Leo Frank TV

Visible Translated Text Is As Follows: or doing anything of that sort. I did not go down and see blood on second floor near dressing room.MISS MARY PIRK, sworn for the defendant.I am one of the foreladies working at the National Pencil Co. I am at the head of the polishing department. I have been there about five years. I talked with Jim Conley Monday morning after the murder. I accused him of the murder. He took his broom and walked right out of the office and I have never seen him since. His character for truth and for veracity

Visible Translated Text Is As Follows: LEMOIE QUINN, Sworn for the Defendant:I am foreman of the metal department. Barrett pointed outto me where he claimed to have found blood spots on the met-al room floor. He asked me whether I thought that he (Barrett)would get the reward if Frank were convicted. He told me thatseveral people told him that he had a good chance to get the re-ward. He said a fellow told him that he would get $2700 onetime and $4500 the other time. He mentioned that reward to meon several occasions. The floor on the metal room is

Visible Translated Text Is As Follows: were out of material and she was laid off for the rest of theweek. I have never seen Mr. Frank speak to her. I went tothe factory on April 26th, to see Mr. Schiff. He was not there.I often go to the factory on Saturdays and holidays. The streetdoors were open when I got there. I did not see Mary Phagan, norJim Conley, nor Montie Stover. The doors to Mr. Frank's innerand outer office were open. The time I reached Mr. Frank'soffice was about 12:20. I saw Mr. Frank on Sunday at Bloomfield'sundertaking establishment

Visible Translated Text Is As Follows: mention it at the coroner's inquest. This was Tuesday after-noon. I told you in the statement I gave you that I could notswear positively as to the time I was at the factory. I said Igot to the pool room between 12:20 and 12:30. I had been up inthe factory before I met Newt, Freeman and Miss Hall at the BusyBee. I was in the office and saw Mr. Frank between 12:20 and12:25. At the time I made the statement to you that I was there-between 12:00 and 12:05 I had reckoned the time

Visible Translated Text Is As Follows: have been as early as twenty minutes after 12 that I got to the factory, because I had reckoned my time down from leaving home and the number of stops, and I said that it have been between 12:20 and 12:25.HARRY DENHAM, Sworn for the Defendant.I work on the fourth floor of the pencil factory. I was paid off Friday, April 25. I came back Saturday to do some work. Mr.Darley asked me to come back. I had to work on the machinery when it was not running. It was the only time I

Visible Translated Text Is As Follows: I left at ten minutes after three, I saw Mr. Frank. Mr. White and I came down together. Before we went out, Mr. Frank came up- stairs about three o'clock and asked was we getting out, and we told him we were getting ready to go right now. We were washing right then. When we came out we saw Mr. Frank at his desk in his office writing. Mr. White borrowed $2 from him. He did not look nervous or unusual. You can look down from the landing on the third floor and see

Visible Translated Text Is As Follows: 65ing his hands together. We left McKnight in the factory when we left there two blocks before they saidMINOLA McKNIGHT (c) Sworn for the defendant:I work for Mrs. Selig. I cook for her. Mr. and Mrs. Frank live with Mr. and Mrs. Selig. His wife is Mrs. Selig's daughter. I cooked breakfast for the family on April 26th. Mr. Frank finished his breakfast a little after eleven o'clock. Mr. Frank came to dinner about 20 minutes after one o'clock. That was not the dinner hour, but Mrs. Frank and Mrs. Selig were going off

Visible Translated Text Is As Follows: 7and made me sign something before they would let me loose, but itwasn't true. I signed it to get out of jail, because they saidthey would not let me out. It was all written out for me beforethey made me sign it.CROSS-EXAMINATION.I signed that statement (State's Exhibit "J"), but I didn'ttell you some of the things you got in there. I didn't say heleft home about three o'clock. I said somewhere about two.I did not say he was not there at one o'clock. Mr. Graves andMr. Pickett, of Beck & Gregg Hardware Co., came

Visible Translated Text Is As Follows: KEIL SELIG. Sworn for the defense.I am Mr. Frank's father-in-law. My wife and I live with Mr. Frank and his wife. The kitchen in our house is next to the dining room. There is a small passage way between them. The sideboard in the dining room is in the same position now, as it has always been. Mr. Frank took breakfast before I did on April 26th and left the house before I breakfasted. I got back home to dinner at about 11:15. My wife and Mrs. Frank were eating then. They told me

Visible Translated Text Is As Follows: Our party broke up about half past eleven. I did not hear the telephoning early Sunday morning, I had the scratches on Frank Sunday morning.CROSS EXAMINATION.I have never seen the servants move that sideboard. I say it was about 1:20 when Mr. Frank came home to lunch, because I left town about 1:10. The car reaches our corner between 1:10 and 1:20. I got home a little after one, about 1:10. Mr. Frank may have laid down and taken a nap after dinner. I don't know. I laid down and took a nap. Mr.

Visible Translated Text Is As Follows: quarter past seven. We played cards that night in the dining room with a party of friends. Mr. Frank and his wife did not play. They do not play poker. They play bridge. He was sitting in the hall reading. Mr. Frank answered the doorbell and let in some of the guests. He came in once while we was playing cards to tell us about a joke that he had read about an umpire and he laughed out very heartily. He went to bed between ten and ten thirty. He told us all goodnight

Visible Translated Text Is As Follows: estimate, I have tried to make my figures sufficiently conservative to make allowance for a man in charge of the work. I have tried to show it done in the quickest possible time. I think it will be wonderful to make it in less time than that. I think a man who could make it out and verify it as well as went along, it would take the whole afternoon.C. R. POLLARD. Sworn for the defendant.I am an expert accountant. I was called into this matter for the purpose of seeing the length of

Visible Translated Text Is As Follows: total $396.75, instead of $386.29.RE-DIRECT EXAMINATION. In making out this sheet Mr. Frank had to make about 40 multiplications and 50 additions. The mistake is not a serious one.HERBERT G. SCHIFF. Recalled for cross examination.The books show that $4 was loaned to Arthur White. I made the entry in the book. The $2. was for what Mr. Frank loaned him that day and $2.00 I loaned him the middle of next week. As to where the entry is that Mr. Frank lent Arthur White $2. these slips are not kept after we tear it

Visible Translated Text Is As Follows: That was about half an hour before he came over to Montag Bros. I had called him up to get a duplicate bill of lading and in the course of the conversation, I asked him if he would need me over there that morning, on account of his having an inexperienced stenographer over there, I had been going over there all during the month of April on that account. He said "Please come over I have some work for you to do". It was 20 or 30 minutes after that that he came over

Visible Translated Text Is As Follows: ...requisition sheets. The entering of the requisition was done after I acknowledged the orders, because when they enter them the house order number is put on them when they are put in the book and there was no house order number when I acknowledged them. Therefore, it had to be done afterwards. The requisition sheets are not made out until they are entered on the house order book and then acknowledged and then the requisition sheets are made. These eight letters (defendant's exhibit 8) were dictated to me Saturday morning by Mr. Frank and

Visible Translated Text Is As Follows: writing about two minutes after he finished dictating the letters. I don't know how long it took me to write them. I am not a very rapid typist. During the time I was writing, Mr.Frank was in the inside office, except when he came out to talk to Mrs. White and came to the door with those men. After typing them, I took them into him to sign. He folded the letters and put them in the envelopes himself. He did not ask me to stay until he looked over the letters. As to

Visible Translated Text Is As Follows: 26data, that he couldn't fix the financial sheet until Mr.Schiffgot up the data, and he had Alonzo Mann telephone him to come overover there to do it, but Mr.Schiff didn't come while I was thereI said at the coroner's inquest that I didn't see Mr.Frank work-ing on any of these books that day. He was in the outer of-fice and he was in the inner office. There wasn't any such look-ing sheet as the financial on his desk, when I was in there hewas at work on a pile of letters and things like

Visible Translated Text Is As Follows: to two men between the outer office and the clock. He was dis-missing those two men when we came in there. White and the stenographer were in the office then also. As we were going up the steps,Mr.Frank called to Mrs.Freeman to tell Arthur White to come down thathis wife wanted to see him. On the fourth floor we saw May Barrett,Arthur White and Harry Denham. When we left the factory, the foll-owing people were still there: Arthur White, Mrs.White, MayBarrett, her daughter, Harry Denham, the stenographer and Mr. Frank.CROSS EXAMINATION. We met Mr.

Visible Translated Text Is As Follows: from my department. It covers all the different classes of work where the goods were finished.CROSS EXAMINATION. I always turn those reports in Friday night or early Saturday morning. They don't touch Friday's work.MISS MAGNOLIA KENNEDY, sworn for the defendant.I have been working for the pencil factory for about four years, in the metal department. I drew my pay on Friday, April 25, from Mr. Schiff at the pay window. Helen Ferguson was there when I went up there. I was behind her and had my hand on her shoulder. Mr. Frank was not

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

Visible Translated Text Is As Follows: extra, but I don't know what paper it was. I knew that he could write because I had seen him do it several times, with pen and ink. I don't know whether he was making up his reports of boxes, but I have seen him writing. Yes, I have seen spots along the route from the ladies closet to the elevator ever since I have been there. They have red varnish and red paint and such things like that that look like blood. I am sure there are spots all around in the metal

Visible Translated Text Is As Follows: 31the detectives got to the factory,Frank was at the Station House. He wastherenearly all morning. He phoned me first about twelve o'clock, and then again about twelve thirty. He wanted to see if wecould not injustice to all the employees try to sift this thingdown, and he suggested getting the Pinkerton. He phoned againnear one o'clock. Mr.Frank spoke about his nervousness. He didn'ttalk a great deal about it. He may have spoken to me one or twiceabout it. I think one time he explained to me how terrible thegirl looked and the other time

Visible Translated Text Is As Follows: when I left Friday night. I left Friday night at half past six. I didn't go to the factory on Saturday morning. I have never timed Mr.Frank entering those orders. I said I guess it would take him thirty minutes to actually enter them. After entering them he mu-st transcribe and acknowledge them. The initials "H.H" on these orders(Defendant's exhibits 14,15,16,17,18,19,20,21,22,23,24), means Miss Hattie Hall, the stenographer. "H.G.S." on these regulations (Defendant's exhibit 25 to 35 inclusive) are my initials, means that I checked the order and O.K.'d it and its gone. Miss Hattie

Visible Translated Text Is As Follows: 23but you got three sheets to get them from,one line on all threesheets and the total,making six lines altogether. It is not easyto say how long that would take. It is merely looking at those thingsand putting them down,you have got to over it,and get the differentclasses of goods that we pack and take it and put it under the headof the specialty,that is the head of the class of goods manufac-tured that week. You must have the slat record. I haven't got theslat record here. It certainly is different from this. It comesfrom

Visible Translated Text Is As Follows: It is true that he could have done all of the work in two hours and a half. I didn't hear him say that he could have done it in an hour and a half. The work that have just been over and the entries in the book and the letters that he dictated to the stenographer is the sum total of all the work that I have seen done on the books in the office on April 26th. Mr. Frank and I were not paid off on the 25th, or 26th. In addition

Visible Translated Text Is As Follows: I say he did work on the average sheet on Saturday because those orders came in that day. I know they could not have been entered the Thursday before and that they were entered in fact Saturday because I had gone over the orders and find that they average the same thing that he has got on the average sheet. None of the orders came in the factory before Saturday morning because they were not there Friday night when I left. I am sure of that. I have never known Mr. Frank to leave

Visible Translated Text Is As Follows: 26B'nai B'rith affair, which Mr.Frank went to and I helped himcarry his packages to the car. As far as my remembering every Saturdaythat I have been there for six months previous, I have never lost aday from the factory since I have been there with the exception ofmy vacation. I was with Mr.Frank until half past twelve on Thanks-giving Day, when I left him at the corner of Mitchell and Alabama,where he caught a Washington Street car. I don't know what he didthat afternoon. I do know that I remained at the factory everySaturday

Visible Translated Text Is As Follows: it by the whistle in back of us every day at twelve o'clock. We don't set it every time we hear the whistle- though. We have had unreliable people at the factory. We give them a trial. I knew that Conley was unreliable a good while ago. Found it out the first time I ever spoke to him. When we found that we couldn't trust him we took him off the elevator. Mr. Darley and I did it. We didn't take it up with Frank. Girls in the factory have told me about his

Visible Translated Text Is As Follows: REDIRECT EXAMINATION. When I stated that it took two and a half hours to three hours to make up the financial sheet, I meant with out any interruptions. We have quite a few interruptions on Saturdays, salesmen drop in, draymen and people come in, for their envelopes after we have paid off. When I said to Mr.Dorsey that he might do the work from 8.30 to 10.30, I had reference purely to the financial sheet, making the entries in the house order book, requisitions and dictating the correspondence, I did not include. The correspondence

Visible Translated Text Is As Follows: 29nature for a jeweler for a watch. The detectives found the information by coming to the factory. The negroes always ate in the basement. Conley was familiar with the basement. Mr. Dorsey subpoenaed me to his office, he subpoenaed some of the others. I think he phoned to me. Empty sacks are usually moved a few hours after they are taken off the cotton.BE CROSS EXAMINATION. I had no objection to coming to your (Mr. Dorsey's) office. I offered to assist you in any way I could. No, it was not Mr. Frank's custom

Visible Translated Text Is As Follows: JOKL C. HUNTER, Sworn for the defendant.I am a public accountant, engaged in the profession ten or fifteen years. I have examined the financial sheet said to be made by Leo M. Frank. I examined a copy and then checked it against the original. In order to find out how long it would take a person to make out these reports, I went through the calculations. I did not make out the sheets. I verified the extensions and calculations on the financial sheet (Defendant's exhibit 24). I found them correct within a decimal. There

Visible Translated Text Is As Follows: 11often Mrs. Frank would come up to the office on Saturday.I never saw Conley around the office on Saturday afternoon aftertwo o'clock. We never had any women up in the office. I neversaw any there. There is not a bed, cot, lounge or sofa anywherein the building. There is a dirty box with dirty crocus sackson it in the basement on the Clarke Wooden Ware Company side.It is very filthy and dirty down there. I went on the road onthe first Saturday in January, 1913. I got back to the factorythat day about 2:15,

Visible Translated Text Is As Follows: I paid off the help on Friday, April 25th, from the pay window outside of the office. I remember paying off Helen Ferguson that day. Nobody came up to ask for Mary Phagan's pay. Before any one could get another's envelope, they have to have a note to that effect. There was no reason for anyone to go to Mr. Frank to get their pay Friday, April 25. I was at the window paying off employees. We had posters put up all over the factory announcing that Saturday would be a legal holiday and

Visible Translated Text Is As Follows: 13.shows it below the time clock near and where the staircase is. The door entering into the Clarke Wooden Ware place was open two or three days after the murder. The door was previously locked. There is a hole back there through which waste is thrown down. It is an open hole. There is no lid to it. It is big enough for the body of a girl of the size of Mary Phagan to go through. If a body was thrown down it, it would roll down and stop on the platform. Mr.

Visible Translated Text Is As Follows: 14He has to put that down under the number of pencils that shows on this sheet. He has to calculate and have a separate report as to each kind of pencil, and then add them up. We manufacture over a hundred kind of pencils. That week we dealt with about thirty-five different kinds. To do this you have to add, multiply, classify and separate each pencil into a different class. The next item appearing on the financial sheet is "slats", 2719. In calculating that he had to calculate the number of gross slats used,

Visible Translated Text Is As Follows: 15number had for that week. The next item "Wrappers" requires calculation because every dozen pencils takes a wrapper. People sometimes want them packed in tissue paper and he has to know which pencils are packed. He has got to go through all the pencils to determine which took wrappers and which did not. Our pencil production averaged 2900 to 3000 gross per week. A gross is 144. The next item is "skeletons". Skeleton is a card board with a little place in it where six pencils go on one side and six on the

Visible Translated Text Is As Follows: 16.been over carefully the calculations in it and it represents approximately the operations of the factory for six weeks. We did not do any of the work on that sheet on Friday. I think it would take about three hours to go through the calculations and complete that sheet. That was our average time. There is no difference in the handwriting of Mr. Frank in the financial sheet of April 26th, from that of the week previous. It is just the same. The financial sheets are all kept in this book here (Defendant's Ex.

Visible Translated Text Is As Follows: 17essary to make up the sheet. The sheet here headed "Comparison 191201913" (Defendant's Ex. "11") is made up by Mr. Frank to show the difference between one week of this year and the same week of last year and in making that up he has to take the financial sheet that he made this year and turn to the financial sheet that he made last year for the same week and compare them. This is the comparison sheet he made on Saturday. It is dated April 24th, 1913. (Defendant's Ex. "11"). The requisition and

Visible Translated Text Is As Follows: 18The next item he entered was "House order 7188,F.W.WOOLWORTH, Store 68, Terre Haute Ind." That was to be filed at once. He would send an acknowledgement card for every order we received. If the order wasn't understood, he would write. The next item he entered was "House order 7189 Woolworth Store 53,Logansport,Ind." to be shipped at once, received on 4-36-13". He figured that order out and entered it. The next order is "House order 7190, store 55 DeKalb, Ill. received 4-26-13, ship at once". The next order 14 "House order 7191, store 35 Wilkesbarre,

Visible Translated Text Is As Follows: (Defendant's exhibits 25,26,27,28,29,30,31,32,33,34,35) are in Mr.Frank's handwriting and are O.K. by me when I check it, which meansthat we ship the goods. All of the goods called for by these ordershave been shipped out by me after being O.K.'d with the exceptionof the order of R.E. Kindell and Company 7197 (Defendant's exhibit34), which was cancelled by letter. None of these orders were atthe pencil company factory when I left there Friday night, and theywere there when I got back on Monday. The work of looking overthe orders and intering them in the order book

Visible Translated Text Is As Follows: find any mesh bag or pocket book. I was Mr. Frank constantly while he was at the factory on the Tuesday morning after the murder. He did not speak to the negro Conley that day. Today we tried to open up the factory, but every body was so excited that we couldn't do any work. The girls were standing around, crying. We had to suspend. As I went out of the shipping room that morning, I saw Conley standing at the back of the room. I said "what are you doing here?" He says:

Visible Translated Text Is As Follows: GEORGE EPPS. Re-called for Cross Examination.I was present on Sunday after the murder when a gentlemancame to the house and talked to me and my sister about whenwas the last time we had seen Mary Phagan. He didn't ask me,he asked my sister. I wasn't there, I was in the house. Ididn't hear him ask my sister that.HARRY SCOTT. Re-called for State.It took Jim Conley two or three minutes to write out thenotes that I dictated to him.CROSS EXAMINATION.I knew on Monday that Mrs. White claimed she saw a darkeyat the pencil factory. I

Visible Translated Text Is As Follows: make him give a confession. We used a little profanity and cussed him. He made that statement after he knew that I knew he could write. We had him for about two or three hours that day. He made another statement on May 24th which was put in writing. (Defendant's Exhibit 37.) He was carried to Mr. Dorsey's office that day and went over the statement with Mr. Dorsey. He still denied that he had seen the little girl the day of the murder. He swore to all that the statements contain. That statement

Visible Translated Text Is As Follows: 3him. He looked pretty good when he testified here. Frank wasarrested Tuesday morning at about 11:30pm May 29th we had anoth-er- talk with him. Talked with him almost all day. Yes, wepointed out things in his story that were improbable and toldhim he must do better than that. Anything in his story thatlooked to be out of place we told him wouldn't do. After he hadmade his last statement we didn't wish to make any further sugges-tion to him at that time. He then made his last statement onMay 29th(Defendant's Ex.38). He told us

Visible Translated Text Is As Follows: ing him how to look the door. He did not tell us anything aboutFrank having a cord in his hand at the tip of the steps or thatFrank looked funny about his eyes or that his face was red. Hedidn't tell us that he went back there and found the little girlwith a rope around her neck and a piece of underclothing or thathe went back to Mr. Frank and told him the girl was dead, or thathe wrapped her in a piece of cloth. He said it was a crocus sack.He did not

Visible Translated Text Is As Follows: I got information as to Conley writing through my operatives while I was out of town.Monday I saw me when I returned. I got no information personally about his being able to write from the Penoil Company people. Personally I did not get information as to Conley's being able to write from Penoil Company. I got it from outside sources, wholly disconnected from the penoil company. As to whom I first communicated anything about Mrs.White's statement about seeing a negro down there, my impression is I told it in my many conversations with Black,

Visible Translated Text Is As Follows: 6 street and you must go slow. I was relieved at Broad and Marietta by another motorman, but sat down in the same car one seat behind Mary Phagan. Another little girl was sitting in the seat with her. We got to Broad and Hunter about 12:10. Mary and the other little girl both got off and walked to the sidewalk and they wheeled like they were going to turn around on Hunter Street, both of them together. The pencil factory is about a block and a-half from where they got off at Hunter

Visible Translated Text Is As Follows: 7RE-DIRECT EXAMINATIONI identified Mary's body Sunday afternoon after the murder at the undertaker's. There was no doubt about her being the same girl. I knew her well by sight. She rode on my car lots.RE-CROSS EXAMINATIONI can't tell you whether that is the hat or not she wore.W. H. HOLLIS, Sworn for the defendants.I am a street car conductor. On the 26th of April I was on the English Avenue line. We ran on schedule that day. Mary Phagan got on at Lindsey Street at about 11:50. She is the same girl Identified at

Visible Translated Text Is As Follows: She was sitting by herself when I got here. Mary wasn'tbut two or three passengers on the car and there wasn'tanybody sitting with her. If Epps was on the car I don't recol-lect it. I don't recall the name of any other passengers exceptMary Phagan. As to what attracted my attention to Mary gettingon the front end of the car, as a general rule when she wouldcatch our car Mr. Matthews would say to her "You are late today"and sometimes she would come in and remark that she was mad; thatshe was late today

Visible Translated Text Is As Follows: 9office as Mr. Frank. I took a trip on the road on the first Saturday in January. All of the Company's money except the petty cash was kept over at Montag Bros. office at the general manager's office, Mr. Sig Montag. All mail of the Company is received at Montag Bros. The men in Mr. Montag's office made the deposit of money of the Company. Mr. Frank and I handled the petty cash ranging from $25.00 to $50.00. When we wanted money for the pay roll, we would get a check from Mr. Sig

Visible Translated Text Is As Follows: 10Saturday morning and also our pay roll which showed on the financial sheet. These reports and the pay roll are necessary to make up the financial sheet. We paid off at Saturday noon. It has been our fixed custom ever since we have been in existence to make up the financial sheet on Saturday. I help Frank make out the financial sheet by getting up part of the data, getting up a sheet that we term the factory record, the number of pencils packed for the week, getting up the time records; I get

Visible Translated Text Is As Follows: CROSS EXAMINATION.I told the detective about this as soon as I saw one. I never kept it a secret from anybody. I spoke to Mr. Wade Campbell about seeing the darkey. I didn't tell him that I saw the negro as I went up into the factory about 12 o'clock. I didn't tell him that, when I came down the steps the last time, I didn't see anybody.C. W. MANGUM, sworn for the State.I had a conversation with Mr. Frank at the jail about seeing Conley and confronting him. Conley was on the fourth

Visible Translated Text Is As Follows: lounge, sofa, cot or bed in the whole factory. I found twoboxes down in the basement in Clark Woodenware side of olddirty, rotten stuff, too dirty & rotten for a human being torest upon. It's boggy in there. They had on top of them somedirty, filthy, nasty erouse sacks. There is no lounge, bed,sofa or anything of the sort in the metal room. I have neverseen a chair in there. I have never seen any blood under themachine that Barrett claims he found hair on. I never saw anyblood on the place the negro

Visible Translated Text Is As Follows: Saturday afternoon. I would visit the factory everySaturday afternoon between five and sixto find out how the financial was for the week. I foundMr. Frank in his office on every occasion except the one Ihave mentioned above. Mr. Schiff would help him on thefinancial. A few Saturdays I have gone there and Mr. Schiffwas not there. He may have been on his vacation. I here anddischarge all the help. I come in contact with the help ninetyper cent. more than Mr. Frank. Mr. Frank has nothing todo with employing or discharging them. On Saturdays,

Visible Translated Text Is As Follows: He would do this about twice a month. The girls in the packingdepartment did quite some overtime work on Saturday afternoon.RE-DIRECT EXAMINATION.I have made no contribution toward the fund to defendFrank. I don't know anything about Daisy Hopkins' generalcharacter. I don't know who nailed up the door on the ClarkeWooden-ware side. Lots of people have been there all over thefactory. If a body had been slid down the chute, behind thoseboxes, it would have been hidden more than where it was found.The boxes around the chute are piled nearly to the top. Inever noticed

Visible Translated Text Is As Follows: the outer door towards the clock. I could see half of the oiroleon clock #2. I could not see any of the other clock at all. Theclock and desk could not have been moved without my instructions.The paint is scattered all around. It gets all over the placeand we can't prevent it. We never have washed the metal roomfloor since I have been there. We never found any water or bloodwhere it was said the girl's body was found in the metal depart-ment. The view I got from front door on April 26th, into

Visible Translated Text Is As Follows: I always stayed around the factory and looked after seeing that nobody came in or out, unless they had business. I never have seen anybody goose Conley. Sometimes I would kick him to make him go on to his work. The door that leads to the Clark Woodenware place never was locked. It was nailed up when the Clark Woodenware moved out of there. I nailed it up myself. It was open on the Monday after the murder. It lead back to a chute in the rear, and to two water closets on the

Visible Translated Text Is As Follows: ASignals from upstairs. I was obliged to have seen them if he hadwatched the door. I sat mainly in the front of the building soto see that nobody came in the building. I do not recall anySaturday afternoon that Frank and Schiff missed except whenSchiff was off on his vacation. I have never seen any of thembring any women in there or take any out. I have never been sickor missed a single Saturday since last year. I would leaveabout 4:30 Saturday afternoon. I have never seen Dalton in thefactory at all. I wouldn't

Visible Translated Text Is As Follows: BThis man Wilson worked on Saturday afternoon most all the time.Oiled up the motor and cleaned it while the factory was closed.Pride, Harry Denham, Charlie Lee, and Fast usually worked thereon Saturday oiling the machinery after they shut down and dif-ferent things. They were not shut off by any doors fromgoing anywhere they wanted in the factory. They were liable tocome down and around there any time. I have never seen thedoors either to the outer or the inner office of Mr. Frank locked.They have got glass fronts in them that you can see

Visible Translated Text Is As Follows: like he tried to hide it from me. I picked it up and looked at it carefully and it looked like he didn't want me to look at it at all. The day before that he went out with a pair of overalls corresponding to this blue shirt that he has, and he said he wanted to carry them to a negro at Bloak's candy factory and he had not had time to have gone to the candy factory before he came back and said that they were taking stock over there and would

Visible Translated Text Is As Follows: Doonvicted he is my negro. I knew about the reward being offered.If I told you that I sometimes left the factory by three o'clockI meant four o'clock. Jim Conley worked regularly at the factoryexcept when he was in the stockade thirty days. Conley regis-tered every morning, but a lots of times he would not register atdinner and sometimes at night. I nailed up the door that leadsinto the Clarke Wooden Ware place on Monday because we never letthat door stand open. Mr. Darley told me to do it. I know itwas not open on

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.

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,

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

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

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

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

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

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

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

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

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

Here is the extracted text from the image: Sworn to and subscribed before me,this 26th day of August, 1913.C. A. Stokes, Notary Public Fulton County, Ga.

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

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

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

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

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

Here is the extracted text from the image: EXHIBIT U.State of Georgia,Vs. Fulton Superior Court.Leo M. Frank.Georgia, Fulton County.Personally appeared before the undersigned a Notary Public in and for said county, E. G. Pureley, who on oath say that he is a president of the City of Atlanta, residing at #30 Ponders Ave., with office at #700 Temple Court.Deponent says that on Friday noon, before the above stated case went to the jury on Monday, he was present in the Court room where the trial of Leo M. Frank has been held; that when court adjourned and the jury had

Here is the extracted text from the image: Solicitor General.H. G. Williams.Sworn to and subscribed to before me,this September 15th, 1913.Robt. C. Patterson,Notary Public, Fulton County, State of Ga.

Here is the extracted text from the image: EXHIBIT T.State of Georgia, Vs. Leo M. Frank,In Fulton Superior Court.State of Georgia,County of Fulton.Personally appeared H. G. Williams, resident of Atlanta, Ga.,who deposes and says that on the day of the Frank trial closed,and verdict of guilty was found by the jury against Leo M. Frankaccused of the murder of Mary Phagan, this Deponent was onSouth Pryor Street in front of the Court House.This Deponent saw Solicitor Dorsey come from the Court Houseand cross the street to the Kiser Building in the presence ofexceeding five hundred (500) people, who cheered hisappearance

Here is the extracted text from the image: they proceeded up Pryor Street. Further deposing he says that onsaid day the jury took dinner at the German Cafe, on SouthPryor Street, a distance of approximately one hundred fifty (150)to two hundred (200) feet from the Bauer Building, and thatboth outside of the Cafe and in the Cafe, the cheering of theSolicitor General could be heard by any person.J. H. CochranSworn to and subscribed to before me,this September 15th, 1915.J. H. Porter, Notary Public, County of Fulton State of Ga.195

Here is the extracted text from the image: EXHIBIT 8.State of Georgia Vs. Leo M. Frank,In Fulton Superior Court.State of Georgia,County of Fulton.Personally appeared J. H. G. Cochran, who being duly sworn deposes and says that he is a resident of Atlanta, Ga., he remembers the close of the trial of Leo M. Frank and was present in front of the Court House in Atlanta, Ga., on the day that the case closed and on the day that the jury returned the verdict of guilty in said case.On the day aforesaid, to-wit: - that the jury returned the verdict, Mr.

Here is the extracted text from the image: EXHIBIT R.State of Georgia, ( ) Superior Court of Fulton CountyVs. ( ) Charged with Murder.Leo Frank. ( )Georgia Fulton county.Personally appeared before the undersigned officer, W. B.Cate, who being duly sworn deposes and says: That on Sept.,let, 1913, in the afternoon, I was standing at the corner ofAlabama Street and S. Pryor Street, and had intended to go downS. Pryor Street to the Court House where the Frank trial wasbeing conducted but was unable to get any closer to theCourt House on account of the crowd that had gathered in thestreet,

Here is the extracted text from the image: EXHIBIT Q.The State of Georgia,Vs.Fulton Superior Court.Leo M. Frank.State of Georgia, Fulton County.Personally appeared Samuel A. Boorstin, who, being duly sworn, on oath says: That on Friday evening, on the 22 day of August, 1913, at about 5 or 5:30 P. M., he was present at the Court room of Fulton Superior Court, Judge L. S. Roan, presiding during the trial of the State Versus Leo M. Frank; and after adjournment, and when the jury had been taken from the courtroom, and shortly thereafter, the Solicitor General Hugh M. Dorsey, had passed

Here is the extracted text from the image: EXHIBIT PThe State of Georgia,Vs.Fulton Superior Court.Leo M. Frank,State of Georgia,County of Fulton.Personally appeared before the undersigned a Notary Public in and for said county, Sampson Kay, who on oath says that he is a resident of the City of Atlanta, living at #264 South Pryor street, Deponent further says that on Saturday evening, August 23rd 1913, about 8 or 8:30 o'clock P. M. he saw the jury in the above entitled case walking along South Pryor Street with a deputy sheriff in front and another walking in the rear of said

Here is the extracted text from the image: EXHIBIT O.The State of Georgia,Vs.Leo M. Frank.Fulton Superior Court.Georgia, Fulton County.Personally appeared before the undersigned a Notary Public in and for said county Miss Martha Kay, who on oath says that she is a Resident of the City of Atlanta, living at 264 S. Pryor street, Deponent says that on Monday morning August 28th 1913, the last day of the trial of the said Leo M. Frank, in the above stated case, she was present in the court room in company with Mrs. A. Shurman of 240 Central Ave., before time for

Here is the extracted text from the image: EXHIBIT N.The State of Georgia,Vs.Leo M. Frank.Fulton Superior Court.GEORGIA, FULTON COUNTY.Personally appeared before the undersigned a Notary Public in and for said county Mrs. A. Shurman, who on oath says that she is a resident of the City of Atlanta, living at #240 Central Ave., Deponent says that on Monday morning, August 25th, 1913, the last day of the trial of the said Leo M. Frank in the above stated cause, she was present in the court room in company with Miss Martha Kay of #264 S. Pryor Street, before time for

Here is the extracted text from the image: EXHIBIT W.The State of Georgia, Vs. Fulton Superior Court.Leo M. Frank.GEORGIA, FULTON COUNTY.Personally appeared before the undersigned a Notary Public in and for said county, Mrs. A. Shurman, who on oath says that on the last day of the trial of Leo M. Frank in above stated case, August 25th, 1913, she was present in the court room and when the audience applauded Judge Roan stated to the sheriff that the cheering and demonstrations would have to stop or the court room would have to be cleared, to which the sheriff replied

Here is the extracted text from the image: EXHIBIT-L.The State of Georgia,Vs.Fulton Superior Court.Leo M. Frank.Georgia, Fulton County.Personally appeared before the undersigned a Notary Public in and for said county Miss Martha Kay, who on oath says that on the last day of the trial of Leo M. Frank, in above stated case, August 25th, 1913, she was present in the court room and when the audience applauded, Judge Roan stated to the sheriff that the cheering and demonstration would have to be stopped or the court room would have to be cleared, to which the sheriff replied "Your Honor,

Here is the extracted text from the image: EXHIBIT K.The State of Georgia, Fulton Superior Court.Vs. Leo M. Frank. GEORGIA, FULTON COUNTY.Personally appeared before the undersigned a Notary Public in and for said county, B. W. Kay, who on oath says that he is a resident of the City of Atlanta, living at #364 S. Pryor St. Deponent says further that on Saturday evening, August 23rd, 1913 about 8 or 8:30 o'clock P. M. he was driving on his father's automobile down South Pryor Street, going south, there being in the automobile with him his mother Mrs. Rose Kay, and

Here is the extracted text from the image: heard Plennie Minor repeat to him that he, Plennie Minor, saw him the man, speak to the juror.Deponent further says that on two occasions, while he was sitting in the court room at the trial, at on time while he was about six to ten feet from the jury, this deponent heard shouts and cheering on the outside of the house from the crowds collected outside. One of said times were during Dorsey's speech.While this deponent does not say whether or not the jury heard this cheering, he does say that he,

Here is the extracted text from the image: GEORGIA, FULTON COUNTY.EXHIBIT J.State of Georgia, ( ) No. ......Vs. ( ) Fulton Superior Court.Leo M. Frank, ( )Personally appeared W. P. Feill who makes this affidavit to be used on a motion for new trial in the above stated case.Deposing he says on oath that he was present in the court room during the trial of Leo M. Frank, for the murder of Mary Phagan, for two full days during the trial and from time to time on other days; that at the time of the facts hereinafter stated, deponent was

Here is the extracted text from the image: said facts were discovered after the verdict and sentence of thecourt in the case above stated, and the affidavits of saidwitnesses were taken on the dates shown in the jurat to eachaffidavit, and the same are brought to the attention of thecourt by being presented on the day for the return of the rulenisi, which is October 4th, 1913, and which is the earliesttime at which such affidavits could be brought to the attentionof the court.Affiant further says that had he known at the trial of anyfacts or statements which would disqualify,

Here is the extracted text from the image: EXHIBIT-I.State of Georgia,Vs.Leo M. Frank(1.) In Fulton Superior Court(2.) Conviction of Murder(3.) July Term, 1913.(4.) Motion for New Trial.GEORGIA, FULTON COUNTY.Personally came before the undersigned, Leo M. Frank, who upon oath says that he is the defendant in the above stated case, and that his sole counsel in said case were L. Z. Rosser, Morris Brandon, R. R. Arnold and H. J. Haas.Affiant further says that at and before said trial was entered on, and during the whole of said trial that affiant had no knowledge whatsoever as to M. Johenning and

Here is the extracted text from the image: EXHIBIT H.GEORGIA, FULTON COUNTY.State of Georgia, Fulton Superior Court.Vs.Leo M. Frank.Before me personally appeared Miss Miriam Loevenhart,who makes this affidavit to be used on motion for a new trialin the above stated case.Deposing on oath she says that she is personally acquaintedwith M. Johenning, a juror, who sat on the above statedcase; she says that prior to the trial of Leo M. Frank, saidjuror, M. Johenning, had a conversation with this deponentand deponent's mother, and in their presence expressed hisprofound conviction that Leo M. Frank was certainly guilty ofthe murder of Mary

Here is the extracted text from the image: EXHIBIT-G.GEORGIA, FULTON COUNTY.State of Georgia,Vs.Fulton Superior Court.Leo M. Frank,Before me personally appeared H. C. Loevenhart, who makes this affidavit to be used on motion for a new trial in the above stated case.Deposing on oath he says that for some eighteen months prior to July 1913 he was connected with the Hodgee Broom Works in the City of Atlanta; that he is personally acquainted with M. Johenning one of the jurors in the above stated case, and that during the month of May 1913 said M. Johenning had a conversation with this

Here is the extracted text from the image: EXHIBIT F.GEORGIA, FULTON COUNTYState of Georgia,Vs.Fulton Superior Court.Leo M. Frank.Personally appeared Mrs. Jennie G. Loewenhart, who makes this affidavit to be used on motion for a new trial in the above stated case.Deposing on oath she says that she is personally acquainted with M. Johenning, one of the jurors who served in the trial of Leo M. Frank, for murder of Mary Phagan.Further deposing she says that during May 1913, said M. Johenning met deponent and deponent's daughter on Forsyth Street Atlanta, Georgia, and then and there the said M. Johenning expressed

Here is the extracted text from the image: EXHIBIT F.GEORGIA, FULTON COUNTYState of Georgia,Vs.Fulton Superior Court.Leo M. Frank.Personally appeared Mrs. Jennie G. Loevenhart, who makes this affidavit to be used on motion for a new trial in the above stated case.Deposing on oath she says that she is personally acquainted with W. Johenning, one of the jurors who served in the trial of Leo M. Frank, for murder of Mary Phagan.Further deposing she says that during May 1913, said W. Johenning met deponent and deponent's daughter on Forsyth Street, Atlanta, Georgia, and then and there the said W. Johenning expressed

Here is the extracted text from the image: obtaining the facts in connection with statements made by saidpersons, and all of them, and all of said statements have cometo their knowledge since the rendition of the verdict andsentence in said case, as is shown by the dates mentioned in thejurats to each affidavit, and deponents have brought same to theattention of the Court at the earliest possible moment atwhich the Court could take cognizance of said affidavits afterthe trial, which is the date on which the rule ni si is onreturn; that is, October 4, 1913, same being on that

Here is the extracted text from the image: EXHIBIT E.STATE OF GEORGIA,COUNTY OF FULTON.State of Georgia,Fulton Superior Court.VS.Leo M. Frank.Before me personally appear L. Z. Rosser, Morris Brandon, R.R. Arnold and H. J. Haas, who, being duly sworn, deposes andsays that they are the sole counsel of defendant in the abovecase, and they make this affidavit to be used as evidence on themotion for new trial in said case.Further deposing they say that, since the trial of said caseand the verdict and sentence therein, it has come to theirknowledge that two of the jurors who sat on said case, to-witA.

Here is the extracted text from the image: EXHIBIT D.STATE OF GEORGIA,COUNTY OF FULTON,State of Georgia, In Fulton Superior Court.Vs.Leo M. Frank.Before me, the undersigned officer authorized by law to administer oaths, personally appeared Samuel Aron, who being first duly sworn, deposes and says on oath as follows:Deponent says that just after the indictment of Leo M. Frank for murder, as near as he can recall about two days after the indictment, this deponent was at the Elks Club on Ellis Street, Atlanta, Georgia, that at that time he saw one A. H. Henslee, not then known to this deponent

Here is the extracted text from the image: EXHIBIT C.GEORGIA, FULTON COUNTY.State of Georgia, ( ) Fulton Superior Court.Vs.Leo M. Frank.Personally appears Julian A. Lehman, who being duly sworn makes this affidavit to be used on the motion for new trial in the above case.Further deposing he says that he is personally acquainted with A. H. Henslee, one of the jurors in the above case; that on June 2, 1913, between Atlanta, Ga., and Experiment, Ga., the said Henslee expressed his opinion that Frank was guilty of the murder of Mary Phagan, and that this was in deponent's presence and

Here is the extracted text from the image: GEORGIA,DOUGHERTY COUNTY.EXHIBIT B.STATE OF GEORGIA,(1) - Indictment For Murder.Vs.Leo M. Frank.(2) - In superior Court Fulton County(3) - Georgia, Motion for New trialBefore me, personally appeared Vack Farkas, who being duly sworn makes this affidavit, to be used on the motion for a new trial in the above case.Deposing, he says that he is a resident of Albany, Ga., and is connected with Sam Farkas, Esq., who runs a livery stable and sale barn in Albany; further deposing he said that between the time of the murder of Mary Phagan, and the

Here is the extracted text from the image: EXHIBIT A.GEORGIA,DOUGHERTY COUNTY.The State of Georgia, (1) Indictment for Murder.Vs. (1) In Superior Court, Fulton CountyLeo M. Frank. (1) Georgia, Motion for New Trial.Before me personally appeared R. L. Gremmer, who being duly sworn deposes and says that he makes this affidavit to be used on the motion for new trial in the above case.Further deposing he says that he is a resident of Albany, Ga., that he is acquainted with Mack Farkas, who works with Mr. Sam Farkas, who operates a livery stable and sale barn in Albany.Further deposing, he says

Here is the extracted text from the image: ommitted in the progress of any such attempt to commit sodomy,would be an accomplice; and the jury could not give creditto his testimony, unless corroborated by the facts and circumstances, or by another witness.Rouser and Braden,Herbert J. Haas,Reuben R. Arnold,Voyanta Attorneys

Here is the extracted text from the image:---"The Court: On motion of State's counsel, consented to by Conley's attorney, I passed the first order, that's my recollection Afterwards, it came up on motion of the Solicitor General, I vacated both orders, committing him to the jail and also the order, don't you understand, transferring him; that left it as though I had never made an order, that's the effect of it."Mr. Rosser: Then the effect was that there was no order out at all?""The Court: No order putting him anywhere" - "Mr. Rosser: Which had the effect of putting him

Here is the extracted text from the image: because of the following:The Solicitor General in his concluding argument, in referring to act of Judge Roan, discharging the witness, Conley, from custody, stated:"Judge Roan did it, no reflection on the Sheriff, but with the friends of this man Frank, pouring in there at all hours of the night, offering him sandwiches and whiskey and threatening his life, things that this Sheriff, who is as good as the Chief of Police but no better, couldn't guard against because of the physical structure of the jail, Jim Conley asked, and His Honor granted

Here is the extracted text from the image: The Court: Well, I want to try it right, and I suppose you do.Is there anything to authorize that inference to be drawn?" Mr. Dorsey: Why, sure, why the fact that you went outand got general practitioners, that know nothing about the analysisof the stomach, know nothing about pathology.""The Court, Go on, then""Mr. Dorsey: I thought so."" Mr. Arnold: Does Your Honor hold that is proper, I thoughtso?""The Court: I hold that he can draw any inference legitimatelyfrom the testimony and argue it; I don't know whether or notthere is anything to

Here is the extracted text from the image: and decisive ruling, upon the objection of the defendant, and inallowing the Solicitor General to proceed with said claim thatFrank had the key in his pocket, as a deduction, the same beingtotally unwarranted; and for said illegal and erroneous actionsand failure to act, by the Court, and for said illegal and im-proper argument, a new trial should be granted.101. Movant says that a new trial should be granted, becauseof the following:The Solicitor General, in his concluding argument, in referringto the testimony of the physicians introduced by the defendant,spoke as follows:"It wouldn't surprise

Here is the extracted text from the image: morning, and that isn't the evidence, there's not a line to thateffect.""The Court: Do you still insist that he had it in hispocket?""Mr. Dorsey: I don't care anything about that; the point ofthe proposition, the gist of the proposition, the force of theproposition is that old Holloway stated, way back yonder in May,when I interviewed him, that the key was always in Frank's office;this man told you that the power box and the elevator wasunlocked Sunday morning, and the elevator started without any-body going and getting the key.""Mr. Rosser: That's not the

Here is the extracted text from the image:---Solicitor General to proceed with his illegal argument which was not founded on the evidence, and erred and in not rebuking the Solicitor General, and in not stating to the jury that the Solicitor General had mis-stated the evidence in the particulars objected to, and erred in not telling the jury that there was no evidence in the case that Rogers had sworn that defendant did not look at the body of Mary Phagan or that Frank went in another room and because of the aforesaid errorous acting and failing to act, on

Here is the extracted text from the image: Mr. Dorsey: That's quibbling".Mr. Arnold: Is that correct, Your Honor?""The Court: No, that's not correct; whenever they object, Mr.Dorsey, if you don't agree upon the record, have it looked up,and if they are right and you know it, and - you are wrong, or ifthey are wrong and you also know it, if they are wrong theyare quibbling, and if they are right they are not quibbling. Now,just go on"."Mr. Rosser: Now, the question of whether Boots said hewent into that room is now easily settled", Mr. Rosser here readthat portion of

Here is the extracted text from the image: at it. Black says he didn't see him look at it", Whereupon the following occurred:" Mr. Rosser, He is misstating the evidence. Rogers neversaid he didn't look at the body, he said he was behind him,and didn't know whether he did or not, and Black says he didn'tknow whether he did or not."" Mr. Dorsey: Rogers said he never did look at that body"." Mr. Arnold: I think that isn't the evidence. Rogerssaid he didn't know, and couldn't answer whether he saw it or notand Black said the same thing".Mr. Dorsey (resuming)

Here is the extracted text from the image: the record, you have the right to do that".Mr. Dorsey (resuming): "This man Frank, with Anglo-Saxon bloodin his veins, a graduate of Cornell, the superintendent of thepencil factory, so anxious to ferret out this murder that he'phoned Schiff three times on Monday, April 28th, to employ thePinkerton Detective Agency, this man of Anglo-Saxon blood andintelligence, refused to meet this ignorant negro, Jim Conley.He refused upon the flimsy pretext that his counsel was out oftown but when his counsel returned, when he had the opportunityto know at least something of the accusations that

Here is the extracted text from the image: "The Court: You can comment upon the fact that he refused to meet Frank or Frank refused to meet him, and at the time he did it, he was out of the City"."Mr. Arnold: We did object to that evidence, Your Honor, but Your Honor let that in"."The Court: I know, go on".Mr. Dorsey: (resuming): "They see the force of it"--"Mr. Rosser: Is that a fair comment, Your Honor, if I make a reasonable objection, to say that we see the force of it?""The Court: I don't think that, in reply to

Here is the extracted text from the image: I'm going to confront him, even before any attorney, nomatter who he is, returns from Tallulah Falls, and if not then,I tell you just as soon as that attorney does return, I'm goingto see that that negro is brought into his presence, and permit-ted to set forth his accusations. You make much here of thefact that you didn't know what this man Conley was going to saywhen he got on the stand. You could have known it, but you darednot do it."Whereupon the following colloquy ensued:"Mr. Rosser: May it please the Court,

Here is the extracted text from the image: Mr. Dorsey: You've had your speech"."Mr. Rosser: And we never had any such dirty speech as that either"."Mr. Dorsey: I object to his remark, Your Honor, I have a right to argue this case.""Mr. Rosser: I said that remark he made about Mr. Arnold, and Your Honor said it was correct; I'm not criticising his speech I don't care about that."Mr. Dorsey (resuming): "Frank said that his wife never went back there because she was afraid that the snapshooters would get her picture,-because she didn't want to go through the line of

Here is the extracted text from the image: the solicitor general from making the erroneous statements offact objected to-by the defendant's counsel which the evidencedid not authorize, and in permitting him to proceed, and in notrebuking the Solicitor General, and in not stating to the jurythat there was no such evidence as the Solicitor General hadstated, in the case, and defendant says that for this improperargument, and for this failure of the Court, there should begranted a new trial.97. Movant further says that a new trial should be grantedbecause of the following:In his concluding argument Solicitor General Dorsey, referringto the

Here is the extracted text from the image: 91002241"Mr. Dorsey, I was arguing to the jury the evidence.""The Court: Did you make a statement to that effect?""Mr. Dorsey, I made a statement that those two young ladiessay they met Holloway as he left the factory at 11:05—I make thestatements that as soon as they track down to that Greekcafe, Quinn came in and said to them, 'I have just been in andseen Mr. Frank'.""Mr. Arnold: They never said that, they said they met Hollo-way at 11:45, they said at the Busy Bee cafe, but they met Quinnat 12:30""Mr. Dorsey, Well,

Here is the extracted text from the image: killed his wife because of infatuation for another woman, and put her remains away where he thought as this man thought, that it would never be discovered but murder will out, and he was discovered, and he was tried, and he said at said to the glory of old England, he was executed."96. Voyant further says that a new trial should be granted, because of the following ground:The Solicitor General, in his concluding argument, spoke to the jury as follows:"But to crown it all, in this table which is now turned to

Here is the extracted text from the image: crimes, but a man of high intellect and wonderful endowmentswhich, if directed in the right line, bring honor and glory ifthose same faculties and talents are perverted and not controlled,as was the case with this man, they will carry him down. Look atVdue, the mayor of Charlottesville, a man of such reputationthat the people elevated him to the head of that municipality; butnotwithstanding that good reputation, he did not have rock bed cha-racter, and becoming tired of his wife, he shot her in thebath tub, and the jury of gallant and noble

Here is the extracted text from the image: he sued the Marquis for damages, which brought retaliation onthe part of the Marquis for criminal practices on the partof Wilde, this intellectual giant and when the Englishlanguage is read, the effrontery, the boldness, the coolness ofthis man, Oscar Wilde, as he stood the cross examination of theablest lawyers of England -- an effrontery that is characteristicof the man of his type, that examination will remain the subjectmatter of study for lawyers and for people who are interestedin the type of pervert like this man. Not even Oscar Wilde'swife, for he was

Here is the extracted text from the image: written, and that a new trial should be granted because theargument was illegal, unwarranted, not sustained by the evidence,and tended to inflame and unduly prejudice the jury's mind.Neither the letter from Piokett nor the telegram was read furtherthan is shown in the foregoing statement.93. Movant says that a new trial should be granted becauseof the following grounds:The Solicitor General having, in his concluding argument,made the various statements of fact about the Durant case, asshown in the preceding ground of this motion, the Judge erredin failing to charge the jury as follows, to-wit:The

Here is the extracted text from the image: Mr. Arnold: Certainly he can, as a matter of public notoriety, but not as a matter of individual information or opinion"."The Court: You can state, Mr. Dorsey, to the jury, your information about the Durant case, to-wit, he did, but you can't read anything - don't introduce any evidence".Mr. Dorsey (resuming) "My information is that nobody has ever confessed the murder of Blanche Lamont and Minnie Williams. But, gentlemen of the jury, as I'll show you by reading this book, it was proved at the trial, and there can be no question

Here is the extracted text from the image: - 000230 -" Mr. Dorsey: Mr. Arnold brought this in, and I telegraphedto San Francisco, and I want to read this telegram to the jury;can't I do it?""Mr. Arnold: If the Court please, I want to object to anyparticular letter or telegram, I can telegraph and get myinformation as well as he can. I don't know whether the infor-mation is true, I don't know who he telegraphed about it; I havegot a right to argue a matter that appears in the public printsand that's all I argued,-what appears in the papers,- it

Here is the extracted text from the image: jury had the right to consider, and that is as to whether, even though they did not believe his plea of not guilty the truth, still if they had a reasonable doubt in their minds of his guilt they should acquit him.98. (qqqq) Movant further says that a new trial should be gr anted, because of the following:Mr. Dorsey, the solicitor general, in the concluding argument, made the following statement:"Now, gentlemen, ( addressing the jury) Mr. Arnold spoke to you about the Durant case. That case is a celebrated case; it was

Here is the extracted text from the image: about Frank?A. No sir, I don't know her.Q. Did you ever hear C. D. Duncan, talk about Frank?A. No sir.Q. You never heard any of these factory people talk about him?A. No sir.The Court erred in permitting the Solicitor, although the witness denied hearing all of the remarks referred to, to say in the presence of the jury that he was not four-flushing, but that he was going to bring the witnesses there, thereby improperly saying to the jury that he had such witnesses and meant to bring them in.The Court erred

Here is the extracted text from the image: Q: You never heard of that at all?A: I never heard that. I had been in Mr. Frank's---Q: You never talked to Tom Blackstock, then, did you?A: I haven't the pleasure of Mr. Blackstock's acquaintance.Q: Did you ever know Mrs. L. D.Coursey?A: I can't say that I ever heard of her.Q: Miss Myrtle Cato, you never heard of her, and that he wouldgo into the---A: Mr. Dorsey, I have been down thereQ: By the Court: He wants to know if you ever heard of thatbefore.Q: He made no apology and no explanation,

Here is the extracted text from the image: English Avenue car was ahead of time as much as four minutes, onother days did not indicate that it was ahead of time on theday of the murder.90. (kkkk). Because of the following colloquy which occurredduring the trial and while the witness, John Ashley Jones,was on the stand, during the cross examination of Jones by theSolicitor:Q. You never heard anybody down there say anything about Mr.Frank's practices and relations with the girls.A. Not in the Pencil Factory.Q. Not at all? You never did talk to any of these young girls,did you?A. No,

Here is the extracted text from the image: became material to determine what time this English Ave., carreached Broad Street on the day of the murder. The motorman Mat-thews and the conductor, swore that on that day the EnglishAve., car reached Broad Street at 12:07. The Court permittedthis and other like testimony to be introduced tending todiscredit their statements that the car was on schedule timethat day. In doing this the Court erred, for the fact thatthe English Ave., car was ahead of time as much as fourminutes on other days did not indicate that it was ahead of timeon

Here is the extracted text from the image: The Court admitted the above questions and answers, over the objection of the defendant as above stated, and thereby erred, for the reasons stated.87 (hhhh). Because the Court over the objection of the defendant, made at the time the evidence was offered, that the same was immaterial, incompetent, illegal and prejudicial to the defendant, permitted the solicitor general to ask the following questions, and the witness, Miss Estelle Winkle, to make the following answers:Q. Are you acquainted with his (Frank's) general character for lasciviousness, that is, his relations with girls and women?A.

Here is the extracted text from the image: 84. (eeeo) Because the Court, over the objection of the defendant, made at the time the evidence was offered, that the same was immaterial, incompetent, illegal and prejudicial to the defendant, permitted the solicitor general to ask the following questions, and the witness, Miss Nellie Potts, to make the following answers:Q. Are you acquainted with his (Frank's) general character for lasciviousness; that is, with women prior to that time?A. Yes sir.Q. Is it good or bad? A. Bad.The Court admitted the above questions and answers, over objection of the defendant as above

Here is the extracted text from the image: for lasciviousness; that is, his relations towards women?A. Yes sir.Q. Is it good or bad?A. Bad.The Court admitted the above question and answers, over objection of the defendant as above stated, and thereby erred, for the reasons stated.82. (ggg) Because the Court over objection of the defendant, made at the time the evidence was offered, that the same was immaterial, incompetent, illegal and prejudicial to the defendant permitted the Solicitor General to ask the following questions, and the witness, Mrs. H. P. Johnson, to make the following answers:Q. Now, are you acquainted

Here is the extracted text from the image: (a). This so-called experiment made with Conley was solely an endeavor on their part to justify his story;(b). The sayings and actings-of Conley, as aforesaid, not under oath, had and made without cross examination, and reported by the witness to the court, the net result of which is a repetition of Conley's statement, without the sanction of an oath.(c). That Conley went to the factory immediately after making his last affidavit, that that last affidavit is not the way he tells the story on the stand; that he tells it wholly differently

Here is the extracted text from the image: two desks (indicating); that Mr. Frank sat down in the chair at that desk, and he told him to sit at the other desk, and Mr. Frank told him to write some notes; he was asked by some of the officers to write what Mr. Frank told him to write, and he sat down there and wrote one note, and I believe---I know the note he wrote, and I don't know whether he wrote one or two and that Mr. Frank handed him some money and that later he took it back,

Here is the extracted text from the image: said he said he went back, and he did go back, led us back, and told about taking up the body, how he brought it up on his shoulder, and then, in front of a little kind of impression on the wall, he said he dropped it, and he indicated the place, and then he come up and told Mr. Frank about it—that he would have to come and help him or something like that—and that Mr. Frank came back and took the feet. I believe he said, and he took the

Here is the extracted text from the image: incidents at the Pencil Factory, wherein Conley, after having madethe third affidavit, purported to re-enact the occurrence of themurder between himself and Frank, wherein the body of Mary Phaganwas taken from the office floor to the cellar of the factory,the testimony permitted by the Court being substantially as follows:"I will have to give you the time of Conley's arrival at theFactory approximately. I was up there at twelve o'clock, and Iwas a few minutes late. Conley had not arrived there then. Wewaited until they brought him there, which was probably ten orfifteen

Here is the extracted text from the image: she had them on a stool, I believe. She was dressed. I don'tremember how her dress was; I didn't look. I paid no attention tohim, only he just walked in and turned and walked out; looked atthe girls that were sitting in the window and walked out. Therewas something said about this, but I don't remember. I have heardsomething about him going in the room and staring at them, but Idon't remember exactly. Mr. Frank walked in the dressing room onMiss Mamie Kitchens. She and I were in there. I have heard

Here is the extracted text from the image: such transaction, Mary Phagan met her death, then Conleywould be an accomplice of Frank, although he had no personal partin her killing.The Court, under proper instructions, ought to have left itto the jury to say whether Conley was or not an accomplice ofFrank; and, in failing to do, and because he failed to do so theCourt committed error.77. The Court erred in not charging the jury that if, underinstructions given them, they found that Conley was an accompliceof Frank, they could not convict Frank under the testimony ofConley alone; but that, to

Here is the extracted text from the image: When it was announced that the jury had agreed upon a verdictcrowds had thronged the court room to such an extent that the Courtfelt bound to clear the court room before receiving the verdict.This the Court did. But, when the verdict of the jury was rendered, a large crowd had thronged the outside of the court house;some one signaled to the outside what the verdict was, and the crowdon the outside raised mighty shouts of approval. So great was theshouting and applause on the outside that the Court had somedifficulty in hearing

Here is the extracted text from the image: solicitor, and the crowd laughed at him, and Mr. Arnold appealed to the court.On Saturday, prior to the rendition of the verdict on Monday, the Court was considering whether or not he should go on with the trial during Saturday evening, or what hour he should extend it in the evening, the excitement in and without the court room was so apparent as to cause apprehension in the mind of the Court as to whether he could safely continue the trial during Saturday afternoon; and, in making up his mind about the

Here is the extracted text from the image: 74. Because the juror Johenning was not a fair and impartialjuror, in that he had a fixed opinion that the defendant wasguilty prior to, and at, the time he was taken on the jury andwas not a fair and impartial and unbiased juror. Affidavits showingthat he was not a fair and impartial juror are hereto attached andmarked Exhibits E, F, G, and I, and made a part of this motionfor new trial.The opinion, conduct and state of mind of this juror priorto, and at the time of, his selection as a juror

Here is the extracted text from the image: in arguing the relative value of the expert testimony delivered bthe physicians called for the State and defense, to intimatethat the defense, in calling its physicians had been influencedby the the fact that certain physicians called were the familyphysicians of some of the jurors. In discussing it, the solici-tor said: "It would not surprise me if these able, astutegentlemen, vigilant as they have shown themselves to be, didnot go out and get some doctors who have been the family phy-sicians, who are well known to some of the members of thisjury, for

Here is the extracted text from the image: need not-in similar instances be repeated, but that the Courtwould assume that similar objections had been made and overruled.This argument of the Solicitor was not only illegal, but prej-udicial to the defendant, in that he, in substance, urged uponthe jury that a cross examination of female witnesses for theState, who testified to Frank's bad character for lasciviousness,would, upon cross examination, have testified as to specific actsof immorality against him.71. (rr). Because the Court permitted the Solicitor, over theobjection of defendant's counsel, to argue before the jurythat the wife of the defendant did

Here is the extracted text from the image: in so doing, committed error, for which a new trial should begranted.70 (qqq) Because the Solicitor General, in his argument tothe jury, stated, as follows: "The conduct of counsel in thiscase, as I stated, in refusing to cross examine these twentyyoung ladies, refutes effectively and absolutely that he hada good character. As I said, if this man had had a good character,no power on earth could have kept him and his counsel from askingwhere those girls got their information, and why it was they saidthat this defendant was a man of bad

Here is the extracted text from the image: I don't remember how much she paid me, and the next week theypaid me $3.50 and the next week they paid me $6.50, and thenext week they paid me $4. and the next week they paid me $4.One week, I don't remember which one, Mrs. Selig gave me $5, butit wasn't for my work, and they didn't tell me what it was for,she just said "Here is $5, Minola."The Court permitted this part of the affidavit to be read tothe jury over the objections above stated, and in doing so erredfor the

Here is the extracted text from the image: poll of the jury, which was then in progress, and notfinished. Indeed, so great was the noise and confusion withoutthat the Court heard the responses of the jurors during thepolling with some difficulty. The court was about 15 feet fromthe jury. In the court room was the jury, lawyers, newspaper men,and officers of the court, and among them there was no disorder.The polling of the jury is an important part of the trial. Itis inconceivable that any juror, even if the verdict was not hisown, to announce that it was not, in

Here is the extracted text from the image: attending court was such as to inevitably affect the jury.The exhibits hereto attached marked J to AA inclusive are made a part of this ground.66. Because the fair and impartial trial guaranteed him by the constitution of this State was not accorded the defendant for the following reasons:The court room wherein this trial was had was situated at the corner of Hunter and Pryor streets. There are a number of windows on the Pryor street side looking out upon the street and furnishing easy access to any noises that would occur upon

Here is the extracted text from the image: Dorsey."(f). On the last day of the trial, Monday, August 25th, 1913a large crowd, including many women, had assembled in thecourt room before court opened, taking up every seat in thecourt room. The jury were in their room about 20 feet from thecourt room, and as Mr. Dorsey entered the room, the crowdapplauded loudly by clapping of hands and stamping of feet,which the jury perhaps could have heard. The court did nothingbut admonish the people that if the applause was repeated, hewould clear the court room.(g). On Monday the last day of

Here is the extracted text from the image: (Referring to questions asked by the Solicitor General).Mr. Arnold: He is asking how long it took to do all this work connected with it. (Referring to work done by Frank the day of the murder.)The Court: Well, he knows what he is asking him. (Referring to the Solicitor General.)Upon this suggestion of the court that the solicitor knew what he was doing, the spectators in the court room applauded by striking their hands together and by the striking of feet upon the floor, creating quite a demonstration Defendant's counsel complained of the

Here is the extracted text from the image: facts, movant contends, olearly show that the defendant was nothaving a fair trial by reason of the great excitement of thecrowd. The court room was in an exceedingly small building, onthe ground floor, and was crowded during the trial, and defendant contends that this prejudice and animosity of thecrowd against him, as shown by the frequent applause, necessarilyreached the jury box and prevented him from having a fair trial.As permitted by the Court, in his order just aforesaid, weattach hereto in support of this motion for new trial the affida-vits hereto attached,

Here is the extracted text from the image: love for my friend to meet all the approbation that he may getfrom the public, I did think that it was an outrage, the cryingand shouting; that is what I thought. If the juror were whereMr. Deavours said they were, they could hear no trouble abouthearing it, if they had good ordinary hearing. On Friday Iwas in the court room when I heard most of the crying, I do notknow where the jury was then.Charles F. Huber, testified. I was in charge of the jury whenthey left the court room Friday afternoon.

Here is the extracted text from the image: they were about 100 feet from the court house, entering theCafe. That he heard the applause but did not hear the crowdhollo "Hurrah for Dorsey; he heard the holloing and cheeringand the 'jury could have heard what he did. That the applause heheard was outside of the Cafe, he did not hear the cheering fromthe inside of the Cafe. That he did not remember how many peoplecame up in front of the Cafe. No one came in the Cafe into theroom where the jury was, that is in the room in the

Here is the extracted text from the image:---The court admonished the people that if the applause was repeated, he would clear the court room.Now, we move upon those facts, which tend to coerce and intimidate and unduly influence this jury, that the court here and now declare a mistrial, and we stand ready to prove each and every fact there and we offer to prove them. Now, if your Honor will take cognizance of those facts as stated, then, of course it will dispense with proof. If your Honor does not take cognizance of them, we are ready to prove

Here is the extracted text from the image: and I wish the stenographer to take it down, and we propose toprove every fact stated in the motion unless the Court willstate that he knows the facts and will take cognizance of themwithout proof.First, that counsel requested before this trial began thatthe court room he cleared of spectators.Second, when the Court declined to rule out the evidence asto the other alleged transactions with women, by Jim Conley,the audience in the court room, who occupied nearly every seat,showed applause by the clapping of hands and stamping of feetand shouting in the presence

Here is the extracted text from the image: this is sufficient to acquit him and it is not necessary that heshould go further in his proof and exclude every possible idea ofhis guilt. No such burden is upon the defendant.This request was submitted in writing and was handed to thecourt before the jury had retired to consider of their verdictand before the court began his charge to the jury.This request was a legal and pertinent one, particularly adjustedto the facts of the case and should have been given, and thecourt in declining to give it committed error, although the gen-eral

Here is the extracted text from the image: Court before the jury had retired to consider of their verdict andbefore the Court began his charge to the jury.This request was a legal and pertinent one, particularlyadjusted to the facts of the case and should have been given, andthe Court in declining to give it committed error, although thegeneral principle involved might have been given in the originalcharge.51. Because the Court refused to give the following pertinentlegal charge in the language requested:"If the jury believe from the evidence that the theory orhypothesis that James Conley may have committed this crimeis just

Here is the extracted text from the image: " I know Miss Rebecca Carson, I have seen her go twice into theprivate ladies dressing room with Leo M. Frank."The Court permitted this testimony over the objection of thedefendant made as is aforesaid and in doing so committed error.The Court stated that this evidence was admitted to dispute thewitness they had called.It was wholly immaterial to the issues involved in this casewhether Frank did or did not go into a private dressing roomwith Miss Carson. It did, however, prejudice the jury as indicat-ing Frank's immorality with reference to women.59. Because the

Here is the extracted text from the image: Myrtle Cato, Mrs. C. D. Donegan, Mrs. H. R. Johnson, Miss MarieKaret, Miss Nellie Pettie, Miss Mary Davis, Mrs. Mary E.Place, Miss Carrie Smith and Miss Estelle Winkle to testifythat they were acquainted with the general character of LeoM. Frank prior to April 26, 1913, with reference to lasciviousnessand his relations to women and girls and that it was bad.The Court admitted this evidence over the objections abovestated, and in doing so erred for the reason herein stated.In determining general character in cases of murder, lascivious-ness or misconduct with women is not

Here is the extracted text from the image: three weeks and the fact that the clocks were not keeping accuratetime three weeks before the trial was immaterial, and the evidencethereon tended to mislead and confuse the jury. Gantt did notwork at the factory during the three weeks just prior to thecrime, and his testimony as to the clocks related to the time hedid work at the factory.54. Because the Court permitted the witness Scott to testifyin behalf of his Agency, over the objection of the defendant,that the same was irrelevant, immaterial and incompetent, sub-stantially as follows:"I got hold of the

Here is the extracted text from the image: Fair Street car, which is due at 12:05 at the junction of Marietta and Broad Sts., the Fair street car would be on its schedule. I have compared my watch with Mathis' watch prior to April 26th. There was at times a difference of from 20 to 35 or 40 seconds. We are both supposed to carry the right time. When I compared my watch with Mathis' I suspect mine was correct, as I just had left it the day I looked at Mathis' watch, and mine was 20 seconds difference and

Here is the extracted text from the image: the hour and the Cooper Street car is due seven minutes afterthe hour. In order for the English Ave. car to cut off theWhite City car, the Cooper Street car would have to be ahead oftime, that is the English Avenue car would have to be ahead oftime. If the White City car was on time at 12:05, the EnglishAve. car would have to get there before that time to cut itoff. That happens quite often. I do know that the car thatMathis and Hollis were running did come into town ahead

Here is the extracted text from the image: " I am a motorman for the Georgia Railway and Power Company,running on April 26, 1913, on Marietta to Stock Yards andDecatur street car. The Cooper and English ave., run is on thesame route from Broad and Marietta Street to Jones Ave., Prior toApril 26, 1913, the English Ave. car run by Waches and Hollis onit did run to Broad and Marietta streets ahead of time, howmuch ahead I cannot say positively. About April 28th and subse-quent thereto Waches and Hollis, in charge of the English Av-car, about twelve o'clock when they

Here is the extracted text from the image: President of the State Board of Health and Dr. Harris who hadbeen and was its Secretary. This row between the doctors statedis utterly immaterial and irrelevant and was harmful to thedefendant because it tended to discredit the testimony of Dr.Westmoreland who resigned from the Board and to sustain the testi-mony of Dr. Harris who remained as Secretary of the Board after Dr.Westmoreland's resignation.- 49. Because the court permitted the witness E. H. Pickettto testify over the objection made when the testimony was offeredthat it was wholly and entirely irrelevant, immaterial incom-petent, illegal

Here is the extracted text from the image: tion, which had been unanimously adopted by the Board on motion of Dr. Harbin, seconded by Dr. Brown--the resolution having been drawn by a committee appointed by the Board, consisting of Drs. Benedict, Taylor and Doughty.-" That the committee appointed to frame a resolution expressing the opinion of the Board with regard to the charges preferred against the Secretary by the President of the Board in a report to the Governor, and upon which they are called upon to act, beg to report as follows:" Resolved; That the members of the Board

Here is the extracted text from the image: "The President ( of the Board Dr. Westmoreland) then addressedthe Board at length on his reasons for thinking that the Sec-retary should be requested to resign, the subjects dealt withbeing too numerous and too lengthy to be included here in theirentirety. After the President's address, the Board adjournedand reassembled again at four O'clock in the afternoon, at whichtime Dr. Harris' side of the controversy was heard."" The Secretary not having been present at what transpiredfollowing this was not in a position to take note as to theproceeding, but was informed by the

Here is the extracted text from the image: showed me where to put the pencils. Nobody was in there but Mr.Frank and Mary at the time I went in there. Mary was going to herwork when Mr. Frank stopped to talk to her. Mary told him thatshe had to go to work. Mr. Frank was talking about he was theSuperintendent of the pencil factory. He told her that hewas the Superintendent of the pencil factory and that hewanted to speak to her and she told him she had to go to workand I never did hear any more replies from

Here is the extracted text from the image: A. No sir.Q. You say you have never heard of any act of immorality on the part of Mr. Frank prior to April 26, 1913?A. No sir, I did not.Q. You never talked with Herne Stanton or H. V. Baker, the conductor or motorman?Q. I will put it that way then: you never heard that the Saturday before little Mary Phagan met her death, Mr. Frank went out on the Hapeville car on which Herne Stanton and H. W. Baker were in charge, and that he had his arm around the little

Here is the extracted text from the image: to go and illustrate that affidavit when he says now on thestand that much of it was a lie, and that it did not happen thatway at all; that this evidence was of another transaction, not binding on this defendant.45. Because the Court declined to allow Dr. David Vaxx togive testimony in behalf of the defendant as to the character ofthe Jewish organization known as B'Nai Brith. Defendant's counselstated at the time that Dr. Vaxx would testify that while the B'Nai Brith was an international Jewish charitable organization,its charity did not extend

Here is the extracted text from the image: Q. How much after one?A. I do not know, probably five or ten minutes.Q. One-ten then, now, how much of the time during that time you were there did it take Conley to act what he acted, leaving out the conversation he had with the different men?A. That would be a difficult thing for me to estimate, while he was acting, he was acting very rapidly, he kept us on the run.Q. All right, now, leave out now the time that it took this man to answer the questions that were put

Here is the extracted text from the image: Q. What time was it when Conley got there?A. I should judge it was about a quarter past twelve, I didn't look at my watch.Q. A quarter past twelve, what time did you get there.A. I must have gotten there five minutes before he did.Q. Then what time did you leave?A. I left about one o'clock.Q. What time did he begin?A. They rushed him right up the steps and probably two or three minutes after he got up there, he began this enactment, and he went very rapidly, in fact, we sort

Here is the extracted text from the image: and carry it back, and he put the body on his shoulder and car-ried it back to this sawdust which is away back here, and thathe came on back and there was something else there which he saidhe threw on this trash pile, and Mr. Frank was up, he said, inthe cubby hole, he said, somewhere back there, and later helead us up there, and that Mr. Frank told him to run the elevatorup, so Conley and the officers and the rest of us who werewith him came up on the elevator,

Here is the extracted text from the image: A. No sir, I know the time I arrived there and the time Ileft the factory.Q. First, I want you to state what he said he did, and what hesaid Mr. Frank did, and then come to the time business?A. I don't quite understand what you told to do.Q. Just go ahead and tell what Conley said he said, and whatConley said Mr. Frank said, and show what Conley did the dayyou were over there, take it up right back here where the bodywas and go on with it, leaving out, however,

Here is the extracted text from the image: of Mary Phagan was taken from the office floor to the cellar ofthe factory?Q. Now, Mr. Branch, take this exhibit and that picture, and takeup Conley now, and give every move he made?A. Am I to give you the time he arrived there? (Pencil Factory)Q. Yes, give the time he arrived.A. I will have to give that approximately; I was to be thereat 12 o'clock, and I was a few minutes late, and Conley hadn'tarrived there then, and we waited until they brought himthere, which was probably ten or fifteen minutes later,

Here is the extracted text from the image: A. No sir.Q. Was that before or after he had been in the dressing room?A. I don't remember.Q. Well, he pushed the door open and stood in the door, did he?A. Stood in the door.Q. Looked in and smiled?A. Yes sir.Q. Didn't you say that?A. I don't remember now, he smiled or made some kind of a face which looked like a smile, like smiling at Ermile Mayfield.Q. At Ermile Mayfield, that day she was undressed?A. But he didn't speak, yes sir.Q. He didn't say a word, did he?A. No sir.Q. Did

Here is the extracted text from the image: A. No sir.Q. He didn't come in the room?A. He pushed the door open and stood in the door.Q. Stood in the door, what kind of dressing room was that?A. It was----just had a mirror in it, you mean to describe the inside?Q. Just describe it, was it all just one room?A. Yes sir, and there were a few lockers for the ladies.Q. A few lockers around the walls, a place where the girls changed their street dress and got into their working dress, and vice versa?A. Yes sir.Q. Now, what else

Here is the extracted text from the image: that room and stand and stare at them?A. Yes sir, I have heard something, but I don't rememberexactly.Q. You heard that, how often did you hear that talked?A. I don't remember.Q. You don't remember how often you heard them say he walkedin there and stood and stared at them?A. I don't remember.Q. You don't remember that; well now, you said about three timesthose things occurred, and you have given us two, MissWayfield and your sister, what was the other occasion?A. Miss Mamie Kitchens.Q. Miss Mamie Kitchens?A. Yes sir.Q. Mr. Frank walked in

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

Here is the extracted text from the image: A. I didn't time him; he just came and looked and turned andwalked out.Q. Came in the dressing room?A. Just came to the door.Q. Came into the door of the dressing room?A. Yes.Q. How was Miss Ermille Mayfield dressed at that time?A. She had off her top dress, and was holding her old dress inher hand to put it on.Q. Now, you reported that to the forelady there?A. I did not but Ermille did.Q. Now did you talk or not to anybody or hear of anybody ex-cept Miss Ermille Wayfield talking about

Here is the extracted text from the image: defendant, made as above stated and in doing so committederror, for the reasons herein stated.This was prejudicial to the defendant, because the SolicitorGeneral, contended that his failure to sooner report the findingof the club and the envelope to the police were circumstances ag-ainst Frank. These detectives were not employed by Frank, but byFrank for the National Pencil Company, and movant contends thathe is not bound by what they did or failed to do.The Court should have so instructed the jury.43 (66) Because the Court permitted the witness Irene Jack-son, at the instance

Here is the extracted text from the image: ould acts of immorality with women be heard, even on crossexamination, as evidence of bad character, and reputation, uponFrank's trial for the murder of Mary Phagan.Lasciviousness is not one of the character traits involved in acase of murder and can not be heard in a murder trial, evenwhen the defendant has put his character in issue.41. Because the Court permitted the witness W. D. WcWorth totestify, at the request of the Solicitor General, over theobjection of the defendant made at the time the testimony wasoffered, that the same was immaterial." Mr. Pierce

Here is the extracted text from the image: absence of his own counsel, was evidence of guilt.46. (j). Because the court permitted Miss Mary Pirk to be askedthe following questions and to make the following answers oncross examination made by the Solicitor:Q. You never heard of a single thing immoral during that fiveyears--that's true? (Referring to the time she worked at thePencil Factory)A. Yes sir, that's true.Q. You never knew of his (Frank's) being guilty of a thing thatwas immoral during those five years--is that true?A. Yes sir.Q. You never heard a single soul during that time discuss it?A. No

Here is the extracted text from the image: "When the witness Conley was brought to the jail Mr. Roberts came to the cell and wanted Frank to see Conley. I sent word through Mr. Roberts that Frank didn't care to see him. Mr. Frank knew that the detectives were down there and afterwards they brought Conley up there and of course Mr. Frank knew he was there. I knew and Mr. Frank knew he was there. Mr. Frank was at once side and I acted as spokesman. Mr. Frank would not see any of the city detectives. Frank gave as

Here is the extracted text from the image: This was prejudicial to the defendant, because the crew on the English Ave., car upon which the little girl, Mary Phagan, came to town, testified that she got on their car at ten minutes to twelve. That under their schedule they should reach the corner of Broad and Marietta Street at 7-1/2 minutes past twelve. That they were on their schedule time on April 26th and did reach that place at 12-07 or 12-07-1/2. What other crews did at other times or even what this crew did on other occasions was wholly

Here is the extracted text from the image: The Court, over the objections of the defendant, on the groundsstated, permitted this testimony to go to the jury and in doingso erred.This was prejudicial to the defendant because the solicitorinsisted that the finding of the envelope and stick were con-cealed from the authorities.37. Because the Court erred in permitting the witness Leech,a street car inspector, at the instance of the solicitor andover the objections of the defendant that same was irrelevant,immaterial, and incompetent, to testify that he had seen streetcar men come in ahead of their schedule time. That he hadseen

Here is the extracted text from the image: sation with Mrs. Freeman and Miss Hall; this testimony was stronglydisputed by the solicitor. Lemmie Quinn's statement that he wasin Frank's office just before going into the rear, that wasof the greatest moment to the defendant, because it strongly tend-ed to dispute the contention of the State that Mary Phagan was kill-ed between twelve and half past.The Court erred in ruling out and declining to hear this, forthe reasons above stated. The testimony was relevant, material,and part of the Res gestae and should have been sent to the jury.35. Because the Court

Here is the extracted text from the image: everybody knows are incompetent.The Court: Well, I sustain your objection.Mr. Arnold: If the effort is made again, your Honor, I amgoing to move for a mistrial. No man can get a fair trial withsuch innuendoes and insinuations as these made against him.The Court: Have you any further questions, Mr. Dorsey?Mr. Dorsey: That is all I wanted to ask him. I will bringGantt in to impeach him.The Court: Well, I have ruled that all out.Mr. Dorsey: Well, we will let your Honor rule on Gantt too.The assertion by the solicitor that this witness

Here is the extracted text from the image: A. No sir.Q. With J. M. Gantt, the man who was bookkeeper and was turned off there?A. No sir, I never told him any such thing.Q. No such thing ever happened?A. No sir.Mr. Arnold: Before the examination progresses any further, I want to move to rule out the witness said there wasn't any truth in it, but I want to move to rule out the questions and answers in relation to what he said Frank proposed to do to him right now. I think it is grossly improper and grossly immaterial; the

Here is the extracted text from the image: 32. Because the Court erred in declining to allow the witnessMiss Hall to testify that on the morning of April 36th, andbefore the murder was committed, Mr. Frank called her over thetelephone, asking her to come to the pencil factory to do stenographic work, stating at the time he called her that he had so muchwork to do that it would take him until six o'clock that day toget it done.The defendant contends that this testimony was part of theres gestae and ought to have been heard by the Court, and fail-ure

Here is the extracted text from the image: it was wholly immaterial as to what his custom previous to thattime had been.31. Because, during the trial the following colloquy took placebetween the solicitor and the witness Schiff:-Q. Isn't the dressing room back behind these doors?A. Yes, it is back behind these doors.Q. That is the fastening of that door, isn't it?A. Yes.Q. And isn't the dressing room back there then?A. That isn't the way it is situated.Q. It isn't the way it is situated?A. It is not, no, sir.Q. Why, Mr. Schiff, if this is the door right here and---A.

Here is the extracted text from the image: crime he accompanied Mary Phagan from a point on Bellwood Ave.,to the center of the City of Atlanta, by showing that on April27th at the house of Epps, he asked George, together with hissister, when was the last time they saw Mary Phagan. In reply,the sister of Epps said she had seen Mary on the previousThursday, but the witness Epps said nothing about having come totown with Mary Phagan the day of the murder but did say he hadridden to town with her in the mornings of other days occasionallyUpon cross examination,

Here is the extracted text from the image: above stated. This was prejudicial to the defendant, because itwas contended by the State that this witness, Harry Scott, whowas one of the Pinkerton detectives, and had been employed toferret out the crime, by Frank acting for the National PencilCompany, had not promptly informed the officials about the factof Mrs White's seeing this negro and that such failure was evidencepointing to the guilt of Frank.This witness was one of the investigators for the PinkertonDetective Agency, who was employed by Frank acting for theNational Pencil Company to ferret out this crime.28. Because the

Here is the extracted text from the image: The Court admitted these samples of partly digested cabbagetaken from the stomach of others, as aforesaid, and in doing so,committed error for the reasons above stated, and for the further reason that there was no evidence, as the defendant's counselcontend, that the same circumstances and conditions surroundedthese other parties in the eating and digestion of the cabbageas surrounded Mary Phagan in the eating and digestion on herpart and no evidence that the stomachs of these other partieswere in the same condition as was Mary Phagan's.26. Because the Court, in permitting the witness,

Here is the extracted text from the image: witness Harris was upon the stand, the crowd laughed jeeringlywhen Mr. Arnold, one of the defendant's counsel, objected toa comment of the solicitor, and that, too, in the presence ofthe jury.And again,during the trial, when Mr. Arnold, one of thedefendant's course, objected to a question asked, the followingcolloquy took place:" Mr. Arnold: I object to that you Honor; that is, enteringthe orders on that book merely; that is not the questions heis asking now at all.The Court: What is the question he is asking now?(Referring to questions asked by the Solicitor General).Mr.

Here is the extracted text from the image: the motion of defendant's counsel to rule out the testimony ofthe witness Conley tending to show acts of perversion on thepart of the defendant and acts of immorality wholly discon-nected with and disassociated from this crime. (Such evidencebeing set out and described in grounds 13 and 14 of this motion)The Court declined to rule out said testimony, and immediatelyupon the statement of the Court that he would let such testimonyremain in evidence before the jury, there was instant, pro-nounced and continuous applause throughout the crowded courtroom wherein the trial was being had,

Here is the extracted text from the image: Q. What else?A. Some beer, some times.A. Some beer?A. Yes sir.Q. Were those ladies doing any stenographic work up there?A. I never seed them doing any writing. I never stayed there long, but I never seed them doing any writing.Q. You never saw anything of that kind going on?A. No sir.The court permitted these questions and answers to be heard by the jury, over the objection of the defendant, aforesaid, and committed error, for the reasons aforesaid. His evidence was particularly prejudicial to the defendant, because the solicitor insisted in his argument

Here is the extracted text from the image: Q. How many times?A. I don't know; three, or four, or five times.Q. Were you ever in the office of Leo M. Frank?A. Yes sir.Q. On what occasion?A. I have been there two or three times with Miss Daisey.Q. Where was Frank when you were there?A. He was in the office; I don't know whose office it was, but he was in the office.Q. Were you ever down in the basement?A. Yes sir.Q. What part of the basement did you visit? Can you tell me on that diagram (indicating).A. I have been

Here is the extracted text from the image: basement; that he saw Conley there when he went there; thatsometimes when he saw him in his office there would be ladiesthere, sometimes there would be two and sometimes one; hedid not know how often he saw Conley there, but sometimes he wou-ld give him a quarter, that he did that a half dozen or more timesthat he went to the factory about once a week for a half dozenweeks, that he saw Frank there in the evenings and in the daytimes, sometimes he would see cold drinks in the office,Coco Cola,

Here is the extracted text from the image: an average of something like anywhere from 50 to 60 or 70 cubiccentimeters, or, say from a half to a third of what was foundin this case, and it was plainly evident that none of this materi-al, had gone into the small intestine, because that wasexamined for it from the mouth out to the beginning of thelarge intestine, which is many feet away from it in the neigh-borhood of something like 25 feet away, and there was verylittle food found in the small intestine, none at all, as a factin the small

Here is the extracted text from the image: indicated in every instance,from 38 to 70 minutes in every single instance, the cabbagewas practically digested, practically altogether so.Over objections made as is above stated, the Court permittedthis testimony to go to the jury and in doing so committed prejudicial error. Experts can testify from the given state of anyscience, but cannot explain the process or results of particularexperiments made by themselves.20. Because the Court permitted the witness Harris to tes-tify as follows:"I wish to say that I made a microscopic examination of thosecontents of the stomachs, and while I found in

Here is the extracted text from the image: certain that this girl either came to her death orpossiblythe blow on her head at any rate, a very short time, perhapsthree quarters of an hour or half an hour or forty minutes,or something like that, before death occurred. I then began anumber of experiments with some gentlemen who had normal stom-ache with a view of judging of the time." I had the mother of the girl to cook some cabbage and itwas given to people with absolutely normal stomachs; that Iknow from investigations of their stomachs." I will state in general

Here is the extracted text from the image: "I discovered, as I say, at that time, that our ideas about howquickly cabbage digested were rather erroneous, and as Iremarked a moment ago, I observed that the stomach freed itselfof a mixture of cabbage and bread just about as quickly as weonly gave bread alone; the amount of recovery on the part ofthe mucous membrane in the way of sufficient gastric juiceswas about the same practically or probably a little bit morerecovery with cabbage."It is the only way I can get at it, it is the only realknowledge I have on

Here is the extracted text from the image:---17. Because the Court permitted, over the objection of defendant's counsel made when the same was offered, that the same was irrelevant and immaterial, the State, by Mangum, to testify that Conley and another party went down from the pencil factory to the jail, that he had a conversation with Mr. Frank about confronting Conley, Frank then being on the fourth floor of the jail; that Chief Beavers, Chief Lanford, and Mr. Scott, with Conley, came to the jail to see Frank, and they asked him if they could see him; that he

Here is the extracted text from the image: The Court ruled that such evidence would be immaterial, butafter this ruling the solicitor brought out the direct testi-mony and excluded. After the direct testimony supra had been brought outand excluded. After the direct testimony supra had been brought outthe cross testimony supra, here sought to be withdrawn was alsobrought out in an effort to modify or explain the directevidence. Under the circumstances the Court ought to havegranted the motion to exclude and withdraw all such evidenceand for failing to do so committed error.Movant assigns as error the action of the Court

Visible Translated Text Is As Follows: 111Mr. Frank stomping his foot. I don't know whether I told them at the time I told about helping move the body. I told it to Mr. Scott, Mr. Black, Mr. Campbell, Mr. Starnes and Mr. Dorsey. Mr. Starnes and Mr. Campbell wasn't in there sometimes when I told it. No, I didn't tell it to Mr. Scott and Mr. Black. They dropped the case and Mr. Starnes and Mr. Campbell taken it up. They come down and was talking to me for a month or more in my cell. Yes, I told Mr.

Visible Translated Text Is As Follows: 118four or five minutes. After Mr. Holloway left, I told them Mr. Quinn came in. I may have told them that a lady dressed in green was the next one. That was a mistake. A lady in green did go up before Mr. Darley came down. She came down before Holloway and Darley left. If I told the officers that she went up after they left, I made a mistake. Mr. Quinn was the next man that went up after Mr. Holloway came down. Yes, I told that yesterday. Yes, I said yesterday Mr.

Visible Translated Text Is As Follows: that done the murder. I told them that I saw those four men go up because I didn't think they saw me sitting there, and I didn't tell of seeing the other people for fear they would report on me. The reason why I told the police about those four going up there, because that was all I could remember that went up and down. I don't know when my memory got fresher about other people going up and down. I think it was after I got out of jail. I think I corrected

Visible Translated Text Is As Follows: time. It was somewhere after dinner. I can't give you any estimate. It was later than 12 o'clock. It went one o'clock, because it was four minutes to one when I came downstairs and unlocked the door. Yes, I heard the stamping before I locked the door, and I heard the scream before I heard the stamping. After he stamped for me I went and locked the door. I couldn't tell to save my life how long the door stayed locked. I was upstairs between the time I locked the door and the time

Visible Translated Text Is As Follows: at the corner of Nelson and Forsyth Street. Before we went to Montag's he said he didn't want to say anything to Mr. Darley that there was going to be a young lady there after a while, and he told me that again after we came back from Montag's. Mr. Frank gave me that signal about stamping and whistling on Thanksgiving Day and he repeated it again that day. I told yesterday how he done it, like I am telling now. I think I am telling the truth now. We had been back from

Visible Translated Text Is As Follows: went to sleep after Miss Monteen Stover came down. Thed118know how long I was asleep, may be ten or fifteen minutes. Iheard the scream before I went to sleep, before Monteen Stover.I ever went in there. Mr. Quinn had already gone. I told theofficers I didn't see Mary Phagan go up at all. I didn'ttell them I heard any scream. I don't know when I first toldthat story. I told Mr. Starnes and Mr. Campbell. That wasafter I got out of jail. I said I heard the scream before Iwent to sleep, which I

Visible Translated Text Is As Follows: back there and found a cord around her neck. When I looked at the clock it was four minutes to one. That was after I went and seen the girl was dead, and he told me to bring her up there. I was standing at the steps, I could see the clock from there. Then I went back and got a piece of striped bed tick, something like your shirt there, and wrapped it around the little girl. I taken the cloth and spread it down and rolled her up in the cloth and

Visible Translated Text Is As Follows: to write to his mother and tell her that I was a good negro.The reason I didn't take the pencil down with the shoes, it wastoo far back for me to see it, I got my hair cut last week. Mylawyer sent me barber. They gave me a bath and bought me cleanclothes. My wife gave me my shirt. I didn't read anynewspapers on Monday about this crime. It don't do me no goodbecause I can't make any out. I didn't try to read any thatday. I washed that shirt on Thursday, May 1st,

Visible Translated Text Is As Follows: Mill Carson on Monday that I was drunk all day Saturday. I didn't see her at all on Monday. I did tell Mr. Herbert Schiff on Monday that I was afraid to go on the street, that I would give a million dollars if I was a white man. I said if I was a white man I would go on out. I didn't say nothing about no million dollars because I don't know what it takes to make a million. I didn't ask Miss Small on Monday what the extra had in it

Visible Translated Text Is As Follows: here if they caught me. He would get me out on bond and send me away. I never saw Mincey before seeing him at the station house in Mr. Lanford's office. I got orders from Mr. Frank to write down how many boxes we needed and give it to him. I didn't tell Mr. Black or Mr. Scott about the mesh bag because they didn't ask me. I disremember when I first told about it. I think it was after I was in jail. I told Mr. Dorsey about it after I came out

Here is the extracted text from the image: I think some ladies were working up on thefourth floor. I don't know about the third time, and I don'tknow whether anybody was working there Thanksgiving afternoonor not, I didn't see Mr. Schiff at all that day. I will swearhe wasn't in Mr. Frank's office that day. I don't rememberwhether any ladies worked there the other times I was watch-ing, or not......I don't know whether I told them (detectives)about watching for Frank at that time - I haven't got anyopinion about it, I haven't got any recollection. He told meabout stamping and

Here is the extracted text from the image: room when he told me to watch for him that time. I don't knowif he knew Snowball was there or not. The day before Thanksgivingwhen he talked to Snowball, we were on-the elevator. Snowballcould have heard anything that was said. Mr. Frank saw Snowballstanding there-----Miss Daisey Hopkins, worked at the factory fromJune 1912 until Christmas. I worked on the same floor with her.I am sure she worked there from June until about Christmas. Shewas a low lady, kind of heavy, she was pretty, chunky, kind ofheavy weight. I remember that she was

Here is the extracted text from the image: came out and stamped right above the trash barrel. I was downstaire about the trash barrel. He told me he was going tostamp two times; then he stamped, and I opened the door, andthen I came back and sat on the box about an hour and a half.Mr. Frank says: "I'll stamp after this lady comes, and you goand shut the door and turn that night latch" That's the firsttime he told me to lock the door, and he says: "If everything isall right, you take and kick against the door". And

Here is the extracted text from the image: what you done for me last Saturday. I want to put you wise, thisSaturday". I says: "All right, what time". He says: "Oh, abouthalf past". He got back from lunch about a quarter past two,then Mr. Holloway left, and then Miss Daisy Hopkins came into hisoffice. Mr. Frank came out, popped his fingers and bowed to me-bowed his head to me, and then went back in the office. Then, Iwent down and stood by the door. I didn't look it; I shut it.I don't know what happened next! I didn't hear him

Here is the extracted text from the image: Mr. Dalton---The lady that was there was a tall built lady, heavy weight, she was nice looking, had on a blue looking dress with white dots in it, had on a greyish looking coat with kind of tails to it, white slippers and white stockings.Cross Examination------The first time I watched for Mr. Frank was sometime during last summer, about in July. I would be there sweeping and Mr. Frank come out and called me in the office. That was on a Saturday, about three o'clock. As to what Mr. Dalton would do,

Here is the extracted text from the image: he had committed murder, but because he was accused of depravity and degeneracy.When the third of the direct questions here sought to be excluded was asked by the solicitor the defendant objected because the evidence sought would be immaterial. The Court sustained the objection but the solicitor continued with the balance of the direct questions and answers here objected to and the cross questions were thereafter asked and the answers given. The Court therefore erred in not excluding and withdrawing all of said testimony.14. Because the Court erred in not ruling out,

Here is the extracted text from the image: Q. didn't you say he always gave you that signal? A. No sir,I didn't say he always gave me that signal.Q. Gave it to you Thanksgiving? A. Yes sir.Q. And repeated it to you that day again, the 26th? A. Yes sir.The witness Conley was examined by the solicitor, who broughtout the direct questions and answers supra, and was then cross-questioned by the defendant, when counsel brought out thecross-questions-and-answers supra.Thereafter, and while the witness Conley was still on thestand, Defendant's counsel moved to rule out, exclude, andwithdraw from the jury each and

Here is the extracted text from the image: Q. You can't remember whether he was there or not?A. No sir.Q. You wouldn't swear that he was not there? A. I will swearI didn't see him; I will swear he wasn't in the office withMr. Frank.Q. You swear to that? A. Yes sir.Q. Will you swear he wasn't there that day? A. I will swearMr. Irby was working in the office.Q. Thanksgiving-Day? A. No sir, he wasn't working in theoffice on Thanksgiving.Q. The next time, was there any ladies working on the fourthfloor? A. I don't remember.Q. You don't remember whether

Here is the extracted text from the image: Q. The next time you watched was right after Christmas?A. No sir, the next time I watched was Thanksgiving Day, then--Q. You said awhile ago September was after Thanksgiving?A. Yes sir, after Thanksgiving day.Q. All right. Well, now Thanksgiving Day, the day you have told about in January, who did you see there in January, I mean who of the force? A. I disremember now who I did see in January when I was there that morning.Q. You disremember? A. Yes sir, I disremember.Q. Can you remember anybody you saw there? A.

Here is the extracted text from the image: Q. Yes that is right, Well now, that day Mr. Darley was there that day? A. Yes, sir I remember seeing him there that day.Q. Was Mr. Schiff there? A. Yes sir. Wolf was there that day.Q. What time did Mr. Darley leave? A. I don't know what time he left.Q. What time did Mr. Schiff leave? A. I don't know what time he left.Q. What time did Mr. Holloway leave? A. Mr. Holloway left away from there about half past two.Q. Do you remember that? A. Yes, sir, I can remember

Here is the extracted text from the image: Q. About what time? A. Well, it was somewhere about the last ofAugust.Q. Last of August? A. Yes sir.Q. Well, now, did you see anybody that day? Was Mr.Holloway sick that day, too? He was sick that day, too, wasn'the? A. No sir, he wasn't sick that day.Q. Did you see him. A. Yes sir, I saw him that day.Q. What time did he leave that day? A. I don't know; he leftabout two o'clock I reckon.Q. Don't reckon, please, Jim, tell us if you have any memoryabout it, say so, and

Here is the extracted text from the image: Q. You don't think you saw him? A. No sir, I don't think I saw him.Q. He was sick? A. He was sick that Saturday.Q. He was sick on that Saturday? A. Two Saturdays in June.Q. He was sick one Saturday when you watched? A. Yes sir.Q. About what date was it; about what date was it, when you watched, when he was sick? A. It was somewhere about three o'clock I reckon.Q. What month was it that old man Holloway was sick when you watched? A. I don't know whether he

Here is the extracted text from the image: Q. Did he have any whiskers? A. No sir, he didn't have any whiskers.Q. And you don't remember whether he ever had any mustache? A. No sir, I can't remember whether he had a mustache or not.Q. You wouldn't want to say about that? A. No sir, I wouldn't want to say about that, because I don't remember about that.Q. Now, take the first day you said you waited there for Mr. Frank. Did you see anybody, Mr. Darley, that day about the factory, or Mr. Holloway? A. The first Saturday?Q. Yes,

Here is the extracted text from the image: seen Mr. Dalton now in about a month or more.Q. Where did you see him the last time? A. The detectivesbrought him down there to the station house, and said had Iever seen him about in there.Q. And you told them what you knew? A. Yes sir, I told them aboutwhat I knew.Q. And you haven't seen Mr. Dalton since then? A. No sir.Q. Now Jim, how was Mr. Dalton dressed the first time you eversaw him? A. Well, I disremember how he was dressed.Q. Can't you give us any help about

Here is the extracted text from the image: Q. What date was that, about when? A. I don't know, it was on aSaturday, I disremember the time.Q. That is the time you have already told about. You havedone told about that? A. Yes sir, I have done told about it.Q. This morning? A. Yes sir.Q. What month was that? A. I don't know, somewhere about thelast of August, I reckon.Q. About the last of August, you reckon? A. Yes sir.Q. When did you see him again? A. I didn't see him no more, Idon't reckon, until along up to about

Here is the extracted text from the image: Q. Then he was about the size of Mr. Arnold, Mr. Dalton was? A.Yes sir, just about that size.Q. How old a man did Mr. Dalton look to be? A. He looked to be aman somewhere about 35 years old.Q. About 35 years old? A. Yes sir.Q. You don't know where he lived? A. No sir.Q. You don't know anything about that? A. No sir. I don'tknow where he lived at.Q. How many times did you ever see him? A. I don't know aboutthat.Q. Did you see him around the factory? A.

Here is the extracted text from the image: Q. You don't remember the date now? A. No sir.Q. You don't remember his name? A. I know his name was Dalton.Q. What else besides Dalton? A. No sir, I don't know his first name.Q. You don't know where he lived? A. No sir.Q. Or where he works? A. No sir.Q. Describe Mr. Dalton to me? A. Do what?Q. Tell me what kind of a looking man Mr. Dalton was?A. He was a slim looking man, and tall with it.Q. A slim looking man, and tall with it? A. Yes sir.Q. And

Here is the extracted text from the image: Q. You say she was a white lady? A. Yes sir, and she was low and ohunky.Q. How old was she? A. I don't know how old she was.Q. How old did she look to be? A. She looked to be like about 23 years old.Q. About 23 years old? A. Yes sir.Q. Was she working there when you went there or not?A. I don't know.Q. You don't know? A. No sir.Q. The only time you can remember was that she worked from June, 1912, until Christmas, 1912? A. Yes sir, about

Here is the extracted text from the image: Q. You don't remember when she left? A. No sir, I don't remember that.Q. Was she married or a single lady? A. I don't know.Q. Now, describe Miss Daisy to us? A. Well, Miss Daisy, she was a low lady, kind of heavy, and she was pretty, low, chunky, kind of heavy weight, and she was pretty.Q. Can't you give a better description of her than that? A. No sir, that is the best I can give of her.Q. What sort of color hair did she have? A. Well, I don't remember

Here is the extracted text from the image: Q. When did Miss Daisy Hopkins work there? A. Oh, she worked in 1912.Q. 1912? A. Yes sir.Q. You are certain of that? A. Yes sir, I am certain she worked there in 1912.Q. What floor did she work on. A. She worked on the fourth floorQ. The fourth Floor? A. Yes sir.Q. And she worked there in 1912? A. Yes sir.Q. What time in 1912 did she quit there? A. I don't know what time.Q. About when, Jim? A. I don't know when she quit there.Q. What time of the year

Here is the extracted text from the image: you watched for him? A. I couldn't give you the date. I couldn't tell you the date about it at all______Q. How long was that before the day you watched for him?A. I don't know, just directly after Mr. Frank had come there.Q. That was after he had that talk with you that you are talking about? A. After he had what talk with me?Q. The one that he had with you in the elevator?A. Yes sir, that was after that time.Q. The first time you ever saw him have any talk

Here is the extracted text from the image: Q. How long had Snowball worked at the factory? A. I don't knowsir ____Q. Now, that time when you watched in January, was Snowballthere that day--I believe you said it was in January?A. Yes sir, I said I watched one time in January.Q. Well, was Snowball there? A. I don't know whether he was ornot.Q. Now, the only time you ever heard Mr. Frank say anything infront of Snowball was that time you have just mentioned?Thanksgiving is that what you said? A. Yes sir.Q. You heard him say something before Snowball then?A.

Here is the extracted text from the image: Thanksgiving morning? A. I didn't see him Thanksgiving morning,but I saw him the day before Thanksgiving.Q. That is the time when you heard him talk talking in thepresence of Snowball? A. Yes sir.Q. He didn't hesitate to talk for Snowball? A. No sir.Q. He talked before Snowball just like he did before you?A. Yes sir.Q. The first time he did that was Thanksgiving Day, that he talkedbefore Snowball? A. Not Thanksgiving Day, no sir.Q. The day before Thanksgiving? A. Yes sir, the day before.Q. When was that when you and him and

Here is the extracted text from the image: Q. Well, you know that was $1.50? A. No sir, I said it was $1.25.Q. Well, outside of the factory, do you remember what you gotfor your services? A. Outside of the factory, I remember onceI got a half a dollar, then, again, I remember getting half adollar.Q. That is when you were watching for him, you say?A. Yes sir.Q. And you got how much on Thanksgiving Day? A. I got $1.25.Q. The day before that? The day just before that, I don'tremember just how much I got from him that day.Q.

Here is the extracted text from the image: Q. When did you leave that day? A. I don't know, sirQ. Who did you see at the factory that day, that you remember?A. Well, I saw, I reckon, most everybody there.Q. Well, who do you remember seeing there? A. I remember seeingMr. Frank.Q. Do you remember seeing Mr. Frank? A. Yes sir.Q. The day before Thanksgiving? A. Yes sir.Q. Did you see him the day after Thanksgiving?A. Yes sir, I saw him the day after Thanksgiving.Q. You remember those two facts well? A. Yes sir, I rememberthose two.Q. You saw Mr.

Here is the extracted text from the image: Q. How much did you draw? A. I don't know, sir.Q. Now, that third time, on the day before Thanksgiving, thatis, three times before Thanksgiving, according to your recol-lection? A. Yes sir.Q. Now did you draw your money that week? A. Before ThanksgivingI couldn't tell you about that.Q. You don't know whether you drew your pay or whether somebodydrew it for you? A. No sir.Q. Or how much you drew? A. No sir.Q. You don't remember that, do you? A. No sir.Q. When did you draw your pay, before or after Thanksgiving,that

Here is the extracted text from the image: A. Yes sir, after Thanksgiving Day.Q. About the last of September? A. After Thanksgiving Day,yes sir.Q. About the last of September? A. After Thanksgiving Day, yessir.Q. Now Jim, you don't remember any of these dates?A. No sir, I don't remember any of these dates. I can't tellabout them.Q. Let us see how much money, you drew that Saturday that you watchedfor him? how much money did you draw that day?A. I don't know, sir.Q. What time did you draw it? A. I don't know, sir, what time Idrew it.Q. Did you draw

Here is the extracted text from the image: best recollection? A. Yes sir.Q. Of course, you don't know except from you best recollection.Then you didn't watch for him until Thanksgiving Day?A. Until Thanksgiving Day.Q. What did you do the Saturday before Thanksgiving Day? A. Idon't remember what I did.Q. What did you do the Saturday after Thanksgiving Day?A. I don't know what I did.Q. And the next Saturday? A. Well, the next Saturday, I couldtell you what I did that Saturday.Q. And the next Saturday? A. Well, I don't know, sir, what Idid the next Saturday.Q. And the next? A.

Here is the extracted text from the image: Q. You mean you watched for him one Saturday and then the secondSaturday you watched for him again? A. Then on the second Saturdayafter that, I watched for him.Q. You missed a Saturday? A. Yes sir.Q. And then you watched the next Saturday? A. Yes sir.Q. That is what you say about it now? A. Yes sir, that is what Isay now and what I said before.Q. Now the Saturday after you watched for him the second time,what did you do? A. I don't know sir, I disremember what I did.Q. You

Here is the extracted text from the image: Q. Well, I am talking about January. Is that the last time you watched for him until this time? A. Yes sir, I think it was----if I am not mistaken.Q. Well you ain't mistaken about it, are you Jim? A. I don't know sir, I couldn't tell you about that.Q. You have no recollection of any other time? A. No sir, no recollection of any other time.Q. You have got no recollection, you can't remember it, if you did? A. Well, I don't know sir-----Q. Now let us take that time about

Here is the extracted text from the image: Q. Give me a description of those young ladies?A. Well, I disremember what the ladies did have on.Q. Can't you remember what either one of them had on?A. No sir, I can't remember what either of them had on; I didn't pay much attention.Q. Can't described either one of those women at all, can you?A. No sir.Q. What sort of looking man was he? A. He was tall, slim built, heavy man.Q. Ever see him before? A. I have seen him there talking to Mr. Holloway.Q. Did he work there? A. No

Here is the extracted text from the image: Q. Broad, open daylight? A. Yes sir.Q. What time did the man and the ladies come? A. Somewhere abouthalf past two or three o'clock.Q. About half past two or three o'clock, they came? A. Yes sir.Q. They come right in? A. No sir, they didn't come right in.The two ladies stayed back; the young man, he come in. He askedme was Mr. Frank in the office; he says: "Mr. Frank put you wise?I says: "Mr. Frank put me wise, how?" He says: "Didn't he tellyou to watch the door, two ladies and

Here is the extracted text from the image: Q. You can't remember what he told you except he was going to have a man and two ladies after awhile? A. Said; "A man and two ladies will be there this evening" and I said I may can make some money off this man.Q. Said what? A. That I could get to make a piece of money off this man.Q. That was all he said to you about that? A. Yes sir.Q. Didn't tell you when they would come? A. Said be there this evening about the same time.Q. You didn't

Here is the extracted text from the image: How long was that after Thanksgiving? A. That is somewhere afterChristmas, way after Christmas, when I watched for him.Q. That was in the dead of winter, then? A. Yes sir, in thedead of winter.Q. About when? A. About January, I reckon.Q. About the middle of January, or when? A. I don't know, middlefirst or last, I can't say--somewhere in January.Q. How do you know it was somewhere in January? A. Because itwas right after the first of the year.Q. Well, if it was right after the first of the year you know

Here is the extracted text from the image: Q. Then went home? A. No sir, I went to Peters Street and stayed a good while.Q. Drank some more beer over there? A. No sir, I didn't drink no beer over there.Q. Didn't drink but one beer that day? A. I don't know, sir, how many I drank at that saloon on Forsyth and Hunter.Q. About what time did you leave the factory? A. I don't know, sir, it was a little before twelve o'clock, but I don't know what time.Q. So the girl didn't come out of the factory that

Here is the extracted text from the image: and he says: "Yes", and she says: "Well, does he talk much", andhe says: "No, he's the best nigger I've ever seen."Q. She stopped there and looked at you? A. No sir.Q. Didn't you say she stopped and asked Mr. Frank: "Is thatthe nigger?" A. She asked Mr. Frank that.Q. She stopped and said to Mr. Frank: "Is that the nigger?"A. No sir, she didn't stop.Q. She just kept walking? A. Yes sir.Q. Neither stopped, neither one of them stopped?A. No sir, neither one of them stopped at all; she just said

Here is the extracted text from the image: that you stayed there? A. I reckon so; I don't know how longexactly it was.Q. Then the lady came down? A. No sir. Mr. Frank says: "I'llstamp after this lady comes, and you go and close the door and turnthat right latch"Q. That was the first time he ever told you about the night lock?A. Yes sir.Q. The other times, he told you just to close it?A. Yes sir.Q. But that time he told you to put the night lock on? A. Yes sir,and he says: "I'll stamp, and if everything is