Leo Frank TV

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

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

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: her to close the door on her mother when she went to go out andtell her to stay there. I did not talk to Mr.Edmonson, the step-father of this little girl, right there. I never saw him but oncein my life. I did not talk to Dr. Claude Smith, the city Bacteriolog-ist. I did not talk to the two doctors who were employed by thedefense to ascertain whether or not that was blood on the secondfloor. I did not get their names or know anything about their re-ports. I made a thorough inquiry about

Visible Translated Text Is As Follows: named Mr. Burke was there and Mr. Burke didn't tell me anything and Mr. Burke and Mr. Eubanks asked me up to Mr. Burke's office, and asked me what I knew about the case, and I says, "I don't know anything at all." Eubanks told me I could make some money if I went to work on the case for them; that I was a working girl and needed the money, and I told him that I could not do it; that I didn't know anything about it. He didn't state any amount that

Visible Translated Text Is As Follows: pay Allen whatever he thinks he wants, or whatever Mr. O'Neal has promised him, and let him go on home, or wherever he wants to go, because he won't tell the truth nowhow. He knows something that would do us some good, but he is scared to tell it". Then I left his office with Mr. Bell, and he took me to the depot and he told me on the way that he thought I was the wisest colored man he ever saw or met, in not telling no lies. He told me in

Visible Translated Text Is As Follows: E. F. HOLLOWAY, sworn for the State. (being portion of testimony given on the original trial) "On Monday morning I saw Conley. Instead of being upstairs where he ought to be, sweeping, he was down in the shipping room, watching the detectives, officers and reporters. I caught him washing his shirt. Looked like he tried to hide it from me, I took it up and looked at it carefully and looked like he didn't want me to look at it at all."The State further introduced the original bill of indictment, verdict, sentence, motion for

Visible Translated Text Is As Follows: Miss Mary Phagan's purse, and that I gave the purse to a negro child; nor did I ask Annie Maude Carter to be with me; nor did she tell me "no, that was when I was down in jail". I did not make these statements to Annie Maude Carter, either in substance or in any other like language. I further state that I^Annie Maud Carter states that same is true, that she is misstating facts. I further state that such statements are untrue and are not the facts, that I did not do the

Visible Translated Text Is As Follows: Q-You do not know anything you want to sell do you? A. No sir,indeed I don't.Q. You have told us everything that happened? A. Yes sir, as faras I know.Q. You were on the floor above the office floor? A. I am on thevery top floor of the building.Q. Your little daughter says she heard you talking about Mr.Frank?A. She is sadly mistaken. My little daughter is not responsiblefor what she says.Q. How old is she? A. No sir.Q. What is the trouble? A. She tells littletales.Q. What makes her tell them. A. I

Visible Translated Text Is As Follows: 1913. On Saturday morning, April 26, 1913, I wanted to go to town to get my niece, who lives with me, some slippers. I always go to town across the Nelson St. bridge. As I reached Nelson and Forsyth Sts. I saw a negro and a white man standing on this corner talking together. The negro had his face turned towards the white man at first had his back to me, and I thought at first the white man was a gentleman I knew. As I got even with them the white man stepped

Visible Translated Text Is As Follows: Schein gang for stealing in Walton County in 1894. We all pleaded guilty. The others paid out. I don't know how long I served a shop hammer. That was case No.L. There were three cases at the same time concurrent. One of the other Daltons stole a plow and I don't know what the other one stole. I was with them Feb.1899 at the February Term of Walton Superior Court I was indicted for helping steal a bale of cotton. In Gwinnett County I was prosecuted for stealing corn, but I came clear of

Visible Translated Text Is As Follows: am going to ask you were you ever in Mr. Frank's office, meet him there between the middle of June and the 1st Saturday in January of this year, he asked if you ever met him there for any immoral purpose? A. I never met him there for anything except to get the money. But of my time."11th GROUND.MISS MARIE KARST, sworn for the State. Attached is a copy of the examination in chief and the cross examination which I gave on the trial of the case of the State vs. Leo M.Frank. Every

Visible Translated Text Is As Follows: Frank and know that he was a man. I didn't pay much attention to what the girl had to say. I talked to Solicitor General Hugh M. Dorsey in the presence of Mr. Hass Rosser, city detective. The day I went on the stand Mr. Dorsey came into the room in his office where all of the girls were assembled, including Miss Nellie Wood. Mr. Dorsey stated that the time had now come when the State would introduce evidence with reference to Leo M. Frank's general character. He said he had been over and

Visible Translated Text Is As Follows: the second time and I wasn't there, and he come again, & think it was Thursday or Friday, and I wouldn't make him no affidavit, and then he says "I will come to see you Sunday afternoon, will you be here, and I said yes sir, and he said I will be here at 2 or 3 o'clock and I said all right, and so he come out there that evening. There was nobody with him that Sunday & gave him the affidavit, and he told me, he says "there isn't one out of

Visible Translated Text Is As Follows: before the 15th of next month and if I get out I will help you all. I can Annie Bear, because I love you so much=If I tell anybody where my money is they will go and get the whole dam bunch= Then I never would get it and the State may be so long paying me, they would not know what to do then but dont you worry.

Visible Translated Text Is As Follows: down. I would write him notes, and he would write me; but he went be-yond himself in writing to me and I brought them back to him andasked him for my letters. I would lay them down and go downstairsfor something and I would come back and they would be gone, and intwo or three days, I would find them lying around in a peculiar place.I don't know whether any of these letters were dated. I didn't paythat much attention to them. He would write six or seven pages inone letter, and as high

Visible Translated Text Is As Follows: For several weeks prior to April 1,1913, Mr.Leo M.Frankpaid me a dollar a week out of Jim Conley's pay on account for awatch purchased by Conley from Patric & Thompson. I collected adollar in this manner on March 8,1913,March 15,1913,March 22,1913,March 29,1913,April 5,1913, and April 19,1913. On April 26,1913,I was unable to get to the Pencil Factory by one thirty o'clockin the afternoon, it being customary for me to go to the PencilFactory by that time each Saturday to get the dollar and I did notcall at the factory that day. On the afternoon

Visible Translated Text Is As Follows: Jom s was a witness for the State and testified at the trial that he saw Jim Conley at the corner of Forsyth Street between one and two o'clock and he left him at the corner of Hunter and Davis Streets a little after two o'clock. We did not know that he would testify to the contrary and that he wouldn't testify as is stated in his affidavit.We did not know, nor did we have any opportunity of knowing, until after the date of the trial of Leo M.Frank and after the date of

Visible Translated Text Is As Follows: to all of the facts contained in this affidavit, and to any other facts in her knowledge which may be material. Among my associates in Atlanta, Georgia, while I resided there were Mr. and Mrs. Greenblatt, Judge and Mrs. Fred Powers, Dr. and Mrs. B. Wildauer, Mr. and Mrs. J. Saul, Mr. J. Saul, and my physicians, Dr. Manget and Dr. Sommerfield.F. M. POWERS, J. D. MAMGET, Sworn for the Movant. We are acquainted with Mrs. M. Jaffe. Her character and reputation are good and Mrs. Jaffe is worthy of belief and we would

Visible Translated Text Is As Follows: MARY RICH, SWORN (Before Commissioner D.O.Smith) I knew Jim Conley on April 26,1913. I don't know whether I would know him now or not. Jim said it was Memorial Day. I saw him after the noon hour, after two o'clock. I asked a man who some along and he said, it was 2:30. Jim had gone before that time. I saw him between Madison Ave and Forsyth St. on Hunter St where I have been selling lunches for 3 or 4 years. He bought a 20¢ dinner from me and has not paid me

Visible Translated Text Is As Follows: siderably after the trial and conviction of Mr.Frank that I acquainted his lawyers with these facts, and I then told either Mr. Leonard Haas, or Mr. Herbert J.Haas, I do not now recall which. The reason that I did not know the importance of my having seen Mr.Frank at this time, I did not know that it would have any bearing upon the case and when I first learned that it would have a bearing on the case I was then reluctant to tell these facts, as I desired to avoid notoriety and publicity;

Visible Translated Text Is As Follows: OTTO SCHWAR, C.J.ASHINS and GEORGE A. TILLANDER, Swornfor movant. They are personally acquainted with Oscar Pappenheim-er; that some of his associates are T.A.Hammond, Dr.J.B.Buchanan,R.S.Wessells, G.E.Carrier, John K.ORR; that the said Pappen-heimer is a person of good moral character and credibility andthey would believe him on oathDR.H.F.HARRIS, Sworn for movant (Before a Commissioner)I am State Health Officer/ I made two examinations of the body ofMary Phagan at the request of Solicitor Dorsey. He told me he wouldsend some hair from one of the machines in the factory, and a day or solater some hair was

Visible Translated Text Is As Follows: WITNESSES SUSTAINING AFFIANTS.ALEXANDER, H. A. (Chief et al.) (Movant-rebuttal), Page 246.ALEXANDER, H. A. (W. J. Burns) (Movant), Page 79.BARRETT, MAY (Mrs. Bailey), Page 60.BARKARD, B. (George Epps) (Movant - rebuttal), Page 254.BURKE, E. ET AL. (Ruth Roberson), Page 256.BURKE, C. W., Page 240.BURKE, C. W. (Marie Karst), Page 242.BURKE, C. W. (F. E. Duffy), Page 249.BURKE, C. W. (Lillian Knight), Page 260.BURKE, C. W. (Carrie Smith), Page 265.BURNS, W. J. (Albert Knight), Page 230.CAMBELL, PAT (C. B. Dalton) (State), Page 118.CONROY, JOSEPH W. (Dewey Howell) (Movant - rebuttal), Page 266.DENNISTON, AUSTIN G. (Ruth Roberson),

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Visible Translated Text Is As Follows: mother, Mrs. Mary Barrett. If Mrs. Maud Failey and Mrs. May Barrett, who was an employee of the pencil factory at the time this thing occurred, really knew what she now would have this court believe that she does know, then one can deliberately making misstatements as to her knowledge. But as the State believes and charges, for the purpose of protecting Leo M. Frank, who saw the importance of keeping the officers ignorant that Jim Conley was where he said he was, and where the State insists he was.The state submits that the

Visible Translated Text Is As Follows: The absolute worthlessness of the evidence of Mrs. J. B. Simmons, as referred to in Ground 13 of the extraordinary motion, has been duly disposed of in replying to the ground dedicated alone to a discussion of the evidence of the said Mrs. Simmons. Also affidavit of James Conley amply refutes said charge

Visible Translated Text Is As Follows: Also, the affidavit given by Mrs. Maggie May, nee Griffin.These affidavits establish the falsity of the claims as containedin Ground 8, and show in a measure the tactics pursued by this defend-ent in his effort to overturn the verdict of guilty.

Visible Translated Text Is As Follows: State, that Magnolia Kennedy, the defendant's witness, saw thehair, they failed to ask any question,with reference to theidentity of this hair, and the State could with much more showof plausibility contend that because counsel for Frank did notask their witness this question when they knew, or ought to haveknown by diligent inquiry, that she could probably identify thehair as being that of Mary Phagan, that said attorneys for Frankwere suppressing material evidence, than can said attorneys, asthey have done in the first ground of this motion, assert thatthe State was suppressing material evidence, when

Visible Translated Text Is As Follows: ward hair which was alleged to have been found by Barrett on the lathe, and the said Cora Falta states positively that the hair on said lathe was not the hair of Mary Phagan, and that the same was entirely too light in color and was not of the same texture as that of Mary Phagan, and places in lieu thereof the following; "that she was working at the National Pencil Co., for five years past; that she was acquainted with Mr. Frank and also R. P. Barrett, and knew Mary Phagan quite well

Visible Translated Text Is As Follows: until the date of said affidavit, Exhibit E--that said Cora L. Leffew would testify as in said Exhibit E set out and could not have ascertained such by exercising due diligence.1-C. Because of the newly discovered evidence of Georgia Denham, which evidence so newly discovered is hereunto set out in an affidavit hereto attached and marked Exhibit D.Upon the original trial of movant, the State contended that Mary Phagan had been murdered in the metal room of the second floor of the factory and had been carried from that place by movant and Jim

Visible Translated Text Is As Follows: G E O R G I AFULTON COUNTY.STATE OF GEORGIA ) VS. ) Fulton Superior CourtLEO M. FRANK. ) Extraordinary motion for new trial.Before the undersigned, personally appeared Leo M. Frank,who upon oath deposes and says that the facts in the aboveand foregoing amendment for new trial are just and true, asthey stand stated.(Signed) Leo M. FrankSworn to and subscribed before methis 23rd day of April, 1914.(Signed) O. W. Burke,Notary Public, Fulton County, Ga.

Visible Translated Text Is As Follows: trial of said case, the state insisted that Leo M. Frank carried the deceased, Mary Phagan, back to the metal room in the rear of the factory and killed her, whereas the testimony of this witness shows that the said Mary Phagan went into said Frank's office and came out and that when she came out and went down the steps, that Frank was still in his office. Movant further shows that said testimony completely repudiates the evidence of the negro Jim Conley and corroborates to the fullest extent the testimony of the witness

Visible Translated Text Is As Follows: a drink where it is claimed he was met by Iva Jones and that Jones and Conley went towards home of Conley together.Jones has since testified, and will as the defendant isinformed and believes, now testify, that he met no one in saidsaloon nor on his way by the saloon to his home, except BuddyPerry, meeting him at Davis and Hunter StreetsNeither the defendant nor his counsel had any reason tobelieve that Ivy Jones was telling other than the truth when hetestified to seeing Conley in said saloon, and had no possiblemeans of knowing,

Visible Translated Text Is As Follows: far as she knew or knows is bad for lasciviousness; that she has never heard of the defendant acting in any unbecoming manner toward anyone; that she has at no time seen any woman in the defendant's office and never heard any girl or woman say that they had ever seen any woman in defendant's office or had seen the defendant act unbecoming to ladies, that the defendant always made the girls at the factory attend strictly to business and that when she testified his character was bad at the original trial, she intended

Visible Translated Text Is As Follows: 1:30 o'clock, on that day, assisting the said Conley to move the body from the second floor to the basement.The defendants here and now offers to show and prove to the Court all of the facts herein set forth, and swears to the existence of these facts as the truth, and asks the Court to investigate them in this extraordinary motion.Defendant further submits that the discovery of the foregoing facts is material, and that it is such an extraordinary state of facts as would probably produce a different result on another trial; that said

Visible Translated Text Is As Follows: The Solioitor General likewise alluded to the finding of this hair in his brief before the Supreme Court of Georgia.The defendant further shows that it was one of the strong contentions of the state that Mary Phagan had been inveigled by Frank into the metal room on the second floor of the factory and he had there murdered her. The negro Conley in his testimony stated that he found Mary Phagan in the metal room, dead, and that Frank engaged him to conceal her in the basement of the factory. The witness Barrett testified

Visible Translated Text Is As Follows: builds up that story as additions may be needed, he is assured that the detectives will save him as far as possible from court and Grand Jury, and will, so far as they can, fix upon him no greater crime than that of a misdemeanor.12. Conley and his counsel are wise. There is for them no other hope than for the detectives to keep Conley and save him from a confession that he committed the crime, giving him immunity, provided he continues to put the guilt on Frank.Respectfully submitted,Rosser & Brandon,Attys. for Leo Frank.Order

Visible Translated Text Is As Follows: case above stated shall be terminated, or until said Connally shall be otherwise released by proper order of Court.This May 29, 1913.(Signed), Hugh M. Dorsey,Sol. Gen. Atlanta Circuit.Georgia, Fulton County,Comes now Hugh M. Dorsey, who being duly sworn, deposes and says the allegations in the above petition are true so far as they come within his knowledge, and so far as derived from the information of others he believes them to be true.Attested, May 29, 1913.(Signed), Hugh M. Dorsey.John H. Jones, (Signed)N. P. Fulton Co., Ga.The above and foregoing petition read and considered.Let the

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Visible Translated Text Is As Follows: room, carrying her on my right shoulder, and she got too heavy for me and she slipped off my shoulder and fell on the floor right there at the dressing room and I hollered for Mr. Frank to come there and help me, that she was too heavy for me, and Mr. Frank come down and he told me to pick her up, damn fool, and he run down there to me and he was excited, and he picked her up by the feet, her head and feet went sticking out of the cloth

Visible Translated Text Is As Follows: Date.................... 191_Order No................NATIONAL PENCIL CO. ATLMANUFACTURERSShip to...........................................................Ship When.........................................................Remarks:Stock No. | Amount | Name of Remarks

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 26.Requisition sheet in handwriting of Leo. M. Frank, as follows:House No.7188Date_April 26, 1913SalesmanBill to J.D.P.Order No. 4/23/13NATIONAL PENCIL CO.MANUFACTURERSAtlanta,Ship to_F.W.W.Co. #68 Terre Haute,Ship When_at onceRemarks:Ind.Date_April 28, 1913Sales No. Amount Name of Remarks37 135 345 2120 2155 3920 1910 1CompleteO.K.HGSDateCompleteShipmentApr. 28, 1913Shipped CompleteApr. 28, 19132701270

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 7—Continued.Three pencil sheets (the last two of which are in Frank's handwriting), part of data for financial sheet.NATIONAL PENCIL COMPANY, Atlanta, Ga.F A C T O R Y P E N C I L S T O C K R E C O R D Week Ending April 17, 1913DATE 60x S.P. 50x S.P. 40x S.P. 30x S.P. 20x S.P. 10x S.P. 8x S.P. 7x S.P. 6x S.P. 5x S.P. 4x S.P. 3x S.P. 2 1/2x S.P. 2x S.P. 1 1/2x S.P. 1x S.P. 3/4x S.P. 1/2x S.P. 3/8x S.P. 5/16x S.P.

Visible Translated Text Is As Follows: 176 .................................................. 254177 .................................................. 189178 .................................................. 190179 .................................................. 191180 .................................................. 192181 .................................................. 193182 .................................................. 194183 .................................................. 195184 .................................................. 196185 .................................................. 197186 .................................................. 198187 .................................................. 199188 .................................................. 200Date April 26, 1913.Solicitor Dorsey stated in open court that he had made the erasure noted on this time slip, supposing it to have been put there by the detectives, the words erased being "Taken out 8:26 a. m."DEFENDANT'S EXHIBIT 3.Data sheet, being part of financial sheet.PRODUCTIONS: WEEK-ENDING 4/24/13Gross Production 2765.5.Net Production 2719.5.Repacked good 10.Repacked cheap 36.Value repacked $70.00.Rubber inserted 720.Rubber cheap 667.5.Rubber good 706.5.Lead good 747.Lead cheap

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Visible Translated Text Is As Follows: RE-DIRECT EXAMINATION,288160 cubic cc. of liquid in the stomach taken out nine days afterwards would be a little in excess of what I would consider normal under the conditions already named.DR. GEORGE M. NILES, sworn for the State in rebuttal.I confine my work to diseases of digestion. Every healthy stomach has a certain definite and orderly relation to every other healthy stomach. Assuming a young lady between thirteen and fourteen years of age at 11:30 April 26, 1913, eats a meal of cabbage and bread, that the next morning about three o'clock her dead

Visible Translated Text Is As Follows: she had with us. She didn't say anything with reference to Mrs. Frank having stated anything to her mother on Sunday morning. The affidavit does not contain anything that she did not state that day. Before she made that affidavit, she said he did eat dinner that day. She finally said he didn't eat any. At first she said he remained at home at dinner time about half an hour or more. She finally said he only remained about ten minutes. At first she said Albert McKnight-was not there that day. She finally said

Visible Translated Text Is As Follows: 218prove it. The nigger says he can't write and we feel that he can write." I said: "I know he can write, I have read many notes from him asking me to loan him money. I have received from him many notes from him not to know that he can write. In other words, I have received notes signed with his name, purporting to have been written by him, though I have never seen him to this date use a pencil." I thought awhile and then I says: "Now, I tell you; if you

Visible Translated Text Is As Follows: and I stopped and-discussed it with them, and I was about to leave them when Henry Bauer came along in his automobile and stopped where I was and he asked me what I knew about it, and I had to stop and talk with him; and I finally got loose from him and went over to the home of Mr. Ursenbach on the corner of Pulliam and Washington. The child when I arrived there, I found Mr. and Mrs. A. D. Marcus, Mr. and Mrs. Charlie Ursenbach, and my wife, and a little later

Visible Translated Text Is As Follows: I always make out and mail to Mr. Oscar Pappenheimer (Defendant's Exhibit 46), who was formerly a member of the Board of Directors, though he is not now. The other signed Defendant's Exhibit 48. I always invariably sent to my uncle, Mr. M. M. Frank, no matter where he is, who is president of the company. On this particular Saturday, my uncle had during the week ending April 26th, gone to New York, stopping at Hotel McAlpin, preparatory to taking his annual trip abroad for his health, he being a sick, feebl old man.

Visible Translated Text Is As Follows: 189duction for April 18th, 19th, 22nd and 23rd, but he had omitted the entry for the 24th, and the 24th not being there, of course it was not totaled or headed, so it became necessary to look in this bunch of daily reports (Defendant's Exhibit 4a, 4b, 4c, 4d,) which was handed in, and then place them in, forelady, sort out the various pencils noted on there, and place them in their proper places. Before proceeding further on that, I want to call your attention to the fact that we use this sheet (Defendant's

Visible Translated Text Is As Follows: 189duction for April 18th, 19th, 22nd and 23rd, but he had omitted the entry for the 24th, and the 24th not being there, of course it was not totaled or headed, so it became necessary to look in this bunch of daily reports (Defendant's Exhibit 4a, 4b, 4c, 4d) which was filled in every day by the packing forelady, sort out the various pencils used on there, and place them in their proper places. Before proceeding further on that, I want to call your attention to the fact that we use this sheet (Defendant's

Visible Translated Text Is As Follows: were typed on April 25th. Friday, were shipped on April 24th, and bear date at the top on which the shipment was made, irrespective of the date on which these are typewritten; in other words, the shipments took place April 24th, and that date is at the top typewritten, and a stamp by the office boy at the bottom, April 24th. Among other things that the S. H. Kress Company demands is that on their orders, you must state whether or not it is complete, the number of the store, and by which railroad

Visible Translated Text Is As Follows: .169he was there. I know the characteristics of the boys very well. No, I can not tell what Frank did when he was in the class room.V. H. KRIBGSHABER, sworn for the Defendant.I live in Atlanta. I have known Leo Frank for about three years. His general character is good.CROSS EXAMINATION.I did not come in contact with him frequently. I am a Trustee of the Hebrew Orphans Home and Mr. Frank is also. I met him once a month there. I don't know how long he has been on the Board. I have met

Visible Translated Text Is As Follows: 159DR. WILLIS F. WESTMORELAND, sworn for the Defendant.DIRECT EXAMINATION.A practicing physician for twenty eight years, general practice and surgery. A professor of surgery for twenty one, and formerly president of the State Board of Health. If the body of a girl between thirteen and fourteen years old was embalmed about ten hours after death, after taking out a gallon of fluid and putting in α-gallon of embalming fluid, of which 8 per cent. is formaldehyde and the body was buried and nine or ten days after upon a post mortem examination a cut an

Visible Translated Text Is As Follows: shaft to the place where the body of the young lady is said to have beenfound, and 80 feet from the front of the elevator shaft to the trash pile and90 feet from the elevator shaft to the boiler, and 116 feet from the elevatorshaft to the colored people's toilet. It is 50 feet from the elevator to theback stairway. The chute as shown on the page 2 of the plat is five feet wideand 15 or 20 feet long. It empties upon a platform in the basement abouteight or ten feet from the

Visible Translated Text Is As Follows: 189in to view the body Mr. Frank was standing outside talking with Mr. Schiff and Mr. Darley. Mr. Frank went in to view the body later on, ten or twenty or thirty minutes later. I was sitting down waiting for the rest of the men while he went there. Zigank was sitting with me. I don't know whether Mr. Frank went in the room to see the body or not. Mr. Frank was nervous when he got there, and when he came out just the same. Just the same expression he has got on

Visible Translated Text Is As Follows: 129and stayed about an hour. He talked to me, my stenographer, Miss Hattie Hall, and Mr. Gottheimer, one of the salesmen. Up to about a year ago I went to the factory almost every Saturday afternoon. Mr. Frank would always be working at his desk on the financial sheet. The telephone in my house is about 20 feet from my bed. I didn't hear it ring Sunday morning. My wife was aroused by its ringing and she waked me. The man at the other end asked me if I could identify a girl that

Visible Translated Text Is As Follows: 119seen girls once or twice come in with their fingers mashed come into the toilet room and go to the sink after they had washed their fingers. I don't know when I heard that Mrs. White said that she had seen a negro sitting on the box. I think I read it in the paper sometime that week. The big spot of blood I was talking about was occasioned by the girls whose sickness was on them. I have never seen Mr. Frank or anybody else have anybody down at the office at any

Visible Translated Text Is As Follows: 109were washing right then. When we came out we saw Mr. Frank at his desk in his office writing. Mr. White borned off from him. He did not look nervous or unusual. You can look down from the landing on the third floor and see whether anything is being put in or taken out of the elevator on the office floor. White and I on the fourth floor could have gone anywhere in the building that day. It was open to us.CROSS EXAMINATION.We were working about 40 feet from the elevator. There were crocus

Visible Translated Text Is As Follows: 99and entered and how he figured it.) In my opinion it would take a prettyswift man three and a half hours.CROSS EXAMINATION.A man's familiarity with a special class of work will aid materially inmaking it up. If he had had to get up the information which was furnishedme it would take him a good deal longer than it did me, for the informationwas already furnished me. I have allowed for his experience and familiaritywith the business, in the way of saving time, in making my estimate. I havetried to make my figures sufficiently conservative

Visible Translated Text Is As Follows: 89packed 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 2500 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 other and the wrapper goes around it. The assortment boxes don't take skeletons, the cheaper pencils do. He had to know the

Visible Translated Text Is As Follows: remember the time. I never saw Conley on April 26th. If he was there he was skulking around and hiding. I never saw McCrary talk to him that day. On Monday morning I saw Conley, instead of being upstairs where he ought to be sweeping, he was down in the shipping room watching the detectives, officers and reporters. I caught him washing his shirt. Looked 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

Visible Translated Text Is As Follows: back from Montag's. It may have been about 11 o'clock. Miss Mattie Smithleft the factory somewhere about 9:30. It was after we got back from Montag'sthat I saw Mr. Darley leave. Mr. Holloway and the peg-legged negro wentupstairs and came down before Mr. Darley left the factory. They could haveseen me sitting on the box, as they came out the factory. Mr. Holloway leftabout 10 or 15 minutes after Mr. Darley left. It may have been four or fiveminutes. After Mr. Holloway left, I told them-Mr. Quinn came in-I may havetold them that a

Visible Translated Text Is As Follows: Frank told me to come to his office. I have never seen any cot or bed down in the basement. I refused to write for the police the first time. I told them I couldn't write.CROSS EXAMINATION.I am 27 years old. The last job I had was working for Dr. Palmer. I worked for him a year and a half. I worked before that for Orr Stationery Company for three or four months. Before that I worked for S. S. Gordon. Before that I worked for Adams Woodward and Dr. Honeywell. Got my first

Visible Translated Text Is As Follows: 49surface and a great deal of hemorrhage in the surrounding tissues. The dilation of the blood vessels indicated to me that the injury had been made in the vagina some little time before death. Perhaps ten to fifteen minutes. It had occurred before death by reason of the fact that these blood vessels were dilated. Inflammation had set in and it had been an appreciable length of time for the process of inflammatory change to begin. There was evidence of violence in the neighborhood of the hymen. Rigor mortis varies so much that it

Visible Translated Text Is As Follows: of the clock Sunday morning had been punched regularly. I made the same mistake standing right-there by his side. I didn't see Mr. Frank date the slip. It ought to have been dated the 26th. The slip I saw didn't have any time on it except the watchman's time. I don't know whether I would know it or not, to identify. The slip-404, not made in-duplicate. As to whether there is any mark on the slip to enable any one to identify it, as the one taken out that night, my memory is that

Visible Translated Text Is As Follows: RE-DIRECT EXAMINATION.The pencils are painted on the third floor. There isn’t any paint used at all in the factory only in the polishing room, except on the third floor.B. B. HASLETT, sworn for the State.I went to Mr. Frank’s house Monday morning after the murder, about 7 o’clock. I went out there and got him and took him to the station house. He was at the station house two or three hours. I told him Chief Lanford wanted to see him.CROSS EXAMINATION.I saw Mr. Rosser and Mr. Haas at the station house about 8:30

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: Q. They went up to Mr. Frank's office?A. I don't know, sir, where they went after that, after they went up-stairs, I don't know where they went after they got upstairs.Q. You were near enough, wasn't you to see?A. No, sir, I was at the door.Q. You don't know which way they went?A. I saw them when they turned that way, towards the clock.Q. You say it was about half past two?A. Yes, sir, it was about half past two or three o'clock.Q. How long did they stay there that time?A. Stayed there, looked

Visible Translated Text Is As Follows: Q. Give us the best estimate you have got?A. Well, some time half past, I reckon.Q. Sometime half past; half past what—half past two or half past three?A. It was half past two, I reckon.Q. He came back you say. What made him come; did he come back and hunt you?A. No sir, he didn’t hunt me.Q. Where were you?A. I was standing by the office when he got there.Q. Then he came in there with you?A. Yes, sir.Q. What did he say to you?A. He told me, he said: “She be here in

Visible Translated Text Is As Follows: Q. What time would you usually get back there?A. I would leave away from there about half past twelve, ring out the clock, and come back about half past one or two o'clock.Q. Would you ring in again?A. Yes sir; sometimes I would and sometimes I wouldn't.Q. The first time you say you ever watched, you say you watched for Frank and somebody else last July?A. Yes, sir.Q. You don't know who the man was?A. Yes, sir, I know who the man was.Q. Who was he?A. A man named Mr. Dalton.Q. Where is he?A.

Visible Translated Text Is As Follows: INDEX—Continued.GROUND 80 ................................................ Page 103" 81 ................................................ " 103" 82 ................................................ " 103" 83 ................................................ " 104" 84 ................................................ " 104" 85 ................................................ " 104" 86 ................................................ " 104" 87 ................................................ " 105" 88 ................................................ " 105" 89 ................................................ " 106" 90 ................................................ " 106" 91 ................................................ " 108" 92 ................................................ " 108" 93 ................................................ " 110" 94 ................................................ " 110" 95 ................................................ " 111" 96 ................................................ " 112" 97 ................................................ " 113" 98 ................................................ " 114" 99 ................................................ " 116" 100 ............................................... " 118" 101 ............................................... " 119" 102 ............................................... " 121" 103

Visible Translated Text Is As Follows: 20. Plaintiff in error contends that the court in deciding upon the case, overlooked the following material facts in deciding upon the admissibility of the witness Conley's testimony. The court decided as counsel for plaintiff in error

Visible Translated Text Is As Follows: 8.-- Because the Court, in rendering the decision in said case, overlooked the following material facts in the record, to-wit, Ground 26 of the motion for new trial, which reads as follows:"Because the Court, in permitting the witness Harry Scott, to testify over the objection of defendant, made at the time the testimony was offered, that he had received information from Conley, and nothing upon the defendant, that he had not otherwise gotten from other sources, but that he got his information as to that from entirely outside sources, and wholly disconnected with the

Visible Translated Text Is As Follows: bend all their power and ingenuity in holding him to his present statement, adding to and taking therefrom only such things as will aid its plausibility. I am informed that Lemford is a fair man to the ordinary-minded man, but how can he be fair to this ignorant negro? What chance would he have to retract any lies he may have told or if in a repentant mood, he should wish to tell the truth? This negro in the city prison, in the power of Lemford, apart from all questions of truth, would be

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 88a,b,c,d,eFive jars containing contents of stomach taken from different parties who had eaten cabbage and bread.DEFENDANT'S EXHIBIT 89.Extract from the minutes of Walton Superior court showing three indictments for larceny from the house against C. B. Dalton, at the April Term,1894 of said court. Pleas of guilty in each indictment and a fine of $50. and twelve months in the chain gang sentence in each case. Also indictment of C. B. Dalton, at the February Term,1899 of Walton Superior Court for stealing bale of cotton. Plea of not guilty, and verdict of

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 51.Twelve cancelled checks drawn on the Atlanta National Bank, signed by Leo M. Frank as follows:No. Date Amount Payee Endorsements460- 4/12/13 - $20.00 - Mrs. L. M. Frank Mrs. L. M. Frank Chamberlain-Johnson-DuBose Co.451- 4/12/13 - 1.50 - West View Floral Co. West View Floral Co.452- 4/12/13 - 12.54 - Haas & Co. Haas & Co.453- 4/9/13 - 32.50 - Rivers Realty Co. Rivers Realty Co. American Natl. Bank454- 4/9/13 - 5.00 - Mrs. A. Selig Mrs. A. Selig S. Schloss Co. Travelers Bank & Tr. Co.454- 4/6/13 - 4.75 - S.

Visible Translated Text Is As Follows: tomorrow, and I went and changed shoes and pulled off the pants andput on my hat and come down at 10 minutes to 10, and didn't goback any more until Tuesday morning and went to work at Tuesdaymorning and got through with my work and went downstairs abouthalf past 9 and there was such a crowd down there I didn't staylong, and I come back up the aisle and went to taking up some trashand about half past 10 or 11 o'clock, Mr. Frank come back up theaisle and leaned over the table right

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 52.Requisition sheet in handwriting of Leo M. Frank, as follows:House No. 7194 Date Apr. 26, 1913 Order 191Salesman H.G. Order No. 4/25/13Bill to NATIONAL PENCIL CO., ATLANTA.MANUFACTURERSShip to Earlell Bros. Co. At 619-659 Clay st.Ship When At once Dubuque, IowaRemarks:Sales No. Amount Name or Remarks May 6, 1913480 5 5 ✓210 5 5 ✓55 25 5 ✓20 20 5 ✓30 25 5 ✓O.K. H.G.S. Complete(Shipping ClerkInclude all B.'s with this)datecompleteshipmentMay 6, 1913SHIPPED COMPLETEMay 6, 19132756410

Visible Translated Text Is As Follows: Page 56 7 Home Order Book DEFENDANT'S EXHIBIT 12.Salesman Ship to Kind No. Qty State date rec'd how ship Page 57.7187-D.R. E.W. Co. 557 Reg. 24/12 St. Joe, Mo. 4/26/13 at once 4/28/137188-D.R. " 468 " 4/26/13 Peru, Ind. 4/26/13 " " 4/28/137189-D.R. " 455 " 4/26/13 Logansport, Ind. 4/26/13 " " 4/28/137190-D.R. " 458 " 4/26/13 Pekin, Ill. 4/26/13 " " 4/28/137191-D.R. " 425 " 4/26/13 Wilke barre, Pa. 4/26/13 " " 4/28/137192-D.R. " 262 " 4/26/13 Saginaw, Mich. 4/26/13 " " 4/28/137193-Mich. 300 5 210 " 4356-Sault Ste. Marie, Mich. 4/26/13 "

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT "40"Report of tip deliveries from tip plant, being part of data for financial:"Weekly report of Metal Dept. #18April 24, 1913.Large hyalet Mach. 804Small " " 440Brazing " 644Knurling " 885Tips delivered#5 850#10 448#12-Redipped 35#17 641,877(Signed) J.A. Quinn

Visible Translated Text Is As Follows: STATE'S EXHIBIT 2Miss Hattie Hall's testimony before Coroner's inquest, as follows:-"He (Mr. Frank) came to Montag's office and I went to his office. I went to his office after he went to his, somewhere between 10:30 and 11. I didn't notice the clock. Ask to whether I got any financial sheet on Monday, or not, I remember the previous Saturday I was at the pencil factory and I helped him make up the financial sheet. I filled in part of it, I suppose by that he must have got at up. I transferred some

Visible Translated Text Is As Follows: S. L. ASHER, Sworn for the defendant, in sur-rebuttal.About two weeks ago I was coming to town between 5 and10 minutes to one on the car and there was a man who was talkingvery loud about the Frank case and all of a sudden he said,"They ought to take that damn Jew out and hang him anyway". Itook his number down to report him.CROSS EXAMINATION. I have not had a chance to report since ithappened.ADDITIONAL STATEMENT MADE BY DEFENDANT,LEO M. FRANK.In reply to the statement of the boy that he saw me talk-ing to

Visible Translated Text Is As Follows: CROSSEXAMINATION. I was ten feet from the woman. I didn't notice her very particularly. I did not speak to them.W.T. HOLLIS, Sworn for the State in rebuttal.I don't remember talking to J. D. Reed on April Monday April 29, and telling him that George Epps was with Mary Phagan on my car together. I didn't tell that to anybody. I say like I have always said, that if he was on the car I did not see him.J. D. REED, Sworn for the State for rebuttal.Mr. Hollis told me on Monday April 29, that

Visible Translated Text Is As Follows: would not talk, she said she didn't know anything about it. I told her that Albert made the statement that he was there Saturday when Mr.Frank came home, and he said Mr.Frank came in the dining room and stayed about ten minutes and went to the sideboard and caught a car in about ten minutes after he first arrived there, and I went on and told her that Albert had said that Minola had overheard Mrs.Frank tell Mrs. Selig that Mr.Frank didn't rest well and came home drinking and made Mrs. Frank get out

Visible Translated Text Is As Follows: ever said he couldn't write. I was sitting in that cell in the Fulton County Jail--it was along about April 12th, April 13th or 14th--that Mr. Leo Gottheimer, a salesman for the National Pencil Company, came running over, and says, "Leo, the Pinkerton detectives have suspicion of Conley. He keeps saying he can't write; these fellows over at the factory know well enough that he can write, can't he?" I said: "Sure he can write." "We can prove it." The nigger says he can't write and we feel that he can write." I said,

Visible Translated Text Is As Follows: room, and we have had accidents there, and by the way, in reference to those accidents, the accidents of which we have had records, are not the only accidents that have happened there; for instance, a person cuts a finger; that is an accident, we give first aid to the injured in the office, and we don't have any report on that, the only reports we have are of those accidents that incapacitate the health, where they demand the money for the time that they have lost due to the accident, and we will

Visible Translated Text Is As Follows: Virgind. I chatted with them a few minutes, and I noticedthat the people who were going in to see the body were standingin line and moving in, and that others from the factory weregoing in and I thought I would go in too and pay my respects,and I went and stood in line, and went into the room again andstaid a few minutes in the mortuary chamber; the little girlhad been cleaned up, her hair had all been cleaned and smoothedout, and there was a new white sheet over the rest of herbody. I

Visible Translated Text Is As Follows: Lee it would be all right to pass Gantt in, and Gantt went in. Newt Lee closed the door, locking it after him,---I heard the bolt turn in the door. I then walked up Forsyth Street to Alabama, down Alabama to Broad Street, where I posted the two letters,---one to my uncle, Mr. M. Frank and one to Mr. Pappenheimer, a few minutes after six, and continued on my way down to Jacob Whitehall and Alabama Street store, where I went in and got a drink at the soda fountain and bought my wife

Visible Translated Text Is As Follows: and credit sides of a ledger is the Value", "gross Value"of the goods which have been packed up during a given week.Down here below you will notice "Less repacked." You rememberthe repacked, that I told you about, the pencils taken out ofstock and repacked to make them move better. That value isdeducted, so that it won't allow error to enter into thisfigure. Then we take off 12% down at the bottom. That12% allows for freight allowance, cash discounts, insidetrade discounts, and possibly other allowances, and gives usthe net value or the net amount of

Visible Translated Text Is As Follows: the name of the customer, if he was a business in a sufficient quantity. Well, I had to go through this report for Thursday, handed in by Miss Flowers, the forelady of the packing department, as she said, on Friday I had to go through it and make the entries. Now, after I made the entries, I had to total each number for itself; that is, the number of 10-X, 20-X, etc. Now, I notice that both of the expert accountants who got on the stand, pointed out errors. While those errors are trivial,

Visible Translated Text Is As Follows: the Manager or the Clerk of the Manager or some one in thatF. W. Woolworth store. Here is one from Wilkesbarre itself(Deft's. Ex. 18), that is from the head office itself. Hereis one from St. Joseph, Mo. (Deft's. Ex. 14) viz. St. Louis, thatbears the validation stamp of the St. Louis head office. Yougentlemen understand these people are great big people, a greatbig syndicate, and they have to do their clerical work accordingto a system that is correct. Now, then, that was the firstoperation on these orders after we separated them from theother mail,

Visible Translated Text Is As Follows: It is very important that the prices be correct, that the amount of goods shipped agree with the amount which is on the invoice, and that the terms are correct, and that the address is correct, and also in some cases, I don't know whether there is one like that here, there are freight deductions, all of which have to be very carefully checked over and looked into, because I know of nothing else that exasperates a customer more than to receive invoices that are incorrect; moreover, on this morning, this operation of this

Visible Translated Text Is As Follows: REDIRBCT EXAMINATION. My father made me quit, after the murder. There are two windows in the dressing room opening on Forsyth St. I think there had been some complaints of the girls flirting through those windows. I have heard of some of the girls flirting through the windows. The orders were against the girls flirting through the windows. Mr.Frank never came into the room at all, he pushed the door open and just looked, my sister and I were both dressed when Mr.Frank looked in the door. The other time that he came in

Visible Translated Text Is As Follows: REDIRECT EXAMINATION. That cabbage doesn't look (State's Exhibit G)as if it had been chewed at all. Cabbage chewed that way would behard to digest.JOHN ASHLEY JONES, sworn for the defendant.I have known Mr. Frank about a year and eighteen months. Hisgeneral character is good.CROSS EXAMINATION. I am a resident agent for the New York LifeInsurance Company. I don't know any of the girls at the pencilfactory. I have never heard any talk of Mr. Frank's practices andrelations with the girls down there. Mr. Frank has a policy ofinsurance with us. It is our custom

Visible Translated Text Is As Follows: lack of acidity,starch or the lack of starch,maltase or the lackof maltase. The conditions are too variable. A great many thingsretard digestion, such as excitement, anger and grief. Formalde-hyde stops all formed processes of the pancreatic juices, andafter a body was embalmed with it I would not expect to find thepancreatic juices. It also destroys the pepsin, so that 10 daysafter death in the case of a body embalmed with formaldehyde noaccurate opinion could be given as to how long the cabbage (State'sExhibit G) had been in the stomach. Each stomach is a law

Visible Translated Text Is As Follows: CROSS EXAMINATION. There are ashes and cinders along the walk in the basement. Mr. Schiff showed me the point where the body was found. I made every calculation from the point that Mr.Schiff showed me. I made my diagrams within about a month. About two feet of the wall prevents seeing from the door in Mr.Frank's office to the stair way. You can only see a part of the past clock and doesn't take in the West cab at all.REDIRECT EXAMINATION. There will be no difficulty about one person going down the scuttle hole

Visible Translated Text Is As Follows: show it to MR. BLACK. I showed him the club and the envelope. I turned them over to MR. PIERCE, the paper intendent of our agency. I don't know where he is - nor MR. HAASFIELD either.JOHN FINLEY, sworn for the defendant,I was formerly master machinist and assistant superintendent of the pencil factory. I have known MR. FRANK about five years. His character was good.CROSS EXAMINATION. I am now superintendent for Jettler Bros. They are not related to the FRANKS. I left the pencil company about three years ago. I have never heard anything

Visible Translated Text Is As Follows: The employees used the back stairs stairs leading from the metalroom to the third floor. You can hear the elevator running if themachinery is not running. It makes a roaring noise and you can hearit on any floor. The motor makes a noise, and you can see the wheelsmoving on the fourth floor. I know Jim Conley's general characterfor truth and veracity, it is bad. I would not believe him on oath,I wouldn't believe him on oath, because him and his whole familylied to me.CROSS EXAMINATION. I never associated with Jim. No. I ain't

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

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: 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: 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: 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: 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: 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: 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

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

Visible Translated Text Is As Follows: the corner of Nelson and Forsyth Street before I went to the factory. Yes, I told them I went from Peters Street and met him at the corner of Nelson and Forsyth before I went to the factory. As to why I told them that story, because I did meet him there. No, I didn't go straight from Peters Street to the factory. I met him at the corner of Nelson and Forsyth as I told them. I went straight from Peters street to the pencil factory. I don't remember when the first time

Visible Translated Text Is As Follows: thing to Mr. Herbert or Mr. Darley about what's going on around here."" Next time I watched for him was on Thanksgiving Day. I met Mr. Frank that morning about eight o'clock. He said "A lady will be in here in a little while, me and her are going to chat, I don't want you to do no work, I just want you to watch." In about half an hour the lady come. I didn't know that lady, she didn't work at the factory. I think I saw her in the factory two or

Visible Translated Text Is As Follows: turned around and went on up the ladder, and I noticed her hat and allipper and piece of ribbon and I said, "Mr. Frank, what am I going to do with these things?" and he said, "Just leave them right there," and I taken the things and pitched them over in front of the boiler, and after Mr. Frank had left I goes on over to the elevator and he said, "Come on up and I will catch you on the first floor," and I got on the elevator and started it on to

Visible Translated Text Is As Follows: sie of each cabbage varies, not only in the plant but from the way it is cooked. It is a very vague matter as to what influences retard digestion. Every individual is almost a law unto himself. To a certain extent different vegetables affect different stomachs different ways, but the average normal stomach digests anything that is eaten within reason. Some authorities claim that exercise will retard digestion. I don't know that mental activity would have very much effect in retarding the digestion. It is the generally accepted opinion that food begins to pass

Visible Translated Text Is As Follows: I DON'T know whether it was blood or not. It looked like blood.R. M. LASSITER, Sworn for the State.I am a city policeman. On Sunday morning, April 27th, I found a parasol in the bottom of the elevator shaft. It was lying about the center of the shaft. I also found a ball of rope twine, small wrapping twine, and also something that looked like a person's stool.CROSS EXAMINATION.I noticed evidence of dragging from the elevator in the basement. As I passed the rear door at 12 o'clock, the door was closed. The umbrella

Visible Translated Text Is As Follows: found all over the building for this reason, they write an order, and sometimes fail to get the carbon under it, and other times they have to change the order and tear it out and throw it in the waste basket in the office and from there it gets into the trash. That kind of little pad is used all over the factory. The foreladies make their memorandum on that kind of tablet. You will find them all around. It is one of the biggest wastes around the place. They are all over the

Visible Translated Text Is As Follows: 50have two clocks. One runs to 100 and the other runs from 100 to 200. Each employee has a number. That is the reason we have two clocks. When Miss Mattie Smith came in she discovered a mistake about her time by the time she reached the clock. Mr. Frank and Mr. Darley corrected it in the office and then she left. Mr. Frank got back from Montag's about 11 o'clock. He had with him the folder in which he carries his papers. Nobody was with him when he came back. He went right

Visible Translated Text Is As Follows: report that to you. I reported the active of our conference. - No, I did not say anything about Mr. Haas wanting us to do anything except locate the murderer. Yes, I talked to you afterwards and you also told me to find the murder, even if it was Frank. Mr. Haas had said to Mr. Pierce and me that he would rather that we submit our reports of evidence to him before we turned it over to the police. No, there was nothing said about not giving this to the police. I testified

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

Visible Translated Text Is As Follows: look at the corpse. I don't remember that Mr. Frank ever followed me in this room. He may have stopped on the outside of the door, but my back was toward him and I don't know where he stopped. Mr. Gheesling turned the head of the dead girl over towards me and I looked around to see who was behind me and I saw Mr. Frank as he made that movement behind me. He didn't go into the closet as far as I could see, but he got out of my view. He could

Visible Translated Text Is As Follows: the way back in the basement, to a partition on the left, leadingfrom the elevator. The basement is about twenty feet wide.The negro lead the way back about one hundred fifty feet and weround the body. The girl was lying on her face, not directlylying on her stomach, with the left side on the ground, theright side up just a little. We couldn't tell by lookingat her whether she was white or black, only by her golden coloredhair. They turned her over and her face was full of dirt anddust. They took a piece

Here is the extracted text from the image: STATE OF GEORGIA,VS.LEO M. FRANK.In Fulton Superior Court,Trial begun August 26th, 1913.Judge L. S. Roan presiding.Conviction of murder at July Term, 1913of Fulton Superior Court, and motionfor new trial.BRIEF OF THE EVIDENCE.MRS. J. W. COLEMAN, sworn for the state.I am Mary Phagan's mother. I last saw her alive onthe 26th day of April, 1913, about a quarter to twelve, at home,at 146 Lindsay street. She was getting ready to go to thepencil factory to get her pay envelope. About 11:30, sheate some cabbage and bread. She left home at a quarter totwelve.

Here is the extracted text from the image: by his good character, and to acquit him. (Stephens case 61 Ga. 569).The word "character" as used in this connection, means that general reputation which he bore among the people who knew him prior to the time of the death of Mary Phagan. Therefore, when the witnesses by which a defendant seeks to prove his good character are put upon the stand, and testify that his character is good, the effect of the testimony is to say that the people who knew him spoke well of him, and that his general reputation

Here is the extracted text from the image: Georgia,Warfon County.State of Georgia, Vs. In the Superior Court of Fulton CountyLeo M. Frank. Georgia.Written questions to be propounded to J. J. Nunnally, Esq.,W. L. Ricker, Esq., Virgil Harris, Esq., andx x x x x x x x x x x x x x x x x x x x x1. (Q). Have you examined the attached clipping from theAtlanta Georgian of August 23, 1915, and particularly thelikeness in said clipping of A. H. Henslee?(A). Yes.2. (Q). Do you know A. H. Henslee?(A). Yes.3. (Q). Do you recall whether or not A.

Here is the extracted text from the image: Georgia, Hancock County.State of Georgia, In Superior Court of Fulton County,Vs. Georgia.Leo M. Frank.Questions to be propounded to John M. Holmes of Sparta, Hancock County, Georgia.1. (Q). Have you examined clipping from the Atlanta Georgian of Aug. 26, 1913, hereto attached, showing a picture of the jury in the above stated case, and showing a likeness of Juror A. H. Henslee?(A). Yes.2. (Q). Are you personally acquainted with A. H. Henslee?(A). Yes.3. (Q). Did you or not hear A. H. Henslee discussing the question of whether or not Leo M. Frank was

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 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 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: 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: 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: 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: 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: 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: 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: (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: 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: 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: 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: 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: 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: 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. 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. 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: 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: watched for him and Mr. Dalton, too, before that Thanksgiving day.Q. Give us the best you can, of the next time? A. That was somewhere along in the winter time; I don't know, sir, the exact time.Q. Well, Thanksgiving time is winter time, ain't it Jim?A. Yes sir, but this is before Thanksgiving.Q. How many time before Thanksgiving? A. I watched for him there three times before Thanksgiving Day.Q. Well, you've given me two of these times? A. Yes, sir.Q. When was the the next one--about when? A. I don't know, sir;

Here is the extracted text from the image: there when he called me and talked to me about the work.Q. And that was on Saturday A. Yes, sir, that was on a Saturday.Q. About what time, now A. I don't know, somewhere about threeo'clock, though.Q. Sometime about three o'clock A. Yes, sir.Q. What was your Saturday hours, Jim A. I always generallyhave to work from the time I get back there until half pastfour that evening.Q. What time would you usually get back there A. I would leaveaway from there about half past two, ring out the clock, andcome back

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

Here is the extracted text from the image: Filed in officeClerk. 191Filed in officeClerk. 191Bill of ExceptionsState of GeorgiavsWill FrankCase No.Albany Circuit,Term, 191

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

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

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

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

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

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

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

The visible text in the image is: REEL NO. 6.3911