Leo Frank TV

Here is the extracted text from the image: into his office.Q. Where was he standing? A. Standing by the trash barrel, smoking a cigarette.Q. She went upstairs and went into Mr. Frank's office, and you heard her? A. I heard her going towards Mr. Frank's office.Q. You heard her go in there? A. I couldn't hear them go in; I heard her going towards it.Q. Didn't you say you heard those others go in? A. No sir, I said I heard them going towards the office.Q. You didn't say you saw them go in? A. No sir, I said I

Here is the extracted text from the image: Q. Now, you had, you say, seen her there a few nights before?A. Yes sir.Q. Sitting in Mr. Frank's office, was she? A. Yes sir.Q. What time? A. Somewhere between eight o'clock,Q. What did you have to do that? A. I had to stack some boxesup on the fourth floor.Q. Eighth floor? You had to stack some boxes? A. No sir, Isaid fourth floor.Q. That was about Thanksgiving Day? A. Yes sir.Q. Was it the same week of Thanksgiving you saw her up there?A. I don't know sir, whether it was the

Here is the extracted text from the image: what hour? I met Mr. Frank there that morning about eighto'clock.Q. Anybody else there? A. I didn't see anybody else there.Q. Where did you meet him then? A. At Mr. Frank rightat the door; I was sitting on the box when he come in.Q. That's when he mentioned it to you again? A. That's whenhe taken me on the inside and told me---Q. Tell me the words? A. After he went on the inside, he says:"How are you feeling?" I says: "I'm feeling all right, Mr.Frank". He says: "Come here" he says,

Here is the extracted text from the image: sweeping up there ever since last January.Q. You saw that little girl every day, that went to meet Mr.Frank, didn't you? A. This last one?Q. Yes. A. I didn't see her every day but I seen her there.Q. Saw her many times and didn't ask who she was? A. No sir,I didn't ask who she was.Q. Don't know who she was? A. No sir, I don't know who she was.Q. Now, when she came in, did she see you when she came in?A. Yes sir, she seen me as she come in.Q.

Here is the extracted text from the image: Thanksgiving Day had on white shoes and stockings.Q. Now, the next day what did she have on? A. The next dayshe had on the same thing, black skirt and white waist.Q. She had on exactly the same thing? A. Yes sir.Q. And this other---There was a girl dressed in green all over?A. Yes, sir, there was a girl dressed in green all over, thislast one.Q. And you don't know who she is? A. No sir; she worked upthere on the fourth floor, but don't know her name.Q. You don't know whether she

Here is the extracted text from the image: Q. What kind of eyes did she have? A. I don't know, sir, I never paid no attention to hereyes.Q. What kind of hair? A. I don't know, sir, exactly-had hair like Mr. Hooper there got.Q. How do you know Mr. Hooper so well; you seem to know him pretty well, don't you Jim? A. No, sir, I don't know, sir, I have seen Mr. Hooper before.Q. He had a good deal to do with you down there? A. No sir, I seen him once when he come down to the cell

Here is the extracted text from the image: A. Yes sir, the three time he said: "I want to put you wise"Q. And that was the three times--say it the three times up tothat time? A. Well, yes sir, to my remembrance it was.Q. You don't know that then? A. No sir, I don't know that.Q. Well, you said that though. A. Yes, sir, I said it.Q. Did he say anything else to you but "I want to put you wise"at that time and place? A. Yes, sir, "I want to put you wiselike I been doing the other Saturdays

Here is the extracted text from the image: Q. About what time? A. I don't know, sir, I couldn't tell you exactly.Q. Where was you when he told you? A. Right at the elevator.Q. Was it before twelve o'clock? A. I don't know, sir, whether it was twelve o'clock or not.Q. After twelve? A. I don't know whether it was after twelve or not.Q. You don't know anything about that; you can't remember that? A. No sir.Q. Anybody standing around there then? A. There was Gordon Bailey standing there.Q. That's Snowball? A. Yes, sir.Q. Anybody else there? A. Not to

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: 50001110sat there at the door until he notified me to do that.Q. I'm talking about the time you went and got that man and came back? A. I was standing by the door, yes, sir.Q. Stood there from that on? A. No, sir, I didn't stand there from that on.Q. What did you do? A. I stood there about the trash barrel then.Q. On the first floor? A. Right there by the side.Q. And then you heard them going back? A. I heard them go to Mr. Frank's office, yes, sir.Q. When

Here is the extracted text from the image: Q. Where were you at? A. I was standing there by the clock.Q. He popped his hand? A. No, sir, he popped his finger.Q. He popped his finger and bowed to you? A. Yes, sir.Q. Then you went down? A. Yes, sir, then I went down.Q. And stood by the door? A. Yes, sir.Q. Didn't look it? A. No sir, I didn't look it; I shut it.Q. Then what next happened? A. I don't know, sir, what next happened.Q. Did you hear Mr. Frank come out of his office at all?A. No,

Here is the extracted text from the image: Q Where did he tell you that? A. In the box roomQ. Anybody else present? A. No, sir, not as I knows of.Q. What were you doing in there? A. What was I doing in there, I was looking after the boxes.Q. What did he tell you then? A. He told me, "Now you know what you done for me last Saturday" -Q. He told you: "You know what you done for me last Saturday"?A. The other Saturday, I says: "Yes, sir, I remember". He says: "I want to-put you wise to

Here is the extracted text from the image: say: "That's all right", and then left.Q. Then he came out behind you and left? A. Yes, sir.Q. Now, that's the first time? A. Yes, sir.Q. Now, when was the next Saturday? A. The next Saturday was mighty near the same thing.Q. Well, what was the next Saturday; I didn't ask you whether it was the same thing or not? A. That was about two weeks after that.Q. Was that in August or in July? A. Well, it was about the last of July or the first of August.Q. Well, do you

Here is the extracted text from the image: I couldn't give you what time they came back up.Q. It was after 3:30 when this window raising started? A. Yes, sirIt was after 3:30 when this window raising started.Q. He told you to go down, they came up after a while?A. Yes, sir, they came up after a while.Q. Came up the same way they went down? A. Yes, sir.Q. Up through the same door? A. Yes, sir.Q. You kept that door locked all the time? A. No, sir, I didn'tkeep it locked, I just kept it shut and stayed there

Here is the extracted text from the image: elevator? A. No, sir; there isn't a door back of the elevator; there's a big wooden door, just a step there.Q. I know, but it goes back in the back there. A. Yes, sir.Q. Then you opened that door? A. Yes, sir.Q. Then came back and opened that trap door? A. I came and pulled up the trap door.Q. And then they went down there? A. Yes, sir.Q. She said "All right, James"? A. Yes, sir.Q. Then you went and opened that door? A. Yes, sir.Q. She didn't tell you to open

Here is the extracted text from the image: Q. When this young lady went off and came back and broughtDalton back, where did you see her again? A. I saw her and Mr.Dalton when the come in at the door.Q. You were watching them? A. Yes, sir.Q. Then where did they go? A. Upstairs to Mr. Frank's office.Q. Did you see them go to Mr. Frank's office? A. I heard themwalking in Mr. Frank's office.Q. Then how long did they stay in Mr. Frank's office? A. Theydidn't stay in there long, ten or fifteen minutes I reckon.Q. Then where did

Here is the extracted text from the image: Q. Was there a woman in there with him? A. Yes, sir; alady was in there with him.Q. Called you in the presence of the lady? A. Yes, sir.Q. Talked to you in the presence of the lady? A. Yes, sir.Q. He talked to me in the lady's presence.Q. And that was Miss Daisy Hopkins? A. Yes, sir.Q. And that was about three o'clock? A. Or half past three.Q. In July last? A. Yes, sir.Q. What did Mr. Frank say to you in that lady's presence? That'sthe time (first) time he ever

Here is the extracted text from the image: Q. How come you to know she lived there? A. Because I passed herhouse every morning.Q. And the man was named Dalton? A. Yes, sir.Q. Who was with Mr. Frank? A. The lady that was with Mr. Frankwas Miss Daisy Hopkins.Q. Where did she live? A. I don't know, sir, where Miss DaisyHopkins lived.Q. Where did she work? A. She worked up on the fourth floor.Q. Do you know where she is now? A. No sir.Q. Now, what time of day was that? A. It would always be some-where about three or

Visible Translated Text Is As Follows: 101about the middle of January--somewhere about the first or middle. It was right after New Year, one or two, three or four days after. It was on a Saturday. He said a young man and two ladies would be coming. That was that Saturday morning at half past seven. I was standing by the side of Gordon Bailey when he come and told me, and he said, I could make a piece of money off that man. Yes, Snowball could hear what he said. The man and ladies came about half past two or

Visible Translated Text Is As Follows: drew my money Thanksgiving Day or not, I don't know how muchI drew. I don't remember what time I got down or what time Ileft. I don't know when I got to the factory the day beforeThanksgiving, or how long I worked there. I don't rememberhow many hours I worked the first Saturday I watched for himor the second, or the third, or Thanksgiving Day. No, I don'tknow how much I drew on those days. The first time I was inprison was in September. The next time was sometime beforeChristmas, I can't remember the

Visible Translated Text Is As Follows: niggers in all working in the factory. Snowball, the fireman and me did just plain manual labor, the rest of the negroes had better jobs. Snowball, the fireman and I were the last negroes to get jobs there. We were the new darkies; the others had been working before we went there. Mr. Frank used to laugh and jolly with me. I couldn't tell you the first time he did this. Mr. Darley has seen him jollying me. They would jolly me together. They would play and go on around there with me. It

Visible Translated Text Is As Follows: be about twenty-three. I know she was there, in June, because she gave me a note to take down to Mr. Schiff and I remember that because the note had June on it. Mr. Schiff took it and had "June" on it when he read it. He read that note and he read "June" something," it was on the outside of the note. It was on the back of the note. "June" was written on the back of that note. She wrote the note and folded it up and he read "June" on the

Visible Translated Text Is As Follows: I don't know anything about the plating room. I never have been in Mr. Quinn's office. I have put disinfectants in the ladies and gentlemen closets back there. I wouldn't go inside. I would only go to the door. I stood outside of the door and sprinkled it in them in a little way. Outside of that, and going to Mr. Quinn's office, I have never been on the left hand side of the factory. I have been there where they wash the lead at, and I have stuck bills in Mr. Quinn's office.

Visible Translated Text Is As Follows: dollar for the watchman and stuck an extra dollar in my envelo/eand that made $3.75. I don't remember how many beers I drankthat day. Yes, I told Mr. Scott I got up at 9 o'clock thatmorning. That wasn't true. I ate breakfast about seven. Yes,I told Mr. Black I ate at 9:30. That wasn't true. I left myhouse between 7 and 7:30. I told Mr. Scott I left somewherebetween 10 and 10:30. No, that wasn't true. I got to PetersStreet about 25 minutes to 8. I don't know how long I stayedthere. Some things

Visible Translated Text Is As Follows: 107I told them after I went home at 2:30, I went to Joe Carr'ssaloon and got 15¢ worth of beer. I don't remember tellingthem that I went there between three and four o'clock. Thedetectives talked to me nearly every day after I made my firststatement. Sometimes hours at a time. No, theydidn't cuss me. Yes. I sent for Black on May 24th. When thestatement came out in the papers that's the time I sent for him.As to how I knew it came out in the papers, I heard the boysacross the street hollering extra

Visible Translated Text Is As Follows: didn't want them to know that I had written any notes for Mr.Frank. Yes, in that statement I told the officers I was goingto tell the whole truth. I told them that I got up at nine o'clockbecause there was nothing doing at the factory that day at thetime I said I was there at nine o'clock, because he had donetold me where to meet him at. Yes, I told them that I wasgoing to tell the whole truth. Yes, the reason I told them Ileft home at 9 or 9:30, because there was

Visible Translated Text Is As Follows: out of jail. I don't know who the detective was I told aboutmy not leaving home at 9 o'clock. Four of them were talkingto me, all at the same time. I think one was Starnes and Camp-bell that I told that to, about changing the time. I don'tremember whether I told them that then that I was going to tell thewhole truth. I told them that after I got out of jail, afterI got back to headquarters. If you tell a story you know you'vegot to change it. A lie won't work, and you

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

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: CROSS EXAMINATION.Q. Now, you said you watched for Mr. Frank? A. Yes, sir.Q. When was the first time you ever watched for Mr. Frank?A. The first time I ever watched for Mr. Frank alone andknew he was in the office------Q. When was the first time you ever watched for Mr. Frank aloneor with somebody else? Don't make any difference. A. I couldn'texactly give you the------Q. Tell us the best you can? A. Some time during last summer,when I was watching for him.Q. That was the first time, now? A. Yes, sir.Q. Whereabouts

Here is the extracted text from the image: was in the office, and she was sitting down in a chair, and she had her clothes up to here (indicating), and Mr. Frank was down on his knees, and she had her hand on Mr. Frank, and I found them in that position.Q. Well did you ever see him on any other occasion? A. Yes, I have seen him another time there.Q. What other occasion? A. I have seen Mr. Frank in the packing room one time with a young lady laying on the table.Q. How far was the woman on

Here is the extracted text from the image: A. I would sit down on the first floor and watch the door for him.Q. And watch the doors for him? A. Yes, sir.Q. How many times did you watch the door previous to Saturday, the 28th of April, 1913?A. Well, I couldn't exactly tell you; it has been several times I watched for him.Q. Who was there when you were watching the door? A. Well, I don't know, Sir, who would be there when I watched the door, but there would be another young man and another young lady there during

Here is the extracted text from the image: open the door. When the first question was asked by the solicitorseeking to elicit whether witness had ever seen Frank up therein his office doing anything with young ladies before April 26,1913, the defendant objected on the ground that the evidencesought was irrelevant and immaterial. The Court ruled that theevidence would be immaterial, but further questions were askedby the solicitor and elicited the evidence here complained of.While Conley was still on the stand, and after cross examina-tion a day and a half on other subjects, defendant's counselmoved to rule out, exclude and

Here is the extracted text from the image: tion with women than he had not seen any other man in that haschildren; that he had seen Frank in the office of the Pencil Co.,about two or three times before Thanksgiving, and a lady was inthe office and she was sitting down in a chair and she had herclothes up about her privates, and Frank was down on his knee,and she had her hands on Frank; that Frank saw Conley when he cameout of the office, that when Frank came out of the office he washollering "Yes, sir, that is right,

Here is the extracted text from the image: (up to her waist) and Mr. Frank was down on his knees, and shehad her hands on Mr. Frank and I found them in that position."Q. "When you came into the office before Thanksgiving day, now,when the lady was sitting in the chair?"A. Yes, sir; he saw me when he came out of the office, he saw me."Q. What was said when they saw you?"A. "When Mr. Frank came out of the office Mr. Frank was holler-ing 'Yes, that is right, that is right' and he said, 'That is allright, it will

Here is the extracted text from the image: 8. Because the Court refused to permit the witness Black totestify on cross examination that when he found a bloody shirt inthe bottom of a barrel in Newt Lee's house, that he carried theshirt to the station house showed it to Lee, and, when Leewas asked by the witness if the shirt was his, the solicitorobjected that the witness should not be allowed to answer thequestion: "Did he (Lee) say that the shirt was his?"The Court would not permit the witness to give Lee's answerthat the shirt was his.This answer of Lee's

Here is the extracted text from the image: were, also, Greek crosses on the picture. It was conceded by theState that these dotted lines and crosses were no part of norrepresented any part of the building, but were put in the picturefor the purpose of illustrating the theory of the State, as show-ing where the body was found and where it was carried.The admission of the picture in evidence, with the lines andcrosses thereon, was, when offered, objected to because, asmovant contends, it was argumentative, representing andillustrating the State's view of the case by means of red linesand crosses, which

Here is the extracted text from the image: jailer, had interviewed Lee just before the present trial.The solicitor, over the objections of Frank's atty's that the evidence offered was immaterial, irrelevant, and the expression of an opinion, was permitted by introducing said evidence to draw a comparison of the time occupied by Frank and Arnold to their respective interviews, and, in doing so, the Court erred because the evidence offered was immaterial, irrelevant and the expression of an opinion.3. Because the Court permitted the solicitor, over the objection of defendant made at the time, evidence was offered that the same

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: In the meantime let the execution of the court's sentence besuspended. It is further ordered, that until such time as thismotion may be heard and decided, that the movant have fullleave to amend this motion for new trial.This 26th day of August, 1913.L. S. Roan,Judge S. C. St. W. Ct. PresidingFiled in office this the 26th day of August, 1913.F. V. Myers, D. ClerkGEORGIA, FULTON COUNTY.Service acknowledged, copy received all other andfurther service waived. This Aug. 27th, 1913.F. A. Hooper,Hugh M. Dorsey,E. A. StephensSolicitor General Fulton County, Georgia.We further agree to the

Here is the extracted text from the image: (MOTION FOR NEW TRIAL.)State of Georgia,Vs.Leo M. Frank.(1). Conviction of Murder.(1). In Fulton Superior Court.(1). Motion For New Trial.And now comes the defendant in the above stated case and moves the court for a new trial upon the grounds following, to-wit:1. The verdict is contrary to the evidence.2. The verdict is contrary to the law.3. The verdict is against the weight of the evidence.4. The court, over the objection of the defendant, heard evidence of other transactions and tending to establish other crimes and offenses, wholly separate and distinct from the charge

Here is the extracted text from the image: (SENTENCE.)The State, No. 9410.Vs. (1.) Indictment for Murder. Fulton SuperiorLeo M. Frank. (1.) Court, May Term, 1913, Verdict of (1.) Guilty, July Term, 1913. Aug. 25, 1913.Whereupon, it is considered, ordered and adjudged by the Court that the defendant, Leo M. Frank, be taken from the bar of this court to the common jail of the county of Fulton, and that he be safely there kept until his final execution in the manner fixed by law.It is further ordered and adjudged by the Court that on the 10th day of October, 1913,

Here is the extracted text from the image: (P L E A.)July Term 1913.The defendant Leo M. Frank, waives being formally arraigned, and pleads not guilty.F. A. Hooper,E. A. Stephens andRush W. Dorsey,Sol. Gen'l.Rosser and Brandon,R. R. Arnold,Herbert Haas,Deft's Att'ys.-------------------(VERDICT.)We, the jury, find the defendant guilty.Date August 25th, 1913.F. E. Winburn, Foreman.

Here is the extracted text from the image: and there choking her, the said Mary Phagan with a cord placedaround her neck, contrary to the laws of said State, the goodorder, peace and dignity thereof.Hugh M. Dorsey, Sol. Gen'l.J. N. Starnes, Prosecutor.Fulton Superior Court 1913.WITNESSES FOR THE STATE.J. W. Hurt, Dr.L. S. Dobbs, (Police)J. N. Starnes "R. P. Barrett,W. W. Rogers,Harry Scott,B. B. Haslett,Grace Hicks,E. F. Holloway,N. V. Darley,H. L. Parry,J. M. Gantt,William A. Gheesling.Copy Bill of indictment and list of witnesses before GrandJury, waived before arraignment. Full panel Waived.Roeser and Brandon,R. R. Arnold,Herbert Haas, Deft's Att'ys.2.

Here is the extracted text from the image: (BILL OF INDICTMENT.)The State, No. 9410,Vs. Fulton Superior Court,Leo M. Frank. May Term 1913.True BillL. H. Beck, Foreman,24th day of May 1913.Hugh M. Dorsey, Sol. Gen'lJ. N. Starnes, Prosecutor.STATE OF GEORGIA,FULTON COUNTY.The Grand Jurors, selected, chosen and sworn for the County ofFulton, to-wit;1. J. H. Beck, Foreman,2. A. D. Adair, Sr.,3. F. P. H. Akers,4. B. F. Bell,5. J. G. Bell,6. Sol. Benjamin,7. Wm. E. Besser,8. C. M. Brown,9. O. A. Cowles,10. Walker Dunson,11. Geo. A. Gershon,12. S. C. Glass,13. A. L. Guthman,14. C. M. Kains,15. R. R. Hubbard,16. R. R. Hash,17.

Here is the extracted text from the image: FileNo. Atlanta Circuit Term, 191Leo M. FrankVERSUSThe State of GeorgiaTranscript of RecordFiled in office. 191 Clerk.DAILY REPORT CO., PRINTERS, ATLANTA

Here is the extracted text from the image: BILL OF EXCEPTIONSTHE STATESUPREME COURT OF GEORGIA.OCTOBER TERM, 1898.CRIMINAL DOCKET NO. 1052FILED IN OFFICE NOV 15 1898CLERKFRANK

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: GEORGIA, Fulton County.I Hereby Certify, That the foregoing Bill of Exceptions, hereunto, attached, is- the true original Bill of Exceptions in the case stated, to-wit :Leo M. FrankPlaintiff in Error.VSThe State of GeorgiaDefendant in Error.and that a copy hereof has been made and filed in this office.Witness my signature and the seal of Court affixedthis the 15th day of November 1913.Clerk Superior Court Fulton County, Georgia.Ex-Officio Clerk City Court of Atlanta.

The visible text in the image appears to be handwritten and somewhat difficult to decipher due to the quality of the image. However, I can make out the following: 12 of November 1847Received of Wm. H. English

Here is the extracted text from the image: 9th. The Judgment of the Judge refusing a new trial insaid case.This ____ day of ____ 1913./s/ Reuben R. Arnold/s/ Leonard HaasAttorneys for Leo M. Frank,Plaintiff in Error,Address, Atlanta, Ga.I do certify that the foregoing Bill of Exceptions is trueand contains and specifies all of the evidence and specifies all ofthe record material to a clear understanding of the errors complainedof; and the Clerk of Fulton Superior Court is hereby ordered to makeout a complete copy of such parts of the record in said case asare in this Bill of Exceptions specified,

Here is the extracted text from the image: for new trial and said amendment to the motion for new trial beingparts of the record in said case, and reference being hereby had tothe same; and movant further specifies as to each error complainedof that the court failed and refused to grant a new trial upon eachand every ground contained in said motion for new trial and theamendment thereto, reference being hereby had to the same as if fullyembodied herein, the same being of record.Defendant further excepts to said judgment overruling themotion for new trial and alleges error therein in not

Here is the extracted text from the image: my presence. No man ever grabbed me by the hand at the placereferred to by W. P. Weill in his affidavit, nor did I see orhear or know anything about any man grabbing a member of the Juryby the hand or saying anything to any juror, or attempting tosay anything to any juror, and within my knowledge, there was nocommunication at any time or place or in any shape, manner, or form,with any juror, with any party on the outside. All communicationhad by the Jury with outsiders, so far as I know,

Here is the extracted text from the image: conscientiousness of Johenning is true of Henslee and likewiseof each and every man on the jury; I did not at any time, whilea juror, hear any applause except such as occurred in open court,and which was heard by the Judge, jury and attorneys in the case;I did not know that there had been any cheering of anybodyconnected with the case at any time or that there had been anycheering in any way growing out of or connected with the Frankcase, until after the verdict was rendered, and I was told aboutsaid incidents;

Here is the extracted text from the image: xxk any spectator or person at or around the said courthouse, duringthe trial of Leo M. Frank other than the officers of the law, tohave in their possession or on their person any pistol or armsof any kind or character.W. F. Medcalf, makes affidavit, deposing and sayingas follows:I was a Juror on the Frank case. I did not knowpersonally either A. H. Henslee or L. L. Johenning, who were alsojurors, trying this case, until after we were sworn in on saidjury. I had occasion to and do know the conduct of these

Here is the extracted text from the image: member of the jury individually or the jury collectively fromthe time the jury was impanelled until they had rendered their vverdict and had been discharged. I am the Deputy Sheriff regular-ly assigned to the Criminal division of Fulton County SuperiorCourt and was on duty and in charge of the courtroom during theentire time Leo M. Frank was on trial; I have read theaffidavit of Mrs. A. Shurman and others with reference to thecheering on the outside of said courtroom during Friday andSaturday and Monday, the last three days of the trial. I

Here is the extracted text from the image: I was aiding the Sheriff, and as a deputy was stationedimmediately in the rear of the jury box. I was in positionto hear all that the jury could hear in the court room, andat no time did I hear any applause, except what occurred inopen court, in the immediate presence of the Judge presidingand which was officially noticed by him: No cheering from theoutside was heard, excepting during the polling of the jury,after their verdict had been read. I observed no misconducton the part of any Juror, and no communication or attempt

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: C.J.Bosshardt makes affidavit as follows: I have read the affidavit of J.T.Osburn, executed on Oct.16,1915,and hereby adopt said affidavit of said Osburn, and that the said allegations contained in said affidavit are true and correct. C.J.Bosshardt makes affidavit as follows: I am one of the jurors who sat on the above stated case, and heard the cheering which followed and after the reading of the verdict of guilty in open court,and which said cheering was by parties outside of the court, and which cheering occurred during the time the jury was being

Here is the extracted text from the image: to Judge, the jury at all times, when he was present, deported themselves as honest, honorable, conscientious, unbiased and unprejudiced jurors, and at no time were any of said jurors guilty of any misconduct, within his presence or knowledge.Drew Liddell makes the following aff. & vit, deposing and saying as follows: that he is a deputy sheriff of Fulton county, Georgia and was on duty constantly during the trial of the above stated case. On Friday, August 22nd, and Saturday, August 23, 1913, deponent, with other deputies, accompanied the jury to and

Here is the extracted text from the image: the reading of the verdict, while the jury was being polled, Deponentsays that at no time did he see any one appeal to or attempt to speakto any member of the jury, except officers of court in the dischargeof their duty. Deponent further states that he never at any timewitnessed or knew of any misconduct on the part of any member of thejury, but states, under oath, that at all times, when in his presenceeach member of the jury deported himself as an upright, honorable andconscientious juror, seeking to faithfully discharge his

Here is the extracted text from the image: M. Johenning makes the following affidavit, deposing and saying as follows: That he was one of the jurors who served on the above stated case and heard the cheering which followed soon after the reading of the verdict of guilty in open court, and which said cheering was by parties outside of the court, and which said cheering occurred during the time the jury were being polled by the court.At the time the cheering was heard no objection whatsoever was made by anyone representing Leo M. Frank or by Leo M. Frank

Here is the extracted text from the image: he occupied an anteroom to the court-room in which said case was tried directly across the hallway from the jury room; that in leaving the jury box, and retiring to the jury room, it is necessary to pass through three doors; that deponent knows of the occasion of the applause in the court room when the Judge declined to rule out and exclude the evidence of Jim Conley as to two certain acts of degeneracy and perversion on the part of Leo M. Frank, the defendant; deponent was present in the court

Here is the extracted text from the image: said six or seven men or any other number of men talk to thejurors or any of them, on South Pryor Street, or the German Cafe,or at their rooms at the Kimball House, or elsewhere, at anytime, between the time the jury was impanelled and the time whenit was discharged after having finally rendered its verdict inthe said case, so far as deponents know or believe; at no timeand in no place did deponents see any member of the jury in thiscase communicate with, or attempt to communicate, with any one ex-cepting

Here is the extracted text from the image: walking two abreast, said jury following immediately behinddeponent Pennington: THAT Deponents have read the various affi-davits which deal with alleged cheering of the Solicitor General ashe left the court house on said Friday afternoon August 22, 1913;opponents under oath they did not hear any demonstration of any kind on said afternoon, nor did theyhear any applause for the Solicitor General or for any one else;THAT when court adjourned on Saturday, August 23, 1913, soonafter the noon hour, deponents took the jury from the court-house northward along Pryor street; they did not, on

Here is the extracted text from the image: anything about it if anything like that took place and I didnot hear the sheriff speak to anyone about it; there was no com-munication at any time or place in any shape, manner or formwith me from the outside after the jury was empaneled and so faras I know, there was no communication with any juror except let-ters which came through the sheriff or bailiff and which were bythe court permitted; and I never read any letter, or communicationof any character that had not been opened before it came to methrough the

Here is the extracted text from the image: outside of the courthouse; I did not hear any applause in thecourtroom that I now recall, except as above stated; I do not re-call what occasioned any laughter, except that occasioned by thecross examination of Jim Connelly by Mr.Rosser, counsel for Frank;I laughed myself, as did the audience and all of the jury, whenConnelly told Mr.Rosser how he spelled certain brands of pencilsand other words; I laughed and the audience laughed when B.Daltontold Mr.Rosser when and where he was born, stating that he wasthere but could not remember; also in conjunction with

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:---- 31 -H.Shi Gray, S.M.Johnson, and John M.Holmes on rendering the verdict of "Guilty"; I was introduced by Mr.Holmes to their many friends and acquaintances as having been one of the jurors on the Frank case; I furthermore stated on this occasion which I refer to, namely, September 2nd., 1913, that said Frank was a moral degenerate and apervert; I based this statement on the evidence adduced upon the trial; before that I did not have any knowledge or information whatsoever which would have warranted me in surmising that Frank was a degenerate

Here is the extracted text from the image: at this time, anything more than the headlines of the newspapersand I had not formed any opinion based on newspaper reports orcasual rumor as to whether or not Frank was the man guilty of thecrime, and I did not express myself in the language attributedto me by the said Ricker or any other language; nor did I knowthat the public sentiment was so strong against Frank that he wouldnot be able, if acquitted, to get out of the City of Atlanta alive, andI positively and emphatically deny that I ever made use

Here is the extracted text from the image: in the City of Atlanta, say "I am glad they indicted the Goddamn Jew", they ought to take him out and lynch him, and if Iget on that jury I will hang that Jew sure." I emphaticallydeny that I used any such expression at any time or place; I am amember of the Elk's Club; said Club has among its members a largenumber of Jewish people, many of whom are my friends. I neverentertained any prejudice or animus against the Jewish people, oragainst any one of them, and I did not make

Here is the extracted text from the image: --28--Ga., spending the night of June 2nd., at the New Albany Hotelin Albany, Ga. THAT said Lehman does not state where it was thatthe said statement was made by me on June 20th.,1913. I unqualifiedlystate, that I never on June 20th.,1913, or on any other date, madeany such statement to Lehman or to anyone else; On June 19th., 1913,I was at Opelika, Ala, and Columbus, Ga., and on the 20th., I wasat Columbus, Chipley and Cataula, Ga., and drove from Cataula toWaverly Hall by private conveyance and from Waverly Hall I went

Here is the extracted text from the image: -277-doment give any date when I was supposed to have made the re-marks attributed to me; but I was not in Albany from June 2nd.,and 3rd., 1913 at which time I was there, until September 18th.,1913;if at any time between April 26th. 1913, and July 28th., 1913, Iever saw Moak Farkas in Albany or elsewhere and had a conversation withhim, I have absolutely forgotten it; I do know that I did not seethis man Moak Farkas on my trip to Albany June 2nd., 1913 and June 31913; I did see Sam Farkas

Here is the extracted text from the image: --26--committed the crime ought to be hung, whether Frank or any other person; the conduct of the entire jury after they were empannelled and sworn, was that of honest, upright, and impartial jurors; no member of the jury, including myself, while knowledge, ever expressed an opinion of the guilt or innocence of Leo M.Frank during the trial, until after all the evidence was in, speeches in and the court had charged us to render a verdict; as illustrating the attitude which I occupied in this case, I will say that when it

Here is the extracted text from the image: --25--or bias, either for or against the said Leo M.Frank, and thatwas absolutely true; furthermore I stated that my mind wasperfectly impartial between the State of Georgia and Leo M.Frank, accuse of Murder; that answer given under oath, wasabsolutely true; my attitude toward the case was that of an im-partial, unprejudiced man, seeking only to do my duty as a citizenand as a Juror, with a due appreciation of the fact that a man'slife or liberty must not be taken except the State produce evi-dence to overcome the presumption of innocence which

Here is the extracted text from the image: --24--other juror, or attempting to say anything to any juror, exceptas above and within my knowledge there was no unauthorized com-munication at any time or place or in any shape, manner or form,with any juror, with any party on the outside, all communicationshad by the jury with outsiders, so far as I know, were throughthe bailiffe, and said communications were authorized by thecourt, and known to counsel on both sides of the case; THAT sofar as I am personally concerned, and so far as I know, as to eachand every juror on

Here is the extracted text from the image: --23--when there was cheering both on Hunter and Pryor Streets, andwild cheering was loud and long; with the exception of thischeering, I never heard anything that had the faintest re-semblance to cheering, and I have never heard any applauseexcept that heard by the Judge and only heard about THIRTYother cheering after having been discharged from the case.THAT the cheering which occurred just after the reading ofthe verdict in said case occurred during the time the jurywere being polled by the Court: THAT at the time the cheeringwas heard no objection whatsoever was

Visible Translated Text Is As Follows: on the table to get a box of cigarettes and a box of matches,and he takes a cigarette and a match and hands me the box ofcigarettes and I lit one and went to smoking and I handed himback the box of cigarettes, and he put it back in his pocket andthen he took them out again and said, "You can have these", andI put them in my pocket, and then he said, "Can you write," andI said, "Yes, sir, a little bit," and he taken his pencil tofix up some notes. I was

Visible Translated Text Is As Follows: and burn that myself." He looked at me then kind of frightened and he said "Let me see that money" and he took the money back and put 1 t back in his pocket, and I said "Is this the way you do things?" and he said, "You keep your mouth shut, that is all right." And Mr. Frank turned around in his chair and looked at the money and he looked back at me and folded his hands and looked up and said "Why should I hang, I have wealthy people in Brooklyn,"

Visible Translated Text Is As Follows: the fellow that was with me, "I am going back to Peters Street,"and a Jew across the street that I owed a dime to called me andasked me about it, and I paid him a dime. Then I went onover to Peters Street and stayed there awhile. Then I went homeand I taken fifteen cents out of my pocket and gave a littlegirl a nickel to go and get some sausage and then I gave her adime to go and get some wood, and she stayed so long that whenshe come back I said,

Visible Translated Text Is As Follows: giving day. I know the man's name was Mr. Dalton. When I saw Mr. Frank coming towards the factory Saturday morning he had on his raincoat and his usual suit of clothes and an umbrella. Up to Christmas I used to run the elevator, then they put me on the fourth floor to clean up. I cleaned up twice a week on the first floor under Mr. Holloway's directions. The lady I saw in Mr. Frank's office Thanksgiving Day was a tall built lady, heavy weight, she was nice looking, she had on a

Visible Translated Text Is As Follows: I don't know about spelling "mother." I can spell "papa", I spell it p-a-p-a. I can't spell "rather" or "jury" or "judge" or "stockings." I never did go to school further than the first grade, I went to school about a year. I can spell "day", but not "daylight", I can spell "beer" but not "whiskey", I couldn't read the name "whiskey." No, I can't read any letter on that picture there (Exhibit A--State). I can't figure except with my fingers. I know the figures as far as eight, as far as twelve. I

Visible Translated Text Is As Follows: 96what they were drawing. I wasn't drawing but $6.05. Snowballwas drawing $6.05. As to who it was I didn't want to see whatI was drawing, there was one named Walter Pride; he's beenthere five years. He said he drew $12.00 a week. Then there wasJoe Pride. He told me he drew $8.40 a week. They were down inthe basement and asked me how much I was drawing. I told themit wasn't none of their business. Then there was a fellownamed Fred. I don't know how much he drew. The next one wasthe fireman. I

Visible Translated Text Is As Follows: sometimes that way and sometimes the other way. I would say,"I owe you fifteen cents, I buy three beers, and you owe mefifteen cents, and that be three beers." I say if I would be inthe beer saloon when they come in there, I would do that, but ifI could get out before they saw me, I would be gone. I neverdid know what time the watchman come there on Saturday, or anySaturday. I never have seen the nightwatchman in the factory.I have seen young Mr. Kendrick come and get his money. Healways comes

Visible Translated Text Is As Follows: Frank would come and tell me I didn't take out that money for the time you lost this week. I don't know on what date he ever did that on. Yes, I always got my money in envelopes. As to how they would know how much to put in the envelope, when I didn't punch, they would come and ask if I was here every time I didn't ring in, and they would ask Mr. Holloway if I was here. If the clock didn't show any punch, they would ask me if I was

Visible Translated Text Is As Follows: about half past four. He gave me a quarter and I left and thenhe left. The next Saturday I watched for him near the samething. It was about the last of July or the first of August.The next Saturday I watched for him about twelve o'clock he said"You know what you done for me last Saturday, I want to putyou wise for this Saturday." I said, "All right, what time?"He said, "Oh, about half past." After Mr. Holloway left, Mi ssDaisy Hopkins come on in into the office, Mr. Frank come outof the office,

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: visited the National Pencil Company three, four or five times.I have been in the office of Leo M. Frank two or three times.I have been down in the basement. I don't know whether Mr.Frank knew I was in the basement or not, but he knew I wasthere. I saw Conley there and the night watchman, and he wasnot Conley. There would be some ladies in Mr. Frank's office,sometimes there would be two, and sometimes one. May be theydidn't work in the mornings and they would be there in the eveningCROSS EXAMINATION.I don't recollect the

Visible Translated Text Is As Follows: 82I lived in Walton County fortytwenty years. I now live right herefrom Walton County. I was absent from Walton County once fortwo or three years and lived in Lawrenceville. I have walkedhim from the factory with Miss Laura Atkins and Miss Smith.RE-DIRECT EXAMINATION.I gave Jim Conley a half dozen or more quarters. I sawMr. Frank in his office in the day time. Mr. Frank had Coca-Colalemon and lime and beer in the office. I never saw the ladiesin his office doing any writing.RECALLED FOR CROSS EXAMINATION.Andrew Dalton is my brother-in-law. John Dalton is afirst

Visible Translated Text Is As Follows: S. L. ROS3ER, Sworn for the State.I am a city policeman. On Monday, April 26th, I went out to see Mrs. White. On May 6th or 7th was the first time I knew Mrs. White claimed to have seen a negro at the factory on April 26th. These are the same chips we had at factory. The club was not on floor by elevator the day I searched the place. I had a flashlight and searched for everything. I would have seen it had it been there.CROSS EXAMINATIONI made no inquiry of her about

Visible Translated Text Is As Follows: they wanted to chat. When young ladies would come there, Iwould sit down at the first floor and watch the door for him. Icouldn't exactly tell how many times I have watched the floorfor him previous to April 26th, it has been several times thatI watched for him. I don't know who would be there when Iwatched for him, but there would be another young man, anotheryoung lady during the time I was at the door. A lady for himand one for Mr. Frank. Mr. Frank was alone there once, that wasThanksgiving day. I

Visible Translated Text Is As Follows: "All right, Mr. Frank, I'll be right here." I don't know howlong he stayed at Montag's. He didn't see anything when hecome back from Montag's, but told me to come on. Mr. Frank comeout Nelson Street and down Forsyth street towards the pencilfactory and I followed right behind. As we passed up there thegrocery store, Albertson Brothers, a young man was up there witha paper sack getting some stuff out of a box on the sidewalk, andhe had his little baby standing by the side of him, and justas Mr. Frank passed by him,

Visible Translated Text Is As Follows: time to get out." I says, "All right, I will do just as yousay," and I did as he said. Mr. Frank hit me a little blowon my chest and says, "Now, whatever you do, don't let Mr. Darleysee you." I says, "All right, I won't let him see me." ThenMr. Frank went upstairs and he said, "Remember to keep youreyes open," and I says, "All right, I will Mr. Frank." And Isat there on the box and that was the last I seen of Mr.Frank until up in the day sometime. The first

Visible Translated Text Is As Follows: was Miss Mary Perkins, that's what I call her, this lady thatis dead. I don't know her name. After she went upstairs I heardher steps going towards the office and after she went inthe office, I heard two people walking out of the office andgoing like they were coming down the steps, but they didn'tcome down the steps, they went back towards the metal depart-ment. After they went back there, I heard the lady scream, thenI didn't hear no more, and the next person I saw coming inthere was Miss Monteen Stover. She had

Visible Translated Text Is As Follows: down, and he says, "Well, that one you say didn't come backdown, she come into my office awhile ago and wanted to knowsomething about her work in my office, and I went back there tosee if the little girl's work had come, and I wanted to be withthe little girl, and she refused me, and I guess I struck her,too hard and she fell and hit her head against something, andI don't know how bad she got hurt, of course you know I ain'tbuilt like other men." The reason he said that was, I

Visible Translated Text Is As Follows: and he said to go and get a piece of cloth to get around her, and I went and looked around the cotton mill and got a piece of cloth and went back there. The girl was lying flat of her back and her hands were out this way. I put both of her hands down, they went down easily, and rolled her up in the cloth and taken the cloth and tied her up, and started to pick her up, and I looked back a little distance and saw her hat and piece

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

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: any man grabbing any member of the jury, by the hand or sayinganything to any juror, or attempting to say anything to any jurorand within my knowledge there was no communication at any time orplace or in any shape, manner or form, with any juror, with anyparty on the outside; all communications had by the jury with out-siders, so far as I know, were through the bailiffs, and saidcommunications were authorized by the court and known to counselon both sides of the cases TFAT so far as I am-personally con-cerned, and so

Here is the extracted text from the image: had been any cheering of anybody connected with the case at anytime, or that there had been any cheering growing out of or con-nected 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 per-mitted to leave, and there was never any applause or cheeringeither inside of the court or outside of the court, within myknowledge, while the case was being considered; the jury, in leaving,were always attended by the deputy sheriffs

Here is the extracted text from the image: --19--J.T. OZBURN makes affidavit, deposing and saying asfollows:THAT I was a juror on the Frank case; I did not knowpersonally either A.H.Henslee or M.Joehenning, who were alsojurors trying this case, until after we were sworn in on saidjury; I had occasion to and do know the conduct of these twomen on the jury; at no time did either of them express themselvesin a way to indicate that they were in the least bit prejudicedor biased, but each of these men, as did each and every othermember of the jury, deported themselves as

Here is the extracted text from the image: --18--Mrs.Jernie G.Lovenhart and Miss Miriam Lovenhart, both made before the same Burk aforesaid and on the day aforesaid, THAT the facts are these with reference to this: THAT I never having expressed to the said Lovenhart or any one else any opinion with reference to the guilt or innocence of said Frank, except as hereinafter set out: THAT some time about two weeks before the Frank case was/set for trial - which, if my memory serves me right, was about the latter part of June, 1913 - I had a casual conversation

Here is the extracted text from the image: that arose shortly after the verdict of guilty was read, whenthere was cheering both on Hunter and Pryor Streets, and saidcheering was loud and long; with the exception of this cheering,I never heard anything that had the slightest resemblance tocheering, and I never heard any applause except as heard bythe Judge and only heard about the cheering after having been dis-charged from the case; THAT neither on Saturday, August 23, 1913,nor on any other day or date, did any man or men other than thebailiffs in charge of the jury, ever walk

Here is the extracted text from the image: --16--doubtful ballot, and submitted some suggestions with reference to the evidence; up to that time, so far as I know, said Henslee had not intimated or expressed any opinion whatsoever with reference to any feature of the case; and I did not at any time while a juror, hear any applause except such as occurred in open court, and which was heard by the Judge, Jury and attorneys in the case; I did not know that there had been any cheering of anybody connected with the case at any time or that

Here is the extracted text from the image: --15--or saying anything to any juror, or attempting to say anythingto any juror, and within my knowledge, there was no communi-cation at any time or place or in any shape, manner or formwith any juror, with any party on the outside; all communicationshad by the jury with outsiders, so far as I know, were throughthe bailiffs and said communications were authorized by thecourt and known to counsel on both sides of the case: THATso far as I am personally concerned, and so far as I know asto each and every juror on

Here is the extracted text from the image: -14-were permitted to leave, and there was never any applause orcheering either inside of the court or outside of the courtwithin my knowledge, while the case was being considered;the jury, inclosing, were always attended by the deputysheriffs or bailiffs, one always going in front and one al-ways in the rear; we were usually taken direct from the cour-house to the German Cafe, located midway of the block on PryorStreet, opposite from the courthouse, and it took only a veryshort time to go there - I should estimate about three minutes -at the

Here is the extracted text from the image: -13-in a way to indicate that they were the least bit prejudicedor biased, but each of these men, as did I and every othermember of the jury, deported themselves as honest, upright,prudent and impartial jurors; if either the said A.H.Hensleeor the said M.J.Chenning believed that Frank was guilty untilafter the entire case had been heard and concluded and sub-mitted to the jury, they at least did not so express themselves,or give vent to any other expression within my hearing orknowledge, indicating any bias or prejudice against the saidFrank; I did not know

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: ---11---of Henslee and likewise of each and every man on the jury:THAT I did not at any time, while a Juror, hear any applauseexcept such as occurred in open court, and which was heardby the Judge, jury and attorneys in the case; I did not knowthat there had been any cheering or anybody connected with thecase at any time or that there had been any cheering in any waygrowing out of or connected with the Frank case, until afterthe verdict was rendered, and I was told about said incidents.THAT on one occasion

Here is the extracted text from the image: was, so far as I am concerned, and as to the other jurors, sofar as their deportment shows, I believe was rendered froman honest opinion, based on the law and evidence of the case.A. L. WISHEY makes affidavit, deposing and saying asfollows:THAT I was a juror on the Frank case; I did not knowpersonally either A. H. Henslee or M. Johenning, who were alsojurors trying this case, until after we were sworn in on saidjury; I had occasion to and do know the conduct of these two menon the jury at no

Here is the extracted text from the image: ---9---opposite from the courthouse, and it took only a very short timeto go there - I should estimate about three minutes at the outside.Upon reaching the German Cafe, we were taken directly to a privatedining room in the rear of the building and the door immediatelyclosed; after being shut up in this room, we never heard anysounds that in the slightest resembled cheering or applause; theonly cheering that was heard at any time while the case was beingconsidered was the cheering that arose shortly after the verdictof guilty was read, when there

Here is the extracted text from the image: --8--been heard and concluded and submitted to the jury, they atleast did not so express themselves or give vent to any otherexpression within my hearing or knowledge, indicating any biasor prejudice against the said Frank; I did not know how A.H.Henslee stood on the issue until after the first ballot had beentaken; then said Henslee made a talk and stated that he had cast adoubtful ballot; there was one ballot marked "doubtful"; he ex-plained to the jury why he cast this doubtful ballot and sub-mitted some suggestions with reference to the evidence;

Here is the extracted text from the image: by the side of the Jury, and neither did anybody within myknowledge, ever speak to any juror at any time or place outsideof the presence of the court. THAT if any man evergrabbed any juror by the hand or held any conversation with anyjuror, the same was not in my presence; no man ever grabbed me bythe hand at the place referred to by W. P. Neill in his affidavitnor did I see or hear or know anything about any man grabbing anymember of the jury by the hand or saying anything

Here is the extracted text from the image: --6--the roarTHAT we were usually taken direct from the courthouse to theGerman Cafe, located midway of the block on Pryor Street, op-posite from the courthouse, and it took us a very short timeto go there - I should estimate about three minutes at the outside.Upon reaching the German Cafe, we were taken directly to a privatedining room in the rear of the building and the door immediatelyclosed; after being shut up in this room, we never heard any soundsthat in the slightest resembled cheering or applause; the onlycheering that was heard at

Here is the extracted text from the image: -5-the said A.H.Henslee of the said M.J.Ochenning believed that Frankwas guilty until after the entire case had been heard and con-cluded and submitted to the jury, they at least did not so expressthemselves, or give vent to any other expression within my hearingor knowledge, indicating any bias or prejudice against the saidFrank; I did not know how A.H.Henslee stood on the issue untilafter the first ballot had been taken; then said Henslee made atalk and stated that he had cast a doubtful ballot; there wasone ballot marked "doubtful"; he explained to the

Here is the extracted text from the image: D. TOWNSEND makes affidavit, deposing and saying as follows:THAT he was one of the jurors who served on the abovestated case and heard the cheering which followed soon after thereading of the verdict of guilty in open court and which saidcheering was by parties outside of the court, and which cheeringoccurred during the time the jury were being polled in court;THAT at the time the cheering was heard, no objection whatsoever wasmade by anyone representing Leo M. Frank, or by Leo M. Frank himselfnor was any motion made at the time by

Here is the extracted text from the image: THAT this cheering did not in anywise influence or affect theverdict which had already been made, nor did it have any influencewhatsoever. THAT deponent remained absolutely unaffected and un-influenced by the cheering or the surroundings and in answeringon the poll, deponent truthfully answered after he had heard thecheering that it was his verdict and in so answering sustainingthe verdict, he discharged his duty and now subscribes to the cor-rectness of the verdict as rendered. THAT neither on Saturday,August 23, 1913, nor on any other day or date, did any man or menother

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: The court also considered the following affidavits as acounter showing presented by the State, to-wit:F. E. WINBURN, makes affidavit deposing and saying as follows:That I was a juror on the Frank case; I did not knowpersonally either A. H. Henslee or M. Johenning, who were also jurorstrying this case, until after we were sworn in on said jury; I hadoccasion to and do know the conduct of these two men on the jury;at no time did either of them express themselves in a way to indi-cate that they were in the least

Here is the extracted text from the image: 1912, and particularly the likeness of A. H. Henslee. I know A.H. Henslee. A. H. Henslee was in Monroe, Georgia, between the timeof the murder of Mary Phagan, as reported in the papers, and thetime of the commencement of the trial of Leo M. Frank for themurder of Mary Phagan, to-wit: July 28, 1913. What impressed mewas that Henslee was the most vehement in his expression as to theguilt of Leo M. Frank of the murder of Mary Phagan, of anyperson I had heard talk about it. The Phagan murder was, atthe

Here is the extracted text from the image: I know A. H. Henslee, who served on the jury in the above stated case at the trial commencing July 28, 1913. I have known him about six or seven years. About the time that Conley was reported to have made a statement, I was coming into the city on a street car from the home of my daughter. Henslee was on the car, I heard him say this, in reference to Leo M. Frank's guilt of the murder of Mary Phagan: "I think he is guilty and I would like to

Here is the extracted text from the image: showing a picture of the jury in the above stated case,and showing a likeness of Juror A. H. Henslee. I know A. H.Henslee by sight. I have heard A. H. Henslee discussing the questionof whether or not Leo M. Frank was guilty of the murder of MaryPhagan, between the death of said Mary Phagan and the commencementof the trial of Leo M. Frank charged with the murder of Mary Phagan.Several parties were talking. Some said they thought Leo M. Frankwas guilty of the murder of Mary Phagan, others said they did not.Henslee

Here is the extracted text from the image: Frank, which is now pending in the Superior Court of Fulton County,Georgia.Leo M. Frank makes the following affidavit, deposing andsaying as follows; that he is.the defendant above.named; that he didnot know, nor has he ever heard until the end of his.trial in theabove stated case, that A. H. Henslee and Marcellus Johenning hadany prejudice or bias against deponent, nor that they, or either ofthem, has ever said or done anything indicating that they believedin deponent's guilt, or had any prejudice or bias against deponent.Shi Gray deposes and states by interrogatories issuedunder Section

Here is the extracted text from the image: 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.G. W. Hasell and R. P. Spencer, Jr., make the following affidavit, deposing and saying as follows: 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

Here is the extracted text from the image: the time, which was shortly after the Mary Phagan murder, almost everyone was discussing the murder, and this deponent was very much interested in the matter, as was everyone else; this deponent heard the man with Hemslee say to Hemslee "I don't believe Frank committed that murder; if he did, he is one Jew in a million, not one Jew in a million would commit such a crime"; and to this statement said Hemslee replied in deponent's hearing: "I believe he did kill the girl, and if by any chance I got

Here is the extracted text from the image: in the Frank case, admits having made certain statements as to Frank'sguilt of the murder of Mary Phagan, but says these statements weremade after the trial of Leo M. Frank, and not before; they say thatso far as they know, the said Henslee has not been in Monroe, Georgia,since the trial of Leo M. Frank, and they reiterate the statementthat all statements made in their hearing by said Henslee, and testi-fied about by these deponents on September 27, 1915, were made beforethe commencement of the trial of Leo M. Frank for the

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:---Friday noon, before the above stated case went to the jury on Monday, he was present in the court room where the trial of Leo M. Frank was being held; that when court adjourned and the jury had left and gone to lunch he came out of the court house and there was loud cheering for "Dorsey", which lasted for several minutes. Deponent walked from the court house to his office on seventh floor of Temple Court Building, and when he reached his office some one asked deponent what all the racket or

Here is the extracted text from the image: feet from the Kiser Building, and that both outside of the Cafe and in the Cafe, the cheering of the Solicitor General could be heard by any person.H. G. Williams, makes the following affidavit, deposing and saying as follows: that on the 26th day the Frank trial closed, and verdict of guilty was found by the jury against Leo M. Frank, accused of the murder of Mary Phagan, this deponent was on South Pryor Street, in front of the court house;This deponent saw Solicitor General Dorsey come from the Court House and

Here is the extracted text from the image: had him. I could not see the man that was carried on the shoulders of the men very well, but was told that it was Dorsey. There was a this time fully three thousand men gathered around the court house, filling the streets on all sides of the court house. I only know Col. Dorsey by sight.J. H. Cochran makes the following affidavit, deposing and saying as follows that he is a resident of Atlanta, Georgia; he remembers the close of the trial of Leo M. Frank, and was present in front

Here is the extracted text from the image: Samuel A. Boorstin makes the following affidavit, deposingand saying as follows: that on Friday evening, on the 22nd day ofAugust, 1915, at about 5 or 5:30 P.M., he was present at the courtroom of Fulton Superior Court, Judge H. Stonean presiding, during thetrial of the State vs. Leo M. Frank; and after adjournment, and whenthe jury had been taken from the court room, and shortly thereafter,the Solicitor General, Hugh M. Dorsey, had passed out of the courtroom, there was a large crowd waiting outside, through which the jurypassed, comprising, perhaps, no less

Here is the extracted text from the image: room there was also cheering in said court room. There was alsoapplauding in the course of Mr. Dorsey's speech a couple of times onsaid date.Miss Martha Kay makes the following affidavit, deposing andsaying as follows: that she is a resident of the City of Atlanta, liv-ing at #264 South Pryor Street; that on Monday morning, August 25,1913, the last day of the trial of the said Leo M. Frank, in the abovestated case, she was present in the court room in company with Mrs. A.Shurman, of #240 Central Avenue, before time/court to

Here is the extracted text from the image: the automobile approached the corner of South Pryor and East HunterStreets, he observed the Jurymen in the Frank case turn into SouthPryor from the east, out of East Fair St. Street, and deponent stoppedhis automobile to look at the jury, and while doing so noticed thatwalking alongside the jury were some six or seven other men. De-ponent was on the west side of South Pryor Street while the jury inthe above entitled case was walking north along the east side ofSouth Pryor Street. Deponent's brother, Sampson Kay, got out of theautomobile stating

Here is the extracted text from the image: room, he was sitting on the front row of the spectators benches; thatduring the course of the trial deponent saw the jury pass to thejury box from the rear of the court room, the jury passed immediate-ly by this deponent and also by a man, whose name is unknown tothis deponent, but who was a spectator in the court room, who wassitting about three feet from this deponent, just across an aisle, noone being between this man and deponent; as the jury passed this man,at the time specified, this man took hold

Here is the extracted text from the image: no knowledge whatsoever as to H. Johenning and A. H. Henslee, two ofthe jurors, being prejudiced, partial and biased in said case, asevidenced by the affidavits of H. B. Lovenhart, Mrs. J. D. Lovenhart,Miss Marian Lovenhart, S. Aron, Max Marks, R. L. Grenary, John W. Holmes,S. H. Grey, S. H. Johnson, J. A. Innis, W. W. Walker, J. W. Coleman and C. B.Stough. Affiant did not know either of said jurors and had never seenor heard of them before; that he did not know until after the trialand did not have any

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

Here is the extracted text from the image: trial in said case ; that since the trial of said case and the verdict and sentence therein, it has come to their knowledge that two of the jurors who sat on said case, to-wit: M. Johenning and A. H. Henslee, were prejudiced, partial and biased against Leo M. Frank, the defendant as evidenced by affidavits attached to motion and hereinafter referred to; that said prejudice, partiality and bias were present on their part, when said Johenning and Henslee qualified as jurors in said case as shown by said affidavits, but that

Here is the extracted text from the image: Julian A. Lehman, makes the following affidavit, deposing and saying as follows: that he is personally acquainted with A. H. Henslee, one of the jurors in the above case; that on June 2, 1915, between Atlanta, Ga., and Experiment, Ga., the said Henslee expressed his opinion that Frank was guilty of the murder of Mary Phagan, and that this was in deponent's presence and hearing; and in the hearing of other persons on the train at the time; the words used to the best of deponent's knowledge and recollection were-"Frank is as

Here is the extracted text from the image: R. L. Cremer makes the following affidavit, deposing and saying as follows: That he is a resident of Albany, Georgia; that he is acquainted with Mack Parkas, who works for Mr. Sam Parkas, who operates a livery stable and sales barn in Albany; that between the time of the murder of Mary Phagan and the trial of Leo M. Frank, exact date this deponent cannot state, deponent was standing in front of Mr. Sam Parkas' place of business on Broad Street, in the presence of Mack Parkas and others, including a party

Here is the extracted text from the image: No. 8008Oct. Term, 1918.CRIMINAL

The visible text in the image is:**BEGIN**Given the context of the image, which appears to be a title card or a screen from a film or video, it is likely that this image is from the beginning of a movie, video, or presentation. The word "BEGIN" suggests the start of something, possibly indicating the commencement of a film, a chapter, or a segment within a larger work. The style and presentation also hint at a vintage or retro aesthetic, which might suggest it is from an older film or a modern production aiming for a nostalgic feel.

Here is the extracted text from the image:---**Department of Archives and History****330 Capitol Avenue****Atlanta****Georgia****30334****MICROFILM LAB****Georgia - Supreme Court****Supreme Court Case File****Leo Frank V. The State**Due to a high reference rate in the past and an anticipated high rate in the future, these portions of a much larger record series are filmed as a protection and as an aid to researchers.**Feb. 17, 1914 First Appeal 14162435**Bill of Exceptions or Enumeration of ErrorsBrief of EvidenceRecord of case**Oct. 14, 1914 Second Appeal 1423617**Brief of Evidence, original and amendedRecord of case including copy of first appeal**Nov. 14, 1914 Third Appeal 1426741**Record Group: Georgia Supreme

Here is the extracted text from the image:---**Top Left Section:**FOR PHOTOGRAPHERS AND LABORATORY USE ONLYFilm this "TEST PATTERN" at the beginning of the book, volume or pages being microfilmed, after each "volume" and "to be continued". Center the Test Pattern at the reduction being used. Insert the reduction and the exposure ("red." and "exp.") with photocopy.Filmer ce "MODULE TEST" au commencement du livre, volume ou pages que l'on microfilme, après chaque "volume" et "à suivre". Centrer et filmer à la réduction utilisée. Inserer la réduction et l'exposition ("red." et "exp.") avec photocopy.Filme diesen "Prüf-Muster" (Test-Pattern) zum Beginn eines jeden Buches,

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

Visible Translated Text Is As Follows: 78mediately beneath the surface 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 takes 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

Visible Translated Text Is As Follows: contents in Mary Phagan's case. It showed plainly that it hadnot begun to dissolve, or only to a very slight degree, andindicated that the process of digestion had not gone on to anyextent at the time that this girl was rendered unconscious. Ifound that the starch she had eaten had undergone practicallyno alteration. The contents taken from the little girl'sstomach was examined chemically and the results showed thatthere were only slight traces of the first action of the diges-tive juices on the starch. It was plainly evident that none ofthe material had gone into

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: brain nor the meninge were affected. There was a littlecontusion on the interlining of the skull. There was no bleedingon the brain tissues. I don't know whether it would produceunconsciousness or not. I was never asked before to examinethe inside of anybody's skull to determine the fact whetherdeath or unconsciousness resulted from the wound. It is myimpression that this lick did produce unconsciousness, but Iwon't swear it, I don't know. The hemorrhage which we dis-covered in the skull caused no pressure on the brain. That wasno sign that unconsciousness resulted. Where a person is

Visible Translated Text Is As Follows: present when Dr. Harris made the post mortem examination of thisgirl. Cabbage is digested better by some people than others.It depends on the individual- very much. It is considered hardto digest. It depends largely on mastication. You can chew upso thoroughly that it would go down into the stomachalmost a liquid, but it would not be digested until the stomachtook up that chewed mass. It would take a much longer time todigest and assimilate unmasticated cabbage than if it had beenthoroughly chewed. It takes about 3 1/2 hours to digestcabbage properly masticated, and it

Visible Translated Text Is As Follows: 77Q. (By Mr. Arnold) had been in the child's stomach. A blow onthe back of the head might blacken one or both eyes.RE-DIRECT EXAMINATIONI think excitement could produce flow from the uterus. Idon't think it would cause any discoloration of the walls ofthe vagina except from the blood.DR. H. F. HARRIS, sworn for the State.I am a practicing physician. I made an examination of thebody of Mary Phagan on May 5th. On removing the skull I foundthere was no actual break of the skull, but a little hemorrhageunder the skull, corresponding to the point

Visible Translated Text Is As Follows: some urine on her underclothes and there were some dry bloodsplotches there. The right leg of the drawers were split with aknife or torn right up the seam. Her right eye was very darklook-ed like it was hit before death because it was very much swollen;if it had been hit after death there wouldn't have been any swell-ing. I found a wound 2-1/4 inches on the back of the head. It wasmade before death, because it bled a great deal. The hair was mattedwith blood and was very dry. If it had been made

Visible Translated Text Is As Follows: DR. CLAUDE SMITH, sworn for the state.I am physician and city bacteriologist and chemist. These chips (exhibit B-State) appear to be the specimen which the detectives brought to my office and which I examined, they had considerable dirt on them and some coloring stain. On one of them I found some blood corpuscles. I do not know whether it was human blood. This shirt (Exhibit B for State) appears to be the same shirt brought to my office by detectives which I examined. I examined spots and it showed blood stain. I got no

Visible Translated Text Is As Follows: an inch through the teeth. There was a cord on the left knee, about 2 inches below the knee. There were some superficial scratches on the left and right elbow. There was a cord around the neck and this cord was imbedded into the skin and in my opinion she died from strangulation. This cord (Exhibit "C" for State) looks like the cord that was around her neck. There was swelling on the neck. In my opinion the cord was put on before death. The wound on the back of the head seemed to

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: told him I was not. He was not there when I went through the factory and when I told him about it, he said I bet you were scared. He walked around this way a little bit and he was kind of shaking like that (illustrating). His fingers were trembling.NELL STANFORD, Sworn for the State (recalled).The door in the rear part of the factory on the second floor on Friday evening was barred. There is no way in the rear of the building to come down to the second floor when the door is

Visible Translated Text Is As Follows: - 65 -lady answered the telephone. I got them in a few minutes. Itried to get Mr. Frank again about five o'clock - Central saidshe rang and she couldn't get him. There was some blood onthe girl's underclothes.CROSS EXAMINATION.There was a wound on the left-hand side of the girl's headThe blood was dried up. It was wet right next to the skin.Lee said over the telephone that it was a white girl. Ittook us about three minutes to get to the factory from thepolice station, just as quick as the automobile could get usthere.

Visible Translated Text Is As Follows: following answers at the coroner's inquest: "Q. Had you everseen him change that before? A. Well, he put the tape inonce before. Q. When was that? A. I don't know, sir, whenit was, it was one night. Q. How long did it take him thefirst time you ever saw him put the tape on? A. I neverpaid any attention to him. Q. Well, about how long did ittake him, five minutes? A. No, sir, it didn't take himthat long. Q. Did it take him a minute? A. I couldn'ttell exactly how long. Q. How

Visible Translated Text Is As Follows: Chief Lanford at the end of the statement, xxxxx I wrote the statement out in longhand the same day. I don't remember exactly when.ALBERT MCKNIGHT, Sworn for the State.My wife is Minola McKnight. She cooks for Mrs. Seling. Between 1 and 2 o'clock on Memorial Day I was at the home of Mr. Frank to see my wife. He came in close to 1:30. He did not eat any dinner. He came in, went to the sideboard of the dining room, stayed there a few minutes and then he goes out and catches a

Visible Translated Text Is As Follows: Birmingham, I told it to Mr. Craven of the Beck & GreggCompany. It was before Minola went down to the jail. Mr.Starnes, Mr. Campbell, Mr. Morse, Mr. Martin and Mr. Dorseyall talked to me. I didn't go down to see Minola at thestation house. I didn't see Mrs. Frank or Mrs. Seling thatSaturday through the mirror. I didn't keep my eye on the mir-ror all the time. I couldn't tell who was in the dining roomwithout looking in the mirror. Mr. Frank got there not laterthan 1130. Mr. Frank came on back to Pulliam

Visible Translated Text Is As Follows: when I asked Mr. Frank for Mary's money. Some of the officeforce were there, but I can't recall their name. I worked inthe metal department about two years. I never saw little MaryPhagan in Mr. Frank's office. I don't think Mr. Frank knew myname, he knew my face. It has been some time since I asked forMary's pay by number. I do not believe that I ever saw Mr.Frank speak to Mary Phagan.RE-DIRECT EXAMINATION.I don't know who paid on Friday, April 25th.R. L. WAGGONER, Sworn for the State.I am a city detective. On Tuesday,

Visible Translated Text Is As Follows: 62is a representation to show a full view from Frank's desk into the hall, as a matter of fact it is a single door, standard size. It looks like it was drawn to open up a space to give as much view as possible out into the hall. The safe is shown to be about half its real size on this picture. On the picture it is shown to be about one-third the width of the door, as a matter of fact it is about the same size. When the safe door is open,

Visible Translated Text Is As Follows: was very nervous Tuesday after the extra came out saying thatthey were going to arrest him. That was about 15 or 20 minutesbefore they arrested him. As to who gets up the data for Mr.Frank for the financial sheets, Mr. Loeb sometimes, and Mr.Gantt used to get up some, and Mr. Schiff gets it up sometimes.Mr. Frank got it up himself, sometimes. No, I do not knowthat Mr. Schiff furnished it to him all the time. I never noticedwhether Mr. Lee was nervous or not at any time, but of course, helooked bothered and

Visible Translated Text Is As Follows: being scattered around. I have soratoh pads of that shape soatter- ed around even in the basement. That soratoh pad is used all over the factory, everywhere there is a foreman or a forelady. No, not in the area around the elevator there, the trash is carried down- stairs right in front of the boiler, sometimes if they are in a hurry they leave it around the elevator for a little while, and when I go down I make the negro move it to the boiler. It is usually burned. Some of it may

Visible Translated Text Is As Follows: it ran over a little child. He came in about 2:30 and he couldn't work any more on his books until a quarter after four. He trembled just as much on that occasion as he did on the Sunday after Mary Phagan was killed. Another time I remember when I went over to the main factory and he and Mr. Montag had a fuse on the fourth floor. Mr. Montag hollered at him considerably and he was very nervous the rest of the evening, he shook and trembled. He says "Mr. Darley I just

Visible Translated Text Is As Follows: Saturday morning and the fact that I moved those planks makes me know that I left the elevator unlocked. The elevator makes a good deal of noise when it starts and when it stops.RE-DIRECT EXAMINATIONI was on the second floor when all of these people came in the factory. Mr. Frank worked on his books until he got ready to go to Montags. I think it was about an hour. I checked freight with a one-legged draymen about 10:30, his wagon was right in front of the door.N. V. DARLEY, sworn for the State.My

Visible Translated Text Is As Follows: murder was committed in the basement. Mr. Frank stated thatit looked easy for the staple to be pulled out and Iagreed with him, because the staple looked black and it lookedto me as if it had been pulled out before. On Monday Mr.Frank explained about why he was nervous on Sundaymorning. I heard him speak of the murder numerous times.When we started down the elevator Mr. Frank was nervous,shaking all over. I can't say positively as to whether hiswhole body was shaking or not, but he was shaking. Newt Leeseemed to be composed when

Visible Translated Text Is As Follows: no blood spots on 1t. I don't think anybody could answerhow many strands of hair Barrett found. They were woundaround the lever. I don't think there were over 6 or 8 at theoutside. It was pretty hard to tell the color. It is myunderstanding that Barrett has been doing most of the discover-ing done in the building. He has lost quite some time sincethe murder, and buys quite some extras and reads them. Thewhite stuff particularly hid the spots. It looked like therehad been an attempt to hide them, but you could see the

Visible Translated Text Is As Follows: factory; the production of the following different kinds of pencils that were produced. There are perhaps 75 or 80 different kinds, besides the special imprint pencils. Mr. Frank had to get all the data from the various departments of the factory, particularly the packing room. The cost of production was estimated most of the time as to the merchandise. The other figures were real figures. Merchandise is bought by the month and he had to figure it up at the end of the month to get the average. To arrive at the profit that

Visible Translated Text Is As Follows: is cheap lead or good lead. The 2765 1/2 means 2765 1/2gross. Further on down you find the different items that makeup that figure under the head of wrappers, leads, tips, etc.The next figure is under rubber, 720 gross at 6 1/2 ₵. Thosefigures come from the plugging department or he can get themfrom the goods as they are delivered to the packing room, byknowing the styles and numbers, you can tell whether it is atipped or untipped pencil. You get that from the shippingroom and the other from the metal room. He arrives

Visible Translated Text Is As Follows: sheet). There are 24 itemized items, and the word "jobs" impliesI don't know how many different kind of jobs. There are24 different kind of pencils. He puts them there as having beenproduced that week. He got the reports as to the quantity ofeach kind of pencil and had to tabulate all those reports andarrive at the total of each kind. No, I don't think he had tofigure out the cost of production of each kind, but he figuresthe quantity of each kind of pencil and shows its value on thesheet. Starnes and Black and

Visible Translated Text Is As Follows: 57"Yes." I then asked her how was her father, and she said,"My father is dying, I think". Then she spoke to me aboutgetting some assistance from the office for burial expenses,and she commenced to cry and I walked down the steps with herto the front door. That was about 9:30. Mr. Frank stayed atthe factory until 9:40, when we left together. We went on upto the corner of Hunter and Forsyth, took a drink of sodawaterat Cruickshank's at the corner of Forsyth and Hunter. He leftme then and started towards Montag's. That's the last

Visible Translated Text Is As Follows: cloudy most of the day. It was dark there around the elevatoron the first floor and we had big heavy boxes piled up there.One of them must have been almost as large as a piano box. Ifa man got between those boxes, we would have had to hunt tofind him. It is very dark on the second floor between theclock and the metal room. It is dark behind the ladies dress-ing room and on the side next to the ladies toilet. As you goto the stairs from the metal room, it is very dark.

Visible Translated Text Is As Follows: me and sent for me one time. The first time I went there, ChiefLanford, Mr. Dorsey, Mr. Stephens and the stenographer wasthere. They all asked me questions, one would ask me aquestion and before I got that answered, another would ask mea question. The next time I went there, Mr. Dorsey, Mr. Starnes,Mr. Campbell and the stenographer were there. Mr.Dorsey did all the questioning this time. When Mr. Frankwas engaged on his work in the factory he was very intent onhis work, very earnest and industrious. I don't think a daypassed at the factory

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: mention his hanging his head. He always work with thepolice on criminal cases. No, I did not testify before theCoroner about any white stuff having been smeared over thesesupposed blood spots. I am not sure whether I got the state-ment about Mary Phagan being familiar with Gantt from Mr.Darley or Mr. Frank. Mr. Frank was present at the time. Mr.Frank told me when the little girl asked if the metal hadcome back that he said "I don't know." It may be true that Iswore before the Coroner that in answer to that question fromMary

Visible Translated Text Is As Follows: 48in Mr. Frank's office. He was not there. I didn't see or hear anybody in the building. The door to the metal room was closed. I had on tennis shoes, a yellow hat and a brown rain coat. I looked at the clock on my way up, it was five minutes after twelve and it was ten minutes after twelve when I started out. I had never been in his office before. The door to the metal room is sometimes open and sometimes closed.CROSS EXAMINATION.I didn't look at the clock to see what time

Visible Translated Text Is As Follows: factory. That spot was not there Friday. The spot was about 4 or 5 inches in diameter and little spots behind these from the rear--6 or 8 in number. I discovered these between 6:30 and 7 o'clock Monday. It was blood. It looked like some white substance had been wiped over it. We kept potash and haskolene, both white substances, on this floor. This white stuff was smeared over the spots. It looked like it had been smeared with a coarse broom. There was a broom on that floor, leaning up against the wall.

Visible Translated Text Is As Follows: in the metal department, then I suggested to search right away;that was the only spot I could tell I could tell it wasblood by looking at it. I can tell the difference betweenblood and other substances. I found the hair some few minutesafterward--about 6 or 8 strands of hair and pretty long.When I left the machine on Friday I left a piece of work inthere. When I got back the piece of work was still there, Ithad not been disturbed. The machine was in the same positionin which I left it Friday night. There

Visible Translated Text Is As Follows: Next to the ladies' closet they are a lot of different things, mineral paints, barrels, etc, all sorts of things. That's part of the metal room where they are kept. I swept clear up to the doors of the toilets and clear up to the paint shop. It wasn't my duty to sweep where the machines are and where Mary worked but I did sweep there anyhow. I have done that several times before. There were paint spots in several different places up there when I swept up Friday. These blood spots were right

Visible Translated Text Is As Follows: paint back in bottles. Of course if a bottle would breakthe paint would get all over the floor. The white stuffthere didn't hide the red at all. You could see it plainly.RE-DIRECT EXAMINATIONThe pencils are painted on the third floor. There isn'tany paint used at all in the factory only in the polishingroom, except on the third floor.B. B. HASLETT, sworn for the state.I went to Mr. Frank's house Monday morning after themurder about 7 o'clock. I went out there and got him andtook him to the station house. He was at the station

Visible Translated Text Is As Follows: end out and people that come in and out. As to what I did to the elevator on that Saturday, I didn't do anything except that when Mr. White and Mr. Denham were working on the top floor, I started the elevator up and ripped up a plank for them. The elevator was locked when I sawed that plank for them but when I left it was un- locked. I looked it Friday night when I left there. But I went off from there Saturday and forgot to lock it. When I made that

Visible Translated Text Is As Follows: ing. Anybody could have walked from the fourth floor tothe second floor all day long; there was no obstruction. Aman at the stairway on the third floor can see the secondfloor in front of the clock. The front doors were unlockedall the morning and they were still unlocked when I left.When Mr. Denham and Mr. White asked me to saw some timber forthem that morning, I went and got the key and unlocked themotor that runs the elevator. I left it unlocked after that.Anybody could have started the elevator running then by throw-ing in

Visible Translated Text Is As Follows: that was discovered in the building, hair, blood, and pay envelope. That is what he said to me, I have never seen Mr. Frank speak to Mary Phagan. I was at the factory at 6:30 Saturday morning. I was the first man that got there. Denham and White came in about 7 o'clock and went up on the fourth floor. They were doing some work up there. I had to saw that plank for them. They told me that I would take them until about 8 o'clock. The office boy, Alonzo Mann, 13 or

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: RE-DIRECT EXAMINATIONMr. Frank had told me that he didn't think Newt Lee had told all he knew about the murder. He also said after looking over the time sheet and seeing that it hadn't been punched cor rectly that that would have given Lee an hour to have gone out to his house and back. I don't know when he made this last statement. I don't remember whether that was before or after I went out to Lee's house and found the shirt. It was after Mr. Frank told me about the skips in

Visible Translated Text Is As Follows: not told him her name. I used to know Mary when she was a littlegirl, but I have not seen her up to the time I went towork for the factory. My work was in the office and she workedin the rear of the building on the same floor in the tip depart-ment. After I was discharged, I went back to the factoryon two occasions. Mr. Frank saw me both times. He made noobjection to my going there. One girl used to get pay envelopesfor another girl with Mr. Frank's knowledge. There was an

Visible Translated Text Is As Follows: said, "Well, I have a pair of black ones here too," and hekind of studied a little bit, and said "go ahead withhim and stay with him until he gets his shoes," and I wentup there and found both pair right where I had left them- Mr.Frank looked pale and nervous and kind of hesitated andstuttered like he didn't like me in there somehow or other.CROSS EXAMINATION.I testified at the coroner's inquest. I admit I did nottestify about Frank's knowing Mary very well there, that hasbeen recalled to my mind since I was arrested

Visible Translated Text Is As Follows: five blocks from the factory. I got there a few minutes after one. Mr. Frank told Mr. White if I wanted to get out before 3 o'clock, to come on down because he was going to leave and lock the door, that I had better be ready to go as soon as he got his coat and hat. I went on out and as I passed he was sitting in the outside office writing at a table. As I was going on down the steps I saw a negro sitting on a box close

Visible Translated Text Is As Follows: tors of this company and myself have had a conference andthought that the public should demand that wehave an inves-tigation made, and endeavor to determine who is responsiblefor this murder," and Mr. Frank then said he had just comefrom police barracks and that Detective Black seemed to sus-pect him of the crime, and he then related to me his move-ments on Saturday, April 26th, in detail. He stated that hearrived at the factory at 8 A.M., that he left the factorybetween 9:30 and 10 with Mr. Darley for Montag Bros. for themail, that he

Visible Translated Text Is As Follows: out of the factory, as far as he knew, but on the way out, Mrs. White made the statement that she had seen a negro on the street floor of the building behind the boxes, and Mr. Frank stated that at 1:10 P.M. he left the factory for home to go to luncheon; he arrived at the factory again at 3 P.M., went to work on some financial work and at about four o'clock, the night watchman reported for work, as per Mr. Frank's instructions the previous day; that he allowed Newt Lee to

Visible Translated Text Is As Follows: been found. From there we went down and examined the time clock and went through the south aisle and down the ladder into the basement, where I was shown that everything had been found. As to Mr. Frank's manner and deportment at the time we were in his office, he seemed to be perfectly natural. I saw no signs of nervousness. Occasionally between words he seemed to take a deep breath and deep sighs about four or five times. His eyes were very large and piercing. They looked about the same they do now.

Visible Translated Text Is As Follows: and I saw white smeared where the chips had been cut out andthere were also some dark spots over the chipped out places.It was just as though somebody had taken a cloth and rubbedsome white substance around in a circle, about eight inchesin diam eter. This white stuff covered all of the dark spots.I didn't note any unusual sign of nervousness about Frank inhis office. There wasn't any trembling or anythingof that sort at that time. On Tuesday night, April 29, BlackMr. Frank and myself were together and Mr. Black told Mr.Frank that he

Visible Translated Text Is As Follows: took place shortly after midnight, Wednesday, April 30. On Monday afternoon, Frank said to me that the first punch on Newt Lee's slip was 6133 P.M. and his last punch was 3 A.M. Sunday. He didn't say anything at that time about there being any error in Lee's punches. Mr. Black and I took Mr. Frank into custody about 11:30 A.M. Tuesday, April 29th. His hands were quivering very much, he was very pale. On Saturday May 3, I went to Frank's cell at the jail with Black and I asked Mr. Frank if

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: to get her pay." He said, "I will tell you about the exact timeshe left here. My stenographer left about twelve o'clock, anda few minutes after she left, the officeboy left and Mary camein and got her money and left." He said she got $1.20 and heasked whether anybody had found the envelope that the moneywas in. Frank still seemed to be nervous like the first timeI seen him. It was just his quick manner of stepping aroundand his manner of speech like he had done at the house thatindicated to me that he

Visible Translated Text Is As Follows: keys out, unlocked the door of the right hand clock and lifted out the slip, looked at it and made a remark then the slip was punched correctly. Mr. Darley and Newt Lee was standing there at the time Mr. Frank said the punches had been made correctly. Mr. Frank then put in a new slip, closed the door, locked it and took his pencil and wrote on the slip that he had already taken out of the machine, "April 26, 1913." I looked at the slip that Mr. Frank took out (Defendant's Exhibit

Visible Translated Text Is As Follows: and the piece of undershirt was broke me her hair mouth. The cord around her neck was drawn so tight it was sunk in her flesh. I don't know whether Mr. Frank went upstairs or not after we reached his house. I think he called to his wife to get him his collar and tie. He got his coat and vest some place, but I don't know where. At the time Mrs. Frank was calling Mr. Darley, Mr. Frank was putting on his collar and tie down in the reception hall. We were at

Visible Translated Text Is As Follows: to them and Mr. Gheesling was looking straight across the body at them. Mr. Frank had no difficulty in unlocking the safe when we went back to the factory. The elevator we went down on is a freight elevator, makes considerable noise. It stops itself when it gets to the bottom. I don't think it hits the ground. She was lying on her face with her hands folded up. Her face was turned somewhat toward the left wall. A bruise on the left side of her head, some dry blood in her hair. One

Visible Translated Text Is As Follows: When the face was turned towards me, Mr. Frank stepped out of my vision in the direction of the cheseling's sleeping room.MISS GRACE HICKS, Sworn for the State.I knew Mary Phagan nearly a year at the pencil factory. She worked on the second floor. I identified her body at the undertakers Sunday morning, April 27th. I knew her by her hair. She was fair skinned, had light hair, blue eyes and was heavy built, well developed for her age. I worked in the metal room, the same room she worked in. Mary's machinewas right

Visible Translated Text Is As Follows: year in the same department and I never saw Mr. Frank speak to Mary Phagan or Mary Phagan speak to Mr. Frank. When Mr. Frank came through the metal department he never spoke to any of the girls; just went through and looked around. The three times Mr. Frank spoke to me were as follow. He was showing a man around and I was laying on my arm mighty near asleep and he says you can run this machine asleep can't you, and I said, "Yes, sir." Then another time I asked him for

Visible Translated Text Is As Follows: JOHN R. BLACK, Sworn for the State.I am a city policeman. I don't know the details of the conversation between Mr. Starnes and Mr. Frank over the 'phone. I didn't pay very much attention to it. I went out to Mr. Frank's house with Boots Rogers. Mrs. Frank came to the door. Mrs. Frank had on a bath robe. I stated that I would like to see Mr. Frank and about that time Mr. Frank stepped out from behind a curtain. His voice was hoarse and trembling and nervous and excited. He looked to

Visible Translated Text Is As Follows: could tell by going over to the factory and looking at his oashbook. At the Pencil factory Mr.Frank took the slip out,lookedover it and said it had been punched correctly. On Monday or Tues-day following Mr.Frank stated that the clock had been mispunchedthree times. This slip was turned over to Chief Lanford on Monday.I saw Mr.Frank take it out of the clock and went back with it to-ward his office. I don't know of my own personal knowledge that itwas turned over to Chief Lanford Monday. When Mr.Frank was downat police station on Monday

Visible Translated Text Is As Follows: When I said that Mr. Frank was released I spoke before I thought. I retractedit on cross-examination. I don't know that Mr. Roaser was at the police station between 8 and 8:30 Monday morning, I said that to the best of my recollection. I wouldn't swear Mr. Rosser was there. I heard Mr. Rosser say to Mr. Frank to give them a statement without a conference at all between Mr. Frank and Mr. Rosser. I said that we wanted to have a private talk with Mr. Frank without Mr. Rosser being present. I wanted

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

Visible Translated Text Is As Follows: 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 wefound 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

Visible Translated Text Is As Follows: Found and identifies different parts of the building on the diagram. Witness states that diagram 1-A (State's Exhibit A) is a fair representation of the parts testified by him, i.e., main floor and stairs, basement, boiler, partition in basement, spot where body was found, and of the entire building.CROSS-EXAMINATIONWe arrived at the factory about 3:30. Lee told us it was a white woman. It took us some time to determine whether it was a white woman or not. We didn't know until the dust was removed from her face and we pulled up the

Visible Translated Text Is As Follows: 14enough of it to have seen what it looked like, coming up to it.I made an experiment in the day time to see whether he couldsee the body or not, and I found he could see the feet, youcould see the bulk. Unless he was looking directly for someoneI don't think he could see it. The place where I thought Isaw someone dragged was right in front of the elevator, directlyback. It began immediately in front of the elevator, right atthe bottom of the shaft. The hat was possibly nearer theelevator than the shoe.

Visible Translated Text Is As Follows: to see whether Newt Lee could have seen the body from where hestood. We placed a bulk about the size of an ordinary bodyabout the same position that this body was found in and you couldsee the bulk of the body by looking carefully by standing at thespot Newt Lee said he had seen it. A man couldn't get down thatladder with another person. It is a difficult matter for oneperson to get through the scuttle hole. The signs of dragging thatI saw was right at the bottom of the elevator shaft, on the

Visible Translated Text Is As Follows: The staple on the back door looked as if it had been pried out with a pipe pressed against the wall. There was a pipe there that fitted the indentation on the wood. I called Mr. Frank on the telephone, and told him I wanted him to come to the pencil factory right away. He said he hadn't had any breakfast. He asked where the night watchman was. I told him it was very necessary for him to come and if he would come I would send an automobile for him, and I asked

Visible Translated Text Is As Follows: door which looked like they had bloody finger prints. I don't know when Frank was arrested. I don't think he was arrested on Monday. He was asked to come to the station house on Monday. It takes not over three minutes to walk from Marietta Street at the corner of Forsyth Street across the viaduct and through Forsyth Street down to the pencil factory. Lee was composed at the factory; he never tried to get away. The door to the stairs from the office floor to third floor was barred when I first went

Visible Translated Text Is As Follows: W. W. ROGERS, sworn for the State.18I am now connected with Judge Giredean's court. I was at the station house Saturday night, April 26th, and went to the National Pencil Company's place of business. It was between five and five thirty that I heard Mr. Starnes have a conversation over the phone. I heard him say, "If you will come I will send an automobile after you." It took us five or six minutes to get out to Mr. Frank's residence at 68 E. Georgia Avenue. Mr. Black was with me. Mrs. Frank opened

Visible Translated Text Is As Follows: 19he came through the curtains. He seemed about briskly. He asked questions in rapid succession, but gave plenty of time between questions to have received an answer. Mr. Frank and Mr. Black got on the rear seat and I took the front seat and as I was fixing to turn around, one of us asked Mr. Frank if he knew a little girl by the name of Mary Phagan. Mr. Frank says: "Does she work at the factory?" and I said, "I think she does." Mr. Frank said, "I cannot tell whether or not

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

Here is the extracted text from the image: 2from Mary Phagan's home. I have known her about a year. Thelast time I saw her was Saturday morning going to town on theEnglish Avenue car. It was about ten minutes to twelve when Ifirst saw her. I left her about seven minutes after twelve atthe corner of Forsyth and Marietta Street. She had on that hat,transfer and things when I left her. She was going to the pencilfactory to draw her money. She said she was going to see theparade at Elkin-Watson's at two o'clock. She never showed up.I stayed around

Here is the extracted text from the image: on Saturday evenings I have to come at five o'clock. On Fridaythe 25th of April, he told me "Tomorrow is a holiday and Iwant you to come back at four o'clock." I want to get off alittle earlier than I have been getting off." I got to thefactory on Saturday about three or four minutes before four. Thefront door was not locked. I pushed it open, went on in and gotto the double door there. I was paid off Friday night at sixo'clock. It was put out that everybody would be paid

Here is the extracted text from the image: It took him twice as long this time than it did the other timesI saw him fix it. He fumbled putting it in, while I held thelever for him and I think he made some remark about he was notused to putting it in. When Mr. Frank put the tape in I punchedand I went on down-stairs. While I was down there Mr. Ganttcame from across the street from the beer saloon and says, "Newt,I got a pair of old shoes that I want to get upstairs to havefixed." I says, "I

Here is the extracted text from the image:---5lit it at six o'clock myself. On Saturdays I always lit it, but weekdays it would always be lit when I got there. On Saturdays I always got there at five o'clock. This Saturday he got me there an hour earlier and let me off later. There is a light in the basement down there at the foot of the ladder. He told me to keep that burning all the time. It has two little chains to it to turn on and turn off the gas. When I got there on making my

Here is the extracted text from the image: 6and didn't say nothing while Mr. Darley was speaking to me.Boots Rogers, Chief Lanford, Darley, Mr. Frank and I were therewhen they opened the clock. Mr. Frank opened the clock and said -the punches were all right, that I hadn't missed any punches.I punched every half hour from six o'clock until three o'clock,which was the last punch I made. I don't know whether theytook out that slip or not. On Tuesday night, April 29th,at about ten o'clock I had a conversation at the station housewith Mr. Frank. They handcuffed me to a

Visible Translated Text Is As Follows: before the coroner that he had been given one of the pair of shoes of Mr. Gantt to one of the boys, they got that wrong. On Saturdays I had to wake up usually and get to the factory at twelve o'clock. This time Mr. Frank told me to get back at four. I did say before the coroner that he was looking down when he came out of his office. I told them also that there was a place in that building where I could go to sleep, but they didn't ask me

Visible Translated Text Is As Follows: 8a difficulty and I knew that Mr. Frank didn't want him inthere. Mr. Frank had told me "Lee, I have discharged Mr. Gantt,I don't want him in here, keep him out of here," and he hadsaid, "when you see him hanging around here, watch him." Thatis the reason I thought Mr. Frank was startled when he saw Mr.Gantt. Mr. Gantt is a great big fellow, nearly seven feet.When he went out I watched him as he went to the beer saloonand I went on upstairs. He left the factory about half pastsix. I went

Visible Translated Text Is As Follows: between the body and the door, it was dark back there. Thebody was about sixty feet from that door. If the back door hadbeen open I could have seen that big light back there in thealley. The back door was closed when I found the body. Thefirst time I went down the basement that night was seveno'clock. I went just a little piece beyond the dark, so I couldsee whether there was any fire down there. That's what I waslooking for. Yes I could tell whether the door was open fromthere. No, I didn't

Visible Translated Text Is As Follows: 10was down in the closet I had to go at least ten feet to see whether or not there was any fire in the dust bin. I would have gone further if I hadn't discovered the body. When I saw the body, the closest I ever got to it was about six feet. I was holding my lantern in my hand. I just saw the feet. When I first saw it I was about ten feet from it. As to how far the body was from where I was sitting in the closet, it

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: the subject of the general character of the defendant, and it is forthe jury finally to determine from all the evidence whether hischaracter was good or bad. But a defendant is not to be convictedof the crime with which he stands charged, even though, upon a con-sideration of all the evidence, as to his character, the jury be-lieves that his character is bad, unless from all the other testimonyin the case they believe that he is guilty beyond a reasonable doubt.You will, therefore, observe that this is the rule you will beguided

Here is the extracted text from the image: to make it under the law. It is not made under oath and he is not sub-ject to examination or cross-examination. It is with you as to howmuch of it you will believe, or how little or it. You may go to theextent, if you see fit, of believing it in preference to the sworntestimony in the case.In the event, gentlemen, you have a reasonable doubt from theevidence, or the evidence and the statement together, or either :s tothe defendant's guilt as charged, then give the prisoner the benefitof that doubt and

Here is the extracted text from the image: Witnesses:INDEX #8 continued.Name D C RD RGHencook, Dr. Thomas - - 255 256Hatfield, Miss Willie - - 257 258Holloway, C. C. (recalled) - - - -Holmes, Miss Ida - - - -Holloway, A. C. - - 262 -Hays, Miss Ida - - 258 258Hays, Isaac - - 257 257Hunter, Joel C. - - 160 160Hays, Miss Velma - - 262 262Hall, Miss Hattie - - 164 164Harris, Mrs. A. L. - - 166 167Hall, Miss Cornithia - - 262 -Hall, Dr. A. L. - - 263 -Hall, Mrs. Fred - - 262

Here is the extracted text from the image: INDEX #2 continued.Witnesses:Willett, T. H. D 262 O 262 RD 262 RQWord, Miss Lizzie - D 262 O 262 RD 262 RQWilson, Mrs. S. A. - D 262 O 262 RD 262 RQWestmoreland, Dr. Willis P. - D 242 O 242 RD 242 RQWeinrauf, Godfrey - D 262 O 262 RD 262 RQWood, H. - D 262 O 262 RD 262 RQWardlaw, Mrs. J. - D 261 O 261 RD 261 RQWolfheimer, Mrs. Hennie - D 164 O 164 RD 164 RQWright, Miss Maude - D 262 O 262 RD 262 RQWildsmer,

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: 6 (Q). Did you hear A.H. Henselee, in Monroe, Georgia, between said dates, make any statements as to what he believed about the guilt of Leo M. Frank of the murder of Mary Phagan; if so, what were those statements?(A). Yes, he believed him guilty.6. (Q). Did A. H. Henselee, in Monroe, Georgia, between said dates, in your presence and hearing, say he thought Leo M. Frank was guilty of the murder of Mary Phagan; if so, did he state it positively and firmly; how did he make the statement? Give his

Here is the extracted text from the image: J. J. Nunnally and Virgil Harris, dealers in buggies, wagons andlive stock. Also Vice President W. H. Nunnally Co., generalsupplies and merchandiseJ. J. NunnallyGeorgia Walton County.Before me personally appeared J. J. Nunnally who, beingfirst duly sworn true answers to make to the above and foregoingwritten questions, answered same as above set forth, saidanswers executed, sworn to, and subscribed before me this Sept.27th, 1913.Clifford Walker.Notary Public Walton County, Ga.2.857

Here is the extracted text from the image: Certificate of the Court.The recitals of fact contained in the original motion for newtrial, and in the one hundred and twelve grounds of the forego-ing amended motion for new trial (the same being all the groundsof said original and all the grounds of said amended motion) arehereby approved as true, and the court has identified all theexhibits and they are made part of said motion for new trial.Oct. 31st, 1913.L. B. Roan,J. S. C. St. Mt. Ct.Filed in office this Oct. 31, 1913.John H. Jones, Deputy Clerk.

Here is the extracted text from the image: (ORDER OVERRULING MOTION.)After considering the above and foregoing motion and amendedmotion and affidavits submitted by the State the motion for anew trial is hereby overruled and denied.This October 31, 1913.L. S. Roan,Judge Superior Court Stone Mountain Circuit,Presiding.

Here is the extracted text from the image: STATE OF GEORGIAVS.LEO M. FRANK.MURDER.Fulton Superior Court.Trial: July 28 to Aug. 21, 1913.CHARGE OF THE COURT.Gentlemen of the Jury:This bill of indictment charges Leo M. Frank with the offense of murder. The charge is that Leo M. Frank, in this county, on the 26th day of April of this year, with force and arms, did unlawfully with malice aforethought kill and murder one Mary Phagan by then and there choking her, the said Mary Phagan, with a cord placed around her neck.To this charge made by the bill of indictment found by

Here is the extracted text from the image: doubt, one conjured up by the jury, but a reasonable doubt.Gentlemen, this defendant is charged with murder. murder is defined to be the unlawful killing of a human being, in the peace of the State, by a person of sound memory and discretion, with malice aforethought, either express or implied.Express malice is that deliberate intention unlawfully to take away the life of a fellow-being, which is manifested by external circumstances capable of proof.Malice shall be implied where no considerable provocation appears, and where all of the circumstances of the killing show an

Here is the extracted text from the image: Gentlemen, the object of all legal investigation is the discoveryof truth. That is the reason of you being selected, empanelled andsworn in this case - to discover what is the truth on this issueformed on this bill of indictment. Is Leo M. Frank guilty? Are yousatisfied of that beyond a reasonable doubt from the evidence in thiscase? Or is his plea of not guilty the truth? The rules of evidenceare framed with a view to this prominent end - seeking always forpure sources and the highest evidence.Direct evidence is that which immediately

Here is the extracted text from the image: Gentlemen, the object of all legal investigation is the discoveryof truth. That is the reason of you being selected, empanelled andsworn in this case - to discover what is the truth on this issueformed on this bill of indictment. Is Leo M. Frank guilty? Are yousatisfied of that beyond a reasonable doubt from the evidence in thiscase? Or is his plea of not guilty the truth? The rules of evidenceare framed with a view to this prominent end - seeking always forpure sources and the highest evidence.Direct evidence is that which immediately

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: Leo M. Frank was guilty of the murder of Mary Phagan, and further that he would bet one dollar or other sum, or would like to bet one dollar or other sum, that he, the said A. H. Henslee, would be put on the jury to try Leo M. Frank for the murder of Mary Phagan?(A). He stated that he had been summoned as a juror.8. (Q). State in full what is your business occupation, or if more than one, what are your business occupations?Member of the firm of Walker and Holmes,

Here is the extracted text from the image: EXHIBIT-LL.State of Georgia,Vs.In the Superior Court of Fulton County,Leo M. Frank.Georgia.To the Honorable George L. Bell, Judge of the Fulton SuperiorCourt:This application is presented to the Court by Leo M.Frank, the defendant in the above stated case; and shows to theCourt the following facts:The above stated case of the State of Georgia, Vs. Leo M.Frank, indictment for murder, has been tried, a verdict found,and this defendant sentenced; and a motion for a new trial insaid case is now pending before Honorable L. S. Roan, Judge ofthe Stone Mountain Circuit, and hearing set

Here is the extracted text from the image: The foregoing application read and considered. It is orderedthat Sig Teitlebaum, act as Commissioner in said case, inaccordance with Section 5818 of the Code of Georgia of 1910.This Sept., 28th, 1913.Geo. L. Bell,Judge of Superior Court, Atlanta Circuit.

Here is the extracted text from the image: Georgia,Fulton County.State of Georgia, Vs.Leo M. Frank.In Fulton Superior Court.Written questions to be propounded to C. P. Stough, a witnessfor the defendant in the motion for new trial pending in saidcase, set for hearing October 4, 1913, before Judge L. S. Roan,Judge of the Stone Mountain Circuit.1. Q. Do you know A. H. Henslee, who served on the jury inthe above stated case at the trial commencing July 28, 1913?A. Yes.2. Q. How long have you known him?A. About 6 or 7 years.3. Q. During the time between the murder of Mary

Here is the extracted text from the image: Georgia, Fulton County.Personally appeared O. P. Stough who having been duly swornmade answer as above indicated and sworn to the foregoing writtenquestions 1 - 6 inclusive said answer executed, sworn to andsubscribed before me this Sept. 29th, 1913.Sig. Teitelbaum,Not. Pub. Fulton County, Ga. and Commissionto take testimony.Rory Judge

Here is the extracted text from the image: Georgia,Fulton County.State of Georgia, In Superior Court of Fulton County,Vs. Georgia.Leo M. Frank.To the Honorable Clerk of the Superior Court ofWalton County, Georgia.This application shows the following facts:Heretofore, a verdict of guilty was returned in said case,judgment was passed by the Court, and a motion for new trialwas filed in said case, which said motion for new trial is setfor hearing on October 4th, 1913, before Judge L. S. Roan,Judge of the Stone Mountain Circuit.It is shown that there are three parties who reside in MonroeWalton County, Georgia, to-wit: J. J. Nunnally,

Here is the extracted text from the image: Georgia Fulton County.State of Georgia,Vs.In the Superior Court of Fulton County,Leo M. Frank.Georgia.Written questions to be propounded to J. J. Nunnally, Esq.W. L. Ricker, Esq. Virgil Harris, Esq., andresidence Monroe, Walton County, Ga.1. (Q). Have you examined the attached clipping from theAtlanta Georgian of August 23, 1913, and particularly the like-ness in said clipping of A. H. Henselee?(A). Yes I have.2. (Q). Do you know A. H. Henselee?(A). I do.3. (Q). Do you recall whether or not A. H. Henselee was inMonroe, Georgia, between the time of the murder of Mary Phagan,as

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, Muscogee County.State of Georgia, In the Superior Court of Fulton County,Vs. Georgia.Leo M. Frank.Before me, an officer authorized under the laws of Georgia to administer oaths, personally appeared 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.C. W. WozellR. P. Spencer,

Here is the extracted text from the image: EXHIBIT IIGeorgia, Fulton County.State of Georgia,Vs.In Fulton Superior Court.Leo M. Frank.Personally appeared the undersigned deponents, who, being duly sworn, depose and say that they are personally acquainted with C. P. Stough, of Atlanta, Fulton County, Georgia, and that they know him to be a man of high personal character, entirely trustworthy, and absolutely worthy of belief as to any statement made by him, whether on oath or otherwise.A. L. Guthman,L. P. Stephens,A. H. Van Dyke.Sworn to and subscribed before me,this 22nd day of Oct., 1913.C. W. Burke,N. P. Fulton Co., Ga.

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

Here is the extracted text from the image: EXHIBIT KK.State of Georgia,County of Fulton.State of Georgia, No.Vs. MurderLeo M. Frank. Fulton Superior Court.Personally appeared Leo M. Frank who on oath deposes and states that he is the defendant above named that he did not know nor has he ever heard until the end of his trial in the above stated case that A. H. Henslee and Merceius Johenning had any prejudice or bias against deponent nor that they or either of them had ever said or done anything indicating that they believed in deponents guilt, or had any prejudice or

Here is the extracted text from the image: EXHIBIT M MGeorgia, Hancock County.State of Georgia,Vs.Leo M. Frank.In Superior Court of Fulton County,Georgia.To the Honorable Clerk of the Superior Court of HancockCounty, Georgia.This application shows the following facts:Heretofore a verdict of guilty was rendered in said case,judgment was passed by the Court, and motion for new trialwas filed in said case, which said motion for new trial is setfor hearing on Oct., 4th, 1913, before Judge L. S. Roan, Judgeof the Stone Mountain Circuit.It is shown that there are three parties who reside in Sparta,Hancock County, Georgia, to-wit: John W. Holmes,

Here is the extracted text from the image: Georgia, Hancock County.State of Georgia,Vs.Leo M. Frank,In Superior Court of Fulton County, Georgia.Questions to be propounded to Shem Gray of Sparta, Hancock CountyGeorgia.1. (Q). Have you examined clipping from the Atlanta Georgianof Aug. 26, 1913, hereto attached, showing a picture of thejury in the above stated case, and showing a likeness of JurorA. 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 thequestion of whether or not Leo M. Frank was guilty of the murderof Mary Phagan, between

Here is the extracted text from the image: 6. (Q). Did you not hear A. H. Henslee state in Sparta Ga., between the time of the death of Mary Phagan and the commencement of the trial of Leo M. Frank for the murder of Mary Phagan, that Leo M. Frank was guilty of the murder of Mary Phagan? (A). Yes.7. (Q). Did you not hear A. H. Henslee say that he believed Leo M. Frank was guilty of the murder of Mary Phagan, and further that he would bet one dollar or other sum, or would like to bet one

Here is the extracted text from the image: Georgia, Hancock County.State of Georgia,Vs.In Superior Court of Fulton County,Leo M. Frank.Georgia.Questions to be propounded to T. W. Johnson of Sparta, HancockCounty, Ga.1. (Q.) Have you examined clipping from the Atlanta Georgianof Aug. 26, 1913, hereto attached, giving a picture of the juryin 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.) I know him by sight.3. (Q.) Did you or not hear A. H. Henslee discussing thequestion of whether or not Leo M. Frank was guilty of the