Leo Frank TV

Visible Translated Text Is As Follows: --2--For specific answer to the several grounds, the State of Georgia hereby shows:GROUND 1.In response to Ground 1, the State says that the same is not in any view sufficient.The facts with reference to the hair, as developed on the original trial, are as follows:R. P. Barrett, sworn for the State, was the machinist in the National Pencil Company's place of business. He swore that on Monday morning after the murder was committed, viz, April 28, 1913, he found blood spots near the ladies' dressing room, where Jim Conley afterwards swore he dropped the

Visible Translated Text Is As Follows: (RESPONSE TO EXTRAORDINARY MOTION FOR NEW TRIAL.)STATE OF GEORGIA, ( ) No. 9410Vs. ( ) Superior Court of Fulton County.Leo M. Frank. ( ) Conviction of Murder. July Term of ( ) Fulton Superior Court: Affirmance of ( ) Judgment by Supreme Court; Entry of ( ) Remittitur Varch Term, 1914, Fulton ( ) Fulton Superior Court. ( ) Extraordinary Motion for New Trial by ( ) Leo M. Frank.oooooooooooooooooThe State of Georgia in response to said motion and as

Visible Translated Text Is As Follows: (ORDER OF May 6th, 1914.)The recitals of fact contained in the grounds of the foregoing motion for new trial are hereby approved as true.This 8th day of May, 1914.B. H. Hill,Judge S. C. A. C.

Visible Translated Text Is As Follows: 4. The defendant also strikes ground number 6 of the original motion.5. The defendant further amends by striking ground number 12 of the original motion.6. The defendant further amends by striking from paragraph 13 the following: "that the said Mary Pich knew Jim Conley, and that on April 26th 1913, at about 2:15 P. M., she saw Jim Conley come out of alley immediately in the rear of the National Pencil Company's factory; that the said Jim Conley bought a 20 cent dinner of Mary Pich, who runs a restaurant on wheels facing said

Visible Translated Text Is As Follows: (6th AMENDMENT TO MOTION.)GEORGIA, FULTON COUNTY.Now comes the defendant Leo M. Frank, and herebyamends paragraph 2 of the original motion by striking therefromthe following words: "that she was an employee of the NationalPencil Company and was acquainted with Mary Phagan, and knewthe color of her hair; that she knew state's witness R. P.Barrett, who had testified at the original trial that he hadfound hair on a lathe on the second floor, and that on Monday,April 28th, the said Barrett showed her the hair which heclaimed he had found on said machine, and she, the

Visible Translated Text Is As Follows: (ORDER OF May 9th, 1914.)The recitals of fact contained in the grounds of the foregoing extraordinary motion for new trial are hereby approved as true. This 9th day of May, 1914.Benj. H. Hill,Judge S. C. A. C.

Visible Translated Text Is As Follows: State of Georgia, No. Fulton Superior Court.Vs. Conviction of Murder} July Term,1915Leo M. Frank. Extraordinary Motion for New TrialGEORGIA, FULTON COUNTY.Personally appeared before the undersigned Leo M. Frank who, being duly sworn, deposes and says that he is the defendant in the above stated cause, and that the statements contained in the foregoing amendment to his extraordinary motion for new trial are true as they stand stated.Sworn to and subscribed before me, this the 1st day of May, 1914.J. O. Knight,Notary Public Fulton County, Ga.( H. P. Seal.)The above and foregoing amendment is hereby

Visible Translated Text Is As Follows: Sworn to and subscribed before methis 30th day of April, 1914.D. I. Mac Intyre, Jr.Notary Public, Fulton County, Ga.STATE OF GEORGIA,Vs.Leo M. Frank.No. Fulton Superior Court.Conviction of Murder: July Term1913. Extraordinary Motion forNew Trial.Georgia, Fulton County,--------Before the undersigned, personally appeared Leo M. Frank, whobeing duly sworn, deposes and says that at the date of histrial and at the date when his motion for new trial was overruledhe had no knowledge that the witnesses Georgia Denham and Cora L.Leffew knew the facts, or could, or would testify to the factsset out in Exhibits A, B,

Visible Translated Text Is As Follows: Miss Mary Park, Miss Jimmie Wayfield and Annie How.Georgia X Denham markSworn to and subscribed before me,this 30th day of April 1914.J. O. Knight,Notary Public Fulton County, Ga.(Notary Seal)Corrections made before being sworn.J. O. Knight,Notary PublicWitness to signatureJ. P. Fyffe,N. V. Darley.EXHIBIT E.GEORGIA, FULTON COUNTY. Fulton Superior Court.State of Georgia,Vs.Leo M. Frank. Extraordinary motion for new trialPersonally appeared Mrs. Cora Lavender Leffow who uponoath states that she was present in the metal room at theNational Pencil Company's plant on Monday, April 28th, 1913,when some strands of hair were found upon a certain lathe, andwhich

Visible Translated Text Is As Follows: of the shoulder.Affiant further states that she related the above facts to the detectives who were then working on the case and that her affidavit was taken by them.Affiant states that some of her associates are - Miss Mary Pirk, Jennie Wayfield, Annie How.herGeorgia X DenhammarkSworn to and subscribed before me, this 30th day of April, 1914.J. O. Knight,N. P. Fulton County, Ga.( N. P. Seal. )Correction made before being sworn,J. O. Knight.Notary Public.Witness:Eula Flowers,N. V. Darley.EXHIBIT D.GEORGIA, FULTON COUNTY.State of Georgia, Fulton Superior Court.Vs. Extraordinary Motion for New TrialLeo V. Frank.Personally appeared Mrs.

Visible Translated Text Is As Follows: Deponents, nor neither of them, did not know of the existence of the letters attached to the affidavit of Annie Maud Carter, which is attached to the amended extraordinary motion for new trial and marked Exhibit 3, until after the case of Leo M. Frank had been affirmed by the Supreme Court. That deponents did not know of the existence of these letters, nor could they have known of them by the exercise of any diligence.L. Z.Rosser,Morris Brandon,Herbert J. Haas,Leonard Haas,R. R. Arnold.Sworn to and subscribed before me,this 1st day of Vay, 1914.B. H.

Visible Translated Text Is As Follows: unknown to his counsel at the date of theoriginal trial and at the date when the motion for new trialwas overruled, and the fact that it is so newly discovered untilit only came to their attention on the date of the affidavit ofsaid Exhibit B and could not have been discovered by exerciseof due diligence.Movant further shows that this testimony is material, andpresents such an extraordinary set of circumstances as wouldand should produce a different verdict upon another trial.Roeser and Brandon,R. P. Arnold,Leonard Haas,Herbert J. Haas.Attys. for Deft.State of Georgia, (1. No. Fulton Superior

Visible Translated Text Is As Follows: Donham would testify as in said affidavit set out, nor could they have ascertained same by exercise of due diligence.1.-D. Because of the newly discovered evidence of Cora Lavender Lafeew, which evidence so newly discovered is hereunto set out in an affidavit hereto attached and marked Exhibit B.The movant hereto, Leo M. Frank, did not, at the date of the original trial, nor at the date when his motion for new trial was overruled, know of the facts in said Exhibit B set out; nor did he know that said Cora Lavender Lafeew would

Visible Translated Text Is As Follows: 'they would not have convicted this movant upon the testimony of such a vile creature.Movant insists that these letters, introduced before a jury upon another trial, should and would produce a verdict of acquittal.I-B. Because of the newly discovered evidence of Cora L. Leffew, which evidence so newly discovered is hereunto set out in an affidavit hereto attached and marked Exhibit E.Upon the original trial of movant, the State contended that Mary Phagan had been murdered in the metal room of the second floor of the factory and had been carried from that place

Visible Translated Text Is As Follows: letters before the Court and jury, upon another trial, a verdict would and should be rendered in his favor.These letters are further material by reason of their substance they reek with the vilest filth and show that they were written by one with the most loathsome and perverted nature, whose testimony was absolutely worthless, and whose depraved disposition could be depended upon to murder this little girl.The substance of these letters corroborates the contention of movant and of his counsel, that the condition in which the girl's underclothes were found is the result of

Visible Translated Text Is As Follows: the notes themselves showed that they were conceived by a white man.The letters, newly discovered and hereto set out as a part and parcel of said Exhibit C, hereto attached, show therein the same words, the same spelling, and the same style of composition as appears in the notes found near the child's body; especially does it appear from these newly discovered letters that the negro Conley did use the word "did" and did use the word "negro" instead of the words "done" and "nigger". Even in the very question of spelling, the notes

Visible Translated Text Is As Follows: rust stains and that said stain were in fact blood stains. This testimony of Georgia Denham, unknown to the movant as aforesaid, shows that the stains upon the shirt were not rust stains but were blood stains, and strongly enforces and fortifies the position of this movant that Conley was the slayer of Mary Phagan and that, in the slaying, he was stained with Mary Phagan's blood. Movant affirms that this testimony was likewise unknown to his counsel at the date of the original trial and at the date when the motion for new

Visible Translated Text Is As Follows: ( 8th A M E N D M E N T TO MOTION.)GEORGIA, FULTON COUNTY.And now comes the movant, the defendant in the above stated cause, Leo M. Frank, and amends his extraordinary motion for new trial, and for cause of amendment says:1-a. Because of the newly discovered evidence of Georgia Denham which evidence so newly discovered is hereunto set out in an affidavit hereto attached and marked Exhibit A.The movant hereto, Leo M. Frank, did not, at the date of the original trial nor at the date when his motion for new trial

Visible Translated Text Is As Follows: (ORDER OF MAY 9th, 1914.)The recitals of fact contained in the grounds of the foregoing motion for new trial are hereby approved as true.This 9th day of May, 1914.B. H. Hill, Judge S. C. A. C.

Visible Translated Text Is As Follows: STATE OF GEORGIAVS.LEO M. FRANK,FULTON COUNTY. Fulton Superior Court Extraordinary Motion For New Trial.GEORGIAFULTON COUNTY.Personally appeared R. R. Arnold, Morris Brandon, Herbert J. Haas, Leonard Haas and L. Z. Rosser, who upon oath deposes and states that they did not, at the date of the trial, nor until after the Supreme Court had affirmed the case of Leo M. Frank have any knowledge of the facts and circumstances set out in Exhibit A, hereto attached; that these deponents, except Morris Brandon, who did not have active control of the case, and whose firm was

Visible Translated Text Is As Follows: Copy of Statement(Leo M. FrankMarie M. Gartz)

Visible Translated Text Is As Follows: G E O R G I APULTON COUNTY.STATE OF GEORGIA ) VS. )LEO M. FRANK. ) Extraordinary motion for new trial.Personally appeared Leo M. Frank, who upon oath deposes and states that the facts set out and sworn to in Exhibit A hereto attached were unknown to deponent at the time of his trial before the jury in Fulton County, Georgia, and were unknown to this deponent until the date of said Exhibit A; that he did not know the facts and circumstances set out in Exhibit A until the date of said Exhibit

Visible Translated Text Is As Follows: statement and I have not been promised anything and don't ask anything to make this statement. I am simply telling the truth of my own free will.Detectives Langford, Choring and Sturdevant took a statement from me today. I did not tell them all that I am telling here because I knew they were trying to get things to favor Conley and I knew he was guilty, and that what I knew wouldn't help him b.t would break his neck. Chief Langford also asked me if Conley used his mouth on me a:d I didn't

Visible Translated Text Is As Follows: one had called her, that she turned back and he then struck her with his fist, knocking her down and dragged her back where they put rubbers on pencils. That finding Mr. Frank absent, he dropped her through the hole then he then took her around by the furnace starting to put her in the furnace but his conscience wouldn't let him, that he put her down there to make people believe Newt Lee did it; that afterwards he found a piece of blank paper, tears it in two, picks up a pencil, and

Visible Translated Text Is As Follows: EXHIBIT "A"STATE OF GEORGIA, VS. LEO M. FRANK.Extraordinary motion for a new trial.In Fulton Superior Court, March Term 1914.Personally appeared Annie Maude Carter of 88-1/2 West LindenAve., who on oath says, that about October 7th 1913, I waslooked up in the Fulton County Jail where I saw Jim Conley.I first met Jim Conley in the Court House in November 1913,at the time I was sentenced to jail. After I was sentenced Iwas well acquainted with Conley and knew him well for four monthsstraight in jail. I talked daily with him about all his affairsand

Visible Translated Text Is As Follows: justify and demand a new trial, and if introduced before a jury would produce a verdict of acquittal for this movant. This movant shows that these facts set out in Exhibit A were not known to this movant or to movant's counsel until the date of said affidavit and could not by any possibility have been discovered either by this movant or movant's counsel, for the reasons above set forth.(Signed) L. Z. RosserMorris BrandonH. J. HaasLeonard HaasReuben R. ArnoldAttorneys for Leo M. Frank.

Visible Translated Text Is As Follows: (4th AMENDMENT TO MOTION.)STATE OF GEORGIAVS.LEO M. FRANK.Fulton Superior CourtExtraordinary Motion for new trial.And now comes the defendant, Leo M. Frank, and amends his extraordinary motion heretofore made in said case, and for amendment says:I: A new trial ought to be granted in this case because of the newly discovered evidence of one Annie Maude Carter, which newly discovered evidence is set out and appears in her affidavit, which is hereto attached and marked Exhibit A, said evidence fully appearing in her said affidavit, and said affidavit being made a part and parcel of

Visible Translated Text Is As Follows: (ORDER STRIKING 2nd AMENDED MOTION)Upon motion of defendants counsel the amended motion for new trial based on the affidavits of Ragdale and Barber is herewith stricken from the files of this Court.This 28th day of April 1914.Let the original affidavits made by Ragdale and Barber referred to in the petition be filed in the Clerk's Office.Benj. H. Hill,Judge S. C. A. C.

Visible Translated Text Is As Follows: ( ORDER OF MAY 5th, 1914. )The recitals of facts contained in the grounds of the foregoing motion for new trial are hereby approved as true.This 5th day of May, 1914.B. H. Hill,Judge B. C. A. C.

Visible Translated Text Is As Follows: but had no knowledge of the facts testified to in these affidavits.Leo M. Frank,Sworn to and subscribed before me,this 23rd day of April, 1914.Leopold Haas Jr.N. P. Fulton County, Ga.(N. P. Seal.)This amendment is hereby allowed and ordered filed.This April 24th, 1914.Benj. H. Hill,Judge S. C. A. C.Filed in office this the 4th day of May, 1914.John H. Jones, D. Clk.

Visible Translated Text Is As Follows: testify to the facts above set out, and neither movant not hiscounsel could have discovered the same by the exercise of duediligence.Roeser and Brandon,Leonard Haas,H. J. Haod,R. F. Arnold,Attys. for Movant.GEORGIA, FULTON COUNTY.Personally appeared Leo M. Frank, who upon oath deposes andsays that the facts in the above and foregoing amendment for newtrial are just and true as they stand.Leo M. Frank,Sworn to and subscribed before me,this 24th, day of April, 1914.C. W. Burke,N. P. Fulton Co., Ga.State of Georgia,In Fulton Superior Court,Vs.Leo M. Frank.Extraordinary motion for New Trialat March Term, 1914.GEORGIA - FULTON

Visible Translated Text Is As Follows: (25) and thirty (30) minutes after twelve (12) o'clock noon, when she reached the store, the reason for knowing that it was about that time being because the Swift Soap company do not permit their employees to use the 'phone after twelve thirty (12:30) o'clock, and witness knows that she was just in time because she had only a moment or two to talk to Mr. Newcomb.Witness further says that when she entered the Pencil factory that day, Jim Conley was sitting on a box between the stairway and the elevator on the first

Visible Translated Text Is As Follows: mother said: "I thought I left you at Alverson's store," and witness replied that she was tired waiting and told her mother to hurry and got out with her. Witness's mother told her she had to go back to the fourth floor to get a package and would be back as quickly as possible. Witness says she was angry and vexed with her mother for keeping her detained and she and her mother talked for several minutes and when witness and her mother finished talking, witness's mother went up the stairs; Arthur White also

Visible Translated Text Is As Follows: (3rd AMENDMENT TO MOTION.)GEORGIA, FULTON COUNTY.Now comes Leo M. Frank and amends his extraordinary motion for new trial:Further amending said extraordinary motion for new trial movant says that a new trial should be granted him because of the material facts set forth in the affidavit of Mrs. Maud Bailey, said Mrs. Maud Bailey testifying that on April 26th, 1913, she was living at 253 Humphries street in Atlanta, Ga., that at 11 o'clock in the morning or a few minutes after that time, she boarded a Stewart Street Car and left the same at

Visible Translated Text Is As Follows: about 3 o'clock he went to his home, some distance from thefactory went to sleep and forgot to come back to the factory;that he remained at home until about 6 o'clock went out a whileand then returned and spent the night at home,(d). That this testimony shows that Jim Conley was onPeters street between 4 and 4:30 o'clock.(e). That this testimony was not known at the trial, noruntil after the overruling of the motion for a new trial, noruntil the 7th day of April, 1914, by Leo M. Frank or by eitherof his counsel,(f).

Visible Translated Text Is As Follows: (Let AMENDED MOTION.)GEORGIA, FULTON COUNTY.And now comes the defendant, Leo M. Frank, and amends his extraordinary motion for a new trial, and for amendment says:(a). Because of the newly discovered evidence, of J. W. Boozer, which in substance is that, while collecting for Patrick & Thompson one of his accounts was against Jim Conley, now in jail, and connected with the Mary Phagan murder.On April 26th 1913, he was unable to get to the pencil factory by 1:30 o'clock in the afternoon, it being his custom to go to the pencil factory each Saturday

Visible Translated Text Is As Follows: Read and considered. It appearing to the court that notice of the above and foregoing extraordinary motion for new trial has been given to the opposite party as provided by law, as set up in section 1091 of the Penal Code, it is considered, ordered and adjudged that this above and foregoing motion for new trial be filed and made part of the record in the case of the State vs. Leo M. Frank, pending in Fulton Superior Court.Let the State of Georgia, through the Solicitor General, show cause before me on the 22

Visible Translated Text Is As Follows: she saw Leo M. Frank at the corner of Whitehall and Alabama streets at Jacobs' corner at 1:05 P. M. Neither the defendant nor his counsel had any information or knowledge that this witness knew the facts as shown until she would testify to the same on the trial; they knew nothing thereof until after the motion for new trial was over ruled in this case.The witness Conley testified that from four minutes to one to 1:30 on the day of the murder, April 26th, 1913, he was present in the Penoil factory with

Visible Translated Text Is As Follows: Duffy, you know that is not true, and you know that you were notin front of the dressing room at all, and that there was no bloodthat ran upon the floor, and that, as soon as you injured yourfinger, you promptly went to the office of Mr. Frank and then tothe Atlanta Hospital, where Dr. F. W. Ballinger waited on you" Ir.Dorsey then asked what it was he used to stop the blood, andthat he replied that he stopped it with a piece of waste; thatfor some reason he both permitted Mr. Dorsey to

Visible Translated Text Is As Follows: the little girl was killed by Jim Conley, and this testimony is material as showing his disposition towards the little girls in the factory.17. Defendant further shows that he should be granted a new trial because of the following:J. E. Duffy testified on the trial that he worked at the National Pencil Factory and was hurt in the metal department by a cut on his forefinger on the left hand; that he went to the office to have it dressed, that it was bleeding pretty freely and a few drops of blood dropped on

Visible Translated Text Is As Follows: and defendant's counsel having no access thereto.15. Defendant further shows that he should be granted a new trial because of newly discovered evidence of Ivy Jones, which has come to the knowledge of the defendant and his counsel since the original motion for a new trial was heard and passed upon by the Court.Upon the trial said Jones testified for the State as follows:That he saw Jim Conley at the corner of Forsyth and Hunter streets on April 26, 1913, in a saloon between one and two o'clock on the opposite corner from the

Visible Translated Text Is As Follows: Defendant further shows that the serial number on said note namely, "1018" corresponds to the serial number of the requisit ion made on the Cotton States Heating and Supply by said Beoker in September 1909, the preceding serial numbers, namely 1016, 1017 being dated September 10, 1909, and serial number 1019 the one immediately following the sheet on which Conley wrote, being dated October 6th, 1909, that the serial numbers of the order pads used at the time the murder was committed were far in excess of said number__________and that at that time there

Visible Translated Text Is As Follows: sorawl of the name "H. F. Becker" sought to be erased but which is clearly discernible under the microscope; that also on said note is the date "Sept. 1909", also sought to be erased but also discernible under a powerful microscope, together with the serial number "#1018" that said sheet was a duplicate carbon order blank of a requisition sent to the Cotton States Belting and Supply Company in September 1909, by the said H. F. Becker, who was master mechanic at the National Pencil Company at that time, and whose business it was

Visible Translated Text Is As Follows: had been down in the basement; that the defendant knew that he was in the basement, that there would be ladies in defendant's office, sometimes two and sometimes one; that he visited the Pen oil factory with Daisy Hopkins; that many times Hopkins introduced said Dalton to defendant in defendant's office before Christmas; that Daisy Hopkins accompanied said Dalton down to the basement where there was an old cot and a stretoher; that defendant had coca cola, lemon and lime and beer in his office; that Daisy Hopkins knew defendant and Dalton had seen

Visible Translated Text Is As Follows: that the said Conley would warn Dalton if defendant or anyone else should happen to come along and possibly disturb Dalton while he was in the basement and that said Jim Conley would assist Dalton and Daisy Hopkins to get out of the factory without being seen by anyone; that on one occasion said Dalton looked into defendant's office, but that defendant did not see said Dalton as defendant was busy at the time talking to Daisy Hopkins, who had gone to the factory in company with said Dalton, for the purpose of drawing

Visible Translated Text Is As Follows: he, Dalton had joined defendant on several occasions in acts of immoral conduct with women and girls and that he had on various occasions joined defendant and women in the office of defendant, and that on these occasions they would all drink beer and have a so called good time and that Dalton had seen Jim Conley and defendant on various occasions talking earnestly together and that women and girls had told him that defendant had committed both natural and unnatural acts of intercourse with them, and that Dalton had at various times taken

Visible Translated Text Is As Follows: The defendant further submits that the discovery of the foregoing facts is material and that it is such an extraordinary state of facts as would probably produce a different result on another trial, and that said facts were unknown to the defendant and his counsel and it was impossible to have ascertained the same by the exercise of proper diligence, the said Mary Rich not being a witness on said trial, and that she was in possession of the state of facts herein set forth being unknown to defendant and his counsel until after

Visible Translated Text Is As Follows: the knowledge of defendant and of his counsel since the original motion for new trial was heard and passed on, and which is as follows: that the said Mary Rich known as W. Conley, and that On April 26th, 1913, at about 2:15 P. M. she saw Jim Conley come out of the alley immediately in the rear of the National Pencil Company's factory; that the said Jim Conley bought a 20 cent dinner of Mary Rich, who runs a restaurant on wheels facing said alley, that after purchasing said dinner he carried same

Visible Translated Text Is As Follows: Broad street during the morning and up to one o'clock in the afternoon; that at one o'clock they left the local store of saidCotton States Belting and Supply company at No. 9 South Broadstreet and walked to Jacobs' Pharmacy corner, at Whitehall andAlabama Streets, arriving there between 1:00 and 1:05; that thesaid Samuel A. Pardee saw the defendant leaning against thepower pole of the Georgia Railway and Power Company; that he re-calls the defendant had a newspaper in his hand and as saidPardee passed defendant he waved his hand at him and defendantanswered the

Visible Translated Text Is As Follows: Defendant here and now offers to show and prove to the Court all of the facts herein set forth, and swears to the existence of these facts as the truth, and asks the Court to investigate them in this extraordinary motion.Defendant further submits that the discovery of the foregoing facts is material and that it is such an extraordinary state of facts as would probably produce a different result on another trial and that said facts were unknown to the defendant and his counsel and it was impossible to have ascertained the same by

Visible Translated Text Is As Follows: defendant shut the door and disappeared; that said MamieKitchene, when on the witness stand, only answered such questionsas were put to her by the Solicitor General or by Counsel fordefendant, but stated now that if she had been permitted to tellthe facts in her own way she could have told them exactly as shetold them in this her statement, that when defendant opened thedressing room door and looked in an asked the girlsreferred to if they did not have any work to do, that noneof them were in an exposed condition, but that said

Visible Translated Text Is As Follows: trial was heard and passed on, and which is as follows: that the said Mamie Kitchens worked at the National Pencil Company, that at no time during her employment at the factory did she ever hear or see defendant act in a familiar manner towards any of the female employees at the factory or at any other place, that never at any time had any girl or woman, or men told her that defendant had attempted to act in a familiar manner with them or ever in any way offered them an insult in

Visible Translated Text Is As Follows: and that she did not know her by name, but she was rehearsed to know her by Waggis Griffin in that room, and to say whatever she did say on the witness stand; that she said Ruther Robertson has seen the evidence as reported as being given by Dewey Howell and recognized in her answer precisely what she had heard Waggis Griffin tell her to say; that the said Ruth Robertson states that she does not believe either of these girls appreciated what it was to swear falsely, as they were giggling and laughing

Visible Translated Text Is As Follows: until about 12 o'clock when she went to the courthouse and took the witness stand, that before the Solicitor went over to the courthouse he came into the room where the girls above described and she herself were and gave them a lecture and told them all that when they went on the stand to go right ahead and tell everything that they knew and answer his questions right off sharp; that after the lecture she said Ruth Robertson didn't see the Solicitor General again until she went on the witness stand in the

Visible Translated Text Is As Follows: with defendant, that said Ruth Robinson was shocked by the broad insinuation and affirmative statement of the Solicitor General, and she told him that all such statements and allusions were lies and that she had never heard of any such thing ever occurring in the factory or elsewhere, in which defendant and any girl employe of the factory were parties to, and that she had never heard such insulting language by direct speech and innuendo by any of the commonest laborers in and about the National Pencil Factory as was used to her by

Visible Translated Text Is As Follows: which had come to the knowledge of this defendant and of his counsel since the original motion for new trial was heard and passed, and which is as follows: That the said Ruth Robinson was a witness for the State on the original trial, and that on the morning of the day she testified detective Bass Rosser came to her house, and conducted her to Solicitor General Dorsey, which was her first meeting with him that the meeting took place in a room opposite the place where the trial occurred; that after being introduced

Visible Translated Text Is As Follows: Pencil Factory, she never heard any employee, male or female, saythat defendant was a man of bad character, and had never seenany wrong doing on his part.Defendant shows that at the trial, the Solicitor Generalput several witnesses on the stand, who testify to the badcharacter of the defendant, and further certify that the defendant knewMary Phagan. the Solicitor General proved by the said DeweyHowell that she had worked at the pencil factory four monthsand had seen the defendant talk to Mary Phagan two or three timesa day in the metal department and had seen

Visible Translated Text Is As Follows: whom was a girl named Maggie Griffin, who was very enthusiastic about going on the stand herself and testifying against the defendants; that the said Maggie Griffin coached Dewey Howell and told her how to testify and what to say; that Dewey Howell went on the stand; that, before she went on the stand to testify, Solicitor General Dorsey came into the room where the said girls were confined and gave them all a lecture and told them that, when they went on the stand, to go right ahead and tell everything they knew

Visible Translated Text Is As Follows: unknown to the defendant and his counsel until after the motion for new trial had been heard and passed on.7. Defendant further shows that he should be granted a new trial upon the newly discovered evidence of Mrs. Ethel Harris Miller and Wm. Lefkoff, which has come to the knowledge of the defendant and of his counsel since the original motion for new trial was heard and passed on, and which is as follows: that the said Mrs. Miller is acquainted with the defendant, but the said Lefkoff is not acquainted with him; that,

Visible Translated Text Is As Follows: testify at the trial of Leo M. Frank, but that she never was subpoenaed, the reason whereof she does not understand.Defendant further shows that it has come to the knowledge of this defendant since the motion for new trial was denied that, on April 26th, 1913, between two thirty (2:30) and three (3) o'clock, P. M., on Whitehall street that the fact that said Solicitor General Dorsey had seen said Frank at about the time just stated, is the reason that he attempted to discredit the statement made to him by Mrs. J. B.

Visible Translated Text Is As Follows: street; and that, when she got in front of the National PencilCompany's factory on Forsyth Street, she heard a girl orwoman screaming and crying, saying "please don't", and then sheheard the voice shut off suddenly, with no noise or sound muchlike one holding their hand over the mouth of another person;that, when she heard the cry, she stopped and listened, and saysthe sound of voice in distress apparently came from the basementof the National Pencil Company's building; that she knows thatthe sound came from the basement of the pencil company buildingbecause there is a

Visible Translated Text Is As Follows: I have not heard Miss Lucille say whether she believed it or notI don't know why Mrs. Frank did not come to see her husband butit was a pretty good while before she would go to see him--maybetwo weeks. She would tell me wasn't so bad that he was lockedup. She would say "Minola, I don't know what I'm going to do."The defendant shows that this affidavit of Minola McKnightwas denied by her upon the stand during the trial and evidencesof her husband Albert McKnight was claimed by the Solicitor tosupport this affidavit of

Visible Translated Text Is As Follows: order to collect the reward, it was necessary for him to go right ahead and do what he (Craven) told him to do, and the said Albert McKnight admits that he was weak enough to follow said Craven's instructions and do what he was told by him.Defendant further shows that, on the trial, the defendant claimed an alibi and, as a part of his claim, introduced evidence showing that he left the pencil factory about one o'clock on April 26th, took a street car to his home, where he arrived about one twenty (1:20)

Visible Translated Text Is As Follows: Craven and witnessed by E. H. Pickett and Angus Morrison, Jr., both of whom are white men also in the employ of the Beck & Gregg Hardware Company and these witnesses told McKnight that he would be obliged to stick to the story prepared for him by Craven, as they had witness same, and that, in the event he undertook to deny said story, they would send him to the chain gang, and explained to him that the word of three white men would be taken in preference to that of any negro; that

Visible Translated Text Is As Follows: argument to the jury he alluded to it as a oiroumstanoe againsFrank. The Solioitor General likewise alluded to the finding ofthis hair in his brief before the Supreme Court of Georgia.Defendant further shows that it was one of the strong conten-tions of the state that Mary Phagan was inveigled by Frankinto the metal room on the second floor of the factory and hehad there murdered her. The negro Conley in his testimony statedthat he found Mary Phagan in the metal room, dead, and thatFrank engaged him to oonoesl her in the basement of the

Visible Translated Text Is As Follows: The defendant further submits that the discovery of the foregoing facts is material and that it is such an extraordinary state of facts as would probably produce a different result on another trial, and that said facts were unknown to the defendant and his counsel, and it was impossible to have ascertained the same by the exercise of proper diligence-the said Cora Falta not being a witness on said trial, and the fact that she was in possession of these state of facts herein set forth being unknown to the defendant and his counsel

Visible Translated Text Is As Follows: lathe looked like Mary Phagan's hair, that on Monday April 28th Magnolia called Cora Falta's attention to said hair, which was alleged to have been found by Barrett on the lathe, and the said Cora Falta states positively that the hair on said lathe was not the hair of Mary Phagan, and that the same was entirely too light in color and was not of the same texture as that of Mary Phagan's.Defendant further shows that one of the main facts relied on by the state to corroborate the witness James Conley, was the

Visible Translated Text Is As Follows: foregoing facts is material, and that it is such an extraordinarystate of facts as would probably produce a different result onanother trial, and that the said facts were unknown to him andhis counsel, having been concealed by the Solicitor and theSolicitor-General, and the same have only come to the knowledgeof this defendant and his counsel since the motion for new trialwas heard and passed upon, and could not have been sooner dis-covered by the exercise of proper diligence.3. The defendant further shows that he should be granted a newtrial upon the newly discovered evidence

Visible Translated Text Is As Follows: or at the time the motion for new trial was heard, that Harris had any such examination or had made any such report, or that the Solioitor General had stated to Harris that he would let the investigation as to the hair end there.Notwithstanding the foregoing facts, this defendant shows that upon the trial of the case, as appears from the record, reference to which is hereby had, one of the chief facts relied on by the state to corroborate the witness James Conley was the alleged finding of said hair by the witness

Visible Translated Text Is As Follows: the hair so taken from the body of Mary Phagan and the hair soclaimed to have been found by the witness Barrett, and, as aresult of said microsocopic examination, said Harris discoveredthat the hair bore no resemblance to the hair taken fromthe body of Mary Phagan, either in color, texture, shape, or otherparticular. Defendant further shows that it has come to hisknowledge since the original motion for new trial was denied,and is a fact, that the said Harris, before the original trial,reported said finding of fact to the Solicitor-General and toldthe Solicitor-General that the

Visible Translated Text Is As Follows: (EXTRAORDINARY MOTION FOR NEW TRIALState of Georgia,Vs.Leo M. Frank.(1) Convicted of Murder, at July(2) Term 1913, of Fulton Superior(3) Court. Affirmance of judgment by(4) Supreme Court; entry of remittitur(5) at March Term 1914, of Fulton(6) Superior Court.TO THE SUPERIOR COURT OF FULTON COUNTY:Now comes the defendant, Leo M. Frank, and makes this, his extraordinary motion for new trial, and respectfully shows, as his reason, why this motion was not previously made, that the grounds hereof were not known by this defendant, or any of his counsel, to exist at the time of said trial,

Visible Translated Text Is As Follows: W. W. Rogers,Harry Scott,B. B. Haslett,Grace Hicks,E. F. Holloway,N. V. Darley,A. L. Parry,J. M. Gantt,William A. Gheesling.Copy Bill of Indictment and list of witnesses beforeGrandjury, waived before arraignment. Full panel waived.Rosser and Brandon,R. R. Arnold,Herbert Haas,Della GuiltyJuly Term, 1913.The defendant, Leo M. Frank, waives being formally arraignedand pleads not guilty.F. A. Hooper,E. A. Stephens,Hugh M. Dorsey, Sol.-Gen.Rosser and Brandon,R. R. Arnold,Herbert Haas, Deft.'s Att'ys.(VERDICT.)We, the Jury, find the defendant guilty.Date August, 25 th., 1913.F. E. Winburn, Foreman.2

Visible Translated Text Is As Follows: STATE OF GEORGIA, FULTON COUNTY, BILL OF INDICTMENT.The Grand Jurors selected, chosen and sworn for the County ofFulton, to wit:1.- J. H. Beek, Foreman,2.- A. D. Adair, Sr.,3.- F. F. H. Akers,4.- B. F. Bell,5.- J. G. Bell,6.- Sol Benjamin,7.- Wm. E. Besser,8.- C. M. Brown,9.- C. A. Cowles,10.- Walker Danson,11.- Geo. A. Gershon,12.- B. C. Glass,13.- A. L. Guthman,14.- Chas. Heinz,15.- H. G. Hubbard,16.- R. R. Nash,17.- W. L. Percy,18.- R. A. Redding,19.- R. P. Sams,20.- John D. Wing,21.- Albert Boylston,22.-23.-In the name and behalf of the citizens of Georgia charge and accuseLeo

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Visible Translated Text Is As Follows: (j) On the 28th of May, Conley made a long affidavit, full of contradictions and absurdities, beginning it as follows:"I make this statement, my second statement in regard to the murder of Mary Phagan at the National Pencil Company factory. In my first statement, I made the statement that I went to the pencil factory on Friday, April 25th, and went in Frank's office at five minutes to one, which is a mistake. I made this statement in regard to Friday in order that I might not be accused of knowing anything of this

Visible Translated Text Is As Follows: What chance has he to abstract a lie or add a truth to the foolish statement which Lanford approves and wishes to maintain? If this man will, when he is holding this negro under your honor's order, declare such ownership over this negro's person and move into what legnth would he go if the court releases its power over him and turns him over to Lanford's unrestricted power?6. It is just to Frank, as well as in the interest of public justice, that this negro should be detained by unbiased, fair men, whose reputations

Visible Translated Text Is As Follows: 3153. We are constrained to the conclusion that it is not the purpose for any reason to release this negro, but, by obtaining the order here sought, continue the present, illegal confinement.4. But Frank is himself deeply interested in this proceeding. That the consent of the Solicitor and the will of the negro is all that is required to reverse the will of the law, is erroneous. The State has the right in the interest of justice to put a witness in custody, but where in custody and in whose custody is of the

Visible Translated Text Is As Follows: 314by Respondent and in the judgment of the representatives of the State there was necessity for the same.Wherefore this Respondent agrees, to the passage of an order revoking former orders in this case; and waives his presence at the Court, upon a hearing of same.(Signed) Wm. M. Smith,Attorney for James Conley.Georgia, Fulton County.Personally appeared before me, the undersigned attesting officer, James Conley, who after being duly sworn deposes and swears that the facts set out in the above and foregoing response so far as they come within his own knowledge are true and where

Visible Translated Text Is As Follows: 313night, and are in close touch with many of these "trusty turnkeys," and "trusty attaches" of the jail; that while a prisoner at the County Prison before his transfer to the City Prison, a goodly number of persons were admitted to the cell block to talk with Respondent, whose presence there were requested or desired; that among these 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

Visible Translated Text Is As Follows: 3128. Respondent is advised and believes that the Counsel for the Defendant in this case has been within the last few days studying the law very thoroughly bearing on the question of holding the Respondent as a material witness in behalf of the State, at any other place than the County Prison, and also immediately finds move on foot to have Respondent returned to the County prison, and this Respondent is advised by his Counsel that it is the belief of his Counsel that the idea of transfer back to the County Prison has

Visible Translated Text Is As Follows: 311in the prison of Fulton County, also under order of this Court, the cause of said commitment by this Court of respondent, being the conviction that Respondent is a material witness in the above case, in behalf of the State, and it is desired to insure the presence of Respondent at the trial of the above case.2. Respondent admits that he is now at the City police prison at his own request and instance, and through the advice and counsel of his attorney.3. Respondent shows to the court that the City police prison is

Visible Translated Text Is As Follows: 310wise, may show cause before me, Friday, the 13th day of June, at 10 o'clock A. M., at my chambers in Thrower Building, Atlanta, Ga., notice to be served by the sheriff or one of his deputies by leaving copy of this petition and order, at once.June 11, 1913.(Signed) L. S. Roan.Service acknowledged and further service waived. The confinement of said James Connally in the Police station was at my request and at the request of my client James Connally and I agree for said Connally to remain in custody of the police authorities

Visible Translated Text Is As Follows: 309livered back by said Chief of Police, the attorney for James Connally con-senting and not objecting to this order, and being present.This May 31, 1913.(Signed) L. S. Roan,Judge S. C. Stone Mountain Circuit,Presiding.This is consented to by me(Signed) William M. SmithAttorney for James Connally.Georgia, Fulton County.To Hon. L. S. Roan, Judge of the Stone Mountain Circuit,Presiding in the Superior Court, Criminal Division:—The petition of Hugh M. Dorsey, Solicitor General of theAtlanta Circuit, respectfully shows:—1.On May 29, 1913, this court, on petition of the above named Solicitor Gen-eral,—representing that James Connally was a material witness

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 93.Testimony of Policeman Anderson before Coroner's Inquest, as follows:"The watchman told me where he was standing. He came out of the closet to fasten or button up his pants, and had his lantern sitting down right in front of him, where he had left it when he went into the closet. While he was standing up there he saw that woman. He saw it from the closet, about twenty-five feet, to where the object was. I could not see that far with the lantern that he had. - With the lantern that

Visible Translated Text Is As Follows: 306towards the door of the office adjoining Mr. Frank's office, which door leads into the factory. Miss Phagan turned to Mr. Frank and asked him if the metal had arrived yet, to which Mr. Frank replied no, and the girl then went on away out of the factory, as far as Mr. Frank knows, as he did not see anything of her during the afternoon. About 12 o'clock, noon, Mrs. J. A. White entered the factory and went to the top floor where her husband, J. A. White was working, and at 12:45 p.

Visible Translated Text Is As Follows: 305hour, that he could go out on the street and enjoy himself for a few hours, and return about six o'clock. Frank stayed in the building from four to six and Newt Lee returned at 6 o'clock, went on duty and left the building at about 6.15. On his way out he saw Newt Lee sitting on a packing box outside the door of the factory talking to a man by the name of Gantt. Lee told Frank what Gantt was staying there for, and after considering allowed Gantt to come upstairs for a

Visible Translated Text Is As Follows: there and see if I can find them,' then he drops his head and looked right at me. Then Mr. Frank says, 'Newt, you carry him up there, go with him around and stay with him while he is up there,' and we went in and went on up there and found the shoes like he says and I asked me for some paper to wrap them up and I gave him some paper, and then I got him some twine. . . .'I don't know when I ever seen him change that (time

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 81.Picture showing elevator wheel at the top of the fourth floor.DEFENDANT'S EXHIBITS 82, 83, 84.Pictures showing view of the metal room on the second floor. Pictures show doors of the metal room to be partly made of transparent glass.DEFENDANT'S EXHIBITS 85 AND 86.Pictures of the metal room closet with the door open and closed.DEFENDANT'S EXHIBIT 87.Blue print from which the model of the factory (Defendant's Exhibit 13) was made.DEFENDANT'S EXHIBIT 38a, b, c, d, e.Five jars containing contents of stomach taken from different parties who had eaten cabbage and bread.DEFENDANT'S EXHIBIT 39.Extract

Visible Translated Text Is As Follows: 302"DEFENDANT'S EXHIBIT 71.Picture showing passage way leading to the back door in the basement of the factory. Picture shows boxes piled up on each side of the passage way to the height of the ceiling.DEFENDANT'S EXHIBIT 72.Picture showing entrance to the factory from the street. Shows the partition on the right immediately entering the factory, behind which is the elevator. The steps leading to the second floor of the factory are shown in the background.DEFENDANT'S EXHIBIT 73.Picture showing elevator shaft and trap door on the ground floor of the factory. Shows steps leading to

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 62.Picture of the Selig home taken from the outside of the back door of the kitchen. It shows the entire kitchen and also the door leading into the dining room. It shows nothing else in the dining room.DEFENDANT'S EXHIBIT 63.Picture of Selig home taken standing directly inside the back door of kitchen. Shows practically same view as last picture but shows no view at all of the dining room.DEFENDANT'S EXHIBIT 64.Picture of the safe with open door standing in outer office of the National Pencil Company.DEFENDANT'S EXHIBIT 65.Picture of the outer office

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Visible Translated Text Is As Follows: 206DEFENDANT'S EXHIBIT 49.Brown suit of clothes worn by Leo M. Frank on April 26, 1913. Consists of coat, pants, and vest. Suit does not appear to be new, but is clean and unspotted.DEFENDANT'S EXHIBIT 50.Bank book showing account of Leo M. Frank with Atlanta National Bank. Shows balance on April 1, 1913, of $111.13, and a deposit of $15 on April 18. It further shows that the sum of $109.56 had been drawn out on checks (Defendant's Exhibit 51), leaving a balance to the credit of depositor of $16.28.DEFENDANT'S EXHIBIT 51.Twelve cancelled checks drawn

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 45.Weekly report sent by Leo M. Frank to Oscar Pappenheimer and receivedby the latter on April 28, 1913, said report being in the handwriting of Frank.FINANCIAL.Week ending April 24, 1913.Production: Net 2719½ Gr.Good 700 Gr.Medium 629½ Gr.Cheap 599 Gr.Jobs 791 Gr.701 %Net Value Prod'n $3066.31Total Expenditures 3175.75Result—Deficit— 109.44Shipments $5438.784374 gr.Orders received $3920.31 Value1904 GrossO. K. FDEFENDANT'S EXHIBIT 46.Weekly financial reports of the business of the National Pencil Companysent by Leo M. Frank to Oscar Pappenheimer for each week beginning January18, 1912, and ending with the week ending April 24, 1913, each of

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 43.Weekly report forwarded to Moses Frank by Leo M. Frank, enclosed in Leo M. Frank's letter to Moses Frank, as set forth in exhibit "42," said report being in Frank's handwriting, same being folded to same size as envelope set forth as Exhibit 44.FINANCIALWeek ending April 24, 1913.Production - Net 2719/4Good 700 Gr.Medium 690/4 Gr.Cheap 599 Gr.Jobs 791 Gr.29%Net Value Prod'n $3066.31Total Expenditures 3175.75Result--Deficit 109.44Shipments$5438.784374 gr.Orders received#9290.21 Value1904 GrossO. K. F

Visible Translated Text Is As Follows: 204DEFENDANT'S EXHIBIT 42.Letter written by Leo M. Frank to Mr. Moas Frank. The letter was not typewritten but was in long hand and folded to a size to fit ordinary size envelope, and was as follows:Atlanta, Ga., April 26, 1913.Dear Uncle:I trust that this finds you and dear Tante well after arriving safely in New York. I hope that you found all the dear ones well in Brooklyn and I await a letter from you telling me how you find things there. Lucile and I are well.It is too short a time since you

Visible Translated Text Is As Follows: 298DEFENDANT'S EXHIBIT G.Oash book items made out by Frank to balance oash book.Kerosene .15 .15Type .75 .75Dray 2.00 1.70 1.00 -2.00 6.70 6.70Cases 2.50 1.25 3.50 1.75 1.50 10.50 10.50Express .35 & .75 1.10Postage .50 & .50 1.00Parcel post .03 & .13 .16Rent typewriter 2 wks 2.00Supplies .45-Soh. .45King Hdw. Co. .85 .85Tinsmith 11.50 11.50Thread .05 .05Carfare .10 .10Herbert Wright 4.00 4.00 39.81 39.81 39.85 30.00 69.85 30.31 30.54Cash box-$4.34 short O. K. F. 3/26/13

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 40.Cash book of the National Pencil Company, page 197 of which contains the following entries, in Frank's handwriting:Page 196Cash.1913To balance4/22 To check4/2439.8515.0015.0069.85Page 197Cash.Dr. 191339.85 By kerosene15.00 " type15.00 " dray" cases" express" postage" parcel post" 2 Wks rent typewriter" supplies, Scheegass" King Hdw. Co." tinsmith" overall" Herbert WrightCr..15.756.7010.501.101.00.162.00.45.8511.50.05.104.00Omitted from payrollBalance to fund39.8130.5469.85

Visible Translated Text Is As Follows: box and taken out a cigarette and he handed me a box of matches and I handed him the matches back, and I handed him the cigarette, and he told me that was all right, I could keep that, and I told him I had some money in it and he told me that was all right, I could keep that, and Mr. Frank then asked me to write a few lines on that paper, a white scratch pad he had there, and he told me what to put on there, and I asked

Visible Translated Text Is As Follows: morning I come to work and got caught up by 10 o'clock, and I went down stairs and the fireman and another colored fellow was down there and I asked the fireman where it was that they say the young lady got killed at, and he told me right around there, and I took a little piece of paper and went around there to see if I could see, but I couldn't see where anybody had been laying at, and I come on back and found he was throwing some stuff into the furnace,

Visible Translated Text Is As Follows: I stayed until about half past eight that night, and I got up and set in front of the fire a little while and got to swimming around, and then here comes her sister, and after she left I went to bed and didn't leave home no more until twelve o'clock Sunday, in the day time, and I walked up Mitchell Street and stayed up there until after quarter to one, and I come on back home. I was feeling bad, and I layed down across the bed and stayed there until 6 o'clock

Visible Translated Text Is As Follows: and when Mr. Frank said that I said "Don't take me another dollar for that watchman," and he said "All right, I won't," and I said, "I don't see why you want to buy a watch, because that big fat wife of mine wanted me to buy her an automobile but I won't do it." I didn't say nothing about that for it didn't concern me, and didn't seem to concern the subject he was talking about at first, and then Mr. Frank told me when he wrote that letter he would not forget

Visible Translated Text Is As Follows: behind them, to see that they didn't take off anything. Then after awhile Mr. Frank he come into the office and he pulled out one of those round chairs from under the desk. The first thing, he let me pull one of the wardrobe and I said, "I got too hot in there," and he said "you see how you are sweating." When he opened the door I was fixing to step out, and his eyes were looking larger than they usually look, and he jerked the door open and I was right there,

Visible Translated Text Is As Follows: don't think it looked like it might have come from that plate glass company on Alabama Street. Then Mr. Holloway went back upstairs and it wasn't long before Mr. Holloway come back down and asked for good. I don't know how long, but I guess he stayed upstairs alone, to put on his coat and hat. I saw Mr. Holloway turn up his right towards Hunter Street, then there comes another lady into the factory, and she had on a green looking dress, she works on the fourth floor, and she walked with her

Visible Translated Text Is As Follows: back there shooting dice, five with me, one was named Joe Bobs, and one was named Bob Williams, and I won 90 cents. I don't know how long we were shooting for we were shooting on the sly unbeknownst to the bar tender. I guess we were shooting about ten minutes and then I come to the bar and bought a glass of beer there at the Butts Saloon, and then I went to Early's beer saloon on Peters St. and bought a glass of beer there and then I walked back to the

Visible Translated Text Is As Follows: 283head over to me and whispered to me to be a good boy and that was all hesaid to me.(Signed) JAMES CONLEY.Sworn to and subscribed before me this 24th day of May, 1913.(Signed) G. C. FEBRUARY,(Seal) Notary Public, Fulton County, Georgia.DEFENDANT'S EXHIBIT 38Statement of Jim Conley, May 28, 1913.STATE OF GEORGIA,COUNTY OF FULTON.Personally appeared before me, a Notary Public, in and for the aboveState and County, James Conley, who being duly sworn, on oath says:I make this statement, my second statement, in regard to the murder ofMary Phagan at the National Pencil Factory. In

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 37.Statement of James Conley of May 24, 1913.STATE OF GEORGIA,COUNTY OF FULTON.Personally appeared before me, the undersigned, a Notary Public, in and for the above State and County, James Conley, who being sworn on oath says:On Friday evening before the holiday, about four minutes to one o'clock, Mr. Frank come up the aisle and asked me to come to his office. That was the aisle on the fourth floor where I was working, and when I went down to the office he asked me could I write and I told him yes

Visible Translated Text Is As Follows: 281DEFENDANT'S EXHIBIT 36.Statement of James Conley Made to John R. Black and H. Scott at PoliceBarracks, Atlanta, Ga., Sunday, May 18, 1913.My full name is James Conley. I reside 172 Rhodes Street with LorineJones, who claims to be from Marietta, Ga. This woman is not my wife, andI have been living with her a little over two years. I have been having in-tercourse with Lorine Jones. I have been employed as a elevator man androustabout at the National Pencil Co. factory in Atlanta for the past twoyears. Before going to the pencil factory, I

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 34.Requisition sheet in handwriting of Leo M. Frank, as follows:House No. 7196Date April 28, 1913 191Salesman Jno Lawrie & SonsBill to Order No. 134NATIONAL PENCIL CO., MANUFACTURERS, ATLANTA, GA.Ship to John Magnus Co. At 1055 W. 35th St.Ship When at onceRemarks Chicago, Ill.Stock No. Amount Name or Remarks April 28, 1913155x 25 0.K. H65Careful selection of goodsCompleteDateCompleteShipmentApril 28, 1913Shipped CompleteApril 28-19132698279

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 35.Requisition sheet in handwriting of Leo M. Frank, as follows:House No.7197Date Apr. 26,1913Salesman H.G.Bill toOrder No. 4/24/13NATIONAL PENCIL CO.MANUFACTURERSAtlanta,Ship to R.E.Kindell & Co. A.M. 312 Plum St.Ship When At once Cincinnati,Remarks:Sold No. Amount160x Sp.50 F.O. 154 Name of Brands 5771/2OhioNo-stamp HoldCANCELLED6/17/13278

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 33.Requisition sheet in handwriting of Leo M. Frank, as follows:House No.7195Date April 26, 1913 101SalesmanBill toOrder No. 4/26/13NATIONAL PENCIL CO., Atlanta, Ga.Montag Bros. MANUFACTURERSShip toAt onceShip WhenAtRemarks:Sale No. Amount Blks. sub. 35 gro.Pts. May 26, 1913135x 50 501900 10 added 4/29 81920 10 Transferred 51540 10 101910 10 1040x 50 added 5/6/13 50420x 2 2420x 10 5/26/13 10O.K.HGSOKHGSFWLIEMay 6, 1913May 26, 1913

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 32.Requisition sheet in handwriting of Leo. M. Frank, as follows:House No. 7194Date Apr. 26, 1913 191Salesman H.Q.Bill to Gen. No. 4/25/13NATIONAL PENCIL CO.MANUFACTURERSShip to Bustell Bros. Co. 819-859 Clay Str.Ship When at once Dubuque, IowaRemarks:Sales No. Amount Name or Remarks May 6,1913480 5210 556 2520 2030 25OKHGS Complete(Shipping ClerkInclude all B'O's with this)Date CompleteShipment May 6,1913SHIPPED COMPLETEMay 6-19132733276

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 31.Requisition sheet in handwriting of Leo M. Frank, as follows:House No. 7193Salesman } MailBill toDate April 26, 1913-191Order No. C4355NATIONAL PENCIL CO. ATLANTA, GA.MANUFACTURERSShip to Soo 5 & 10c Store At. Sault Ste.Marie,Ship When August 1st Mich.Remarks:Sales No. Amount10 1035-37 5 Asstd45 5910 5640 51002 21003 2Best Route to Chicagothen by water2716

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 30.Requisition sheet in handwriting of Leo M. Frank, as follows:House No. 7192 Date Apr. 26, 1913 191Salesman D.P. Order No. 4/24/13Bill toNATIONAL PENCIL CO., ATLANTA, GA.MANUFACTURERSShip to F.W.W.Co. #262 4 Saratoga Springs,Ship When at once N.Y.Remarks: o/o D. & H. Ry. 416-18 Broadway14726Sales No. Amount Name or Remarks10 520 5 30 Sub Ptg.37 135 145 1120 1140 1155 1770 1 #3680 1630 1920 1 930 Sub.910 1950 1430 1220 1 #3220 1 #4640 11602 1/21005 1280 1/2 #2280 1/2 #3480 1/2440 1/2720 1/2 W P OK OSSHIPPED-COMPLETE HGS CompleteAPR.-29-19132699274

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 20.Requisition sheet in handwriting of Leo. M. Frank, as follows:House No.7191Salesman_Bill to_ D.P.Date_April 26, 1913_ 191Order No. 4/24/13NATIONAL PENCIL CO., ATLANTA, GA.MANUFACTURERSShip to_F.W.W.Co. #25Ship When_c/o Penna RyRemarks:_At once_Sales No. Amount Name or Remarks April 29, 191310 5 535 5770 2 #3 2450 5 5640 2 2240 2 2902 1280 1 1/2 #2 1 1/2280 1/2 #3 1/2280 1/2 #4 1/2440 1 1440 1 #3 1720 1 W P 1O.K.HGSOSCompleteDate_April 29, 1913Complete ShipmentShipped-CompleteApril 29, 1913278

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 28.Requisition sheet in handwriting of Leo M. Frank, as follows:House No. 7190 Date Apr. 26, 1913 191Salesman D.P. Order No. 4/26/13Bill toNATIONAL PENCIL CO., ATLANTA,MANUFACTURERS At 347 E. Main St.F.W.W.Co. #585 Dekalb, Ill.Ship to at onceRemarks:Sales No. Amount Name Remarks APRIL 26, 191310 4 30 SUB PTC. 420 2 237 2 235 2 245 2 2120 2 2OK HGS CompleteDateCompleteShipmentApr. 26, 1913SHIPPED COMPLETEApr. 26, 19132704272

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 27.Requisition sheet in handwriting of Leo. M. Frank, as follows:House No.7189DateApril 11, 1913101SalesmanJ.D.P.Order No.4/22/13Bill toNATIONAL PENCIL CO.,MANUFACTURERSAtlanta, Ga.Ship toF.W.W.CO.#25AtLogansportShip WhenAt onceRemarksc/o Penna RyDateApril 28, 1913Sales No. Amount Name or Remarks37 135 120 2 30 Sub.Pls.45 1140 1155 1860 1630 1910 11002 11003 1430 1 1/2240 1/2O.K.HGSShipped CompleteDateCompleteShipmentApril 28, 1913Shipped CompleteApril 25, 19132703274

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 25.Requisition sheet in handwriting of Leo. M. Frank, as follows:House No. 7187Salesman D.P.Date April 11, 26 1913Bill to 1/24/13NATIONAL PENCIL CO.MANUFACTURERSAtlanta, Ga.Ship to F.W.W.Co. No. 57Ship When at onceAddress 617 Felix St.Remarks St. Joseph, Mo.Sales No. Amount Name or Remarks April 11, 28, 191345x 4 #4 4220x 1/2 #4 1/2280x 1/2 #4 1/2440x 1/2 #5 1/2720x 1/2 #5 1/2630x 1/2 W.F. 1/2910 1/2 1/2902 1/2 1/2430 1/2 1/2240 1/2 1/2O.K. CompleteHGSDateComplete April 28, 1913ShipmentShipped CompleteApril 28, 19132700

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Visible Translated Text Is As Follows: DEFENDANT'S EXHIBITS 14 TO 24, INCLUSIVE.Eleven original orders addressed to the National Pencil Co., Atlanta, Ga.,signed by the following firms:F. W. Woolworth Co., Store No. 57, St. Joseph, Mo.F. W. Woolworth Co., Store No. 63, Terre Haute, Ind.F. W. Woolworth Co., Store No. 253, Logansport, Ind.F. W. Woolworth Co., Store No. 585, Decatur, Ill.F. W. Woolworth Co., Store No. 25, Wilkesbarre, Pa.F. W. Woolworth Co., Store No. 262, Saratoga Springs, N. Y.Soo 5 and 10 Cent Store, Sault Ste. Marie, Mich.Beuttell Bros. Co., Dubuque, Iowa.Montag Bros., Atlanta, Ga.John Magnus Co., Chicago, Ill.R. E. Kindell

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Visible Translated Text Is As Follows: Page 56 of House Order Book of National Pencil CompanySalesman Ship to Kind Order No. City-State Date Rec'd How ship Shipped7187—D. P. F. W. W. Co. No. 57 Regular 4/24/13 St. Joe, Mo. 4/26/13 At once 4/28/137188—D. P. F. W. W. Co. No. 68 Regular 4/23/13 Terre Haute, Ind. 4/26/13 At once 4/28/137189—D. P. F. W. W. Co. No. 25 Regular 4/22/13 Logansport, Ind. 4/26/13 At once 4/28/137190—D. P. F. W. W. Co. No. 585 Regular 4/22/13 DeKalb, Ill. 4/26/13 At once 4/28/137191—D. P. F. W. W. Co. No. 25 Regular 4/24/13 Wilkesbarre, Pa.

Visible Translated Text Is As Follows: 264DEFENDANT'S EXHIBIT 9.A large book containing all of the financial sheets of the National Pencil Company, beginning with the week ending November 25, 1909, and ending with the week ending April 24, 1913. Each of these sheets purport to cover the financial operations of the National Pencil Company for the respective week named thereon, and in form is identical with the sheet of April 24, 1913, set forth herein as "Defendant's Exhibit 2."DEFENDANT'S EXHIBIT 10.A small receipt book containing the following receipts:April 19, 1913. Received of National Pencil Co. 15 cents—kerosene. (Signed) Nute Lee,

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 6--(Continued).137.701.0423.9529.4529.1828.80260.0020.0023.0418.4914.1830.0027.705.13204.32644.40145.0063.6326.0027.7513.48119.29DEFENDANT'S EXHIBIT 8.Eight carbon copies of eight letters, all dated April 26, 1913, and ad-dressed to:Schroder & Lombard Engraving Co., 18 Franklin St., N. Y.Henry Diston & Sons, Philadelphia, Pa.J. G. McCrory Co., 621 Broadway, N. Y.Southern Bargain House, Richmond, Va.American Zylacq Co., Inc., 8 Livingston St., Newark, N. J.A. J. Sossner, 154 Duane St., N. Y.The Pullman Co., Chicago, Ill.Schroder & Lombard, 18 Franklin St., N. Y.and signed "National Pencil Company, by .......... Supt." Oneach letter are the initials "LMF" "HH."Each letter acknowledges receipt of letter received from the firm ad-dressed

Visible Translated Text Is As Follows: 262DEFENDANT'S EXHIBIT 6.Value of shipments for week ending April 26, being part of data forfinancial sheet.11.3538.3727.0023.4040.00124.8016th 14.2038.9223.3917.6014.6627.0010.908.90107.5014.8614.9219th 73.0443.3021.25185.1051.6369.9524.3419.3929.3317.8421st 15.0775.9913.70740.5533.2612.3812.0016.6710.0022nd 18.70138.301287.28Shipments Week Ending 4/24/13Apr. 18 400.75" 19 432.00" 21 1146.06" 22 1457.95" 23 706.58" 24 1245.575438.78

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 5--(Continued)WEEK ENDING 4/10/13.60 cts. R. L. 100 150 200 300thru thru thru and140 195 295 overFriday 4 33 162 230 572 58 511½Saturday 5 31 19 83½ 12 47 16Monday 7 106 101 188 118 154½ 86Tuesday 8 10 30 48 10 67 74Wednesday 9 5 2 8 4 2Thursday 10 15 156 232 28 90 67½Total gross 200 468 789½ 806 325½ 286½Price per gross .60 1.25 1.75 2.50 3.00Total value 120.00 574.40 1,381.63 2,015.00 976.50 859.50$4,428.27 2774½ 1.60 av.WEEK ENDING 4/17/13.60 cts. R. L. 100 150 200 300thru thru thru

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 4d.Report of tip deliveries from tip plant, being part of data, for financialsheet.Weekly report of Metal Dept., No. 18, April 24, 1913.Large Eyelet Mach. 404 Tips delivered—Small Eyelet Mach. 440 No. 9 830Trimming Mach. 644 No. 10 448Knurling Mach. 835 No. 12—Re-dipped 35No. 17 641,377(Signed) L. A. QUINN.DEFENDANT'S EXHIBIT 5.Average (of orders) sheet, being a complete record (beginning with theweek ending Jan. 16, 1913) of the number of orders received each week, classi-fied as to price under different headings, said number being totaled at the endof each week and the average price

Visible Translated Text Is As Follows: 269DEFENDANT'S EXHIBIT 46--(Cont'd)NATIONAL PENCIL CO. NATIONAL PENCIL CO.Atlanta, Ga. Atlanta, Ga.Daily Report Daily ReportDept. Job. Dept. No. 22 Dept. Job. Dept. No. 22 Dept. No. 3111 Pol see 49 90 Pol see74 " " 28 114 " "090 " " 13 095 " 3/4506 " " 11 473/8 " 3/8 97 5175 " see 10 21670 " " 22 267504 " " 16Date 4/24/13 Signed FANNIE A 216 Date 4/26/13 Signed FANNIE ADEFENDANT'S EXHIBIT 46.Daily report of lead deliveries from lead plant; part of data for financial sheet.1 Box 3992 910/No. 2 127 Gross2

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 4a--(Don't d)NATIONAL PENCIL CO.Atlanta, Ga.Daily Report.Thursday.Dept. Packing90-210 Cadillac No. 2 6½91-210 Cadillac No. 3 2116-210 Bowers Prog 15½271-960 Genius 71274-470 Thoroughbred 43No. 15 Ass't Princely Cards 1534-45 Trumps 153Ass't No. 48 S. Bargain Hse Sp 50Ass't No. 53 Southwestern 50No. 115 50186Date 4/24/13 Signed EULANATIONAL PENCIL CO.Atlanta, Ga.Daily Report.Thursday.Dept. Packing90-210 G. Wash. 3498-40 J. Monroe 20R. I.Med. 54Good 136343Date 4/24/13 Signed EULADEFENDANT'S EXHIBIT 4b.Job department reports, being part of data for financial sheet.NATIONAL PENCIL CO.Atlanta, Ga.Daily Report.Dept. Job504 Pol sec 58090 "" "" 20506 "" "" 103½ "" 3's 1290 "" sec

Visible Translated Text Is As Follows: 257DEFENDANT'S EXHIBIT 4a--(Continued).NATIONAL PENCIL CO.Atlanta, Ga.Daily Report. Friday.Dept. Packing Dept. No. 13725 N. Copying 1/291-210 Cadillac No. 3 3587-510 Packard No. 3 2199-210 Nat. Emblem 601/262-660 University School 521/2117-450 Luxury No. 2 N. T. 1326-210 Khedive No. 2 21/2No. 1920 Ass't Nat. Flyer 21/21661/2Date 4/18/13 Signed BULANATIONAL PENCIL CO.Atlanta, Ga.Daily Report. Saturday.Dept. Packing Dept. No. 13271-950 Genius 9%91-210 Cadillac No. 3 31/2109-910 N. Emblem 3116-210 Bowers Prog No. 2 6760 Thesis Writing No. 2 1Good 23264-55 Oxford 66378-155 Mystic 991/21651/2939-20 G. Wash. 69315-10 P. Cedar 53Good 233101/2Date 4/19/13 Signed BULANATIONAL PENCIL CO.Atlanta, Ga.Daily Report.

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT da--(64-v)NATIONAL PENCIL CO.Atlanta, Ga.Daily Report.WednesdayDept. Packing Dept. No. 1886-610 Packerd No. 2 5274-T.O. Bell Lee Drug Co. 8199-910 N. Emblem 24271-950 Genius 2590-910 Cadillac No. 2 31½T1-630 Worth 2752 28½ 122Date 4/28/13 Signed EGULANATIONAL PENCIL CO.Atlanta, Ga.Daily Report.WednesdayDept. Packing Dept. No. 13264-65 Oxford 98½120 Broadway 534-11 Trumps 16No. 110 Asst Smith Paper 25 144939-20 G. Wash 78698-40 J. Monroe 3 81 144 122 347Date 4/28/13 Signed EULADEFENDANT'S EXHIBIT daa.Repack—Apr. 25, 1913—Repack from Apr. 17, to Apr. 2418 gross 22.50 -36x18 gross 22.50 -37x10 gross 25.00 -990x O. K. (Signed) EULA46 70.00

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 2Financial sheet of April 26, 1913, made out by Leo M. Frank.FINANCIAL REPORTNATIONAL PENCIL COMPANYATLANTA, GA.Week Ending April 26, 1913Compiled by L. M. F.EXPENDITURESEXPENSELaborDirect 897.65 27%Indirect 45.00 1.052.55Borden*Rent 165Light-Heat-Power-Water 82.00Insurance 7.00Sales Department 530.65REPAIR SUPPLIESMach. Slugs 152.0070.001633.20MATERIAL - COSTSBasic - Gross 2716.75 No. 2776.75Slats 29.00 29.00Rubber750 Gr. at .14 cts. 105.00750 Gr. at .14 cts. 105.00750 Gr. at .14 cts. 105.00750 Gr. at .14 cts. 105.00Tips1374 Gr. at .10 cts. 137.40Lead477 Gr. at .15 cts. 71.55455 Gr. at .15 cts. 68.2511/2" at .25 2.81Supplies at .5 cts. per gr. 9.00Boxes 3717 at .7

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Visible Translated Text Is As Follows: STATE'S EXHIBIT V.262Portion of the testimony of Emil Selig before coroner's inquest as follows:"As to who else was present, my wife and his wife. They went to the opera before, probably, dinner was over, before he and I left. I stayed in the house. There was no one else there when he got there except me and my wife and him and his wife. The servant was there also. I am speaking about dinner time. I laid down a little while after dinner. I am sure about that. It was directly after dinner was

Visible Translated Text Is As Follows: 251The InjuryNature and extent? Very painful cut to the bone, not serious if this brass does not have poison to set in.Was surgical aid rendered? Yes, when? At once.By whom? Dr. Hancock. Where? Atlanta Hospital.Notice received by employer 10-4-12.H. G. SCHIFF, Employer.STATE'S EXHIBIT 8.Portion of the affidavit made by Lonnie Quinn for Solicitor Dorsey as follows:"The doors that lead up to the back stairs, after work hours are locked, but this door at the back of my department, the lock had been broken off and we placed a bar across it. The idea of

Visible Translated Text Is As Follows: 250STATE'S EXHIBIT Q.Miss Hattie Hall's testimony before coroner's jury, as follows:"He (Mr. Frank) came to Montag's before I went to his office. I went to his office after he went back, somewhere between 10 and 11. I didn't notice the clock. As to whether I got any financial sheet on Monday, or not, I remember the previous Saturday I was at the pencil factory and I helped him make up the financial sheet. I filled in part of it. I suppose by that he must have got it up. I transferred some of the

Visible Translated Text Is As Follows: 249STATE'S EXHIBIT O.Telegram sent by Leo M. Frank:"Atlanta, Ga., April 28, 1913."Mr. Adolph Montag,Care Imperial Hotel, New York."You may have read in Atlanta papers of factory girl found dead Sunday morning in cellar of pencil factory. Police will eventually solve it. Assure my uncle I am all right in case he asks. Our company has case well in hand.LEO M. FRANK"STATE'S EXHIBIT P.Time slip punched for Solicitor Dorsey by E. L. Kendrick:1 5.012 5.303 6.004 6.295 6.586 7.387 8.018 8.299 9.0010 9.3011 10.0012 10.3013 10.5814 11.3015 12.0016 12.3017 1.0018 1.3019 2.0020 2.3121 3.0022 3.3023

Visible Translated Text Is As Follows: 248with being too enormous and too lengthy to be included here in their entirety. After the President's address, the Board adjourned and reassembled again at four o'clock in the afternoon, at which time Dr. Harris's side of the controversy was heard."The Secretary not having been present at what transpired following this was not in a position to take note as to the proceeding, but was informed by members on adjournment that it was their wish that he should still continue as Secretary and Director of the laboratories."The President then made a short statement in

Visible Translated Text Is As Follows: Selig gave me $5, but it wasn’t for my work, and they didn’t tell me what it was for, she just said, ‘Here is $5, Minola.’ I understood it was a tip for me to keep quiet. They would tell me to mind how I talked when Miss Lucile gave me a hat.Q. “Is that the reason you didn’t tell the solicitor yesterday all about this—that Miss Lucile and the others had told you not to say anything about what happened at home there?”A. “Yes, sir.”Q. “Is that true?”A. “Yes, sir.”Q. “And that’s the

Visible Translated Text Is As Follows: "On Saturday morning, April 26, 1913, Mr. Frank left home about eight o'clock, and Albert, my husband, was there Saturday, too. Albert got there I guess about a quarter after one and he was there when Mr. Frank come for dinner, which was about half-past one, I think. When Mr. Frank come back to the house at seven o'clock that night, and Albert was there when he got there. Albert had gone home that evening but he come back. I don't know what time he got there, but he come sometime before Mr. Frank

Visible Translated Text Is As Follows: STATE'S EXHIBIT D.Rag that was found around Mary Phagan's neck, with blood on it. White piece of cloth, soiled. Looked as if it was a piece torn off from petticoat.STATE'S EXHIBIT E.Four or five chips of wood, with red splotches on them, chipped up from the second floor of the National Pencil Company factory in front of ladies' dressing room.STATE'S EXHIBIT F.Shirt found by detectives in trash barrel at Newt Lee's home. Shirt was very bloody; blood was on both sides of shirt and high up on arm-pits on the inside.STATE'S EXHIBIT G.Jar containing

Visible Translated Text Is As Follows: I was looking for to come in, and that was the night watchman. He got there at 20 minutes to four. I had previously arranged with him to get there. On Friday night I told him, after he got his money, to give him the keys and I said, 'You had better come around early to-morrow because I may go to the ball game,' and he came early because of that fact; I told him to come early and he came 20 minutes to 4. I figured that I could leave about 1 o'clock

Visible Translated Text Is As Follows: STATE'S EXHIBIT B.Frank's statement made before N. A. Lanford, Chief of Detectives, on Monday morning, April 28, 1913, this statement being unsigned:-"I am general superintendent and director of the National Pencil Company, in Atlanta. I have held that position since August 10, 1908. My place of business is at 37 to 41 S Forsyth St. We have about 107 employees in that plant, male and female. I guess there are a few more girls than boys. Saturday, April 26th, was a holiday with our company and the factory was shut down. There were several

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Visible Translated Text Is As Follows: 242MISS C. S. HAAS, sworn for the Defendant, in sur-rebuttal.I heard Kendley two weeks ago talk with the Frank case so loud that the entire street car heard it. He said that the substantial evidence was the best kind of evidence to convict a man on, and if there was any doubt, the State should be given the benefit of it, and that 90 per cent. of the best people in the city, including himself, thought that Frank was guilty and ought to hang.N. SINKOVITZ, sworn for the Defendant, in sur-rebuttal.I am a pawnbroker.

Visible Translated Text Is As Follows: 241choloric acid of thirty-two degrees, the emptiness of the small intestine, the presence of starch granules, and the absence of free hydrochloric acid, one can't say positively, but it is reasonable to assume that digestion had progressed probably an hour, maybe a little more, maybe a little less.CROSS EXAMINATIONDr. Dorsey asked me to examine the sections of the vaginal wall last Saturday. The sections I examined were about a quarter of an inch wide and three-quarters of an inch long. It was about nine-twenty-five thousandths of an inch thick, that is, much thinner than

Visible Translated Text Is As Follows: tion stops until the contents get out in the intestines and become alkaline in reaction; then the starch digestion is continued on beyond. The alfactories act as a stimulant to the salivary glands.240DR. JOHN FUNK, sworn for the State in rebuttal.I am professor of pathology and bacteriologist—I was shown by Dr. Harris sections from the vaginal wall of Mary Phagan, sections taken near the skin surface. I didn't see sections from the stomach or the contents. These sections showed that the epithelium wall was torn off at points immediately beneath that covering in the

Visible Translated Text Is As Follows: There are idiosyncracies in a normal stomach, and where they are too marked I would not consider that a normal stomach. I wouldn't say that there is a mechanical rule where you can measure the digestive power of every stomach for every kind of food. There is a set time for every stomach to digest every kind of food within fairly regular limits, that is, a healthy stomach. There is a fairly mixed standard. There is no great amount of variation between healthy stomachs. I can't answer for how long it takes cabbage to

Visible Translated Text Is As Follows: 237CROSS EXAMINATION.The bruises on the head, the evidence of strangulation and other injuries about the head are other possible factors which must be taken into consideration. Anything which disturbs the circulation of the blood, or hinders the action of the nerves controlling the stomach, especially the secretion, prevents the development of the characteristics found in normal digestion one hour after a meal. I mean by mechanical condition of the stomach, no change in the size or thickness, or opening into the intestines, or size or thickness of intestines. The test should be made with

Visible Translated Text Is As Follows: from Dorsey's office and put her in a patrol wagon. I expect Mr. Dorsey knew we were going to lock her up, but he did not tell us to do it. No, he didn't disapprove of it. I didn't know anything about her having made a previous statement to Mr. Dorsey. I think Mr. Dorsey said she had made such a statement. I saw her the next day in the station house. She didn't scream after leaving Dorsey's office until she reached the sidewalk. And then she commenced hollering and carrying on that she

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

Visible Translated Text Is As Follows: HARRY SCOTT, sworn for the State in rebuttal.I picked up cord in the basement when I went through there with Mr. Frank. Lee's shirt had no color on it, except blood that of blood. I got the information as to Conley's being able to write from MoWorth when I returned to Atlanta. As to the conversation Black and I had, with Mr. Frank about Darley, Mr. Frank said Darley was the soul of honor and that we had the wrong man; that there was no use in inquiring about Darley and he knew Darley

Visible Translated Text Is As Follows: 283negro coming from a dark alley way, and I asked him for the office and he told me to go to the second floor and turn to the right. I saw Conley this morning. I am not positive that he is the man. He looked to be about the same size. When I went to the office the stenographer was in the outer office. Mr. Frank was in the inner office sitting at his desk. I went there to get my step-son's money.E. K. GRAHAM, sworn for the State in rebuttal.I was at the

Visible Translated Text Is As Follows: I 232ahead. I know Matthews, the motorman. I have ridden in with him when he was ahead of time several times.CROSS EXAMINATION.It is against the rules to come in ahead of time, and also to come in behind time. They punish you for either one.W. M. MATTHEWS, sworn for the State in rebuttal.I have talked with this man Dobbs (W. C.) but I don't know what I talked about. I have never told him or anybody that I saw Mary Phagan get off the car with George Epps at the corner of Marietta and

Visible Translated Text Is As Follows: 23112:07 1-2. I have been on his car when the cut off the Fair St. car. Fair St.car is due at 12:05. I have compared watches with him. They vary from 20to 40 seconds. We are supposed to earn our right time. I have calledMatthews attention to running ahead of schedule once or twice. They comein ahead of time on relief time for supper and dinner.CROSS EXAMINATION.I don't know anything about his coming on April 26th. We found out hewas ahead of time way along last March. He was a minute and a half

Visible Translated Text Is As Follows: 230ton and Forsyth St. exactly twelve o'clock as I went straight on down there.It took me three or four minutes to go there.CROSS EXAMINATION.I know what time it was because I looked at my watch. First time Itold it was a week ago last Saturday, when I told an officer. I didn't tell itbecause I didn't want to have anything to do with it. I didn't consider itas a matter of importance until I saw the statement of the motorman of thecar she came in on, and I knew that was wrong. She was

Visible Translated Text Is As Follows: 2290CROSS EXAMINATION.Dr. Harris' reply is not entered on the minutes. The reply of the Board to the charges is on the minutes.J. H. HENDRICKS, sworn for the State in rebuttal.I am a motorman for the Georgia Railway & Electric Company. On April 26 I was running a street car on the Marietta line to the Stock Yards on Decatur St. I couldn't say what time we got to-town on April 26, about noon. I have no cause to remember that day. The English Avenue car, with Matthews and Hollis has gotten to town prior

Visible Translated Text Is As Follows: 227her as a witness. I was in Mr. Dorsey's office only one time about this matter, the same morning I started out to see if I could get her and I went to see Mr. Dorsey about getting her out. Her husband had her either out of jail and I went to see Mr. Dorsey about getting her out with the first she denied it. I questioned her for something like two hours. I didn't know she had already made a statement about the truth of the transaction. Mr. Dorsey didn't read it to

Visible Translated Text Is As Follows: about the payment of the cook. I don't remember what questions I asked her at that time, I was her attorney. I didn't go down there to examine her; I went there to get her out. She and Campbell were in and out of the room during the time. Mr. Starnes and I sat on the outside part of the time. I don't know who was in the room and who was not while I was outside.ALBERT McKNIGHT, sworn for the State in rebuttal.This sideboard (defendant's exhibit 63) sets more this way than it

Visible Translated Text Is As Follows: you would not let her go because you would get in bad with the detectives, and you advised me to take out a habeas corpus, which I did. The detectives said they couldn't let her go without your consent. You said you didn't have anything to do with locking her up. You said to whether Minola McKnight did not sign this paper freely and voluntarily (State's exhibit J), it was signed in my absence while I was at police station. When I came back this paper was lying on the table signed. That paper

Visible Translated Text Is As Follows: 224in there. I don't remember who called her Mary Phagan, a young man on the fourth floor told me her name was Mary Phagan. I don't know who he was. I didn't know anybody in the factory. I can't describe any of the girls. I don't know a single one in the factory.W. P. MERK, sworn for the State in rebuttal.I have been a motorman for about three years, in the employ of the Georgia Railway & Electric Company. I know Daisy Hopkins. I have met her at the corner of Whitehall and Alabama,

Visible Translated Text Is As Follows: 228MISS MYRTICE CATO, MISS MAGGIE GRIFFIN, both sworn for the State, testified that they had seen Miss Rebecca Carson go into the ladies dressing room on the fourth floor with Leo M. Frank two or three times during working hours; that there were other ladies working on the fourth floor at the time this happened.J. E. DUFFY, sworn for the State in rebuttal.I worked at the National Pencil Company. I was hurt there in the metal department. I was cut on my forefingers on the left hand. That is the cut right around there

Visible Translated Text Is As Follows: 222ployed at the National Pencil Company, and worked at the factory for a period varying from three days to three and a half years; that Leo M. Frank's character for lasciviousness was bad.MISS MAMIE KITCHENS, sworn for the State in rebuttal.I have worked at the National Pencil Company two years. I am on the fourth floor. I have not been called by the defense. Miss Jones and Miss Howard have also not been called by the defense to testify. I was in the dressing room with Miss Irene Jackson when she was undressed. Mr.

Visible Translated Text Is As Follows: MRS. M. W. CARSON, MARY PIRKERS, DORA SMALL, MISS JULIA FUSS, R. P. BUTLER, JOE STELKER, all sworn for the defendant, testified that they were employees of the National Pencil Company; that they knew Leo M. Frank and that his general character is good.-EVIDENCE IN REBUTTAL FOR STATE.-J. R. FLOYD, R. M. GODDARD, A. L. GODDARD, N. J. BALLARD, HENRY CARE, J. S. RICE, LEW SMITH, all sworn for the State, testified that they knew Daisy Hopkins; that her general character for truth and veracity was bad and that they would not believe her

Visible Translated Text Is As Follows: CROSS EXAMINATION.I work at Jacobs' Pharmacy. My sister used to work at the pencil factory. I don't remember any occasion when Mr. Frank came in the dressing room door while Miss Irene Jackson and her sister were there.MISSES ANNIE OSBORNE, REBECCA CARSON, MAUDE WRIGHT and MRS. ELLA THOMAS all sworn for the Defendant, testified that they were employees of the National Pencil Company; that Mr. Frank's general character was good; that Conley's general character for truth and veracity was bad and that they would not believe him on oath.MISSES MOLLIE BLAIR, ETHEL STEWART, CORA

Visible Translated Text Is As Follows: the fourth floor is a mere room in which the girls change their outer clothing. There was no bath or toilet in that room, and the two windows opening onto the street. There was no lock on the door, and I never went into that room at any hour when the girls were dressing. These girls were supposed to be at their work at 7 o'clock. Occasionally I have had reports that the girls were flirting from this dressing room through the windows with men. It is also true that sometimes the girls would

Visible Translated Text Is As Follows: 217-night was the time they chose to talk to me, but even at such an outlandish hour I was still willing to help them, and at the investigation I spoke to Newt Lee alone, but what was the result? They commenced and they grilled that poor negro and put words into his mouth that I never said, and twisted not alone the English, but distorted my meaning. I just decided then and there that if that was the line of conduct they were going to pursue I would wash my hands of them. I

Visible Translated Text Is As Follows: 216Black says: "Now put it strong to him, and tell him to cough up and tell all he knows about him that you are here and that he is here and that he better open up and tell all he knows about happenings at the Pencil Factory that Saturday night, or you will both go to hell." Those were the detective's exact words. I told Mr. Black I caught his meaning, and in a few minutes afterwards Detective Starnes brought up Newt Lee from the cell room. They put Newt Lee into a room

Visible Translated Text Is As Follows: and my arms. I suppose he was trying to hunt when he could find any scratches. I stayed in there until about 12 o'clock when Mr. Rosser came in and spoke to the detectives, or to Chief Beavers. He was talking with Chief Beavers he came over to me and said that Chief Beavers thought it better that I should stay down there. He says: "He thinks it better that you be detained at headquarters, but if you desire, you don't need to be locked up in a cell, you can engage a supernumerary

Visible Translated Text Is As Follows: Mr. Montag to find out if those rates were satisfactory. He phoned back the answer that he would engage them for a few days at any rate. Mr. Scott then said: "Well, I don't need anything else and he says "The Pinkertons in this case, according to their usual custom in ferreting out the perpetrator of this crime will work hand in hand with the city officers." I said: "All right, that suits me." And he went on his way. About that time my father-in-law joined the group over in front of the factory

Visible Translated Text Is As Follows: stated that I was being detained at headquarters, it would be best to let myuncle, who was ill, and who is an elderly man, being over 70 years of age,and who was on the point of taking a trip to Europe, and I didn't want himto be unnecessarily alarmed by seeing in the papers that I was detained, andI wrote a telegram to Mr. Adolph Montag informing him that I was no longerin custody, that I was all right, and that he could communicate that to myuncle. That was so that my uncle should

Visible Translated Text Is As Follows: posed largely of soap and oil, and that floor, by actual experiment, is covered to a thickness varying from a quarter to a half inch, that is, you can scrape away that much before you get down to the natural color of the wood; moreover, on top-of-that-grease-soaked-floor-the-dirt more or less-and then somebody comes along with a water sprinkler and sprinkles it to sweep it up, and they go over the top of that; it don't sink into the floor, and the result is there is coat after coat of grease and dirt on that

Visible Translated Text Is As Follows: loway was out in his place in the hall, and Mr. Stelker and Mr. Quinn and Mr. Ziganke, these foremen were sitting around there because work had shut down there, as they told me, due to the fact that the plant was wholly demoralized, the girls were running into hysterics, they couldn't stick to their work, they were crying and going on over what had happened there. I spoke to the boys who were there in the office about the happenings of that morning, of course, at more or less length. Then Mr. Quinn

Visible Translated Text Is As Follows: 210parently having a sort of conversation, and I overheard Mr. Rosser say: "Why, it is preposterous, a man who would have done such a deed must be full of scratches and marks and his clothing must be bloody." I imagine Mr. Rosser must have had an inkling that they were suspicious of me, and as soon as I heard that, I turned and jumped up and showed them my underclothing and my top shirt and my body. I bared it to them all that came within the range of their vision. I had everything

Visible Translated Text Is As Follows: 209Chief Lanford wanted to ask you a few questions about it," and I said:"What did Newt Lee say;" "Well, Chief Lanford will tell you when youget down there." Well, I didn't say anything more to him right alongwith him, and when I got down to police headquarters, I sat in one of theouter offices that the detectives use, it wasn't the office of Chief Lanford, hehadn't come down yet, that was about between 8 and 8:30 when I got downthere. Well, I waited around the office possibly an hour, chatting and talkingto the officers

Visible Translated Text Is As Follows: 207into another room, and I presume they brought Newt Lee up from the cell, so he could talk to him. After Newt Lee was gone, the detectives showed us the two notes and the pad back with still a few unused leaves to it, and the pencil that they claimed they had found down in the basement near the body. Of course, Mr. Schiff and myself looked at those notes and tried to decipher them, but they were written exceedingly dim, and were very rambling and incoherent, and neither of us could recognize the

Visible Translated Text Is As Follows: sation with him, I returned to my home at about a quarter to eleven, my home was 68 E. Georgia Avenue; I washed up and had my breakfast in company with my wife, in the dining room, and while I was eating breakfast, I told my wife of the experience I had had that morning. After I finished my breakfast, I left the house and went around to the home of Mr. Wolfsheimer, and at Mrs. Wolfsheimer's house we found quite a company of people, and the conversation turned largely on what I had

Visible Translated Text Is As Follows: slip in the clock, we all went out of the factory and went downstairs and locked the door, and I was going to go down to the office, to police headquarters, because the officers said they wanted to show me some notes which they said were found near the body of the little padlock and staple which they showed me had been withdrawn, and which they said had been taken down to the station the first time they had Newt Lee down there.Now, gentlemen, I have heard a great deal, and so have you,

Visible Translated Text Is As Follows: 204ment, we all went back upstairs and Mr. Darley and myself got some cords and some nails and a hammer and went down the basement again to lock up the back door, so that we could seal the door from the back and nobody would enter. After returning upstairs, Mr. Darley and myself accompanied Chief Lanford on a tour of inspection through the three upper floors of the factory, to the second floor, to the third floor and to the fourth floor, we looked into each bin, and each partition, and each dressing room

Visible Translated Text Is As Follows: body, I identified that little girl as the one that had been up shortly after noon the day previous and got her money from me. We then left the undertaking establishment, got in the automobile and rode over to the pencil factory. Just as we arrived opposite the pencil factory, I saw Mr. Darley going into the front door of the pencil factory with another man, whose name I didn't know; we went up to the second floor, the office floor. I went into the inner office, hung up my hat, and in the

Visible Translated Text Is As Follows: 202should come for me in the automobile, when the automobile drove up, the bell rang and my wife went down stairs to answer the door. She had on,—just had a night dress with a robe over it. I followed her down. I wife—I wasn't completely dressed at that time,—didn't have my collar or tie on, and as soon as I could get together,—get my trousers and shirt on,—I went down stairs—followed my wife in a minute or two. I asked them what the trouble was, and the man who I afterwards found out was

Visible Translated Text Is As Follows: pair and tan pair, in the shipping room. I told Newt Lee it would be alright to pass Gantt in, and Gantt went in. Newt Lee closed the door; looking it after him — I heard the bolt turn in the door. I then walked down Pryor Street to Alabama; down Alabama to Broad Street, where I purchased two letters, one to my uncle, Mr. M. Frank and one to Mr. Pappenheimer, a few minutes after six, and continued on my way down to Jacobs Whitehall and Alabama. Street store, where I went in

Visible Translated Text Is As Follows: gas' department, foreman on the third floor, 85 cents for the payment of a very small bill to King Hardware Company, $11.50 to a tinsmith for a small job he had done, 5 cents for thread, and ten cents for a knife one item. Then this young man, Harold Wright, of whom I spoke, got his pay from the payroll. I added this up, and that was $39.31, and transferred it from here (Defendant's Exhibit 41) to there (Defendant's Exhibit 40). I then made the balance in the usual way, checking it against the

Visible Translated Text Is As Follows: 199stacks of a dollar. I did that, stacked them up, checked them, and re-checked them, and I took a piece of paper—haven't that paper—and jotted down the amounts. To that had to be added the amount that we had paid. In this case there was only one loan, that which I loaned to Mr. White that afternoon. That would eventually come back to the cash box. If there had been any errors in the payroll the night previous, I would have had to make it good from the cash box, and it would have

Visible Translated Text Is As Follows: 197of 10 gross. Then we look on down this pencil sheet, cut down each and every one of the items accordingly—you will notice in some places I marked some items, "142 1-2 9-10-X"—and so on down the sheet. In this case there were 20 or 30 different items, all of which had to have the prices correctly traced down, extensions correctly made, marked, re-checked, added up, and totaled, and checked back, and the pack had to be deducted, after which the 12 per cent. had to be figured out, and deducted, giving the net

Visible Translated Text Is As Follows: The material is arrived at on the basis, gross, net. The gross basis is the total amount of pencils packed, as per the packing reports handed in by Miss Bula May Flowers, and the net basis is the total amount, total gross, packed by report of Miss Eula May Flowers less the amount of repacked, of which I have spoken. In this case the gross amount was 2,651 gross, net 2,380 1-2 gross, the smaller being the net figure. The slats are figured at 22 cents per gross, and that's simply taking the 2,380

Visible Translated Text Is As Follows: 196line there, and certain printing on it, is due to me, because I got this sheetup myself. On one side you notice "Expense," and two main headings "Ex-pense," "Materials." Together they comprise the expense for the week.On the other side, like the debit and credit side of a ledger, is the "Value,""Gross Value" of the goods, which have been packed up during a givenweek. Down here below you will notice "Less Repacked." You rememberthe repacked, that I told you about, the pencils taken out of stock and re-packed to make them move better. That

Visible Translated Text Is As Follows: I took out from this job sheet (Defendant's Exhibit 8), the correct amount of gross packed—791 as figured there—correct value $396.76, as shown on this sheet, and the average is the same, that I didn't carry out to two decimal places; I didn't carry it to the cent. Then from the pay-roll book I got the pay-roll for Forsyth Street and Hunter Street, and then as a separate item took out from the pay-roll book the amount for the machine shop, which that week was $70.00. The shipments (Defendant's Exhibit 6), were figured for

Visible Translated Text Is As Follows: can arrive at the proper figure. The same way to find the good lead and the cheap lead, the large lead and the copying lead; that operation had to be gone through in detail with each and every one of those, and the same with each of the boxes, and that is a tough job. Some of them come packed in one gross boxes and some in half-gross boxes, and, as I say, we have a display box, and there are pencils that are put in individual boxes, and we have to go through

Visible Translated Text Is As Follows: from day to day. Now, I have very few clerks at Forsyth Street, or any-where else, for that matter, who could make out this sheet (Defendant's Ex-hibit 2) successfully and accurately. It involves a great deal of work andone has to exercise exceptional care and accuracy in making it out. Younotice that the gross production here (Defendant's Exhibit 2) is 2765%. Thatgives the net production. The gross production is nothing more than theaddition, the total addition, the proven addition of those sheets containingthe pencils packed. This other little sheet (Defendant's Exhibit 7A) behindhere represents

Visible Translated Text Is As Follows: 19118th of April, 562 gross the 2nd day, which was Saturday, a half day, the19th of April; 784 gross on Monday, which was April 21st; 1232 gross (thatwas an exceptional day) were shipped on Tuesday April 22nd; 672 grossshipped on Wednesday, April 23rd, and 957 gross shipped on Thursday, a very large day,shipped on April 24th, a total of 4374 gross. Now, there is another littleslip of paper (Defendant's Exhibit 4AA) here that shows one of the mostcomplicated calculations in the entire financial, and I will explain it. Itshows the repack, and I notice

Visible Translated Text Is As Follows: 19118th of April, 562 gross the 2nd day, which was Saturday, a half day, the 19th of April, 784 gross on Monday, which was April 21st; 1322 gross (that was an exceptional day) were shipped on Tuesday April 22nd; 572 gross shipped on Wednesday, April 23rd, and 957 gross, which is a very large day, shipped on April 24th, a total of 4374 gross. Now, there is another little slip of paper (Defendant's Exhibit 4AA) here that reads on one of the most complicated calculations of this entire financial, and I will explain it.

Visible Translated Text Is As Follows: 180for which we get less money, of course, than for the first. You see that Fannie A (Defendant's Exhibit 4B), that is Fannie Atherton. That is in the job department. Now, I took each of those job sheets (Defendant's Exhibit 4B) and separated them from the rest of those sheets, finding out how many jobs of the various kinds were packed that week. Now, this sheet (Defendant's Exhibit 3) shows that there were 12 different kinds of jobs packed that day. Each of them, you will notice, has a different price. That is the

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Visible Translated Text Is As Follows: Georgia - Supreme CourtSupreme Court Case FileLeo Frank v. The State* Due to a high reference rate in the past and an anticipated high rate in the future, these portions of a much larger record series are filmed as a protection and as an assist to researchers.Feb. 17, 1914 First Appeal 14264243Brief of Evidence or Enumeration of ErrorsRecord of caseOct. 14, 1914 Second Appeal 14264617Brief of Evidence, original and amendedRecord of case, including copy of first appealNov. 14, 1914 Third Appeal 14267474Record Group Georgia Supreme Court 92Sub-Group Office of Clerk of Supreme Court 1Series

Visible Translated Text Is As Follows: FOR PHOTOGRAPHERS AND LABORATORY USE ONLYFilm this "TEST PATTERN" at the beginning of the book, volume or papers being microfilmed, after each 100 exposures and at the end. Center the Test Pattern at the reduction being used. Insert the reduction and the exposure "RED" and "EXP" with photocopy.Filmer ce "MODULE TEST" au commencement du livre, volume ou paquets que l'on est en train de microfilmer, après chaque 100 expositions et à la fin. Centrer le film sur la réduction utilisée. Insérer la réduction et l'exposition ("Red", "Exp") avec la photocopie.Filme dieses "Prüf-Muster" (Test-Pattern) zum

Visible Translated Text Is As Follows: FOR PHOTOGRAPHERS AND LABORATORY USE ONLYFilm this "TEST PATTERN" as the beginning of each volume or book of paper being microfilmed, after each "volume" and "to be continued". Center the Test Pattern at the reduction being used. Insert the reduction and the exposure ("Red" and "Exp") with phonotype.Film ce "MODELE TEST" au commencement de livre, volume ou paquet que l'on microfilme, après chaque "volume" et "à suivre" (à suivre). Center et filmer à la réduction utilisée. Inserer la réduction et l'exposition ("Red" et "Exp") avec phonotype.Film diese "Prüf-Muster" (Test-Pattern) zum Beginn jedes Buches, Bandes

Visible Translated Text Is As Follows: REEL 6. 39 11NO.

Visible Translated Text Is As Follows: TO BE CONTINUED

Visible Translated Text Is As Follows: Secretary of State214 State CapitolAtlanta30334Ben W. Fortson, Jr.Secretary of StateAnn L. AddisonAssistant Secretary of State(404) 656-2881DEPARTMENT OFARCHIVES AND HISTORY330 Capitol Avenue, S.E.Atlanta, Georgia 30334MISS CARROLL HART, DIRECTOR(404) 656-2838INFORMATION (404) 656-2382CERTIFICATE OF AUTHENTICITYThis is to certify that the microphotographs appearing on this reel are the accurate, complete and official reproductions listed on the target (title) sheet preceding each volume or series of records.As reproduced by the Microfilm Laboratory of the Department of Archives and History, under the direction and jurisdiction of Ben W. Fortson, Jr., Secretary of State.It is further certified that the microphotographic processes

Visible Translated Text Is As Follows: Georgia - Supreme CourtSupreme Court Case FileLeo Frank v. The StateDue to a high reference rate in the past and an anticipated high rate in the future, these portions of a much larger record series are filmed as a protection and as an aid to researchers.Feb. 17, 1914 First Appeal 141Ga243 Bill of Exceptions-or Enumeration of Errors Brief of Evidence Record of caseOct. 14, 1914 Second Appeal 142Ga617 Brief of Evidence, original and amended Record of case including copy of first appealNov. 14, 1914 Third Appeal 142Ga741Record Group Georgia Supreme Court 92Sub-Group Office of

Visible Translated Text Is As Follows: for which we get less money, of course, than for the first. You see that Fannie A (Defendant's Exhibit 4B), that is Fannie Atherton. That is the job department. Now, I took each of those job sheets (Defendant's Exhibit 4B) and separated them from the rest of those sheets, finding out how many jobs of the various kinds were packed that day. Now, this sheet (Defendant's Exhibit 3) shows that there were 11 different kinds of jobs packed that day. Each of them, you will notice, had a different price. That is the number

Visible Translated Text Is As Follows: when I happened to go out to the lavatory and on returning to the office, the door pointed out directly in front, I noticed Newt Lee, the watchman, coming from towards the head of the stairs, coming towards me. I looked at the clock and told him the night before to come on at 4 o'clock for I expected to go to the base ball game. At that time Newt Lee came along and greeted me and offered me a banana out of a yellow bag which he carried, which I presume contained bananas;

Visible Translated Text Is As Follows: law to tell him that on account of some work I had to do at the factory, Iwould be unable to go with him, he having invited me to go with him out tothe ball game. I succeeded in getting my niece and his cook answeredthe phone and told me that Mr. Unsensbach had not come back home. Itold her to give him a message for me, that I would be unable to go withhim. I turned around and continued eating my lunch, and after a few min-utes my wife and mother-in-law finished their

Visible Translated Text Is As Follows: She had left the plant hardly five minutes when Lemmie Quinn, theforeman of the plant, came in and told me that I could not keep him awayfrom the factory, even though it was a holiday; at which I smiled and kepton working. He first asked me if Leo Frank had come down and I told himhe had not and he turned around and left. I continued work until I finishedthis work and these requisitions and I looked at my watch and noticed thatit was a quarter to one. I called my home up on

Visible Translated Text Is As Follows: of your high priced goods as possible and as few of your cheap goods, and therefore, if you know how many of the cheap goods and how many of the better grade of goods you are selling, it serves as a barometer on the class of goods that is being sold. You can see that this job takes quite a little figuring and quite a little judgment.After finishing that work, I went on to the transcription of these orders—to these requisitions (Defendant's Exhibit 25 to 35), and notwithstanding an answer that has been made,

Visible Translated Text Is As Follows: here, too, the next column shows to whom the goods are to be shipped; of course that is not very difficult to figure out, it is just a mere copy. The store numbers are put down in case that store have numbers, and then one must look over the order; I notice that one of the orders is one to R. E. Kendall (Defendant's Exhibit 34), at Plum St., Cincinnati, O., calling for a special, and that has to be noted in this column here, you will notice regular or special, notice here the

Visible Translated Text Is As Follows: 183one in Buffalo, one in Boston, one in New York, there is one at Wilkesbarre, one at St. Louis, one at Chicago, and one in San Francisco. Now, this order, by looking at it, I can tell, because I have no reason to look into and know the system of orders used by this syndicate, and I most assuredly have to know it, you notice Chicago, Ill., 4-23, down here, and also store No. 585 (Defendant's Exhibit 28), the Woolworth Company 347 E. Main St. here again is DeKalb, Ill. In other words, DeKalb,

Visible Translated Text Is As Follows: 182sent us to be tried out, a circular knife, one to J. B. McCrory, Five & Ten Cent Syndicate, one to the Pullman Company, of Chicago, Ill., in reference to their special imprint pencils, which they were asking us to ship as soon as possible, one to A. J. Sassener, another die maker, two letters are copies of the ones I dictated that morning; I signed these letters, and while I was signing, as Miss Hall brought these letters in to be signed, I gave her the orders (Defendant's Exhibit 14 to 24) which

Visible Translated Text Is As Follows: It was about this time that I heard the elevator motor start up and the circular saw in the carpenter shop, which is right next to it, running. I heard it saw through some boards, which I supposed was the work that Mr. Holloway had referred to. I separated the orders from the letters which required answers, and took the other material, the other printed matter that didn't need immediate attention. I put that in various trays, and I think it was about this time that I concluded I would look and see how

Visible Translated Text Is As Follows: with me in a folder, and put on my hat and coat and went to the outer office, when I found that Mr. Lyons had already left. Mr. Darley left with me, about 9.35 or 9.40, and we passed in front of the factory, and stopped at the corner of Hunter and Forsyth Streets, where we had a drink at Cruickshank's soda water fount,-where I bought a package of Favorite cigarettes, and after we had our drink, we conversed together there for some time, and I lighted a cigarette and told him good-bye, as

Visible Translated Text Is As Follows: 178exasperates a customer more than to receive invoices that are incorrect; moreover, on this morning, this operation of this work took me longer than it usually takes an ordinary person to complete the checking of the invoices, because usually one calls out and another checks, but I did this work all by myself that morning, and as I went over these invoices, I noticed that, Miss Eubanks, the day before, had evidently sacrificed accuracy to speed, and every one of them was wrong, so I had to go alone over the whole invoice, and

Visible Translated Text Is As Follows: through the factory without stopping, easily, quickly and economically manu-factured. On Friday evening, I got home at about 6:30, had my supper,washed up, then went with my wife to the residence of her uncle, Mr. CarlWolfsheimer, on Washington Street, where up my wife and Mr. Wolfsheimer andhis wife and myself played a game of cards, bridge for the balance of theevening. My wife and I returned home and retired at about eleven-o'clock.On Saturday April 26th, I rose between seven and seven thirty and leisurelywashed and dressed, had my breakfast, caught a Washington-Street or GeorgiaAvenue

Visible Translated Text Is As Follows: 176by the name of Wright, who had helped us out as a clerk in the office during the past week, came in and I paid him in cash, as Mr. Schiff, I found, neglected to put his name on the pay-roll. I just made out a ticket for the amount of money he drew and put it in the cash box and charged it to the cash box and not to the pay-roll. At a quarter to six, part of the help took place, Mr. Schiff taking all the envelopes that were due the

Visible Translated Text Is As Follows: 175the happiest days of my life. My duties as superintendent of the National Pencil Company were, in general, as follows: I had charge of the technical and mechanical end of the factory, looking after the operations and seeing that the product was turned out in quality equal to the standard which is set by our competitors. I looked after the installation of new machinery and the purchase of new machinery. In addition to that, I had charge of the office work at the Forsyth Street plant; and general supervision of the lead plant, which

Visible Translated Text Is As Follows: 174MISS IRENE CARSON, sworn for the Defendant.I worked for fifteen months on the fourth floor of the pencil factory. I have known Mr. Frank during that time. His character is good. I am a sister of Miss Rebecca Carson, and a daughter of Mrs. E. H. Carson. I was with my sister on Whitehall Street on April 26th and recollect seeing Mr. Frank there. I have never met Mr. Frank at any time or place for any immoral purpose.MRS. J. J. WARDLAW, sworn for the Defendant.I worked at the pencil factory four years. I

Visible Translated Text Is As Follows: 173My sister quit at the factory before Christmas.- I have never flirted with anybody out of the window. I have heard them say that they didn't want the girls to flirt around the factory. I have heard Mr. Frank say that to Miss McClellan, after she told him that she had seen some of the girls flirting.MISS BESSIE FLEMING, sworn for the Defendant.I worked as stenographer at Mr. Frank's office from April, 1911, to December, 1911. Mr. Frank's character was unusually good.CROSS EXAMINATION.I am just talking about my personal relations with him. I have

Visible Translated Text Is As Follows: 172MISS IRENE JACKSON, sworn for the Defendant.I worked at the pencil factory for three years. So-far as I know Mr. Frank's character was very well. I don't know anything about him. He never said anything to me. I have never met Mr. Frank at any time for any immoral purpose.CROSS EXAMINATION.I am the daughter of County Policeman Jackson. I never heard the girls say anything about him, except that they seemed to be afraid of him. They never would notice him at all. They would go to work when they saw him coming. Miss

Visible Translated Text Is As Follows: MISS EULA MAY FLOWERS, sworn for the Defendant.I work on the second floor of the pencil factory. I have known Mr. Frank for three years. His general character is good. I have known Conley for two years. His general character for truth and veracity is bad.CROSS EXAMINATION.His borrowing money and not paying it back is one thing. He has promised and he has never paid back anything he has ever borrowed from me. I had Mr. Gantt take it out of his envelope. I have never met Mr. Frank anywhere for any immoral purpose.MISS

Visible Translated Text Is As Follows: MRS. H. GLOGOWSKI, sworn for the Defendant.I keep a boarding house in this city. I have known Mr. Frank more than three years. He and his wife boarded with me for seven months. His character is good.MRS. ADOLPH MONTAG, sworn for the Defendant.I am a sister of Mr. Sig Montag. I have known Mr. Frank five years. His character is very good.CROSS EXAMINATION.I have heard of his character through the ladies he has lived with. Mrs. Meyers has told me how nice he always was to her. My husband has always spoken well of

Visible Translated Text Is As Follows: RICHARD A. WRIGHT, sworn for the Defendant.I live in Brooklyn, N. Y. I am a consulting engineer, with offices in New York City. I knew Leo Frank four years at Pratt Institute. I also knew him three years at Cornell. His general character is good.HARRY LEWIS, sworn for the defendant.I live in Brooklyn, N. Y. I am a lawyer. I was formerly Assistant District Attorney of Brooklyn. I have known Leo Frank about twelve years. I have been a neighbor of his until he came South. His general character is good.HERBERT LASHER, sworn for

Visible Translated Text Is As Follows: 187the body is disinterred nine days after death. I could not hazard a guesswithin two days of the time. I think I might in two weeks.CROSS EXAMINATION.The amount of digestion in the stomach depends on the amount of mastica-tion in the mouth. If the food is bolted there is no digestion. I am not famil-iar with Dr. Crittendon's table. If he states that boiled cabbage is as easy todigest as raw cabbage he is at issue with the generally accepted authorities.Normal stomachs have certain idiosyncracies. Digestion in normal stomachs issupposed to go along certain

Visible Translated Text Is As Follows: has not been masticated thoroughly. They have been swallowed almost whole. Raw cabbage is easier digested than cooked cabbage. Cooked cabbage is the most indigestible form of it. It is the ptyaline in the saliva that acts on the cabbage in the mouth. Action on the carbohydrate part of the cabbage. The carbohydrate digestion ceases after that leaves the mouth until it reaches the small intestines. The only thing that the stomach does is the churning movement by muscular action. As soon as gastric juice of the stomach strikes the cabbage it neutralizes the

Visible Translated Text Is As Follows: 165never heard of Mr. Frank's kissing girls and playing with their nipples on their breasts. I have never known Mr. Blackstock. I never heard that Mr. Frank would walk into the dressing room when the girls were dressing, nor that he tried to put his arms around Miss Eula Cato and tried to shut the door on her, or going in the dressing room with Lula McDonald and Rachael Prater, nor that Mrs. Pearl Darslon about five years ago threw a monkey wrench at him when he put his hand on her and held

Visible Translated Text Is As Follows: 164taken it according to the way the body was lying and the small intestine was clear six feet below the stomach. The stomach was normal, and there was no mucous and every indication was that the digestion was progressing favorably and this cabbage was found with the naked eye in the stomach and unmistakable evidences of undigested starch granules and thirty-two degrees of hydrochloric acid, I say emphatically that no man living in my judgement could say how long that cabbage had been in the stomach. If Mary Phagan was alarmed concerning her surroundings,

Visible Translated Text Is As Follows: 183or not. It would be a pure conjecture if he said anything on that subject. Skulls are sometimes fractured without unconsciousness. Each stomach is a law to itself. It is a known fact that some stomachs will digest different substances quicker than others. I don’t think that there is an expert in the world who could form any definite idea of either chemical analysis of the liquids of the stomach or by the condition of the cabbage lodged in the stomach as to how long it had been in the stomach.CROSS EXAMINATION.I am not

Visible Translated Text Is As Follows: 162vagina removed from the body that the blood vessels are congested, this may be due to menstruation or the natural gravitation of blood to those parts and is not necessarily indicative of violence. Manipulation of the membrane would account for the displacing of the epithelium. The use of embalming fluid would make a diagnosis of rape utterly unreliable. Strangulation might result in a distension of the blood vessels. The entire pelvic vessels are always more or less congested during menstruation. No one could make a digital examination of the vagina of a corpse without

Visible Translated Text Is As Follows: 161RE-DIRECT EXAMINATION.The human tongue could not produce any sign of violence in the vagina.Where there is a skull wound an inch and a half long cutting through thelittle arteries like the wound-described above there would bleed and if the bodylay in one place 30 or 40 minutes there would be bleeding and if the body ispicked up and carried about 40 feet and dropped at another place I wouldexpect to find blood there. Skull wounds bleed very freely, and there wouldbe blood wherever the body was.DR. J. C. OLMS'I'EAD sworn for the Defendant.Practicing physician

Visible Translated Text Is As Follows: 160scopic test of the wall of the vagina it was found that some of the small blood vessels had congested blood in them, these facts would not necessarily indicate violence of any kind during life, it being also known that there had been a digital examination by the physician just after death and before embalming, and that the physician performing the post mortem had removed the wall of the vagina with his hand and scissors. Any epithelium can be very easily stripped after death. The digital examination could have stripped it. So could the

Visible Translated Text Is As Follows: that gives this specimen the chocolate brown color. The next one (Defend-ant's Exhibit 88B) has in it the hot water and the entire vomit and embalm-ing fluid added to it, that is formaldehyde. This cabbage was not well chewed,and looks like it did before it was eaten. She ate it at 5 minutes after 12,and it stayed in her stomach 45 minutes. The next one (Defendant's Ex-hibit 88D) was a man 25 years old. He did not chew his well. He ate it in5 minutes. I took it from his stomach 1 hour and

Visible Translated Text Is As Follows: ference with the brain or any pressure on the brain, no doctor could tell that -long after death whether or not the wound would have produced unconsciousness, because the skull may be broken and considerable hemorrhage and de pression occur without any loss of memory. There is no outside physical indication of any sort that a man could find that can tell whether it produced unconsciousness or not. If the body was found 8 or 10 or 12 hours after death, with that wound and some blood appears to have flowed out of the

Visible Translated Text Is As Follows: and nothing has moved out of the stomach, that would show me nothing as to how far digestion had progressed, for starch is found in the stomach from the beginning of digestion until the last particle of bread has passed out of the stomach and that may be three or four hours. Medical men are able to compile tables showing how long it takes to digest cabbage and other things by testing for protein, but not for starch, because proteins are the only substances which combine with the hydrochloric acid and which are digested

Visible Translated Text Is As Follows: 156and the passage from the stomach into the small intestines. The presence of such cabbage would make it very uncertain as to how long before the food would pass out of the stomach. I couldn't say, and I don't think anybody could say, how long cabbage and wheat bread in such condition would stay in the stomach. As far as wheat bread and water are concerned the acidity of the stomach with reference to hydrochloric acid may go between 40 and 60 degrees, which is the average height of the acidity. With wheat bread

Visible Translated Text Is As Follows: 1544 1-2 minutes. I walked from the same place in the pencil factory to the corner of Whitehall and Alabama Sts., and it took me three minutes and twenty seconds. I walked from the corner of Hunter and Broad Streets to the same place in the pencil factory and it took me one minute and a half.PROF. GEO. BACHMAN, sworn for the Defendant.- Prof. of Physiology and Physiological Chemistry Atl.-Col. Phys. & Surgeons. Bomar says it takes 4 hours and a half to digest cabbage. That's for the cabbage to pass from the stomach

Visible Translated Text Is As Follows: 158J. R. LEACH, sworn for the Defendant.I am division superintendent of the Ry & Power Co. I know the schedule of the Georgia Avenue line and the Washington St. line. The Georgia Avenue line leaves Broad and Marietta on the hour and every ten minutes. It takes two minutes to go from Broad and Marietta to the corner of Whitehall and Alabama. It takes 12 or 13 minutes to run from Broad and Marietta to the corner of Georgia Avenue and Washington St., about ten minutes from Whitehall and Alabama to Georgia Avenue and

Visible Translated Text Is As Follows: 152side of the table in the dining room, or on the north side of the table, in factyou can not see the table at all, or the door leading from the dining room tothe sitting room. Sitting in a chair against the jamb of the kitchen door, youcould not see a man in that mirror. You would have to be a foot or moreinside of the door before you get any view of the mirror at all.CROSS EXAMINATION.Taking a point between the door and the back porch and a point aboutthe pantry you could

Visible Translated Text Is As Follows: 161shows the place where the cotton sacks were kept. Defendant's exhibit 76 is a view of the plating room. Defendant's exhibit 77 is a view of the metal room showing where the floor was chipped by the detectives in front of the dressing room. On the left is the ladies' dressing room. Defendant's exhibit 78 shows the lathe. Defendant's exhibit 79 is a view from the third floor looking to the second floor. You can see a man walking from the metal room towards the elevator, just as is shown in this picture. Defendant's

Visible Translated Text Is As Follows: 150RE-DIRECT EXAMINATION.There will be no difficulty about one person going down the scuttle hole back of the elevator.RE-CROSS EXAMINATION.If the Washington St. car had passed the nearest corner, it would be at Pulliam and Georgia Avenue.FURTHER EXAMINATION.Sitting near the back door, he could not see the mirror.FURTHER EXAMINATIONI do not know what the arrangement was in the Selig home on April 26.J. Q. ADAMS, sworn for the DefendantI am a photographer. I took photographs of the Selig home at 68 E. Georgia Avenue from the inside and the outside of the back door, looking

Visible Translated Text Is As Follows: RE-CROSS EXAMINATION.On the first of April he had $111.13; on the 18th of April he deposited $15.00. That is all he deposited that month, and these checks were drawn against that $111.13 and $15.00.R. P. BUTLER, sworn for the Defendant.I am the shipping clerk of the pencil company. I am familiar with the doors leading into the metal room. They are wooden doors, with glass windows. There is no trouble looking through those windows into the metal room, even when the doors are closed. The glass in the door is about fifteen inches by

Visible Translated Text Is As Follows: 147RE-DIRECT EXAMINATION.I wrote that letter as a matter of conscience. It is as follows:- "To theGrand Jury of Fulton County, W-D. Beattie, foreman. Gentlemen: Amonga number of people with whom I have discussed the unfortunate Phagan af-fair, I have found very few who now believe in the guilt of Leo M. Frank, andI have felt a deep conviction growing in my heart that a terrible injusticemight be inflicted upon an innocent man. While we are all mystifiedby the published evidence now at command, I am impelled by a sense of dutyto ask that you

Visible Translated Text Is As Follows: Mr. Brent enacted everything that was supposed to have been done by Conley. Mr. Fleming played the part of Mr. Frank. Neither one of these gentlemen are connected with the pencil factory. In putting the cloth around the corpse I think they actually gained time. They did it really faster than it could have been done. Mr. Herbert Haas did most of the reading of the directions. There were no feet hanging out of the sack like the body would. As to whether it isn't much easier to take the sack as it was

Visible Translated Text Is As Follows: 145if you get caught, I will get you out on bond and send you away." Conley: "That is all right, Mr. Frank." (Pause) Frank: "I am going out home; can you come back this evening and do it?" Conley: "Yes, sir, I am coming to get my money." Frank: "Well, I am going home to get my dinner now; you come back here in about forty minutes from now; it is near my dinner hour and I am going home to get my dinner now and be up money. Conley: "How will I get

Visible Translated Text Is As Follows: Frank, what am I going to do with these things?" and Mr. Frank said:"Leave them right there," and Conley threw them in front of the boiler;Conley goes to the elevator, and Frank come on up, and stepped off at the firstfloor, and Frank hits Conley a blow on the chest which run him against theelevator; Frank stumbles out of elevator as it nears the second floor, Frank goesand washes his hands, and comes into the private office, and they sit downin the private office, Frank rubbing his hands on the back of his hair;

Visible Translated Text Is As Follows: it was occupied by Montag Bros. They used it as a manufacturing plant.The Clarke Woodenware Company subleased part of the first floor from Montag Bros. They used the front door on Montag Bros. in going in there. Wehave not put in any new floor on the second story of the building. I haveknown Mr. Frank four or five years. His character is good.CROSS EXAMINATION.I have come in contact with Mr. Frank in business and I have heard myassociates talk about him. I have seen him twenty or thirty times duringthe past five years. I

Visible Translated Text Is As Follows: 142while Mr. Whitfield and I were back there looking behind the radiator, we found the cord and twine about the radiator. Whitfield was examining the stains when I picked up the envelope which was all rolled up. I found the envelope about three o'clock on May 15, within eight or ten inches of the trap door. The name was written in lead pencil, so far as I know the envelope has not been changed any since I saw it. I did not see any "5" on the envelope. We went out to see Mr.

Visible Translated Text Is As Follows: 141the case at all. At the time of the interview with the little girl and thelittle boy they were both in the room with their father. Their father tookme out there.W. D. McWORTH, sworn for the Defendant.I am a Pinkerton detective. I worked for three days on the Frankcase. For three days I took statements from the factory employes and onMay 15th, I made a thorough search of the ground floor. I found near thefront door on the ground floor, stains that might or might not have beenblood. All the radiators in the factory

Visible Translated Text Is As Follows: - 140 -should say that perhaps he was talking and not acting for about fifteen minutes. Of course he was talking all the time that he was acting. I did not say that I thought he was talking half of the time.RE-DIRECT EXAMINATION.In going through his performance he walked very rapidly. We were almost on a trot behind him. I was at the factory fifty minutes while he enacted his story. I left him after he had written one note in Mr. Frank's office. He wrote the note very rapidly. It took him about

Visible Translated Text Is As Follows: JOE STELKER, sworn for the Defendant.I have got charge of the varnishing department at the pencil factory; about sixty people work under me. I saw the spot that Mr. Barrett claimed he had found in front of the young ladies dressing room. It looked like some one had some coloring in a bottle and splashed it on the floor. Chief Beavers asked me to find out whether it was varnish or not. I saw the white stuff on it. It looked like a composition they use on the eyelet machine or face powder. They

Visible Translated Text Is As Follows: HENRY SMITH, sworn for the Defendant.I work at the pencil factory in the metal department. I work with Barrett. He has talked to me about the reward offered in this case. He said it was $4,300, and he thought if anybody was to get it, he was to get it, because he found the blood and hair, and he said he ought to get the first hook at it. He said it six or seven different times.CROSS EXAMINATION.He would come out of the room counting it off on his hands. He did that two

Visible Translated Text Is As Follows: 136Saturday afternoons, frequently during the past twelve months. I was there while Mr. Schiff was off on his trip. I was up at the office on the Saturday afternoon before Mr. Schiff went away. Mr. Holloway, Mr. Schiff, Mr. Frank and the office boy were there. I have never seen any women in Mr. Frank's office on the Saturdays I have been there.CROSS EXAMINATION.I have always found Mr. Schiff there on Saturday afternoons with the exception of the time when he was off on his trip during January and February. The only specific Saturday

Visible Translated Text Is As Follows: 186troduced him to Mr. Frank. There isn't a word of truth in that. I have never gone down in the basement with this fellow Dalton. I don't even know where the basement is at all. I have never been anywhere in the factory, except at my work.CROSS EXAMINATION.I have never been in jail. Mr. W. M. Smith got me out of jail. Somebody told a tale on me, that's why I was put in jail. I don't know what they charged me with; they accused me of fornication.RE-DIRECT EXAMINATION.I never was tried. I never