professor of machine designs in Cornell University. I have held that chair for five years. I knew Leo M. Frank for two years while he attended the University. At that time I was instructor in mechanical laboratory, and as such I came in contact with him. His character was very good.PROF C D ALBERT, Sworn In For The Defendant, 128th To Testify

PROF J E VANDERHOEF, Sworn In For The Defendant, 129th To Testify

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PROF. J. E. VANDERHOEF, sworn for the Defendant.I am foreman of the foundry at Cornell University. I knew Leo Frank for two years when he attended the University. His character was good.CROSS EXAMINATION.I have been at Cornell 25 years. As to what caused me to take any special notice of Leo Frank, I come in contact with him every alternate day while he was there. I know the characteristics of the boys very well. No, I cannot tell what Frank did when he was in the class-room.PROF J E VANDERHOEF, Sworn In For The Defendant, 129th To Testify

V H KRIEGSHABER, Sworn In For The Defendant, 130th To Testify

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V. H. KRIEGSHABER, sworn for the Defendant.I live in Atlanta. I have known Leo Frank for about three years. His general character is good.CROSS EXAMINATION.I did not come in contact with him frequently. I am a trustee of the Hebrew Orphans' Home and Mr. Frank is also. I met him once a month there. I don't know how long he has been on the board. I have met him there probably twice. He also came quite frequently to the Orphans' Home with his uncle, before he was elected to the board. I did not come in contact with him socially.V

M F GOLDSTEIN, Sworn In For The Defendant, 131st To Testify

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M. F. GOLDSTEIN, sworn for the Defendant.I practice law in Atlanta. I have known Leo Frank about three and a half years. His character is very good.CROSS EXAMINATION.We used to live on the same street together. I would see him nearly every day. I would see him at the Progress Club a few times every month. During the last two years, he was the next ranking officer to me in the Lodge.M F GOLDSTEIN, Sworn In For The Defendant, 131st To Testify

ARTHUR HEYMAN, Sworn In For The Defendant, 133rd To Testify

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ARTHUR HEYMAN, sworn for the Defendant.I practiced law about nineteen years in Atlanta. I have known Leo Frank for three or four years. His general character is good.CROSS EXAMINATION.I have been with him seven or eight times in three years. I have been with him alone, I suppose, five or six times, probably for fifteen or twenty minutes at a time. I have never heard any reference made to his relation with the girls in the factory.ARTHUR HEYMAN, Sworn In For The Defendant, 133rd To Testify

MRS ADOLPH MONTAG, Sworn In For The Defendant, 135th To Testify

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MRS. ADOLPH MONTAG, sworn for the Defendant.I am a sister of Mr. Sig Montag. I have known Mr. Frank five years. His character is very good.CROSS EXAMINATION.I have heard of his character through the ladies he has lived with. Mrs. Meyers has told me how nice he always was to her. My husband has always spoken well of him. I have heard a great many people speak well of him. I heard his uncle speak well of him. My husband has told me what a fine, intelligent gentleman he was.MRS ADOLPH MONTAG, Sworn In For The Defendant, 135th To Testify

MRS J 0 PARMELEE, Sworn In For The Defendant, 136th To Testify

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MRS. J. O. PARMELEE, sworn for the Defendant.My husband is a stockholder in the National Pencil Company. Mr. Frank's general character is very good.CROSS EXAMINATION.I have seen Mr. Frank at the jail twice. I have only come in contact with him once at the factory. I am a member of the Board of Sheltering Arms, and I have heard a great deal of Mr. Frank in matters of charity and in a social way. I have heard different people speak of him, a great many people. I have heard the Liebermans, the Montags, the Haases, Mrs. Bauer, Mr. Parmalee and

MISS IDA HAYS, Sworn In For The Defendant, 137th To Testify

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MISS IDA HAYS, sworn for the Defendant.I work at the pencil factory on the fourth floor. I have known Mr. Frank for two years. His general character is good. I have known Conley for two years. His general character for truth and veracity is bad. I would not believe him on oath.CROSS EXAMINATION.Conley borrowed money and promised to pay it back, but he didn't do it. We would get it after awhile. He tried to borrow money from me, but I refused to let him have it.MISS IDA HAYS, Sworn In For The Defendant, 137th To Testify

MISS EULA MAY FLOWERS, Sworn In For The Defendant, 138th To Testify

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MISS EULA MAY FLOWERS, sworn for the Defendant.I work on the second floor of the pencil factory. I have known Mr. Frank for three years. His general character is good. I have known Conley for 2 years. His general character for truth and veracity is bad.CROSS EXAMINATION.His borrowing money and not paying it back is one thing. He has promised and he has never paid back anything he has ever borrowed from me. I had Mr. Gantt take it out of his envelope. I have never met Mr. Frank anywhere for any immoral purpose.MISS EULA MAY FLOWERS, Sworn In For

MISS OPIE DICKERSON, Sworn In For The Defendant, 139th To Testify

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MISS OPIE DICKERSON, sworn for the Defendant.I have worked at the pencil factory for 17 months. Mr. Frank's general character is good. I have never met Mr. Frank for any immoral purpose. I have known Jim Conley ever since I have been at the factory. His general character for truth and veracity is bad. I would not believe him on oath.CROSS EXAMINATION.I know Mr. Darley and Mr. Wade Campbell. I don't remember if I was with them on the night of April 26th. I don't remember where I was.MISS OPIE DICKERSON, Sworn In For The Defendant, 139th To Testify

MRS EMMA CLARK FREEMAN, Sworn In For The Defendant, 140th To Testify

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MRS. EMMA CLARK FREEMAN, sworn for the Defendant.I have worked at the pencil factory over four years. Mr. Frank's general character is good. I am a married woman. I have known Conley ever since he has been at the factory. His general character for truth and veracity is bad. I would not believe him on oath.CROSS EXAMINATION.I have never heard any suggestion of any wrongdoing on the part of Mr. Frank, either in or out of the factory. I was forelady at the factory for about three years.MRS EMMA CLARK FREEMAN, Sworn In For The Defendant, 140th To Testify

MISS SARAH BARNES, Sworn In For The Defendant, 141st To Testify

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MISS SARAH BARNES, sworn for the Defendant.I worked at the pencil factory over four years. His character is good. I have never heard anything bad. He has been the best of men.CROSS EXAMINATION.No one has talked to me about what I was going to swear. I have told Mr. Arnold what I have told here. I never went with Mr. Frank for any immoral purpose anywhere.MISS SARAH BARNES, Sworn In For The Defendant, 141st To Testify

MISS IRENE JACKSON, Sworn In For The Defendant, 142nd To Testify

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MISS IRENE JACKSON, sworn for the Defendant.I worked at the pencil factory for three years. So far as I know Mr. Frank's character was very well. I don't know anything about him. He never said anything to me. I have never met Mr. Frank at any time for any immoral purpose.CROSS EXAMINATION.I am the daughter of County Policeman Jackson. I never heard the girls say anything about him, except that they seemed to be afraid of him. They never would notice him at all. They would go to work when they saw him coming. Miss Emily Mayfield and I were

MISS BESSIE FLEMING, Sworn In For The Defendant, 143rd To Testify

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MISS BESSIE FLEMING, sworn for the Defendant.I worked as stenographer at Mr. Frank's office from April, 1911, to December, 1911. Mr. Frank's character was unusually good.CROSS EXAMINATIONI am just talking about my personal relations with him. I have never seen him do anything wrong there in the factory. He never made any advances to me or anyone else. I worked right in the same office with him. The foreladies came to the office, the other girls did not very much. I never did see any flirting. I never heard about any. Mr. Frank worked on his financial sheet in the

MRS MATTIE THOMPSON, Sworn In For The Defendant, 144th To Testify

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MRS. MATTIE THOMPSON, sworn for the Defendant.I work on the fourth floor of the pencil factory. I have been there three years. Mr. Frank's general character is good. I have never heard anything against him. I have never met Mr. Frank anywhere or at any time for any immoral purpose. I have made complaint about girls flirting out of the windows with men on the outside. After seven o'clock, the girls are not supposed to be in the dressing room. There is no toilet or bathtub in the dressing room. There is no lock on the door.CROSS EXAMINATION.They were all

MISS IRENE CARSON, Sworn In For The Defendant, 145th To Testify

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MISS IRENE CARSON, sworn for the Defendant.I worked for fifteen months on the fourth floor of the pencil factory. I have known Mr. Frank during that time. His character is good. I am a sister of Miss Rebecca Carson, and a daughter of Mrs. E. H. Carson. I was with my sister on Whitehall Street on April 26th and recollect seeing Mr. Frank there. I have never met Mr. Frank at any time or place for any immoral purpose.MISS IRENE CARSON, Sworn In For The Defendant, 145th To Testify

MRS J J WARDLAW, Sworn In For The Defendant, 146th To Testify

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MRS. J. J. WARDLAW, sworn for the Defendant.I worked at the pencil factory four years. I worked on the fourth floor. Mr. Frank's character is good. I have never met Mr. Frank at any time or place for any immoral purpose.CROSS EXAMINATION.I have never heard of any improper relation of Mr. Frank with any of the girls at the factory. I have never heard of his putting his arm around any girl on the street car, or going to the woods with them.MRS J J WARDLAW, Sworn In For The Defendant, 146th To Testify

MISS EMILY MAYFIELD, Sworn In For The Defendant, 147th To Testify

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MISS EMILY MAYFIELD, Sworn for the defendant.I worked at the pencil factory last year during the summer of 1912. I have never been in the dressing room when Mr. Frank would come in and look at anybody that was undressing.CROSS EXAMINATION.I work at Jacob's Pharmacy. My sister used to work also at the pencil factory. I don't remember any occasion when Mr. Frank came in the dressing room door while Miss Irene Jackson and her sister were there.MISS EMILY MAYFIELD, Sworn In For The Defendant, 147th To Testify

MISSES ANNIE OSBORNE, REBECCA CARSON, MAUDE WRIGHT, AND MRS ELLA THOMAS,, Sworn In For The Defendant, Denotated As A Cluster Of People Who Testified Separately And Individually, 148th To Testify

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MISSES ANNIE OSBORNE, REBECCA CARSON, MAUDE WRIGHT, AND MRS. ELLA THOMAS, all sworn for the defendant, testified that they were employees of the National Pencil Company; that Mr. Frank's general character was good; that Conley's character for truth and veracity was bad and that they would not believe him on oath.MISSES ANNIE OSBORNE, REBECCA CARSON, MAUDE WRIGHT, AND MRS ELLA THOMAS,, Sworn In For The Defendant, Denotated As A Cluster Of People Who Testified Separately And Individually, 148th To Testify

8 PEOPLE, Sworn In For The Defendant From Misses Mollie Blair To Mrs Barnes, 149th To Testify

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MISSES MOLLIE BLAIR, ETHEL STEWARD, CORA COWAN, B. D. SMITH, LIZZIE WORD, BESSIE WHITE, GRACE ATHERTON, AND MRS. BARNES all sworn for the defendant testified that they were employees of the National Pencil Company, and work on the fourth floor of the factory; that the general character of Leo M. Frank was good; that they have never gone with him at any time or place for any immoral purpose, and that they never heard of his doing anything wrong.8 PEOPLE, Sworn In For The Defendant From Misses Mollie Blair To Mrs Barnes, 149th To Testify

20 PEOPLE,, Sworn In For The Defendant From Misses Corintha Hall To A. C. Holloway, 150th To Testify

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MISSES CORINTHA HALL, ANNIE HOWEL, LILLLIE M. GOODMAN, Velma Hayes, JENNIE MAYFIELD, IDA HOLMES, WILLIE HATCHETT, MARY HATCHETT, MINNIE SMITH, MAJORIE Mc CORD, LENA Mc MURTY, MRS. W. R. JOHNSON, MRS. S. A. WILSON, MRS. GEORGIA DENHAM, MRS. L. O. JONES, MISS ZILLA SPIVEY, CHARLES LEE, N. V. DARLEY, F. ZIGANKI, AND A. C. HOLLOWAY, all sworn for the defendant, testified that they were employees of the National Pencil Company and knew Leo M. Frank, and that his general character was good.20 PEOPLE,, Sworn In For The Defendant From Misses Corintha Hall To A. C. Holloway, 150th To Testify

39 PEOPLE,, Sworn In For The Defendant From D I Macintyre To Nathan Coplan, 151st To Testify

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D. I. MACINTYRE, B. WILDAJER, MRS. DAN KLEIN, ALEX DITTLER, DR. J. E. SOMERFIELD, F. G. SCHIFF, ALL. GUTRAN, JOSEPH GERSHON, PL. D. MCCARLEY, MRS. H. W. MEYER; MRS. DAVID MARX, MRS. A. I. HARRIS, M. S. RICH, L. H. ROSS, MRS. L. H. ROSS, MRS. JOSEPH BROWN, M. M. FITZPATRICK, EMIL DITTMER, WM. BAUER, MISS. HELEN LOBB, AL. FOX, MRS. MARTIN MAY, JULIAN V. BOMHM, MRS. MOLLIE HOSBERG, M. H. SILVERMAN, MRS. M. L. STERN, CHAS. ADLER, MRS. R. A. SOMH, MISS RAY KLEIN, A. J. JONES, L. MISTAIN, J. BERHARD, J. FOX, MARCUS LOEB, FRED, HILLBRON, A. C.

MRS M W CARSON, MARY PIRK, MRS DORA SMALL, MISS JULIA FUSS, R P BUTLER, JOE STELKER,, Sworn In For The Defendant, 152nd To Testify

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MRS. M. W. CARSON, MARY PIRK, MRS. DORA SMALL, MISS JULIA FUSS, R.P. BUTLER, JOE STELKER, all sworn for the defendant, testified that they were employees of the National Pencil Company; that they know Leo M. Frank and that his general character is good.MRS M W CARSON, MARY PIRK, MRS DORA SMALL, MISS JULIA FUSS, R P BUTLER, JOE STELKER,, Sworn In For The Defendant, 152nd To Testify

7 PEOPLE, Sworn In For The State From J R Floyd To Lem Smith, 153rd To Testify

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J. R. FLOYD, R. M. GODDARD, A. L. GODDARD, N. J. BALLARD, HENRY CARR, J. S. RICE, LEM SMITH, all sworn for the State, testified that they knew Daisy Hopkins; that her general character for truth and veracity was bad and that they would not believe her on oath. J. R. Floyd testified that he heard Daisy Hopkins talk about Frank and said there was a cot in the basement.7 PEOPLE, Sworn In For The State From J R Floyd To Lem Smith, 153rd To Testify

J T HEARN, Sworn In For The State, 154th To Testify

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J. T. Hearn, sworn for the State.I have known C. B. Dalton from 1890 to 1904. At first his general character was bad, but the last I knowed of him, it was good. I would believe him on oath.CROSS EXAMINATION.I heard of his being indicted for stealing and selling liquor, but the last year he was in Walton County he joined the church and I never heard a word against him after that.J T HEARN, Sworn In For The State, 154th To Testify

R V JOHNSON, Sworn In For The State, 155th To Testify

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R. V. JOHNSON, sworn for the State.I have known C. B. Dalton for about 20 years. His character for truth and veracity is good, and I would believe him on oath.CROSS EXAMINATION.I didn't hear he was indicted for liquor selling before he left my county. He was in good standing when he left the church. I knew he was in the chaingang for stealing about 18 or 20 years ago.W. M. COOK, W. J. ELDER, A. B. HOUSTON, J. T. BORN, W. M. WRIGHT, C. B. Mc Ginnis, F. P. HEFNER, W. C. HALE, LEON BOYCE, M. G. CALDWELL, A.

10 PEOPLE, Sworn In For The Defendant From Miss Myrtie Cato To Carrie Smith, 156th To Testify

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MISS MYRTIE CATO, MAGGIE GRIFFIN, MRS. C. D. DONEGAN, MRS. H. R. JOHNSON, MISS MARIE CARST, MISS NELLIE PETTIS, MARY DAVIS, MRS. MARY E. WALLACE, ESTELLE WINKLE, CARRIE SMITH, all sworn for the Defendant, testified that they were formerly employed at the National Pencil Company and worked at the factory for a period varying from three days to three and a half years; that Leo M. Frank's character for lasciviousness was bad.10 PEOPLE, Sworn In For The Defendant From Miss Myrtie Cato To Carrie Smith, 156th To Testify

MISS MAMIE KITCHENS, Sworn In For The State, 157th To Testify

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MISS MAMIE KITCHENS, sworn for the State in rebuttal.I have worked at the National Pencil Company two years. I am on the fourth floor. I have not been called by the defense. Miss Jones and Miss Howard have also not been called by the defense to testify. I was in the dressing room with Miss Irene Jackson when she was undressed. Mr. Frank opened the door, stuck his head inside. He did not knock. He just stood there and laughed. Miss Jackson said, "Well, we are dressing, blame it," and then he shut the door.CROSS EXAMINATION.Yes, he asked us if

MISS RUTH ROBINSON, Sworn In For The State, 158th To Testify

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MISS RUTH ROBINSON, sworn for the State in rebuttal.I have seen Leo M. Frank talking to Mary Phagan. He was talking to her about her work, not very often. He would just tell her, while she was at work, about her work. He would stand just close enough to her to tell her about her work. He would show her how to put rubbers in the pencils. He would just take up the pencil and show her how to do it. That's all I saw him do. I heard him speak to her; he called her Mary. That was last

MISS DEWEY HEWELL, Sworn In For The State, 159th To Testify

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MISS DEWEY HEWELL, sworn for the State in rebuttal.I stay in the Home of the Good Shepherd in Cincinnati. I worked at the pencil factory four months. I quit in March, 1913. I have seen Mr. Frank talk to Mary Phagan two or three times a day in the metal department. I have seen him hold his hand on her shoulder. He called her Mary. He would stand pretty close to her. He would lean over in her face.CROSS EXAMINATION.All the rest of the girls were there when he talked to her. I don't know what he was talking to

MISS MYRTICE CATO AND MISS MAGGIE GRIFFIN, Sworn In For The State, 160th To Testify

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MISS MYRTICE CATO and MISS MAGGIE GRIFFIN, both sworn for the State, testified that they had seen Miss Rebecca Carson go into the ladies' dressing room on the fourth floor with Leo M. Frank two or three times during working hours; that there were other ladies working on the fourth floor at the time this happened.MISS MYRTICE CATO AND MISS MAGGIE GRIFFIN,, Sworn In For The State, 160th To Testify

J E DUFFY, Sworn In For The State, 161st To Testify

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J. E. DUFFY, sworn for the State in rebuttal.I worked at the National Pencil Company. I was hurt there in the metal department. I was cut on my forefingers on the left hand. That is the cut right around there (indicating). It never cut off any of my fingers. I went to the office to have it dressed. It was bleeding pretty freely. A few drops of blood dropped on the floor at the machine where I was hurt. The blood did not drop anywhere else except at that machine. None of it dropped near the ladies' dressing room, or

W E TURNER, Sworn In For The State, 162nd To Testify

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W. E. TURNER, sworn for the State in rebuttal.I worked at the National Pencil Company during March of this year. I saw Leo Frank talking to Mary Phagan on the second floor, about the middle of March. It was just before dinner. There was nobody else in the room then. She was going to work and he stopped to talk to her. She told him she had to go to work. He told her that he was the superintendent of the factory, and that he wanted to talk to her, and she said she had to go to work. She

W P MERK, Sworn In For The State, 163rd To Testify

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W. P. MERK, sworn for the State in rebuttal.I have been a motorman for about three years, in the employ of the Georgia Railway & Electric Company. I know Daisy Hopkins. I have met her at the corner of Whitehall and Alabama Street between 2:30 and 3:30 on a Saturday. She said she was going to pencil factory. I made an engagement with her to go to her room to see her that Saturday. I was in a room with her at the corner of Walker and Peters Street about 8:30 o'clock. She told me she had been to the

GEORGE GORDON, Sworn In For The State, 164th To Testify

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GEORGE GORDON, sworn for the State in rebuttal.I am a practicing lawyer. I was at the police station part of the time when Minola Mc Knight was making her statement. I was outside of the door most of the time. I went down there with habeas corpus proceedings to have her sign the affidavit and when I got there the detectives informed me that she was in the room, and I sat down and waited outside for her two hours, and people went in and out of the door, and after I had waited there I saw the stenographer of

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