Leo Frank TV

The Murder of Little Mary Phagan (2025 Edition) by Mary Phagan Kean

By Research Librarian Simon Pauling / September 23, 2025
Important Book Launch: The Murder of Little Mary Phagan (2025 Edition) by Mary Phagan Kean Help preserve this important history...
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Alonzo Mann (1898 – 1985) Affidavit Concerning Leo Frank, Mary Phagan and Jim Conley, Dated March 4, 1982, Combined 8 pages in total, County of Sullivan, State of Tennessee

By Research Librarian Simon Pauling / November 15, 2025
Date: March 4, 1982 Location: State of Tennessee, County of Sullivan AFFIDAVIT In the State of Tennessee, County of Sullivan....
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0711 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

By Historical Librarian / November 11, 2025
The National Pencil Company operated in the Venable Building at 37–41 South Forsyth Street in Atlanta, Georgia, from 1908 to...
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Friday, 8th May 1914: Hearing In Frank Case May Wait Several Days, The Atlanta Journal

By Historical Librarian / November 10, 2025
  The Atlanta Journal, Friday, 8th May 1914, PAGE 6, COLUMN 2. Motion to Set Aside Verdict May Not Be...
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Alonzo Mann Depositions to the Pinkerton Detective Agency, May 6, 7, 9, 1913

By Research Librarian Simon Pauling / November 7, 2025
Pinkerton Report: Leo Frank Case Source: Leo M. Frank Collection, M. S. 237, Box 1, Folder 1, American Jewish Archives,...
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Saturday, 2nd August, 1913: State’s Exhibit B From The Trial Of Leo Frank, The Atlanta Constitution

By Research Librarian Simon Pauling / November 1, 2025
Unsworn statement to Chief of Detectives Newport A. Lanford at the capitol station house in Atlanta Georgia, transcribed by Gay...
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State’s Exhibit B From The Trial Of Leo Frank

By Research Librarian Simon Pauling / November 1, 2025
Unsworn statement to Chief of Detectives Newport A. Lanford at the capitol station house in Atlanta Georgia, transcribed by Gay...
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Wednesday, 30th December 1914: Long Legal Battle In Leo Frank Case, The Atlanta Constitution

By Historical Librarian / October 24, 2025
The Atlanta Constitution,Wednesday, 30th December 1914,PAGE 3, COLUMN 4.Both Sides Prepare for Hard Fight Before the Supreme Court. MAY USE...
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Tuesday, 29th December 1914: Leo M. Frank’s New Fight For Life, The Atlanta Constitution

By Historical Librarian / October 24, 2025
The Atlanta Constitution,Tuesday, 29th December 1914,PAGE 1, COLUMN 1.May Last in Courts for Six Months Before a Final Decision Is...
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Monday, 28th December 1914: Leo Frank Decision Is Expected Today, The Atlanta Constitution

By Historical Librarian / October 24, 2025
The Atlanta Constitution,Monday, 28th December 1914,PAGE 5, COLUMN 1.Followers of the many phases of the Leo Frank Case are keenly...
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Sunday, 27th December 1914: Bond Witness Charges Attempt To Frame-up, The Atlanta Constitution

By Historical Librarian / October 24, 2025
The Atlanta Constitution,Sunday, 27th December 1914,PAGE 2, COLUMN 4.Isom Says Effort Has Been Made to Get Him to "Double-Cross" Solicitor....
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185 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLGentlemen, you would experience no difficulty in finding a suitable object for the exercise of your sympathy. I have done; may the Almighty so direct your minds that in the verdict you shall render, no cause shall be found for future regret.THE CHARGE TO THE JURYJudge Stone, the jury are instructed by the Court that if they find that the prisoner killed Mr. Gordon as charged, then their next duty will be to inquire and determine, first, whether such killing be murder, and if murder, whether in the first or second degree;
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186 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:154 X. AMERICAN STATE TRIALS.The proof of killing alone is not sufficient to establish the guilt of murder in the first degree. Some of the facts and circumstances from which the law deduces the inference of malice and premeditation include proof of previous threats, former grudges, lying in wait, and seeking an occasion to inflict personal injury. The statute mentions these as some of the more obvious and prominent indications of deliberate malice, but there are others equally effective, such as killing to accomplish some unlawful purpose, such as robbing the person killed; a
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182 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:150 &X. AMERICAN STATE TRIALS.Was it under an irresistible impulse that compelled him to search the pockets of the deceased, appropriate their contents, conceal the body, and take and carry away his horse, saddle, saddlebags, and watch? Was it under this same impulse that he changed his name, sold Gordon's horse to Gould, and fled to Dover?Why is it that we are left in the dark when the gentleman had the power to explain this extraordinary phenomenon of the human mind?It is now, gentlemen of the jury, two weeks since you were impaneled, and
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183 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 151It is a mistake to suppose that the culprit is the only one interested in the outcome; and upon mere conjectures or mistaken sympathy, to turn him loose upon society, encouraged to plunge still deeper into crime and iniquity. This disinclination to enforce obedience to the law is said to be the bane of republics, and no doubt contributed in a great degree to the downfall of the Roman Empire. Rome was once the mistress of the world, but no sooner did licentiousness and disorder gain the supremacy than she sank
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179 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 147I will comment upon this at considerable length and provide a variety of instances from which it appears that in nineteen out of twenty cases, the victim of the monomaniac is someone nearly related to them. The father destroys the son, the son the father, the mother her suckling babe, the brother the sister, and the sister the brother.The delusion is most apt to be connected with those who are in daily intercourse with them. The case of Greensmith, just referred to, is a striking example of this kind. Taylor cites
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180 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:148 X. AMERICAN STATE TRIALS.The defense was based on the ground of absent witnesses by whom the defendant expected to prove that he was insane.I shall not contend that all of these tests are infallible, for doubtless some of them do occasionally fail, but as a guide in an inquiry of this kind, they are invaluable. When it can be shown, as in the case here, that the prisoner's conduct does not square with any of them, it is certainly very safe to conclude that he is not a fit subject for this defense.The
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181 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLThe opinion of Lord Denman, as cited in 1 Archbold's Criminal Practice, sections 12, 10, and 11, is recognized as law by our Supreme Court in the case of State v. Hutting, 21 Mo. Rep. 464. The question of incapacity to distinguish between right and wrong, and to choose between good and evil, is a fact that must be affirmatively established by the defendant. It must be established so as to leave no doubt in the minds of the jury; for the mere possibility that the defendant might be insane is no
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177 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORBRELL. 145He does or says nothing without reason. Prolonged disease and extreme old age contribute largely to this species of insanity. Ray says, "The mind passes gradually from its sound and natural condition to the enfeeblement and total extinction of its reflective powers." When we see a person greatly advanced in life, who has lost his recollections of persons, things, dates, and events, and who in his tone, conversation, and habits plays the part of a second childhood, we say he labors under dementia.Idiocy is characterized by the want of mental power,
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178 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:146 X. AMERICAN STATE TRIALS.In cases of monomania, it is often observed that the individual acts without a clear motive, or if a motive is assigned, it is connected with their delusion.Numerous instances are given in which parents have murdered their children, despite being strongly attached to them. Nurses have destroyed children placed in their care, with whom a warm attachment had grown. Taylor relates the case of a man named Greensmith, who murdered four of his children. The motive assigned was that he was apprehensive they would be turned into the street. He
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175 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 143Mania is a form of insanity characterized by a general derangement of the mental faculties, accompanied by varying degrees of excitement, sometimes escalating to violent fury. It arises from a morbid affection of the brain and is distinguished from ordinary delirium, which typically results from bodily disease. In common parlance, a person suffering from mania is said to be mad; they lose all control over themselves and require close confinement to prevent them from inflicting injury upon themselves or others. In essence, they are entirely bereft of reason and therefore not
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176 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:144 X. AMERICAN STATE TRIALSThe case involved the murder of one Chisuall. It appeared in evidence that the prisoner labored under the notion that the inhabitants of the town of Hadleigh, of whom Chisuall was one, were continually issuing warrants against him with the intent to deprive him of his liberty and life. He would frequently, under the same notion, abuse persons whom he met in the street and with whom he had never had any dealings or acquaintance of any kind. In his waistcoat pocket, a paper was found, headed "List of Hadleigh
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173 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 141How admirably does the author's description of feigned epilepsy apply to the case of the prisoner at the bar. Has a single instance of personal injury been sustained in any of the attacks mentioned? Why is it that Dr. Bassett, who was physician to the jail five months after the defendant was confined there, and who saw him daily and attended him in a slight attack of intermittent fever, never discovered any symptoms of epilepsy? And yet, as soon as Dr. Bassett ceased to attend the jail, the prisoner had one
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174 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:142 X. AMERICAN STATE TRIALS.A medical expert who has treated epilepsy very frequently states that a long attack with short intervals will result in loss of memory and the power to reason, and the mind will gradually sink into imbecility and idiocy. He has known one instance in which the person had fits at intervals of one month, from early childhood to 25 years of age, without impairing the mind at all. He thinks it would require a duration of five years, with intervals of but a few days, to produce even imbecility.How absurd
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171 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 139He found him in the condition stated by the aunt; he was raving and tearing and kicking up his heels, and looked wild and made strange gestures. They succeeded in getting him into the house, and some time after midnight he became pacified and fell into a sound sleep. The next morning he appeared as usual. The doctor does not pretend to say that it was an attack of epilepsy, but saw nothing of intoxication, and did not suspect anything of the kind.A parent is apt to be blind to the
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172 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:140 2. AMERICAN STATE TRIALSDr. Worrell reported that his son had another attack in the same year at Winchester, Kentucky. The doctor was stationed there temporarily as a teacher. His son slept with some young men of the town, one of whom called and told the doctor that his son was in a very bad way. The doctor only saw him as the spasm was passing off.The next and last attack referred to by his father prior to the homicide occurred at the house of a Mrs. Elsay in Baltimore, where the defendant was
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169 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 137Gentlemen, I am through with the depositions, though it will be necessary to call your attention to some parts of them upon other branches of the subject.I wish now, gentlemen of the jury, to call your attention for a moment to that part of Major Wright's argument, in which he undertook to show that insanity was hereditary in the family of the prisoner. Upon an issue of this kind, it is held competent to introduce evidence to show the existence of the malady with the parents of the accused, or that
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170 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:138 X. AMERICAN STATE TRIALSThe next proposition submitted by the counsel was that the mind of the prisoner had been seriously impaired by epilepsy.Epilepsy is a disease that manifests in various degrees. In its mild form, it has never been known to produce any visible effect on the mind and typically responds well to medical treatment. However, in its more severe stages, it can result in imbecility, fatuity, and sometimes insanity, though never the specific type of insanity relied upon as a defense in this case. The symptoms of the aggravated form are so
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166 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:184 AMERICAN STATE TRIALS.In a society where profanity is not considered a crime, I should suppose such scenes were quite common. Any person discovering a quarrel at his door would be likely to resort to harsh means to quell the disturbance. Mr. Cavendish also refers to the sickness of the prisoner, deposed to by Clark as having occurred in December 1855. Witness saw him in bed and says he seemed to him evidently out of his mind; he was pulling hair out of his head and had been very unwell for two or three
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167 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 185A witness stated that he had frequently drunk with the prisoner in his room and had seen him in the saddle. What can be inferred from this, except the fact that his sickness and the delirium attending it grew out of excessive drinking? There is nothing in the evidence for the defense that furnishes us any other explanation of it.The deposition of George Urghart has been read. Although a physician occupying the same room with the defendant from February to July, 1855, he makes no allusion whatsoever to his mind but
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168 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:136 X, AMERICAN STATE TRIALS.James Dunn, in his deposition, has volunteered an opinion as to the insanity of the defendant. He met him in Baltimore in February last, in the office of Mr. Raisin, and conversed with him on the subject of Kansas and Nebraska affairs. The defendant, in the language of the witness, inflated himself with a considerable amount of gas and seemed much excited on the subject. If this is evidence of insanity, then the people of the United States have been unquestionably deranged ever since the passage of the Kansas-Nebraska bill.From
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164 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:132 X. AMERICAN STATE TRIALS.Sergeant Clark states that the duty of a sentinel is regulated by his orders, and that he will always permit one of his own regiment to pass, if satisfied of his honesty of purpose. Worrell well knew that he ran no risk in attempting to pass Messick.In following the line of argument pursued by the counsel, we are next brought to inquire if the depositions filed on behalf of the accused furnish any reliable material for this defense.There is no species of testimony so unsatisfactory as that of depositions, more
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165 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 183The defendant approached the Secretary of War for his discharge. The witness told him that he thought it would be a hopeless undertaking, whereupon the defendant said, "that there was no use talking, he wished to God he had never been born, and that if he could not get out of the army honorably, he would not desert, but he would get himself out for good."Mr. Moore gives it as his opinion that the prisoner was laboring under strong mental derangement, and predicates the opinion upon the simple statement of the
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162 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:130 X. AMERICAN STATE TRIALS.I am not acquainted with either Wentz or Couzins. Wentz, it is true, consulted with one or two lawyers in Dover, but there is nothing to show that they communicated the fact to Worrell, and we are not to presume that they were treacherous to their client.The learned counsel thinks that if the prisoner were sane, he would not have acknowledged to Wentz and Couzins that the watch and saddlebags had belonged to Gordon; nor would he have stated to Sturgeon and Taylor that the deceased did not suffer after
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163 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 181Evidence had been found that the deceased's dental work, made by a dentist in Boston, was in the furnace; both of which helped to identify the body and connect the prisoner with the murder. Dr. Webster was a man of learning, a professor in a medical college, and his knowledge of chemistry gave him the power to destroy every vestige of the body in a few hours, so that the corpus delicti could never have been established. Yet he neglected to do it. He also volunteered statements to the brother of
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159 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLOn the contrary, others considered him quite shrewd in a trade. Hutchinson saw nothing unusual in his conduct; he appeared perfectly rational and behaved as travelers usually do.Major Wright thinks that, upon the supposition that he killed Gordon, his conduct at the place of the homicide is wholly inexplicable. He believes a sane man would have concealed the body in the thicket. To my mind, however, it is perfectly consistent with reason and exhibits a degree of shrewdness and a knowledge of human nature that few men possess. It was necessary to
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160 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:128 X. AMERICAN STATE TRIALS.Louis; and while in Vincennes, he attended a ball. It occurs to me there is nothing remarkable in this. He knew that no suspicion of Gordon's fate would likely be entertained for some time to come, and moreover, if his conscience upbraided him for the act, he might obtain temporary relief by resorting to places of amusement. Dr. Webster, after the murder of Dr. Parkman, and while the city of Boston was in the highest state of excitement growing out of the supposed murder, attended a convivial party of ladies
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161 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 1899It would convert the whole of New England into a lunatic asylum. I observe sitting on my left my old and much-esteemed friend, Major Robertson, with whom you are all well acquainted. How long do you suppose the Major could travel on a steamboat or in the cars without having something to say to at least three-fifths of the passengers? I am not certain, but it would seriously disturb the equilibrium of the Major's mind if he were not permitted to indulge in this social trait. Men in this particular are
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157 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 125Where the office of the company is located, the prisoner might, and probably did, suppose that he had a large amount of money in his possession.I might also allude to the fact of his assuming different names, and his flight of a thousand miles from the scene of the murder, and other circumstances developed in the case; but the entire case furnishes so many evidences of express malice that I am not doing your intelligence justice in supposing that you can entertain the slightest doubt upon this point. The idea that
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158 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:126 X. AMERICAN STATE TRIALS.Is there any other principle than that of alienation of mind? I gave the gentleman's argument my closest attention, and far from satisfying my mind of the truth of his proposition, he led me to the conclusion that the prisoner was a man of more decided intellect than I had attributed to him. The first act to which I shall call your attention relates to what transpired on the day of his desertion.As the first orderly-sergeant, it was his duty, and his alone, to detail every day a man to
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155 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 123In the case of the State v. Bower, 5 Mo. 364, the defendant was convicted of murder in the first degree, with malice inferred from the character of the weapon and wound. The proof was in substance: On the night preceding the homicide, the prisoner and deceased stayed all night at the house of Mrs. Roussiere, two miles from the place where the murder occurred. They appeared friendly while there and left her house together the next morning on foot, still appearing friendly. The prisoner carried a large stick in his
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156 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:124 X. AMERICAN STATE TRIALS.If a killing is premeditated, it constitutes murder in the first degree. For example, if one person, without uttering a word, strikes another on the head with an axe, this would be deemed premeditated violence under our law. It will constitute the offense if circumstances of willfulness and deliberation are proven, even if they arose and were generated at the time of the transaction. If the party killing had time to think and did intend to kill, whether for a moment, an hour, or a day, it is a deliberate,
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153 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 121If a private person endeavors to suppress an affray or apprehend a felon, and another person, knowing his authority or the intention with which he interposes, kills him, the law will imply malice. Similarly, if one shoots at A and misses him but kills B, the law implies malice, even though it is evident that he had no malice against B and did not intend to do him any bodily harm. Likewise, if one gives a woman with child a medicine to procure abortion, and it operates so violently as to
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154 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:122 XY. AMERICAN STATE TRIALS.The Supreme Court of Missouri has stated the same principle in the cases of *State v. Dunn*, 18 Mo. 419, and *State v. Jennings*, 18 Mo. 435.Gentlemen of the jury, I will now call your attention to the several facts and circumstances that demonstrate the malice requisite to classify this case as murder in the first degree. First, consider the character of the wound. It is established in all legal texts that when a wound is inflicted with a deadly weapon or a weapon likely to produce death, and no
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150 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:118 X. AMERICAN STATE TRIALS.When persons confederate and engage in a common design, the act of one is the act of all. If a blow is given, the blow of one is the blow of all. This law has been recognized by our Supreme Court on several occasions, and recently in the case of *State v. Jennings*, reported in 18 Mo. 435.January 31.Mr. Bay: At the adjournment of the court last evening, gentlemen of the jury, I had closed my remarks with respect to the first proposition contended for by the counsel for the
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151 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 119In any arson, rape, robbery, burglary, or other felony, the first and second class express malice is essential and forms a necessary ingredient in the offense, while in the third class it is not supposed to exist. If A breaks into the store of B at night with no other intent than to appropriate to himself the goods of B, and B enters and discovers him in the act and attempts to do him bodily harm, and A, to protect himself, kills B, this is murder in the first degree because
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152 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:120 X. AMERICAN STATE TRIALS.In its legal sense, the term "malice" signifies an evil design in general, a wicked and corrupt motive, an intention to do evil. Blackstone, in his Commentaries, states, "That it is the dictate of a wicked, depraved, and malignant heart." Russell, in his "Treatise on Crimes" (vol. 2, p. 482), explains, "It is not to be understood merely in the sense of a principle of malevolence to particulars, but as meaning that the fact has been attended with such circumstances as are the ordinary symptoms of a wicked, depraved, and
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148 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:116 X, AMERICAN STATE TRIALS.It is not the case that jurors lie; however, witnesses may, and often do. The experience of mankind shows that jurors are often imposed upon by witnesses who testify under strong bias or prejudice, and by doing so give a coloring to the case which the facts do not warrant. This is particularly true when the testimony goes to the jury with an imperfect cross-examination. A juror cannot always know what is transpiring in the breast of a witness. A well-trained witness will sometimes testify as if he felt no
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149 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLMurders are almost invariably committed under circumstances of secrecy. The murderer abides his time and goes forth in the dark hours of the night to do his bloody work. Conscious that no eye is upon him but the Almighty's, he strikes the fatal blow, and under the cover of darkness makes his escape. If he cannot be made to suffer the penalty of the law except upon the testimony of an eyewitness, the sooner your penal code is abolished the better, for then man will look to himself alone for protection and
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146 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:114 X, AMERICAN STATE TRIALS.Mr. Morgan testified that on the 13th of January in St. Louis, he let Mr. Gordon have a chestnut sorrel horse to go up the line of the North Missouri railroad. The horse was fine-looking and had a knot under the jaw about where the curb would come. He also took with him a saddle and bridle belonging to Mr. Signer, which was in my possession. Prior to this, I had used the saddle, and on one occasion carried up on the pommel some iron hinges and tools which scratched
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147 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 115The defense has attempted to discredit this type of evidence by parading before you the case of the servant girl who was executed in England for the murder of her mistress, when the homicide was, in fact, committed by another. He has also quoted one or two other cases in which innocent persons charged with the commission of high crimes have been convicted upon circumstantial evidence. These cases are mentioned in the books as having occurred at an early period and are as familiar to the law student as the story
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143 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, IIIThey recognized me. The prisoner inquired about my family and the condition of the road. The body of Gordon was found two and one-half miles east of my house.I would here remark, gentlemen of the jury, that Gordon was never seen alive after he left Hutchinson's house.Mr. Pace, the witness to whose testimony I have already referred, says that about five miles east of the place where the body of Gordon was found, the prisoner and Bruff overtook and passed him. Gordon was not with them. Bruff was leading a horse
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144 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:112 X. AMERICAN STATE TRIALS.I would like to know if he suffered after he was shot. The prisoner replied, hanging his head, "He did not." Several days after this, I again saw the prisoner in jail; I told him that Mr. Gordon was a particular friend of mine and a co-laborer on the railroad, and I wanted to know if he suffered any after he was shot. He replied, "I can assure you, sir, he did not."Martin McMahon states that in January 1856, he was boarding at Christian Way's tavern in St. Charles. About
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145 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLEdward D. Worrell remained until the 6th, when he left by train for the East. Bruff left two days earlier. They brought three horses with them: two bays and a chestnut sorrel. The sorrel had a knot under its jaw. The prisoner sold the sorrel horse, along with a saddle and bridle, to my father. The saddle was a plain black one, with the pommel showing signs of wear. Mr. Morgan and Mr. Signer came to Vincennes from St. Louis and wanted to see the horse, saddle, and bridle, and we showed
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140 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:108 X. AMERICAN STATE TRIALS.The defense argues the following points:1. That Worrell cannot be convicted of murder in the first degree because he is not charged with committing a felony in the indictment.2. That there is no evidence of express malice, which is essential to constitute murder in the first degree.3. That even if Worrell committed the offense charged in the indictment, he was at the time laboring under mental alienation, or that condition of mind called homicidal monomania, complicated with epilepsy.I shall endeavor in my argument to follow the path the learned counsel
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141 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 109We were surprised to find that Gordon had not arrived. Several days elapsed, and we began to apprehend that something had happened to him. Walker learned from a Mr. McDonald, a railroad contractor, that Gordon had been seen on the 24th on the Boonslick road by a Mr. Ferguson, in company with two men, all on horseback. Walker started the next morning on the locomotive for St. Charles, having directed McDonald to go up on the Pacific road and return by way of the Boonslick road, and ascertain if possible where
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142 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:110 X. AMERICAN STATE TRIALS.A witness testified that he was about two miles east of Ferguson, in company with two other men, all riding horseback, one of whom was Braff. The witness was on his way to St. Louis with Mr. Hervey. This was around 2 o'clock in the afternoon. The witness remained overnight at Warrenton, got an early start the next morning, and as he passed Hutchinson's, he saw Worrell sitting on the steps. Worrell called out to the witness and said, "You have got an early start." The witness recognizes the prisoner
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138 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:106 X. AMERICAN STATE TRIALSIf the answer should be "alive," the intent was to crush its life out; if "dead," to open his palm and give the captive liberty. The difference in these cases is stark: the life of the bird hung upon the caprice of a mischievous youth, while that of the prisoner hangs upon the judgment of his peers, sitting to administer the humane and merciful spirit of our law. You will bear me witness that the defense has, in its entire scope, addressed your intelligence and reason only. It has never
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139 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLThe limits of the circuit, and some few beyond the limits of the state, have been considered in this case. To have imposed the preparation of the case upon the circuit attorney would necessarily have required him to traverse the whole country in search of testimony, at a heavy expense without any legal claim for reimbursement, and to the entire neglect of those duties which more legitimately belong to his office. But independently of all this, no injury is likely to result to the prisoner from the fact that General Coalter and
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135 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORBELLIn the case of Edward D. Worbell, the poor prisoner had no superior. What is insanity but the sudden and prolonged departure from the normal standard of character, without any known external cause?In 1853, Worrell entered the office of Attorney Morris, near Fort Leavenworth, to procure the aid of that gentleman in obtaining his honorable discharge from the army. He had a cause which, if presented, would have procured his discharge at once, but he concealed it; he never hinted at it; he pressed his case upon other and untenable grounds. If
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136 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:104 X. AMERICAN STATE TRIALS.The witnesses speak for themselves. There is a power in their presence and mode of testifying which drew from the circuit attorney the exclamation: "I believe every word they say!" But we can't educate away disease and misfortune. His epileptic disorder came upon him at seventeen, and his irresistible impulses evinced themselves earlier. But, neither singly, nor both together, have they been able to prevent the growth of high aspirations, kindness of nature, gentleness of disposition, integrity of soul, and honesty of purpose."Why did not," exclaims the circuit attorney, "why
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137 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 105It shocks the moral sense to assert it as a rule of judgment: "Murder must be committed by a sane person." The law has shifted the onus to presume sanity, but it is only a presumption—an arbitrary, artificial presumption—liable to be repelled by other presumptions. Whether balanced or completely overthrown by other presumptions, the affirmative rests on the State.There is said to be a presumption of law that one in possession of recently stolen property is the thief, but that presumption may be balanced or repelled by proof of good character,
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133 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 101.The conduct of the prisoner there is worthy of particular observation, and so do I; but we draw opposite conclusions from the same premises. As soon as the travelers enter the house of Hutchinson, Worrell pulls out his pistol, loads it in the presence of all, and lays it on the mantelpiece in full view, conversing the while with Gordon, who sits by his side. Is that the action of a sane man while meditating murder in the presence of his victim? Is it the conduct of one who responsibly conceives
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134 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:102 X. AMERICAN STATE TRIALS.You see him without a cause, and with a frantic look scattering a frightened multitude. You see him passing, after night, a sentinel whose duty compelled him to shoot. You see him the victim of insane impulses, which he has no power to resist. The prosecution is hard-pressed by these facts. Mr. Gale endeavors to explain the affair of the revolver by holding up Worrell as such a strict disciplinarian that, for mere loud talk in open day, he would kill soldiers and citizens! The argument is a suicide in
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130 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:98 X. AMERICAN STATE TRIALS.McKee was told, "Well, he did!" He went to both Dovers, but wherever he went, he wore the cap and military pants, Gordon's watch with the watch paper in it, Gordon's saddlebags, and the one boot with the identifying patch. He first visited his friends and relatives in Maryland. They had no suspicion of crime, but his strange actions and curious conduct proclaimed his mental disorder, as detailed in the depositions from Maryland. Eventually, he arrived in Dover, Delaware, where his parents resided. He stayed at a conspicuous hotel, visited
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131 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLWhen left to himself, you do not find Edward D. Worrell acting under an alias. He is always conspicuously Worrell, without any other name. However, little significance can be attached to this fact if it were otherwise. The moment you assign a motive, a rational motive, to the change of name, you demonstrate the insanity of his actions through a series of acts that are irreconcilable with that motive.Did he change his name to avoid detection? If so, then why wear seven rings on his fingers? Why wear Gordon's watch? Why keep
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132 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:4100 X. AMERICAN STATE TRIALS."The blood of Gordon on his soul," he could sit in a theater, finding an interest in its mimetic scenes. He is horrified that Gordon's specter had not the power to drive him from the ballroom. Let him look to the records of insanity found in these books, and the marvel will cease. These facts, which so startle him, are the very marks of that insanity which shows no appreciable lesion of the mental faculties, in which the victim of the disease "never says a foolish thing, but exhibits his
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128 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:96 X. AMERICAN STATE TRIALS.He has gotten him; promenades the town with the landlord; visits often the depot of the trains from St. Louis, and attends a ball held in that depot! He talks freely of Western affairs, showing an intimate acquaintance with the troubles of Kansas. He makes known his purpose to go East, changes his dress to the genteel costume of a gentleman at a party, and when it is over, resumes the apparel of the homicide. His extraordinary beard is still worn. The large fur gloves of Gordon he exchanges with
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129 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLEdward D. Worrell, with his remarkable beard, his remarkable military pants, his military cap, and the not-so-remarkable saddlebags of Gordon, keeps his company without change until he reaches Pittsburgh. There, McGee induces him to have his mustache taken off, and the change wrought is so great that he is not recognized by a gentleman who had traveled on the cars with him from Vincennes. "You have the advantage of me," said the gentleman, "I do not know you." "I am Worrell, do you not know me? This is the difference"—pointing to the
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126 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:94 X. AMERICAN STATE TRIALS.Worrell's manner of travel was no match for the cunning of an old and skillful detective, who could not be kept from the prisoner's track for long.The circuit attorney was embarrassed by the first step after the homicide. He initially thought the body was hidden in "a strange place," but upon mature reflection, he concluded that it was the best hiding spot. The reason he gave was that no sane man would ever think of looking for it in such a place! For this happy suggestion, he is perhaps indebted,
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127 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLEdward D. Worrell's identity was established by a combination of distinctive features, or "remarkables." These included a notable lump, wen, or knot under his chin that caught the attention of even the most careless observer. Other distinguishing marks were a remarkable star on his forehead, a peculiar snip on his nose, and a singular growth of gray hair at the root of his tail, all set against the uncommonly beautiful and perfect chestnut color of his skin.Riding such a horse, equipped with a fine saddle and holding the reins of a beautiful
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123 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 91It is difficult to understand the erring reason of a juror as he is passing from the known to the unknown. When you attempt to place yourself in the position of my supposed spectator of the scene, and from your seats here undertake to see the transaction by the eye of Teagon, with the utmost respect for each, I must say that the chances are a thousand to one that you will blunder at every step.On the supposition that Worrell is responsible for his acts, the circumstantial evidence certainly proves a
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124 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:92 X. AMERICAN STATE TRIALSThe central question we must consider is, "Was Worrell a responsible being at the time of the homicide?"I have already admitted the difficulty that confronts me at this point. Even if the prejudice invoked by the opening speech of the prosecution did not arise at the call, or if it did arise but has since perished from your minds under the force of a higher sense of justice, I am still met with difficulty in the investigation.The form of mania I have to address, though complicated, is not the vulgar
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125 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 93Do not heed the counsel that is at odds with the letter and spirit of our laws, as you value all that men should hold dear.In my opening statement, I mentioned that the apparent motive for the homicide, furnished by the appropriation of the deceased's property, could not be disregarded in determining the state of mind of the prisoner. Sane men act from motive, and as sane men do, unhappily, find in property a motive to crime, such motive is held to be presumptive evidence of sanity. However, it is not
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121 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 89Are you going to hang a man based on your best solution? That is precisely what was done by the jury who murdered the innocent girl; by Jacob; by every jury and every man that ever erred, fatally erred, on circumstantial evidence. It is this best, this plausible hypothesis that ever seduces and leads astray. I deny your power! The law is against it. The law will not act on the best, but the only hypothesis, if there be a "worst," "better," or "best," the law will not choose between them.
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122 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:90 XY. AMERICAN STATE TRIALS.In a case where the government itself fails in the end and object for which it alone was created, it is the "immedicable vulnus" of a State.You will remember, jurors, that the law does not require proof of these hypotheses. On the contrary, the law depends upon the principle that they must be excluded, excluded to a moral certainty by proof. They furnish a defense upon the bare suggestion of them, by showing that the evidence, the circumstantial evidence, of the State does not come up to the standard of
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118 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:86 X. AMERICAN STATE TRIALS.The fate of the unfortunate girl encapsulates the entire narrative. If we fail to learn from it, the lessons of broader experience would be futile. Had the advocate in her case assumed the actual truth of the events, would he have been listened to? Would his suggestion not have been dismissed with a sneer from the prosecution, or negated with the simple retort: "This is far-fetched"? Would the jury have abandoned the lie that seemed so plausible for the truth that appeared so improbable? The law instructed them to relinquish
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119 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 87Was it "without doubt rent in pieces"? The coat was Joseph's, but all that followed was an error made up of one false act and false reasoning from the known to the unknown. The blood was the blood of a kid, not that of his child; there was no evil beast; Joseph was not rent in pieces, but in full life, on his way to the court of Pharaoh and the house of Potiphar, to act an important part in Jewish and Egyptian history.The reasoning of the patriarch was quite up
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120 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:88 X. AMERICAN STATE TRIALS.Now, jurors, let us inquire if every possible hypothesis but the one sought to be proved is satisfactorily negated in this case. Gordon died from a single gunshot wound in the head; it was in the back part of the head. If the location of the wound excludes the hypothesis of suicide, the wound itself excludes the hypothesis of two actors. There was but one shot; that shot might have been accidental. There may have been no intention to kill by the person who shot at the time of the
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116 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:84 & AMERICAN STATE TRIALS.Gentlemen! Peer with the eyes of the mind through the infinitely possible combinations of circumstances, and group together facts in such a way as to save her. She is innocent! She has shed no blood! She was asleep when the deed was done! Her mistress died by the hands of others! I say others—and the innocent slumberer did not learn of the tragedy until hours after her mistress was in heaven or hell! Oh! Can you not see it? Reason out her innocence! Summon your imagination to the help of
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117 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 85It was hypothesized that she was guilty, but her guilt was not excluded. However, it never occurred to him to suggest to the jury that, as the house in which the woman was murdered stood upon an alley, on the opposite side of which was another house, also of two stories, it was possible that the murderer entered the opposite building, hoisted a window facing the alley, extended a plank to the sill of the window of the upper story of that in which the mistress was sleeping, walked across on
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113 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 81Can you answer this question: If you answer (as the prosecution has asserted by indictment and by speech) that one of the two, Braff or Worrell, killed him, the answer shows that the evidence is inconclusive; upon such an answer, you cannot convict either. You perceive that the evidence must go another step further to enable you to think of condemnation. What is that step? The evidence must satisfy you beyond all reasonable doubt that Gordon was killed by one of the two, and that the other knew before the killing
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114 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:82 X. AMERICAN STATE TRIALS.The critical issue at hand is not merely the presence of a hypothesis but whether every other hypothesis is excluded to a moral certainty. That is the question! That is the question! And the enlightened conscience of every juror must answer it as he would if the life of his own child depended on the answer.How are you to answer it, gentlemen? The "how" reveals the incurable defect, the inherent vice of circumstantial evidence. You are tasked with reasoning out an unknown transaction; you must discern by the mind's eye
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115 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 8&3It is our duty to search diligently, anxiously, and honestly. If you reason badly, it is fatal. If you do not imagine well, it is fatal; and yet, circumstantial evidence is lauded as the guide of safety in the most awful of human inquiries!Jurors, consider the mass of victims sent to the scaffold by circumstantial evidence. I have neither the time nor the strength—and I may add, the patience—to wade through the melancholy records. Let me present to you the case of a poor girl in England, slaughtered, judicially slaughtered, though
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111 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 79It is essential to be reasonable. Thus, this inference of the witness is made the starting point in the process of reasoning by the juror; and if wrong, in fact, secures error throughout the process of induction.A Dutch ambassador told the King of Siam that in his country, the water was so hard in cold weather that it would bear an elephant if he were there. The king replied, "Hitherto I have believed the strange things you have told me, because I looked upon you as a sober, fair man, but
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112 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:80 X. AMERICAN STATE TRIALS."Circumstantial evidence should to a moral certainty exclude every hypothesis but the one proposed to be proved." (1 Starkie 511, 512.) Lastly, "Circumstantial evidence ought in no case to be relied on, where direct and positive testimony is within the power of the prosecution." (1 Starkie 513.)Jurors, help me to try the circumstantial evidence in this case by the tests of the law thus laid down. You perceive without any labor of thought that evidence which satisfactorily and certainly proves that one of three persons, A, B, and C, did
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108 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:76 &X. AMERICAN STATE TRIALS.You will no longer have to wait. I cannot anticipate Major Wright's defense. He will be elaborate and entertaining; he will read many cases. If he satisfies you that the prisoner was insane at the time of the killing, acquit him. Otherwise, you must find him guilty of murder in the first degree.MR. WRIGHT, FOR THE DEFENSEMr. Wright: Gentlemen of the jury, you must pardon me if I notice for a moment the extravagant eulogies lavished on me by the gentlemen of the prosecution. This sorcery which they impute to
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109 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 17The prosecution is moved to the law only by the point of the bayonet, and it will not budge an inch further than the practical puncture of the instrument forces it. "Implied malice," says Mr. Gale, "only makes murder in the second degree; the State must prove something more than that the killing was unlawful, to make the crime murder in the first degree.""Something more" must be proved! What is it? What is that "something more," Mr. Gale? In all his speech, he refused to tell you! Up to this period,
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110 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:78 X, AMERICAN STATE TRIALS.This is not a fact guessed at by you, or inferred, implied, or presumed by the law in the absence of knowledge. Can it be found in the evidence you have heard? The evidence is purely circumstantial. The State has not been able to introduce any positive testimony; not the least. There is nothing to guide you but circumstances, and therefore I have something to say about the nature and quality of that kind of evidence, and what it must be to warrant conviction.That such evidence has been treacherous, all
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106 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:74 YY. AMERICAN STATE TRIALS.To establish murder in the first degree, the prosecution must prove deliberation and premeditation, which together form the legal definition of malice: the concurrence of these states of mind and intention. Upon hearing this, I assume your minds are prepared to analyze this case. If you find there was express malice, you must find the prisoner guilty of murder in the first degree. If express malice is not clearly proven to your satisfaction, you must find the defendant guilty of murder in the second degree. The defendant's counsel read to
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107 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORPELLThe defense has taken a wide range, to which we have interposed no objection, beginning as far back as 1831. We have, on the part of the State, come up step by step, day to day, month to month, to the fatal January of 1856. The defendant's counsel tried to excite your sensibility on account of the remarks of Mr. Coalter upon the amiable character of Mr. Gordon. Would not the defense have promptly shown it if Gordon had been a rash, impulsive, and violent man? Would it not have been a
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103 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL71I came back that night. I had no long or continuous conversation with Worrell while he was there. I don’t profess to be a good judge of insanity, but I know it when I see it plainly. I saw no effort on his part to conceal himself. It was very cold, and the persons in the house remained pretty much around the fire. Worrell did not stay in his room at any time except while sleeping. There was no fire in his room.S. H. GouldIn January 1856, I kept a tavern with
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104 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:American State TrialsMr. Gale, for the StateMr. Gale: Gentlemen of the jury, it becomes necessary for me, as the circuit attorney of this district, to address you in this important case. After the length of time you have been compelled to listen to the protracted details presented here, the calmness of your countenances shows me that you are prepared to do justice to the State on one side, and to the prisoner at the bar on the other. I implore you, gentlemen, to set aside all external influences and approach this as a new
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105 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLWe have all read lately of Huntington in New York, a wealthy nabob who had been practicing forgery for years. He set up insanity as his defense. Who is to judge this but the jury? Judge Coalter only stated to you what is true: that you are the judges of whether the defendant is insane or not. The defendant is charged with the murder of Basil H. Gordon. To this charge, a double defense is presented:1. The killing of Gordon by the defendant is denied.2. He is an irresponsible being and therefore
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100 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:68AMERICAN STATE TRIALS.Cross-examined: I have never seen epilepsy combined with the form of insanity known as irresistible impulse. There is a form of insanity known as homicidal mania, when a person, knowing right from wrong, has no power over the will. I have never known an epileptic to commit suicide. Epilepsy would not be more likely to produce a disturbance of intellect in later life if it began in early youth, unless the attacks were very frequent. It has, however, been known to be fatal in a few attacks. According to authorities on homicidal
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101 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL69A person afflicted in such a manner should not be continued in such an office. If the recruiting officer did his duty, a person so afflicted could not be enlisted.**Charles T. Clark.** I reside at Fort Leavenworth and am a quartermaster sergeant in the U.S. Army. I know the prisoner and knew him at Fort Leavenworth. He deserted on the evening of January 7, 1856. A sergeant named Bruff from Company I also deserted at the same time. Two horses were taken at the same time. I know the horse Worrell was
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102 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:70AMERICAN STATE TRIALS.I met with Worrell again in St. Louis and had a conversation with him. He recognized me and recalled the horse trade. I asked him if he did not think he should pay me my money back. He replied that he did not have my money, but he would make it right with me. I told him that by describing the horse, the man had proven to my satisfaction that he owned the horse. Worrell assured me that I would not lose anything by it; he would make arrangements for me to
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098 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALSThe mental symptoms were not changed materially after the paroxysm was over, in the cases which I have seen. Epilepsy is caused sometimes by mechanical violence, such as a stroke or blow on the head, and sometimes by grief, joy, fear, fright, or other emotions. All the passions, or most of them, may produce it. Some say that the brain of the subject will, on dissection, show traces of the disease, while many deny it. The disease is characterized by a disturbance of the mental faculties, which some say affects chiefly
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099 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL87It is easy. If I understand the duties of a first sergeant, he could not be an imbecile, as I have defined it, without it having been found out.Mr. Wright: Suppose it was uncertain whether the man who appropriated the property had anything to do with the deed, that he fled and acted as no sane man would act, would render himself conspicuous everywhere, proclaimed his name, wore the apparel which would identify him when he had the means of changing, would not flee when pursued, volunteered to tell the property to
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096 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALS.He woke up. As far as I saw, his condition was the same after the paroxysm at Portsmouth as at Baltimore. I saw him again in the same condition at Claysville, Ky. The day of that fit, he was more excitable than I had ever known him. The fit was at night. There was no object more than usual to excite him. Generally, a word from me, or my hand on his shoulder, will control him. That day, I went to him several times and asked him what was the matter.
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097 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 65I would pat my hands over his eyelids, and it seemed to compose him. He would continually talk, call over the roll of soldiers, and almost invariably call constantly on Lieut. Clark and ask if his horse was ready for him to go to Leavenworth City. Sometimes he was apparently cheerful. The alternations from cheerfulness to depression were not founded on any causes I could account for; they were generally sudden. From the latter part of September 1856, until we came up here, I have not witnessed less than 100 paroxysms.
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093 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 61I don’t recollect all the persons who were present at the time of his illness in the orderly room. A short time after the doctor gave him medicine, he became calm. I don’t know what he gave him, nor do I know what caused it. I can’t swear it was not produced by liquor. I am not a physician and can’t swear anything about it. At the time of the controversy between the soldiers and citizens, Worrell said something, but I don’t recollect what. He was a very resolute man. I
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094 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALS.Edward's normal condition was at Portsmouth, Ohio, at Eldon & Barra's store in the beginning of 1850. I don’t know if he had any fits at Cumberland. While there, he dashed out with only one or three dollars in his pocket to walk to California, determined never to stop until he got there. He broke away from us, and we knew nothing until a friend told us the next day. When he got to Pittsburgh, he wrote for money; received it; came back to Cumberland; then went to Portsmouth. One evening,
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095 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 63The symptoms were violent and more frequent in the forenoon. Sometimes they would begin with drowsiness. He became restless if things did not go right. He would then have a peculiar look in his eye, and then he would faint away. His pulse would flutter and then intermit. I sometimes thought he was going to die. All of a sudden, he would have a most violent spasm, and I thought he would break every bone in his body. His eyes afterwards would become fixed and glazed like the eyes of a
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091 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLWe arrived in Baltimore on Sunday evening. Worrell stopped at Mrs. Elzie’s on Second Street, between Gay and South streets, a private boarding house. He told me he had formerly boarded there. The next morning, I met him on Baltimore Street with a friend. I introduced the prisoner as Mr. Worrell and told him we were going to have a glass of ale, inviting him to join us, which he declined. The only liquor I saw him drink during the entire trip was a glass of ale in Pittsburgh. I next saw
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092 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALS60I am from Leavenworth and belong to the U.S. Army as a private. I knew Worrell from the time I met him at Columbus until he left Fort Leavenworth. He never drank to the point of intoxication. I don’t remember him being more quarrelsome than his duty required him to be. He was promoted as soon as he got to Fort Leavenworth. I went with him from Columbus to Fort Leavenworth in the summer of 1855. Since I first knew him until he left the army, I have known sudden changes
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088 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALS.There was no picture there. He was working his fingers without any apparent object, and soon commenced pulling the hair out of his head. His eyes were wandering, and he seemed to me evidently to be out of his right mind. He had only been sick for two or three days. On the only two occasions on which I saw him in this condition, I was a member of the same company. He often showed me his private correspondence; frequently showed me letters from his relatives and from a young lady,
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089 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL57I knew several individuals attached to his family who were crazy. I have known his father to be a very eccentric man. It has been commonly understood in the neighborhood that Mr. Worrell attempted to commit suicide. He was at times so changeable that he shifted his focus from the study of divinity under Bishop Kent of Indiana to medicine, and from one profession to another without any apparent reason. I have heard from common reports that his grandmother was eccentric on the subject of nicety. I have known several relatives of
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090 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:58X. AMERICAN STATE TRIALS.George Urghart: I had some personal acquaintance in 1855 with Worrell; I boarded in the same house with him and his father and mother. He occupied part of my dental office and was constantly there during office hours, and paid every attention to his business. His manners and conduct in his profession exhibited skill. I had full confidence in Worrell, who often acted as my agent in collecting money. Worrell was frank and polite. He was an attendant on religious services, and I have no knowledge of his ever resorting to
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086 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:54X, AMERICAN STATE TRIALS.The only fact in the case that bears any force against the defense of insanity is the appropriation of Gordon's property. I will not omit the topic of motive when I come to the argument of the case.THE WITNESSES FOR THE DEFENSE.**Hartford T. Clark:** I have known the defendant since September 1852, when he enlisted in the United States Army. I first saw him at Carlisle Barracks, Pennsylvania. He was then a member of B Company, First Dragoons. He left the army in New Mexico, discharged by order from the Secretary
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087 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:Edward D. WorrellI first met Edward D. Worrell in Boone County, Missouri, in the spring of 1855. He told me he was a private in Company B, Dragoons of the U.S. Army. He desired me to make an application to the Secretary of War for his discharge from the army. He appeared to be in trouble and expressed himself in very singular language, so much so that I thought he was laboring under strong mental derangement. I have seen him several times since. When not depressed in mind, he was a very sociable and
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083 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 51After the close of the evidence, I will refer you to many authors. At present, I read to you from Ray's Medical Jurisprudence of Insanity, section 381:"To determine exactly the mental condition of an epileptic at the moment of committing a criminal act is often a difficult task. It may have taken place in the absence of any observer, in a fit of fury that rapidly passed away, and which perhaps may not have followed any previous paroxysm; or the accused, though subject to the disease, may not have recently suffered
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084 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:52 X. AMERICAN STATE TRIALS.A few diligently conceal it, or if they avoid it, declare their murderous designs and form diverse schemes for putting them in execution, testifying no sentiment of remorse.The most of them, having gratified their propensity to kill, voluntarily confess the act and quietly give themselves up to the proper authorities. A very few only, and these to an intelligent observer, show the strongest indications of insanity, fly, and persist in denying the act.While the criminal act itself is in some instances the only indication of insanity, the individual appearing rational
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085 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 53The kind and gentle do not in a day grow hungry for blood. Such violent and sudden antagonisms are the surest evidence of mental disease. The law of evidence permitting proof of good character in criminal cases is founded upon this philosophy of man's nature, and it is a true philosophy. It is introduced as proof that the crime was not committed, not to excuse it. If piety, honesty, and gentleness may perish or turn to their opposites in a moment, if they cannot furnish any resistance to the influence of
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081 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 49You have been led to believe that no difficulty can attend the investigation of either subject, that your pathway in both will be as "easy as the road to a mill," and that you may therefore dismiss from your minds all anxiety, all perturbation, all solicitude, touching the rightful exercise of the power of life or death, now committed to your hands. I must say, as respectfully as I know how to utter the words, this is "bad advice." To yield to it is at once a crime in morals and
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082 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:50 X. AMERICAN STATE TRIALS.This aspect of it necessarily creates the difficulty of the investigation. How shall we distinguish between crime and insane impulse? May we not mistake one for the other? Is there not danger that a mistake may be of grave consequence, on the one hand to give impunity to guilt, on the other to put to death the innocent? Yes! There is difficulty, there is danger, a mistake is easy; we may confound two things as opposite as heaven and hell. Acting upon the error, you may bring a result which
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078 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:46 X. AMERICAN STATE TRIALS.Anyone who has made advancements in the field of science cannot help but be impressed by the great truth that "man is wonderfully and fearfully made."Insanity can be detected by a mere look! However, there is feigned insanity, which can be so convincing that it often baffles even the most enlightened investigators. There is also concealed insanity, which can be so crafty and subtle that it deceives even the most experienced keepers and physicians of lunatic asylums when deciding on a patient's discharge. In other words, the insane patient is
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079 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. © 47The joint report of all the physicians concluded that the prisoner was certainly insane at the time of the killing.The case provided an excellent opportunity for the "looking" test of insanity. The counsel looked, but could not see it; the jury looked each day upon the prisoner, but could not see it; the judge looked, but could not see it. If sight alone had governed, the prisoner would have been hanged. And now, jurors, what did save that man's life? There was a judge presiding in the case and watching
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080 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:48 X. AMERICAN STATE TRIALS,Gentlemen, the legal test of insanity laid down by the prosecution is not law. Our own Supreme Court has repudiated it in the case of Baldwin. Knowledge of right and wrong is possessed by both the sane and the insane. I grant that for several hundred years, it was the only test for the common law. The obstinate ignorance of the English Bench yielded to the genius of Erskine, what it denied to the experience of lunatic hospitals, and granted in Hadfield's case the existence of insane delusion, under cautious
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075 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 43In the middle of the nineteenth century, a rampant guilt devised fraud of the gallows and the penitentiary!A man may smile at this folly as the senseless cry greets him on the street, or he reads it in the expression of thoughtless type, hastily put up to sustain a nine days' wonder. However, he may not smile if he sees this stupidity come into court decently dressed, and taking its seat on the bench, at the bar, or in the jury box.Silly individuals sometimes lift the same hue and cry against
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076 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:44 X. AMERICAN STATE TRIALS.You are to judge by intuition, not by reason. You are to cut yourself off from the influence of all knowledge gained by others after long study and painful examination of the human mind in ruins, and trust to instinct. Your own unenlightened reason is not even to guide you. It is a question only of eyesight! As the afflicted were "to look on the golden image and live," so you are "to look and determine." This is simple and summary, and, one would suppose, final, too; for if error
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077 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 45If there is one subject within the circle of disease that more than another tasks and taxes the human mind, it is the subject of insanity. This is the opinion of every author who has written upon it, of every medical jurisprudent, of every keeper of lunatic asylums, and of every man who professes to have learned by study anything of the manifestations or phenomena of mental disorder, without exception. Yet my friend exclaims, "Does not every person know an insane man when he sees him?"I wish it were so! I
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073 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 41Appeal to hurtful prejudices. His work was but half done; it remains for him to shape the defense, and crush it in advance."I know," he exclaims, "there is not human power enough to deny the guilt of Worrell—it will not be denied; but the plea of insanity will be set up. Everything nowadays is insanity. Drunkenness is insanity; eccentricity is insanity; forgery is insanity. Huntingdon was insane. Insanity is the broad, common cloak spread to cover crime."Jurors, I am sorry to see a man of talents and high moral position, like
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074 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:42 & AMERICAN STATE TRIALS.Was it that, inoculated with the virus of prejudice against the plea, you should look hatefully upon the proof of it? Or were you to be so blinded by this cataract of denunciation as not to see the defense at all?If juries have let some men escape under the plea of insanity, are you therefore to hang a madman as compensation to baffled justice? Are you to forget your oaths and stifle your consciences because other juries have been careless of legal obligation? "Attend to your own business" is a
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070 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:38 X. AMERICAN STATE TRIALS.Indignation so deep and so universal was felt, and Providence supplied what indignation could not furnish.Thus, in limine, my friend would have your feelings prejudge the case. He would have you enlightened by the judgment—the foregone conclusion—of a "whole people," and awe you against any resistance to their decree. Into this sacred temple, whither Justice has retired, calmly, severely, and carefully to weigh, to deliberate, and to mature her even judgment, my friend madly rushes and flings the passions of a multitude into the scales.His classic memory alone ought to
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071 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 89The vindication and the eulogy are both wrong—both hurtful—both illegal—both disturbing elements which the law carefully shuts out from the consideration of court and jury. I have no word to utter against the deceased—none. The law puts his character out of the reach of an assailant here—out of the reach of eulogy also. His character is not in issue in this cause. If that character was good, the law will not permit you to hear it, lest the memory of his virtues might awaken undue indignation; if bad, the proof of
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072 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:40 X, AMERICAN STATE TRIALS.The speaker is reminiscent of Antony's oration over the dead body of Caesar, and he is fresh from the interview of Hamlet with the "buried majesty of Denmark." If his policy were like that of the artful Triumvir, who sought to inflame the rabble of Rome to avenge the death of his friend, or like that of the murdered father, who stirred a living son to vengeance, his words would be well matched to his purpose. But he is neither in Rome, moving a fickle populace to counter-revolution, nor in
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067 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 35The responsibility lies upon others. It is a concept defined in the following words: "Express malice is when one, with a sedate, deliberate mind and formed design, kills another; this formed design is evidenced by external circumstances discovering that inward intention, such as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him harm."Thus, jurors, you see what it is you have to find, and also what is the evidence of its existence. You have to find a fact—the condition or state of the mind at and before
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068 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:36 X. AMERICAN STATE TRIALS.In the presentation of facts, the circuit attorney frankly admitted to the court and jury that the offense would only be murder in the second degree. He relied upon the subsequent flight of Jackson (who did flee and was arrested some months later in Iowa), and a former grudge, as evidence to elevate the case to the grade of murder in the first degree. He put the case to the jury on the ground, frankly and properly conceded, that a killing, under unknown circumstances, was only murder in the second
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069 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 37The power to take life is the most awful power a government possesses, and because of its gravity, its exercise demands the utmost caution. A government may take life, but it should be fatal to the peace of any tribunal of government to do so by crossing the line that marks the distribution of power. If the boundary is doubtful—if we are not certain of the legal territory on which we stand—humanity, the spirit of the law, and justice itself demand that the path of safety is to err humanely. We
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064 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:382 X. AMERICAN STATE TRIALS,A firm of pork packers at Washington, where one member of the firm makes a contract with you, binds every member of the firm because each member has made every other member an agent to act for him. Thus, the act of any one member becomes the act of all, and all are therefore responsible. That is partnership. And so there may be partnership in crime. If two men agree to commit murder, one to do the deed, and the other to stand by and help if need be, or
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065 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 33The concept of "malice implied" in law is a legal fiction—a presumption made in the absence of knowledge. It is a leap in the dark, a guilty guess as to how and why a killing took place, without knowing either the how or the why. It is an arbitrary fiat substituted for proof, demanding proof to overthrow it. It is a conclusion forced on the conscience of a juror, which he must take for truth and act on as truth until the accused, by evidence, shall establish it to be a
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066 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:384 X. AMERICAN STATE TRIALS.We can't send him to the gallows upon it. It is a libel on our nature to presume without knowledge that every killing is with malice. Although man is capable of cold-blooded assassination, he naturally recoils from the deed; and for one murder done in cold blood, there are a hundred killings that result from misfortune, or great provocation, giving rise to sudden passion, or the instinct of self-preservation. If any presumption must be made by the law, the presumption should be more in harmony with reason and experience. But
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062 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:30 X. AMERICAN STATE TRIALS.In the hierarchy of offenses, and among murders recognized by common law, as well as by the codes of Pennsylvania, Tennessee, and New Jersey, some are classified as manslaughter, while others are deemed excusable or justifiable homicide. The remainder constitutes murder in the second degree.You will notice from the reading that one class of murders is designated as murders in the first degree because they are committed in the attempt to perpetrate a felony. However, the defendant is not charged with such a murder; and not being charged, he cannot
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063 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WOREKELL, 31There is no proof establishing that he knew of the design prior to the act and participated in it. If he is a responsible being, the evidence establishes the offense of larceny. The appropriation of the horse was subsequent to the death. If he counseled Bruff to flee after the deed, or aided him in his escape feloniously, he might be held responsible as an accessory after the fact—but he is not charged with that offense. To make him responsible for the murder, one of two things must be made manifest
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059 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLThe purpose of this text is to address the case made by the prosecution and to outline the grounds of the defense.The defense will be presented under two general headings:I. I shall first consider, on the supposition that Worrell is to be treated as a responsible being—a rational creature, having control over his actions—a man, amenable to his Maker and to government, whether the State has proven the charges against him as they are set forth in the indictment. In Missouri, we have two kinds of murder—one takes life, the other only
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060 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:28 X. AMERICAN STATE TRIALS.In my defense, I submit that the proof has not established the proposition.The indictment contains two counts. On its face, a want of knowledge of who killed Gordon is manifest. Without knowledge, it is framed to meet contingencies. In the first count, it is charged that Worrell killed him—killed him with a pistol—and that Bruff was by, aiding and abetting only. No sooner has the pleader drawn the charge than he reverses the accusation, and declares in a second count that it was not Worrell who killed Gordon—that he was
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061 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 29What may be considered murder in the second degree in other states may only be manslaughter, or justifiable or excusable homicide here. Amidst this confusion, one thing is certain: murder in the first degree—capital murder—cannot be made out of implied malice. Nothing but express malice, proven as a fact and found by the jury, can constitute capital murder in this state. I do not include in this proposition a class of murder in the first degree that is elevated to that degree by reason of being committed in the attempt to
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057 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 25We traced this description until we got to Pittsburgh, where we learned he had shaved. After this, the description was the same except for his beard.Captain J. E. D. CousinsI reside in St. Louis and am presently employed by insurance companies as an inspector of buildings. I have been in the police force for many years, serving as captain and in other offices. I saw the prisoner for the first time at Dover, Delaware, in a tavern there. Mr. Worrell came with me and one or two others to the railroad
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058 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALS.We did not want them to see it. He then said he was very glad. He afterwards told me he had been expecting it. He seemed to go willingly. He could not do otherwise very well—a man had hold of each arm. He made no refusal to come willingly, except as I said before, he refused to have the handcuffs put on in the room. When we got down to the hand car, I did put the handcuffs on him. I told him I never traveled in custody of a prisoner
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054 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALSWe purchased the horse, saddle, and bridle from Worrell after he sold him again. All three horses were sold in Vincennes. Worrell then left on the train for Terre Haute and Indianapolis. He sold two of the three horses, while Bruff sold one. I paid $65 for the horse, which was worth not much more at that time as it was quite jaded. If it had been in good order, it would have been worth $125, as horses were sold then. Worrell went by the name of H. C. Worrell and
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055 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL23**George A. Signer:** I know the horse and saddle which Mr. Gordon rode away last January. The horse was a chestnut sorrel. The saddle was mine. It was a black English tree saddle. I lent it to Gordon on January 12, 1856. Afterwards, I saw it at Vincennes, in the possession of Mr. Gould, sometime in February 1856.**Erasmus L. Wents:** I know Worrell. I saw him for the first time at Dover, in Delaware, in the street. The next day, I saw him again; he came in company with Capt. Couzins to
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056 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:24 X, AMERICAN STATE TRIALS.On about the 26th of February last, around 11 o'clock, Couzins arrived about 8 o'clock in the evening. I had no warrant for his arrest and was not present when he was arrested. We first found his name at Crestline, on the Cleveland & Columbus Railroad, on a register. I was in Vincennes two or three times. In pursuit, I stopped at Gould's, and Couzins was along. We found a name on a register at Gould's, which Mr. Gould told us was registered by him. I don’t think it was
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052 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALS.I was in the wagon with Mr. Pace when we saw two men. I did not see them again until we reached Hickory Grove, about two miles from Mrs. Stevenson’s. At that point, there were only two men. One of them, whom I had seen before, was leading a horse without a saddle. I saw them again at the creek below Mr. Kenner’s, where their horses were drinking. The two men I saw the day before were accompanied by three horses.During cross-examination, Mr. Pace and I confirmed that we occupied the
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053 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL,21Hartwell Richards testified that he had seen the prisoner near the corner of Broadway and Mullanphy Street in St. Louis. Richards kept a boarding house and recalled that on about January 25th, 1856, Worrell came to his house between 11 and 12 o'clock and stayed until Sunday, approximately one day. Another man named Bruff was with him. Richards identified the prisoner as Worrell and confirmed he had seen Bruff as well. At Richards' house, Bruff went by the name Charles Strong, and Worrell used the name John Ross. Richards asked them their
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049 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLI was going east, towards him, and could have seen the body, if he had not been covered, at about 40 yards before you came to him.**Cross-examined:** If there had been no snow, the brush would not have hidden him. There must have been one or one and a half feet of snow that fell between the time he left my house and the time he was found. I never saw Gordon before, as I recollect. When I told Worrell about Dr. Watkins, Gordon, I think, said he had seen him, but
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050 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALSI found him to be tolerably well, though he seemed low-spirited. I thought it best not to prolong the conversation, so I said to him, "Mr. Gordon was a co-laborer of mine on the railroad, and he was a near friend of mine; please state whether he suffered or not after he was shot?" His reply was in these very words: "I can assure you, sir, he did not suffer." I was not present at the finding of the body, but I arrived just afterwards, and before the coroner was called.
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051 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORKELLThe back part of the head is more fatal than the front. Suppose this wound did not touch the spine, which would produce death, but judging from the description, it severed a diverging nerve, which would also produce death.WILLIAM H. PACEI have seen the prisoner on the 24th of January last, at James Jones' place, on the Boonslick Road, ten miles west of Warrenton, in Montgomery County. Two other gentlemen were with him; I did not know them. The prisoner was one of them. They came in to pay their bill to
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046 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:14AMERICAN STATE TRIALS.At Grove Prairie, the nearest house west of it being Mrs. Stevenson’s, the feet of the corpse were lying nearly east, head west, and twirled over very much. I saw the body stripped and examined. There was a large cavity in his head, about as between my fingers. I did not examine the depth of the wound. The ball did not come through and through. The wound was evidently done by a leaden ball. The body was frozen and must have lain there eight or ten days, from appearances. It had not
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047 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLI saw a pony mare, a sorrel. "A man claimed the horse as stolen," (objected to and excluded by the court). I identify Bruff, who is now brought in.**Cross-examined:** I had never seen Worrell before that day. I saw him soon after his arrest in the St. Louis jail in a cell. Two cells were pointed out as containing them, but not discriminated. I have seen him about four times since I first saw him. I went to his cell about three times. I went to see him about the pony. The
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048 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:16XY. AMERICAN STATE TRIALS.I saw Worrell's face, two and a half or three miles off. Since then, I have seen Worrell in St. Louis jail. I recognized him, and he recognized me. This was the first time I saw him after he left my house. When I entered the jail, two friends went in with me. I walked behind them; they went in first. Worrell was then in the large hall, not in the cell. I saw the catch of his eye. Worrell at once stepped around, shook hands with me, and said, "How
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044 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALSWe had our daguerreotypes taken but left before the pictures were finished; and it was arranged that Gordon, on his return, should take one to Wentz's office at St. Charles, and Sheerbarth would take the other.We reached Huntsville, Randolph County, on the evening of Sunday, January 20. The next day, we left Huntsville. Mr. Gordon parted with us to go alone directly to St. Louis, while Mr. Sturgeon, myself, and Mr. Pratt continued on to Jefferson City. Mr. Sturgeon and I arrived in St. Louis on the evening of January 26.
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045 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WOERRELLCaptain Couzins handed me this watch (here shown). Captain C. is a well-known police officer of St. Louis. I know this watch was Gordon's. Under a piece of black silk, there is secreted an old-fashioned watch paper having on it the name of Gordon's father, his mother's maiden name, and the date 1802. Gordon joined me in 1854, at my invitation, on the Ohio and Mississippi Railroad of which I was chief engineer. Afterwards, I appointed him my principal assistant on the North Missouri Railroad. I had daily and hourly intercourse with
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042 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:10 X, AMERICAN STATE TRIALS.It is unnecessary to mention that each party is trying to convict the other. It would make no difference. Both are equally guilty. However, I know from depositions on file in this case that the main effort in the defense of this man will be to show that he is not responsible for his conduct due to insanity. After the evidence is presented to you, it will be a hopeless task to argue that the defendant did not commit the act charged against him. No human eloquence would suffice to
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043 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLEccentricity of conduct in any man's life can never be considered an excuse for willful crime. It never has been.But I deny that the prisoner is crazy. If at previous intervals he may have exhibited such symptoms, it has no application to this case. The hinge on which this question must turn is not as to—Counsel for the prisoner asks Mr. Coalter not to anticipate what defense is to be made, but simply to state the facts the State expects to prove.Mr. Coalter: I thought it fair—and in fact to the advantage
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039 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLThe jury members empaneled against him were: Joseph Woodruff (foreman), Thomas B. Renick, David M. Tyree, Burrell Roland, Reuben Bledsoe, Dorsey Waters, George Woodcock, Moses V. Kean, Jeremiah Pierce, William T. O. Dickinson, and Jeremiah H. Williams.MR. COALTER'S OPENING SPEECHMr. Coalter: Gentlemen of the jury, at the request of Mr. Gale, the prosecuting attorney of this circuit, I rise to address you with a few remarks. I do so at his request because of my earlier knowledge of this case, which involves a transaction in another county and has been brought here
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040 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:8 XY. AMERICAN STATE TRIALS.At the time the act took place, and also prior to it, the murderer intended to commit the deed.I desire in this opening to be very brief, and therefore shall not dwell further upon mere definitions of law. This indictment contains two counts. The first charges the prisoner, Worrell, with being the principal who committed the act, and that Bruff was aiding and abetting therein. The second count charges Bruff as principal, and Worrell as accessory. It makes no difference which did it, if both aided and were present. In
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041 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLGentlemen, a bullet passed through the brain of the victim. The nature of that wound was such that he must have been summoned in an instant to eternity, without a moment's preparation. Every man, no matter how exalted, how pure, or how good, must have time, however short, to meet his God. We all must make our peace with Him. Mr. Gordon must have died in half a second. When the body was found, all inquiry as to his fate, of course, ended. Two men had been last seen in his company.
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036 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:4 XZ, AMERICAN STATE TRIALS.On May 6, the defendants appealed to the court for a change of venue on the grounds that "the inhabitants of this entire judicial circuit are so prejudiced against these defendants that a fair trial cannot be had in the same." This application was granted, and the indictments were transferred to the Franklin Circuit Court. The prisoners were delivered to the sheriff of Franklin County, and at the September term of the Franklin Circuit Court, the case was continued to a special term of the court to be held in
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037 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLJanuary 19Today, the special term of the court opened for the trial of Edward D. Worrell, following a severance of the prisoners who had been jointly indicted. The prisoner was brought into court, attended by his father and mother. When called upon and the indictment read to him, he pleaded not guilty.D. Q. Gale, Circuit Attorney; John D. Coalter and W. V. N. Bay, for the State.Uriel Wright, for the Prisoner.The indictment alleges that Edward D. Worrell, along with William H. Bruff, feloniously, willfully, deliberately, and premeditatedly, and with malice aforethought, did
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038 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:6 X. AMERICAN STATE TRIALS.January 20.Mr. Coalter asked for a continuance, which was refused. The following jurors were then selected, after Judge Stone had ruled that the opinion formed from rumor, in order to disqualify a juror, must be of such a fixed character as to enlist the feelings of the juror either for or against the prisoner and create, in the language of the statute, a bias or prejudice.---**Coalter, John D. (1818-1864).** Born in South Carolina, he came with his parents to Missouri when they settled in St. Charles County. He was sent
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034 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:2 X, AMERICAN STATE TRIALS.Upon arriving at the location, they discovered blood all over the mow, which continued to a ravine about fifteen feet from the road. There, they found Gordon's body, covered with brush and snow, with a hole through the head as if made by a large pistol ball. His pockets were turned inside out, and his watch and all his money were gone.Worrell had been seen in St. Charles leading a horse that resembled Gordon's. From there, he went to St. Louis, remaining there for three days and going to the
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035 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLTHE TRIALIn the Circuit Court of Franklin County, Union, Missouri, January 1857.Hon. John H. Stone, Judge.Edward D. Worrell had, at the May Term of 1856 in the Circuit Court of Warren County, been indicted jointly with William H. Bruff for the murder of Basil H. Gordon.**Bibliography:** "The Law of Circumstantial Evidence and of Insanity. A Report in Full of the Trial of Edward D. Worrell, Indicted for the Murder of Basil H. Gordon, Held at the Court House in Union, Franklin County, Missouri, January 19, 1857. Reported by John Delafield, Esq. St.
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031 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:TABLE OF TRIALSThe Trial of EDWARD D. WORRELL for the Murder of BASIL H. GORDON, Union, Missouri, 1857Pages 1-162The Trial of JOHN HODGES for Treason, Baltimore, Maryland, 1815Pages 163-181The Trial of LEO M. FRANK for the Murder of MARY PHAGAN, Atlanta, Georgia, 1913Pages 182-414The Trial of WILLIAM WEEMS and Seven other British Soldiers for the Murder of CRISPUS ATTUCKS, SAMUEL GRAY, SAMUEL MAVERICK, JAMES CALDWELL, and PATRICK CARR, Boston, Massachusetts, 1770Pages 415-508The Trial of CAPTAIN THOMAS PRESTON for the Murder of CRISPUS ATTUCKS and others, Boston, Massachusetts, 1770Pages 509-610The Trial of EDWARD MANWARING, JOHN
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032 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:TABLE OF TRIALSPAGEThe Trial of Mrs. Herman H. Hirsch for Blackmail, Atlanta, Georgia, 1918666-688The Trial of Pedro Gibert, Bernardo De Soto, Francisco Ruiz, Nicola Costa, Antonio Ferrer, Manuel Boyga, Domingo De Guzman, Juan Antonio Portana, Manuel Castillo, Angel Garcia, Jose Velazquez, and Juan Montenegro for Piracy, Boston, Massachusetts, 1834699-773The Trial of Thomas Cooper for Seditious Libel, Philadelphia, Pennsylvania, 1800781-782The Trial of James Thomas Callender for Seditious Libel, Richmond, Virginia, 1800813-876Independence877-882---
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033 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:THE TRIAL OF EDWARD D. WORRELL FOR THE MURDER OF BASIL H. GORDON, UNION, MISSOURI, 1857THE NARRATIVEEdward D. Worrell was the only child of Dr. Edward Worrell of Dover, Delaware, a college president. He was well-educated and, after practicing dentistry for a while, enlisted in the army. In 1855, he was stationed at Fort Leavenworth as a sergeant. He deserted in company with William H. Braff of Macon, Georgia, in the early part of January 1856, and started east on horseback. While traveling through Warren County, Missouri, they fell in with Basil H. Gordon,
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029 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENxxvThe case continued until nearly ten o'clock, when the attendees slowly moved towards the scene of action, and a few minutes later filled the courtroom to overflowing.At a table beside the judicial desk sat William Marshall, clerk of the court and brother of the future Chief Justice, and near him stood Mr. Nelson, the District Attorney, with David Robertson, the shorthand reporter, whose notes were to prove an invaluable exhibit in the subsequent impeachment of the judge. The attention of the audience, however, was mainly directed to the prisoner, his bondsman,
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030 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENxxviMost of those who returned his scrutiny were complete strangers to him, for until the present term of the court, he had never set foot in Richmond. Doubtless, many of the spectators were prepared to find him a fiend in human shape. But though his expression was somewhat forbidding, his large, strong, clean-shaven face was not uncomely, and his giant frame suggested strength rather than brutality. Nevertheless, his small, snappy, shifty eyes had a dangerous glint, and there were ominous lines about the corners of his mouth, betraying possibilities of an
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026 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:Preface to Volume TenThere is a striking picture of the personages—lawyers and judges—who clashed so strongly in the celebrated trial of James Thompson Callender (p. 813).It was a picturesque gathering of Virginians that awaited the opening of the United States Circuit Court on that summer morning. The ugly fashions of the French Revolution had not yet found much favor in the Old Dominion, and kneebreeches, low shoes, buckles, buttons, and queues tied with ribbons were still in vogue. Yet, it was not their dress but their faces and bearing that particularly distinguished these gentlemen
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027 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENxxiiiDespite the significance of the issues at stake, it was not these momentous matters that primarily attracted the attention of the legal profession. Instead, it was the personality of the judge who was set to preside over the case that drew the majority's interest. His Honor was likely the most violent, the most feared, and the most despised partisan ever to sit on the Federal bench.The following account pertains to Judge Samuel Chase:Samuel Chase's reputation was not solely built on his judicial role. In the turbulent times leading up to the
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028 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:xxiv PREFACE TO VOLUME TENWith considerable education and experience, and ability as a lawyer, he had the majority of the attorneys who practiced before him at a distinct disadvantage. Those whom he could not unhorse with legal learning, he cowed and silenced with jocular or brutal tyranny, as best suited his humor. Perhaps his gravest offense was political activity, with which he never allowed his judicial duties to interfere. He had not been long upon the circuit before angry outcries were raised against his aggressive Federal partisanship. Opposition of this character, however, merely excited
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024 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENTo be sublimely ignorant of what the great dramatist has written about the comparative value of one's purse and good name is to treat a blackmailer as a person to be dealt with most tenderly—witness the mild sentences given to Cook and Mrs. Hirsch. Our national legislature has made it even easier for this class of blackmailers by enacting a law, which, as construed by our highest Court, allows a notorious prostitute who induces a boy of 17 to pay her fare on a steamboat, railroad, or streetcar to pose in
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025 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TEN XXLJust as the principles of private law are to be found in the customs of their people, in the writings of their jurists, and in the decisions of their courts, so the unwritten international law is to be found in the customs of nations, in the works of international writers from Grotius down, and in the decisions of civil, criminal, and prize courts. And just as these principles have in the case of private law been written in statutes, so in the case of international law have they been embodied
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021 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENxviiThe Leisler rebellion in New York (Jacob Leisler, p. 512) was the outgrowth of the anti-Catholic wave that swept over England and her colonies during the reign of James II. Leisler’s imagination greatly magnified the danger of a general religious war. He was no traitor to William of Orange; his effort was to hold the government for the Protestant cause. However, he possessed none of the qualities of a leader—a simple New York merchant, his education did not fit him for the trying emergencies in which he was placed. He was
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022 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENThere is no reason to doubt the general accuracy of the report, although some of the statements in it should be received with much allowance. The trial, as reported, gives evidence of great learning, research, and skill on the part of the prisoner's counsel, but some of the discussions which relate to mere questions of abstract law are here omitted.Judge Gerard, American Ambassador at Berlin from 1913 to 1917, is quoted as saying that it will be hard to find a punishment to fit the case of the Kaiser and his
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023 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENxixThe learned gentleman who had previously argued that a whale could under no circumstances be classified as a fish was equally unsuccessful in his view that a negro might be the father of a white child.In sentencing Robert McConaghy to death (p. 601), the judge remarked that for barbarity, treachery, and depravity, McConaghy's cruelty and wickedness were unmatched by the pirates of the West Indies or the savages of the wilderness. On a summer day on a small farm in Pennsylvania, McConaghy murdered the entire Brown family, except for the husband
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019 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENxvThe soldiers were regarded with such abhorrence that they were only saved from summary punishment by the judicious efforts of the friends of law and order. The soldiers had a fair trial, the result of which has stood the test of time and the examination of impartial history.The result of the trial gained for the friends of freedom the respect of the world. No single occurrence did more to advance the cause of truth and just principles than what was denominated in the language of that day the Boston Massacre. It
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020 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:xvi PREFACE TO VOLUME TENIn the foremost rank of the patriots of that day, some of their number covered their names with imperishable fame.That curious ancient privilege, viz.: benefit of clergy, of which the two soldiers (Kilroy and Montgomery) convicted of manslaughter had the advantage (p. 508), originated in a pious regard for the church. By this, the clergy of Catholic countries were either partially or wholly exempted from the jurisdiction of the ordinary legal tribunals. It extended in England only to the case of felony; and though it was intended to apply simply
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016 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:xii PREFACE TO VOLUME TENThe governor, however, did not set Frank free. He sentenced him to imprisonment for life. But if Frank murdered Mary Phagan, was there one extenuating reason why he should escape the gallows? The evidence shows none; his friends, his counsel, and he himself never suggested one. If, as may be the case, the Governor's intention was to keep him in prison until the public excitement had gone down and he could be safely released, then the state of Georgia was pledged to protect him against the mob. And when it
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017 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:### PREFACE TO VOLUME TENxiiiAs might be expected, this tragedy stirred the whole people of Massachusetts, and above all, the inhabitants of Boston, to the highest pitch of rage and indignation. The populace breathed only vengeance. Even minds better instructed and of higher principles than the multitude, in the excitement of the moment, could not endure the doctrine that it was possible for an armed soldiery to fire upon and kill unarmed citizens and commit a crime less than murder. Political animosity and natural antipathy to troops stationed in the metropolis sharpened this vindictive
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018 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:xiv PREFACE TO VOLUME TENIn the town, doubly anxious for the cause of humanity, the citizens felt an earnest desire that justice should not fall victim in her own temple. Among these, John Adams and Josiah Quincy, Jr., deserve the most honorable mention. They sympathized deeply with the masses of their fellow citizens in their hatred of the instruments of their oppressors and in their detestation of the principles these oppressors had been sent to maintain. No men had more openly or pathetically appealed to their fellow citizens or had more studiously excited their
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014 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENJust think of this, O! shades of Bentham and Brougham, who more than half a century ago helped to wipe out these absurdities from the old English Procedure. This procedure, the work of churchmen in the middle ages, had lived into the nineteenth century. Is there any other part of the civilized or uncivilized world where such things as Courts of Justice are known, that such a condition of things exists, outside of some of the American states? A man's life or liberty, the question of his guilt or innocence, depend
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015 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENxiWhen will our appellate judges recognize that their duty is to do justice, not simply to see that the judicial machine is run according to rules? When will our tribunals arrive at that very different point of view of the English and Continental Courts? Not so long as in American courts, Procedure is King; for while the claims of this tyrant are respected, it matters not what may become of Justice.Frank now made his last appeal to the Governor of the state, in whom is vested the ancient prerogative of the
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011 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:### PREFACE TO VOLUME TENviiOutside meddling only served to increase their determination that Frank should suffer death.Here, justice received its first wound. Every civilized nation has determined that the guilt or innocence of one accused of a crime, and the punishment to be meted out to the criminal, shall be decided by regular Courts of Justice. These courts are presided over by trained jurists, assisted in most cases by twelve laymen—called a jury. This system is the best that civilization has been able to evolve so far. These tribunals may sometimes err, whereby innocent
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012 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:viii PREFACE TO VOLUME TENCrime had been committed, and the public was anxious to punish the criminal. Twelve men were chosen to try the issue of Frank's guilt. They were ordinary men—shopkeepers and clerks—without any special education to fit them to follow logically the arguments for and against, and with no training at all in weighing evidence. After listening to the witnesses and the speeches of counsel for many days, and aware every moment, from the conduct of the audience in the courtroom, that local opinion was practically unanimous against Frank, the jury found
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013 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENixThe question arose as to whether the judicial machinery had been run properly, whether any inadmissible evidence had been admitted, and whether the jury had heard the cheers given to the prosecuting attorney by the crowd in the streets, among other concerns. Finally, when the prisoner's lawyers were able to bring the case before the most august tribunal in the world—the Supreme Court of the United States—that great Court entirely forgot the vital question of the prisoner's guilt. Instead, the energy of its nine justices was expended on the question of
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009 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:### PREFACE TO VOLUME TENThe trial of Edward D. Worrell, detailed on page 1, is notable for its striking and interesting features. However, it is the compelling speeches to the jury by Wright and Bay that justify dedicating over 150 pages of this volume to the case. This raises the question: why are speeches to the jury in significant criminal trials no longer given space in the columns of our daily newspapers or preserved for the public in some permanent form immediately after delivery?In the past, when luminaries such as Rufus Choate or Daniel
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010 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENHas the art of public speaking in the courtroom, which so captivated the public a generation ago, been lost? It might be worthwhile for a student in our newly-founded schools of journalism to investigate this question and provide an explanation for why courtroom oratory is now largely overlooked by the press in the United States.When John Hodges (p. 163) was indicted for treason in 1815, he discovered that the presiding judge, Mr. Justice Duvall of the Supreme Court of the United States, considered the phrase "giving aid and comfort to the
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005 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:AMERICAN STATE TRIALSA Collection of the Important and Interesting Criminal Trials which have taken place in the United States, from the beginning of our Government to the Present Day.WITH NOTES AND ANNOTATIONSJOHN D. LAWSON, LL.D.*Editor*VOLUME XST. LOUIS*F. H. THOMAS LAW BOOK CO.**1918*---
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1031 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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.
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1030 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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,
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1029 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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.
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1028 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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.,
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1027 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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,
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1026 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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,
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1025 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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1024 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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,
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1022 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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1021 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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,
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1020 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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1019 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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,
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1018 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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.
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1017 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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1016 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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1015 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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1014 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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,
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1013 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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1012 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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,
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1011 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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1010 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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,
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1009 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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1008 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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,
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1007 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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1006 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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1005 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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1004 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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1003 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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,
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1002 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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1001 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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.
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1000 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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0999 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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,
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0998 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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0997 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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0996 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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0995 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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,
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0994 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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);
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0992 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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0991 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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0990 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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0989 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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,
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0988 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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,
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0987 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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0986 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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0985 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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0984 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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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
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0816 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: ( I N D E X .)Bill of Indictment, Page 1.Verdict, Page 3.Extraordinary Motion for New Trial, Page 3.1st Amended Motion, Page 43.2nd " ", Page 45.3rd " ", Page 45.Order of May 9th, 1914, Page 51.Order Striking 2nd Amended Motion, Page 58.4th Amended Motion, Page 53.Order of May 9th, 1914, Page 61.5th Amended Motion, Page 82.Order of May 9th, 1914, Page 75.6th Amended Motion, Page 76.Order of May 9th, 1914, Page 79.Response to Extraordinary Motion New Trial, Page 80.States Response to Amendments 1,2,3, & 4, Page 114.Reply to 5th Amendment to Extraordinary Motion,
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0815 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: ( I N D E X )Bill of Indictment, Page 1.Verdict, Page 3.Extraordinary Motion for New Trial, Page 43.1st Amended Motion, Page 43.3rd Amended Motion, Page 45.Order of May 9th, 1914, Page 51.Order Striking 2nd Amended Motion, Page 58.4th Amended Motion, Page 53.Order of May 9th, 1914, Page 61.5th Amended Motion, Page 63.Order of May 9th, 1914, Page 75.6th Amended Motion, Page 76.Order of May 9th, 1914, Page 79.Response to Extraordinary Motion New Trial, Page 80.States Response to Amendments 1,2,3, & 4, Page 114.Reply to 6th Amendment to Extraordinary Motion, Page 131.Order Overruling Extraordinary
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0339 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: INDEX #3 continued.Witnesses:D O. RD R#Kelley, H., Page 366 366.Kitchens, Miss Mamie, Page 344 344.Matthews, W. H., Page 357 357.Maynard, C. J., Pages 359-360 360.Merr, W. E., Page 346 346.McCann, O. B., Page 344 344.McKnight, Albert, Page 359 359.Mowling, J. C., Pages 362-364 364.Miles, Dr. G. M., Page 364 364.Owens, W. B., Page 366 366.Patrick, W. C., Page 344 344.Patrick, Miss Nellie, Page 344 344.Pickett, E. H., Pages 351-352 352.Read, D. D., Page 360 360.Robinson, Miss Ruth, Page 344 344.Rogers, W., Page 356 356.Rose, Harry, Page 343 343.Smith, E., Pages 368-369 369.Smith, Miss Carrie,
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0335 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Witnesses:Rener, Wm., Page 268.Barnes, Miss Sarah, Page 259.Boehm, Julian V., Page 262.Blair, Miss Mallie, Page 262.Campbell, Wade, Pages 169, 169, 169, 169.Cowan, Miss Cora, Page 262.Carson, Mrs. R. M., Pages 168, 168.Carson, Miss Rebecca, Page 262.Childs, Dr. Leroy W., Pages 251, 253.Cooper, V., Page 211.Cullen, Nathan, Page 265.Carson, Miss Rebecca (recalled), Pages 167, 168.Chambers, Phillip, Page 208.Craig, Robert, Page 211.Craig, Ed M., Page 211.Gaston, L., Page 262.Garson, Miss Irene, Page 262.Opal, Nathan (recalled), Page 211.Orr, Samuel, Page 211.Dittler, Alex, Page 262.Denham, Mrs. Georgia, Pages 262, 175.Denham, Harry, Page 174.Derley, N. V., Page 262.Dittler, Emil,
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0083 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: 10852Frank & State(INDEX.)Bill of Indictment, Page 1.Plea, Page 3.Verdict, Page 3.Sentence, Page 4.Motion for New Trial, Page 5.Amended Motion for New Trial, Page 7.Certificate of Court, Page 237.Order Overruling Motion for New Trial, Page 238.Charge of the Court, Page 239.Approval of the Court, Page 244.Brief of the Evidence, Page 245.
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0011 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: 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. B. Lovenhart, Mrs. J.O.Lovenhart, Miss Marian Lovenhart, S. Aron, Max Parkes, R.L.Greene, John W. Holmes, Shi Grey, B. M. Johnson, J.J.Cummings, W.L.Ricker, J.A.Lehman and G.P. Stough.Affiant did not know either of said Jurors had ever seen or heard of them before; t m he did not know until after the trial and did not have any means of knowing until after said
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0006 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: State of Georgia, Fulton County.Be it remembered that at the July Term, 1913, of FultonSuperior Court,--His Honor, L. S. Roan, one of the Judges of theSuperior Court of the State of Georgia presiding--there came on tobe tried the case of the State of Georgia vs. Leo M. Frank,same being an indictment for murder. On the trial of said casethe jury found the defendant guilty without any recommendationfor imprisonment and the court imposed the death sentence upon thedefendant.At the same term at which said verdict was rendered,and in due and legal time, defendant
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The Murder of Little Mary Phagan (2025 Edition) by Mary Phagan Kean

Important Book Launch: The Murder of Little Mary Phagan (2025 Edition) by Mary Phagan Kean Help preserve this important history by getting your copy of the book at In September 2025, an important milestone has been reached with the release of Mary Phagan Kean’s newly revised and expanded edition of The Murder of Little Mary Phagan. The launch takes place during the 112th anniversary of Leo Frank’s conviction on August 25, 1913, and carries forward a long effort to preserve truth and historical accuracy surrounding one of the most talked about trials in American history. Mary Phagan Kean is the
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0021 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Charles J. Moore makes the following affidavit, deposing andsaying as follows: that he is an attorney at law,occupying room 501 onthe 3rd floor of the Kiser Building at the corner of Hunter and Pryor Streets;that on Friday,August.20th,deponent was in his officeand saw the jury come out of the court house entrance at about 6 P.M.that soon after Mr.Dorsey appeared in the court house entrance and agreat cheering and yelling occurred by the crowd immediately oppositethe entrance,and afterwards the crowd yelled "Hurrah for Dorsey",andthe volume of the yells were so great that they could have
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Monday, 28th July 1913 Trial to Surpass in Interest Any in Fulton County History

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  Atlanta Georgian, July 28th, 1913 Page 2, Columns 1 and 2 No murder trial in Fulton County ever has approached the spectacular interest which is in prospect in the Frank case from the first, sharp skirmish between the opposing attorneys, through the long, bitter legal battle, and to the final pleas of the prosecution and the defense. The presence of Luther Z. Rosser and Reuben R. Arnold in the brilliant array of legal talent at once made certain that the trial would be out of the ordinary. Neither has the reputation of making a half-hearted fight when there is
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Monday, 28th July 1913 Phagan Case of Peculiar And Enthralling Interest

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    Atlanta Georgian, July 28th, 1913, Page 2, Columns 3 And 4 Bottom As Leo Frank faces to-day the ordeal decreed by law that for man's life, man's life shall pay, interest in his case that has held Atlanta, Georgia and the South enthralled for three months has diminished not a whit since the Sunday morning the body of the little factory girl was found. Wise judges of news, men who are paid thousands of dollars each year for their knowledge of the fickleness of the public, men who can time to the second the period when interest dies
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0300 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: EXHIBIT HH.Georgia, Fulton County.State of Georgia, In the Superior Court of Fulton County,Vs. Georgia.Leo M. Frank,Before me, an officer authorized under the law 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. F. UpshawC. E.
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0299 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: EXHIBIT GG.Georgia, Hancock County.State of Georgia,Vs. In the Superior Court of Fulton County,Leo M. Frank. Georgia.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 Jno. W. Holmes, Shi. Gray and S. W. Johnson, and that said Holmes, Gray and Johnson are each men of the highest personal and moral character, and reputation, and that they are each entirely trustworthy, and worthy of belief,
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0298 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: EXHIBIT FF.GEORGIA, WALTON COUNTY.State of Georgia,Vs. In the Superior Court of Fulton County,Leo M. Frank. Georgia.Before me, an officer authorized under the laws of Georgiato administer oaths, personally appears each of the undersignedpersons, personally known to me, who, being duly sworn, deposeand say on oath.That they are personally acquainted with J. J. Nunnally andW. L. Ricker, and that said Nunnally and Ricker are each menof the highest personal and moral character, and reputation, andthat they are each entirely trustworthy, and worthy of belief,as to any statement made by them or each of
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0296 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: EXHIBIT EE.GEORGIA, FULTON COUNTY.State of Georgia,Vs.In Fulton Superior Court.Leo M. Frank.Personally appeared Leon Harrison, 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 not acquainted with Leo M. Frank, is not related to him, and has never seen him to know him; he says on oath that he is not personally acquainted with A. H. Henslee but he knows that said Henslee is the party about whom he makes this
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0295 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: EXHIBIT DD.GEORGIA, FULTON COUNTYState of Georgia,In the Superior Court of Fulton County, Ga.Leo M. Frank.Before me personally appears Julian A. Lehman, who, being duly sworn deposes and says on oath that he makes this affidavit for use in motion for new trial in above stated case.Further deposing, he says on oath that he reiterates his statement heretofore made under oath that between the time of the murder of Mary Phagan, as reported by the newspapers, and the commencement of the trial of Leo M. Frank, on July 28th, 1913, he on two
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0294 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: EXHIBIT OC.Georgia Walton County.State of Georgia,vs. In the Superior Court of Fulton County, Ga.Leo M. Frank.Before me, an officer authorized under the laws of Ga., to administer oaths, personally appear J. J. Nunnally and W. L. Ricker, of Monroe, Ga., 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
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0293 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: Franklin Buggy Company, Inc.,Manufacturers of the"Improved Barnesville Buggy",Barnesville, Georgia.When Ship At Once- Ship to Sam Parkas-How Ship............ Albany, Ga.July 8, 1913.Terms: Oct. 1st, 2.50 per cent. discount ifpaid in 30 days from date of invoice;if not discounted in 30 days buyeragrees to give note to cover theaccount net 90 days, from date ofinvoice, note to be made payable toR. R. Barnesville, Ga. All goods F.O. B. Barnesville, Ga. No freightallowance. All notes due after 90days from invoice to bear interest at 8per cent. per annum.Quantity Cnt. Width Body Style Gear Spring Color
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0292 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: GEORGIA, DOUGHERTY COUNTY.State of Georgia, Vs. In the Superior Court of Fulton County, Ga.Leo M. Frank.Before me personally appears Sam 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, Ga., to Franklin Buggy Company, Incorporated, of Barnesville, Ga. 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
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0291 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: GEORGIA, DOUGHERTY county.State of Georgia,Vs. In the Superior Court of Fulton County, Ga.Leo M. Frank.Before me personally appears B. W. Simon who being dulysworn deposes and says that attached to this affidavit is a car-bon copy of an order made by Sam Farkas, of Albany Ga., to Frank-lin, Buggy Company, Incorporated, of Barnesville, Ga.Said order is marked Exhibit "A". Said order was taken byA. H. Henslee, a traveling salesman for said Franklin Buggy Co.in person; said order was taken on the date same bears date,to-wit: on July 8th, 1913.This affidavit is made
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0290 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: EXHIBIT BB.Georgia DOUGHERTYROCKMART COUNTY.State of Georgia, In the Superior Court of Fulton County, Ga.Vs.Leo M. Frank.Before me personally appears Mack Farkas, who being dulysworn deposes and says that attached to his affidavit is a carboncopy of an order made by Sam Farkas, of Albany, Ga., toFranklin Buggy Company, Incorporated, of Barnesville, Ga.Said order is marked Exhibit "A" Said order was taken by A. HHenslee, a traveling salesman for said Franklin Buggy Co.,in person, said order was taken on the date same bears date,to-wit: on July 8th, 1913.This affidavit is made to be
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0289 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: EXHIBIT A.A.GEORGIA, FULTON COUNTY.Personally appeared D. Rosinsky, who on oath deposes and states that on Friday, August 22nd and Saturday August 23, he was standing near the corner of Hunter and South Pryor Street, in the city of Atlanta, Ga., and that when the Solicitor General, H. W. Dorsey, came out of the old City Hall Building, now used as a court house, there was loud and vociferous cheering by the assembled crowd; that members of the crowd took the Solicitor in their arms and carried him across the street to the
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0287 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: EXHIBIT 2.GEORGIA, FULTON COUNTY.Personally appeared Charles J. Moore, who on oath says that he is an attorney at law, occupying room 301 on the third floor of the Kaiser Building, at the corner of Hunter and So. Pryor sts., that on Friday, August 22, deponent was in his office and saw the jury come out of the court house entrance at about six P. M. that soon after Mr. Dorsey appeared in the court house entrance and a great cheering and yelling occurred by the crowd immediately opposite the entrance, and afterwards
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0286 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: EXHIBIT Y.The State of Georgia,Vs.Leo M. Frank.Personally appeared B. S. Lipshitz, who on oath says that he was out in front of the Court House, mingling with the crowd, at about one P. M., on Saturday, August 23, immediately after court adjourned; that deponent saw the jury come out and about one or two minutes thereafter, Mr. Dorsey came out, whereupon there was great cheering and yelling by the crowd; that at the time the yelling and cheering took place, the jury could not have been more than one minute's walk away
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0285 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: GEORGIA, FULTON COUNTY.EXHIBIT X.GEORGIA, FULTON COUNTY.Personally appeared John H. Shipp, who on oath says thaton Friday August 23, he was in room 301 of the Kaiser Building,corner Hunter and So. Pryor streets, that he saw the jury come outof the court house about 6 P. M., that a few minutes after thejury came out of the court house, Mr. Dorsey, appeared in theentrance, whereupon a great cheer arose from the people crowdingin the streets and around the court house entrance; that atthat time deponent saw the jury about fifty feet from the
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0284 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: EXHIBIT W.State of Georgia.Vs.Leo M. Frank.Personally appeared Isaac Haas who on oath says that he was standing outside of the court house on Friday afternoon, Aug. 22nd, at about 12.30, and I saw the jury come out of the court room. Soon after the jury came out of the court room, Mr. Dor- sey came out, and the crowd set up cheering and yelling "Hurrah" "Hurrah". At the time of the yelling and cheering the jury was just crossing the street toward the Barber's Supply Co., which is next to the Kiser
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0283 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: State of Georgia, EXHIBIT V.Vs.Leo M. Frank.Personally appeared Marcus Benbenisty, who on oathsays that he was standing outside of the court house on Fridayafternoon, August 23rd, at about 1:30, and I saw the jurycome out of the court room. Soon after the jury came out ofthe court room. Mr. Dorsey came out, and the crowd set up cheer-ing and yelling "Hurrah for Dorsey".At the time of the yelling and cheering the jury was justcrossing the street towards the Barbee Supply Company, whichis next to the Kaiser Building. That in the opinion of
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