Leo Frank TV

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 After the direct testimony supra had been brought outthe cross testimony supra, here sought to be withdrawn was alsobrought out in an effort to modify or explain the directevidence.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: 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. You don't remember the date now? A. No sir.Q. You don't remember his name? A. I know his name was Dalton.Q. What else besides Dalton? A. No sir, I don't know his first name.Q. You don't know where he lived? A. No sir.Q. Or where he works? A. No sir.Q. Describe Mr. Dalton to me? A. Do what?Q. Tell me what kind of a looking man Mr. Dalton was?A. He was a slim looking man, and tall with it.Q. A slim looking man, and tall with it? A. Yes sir.Q. And

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Here is the extracted text from the image: that they are personally acquainted with Julian A. Lehman; and that said Lehman is a man of the highest personal and moral character, and reputation, and that he is entirely trustworthy, and worthy of belief, as to any statement made by him.G. W. Hasell and R. P. Spencer, Jr., make the following affidavit, deposing and saying as follows: that they are personally acquainted with Julian A. Lehman, and that said Lehman is a man of the highest personal and moral character, and reputation, and that he is entirely trustworthy and worthy of

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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