Leo Frank TV

Visible Translated Text Is As Follows: interviewed one Albert McKnight in the Gould Building, in the Cityof Atlanta, Georgia, and the result of my interview with Albert Mo-Knight appeared in the Sunday issue of the Hearst's Sunday Americanof February 22, 1914, and said interview correctly appeared therein.I closely questioned Albert McKnight regarding the affidavit re-ferred to, and McKnight stated to me that the affidavit made to C.W. Burke, a notary public for Fulton County, Georgia, on January 19,1914, was in every way the truth. I asked him if C.W.Burke or anyother person offered him any inducement or reward for the

Visible Translated Text Is As Follows: he asked Mr. Craven to give it back and Mr.Craven had refused and told him the statement had already been given to the detectives and if he, McKnight, did not now stick to the story, he would surely get in trouble. McKnight told me that twice during his period of testimony on the witness stand he came very near coming right out with the truth and would have done so had lesser kept after him a little longer. He also said that if Mr.Frank was ever tried again that he had told his wife

Visible Translated Text Is As Follows: told me that he had given false testimony at the trial of Leo M. Frank and expressed his sorrow for having done so.DR. THOS. H. HANCOK, Sworn for the Movant. On Sunday, March 22nd 1914, in company with Detective W.J.Burns, Attorney H.J.Haas and C.W.Burke, I called on Albert McKnight, who was a patient at the colored hospital known as Fair Haven Infirmary on West Mitchell Street, in the city of Atlanta, Georgia. I heard Detective Burns questioning Albert McKnight regarding the affidavit that McKnight had made to C.W.Burke on January 1914, and heard the

Visible Translated Text Is As Follows: Atlanta,was the man who induced him, McKnight, to swear falsely.I heard C.W.Burke tell McKnight to explain to all present what, ifany,offers said Burke made to him in order to secure his affidavitand McKnight replied that Mr.Burke had made no offers to him of anykind, and further said that Mr.Burke had not talked religion tohim,and that he had only told Mr.Burke the truth. Before affixingmy signature hereto I have carefully read the original affidavitsigned by said Albert McKnight,dated January 19,1914, and recognizein the contents thereof precisely the same statement Albert McKnightmade to me and others

Visible Translated Text Is As Follows: FRED LYNN Sworn for the Movant: On Tuesday, April 14, 1914, I was in an automobile with Dan S. Lehon, Dan McIntyre and C.W.Burke, and I was driving said automobile. When the streets of Glenn and Pulliam were reached, we met a negro man and his name was Albert McKnight and who C.W.Burke said was Albert McKnight. I heard Dan S.Lehon questioning said Albert McKnight with reference to an affidavit which he had made to C.W.Burke on January 19,1914, and I heard Dan S.Lehon read said affidavit to McKnight and McKnight stated that it

Visible Translated Text Is As Follows: to McKnight, who held up his right hand and swore that every word contained therein was the truth in every respect.DAM McINTYRE, JR., sworn for the Movant. On Tuesday, May April 14, 1914, I was in an automobile with Dan S. Lehon and C.W.Burke, and Fred Lynn, who was the chauffeur driving the car. When the streets of Glynn and Pulliam in the City of Atlanta were reached, we met a negro who said that his name was Albert McKnight and who C.W.Burke also said was Albert McKnight. I heard Dan S. Lehon questioning

Visible Translated Text Is As Follows: and told the truth as it had relieved his mind and that he hoped the affidavit would undo the wrong that he had done to Leo M. Frank. The first time C.W.Burke called on me and my husband, the said C.W. Burke did not ask my husband to sign an affidavit, but that he had outlined to Albert the great wrong it was to lie and told him that even though it was possible to deceive the people on this earth, he could not deceive God Almighty. Mr.Burke told Albert on the occasion of

Visible Translated Text Is As Follows: that every word he had stated in his affidavit to me was the truth. And while Burns was talking to McKnight I interrupted and asked McKnight to tell Burns and the others what, if anything I had promised him for making the affidavit, and McKnight told them I had promised him nothing,or made any inducement to him of any kind for making his affidavit, that he had simply done so because of his conscience and had hurt him and he was sorry he had lied about Frank. I did not ask Albert McKnight while

Visible Translated Text Is As Follows: the City of Atlanta, for almost five years passedFurther deposing, deponent says that she is acquainted withLeo M.Frank and also R.P.Barrett, and knew Mary Phagan well, andknew the color of her hair.Further deposing, deponent says that on Monday, April 28th,she was at the National Pencil Factory, and Magnolia Kennedy calledher attention to the hair on a corner machine that R.P.Barrettwas alleged to have found there, and at that time she gave it asher opinion that the hair on the machine was not that ofMary Phagan, as it was entirely too light to be the

Visible Translated Text Is As Follows: REBUTTAL ON BEHALF OF MOVANT.GROUP 2.DR. H. F. HARRIS, Movant introduced the following testimony ofDr. H. F. Harris, delivered on cross-examination at the original trial:"Q. What did he (Mr. Dorsey) tell you to examine? What parts of thebody did he tell you to examine? A. He told me he wanted me toexamine the stomach and tell him all I could about it.Q. Had you, in your own mind, what you were seeking? A. Therewas some question of poisoning and you were seeking to determine bytest for poison. A. Yes, sir.Q. Did you make a

Visible Translated Text Is As Follows: March Term, 1912, of Fulton Superior Court, against L. P. Eubanke, John B. Hairston, B. Z. Spencer, A. L. Jesse and J. R. Miles, charging the parties named with the offense of car breaking on the 27th day of November, 1911, and upon said indictment appears an entry of nolle prosequi dated June 27, 1912, signed by the presiding judge.The State likewise introduced an indictment found at the March Term, 1912, of the Fulton Superior Court, against L. P. Eubanke, John B. Hairston, B. Z. Spencer, A. L. Jesse and J. R. Miles, charging

Visible Translated Text Is As Follows: R. Miles, charging the parties named with the offense of car breaking on the 2nd day of February, 1912, and upon said indictment is an entry of nolle prosequi by the presiding judge, dated June 27, 1912.The State likewise introduced an indictment found at March Term, 1912, of Fulton Superior Court, against Hal Cline, A. Casey, McHenry Hatmaker, Jesse Duffy, A. L. Jesse and L. P. Eubanks, charging the parties named with the offense of car breaking on February 8, 1912, and upon said indictment is an entry of nolle prosequi, signed by the

Visible Translated Text Is As Follows: The State introduced the following documentary evidenceto-wit:Certified copy of an indictment against George Wrennfound at May Term, 1912, of Fulton Superior Court, in whichit was charged that on the 17th day of April, 1912, thesaid George Wrenn did steal certain jewelry, a detailed des-cription of which is set forth, of the alleged value of$28,437.88, the same being the property of S. and H. Gileey.Upon said indictment was a verdict of guilty dated October30, 1912, and the sentence by the court that the said GeorgeWrenn serve twelve months upon the Public Works of FultonCounty.The State

Visible Translated Text Is As Follows: name was something like 'Stoll'. I am not sure about this name.The affidavit stated that the maker was 28 years old; that he wasa citizen of Chicago, Ill. and said that he was with the SalvationArmy in Atlanta when the murder of Mary Phagan happened and was atthe rear of the National Pencil Factory's place of business on theafternoon of April 26th, 1913. The affidavit said he left becausesentiment was so strong that he was afraid he would get into sometrouble. The affidavit stated that he told a detective about thematters testified to in

Visible Translated Text Is As Follows: was the truth. I then went in and told W.J. Burns that Allen said he would make that affidavit but it would be a lie. Then Burns said 'I will talk to him in a few minutes.' In a few minutes Burns went back and got Allen and brought him in his office. Burns then said to Allen 'You God damn bastard, you are not loyal to those policemen and you are telling me a damn lie and you just as well come on across and tell me all about it.' After this the

Visible Translated Text Is As Follows: to get Allen in a good humor. Burke said 'Tell Allen that the detectives and Dorsey will all be down and out and we will be up; so don't be afraid on their account and make an affidavit.'"I left Atlanta on April 2nd, 1914 and arrived at Chicago on April 3d. I went to the office of Thos. Dames' Detective Agency in Chicago in the Transportation building. I met there Aaron Allen. Allen told me that Burns' crowd had arrested him in Indianapolis and had brought him to Chicago. Allen furthermore stated that he

Visible Translated Text Is As Follows: heard a girl crying in the National Pencil Company's place of business about 2:30 o'clock in the afternoon, in the basement. He said that they wanted to find William Calhoun to show by him that the detectives had him down at the station house to talk with Jim Conley. He said that Conley stated to the detectives that he could show by Calhoun that he didn't pull the staple on the basement door at the basement of the factory and that if the detectives found Calhoun and had him down there and confronted him

Visible Translated Text Is As Follows: "About three weeks ago on Friday before Mr. Burns went to New York on his last trip, Mr. Semel Boorstein, a lawyer, sent for my daughter Monteon, to come to his office. He said he just wanted her to make the same statement to him she made on the stand at the trial of Leo M.Frank; that he did not hear the evidence then and had not heard it and he wanted to hear her statement personally because he felt a great interest in the case and because he was a friend of the

Visible Translated Text Is As Follows: and told me he had an affidavit he wanted to get me to sign for anextraordinary motion for new trial. I said: 'Wait a minute; I don't sign anything unless I read it.' It didn't read like I said it and I wouldn't sign it. I told him I didn't sign anything I did n't know what I was signing. He asked me if I wanted to see Mr. Frank hang. I told him if he was innocent I didn't, but if he was guilty, I did. I was so mad I wouldn't talk

Visible Translated Text Is As Follows: "When I went to Mr. Dorsey's office to have my subpoena signed so that I could get my money - this being on Saturday after the trial - Mr. Dorsey stated to me that people all over the state had been sending him produce of different kinds, - tomatoes, melons, corn, etc.; he had a cake there that someone had sent him and asked me if I would like to have some, and gave me the cake which I ate and found to be very nice indeed, and enjoyed."After I went back to work,

Visible Translated Text Is As Follows: I8 what was said between them. I have seen them talking together a good many times. Dr. Wrenn roomed in the hospital where Annie Maud Carter cleaned up, and the medicine room was also on the fifth floor, and it was in this medicine room where Annie Maud Carter did her ironing. She did the ironing for Dr. Wrenn."I saw Annie Maud Carter start into Conley's cell wing one day and we called to her and told her she would be looked up if she went in there and she stopped at the door

Visible Translated Text Is As Follows: "Both of us told him we wouldn't do this; he stated that Conley was not any relation to us. He said all you want is the money when you get out. He said he would soon be out smoking good cigars and we would be broke. I remember he talked to me at least a half dozen times about this, sometimes talking to me by myself and sometimes to Reese and myself."I remember at one time Dr. Wrenn was talking to Conley in the presence of myself and Reese, and he told Conley the

Visible Translated Text Is As Follows: "What did you call me, Kelly?" I said "No, I didn't call you Kelly; I called you Terry - the name you gave me."Fred Perkerson testifies by affidavit in substance as follows:"My name is Fred Perkerson. I am employed by Mr. J. J. Woodside. About the latter part of the summer of 1915, I was sentenced to serve a term in Fulton county jail for drunkenness on the public highway and I served this sentence at the county jail and for practically this entire time I was allowed the freedom of the jail as

Visible Translated Text Is As Follows: This said George Wrenn or Dr. Wrenn being the brother of Jimmie Wrenn, - said Jimmie Wrenn being the man who has been assisting C.W.Burke, - said C.W.Burke being a witness signing the affidavit of C.Burtis Dalton in Florida and the notary public purporting to attest what purports to be an affidavit from an old negro woman by the name of Mary Rich."Dan M. Goodlin, Jr. testifies by affidavit in substance as follows:"On Tuesday the 28th of April, 1914, I went in company with Charles Sigglea, whom I had arrested on a warrant from

Visible Translated Text Is As Follows: N.A.Garner testifies by affidavit in substance as follows:"I am personally acquainted with W.W.Rogers, otherwise known as 'Boots' Rogers. On April 28th, 1914, I had a talk with Boots Rogers and asked him who the other Rogers was that was working for Burns and he said Burns had no other Rogers in the city of Atlanta. He admitted that he was now in the employ of Burns. He also stated that he had not changed or modified in any respect his evidence as given on the stand and it was the truth and nothing but

Visible Translated Text Is As Follows: "It was getting late by this time so I told him I would have to go as I had some business I must attend to. He had been writing while we were talking. When I was about to go he asked me to read over what he had written and if I found anything in it I didn't like to make a check mark by it. I said I didn't care to do it, but he pleaded with me to just sit down and read it over and check off the part I didn't

Visible Translated Text Is As Follows: waited for him. He came up and said 'Barrett, you haven't said anything to anybody about that yet, have you? I told him No. He then said 'Well, don't tell anybody about it; but if you do, let me know before you tell, so I can leave town.' I probably said 'Allright' - I do not recall positively."his was the last of the matter between Jimmie and me until just before or about the time the Supreme Court rendered its decision in the Leo M.Frank case. Early in 1914 - I think it was

Visible Translated Text Is As Follows: who represented himself to be the chief of detectives in Birmingham, Ala., as referred to in the affidavit of said Epps attached. I am personally acquainted with said Bernard and know that the man pointed out by said Epps as the chief of detectives of Birmingham is B. Bernard of Atlanta, Ga."R. P. Barrett testifies by affidavit in substance as follows:-"My name is R.P.Barrett. I live at 549 West North Avenue in the city of Atlanta; I worked for the National Pencil Factory about four years in all; I was in the employ of

Visible Translated Text Is As Follows: Bed Company's place, where he was working. This was out on Jones Avenue. I went to his place in company with Mr. Harry Scott. Said George Epps communicated certain names to us with the statement that these parties could furnish information on the case. He volunteered to go with us, stating that he could carry us to these parties, and we accepted his offer to go; and we three went out together to look up these parties."I never was in Mr. Dorsey's office with George Epps before the trial, as-I had been detailed by

Visible Translated Text Is As Follows: did witness tell Wrenn he had told some lienor that witness had been made to tell the lien by detective John Black. Witness did not tell Wrenn that he was going to take a hobo trip; that he was in bad with the Probation officer and the detectives and that witness was afraid of John Black. Witness did not promise to make any affidavit for Wrenn anywhere or say that he was afraid to make an affidavit in Atlanta.'"Each and every statement charged by Burke in his affidavit of May 5th, 1914 as having

Visible Translated Text Is As Follows: he was a lawyer, left. "I was brought to Atlanta from the Reformatory at Milledgeville, Friday morning, May 1, 1914. Since coming here I have seen a man who was pointed out to me as C.W.Burke. I have seen him twice since I came from the Reformatory. On both occasions I had ample opportunity to see him well and to watch him; and I am now prepared to say, and do say under oath that he is the man who was with me in Birmingham, passing under the name of Kelly; that is the

Visible Translated Text Is As Follows: football game; and I didn't see any more of Mr. Terry until one day just before I was arrested, and he told me that Mr. Kelly said I had not told the truth and they wanted me to come back and tell the truth about it. I said I had done told the truth, and I don't know anything about it, and there is some crooked work now;' and he left me at the corner of Edgewood Avenue and Ivey Street and told me to go ahead and go back to work."The reason I

Visible Translated Text Is As Follows: on the typewriter and he would bring it back to me at four o'clock and take me to a lawyer to be sworn in on it. Mr. Terry taken me down stairs and gave me $2.00 and told me to buy a clean shirt and take the rest of it and go to the show. About 5:30 I came out of the Bonita Theater in Birmingham, and went up to my room. I was sitting in the window looking into the street, when I saw the chief of detectives and Mr. Kelly coming. They

Visible Translated Text Is As Follows: after he had pretended to talk over the phone - that the detectivechief said that wasn't the only case that they had against me; thatthey had me also for perjury in the Phagan case. Kelly said thechief of detectives said to keep me there till he came. Then bothKelly and Terry commenced talking to me and they pretended towait for the chief of detectives."After awhile somebody came in that they said was the chief ofdetectives. He didn't have any uniform. The best description Ican give of this man who pretended to be the chief

Visible Translated Text Is As Follows: were going to New Orleans. He said to go on over to the Terminal Station - that he had some girls to get. I went over to the Terminal Station and when I got there I met a man that had on glasses, who looked like a fellow I saw in Birmingham that passed off as Kelly. This fellow pretended he could not see good and asked me to help him down the steps. When Kelly and I got on the train, Terry was already on the train and pretended to get mad because

Visible Translated Text Is As Follows: George Epps testified in affidavit in substance as follows:-"I am the George W. Epps who swore on the trial of the state ofGeorgia vs Leo M. Frank."On April 26th, 1913, I lived with my father and mother at 246Fox Street, city of Atlanta, and I knew Mary Phagan well. I hadknown Mary about a year before she died. I rode on the car withher on April 26th. We reached the corner of Marietta and ForsythStreets about 12 o'clock. Mary got off the car at this place andwent on down toward the National Pencil Company's

Visible Translated Text Is As Follows: was because I didn't think it was very important myself. From the time Tedder first mentioned this matter to me until I got this affidavit, I only made one payment to Tedder; that was the day I employed him and that was an advance of a month's salary and $250. for expenses to go to look up those witnesses. I got the money from Herbert J Haas on account of our services. To the best of my recollection it was by check. I am not able to say whether it was by check or

Visible Translated Text Is As Follows: my hat upon the rack and said "Come on over to Mr.Rosser's office, the attorneys". I brought them to Mr.Rosser's office where they were first interrogated by Mr.Brandon, as Mr.Rosser was not present It was during the noon hour. Later Mr.Jones came - and in my presence and in the presence of young Mr.Dufton, I think it is, the stenographer, and Ragsdale and Barber, their affidavit was taken by Mr. Rosser. They were not brought in by Mr.Thurman and Tedder, they were brought in by Mr.Thurman. Tedder called me up on the telephone and

Visible Translated Text Is As Follows: interviewto interview some witnesses that he told me were living in Birmingham, or Chattanooga, or Nashville. One of the witnesses he told me was a prostitute in a house of prostitution at either Chattanooga, or Birmingham, who had information would go to Frank being a pervert and I instructed him to go and get this information by all means; and he also informed me at the same time that he had a very important witness in the person of Mack Wilson, a negro, who would testify that he saw James Conley buy a lunch

Visible Translated Text Is As Follows: DAN B. LEHON, Sworn for the State (By deposition) My position isthat of Manager of the Southern Division of the William J. BurnsNational Detective Agency with headquarters in New Orleans. I havebeen here on the Frank or Mary Phagan case for the past four orfive weeks. I came to Macon just when the case here. Occasionally wecall Mr. Burns "Governor". Mr. Burns arrived a few days before I ar-rived. I take charge of the work in general, nothing in particular.I did everything that came to me I thought was necessary to have todo in

Visible Translated Text Is As Follows: The Haas told me that. Perhaps Mr.Arnold, I am not sure. Mr. Rosser may possibly have told me. I do not recollect any other obstacle that was thrown in my way. Perhaps if I had known you were going to ask that question I could have thought it over and refreshed my mind. As to why I did not go to see Jim Conley, because, as I have said, of the obstacles thrown in my way. As to why I could not get valuable information, I saw and read the notes and saw the

Visible Translated Text Is As Follows: version in my life. I have never attempted to get anything except what I considered the truth. There have been hundreds of rumors of a great many people wishing and promising to tell ridiculous and what I considered absurd things in this case. It is difficult frequently to tell just what motives were prompting them or why they wanted to get into it, whether it is the truth or not.REDIRECT EXAMINATION. One instance I can name where obstacles have been thrown in my way as to getting evidence and ascertaining the truth, is the

Visible Translated Text Is As Follows: my life met with such unreasoning prejudice as there is in thiscase, to give the facts, just the simple truth. I have neverknown a case where it is as hard to hold a man to his story, tojust the simple truth as in this case. I have never heard tell orread of anything as outrageous as was resorted to in this case tosecure the evidence of Minola McKnight, or the treatment accordedto Albert McKnight. I talked to Albert McKnight after he was late-ly arrested. I have read the affidavit made by Albert McKnightthat was

Visible Translated Text Is As Follows: I have no evidence now with reference to this murder I have not reported to Leo M.Frank, or to his attorneys. I keep reporting every day and right along. I have made my final report to them. I have not it in written form. I'm going to make a written report. I have advised them not to publish it, because the fact that it looked to me as though every witness that is found here is bamboozled, or turned about, and I determined and advised them when found a witness to-send-the witness out of

Visible Translated Text Is As Follows: while before Wrenn interpreted them. Yes, Burke is the man who deserves credit for the discovery of the notes. I went over the evidence in the case. I read all the briefs in it; went down to the pencil factory, went over all the briefs in the case and interviewed all the witnesses at the pencil factory, went up to your office and examined all those, examined the evidence in the case and made my report to them that in my opinion that they did not need any evidence outside of that used at

Visible Translated Text Is As Follows: had made the affidavit. I never saw Arthur Thurnen in my life. I do not know whether Messrs. Arnold and Rosser were talked to about this matter or not, I never talked to them about it. I do not know of any money being paid out, either to Ragsdale or Barber, nor to Thurnen or Tedder. I never paid a cent or ever authorised a cent to be paid. I do not think this thing could be handled by somebody on the side who would not report to me, in order to keep me

Visible Translated Text Is As Follows: to this fellow in Chicago, that picked up some books or things in the alley. He showed me a memorandum book and told me about it, that certain writing was in the book when he got it. I examined it, and concluded it was not Conley's writing and told him so and that ended it, so far as I was concerned. I thought that was his own writing. He also had a pocket book. I never made any statement in my life that I had that pocket book in my possession. I have no

Visible Translated Text Is As Follows: also conducts the New Orleans office. He is making investigation into the Frank case and Conley case and the Mary Phagan murder like me and getting angles over the country. He does not report to me in writing. He sometimes reports to me verbally. I do not get all the reports eventually and ultimately from all men working on this case. Mr. Sears has charge of them. Mr. Sears and Mr. Haas get them. Mr. Sears is just the local man here. I do not get, either verbally or in writing full and complete

Visible Translated Text Is As Follows: I didn't get a statement from Aaron Allen which amounted to much. I never made any statement to Isom that I couldn't get anything from Aaron Allen I wanted. Isom didn't make any report to me. I told him he told me about being put into a cell with Newt Lee and about Newt Lee telling him he was innocent and then of a white man being put in the next cell and Newt Lee &xxxx being placed there with him and overhearing the white man say "If you don't keep your mouth shut,

Visible Translated Text Is As Follows: vert. As to how I know Conley wrote those letters, I have examined the writing of the letters you are referring to and what is known as the "murder notes". I would not say that I am a handwriting expert, but there are many characteristics in the writing of the murder notes which show very plainly in the notes written to Annie Maud Carter. My definition of "pervert" as applied to Frank or Conley, there are many phases of the pervert. The sexual pervert is a man who satisfies his sexual passion in an

Visible Translated Text Is As Follows: welcome. After a while, Mr. Burke commenced talking about the Frank case, and he presented his theory of the case and told Duffy, "I want, if you have not already told the truth, or if you have, I want to get an affidavit from you". They discussed it on for awhile and Duffy agreed to make the affidavit, and they got around the point of the possibility or probability of blood drops being on the floor, and then there was something mentioned about $75.00 paid for court costs and I remember those things as

Visible Translated Text Is As Follows: He did not make an affidavit in the Frank case for me. He told me he gave her a dozen bottles of beer one night and she was to meet him and he said she went off and never came back. He was not asked to make an affidavit. I was not talking to him about the Frank case, I was talking about Nell Wood. I brought up the subject. We talked about all these kind of characters, you know, down there. I was not making any investigation for C.W.Burns at that time. Mr.

Visible Translated Text Is As Follows: J.B.Duffy, and Burke's chauffeur, Lynn at myself at my house. Nomoney was given Duffy at that time. I made him loans on April 4and April 11th. I loaned Duffy money when he worked under me at theSouthern Railroad in the year 1910 and 1911 and at various timesI loaned him small amounts of money. I think $40.00 was the greatestamount I had ever loaned him prior to that time. He got the moneyat three different times. He got $5.00 at one time and then on May4th, I put that on a note of $10.00

Visible Translated Text Is As Follows: Nellie Wood testified orally before the Court as follows:I am the Nellie Wood who worked at the National Pencil Factory. Worked there two days, I quit because Frank insulted me. I don't remember just what he did say, but I didn't like it. I do not care to go into details of what he said and did if it is not necessary. This man, J. P. Eubanks called me up over the phone and asked to speak to me. I says, "This is her". He says, "This is Mr. Eubanks". I says, "I don't

Visible Translated Text Is As Follows: Total introduced by State................99.......Total alleged to haverepudiated................8............Character witness intro-duced by the State................10.......Character witnesses allegedto have repudiatedtestimony................1Deponent further says that he is an attorney at law,and has been practicing at the Atlanta bar about seven years.The State further introduced the following transcript ofthe testimony of Miss Grace Hix as given at the original trial:"Q.How did you know that that was Mary Phagan? A.I just knowed herby her hair being so long.Q.Knew her by her hair? A. Yes sir.On cross examination counsel for the defendant asked said witness,answers, viz, the following questions, and received the following"Miss

Visible Translated Text Is As Follows: 17Ballard, H.J.Born, J.T.Boyce, Leon,Benedict, Dr. S.C.Caldwell, M.G.Carr, Miss Marie,Carson, Miss Rebecca,Cato, Miss Myrtle,Cohen, H.L.Coleman, A.Coleman, W.W.Davis, Miss Mary,Dobbs, Sergeant I.S.Dobbs, W.C.,Donegan, Mrs. D.Dury, J.H.Epps, Vera,Epps, W.J.Eider, W.J.Funk, Dr. JohnGantt, J.M.Goddard, H.H.Goddard, A.L.Graham, B.K.Griffin, MissGordon, Geo.Hale, W.C.Hefner, W.P.Hunt, A.W.Hendricks, J.H.Hewell, Miss Dewey,Holloman, J.H.Hooten, J.Hearn, J.T.Houston, A.B.Ingram, J.Johnson, Dr. ClarenceJohnson, Mrs. H.R.Johnson, R.V.Jones, IvyKendley, Geo.Kendrick, J.R.Kitchen, Miss MamieKitchens, W.H.Matthews, W.J.Maynard, C.J.Merk, W.P.McGinnis, C.B.McKnight, Albert,McEwing, J.C.McCoy, M.B.Niles, Dr. G.M.Owens, W.B.Peavey, W.C.Pettis, Miss NelliePierce, J.H.Price, W.M.Ragan, Miss Ruth,Rogers, W.W.Rice, J.S.Scott, HarrySmith, Len,Smith, Miss CarrieStarnes, J.N.Tillander, C.Turner, W.J.Wade, Miss Mary EWinkle, Miss EstelleWright, W.M.Of said list of witnesses introduced

Visible Translated Text Is As Follows: W. Burke came, did make me a proposition to pay me money if I would swear to certain things in favor of Leo M. Frank. C. W. Burke afterwards came to see me and told me that the court had ruled out my evidence, and insisted that I should give him an affidavit. I gave him an affidavit, which stated that I personally knew nothing about Leo M. Frank prior to the murder, except as to what occurred between me and him in his private office. This occurrence, which I have heretofore referred to

Visible Translated Text Is As Follows: MISS NELLIE WOOD, Witness for prosecution in rebuttal, wasthen sworn.DIRECT EXAMINATION.Questions by Mr. Dorsey:Q. What is your name? A. Nellie Wood.Q. Miss Wood, where do you live? A. I live at 28 Orme wood Park.Q. Are you acquainted with the general character of Leo M.Frank? A. No sir, not knowing him but two days. I didn'tknow him but two days.Q. That's what people say about his general character, whatpeople say about him that is prior to April 26th, 1913.Were you acquainted with his general character on Leo M.Frank? A. Just answer the question, yes

Visible Translated Text Is As Follows: our objections,- Conley spoke about some girls on the fourth floor, and we had a right to go into it and see what girls on the fourth floor; but are we going to try four or five different fornication cases now? Let's settle it right now, Your Honor.Mr. Dorsey: They have asked certain witnesses if they had been to Frank's office Monday afternoon and Tuesday afternoon and anything immoral was done. If they can put that in, why can't we go on with this case, and show that such things did occur with this

Visible Translated Text Is As Follows: C. A. Ison testified by affidavit as follows:I am personally acquainted with Jimmie Wren, who is in the employ of C. W. Burke, and he is the brother of George Wren, who has recently finished a jail sentence of 12 months for simple larceny (stealing $50,000.00 worth of diamonds from an express wagon) and I am also personally acquainted with George Wren. I have seen Jimmie and George Wren with C. W. Burke on several occasions, in front of the Grant Bldg., in which Mr. L. Z. Rosser's office is located, who is an

Visible Translated Text Is As Follows: that, but I didn't know how true it was, I know I never missed you until a day or two back, some of them were saying something about you and I thought you were in town", and I said "Yes, I went off on an experience and had a buck, got tuberculosis in that country, and he said, "Well, go ahead and come back here about six o'clock Mr. Black wants to see you", and I goes to the hospital for an examination and when I got back the chief told me I was

Visible Translated Text Is As Follows: much as I wanted.about that good country they claimed,and hesaid "it was no so good.to you,was it",you went up there andand got tuberculosis", and I said that,and he said "but thepeople here.take better care of you and I would advise younot to stay here, I think there is some trouble out about youbut if you do get into any trouble come and see me. I wenton home, and the next day I was coming up the street and Ipassed his shop, and the young man that worked there told methat Mr. Jacobs wanted to

Visible Translated Text Is As Follows: so far as I know, so help me God". He says, "That is all right, I believe you are honest and straight, but you have made an affidavit down in that part of the country, and you are scared to tell what you know. I would take care of you, but as it is--by--hope to see you again".One day I was in one of the offices in Mr. Burns' place in the Transportation building, and there were several of Burns' men in there. They all went out and left me in there, and then

Visible Translated Text Is As Follows: the ground no more now," says, "it is only just to saveneck, that is all. Don't you know I know that that mannever will come clear". He says, "why don't you just go aheadand make them feathers for me and I will feel and go ahead andget back up the country if necessary. Make an affidavitand get hold of them feathers, and if you think it is wrong,go down there and change it. Conley made 5 or 6 changes, whycan't you change them". I told him I would just be telling alie, because I

Visible Translated Text Is As Follows: him. After he had teased me along, he told me he was justteasing and joking with me, and he was going to tell me thefacts and the truth, and he was working for Mr. Burns, andasked me why did I leave Atlanta. I told him I left there ofmy own free will. He says, "They all say around there thatyou was paid to leave Atlanta, two or three hundred dollars,is that the fact?" I told him, "No, sir". He said, "No needof lying to me. He and you have been friends; I have done

Visible Translated Text Is As Follows: until it's going to get us both in trouble". I was then taken out of the cell with Newt Lee and had a talk with Mr. Black and chief Lanford and Mr. Scott, and told them all I knowed that Newt Lee said. They told me to go ahead "We will see you again, Allen; if we need you, we will let you know". I was then never asked any further questions any more in that case by none of the detectives or any of the officers until I was questioned by detective Wm.

Visible Translated Text Is As Follows: killed this girl with you working there, and had you to help him do away with her, I would go up and tell the detectives so they would turn you out". He said, "Lord have mercy, hush, you are trying to get me in a trap too, because I don't know nothing in the world about it, except than I found the lady, and I hope and trust the Lord will show everybody on earth who killed her. The Lord knows and detectives will know some day just who killed the lady, because I

Visible Translated Text Is As Follows: His voice was loud. "Why, Mr. Jacobs says he has known youfrom five or six or ten years and never known you to have over$20.00. Now, Mr. Allen I am sorry I said what I did but ifyou will you can state the truth and nothing but the truth,and that is what we want out of you". He didn't say the de-tectives gave me the money, then, but he said: "You know some-body gave you that money to leave town with and you are aliar every time you say they didn't do it".When Mr.

Visible Translated Text Is As Follows: to see me and how I was feeling. He asked me did I knowMr. Jacobs of Atlanta. He asked me whether I was sick enoughto have a doctor, if I was he would have one come in rightaway. I said "No, sir, not now". He went away Just then andwent in Mr. Jake Jacobs, a man who keeps a pawn shop at 120Decatur st., Atlanta, Ga. Mr. Jacobs shook hands with me andcalled me "Mr. Allen". (Mr. Burns called me Mr. Allen whenhe talked to me too.) I asked Mr. Jacobs: "Why do you

Visible Translated Text Is As Follows: I left Atlanta of my free will and accord and went North. I was in Indianapolis, Indiana, for about six months sick.I was under the care of the city dispensary there, being unable to work, and was being cared for as a stranger. I have just this day been to see a doctor here in Atlanta. He tells me that I have consumption and that I cannot live long, and I promised him I would go to the Battle Hill Sanitarium.A white man, who said that his name was "O'Neal" came to me in

Visible Translated Text Is As Follows: Kate Allen testified by affidavit as follows:I am the wife of Aaron Allen. I now live at No. 9Piedmont Ave. I am personally acquainted with Jake Jacobs,a man who runs a pawn shop at 120 Decatur street, Atlanta,Georgia. I personally know that my husband, Aaron Allen, hasbeen pawning things with Jacobs at 120 Decatur street, AtlantaGeorgia, for about two or three years. Sometime about sixmonths or more ago, I have forgotten the exact time, Allenleft Atlanta. He was sick in Indianapolis, and wrote me hewanted to come home. I lost the letter that he

Visible Translated Text Is As Follows: would send me with some one to see her. I talked with Annie Maud Carter and she never told me that Conley had ever stated to her that he had killed the little girl. She told me that he said Mr. Frank had killed the girl. Since Annie Maud Carter was turned out of jail, about a month ago, she has been living at my house. On last Thursday, April 23,1914 she left home. After she left home I met her accidentally uptown. I met her on Decatur Street. She has not been home

Visible Translated Text Is As Follows: C. J. GRAHAM, Sworn for the State. I am an attorney at law. I have represented Annie Maud Carter in the Criminal Division of the Superior Court of Fulton County. I have had occasion to interview members of her race and people with whom she mingles and associates. I have heard a great deal of her among the white race. I know her general character and reputation; the same is very bad. I would not believe her on oath.J. X. DONALDSON, Sworn for the State. I know Annie Maud Carter and knew her when

Visible Translated Text Is As Follows: been after me to make an affidavit for him that Jim Conley had been down on me,or had asked me to let him go down on me. I refused every time because it was a lie. Jinme Wren said if I would do this, he would dress me up and send me to Cincinnati or anywhere else I wanted to go,and I told him I wasn't going to do it,that there wasn't a word of truth in it./since I have been at the factory,I have never heard anyone there say anything about Jim Conley

Visible Translated Text Is As Follows: was lodged in the cell wing known as the third west. While Annie Maud Carter was a pickman at the jail or at least a portion of the time, I used Annie Maud Carter as a helper in laundry work, washing and ironing clothes. A portion of the time her work was upon the fourth floor, where the laundry was located, and a portion of the time upon the fifth floor, in what is generally known as the medicine room, in which she did the large portion of her ironing. I never saw Annie

Visible Translated Text Is As Follows: times in looking over, inspecting and repairing the different sections of the Jail. We kept our key downstairs in the Engineer's department and locked up. This key was used only by Chief Engineer Hayes, Mr. Herdman and myself. I never saw Annie Maud Carter go into the cell wing of Jim Conley. When Maud Carter was under Deputy Roberts who released her for work and she stayed most of the time at this medicine room on the 4th floor, where she did most of her work. She was locked up about 8:30 P.M. when

Visible Translated Text Is As Follows: Mr.Frank's cell wing to see him. I have seen Jim Wren and a Mr. G.W.Burke come in there last week and they went in together to see Mr.Frank in his cell wing. I have seen Mr.Burke call Dr.George Wren off to one side and talk with him privately upon one occasion. I have seen Dr.George Wren visit Mr.Frank's cell wing very often. I have never seen Annie Maud Carter in Conley's cell wing but she has requested me to allow her to go into Conley's cell wing, and I told her that I would

Visible Translated Text Is As Follows: told me this my sister was present and also a man, and they also heard what she said to me. I am acquainted with Annie Maud Carter's general character and general reputation; her general reputation and character for truthfulness is bad; she is entirely unreliable and on not be depended upon. She has been in jail before this last time and then was also up for stealing. Sworn for annie. Maud Carter and her sister, Court. WILLIS J. GILBERT, Sworn for the State. I am connected with the sheriff's force in charge of the

Visible Translated Text Is As Follows: to him. I saw Dr.Wren at one time give Annie Maud Carter a note or rather he throw her one from the second floor and she carried this same note that Dr.Wren had thrown her and she pitched the note into Conley through the door to his cell wing. Last night after I had gone to bed,Dr.Wren came to my cell and called to me and got me to get out of bed and come out on the outside. He asked me what I was doing and I told him nothing and he told

Visible Translated Text Is As Follows: He helped the County Physician and had charge of the sick and the giving out of medicine while the County Physician was not present. He had access to all the inside part of the Jail, including the cell wing of Jim Conley. I have seen him in Conley's cell wing quite often and have seen him constantly something to eat from the Deputy's table, where Dr.Wren usually ate. I have heard Dr.Wren telling Conley that he had been tried, that he (Conley) could take this murder on himself and that this would free Mr.Frank

Visible Translated Text Is As Follows: Frank that I let it go that waynor did I tell her that I and Mr. Frank both had connection with the girl;or that I lied when she claims that I said that Mr.Frank had connection with the girl. I did not make any statement like that to her, nor did I tell her that I done it all by myself, and never to say anything about it. Nor did I tell her that I first choked Miss Mary Phagan,and after she was unconscious, I had connection with her, or that she was young

Visible Translated Text Is As Follows: want, or more than you will ever be able to dispose of. Do you evergo to talk with Jim Conley, and I says I am on my way there now.And he said I want you to do something for me. I want you to go and state your ownprice. I am dangerous, don't let get about you and put a drop in hisfood and give it to him and I will guarantee you will have a potof money and will be a free girl before tomorrow night, and I saidhe aint done nothing to

Visible Translated Text Is As Follows: I said yes,and he said you go downstairs and give it to Jim Conley and tell him it just come in through the mail,and I took it down there and Jim said you know I can't read,maybe it is from my mother and I thought it was devilment in it, and it said in the letter," Now you know you know all about the hands of your enemies,and I will do this and that to you, and if you don't tell the truth about it you will be hung by enemies that is bitterly

Visible Translated Text Is As Follows: when I was put in Jail. Whenever Mr. Roberts would go downstairs to empty the slops I would go around to see Jim Conley and give him things to eat, and I think I went the first Sunday in December. I wrote him two or three letters, and he sent them back because he said he couldn't read them. I wrote him three and he wrote me two, and I wrote him three letters altogether in either one of the letters he wrote me, and I sent the letters back to him by Fred

Visible Translated Text Is As Follows: I am also personally acquainted with Will Newcomb, who is a foreman at the Swift Soap Factory, and he frequently visited Mrs. Maud Bailey while she was living at No.117 Wells St. He would stay there from 7 o'clock to 9, 10, 11 and 12 o'clock at night and drink beer together. I have known Mrs. May Barrett to leave and go to work of a morning before her daughter Maud Bailey would go and after Mrs. Barrett would go Will Newcomb would come down there to see Maud Bailey, go in the house

Visible Translated Text Is As Follows: National Pencil Company, on Saturday, April 26, 1913, between 11.30 and 12 o'clock. I know it was that time because my wife left before 12. While I was standing there, Mrs May Barrett came down the steps from the floor above and met Mrs Maud Bailey on the second floor and they went on down the steps toward the front door. I did not see them go out the front door, but I saw them leave the office floor.DR. RUSSELL D. STALLINGS. Sworn for the State. About three weeks ago late in the afternoon

Visible Translated Text Is As Follows: my mother or as to the facts stated in the affidavit is true in every particular.MRS. MINNIE WILSON, Sworn for the State. On the 26th day of April 1913, I saw Mrs. Maude Bailey at 122 Wells St., my husband's place of business. Mrs. Bailey came into the office and asked permission to use the telephone and we told her she could use it. Whoever it was she was talking to, she called the Swift Soap Works, where she worked at the time, and she evidently told that person she was through with her

Visible Translated Text Is As Follows: and Mrs.Maud Bailey left Mrs.Barrett at the grocery store and wecaught a Stewart Avenue car at the corner of Mitchell and ForsythStreets. As we were about to catch the car we heard the 12 o'clockwhistles blow. When I got home it was twenty minutes past 12o'clock. About a week after the death of Mary Phagan, I was talkingto Mrs.Barrett on the corner of Wells and Stewart Ave. I asked herwhat she thought of the murder, as to who was guilty and she statedthat she believed Mr.Frank was guilty and I remarked that she wouldhave

Visible Translated Text Is As Follows: OCR. I was present when the stenographer took down the questions propounded to both Mrs. Maude Bailey and Mrs. May Barrett. I told the Solicitor General as to what Mrs. Maud Bailey had stated to me before he began questioning her. As Mrs. May Barrett went to leave the office of the Solicitor General she saw sitting in the office her niece, Mrs. Mary Phagan, and Mrs. Barrett said in substance to her daughter, "You told a pack of lies."S. L. ROSSER. Sworn for the State. I have read over the above and foregoing

Visible Translated Text Is As Follows: and correct report of the questions asked and the answers given by the said Mrs.May Barrett. This paper was taken on May 14,1913, in the presence of Fennie Minor, Mr.Bass Rosser,Mr.Dorsey, the Solicitor and myself as stenographer and was written out by and signed in my presence by Mrs.May Barrett.(The following is Exhibit "B" referred to in above)"Statement of Mrs.May Barrett, 225 Humphries St., in reference to the murder of Mary Phagan, Atlanta, April 26, 1913, in the presence of Mr.Minor, Mr.Rosser, Mr.Dorsey and B.S.Smith, was taken May 14,1913. Questioned by Mr.Dorsey: Atlanta, Ga.,

Visible Translated Text Is As Follows: but that was because they were his pets. He had some pets around there.Q. You were there Saturday, April 26th? A. Yes, quarter to twelve.Q. Who all did you see? A. Mr. Frank.Q. What was he doing at that time? A. He was going to the shipping room, and he spoke to me.Q. Who else did you see? A. Arthur White.Q. Who else? A. Stella, I think, talking to his wife.Q. Who else? A. Corinthia Hall.Q. Who else? A. Emma Clarke.Q. Who else? A. Stenographer in the office; I dont know her name.Q. Did

Visible Translated Text Is As Follows: by Mrs.Maud Beiley.(The following is exhibit "A" referred to above.)"Statement of Mrs.Maude Beiley, 263 Humphries St., Atlanta, in reference to the murder of Mary Phagan, Atlanta, April 26, 1913, in the presence of Mr.Dorsey, Mr.Minor, detective Rosser and B.S.Smith.Atlanta, Ga., May 14,1913.Questioned by Mr.Dorsey.Q. What business is your husband in? A. Meat cutter, on Gordon St. and Hembrit.Q. Where did you say you lived? A. 263 Humphries St.Q. Where did you live at that time? A. I lived in a whole lot of places Acworth St., Greensferry Ave., etc.Q. You used to work at

Visible Translated Text Is As Follows: , I got my job back on the Southern. Fritz Lyn was also present when Duffy made this statement for Burke. I do not know myself about any money being paid. I had been promised the job by the Master Mechanic of the Southern Railway and Eubanks before the Duffy statement. I do not know whether it was the next week or the next month, but sometime soon after this I went back to work for the Southern Railway.GROUNDEDJ. D. MOORE, Sworn for the State. I know Mrs. M. Jaffe, wife of the optician

Visible Translated Text Is As Follows: finger in has uninjured hand and that he was absolutely sure that no blood could have escaped to the floor; that he immediately went to the door of Mr.Frank's office and from there to some hospital. We were at the time of this statement discussing as to how the blood spots had gotten on the floor of the factory, and the fact that it had been suggested by someone that the injury of Mr.Duffy's hand was probably the source of the blood. This Mr.Duffy denied. We talked with Mr.Duffy on the evening of April

Visible Translated Text Is As Follows: been talking with Duffy just a moment before and Duffy had said: "Yonder's a Yellow I don't want to see." Eubanks asked him "Who is It?" Duffy replied, so Eubanks told me: "Hewt Garner, and Duffy replied "I'm going' to beat it," and immediately left. For three quarters of an hour I searched around among the box cars looking into many empty box cars, and hoping to find Duffy, but finally I left without finding him.ROBERT L. WAGGONER, J. H. DORAL, Sworn for the State. We are detectives of the city police department of

Visible Translated Text Is As Follows: at 532 Barnett Street. This was sometime before 12 o'clock. I could not get in the house and took street car to my own home. When I got home I saw Jim Wren and Lynn in an automobile in front of my house. I whistled and they came up to where I was. I told them I could not get in my mother-in-law's house. Then they put me in the automobile and after driving around town a little bit and giving me supper, etc. they then took me to Austell, Ga. All the sleeping

Visible Translated Text Is As Follows: and described Burke to me and the description made it plain that he was none other than Feather. The office I was in was that of the Solicitor General's office. I am personally acquainted with H. H. QUINN, Sworn for the State. I am personally acquainted with Miss Helen Ferguson. I have known her for the last twelve months. I am acquainted with her general character and reputation. That character and reputation is good and I would believe her in a court of justice or anywhere else.17TH GROUND.J. E. DUFFY, Sworn for the State.

Visible Translated Text Is As Follows: The second attempt occurred in December, during the two weeks just before Christmas. When I left my work at the Clark Woodenware Company one afternoon in December, I was walking down the street with another girl, when a young man, whom I afterwards found out to be Jimmy Wren stepped up to us and said: "Why don't you remember me Miss Ferguson." I told him I didn't remember him and he said: "This is Mr.Howard, don't you remember when you worked at Bloakes? I worked there too and wanted to meet you then but

Visible Translated Text Is As Follows: between 12:30 and 1 o'clock. After going home I started back to town to go to the ball game. I met Ivy Jones and Jim Conley at the corner of Hunter and Haynes Streets at 2:15 p.m. and had a conversation with them. I told them I was going to the ball game. Ivy Jones said "Well wait for me and I'll go Peters St. and I'll go with you. Then I left them. I did not go by way of Peters street then but went over to the house of Major Caldwell on

Visible Translated Text Is As Follows: swore on the trial of the case of the State vs. Leo M.Frank as follows: "that on Saturday, April 26, 1913, I met Jim saw Jim Conley at the corner of Forsyth and Hunter Sts. at 12 o'clock. I was in there when Conley came in. I met him there up at a saloon. I was in there when Conley came in. I met him there up at Forsyth St. W.Hunter and on down to Davis St. and we met some other fellows and we stopped and talked with them a few minutes, and

Visible Translated Text Is As Follows: these boxes would only remain a short time to go out as they were needed in shipping and to be so arranged and stacked regularly as not to prevent the cleaning of the basement of paper, trash or other combustible material. I can be positive that the basement of the National Pencil Factory was cleaned of trash, paper and other combustible material between January 1, 1913, and April 26, 1913, and I can also be positive that the basement of the factory was not allowed to have stored therein papers. I have examined the

Visible Translated Text Is As Follows: said plate which had remained in the possession of Foote & Davies and was still in their possession. I neither admitted or stated to R.A.DeVore or to any other person that I had had the engraving company to touch up said plate in certain places, nor did I state to said DeVore or anyone else that this touching up was done to eliminate the dirty background or to bring out the writing more clearly or for any other purpose. At the time said pamphlet was printed, the question of Becker's signature and the invoice

Visible Translated Text Is As Follows: photographs made thereof. From an examination of said note and the photographs made by the use of the color plate, in my opinion the number of the order blank note is "1818" Mr.J.H.Alexander,an attorney at law, in this city, showed to me the photograph of this note attached to a pamphlet which he has been distributing with reference to the Frank case, with reference to the notes found by the body of Mary Phagan. It is evident that this is a photograph of the original note, or of a photograph of the one which

Visible Translated Text Is As Follows: the papers in Beoker's desk out and Chambers and myself placed all these papers in the office next to Frank's private office. These papers were within ten feet of Frank's desk. Among other papers were quite a number of order blank books, similar to the one which is attached as Exhibit "A" to Darley's affidavit. These carbon copy order blank books remained in the place where they were placed by Chambers and myself from the time Bhoker left until the time I left there. All the time I was there, the only man who

Visible Translated Text Is As Follows: Frank used the same for his desk because Beoker's desk was larger than the desk that Frank was using. Beak moved the desk which he was using over in the other corner, so that Mr Darley could use that. All of the books and papers and everything that was in the Beaker desk was taken out of the same in the office next to Frank's office where the supplies were kept. Among other papers taken off of Beaker's desk, when that desk was placed in Frank's office were old order blank books. There were

Visible Translated Text Is As Follows: I said something about having to pay room rent and he spoke up and said it wasn't necessary to pay room rent because they had a cot in the basement. I used this cot with Daisy Hopkins half a dozen times.J. H. STARNES, Sworn for the State. I have read the affidavit alleged to have been made by C. B. Dalton and introduced in the extraordinary motion for new trial in the case of the State vs. Frank. In so far as the affidavit refers to me, in stating that I had coerced or

Visible Translated Text Is As Follows: anything for me and was told he had not. Burke had told me also that he would give me a pass from Jacksonville to Atlanta to use anytime soon. Burke did not leave either the $100. or the pass. The only other time I have been offerew any money in connection with the Frank case was in Dublin, Ga. Just a short time after the trial last year, I went to Dublin with Mr. Heifner to do some work on a bank which he was working on here. When I got off the train

Visible Translated Text Is As Follows: the fourth floor and I had nothing to do with the boxes on thesecond floor. On Saturday mornings the factory would close atabout 11:45 A.M. and I was always busy at my work cleaning up thefourth floor so as to be able to get off promptly at closing hour.This box room is immediately off a small aisle from a largeworking room where about fifteen ladies are at work and it is alsowithin 50 or 60 feet of the office where the entire office forceis and at the other end of the hall within about

Visible Translated Text Is As Follows: couldn't see how she could get into trouble by telling the truth. This is only a portion of the conversation I heard. This conversation occurred Monday, April 13, 1914.(Attached is a piece of paper)JIM CONLEY, Sworn for the State. It is not true that on April 26, 1913, at about 2:15 o'clock P.M. or at any other time on said day, -- I come out of the alley immediately in the rear of the National Pencil Company factory, nor is it true that I bought a twenty- five cent dinner that day or anything

Visible Translated Text Is As Follows: out of said alley on any date; and neither is it true that Conleyafter purchasing a dinner from me on the 26th of April,1913, wentback to the aforesaid alley in the direction of the pencil factory.I never told anybody at any time or place that I saw Jim Conleycome out of the alley immediately in the rear of the National Pen-cil Company's factory,or that after purchasing said dinner, saidConley went back to the aforesaid alley in the direction of thepencil factory. I am the only Mark Rich that I ever knew to keepa lunch

Visible Translated Text Is As Follows: were they said that I had made the statement,but the same is absolutely false. It was published in the paper that Mr.Bass Rosser the city detective got mad when I refused to swear against Leo M. Frank. I positively deny that I ever made any such statement to anybody. Mr.Rosser merely asked me those questions necessary to get at what I knew about Leo M.Frank. I never said to anybody at any time or place that I did not believe that my sister-in-law Nellie Pettis, knew Leo M.Frank.18TH GROUND.MARY RICH, Sworn for the State.

Visible Translated Text Is As Follows: before the Coroner's inquest and on the trial of the case. I didnot put anything in that paper different from what I swore onthe trial. This man was tall and there was some defect in hisfront teeth.(Exhibit "A" referred to above is as follows)MISS NELLIE PETTIS, Sworn for the State in rebuttal.Direct Examination by Solicitor General.Q. What is your name? A. Nellie Pettis.Q. Miss Nellie, do you know Leo M. Frank? A. Yes sir.Q. How long have you known him? A. Well, I don't exactly know himpersonally, but I know him when I see

Visible Translated Text Is As Follows: at Burke's office, I would frequently not work over fifteen minutes. He paid me however the $2.00 a day as he promised. Burke told me that he took Mrs.Lillie Pettis out to see her sister Miss Nellie Pettis,who had sworn on the trial of the case of the State vs. Frank,and that Miss Nellie Pettis had admitted to him and her sister in-law,Mrs.Lillie Pettis,that what she had sworn to on the hearing before the Coroner and on the trial of the case of the State vs. Leo M.Frank was untrue. I do not know

Visible Translated Text Is As Follows: true. I did not tell them that I was working for Burke, but merely talked it over with them. One day Burke wanted me to see Monteen Stover, and talk to her, and see if I could'nt get her to change her evidence, given on the stand. I did not go to Monteen Stover. One day Burke told me that he was coming out to my house and going to see my mother and tell her that I was going off with him to work on a street car case, and that he wanted

Visible Translated Text Is As Follows: leaving this out of court, but unless I did, they would bring it upin court against me, and I told Lonnie that he was the foremanthere and ought to know whether we got drunk or not, and he saidhe didn't know anything about it. We went out there and somebodyhad a half pint he got at the club, and another girl and I slippedaround and got it and two more came around and drank some of it.At that time I was only 16 years old and the girls who drank thiswith me were fifteen

Visible Translated Text Is As Follows: I have given an affidavit to one C.W.Burke, and some man representing himself to be a Burns man. I did not put in that affidavit or authorize these men to put in that affidavit anything contradicting in any way the evidence that I gave on the stand, and if any paper which they have purports to have changed the evidence that I gave on the stand, it is a false paper, and not authorized by me. Burke wrote out a paper in my presence himself, and had me sign it. I did not myself

Visible Translated Text Is As Follows: Q. I know, but are you acquainted with his general character, what is generally said about what has been said about him? A. I can't express my opinion of his general character?Q. Just answer yes or no? A. Yes sir.Q. Well, is that good or bad? A. I can't express my opinion of his character from hearsay.Q. All right, what is generally said about him from hearsay, up to April 26, 1913, just before the Phagan girl was killed. That hearsay is what people say about the Judge's ruling? A. Well, I will tell

Visible Translated Text Is As Follows: long enough to think what to do and what to say. Burke was writing this all down, as we were talking and when we finished, he got the stenographer of the National Pencil Company to write out what was said. The paper was not written in my presence. I went upstairs while they were preparing it. He then sent for me to come back to sign it. I did not read the paper after that I signed. I don't think there was anybody in the room. Afterwards Burke came to see me at my

Visible Translated Text Is As Follows: and true report of the evidence which I gave on that trial. Some time recently, C.W.Burke, representing himself to be a detective representing Leo M.Frank and from the office of L.Z.Rosser, called on me at the pencil company's place of business. Burke paid me for the time I lost in talking to him about this case. He said that Mr.Rosser said you had an honest looking face and that he wanted me to come down and have a talk with you, and he told me to ask you questions concerning Frank's character." And he

Visible Translated Text Is As Follows: of her affidavit. Directly after the murder, knowing that my daughter had been working at the pencil company's place of business, I talked to her about the same and she told me exactly what she said on the stand, namely that Leo M.Frank knew Mary Phagan, that he had called her "Mary" and that he spent a good deal more time than was necessary at Mary's machine talking to her. She also told me that this man Leo M.Frank was a man of general bad character, though she did not tell me of the

Visible Translated Text Is As Follows: solicitor insulted me. The solicitor general never suggested or intimated in any way that I had had sexual intercourse with the defendant in his office or any other place in his factory, or that he knew the location of any room or that he knew of other girls having been in the room with him. The solicitor general merely asked me about what I had heard other people say about Leo M.Frank's general character and I never even told him until today, April 20, 1914 about any conduct on the part of Frank toward

Visible Translated Text Is As Follows: Frank case. I can positively state that I do not remember ever having seen Miss Griffin and I did not know her name, and certain it is that she never talked to me in her life or undertook to coach me about what I should say. It is not true that Maggie Griffin and Dewey Howell left the large room referred to in Frank's motion two or three times together and returned together, and it is not true that I heard Dewey Howell say repeatedly that she was afraid she would forget all Maggie

Visible Translated Text Is As Follows: RUTH ROBERSON, Sworn for the State. I worked at the NationalPencil Company for three years and was working there during theyear 1912, up until the middle of April, 1913, just a few weeksbefore Mary Phagan was killed. I have known Mary Phagan ever sinceshe has been a very little girl, having known her in Cobb County,where we both lived. I knew Leo M.Frank. I have had read to me theevidence that I gave on the trial of the case of the State vs.Leo M.Frank. Every word of it is absolutely true. I did seeFrank

Visible Translated Text Is As Follows: to be Burns detectives, asked me if there was anybody else besid.s myself that I knew who had seen Frank go into the dressing room with women. I stated that my recollection was that Miss Myrtle Cato saw this occur. They then asked me where Miss Ce to worked and I told them she worked in S. M. Inman drugstore and I added, "you go there to see her and you will get the same dose you got here." H. A. GARNER, Sworn for the State. About 7:00 o'clock p.m. on April 24, 1914,

Visible Translated Text Is As Follows: won't forget it." I have heard people say that Frank was a man of bad character. This was the general talk among the girls in the factory. I heard the employees in the factory talk frequently about Frank being attentive to the women working the factory, whose reputation were bad, and I have seen myself Frank spend a great deal of his time with this woman whose reputation was bad. I don't know myself that anything wrong every occurred between them, but I do know that he devoted a great deal of his time

Visible Translated Text Is As Follows: at the time. I don't know, of course, what Frank and this woman were doing in there, but I do know that they were in that room which was supposed to be used only by the girls as a dress room, and I don't know of any business that could have been carried on in that room by Frank and this woman that was right and proper or connected with the National Pencil Company's business. The key to this room was carried by the woman I saw go into this room with Leo M.Frank.

Visible Translated Text Is As Follows: was bad. Some time after the trial of the case I was requested by Miss Marie Karst to meet her for the purpose of going to a show on the 7th floor of the Grant Building. I went up there and there found this same fellow Maddox who undertook to pay me $20.00 to sign his affidavit. Miss Marie Karst was not present and I did not get to see her. There was another man with Lurie who undertook to talk to me also about the case. After telling the Solicitor General on this

Visible Translated Text Is As Follows: end described her costume to my friend who said:"That's right,she was wearing clothes of that kind."8TH GROUNDMRS. CARRIE SMITH, sworn for the State. On Monday night,April 20,1914, at about 10:00 o'clock I was standing at a weiner stand im-mediately in the rear of the Metropolitan Club building near thecorner of South Forsyth and West Mitchell Streets. A man who hadintroduced himself to me who had been passing under the name ofMaddox and who represented himself to be a book agent and said hewas at work getting up a book, came riding by in an

Visible Translated Text Is As Follows: X nevernever came back to work after the newspaper published the repudia-tion of his evidence of the State. April 15, 1914.W. H. BOYD, Sworn for the State. I know C.W.Burke. I run the Tex-minal Restaurant. Albert McKnight was working in the restaurantin the capacity as pot washer. On the 15th day of April,1914,Burke came to me and told me that McKnight wanted to quit. I didnot know McKnight until Burke came and told me that he wanted toquit. Lehon and another man were with Burke at the time. Burketalked with McKnight, I don't know

Visible Translated Text Is As Follows: operating on his mind in telling what he did. Albert McKnight is present when I sign this affidavit and has heard read over to him the same before I signed it, and Albert McKnight says that wherein reference in this affidavit is made to him and what he said and did, the same is absolutely true.ANGUS MORRISON, sworn for the State. I have been working for the Book & Gregg Hardware Company for fourteen years. I heard the affidavit this day signed by R.L.Craven, dictated, and I have read over and seen him sign

Visible Translated Text Is As Follows: breakfast table Sunday morning and my wife was listening from thekitchen. Then Mrs. Frank was only paying my wife $3.50 per weekup to the Saturday of the murder and they told her if she would nottalk they would pay her $7.00 per week and she would not have towork as late as she had been doing. And far her to say nothing atcourt but what they told her to say. They gave her $5.00 extra theday she went to court. They examined my wife money all along asshe is buying lots of messessand which

Visible Translated Text Is As Follows: Lessitt was the truth. I was present at the police headquarters when Minola McKnight made her affidavit sustaining everything that Albert McKnight said to me. Albert McKnight, in the presence of his wife, Minola McKnight, stated that what he had said was the truth, and Minola McKnight at last admitted that it was the truth. George Gordon, who claimed to be the attorney for Minola McKnight, heard every word of the paper which Minola McKnight signed, read over to Minola McKnight, and was present when Minola McKnight signed her name to that paper, which

Visible Translated Text Is As Follows: around and walked out and he told me other things connected with that matter at that time. I asked him to make a statement and he said he was afraid they would lock him up. I told him he needn't be afraid if he told the truth, and that he knew anything and it was the truth, he ought to tell it. I told him I cautioned him not to tell anything but the truth and to be very careful what he said, because it was a very serious matter to accuse a man

Visible Translated Text Is As Follows: the head man, and me and these other two fellows were standing in the waiting room and he reads this affidavit over to me, or pretended to read it to me, whatever he read sounded like the first affidavit I made for him, and I signed it, and after I signed he says "this is your affidavit there Bud" and I said "yes sir" and I held up my right hand and swore to it and he says all right good bye and they passed by Mr.Burk and I goen back into the cook

Visible Translated Text Is As Follows: looking for me. He told me to leave town that Sunday before the Conley case came up the next week. He told me not to let them get me by any means. I asked him if I went to Stockbridge to my mother's would that be all right, and he said yes, just so I got out of town and didn't let them get me. After I was hurt they took me down to Fairhaven Hospital, colored. When I was down there Burke came down and brought a man by the name of Burns

Visible Translated Text Is As Follows: have me quoted as saying "positively that the hair on said lathe was not the hair of Mary Phagan, and that the same was entirely too light in color and not of the same texture". This statement is absolutely false and untrue.3RD GROUND:BASS ROSER, Sworn for the State. I have examined the stenographer's report of the trial of the case of State vs Leo M. Frank. Same comprises seven large volumes, written on legal cap paper, and covers 3,647 pages.4TH GROUND:ALBERT McKNIGHT, Sworn for the State. I have heard read to me the affidavit

Visible Translated Text Is As Follows: entirely too light in color and was not of the same texture as that of Mary Phagan." This statement is false and untrue. I did not say positively that it was not Mary Phagan's hair, for I did not know, and do not know now. I did say that the hair Mr. Barrett showed me was too light for Mary's hair, but I could not say positively that it wasn't her hair. I have read the foregoing statement which I made in the presence of officers J.N.Starnes, and Pat Campbell and my father and

Visible Translated Text Is As Follows: JOHN R. BLACK, Sworn for the State. I am the party referred to in the above affidavit of Mr. John W. Coleman, and that I did so exhibit the hairs recovered from the factory and delivered to me as the hairs recovered by Barrett on the lathe at the National Pencil Company, and the hairs examined by said J.W.Coleman are the same hairs recovered and said J.W.Coleman did as above indicated state upon examining said hairs at the city police headquarters, that to the best of his knowledge and belief they were the hairs

Visible Translated Text Is As Follows: COUNTER SHOWING OF THE STATE.GROUND 1.W.A. GHEESLING, Sworn for the State. I am the undertaker who took charge of the body of Mary Phagan and who swore upon the trial of the case of the State of Ga. vs. Leo M. Frank and Jim Conley. On Sunday morning, April 27, 1913, one of the first things that I did was to clean up the body of Mary Phagan, and among other things I washed her hair thoroughly with pine tar soap. The effect of pine tar soap on hair is always to change the

Visible Translated Text Is As Follows: ed me to make a comparison of the handwriting which appeared on the two notes found by the body of Mary Phagan, and copies of which appear as State's Exhibits Y and Z in the brief of the evidence filed in this case, with the handwriting of the letters attached to the Annie Maude Carter affidavit of date, 28,1914. Mr. Haas placed in my possession these letters, together with the original notes. Mr. Haas gave me these exhibits with the statement that I was to compare the handwriting and to give my opinion as

Visible Translated Text Is As Follows: eral character for truth and veracity. The same is good and we would believe them on oath in a court of law.WILLIAM J. BURNS, Sworn for the Movent. In the office of Solicitor General Dorsey I carefully examined the clothes taken from the body of Mary Phagan and found the same to be the following condition: The inside seam of the drawers was cut, not with a sudden rip, but deliberately, by one who took his time in doing it. The cut began at the lower right leg, continuing up across the crotch and

Visible Translated Text Is As Follows: the least doubt in my mind that these letters were written by thesame person who wrote the notes found by the dead body of MaryPhagan.S. M. NETTLEBAUM, Sworn for the Movant.I am a court reporter andreported the oral argument made by Solicitor General Hail Dorsey tothe Jury in the matter of the State vs.Leo M.Frank in Fulton SuperiorCourt, on August 22,23 and 25th.The Solicitor made the followingstatements:(page 78) "...this man Frank, by the language of these notes, inattempting to fasten the crime upon another, has indelibly fixed itupon himself.I renente it.We indelibly fixed it

Visible Translated Text Is As Follows: R. P. BUTLER, W. V. DARBY, H. G. SCHIFF, BULA FLOWERS, JOE WILLIAMS, JOS.STEIKER, R. W. LOEB, L. A. QUINN, P. SIGANSKY, Sworn for the Movants.We are acquainted with the handwriting of Jim Conley. We have examined the letters attached to Annie Maude Carter's affidavit and the same are in the handwriting of said Jim Conley.SIG MORGAG, H. HEIN, CHARLES LEEB, Sworn for the Movant. We are acquainted with R. P. Butler or H. G. Schiff, Rudolph Loeb, P. Sigansky, Jos. Steiker and Miss Bula Kay Flowers and know their general character for truth

Visible Translated Text Is As Follows: have wrote all the paper that I have got. Now you know that I love you and will do all in this world for you. If I could get you in there I could make you love me or try like hell one. For I love you with all the love in the world. If I didn't make you love me I would by love from you if it takes every dollar I have got.P. S. at top of page (3). Annie I spelled my words so that you can understand them. I am

Visible Translated Text Is As Follows: Back of Page (2)To Miss Smart. Answer if you like for I am not no fool either. Understand it too and I am not mad with you.Letter 8.Atlanta, Ga., February 14, 1914.Miss Annie Conley, 92 Tallwall street, Ga.Well dear I Judst don't know what to say. You say you are made with me and it hurt me to my heart. Did I tell you that love you and love nobody but you and I think if you Go back on me I don't know what to do. So baby dont me mad be with

Visible Translated Text Is As Follows: Good pussy Annie Maude all. I know that your ass is fat you need not say that it aint and I know your pussy is good and fat and warm and hairy. How do I know because my dick stay on a hard all the time.When you pass the door click click say here she go and do you know little girl that I love you to my heart. I love you more than any man that ever went with and how I man love you so much is because you went with me

Visible Translated Text Is As Follows: Good pussy Annie Maude all I know that your ass is fat you need not say that it isnt and I know your pussie is good and fat and warm and hairy. How do I know because my dick stay on a hard all the time.When you pass this door every nick say here she go and do you know little girl that your dick say to my heart. I love you more than any man that you love with and how I and how I love you so much is because I believe

Visible Translated Text Is As Follows: Letter 5. (1st page)Atlanta, Ga., Jan. 26, 1914.My Dear little girl--I got your letter and I did not that you was playing your lime because to all in hard---- Aint that so honey I dont think that you care for me to come up I know you dont want me to come up so dont worry that I love you just the same All right I want some women that can work her ass and I believe you can---- so dont worry about that either---- no woman and no little girl "Over" on next

Visible Translated Text Is As Follows: Well baby doll papa has got your letter and was glad to hear from you, to know that you are feeling fine. Well honey you know if we do what we can we can love each other just the same and when we get out we have all that I have got to do then is to go and get what I have got put up and give it to you. Darling I know you told me to Judge well, That alright Papa will do anything that you tell him but baby papa is

Visible Translated Text Is As Follows: So you ask your lawyer do he think it would be best toget out on bond.Well Dear dont worry about a thing for Papa love you andmy step mother love you, so tell my sweet Doll, her I say hello,so this is all, go to sleep now, Baby Doll, Sweet Dear, bye bye.(Signed) James Conley.P. S. On back of page 2.Miss Annie Carter Conley, got a fat ass and a sweet peehole. I do believe and they will be mine soon (blank) I willjust want that ass, Honey.P. S. On back of page 4.James

Visible Translated Text Is As Follows: Letter 2.Now Baby Doll Papa got your letter and was very glad to hear from you, and will be glad to get your picture. Now Baby you know we dont want to get mad any more, so you tell me now what is that, that somebody has told you-a-bought me. Let me know, it will be alright.Dont hold it back because I love you so to tell me know what it is. I wish I was up there with you was dressing so I could feel your ass. Baby I will give you the

Visible Translated Text Is As Follows: Letter 1.My dear little girl:I got letter and feel alright now and is not made with you at all now, and I believe what you say about old Jim since I read your mother's letter. I still love you and will always love you, but I must tell you I have a wife that will tell people to kiss her ass.Well, I will forgive you all about that now, and let us see how much we love each other Baby Doll. I love you more than you can know. I love you with all

Visible Translated Text Is As Follows: those present t the time were Mrs.Georgia Denham,R.P.Barrett,Cora FIata, Marjorie McCord, Miss Jimmie Mayfield.GROUND 1-o. GEORCIA DEKHAH, Sworn for the Movants. I was presentin the metal room at the National Penoll Company's plant on MondayApril 28th,1913, when some strands of hair were found upon a cor-tain lathe, and which were sought to be identifled as the hair ofMary Phagan, deceased. I was well acquainted with the deceasedMary Phagan, and with the color of her hair, and the hair abovementioned was not the hair of Mary Phagan. It was entirely toolight in color to have

Visible Translated Text Is As Follows: connection of James Conley with the murder of Mary Phagan, and neither of us had any knowledge of any of the facts and circumstances set out in Exhibit A, hereto attached, at the date of the trial of Leo M. Frank, nor until the date of Exhibit B, hereto attached, we knew nothing of the facts set out in Exhibit B, hereto attached nor could we possibly have known the same by the exercise of any manner of diligence. (Exhibit A referred to in the above affidavit)5TH AFFIDAVIT TO MOTION FOR NEW TRIAL(GROUND 1-a)

Visible Translated Text Is As Follows: getting 18 months sentence, that Jim was doing a lot of talkingand that if he didn't stop talking so much, he was going to talkhis neck on the gallows. This morning somebody came after me to goto Mr.Dorsey's office. I went there and he told me that I mustremember that Annie's case hadn't been settled yet and he said thatthe best thing I could do for Annie and myself was to bring Anniedown there to him. I told him I didn't know where she was and allI could do would be to ask the

Visible Translated Text Is As Follows: he knew that I would'nt work; that afterwards he went and got drunk, went home and started to leave town, but that he knew that that wouldn't do, so he stayed here to show that he wasn't guilty. He begged me not to say anything about this, that he wanted to serve his twelve months so that he would be free; that if he couldn't get me he would go north and marry some white woman around Cincinnati. He also told me that he kept the money but gave the purse to a negro

Visible Translated Text Is As Follows: knew him well for four months straight in jail. I talked daily with him about all his affairs and I asked him if he was guilty or not, and he first told me no, that he was innocent; that God above alone knows who did the murder, and I said if you were not guilty, why should you worry, so, and he told me he was so near guilty, he felt lost; that he had lost all hope. During Nov. and Dec. 1915, we were very good friends in jail, he had all confidence

Visible Translated Text Is As Follows: Georgia, on April 22, 1914, and in each part of Mrs. Bailey's affidavit where in reference is made to me, same is the truth and in every way correct.L.Z.ROSSER, MORRIS BRANDON, REUBEN R. ARNOLD, HERBERT J. HAAS, LEONARD HAAS. Sworn for the Movant. We are of counsel and the only counsel of Leo M.Frank in the case above stated. All of us were counsel of Leo M.Frank at his trial, at the July Term, 1913, of Fulton Superior Court, except Leonard Haas, said Leonard Haas having become connected with the case after the motion

Visible Translated Text Is As Follows: passed right on down the stairway that lead to the 1st floor and I did not see the girl again. Just as the girl left the office floor, I saw Mr.Frank in the outer room of his office and saw him disappear into his private office, where I could not and did not see him again. In about five minutes after the girl referred to left the factory, my mother came down the stairs and she and I at once left the factory. When I reached the bottom of the stairs, Lemmie Quinn was

Visible Translated Text Is As Follows: mother left me at the store to go to the pencil factory, promising to come right back; and after waiting at the store for about ten minutes, I decided to walk toward the pencil factory to meet my mother; and, upon arriving at the factory, inasmuch as I did not meet my mother, I entered the factory and went to the second floor near the time clocks, one of which registered fifteen minutes until twelve o'clock, noon, and the other one showed thirteen minutes after twelve o'clock. When I reached a point opposite the

Visible Translated Text Is As Follows: L.K.ROSSER,MORRIS BRANDON, R.R.ARNOLD, HERBERT J.HAAS, LEONARD HAAS, Sworn for the Movant. We did not, at thedate of the trial, nor until after the Supreme Court had affirmedthe case of Leo M. Frank have any knowledge of the fact that J.W.Boozer knew and would testify that Jim Conley was on Peters Streetin the City of Atlanta, on the 26th day of April, 1913, between thehours of four and four thirty o'clock. We (except Morris Brandon,who did not have active control) made active search to trace Conley dur-ing each hour of the day of April 26,

Visible Translated Text Is As Follows: State upon the trial, but I did know at the time of the trial or until after the date of Helen Ferguson's affidavit, dated April 9, 1914, to the Court shown at the hearing, that she would testify to the things in said affidavit set out. I did not know until then that Conley had had the conversation with Helen Ferguson set out in her said affidavit.I had no opportunity myself to know what J. E. Duffy would testify to on the trial nor did I have any opportunity to discover whether or not

Visible Translated Text Is As Follows: after purchasing said dinner he turned,carrying the dinner in his hand,toward the Pencil Factory and that said Mary Phagan saw no more of Jim Conley during that day.I did not know C.Darbus Dalton, and had never seen him until he was placed on the stand. I had no idea that said Dalton would or could be a witness against me, I never had seen Dalton and had never had anything directly or indirectly to do with him.- I have not seen said Dalton since he testified,nor have I had any opportunity to see him.

Visible Translated Text Is As Follows: to account for myself between these two times, I did my best toremember who I saw between those times and do as best I could Icould not remember that I had spoken to Mrs. Miller at the time,nor do I remember with certainty now her testifying to me as testi-fied to by her in her affidavit. Mrs. Miller is a woman of verac-ity and character and I feel sure that she did see me and that ifthe matter had become important immediately after the crime Icould and would have remembered the fact.I did not

Visible Translated Text Is As Follows: case had been affirmed by the Supreme Court that any other party, or parties, had opportunity to examine the hair found by Barrett and to say whether or not it resembled the hair of Mary Phagan.I did not know that Miss Jennie Mayes had, nor that Miss Cora Falta, nor that Miss Alice Marjorie Mangum had ever examined or seen the hair claimed to have been found by Barrett, or that they had any knowledge as to whether the hair so found was the hair of Mary Phagan. The first intimation I ever had

Visible Translated Text Is As Follows: I did not see the hair that was claimed to be found on the lathe by one Barrett. I understood that Barrett had found certain hair upon the lathe, but I have never had any opportunity of examination or to see it, or did the officers or any opportunity to see and know whether it was or was not similar to the hair of Mary Phagan. I did not know until after my trial, and after my case had been affirmed by the Supreme Court, that Dr.Harris had in fact taken hair from the

Visible Translated Text Is As Follows: when the verdict was rendered and Mr. Dorsey left the court room, he was met at the court house door by a multitude. He was carried upon the shoulders of a part of the crowd and carried, taken upon the building opposite, wherein he had his office, and partly toMORRIS BRANDON, Sworn for the Movant. I did not take part in the actual trial of said case, I therefore know nothing of what transpired at the trial. I did not have actual charge of the preparation of the case, therefore I can not say

Visible Translated Text Is As Follows: jury,and before more than one juror had been polled, to such an ex-tent that the court had some difficulty in proceeding with thepoll or the jury,which then in progress and not finished.In-deed so great was the noise and confusion without that the courtheard the responses of the jury during the polling with somedifficulty.While you was about ten feet from the jury.In thecourt room, shouting to the jury, lawyers, newspaper men and officers ofthe court, and among them there was no disorder.GROUND 75.Public sentiment ceased to the Co rt to beagainst him.The court room was

Visible Translated Text Is As Follows: as Mr. Dorsey, the Solicitor-General, was leaving the court room a largecrowd assembled in front of the court-house and, in the hearing ofthe jury, cheered and shouted "Hurrah for Dorsey",(e) That during the trial, on Saturday, August 23, 1913,when Court adjourned and Mr. Dorsey emerged from the court room, alarge crowd, standing on the street, applauded and cheered him,shouting "Hurrah for Dorsey". At that time the jury was between thecourt house and what is known as the Criminal Court Building, near enoughto the crowd to hear the cheering, and some of the jury werein

Visible Translated Text Is As Follows: we did not know during the trial, nor until after the motion for the new trial had been overruled, that Mrs. Marie Edmunds (formerly Mamie Kitchens) would testify as she has testified in her affidavit here to the court shown, dated April 12, 1914. Mamie Kitchens was a witness for the State at the original trial and was cross-questioned at length by one of these defendants; we did not know, nor did we have any reason to suppose that the facts existed as set out in her affidavit to the court shown at the

Visible Translated Text Is As Follows: had been affirmed by the Supreme Court that in truth Miss Howell did not know Mary Phagan;and did not see or hear Leo M.Frank speak to Mary Phagan; that she had never seen the defendant and Mary Phagan together, and that she knew the facts, and would testify to the facts set out in her affidavit to the court shown at the hearing. We did not know until after the trial, and after the motion for a new trial had been overruled, that Miss Ruth Robertson would testify as is set out in her

Visible Translated Text Is As Follows: did we know or have any knowledge that McKnight admitted that hefalsely swore as to the other facts which he now admits that hedid falsely swear to,set out in his affidavit shown to the courtat the hearing and submitted to the court in verification of theextraordinary motion for a new trial.McKnight was a witness for the State at the jury trialand testified as he now admits, falsely "that he looked in themirror from the kitchen and saw Frank in the dining room of hisfather-in-law's home" and that "he did not eat any dinner" that"he

Visible Translated Text Is As Follows: trial had been overruled and after the case was affirmed by the Supreme Court. With reference to the hair found upon the lathe, we made inquiry, extensive inquiries of employees of the factory as to any information they had with reference to this hair found on the lathe.We had no information, nor did we know, that Miss Jimmie Mayfield had ever been shown the hair, which Barrett claimed to have taken from the lathe. The information that it had been shown to her came to us after the trial, and after motion for a

Visible Translated Text Is As Follows: and other organs of Mary Phagan, but made no statement at all with reference to the taking of the hair of Mary Phagan from her head during the autopsy, and examining it in comparison with the hair found on the lathe in the metal room. Dr. Harris was upon the stand twice, an interval being had in his examination by reason of his sickness, and at neither time while on the stand did Dr. Harris intimate that he had made any examination of this hair. While on the stand he was asked what part

Visible Translated Text Is As Follows: only information we were able to get was that one Barrett had found some hair upon the lathe, but we learned of no one who was willing to say whether the hair found was that of Mary Phagan or not. We had no opportunity to make any comparison between the hair found on the lathe and the hair of Mary Phagan, and we did not know that Doctor Harris, when he made the autopsy had taken some of the hair from Mary Phagan's head and that he had made a microscopical examination and comparison

Visible Translated Text Is As Follows: pany at that time, and whose business it was to secure and obtain supplies for the National Pencil Company; that it was his practice to write out the requisition, sign it with his name and send it by an apprentice to the place where he desired to secure the supplies; that it was the practice and custom of Mr. Becker to sign the requisition, send the original to the place where he secured supplies and retain a carbon duplicate thereof in his own office on the fourth floor of the pencil factory; that the

Visible Translated Text Is As Follows: upon the crime and its perpetrator. These assistants gave their time to it for weeks and months, under the guidance and direction of ourselves, and each of these reports was investigated and verified in an effort to bring to light every fact and circumstance connected with the crime. We, in person, conferred with every person of whom we had any knowledge who was in any position to know the circumstances surrounding Frank's life before and after he reached Atlanta, the facts and circumstances of the crime and any facts or circumstances throwing light upon

Visible Translated Text Is As Follows: its beginning to its inception, is accurately set out in the original motion for new trial, and certified to by the Judge. At times, when the presiding Judge would decide against the defendant the crowd would make demonstrations of approval. As illustrating the conditions surrounding the trial of Frank, and of the prejudice and bias in the public mind against him, attention hereto, as exhibit A, grounds sixty five, sixty six and seventy five of the original motion for new trial, certified to by the presiding Judge. The facts alleged in this exhibit are

Visible Translated Text Is As Follows: seeking information with reference to his case and in looking up and discovering such witnesses as might be of advantage to him. The atrocity of the crime, immediately upon its discovery, created great excitement and intense bitterness. Suspicion being pointed to Frank, he immediately became the center of many sensational stories and of intense and widespread bitterness. The public press, spurred on by the wide interest in the case, published almost daily, wild sensational stories painting the atrocity of the crime. Numberless wild and incredible stories were published about Frank, linking him with crimes

Visible Translated Text Is As Follows: then went directly to the Atlanta Hospital where Dr. Ballinger waited on me. It was very possible, and quite probable, that blood dripped from my wounded hand upon the floor as I was passing the aforesaid dressing room, and I am not willing to state that blood did not drip from his hand to the floor in front of the dressing room already referred to. I was paid $7.50 for two days attendance in court by the Solicitor.GROUND 18.MRS. M. JAFFE, Sworn for the Movant. I have known Leo M. Frank for about three

Visible Translated Text Is As Follows: 1913, and while at work there I was injured on the index finger of my left hand, being at work at a machine on the second floor of the building in the metal department. When I received this injury there was a vast amount of blood run on the floor at the end of the machine upon which I was at work and the machine referred to was directly opposite the one upon which Mary Phagan was employed. I knew Mary Phagan when I saw her and during my employment at the National Pencil

Visible Translated Text Is As Follows: Bud Perry, and I did not meet anyone at home that day that I knowother than Bud Perry. attested by C.C. Burkeas Notary.GROUND 16.HELEN FERGUSON, Sworn for the Movant.I was employed at the National Pencil Company. I knew Mr. Frank very well when Isaw him. I also knew Mary Phagan far about a year. I never saw himMr.Frank address Mary Phagan by name, and I never saw himtalking to her in any friendly manner. During my employment atthe factory, I never saw Mr.Frank drinking with women in his of-fice. On the Saturday preceding the

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Visible Translated Text Is As Follows: man of good moral character and credibility and we would believehim on oath in a court of law.H. G. SCHIER, N. V. DARLEY, sworn for the State. OnApril 26, 1913, we were connected with the National Pencil Companyas assistant superintendent and head foreman respectively. Wenow act as superintendent and head foreman respectively. We arefamiliar with the order blanks in said factory and make thisaffidavit with respect to the four books attached, marked 1, 2,3 and 4. Book #1 is an ordinary pad such as is in use at thepresent time at the factory, and

Visible Translated Text Is As Follows: said letters and loop were made by me, but if the original paper was shown me I could be more certain. At the time I left Atlanta the entire supply of blanks, containing the figure "190" on the date line had been exhausted and a new stock of order blanks containing the figures "191" had already been put in use. Shortly before leaving Atlanta I personally packed up all of the duplicate orders on carbon copies which I had written and which had already been filled and sent them down to the cellar of

Visible Translated Text Is As Follows: GROUND 14H. F. BOEKER, Sworn for the Movant: I was master mechanic at the National Pencil Factory in September, 1908, until the last Saturday in December, 1912. During that entire time I signed factory orders for all goods and supplies. I had authority to sign all orders for all goods and supplies I needed. The only other person who had authority to sign orders was Leo M. Frank. The method adopted by me and Mr. Frank in connection with the purchase of supplies was as follows: The orders or requisitions were made on pads

Visible Translated Text Is As Follows: al immoral acts with them or attempted to do so or asked to do so. I did tell detectives Campbell and Starnes that I had been in the basement of the National Pencil Factory with one Daisy Hopkins for immoral purposes, but I told the detectives then and I now say that that I never went to the factory with Daisy Hopkins with the knowledge or consent of Leo M. Frank, but I did the detectives Campbell and Starnes at the time of the conversation referred to in this statement and I now state

Visible Translated Text Is As Follows: telling a falsehood and I then and there told detectives Camp- bell and Starnes that so far as my knowledge of Leo M.Frank went or was concerned that the said Leo M.Frank was a gentleman in every respect and way. Detectives Starnes and Campbell laughed at the declaration I made in defense of Leo M.Frank and treated my statement as a joke, and further that they would and did insist that I admit that I knew Mr.Frank to be a man of bad character, and that I had seen Mr.Frank go into closets and

Visible Translated Text Is As Follows: unbecoming to a lady. I was brought into the case against Mr.Frank by detective Bass Rosser and was subpoenaed to the officeof Mr.Dorsey twice before the trial and questioned very closely byMr.Dorsey. He told me to say that Mr.Frank's general character wasbad and as illustrating to me how he desired me to state that Mr.Frank's character was bad, he said, "I want you to state that hischaracter is bad just as you would state that Mayor Woodward'scharacter was bad, and in the same manner you had heard that Mr.Frank's character was bad. That is

Visible Translated Text Is As Follows: and at this point, I said that Mr.Frank shut the door and disappeared. When I was on the witness stand I only answered such questions as were put to me by the Solicitor General or by counsel for Frank. If I had been permitted to tell the facts in my own way I would have told them exactly as I am telling them now. When Mr. Frank opened the dressing room door and looked in and asked the girls if they did not have any work to do, none of them were in an

Visible Translated Text Is As Follows: heard Maggie Griffin tell her what to say. I don't believe either one of these girls appreciated what it was to swear falsely, as they were giggling and laughing over the evidence they were to give when they went on the witness stand.JOS. SPERKER, FRED ZITMAN, EULA FLOWERS, LEONARDJACOBUS, Sworn for the Movant. We are acquainted with Miss Ruth Robertson, and her residence is in the City of Atlanta. She could have knowledge of the facts testified to by her by reason of the fact that she had been an employee of the factory,

Visible Translated Text Is As Follows: until about twelve o'clock when I went to the courthouse and took the witness stand. Before Mr. Dorsey went over to the courthouse, he came into the room where the girls above described and I, myself, were, and gave us a lecture and told us all that when we went on the stand to go right ahead and tell everything we knew and answer his questions right off sharp. After the lecture I didn't see Mr. Dorsey again until I went on the witness stand at the courthouse. While remaining in the large room

Visible Translated Text Is As Follows: location of such room or place in the factory, and that I knew of other girls that had been to this room with Mr. Frank. I was shocked by the broad insinuation and affirmative statement of Mr. Dorsey, and I told him that all such statements and allusions were lies, and that I had never heard of any such thing ever occurring in the factory, or elsewhere, as to Mr. Frank and any girl employee of the factory were parties to; and-I state now after mature deliberation and thought, that I have never heard

Visible Translated Text Is As Follows: RUTH ROBERSON, Sworn for the Movant. I was a witness in the case of the People against Leo M. Frank, and on the morning of the day that I testified in the case a police detective whose name I believe to be Bass, whose name was Bass, came to my house and conducted me to the office of Solicitor Dorsey. This was my first meeting with Mr. Dorsey. The meeting was in a room in a building that I believe is opposite, or in the vicinity of the building in which the trial was

Visible Translated Text Is As Follows: stand to testify. Before I went on the stand, Solicitor Dorsey came into the room where the girls were confined and gave us all a lecture and told us that when we went on the stand to go right ahead and tell everything we knew and answer his questions right off sharp and quick. While the girls before mentioned were crowded in said room, a great deal of talk and gossip going on among them, and many of them said they were afraid to go on the stand and testify to an untruth and

Visible Translated Text Is As Follows: and some of her associates are Miss Dollie Evans, Atlanta, Ga., Miss Hattie Phillips, Atlanta, Ga. Mrs. Ethel Harris Miller is a person of good moral character and credibility, and we would believe her on oath.B. W. WIDAUER, Sworn for the Movant. I am personally acquainted with Major LeKoff and have known him since his birth. His character for truth and veracity is good. Said LeKoff's associates are, among others, Joe Weinberg, Ike Eplan, Sam Hirswits, Ike Hirswits, Joe Hermann, Sam Simplican and S. B. Edison.MRS. M. MEYER, Sworn for the Movant. I and

Visible Translated Text Is As Follows: Broad at 1:10, and yet here is the paper containing your admission made in the presence of your attorney, Monday morning, April 28th, that you didn't leave the factory until 1:10.Gentlemen, talk to me about sad spectacles, but oh!the sad spectacles that I have witnessed through one that don't know who did it, I don't know in ignorance of who did it, but I know so my grave Curran girl, the daughter of a man that works for Montag, in the case this to prove this for this red-handed murderer, who killed that little

Visible Translated Text Is As Follows: ing this statement, or at the trial of Mr.Frank, I will testifyto all stated by me in this affidavit, mly because it is thetruth, and I further state that I gave talked with no one aboutthe case, and my evidence in the case referred to in this affidavit,except C.W.Burke, who has plainly stated to me that he represents thefirm of Rosser, Brandon, Slaton & Phillips, in the interest of Mr.Leo M. Frank, and Mr.Burke has made me no promises whatsoever, orheld out any offers of reward, and the evidence I give hereinis made of

Visible Translated Text Is As Follows: R.L.Graven is not the truth, and that the evidence I gave at the above named trial was not the truth. It is true that my wife, Minola, was employed at the home of Mrs.Selig, where Mr.Leo M.Frank resided, and it is true that on Saturday, April 26th,1913, I called at the Selig home to see my wife, Minola, but I reached the Selig home on the date in question a little before twelve o'clock noon, and I heard the twelve o'clock whistle blow at the Southern Railway shops after I reached the Selig home

Visible Translated Text Is As Follows: light to be the hair of Mary Phagan. Attested by Geo. BurkeE.F.HOLLOWAY, L.A.QUINN, GRACE HIX, MARY PIRK, Sworn for the movant. We are acquainted with Miss Alice Marjorie MoCord; that said Alice Marjorie MoCord was well acquainted with Mary Phagan during her lifetime. She could well know the color of Mary Phagan's hair and she was in a position by reason of seeing the hair claimed to have been found by the witness Barrett upon the second floor of the factory, to determine whether the hair found by Barrett looked like the hair of

Visible Translated Text Is As Follows: at the National Pencil Company in the city for almost five years past. I am acquainted with Mr. Leo M. Frank, also Mr. N. E. Barrett and knew Mary Phagan quite well and knew the color of her hair. On Monday, April 28th, I was at the National Pencil Company Factory and Magnolia Kennedy called my attention to the hair on a certain machine that N. E. Barrett was alleged to have found there. At that time I gave it as my positive opinion that the hair on the machine was not that of

Visible Translated Text Is As Follows: or 50 feet from Mary Phagan's machine, on the north side of the room. They were ground on the outside. I don't think there were over six or eight of them. I was witness for the defendant. "Witness Negronla Kennedy, a witness for the defense, corroborated Barrett when she says (p.168) 'On Monday, April 28th, Mr.Barrett called my attention to the hair which he found on the machine. It looked like Mary's hair. . . Mary's hair was a light brown, kind of sandy color.' "This hair and blood spot - to be discussed

Visible Translated Text Is As Follows: E. F. CRUSSELLE, Sworn for the Movant.I am a court reporter and reported part of the testimony of Dr. H. F. Harris, at the trial of Leo M. Frank during the month of August, 1913, in Fulton Superior Court; the following testimony is a portion of the testimony of Dr.Harris , which I reported, and which a pears on pages 1481 and 1482 of the stenographic record of the testimony in said cause.Q.Doctor,when did Mr.Dorsey first talk with yo: about making this autopsy? A. I dont recall.Q. How long before you made the examination

Visible Translated Text Is As Follows: hair as shown under the microscope, nor is there any change in the texture of the hair and in the amount and distribution of its pigment. The apparent lightening of the hair which occurs after washing and is visible to the naked eye is due to the removal of dust and of the oil which covers the hair and which mats it together in a more or less compact mass, but under the microscope there is no change in the color of each individual hair. Some of our associates are Dr.C.H.Strother, Dr.W.F.Westmoreland and Dr.

Visible Translated Text Is As Follows: or to the heir. The pigment occurs in two forms. (1) The solution throughout the cortical substance; (2) in granules varying in size arrangement and depth of color. The granules are located within and between the cells of the cortex. The layer surrounding the cortex and forming the external covering of the hair shaft is called the outicle. It is the thinnest of the three layers, is glassy in appearance, and free from pigment. It consists of a layer exceedingly thin, scale-like cells that overlap one another like the shingles of a roof giving

Visible Translated Text Is As Follows: from 50 to 100 sections in all. These tests were made shortly after my examination of Mary Phagan's body. I do not recall any conversation with Dr. Dorsey respecting the hair. It is possible these specimens of hair were returned to Mr. Dorsey after the trial. Professor G.Bachman and Professor J.W.Papez, sworn for the Movant. We have made a study of the subject of scalp hair and as to whether hair from the scalp or any part may be identified as such. The hair is divided into two parts, the root and the shaft.

Visible Translated Text Is As Follows: be alike, but the details of these variants were not discussed in witness's presence. It was stated, however, that it was the opinion of Dr. Harris from this comparison of hairs that the hair found on the lathe was not Mary Phagan's. His best recollection is that Dr. Harris so expressed himself, but he could not say positively.HARLEE BRANCH, sworn for the Movant. I am a reporter on the "Atlanta Journal." On February 20, 1914, I interviewed Dr. H.F. Harris, with reference to his examination of certain hair, said to have been found on

Visible Translated Text Is As Follows: in the basement of the Capitol Building. He went there and foundMr.Dorsey there and talked with him for a few minutes. He also sawDr.Harris and Mr.Dorsey there. After completing his interview ofa few minutes with Mr.Dorsey, he became interested in some experi-ments that were being conducted, a friend and neighbor of his, Dr.Fort, being engaged with Dr. Patillo, also a friend of his, incertain experiments that were then being conducted. A portion ofthe time, he was engaged in eating some watermelon, his friend,Dr Patillo had given him. Dr. Harris, Dr. Dorsey and the Solici-tor

Visible Translated Text Is As Follows: Form, even though it be the truth, he stated that he would not do so because it was going into the hands of Messrs. Rosser and Arnold, counsel for Leo M. Frank.OSCAR PAPPENHEIMER, Sworn for the Movant. He has been a stockholder in the National Pencil Company for a considerable period of time. Sometime after witness read in the papers that Dr. Harris had exhumed the body of Mary Phagan he called on Dr. Harris, who lives next door to witness, and with whom witness was on most friendly terms. Being interested in the

Visible Translated Text Is As Follows: of Solicitor Dorsey, he obtained some of the girl's hair when the body was examined, to compare with the hair said to have been found on the lathe handle and which was given affiant by one of Mr.Dorsey's assistants. Affiant states that the conclusions of hair taken from the head of Mary Phagan when compared with the specimens given him appeared somewhat different as to color, but on microsoope examination, and his impression was that the two specimens of hair were not from the same person.Affiant states that he reported the foregoing views to

Visible Translated Text Is As Follows: sign were correctly set forth and that the same were true in every particular, but that he would not sign the same without the addition of the paragraph above referred to because the matter was going into the hands of counsel for the defense in this case.The affidavit presented to the above mentioned Dr.Harris and which he was requested to sign under oath, and which had been prepared in accordance with the penciled memorandum made by the said Dr. Harris and the truth of which he admitted is hereto attached and marked Exhibit "A".EXHIBIT

Visible Translated Text Is As Follows: 22nd day of April, 1914, which was during the March Term, of the said Atlanta Circuit.Upon the hearing of said extraordinary motion for new trial, movant filed certain amendments, which were duly allowed and which are of record in the case.Upon the hearing of said extraordinary motion, the following evidence was introduced:GROUND 1.J. E. EPPER sworn for the movant. On April 2, 1914, I had a conversation with Dr. H. F. Harris at the latter's office, in Atlanta, Fulton County, Georgia, concerning an affidavit from the aforesaid Dr. Harris touching his knowledge of certain

Visible Translated Text Is As Follows: STATE OF GEORGIAVS.LEO M. FRANK.EXTRAORDINARY MOTION FOR NEW TRIALFROM CONVICTION OF MURDERIN FULTON SUPERIOR COURT.BILL OF EXCEPTIONS.Be it remembered that at the March Term, 1914, of Fulton Superior Court there came on to be heard the case of the State of Georgia, vs. Leo M. Frank, the same being an extraordinary motion for new trial on behalf of said Frank from conviction of murder rendered at the July Term, 1913, of Fulton Superior Court.A motion for new trial had been made during the July Term, 1913, and had been thereafter overruled. To the judgment

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Visible Translated Text Is As Follows: Filed in officeof theClerk. 191_Transcriptof RecordNo.The State ofGeorgiaVersusLeo M. FrankFileNo.Term, 191_Atlanta Circuit

Visible Translated Text Is As Follows: STATE OF GEORGIA,County of Fulton.I Hereby Certify, That the foregoing pages, hereunto attached, contain a trueTranscript of such parts of the record as are specified in the Bill of Exceptions andrequired, by the order of the Presiding Judge, to be sent to theSupreme Court in the case ofLeo M. FrankPlaintiff in Error.vsThe State of GeorgiaDefendant in Error.Inexhaustible to have evidence that theprosecution in the trial was conductedon account of the legal and moralresponsibility to bring the paperssaid thousandsWitness my signature and the seal of Court affixedthis the 20 day of June 1914(Signature)Clerk Superior Court,

Visible Translated Text Is As Follows: (ORDER OVERRULING EXTRAORDINARY MOTION.)After hearing evidence and argument on the application of Leo M. Frank, his extraordinary Motion for a new trial the same is hereby overruled and denied.May 8th, 1914.Benj. H. Hill,Judge Superior Court Atlanta Judicial.

Visible Translated Text Is As Follows: The State insists that this Fifth amendment does not containa single extraordinary situation such as is contemplated by lawshould exist before the solemn adjudication of a court and juryshould be set aside. However, the State denies the truth of eachand all of the contentions as set out in this Fifth amendment,and says that the manner in which the same is shown to havebeen obtained, together with the length of time elapsing sincethe murder, all go to show that the claims are false.Wherefore, the State submits that under no circumstancesshould a new trial be awarded

Visible Translated Text Is As Follows: evidence shows that said Holloway was thoroughly in sympathy with the defendant, and hence the State insists that the affidavit of said Georgia Denham is shown by the record, through the mouth of Holloway, who was really in sympathy with the defendant, to be false. As a matter of fact, the State says that there was never any blood on said Conley's shirt. If there had been, said Georgia Denham would have immediately, being herself an employee of the Pencil Company's factory, have made such fact known.Referring to the contention by the defendant Frank

Visible Translated Text Is As Follows: REPLY TO FIFTH AMENDMENT TO EXTRAORDINARY MOTION FOR NEW TRIAL.oooooooooSTATE OF GEORGIA,Va.Leo M. Frank.(1). No. 9410.( ). Fulton Superior Court.( ). Extraordinary Motion for New( ). Trial.State of Georgia, responding to the fifth amendment to the extraordinary motion for new trial, as allowed on May 1, 1914, says:1. With reference to the alleged newly discovered evidence disclosed in affidavit of Georgia Denham, the State says:The contention of the State was that Conley had assisted Leo M. Frank in removing the body. Even if it should be conceded that the said Conley had blood on

Visible Translated Text Is As Follows: this court a judgment overruling and denying this application for a new trial, because the State insists that if the transaction referred to in this amendment was true of belief, there would be no occasion or necessity for the said Annie Maud Carter to be spirited away and beyond the jurisdiction of the Court, as the State is informed and believes said Annie Maud Carter to be, and rendered inaccessible to the officers.That the contention of the movant, Leo M. Frank, is false is furthermore shown by a statement in the part of the

Visible Translated Text Is As Follows: whose presence was not requested or desired; that among those visitors was one whom this Respondent has every reason to believe was working in the interest of the defendant; that this party presented Respondent with sandwiches which this Respondent did not eat, that this same party also offered to present Respondent with whiskey; that Deponent was threatened with physical harm while in the County prison to the extent of the possibility of taking his life; that he was denounced as a liar, relative to his testimony in this case; and this Respondent is sure

Visible Translated Text Is As Follows: said paper, which was introduced on the trial of the originalcase, said Conley said, responding to said rule:"11. Respondent shows that through no fault of the CountySheriff, a sufficient inside force of guards has been providedby the County Authorities, only one man being paid by theCounty to guard twenty cell blocks distributed in twenty wingsand over five floors; that it is a physical impossibility forthis one man to keep up or even know what is transpiring on fivedifferent floors, or twenty separate immense wall and steelblocks, distributed through a large building; that with thisinadequate

Visible Translated Text Is As Follows: and believes, being pursued and followed in reference to other matters in connection with this extraordinary motion for new trial in behalf of the defendant, Leo M. Frank. The State will be able to show that this transaction is in keeping with other similar transactions, viz, the Wincey incident and the Fisher incident, not to mention other transaction in the course of this case of less importance. Hence the State submits that under no circumstances should a new trial be granted by reason of these perjured affidavits.3. A third amendment embodies a claim on

Visible Translated Text Is As Follows: the case of the State Vs. Leo M. Frank. As a matter of fact, the said Conley could have assisted the said Leo M. Frank in the disposition of the body of Mary Phagan, as testified to, and have been seen by the said Boozer. In other words, the testimony of the said Boozer, even if true, a thing that the State denies, is with reference to immaterial matter.2. State of Georgia, answering the second amendment says that C. B. Ragadale has repudiated this affidavit, and insists that he was procured to swear to

Visible Translated Text Is As Follows: (STATES RESPONSE TO AMENDMENT 1, 2, 3, & 4.)State of Georgia, (1.) No. 29410.Va. (1.) Fulton Superior Court.Leo M. Frank. (1.) Extraordinary Motion For New (1.) Trial.GEORGIA, FULTON COUNTY.State of Georgia, answering the several amendments to theextraordinary motion for a new trial, as filed by movant, Leo M.Frank, and taking them up in the order in which they werepresented to the Court, says:1. As to the amendment claiming that J. W. Boozer, on theafternoon of April 26, 1913, at about 4:15 o'clock met Jim Conleyon Peters street near Castleberry street; The State says that,in

Visible Translated Text Is As Follows: Answer Ground 18, the State contents itself with showing thegeneral bad character of the witness referred to, viz. Mrs.W. Jaffe. This is shown by affidavits of W. H. Orr, and J. L.Moore and Bass Rosser, also the affidavit of P. P. Cooper.Thus it is, that when each one of the eighteen grounds ofthis extraordinary motion are considered and measured by thestandards set up by the law of the land, each one of them isseen to amount to nothing. And unless nothing added to nothingmakes something, a proposition which the State submits is nottrue, then

Visible Translated Text Is As Follows: As to Ground 17. The State, recognizing that the law is that a new trial could never be granted upon the mere ground that some witness sworn in a case has repudiated the evidence given on the stand, has not made any great effort to locate J. E. Duffy, the witness referred to. The law is that, before a verdict can be set aside, the witness repudiating his evidence must be convicted of the offense of perjury. The State asserts that Duffy has not only not been convicted, but that no effort whatsoever has

Visible Translated Text Is As Follows: As to Ground 16: In answer to Ground 16, the State contents itself with setting out a copy of an original affidavit given by Miss Helen Ferguson.Under no view of this case, could this state of facts referred to in Ground 16 warrant or justify any court in granting the defendant a new trial.

Visible Translated Text Is As Follows: As to the 15th Ground, while submitting that the same does not constitute an extraordinary case, even if true, the State says that this ground, among other grounds, in view of the facts as shown by the affidavit of Ivy Jones, which will be set out and shown to the Court, shows the methods being pursued and the lack of good faith on the part of movent, and shows conclusively that the motion for a new trial was not a bona fide motion filed upon newly discovered evidence, but was merely a motion for

Visible Translated Text Is As Follows: As to Ground 14-1/2. With reference to this ground of the motion, the State submits affidavits of J. W. Gantt Also affidavits of Philip Chambers, As a matter of fact, no one could possibly tell what the number of the order was on the order blank used in this case. The State submits that the number, as developed under a colored photographic lens, is not 1618, as contended by the defendant, but is 1618, as shown by the affidavit of the photographer who took the picture, and the only picture which have been taken

Visible Translated Text Is As Follows: In reply to Ground 14, the State says that, even if it be truethat the said C. Burtis Dalton has changed his evidence as given byhim on the trial of the original case, this is not be ground for anew trial. Said Dalton merely sustains Jim Conley. As a matter offact, Dalton's recitals were denied by one Daisy Hopkins, but DaisyHopkins was overwhelmingly impeached for general bad character, muchmore effectively than the defense impeached Dalton for general badcharacter. But in this connection, the attention of the Court iscalled to the evidence of Merck, an

Visible Translated Text Is As Follows: The defendant has not stated frankly at this time why he is soanxious to procure this evidence from Mary Rich.Also the State, in response to this ground, submits an affidavitof F. J. Welborn, a copy of which is on file.

Visible Translated Text Is As Follows: As to Ground 13. The State, in answer to this ground, submitsthe evidence taken by the defendant before H.D.Smith, Commissionerappointed by this Court, and also attaches hereto affidavits by MaryRich, which not only absolutely and completely refute the contentions,but which, if true, show the policy and tactics pursued by this defend-ent, Leo M. Frank and his friends in their desperation to set asidethe verdict of guilty; and further show that the motion is not made ingood faith. In no view of the facts as here presented, should a newtrial be granted. The affidavits made

Visible Translated Text Is As Follows: changed these statements on the trial, and said, as will be seen by reference to page 3201 of the stenographer's report; "I continued on up Forsyth street to Alabama and down Alabama to Whitehall, where I waited a few minutes for a car, and after a few minutes a Georgia Avenue car came along," etc. There was good reason for the change; first, Whitehall street was a more popular thoroughfare; the corner of Whitehall and Alabama Sts., is one of the most congested streets in the City; more people by far catc h cars

Visible Translated Text Is As Follows: on this extraordinary motion, says however, that it is nothing, butright and proper that the Court should be informed as to what Frankhimself said in the evidence on the hearing before the Coroner, as towhere he was at the time Pardee and Green now say they saw him at thecorner of Alabama and Whitehall Streets. On page 55 of the stenogra-pher's minutes of the Coroner's inquest, as reported by Harvey L.Barry, Official Reporter of Fulton Superior Court at that time, and asfiled, as required by law, in the Clerk's Office of the Superior Courtof

Visible Translated Text Is As Follows: As to Ground 12: The State submits that, at best, this evidence, if true, is merely cumulative. The plea of alibi constituted, as will be seen by reference to the brief of evidence filed in this case, about the only defense set up by Frank, the defendant, and numerous witnesses were introduced along that line. Among other alibi witnesses testifying to almost the same state of facts to which in this ground it is said Pardee and Green will testify, was Miss Helen Kern. Even the testimony, however, of Miss Kern, and the evidence

Visible Translated Text Is As Follows: As to Ground 11. The State insists that no case does not constitute an extraordinary situation such as is contemplated shall exist before the Court shall set aside a solemn verdict rendered unanimously by a jury of twelve, where the verdict is approved by the trial judge and affirmed by the Supreme Court. Under the law, even if the witness referred to, namely, Miss Marie Karst, had repudiated her evidence, the Court could not grant the motion for a new trial. This affidavit of Miss Marie Karst is also supported by the affidavits of

Visible Translated Text Is As Follows: To Ground 10, as a full and complete answer, in view of the law obtaining with reference to such matters, the State submits that the affidavit of Mrs. Mamie Edmunds, nee Miss Mamie Kitchens, is a full and complete answer to the allegations of Ground 10. Gold affidavit of Mrs. Mamie Edmunds, nee Miss Mamie Kitchens, is as follows:

Visible Translated Text Is As Follows: Also with reference to Ground 9, the State respectfully refers the Court to the affidavit of Mrs. Carrie Smith, and the affidavit of Mrs. Nash, nee Griffin, flled with reference to Ground 8.With reference to this Ground 9, as is insisted by the State with reference to all of the grounds contained in this motion, it is submitted that the same does not present extraordinary situations such as are contemplated by the law, and could not possibly, in any view of the case, be reasonably expected to produce a different result to that which

Visible Translated Text Is As Follows: Answering Ground 9 of the so-called extraordinary motion of thedefendant, Leo M. Frank, the State submits, as a full and completerefutation to the said ground, even if it were otherwise sufficientin law to warrant the setting aside of the verdict of guilty, as ren-dered, the affidavit of Miss Ruth Robertson, a copy of which isannexed hereto annexed. This said affidavit is supported by theaffidavit of her father, W. T. Robertson, a copy of which is

Visible Translated Text Is As Follows: The State, answering Ground 8, submits that, under the law, the fact that Dewey Hewell has changed, if such be the fact, her evidence as given on the trial of Leo M. Frank, would not be a ground for granting this extraordinary motion. In addition to the evidence given by Dewey Hewell, showing that Leo M. Frank personally knew Mary Phagan, the deceased, the State introduces the evidence of J. M. Gantt, book-keeper, who swore that Leo M. Frank remarked to him that he seemed to know Mary pretty well. The State also introduced

Visible Translated Text Is As Follows: The State submits, with reference to Ground 7, that the same is wholly insufficient; the evidence set out as having been given by Mrs. Ethel Harris Miller and MR. L. LEPOFF being merely cumulative evidence; the question of alibi having been mainly relied upon by the defendant, Leo M. Frank, in the trial in which he was convicted of the offense of murder.The State is informed and believes that these witnesses are non-residents of the City of Atlanta, and nothing is known as to their character, reputation, standing, associations or connections.The State is informed

Visible Translated Text Is As Follows: The evidence as to the general character of this witness, is sufficient answer to the charge that the State did not introduce her, even if there had not been, as there are other reasons set out,94

Visible Translated Text Is As Follows: 6. Referring to ground 6 with reference to the newly discovered evidence of Mrs. J. B. Simmons, the State shows, that this constitutes no satisfactory ground for a new trial, because first, this evidence could not have been produced and would not have been produced a different result in view of the overwhelming and preponderance of the evidence that this girl was dead not later than one-thirty o'clock, and could not have screamed at the time and place referred to by Mrs. Simmons. Second, the said Mrs. Simmons is shown by the following affidavits

Visible Translated Text Is As Follows: The State submits that Albert McKnight has told the absolute truth, and that no new trial could possibly, under the rules of law as laid down by the Courts, be granted under the showing made in ground 5 of this motion. The State submits that Albert McKnight could not truthfully change the evidence given on the trial, and would not do so, and that he never would have made the false affidavit referred to in ground 5 except for the improper influences shown to have been exerted on him by agents and representatives of

Visible Translated Text Is As Follows: Also the State submits as a complete answer, the affidavit ofAngus Morrison, andAlso affidavit of R. L. Craven.Also the State submits affidavit of H. B. Pickett.Also the State submits the affidavit of W. W. Boyd taken onApril 22nd, 1914.

Visible Translated Text Is As Follows: 5. Replying to paragraph 5 of the extraordinary motion, the State, for answer, submits the following as being a complete answer and reason why no extraordinary motion under the law should be granted on this ground, The State herewith sets out an affidavit obtained of Albert McKnight on the 21st day of April, 1914, and also one obtained on the 16th day of April, 1914, which are as follows:

Visible Translated Text Is As Follows: GROUND 4.With reference to this GROUND, the same objection is urged against the granting of a new trial, as heretofore referred to.We submit that if a verdict rendered after a trial lasting approximately thirty days, where evidence was introduced covering, as shown by the stenographer's report, seven large volumes, and 3,647 pages of legal cap paper, a voluminous record, can be upset, - where the same has been rendered by a unanimous verdict of the jury, as shown by the affidavits from all of the jurors as attached to the motion for a new

Visible Translated Text Is As Follows: GROUND 3.In answering Ground 3, the State attaches a copy of an affidavit executed by Mrs. Cora Rich, which in itself amply disproves the contention of the defendant. The statements with reference to diligence in respect to this subject matter, as set forth in response to Grounds 1 and 2 in this answer, are also likewise applicable to Ground 3.

Visible Translated Text Is As Follows: For one illustration of such a statement on the part of Frank's attorney aforesaid, see p. 2932 of the stenographer's report of the evidence, where he said: I have asked Miss White, a witness for the defendant, whether, inasmuch as you worked on that floor, I am going to ask you a question. Have you ever been to Mr. Frank's office after hours when anything wrong or immoral was done of any sort?For another illustration, see p. 2934 of the report, where the witness, Mr the defendant, Miss Corinthia Hall, was asked: "Now, I

Visible Translated Text Is As Follows: The said Harris was sworn, as the record shows, long after counsel for the defense had cross-examined Miss Grace Hicks, as shown by the record, and the State submits that the record itself shows that counsel for the defense are shown by this record to have been lacking in diligence in reference to the subject matter involved in Ground 1.GROUND 2.The State contends that the record of questions and answers given under Ground 1 and the other evidence contained in the brief of evidence approved by the court when the motion for a new

Visible Translated Text Is As Follows: The attorneys for the defendant, under the law, propoundedin this case certain questions to Dr. H. F. Harris, sworn by theState on the trial of this case, said Harris not having beenasked either by the State or the defendant any question withreference to the hair. Said Harris, before D. O. Smith, Com-missioner duly appointed to take his evidence in answer to ques-tions propounded by defendant's attorneys, testified substantiallyas follows, viz: "I am state health officer and director oflaboratories of the State Board of Health. I made two examina-tions of the body of Mary Phagan.

Visible Translated Text Is As Follows: "Q. Did you discover any hair on there anywhere, identify any hair? A. Mr. Barrett called me and showed me that hair at the machine."Q. And you identified it, didn't you? A. Yes sir."Q. Whose hair was it? A. It looked like Mary's hair."Q. Where was it when you saw it? A. It was on the lathing machine."On p. 2253 of said record, these cross questions were asked and these answers given:"Q. Now, what was the color of Mary's hair, and what was the color of this hair you found there? A. Mary's hair

Visible Translated Text Is As Follows: the handle and they got around my finger."Quinn was a witness for the defendant on the main trial.Miss Grace Hicks was sworn by the State, and in Vol. 1, p337, of the official stenographer's report is found the followingquestions and answers, viz:"Q. How did you know that that was Mary Phagan? A. I justknew by her hair being so long."Q. Knew her by her hair? A. Yes sir."On cross examination counsel for the defendant asked saidwitness, among others, the following questions, and received theanswers following, viz:"Q. Miss Grace, what sort of hair did little