Leo Frank TV

Visible Translated Text Is As Follows: Witnesses—ContinuedVanderhoef, Prof. J. E., Page D 168, Page C 168, Page RD EO.Wardlaw, Mrs. J. J., Page 174.Weinkauf, Godfrey, Pages 133, 133.Westmoreland, Dr. Willis F., Pages 159, 160, 161.White, Miss Bessie, Page 220.Wildauner, Dr. B., Page 220.Willett, T. H., Pages 151, 151, 151.Wilson, Mrs. S. A., Page 220.Wolfsheimer, Mrs. Hennie, Pages 115, 115.Wood, H. M., Page 152.Word, Miss Lizzie, Page 220.Wright, Miss Mande, Page 220.Wright, Richard A., Page 168.Ziganki, F., Page 220.TESTIMONY FOR DEFENDANT IN SUR- REBUTTAL.Asher, S. L., Pages 242, 242.Brent, T. Y., Pages 241, 241.Frank, Leo M., Statement, Page 242.Haas, Miss C.

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

Visible Translated Text Is As Follows: Witnesses—ContinuedKlein, Milton, Page 137.Klein, Milton (Rec.), Page 220.Klein, Miss Ray, Page 220.Kriegehaber, V H, Pages 169.Lane, Alfred Loring, Page 167.Lasher, Herbert, Pages 163, 168.Leach, J. R., Page 153.Lee, Charlie, Page 133.Lee, Charlie (Rec.), Page 222.Levy, Mrs. A. P., Pages 114.Lewis, Harry, Page 168.Loeb, Cohen, Page 116.Loeb, Miss Helen, Page 220.Loeb, Julian, Page 116.Loeb, Marcus, Page 220.MacIntyre, D. I., Page 220.McCarley, P. D., Page 220.McCord, Miss Marjorie, Page 220.McCray, Truman (c), Page 130.McKnight, Minola (c), Page 109.McMurtry, Miss Lena, Page 220.McWorth, W. D., Page 141.Mann, Alonzo, Pages 122, 123.Marcus, Mrs. A. E., Page 127.Marcus, Mrs.

Visible Translated Text Is As Follows: Witnesses—ContinuedFrank, Mrs. Rae, Pages 124 125 126.Freeman, Mrs. Emma Clarke, Page 104.Freeman, Mrs. Emma Clarke (Rec.), Page 171.Fuss, Miss Julia, Pages 173 181.Fuss, Miss Julia (Rec.), Page 220.Gershon, Joseph, Page 220.Glogowski, Mrs. H., Page 170.Goldstein, M. F., Page 169.Goldstein, M. J., Pages 127 128.Goodman, Miss Lillie M., Page 220.Gotheimer, Harry, Pages 124 124.Greenfield, A. D., Pages 142 143.Guthman, Al, Page 220.Haas, Mrs. C. L., Page 242.Haas, Isaac, Page 247.Hall, Miss Corintha, Page 103.Hall, Miss Corintha, Page 220.Hall, Miss Mattie, Pages 100 101 103.Hamilton, L. M., Page 135.Hancock, Dr. Thomas, Page 156.Harris, Mrs. A. I.,

Visible Translated Text Is As Follows: Witnesses—ContinuedBernhardt, C. W., Pages 151 152.Bird, J. P., Page 185.Blair, Miss Mollie, Page 220.Boehm, Julian B., Page 220.Branch, Harlee, Pages 139 139 140 140.Brown, Mrs. Jos., Page 220.Butler, B. P., Pages 148 148.Butler, R. P. (Rec.), Page 221.Campbell, Wade, Pages 105 105 106 106.Carson, Miss Irene, Page 174.Carson, Miss Rebecca, Page 220.Carson, Mrs. E. M., Pages 118 118.Caston, Mrs. M. W, Page 221.Castro, L. M., Page 163.Chambers, Phillip, Pages 182 132.Childs, Dr. Leroy W., Pages 165 166.Cooper, V. S., Page 185.Coplan, Nathan, Page 187.Coplan, Nathan (Rec.), Page 220.Cowan, Miss Cora, Pages 117 117.Craig, Ed,

Visible Translated Text Is As Follows: Witnesses—ContinuedMaynard, C. J., Pages 234 236.Merk, W. P., Page 224.Niles, Dr. G. M., Pages 238 239 239.Owens, W. B., Page 231.Patrick, W. C., Page 221.Pettis, Miss Nellie, Page 221.Pickett, E. H., Pages 227 228.Reed, J. D., Page 235.Rice, J. S., Page 221.Robinson, Miss Ruth, Page 222.Rogers, W. W., Page 232.Scott, Harry, Pages 234 234.Smith, Miss Carrie, Page 221.Smith, Lem, Page 221.Starnes, J. N., Pages 235 235.Tillander, O., Page 232.Turner, W. E., Pages 223 233.Wallace, Mrs. Mary E., Page 221.Winkle, Miss Estelle, Page 221.Wright, W. M., Page 221.TESTIMONY FOR DEFENDANT.Adams, J. Q., Pages 150 151.Adler,

Visible Translated Text Is As Follows: Witnesses—ContinuedCraven, R. L., Page D 226 0 226 RD RO.Davis, Miss Mary, Page 221.Dobbs, Sergeant L. S., Page 232.Dobbs, W. C., Pages 232 232.Dougan, Mrs. C. D., Page 221.Duffy, J. E., Pages 223 223.Elder, W. J., Page 221.Epps, Vera, Page 234.Floyd, J. B., Page 231.Funk, Dr. John, Pages 240 241.Gaunt, J. M., Page 233.Godard, A. L., Page 221.Goddard, R. M., Page 221.Gordon, George, Page 224.Graham, E. K., Pages 233 233 225.Griffin, Miss Maggie, Pages 221, 223.Hale, W. C., Page 221.Hearn, J. T., Pages 221 221.Heifer, F. P., Page 221.Hendricks, J. H., Page 229.Hewell, Miss

Visible Translated Text Is As Follows: Witnesses--ContinuedHolloway, E. F., Page D 29, Page O 30, Pages RD 31,32, Page R0 -82.Holloway, E. F. (Recalled by Deft.), Pages 76, 77, 79, Page -80.Hurt, Dr. J. W., Pages 46, 46, 48, Page -48.Jefferson, Mrs. George W., Pages 28, 28, 29.Lassiter, R. M., Pages 43, 43, 43.Lee, Newt (Colored), Pages 2, 4, 7.McKnight, Albert, Pages 41, 41, 42.Magnum, C. W., Page 74.Parry, H. L., Page 40, Page -40.Rogers, W. W., Pages 11, 14, 15, Page -16.Rosser, S. L., Pages 52, 52.Scott, Harry, Pages 22, 25, 26.Scott, Harry (Recalled for State), Pages 80, 80,

Visible Translated Text Is As Follows: Urseabach, O. F. --ContinuedApril 27thFrank at his house, Page 125.No scratches or bruises on Frank, Page 125.Saw Frank again Sunday afternoon and evening, Page 125.Frank told him about tragedy, Page 126.4:00 p. m., Frank borrowed rain coat, Page 126.6:00 p. m., raincoat returned, Page 126.Bridge played at Urseabach home on Saturday nights, Page 126.Frank and wife did not play poker, Page 126.Urseabach, Mrs. C. F.April 26th1:30 p. m., took phone message from cook, Page 126.April 27thNo bruises or marks on Frank, Page 126.Raincoat borrowed from husband, Page 126.Told of tragedy by Frank, Page 126.Frank

Visible Translated Text Is As Follows: Stover, Monteen—ContinuedDid not see Frank, in, Page 26.Did not see safe, Page 26.Did not see wardrobe, Page 26.Metal room door closed, Page 26.This door sometimes open and sometimes closed, Page 26.Worked on fourth floor, Page 26.TThomas, K. T., civil engineer, Page 153.Distances to factory, fromBroad and Hunter Sts. 333 feet, 1½ minutes walk, Page 153.Marietta and Forsyth Sts. 1016 feet, 4½ minutes walk, Page 153.Whitehall and Alabama Sts., 831 feet, 3½ minutes walk, Page 153.Walked at fair gait, Page 153.Thompson, Mrs. Mattie, Page 173.Frank's character good, Page 173.Has known him 3 years, Page 173.Tillander,

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

Visible Translated Text Is As Follows: Selig Residence—ContinuedPictures of, Defense Exhibits 62, 63, Page 301.Plat of ground floor, Defense Exhibit 52, Page 299.Sinkovitz, N., Page 242.Pawned watch with M. E. McCoy, Page 242.Small, Miss Dora, Page 120.April 29th, at factory, Page 120.8:00 to 9:00 a. m., Frank talked to Miss Carson on business, Page 120.Conley worried her for money, Page 120.Asked for newspapers, Page 120.Bought extras, Page 120.Could read all right, Page 120.Said "Frank just as innocent as I am" and "God knows I am neveraround this place Saturday", Page 120.Elevator makes noise, shakes building, Page 120.Fourth floor, works on,

Visible Translated Text Is As Follows: Selig, Mrs. Emil, Page 112.April 26th1:10 p. m., had dinner, Page 112.1:20 p. m., Frank came to dinner, Page 112.He sat down and ate, Page 112.1:30 p. m., ladies left table, Page 112.Frank still eating, Page 112.6:10 p. m., saw Frank at Jacobs Pharmacy, Page 112.Stopped at Mrs. Loeb's, coming home, Page 112.6:30 p. m., reached home, Page 112.Found Frank there ahead of them, Page 112.No scratches or bruises on him, Page 112.Nothing unusual about him, Page 112.6:45 p. m., all sat down to supper, Page 112.Frank at supper with others, Page 112.7:15 p.

Visible Translated Text Is As Follows: Scott, Harry, Page 22.Black, worked with, Page 22.Pinkertons and police co-operated, Page 25.Conley's confession as to notes, Page 82.Frank, Leo M., Pages 80, 82April 29th, Frank taken into custody, by Scott and Black, Page 24.Witness first saw him, 28th, at factory, when Frank related in detail his movements on the 26th, Page 22.Lee, Newt, Page 22.Frank talked to, readily, at Scott's request, Page 24.Reports furnished Frank's attorneys, Page 23.Search of factory by Scott, Page 24.Selig, Emil, Page 110.April 26th, Page 111.Frank breakfasted before Mr. Selig, Page 111.1:15 p. m., Selig came to dinner, Page

Visible Translated Text Is As Follows: Schiff, Herbert G.--ContinuedUnreliable, Page 96.In stockade several times, Page 96.Women got him out, Page 97.Taken off elevator because unreliable, Page 96.Dalton, C. B., never saw him in factory, Page 87.ElevatorDark around, Page 92.Door to, easily lifted, Page 92.Motor box not kept locked, Page 92.Noise in operating, Page 92.Ferguson HelenApril 26th, paid off by Schiff, Pages 87, 96Did not ask for pay of deceased, Page 87.Financial sheetTestimony as to, Pages 86, 88, 89, 95.Frank, Leo M.As to nervousness, Page 91.Never spoke to deceased, Page 98.Hair, impossible to tell color of, Page 92.Haslkoline splashed all over

Visible Translated Text Is As Follows: Schiff, Herbert G, Page 85.April 25thFrank and Schiff left factory together 5:30 - 6:30 p.m., Page 87.April 26thSchiff intended coming to office but overslept, Page 87.Was called twice by Frank over phone, Page 87.April 27thSchiff saw Frank, no bruises on him, Page 91.April 28thFactory closed, too much excitement, Page 91.Girls standing around crying, Page 92.Had to suspend work, Page 92.Witness says Conley badly scared, Page 92.April 29thFrank and Schiff together at factory, Page 91.Frank did not speak to Conley, Page 91.Average SheetDiscussed and described, Pages 93, 95Miss Hall's initials "H.H." on, Page 93.Not to

Visible Translated Text Is As Follows: Quinn, Limmie—ContinuedSpots, could not tell whether of paint, varnish or blood, Page 106.Spots of bloodOften on floor from cutsWitness relates instances of cuts where girls bled profusely and passed by spots found by Barrett, coming to office to have cuts dressed, Page 106.Women, about 100, worked in factory, Page 106.RReed J. D.Conductor Hollis said George Epps and deceased on his car, 26th, Page 235.Denied by Hollis, Page 235.Rich relatives in Brooklyn, none, Page 125.Frank's parents worth only $20,000, Page 125.Robinson, Miss RuthSaw Frank once speak to deceased, Page 222.Called her by name, Page 222.Rogers,

Visible Translated Text Is As Follows: Pollard, C. L.Financial sheet examined by, Page 99.Testimony as to, Page 99.Would require exceeding three hours, Page 99.Pride, Arthur (c), Page 184.Always worked on second floor, Page 134.Except Saturdays, Page 134.On Saturdays, all over factory, Page 134.Conley, Jim,Character of, very bad, Page 134.Never associated with Conley, Page 134.Never saw Conley watching door on Saturdays, Page 134.ElevatorCan be heard when machinery stopped, Page 134.Makes roaring noise, Page 134.Motor makes loud noise, Page 134.Can hear while hammering going on, Page 134.SaturdaysHas not missed one since July, 1912, Page 134.Worked until 4:30 p. m., and all over

Visible Translated Text Is As Follows: Pictures (By J. Q. Adams)FactoryBasement, Def. Ex. 69, Page 301.Passage to rear door, Def. Ex. 71, Page 302.Place where body found, Def. Ex. 70, Page 301.Cotton sacks, place kept, Def. Ex. 75, Page 302.Elevator viewsBox, Def. Ex. 80, Page 302.Foot of Shaft, Def. Ex. 68, Page 301.Shaft and trap door, Def. Ex. 73, Page 302.Wheel, 4th floor, Def. Ex. 81, Page 303.First floorEntrance, Def. Ex. 72, Page 302.Second floorCotton sacks, where kept, Def. Ex. 75, Page 302.Floor chipped, Def. Ex. 77, Page 302.Metal room, Def. Ex. 74, 82, 83, 84, Pages 303.Closet to, views,

Visible Translated Text Is As Follows: Nix, M. O.--ContinuedFamiliar with Frank's handwriting, Page 123.Financial sheet in his handwriting, Page 123.Worked for Montag Bros., Page 123.OOwens, William, M.D., Page 143.Experiments at factory, with, Page 143.Assistance of Brent and Fleming, Page 143.Grand Jury, letter to, Page 147.Matter of conscience, Page 147.Owens, W. B.April 26th, Page 231.Reached city 12.05 p. m. on White City car, Page 231.Did not recall seeing on English Ave., car, Page 231.PPappenheimer, OscarAs to Financial sheets, Page 125.Parmelee, Mrs. J. O.Frank's character good, Page 170.Knows his character, how, Page 170.Knows his character, Page 170.Pay EnvelopeFound at factory by McWorth

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

Visible Translated Text Is As Follows: Maynard, C. J, Page 234.Dalton, C. B., at factory with woman in 1912, Page 234.Woman weighed about 125 pounds, Page 234.Merk, W. P.Knows Mrs. Daisy Hopkins, Page 234.Character for truth and veracity, bad, Page 234.Michael, JeromeApril 26th1:45 to 2:00 p.m., saw Frank at No. 387 Washington Street, Page 115.Time, how fixed, Page 115.Took dinner at No. 387 Washington Street, Page 115.Frank spoke to him and his mother, Page 115.Nothing unusual about Frank, Page 115.No scratches, marks, no nervousness, Page 115.Witness practicing lawyer in Athens, Page 115.Michael, Mrs. M. G, Page 114.April 26th2:00 p.m., was

Visible Translated Text Is As Follows: Mann, Alonzo--ContinuedFrank had him telephone Schiff, Page 122.Telephoned Schiff twice, Page 122.Left Miss Hall at factory with Frank, Page 122.Saw Holloway, Darley, Irby, McCraley there, Page 122.Office boy at factory, Page 122.SaturdaysBoy stayed until 3:30 to 4:00 p. m., Page 122.Frank always at work at that time, Page 122.Never saw any women in Frank's office, Page 122.Never saw Dalton there, on, Page 122.Marcus, Mrs. A. E, Page 127.April 26th, played cards, Selig home, Page 127.Frank sat reading in hall, Page 127.Nothing unusual about Frank, Page 127.10:00 p. m., Frank retired, Page 127.Marcus, Mrs. M,

Visible Translated Text Is As Follows: McCrary, Truman (c)—ContinuedNever saw Conley sweeping on, Page 131.Schiff and Frank worked on, Page 130.McKnight, Albert (c), Page 41.April 26th1:00 to 2:00 p. m., claimed to be at Big home, Page 411:30 p. m., Frank came home, witness did not see Frank eat, Page 41.Dining room at Selig home described, Page 41.Kitchen, witness claims to have watched Frank from, Page 41.McKnight, Minola (c), Page 109.April 26thCooked breakfast at Selig home, Page 109.Frank ate shortly after 7 o’clock, Page 109.1:00 to 2:00 p. m., Albert McKnight not there, Page 109.1:20 p. m., Frank came to

Visible Translated Text Is As Follows: Loeb, CohenApril 26th, Page 116.2:00 p. m., caught car Washington St. and Georgia Ave, Page 116.Frank boarded this car at Glenn Street, Page 116.They sat together, Page 116.2:10 p. m., Frank left car at Capitol, Page 116.Car blockaded, Page 116.Frank went West on Hunter Street, Page 116.Had on blue suit, wore derby hat, Page 116.Automobile of H. J. Hinchey almost collided with car, Page 116.Nothing unusual about Frank, Page 116.No marks on, no nervousness, Page 116.Loeb, JulianApril 26th, Page 116.1:50 to 2:00 p. m., saw Frank at Wolfshimer's residence, Page 116.Talking to Mrs. Michael

Visible Translated Text Is As Follows: Lee, Newt--ContinuedApril 26th.4.00 p. m., reached factory about, Page 2.Excused by Frank for 1½ hours, Page 2.6.57 p. m., returned to factory, Page 2.6.00 p. m., Gantt, J. M., came from saloon, Page 3.Went back to beer saloon in about half hour, Page 5.7.00 p. m., Frank phoned factory, Page 3.7.00 p. m., first trip to basement, Page 6.Witness says all factory doors unlocked evening of 26th, Page 6.April 27th.3.00 a. m., body discovered in basement, Page 3.Claimed he first saw it from toilet, Page 3.Notified police at once, Page 4.Clocks punched 26th and

Visible Translated Text Is As Follows: Kitchens, Miss Mamie, Page 222.Dressing room incident, Page 222.Frank asked if girls did not have work to do, Page 222.Kriegshaber, V. H., Page 169.Frank's character good, Page 169.Has known Frank 3 years, Page 169.Trustee Hebrew Orphans' Home, Page 169.Frank also Trustee, Page 169.Frank came to Home often, Page 169.LLane, Alfred L., Page 167.Brooklyn, lives, Page 167.Frank's character good, Page 167.Knew him 15 years and at Cornell and Pratt Institute, Page 167.Lasher, Herbert, Page 168.Frank's character good, Page 168.Knew him 3 years at Cornell, Page 168.Classmate and roommate 2 years, Page 168.He associated with best

Visible Translated Text Is As Follows: Kaufman, I. U.--ContinuedPlats and DrawingsBasement of factory, Defense Exhibit 61, Page 301.First floor of factory, Defense Exhibit 61, Page 301.Ground floor of Selig residence, Defense Exhibit 50, Page 299.Washington St. and Georgia Ave. corner, Defense Exhibit 53, Page 300Kelley, N.April 26th, deceased not on car of Matthews and Hollis, Page 231.Kendley, George,April 26thSaw deceased in life, Page 230.Bitter toward Leo M. Frank, Page 230.Asher, S. L. (242); Stahl, M. E. (241). Brent, T. Y. (241); Haas,Miss C. L. (242)Kendrick, L. T.Night watchman, former, nearly 2 years, Page 234.Clock needed setting then every twenty-four hours,

Visible Translated Text Is As Follows: Hunter, Joel C.Financial Sheet examined by, Page 98.Testimony as to, Page 98.Would require 3 to 3½ hours, Page 98.IIngram, Louis, Page 231.April, 26th, Page 231.Reached city on English Ave car, Page 231.Has seen car ahead of time, Page 231.JJackson, Miss IreneDressing room, about Frank going to, Page 172.Flirting from factory windows, Page 172.Frank's character good, Page 172.Has known him 3 years, Page 172.Jefferson, Mrs. George W.Cords in factory like cord about neck of deceased, Page 28.Paints, different colored, in factory, Page 28.Jones, Ivy (c)April 26th1:00 to 2:00 p. m., saw Conley at Hunter and

Visible Translated Text Is As Follows: Holloway, E. F. - ContinuedConley, JimFamiliar with whole building, Page 77.Not duty of Conley, but of Holloway to watch door, Page 78.Washing his shirt, 28th, Page 79.Tried to hide it from Holloway, Page 79.Witness did not see Conley, 26th, Page 78.Cords lying scattered all over factory, Page 31.Dalton, C. B., never in or about factory, Page 77.Day watchman at factory, Page 29.Distances measured by Holloway, Page 79.Frank, Leo M.Never familiar with Conley, Page 77.Never spoke to deceased, Page 30.Worked Saturdays at factory, Page 78.Gant, J. M., talked many times with deceased, Page 30.Hopkins, Mrs.

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

Visible Translated Text Is As Follows: Hays, Miss IdaConley's character bad, Page 170.Has known him two years, Page 170.Frank's character good, Page 170.Has known him two years, Page 170.Hewell, Miss DeweyFrom Home of Good Shepherd, Cincinnati, Page 222.Saw Frank once speak to deceased, Page 222.All other girls saw it, Page 222.No concealment, Page 222.Heyman, ArthurAttorney at law, Atlanta, Page 169.Frank's character good, Page 169.Has known him three or four years, Page 169.Hicks, Miss GraceBody of deceased identified, Page 15.Had known each other about a-year, Page 15.Employees paid off 6:00 to 7:00 p.m., 25th, Page 15.Witness saw Helen Ferguson at time,

Visible Translated Text Is As Follows: Haas, IsaacApril 27th, did not hear telephone, Page 147.His wife awakened him, Page 147.Frank's character good, Page 147.Hall, Miss CorinthiaApril 26th11:35 a. m., she reached factory, Page 103.Frank dismissing two men as she came in, Page 103.Freeman, Mrs. Emma with her, Page 103.11:45 a. m., left factory, Page 103.In factory at time were Arthur White, Mrs. May Barrett, her daughter, Harry Denham, Frank, and stenographer, Page 103.Frank's officeEntered, with Mrs. Freeman, Page 103.Frank writing in inner office, Page 103.Stenographer in outer office, Page 103.Telephone used by Mrs. Freeman, Page 103.Holloway, E. F., witness met

Visible Translated Text Is As Follows: Glogowski, Mrs. H, Page 170.Boarding house, keeps, Atlanta, Page 170.Frank's character good, Page 170.Goldstein, M. P, Page 169.Attorney at law, Atlanta, Page 169.Frank's character good, Page 169.Has known him three and one-half years, Page 169.Goldstein, M. J, Page 127.April 26th, Page 127.8:15 p. m., played cards, Selig home, Page 127.Frank read in hall, Page 127.Nothing unusual about Frank, Page 127.10:30 p. m. Frank retired, Page 128.His wife left 15 minutes after, Page 128.Gordon, George, Counsel for Minola McKnight, Page 224.As to her affidavit, Page 224.Gottheimer, Harry, Page 124.April 26th, Page 124.10:00 a. m., was

Visible Translated Text Is As Follows: Freeman, Mrs. Emma Clark, Page 104.April 25th, paid off by Schiff, Page 104.April 26th, Page 104.11.35 a. m., about, went to factory with Miss Corinthia Hall, Page 104.Witness saw in office Frank, two men, Miss White, and stenographer, Page 104.11.45 a. m., left factory, Page 104.Left in factory Mrs. May Barrett, and daughter, Mrs. White, Arthur, Page 104.White, Harry Denham, Frank, and stenographer, Page 104.Fourth floor, Page 104.Frank permitted her to go to, Page 104.Quinn, Lennie, she met after she left factory, Page 104.Telephone at factory, she used, Page 104.Fuss, Miss Julia, Page 121.April

Visible Translated Text Is As Follows: Expert Testimony—ContinuedJohnson, Clarence, M. D., Page 236.Kendrick, W. S., M. D., Page 182.Niles, George M., M. D., Page 238.Olmsted, J. C., M. D., Page 161.Smith, Claude, M. D., Page 45.Westmoreland, Willis, M. D., Page 160.FFerguson, Helen, Page 42.April 25th7:00 p. m. saw Frank and asked for pay of deceased, refused, Page 42.Frank said “I cannot let you have it!”, Page 42.Had gotten it before but not from Frank, Page 42.Finley, John, Page 142.Character of Leo M. Frank good, Page 142.Elevator motor at factory makes great noise, Page 142.Saturdays at factoryWorked on, at one time,

Visible Translated Text Is As Follows: Exhibits—Defense—Continuedcorner of basement where body was found (301); 71, Picture showing passageway to back door (302); 72, Picture showing entrance to factory (302); 73, Picture showing elevator shaft and trap door (302); 74, Picture of metal room (302); 75, Picture showing place where cotton sack kept (302); 76, Picture showing room (302); 77, Picture showing where floor chipped (302); 78, Picture showing lathe (302); 79, Picture showing view 3rd floor to 2nd floor (302); 80, Picture showing elevator box (302); 81, Picture showing elevator wheel (303); 82, 83, 84, views of metal room (303);

Visible Translated Text Is As Follows: Denham, Harry--ContinuedThey were washing at the time, Page 108.3:10 p. m., White and Denham left, Page 108.They saw Frank in office at work, Page 108.White borrowed $2.00 from Frank, Page 108.Whole building open to Denham and White, Page 108.ElevatorDid not hear, all day, 26th, Page 108.No noises but street noises, Page 108.Wheels of, can be seen from where they worked, about forty feetaway, Page 109.Crooks sacks on floor, where working, Page 109.Dickerson, Miss OpleConley's character bad, Page 171.Has known him 2 years, Page 171.Frank's character good, Page 171.Has known Frank 17 months, Page 171.Never

Visible Translated Text Is As Follows: Dariey, N. V.--ContinuedClarke Woodenware CompanyDoor to, found broken open just after the tragedy, Page 74.Conley, JimApril 26thDarley did not see, at factory, Page 26.April 28thExcited and nervous; looked most suspicious to Darley, Page 76.Excitement in factory after tragedy, Pages 36, 38.Financial sheetSeen by him on Frank's desk, Page 33.Usually completed after 5.30 p. m. on Saturdays, Page 33.Frank, Leo M.April 27th, no scratches onNervous many times and for various causes at factory, Page 36.Witness says Frank never spoke to deceased, Page 36.Gantt, J. M.At factory 3 or 4 times after discharge, Page 33.Hired all

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

Visible Translated Text Is As Follows: Character of Leo M. Frank goodMisses Annie Osborne, Rebecca Carson, Maude Wright, Corinthia Hall,Annie Howell, Lillie M. Goodman, Velma Hayes, Jennie Mayfield, Ida.Holmes, Willie Hatchett, Minnie Smith, Marjorie McCord, GeorgiaDenham, Zilla Spivey, Minnie Foster, Mary K. Julia Fuss, MesdamesElla Thomas, O. Jones, M. W. Carson, Lizzie Small, Page 220.All employees at factory, Page 220.Misses Mollie Blair, Ethel Stewart, Cora Cowan, Lizzie Word, BessieWhite, Grace Atherton, Mrs. Barnes, B. D. Smith, Page 220.All worked on fourth floor, Page 220.Never heard of any wrongdoing of Frank, Page 220.Never met Frank for immoral purposes, Page 220.Charles Lee,

Visible Translated Text Is As Follows: Carson, Mrs. E. M., Page 118.April 29th9:00 to 10:00 a. m., Frank on fourth floor, Page 118.Frank did not whisper to Conley, Page 118.Did not ask employees to stick to him, Page 118.Said the tragedy was deplorable, Page 118.Blood spots.Common in and near dressing room, Page 118.From finger cuts, Page 118.From menstruation, Page 119.Never saw Frank drinking in office, Page 119.Castro, L. M., Page 153.Distances to factory fromHunter and Broad Sts., 1-1.2 minutes, Page 154.Marietta and Forsyth Sts., 4-1.2 minutes, Page 154.Whitehall and Hunter Sts., 3-1.3 minutes, Page 154.Walking at moderate gait, Page 154.Cato,

Visible Translated Text Is As Follows: Campbell, Wade, Page 105.April 26th9:30 a. m., reached factory, Page 105.Frank working at time, Page 105.9:40 a. m., left factory, had not seen Conley at all, Page 105.Conley, JimNot at factory, 26th, when Campbell there, Page 105.Reading, Campbell has seen Conley, Page 106.Writing, Campbell has seen Conley, Page 106.Frank never talked with deceased, Page 105.Spots all over metal room, Page 105.White, Mrs. J. A., told Campbellstairs April 26th about 12:30 p. m., seeing unknown negro sitting by, Page 106.Witness subpoenaed to Dorsey's office, Page 106.Carson, Miss Irene, Page 174.Frank's character good, Page 174.Knew him

Visible Translated Text Is As Follows: Benedict, S. C., Pres. State Board of Health, Page 229.Black, John R, Page 17.April 28th, arrested Frank, Page 17.Bloody shirt found at Newt Lee's house at 9:30 a. m. on 29th, Page 19.Coroner's Inquest, Page 18.Frank answered questions readily, Page 18.Factory examined Sunday, Page 19.Frank,-Leo M, Page 17.Heard phone conversation between Frank and Starnes, Page 17.Safe at factory easily opened by Frank, 27th, Page 19.Lee, Newt, Page 19.Bloody shirt found, Page 19.Frank and witness talked to Lee at police station, Page 18.Undertaker's, Page 17.Frank and witness saw body at, Page 17.Frank did not know

Visible Translated Text Is As Follows: Bailey, Gordon (Snowball), Page 136.April 23thDid not see Frank talk to Conley, Page 136.Character for veracity bad, Page 120.Conley, JimHas seen him reading newspapers, Page 136.Never saw him guarding doors, Page 136.Frank, Leo M.Never saw him with women in office, Page 136.Saturdays, Page 136.Frank never asked Conley to return on, Page 136.Barnes, Miss Sarah, Page 171.Frank's character good, Page 171.Barrett, R. P.Hair seen on machine, Page 26.Metal department searched, Page 27.Pay envelope found, Page 27.Reward hoped for and worked for, Page 137.Spots found, Page 26.Bauer, R. L., Page 135.SaturdaysWorked at factory, summer 1909 and

Visible Translated Text Is As Follows: Accidents in Metal RoomEmployees' hands cut often, Page 133.Particular instances, Page 133.Floors not washed or cleaned, Page 133.Hands dressed in office, Page 133.Pass by dressing room, Page 133.Adams, J. Q.Made photographs of Selig home, and factory (see pictures), Page 150.Albert, C. D.Frank's character good, Page 168.Knew Frank two years, Page 168.At Cornell, Page 168.Professor of Machine Designs, Cornell, Page 168.Anderson, A. N.Frank's bank book and cancelled checks identified, Page 147.Defense Exhibits 50, 51, Page 298.His bank balance stated, Page 147.Anderson, W. F.April 26th, Page 39.Answers phone call to factory, Page 39.3:30 a. m., tried

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

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

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

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

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

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

Here is the extracted text from the image: no knowledge whatsoever as to M. Johenning and A. H. Henslee, two of the Jurors, being prejudiced, partial and biased in said case, as evidenced by the affidavits of H. B. Lovenhart, Mrs. J.O.Lovenhart, Miss Marian Lovenhart, S. Aron, Max Parkes, R.L.Greene, John W. Holmes, Shi Grey, B. M. Johnson, J.J.Cummings, W.L.Ricker, J.A.Lehman and G.P. Stough.Affiant did not know either of said Jurors had ever seen or heard of them before; t m he did not know until after the trial and did not have any means of knowing until after said

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

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

Here is the extracted text from the image: EXHIBIT HH.Georgia, Fulton County.State of Georgia, In the Superior Court of Fulton County,Vs. Georgia.Leo M. Frank,Before me, an officer authorized under the law of Georgia, to administer oaths, personally appears each of the undersigned persons, personally known to me, who, being duly sworn, depose and say on oath:That they are personally acquainted with Julian A. Lehman; and that said Lehman is a man of the highest personal and moral character, and reputation, and that he is entirely trustworthy, and worthy of belief, as to any statement made by him.W. F. UpshawC. E.

Here is the extracted text from the image: EXHIBIT GG.Georgia, Hancock County.State of Georgia,Vs. In the Superior Court of Fulton County,Leo M. Frank. Georgia.Before me, an officer authorized under the laws of Georgia to administer oaths, personally appears each of the undersigned persons, personally known to me; who, being duly sworn, depose and say on oath:That they are personally acquainted with Jno. W. Holmes, Shi. Gray and S. W. Johnson, and that said Holmes, Gray and Johnson are each men of the highest personal and moral character, and reputation, and that they are each entirely trustworthy, and worthy of belief,

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

Here is the extracted text from the image: EXHIBIT EE.GEORGIA, FULTON COUNTY.State of Georgia,Vs.In Fulton Superior Court.Leo M. Frank.Personally appeared Leon Harrison, who being duly sworn deposes and says that he makes this affidavit to be used on the motion for new trial in the above case.Further deposing, he says that he is not acquainted with Leo M. Frank, is not related to him, and has never seen him to know him; he says on oath that he is not personally acquainted with A. H. Henslee but he knows that said Henslee is the party about whom he makes this

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

Here is the extracted text from the image: EXHIBIT OC.Georgia Walton County.State of Georgia,vs. In the Superior Court of Fulton County, Ga.Leo M. Frank.Before me, an officer authorized under the laws of Ga., to administer oaths, personally appear J. J. Nunnally and W. L. Ricker, of Monroe, Ga., who being duly sworn, depose and say on oath as follows:That they have seen in the public prints that A. H. Henslee, one of the jurors in the Frank case, admits having made certain statements as to Frank's guilt of the murder of Mary Phagan, but says these statements were made after

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

Here is the extracted text from the image: GEORGIA, DOUGHERTY COUNTY.State of Georgia, Vs. In the Superior Court of Fulton County, Ga.Leo M. Frank.Before me personally appears Sam Farkas who being duly sworn deposes and says that attached to this affidavit is a carbon copy of an order made by Sam Farkas, of Albany, Ga., to Franklin Buggy Company, Incorporated, of Barnesville, Ga. Said order is marked Exhibit "A" said order was taken by A. H. Henslee, a traveling salesman for said Franklin Buggy Company, in person; said order was taken on the date same bears date, to-wit: on July

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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