Author: Historical Librarian

Visible Translated Text Is As Follows: version in my life. I have never attempted to get anything except what I considered the truth. There have been hundreds of rumors of a great many people wishing and promising to tell ridiculous and what I considered absurd things in this case. It is difficult frequently to tell just what motives were prompting them or why they wanted to get into it, whether it is the truth or not.REDIRECT EXAMINATION. One instance I can name where obstacles have been thrown in my way as to getting evidence and ascertaining the truth, is the

Visible Translated Text Is As Follows: The Haas told me that. Perhaps Mr.Arnold, I am not sure. Mr. Rosser may possibly have told me. I do not recollect any other obstacle that was thrown in my way. Perhaps if I had known you were going to ask that question I could have thought it over and refreshed my mind. As to why I did not go to see Jim Conley, because, as I have said, of the obstacles thrown in my way. As to why I could not get valuable information, I saw and read the notes and saw the

Visible Translated Text Is As Follows: DAN B. LEHON, Sworn for the State (By deposition) My position isthat of Manager of the Southern Division of the William J. BurnsNational Detective Agency with headquarters in New Orleans. I havebeen here on the Frank or Mary Phagan case for the past four orfive weeks. I came to Macon just when the case here. Occasionally wecall Mr. Burns "Governor". Mr. Burns arrived a few days before I ar-rived. I take charge of the work in general, nothing in particular.I did everything that came to me I thought was necessary to have todo in

Visible Translated Text Is As Follows: interviewto interview some witnesses that he told me were living in Birmingham, or Chattanooga, or Nashville. One of the witnesses he told me was a prostitute in a house of prostitution at either Chattanooga, or Birmingham, who had information would go to Frank being a pervert and I instructed him to go and get this information by all means; and he also informed me at the same time that he had a very important witness in the person of Mack Wilson, a negro, who would testify that he saw James Conley buy a lunch

Visible Translated Text Is As Follows: my hat upon the rack and said "Come on over to Mr.Rosser's office, the attorneys". I brought them to Mr.Rosser's office where they were first interrogated by Mr.Brandon, as Mr.Rosser was not present It was during the noon hour. Later Mr.Jones came - and in my presence and in the presence of young Mr.Dufton, I think it is, the stenographer, and Ragsdale and Barber, their affidavit was taken by Mr. Rosser. They were not brought in by Mr.Thurman and Tedder, they were brought in by Mr.Thurman. Tedder called me up on the telephone and

Visible Translated Text Is As Follows: was because I didn't think it was very important myself. From the time Tedder first mentioned this matter to me until I got this affidavit, I only made one payment to Tedder; that was the day I employed him and that was an advance of a month's salary and $250. for expenses to go to look up those witnesses. I got the money from Herbert J Haas on account of our services. To the best of my recollection it was by check. I am not able to say whether it was by check or

Visible Translated Text Is As Follows: George Epps testified in affidavit in substance as follows:-"I am the George W. Epps who swore on the trial of the state ofGeorgia vs Leo M. Frank."On April 26th, 1913, I lived with my father and mother at 246Fox Street, city of Atlanta, and I knew Mary Phagan well. I hadknown Mary about a year before she died. I rode on the car withher on April 26th. We reached the corner of Marietta and ForsythStreets about 12 o'clock. Mary got off the car at this place andwent on down toward the National Pencil Company's

Visible Translated Text Is As Follows: He told me to report to him right across from the library that night. He didn't say anything more; said he would see me again that night. That night I reported where he said meet him, across from the library. He told me to stand in front of the House that Jack built. I had to wait for him. When he came, he came along. He said 'let's walk along,' and we walked down Cain Street, on out to West Harris Street and came back up to Peachtree Street. He said he wanted me

Visible Translated Text Is As Follows: were going to New Orleans. He said to go on over to the Terminal Station - that he had some girls to get. I went over to the Terminal Station and when I got there I met a man that had on glasses, who looked like a fellow I saw in Birmingham that passed off as Kelly. This fellow pretended he could not see good and asked me to help him down the steps. When Kelly and I got on the train, Terry was already on the train and pretended to get mad because

Visible Translated Text Is As Follows: after he had pretended to talk over the phone - that the detectivechief said that wasn't the only case that they had against me; thatthey had me also for perjury in the Phagan case. Kelly said thechief of detectives said to keep me there till he came. Then bothKelly and Terry commenced talking to me and they pretended towait for the chief of detectives."After awhile somebody came in that they said was the chief ofdetectives. He didn't have any uniform. The best description Ican give of this man who pretended to be the chief

Visible Translated Text Is As Follows: on the typewriter and he would bring it back to me at four o'clock and take me to a lawyer to be sworn in on it. Mr. Terry taken me down stairs and gave me $2.00 and told me to buy a clean shirt and take the rest of it and go to the show. About 5:30 I came out of the Bonita Theater in Birmingham, and went up to my room. I was sitting in the window looking into the street, when I saw the chief of detectives and Mr. Kelly coming. They

Visible Translated Text Is As Follows: football game; and I didn't see any more of Mr. Terry until one day just before I was arrested, and he told me that Mr. Kelly said I had not told the truth and they wanted me to come back and tell the truth about it. I said I had done told the truth, and I don't know anything about it, and there is some crooked work now;' and he left me at the corner of Edgewood Avenue and Ivey Street and told me to go ahead and go back to work."The reason I

Visible Translated Text Is As Follows: he was a lawyer, left. "I was brought to Atlanta from the Reformatory at Milledgeville, Friday morning, May 1, 1914. Since coming here I have seen a man who was pointed out to me as C.W.Burke. I have seen him twice since I came from the Reformatory. On both occasions I had ample opportunity to see him well and to watch him; and I am now prepared to say, and do say under oath that he is the man who was with me in Birmingham, passing under the name of Kelly; that is the

Visible Translated Text Is As Follows: did witness tell Wrenn he had told some lienor that witness had been made to tell the lien by detective John Black. Witness did not tell Wrenn that he was going to take a hobo trip; that he was in bad with the Probation officer and the detectives and that witness was afraid of John Black. Witness did not promise to make any affidavit for Wrenn anywhere or say that he was afraid to make an affidavit in Atlanta.'"Each and every statement charged by Burke in his affidavit of May 5th, 1914 as having

Visible Translated Text Is As Follows: Bed Company's place, where he was working. This was out on Jones Avenue. I went to his place in company with Mr. Harry Scott. Said George Epps communicated certain names to us with the statement that these parties could furnish information on the case. He volunteered to go with us, stating that he could carry us to these parties, and we accepted his offer to go; and we three went out together to look up these parties."I never was in Mr. Dorsey's office with George Epps before the trial, as-I had been detailed by

Visible Translated Text Is As Follows: who represented himself to be the chief of detectives in Birmingham, Ala., as referred to in the affidavit of said Epps attached. I am personally acquainted with said Bernard and know that the man pointed out by said Epps as the chief of detectives of Birmingham is B. Bernard of Atlanta, Ga."R. P. Barrett testifies by affidavit in substance as follows:-"My name is R.P.Barrett. I live at 549 West North Avenue in the city of Atlanta; I worked for the National Pencil Factory about four years in all; I was in the employ of

Visible Translated Text Is As Follows: waited for him. He came up and said 'Barrett, you haven't said anything to anybody about that yet, have you? I told him No. He then said 'Well, don't tell anybody about it; but if you do, let me know before you tell, so I can leave town.' I probably said 'Allright' - I do not recall positively."his was the last of the matter between Jimmie and me until just before or about the time the Supreme Court rendered its decision in the Leo M.Frank case. Early in 1914 - I think it was

Visible Translated Text Is As Follows: "I met Jimmie at the Bxxxxx Fourth National Bank corner at 1:30 Monday afternoon and he said we were thirty minutes too early. That Mr. Kelly would not be there until 2 o'clock. We waited around until 2 o'clock and went up to the Kimball House to a room the number of which I do not recall. Jimmie knocked at the door and a man I did not know opened the door and invited us in. After we got inside Jimmie introduced the man to me as Mr. Kelly from Chicago. This man asked

Visible Translated Text Is As Follows: "It was getting late by this time so I told him I would have to go as I had some business I must attend to. He had been writing while we were talking. When I was about to go he asked me to read over what he had written and if I found anything in it I didn't like to make a check mark by it. I said I didn't care to do it, but he pleaded with me to just sit down and read it over and check off the part I didn't

Visible Translated Text Is As Follows: N.A.Garner testifies by affidavit in substance as follows:"I am personally acquainted with W.W.Rogers, otherwise known as 'Boots' Rogers. On April 28th, 1914, I had a talk with Boots Rogers and asked him who the other Rogers was that was working for Burns and he said Burns had no other Rogers in the city of Atlanta. He admitted that he was now in the employ of Burns. He also stated that he had not changed or modified in any respect his evidence as given on the stand and it was the truth and nothing but

Visible Translated Text Is As Follows: This said George Wrenn or Dr. Wrenn being the brother of Jimmie Wrenn, - said Jimmie Wrenn being the man who has been assisting C.W.Burke, - said C.W.Burke being a witness signing the affidavit of C.Burtis Dalton in Florida and the notary public purporting to attest what purports to be an affidavit from an old negro woman by the name of Mary Rich."Dan M. Goodlin, Jr. testifies by affidavit in substance as follows:"On Tuesday the 28th of April, 1914, I went in company with Charles Sigglea, whom I had arrested on a warrant from

Visible Translated Text Is As Follows: "What did you call me, Kelly?" I said "No, I didn't call you Kelly; I called you Terry - the name you gave me."Fred Perkerson testifies by affidavit in substance as follows:"My name is Fred Perkerson. I am employed by Mr. J. J. Woodside. About the latter part of the summer of 1915, I was sentenced to serve a term in Fulton county jail for drunkenness on the public highway and I served this sentence at the county jail and for practically this entire time I was allowed the freedom of the jail as

Visible Translated Text Is As Follows: "Both of us told him we wouldn't do this; he stated that Conley was not any relation to us. He said all you want is the money when you get out. He said he would soon be out smoking good cigars and we would be broke. I remember he talked to me at least a half dozen times about this, sometimes talking to me by myself and sometimes to Reese and myself."I remember at one time Dr. Wrenn was talking to Conley in the presence of myself and Reese, and he told Conley the

Visible Translated Text Is As Follows: I8 what was said between them. I have seen them talking together a good many times. Dr. Wrenn roomed in the hospital where Annie Maud Carter cleaned up, and the medicine room was also on the fifth floor, and it was in this medicine room where Annie Maud Carter did her ironing. She did the ironing for Dr. Wrenn."I saw Annie Maud Carter start into Conley's cell wing one day and we called to her and told her she would be looked up if she went in there and she stopped at the door

Visible Translated Text Is As Follows: "When I went to Mr. Dorsey's office to have my subpoena signed so that I could get my money - this being on Saturday after the trial - Mr. Dorsey stated to me that people all over the state had been sending him produce of different kinds, - tomatoes, melons, corn, etc.; he had a cake there that someone had sent him and asked me if I would like to have some, and gave me the cake which I ate and found to be very nice indeed, and enjoyed."After I went back to work,

Visible Translated Text Is As Follows: and told me he had an affidavit he wanted to get me to sign for anextraordinary motion for new trial. I said: 'Wait a minute; I don't sign anything unless I read it.' It didn't read like I said it and I wouldn't sign it. I told him I didn't sign anything I did n't know what I was signing. He asked me if I wanted to see Mr. Frank hang. I told him if he was innocent I didn't, but if he was guilty, I did. I was so mad I wouldn't talk

Visible Translated Text Is As Follows: "About three weeks ago on Friday before Mr. Burns went to New York on his last trip, Mr. Semel Boorstein, a lawyer, sent for my daughter Monteon, to come to his office. He said he just wanted her to make the same statement to him she made on the stand at the trial of Leo M.Frank; that he did not hear the evidence then and had not heard it and he wanted to hear her statement personally because he felt a great interest in the case and because he was a friend of the

Visible Translated Text Is As Follows: and told her that Monteen would come out too; and I opened the door and got Monteen, and we come on out of the office, and Mr. Boorstein ran out and followed us to the elevator and insisted on having Mon teen come back and that girl followed us out there and said 'Come back; you don't have to answer any questions if you don't want to.' And I caught the elevator and come on down and in a few minutes Mr. Edmondson caught up with us and we went on home. Nobody said

Visible Translated Text Is As Follows: heard a girl crying in the National Pencil Company's place of business about 2:30 o'clock in the afternoon, in the basement. He said that they wanted to find William Calhoun to show by him that the detectives had him down at the station house to talk with Jim Conley. He said that Conley stated to the detectives that he could show by Calhoun that he didn't pull the staple on the basement door at the basement of the factory and that if the detectives found Calhoun and had him down there and confronted him

Visible Translated Text Is As Follows: to get Allen in a good humor. Burke said 'Tell Allen that the detectives and Dorsey will all be down and out and we will be up; so don't be afraid on their account and make an affidavit.'"I left Atlanta on April 2nd, 1914 and arrived at Chicago on April 3d. I went to the office of Thos. Dames' Detective Agency in Chicago in the Transportation building. I met there Aaron Allen. Allen told me that Burns' crowd had arrested him in Indianapolis and had brought him to Chicago. Allen furthermore stated that he

Visible Translated Text Is As Follows: was the truth. I then went in and told W.J. Burns that Allen said he would make that affidavit but it would be a lie. Then Burns said 'I will talk to him in a few minutes.' In a few minutes Burns went back and got Allen and brought him in his office. Burns then said to Allen 'You God damn bastard, you are not loyal to those policemen and you are telling me a damn lie and you just as well come on across and tell me all about it.' After this the

Visible Translated Text Is As Follows: name was something like 'Stoll'. I am not sure about this name.The affidavit stated that the maker was 28 years old; that he wasa citizen of Chicago, Ill. and said that he was with the SalvationArmy in Atlanta when the murder of Mary Phagan happened and was atthe rear of the National Pencil Factory's place of business on theafternoon of April 26th, 1913. The affidavit said he left becausesentiment was so strong that he was afraid he would get into sometrouble. The affidavit stated that he told a detective about thematters testified to in

Visible Translated Text Is As Follows: The State introduced the following documentary evidenceto-wit:Certified copy of an indictment against George Wrennfound at May Term, 1912, of Fulton Superior Court, in whichit was charged that on the 17th day of April, 1912, thesaid George Wrenn did steal certain jewelry, a detailed des-cription of which is set forth, of the alleged value of$28,437.88, the same being the property of S. and H. Gileey.Upon said indictment was a verdict of guilty dated October30, 1912, and the sentence by the court that the said GeorgeWrenn serve twelve months upon the Public Works of FultonCounty.The State

Visible Translated Text Is As Follows: R. Miles, charging the parties named with the offense of car breaking on the 2nd day of February, 1912, and upon said indictment is an entry of nolle prosequi by the presiding judge, dated June 27, 1912.The State likewise introduced an indictment found at March Term, 1912, of Fulton Superior Court, against Hal Cline, A. Casey, McHenry Hatmaker, Jesse Duffy, A. L. Jesse and L. P. Eubanks, charging the parties named with the offense of car breaking on February 8, 1912, and upon said indictment is an entry of nolle prosequi, signed by the

Visible Translated Text Is As Follows: March Term, 1912, of Fulton Superior Court, against L. P. Eubanke, John B. Hairston, B. Z. Spencer, A. L. Jesse and J. R. Miles, charging the parties named with the offense of car breaking on the 27th day of November, 1911, and upon said indictment appears an entry of nolle prosequi dated June 27, 1912, signed by the presiding judge.The State likewise introduced an indictment found at the March Term, 1912, of the Fulton Superior Court, against L. P. Eubanke, John B. Hairston, B. Z. Spencer, A. L. Jesse and J. R. Miles, charging

Visible Translated Text Is As Follows: REBUTTAL ON BEHALF OF MOVANT.GROUP 2.DR. H. F. HARRIS, Movant introduced the following testimony ofDr. H. F. Harris, delivered on cross-examination at the original trial:"Q. What did he (Mr. Dorsey) tell you to examine? What parts of thebody did he tell you to examine? A. He told me he wanted me toexamine the stomach and tell him all I could about it.Q. Had you, in your own mind, what you were seeking? A. Therewas some question of poisoning and you were seeking to determine bytest for poison. A. Yes, sir.Q. Did you make a

Visible Translated Text Is As Follows: the City of Atlanta, for almost five years passedFurther deposing, deponent says that she is acquainted withLeo M.Frank and also R.P.Barrett, and knew Mary Phagan well, andknew the color of her hair.Further deposing, deponent says that on Monday, April 28th,she was at the National Pencil Factory, and Magnolia Kennedy calledher attention to the hair on a corner machine that R.P.Barrettwas alleged to have found there, and at that time she gave it asher opinion that the hair on the machine was not that ofMary Phagan, as it was entirely too light to be the

Visible Translated Text Is As Follows: whether he would rather have a job around the Terminal Station than one just making $8.00 per month. I did not ask McKnight if he (McKnight) could learn to drive an automobile,nor did I tell him then if you would not like the job at the terminal station I will learn you to drive the car and give you a job. McKnight did state after he made his affidavit that he believe ham would be done him by the people at the place he was working and by the detectives, and I did tell

Visible Translated Text Is As Follows: that every word he had stated in his affidavit to me was the truth. And while Burns was talking to McKnight I interrupted and asked McKnight to tell Burns and the others what, if anything I had promised him for making the affidavit, and McKnight told them I had promised him nothing,or made any inducement to him of any kind for making his affidavit, that he had simply done so because of his conscience and had hurt him and he was sorry he had lied about Frank. I did not ask Albert McKnight while

Visible Translated Text Is As Follows: and told the truth as it had relieved his mind and that he hoped the affidavit would undo the wrong that he had done to Leo M. Frank. The first time C.W.Burke called on me and my husband, the said C.W. Burke did not ask my husband to sign an affidavit, but that he had outlined to Albert the great wrong it was to lie and told him that even though it was possible to deceive the people on this earth, he could not deceive God Almighty. Mr.Burke told Albert on the occasion of

Visible Translated Text Is As Follows: to McKnight, who held up his right hand and swore that every word contained therein was the truth in every respect.DAM McINTYRE, JR., sworn for the Movant. On Tuesday, May April 14, 1914, I was in an automobile with Dan S. Lehon and C.W.Burke, and Fred Lynn, who was the chauffeur driving the car. When the streets of Glynn and Pulliam in the City of Atlanta were reached, we met a negro who said that his name was Albert McKnight and who C.W.Burke also said was Albert McKnight. I heard Dan S. Lehon questioning

Visible Translated Text Is As Follows: FRED LYNN Sworn for the Movant: On Tuesday, April 14, 1914, I was in an automobile with Dan S. Lehon, Dan McIntyre and C.W.Burke, and I was driving said automobile. When the streets of Glenn and Pulliam were reached, we met a negro man and his name was Albert McKnight and who C.W.Burke said was Albert McKnight. I heard Dan S.Lehon questioning said Albert McKnight with reference to an affidavit which he had made to C.W.Burke on January 19,1914, and I heard Dan S.Lehon read said affidavit to McKnight and McKnight stated that it

Visible Translated Text Is As Follows: Atlanta,was the man who induced him, McKnight, to swear falsely.I heard C.W.Burke tell McKnight to explain to all present what, ifany,offers said Burke made to him in order to secure his affidavitand McKnight replied that Mr.Burke had made no offers to him of anykind, and further said that Mr.Burke had not talked religion tohim,and that he had only told Mr.Burke the truth. Before affixingmy signature hereto I have carefully read the original affidavitsigned by said Albert McKnight,dated January 19,1914, and recognizein the contents thereof precisely the same statement Albert McKnightmade to me and others

Visible Translated Text Is As Follows: told me that he had given false testimony at the trial of Leo M. Frank and expressed his sorrow for having done so.DR. THOS. H. HANCOK, Sworn for the Movant. On Sunday, March 22nd 1914, in company with Detective W.J.Burns, Attorney H.J.Haas and C.W.Burke, I called on Albert McKnight, who was a patient at the colored hospital known as Fair Haven Infirmary on West Mitchell Street, in the city of Atlanta, Georgia. I heard Detective Burns questioning Albert McKnight regarding the affidavit that McKnight had made to C.W.Burke on January 1914, and heard the

Visible Translated Text Is As Follows: he asked Mr. Craven to give it back and Mr.Craven had refused and told him the statement had already been given to the detectives and if he, McKnight, did not now stick to the story, he would surely get in trouble. McKnight told me that twice during his period of testimony on the witness stand he came very near coming right out with the truth and would have done so had lesser kept after him a little longer. He also said that if Mr.Frank was ever tried again that he had told his wife

Visible Translated Text Is As Follows: interviewed one Albert McKnight in the Gould Building, in the Cityof Atlanta, Georgia, and the result of my interview with Albert Mo-Knight appeared in the Sunday issue of the Hearst's Sunday Americanof February 22, 1914, and said interview correctly appeared therein.I closely questioned Albert McKnight regarding the affidavit re-ferred to, and McKnight stated to me that the affidavit made to C.W. Burke, a notary public for Fulton County, Georgia, on January 19,1914, was in every way the truth. I asked him if C.W.Burke or anyother person offered him any inducement or reward for the

Visible Translated Text Is As Follows: Pulliam Street.Deponent says that when he reached the Selig home on Saturday, April 26th, that his wife was preparing the noon time meal, but had not yet served it, and that she did not serve the meal before he left the house.Deponent says that he did not see Mr.Frank at all on April 26, 1913 and that his evidence in the trial of Mr.Frank was the result of a plan perfected by W.J.Burns and others to collect the reward offered for the arrest and conviction of the murderer of Mary Phagan.Deponent says he told

Visible Translated Text Is As Follows: C. W. BURKE, DAN S. LEHON, Sworn for the Movant. We have been employed in investigating the Frank case. On or about the 9th day of April, 1914, each of us, together with J. O. Knight, went to the then boarding house of Miss Ruth Robinson, 404 Capitol Avenue. The affidavit purporting to be signed by said Miss Ruth Robinson, on the 9th day of April, 1914, before J. O. Knight, Notary Public, for Fulton County, and which has been introduced in evidence in this case, was signed in our presence, and said J.

Visible Translated Text Is As Follows: Q. Now - (Mr. Rosser: Don't lead). Q. What would he do and what would he do when he would be talking to her and she would be putting the rubbers in pencils? A. Well, he would put those rubbers in pencils? A. He would just show her.Q. What would he make her do when he would put those rubbers in pencils? A. He would just show her.Q. How would he show her? A. He would take up the pencils and show her how to do it.Q. Show her - how would he show

Visible Translated Text Is As Follows: sworn to by the said Ruth Robertson before G.W.Burke,Notary Publicof Fulton County, a copy of which affidavit is hereto annexed andmade a part of this affidavit. When the said Ruth Robertson relatedthe facts and statements contained in the affidavit, she and I werethe only persons in my rooms at the said Hotel Weinhoff. I person-ally wrote out her statement of facts in long hand as she talkedand later dictated them to a stenographer in the form of the affi-davit that she later executed. The said Ruth Robertson met me inthe evening of the 20th

Visible Translated Text Is As Follows: Frank and asserted that he was a very bad man. I told him that I knew absolutely nothing against Mr.Frank's character. Mr.Dorsey insisted that I did, and persisted in the statement that he was of bad character. He asked if I had ever been in Mr.Frank's office. I told him that I had on several occasions, always on business errands connected with the work I was performing at the factory. He then asserted that I had been in Mr.Frank's office, with him alone, to keep dates for purposes other than business, to which I

Visible Translated Text Is As Follows: his hands on Mary Phagan, and that she had seen him whisper to her or talk to her with his face close to hers. Maggie Griffin and Dewey Howell left the large room described two or three times together, and returned together and I heard Dewey Howell say repeatedly that she was afraid she would forget all Maggie had told her to say when she went into the court house, and Maggie said, "We will go over it again, so you won't forget it." This was repeated several times. I recall hearing Dewey Howell

Visible Translated Text Is As Follows: DAN S. LEHON. Sworn for the Movant.I was present when Mrs.Mamie Edwards made an affidavit,dated Apr.13,1914, before Daniel Irwin Mclntyre, which affidavit was taken in the Leo M.Frank case to be used upon application for new trial.I heard said Mclntyre read the affidavit to Mrs.Mamie Edwards, heard her say that it was true and saw her sign it.GROUND 11.LEMMIE QUINN. Sworn for the Movant.On the 26th day of January,1914, I introduced Marie Karst to G.W.Burke,while they were in the store of J.H.Nunnally on Peachtree Street in Atlanta,Georgia,and the said G.W.Burke then and there told

Visible Translated Text Is As Follows: prompting her and mentioning her in his office, he did not at any time use the word lasciviousness, but when she went on the witness stand, he did use the word, and asked her if Mr.Frank's character for lasciviousness was good or bad, and she answered bad, in the face of the fact that she did not know the meaning of the word "lasciviousness", and never had it explained to her until today; and since the explanation has been made, and she understands the words, she most emphatically denies that Mr.Frank's character or reputation

Visible Translated Text Is As Follows: pany's factory. I read the attached blank affidavit to Mary Rich, which affidavit is hereto attached and marked Exhibit 'A, and asked Mary Rich if same was the truth, and Mary Rich said, "Yes sir, it is true, except the time should be two thirty P.M. instead of two fifteen P.M." explaining the reason she was positive about the time was because she remembered that as she passed her, with a grip in his hand going toward the Terminal Station; that she asked for the time of day and she said he looked at

Visible Translated Text Is As Follows: stated to me that owing to the fact that I had been a former employ-er of his brother in law, W.H.Barber and further because of thefact that said Barber had spoken very highly of me that he (Dalton)would tell me the truth about his testimony at the trial of Leo M.Frank. He then and there proceeded to freely give me the inform-ation contained in the affidavit which has been presented at thishearing. I wrote out Dalton's statement in long hand at the timehe gave it, and on the following morning I gave the long

Visible Translated Text Is As Follows: by which I could secure him a pass from Jacksonville to Atlanta, and return, stating that he had a daughter or sister in law whom he desired to visit. I explained to Dalton that while I had friends with the Southern Railway, it would be impossible for me to secure a pass for him or even for myself, owing to the present pass laws. I explained to Dalton that it would be impossible for me to do him a favor of any kind while the Frank case was pending, and Dalton acknowledged to me

Visible Translated Text Is As Follows: master mechanic of the pencil company. I know that Beoker resigned his position during the month of December,1912. Beoker's office was on the fourth floor of the pencil company's place of business, and I know that Beoker issued orders on order blanks from his office, and there were in Beoker's desk at the time of his resignation duplicate order blanks, both in tablet form and in loose leaves. At the time that Beoker resigned a mix change was made in the office and dressing room space on the fourth floor, the part where Beoker's

Visible Translated Text Is As Follows: which were thrown on the floor in the trash and certain blue prints found in the desk were placed in the steel cabinet on the fourth floor.GROUND 15.J. W. WRENN, Sworn for the Movent: At the instructions of C.W. Burke I called on Ivy Jones at the railroad freight depot. I represented to Ivey Jones that I was seeking/about an accident and that the injured man had given his (Ivey Jones') name as a witness to the alleged accident. I asked Ivey Jones what he knew regarding the accident that had taken place on

Visible Translated Text Is As Follows: day. I instructed Wrenn to learn from Jones his entire movements on that day and the name of each person whom he met that day. Wrenn afterward returned to me and stated that he had interviewed Jones; that Jones did not witness an accident of any kind on Memorial Day and that he very readily gave his movements on that day, in detail. From the notes furnished me by Wrenn I dictated the affidavit which was signed by Jones on February 16, 1914, after writing the affidavit we located Jones at the corner of

Visible Translated Text Is As Follows: B. WILDAUER, OTTO SCHWAB, A.J.GUTHMAN, ALBERT HAAS, ISAAC HAAS,HERMAN J. HAAS, H. REGENSTEIN, sworn for the Movant. On Friday,May 1, 1914, we met J.E.Duffy at the office of the Capital CityChair Company between 8 and 9:30 P.M. Herbert J. Haas was alsopresent. The affidavit of J.E.Duffy executed April 10, 1914, beforeJ.O.Knight was shown and to Duffy and Duffy acknowledged the sig-nature to the affidavit as his and that at the time of signingthe affidavit, he was properly sworn by the notary J.O.Knight;that he received no money or promise of reward or position to makethis

Visible Translated Text Is As Follows: was paid to Duffy nor did I promise to give him a job at $15. per week, or any other job, to make the affidavit aforesaid. On the contrary, Duffy made it freely and voluntarily and he stated at the time that it was the truth. Dan S. Wilson was also present when the affidavit was taken by Knight. Knight read the affidavit over to Duffy and Duffy stated it was true, held up his right hand and swore to it and signed it before J.O.Knight, notary Public.H. O. KNIGHT, Sworn for the Movent.

Visible Translated Text Is As Follows: made an affidavit, of date April 25,1914. Said affidavit was read aloud by said Annie Maud Carter and she thereupon signed it and was duly sworn by the notary J.O.Knight. Some of us questioned the said Annie Maud Carter and asked her whether she had received any money or promise of reward of any character and she answered that she had not, and that she had not been coerced or intimated in any way to make said affidavit. She further stated that every statement contained in said affidavit was true.Movert also introduced the following

Visible Translated Text Is As Follows: this day April 26th. I told Black that the Mary Phagan sat in the front seat on the left hand side facing forward and I sat three seats behind her. I did not speak to Mary while on the car, but when we got off the car at Marietta on Forsyth Street, Mary got off ahead of me and I then said "Hello Mary, where are you going." Mary answered "I am going to get my money and go to see the parade, this being Decoration day and a holiday. This was all of

Visible Translated Text Is As Follows: there acted suspicious toward her;that he came out ahead of her at nights when she would leave the factory and would look at her and wink at her and that she was "afraid of Frank" and asked me to come to the pencil factory every night to meet her. After this talk with Detective Black he gave me a nickel to buy a coca cola and told me to come back to the inquest which was being held on the second floor in police headquarters building. I did as he told me and after

Visible Translated Text Is As Follows: Black that I would do as he told me to. The next day I went direct-ly to the court house. In the court house I met detective Black andhe told me to go ahead and when I got on the stand to "do just aswell as I had done up to his office". On the stand I was only al-lowed to tell about riding on the car with Mary at the time thatI got on the car as instructed by Black and before I got off thecar. When I was cross examined by Mr.Rosser

Visible Translated Text Is As Follows: the Clerk, looked over my shoulder and following the whole time I was reading the affidavit to Epps. One or twice there were small mistakes to which Epps called my attention and Epps followed in the minutest manner the whole affidavit, which he afterwards signed. The Clerk, Mr.Cooper then asked Epps if he was willing to swear to the contents of the paper which he had read. Epps then held up his right hand and swore in Mr.Cooper's presence the the affidavit was the truth and nothing but the truth, so help him God.

Visible Translated Text Is As Follows: Mr. Burns's son brought me no such message and d d tell Mr.Burns, however, that he, Burns, desired me to talk to Allen. I told said Burns that it would be presumptuous for me to attempt to talk with Allen after he, Burns, several of his operatives, Jacobs, Isom had talked to Allen with identical results and for this reason I declined to talk to Allen. No affidavit was made by a Salvation Army man in my presence.JOSEPH W. CONROY, Sworn for the Movant. I am a Notary Public in and for the County

Visible Translated Text Is As Follows: oonversation was had with Conley and hence Conley had no chance to decline it. I was in Conley's cell once or twice for the purpose of giving him medicine, but sometimes in there by myself. Neither of the parties aforesaid told me that I had as much opportunity to go into Conley's cell as they had and they would swear that Con- ley had confessed to me as well as to them, nor did I say to either of them "You are a damn fool; I am not going to mix in it." I

Visible Translated Text Is As Follows: I endeavored to get an affidavit from Barrett, but Barrett statedthat he would sign no affidavit for any one. I impressed it uponBarrett that I only wanted the truth, and would be very glad to gowith Barrett before Hugh Dorsey, or Madison Bell, his(Barrett's)attorney before asking him to affix his name thereto, butBarrett refused. I did not authorise Jim Conley or any otherperson to secure railroad passes for the purpose of taking Barrettout of the city. I did tell Barrett that if I should put a lie ofany kind in an affidavit and send

Visible Translated Text Is As Follows: Q. On your hips at all? A. No.Q. Well, did he make any effort at all to pick up your lower limbs?A. Yes sir.Q. And your dress? A. Yes, sir, while I was sitting down talkingto him.Q. How long ago was that? A. It has been two years ago in March.Q. What did you say after staying there? A. Well, did I say?Q. Yes. A. Why, I just quit. I didn't go back any more until Satur-day, and I went back for my money and I found out it didn't suitme. I thought he

Visible Translated Text Is As Follows: he believed Leo M.Frank innocent, but that he believed the murder had been committed on the second floor of the factory; that he also believed the hair taken from the lathe machine was that of Mary Phagan's, and that he was entitled to the reward which had been offered for the conviction of the murderer of Mary Phagan. Burke was testifying desirous of seeing the notes of Barrett in getting up the book that Barrett intended getting up on the case and promised to let Burke have them the next morning. Burke explained that

Visible Translated Text Is As Follows: the case,and on April 9,1914, I, together with Dan S. LeHon and J.O.Knight, retook the affidavits,hereto attached,marked Exhibits C and D. When affidavit Exhibit D was being taken by J.O.Knight, a Notary Public, Miss Lillie Pettis declined to testify that she did not believe her sister was telling the truth about Mr.Frank winking at her,and that statement was stricken out of the affidavit affidavit.)(The following are the exhibits attached to the above affidavit.)Georgia, Fulton. Personally appeared Mrs.Lillie May Pettis, of No.48 Girard Street, in the city of Atlanta,Fulton County, Georgia, upon oath, deposes and

Visible Translated Text Is As Follows: and a very large fat man whose name she does not know, calledon her at her home and that Bea Rosser does not know, calledto make her state that Mr.Frank had been familiar with her at thefactory and that she had seen him acting in a similar way withother girls at the factory; that she said Bea Rosser coaxed herpleased and even got mad with her because she would not swear tothese things for him. Deponent further states eao time that hecalled on her, she always stated that she had always found Mr.Frankto be

Visible Translated Text Is As Follows: reach the factory until about 8 A.M. Deponent says that, after making application to Miss Flowers for a position,Miss Nellie immediately left the factory; and eaponent is sure that Miss Nellie did not at any time come in contact with Mr. Frank and is further sure that if she had seen him in the factory, she would not have known him, as deponent had never etther seen or pointed out Mr. Frank to her, and Miss Nellie had never told deponent that she knew Mr. Frank. Deponent also says that Miss Nellie never stated

Visible Translated Text Is As Follows: done certain work for C.W.Burke, and when he employed me to work in this case, he instructed me that nothing was to be done in this case, except to seek the truth and I have never done anything except at Burke's direction, and I have never paid anything except what was just and fair. I have never offered to pay anybody anything to testify in this case, nor ever offered to reward them in any way.The hearing of said extraordinary motion for new trial came to an end on the 6th day of May,

Visible Translated Text Is As Follows: 4. The extraordinary motion for new trial, together with the order and the entries thereon, filed on the 16th day of April, 1914.5. The 1st amendment to the extraordinary motion for new trial, together with the order and entries thereon, filed on the 4th day of May, 1914.6. The 2nd amendment to the extraordinary motion for new trial, together with the order and entries thereon, filed on the 4th day of May, 1914.7. The 3rd amendment to the extraordinary motion for new trial, together with the order and entries thereon, filed on the 4th

Visible Translated Text Is As Follows: and corrected by the Supreme Court of Georgia.Rosser & BrandonReuben R. ArnoldHerbert J. HaasAttorneys for Leo M. Frank.Post Office Address:Atlanta, GeorgiaI do certify that the foregoing bill of exceptions is true, and contains and specifies all of the evidence, and contains and specifies all of the record material to a clear understanding of the errors complained of; and the Clerk of the Superior Court of Fulton County is hereby ordered to make out a complete copy of such parts of the record in said case as are in this bill of exceptions specified, and

Visible Translated Text Is As Follows: W. M. BradleyFiledOfficeJUN 30 1914No. 32March Term, 1914.FileCriminal DocketBILL OF EXCEPTIONSTHE STATEOFGEORGIA,vs.Frank

Visible Translated Text Is As Follows: Case No. ________ Term, 191_Superior CourtsFulton CountyLeo M. Frankvs.State of GeorgiaBill of ExceptionsFiled in office July 19, 191_Clerk

Visible Translated Text Is As Follows: GEORGIA, Fulton County.I Hereby Certify, That the foregoing Bill of Exceptions, hereunto attached, is the true original Bill of Exceptions in the case stated, to-wit:Leo M. FrankPlaintiff in Error.vsThe State of GeorgiaDefendant in Error.and that a copy hereof has been made and filed in this office.Witness my signature and the seal of Court affixed this the 22 day of June 1914Annie M. AnglesClerk Superior Court Fulton County, Georgia,Ex-Officio Clerk City Court of Atlanta.

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Visible Translated Text Is As Follows: STATE OF GEORGIA,COUNTY OF FULTON.Be it remembered that at the May Term 1914 of the Superior Court of said County, there came on to be heard before Hon. B. H. Hill, Judge of said Court presiding, in the case of the State of Georgia vs. Leo M. Frank, the motion in writing, as amended, of the said Frank, upon the grounds therein set forth, to set aside the verdict of guilty of murder rendered against him in said cause. To the said motion the State of Georgia, by its Solicitor General, interposed its demurrer

Visible Translated Text Is As Follows: set up presented no good and sufficient reason in law why the same should be sustained and the motion be dismissed; that said judgment was erroneous in sustaining the sixth ground of the general demurrer, because the ground of demurrer therein set up presented no good and sufficient reason in law why the same should be sustained and the motion be dismissed; that said judgment was erroneous in sustaining the seventh ground of the general demurrer, because the ground of demurrer therein set up presented no good and sufficient reason in law why the

Visible Translated Text Is As Follows: the special demurrer, because said ground of demurrer present-ed no good and sufficient reason in law for striking thatportion of the motion of plaintiff in error in said secondground of the special demurrer pointed out, the saidportion of the motion, asmovant contends, being materialand relevant to the assertion. of the righte of movant asset forth in paragraph 7 of his said motion.And plaintiff in error specifies as all the recordmaterial to a clear understanding of the errors complainedof, the following:1. The motion of plaintiff in error, Leo M. Frank, to setaside the verdict of

Visible Translated Text Is As Follows: Tyre, Peeples & Jordanunderstanding of the errors complained of; and the Clerkof the Superior Court of Fulton County, Georgia, is herebyordered to make out a complete copy of such parts of therecord as are in this bill of exceptions specified and certifythe same as such, and cause the same to be transmitted to theSupreme Court of Georgia, now in session, that the errorsalleged to have been committed may be considered and corrected.This June 25th, 1914.Ben H. HillJudge Superior Court,Atlanta Circuit.

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Visible Translated Text Is As Follows: The Prison Commissionof the State of GeorgiaMilledgeville, Ga.Aug. 18, 1915Hon. Geo. M. NapierState of GeorgiaPrison CommissionAtlanta, Ga.Dear Sir:I am in receipt of your letter of the 17th inst., in regard to the application of Leo M. Frank for a commutation of his sentence from death to life imprisonment, and in reply thereto will say that I have given the matter careful consideration and have consulted with others in regard to the same. I am of the opinion that the evidence in the case is not sufficient to warrant a commutation of the sentence. I

Visible Translated Text Is As Follows: GEORGIA, Fulton County.I Hereby Certify, That the foregoing Bill of Exceptions, hereunto attached, isthe true original Bill of Exceptions in the case stated, to-wit:Leo M. FrankPlaintiff in Error.vs.State of GeorgiaDefendant in Error.and that a copy hereof has been made and filed in this office.Witness my signature and the seal of Court affixedthis the 18 day of July 1914Clerk Superior Court Fulton County, GeorgiaEx-Officio Clerk City Court of Atlanta

Visible Translated Text Is As Follows: Filed in officeJuly 30, 1913ClerkBill of ExceptionsStatevsLeo M. FrankCase No.September Term, 1913Atlanta CircuitClerk

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Visible Translated Text Is As Follows: Filedin officeJul 15 1914C. Bellamy, ClkBILL OF EXCEPTIONSTHE STATEFrankSUPREME COURT OF GEORGIA,October Term, 1914.No. 3FileCriminal Docket.

Visible Translated Text Is As Follows: LEO M. FRANK,Plaintiff in error.vs.THE STATE OF GEORGIA,Defendant in error.

Visible Translated Text Is As Follows: ) ( I N D E X )Motion to set aside Verdict, Page 1.Amended Motion, Page 10.Demurrer, Page 11.Order on Demurrer, Page 16. Since all the page references are singular, I used "Page" for each entry. If there were any instances with multiple pages, I would have used "Pages" instead.

Visible Translated Text Is As Follows: (MOTION TO SET ASIDE VERDICT.)State of Georgia, No. 9410.Vs. (1). Fulton Superior Court.Leo M. Frank. (1).-----------------------------------------------------GEORGIA, FULTON COUNTY.IN THE SUPERIOR COURT OF FULTON COUNTY, GEORGIA.CONVICTION OF MURDER.MOTION TO SET ASIDE VERDICT.Now comes Leo M. Frank, the defendant in the above stated case, against whom in said case a verdict of guilty of murder was received by the Court on August 25th, 1913, and moves the Court to set aside said verdict for the following reasons:1.Because at the time that said verdict was received, and the jury trying the cause was discharged, this defendant was

Visible Translated Text Is As Follows: waiver would be not only a renunciation of a right which the law established in his favor but would be a renunciation affect - ing the public interest.Because on the day said verdict was rendered, and shortly before Hon. L. S. Roan, the Judge who presided upon the trial of said cause, began his charge to the jury, the said Judge in the jury room of the court house wherein the trial was pro- ceeding, privately conversed with L. Z. Rosser and Reuben R. Arnold, two of the counsel of this defendant, and in

Visible Translated Text Is As Follows: of this defendant to be present at the reception of said verdict, or to agree that this defendant should not be present thereat; and the relation of attorney and client did not give them such authority, though said counsel acted in the most perfect-good faith and in the interest of the personal safety of this defendant. Neither the said conversation, with Judge Roan, nor the purport thereof, was communicated to said Haas, nor did said Haas know thereof until after sentence was pronounced on defendant. (2). Defendant did not give to said Rosser, nor

Visible Translated Text Is As Follows: of this defendant while he was so confined in jail, was in violation of and contrary to the provisions of Art. 1, Sect. 1, Par. 3 of the Constitution of the State of Georgia, providing that "no person shall be deprived of life, liberty or property, except by due process of law", the said reception of said verdict during the involuntary absence of this defendant and while he was confined in jail depriving the proceedings against him of the character of a trial to which he was entitled under the law and depriving him

Visible Translated Text Is As Follows: involuntary absence of this defendant and while he was confined in jail depriving the proceedings against him of the character of a trial to which he was entitled under the law and depriving him of the hearing and the opportunity to be heard in his own defense to which he was entitled under the law and to which he was entitled under the said provision of the Constitution of the United States; and this defendant claims the protection of said provision.5.Defendant says that the said reception of said verdict in the involuntary absence of

Visible Translated Text Is As Follows: had thought about this case more than any other he had evertried; that he was not certain of the defendant's guilt; thatwith all the thought he had put on this case, he was not thorough-ly convinced that Frank was guilty or innocent, but that he didnot have to be convinced; that the jury was convinced; that therewas no room to doubt that; that he felt it to be his duty to orderthat the motion for a new trial be overruled. This defendant saysthat under the provisions of the Fourteenth Amendment to theConstitution of the

Visible Translated Text Is As Follows: are windows looking out from the court room into this alley, and that crowds collected therein, and any noises in this alley could be heard in the court room; that these crowds were boisterous, and that on the last day of the trial, after the case had been submitted to the jury, a large and boisterous crowd of several hundred people were standing in the street in front of the court house, and as the Solicitor General came out greeted him with loud and boisterous applause, taking him upon their shoulders and carrying him

Visible Translated Text Is As Follows: Monday, owing to the great public excitement, and the Court adjourned from Saturday, 12:00 o'clock P. M., to Monday morning, because he felt it unwise to continue the case that day, owing to the great public excitement, and on Sunday morning the public excitement had not subsided, and was as intense as it was on Saturday previous. And when it was announced that the jury had reached a verdict, the trial Judge went to the court room and found it crowded with spectators, and fearing violence in the court room, the Trial Judge cleared

Visible Translated Text Is As Follows: STATE OF GEORGIA,COUNTY OF FULTON.In person appeared before me Leo M. Frank, who being dulysworn says: He has read the motion and answer set forth and isfamiliar with the contents thereof. Deponent says that each andall of the statements thereof as to anything which was done orsaid by this deponent and as to anything within the knowledge ofthis deponent are true. Deponent says that all the other state-ments made in said motion he is informed and believes are true.Leo M. Frank.Sworn to and subscribed before me,this 15th day of April, 1914.Montefiore Selig,N. P. Fulton

Visible Translated Text Is As Follows: (AMENDED MOTION.)GEORGIA, FULTON COUNTY.Now comes Leo M. Frank, and with leave of the Court, amends his above stated motion as follows: By inserting between the word "and" and the words "until after sentence of death," in the last sentence of the paragraph numbered one of said motion, the words "did not know of any waiver of his presence made by his Counsel", so that said sentence as amended will read;"He did not even know that said verdict had been rendered and said jury discharged until after the reception of the verdict and discharge of

Visible Translated Text Is As Follows: GEORGIA, FULTON COUNTY.(DEURRER.)The State of Georgia responding to the motion to set aside verdict in the above stated case says by way of demurrer:GENERAL DEMURRER.1. Said motion should be dismissed because a motion to set aside a verdict or judgment of the Court should be under the law predicated upon some defect appearing on the face of the pleadings or record, and the motion filed is not one predicated upon any defect appearing on the face of the pleadings or the record.2. Said motion should be dismissed because it affirmatively appears from paragraph 6

Visible Translated Text Is As Follows: is binding on the said Leo M. Frank, and effectively constitutes a waiver.6. Said motion should be dismissed and this petition in conjunction with the decision of the Supreme Court of Georgia in the case of Leo M. Frank against the State of Georgia, affirmatively shows that said Frank after a knowledge of this waiver on the part of his counsel acquiesced in the same and took steps affirmatively indicating a waiver of such conduct on the part of his counsel.7. Said motion should be dismissed because it affirmatively appears from the same that

Visible Translated Text Is As Follows: SPECIAL DEMURRER.Further, the State demurs specially to the following partsof the petition as aforesaid, and moves the Court to strike thesame because they are wholly immaterial and irrelevant to anyright which the Defendant Leo M. Frank might have even if hewas denied any right, and has not been estopped or did not waive thesame.Said parts demurred to specially are as follows:1. In paragraph 6 of said petition the following language,viz: "Because, Hon. L. S. Roan, stated that the jury had foundthe defendant guilty; that he, the said Judge, had thought aboutthis cause more than

Visible Translated Text Is As Follows: been denied the due process of law."The State insists that in no event could this paragraph be pertinent or material, this question having been adjudicated in the decision of the Supreme Court of the State of Georgia in head note 19 in the case of Leo M. Frank against the State of Georgia, adversely to the said Frank's contention as aforesaid, said adjudication being now the law of the case and not, susceptible of being again reviewed and called in question here or elsewhere.2. The following portions of paragraph 7 should be stricken because

Visible Translated Text Is As Follows: within the court room signifying their feelings by applause and other demonstrations; and on the trial, and in the presence of the jury, the trial Judge in open court conferred with the Chief of Police of Atlanta, and the Colonel of the Fifth Georgia Regiment, stationed in Atlanta, which had a natural effect of intimidating the jury, and so influencing them as to make impossible a fair and impartial consideration of Defendant's case; indeed, such demonstrations finally actuated the Court in making the request of Defendant's counsel, Messrs. Rosser and Arnold, as detailed in

Visible Translated Text Is As Follows: demurrer herein previously referred to.E. A. Stephens,Hugh M. Dorsey,Solicitor General.Filed in office this the 5th day of June, 1914.John H. Jones, D. Clk.(ORDER ON DEMURRER.)Upon considering the above and foregoing demurrer and after argument the same is hereby sustained on each and every ground and the motion to set aside the verdict vs., said Leo M. Frank is dismissed.This June 6, 1914.Benj. H. Hill,Judge Superior Court.

Visible Translated Text Is As Follows: STATE OF GEORGIA,County of Fulton.I Hereby Certify, That the foregoing pages, hereunto attached, contain a true Transcript of such parts of the record as are specified in the Bill of Exceptions and required, by the order of the Presiding Judge, to be sent to theSupreme Courtin the case ofLeo M. FrankvsState of GeorgiaPlaintiff in Error.Defendant in Error.Witness my signature and the seal of Court affixed this the 22 day of July 1914Clerk Superior Court Fulton County, GeorgiaEx-Officio Clerk City Court of Atlanta

Visible Translated Text Is As Follows: FiledIn officeClerk191State of GeorgiavsLeo M. FrankNo.FultonFileTerm 191Atlanta CircuitTranscript of Record

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Visible Translated Text Is As Follows: Filed in office Jul 15 1914W. & C. BaileyTRANSCRIPT OF RECORDTHE STATENo. 3Supreme Court of Georgia.October Term, 1914.Filed Jul 15 1914Criminal Docket.11567