Author: Historical Librarian

Visible Translated Text Is As Follows: Q. You don't remember about that?A. No, sir.Q. You have no memory at all about that?A. No, sir.Q. What time did you get up the first morning you watched for him?A. I couldn't tell you to save my life.Q. Nor what time you went home, you couldn't tell me?A. No, sir, I couldn't tell you.Q. You couldn't tell me anything at all about that?A. No, sir.Q. The second time you watched for him. Can you remember the time you got back to the factory?A. No, sir, I couldn't tell you what time I got

Visible Translated Text Is As Follows: Q. The day after Thanksgiving. Do you remember what you had been doing that day?A. No, sir, but to my remembrance I think I came back to work the day after Thanksgiving.Q. Are you certain about that, or have you any memory at all about it?A. I think I came back to work.Q. What time did you get there?A. I don't know, sir, what time I got there.Q. What time did you leave that day?A. I don't know, sir.Q. You can't remember anything about that?A. No, sir.Q. The day before Thanksgiving, what time did

Visible Translated Text Is As Follows: Q. Or the second day, do you know how many hours?A. No, sir.Q. Nor the third?A. No, sir.Q. Or Thanksgiving?A. No, sir.Q. Do you know how much you were paid for either one of those days?A. Yes, sir, I can tell you what I was paid Thanksgiving Day when I watched for him.Q. Well, you know what that was $1.50?A. No, sir, I said it was $1.25.Q. Well, outside of the factory, do you remember what you got for your services?A. Outside of the factory, I remember once I got a half a dollar;

Visible Translated Text Is As Follows: Q. Well, the third one; was Snowball there that day?A. I disremember about the third Saturday.Q. Well the next one was Thanksgiving. Did you see him Thanksgiving morning?A. I didn't see him Thanksgiving morning, but I saw him the day before Thanksgiving.Q. That is the time when you heard Mr. Frank talking in the presence of Snowball?A. Yes, sir.Q. He didn't hesitate to talk for Snowball?A. No, sir.Q. He talked before Snowball just like he did before you?A. Yes, sir.Q. The first time he did that was Thanksgiving Day, that he talked before Snowball?A.

Visible Translated Text Is As Follows: Q. How long had Snowball worked at the factory?A. I don't know, sir.Q. Now, that time, when you watched in January, was Snowball there that day—I believe you said it was Wednesday?A. Yes, sir, I said I watched there in January.Q. Well, was Snowball there?A. I don't know whether he was or not?Q. Now, the only time you ever heard Mr. Frank say anything in front of Snowball was that time you have just mentioned? Thanksgiving, is that what you said?A. Yes, sir.Q. You heard him say something before Snowball then?A. One time was

Visible Translated Text Is As Follows: Q. He just come in there and commenced talking to you, and paid noattention to Snowball?A. He didn't know Snowball was in there.Q. In the elevator. How could he help seeing him if he was in theelevator?A. The elevator was gone down. Whenever I would get ready towork at night, he would send the elevator to the basement, and we wouldgo in the back room.Q. You were not on the elevator when you had that talk?A. No, sir, that talk was in the back room.Q. I am talking about just before Thanksgiving. You were

Visible Translated Text Is As Follows: Q. And she worked on the fourth floor?A. Yes, sir, she worked on the fourth floor.Q. Has she worked there in 1913?A. I don't know; I don't remember seeing her there; I don't know whether she has worked there in 1913 or not.Q. You can't remember that?A. No, sir, I can't remember that.Q. You worked on the same floor with her, didn't you?A. I didn't work with her at all. I worked on the same floor.Q. And you don't know whether she worked there in 1913 or not?A. No, sir, I don't remember.Q. But

Visible Translated Text Is As Follows: Q. What sort of ears did she have?A. She had ears like people.Q. Like folks?A. Yes, sir.Q. I didn't expect her to have them like a rabbit, and she didn't have,did she?A. No, sir, she didn't have ears like a rabbit.Q. Well, did she have large or small ears? - Do you remember that?A. No, sir, I didn't pay any attention to her ears, whether they werelarge or small.Q. You can't give any description of her at all now, can you, Jim?A. I can't give a description of her, except she was a white

Visible Translated Text Is As Follows: A. I don't know where Mr. Dalton works at.Q. When Mr. Dalton told you Christmas that she was going away, where was Mr. Dalton?A. He was there.Q. I know, but where was he when he told you that?A. He was coming out of the factory.Q. When was that?A. It was Saturday; I don't know the date.Q. You don't remember the date?A. No, sir.Q. You don't remember the date now?A. No, sir.Q. You don't remember his name?A. I know his name was Dalton.Q. What else besides Dalton?A. No, sir, I don't know his first name.Q.

Visible Translated Text Is As Follows: Q. About how tall was he--would you say he was?A. Well, he was tall; I guess he was about as tall as that young man sitting there.Q. About as tall as this man (indicating Mr. Arnold)?A. Yes, sir.Q. Weighing about as much?A. I don't know whether he would weigh as much as that man, or not.Q. Does he look like he would weigh about that much?A. Yes, sir, he looks like he would weigh about that much.Q. Then he was about the size of Mr. Arnold, Mr. Dalton was?A. Yes, sir, just about that

Visible Translated Text Is As Follows: Q. When did you see him again?A. I saw him again about two weeks after that.Q. What was he doing then?A. I just met him in the door then.Q. Met him in the door?A. Yes, sir.Q. What date was that, about when?A. I don't know; it was on a Saturday; I disremember the time.Q. That is the time you have already talked about. You have done toldabout that?A. Yes, sir, I have done told about it.Q. This morning?A. Yes, sir.Q. I don't know, somewhere about the last of August, I reckon.A. About the last

Visible Translated Text Is As Follows: Q. Where did you see him the last time?A. The detectives brought him down there to the station house, andsaid had I ever seen him about in there.Q. And you told them what you knew?A. Yes, sir, I told them about what I knew.Q. And you haven't seen Mr. Dalton since?A. No, sir.Q. Now, Jim, how was Mr. Dalton dressed the first time you ever sawhim?A. - Well, I disremember now how he was dressed.Q. Can't you give us any help about that at all?A. All I can remember him having on, I think,

Visible Translated Text Is As Follows: Q. What time did he leave there?A. Well, I don't know. He left away from there somewhere about two or half past two, I reckon.Q. Well, don't reckon, please; tell what you remember?A. He left away from there about two or half past two, all right; I couldn't say just what time it was.Q. You don't know what time it was?A. He generally stayed—Q. Not what he generally did; but on that particular day—that day, what time did he leave—the first time you said you waited for Mr. Frank?A. He left away from there

Visible Translated Text Is As Follows: Q. This year?A. Yes, sir.Q. I am not talking about that. Did you see Mr. Darley that timewhen Mr. Holloway was sick?A. When Mr. Holloway was sick, I disremember now whether I seenMr. Darley that day or not.Q. Did you see Mr. Schiff that day?A. I disremember whether I saw Mr. Schiff or not.Q. You disremember that?A. Yes, sir.Q. Did you see anybody that day?A. Yes, sir, I seen somebody that day.Q. Who?A. I saw Mr. Frank that day for one person.Q. I know; but outside of Mr. Frank, who else of the office

Visible Translated Text Is As Follows: Q. That was behind Thanksgiving Day?A. Yes, sir.Q. Before or after Thanksgiving?A. This here was before Thanksgiving.Q. Haven't you said half a dozen times that you watched in September,and that was after you Thanksgiving? Haven't you told that a dozen times tothe jury?A. I said it was after Thanksgiving.Q. Yes?A. Well, September is after Thanksgiving.Q. Your understanding is that it was after Thanksgiving?A. Yes, sir, it was after Thanksgiving.Q. So that it was in September, after Thanksgiving?A. Yes, sir.Q. That is correct, now, Jim?A. Yes, sir, after Thanksgiving.Q. Yes, that is right. Well, now,

Visible Translated Text Is As Follows: Q. What time did Mr. Holloway leave?A. Mr. Holloway left away from there about two o'clock.Q. The next time you watched was right after Christmas?A. No, sir, the next time I watched was Thanksgiving Day, then—Q. You said awhile ago September was after Thanksgiving?A. Yes, sir, after Thanksgiving day.Q. All right. Well, now, Thanksgiving Day you have told about in January, who did you see there in January, I mean who of the force?A. I disremember now who I did see in January when I was there that morning.Q. You didn't remember?A. Yes, sir,

Visible Translated Text Is As Follows: Q. Thanksgiving Day?A. No, sir, he wasn't working in the office on Thanksgiving.Q. The next time, was there any ladies working on the fourth floor?A. I don't remember.Q. You don't remember whether there was or not?A. No, sir.Q. You can't remember that?A. No, sir.Q. They might have been?A. I didn't see none of them there.Q. You didn't see them?A. No, sir.Q. You only saw them working there one day?A. I saw them working there the second evening.Q. On the fourth floor.A. Did you say anything about - Do they know you told about watching

Visible Translated Text Is As Follows: "When the witness Conley was still on the stand his testimony not having been finished, the defendant, by his attorneys, moved to rule out, withdraw and exclude from the jury each and all the answers, moved to rule out, withdraw cause the same are irrelevant, immaterial, the above questions and answers, bematters and things irrelevant and disconnected with the issues of this case.After hearing argument of counsel, the Court overruled the motion to rule out, withdraw or exclude said above stated questions and answers from the jury, but permitted the same to remain before

Visible Translated Text Is As Follows: weight, she was nice looking, had on a blue looking dress with white dots in it, had on a greyish looking coat with kind of tails on it, white stockings, white slippers andCROSS EXAMINATION"The first time I watched for Mr. Frank was sometime during last summer, about in July. I would be there sweeping and Mr. Frank come out and called me in the office. That was on a Saturday, about three o'clock. As to what Mr. Dalton would do, the young lady that worked at the factory would go out and get him

Visible Translated Text Is As Follows: all right, old boy, I don't want you to have anything to say to Mr. Herbert or Mr. Darley about what's going on around here.' The next time I watched was Thanksgiving day. I met Mr. Frank there about eight o'clock in the morning. He says: 'A lady will be here in a little while, me and her are going to chat. I don't want you to do no work, just watch. The lady came in about a half an hour. I didn't know her. I have never seen her working at the factory.

Visible Translated Text Is As Follows: Miss Daisy Hopkins left at Christmas, because Mr. Dalton told me that she wasn't coming back. It was one Saturday. Mr. Dalton was a slim looking man and tall, with thick eye lashes, black hair, light complected, weighed about 135 pounds, about thirty-five years old. I seen him around the factory several times. The first time was somewhere along in July, when he come in there with a lady. About two weeks after that, I seen him at the door, about the last of August. The next time was just about Thanksgiving Day. Then

Visible Translated Text Is As Follows: When the solicitor first sought from the witness Conley the evidence here sought to be excluded the defendant objected because the evidence sought to be brought out would be immaterial. The Court ruled that such evidence would be immaterial, but after this ruling the solicitor brought out the direct testimony here sought to be ruled out and excluded. After the direct testimony supra had been brought out after the Court's ruling, the cross-testimony supra here sought to be withdrawn was also brought out in an effort to modify or explain the direct evidence. Under

Visible Translated Text Is As Follows: and said: "Mr. Frank, Chief Beavers, Chief Lanford and Scott and Conley want to talk with you, if you want to see them;" that Frank said: "No, my attorney is not here, and I have got nobody to defend me;" that his lawyer was not there, and that no one was there to listen to what might be said.The Court erred in admitting this evidence for the reasons above stated.The solicitor in his argument pressed upon the jury that the failure of Frank to face this negro and the detectives was evidence of guilt,

Visible Translated Text Is As Follows: not give to sustain their opinions individual and isolated experiments but must answer from their knowledge of the science obtained from all sources, that . . ."Knowing the facts that cabbage would pass out of the stomach very quickly in a normal one I ascertained here digestion, and as soon as I saw the cabbage in this case, I at once felt certain that the girl either came to her death or possibly the blow on her head at any time, perhaps three quarters of an hour or half an hour or forty minutes,

Visible Translated Text Is As Follows: examination showed plainly that it had not begun to dissolve, or at least, onlya very slight degree, and it indicated that the process of digestion had notgone on to any extent at the time this girl was rendered unconscious at anyrate. I wish further to state that on examination Mary Phagan's stomach Ifound that the starch she had eaten had not even the beginning of alteration;there were a few of the starch cells which had not even the beginning of the pro-cess of digestion, having changed into the substance called starch-dextrine,but these were very

Visible Translated Text Is As Follows: in the basement; that he saw Conley there when he went there; that some-times when he saw him in his office there would be ladies there, sometimes Conley there, but sometimes he would give a quarter, that he did that a half dozen or more times; that he went to his office about once a week for a half dozen weeks, that he saw Frank there in the evenings and in the day times; sometimes he would see cold drinks in the office, Coca-Cola, lemon limes, etc., that sometimes he saw beer in the

Visible Translated Text Is As Follows: Q. (Looked at No. 12). Did Frank have any knowledge of your business down there?A. I don't know; he knowed I was in the basement; he knowed I was there.Q. Was Conley there when you were?A. Yes, sir; I seen Conley there at night; the night-watchman, too—he wasn't Conley.Q. At the time you saw Frank there was anybody else in the office with him?A. Yes, sir; there would be some ladies there; sometimes two and sometimes one, maybe they didn't work in the morning and would be there in the evening.Q. How many times

Visible Translated Text Is As Follows: did not disclose the fact that Mrs. White saw the negro on April 26th, was evidence that the defendant was seeking to suppress testimony material to the discovery of the murderer.24. Because, during the trial, and on August 3, 1913, pending the motion of defendant's counsel to rule out the testimony of the witness Conley tending to show acts of perversion on the part of the defendant and acts of immorality wholly disconnected with and disassociated from this crime. (Such evidence being set out and described in grounds 13 and 14 of this motion.)The

Visible Translated Text Is As Follows: The Court: "Well, he knows what he is asking him."Upon this suggestion of the Court, that the Solicitor knew what he was doing, the spectators in the court-room applauded, creating quite a demonstration.Mr. Arnold again complained of the conduct of the spectators in the courtroom. The Court gave no relief, except directing the Sheriff to find out who was making the noise, to which Sheriff replied that he could maintain order only by clearing the court-room.25. Because the Court erred in admitting, over the defendant's objection, made at the time the testimony was offered,

Visible Translated Text Is As Follows: that to the State authorities; was a circumstance going to show the guilt ofFrank.27. Because the Court permitted the witness Harry Scott, to testify overthe objection of defendant's counsel, made while the testimony was offered,that the same was irrelevant, immaterial, illegal and not binding on the de-fendant, that the witness first communicated Mrs. White's statements aboutseeing a negro on the street floor of the pencil factory on April 26, 1913, toBlack, Chief Lanford, and Bass Rosser, that the information was given tothe detectives on April 28th.The Court, over the defendant's objections, permitted the above

Visible Translated Text Is As Follows: Epps who claimed that on Saturday of the crime he accompanied Mary Phagan from a point on Bellwood Avenue to the center of the city of Atlanta, by showing that on April 27th at the house of Epps, he asked George, together with his sister, when was the last time they saw Mary Phagan. In reply, the sister of Epps said she had seen Epps on the previous Thursday, but the witness Epps said nothing about having ridden down with Mary Phagan the day of the murder but did say he had ridden to

Visible Translated Text Is As Follows: Q. Why, Mr. Schiff, if this is the door right here and—A. Mr. Dorsey I know that factory.Q. Well, I am trying to get you to tell us if you know it; you have no objection to telling it, have you?(Here objection was made by defendant's counsel that Schiff had shown no objection to answering the questions of the Solicitor and that such questions as the one next above, which indicated that the witness did object to answering was improper.)Mr. Dorsey: I have got a right to show the feeling.The Court: Go on, now,

Visible Translated Text Is As Follows: (Objection was here made by the defendant that the answer sought would be immaterial.)The Court: Well, I don't know what it is, ask him the question.Q. Didn't you tell Gantt the reason why Frank said he was going to turn you off?A. No, sir.Q. Didn't Frank tell you he was going to turn you off unless you would permit him to do with you what he wanted to do?A. No, sir.Q. No such conversation ever occurred?A. No, sir.Q. With M. Gantt, the man who was bookkeeper and was turned off there?A. No, sir, I

Visible Translated Text Is As Follows: that Frank had committed disagreeable and prejudicial acts with the witness and the final assertion of the solicitor when the Court ruled it out that he would introduce Gantt and let the Court rule on Gantt too, was highly prejudicial to the defendant. The Court erred in permitting the solicitor to make the insinuations and to indulge in the threats that he would let the Court rule on Gantt too, in the presence of the jury and without any rebuke on the part of the Court. The Court erred in not formally withdrawing these

Visible Translated Text Is As Follows: 36. Because the Court permitted, at the instance of the solicitor the witness Sig Montag, to testify over the objection of defendant, made at the time the testimony was offered that same was irrelevant, immaterial, and incompetent, that he got the reports made of the crime by the Pinkertons and that they were made. That these reports were sometimes every day and then they did not come for a few days and then came again. That he practically got every day's report; that he got the report about finding the big stick and about

Visible Translated Text Is As Follows: past twelve. That they were on their schedule time on April 26th and did reach that place at 12:07 or 12:07½. What other crews did at other times or even what this crew did on other oceans was wholly immaterial and in no way illustrated just what took place on the trip wherein Mary Phagan came to town. That other crews often came ahead of time or that this particular crew often came in ahead of time was wholly immaterial.38. Because during the examination by Mr. Arnold, counsel for the defendant, of V. H.

Visible Translated Text Is As Follows: not see anyone of the city detectives and that included Scott. Frank did not tell me that, the inference was without Mr. Rosser's consent, that was the ceive none of the city detectives without Mr. Rosser's consent, that was the substance of his conversation. Mr. Roberts came up and announced the city detectives; this was at Frank's cell in the county jail."The Court permitted this testimony to go to the jury over the objections — made as above stated, and in doing so committed error.This was especially prejudicial to the defendant, because the Solicitor,

Visible Translated Text Is As Follows: case of murder and can not be heard in a murder trial, even when the defend-ant has put his character in issue.41. Because the Court permitted the witness W. D. MoWorth to testify,at the request of the Solicitor-General, over the objection of the defendantmade at the time the testimony was offered, that the same was immaterial,"Mr. Pierce is the head of the Pinkerton office here. I do not know wherewhere he is; the last time I saw him was Monday evening. I do not knowMr. Whitfield is (Mr. Whitfield was also a Pinkerton man).

Visible Translated Text Is As Follows: Q. Who was undressing?A. Ermile Mayfield, and I came in the room, and while I was in there,Mr. Frank came to the door.Q. Mr. Frank came in the door?A. Yes, sir.Q. What did he do?A. He looked and turned around and walked out.Q. Did Mr. Frank open the door?A. Yes, he just pushed it open.Q. Pushed the door open?A. Yes, sir.Q. And looked in?A. Yes, sir.Q. And smiled?A. I don't know whether, I never notice to see whether he smiled or not,he just kind of looked at us and turned around and walked out.Q.

Visible Translated Text Is As Follows: Q. Now when was it that he run in there on Miss Ermile Mayfield?A. It was the middle of the week after we had started to work, I don't remember the time.Q. The middle of the week after you had started to work?A. Yes, sir.Q. Was that the first time you ever heard of his going in the dressing room, or anybody?A. Yes.Q. That was the first time?A. Yes, sir.Q. Then that was reported to this forelady?A. Yes, sir.Q. Then when was the second time that you heard he went in there?A. He went

Visible Translated Text Is As Follows: Q. Then did you hear it talked of?A. I have heard it spoken of, but I don't remember.Q. You have heard them speak of other times when you were not there, is that correct?A. Yes, sir.Q. How many times when you were not there? That is three times you saw him; how many times did you hear them talk about it when you were not there?A. I don't remember.Q. What did they say Mr. Frank did when he would come in that dress- ing room?A. I don't remember.Q. Did he say anything those three

Visible Translated Text Is As Follows: Q. Well, he pushed the door open and stood in the door, did he?A. Stood in the door.Q. Looked in and smiled?A. Yes, sir.Q. Didn't you say that?A. I don't remember now, he smiled or made some kind of a face whichlooked like a smile, like smiling at Ermile Mayfield.Q. At Ermile Mayfield, that day she was undressed?A. But he didn't speak, yes sir.Q. He didn't say a word, did he?A. No, sir.Q. Did he say anything about any flirting?A. Not to us, no, sir.These questions and answers were objected to for the reasons

Visible Translated Text Is As Follows: Q. Go ahead.A. He was telling his story as he went through there, and he said when he got up there, he went back and he said he found this body back in that place.Q. Go ahead and tell what he said and did.A. He was talking constantly all the way. I don't know how he made out a part of his story.Q. Go ahead now, and state what Conley did and said as he went through that factory?A. Well when he got back — After reaching this point at the rear left side

Visible Translated Text Is As Follows: Mr. Frank got on the elevator. Mr. Frank was waiting there for him; then they brought the elevator on up to the second floor, and he had them to stop the elevator just, I suppose, foot or a little more below the landing, and he said Mr. Frank jumped off of the elevator, and went around to a point, and after getting up, he told Mr. Frank to wash his hands, and that he showed us back of the elevator where Mr. Frank was gone to a sink that he and he said he

Visible Translated Text Is As Follows: Q. Not longer than that, and he got there at 12:20, then; and what time did you go away?A. I left a little after one.Q. How much after one?A. I do not know, probably five or ten minutes.Q. One-ten then; now, how much of that time during that time you were there did it take Conley to act what he said, leaving out the conversation he had with the different men?A. That would be a difficult thing for me to estimate, while he was acting, he was acting very rapidly, he kept us on

Visible Translated Text Is As Follows: 46. Because the Court permitted the witness Mrs. J. J. Wardlaw, who before her marriage was Miss Lula McDonald, to be asked by the Solicitor-General the following questions and to make the following answers:Q. You never knew of his improper relations with any of the girls at the factory?A. No, sir.Q. Now, did you ever, do you know, or did you ever hear of a girl who went with Mr. Frank on a street car to Hapeville the Saturday before Mary Phagan was murdered?A. No, sir.Q. On the same street car with Hermes Stanton

Visible Translated Text Is As Follows: 47. Because the Court permitted the witness, W. E. Turner, at the instance of the Solicitor and over the objection of the defendant made at the time the evidence was offered that same was irrelevant, immaterial and dealt with other matters than the issues involved, to testify:"I saw Mr. Frank talking to Mary Phagan on the second floor of the factory about the middle of March. Frank was talking to her in the back part of the building. It was just before dinner. I do not know whether anybody was in the room besides

Visible Translated Text Is As Follows: the members on adjournment that it was their wish that he should still continue as Secretary and Director of the Laboratory.""The President then made a short statement in support of his protest against the Secretary, and reiterated some of the charges made at the previous meeting, and in addition made objection against the Secretary's action in sending out antitoxine No. 64, which had been recalled by tests made in Washington to be of less potency than it was originally labelled and also condemning the Secretary for replacing Dr. Paulin and personally taking up the

Visible Translated Text Is As Follows: Dr. Westmoreland who had once been president of the State Board of Health and Dr. Harris, who had been and was its Secretary. This row between the doctors stated is utterly-immaterial and irrelevant and was harmful to the defendant because it tended to discredit the testimony of Dr. Westmoreland who resigned from the Board and to sustain the testimony of Dr. Harris, who remained as Secretary of the Board after Dr. Westmoreland's resignation.49. Because the court permitted the witness E. H. Pickett to testify over the objection made when the testimony was offered that

Visible Translated Text Is As Follows: The Court permitted this testimony to go to the jury over the objections above stated and in doing so committed error for the reasons stated. Movant contends that this was prejudicial to the defendant because it was a material matter to determine at what time his car got to Marietta and Broad streets on the day of the murder, and it confused and misled the jury to hear testimony as to when he got there upon days other than the day of the murder.51. Because the Court permitted the witness J. C. McEwen, at

Visible Translated Text Is As Follows: the center of town, junction of Broad and Marietta, at 12:05. At the time Mathis was running ahead of this Fair Street car, which is due at 12:05 at the junction of Marietta and Broad Sts., the Fair Street car would be on its schedule. I have compared my watch with Mathis' watch prior to April 26th. There was at times a difference of from 20 to 30 or 40 seconds. We were both supposed to carry the right time. When I came in with my watch with Mathis' I suspect mine was correct,

Visible Translated Text Is As Follows: "I got hold of the information about Conley knowing how to write through my operatives that I had investigating while I was out of town. McWorth told me in person when I returned."The Court permitted this testimony over the defendant's objections, as above stated, and in doing so committed error. It was prejudicial to the defendant, because the solicitor contended that the failure of Frank to report the fact that Conley could write, was a circumstance against Frank's innocence, and he sought to show by the above testimony that the detectives were forced to

Visible Translated Text Is As Follows: 57. Because the Court permitted the witness Miss Dewie Hewell, over the objection of the defendant that the same was irrelevant, immaterial, incompetent, illegal and dealt with separate and distinct matters and issues from this case, to testify:"I am now staying in the Station House. Before I came to Atlanta to testify I was in Cincinnati, Ohio, in the Home of the Good Shepherd. I worked at the Pencil Company during February and March, 1913. I quit there in March. I worked on the fourth floor and worked in the metal room, too. I

Visible Translated Text Is As Follows: 60. Because the Court refused to give the following pertinent legal charge in the language requested:"The jury are instructed that if under the evidence they believe the theory that another person committed this crime is just as reasonable and just as likely to have occurred as the theory that the defendant committed the crime, that then the evidence would not in a legal sense have excluded every other reasonable hypothesis than that of the prisoner's guilt and you should acquit him."This request was submitted in writing and was handed to the Court before the

Visible Translated Text Is As Follows: This request was submitted in writing and was handed to the court before the jury had retired to consider of their verdict and before the court began his charge to the jury.This request was a legal and pertinent one, particularly adjusted to the facts of the case and should have been given, and the Court in declining to give it committed error, although the general principle involved may have been given in the original charge.63. Because the Court declined to give the following pertinent legal charge in the language requested:"No presumption can arise against

Visible Translated Text Is As Follows: the court house and, in the hearing of the jury, cheered and shouted 'Hurrah for Dorsey' in the hearing of the jury.That on Saturday, August 23, 1913, while the trial was still on, and when the court adjourned and Mr. Dorsey emerged from the court room a large crowd, standing on the street, applauded and cheered Mr. Dorsey, shouting 'Hurrah for Dorsey.'The jury occupied a room in a cafe.About 100 feet away, and a portion of the crowd moved up in front of the cafe, which was open at lunch, and in the hearing

Visible Translated Text Is As Follows: Mr. Arnold testified: I wish to state that on Friday when court adjourned Mr. Dorsey left the court room and as he left the court room I heard loud cheering at the front. On Saturday, when court adjourned, I asked Mr. Dorsey not to go out until the jury had gotten away from there. I they could hear the noise of the crowd, for they should cheer him again as he left the court room. Mr. Dorsey said he might, and remained in the court room for a while. Finally, I thought the crowd

Visible Translated Text Is As Follows: The Court paid no further attention to this applause than to ask, "What is the matter with you over there?"In failing to grant the mistrial requested, the Court erred. The motion, taken in connection with the admitted and proven facts, movant contends, clearly show that the defendant was not having a fair trial by reason of the great excitement of the crowd. The court room was in an exceedingly small building, on the ground floor, and was crowded during the whole of the trial and defendant contends that this prejudice and animosity of the

Visible Translated Text Is As Follows: stration. Defendant's counsel complained of the conduct of the spectators in the court room. The Court gave no relief except directing the sheriff to find out who was making the noise.(c) During the examination by Mr. Arnold, counsel for the defendant, of V. H. Kreighaber, a witness for the defense, there was laughter in the audience sufficiently generally distributed throughout the audience and loud enough to interfere with the examination. Mr. Arnold called the Court's attention to the interruption for the purpose of obtaining some action from the Court thereon.The Court stated that if

Visible Translated Text Is As Follows: Court of his own motion cleared the room before the jury announced their verdict. When the verdict of guilty was rendered, the fact of the rendition of such verdict was signaled to the crowd on the outside, which consisted of a large concourse and crowd of people standing upon Hunter and Pryor Streets. Immediately upon receiving such signal and while the court was engaged in polling the jury and before the polling ended, great shouts arose from the people on the outside, expressing gratification. Great applauding, shouting and halloing was heard on the streets

Visible Translated Text Is As Follows: the poll of the jury, which was then in progress, and not finished. Indeed, so great was the noise and confusion without that the Court heard the responses of the jurors during the polling with some difficulty. The Court was about 10 feet from the jury. In the court room was the jury, lawyers, newspaper men, and officers of the court, and among them there was no disorder.The polling of the jury is an important part of the trial. It is inconceivable that any juror, even if he was not his own, to announce

Visible Translated Text Is As Follows: on cross examination if these statements in this affidavit were true, and had denied that these statements were true.69. Because the Court erred in permitting Mr. Hooper, for the State, to argue to the jury that the failure of the defense to cross-examine the female witnesses who, in behalf of the State, had testified to the bad character of Frank for lasciviousness, was strong evidence of the fact that, if the defendant had cross-examined them, they would have testified to individual incidents of immorality on the part of Frank; that the defendant's knowledge that

Visible Translated Text Is As Follows: This address of the solicitor was made in the hearing, and in the presence of the jury, without any protest or comment on the part of the Court.The defendant made no objection to this argument at the time same was being had, for the reason that similar argument made by Mr. Hooper had been objected to by counsel, and their objection overruled. The objection made to the argument of Mr. Hooper was not here repeated, for the reason that the Court had stated, in the outset of the case, that objection once noted in

Visible Translated Text Is As Follows: had been influenced by the fact that certain physicians called were the family physicians of some of the jurors. In discussing it, the solicitor said: "It would not surprise me if these able, astute gentlemen, vigilant as they have shown themselves to be, did not go out and get some doctors who have been the family physicians, who are well known to some of the members of this jury, for the effect it might have upon you when I am going to show that there must have been something besides the training of these

Visible Translated Text Is As Follows: 75. Because this defendant, as he contends, 'did not have a fair and impartial jury trial, guaranteed to him under the laws of this State, for the following reasons, to-wit: 'Public sentiment seemed to the Court to be greatly against him. The court room was a small room, and during the argument of the case so far as the Court could see about every seat in the court room was taken, in and without the bar, and the aisles at each end of the court room were packed with spectators. The jury, in going

Visible Translated Text Is As Follows: When the jury was finally charged by the Court, and the case submitted to them, and when Mr. Dorsey left the court room, a large crowd on the outside of the court house, and in the streets, cheered by yelling, and clapping hands, and yelling "Hurrah for Dorsey."When it was announced that the jury had agreed upon a verdict, crowds had thronged the court room to such an extent that the Court felt bound to clear the court room before receiving the verdict. This the Court did. But, when the verdict of the jury

Visible Translated Text Is As Follows: not convict Frank under the testimony of Conley alone; but that, to do so, there must be a witness other than Conley or circumstances corroborating the evidence of Conley.78. Because the Court permitted the witness, Irene Jackson, at the instance of the solicitor-general, and over the objection of the defendant, made at the time the testimony was offered, that the same was irrelevant, immaterial, illegal, and prejudicial to the defendant, to testify substantially as follows:"I remember having a conversation with Mr. Starnes about a dressing room incident. I told him that Mr. Frank came

Visible Translated Text Is As Follows: prejudice in the minds of the jurors against the defendant; and, not to illustrate the question of whether he was or was not the murderer of Mary Phagan. The Court overruled these objections and let the testimony go to the jury; and in doing so, movant contends, erred for the reasons above stated.79. Because the Court permitted the witness, Harlee Branch, at the instance of the solicitor-general, to testify to incidents at the pencil factory, wherein Conley, after having made the third affidavit, purported to re-enact the occurrence of the murder between himself and

Visible Translated Text Is As Follows: carry it back, and he put the body on his shoulder and carried it back to this sawdust which is away back here, and that he came on back, and he said there was some things in here which he threw on this trash pile, and Mr. Frank, he said, was up in the cubby hole, he came out somewhere back there— and later he led us up there—and that Mr. Frank told him to run the elevator up; so Conley and the officers and Mr. Frank got us who were with him came

Visible Translated Text Is As Follows: (b)--The sayings and actings of Conley, as aforesaid, not under oath, had and 'made without cross-examination, and reported by the witness to the Court, the net result of which is a repetition of Conley's statement, without the sanction of an oath.(c) That Conley went to the factory immediately after making his last affidavit; that that last affidavit is not the way he made the story on the-stand; that he tells it wholly differently on the stand; at least differently in many particulars; that it can not help the jury (Conley to go to illustrate

Visible Translated Text Is As Follows: Q. Not very much? Well, answer the question: yes or no; are you acquainted?A. All right, she said, not very much.The Court admitted the above questions and answers, over the objection of defendant as above stated, and thereby erred, for the reasons stated.83. Because the Court, over the objection of the defendant, made at the time the evidence was offered, that the same was immaterial, incompetent, illegal and prejudicial to the defendant, permitted the solicitor-general to ask the following questions, and the witness, Miss Marie Carst, to make his (Frank's) general character for lasciviousness;

Visible Translated Text Is As Follows: illegal and prejudicial to the defendant, permitted the solicitor-general to ask the following questions, and the witness, Mrs. Mary E. Wallace, to make the following answers:Q. I will ask you now if you are acquainted with his general character for lasciviousness; that is, as to his (Frank's) attitude towards girls and women?A. Yes, sir.Q. Is that good or bad?A. Bad.The Court admitted the above questions and answers, over the objection of the defendant as above stated, and thereby erred, for the reasons stated.87. Because the Court, over the objection of the defendant, made at

Visible Translated Text Is As Follows: Avenue car reached Broad Street at 12:07. The Court permitted this and other like testimony to be introduced as tending to discredit their statements that the car was on schedule time that day. In doing this the Court erred, for the fact that the English Avenue car was ahead of time as much as four minutes on other days did not indicate that it was ahead of time on the day of the murder.89. Because the Court erred, over the objection of the defendant that the same was irrelevant and immaterial and prejudicial to

Visible Translated Text Is As Follows: Q--You don't know, you never heard anybody say that Mr. Frank would take girls in his lap in his office here?A. No.(Here objection was made by Mr. Arnold.)The Court: On cross examination he can ask what he has heard of certain things.Mr. Arnold: Up to April 26th?The Court: Yes, sir.Mr. Dorsey: I am not four-flushing or any such thing; I am going to bring the witnesses here.Q. You never heard of Frank going out there to Druid Hills and being caught did you, before April 26th?A. No, but our reporter, it was his business

Visible Translated Text Is As Follows: Q. Did you ever hear C. D. Donegan talk about Frank?A. No, sir.Q. You never heard any of these factory people talk about him?A. No, sir.The Court erred in permitting the solicitor, although the witness denied hearing all of the remarks referred to, to say in the presence of the jury that he was not four-flushing, but that he was trying to bring the witnesses there, thereby improperly saying to the jury that he had such witnesses and meant to bring them in.The Court erred in not withdrawing this whole subject from the jury

Visible Translated Text Is As Follows: Mr. Arnold: I got it out of the public prints, at the time, Mr. Dorsey published all over the country, I read it in the newspapers, that's where I got it.Mr. Dorsey (resuming): On April 15, 1913, Mr. C. M. Pickett, the district attorney of the City of San Francisco, wrote a letter—Mr. Pickett and Mr. Arnold. I want to object to any communication between Mr. Pickett and Mr. Dorsey—it's just a personal letter from one man, and I could write to some other person there and get fifty just as satisfactory to me,

Visible Translated Text Is As Follows: The Court: You can state, Mr. Dorsey, to the jury, your information about the Durant case, just like he did, but you can read anything—don’t introduce any evidence.Mr. Dorsey (resuming): My information is that nobody has ever confessed the murder of Blanche Lamont and Minnie Williams. But, gentlemen of the jury, as I’ll show you by reading this book, it was proved at the trial, and there can be no question about the fact, Theodore Durant was guilty, the body of one of these girls had been found in the belfry of the church

Visible Translated Text Is As Follows: The solicitor-general having, in his concluding argument, made the various statements of fact about the Durant case, as shown in the preceding ground of this motion, the judge erred in failing to charge the jury as follows, to-wit:“The jury are instructed that the facts of other cases read or stated in your hearing are to have no influence upon you in making your verdict.You are to try this case upon its own facts and upon the opinion you entertain of the evidence here introduced.”95. Because the Court should have given in charge the instruction

Visible Translated Text Is As Follows: wonderful endowments which, if directed in the right line, bring honor and glory; if those same faculties and talents are perverted and not controlled, as was the case with this man, they will carry him down. Look at McCue, the mayor of Charlottesville, a man of such reputation that the people ele- vated him to the head of that municipality, but notwithstanding that good reputation, he didn't have rock-ribbed character, and becoming tired of his wife, he shot her in the bath-tub, and the jury of gallant and noble and courageous Virginia gentlemen, noting

Visible Translated Text Is As Follows: Mr. Arnold: That's absolutely incorrect, they never saw Quinn there then, and never swore they did.Mr. Dorsey (resuming): No, they didn't see him there; I doubt if anybody else saw him there, either.Mr. Arnold: If a crowd of people here laughs every time we say anything how are we to hear the Court? He has made a whole lot of little misstatements, but I let those pass, but I am going to interrupt him on every substantial one he makes. He says those two young Quinns—says they say Quinn was there before 12, and

Visible Translated Text Is As Follows: the defendant's wife had not visited him for a certain time after he was firstimprisoned, told the jury:"Do you tell me that there lives a true wife, conscious of her husband'sinnocence, that wouldn't have gone through snap-shooters, reporters andeverything else, to have seen him."Whereupon the following colloquy ensued:Mr. Arnold: I must object to as unfair and outrageous an argument asthat, that his wife didn't go there because of any consciousness of guilt on hispart. I have sat here and heard the fairest argument I have ever heard,and I can't object to it, but I

Visible Translated Text Is As Follows: 98. Movant says that a new trial should be granted because of the following:The Solicitor-General, in his concluding argument to the jury, spoke as follows: -If there be a negro who accuses me of a crime of which I am innocent, I tell you, and you know it's true, I'm going to confront him, even before any attorney, no matter who he is, returns from Tallulah Falls, and if not then, I will tell you just as soon as that attorney does return, I'm going to see that that negro is brought into my

Visible Translated Text Is As Follows: Mr. Dorsey (resuming): Now, may it please Your Honor, if they don't see the force of it, you do—Mr. Rosser: I want to know, is Your Honor's ruling to be absolutely disregarded like that?The Court: Mr. Dorsey, stay inside of the record, and quit commenting on what they say and do.Mr. Dorsey: I am inside of the record, and Your Honor knows that's an entirely proper comment.Mr. Rosser: Your Honor rules—he says one thing and then says your Honor knows better.Mr. Dorsey: Your Honor knows I have got a right to comment on the

Visible Translated Text Is As Follows: The Solicitor-General, in his concluding argument, referring to the visitof the defendant to Bloomfield's undertaking establishment, on April 27, madethe following remarks to the jury:Frank says that he visited the morgue only once but twice. If hewent down there and visited that morgue and saw that child and identifiedher body, and it tore him all to pieces, as he says you it did, let any honestman, I don't care who he be, on this jury, seek to fathom the mystery of thisthing; tell me why it was, except for the answer I give you,

Visible Translated Text Is As Follows: Mr. Rosser: Now, the question of whether Boots said he went into that room is now easily settled. (Mr. Rosser here read that portion of the cross examination of the witness Rogers, stating that when Frank left the door of the undertaking room, he went out of view.)Mr. Dorsey: Well, that's cross examination, ain't it?Mr. Rosser: Yes, but I presume you would tell the truth on cross examination, I don't know; he passed out of his view, he didn't say he went into a room.Mr. Dorsey: Correct me if I'm wrong. Boots Rogers said

Visible Translated Text Is As Follows: Mr. Dorsey: Holloway says when he got back Monday morning it washung up in the office, but Boots Rogers said this man Frank—and he was sus-tained by other witnesses—when he came there to run that elevator Sundaymorning, found that power box unlocked.Mr. Rosser: That's not what you asked.Mr. Dorsey: Yes, it is.Mr. Rosser: You said Frank had the key in his pocket next morning,and that isn't the evidence, there's not a line to that effect.The Court: Do you still insist that he had it in his pocket?Mr. Dorsey: I don't care anything about that;

Visible Translated Text Is As Follows: Whereupon the following colloquy occurred:Mr. Arnold: There's not a word of evidence as to that, that's a grossly improper argument, and I move that that be withdrawn from the jury.Mr. Dorsey: I don't state it as a fact but I am suggesting it.Mr. Arnold: He has got no right to deduct it or suggest it, I just want your Honor to reprove it, reprimand him and withdraw it from the jury; I just make the motion, and your Honor can do as you please.Mr. Dorsey (resuming): I am going to show that there must

Visible Translated Text Is As Follows: 102. Movant further says that a new trial should be granted because ofthe following:The Solicitor-General, in his concluding argument, in referring to act ofJudge Roan discharging the witness Conley, from custody, stated:"Judge Roan did it, no reflection on the Sheriff, but with the friends ofthis man, Frank, pouring in there at all hours of the night, offering him sand-wiches and whiskey-and threatening his life, things that this Sheriff, who is asgood as the Chief of Police but no better, couldn't guard against because ofthe physical structure of the jail, Jim Conley asked, and His

Visible Translated Text Is As Follows: to act, and erroneous actions, by the Court, and because of such improper and illegal argument, movant says a new trial should be granted.103. Because the Court erred in failing to charge the jury, in reference to the witness, Jim Conley, that if the witness willfully and knowingly swore falsely as to a material matter, his testimony ought to be disregarded entirely, unless corroborated by the circumstances, or the testimony of other unimpeached witnesses.The Court erred in failing to charge the jury that, if they believed from the evidence, that Conley watched for Frank,

Visible Translated Text Is As Follows: EXHIBIT A.Georgia, Dougherty County.The State of Georgia ) Indictment for Murder.v. ) In Superior Court Fulton County, Georgia.Leo M. Frank. ) Motion for New Trial.Before me personally appeared R. L. Gremer, who being duly sworn deposes and says that he makes this affidavit to be used on the motion for new trial in the above case.Further deposing he says that he is a resident of Albany, Ga., that he is acquainted with Mack Farkas, who works with Mr. Sam Farkas, who operates a livery stable and sale barn in Albany.Further deposing, he says that

Visible Translated Text Is As Follows: Frank jury, expressed himself as being convinced of Leo M. Frank's guilt of the murder of Mary Phagan; the exact language used by said party, deponent does not recollect, but his recollection is that he used the words "I believe Frank is guilty," referring to the murder of Mary Phagan.MACK FARKAS.Sworn to and subscribed before me this September 4, 1913.L. L. FORD,Notary Public Dougherty County, Georgia.EXHIBIT C.Georgia, Fulton County.State of Georgia, County of Fultonvs.Leo M. Frank.Fulton Superior Court.Personally appears Julian A. Lehman, who being duly sworn makes this affidavit to be used on the

Visible Translated Text Is As Follows: known and recognized by this deponent as one of the jurors who tried the Frank case and returned a verdict of guilty; said A. H. Henslee was at said Elks Club at the time mentioned, and made the statement in this deponent's hearing: "I am glad they indicted the God dam Jew. They ought to take him out and lynch him. And if I get on that jury I'd hang that Jew sure." This statement was made in connection with the indictment of Leo M. Frank for the murder of Mary Phagan, and made

Visible Translated Text Is As Follows: affidavit, and deponents have brought same to the attention of the Court at the earliest possible moment at which the Court could take cognizance of said affidavit; after the trial, which is the date on which the rule ni si is on return; that is, October 4, 1913, same being on that day presented to the Court as part of the motion for new trial.Further deposing, deponents say that, had they known at the trial of any of the facts or statements of the affiants which would disqualify, or tend to disqualify, said jurors,

Visible Translated Text Is As Follows: that he is personally acquainted with M. Johenning, one of the jurors in the above stated case, and that during the month of May, 1913, said M. Johenning had a conversation with this deponent, in which he discussed the death of little Mary Phagan.Further deposing he says that in said conversation the said juror, M. Johenning, expressed his opinion to deponent that Frank was guilty of the murder of Mary Phagan, and that it was necessary and conviction.Sworn to and subscribed before me this 2nd day of September, 1913.H. C. LOEVENHART.C. W. BURKE,Notary Public,

Visible Translated Text Is As Follows: Affiant further says that at and before said trial was entered on, and during the whole of said trial that affiant had no knowledge whatsoever as to M. Johenning and A. H. Henslee, two of the jurors, being prejudiced, partial and biased in said case, as evidenced by the affidavits of H. C. Lovenhart, Mrs. J. C. Lovenhart, Miss Marian Lovehart, S. Aron, Max Farkas, R. I. Greener, John W. Holmes, Shi Gray, S. M. Johnson, J. J. Nunnally, W. L. Ricker, J. A. Lehman, and C. P. Stough. Affiant did not know either

Visible Translated Text Is As Follows: During the course of the trial deponent saw the jury pass to the jury box from the rear of the court room, the jury passed immediately by this deponent and also by a man, whose name is unknown to this deponent, but who was a spectator in the court-room, who was sitting about three feet from this deponent, just across the aisle, no one being between this man and deponent; as the jury passed this man, at the time specified, this man took hold of one of the jurors, he took the juror by

Visible Translated Text Is As Follows: being in the automobile with him his mother Mrs. Rose Kay, and his brother, Sampson Kay; that as the automobile approached the corner of South Pryor and East Fair Streets, he observed the jurymen in the Frank case turn into South Pryor from the east, out of East Fair Street, and deponent stopped his automobile to look at the jury, and upon doing so noticed that walking alongside the jury were some six or seven other men. Deponent was on the west side of South Pryor Street while the jury and the above entitled

Visible Translated Text Is As Follows: EXHIBIT N.Georgia, Fulton County.The State of Georgiavs.Leo M. Frank. Fulton Superior Court.Personally appeared before the undersigned, a Notary Public in and forsaid county, Mrs. A. Shurman, who on oath says that she is a resident ofthe city of Atlanta, living at No. 240 Central Avenue. Deponent says thaton Monday morning, August 25th, 1913, the last day of the trial of the saidLeo M. Frank, she was in the court room of said court, she was present in the court roomin company with Miss Martha Kay, of No. 264 South Pryor Street, beforeroom and take

Visible Translated Text Is As Follows: EXHIBIT P.Georgia, Fulton County.The State of Georgia ) Fulton Superior Court.vs. )Leo M. Frank. )Personally appeared before me the undersigned a Notary Public in and for said county, Sampson Kay, who being duly sworn says that he is a resident of the city of Atlanta, living at No. 204 South Pryor Street. Deponent further says that on Saturday the 23rd day of August 1913, about 8 or 8:30 o’clock p. m. he saw the entire above entitled case walking along South Pryor Street with a deputy sheriff in front and another walking in the

Visible Translated Text Is As Follows: Union car shed, corner Pryor and Wall Streets, he still observed one of the figures in the jury-room peering southward, with both hands upon the window sill, whom he recognized as being Juror Smith, one of the jurors in the case of the State versus Leo M. Frank, then on trial. The other person, who had his head through the window peering southward, had by this time stuck his head back into the room, and deponent could not tell who he was.Sworn to and subscribed before methis 3d day of October, 1913.J. H. LEAVITT,Notary

Visible Translated Text Is As Follows: On the day aforesaid, to-wit—that the jury returned the verdict, Mr.Cochran was standing in front of the Court House at the time the jury came out of the Court House to go to dinner; at just about the time or near that time, and while the jury were in the vicinity of the same time or near licitor-General Hugh M. Dorsey came out of the Court House and went across the street to the Kiser building.Deponent says that at the appearance of Solicitor Dorsey on the street coming from the Court House, a crowd

Visible Translated Text Is As Follows: Just preceding Solicitor Dorsey, the jury had come out of the Court House and had gone a short way up the street to the German Cafe for lunch; at the time of this cheering, which could be heard for a great distance on all sides of the Court House, the jury were in easy hearing distance of the noise during the whole time when the crowd was cheering Solicitor Dorsey.Said demonstration over the Solicitor, occupied not less than three (3) minutes, and perhaps not exceeding five (5) minutes, and took place on the last

Visible Translated Text Is As Follows: jury came out of the court-room, Mr. Dorsey came out, and the crowd set up cheering and yelling "Hurrah for Dorsey." At the time of the yelling and cheering the jury was just crossing the street towards the Barbers' Supply Company, which is next to the Kiser Building. That in the opinion of the deponent there was about a thousand people crowding about the court room. MARANO BENBENISTY.Sworn to and subscribed before methis 29th day of August, 1913.C. A. STOKES,Notary Public, Fulton County, Ga.EXHIBIT W.State of Georgia,vs.Leo M. Frank.Personally appeared Isaac J. Hazan, who

Visible Translated Text Is As Follows: Deponent further states that he was in room 301 of the Kiser Building,on Saturday, August 23; that he saw the jury emerge from the court houseentrance at about one o'clock; that a few minutes after the jury came out,Mr. Dorsey came out and immediately a great crowd around the court housedoor set up a yell and cheer, saying "Hurrah for Dorsey," taking off theirhats and throwing them in the air and otherwise exhibiting their enthusiasm;that at the time of the yelling, the jury was still in sight of deponent, butdeponent is of the opinion

Visible Translated Text Is As Follows: opposite the entrance, and afterwards the crowd yelled "Hurrah for Dorsey," and the volume of the yells were so great that they could have been heard many blocks away; that they threw up their hats and gave other demonstrations; that at the time of the yelling the jury was just crossing the street toward the German Cafe, not fifty feet away from the entrance, and in the opinion of deponent must have heard the yelling and the words "Hurrah for Dorsey," because they could be plainly heard.Deponent further states that he was in his

Visible Translated Text Is As Follows: EXHIBIT BB.Georgia, Dougherty County.State of Georgia,vs.Leo M. Frank. ⎫ In the Superior Court of Fulton County, Georgia. ⎬ ⎭Before me personally appears Mack Farkas, who being duly sworn deposes and says that attached to this affidavit is a carbon copy of an order made by Sam Farkas, of Albany, Georgia, to Franklin Buggy Company, Incorporated, of Barnesville, Georgia.Said order is marked Exhibit "C." Said order was taken by A. H. Henslee, a traveling salesman for said Franklin Buggy Company, in person; said order was taken on the date same bears date, to-wit: on July

Visible Translated Text Is As Follows: EXHIBIT BB—(Continued)Georgia, Dougherty County.State of Georgia, vs. Leo M. Frank. In the Superior Court of Fulton County, Georgia.Before me personally appeared Sam Farkas, who being duly sworn deposes and says that attached to the affidavit is a carbon copy of an order made by Sam Farkas, of Albany, Georgia, to Franklin Buggy Company, Incorporated, of Barnesville, Georgia.Said order is marked Exhibit "A." Said order was taken by A. H. Henslee, a traveling salesman for said Franklin Buggy Company, in person; said order was taken on the date same bears date, to-wit: on July 8th

Visible Translated Text Is As Follows: EXHIBIT BB-(Continued)FRANKLIN BUGGY COMPANY, INC."I Manufacturers of the"Improved Barnesville Buggy"Barnesville, GeorgiaWhen Shipped—July 8, 1913.How Shipped—Ship to—Sam FarkasAlbany, Ga.BODY GEAR AXLE WHEELSQuantity Cat. No. Width Style Spring Color Drop Arch Tread Height Top Trimmings Stripe Price Each1 44 20 R Side Bla Arch 3/4 38/42 R R R 62.501 Set Rubbers for job 44-V-7 Side Car Arch 3/4 38/42 R R R 1.50 Net1 44 22 R Side Car Arch 3/4 38/42 R R R 62.501 Set Rubbers for Job 44-V-7 Side Bla Arch 3/4 38/42 R R R 1.50 Net1 44 23 R Side

Visible Translated Text Is As Follows: EXHIBIT CC.Georgia, Walton County.State vs. Georgia.Leo M. Frank.Before me, an officer authorized under the laws of Georgia to administer oaths, personally appear J. J. Nunnally and W. L. Ricker, of Monroe, Georgia, who, being duly sworn, depose and say on oath as follows:That they have seen in the public prints that A. H. Henslee, one of the jurors in the Frank case, admits having made certain statements as to Frank's guilt of the murder of Mary Phagan, but says these statements were made after the trial of Leo M. Frank, and not before.That in

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Visible Translated Text Is As Follows: Georgia, Hancock County.State of Georgia, ) In the Superior Court of Fulton County, Ga.vs. )Leo. M. Frank. )Before me, an officer authorized under the laws of Georgia to administeroaths, personally-appears each of the undersigned persons, personally knownto me; who, being duly sworn, deposes and say on oathThat they are personally acquainted with Jno. M. Holmes, Shi Gray andS. M. Johnson; and that said Holmes, Gray and Johnson are each of thehighest personal and moral character and reputation, and that they are eachentirely trustworthy, and worthy of belief, as to any statement made bythem, or

Visible Translated Text Is As Follows: Georgia, Fulton County.State of Georgia, vs. Leo. M. Frank.Before me, an officer authorized under the laws of Georgia to administer oaths, personally appears each of the undersigned persons, personally known to me, who, being duly sworn, depose and say on oath: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.W. E. UPSHAW.S. E. PRUMAN.Sworn to and subscribed before methis October 16th, A.

Visible Translated Text Is As Follows: EXHIBIT JJ.State of Georgia,County of Muscogee.Personally appeared before me, an officer duly authorized by law to administer oaths, the undersigned who, being sworn, deposes and says that he was head clerk at the New Albany Hotel Company, proprietors), located at Albany, in said state and county, all during the months of June, July and August, 1913, and for several years prior to that time; and that attached hereto, marked "Exhibit A," is the register of guests at said hotel from the 20th day of June, 1913, to the 31st day of August, 1913; and

Visible Translated Text Is As Follows: EXHIBIT LL.Georgia, Fulton County,State of Georgia, )vs. ) In the Superior Court of Fulton County, Georgia.Leo. M. Frank. )To the Honorable George I. Bell,Judge of the Fulton Superior Court:This application is presented to the Court by Leo M. Frank, the defendant in the above stated case, and shows to the Court the following facts:The above stated case of the State of Georgia vs. Leo M. Frank, indictment for murder, has been tried, a verdict found, and this defendant sentenced, and a motion for a new trial in said case is now pending before Honorable

Visible Translated Text Is As Follows: 3. Q. During the time between the murder of Mary Phagan, as reported in the newspapers, to-wit: on April 26, 1913, and the commencement of the trial of the above case, what statements, if any, did you hear juror Henslee make in connection with Leo M. Frank, or as to who murdered Mary Phagan, or as to who was guilty of this murder; or as to how the trial of Leo M. Frank for this murder would terminate.A. About the time that Conley was reported to have made a statement, I was coming into

Visible Translated Text Is As Follows: EXHIBIT MM—(Continued).Georgia, Hancock County.State of Georgia,vs. { In Superior Court of Fulton County, Georgia.Leo M. Frank.Questions to be propounded to Shi Gray, of Sparta, Hancock County, Georgia.1. Q. Have you examined clipping from the Atlanta Georgian of August 26, 1913, hereto attached, showing a picture of the jury in the above-stated case, and showing a likeness of Juror A. H. Henslee? A. Yes.2. Q. Are you personally acquainted with A. H. Henslee? A. Yes.3. Q. Did you or not hear A. H. Henslee discussing the question of whether or not Leo M. Frank was

Visible Translated Text Is As Follows: EXHIBIT MM—(Continued).Georgia, Hancock County.State of Georgia, ) In Superior Court, Fulton County, Georgia.vs. )Leo. M. Frank. )Questions to be propounded to T. M. Johnson, of Sparta, Hancock County,Georgia.1. Q. Have you examined clipping from the Atlanta Georgian of August26, 1913, hereto attached, showing a picture of the jury in theabove-stated case, and showing a likeness of Juror A. H. Henslee?A. Yes.2. Q. Are you personally acquainted with A. H. Henslee?A. I know him by sight.3. Q. Did you or not hear A. H. Henslee discussing the question of whetheror not Leo M. Frank was

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Visible Translated Text Is As Follows: EXHIBIT MM--(Continued).Georgia, Hancock County.State of Georgia, )vs. ) In Superior Court of Fulton County, Georgia.Leo. M. Frank. )Questions to be propounded to John M. Holmes, of Sparta, HancockCounty, Georgia.1. Q. Have you examined clipping from the Atlanta Georgian of August26, 1913, hereto attached, showing a picture of the jury in theabove-stated case, and showing a likeness of Juror A. H. Henslee?A. Yes.2. Q. Are you personally acquainted with A. H. Henslee?A. Yes.3. Q. Did you or not hear A. H. Henslee discussing the question ofwhether or not Leo M. Frank was guilty of the

Visible Translated Text Is As Follows: EXHIBIT NNGeorgia, Fulton County.State of Georgia, vs. Leo M. Frank, In Superior Court of Fulton County.To the Honorable Clerk of the Superior Court of Walton County, Ga.This application shows the following facts:Heretofore, a verdict of guilty was returned in said case, judgment was passed by the Court, and a motion for new trial was filed in said case, which said motion for new trial is set for hearing on October 4th, 1913, before Judge L. S. Roan, Judge of the Stone Mountain Circuit.It is shown that there are three parties who reside in Monroe,

Visible Translated Text Is As Follows: Phagan. He denounced Frank bitterly and vehemently and made this statement about Frank in my hearing: "They are going to break that Jew's neck." This was stated most bitterly and positively.5. Q. Did you hear A. H. Henselee, in Monroe, Georgia, between said dates, make any statements as to what he believed about the guilt of Leo M. Frank of the murder of Mary Phagan; if so, what were those statements?A. Yes, he said that Frank was guilty.6. Q. Did A. H. Henselee, in Monroe, Georgia, between said dates, in your presence, and hearing,

Visible Translated Text Is As Follows: EXHIBIT NN--(Continued).Georgia, Walton County.State of Georgia, vs. Leo M. Frank. In the Superior Court of Fulton County, Georgia.Written questions to be propounded to J. J. Nunnally, Esq., W. L. Ricker, Esq., Virgil Harris, Esq., and ____, residence Monroe, Walton County, Georgia.1. Q. Have you examined the attached clipping from the Atlanta Georgian of August 23, 1913, and particularly the likeness in said clipping of A. H. Henslee? A. Yes.2. Q. Do you know A. H. Henslee? A. Yes.3. Q. Do you recall whether or not A. H. Henslee was in Monroe, Georgia, between the

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Visible Translated Text Is As Follows: what did he say, giving his language as nearly as you can recollect it, and if you can not recall the exact language, state the tenor and effect of said language.A. I only recall that, to the best of my recollection, he said that if the jury did turn Frank aloose, Frank would never get away alive.8. Q. How long did A. H. Henslee discuss the trial of Leo M. Frank in Monroe, Georgia, between said dates, and how many times did he repeat the statement that he thought Frank was guilty, in your

Visible Translated Text Is As Follows: CHARGE OF THE COURT.State of Georgia, )vs. ) Murder.Leo M. Frank. ) Fulton Superior Court. ) Trial: July 28th to Aug. 21, 1913.Gentlemen of the Jury:This bill of indictment charges Leo M. Frank with the offense of murder.The charge is that Leo M. Frank, in this county, on the 26th day of April, ofthis year, with force and arms, did unlawfully and with malice aforethoughtkill and murder one Mary Phagan by then and there choking her, the saidMary Phagan, with a cord placed around her neck.To this charge made by the bill of indictment

Visible Translated Text Is As Follows: When a homicide is proven, if it is proven to be the act of the defendant, the law presumes malice, and unless the evidence should relieve the slayer he may-be found guilty of murder. The presumption of innocence is removed by proof of the killing by the defendant. When the killing is shown to be the act of the defendant, it is then on the defendant to justify or mitigate the homicide. The proof to do that may come from either side, either from the evidence offered by the State to make out its

Visible Translated Text Is As Follows: allowed to attack it by proving that his general reputation is not good, or by showing that the witnesses who have stated that his character is good, have untruly reported it. Hence, the Solicitor-General has been allowed to cross-examine the witnesses for the defense who were introduced to testify to his good character. In the cross-examination of these witnesses, he was allowed to ask them if they had not heard of various acts of misconduct on the defendant's part. The Solicitor-General had the right to ask any questions along this line he pleased, in

Visible Translated Text Is As Follows: the evidence that this defendant is guilty, then, gentlemen, you would be authorized in that event, if you saw fit, to do so, to say: "We, the jury, find the defendant guilty, and we recommend that he be imprisoned in the penitentiary for life." In the event you should make such a verdict as that, then the Court, under the law, would have to sentence the defendant to the penitentiary for life.You have heard the defendant make his statement. He had the right to make it under the law. It is not made under

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Visible Translated Text Is As Follows: In the Supreme Court of GeorgiaFALL TERM, 1913LEO M. FRANK,Plaintiff in Error,vs.STATE OF GEORGIA,Defendant in ErrorIn Error from Fulton Superior Courtat the July Term, 1913BRIEF OF THE EVIDENCE

Visible Translated Text Is As Follows: Accidents in Metal RoomEmployees' hands cut often, Page 133.Particular instances, Page 133.Floors not washed or cleaned, Page 133.Hands dressed in office, Page 133.Pass by dressing room, Page 133.Adams, J. Q.Made photographs of Selig home, and factory (see pictures), Page 150.Albert, C. D.Frank's character good, Page 168.Knew Frank two years, Page 168.At Cornell, Page 168.Professor of Machine Designs, Cornell, Page 168.Anderson, A. N.Frank's bank book and cancelled checks identified, Page 147.Defense Exhibits 50, 51, Page 298.His bank balance stated, Page 147.Anderson, W. F.April 26th, Page 39.Answers phone call to factory, Page 39.3:30 a. m., tried

Visible Translated Text Is As Follows: Bailey, Gordon (Snowball), Page 136.April 23thDid not see Frank talk to Conley, Page 136.Character for veracity bad, Page 120.Conley, JimHas seen him reading newspapers, Page 136.Never saw him guarding doors, Page 136.Frank, Leo M.Never saw him with women in office, Page 136.Saturdays, Page 136.Frank never asked Conley to return on, Page 136.Barnes, Miss Sarah, Page 171.Frank's character good, Page 171.Barrett, R. P.Hair seen on machine, Page 26.Metal department searched, Page 27.Pay envelope found, Page 27.Reward hoped for and worked for, Page 137.Spots found, Page 26.Bauer, R. L., Page 135.SaturdaysWorked at factory, summer 1909 and

Visible Translated Text Is As Follows: Benedict, S. C., Pres. State Board of Health, Page 229.Black, John R, Page 17.April 28th, arrested Frank, Page 17.Bloody shirt found at Newt Lee's house at 9:30 a. m. on 29th, Page 19.Coroner's Inquest, Page 18.Frank answered questions readily, Page 18.Factory examined Sunday, Page 19.Frank,-Leo M, Page 17.Heard phone conversation between Frank and Starnes, Page 17.Safe at factory easily opened by Frank, 27th, Page 19.Lee, Newt, Page 19.Bloody shirt found, Page 19.Frank and witness talked to Lee at police station, Page 18.Undertaker's, Page 17.Frank and witness saw body at, Page 17.Frank did not know

Visible Translated Text Is As Follows: Campbell, Wade, Page 105.April 26th9:30 a. m., reached factory, Page 105.Frank working at time, Page 105.9:40 a. m., left factory, had not seen Conley at all, Page 105.Conley, JimNot at factory, 26th, when Campbell there, Page 105.Reading, Campbell has seen Conley, Page 106.Writing, Campbell has seen Conley, Page 106.Frank never talked with deceased, Page 105.Spots all over metal room, Page 105.White, Mrs. J. A., told Campbellstairs April 26th about 12:30 p. m., seeing unknown negro sitting by, Page 106.Witness subpoenaed to Dorsey's office, Page 106.Carson, Miss Irene, Page 174.Frank's character good, Page 174.Knew him

Visible Translated Text Is As Follows: Carson, Mrs. E. M., Page 118.April 29th9:00 to 10:00 a. m., Frank on fourth floor, Page 118.Frank did not whisper to Conley, Page 118.Did not ask employees to stick to him, Page 118.Said the tragedy was deplorable, Page 118.Blood spots.Common in and near dressing room, Page 118.From finger cuts, Page 118.From menstruation, Page 119.Never saw Frank drinking in office, Page 119.Castro, L. M., Page 153.Distances to factory fromHunter and Broad Sts., 1-1.2 minutes, Page 154.Marietta and Forsyth Sts., 4-1.2 minutes, Page 154.Whitehall and Hunter Sts., 3-1.3 minutes, Page 154.Walking at moderate gait, Page 154.Cato,

Visible Translated Text Is As Follows: Character of Leo M. Frank goodMisses Annie Osborne, Rebecca Carson, Maude Wright, Corinthia Hall,Annie Howell, Lillie M. Goodman, Velma Hayes, Jennie Mayfield, Ida.Holmes, Willie Hatchett, Minnie Smith, Marjorie McCord, GeorgiaDenham, Zilla Spivey, Minnie Foster, Mary K. Julia Fuss, MesdamesElla Thomas, O. Jones, M. W. Carson, Lizzie Small, Page 220.All employees at factory, Page 220.Misses Mollie Blair, Ethel Stewart, Cora Cowan, Lizzie Word, BessieWhite, Grace Atherton, Mrs. Barnes, B. D. Smith, Page 220.All worked on fourth floor, Page 220.Never heard of any wrongdoing of Frank, Page 220.Never met Frank for immoral purposes, Page 220.Charles Lee,

Visible Translated Text Is As Follows: Character of Leo M. Frank-ContinuedWitnesses attacking Frank's characterMisses Myrtice Cato, Maggie Griffin, Marie Carst, Nellie Pettis, MaryDavis, Estelle Winkle, Carrie Smith; Madames C. D. Donegan, H. R.Johnson, Mary E. Wallace, Page 221.All former employees at factory, Page 221.Clarke Woodenware CompanyOn first floor of factory (door to, not locked; nailed up, but found brokenopen just after the tragedy), Pages 77, 79.State Exhibit A (243) does not show, Page 97.Coleman, J. W., conversation with McWorth, Page 233.Coleman, Mrs. J. W., Page 1.April 26th, Page 1.11:45 a. m., last saw deceased in life, Page 1.Had eaten cabbage

Visible Translated Text Is As Follows: Dariey, N. V.--ContinuedClarke Woodenware CompanyDoor to, found broken open just after the tragedy, Page 74.Conley, JimApril 26thDarley did not see, at factory, Page 26.April 28thExcited and nervous; looked most suspicious to Darley, Page 76.Excitement in factory after tragedy, Pages 36, 38.Financial sheetSeen by him on Frank's desk, Page 33.Usually completed after 5.30 p. m. on Saturdays, Page 33.Frank, Leo M.April 27th, no scratches onNervous many times and for various causes at factory, Page 36.Witness says Frank never spoke to deceased, Page 36.Gantt, J. M.At factory 3 or 4 times after discharge, Page 33.Hired all

Visible Translated Text Is As Follows: Denham, Harry--ContinuedThey were washing at the time, Page 108.3:10 p. m., White and Denham left, Page 108.They saw Frank in office at work, Page 108.White borrowed $2.00 from Frank, Page 108.Whole building open to Denham and White, Page 108.ElevatorDid not hear, all day, 26th, Page 108.No noises but street noises, Page 108.Wheels of, can be seen from where they worked, about forty feetaway, Page 109.Crooks sacks on floor, where working, Page 109.Dickerson, Miss OpleConley's character bad, Page 171.Has known him 2 years, Page 171.Frank's character good, Page 171.Has known Frank 17 months, Page 171.Never

Visible Translated Text Is As Follows: . Duffy, J. B.,Cut his hand in metal roomBled profuselyDrops fell on floor by machineWent To Atlanta HospitalEpps, GeorgeApril 26th11:50 a. m., first saw deceased12:07 p. m., last saw herDeceased caught car into city at Oliver and Lindsey Sts_ Witness caught same car at Oliver and Bell StsEpps, Vera .Minar visit to Epps homeExhibitsDefense-1, Time slip, April 26th (253) ; 2, Financial Sheet, April 26th (254) ;3, Data Sheet, part of Financial Sheet (254); 4a, Packing Room Re-ports (255);—(256); 4b, Job--Department—Reports- (258); 4¢, DailyDeliveries (259); 4d, Tip Deliveries (260); 5, Average (of orders)Sheet (260);

Visible Translated Text Is As Follows: Exhibits—Defense—Continuedcorner of basement where body was found (301); 71, Picture showing passageway to back door (302); 72, Picture showing entrance to factory (302); 73, Picture showing elevator shaft and trap door (302); 74, Picture of metal room (302); 75, Picture showing place where cotton sack kept (302); 76, Picture showing room (302); 77, Picture showing where floor chipped (302); 78, Picture showing lathe (302); 79, Picture showing view 3rd floor to 2nd floor (302); 80, Picture showing elevator box (302); 81, Picture showing elevator wheel (303); 82, 83, 84, views of metal room (303);

Visible Translated Text Is As Follows: Expert Testimony—ContinuedJohnson, Clarence, M. D., Page 236.Kendrick, W. S., M. D., Page 182.Niles, George M., M. D., Page 238.Olmsted, J. C., M. D., Page 161.Smith, Claude, M. D., Page 45.Westmoreland, Willis, M. D., Page 160.FFerguson, Helen, Page 42.April 25th7:00 p. m. saw Frank and asked for pay of deceased, refused, Page 42.Frank said “I cannot let you have it!”, Page 42.Had gotten it before but not from Frank, Page 42.Finley, John, Page 142.Character of Leo M. Frank good, Page 142.Elevator motor at factory makes great noise, Page 142.Saturdays at factoryWorked on, at one time,

Visible Translated Text Is As Follows: Freeman, Mrs. Emma Clark, Page 104.April 25th, paid off by Schiff, Page 104.April 26th, Page 104.11.35 a. m., about, went to factory with Miss Corinthia Hall, Page 104.Witness saw in office Frank, two men, Miss White, and stenographer, Page 104.11.45 a. m., left factory, Page 104.Left in factory Mrs. May Barrett, and daughter, Mrs. White, Arthur, Page 104.White, Harry Denham, Frank, and stenographer, Page 104.Fourth floor, Page 104.Frank permitted her to go to, Page 104.Quinn, Lennie, she met after she left factory, Page 104.Telephone at factory, she used, Page 104.Fuss, Miss Julia, Page 121.April

Visible Translated Text Is As Follows: Glogowski, Mrs. H, Page 170.Boarding house, keeps, Atlanta, Page 170.Frank's character good, Page 170.Goldstein, M. P, Page 169.Attorney at law, Atlanta, Page 169.Frank's character good, Page 169.Has known him three and one-half years, Page 169.Goldstein, M. J, Page 127.April 26th, Page 127.8:15 p. m., played cards, Selig home, Page 127.Frank read in hall, Page 127.Nothing unusual about Frank, Page 127.10:30 p. m. Frank retired, Page 128.His wife left 15 minutes after, Page 128.Gordon, George, Counsel for Minola McKnight, Page 224.As to her affidavit, Page 224.Gottheimer, Harry, Page 124.April 26th, Page 124.10:00 a. m., was

Visible Translated Text Is As Follows: Haas, IsaacApril 27th, did not hear telephone, Page 147.His wife awakened him, Page 147.Frank's character good, Page 147.Hall, Miss CorinthiaApril 26th11:35 a. m., she reached factory, Page 103.Frank dismissing two men as she came in, Page 103.Freeman, Mrs. Emma with her, Page 103.11:45 a. m., left factory, Page 103.In factory at time were Arthur White, Mrs. May Barrett, her daughter, Harry Denham, Frank, and stenographer, Page 103.Frank's officeEntered, with Mrs. Freeman, Page 103.Frank writing in inner office, Page 103.Stenographer in outer office, Page 103.Telephone used by Mrs. Freeman, Page 103.Holloway, E. F., witness met

Visible Translated Text Is As Follows: Hays, Miss IdaConley's character bad, Page 170.Has known him two years, Page 170.Frank's character good, Page 170.Has known him two years, Page 170.Hewell, Miss DeweyFrom Home of Good Shepherd, Cincinnati, Page 222.Saw Frank once speak to deceased, Page 222.All other girls saw it, Page 222.No concealment, Page 222.Heyman, ArthurAttorney at law, Atlanta, Page 169.Frank's character good, Page 169.Has known him three or four years, Page 169.Hicks, Miss GraceBody of deceased identified, Page 15.Had known each other about a-year, Page 15.Employees paid off 6:00 to 7:00 p.m., 25th, Page 15.Witness saw Helen Ferguson at time,

Visible Translated Text Is As Follows: Hixon, Annie, (c)—ContinuedApril 27thFrank and wife came to Ursenback's to dinner, Page 122.As was their custom, Page 122.Laughed and talked, Page 122.Nothing unusual about Frank, Page 122.Not nervous or excited, Page 122.Hoffman, Henry,April 26thMatthews' car due 12:07 p. m. at Broad and Marietta streets, Page 230.Matthews works under Hoffman, Page 230.Has run ahead of time, Page 231.Hollis, W. T.April 26thConductor English Ave. car, Page 84.Deceased rode on car of, by herself, Page 84.No boy with her, Page 84.She was accustomed to ride on Hollis' car two or three times a week, Page 84.Left car

Visible Translated Text Is As Follows: Holloway, E. F. - ContinuedConley, JimFamiliar with whole building, Page 77.Not duty of Conley, but of Holloway to watch door, Page 78.Washing his shirt, 28th, Page 79.Tried to hide it from Holloway, Page 79.Witness did not see Conley, 26th, Page 78.Cords lying scattered all over factory, Page 31.Dalton, C. B., never in or about factory, Page 77.Day watchman at factory, Page 29.Distances measured by Holloway, Page 79.Frank, Leo M.Never familiar with Conley, Page 77.Never spoke to deceased, Page 30.Worked Saturdays at factory, Page 78.Gant, J. M., talked many times with deceased, Page 30.Hopkins, Mrs.

Visible Translated Text Is As Follows: Hunter, Joel C.Financial Sheet examined by, Page 98.Testimony as to, Page 98.Would require 3 to 3½ hours, Page 98.IIngram, Louis, Page 231.April, 26th, Page 231.Reached city on English Ave car, Page 231.Has seen car ahead of time, Page 231.JJackson, Miss IreneDressing room, about Frank going to, Page 172.Flirting from factory windows, Page 172.Frank's character good, Page 172.Has known him 3 years, Page 172.Jefferson, Mrs. George W.Cords in factory like cord about neck of deceased, Page 28.Paints, different colored, in factory, Page 28.Jones, Ivy (c)April 26th1:00 to 2:00 p. m., saw Conley at Hunter and

Visible Translated Text Is As Follows: Kaufman, I. U.--ContinuedPlats and DrawingsBasement of factory, Defense Exhibit 61, Page 301.First floor of factory, Defense Exhibit 61, Page 301.Ground floor of Selig residence, Defense Exhibit 50, Page 299.Washington St. and Georgia Ave. corner, Defense Exhibit 53, Page 300Kelley, N.April 26th, deceased not on car of Matthews and Hollis, Page 231.Kendley, George,April 26thSaw deceased in life, Page 230.Bitter toward Leo M. Frank, Page 230.Asher, S. L. (242); Stahl, M. E. (241). Brent, T. Y. (241); Haas,Miss C. L. (242)Kendrick, L. T.Night watchman, former, nearly 2 years, Page 234.Clock needed setting then every twenty-four hours,

Visible Translated Text Is As Follows: Kitchens, Miss Mamie, Page 222.Dressing room incident, Page 222.Frank asked if girls did not have work to do, Page 222.Kriegshaber, V. H., Page 169.Frank's character good, Page 169.Has known Frank 3 years, Page 169.Trustee Hebrew Orphans' Home, Page 169.Frank also Trustee, Page 169.Frank came to Home often, Page 169.LLane, Alfred L., Page 167.Brooklyn, lives, Page 167.Frank's character good, Page 167.Knew him 15 years and at Cornell and Pratt Institute, Page 167.Lasher, Herbert, Page 168.Frank's character good, Page 168.Knew him 3 years at Cornell, Page 168.Classmate and roommate 2 years, Page 168.He associated with best

Visible Translated Text Is As Follows: Lee, Newt--ContinuedApril 26th.4.00 p. m., reached factory about, Page 2.Excused by Frank for 1½ hours, Page 2.6.57 p. m., returned to factory, Page 2.6.00 p. m., Gantt, J. M., came from saloon, Page 3.Went back to beer saloon in about half hour, Page 5.7.00 p. m., Frank phoned factory, Page 3.7.00 p. m., first trip to basement, Page 6.Witness says all factory doors unlocked evening of 26th, Page 6.April 27th.3.00 a. m., body discovered in basement, Page 3.Claimed he first saw it from toilet, Page 3.Notified police at once, Page 4.Clocks punched 26th and

Visible Translated Text Is As Follows: Loeb, CohenApril 26th, Page 116.2:00 p. m., caught car Washington St. and Georgia Ave, Page 116.Frank boarded this car at Glenn Street, Page 116.They sat together, Page 116.2:10 p. m., Frank left car at Capitol, Page 116.Car blockaded, Page 116.Frank went West on Hunter Street, Page 116.Had on blue suit, wore derby hat, Page 116.Automobile of H. J. Hinchey almost collided with car, Page 116.Nothing unusual about Frank, Page 116.No marks on, no nervousness, Page 116.Loeb, JulianApril 26th, Page 116.1:50 to 2:00 p. m., saw Frank at Wolfshimer's residence, Page 116.Talking to Mrs. Michael

Visible Translated Text Is As Follows: McCrary, Truman (c)—ContinuedNever saw Conley sweeping on, Page 131.Schiff and Frank worked on, Page 130.McKnight, Albert (c), Page 41.April 26th1:00 to 2:00 p. m., claimed to be at Big home, Page 411:30 p. m., Frank came home, witness did not see Frank eat, Page 41.Dining room at Selig home described, Page 41.Kitchen, witness claims to have watched Frank from, Page 41.McKnight, Minola (c), Page 109.April 26thCooked breakfast at Selig home, Page 109.Frank ate shortly after 7 o’clock, Page 109.1:00 to 2:00 p. m., Albert McKnight not there, Page 109.1:20 p. m., Frank came to

Visible Translated Text Is As Follows: Mann, Alonzo--ContinuedFrank had him telephone Schiff, Page 122.Telephoned Schiff twice, Page 122.Left Miss Hall at factory with Frank, Page 122.Saw Holloway, Darley, Irby, McCraley there, Page 122.Office boy at factory, Page 122.SaturdaysBoy stayed until 3:30 to 4:00 p. m., Page 122.Frank always at work at that time, Page 122.Never saw any women in Frank's office, Page 122.Never saw Dalton there, on, Page 122.Marcus, Mrs. A. E, Page 127.April 26th, played cards, Selig home, Page 127.Frank sat reading in hall, Page 127.Nothing unusual about Frank, Page 127.10:00 p. m., Frank retired, Page 127.Marcus, Mrs. M,

Visible Translated Text Is As Follows: Maynard, C. J, Page 234.Dalton, C. B., at factory with woman in 1912, Page 234.Woman weighed about 125 pounds, Page 234.Merk, W. P.Knows Mrs. Daisy Hopkins, Page 234.Character for truth and veracity, bad, Page 234.Michael, JeromeApril 26th1:45 to 2:00 p.m., saw Frank at No. 387 Washington Street, Page 115.Time, how fixed, Page 115.Took dinner at No. 387 Washington Street, Page 115.Frank spoke to him and his mother, Page 115.Nothing unusual about Frank, Page 115.No scratches, marks, no nervousness, Page 115.Witness practicing lawyer in Athens, Page 115.Michael, Mrs. M. G, Page 114.April 26th2:00 p.m., was

Visible Translated Text Is As Follows: Montag, Sigmund—ContinuedApril 26th10:00 a. m., Frank came to Montag Bros, Page 128.Stayed about one hour, Page 128.Talked with Gottheimer and Miss Hall, Page 129.April 27thFrank came to home of, after breakfast, Page 129.A raw, chilly morning, Page 129.Nothing unusual about him, Page 129.No more nervous than Montag, Page 129.Went to factory and made examination, Page 129.Factory, saw nothing on floor of 27th, Page 129.Financial Sheet, Page 129.Of April 24th, received a. m. of 26th, Page 129.Frank came to Montag Bros. daily, Pages 128, 129.Insurance company ordered factory cleaned, Page 130.Metal room, accidents numerous in,

Visible Translated Text Is As Follows: Nix, M. O.--ContinuedFamiliar with Frank's handwriting, Page 123.Financial sheet in his handwriting, Page 123.Worked for Montag Bros., Page 123.OOwens, William, M.D., Page 143.Experiments at factory, with, Page 143.Assistance of Brent and Fleming, Page 143.Grand Jury, letter to, Page 147.Matter of conscience, Page 147.Owens, W. B.April 26th, Page 231.Reached city 12.05 p. m. on White City car, Page 231.Did not recall seeing on English Ave., car, Page 231.PPappenheimer, OscarAs to Financial sheets, Page 125.Parmelee, Mrs. J. O.Frank's character good, Page 170.Knows his character, how, Page 170.Knows his character, Page 170.Pay EnvelopeFound at factory by McWorth

Visible Translated Text Is As Follows: Pictures (By J. Q. Adams)FactoryBasement, Def. Ex. 69, Page 301.Passage to rear door, Def. Ex. 71, Page 302.Place where body found, Def. Ex. 70, Page 301.Cotton sacks, place kept, Def. Ex. 75, Page 302.Elevator viewsBox, Def. Ex. 80, Page 302.Foot of Shaft, Def. Ex. 68, Page 301.Shaft and trap door, Def. Ex. 73, Page 302.Wheel, 4th floor, Def. Ex. 81, Page 303.First floorEntrance, Def. Ex. 72, Page 302.Second floorCotton sacks, where kept, Def. Ex. 75, Page 302.Floor chipped, Def. Ex. 77, Page 302.Metal room, Def. Ex. 74, 82, 83, 84, Pages 303.Closet to, views,

Visible Translated Text Is As Follows: Pollard, C. L.Financial sheet examined by, Page 99.Testimony as to, Page 99.Would require exceeding three hours, Page 99.Pride, Arthur (c), Page 184.Always worked on second floor, Page 134.Except Saturdays, Page 134.On Saturdays, all over factory, Page 134.Conley, Jim,Character of, very bad, Page 134.Never associated with Conley, Page 134.Never saw Conley watching door on Saturdays, Page 134.ElevatorCan be heard when machinery stopped, Page 134.Makes roaring noise, Page 134.Motor makes loud noise, Page 134.Can hear while hammering going on, Page 134.SaturdaysHas not missed one since July, 1912, Page 134.Worked until 4:30 p. m., and all over

Visible Translated Text Is As Follows: Quinn, Limmie—ContinuedSpots, could not tell whether of paint, varnish or blood, Page 106.Spots of bloodOften on floor from cutsWitness relates instances of cuts where girls bled profusely and passed by spots found by Barrett, coming to office to have cuts dressed, Page 106.Women, about 100, worked in factory, Page 106.RReed J. D.Conductor Hollis said George Epps and deceased on his car, 26th, Page 235.Denied by Hollis, Page 235.Rich relatives in Brooklyn, none, Page 125.Frank's parents worth only $20,000, Page 125.Robinson, Miss RuthSaw Frank once speak to deceased, Page 222.Called her by name, Page 222.Rogers,

Visible Translated Text Is As Follows: Schiff, Herbert G, Page 85.April 25thFrank and Schiff left factory together 5:30 - 6:30 p.m., Page 87.April 26thSchiff intended coming to office but overslept, Page 87.Was called twice by Frank over phone, Page 87.April 27thSchiff saw Frank, no bruises on him, Page 91.April 28thFactory closed, too much excitement, Page 91.Girls standing around crying, Page 92.Had to suspend work, Page 92.Witness says Conley badly scared, Page 92.April 29thFrank and Schiff together at factory, Page 91.Frank did not speak to Conley, Page 91.Average SheetDiscussed and described, Pages 93, 95Miss Hall's initials "H.H." on, Page 93.Not to

Visible Translated Text Is As Follows: Schiff, Herbert G.--ContinuedUnreliable, Page 96.In stockade several times, Page 96.Women got him out, Page 97.Taken off elevator because unreliable, Page 96.Dalton, C. B., never saw him in factory, Page 87.ElevatorDark around, Page 92.Door to, easily lifted, Page 92.Motor box not kept locked, Page 92.Noise in operating, Page 92.Ferguson HelenApril 26th, paid off by Schiff, Pages 87, 96Did not ask for pay of deceased, Page 87.Financial sheetTestimony as to, Pages 86, 88, 89, 95.Frank, Leo M.As to nervousness, Page 91.Never spoke to deceased, Page 98.Hair, impossible to tell color of, Page 92.Haslkoline splashed all over

Visible Translated Text Is As Follows: Scott, Harry, Page 22.Black, worked with, Page 22.Pinkertons and police co-operated, Page 25.Conley's confession as to notes, Page 82.Frank, Leo M., Pages 80, 82April 29th, Frank taken into custody, by Scott and Black, Page 24.Witness first saw him, 28th, at factory, when Frank related in detail his movements on the 26th, Page 22.Lee, Newt, Page 22.Frank talked to, readily, at Scott's request, Page 24.Reports furnished Frank's attorneys, Page 23.Search of factory by Scott, Page 24.Selig, Emil, Page 110.April 26th, Page 111.Frank breakfasted before Mr. Selig, Page 111.1:15 p. m., Selig came to dinner, Page

Visible Translated Text Is As Follows: Selig, Mrs. Emil, Page 112.April 26th1:10 p. m., had dinner, Page 112.1:20 p. m., Frank came to dinner, Page 112.He sat down and ate, Page 112.1:30 p. m., ladies left table, Page 112.Frank still eating, Page 112.6:10 p. m., saw Frank at Jacobs Pharmacy, Page 112.Stopped at Mrs. Loeb's, coming home, Page 112.6:30 p. m., reached home, Page 112.Found Frank there ahead of them, Page 112.No scratches or bruises on him, Page 112.Nothing unusual about him, Page 112.6:45 p. m., all sat down to supper, Page 112.Frank at supper with others, Page 112.7:15 p.

Visible Translated Text Is As Follows: Selig Residence—ContinuedPictures of, Defense Exhibits 62, 63, Page 301.Plat of ground floor, Defense Exhibit 52, Page 299.Sinkovitz, N., Page 242.Pawned watch with M. E. McCoy, Page 242.Small, Miss Dora, Page 120.April 29th, at factory, Page 120.8:00 to 9:00 a. m., Frank talked to Miss Carson on business, Page 120.Conley worried her for money, Page 120.Asked for newspapers, Page 120.Bought extras, Page 120.Could read all right, Page 120.Said "Frank just as innocent as I am" and "God knows I am neveraround this place Saturday", Page 120.Elevator makes noise, shakes building, Page 120.Fourth floor, works on,

Visible Translated Text Is As Follows: Stahl, M. E., Page 241.Kendley, George, bitter toward Frank, Page 241.Stanford, Mell, Page 26.Spots seen by, in metal room, Page 27.Swept metal room, 25th, Page 27.Starnes, J. N., Page 10.April 27th, 5:00 to 6:00 a.m., went to factory.10Basement of factory examined, Page 10.Blood, what looked like dressing room, Page 10.April 28th, saw, near dressing room, Page 10.Chipped up parts, Page 10.Covered with white substance, Page 10.Clocks, examined by, with Hendricks, Page 10.Cords, knots in--described, Page 11.Many like cords all over factory, Page 11.Frank, Leo M., Page 10.Called over phone by Starnes, Page 10.Frank asked

Visible Translated Text Is As Follows: Stover, Monteen—ContinuedDid not see Frank, in, Page 26.Did not see safe, Page 26.Did not see wardrobe, Page 26.Metal room door closed, Page 26.This door sometimes open and sometimes closed, Page 26.Worked on fourth floor, Page 26.TThomas, K. T., civil engineer, Page 153.Distances to factory, fromBroad and Hunter Sts. 333 feet, 1½ minutes walk, Page 153.Marietta and Forsyth Sts. 1016 feet, 4½ minutes walk, Page 153.Whitehall and Alabama Sts., 831 feet, 3½ minutes walk, Page 153.Walked at fair gait, Page 153.Thompson, Mrs. Mattie, Page 173.Frank's character good, Page 173.Has known him 3 years, Page 173.Tillander,

Visible Translated Text Is As Follows: Urseabach, O. F. --ContinuedApril 27thFrank at his house, Page 125.No scratches or bruises on Frank, Page 125.Saw Frank again Sunday afternoon and evening, Page 125.Frank told him about tragedy, Page 126.4:00 p. m., Frank borrowed rain coat, Page 126.6:00 p. m., raincoat returned, Page 126.Bridge played at Urseabach home on Saturday nights, Page 126.Frank and wife did not play poker, Page 126.Urseabach, Mrs. C. F.April 26th1:30 p. m., took phone message from cook, Page 126.April 27thNo bruises or marks on Frank, Page 126.Raincoat borrowed from husband, Page 126.Told of tragedy by Frank, Page 126.Frank

Visible Translated Text Is As Follows: White, Mrs. J. A.April 26th.11:30 a. m., saw her husband at factory.Frank, Miss Hall, Denham, White, and two other men, all in factory at that time.11:45 she left.12:30 p. m. she returned.1:00 p. m. she left, she saw Frank in his office as she left, he was at work.1:00 p. m. she saw unknown negro at foot of stairs sitting on box as she left factory.White and Denham worked fourth floor.Willett, T. H.Pattern, or model, of factory.Defense Exhibit 13.Made by blue print, Def. Ex. 87.WitnessesTESTIMONY FOR STATE.D O RD ROAnderson, W. F.Barrett, R. P.Beavers,

Visible Translated Text Is As Follows: Witnesses--ContinuedHolloway, E. F., Page D 29, Page O 30, Pages RD 31,32, Page R0 -82.Holloway, E. F. (Recalled by Deft.), Pages 76, 77, 79, Page -80.Hurt, Dr. J. W., Pages 46, 46, 48, Page -48.Jefferson, Mrs. George W., Pages 28, 28, 29.Lassiter, R. M., Pages 43, 43, 43.Lee, Newt (Colored), Pages 2, 4, 7.McKnight, Albert, Pages 41, 41, 42.Magnum, C. W., Page 74.Parry, H. L., Page 40, Page -40.Rogers, W. W., Pages 11, 14, 15, Page -16.Rosser, S. L., Pages 52, 52.Scott, Harry, Pages 22, 25, 26.Scott, Harry (Recalled for State), Pages 80, 80,

Visible Translated Text Is As Follows: Witnesses—ContinuedCraven, R. L., Page D 226 0 226 RD RO.Davis, Miss Mary, Page 221.Dobbs, Sergeant L. S., Page 232.Dobbs, W. C., Pages 232 232.Dougan, Mrs. C. D., Page 221.Duffy, J. E., Pages 223 223.Elder, W. J., Page 221.Epps, Vera, Page 234.Floyd, J. B., Page 231.Funk, Dr. John, Pages 240 241.Gaunt, J. M., Page 233.Godard, A. L., Page 221.Goddard, R. M., Page 221.Gordon, George, Page 224.Graham, E. K., Pages 233 233 225.Griffin, Miss Maggie, Pages 221, 223.Hale, W. C., Page 221.Hearn, J. T., Pages 221 221.Heifer, F. P., Page 221.Hendricks, J. H., Page 229.Hewell, Miss

Visible Translated Text Is As Follows: Witnesses—ContinuedMaynard, C. J., Pages 234 236.Merk, W. P., Page 224.Niles, Dr. G. M., Pages 238 239 239.Owens, W. B., Page 231.Patrick, W. C., Page 221.Pettis, Miss Nellie, Page 221.Pickett, E. H., Pages 227 228.Reed, J. D., Page 235.Rice, J. S., Page 221.Robinson, Miss Ruth, Page 222.Rogers, W. W., Page 232.Scott, Harry, Pages 234 234.Smith, Miss Carrie, Page 221.Smith, Lem, Page 221.Starnes, J. N., Pages 235 235.Tillander, O., Page 232.Turner, W. E., Pages 223 233.Wallace, Mrs. Mary E., Page 221.Winkle, Miss Estelle, Page 221.Wright, W. M., Page 221.TESTIMONY FOR DEFENDANT.Adams, J. Q., Pages 150 151.Adler,

Visible Translated Text Is As Follows: Witnesses—ContinuedBernhardt, C. W., Pages 151 152.Bird, J. P., Page 185.Blair, Miss Mollie, Page 220.Boehm, Julian B., Page 220.Branch, Harlee, Pages 139 139 140 140.Brown, Mrs. Jos., Page 220.Butler, B. P., Pages 148 148.Butler, R. P. (Rec.), Page 221.Campbell, Wade, Pages 105 105 106 106.Carson, Miss Irene, Page 174.Carson, Miss Rebecca, Page 220.Carson, Mrs. E. M., Pages 118 118.Caston, Mrs. M. W, Page 221.Castro, L. M., Page 163.Chambers, Phillip, Pages 182 132.Childs, Dr. Leroy W., Pages 165 166.Cooper, V. S., Page 185.Coplan, Nathan, Page 187.Coplan, Nathan (Rec.), Page 220.Cowan, Miss Cora, Pages 117 117.Craig, Ed,

Visible Translated Text Is As Follows: Witnesses—ContinuedFrank, Mrs. Rae, Pages 124 125 126.Freeman, Mrs. Emma Clarke, Page 104.Freeman, Mrs. Emma Clarke (Rec.), Page 171.Fuss, Miss Julia, Pages 173 181.Fuss, Miss Julia (Rec.), Page 220.Gershon, Joseph, Page 220.Glogowski, Mrs. H., Page 170.Goldstein, M. F., Page 169.Goldstein, M. J., Pages 127 128.Goodman, Miss Lillie M., Page 220.Gotheimer, Harry, Pages 124 124.Greenfield, A. D., Pages 142 143.Guthman, Al, Page 220.Haas, Mrs. C. L., Page 242.Haas, Isaac, Page 247.Hall, Miss Corintha, Page 103.Hall, Miss Corintha, Page 220.Hall, Miss Mattie, Pages 100 101 103.Hamilton, L. M., Page 135.Hancock, Dr. Thomas, Page 156.Harris, Mrs. A. I.,

Visible Translated Text Is As Follows: Witnesses—ContinuedKlein, Milton, Page 137.Klein, Milton (Rec.), Page 220.Klein, Miss Ray, Page 220.Kriegehaber, V H, Pages 169.Lane, Alfred Loring, Page 167.Lasher, Herbert, Pages 163, 168.Leach, J. R., Page 153.Lee, Charlie, Page 133.Lee, Charlie (Rec.), Page 222.Levy, Mrs. A. P., Pages 114.Lewis, Harry, Page 168.Loeb, Cohen, Page 116.Loeb, Miss Helen, Page 220.Loeb, Julian, Page 116.Loeb, Marcus, Page 220.MacIntyre, D. I., Page 220.McCarley, P. D., Page 220.McCord, Miss Marjorie, Page 220.McCray, Truman (c), Page 130.McKnight, Minola (c), Page 109.McMurtry, Miss Lena, Page 220.McWorth, W. D., Page 141.Mann, Alonzo, Pages 122, 123.Marcus, Mrs. A. E., Page 127.Marcus, Mrs.

Visible Translated Text Is As Follows: Witnesses—ContinuedOlmstead, Dr. J. C., Pages 161, 162.Osborne, Miss Annie, Page 220.Owens, Dr. Wm., Pages 143, 145, 147.Pappenheimer, Oscar, Page 125.Parmalee, Mrs. J. O., Page 170.Patrick, J. H., Page 135.Patterson, B. L., Page 135.Payne, Frank, Pages 131, 132.Pirk, Miss Mary, Page 119.Pirk, Miss Mary, Page 221.Pollard, C. B., Pages 99, 99, 100.Pride, Arthur (c), Pages 134, 134, 134.Quinn, Lemmie, Pages 106, 107, 108.Rice, M. S., Page 220.Rosenberg, Mrs. Mollie, Page 220.Schiff, P. G., Page 220.Schiff, Herbert G., Pages 265, 92, 97, 98, 98.Schiff, Herbert G., (Recalled for Cross-Exam.), Page 100.Selig, Emil, Pages 110, 111, 113.Selig,

Visible Translated Text Is As Follows: Witnesses—ContinuedVanderhoef, Prof. J. E., Page D 168, Page C 168, Page RD EO.Wardlaw, Mrs. J. J., Page 174.Weinkauf, Godfrey, Pages 133, 133.Westmoreland, Dr. Willis F., Pages 159, 160, 161.White, Miss Bessie, Page 220.Wildauner, Dr. B., Page 220.Willett, T. H., Pages 151, 151, 151.Wilson, Mrs. S. A., Page 220.Wolfsheimer, Mrs. Hennie, Pages 115, 115.Wood, H. M., Page 152.Word, Miss Lizzie, Page 220.Wright, Miss Mande, Page 220.Wright, Richard A., Page 168.Ziganki, F., Page 220.TESTIMONY FOR DEFENDANT IN SUR- REBUTTAL.Asher, S. L., Pages 242, 242.Brent, T. Y., Pages 241, 241.Frank, Leo M., Statement, Page 242.Haas, Miss C.

Visible Translated Text Is As Follows: In the Supreme Court of GeorgiaOCTOBER TERM, 1913LEO M. FRANK,Plaintiff in ErrorVS.STATE OF GEORGIA,Defendant in ErrorFrom Fulton Superior Court.BRIEF OF THE EVIDENCE.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

Visible Translated Text Is As Follows: CROSS EXAMINATION.I know what time it was when I met Mary, because I looked at Keheley's clock at the corner of Oliver and Bellwood, where I caught the car. She caught the car at Oliver and Lindsay where I caught the car at Oliver and Bell Street. She got on before I did, at the block before. I didn't say anything before the Coroner's jury about seeing a clock there, but I did see one. I know it was about seven minutes after twelve when I got off at Marietta Street because I can

Visible Translated Text Is As Follows: and I went and says, "Alright, Mr. Frank," and he says, "What time is it?"and I says, "It lacks two minutes of six." He says, "Don't punch yet, thereis a few worked to-day and I want to change the slip." It took him twice aslong this time than it did the other times I saw him do it. He fumbled puttingit in, while I held the lever for him and I then made some remark abouthe was not used to putting it in. When Mr. Frank put the tape in I punchedand I went

Visible Translated Text Is As Follows: saw something laying there which I thought some of the boys had put there to scare me, then I walked a little piece towards it and I seen what it was and I got out of there. I got the ladder and called up police station. It was after three o'clock. I carried the officers down where I found the body. I tried to get Mr. Frank on the telephone and was still trying when the officers came. I guess I was trying about eight minutes. I saw Mr. Frank Sunday morning at about

Visible Translated Text Is As Follows: going in the basement. That would only prevent anybody from up stairs from going into the basement unless they went by the elevator or by unlocking those double doors. All of the doors to the factory were unlocked when I got back there Saturday afternoon about six o'clock, the first floor, the second floor, the third floor and the fourth floor. Anybody could come right in from the street and go all over the factory without Mr. Frank in his office knowing anything about it. The doors are never closed at all. That is

Visible Translated Text Is As Follows: from there. No. I didn't go back as far as they found the body. I didn't go back that far at all during the night - The reason I went that far back when I saw the body was because I was after the closet. There are two closets on the second floor, one on the third floor and one on the fourth floor. I didn't see the lady's hat or shoe when I went down to that little place with my lantern, nor the parasol. My lantern was dirty. I was sitting down

Visible Translated Text Is As Follows: RE-DIRECT EXAMINATION.The first time I saw Mr. Frank put any tape on, he didn't say anything about it being any trouble. The last time he put it on, he said something about that he wasn't used to putting it on. He was holding the lever there and he got it on twice and he had put it on wrong and he would have to slip it out and put it back. When Mr. Frank came out rubbing his hands, he came out of his inner office into the outer office and from there in

Visible Translated Text Is As Follows: truding just the least bit. I began to look around and found a couple of notes. The cord was pulled tight and had cut into the flesh and tied just as tight as it could be. The underclothing around the neck was not tight. There wasn't much blood on her head. It was in her hair and it was a little moist. This scratch pad (State's Exhibit "H") was also lying on the ground, close to the body. The body was lying with the head towards Forsyth Street, the head being near the partition.

Visible Translated Text Is As Follows: hat was possibly nearer the elevator than the shoe. That was a dirt floor and cinders on it scattered over the dirt. I thought the places on her face had been made from dragging. I think I saw little blood on the underclothing. I did not testify before the coroner that the blood ran a little when we moved the body. I didn't say it was liquid. The blood was dry. The little trail where I thought showed the body was dragged went straight on down where the girl was found. It was a

Visible Translated Text Is As Follows: 10RECALLED FOR THE STATE.The trap door leading up from the basement was closed when we got there.There were cobwebs and dust back there.J. N. STARNEB, 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. The pencil company is located in Fulton County, Georgia. That is 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

Visible Translated Text Is As Follows: CRO88 EXAMINATION.I am guessing about the time. It wouldn't take over five minutes to get off the car, walk to the pencil factory door, in, walk up the stairs and back into Mr. Frank's office. The hasp is bent a little. I heard Boots Rogers testify at the coroner's inquest and I testified twice. I did not correct any statement at the coroner's inquest that Boots Rogers made. I am the prosecutor in this case. I can not give the words of the conversation of the telephone message between myself and Mr. Frank. I

Visible Translated Text Is As Follows: about 3 a. m. about hearing the telephone ring. Mr. Black said something about whiskey to Mrs. Frank in Mr. Frank's presence. Mrs. Frank said Mr. Frank hadn't had any breakfast and we'd allow him to get breakfast. I told Mr. Black that I was hungry myself. Frank said let me have a cup of coffee, Mr. Black in a kind of slip, said, "I think a drink of whiskey would do him good," and Mrs. Frank made the remark that she didn't think there was any whiskey in the house. Mr. Frank seemed

Visible Translated Text Is As Follows: that he didn't know whether he did or not but that he could tell whether she worked at the factory by looking at his pay roll book - As we were leaving Mr. Frank's house, Mr. Frank asked Mrs. Phagan to telephone Mr. Darley to come to the factory. Mr.-Frank was apparently still nervous at the under- taking establishment, he stepped lively. He was just his general manner that indicated to me that he was nervous. I never saw Mr. Frank in my life until that morning. After we got out of Mr. Frank's

Visible Translated Text Is As Follows: (Defendant's Exhibit I), the first punch was 6:01, the second one was 6:32 or 6:33. He took the slip back in his office. I glanced all the way down and there was a punch for every number. While we were walking through the factory Mr. Frank asked two or three times for a cup of coffee. As to what Mr. Frank said about the murder, I don't remember that I heard him express himself except down in the basement. The officers showed him where the body was found and he made the remark that

Visible Translated Text Is As Follows: Frank stepped into that dressing room, but he passed out of my view. So did Mr. Black. Mr. Ghesling had a better view of Mr. Black and Mr. Frank than I did, because my back was to them and Mr. Ghesling was looking straight across the body at them. Mr. Frank had no difficulty in unlocking the safe when we went back to the factory. The elevator we went down on is a freight elevator, makes considerable noise. It stops itself when it gets to the bottom. I don't think it hits the ground.

Visible Translated Text Is As Follows: dressing room and Mary's machine within two or three feet. Mr. Frank, during the past twelve months, would pass through the metal department looking around every day. Sometimes I would find him talking to some of the men in the office at the clocks. He came back in the metal room to see how the work was getting on. The metal is kept in a little closet back under the stair steps. I asked Mr.Quinn, not Mr. Frank, if the metal had come. Saturday at twelve o'clock is the regular pay-day, but the week

Visible Translated Text Is As Follows: 17JOHN 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

Visible Translated Text Is As Follows: 18anything that we might find in connection with the case. On Tuesday night Mr. Scott and myself suggested to Mr. Frank to talk to Newt Lee. Mr. Frank spoke well of the negro, said he had always found him trusty and honest. They went in a room and stayed from about 5 to 10 minutes alone. I couldn't hear enough to swear that I understood what was said. Mr. Frank stated that Newt still stuck to the story that he knew nothing about it. Mr. Frank stated that Mr. Gantt was there on Saturday

Visible Translated Text Is As Follows: whether Mr. Frank finished dressing upstairs or not. I couldn't see him when he went behind those curtains. We stayed at the Frank home about ten minutes. At the undertaking establishment I was right behind Mr. Frank. He-was-between me and the face when I saw the face when the undertaker turned her over. Yes, Mr. Frank was in front of me had an opportunity to see it also. No, Mr. Frank didn't go into that sleeping room. Mr. Frank went out just ahead of me. When we went back to the pencil factory Mr.

Visible Translated Text Is As Follows: 20MRS. J. W. COLEMAN, re-called for the State.Mary carried a little silver mesh bag the day she left her home, made of German silver. This looks like the handkerchief that she carried. (State's Exhibit "M.")J. M. 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 payroll. I have known Mary Phagan when she was a little girl. Mr. Frank knew her, too. One Saturday afternoon she came in the

Visible Translated Text Is As Follows: and kind of hesitated and stuttered like he didn't like me in there somehow or other.21GROSS EXAMINATION.I testified at the coroner's inquest. I admit I did not testify about Frank's knowing Mary very well there, that has been recalled to my mind since I was arrested on Monday, April 28th, at 11 o'clock and held until Thursday night about six.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

Visible Translated Text Is As Follows: 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 regarding the National Pencil Company. I saw Mr. Frank Monday afternoon, April 28, 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

Visible Translated Text Is As Follows: reached the street door entrance he found Lee talking to Gantt, an ex-book- keeper who Frank had discharged for stealing. Mr. Frank stated that he had arrived home at about 6:25 p. m. knowing that he had discharged Gantt, he tried to get Lee on the telephone at about 6:30; knowing that Lee would be in the vicinity of the time clock at that time and could hear the tele- phone ring; that he did not succeed in getting him at 6:30, but that he got him at seven; that he asked Lee the

Visible Translated Text Is As Follows: chipped out places. It was just as though somebody had taken a cloth and rubbed some white substance around in a circle, about eight inches in diameter. This white stuff covered all of the dark spots. I didn't note any unusual signs of nervousness about Frank in his office. There wasn't any trembling or anything of that sort at that time. He was not composed. On Tuesday night, April 29, Black, Mr. Frank and myself were together and Mr. Black told Mr. Frank that he believed Newt Lee was not telling all that he

Visible Translated Text Is As Follows: 25CROSS EXAMINATION.Yes, I sent you this report as to what happened between Mr. Herbert J. Haas and myself: "This afternoon Supt. H. B. Starnes and myself held a conference with Mr. Herbert Haas, at which time Darley's position in the matter was discussed, and Mr. Haas stated they wanted to learn who the murderer was, regardless of who it involved."- Mr. Haas told me that after I had told him we would withdraw from the case before we would not co-operate with the police. No, I did not report that to you. I reported

Visible Translated Text Is As Follows: serious mistake. That is an oversight. Yes, I reported to the police beforeI reported to Mr. Haas or Mr. Montag.RE-DIRECT EXAMINATION.Yes, our agency reported to the police about finding the club. I find itis in our report of May 15th. I don't know when it was reported; I wasout of town. I worked all through this case with Detective Black and everymove he made was known to both of us. As to the stairway from the base-ment to the upper floor, there was a great deal of dust on the stairs and thedust didn't

Visible Translated Text Is As Follows: 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 substance had been wiped over it. We kept potash and haskoline, both white substances, on this floor. This white stuff was smeared over the spots.

Visible Translated Text Is As Follows: 28on second floor near dressing room. That wasn't thereon Friday when Iswept between 9 and 12 o'clock. I use a small broom in sweeping. I saw abig cane broom standing by the waste material on Monday about six feetfrom where the blood was found. The spot looked to me like it was blood,with dark spots scattered around. It looked like the large broom had beenused in putting the haskoline on the floor by the impressions or scratches ofthe cane in the floor.CROSS EXAMINATION.I was a sweeper in the metal room. Yes, they have regular

Visible Translated Text Is As Follows: RE-DIRECT EXAMINATION.The pencils are painted on the third floor. There isn’t any paint used at all in the factory only in the polishing room, except on the third floor.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

Visible Translated Text Is As Follows: 800that I locked it Saturday. I did say in that affidavit it is kept locked all the time. The reason I said at the coroner's inquest that the elevator box was always locked and that I left it locked on Saturday was because I forgot to tell about that sawing. I did that sawing just after I left there Saturday. Friday evening I never heard Mr. Frank say anything to Newt Lee. When I left the factory at 11:45 on Saturday Mr. Frank said to me "You can go ahead if you want to;

Visible Translated Text Is As Follows: up there; I had to saw that plank for them. They told me that it would take them until about 3 o'clock. The office boy, Alonzo Mann, 18 or 14 years old, came in next. Mr. Frank came in about 8:20 or 8:45. He went right in his office, unlocked his safe and got out-his books. I went to work on them. Mr. Darley was the next one that came in and then Mattie Smith the next. She stayed about 10 minutes and went out again. I met Miss Corinthia Hall and Miss Emma

Visible Translated Text Is As Follows: RE-CROSS EXAMINATIONWhen I gave Mr. Dorsey that affidavit about locking the elevator I was telling more about my habit, the way I usually did it. I forgot to tell him about sawing those planks that Saturday morning and the fact that I sawed those planks makes me know that I left the elevator unlocked. The elevator makes a good deal of noise when it starts and when it stops.RE-DIRECT EXAMINATIONI was on the second floor when all of these people came in the factory. Mr. Frank worked on his books until he got ready

Visible Translated Text Is As Follows: done, I don't think. When riding down to the police station from the pencil factory Mr. Frank was on my knee, he was trembling. I saw the financial sheet on Mr. Frank's desk. Mr. Frank picked it up in his hand. Gantt was at the factory three or four times after he was discharged. My recollection is that Frank said something about the financial sheet on Sunday. It was on May 3rd that Mr. Haas, the insurance man asked that the factory be cleaned upon the Malsby side and on the other side. When

Visible Translated Text Is As Follows: 34he had to figure it up at the end of the month to get the average. To arrive at the profit that was made during the week he took the actual value of the pencil and the amount of expenses that was paid out for material, labor, etc. He had to get all the data, all the reports and make all those calculations. It usually took him from about half past two to three o'clock on Saturday until five-thirty, and some times later. This financial sheet (Defendant's Exhibit "2") is in Frank's handwriting and

Visible Translated Text Is As Follows: "jobs" implies I don't know how many different kind of jobs. There are 24 different kind of pencils. He puts them there as having been produced that week. He got the reports as to the quantity of each kind of pencil and had to tabulate all those reports and arrive at the total of each kind. No, I don't think he had to figure out the cost of production of each kind, but he figures the quantity of each kind of pencil and shows its value on the sheet. Starnes and Black and Anderson