Leo Frank TV

Visible Translated Text Is As Follows: Avenue car reached Broad Street at 12:07. The Court permitted this and other like testimony to be introduced as tending to discredit their statements that the car was on schedule time that day. In doing this the Court erred, for the fact that the English Avenue car was ahead of time as much as four minutes on other days did not indicate that it was ahead of time on the day of the murder.89. Because the Court erred, over the objection of the defendant that the same was irrelevant and immaterial and prejudicial to

Visible Translated Text Is As Follows: illegal and prejudicial to the defendant, permitted the solicitor-general to ask the following questions, and the witness, Mrs. Mary E. Wallace, to make the following answers:Q. I will ask you now if you are acquainted with his general character for lasciviousness; that is, as to his (Frank's) attitude towards girls and women?A. Yes, sir.Q. Is that good or bad?A. Bad.The Court admitted the above questions and answers, over the objection of the defendant as above stated, and thereby erred, for the reasons stated.87. Because the Court, over the objection of the defendant, made at

Visible Translated Text Is As Follows: Q. Not very much? Well, answer the question: yes or no; are you acquainted?A. All right, she said, not very much.The Court admitted the above questions and answers, over the objection of defendant as above stated, and thereby erred, for the reasons stated.83. Because the Court, over the objection of the defendant, made at the time the evidence was offered, that the same was immaterial, incompetent, illegal and prejudicial to the defendant, permitted the solicitor-general to ask the following questions, and the witness, Miss Marie Carst, to make his (Frank's) general character for lasciviousness;

Visible Translated Text Is As Follows: (b)--The sayings and actings of Conley, as aforesaid, not under oath, had and 'made without cross-examination, and reported by the witness to the Court, the net result of which is a repetition of Conley's statement, without the sanction of an oath.(c) That Conley went to the factory immediately after making his last affidavit; that that last affidavit is not the way he made the story on the-stand; that he tells it wholly differently on the stand; at least differently in many particulars; that it can not help the jury (Conley to go to illustrate

Visible Translated Text Is As Follows: carry it back, and he put the body on his shoulder and carried it back to this sawdust which is away back here, and that he came on back, and he said there was some things in here which he threw on this trash pile, and Mr. Frank, he said, was up in the cubby hole, he came out somewhere back there— and later he led us up there—and that Mr. Frank told him to run the elevator up; so Conley and the officers and Mr. Frank got us who were with him came

Visible Translated Text Is As Follows: prejudice in the minds of the jurors against the defendant; and, not to illustrate the question of whether he was or was not the murderer of Mary Phagan. The Court overruled these objections and let the testimony go to the jury; and in doing so, movant contends, erred for the reasons above stated.79. Because the Court permitted the witness, Harlee Branch, at the instance of the solicitor-general, to testify to incidents at the pencil factory, wherein Conley, after having made the third affidavit, purported to re-enact the occurrence of the murder between himself and

Visible Translated Text Is As Follows: When the jury was finally charged by the Court, and the case submitted to them, and when Mr. Dorsey left the court room, a large crowd on the outside of the court house, and in the streets, cheered by yelling, and clapping hands, and yelling "Hurrah for Dorsey."When it was announced that the jury had agreed upon a verdict, crowds had thronged the court room to such an extent that the Court felt bound to clear the court room before receiving the verdict. This the Court did. But, when the verdict of the jury

Visible Translated Text Is As Follows: 75. Because this defendant, as he contends, 'did not have a fair and impartial jury trial, guaranteed to him under the laws of this State, for the following reasons, to-wit: 'Public sentiment seemed to the Court to be greatly against him. The court room was a small room, and during the argument of the case so far as the Court could see about every seat in the court room was taken, in and without the bar, and the aisles at each end of the court room were packed with spectators. The jury, in going

Visible Translated Text Is As Follows: had been influenced by the fact that certain physicians called were the family physicians of some of the jurors. In discussing it, the solicitor said: "It would not surprise me if these able, astute gentlemen, vigilant as they have shown themselves to be, did not go out and get some doctors who have been the family physicians, who are well known to some of the members of this jury, for the effect it might have upon you when I am going to show that there must have been something besides the training of these

Visible Translated Text Is As Follows: This address of the solicitor was made in the hearing, and in the presence of the jury, without any protest or comment on the part of the Court.The defendant made no objection to this argument at the time same was being had, for the reason that similar argument made by Mr. Hooper had been objected to by counsel, and their objection overruled. The objection made to the argument of Mr. Hooper was not here repeated, for the reason that the Court had stated, in the outset of the case, that objection once noted in

Visible Translated Text Is As Follows: on cross examination if these statements in this affidavit were true, and had denied that these statements were true.69. Because the Court erred in permitting Mr. Hooper, for the State, to argue to the jury that the failure of the defense to cross-examine the female witnesses who, in behalf of the State, had testified to the bad character of Frank for lasciviousness, was strong evidence of the fact that, if the defendant had cross-examined them, they would have testified to individual incidents of immorality on the part of Frank; that the defendant's knowledge that

Visible Translated Text Is As Follows: the poll of the jury, which was then in progress, and not finished. Indeed, so great was the noise and confusion without that the Court heard the responses of the jurors during the polling with some difficulty. The Court was about 10 feet from the jury. In the court room was the jury, lawyers, newspaper men, and officers of the court, and among them there was no disorder.The polling of the jury is an important part of the trial. It is inconceivable that any juror, even if he was not his own, to announce

Visible Translated Text Is As Follows: Court of his own motion cleared the room before the jury announced their verdict. When the verdict of guilty was rendered, the fact of the rendition of such verdict was signaled to the crowd on the outside, which consisted of a large concourse and crowd of people standing upon Hunter and Pryor Streets. Immediately upon receiving such signal and while the court was engaged in polling the jury and before the polling ended, great shouts arose from the people on the outside, expressing gratification. Great applauding, shouting and halloing was heard on the streets

Visible Translated Text Is As Follows: stration. Defendant's counsel complained of the conduct of the spectators in the court room. The Court gave no relief except directing the sheriff to find out who was making the noise.(c) During the examination by Mr. Arnold, counsel for the defendant, of V. H. Kreighaber, a witness for the defense, there was laughter in the audience sufficiently generally distributed throughout the audience and loud enough to interfere with the examination. Mr. Arnold called the Court's attention to the interruption for the purpose of obtaining some action from the Court thereon.The Court stated that if

Visible Translated Text Is As Follows: The Court paid no further attention to this applause than to ask, "What is the matter with you over there?"In failing to grant the mistrial requested, the Court erred. The motion, taken in connection with the admitted and proven facts, movant contends, clearly show that the defendant was not having a fair trial by reason of the great excitement of the crowd. The court room was in an exceedingly small building, on the ground floor, and was crowded during the whole of the trial and defendant contends that this prejudice and animosity of the

Visible Translated Text Is As Follows: the court house and, in the hearing of the jury, cheered and shouted 'Hurrah for Dorsey' in the hearing of the jury.That on Saturday, August 23, 1913, while the trial was still on, and when the court adjourned and Mr. Dorsey emerged from the court room a large crowd, standing on the street, applauded and cheered Mr. Dorsey, shouting 'Hurrah for Dorsey.'The jury occupied a room in a cafe.About 100 feet away, and a portion of the crowd moved up in front of the cafe, which was open at lunch, and in the hearing

Visible Translated Text Is As Follows: This request was submitted in writing and was handed to the court before the jury had retired to consider of their verdict and before the court began his charge to the jury.This request was a legal and pertinent one, particularly adjusted to the facts of the case and should have been given, and the Court in declining to give it committed error, although the general principle involved may have been given in the original charge.63. Because the Court declined to give the following pertinent legal charge in the language requested:"No presumption can arise against

Visible Translated Text Is As Follows: 60. Because the Court refused to give the following pertinent legal charge in the language requested:"The jury are instructed that if under the evidence they believe the theory that another person committed this crime is just as reasonable and just as likely to have occurred as the theory that the defendant committed the crime, that then the evidence would not in a legal sense have excluded every other reasonable hypothesis than that of the prisoner's guilt and you should acquit him."This request was submitted in writing and was handed to the Court before the

Visible Translated Text Is As Follows: 57. Because the Court permitted the witness Miss Dewie Hewell, over the objection of the defendant that the same was irrelevant, immaterial, incompetent, illegal and dealt with separate and distinct matters and issues from this case, to testify:"I am now staying in the Station House. Before I came to Atlanta to testify I was in Cincinnati, Ohio, in the Home of the Good Shepherd. I worked at the Pencil Company during February and March, 1913. I quit there in March. I worked on the fourth floor and worked in the metal room, too. I

Visible Translated Text Is As Follows: "I got hold of the information about Conley knowing how to write through my operatives that I had investigating while I was out of town. McWorth told me in person when I returned."The Court permitted this testimony over the defendant's objections, as above stated, and in doing so committed error. It was prejudicial to the defendant, because the solicitor contended that the failure of Frank to report the fact that Conley could write, was a circumstance against Frank's innocence, and he sought to show by the above testimony that the detectives were forced to

Visible Translated Text Is As Follows: the center of town, junction of Broad and Marietta, at 12:05. At the time Mathis was running ahead of this Fair Street car, which is due at 12:05 at the junction of Marietta and Broad Sts., the Fair Street car would be on its schedule. I have compared my watch with Mathis' watch prior to April 26th. There was at times a difference of from 20 to 30 or 40 seconds. We were both supposed to carry the right time. When I came in with my watch with Mathis' I suspect mine was correct,

Visible Translated Text Is As Follows: The Court permitted this testimony to go to the jury over the objections above stated and in doing so committed error for the reasons stated. Movant contends that this was prejudicial to the defendant because it was a material matter to determine at what time his car got to Marietta and Broad streets on the day of the murder, and it confused and misled the jury to hear testimony as to when he got there upon days other than the day of the murder.51. Because the Court permitted the witness J. C. McEwen, at

Visible Translated Text Is As Follows: Dr. Westmoreland who had once been president of the State Board of Health and Dr. Harris, who had been and was its Secretary. This row between the doctors stated is utterly-immaterial and irrelevant and was harmful to the defendant because it tended to discredit the testimony of Dr. Westmoreland who resigned from the Board and to sustain the testimony of Dr. Harris, who remained as Secretary of the Board after Dr. Westmoreland's resignation.49. Because the court permitted the witness E. H. Pickett to testify over the objection made when the testimony was offered that

Visible Translated Text Is As Follows: the members on adjournment that it was their wish that he should still continue as Secretary and Director of the Laboratory.""The President then made a short statement in support of his protest against the Secretary, and reiterated some of the charges made at the previous meeting, and in addition made objection against the Secretary's action in sending out antitoxine No. 64, which had been recalled by tests made in Washington to be of less potency than it was originally labelled and also condemning the Secretary for replacing Dr. Paulin and personally taking up the

Visible Translated Text Is As Follows: 46. Because the Court permitted the witness Mrs. J. J. Wardlaw, who before her marriage was Miss Lula McDonald, to be asked by the Solicitor-General the following questions and to make the following answers:Q. You never knew of his improper relations with any of the girls at the factory?A. No, sir.Q. Now, did you ever, do you know, or did you ever hear of a girl who went with Mr. Frank on a street car to Hapeville the Saturday before Mary Phagan was murdered?A. No, sir.Q. On the same street car with Hermes Stanton

Visible Translated Text Is As Follows: Q. Not longer than that, and he got there at 12:20, then; and what time did you go away?A. I left a little after one.Q. How much after one?A. I do not know, probably five or ten minutes.Q. One-ten then; now, how much of that time during that time you were there did it take Conley to act what he said, leaving out the conversation he had with the different men?A. That would be a difficult thing for me to estimate, while he was acting, he was acting very rapidly, he kept us on

Visible Translated Text Is As Follows: Mr. Frank got on the elevator. Mr. Frank was waiting there for him; then they brought the elevator on up to the second floor, and he had them to stop the elevator just, I suppose, foot or a little more below the landing, and he said Mr. Frank jumped off of the elevator, and went around to a point, and after getting up, he told Mr. Frank to wash his hands, and that he showed us back of the elevator where Mr. Frank was gone to a sink that he and he said he

Visible Translated Text Is As Follows: Q. Go ahead.A. He was telling his story as he went through there, and he said when he got up there, he went back and he said he found this body back in that place.Q. Go ahead and tell what he said and did.A. He was talking constantly all the way. I don't know how he made out a part of his story.Q. Go ahead now, and state what Conley did and said as he went through that factory?A. Well when he got back — After reaching this point at the rear left side

Visible Translated Text Is As Follows: Q. Well, he pushed the door open and stood in the door, did he?A. Stood in the door.Q. Looked in and smiled?A. Yes, sir.Q. Didn't you say that?A. I don't remember now, he smiled or made some kind of a face whichlooked like a smile, like smiling at Ermile Mayfield.Q. At Ermile Mayfield, that day she was undressed?A. But he didn't speak, yes sir.Q. He didn't say a word, did he?A. No, sir.Q. Did he say anything about any flirting?A. Not to us, no, sir.These questions and answers were objected to for the reasons

Visible Translated Text Is As Follows: Q. Then did you hear it talked of?A. I have heard it spoken of, but I don't remember.Q. You have heard them speak of other times when you were not there, is that correct?A. Yes, sir.Q. How many times when you were not there? That is three times you saw him; how many times did you hear them talk about it when you were not there?A. I don't remember.Q. What did they say Mr. Frank did when he would come in that dress- ing room?A. I don't remember.Q. Did he say anything those three

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

Visible Translated Text Is As Follows: Q. Who was undressing?A. Ermile Mayfield, and I came in the room, and while I was in there,Mr. Frank came to the door.Q. Mr. Frank came in the door?A. Yes, sir.Q. What did he do?A. He looked and turned around and walked out.Q. Did Mr. Frank open the door?A. Yes, he just pushed it open.Q. Pushed the door open?A. Yes, sir.Q. And looked in?A. Yes, sir.Q. And smiled?A. I don't know whether, I never notice to see whether he smiled or not,he just kind of looked at us and turned around and walked out.Q.

Visible Translated Text Is As Follows: case of murder and can not be heard in a murder trial, even when the defend-ant has put his character in issue.41. Because the Court permitted the witness W. D. MoWorth to testify,at the request of the Solicitor-General, over the objection of the defendantmade at the time the testimony was offered, that the same was immaterial,"Mr. Pierce is the head of the Pinkerton office here. I do not know wherewhere he is; the last time I saw him was Monday evening. I do not knowMr. Whitfield is (Mr. Whitfield was also a Pinkerton man).

Visible Translated Text Is As Follows: past twelve. That they were on their schedule time on April 26th and did reach that place at 12:07 or 12:07½. What other crews did at other times or even what this crew did on other oceans was wholly immaterial and in no way illustrated just what took place on the trip wherein Mary Phagan came to town. That other crews often came ahead of time or that this particular crew often came in ahead of time was wholly immaterial.38. Because during the examination by Mr. Arnold, counsel for the defendant, of V. H.

Visible Translated Text Is As Follows: 36. Because the Court permitted, at the instance of the solicitor the witness Sig Montag, to testify over the objection of defendant, made at the time the testimony was offered that same was irrelevant, immaterial, and incompetent, that he got the reports made of the crime by the Pinkertons and that they were made. That these reports were sometimes every day and then they did not come for a few days and then came again. That he practically got every day's report; that he got the report about finding the big stick and about

Visible Translated Text Is As Follows: that Frank had committed disagreeable and prejudicial acts with the witness and the final assertion of the solicitor when the Court ruled it out that he would introduce Gantt and let the Court rule on Gantt too, was highly prejudicial to the defendant. The Court erred in permitting the solicitor to make the insinuations and to indulge in the threats that he would let the Court rule on Gantt too, in the presence of the jury and without any rebuke on the part of the Court. The Court erred in not formally withdrawing these

Visible Translated Text Is As Follows: (Objection was here made by the defendant that the answer sought would be immaterial.)The Court: Well, I don't know what it is, ask him the question.Q. Didn't you tell Gantt the reason why Frank said he was going to turn you off?A. No, sir.Q. Didn't Frank tell you he was going to turn you off unless you would permit him to do with you what he wanted to do?A. No, sir.Q. No such conversation ever occurred?A. No, sir.Q. With M. Gantt, the man who was bookkeeper and was turned off there?A. No, sir, I

Visible Translated Text Is As Follows: Q. Why, Mr. Schiff, if this is the door right here and—A. Mr. Dorsey I know that factory.Q. Well, I am trying to get you to tell us if you know it; you have no objection to telling it, have you?(Here objection was made by defendant's counsel that Schiff had shown no objection to answering the questions of the Solicitor and that such questions as the one next above, which indicated that the witness did object to answering was improper.)Mr. Dorsey: I have got a right to show the feeling.The Court: Go on, now,

Visible Translated Text Is As Follows: Epps who claimed that on Saturday of the crime he accompanied Mary Phagan from a point on Bellwood Avenue to the center of the city of Atlanta, by showing that on April 27th at the house of Epps, he asked George, together with his sister, when was the last time they saw Mary Phagan. In reply, the sister of Epps said she had seen Epps on the previous Thursday, but the witness Epps said nothing about having ridden down with Mary Phagan the day of the murder but did say he had ridden to

Visible Translated Text Is As Follows: that to the State authorities; was a circumstance going to show the guilt ofFrank.27. Because the Court permitted the witness Harry Scott, to testify overthe objection of defendant's counsel, made while the testimony was offered,that the same was irrelevant, immaterial, illegal and not binding on the de-fendant, that the witness first communicated Mrs. White's statements aboutseeing a negro on the street floor of the pencil factory on April 26, 1913, toBlack, Chief Lanford, and Bass Rosser, that the information was given tothe detectives on April 28th.The Court, over the defendant's objections, permitted the above

Visible Translated Text Is As Follows: The Court: "Well, he knows what he is asking him."Upon this suggestion of the Court, that the Solicitor knew what he was doing, the spectators in the court-room applauded, creating quite a demonstration.Mr. Arnold again complained of the conduct of the spectators in the courtroom. The Court gave no relief, except directing the Sheriff to find out who was making the noise, to which Sheriff replied that he could maintain order only by clearing the court-room.25. Because the Court erred in admitting, over the defendant's objection, made at the time the testimony was offered,

Visible Translated Text Is As Follows: did not disclose the fact that Mrs. White saw the negro on April 26th, was evidence that the defendant was seeking to suppress testimony material to the discovery of the murderer.24. Because, during the trial, and on August 3, 1913, pending the motion of defendant's counsel to rule out the testimony of the witness Conley tending to show acts of perversion on the part of the defendant and acts of immorality wholly disconnected with and disassociated from this crime. (Such evidence being set out and described in grounds 13 and 14 of this motion.)The

Visible Translated Text Is As Follows: in the basement; that he saw Conley there when he went there; that some-times when he saw him in his office there would be ladies there, sometimes Conley there, but sometimes he would give a quarter, that he did that a half dozen or more times; that he went to his office about once a week for a half dozen weeks, that he saw Frank there in the evenings and in the day times; sometimes he would see cold drinks in the office, Coca-Cola, lemon limes, etc., that sometimes he saw beer in the

Visible Translated Text Is As Follows: examination showed plainly that it had not begun to dissolve, or at least, onlya very slight degree, and it indicated that the process of digestion had notgone on to any extent at the time this girl was rendered unconscious at anyrate. I wish further to state that on examination Mary Phagan's stomach Ifound that the starch she had eaten had not even the beginning of alteration;there were a few of the starch cells which had not even the beginning of the pro-cess of digestion, having changed into the substance called starch-dextrine,but these were very

Visible Translated Text Is As Follows: not give to sustain their opinions individual and isolated experiments but must answer from their knowledge of the science obtained from all sources, that . . ."Knowing the facts that cabbage would pass out of the stomach very quickly in a normal one I ascertained here digestion, and as soon as I saw the cabbage in this case, I at once felt certain that the girl either came to her death or possibly the blow on her head at any time, perhaps three quarters of an hour or half an hour or forty minutes,

Visible Translated Text Is As Follows: and said: "Mr. Frank, Chief Beavers, Chief Lanford and Scott and Conley want to talk with you, if you want to see them;" that Frank said: "No, my attorney is not here, and I have got nobody to defend me;" that his lawyer was not there, and that no one was there to listen to what might be said.The Court erred in admitting this evidence for the reasons above stated.The solicitor in his argument pressed upon the jury that the failure of Frank to face this negro and the detectives was evidence of guilt,

Visible Translated Text Is As Follows: When the solicitor first sought from the witness Conley the evidence here sought to be excluded the defendant objected because the evidence sought to be brought out would be immaterial. The Court ruled that such evidence would be immaterial, but after this ruling the solicitor brought out the direct testimony here sought to be ruled out and excluded. After the direct testimony supra had been brought out after the Court's ruling, the cross-testimony supra here sought to be withdrawn was also brought out in an effort to modify or explain the direct evidence. Under

Visible Translated Text Is As Follows: Miss Daisy Hopkins left at Christmas, because Mr. Dalton told me that she wasn't coming back. It was one Saturday. Mr. Dalton was a slim looking man and tall, with thick eye lashes, black hair, light complected, weighed about 135 pounds, about thirty-five years old. I seen him around the factory several times. The first time was somewhere along in July, when he come in there with a lady. About two weeks after that, I seen him at the door, about the last of August. The next time was just about Thanksgiving Day. Then

Visible Translated Text Is As Follows: all right, old boy, I don't want you to have anything to say to Mr. Herbert or Mr. Darley about what's going on around here.' The next time I watched was Thanksgiving day. I met Mr. Frank there about eight o'clock in the morning. He says: 'A lady will be here in a little while, me and her are going to chat. I don't want you to do no work, just watch. The lady came in about a half an hour. I didn't know her. I have never seen her working at the factory.

Visible Translated Text Is As Follows: weight, she was nice looking, had on a blue looking dress with white dots in it, had on a greyish looking coat with kind of tails on it, white stockings, white slippers andCROSS EXAMINATION"The first time I watched for Mr. Frank was sometime during last summer, about in July. I would be there sweeping and Mr. Frank come out and called me in the office. That was on a Saturday, about three o'clock. As to what Mr. Dalton would do, the young lady that worked at the factory would go out and get him

Visible Translated Text Is As Follows: "When the witness Conley was still on the stand his testimony not having been finished, the defendant, by his attorneys, moved to rule out, withdraw and exclude from the jury each and all the answers, moved to rule out, withdraw cause the same are irrelevant, immaterial, the above questions and answers, bematters and things irrelevant and disconnected with the issues of this case.After hearing argument of counsel, the Court overruled the motion to rule out, withdraw or exclude said above stated questions and answers from the jury, but permitted the same to remain before

Visible Translated Text Is As Follows: Q. What time did Mr. Holloway leave?A. Mr. Holloway left away from there about two o'clock.Q. The next time you watched was right after Christmas?A. No, sir, the next time I watched was Thanksgiving Day, then—Q. You said awhile ago September was after Thanksgiving?A. Yes, sir, after Thanksgiving day.Q. All right. Well, now, Thanksgiving Day you have told about in January, who did you see there in January, I mean who of the force?A. I disremember now who I did see in January when I was there that morning.Q. You didn't remember?A. Yes, sir,

Visible Translated Text Is As Follows: Q. That was behind Thanksgiving Day?A. Yes, sir.Q. Before or after Thanksgiving?A. This here was before Thanksgiving.Q. Haven't you said half a dozen times that you watched in September,and that was after you Thanksgiving? Haven't you told that a dozen times tothe jury?A. I said it was after Thanksgiving.Q. Yes?A. Well, September is after Thanksgiving.Q. Your understanding is that it was after Thanksgiving?A. Yes, sir, it was after Thanksgiving.Q. So that it was in September, after Thanksgiving?A. Yes, sir.Q. That is correct, now, Jim?A. Yes, sir, after Thanksgiving.Q. Yes, that is right. Well, now,

Visible Translated Text Is As Follows: Q. This year?A. Yes, sir.Q. I am not talking about that. Did you see Mr. Darley that timewhen Mr. Holloway was sick?A. When Mr. Holloway was sick, I disremember now whether I seenMr. Darley that day or not.Q. Did you see Mr. Schiff that day?A. I disremember whether I saw Mr. Schiff or not.Q. You disremember that?A. Yes, sir.Q. Did you see anybody that day?A. Yes, sir, I seen somebody that day.Q. Who?A. I saw Mr. Frank that day for one person.Q. I know; but outside of Mr. Frank, who else of the office

Visible Translated Text Is As Follows: Q. What time did he leave there?A. Well, I don't know. He left away from there somewhere about two or half past two, I reckon.Q. Well, don't reckon, please; tell what you remember?A. He left away from there about two or half past two, all right; I couldn't say just what time it was.Q. You don't know what time it was?A. He generally stayed—Q. Not what he generally did; but on that particular day—that day, what time did he leave—the first time you said you waited for Mr. Frank?A. He left away from there

Visible Translated Text Is As Follows: Q. Where did you see him the last time?A. The detectives brought him down there to the station house, andsaid had I ever seen him about in there.Q. And you told them what you knew?A. Yes, sir, I told them about what I knew.Q. And you haven't seen Mr. Dalton since?A. No, sir.Q. Now, Jim, how was Mr. Dalton dressed the first time you ever sawhim?A. - Well, I disremember now how he was dressed.Q. Can't you give us any help about that at all?A. All I can remember him having on, I think,

Visible Translated Text Is As Follows: Q. When did you see him again?A. I saw him again about two weeks after that.Q. What was he doing then?A. I just met him in the door then.Q. Met him in the door?A. Yes, sir.Q. What date was that, about when?A. I don't know; it was on a Saturday; I disremember the time.Q. That is the time you have already talked about. You have done toldabout that?A. Yes, sir, I have done told about it.Q. This morning?A. Yes, sir.Q. I don't know, somewhere about the last of August, I reckon.A. About the last

Visible Translated Text Is As Follows: Q. About how tall was he--would you say he was?A. Well, he was tall; I guess he was about as tall as that young man sitting there.Q. About as tall as this man (indicating Mr. Arnold)?A. Yes, sir.Q. Weighing about as much?A. I don't know whether he would weigh as much as that man, or not.Q. Does he look like he would weigh about that much?A. Yes, sir, he looks like he would weigh about that much.Q. Then he was about the size of Mr. Arnold, Mr. Dalton was?A. Yes, sir, just about that

Visible Translated Text Is As Follows: A. I don't know where Mr. Dalton works at.Q. When Mr. Dalton told you Christmas that she was going away, where was Mr. Dalton?A. He was there.Q. I know, but where was he when he told you that?A. He was coming out of the factory.Q. When was that?A. It was Saturday; I don't know the date.Q. You don't remember the date?A. No, sir.Q. You don't remember the date now?A. No, sir.Q. You don't remember his name?A. I know his name was Dalton.Q. What else besides Dalton?A. No, sir, I don't know his first name.Q.

Visible Translated Text Is As Follows: Q. What sort of ears did she have?A. She had ears like people.Q. Like folks?A. Yes, sir.Q. I didn't expect her to have them like a rabbit, and she didn't have,did she?A. No, sir, she didn't have ears like a rabbit.Q. Well, did she have large or small ears? - Do you remember that?A. No, sir, I didn't pay any attention to her ears, whether they werelarge or small.Q. You can't give any description of her at all now, can you, Jim?A. I can't give a description of her, except she was a white

Visible Translated Text Is As Follows: Q. He just come in there and commenced talking to you, and paid noattention to Snowball?A. He didn't know Snowball was in there.Q. In the elevator. How could he help seeing him if he was in theelevator?A. The elevator was gone down. Whenever I would get ready towork at night, he would send the elevator to the basement, and we wouldgo in the back room.Q. You were not on the elevator when you had that talk?A. No, sir, that talk was in the back room.Q. I am talking about just before Thanksgiving. You were

Visible Translated Text Is As Follows: Q. How long had Snowball worked at the factory?A. I don't know, sir.Q. Now, that time, when you watched in January, was Snowball there that day—I believe you said it was Wednesday?A. Yes, sir, I said I watched there in January.Q. Well, was Snowball there?A. I don't know whether he was or not?Q. Now, the only time you ever heard Mr. Frank say anything in front of Snowball was that time you have just mentioned? Thanksgiving, is that what you said?A. Yes, sir.Q. You heard him say something before Snowball then?A. One time was

Visible Translated Text Is As Follows: Q. Well, the third one; was Snowball there that day?A. I disremember about the third Saturday.Q. Well the next one was Thanksgiving. Did you see him Thanksgiving morning?A. I didn't see him Thanksgiving morning, but I saw him the day before Thanksgiving.Q. That is the time when you heard Mr. Frank talking in the presence of Snowball?A. Yes, sir.Q. He didn't hesitate to talk for Snowball?A. No, sir.Q. He talked before Snowball just like he did before you?A. Yes, sir.Q. The first time he did that was Thanksgiving Day, that he talked before Snowball?A.

Visible Translated Text Is As Follows: Q. Or the second day, do you know how many hours?A. No, sir.Q. Nor the third?A. No, sir.Q. Or Thanksgiving?A. No, sir.Q. Do you know how much you were paid for either one of those days?A. Yes, sir, I can tell you what I was paid Thanksgiving Day when I watched for him.Q. Well, you know what that was $1.50?A. No, sir, I said it was $1.25.Q. Well, outside of the factory, do you remember what you got for your services?A. Outside of the factory, I remember once I got a half a dollar;

Visible Translated Text Is As Follows: Q. The day after Thanksgiving. Do you remember what you had been doing that day?A. No, sir, but to my remembrance I think I came back to work the day after Thanksgiving.Q. Are you certain about that, or have you any memory at all about it?A. I think I came back to work.Q. What time did you get there?A. I don't know, sir, what time I got there.Q. What time did you leave that day?A. I don't know, sir.Q. You can't remember anything about that?A. No, sir.Q. The day before Thanksgiving, what time did

Visible Translated Text Is As Follows: Q. You don't remember about that?A. No, sir.Q. You have no memory at all about that?A. No, sir.Q. What time did you get up the first morning you watched for him?A. I couldn't tell you to save my life.Q. Nor what time you went home, you couldn't tell me?A. No, sir, I couldn't tell you.Q. You couldn't tell me anything at all about that?A. No, sir.Q. The second time you watched for him. Can you remember the time you got back to the factory?A. No, sir, I couldn't tell you what time I got

Visible Translated Text Is As Follows: Q. Of course, you don't know except from your best recollection. Then you didn't watch for him until Thanksgiving Day?A. Until Thanksgiving Day.Q. What did you do the Saturday before Thanksgiving Day?A. I don't remember what I did.Q. What did you do the Saturday after Thanksgiving Day?A. I don't know what I did.Q. And the next Saturday?A. Well, the next Saturday—I could tell you what I did that Saturday.Q. And the next Saturday?A. Well, I don't know, sir, what I did the next Saturday.Q. And the next?A. The next Saturday I did some watching

Visible Translated Text Is As Follows: Q. But I am not asking about that. I am talking about the secondSaturday?A. You asked me what I did the second Saturday, well, I don't re-member.Q. You mean you watched for him Saturday and then the secondSaturday you watched for him again?A. Then the second Saturday after that I watched for him.Q. You missed a Saturday?A. Yes, sir.Q. And then you watched the next Saturday?A. Yes, sir.Q. That is what you say about it now?A. Yes, sir, that is what I say about it now and what I said before.Q. Now the Saturday

Visible Translated Text Is As Follows: Q. Ever seen him since then?A. I seen him since he was talking to Mr. Holloway then.Q. But you don't know who he was?A. No, sir.Q. Ever saw the girl before or since?A. No, sir, never saw the girls before or since, to my remembrance I haven't.Q. Now, Jim, you were talking to me when we left off about the time you say you watched for Mr. Frank.A. Yes, sir.Q. Did you watch for him again?A. In January, yes sir.Q. Well I am talking about January. Is that the last time you watched for

Visible Translated Text Is As Follows: Q. Well, I'm sorry I cut you off, I'll open it again and give you a better chance. That was about half past seven?A. Yes, sir.Q. What floor of the factory?A. I can't remember now just what floor it was on.Q. You didn't see anybody at the time except Mr. Holloway?A. I saw Gordon Bailey; me and him was on the elevator together.Q. He was talking to you so Gordon Bailey could hear him?A. I don't know, sir, I reckon he could hear; he was talking so he could hear.Q. He was talking so

Visible Translated Text Is As Follows: Q. That was in the dead of winter, then?A. Yes, sir, in the dead of winter.Q. About when?A. About January, I reckon.Q. About the middle of January, or what?A. I don't know, middle, first or last, I don't know-somewhere in January.Q. How do you know it was somewhere in January?A. Because it was right after the first of the year.Q. Well, if it was right after the first of the year, you know what timeit was in January?A. I said somewhere about the first or middle.Q. Well, was it in middle, or first, or

Visible Translated Text Is As Follows: Q. Where did you go when you left there on Hunter and Forsyth Street.A. I went to the beer saloon over there on Hunter and Forsyth Street.Q. How long did you stay there?A. I don't know, sir; about an hour, I reckon.Q. Then went home?A. No, sir, I went to Peters Street and stayed a good while.Q. Drank some more beer over there?A. No, sir, I didn't drink no beer over there.Q. Didn't drink but one beer that day?A. I don't know, sir, how many I drank at that saloon on Forsyth andHunter.Q. About

Visible Translated Text Is As Follows: Q. Then the lady came down?A. No, sir, Mr. Frank come down—Q. He left the lady up there?A. No, sir, Mr. Frank come down to the two doors and unlocked thedoors and went on—come back, and says: "Everything all right?" I says:"Yes, sir." He went to the front door and fixed the lock, unlocked the frontdoor hisself, he went and looked up the street and turned it, that (illustrating) andcome to the steps and taken the knob and turned it, there at the head of thestair door, and told her to "come on."Q. He

Visible Translated Text Is As Follows: Q. You didn't say you saw them go in?A. No, sir, I said I heard them go towards it.Q. And you didn't say you heard them go in?A. No, sir, I said I heard them go towards his office.Q. But you didn't see the others?A. I don't remember saying I seen the others.Q. Now she came, and she went up and walked towards Mr. Frank's office, and stamped?A. Mr. Frank came out there and stamped.Q. Where did he come to and stamp?A. Came to the trash barrel where he told me—Q. You mean upstairs?A.

Visible Translated Text Is As Follows: Q. What time?A. Somewhere near eight o'clock.Q. What did you have to do there?A. I had to stack some boxes up on the fourth floor.Q. Eighth floor?A. No, sir. I said fourth floor.Q. That was about Thanksgiving Day?A. Yes, sir.Q. Was it the same week of Thanksgiving you saw her up there?A. I don't know, sir, whether it was the same week of Thanksgiving, but somewhere near Thanksgiving; it wasn't many days.Q. How was she dressed that night?A. I disremember how she was dressed that night.Q. What sort of looking face did she have?A.

Visible Translated Text Is As Follows: Q. And then the next time, now, was Thanksgiving Day?A. Yes sir, the next time was Thanksgiving Day.Q. What hour was it Thanksgiving Day?A. I don't know, sir, what hour; I met Mr. Frank there that morning about eight o'clock.Q. Anybody else there?A. I didn't see anybody else there.Q. Where did you meet him, then?A. I met Mr. Frank right at the door; I was sitting on the box when he come in.Q. That's when he mentioned it to you again?A. That's when he took me on the inside and told me--Q. Tell me

Visible Translated Text Is As Follows: Q. Now, Jim, don't everybody in that factory know Jim Conley?A. No, sir, didn't everybody in that factory know me.Q. Give me one of them?A. I don't know, sir, I don't know whether they all knew me or not.Q. Didn't the lady go up and down on the elevator at all?A. No, sir, the girls never did.Q. You swept on the fourth floor?A. Yes, sir, I swept on the fourth floor a while.Q. How long did you sweep on the fourth floor?A. Been sweeping up there ever since last January.Q. You saw that little

Visible Translated Text Is As Follows: Q. You don't know what a brunette is?A. No, sir.Q. Did she have light hair?A. She had hair like Mr. Hooper's.Q. What sort of clothes did she have on?A. She had on a green suit of clothes.Q. Green all over?A. As far as I could see.Q. What kind of shoes and stockings did she have on?A. I didn't pay no attention to her shoes and stockings.Q. But Miss Daisy Hopkins, what sort of clothes did she have on the first time she came down there?A. The first time that she came there she had

Visible Translated Text Is As Follows: Q. Where was you when he told you?A. Right at the elevator.Q. Was it before twelve o'clock?A. I don't know, sir, whether it was twelve o'clock or not.Q. After twelve?A. I don't know whether it was after twelve or not.Q. You don't know anything about that, you can't remember that?A. No, sir.Q. Anybody standing around there then?A. There was Gordon Bailey standing there.Q. That's Snowball?A. Yes, sir.Q. Anybody else there?A. Not to my knowing, it wasn't.Q. Wasn't the office force there at that time?A. They were not standing at the elevator; they were back

Visible Translated Text Is As Follows: Q. Did he know whether you were through or not?A. I don't know, sir, whether he did or not.Q. He gave you some money?A. He gave me half a dollar.Q. And the other time they didn't give you but a quarter.Q. Then you left?A. Yes, sir.Q. Give the next time?A. Pretty hard for me to remember.Q. It was Thanksgiving Day, the next time, wasn't it?A. No, sir, it wasn't Thanksgiving Day, the next time; I had watchedfor him and Mr. Dalton, too, before that Thanksgiving Day.Q. Give us the best you can, or the

Visible Translated Text Is As Follows: Q. When you went down, she was in Mr. Frank's office?A. No, sir, I was standing at the clock, and saw her go into Mr. Frank'soffice.Q. Then you went down and watched?A. Yes, sir, I went down and watched.Q. Did you hear her come out of that office?A. No, sir.Q. Didn't you say a while ago that, while you were at the door, youheard these other people coming out of his office?A. No, sir, I said this—this was what I said: after I got to the top ofthe steps I could hear them going

Visible Translated Text Is As Follows: Q. You remember that distinctly?A. Yes, sir.Q. What time did he go to dinner that day?A. I don't know, sir, what time he went to dinner that day; I wasn't there when he went to dinner.Q. What time did he get back that day?A. That was somewhere near a quarter past two. I saw him going up the steps with his clothes and his hat on. I don't know where he had been.Q. What was the next that happened?A. He went in his office next that happened?Q. Then what was the next that happened?A.

Visible Translated Text Is As Follows: Q. Then he came out behind you and left?A. Yes, sir.Q. Now, that's the first time?A. Yes, sir.Q. Now, when was the next Saturday?A. The next Saturday was two weeks after that, near the same thing.Q. Well, what was the same thing or not?A. Well, it was about two weeks after that.Q. Was that in August or in July?A. Well, it was about the last of July or the first of August.Q. Now, do you remember the date?A. Where did I go?Q. Yes, sir; I drawed your money that time; did you draw it?A.

Visible Translated Text Is As Follows: Q. First time anybody ever asked you or talked to you about it?A. Yes, sir.Q. Now, they went down the basement?A. Yes, sir.Q. How long did they stay there?A. I don't know, sir, how long they stayed there.Q. What became of them?A. Well, they came back up.Q. About what time?A. I couldn't give no time, because I don't know what time it was when they went down there.Q. Well, about what time?A. I don't know, sir; I couldn't give you what time they came back up.Q. It was after 3:30 when this whole thing

Visible Translated Text Is As Follows: a trap door and stairway that leads down in the basement, and they pull outthat trap door and go down in the basement.Q. And that time, she came down and says: "All right, James?"A. Yes, sir.Q. She knew you?A. Yes, sir.Q. Because she worked in the office?A. No, sir; she didn't work in the office; she worked on the fourth floor.Q. Then you went through that door—a door right behind the elevator?A. No, sir; there isn't a door back of the elevator; there's a big woodendoor, just a step there; it goes back in

Visible Translated Text Is As Follows: Q. She went with the man?A. No, sir, she went out by herself to get the man and come back with the man.Q. How long was she gone?A. I don't know, sir, how long.Q. And that was about half past three?A. Yes, sir.Q. The beginning of that transaction was about half past three?A. Yes, sir.Q. How long was she gone?A. I don't know, sir, how long she was gone.Q. You don't know how long she was gone?A. No, sir; I don't know how long she was gone.Q. Was she back after awhile?A. Yes, sir.Q.

Visible Translated Text Is As Follows: Q. That time--that particular time, I mean?A. Well, I would be sweeping.Q. I'm talking about that time--that particular time?A. When he told me to watch?Q. Yes, what did he say to you when you told you?A. I'm going to explain to you now--Q. That particular time, now?A. Yes, sir.Q. Give it to me, now?A. I would be there sweeping--Q. Oh, don't give me what you would be doing. I want to know about that particular time?A. I was at the factory.Q. Where?A. Sweeping on the second floor.Q. Now, what time was that?A. Somewhere about

Visible Translated Text Is As Follows: Q. Now, you said you watched for Mr. Frank?A. Yes, sir.Q. When was the first time you ever watched for Mr. Frank?A. The first time I ever watched for Mr. Frank alone and knowed he was in the office—Q. When was the first time you ever watched for Mr. Frank alone or with somebody else? Don't make any difference.A. I couldn't exactly give you the—Q. Tell us the best you can?A. Some time during last summer, when I was watching for him.Q. Tell us the first time, now?A. Yes, sir.Q. Whereasabouts in the summer;

Visible Translated Text Is As Follows: Q. What kind of a looking woman?A. She was a tall, heavy built lady.Q. What did you do on that occasion?A. I stayed down there and watched the door as he had told me to do this last time.Q. Then what was done?A. Well, after the lady came and he stamped for me, I went and unlocked the door as he said. He told me when he got through with the lady he would whistle, and when he whistled for me to go and unlock the door.Q. That was on Thanksgiving day of what

Visible Translated Text Is As Follows: evidence sought was irrelevant and immaterial. The Court ruled that the evidence would be immaterial, but further questions were asked by the solicitor and elicited the evidence here complained of.While Conley was still on the stand, and after cross examination a day and a half on other subjects, defendant's counsel made a motion to rule out, exclude and withdraw from the jury all the-testimony, both direct and on cross, detailing Frank's associations with women and Conley's watching at other times than the Saturday of the murder, to-wit: April 26, 1913. Said motion was made

Visible Translated Text Is As Follows: the Movant contends this evidence was highly prejudicial, and the failure of the Court, upon proper motion, to rule it out was a great injury to the defendant. And the failure of the Court to rule out said prejudicial and irrelevant and immaterial evidence is here assigned as error and a new trial should be granted because said evidence was illegal, irrelevant and highly prejudicial and involved other transactions not legitimate under investigation, and the same amounted to accusing the defendant of other and independent crimes.11. Because the witness Conley, at the instance of

Visible Translated Text Is As Follows: 9. Because the Court, over objection made by the defendant at the time the same was offered, that it was immaterial and irrelevant, permitted the witness Darley to testify that on the morning the body was found Newt Lee was composed.Defendant objected to this evidence as illegal, irrelevant and prejudicial to defendant which objection was overruled and movant assigns its admission as error for said same reasons.This evidence was not only irrelevant and immaterial, as movant contends, but hurtful, because this evidence was heard upon the theory of comparison between the conduct of Lee

Visible Translated Text Is As Follows: ceded by the State that these dotted lines and crosses were no part of nor represented any part of the building but were put in the picture for the purpose of illustrating the theory of the State, as showing where the body was found and where it was carried.The admission of the picture in evidence, with the lines and crosses thereon, was, when offered, objected to because, as movant contends, it was argumentative, representing and illustrating the State's view of the case by means of red lines and crosses, which was no part of,

Visible Translated Text Is As Follows: 2. Because the Court erred in permitting, over objections the witness Lee to testify that Frank, on April 29th, when alone with him at the station house, talked to him a shorter time than did Mr. Arnold, one of Frank's attorneys, when he interviewed the witness just before he talked to Lee.The detectives had induced Frank to talk with Lee alone on April 29th at the station house for the purpose of inducing Lee to talk. Mr. Arnold, in the presence of Lee's attorney, and the jailer, had interviewed Lee just before the present

Visible Translated Text Is As Follows: that until such time as this motion may be heard and decided, that the movant have full leave to amend this motion for new trial.This 26th day of August, 1913.L. S. ROAN,Judge S. C. Stone Mountain Circuit,Presiding.GEORGIA, FULTON COUNTY :Service acknowledged. Copy received. All other and further service waived.This Aug. 27, 1913.F. A. HOOPER,HUGH M. DORSEY,R. A. STEPHENS,Solicitor General, Fulton County, Georgia.We further agree to the order within giving time to prepare and file a legal brief of the evidence. Aug. 27, 1913.HUGH M. DORSEY,Solicitor general.AMENDED MOTION FOR NEW TRIAL.GEORGIA, FULTON COUNTY. No.State of

Visible Translated Text Is As Follows: ORIGINAL MOTION FOR NEW TRIALSTATE OF GEORGIAvs.LEO M. FRANKCONVICTION OF MURDERIN FULTON SUPERIOR COURT.MOTION FOR NEW TRIALAnd now comes the defendant in the above stated case and moves the court for a new trial upon the grounds following, to-wit:1. The verdict is contrary to the evidence.2. The verdict is contrary to the law.3. The verdict is against the weight of the evidence.4. The court, over the objection of the defendant, heard evidence of other transactions and tending to establish other crimes and offenses, wholly separate and distinct from the charge in the Bill of

Visible Translated Text Is As Follows: INDEX—Continued.GROUND 36 .................................................. Page 68" 37 .................................................. " 68" 38 .................................................. " 69" 39 .................................................. " 69" 40 .................................................. " 70" 41 .................................................. " 71" 42 .................................................. " 71" 43 .................................................. " 71" 44 .................................................. " 75" 45 .................................................. " 78" 46 .................................................. " 79" 47 .................................................. " 80" 48 .................................................. " 80" 49 .................................................. " 82" 50 .................................................. " 82" 51 .................................................. " 83" 52 .................................................. " 84" 53 .................................................. " 84" 54 .................................................. " 84" 55 .................................................. " 85" 56 .................................................. " 85" 57 .................................................. " 86" 58 .................................................. " 86" 59

Visible Translated Text Is As Follows: INDEX.PART I.MOTION FOR NEW TRIAL........ Page 1PART II.AMENDED MOTION FOR NEW TRIAL....... Pages 2 to 122GROUND 1 ........................ Page 2" 2 ........................ " 3" 3 ........................ " 3" 4 ........................ " 3" 5 ........................ " 3" 6 ........................ " 4" 7 ........................ " 4" 8 ........................ " 4" 9 ........................ " 5" 10 ........................ " 5" 11 ........................ " 6" 12 ........................ " 6" 13 ........................ " 7" 14 ........................ " 51" 15 ........................ " 55" 16 ........................ " 55" 17 ........................ " 56" 18 ........................ " 56" 19 ........................ " 56" 20 ........................

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Visible Translated Text Is As Follows: LEO M. FRANK,Plaintiff in error,vs.THE STATE OF GEORGIA,Defendant in error.

Visible Translated Text Is As Follows: Motion for Re-hearingFiled in officeFebruary 27, 1915J. E. & S. C. SmithAttorneys forDefendant in ErrorState of GeorgiavsLeo M. FrankPlaintiff in ErrorIn Supreme Court of GeorgiaNo. 300

Visible Translated Text Is As Follows: The undersigned, L. Z. Rosser, Reuben R. Arnold, Herbert Haas and Leonard Haas, do hereby certify that they are counsel for plaintiff in error in the case above stated, and that upon careful examination of the opinion of the Supreme Court therein, - they, and each of them believe that the facts set forth in the foregoing motion for re-hearing have been overlooked.This 24th, day of February, 1914,Attorneys for Plaintiff in Error.

Visible Translated Text Is As Follows: 21. Plaintiff in error shows that in the 169th and note, the court recited that where the order over ruling the motion for new trial contains nothing which could indicate that the Judge was dissatisfied with the verdict or that he failed to exercise his discretion "the Supreme Court will not inquire whether the Judge is exercising discretion under or by remarks by him, pending the disposition of the motion."Plaintiff in error contends that the remarks made by the Judge which form the basis of the ground under consideration, were not merely made pending

Visible Translated Text Is As Follows: ahead of schedule.In the body of the opinion, the testimony of the state whichwas introduced is showing the time of arrival of the car was that of an in-spector who testified that once or twice he had timed it, and that the testi-mony running in ahead of schedule time, and two other witnesses who testi-fied that they were operatives on the line in question and that they hadknown the car to come in several minutes ahead of schedule time. Thereis no distinct notice in the opinion of the witness Owens whose only testimonyrelated to

Visible Translated Text Is As Follows: in his belief that his verdict was in no way affected by the demonstration during the progress of the trial or by that which subsequently occurred while the jury were considering their verdict. But the question is not whether in effect the jurors were influenced by this demonstration, but were the demonstrations calculated to influence the jurors in their action." And the court proceed to cite the Wolfolk case, 81st Ga., 751 and the case of Smith vs Lovejoy, 62nd Ga., 592, in which the court held in fact that the affidavits of jurors

Visible Translated Text Is As Follows: 10. Because the court in rendering the decision in said case, andin the 17th head note and in the 17th division of the opinion, held (asthe head note reads) "From the evidence, the court is authorized tofind that the jury was not influenced to give other than true answersto the questions propounded," By a loud yelling from persons on the outside of the courthouse which took place while the polling of the jury wasbeing taken; and further on, in the body of the opinion, under division17, the court use the following language upon this

Visible Translated Text Is As Follows: error committed, as is disclosed from an inspection of the ground here quoted, was material. The fact alleged herein to be overlooked in this ground was discussed in the brief filed by plaintiff in error, as will appear from page 45 of the reply brief filed in this case.17. Because the court in rendering the decision in said case, overlooked the following material facts, to-wit: Ground 35 of the motion for New Trial, which reads as follows:"Because the Court permitted, at the instance of the Solicitor-General, the witness Sig. Montag, to testify over the

Visible Translated Text Is As Follows: "The clock of the pencil company was not accurate. They may vary all the way from three to five minutes in 24 hours. The Court admitted this testimony over the objections made and in doing so committed error, for the reasons stated. This was prejudicial to the defendant, because whether the clocks were or were not accurate on April 26th was material to his defense. The witness Grant had not worked at the factory for three weeks and did not know that the clocks were not keeping accurate time three weeks before the trial.

Visible Translated Text Is As Follows: overlooked, and which was not considered in said decision as appears from the face therof. Plaintiff in error says that the error committed, as is disclosed from an inspection of the ground here quoted, was material. The fact alleged herein to be overlooked in this ground was discussed in the brief filed by plaintiff in error, as will appear from pages 298 to 300 of the brief filed in this case.14. Because the court in rendering the decision in said case, overlooked the following material facts, to-wit: Ground 54 of the Motion for New

Visible Translated Text Is As Follows: 12. Because the court in rendering the decision in saidcase, overlooked thefollowing material facts, to-wit: Ground 55of the motion for New Trial, which reads as follows:"Because the Court permitted the witness L. H. Kendrickover the objection of the defendant, made at the time theevidence was offered that the same was irrelevant, immaterialand incompetent, to testify substantially as follows:'I worked at the factory for two years. When I worked thereI needed the time about 5:24 o'clock. You would have to changeit from about three to five minutes, I reckon.' have to changethe clock permitted the

Visible Translated Text Is As Follows: Said ground just quoted set up material facts constituting error in said case, which the Court in the decision rendered, overlooked, and which were not considered in said decision, and appears from the face thereof. Plaintiff in error says that the error committed, as is disclosed from an inspection of the ground here quoted, was material. The facts alleged herein to be overlooked in this ground, were discussed in the brief filed by plaintiff in error, as will appear from pages 269 to 292 of the original brief, filed in this case.

Visible Translated Text Is As Follows: were not considered in the decision, which appears from the face thereof.Plaintiff in error says that the error committed, as is disclosed from aninspection of the grounds here quoted, was material. The facts allegedherein to be overlooked in this ground were discussed in the brief filedby plaintiff in error, as will appear from pages 213 to 215 of the originalbrief, filed in this case.10. - Because the Court, in rendering the decision in said case, over-looked the following material facts in the record, to-wit, Ground 32 ofthe motion for new trial, which reads as

Visible Translated Text Is As Follows: disclosed from an inspection of the ground hereof, was material.The facts alleged herein to be overlooked in this ground were discussedin the brief filed by the plaintiff in error, as will appear from pages213 to 215 of the brief filed in this case.

Visible Translated Text Is As Follows: to 141 of the brief filed in this case.6. Because the court in rendering the decision in said case, overlooked the following material facts in the record, to-wit:16 of the motion for new trial, which reads as follows:"Because the court erred in admitting over objection of defendant, material and not binding on Frank, permitted the witness White, to testify that Arthur White, her husband, and Campbell are both connected with the Pencil Company and that she never reported, seeing the negro on April 26th, 1913, which she testified she did see in the pencil

Visible Translated Text Is As Follows: 135 to 137 of the Brief filed in this case.4. Because the court in rendering the decision in said case, overlooked the following material facts in the record, to-wit: ground two of the motion for new trial, which reads as follows:"Because the court erred in permitting over objections the witness Lee to testify that Frank, on April 26th, when alone with him at 6 o'clock in the morning, talked to him a shorter time than did W. P. Arnold, one of Frank's attorneys, when he interviewed the witness just before the trial. The detectives

Visible Translated Text Is As Follows: testimony was offered that the same was material, illegal and incompetent, to testify substantially as follows: The ladies' dressing room on 1 have seen Miss Rebecca Carson come into the ladies' dressing room on the fourth floor with Leo M. Frank and saw them working hours, hours.She then came in and saw them one out during working hours.The court permitted this testimony to go to the jury over the objection of the defendant made as is foresaid and in doing so committed error.The court stated that this evidence was admitted to dispute the witnesses

Visible Translated Text Is As Follows: Leo M. Frank,Plaintiff in Error,vsState of Georgia,Defendant in error.3311 of October Term,From Fulton Superior Court.Hon. Geo. E. Gordon, Judge.Petition for affirmance on February 17th,1914.Motion for Re-Hearing.And now comes Leo M. Frank, Plaintiff in error in the case above stated, who was the losing party therein, and at the same time as which the decision was rendered, and before the remittitur in said case has been forwarded to the clerk of the trial court, and files this his motion for re-hearing, on the grounds following, to-wit:I. Because the court in rendering the decision in said

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Visible Translated Text Is As Follows: STATE OF GEORGIA,County of Fulton.I Hereby Certify, That the foregoing pages, hereunto attached, contain a true Transcript of such parts of the record as are specified in the Bill of Exceptions and required, by the order of the Presiding Judge, to be sent to the Supreme Court of Georgia, in the case ofLEO M. FRANK,Plaintiff in Error.Vs.THE STATE OF GEORGIA,Defendant in Error.Witness my signature and the seal of Court affixed this the 10th day of November 1913Clerk Superior Court Fulton County, GeorgiaEx-Officio Clerk City Court of AtlantaIn Poor Condition

Visible Translated Text Is As Follows: The within and foregoing pages are hereby approved as a true, correct and complete brief of the evidence in the case herein referred to. October 31, 1913.(signed) L. S. Roan,J.S.C. - St. Jt. Ct.Filed in office 31st Oct. 1913John H. JonesDeputy Clerk4449In Poor Condition

Visible Translated Text Is As Follows: my first statement. I made the statement that I went to the pencil factory on Friday, April 25th, and went in Mr. Frank's office at five minutes to one, which is a mistake. I make this statement in regard to Friday in order that I might not be accused of knowing anything of this murder, for I thought if I put myself there on Saturday they might accuse me of having a hand in it, and I now make my SECOND and LAST STATEMENT regarding the matter freely and voluntarily, after thinking over the

Visible Translated Text Is As Follows: the State there was necessity for same,Wherefore this Respondent agrees to the passage of an orderrevoking former orders in this case, and waives his presence atthe Court, upon a hearing of same.(signed) wm. i. smith,Attorney for James Conley.Georgia, Fulton County.Personally appeared before the undersigned attestingofficer, James Conley, who after being duly sworn deposes andswears that the facts set out in the above and foregoing responseso far as they come within his own personal belief are true and wherederived from the information of others he believes them to be true.Sworn to and subscribed before methis

Visible Translated Text Is As Follows: Placed about, it is an absolute impossibility for the best glass in the world or the best trained deputies to know exactly what is going on at any and all times or any reasonable part of the time; that the keys to practically all of "the cell blocks are carried by "convicted criminals", known as "trusties", who turn in and out parties entering or leaving cell blocks, and while they have general instructions covering their work, it is an impossibility for the inside deputy to know whether he is discharging his duty properly at

Visible Translated Text Is As Follows: 3. Respondent shows to the court that the city police prison is so arranged and so officered, that respondent is absolutely safe as to his physical welfare, that any attack that might be made upon him, that he is as safe from harm in his cell in a solitary one, there being no one else even confined in that cell block with him; that the key to this cell block is kept in cell block 8, in all ways in the possession of a sworn and uniformed officer of the city, under the instructions

Visible Translated Text Is As Follows: Georgia,Fulton County.Read and considered, it is ordered that this petition and order be filed and duly entered upon order that said named suspects in connection with the Phagan murder, and now held in common jail of said county, to wit, Leo M. Frank and Newt Lee, be either personally or by serving their attorneys, and either citizens of said county who may receive this notice by publication or otherwise, may show cause before me, Friday, the 13th day of June, at 10 o'clock a.m. or as soon thereafter as the matter can be heard

Visible Translated Text Is As Follows: The above and foregoing petition read and considered,Let the said James Connelly be taken into custody by theSheriff of said County or Fulton, and be confined in the commonJail of said County, until discharged by further order of thiscourt.Let the said James Connelly be served with a copy of this order andthe petition on which it is based, and let him be released on saidConnelly may be assessed in a reasonable sum upon proper applicationto the Court and after reasonable notice in writing to theSolicitor General of the Circuit. It appearing to me that

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 94.Court proceedings under which Jim Conley was released fromFulton County Jail upon petition of Solicitor Hugh H. Dorsey:"The State,vs,Leo M. Frank, ) No.) In Fulton Superior Court, May Term, 1913.) Indictment for Murder.The petition of Hugh H. Dorsey, Solicitor General of theAtlanta Circuit, including Fulton County, respectfully shows:1.-James Connelly is a material witness for the state in theabove stated case.2.-Petitioner is apprehensive that said Connelly may not beforthcoming as a witness at the trial of the above named defendant,unless detained in custody.3.-Said Connelly has been detained since May 1st, 1913, by thepolice

Visible Translated Text Is As Follows: Defendant's exhibit 92 (Cont'd)they had gotten through, Mr. Frank left the factory about 1 P.M. Saturday, while white and Denham were still on the top floor. Mr. Frank Chen went to his home, to his dinner, returning to the factory about 3 P.M., and as both white and Denham were through with their work, there was no one else there. They left about 3:30 P.M. as far as Mr. Frank knows he was the only person at the factory after that hour. On Friday, Mr. Frank had instructed his negro night watchman, Newt Lee,

Visible Translated Text Is As Follows: (defendant's exhibit 91 (cont'a)came there, he told him that it would not be necessary for himto work just at that time, that he could go out onthe street and enjoy himself for four hours, then come out tothe factory at 6 o'clock in the evening from 6 to 6:30, ando'clock. Frank stated that he went on duty and worked until sixlee returned at 6 o'clock, went on duty and frank left the buildingat about 6:15. On his way out he saw lee sitting on a packingbox outside the door of the factory talking to

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 90.Testimony of Lewett Lee before the Coroner's inquest as follows;"The (Mr.Gantt) says 'I would like to have them(shoes) because I got to go to work Monday.'I says 'I can't let you in there unless Mr.Frank says so.He says 'Is Mr.Frank there?'I says, yes . if you want me I will go up and ask him, by that time Mr.Frank comes down and runs right into Mr.Gantt standing in the front door and he looked like he was frightened.I saw Mr.Frank was and right discharged taken out one way.He and Mr.Gantt had fell

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 80.Picture showing elevator box on the first floor.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 3) was made.

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 70.Picture of the corner in the basement where body was found,around the left corner behind the partition as shown on the picture.DEFENDANT'S EXHIBIT 71.Picture showing passage way leading to the back door in thebasement of the factory. Picture shows boxes piled up on each sideof 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 secondfloor of the factory are shown in the background.DEFENDANT'S EXHIBIT

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 entrance 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: DEFENDANT'S EXHIBIT 46.weekly financial reports of the business of the NationalPencil Company sent by Leo M. Frank to Oscar Pappenheimer, foreach week beginning January 16, 1913 and ending with the weekending April 24, 1913, each of said reports being identical inform with the defendant's exhibit "46" and being in the handwritingof Leo M. Frank.DEFENDANT'S EXHIBIT 47.Pay envelope found by detective Starnesworth. It is anordinary pay envelope used by the pencil company with the number"186" written thereon, with the first initials of a name on it,as "M" and a "Ph".DEFENDANT'S EXHIBIT 48.Club found by detective

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 45.Weekly report sent by Leo M. Frank to Oscar Pappenheimer and received by the latter on April 28, 1913, said report being in the handwriting of Frank.FINANCIAL.Week ending April 24, 1913.Production:- NetGood 2719 Gr.Medium 689 Gr.Cheap 659 Gr.Jobs 791 Gr.29%Net Value Prod'n $3066.51Total expenditures 3176.75Result- Deficit 109.44Shipments$5459.784374.44Orders received $3320.51 Value1904 GrossO.K. - F

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 44ENVELOPE IN WHICH LEO M. FRANK'S LETTER (EXHIBIT 42) TO MOSES AND INTERCITY REPORT (EXHIBIT 43) WERE ENCLOSED. THE ADDRESS ON SAID ENVELOPE BEING IN LEO M. FRANK'S HANDWRITING.NATIONAL PENCIL CO.ATLANTA, GA.Mr. L. M. Frank,c/o Hotel McAlpin,Broadway & 34th St.,New York, N.Y.Atlanta, GA.April 26,6-1913

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 45.weekly report forwarded to James P. Frank by Leo M. Frank,enclosed in Leo M. Frank's letter to James Frank, as set forthin Exhibit "42", said report being in Frank's handwriting, samebeing folded to the same size as envelope set forth in Exhibit"44" herein.FINANCIAL.Week ending April 24, 1913.Production: NetGood 2714 gr.Medium 700 gr.Cheap 629 gr.Jobs 59 gr.791 gr.Net Value Prod'n 3066.31Total Expenditures 3175.75Result-Deficit 109.44Shipments$5438.784374 gr.Orders received 33530.31 value1904 casesO.K. - F

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT NO. 42.Letter written by Leo M. Frank to Mr. Moses Frank. The letter was not typewritten, but was in long hand and was as follows:SLAT MILL,OAKLAND CITY, GA.LEAD MILL,BELL ST. & SOU. R.R.NATIONAL PENCIL COMPANYOFFICE AND FACTORYATLANTA, GA., April 26, 1913.Dear Uncle:I trust that this finds you and dear Aunt 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. Lucille and I are well.It is too short a

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 44.Cash book items made out by Frank to balance same.Kerosene .15 .15Type .75 .75Dray 2.00 2.001.00 1.002.00 2.006.70 6.70cases 2.25 2.251.25 1.251.75 1.751.50 1.5010.50 10.50Express .55 7.75 12.40Postage .50 & .60 1.10Parcel post .02 6.13 3.00Rent Typex. 2.00 wks 4.00Supplies .48-80hm. .48Xmas in .85 2.16King Mde. .60 2.15Thread .05 .65Garf .10 8.65Herbert Wright 4.00 11.6029.85 4.0030.00 39.8169.8520.8130.04Cash box $4.84 shortO.K. F=6/13

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 195 v, page 1971913 Cash Dr. 1913 Cash4/28 Balance 59.95 4/28 W. Rosene Cr. 15 To check 15.00 " W.V. 4.70 " 15.00 " D.W. 1.00 " 16.00 " expenses 10.50 " 53.85 " express 1.10 " " stage 1.00 " Parcel post .16 " 2 wks rent typewriter 2.00 " Supplies, Schmeegass .45 " 24-Hdw.Co. .85 " J.A. Smith 11.50 " Vendale .50 " H. .40 " H. & H. Wright 4.00 "

Visible Translated Text Is As Follows: where was the money he said he was going to give me and Mr.Frank said "here, here is the two hundred dollars," and he handed me a big roll of green bank money and I didn't count it. I stood there a little while looking at it in my hand, and I told Mr.Frank he would take another dollar for that watchman, and he said he would not - and the rest is just like I told it before. The reason I have not told this before is I thought Mr.Frank would get out

Visible Translated Text Is As Follows: got a piece of cloth, and I got a big wide piece of cloth andcome back there to the men's toilet where she was, and I tied herup, and I taken her and brought her up there to a little dressingroom, carrying her on my right shoulder, and she got too heavy forme and she slipped off my shoulder and fell on the floor rightthere at the dressing room and I hollered for Mr. Frank to comecome down there and he was too busy at his work, and Mr. Frankdown there to me and

Visible Translated Text Is As Follows: Said "Well, is that will you want for good Mr. Frank" and he said Urea and I saw him be one I wrote on was and take out a brownish looking scratch pad the one I wrote on was and he said I saw him take out a brownish looking I took his pencil and made a mark or it.I took it to be and "No" but he shut the tablet up and looked at me and told me that was all he wanted me, and he come all the way to the top

Visible Translated Text Is As Follows: I said "I got too hot in there," and he said "I see you are sweating", when he opened the door he was staring to step out and his eyes were looking large then suddenly look, and he jerked the door open and I was right in front of the door and them Mr. Frank said to me to sit down in a chair.In the one that turns all-the-way-around-and when I sat down he told me to get up and shut the door that was the door between his office and the stenographer's office,

Visible Translated Text Is As Follows: that you get that next week" and they stood there and talked a-while but she did not hear anything else they said, then shewent on out the door while they come back up the steps, and Mr. Darleystepped up there and Mr. Holloway come down and left and I didnot see him anymore. While they were coming down, about 5minutes after Mr. Darley had gone, Mr. Holloway went out on the side-walk and stood there 3 or 5 minutes and Mr. Holloway came back and went backup the steps, and then here come another

Visible Translated Text Is As Follows: ON Friday, April 25,1913, I went to Frank's office at four 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 murder, for I thought if I put myself there on Saturday, they might accuse me of having a hand in it, and I now make my second and last statement regarding the matter freely and voluntarily, after thinking over the situation, and I have made up my mind to tell the whole truth, and nothing

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 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 on the fourth floor where I was coming to his office.That was the Isle and asked me to come to his office.That was on the fourth floor where I was working, and when I went down to the office he asked me could

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 36.STATEMENT OF JAMES CONLEY MADE TO JOHN R.BLACK AND H. SCOTT AT POLICE BARRACKS, ATLANTA, GA., SUNDAY, MAY 18, 1913.My full name is James Conley. I reside 152 Rhodes St. with Lorine Jones, who claims to be from Cartersville, Ga. This woman is not my wife, and I have been living with her for a little over two years. I have been having intercourse with Lorine Jones. I have been employed as elevator man and roustabout at the National Pencil Co. factory in Atlanta for the past two years. Before going to

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, 1913.SalesmanBill to H.G. 191NATIONAL PENCIL CO., Order No. 4/24/13MANUFACTURERS ATLANTA.Ship to R. P. Kindle & Co. At 512 Plum St.,Ship When at once Cincinnati, OhioRemarks:Sales No. Amount Name or Remarks160x 3p. 50 F.O. 154 51 1/2no stampHoldCANCELLED6/17/13643

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 34.Requisition sheet in handwriting of Leo M.Frank, as follows:House No. 7196 Date April 26, 1913 191Salesman Bill toNATIONAL PENCIL CO., ATLANTA,MANUFACTURERSShip to John Magnus Co. At 1055 W. 35th St.Ship When at onceRemarks: Chicago, Ill.Sales No. Amount Name or Remarks Date, 26, 1913156x 25 25O.K.HGSCareful selection of goods.CompleteDatecompleteshipmentApr. 26, 1913SHIPPED COMPLETEApr. 26, 19132698

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 53Requisition sheet in handwriting of Leo M. Frank, as follows:House No.7196SalesmanBill toDate - May 26, 1913Order No. 4/26/13NATIONAL PENCIL CO., ATL.MANUFACTURERSShip to Montag Bros.Ship When at onceAt Atlanta, Ga.Remarks:Sales No. Amount Name or Remarks May 26, 1913136x 50 Blks. sub. 55 gro. pts. 501900 10 added 4/29 81920 10 Transferred 51840 10 10R910 10 1040x 50 added 5/6/13 50480x 2 2420x 10 5/26/13 10O.K.HGSC.B.BookFILE BMay 6, 1913May 26, 1913

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 21.Requisition sheet in handwriting of Leo M. Frank, as follows:House No.7193Date April 26, 1913 191SalesmanBill to Ma11Order No. 04856NATIONAL PENCIL CO., ATLANTA, GA.MANUFACTURERSShip to 5 & 10c StoreSault Ste. Marie,Ship When August 1stRemarks #104Sales No. Amount Name or Remarks10 1035-37 5 Asstd45 5910 5640 51008 21008 2Best Route to Chicagothen by water

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 30.Requisition sheet in handwriting of Leo M.Frank, as follows:House No. 7198 Date April 5, 1913 191Salesman D.P. Order No.4/24/13Bill to NATIONAL PENCIL CO., MANUFACTURERS ATLANTA, GA.Ship to E.W.J. & Co. / 2000 At Saratoga Springs,When at ONCE N.Y.Remarks: O/D & E.Ry 416-18 BroadwaySales No. Amount Name or Remarks 1/2810 520 5 20 Sub Pkgs.37 136 145 1120 1140 1155 1770 1 #3650 1620 1980 1910 1 980 Sub.950 1420 1220 1 #3280 1 #4840 11000 1/21002 1/2880 1/2 #2280 1/2 #3480 1/2 #5440 1/2720 1/2 W.POK HGS 08SHIPPED COMPLETEAPR 25, 1913

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 20.Requisition sheet in handwriting of Leo M. Frank as follows:House No. 7191 Date Apr. 26, 1913Salesman D.P. Order No. 6/24/13Bill to NATIONAL PENCIL CO., 191MANUFACTURERS ATLANTA, GA.Ship to P. & W. Co. $25 At Wilkes-Barre,Ship When @ Pema Ky PennaRemarks BY ONCESales No. Amount Name or Remarks Apr. 29, 191310 5 535 5 5770 2 2430 5 5640 2 2840 2 2908 1 1280 1/2 1/2280 1/2 1/2280 1/2 1/2440 1 1440 1 1440 1 1720 1 W P 1OK HGS OSCompletedateshipmentApr. 29, 1913SHIPPED COMPLETEApr. 29, 1913

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 28.Requisition sheet in handwriting of Leo M. Frank as follows:House No.7190DateApr. 26, 1913191SalesmanD.P.Bill toOrder No.4/26/13NATIONAL PENCIL CO.,MANUFACTURERSATLANTA,GA.Ship toE. W. Hood, 566At347 E. Main St.Ship Whenat onceDeKalb, Ill.RemarksSales No.AmountName or RemarksApr. 26, 1913104420230 sub. Pta.237225522452212022O.K.CompleteHBSDatecompleteshipmentApr. 26, 1913SHIPPED COMPLETEApr. 28, 19132704406

Visible Translated Text Is As Follows: House No. 7129 Date April 26, 1913 Order No. 191Salesman D.P. Order No. 4/26/13Bill to NATIONAL PENCIL CO., ATLANTA, GA.MANUFACTURERSShip to F & W Co. $25 At Logansport, Ind.Ship When At onceRemarks c/o Penna RySales No. Amount Name or Remarks Apr.26,191310 4 457 1 135 1 180 2 2 20 Sub.Pls.45 1 1140 1 1155 1 1660 1 1630 1 1910 1 11008 1 11008 1 1440 1/2 1/2280 1/2 1/2O.K. HGS CompleteDate complete shipmentApr.26,1913SHIPPED COMPLETEApr.26,19138708

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT NO. 60.Requisition sheet, in handwriting of Leo M. Frank, as follows:House Number7168DateApril 26, 1913SalesmanBill toJ. P. P.Order No.4/22/13NATIONAL PENCIL CO.,MANUFACTURERSATLANTA, GA.Ship toF & W Co.AtTerre Haute,Ship Whenat onceRemarksInd.Sales No. Amount Name or Remarks37 155 246 2180 2165 3920 1910 1April 26, 19131322311CompleteO.K.HdSDateShippedShipmentApril 26, 1913Shipped CompleteApril 26, 19137/6/13

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 25.Requisition sheet in handwriting of Leo M.Frank as follows:House No. 7197 Date April 26, 1913Salesman D.P. Order No. 4/24/13Bill toNATIONAL PENCIL CO., ATLANTA,MANUFACTURERS GA.Ship to F.W.GO. 617 Felix St.Ship When at once 3t, Joseph, Mo.RemarksSales No. Amount Name or Remarks45x 4 4220x 1/2 #4 1/2280x 1/2 #4 1/2440x 1/2 #5 1/2720x 1/2 W.P. 1/2630x 1/2 1/2910 1/2 1/2908 1/2 1/2430 1/2 1/2240 1/2 1/2O.K. CompleteHGSDate Shipped Complete April 28, 1913SHIPPED COMPLETEApril 28, 19132700.X03

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 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 #65 - Syracuse, Ind." " #7 - Ft. Wayne, Ind." " #25 - Decatur, Ind." " #26 - Wilkesbarre, Pa." " #28 - Saratoga Springs, N.Y." " #104 - Sault Ste. Marie, Mich.Beutel Bros. Co., Dubuque, Iowa.Montag Bros., Atlanta, Ga.John Mager & Co., Chicago, Ill.R.R.Kindell & Co., Cincinnati, Ohio.said orders request the National Pencil Company to ship to said respective firms, at once, certain merchandise (pencils) noted therein. Each of said orders

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Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 11.Comparison sheet, 1912-1913, being part of data for financial sheet:Comparison 1912-13Wk ending Apr.24/13(48 hrs) 1912 1913Payroll 1036.15 1052.55Mch.Shop 75 70.00Expense 1551.55 1623.20Matl.Cost 1271.46 1652.56Total expenditures 2856.01 3175.75Net Value Productions 2431.28 3066.31Apparent Results -Deficit 424.79 Def.109.44Value shipments 2523.28 5436.78 2509 gr. 4374 gr.Productions: Net 2152% 2710%Good 454% 700Medium 829 629%Cheap 546 599Jobs 300 791Percent Jobs 14% 29%Remarks 1912 55 hrs. work

Visible Translated Text Is As Follows: 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, F.April 21,1913. Received of National Pencil Co. 75 cents--type. (Signed) A.Mann, F.April 21,1913. Received of National Pencil Co. Two dollars,Dray. (Signed) Truman Modkary.April 21,1913. Received of National Pencil Co. $8.50, cases. (Signed) John Glass.April 21,1913. Received of National Pencil Co. 35¢--express--Warner. (Signed) 30, Express Co., F.April 21,1913. Received of National Pencil Co. 50¢--postagestamps. (Signed) A. Mann, F.April 21,1913. Received of National Pencil Co. 25¢--parcelpost. (Signed) A. Mann, F.April 22,1913. Received of National Pencil

Visible Translated Text Is As Follows: A large book containing all of the financial sheets ofthe National Pencil Company, beginning with the week endingNovember 25, 1909, and ending with the week ending April 24,1913. Each of these sheets report the financialoperations of the National Pencil Company for the respectiveweek named thereon, and in form is identical with the sheet ofApril 24, 1913, set forth herein as "Defendant's Exhibit 2".

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 8Eight carbon copies of eight letters, all dated April26, 1913, and addressed toSchroder & Lombard Engraving Co., 18 Franklin St., N. Y.Henry Diston & Sons, Philadelphia, Pa.J. Ellinger Co., 621 Broadway, N. Y.Southern Bargain House, Richmond, Va.American Supply Co., 104-6 Halsey St., Newark, N. J.Jasman Mfg. Co., 124 E. Kinzie St., Chicago, Ill.The Pullman Co., Chicago, Ill.Schroder & Lombard, 18 Franklin St., N. Y.and signed "National Pencil Company, by H. R. Supt."On each letter are the initials "LMF-HR".Each letter acknowledges receipt of letter receivedfrom the addresses and whose names are set forth

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Visible Translated Text Is As Follows: NATIONAL PENCIL CO., Atlanta, Ga.FACTORY RECORD.Week Ending.April 19, 1913.PENCIL STOCK.STATE.510x.410x.320x.24x.911x.704.904x.6xx.Japan.#2.#3.#4.1490.1410.1410.410.320.200.200.With Hand Written.Pencil Co.Atlanta.TOTAL.Finish.4.36½.17½.4½.1x.4.9½.1x.7.31½.L.26.30.TOTAL.46.31½.6½.19½.50.4.15.20.2½.9.19½.31.22.19½.23.24.TOTAL.19½.8 25.6.31.25.Stock Bad.This Week.19½.P 25 6.9½.100 71.100 129.Total.Stock Bad.This Week.Total.Stock Bad.End Week.TOTAL.

Visible Translated Text Is As Follows: NATIONAL PENCIL CO., Atlanta, Ga.FACTORY RECORDPENCIL STOCKWeek Ending April 27 - 1913DATE 10 EX 20 EX 40 EX 60 EX 80 EX 100 EX 120 EX 144 EX 160 EX 176 EX 192 EX 208 EX 224 EX 240 EX 256 EX 272 EX 288 EX 304 EX 320 EX 336 EX 352 EX 368 EX 384 EX 400 EX 416 EX 432 EX 448 EX 464 EX 480 EX 500 EX TOTALIN STOCKApril 17 294 32 65 42 61 34 10 100 10 94 5794 3 10 2 61 163 5479 64 10

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 6.Value of shipments for week ending April 24, being part ofdata for financial.SHIPMENTS WEEK ENDING 4/24/1318th( 29.57( 27.00( 22.40( 40.00( 124.00( 86.42( 22.59( 17.50( 14.66( 87.00Apr. 18e 400.7519 482.0021 1146.0622 1457.0523 706.6324 1246.0719th( 10.40( 12.80( 17.50( 14.92( 75.04( 45.80( 21.25( 128.10( 51.65( 69.55( 124.00( 17.50( 17.84( 15.07( 75.99( 13.70( 40.65( 14.25( 14.66( 16.67( 10.00( 13.70( 1267.2823rd( 185.70 ( 204.52( 12.04 ( 644.40( 28.98 ( 142.08( 29.13 ( 89.00( 29.80 ( 27.75( 80.00 ( 15.48( 11.5924th( 23.04( 19.45( 14.15( 20.00( 87.70( 5.16

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT B.Abstract (of orders) sheet, being a complete record (beginning with the week ending Jan.16,1913) of the number of orders received each week, classified as to price under different headings, said number being totaled at the end of each week and the average price ascertained. The following is a record of orders for the factory month of April, 1913:WEEK ENDING 4/5/1360ct. 70ct. 80ct. 90ct. $1.00 $1.10 $1.20 $1.30 $1.40 $1.50 $1.60 $1.70 $1.80 $1.90 $2.00Friday 28 159 4/8 30 7/8 3/4 5 33 1/2 20 1/2 15 1/2Saturday 29 1 2/8 30 2

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Visible Translated Text Is As Follows: stayed.No, he didn't leave before I up.Yes, I took a nap.He came a little after one and we ate dinner and I laid down and took a considerable nap."STATE'S EXHIBIT EPortion of testimony of Mrs. Josephine Selig before the Coroner's inquest, as follows:-"As to what Mr. Frank said about this affair, I don't know if he made any reference to it.The Mrs. Frank had told me.I don't remember that he said anything at all about this crime.He probably spoke of it in a general way.He is superintendent of the pencil factory, I think I

Visible Translated Text Is As Follows: STATE'S EXHIBIT S. Portion of the affidavit made by Lemmie 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 that was to keep employees from the fourth floor going down from that department and ringing out and getting their money before it was ready. Customarily it was closed. That was the purpose. There is no exit from the

Visible Translated Text Is As Follows: against the Secretary by the President of the Board in a report to the Governor, and upon which they are called upon to act, beg to report as follows:-Resolved:- "That the members of the Board present, after carefully considering the charges and all the evidence in its possession, unanimously agree that there have been certain slight irregularities in the conduct of some departments of the laboratories of the State Board of Health, which should be corrected; these irregularities have not been as important in character or result as some of the newspapers have demanded

Visible Translated Text Is As Follows: STATE'S EXHIBIT L.A small whip handle found by detective McWorth at thepencil factory.STATE'S EXHIBIT M.CLOTHES WORN BY MARY PHAGAN CONSISTING OF hat, hair ribbons(2), dress, corset with hose supporters attached, one broken,corset cover, knit underwear, underskirt, drawers, (right leg tornand soiled with blood), pair of silk garters, pair of hose, pairof low shoes, handkerchief, parasol.STATE'S EXHIBIT N.Copy of the minutes of the state Board of Health, found onpages 144-145 thereof, reading as follows:"The President then addressed the Board at length on hisreasons for thinking that the Secretary should be requested toresign, the subjects dealt

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Visible Translated Text Is As Follows: net to say anything about what happened at home there?A. Yes sir.Q. Is that true?A. Yes sir.Q. And that's the reason you would rather have been locked up last night than tell?A. Yes sir.Q. Has Mr. Pickett or Mr. Graves or Mr. Campbell or myself influenced you in any way or threatened you in any way to make this statement?A. No sir.Q. You make it of your own free will and accord in the presence and in the presence of Mr. Gordon, your attorney?A. Yes sir.(Signed) Minola McKnight.Sworn to and subscribed before me, this

Visible Translated Text Is As Follows: STATE'S EXHIBIT J.Affidavit executed by Minola McKnight for Solicitor Dorsey, as follows: -"State of Georgia,County of Fulton.Personally appeared before me a Notary Public in and for the above State and County, Minola McKnight, who lives in the rear of 351 Pulliam St., Atlanta, Ga., who being duly sworn deposes and says:On Saturday morning, April 26,1913, Mr. Frank left home about eight o'clock, and Albert, my husband, was there too, Albert got there I guess about a quarter after one and he was there when Mr. Frank had them lock the door after dinner, but

Visible Translated Text Is As Follows: STATE'S EXHIBIT C.Piece of cord found around Mary Phagan's neck, about size of a heavy twine, with a knot in it.STATE'S EXHIBIT D.Rag that was found around Mary Phagan's neck, 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 splotehes 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

Visible Translated Text Is As Follows: was right in front of me. - I said, "I will be ready in a minute" and he went downstairs and I come to the office and put on my coat and hat and followed him and went down. When I went out, talking to Newt Lee was J.M.Gantt, a man that was fired about two weeks ago. Newt Lee told me he wanted to get in to get a pair of shoes he had left there. I went and told Mr. Frank, and Mr. Frank said to me, "What does he want?" and

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Visible Translated Text Is As Follows: EVI DENCE FOR DEFENDANT IN SUR-REBUTTAL.T. Y. BRENT, Sworn for the defendant in sur-rebuttal.I have heard George Kendley on several occasions express himself very bitterly towards Leo M. Frank. He said he felt in this case just as he did about a couple of niggers hung down in Decatur; That he didn't know whether they had been guilty or not but somebody had to be hung for killing those street car men and it was just as good to hang one nigger as another, and that Frank was nothing but an old Jew and

Visible Translated Text Is As Follows: fluid containing usual amount of formaldehyde, this being injected into the veins in the large cavities, she is interred thereafter, and in about a week or ten days she is disinterred, and you find in her stomach cabbage like that, (State's Exhibit G) and you find granules of starch undigested, and those starch granules are developed by the usual color tests, and you also find in that stomach thirty two degrees of combined hydrochloric acid, the pylorus closed, and the duodenum, and six feet of the small intestines empty, no free hydrochloric acid being

Visible Translated Text Is As Follows: alfactories act as a stimulant to the salivary glands.DR.JOHN FUNK,Sworn for the State in rebuttal.I am Professor of Pathology and Bacteriologist I was shownby Dr.Harris, sections from the vaginal wall of Mary Phagan,sections taken near the skin service. I didn't see sections fromthe stomach or the contents. These sections showed that theepithelium wall was torn off at points immediately beneath thatcovering in the tissues below, and there was infiltrated pressureof blood. They were you might say engorged, and the white bloodcells-in those-blood vessels were more numerous than you willfind in a normal blood vessel.

Visible Translated Text Is As Follows: busy at once. Of course, it would not be prepared as well. The digestion would be delayed of course. That cabbage is not as well digested as it should have been (State's exhibit G.) But the very fact of your anticipating a good meal, smelling it, starts your saliva going and forms the first stage of digestion and digestion is begun right there in the mouth, even if you haven't chewed it a single time. Any deviation from good mastication retards digestion. I couldn't presume to say how long that cabbage lay in Mary

Visible Translated Text Is As Follows: The starch digestion should have progressed beyond the stateerythrogetrin; in the course of an hour. There should have beenenough free acid to have stimulated the n pyloris, and back to acertain extent, and there should have been some contents in theduodenum. I am assuming of course that it is a healthy stomach andthat the digestion was not disturbed by any psychic cause whichwould disturb the mind or any severe physical exercise. I amnot going so much by the physical appearance of the cabbage. Anysevere physical exercise or mental stress has quite an influenceon digestion.

Visible Translated Text Is As Follows: REDIRECT EXAMINATION.taken out nine days afterwards would be a little in excess of what I would consider normal, under the conditions already named.Dr. GEO. M. NILES, sworn for the State, in rebuttal.I confine my work to diseases of digestion. Every healthy stomach has a certain definite and orderly relation to every other healthy stomach. Assuming a young lady between thirteen and fourteen years of age at 11.30 April 26, 1913, eats a meal of cabbage and bread, that the next morning about three o'clock her dead body is found, that there are indications in

Visible Translated Text Is As Follows: hardly any change on its chemical property. When it comes incontact with the formaldehyde it is supposed to be preserved.It has some neutralizing effect on the alkali present. Thatdecomposes in time after death, unless hindered by some preservative.The hydrochloric acids in the stomach also disappear if the stomachhas disintegrated and the preservative has disappeared. It disappearslike the other fluids and tissues of the body unless hindered bysome preservative agent. Sometimes digestion is delayed a gooddeal even in a normal stomach by insufficient mastication, too muchdiluting of the juices, or anything that hinders the operation

Visible Translated Text Is As Follows: dead at 3 A.M. with a rope around her neck indented and the fleshsticking up, bruised on the eye, blood on the back of her head, thetongue sticking out, blue skin, every indication that she came toher death from strangulation, her head down. rigor mortis had beenon her twenty hours, the blood had settled in the back, more the gravitywould naturally take it in the face, she is embalmed, formaldehydeis used and injected in the various cavities of the body, includingthe stomach, a pathologist takes her stomach a week or ten daysafter, finds cabbage

Visible Translated Text Is As Follows: look her up, it was reasonable and right that she should be looked up. I did that for the best interest of the case I was working on. No, I didn't have any warrant for her arrest. She was brought to Mr. Dorsey's office by a bailiff by a subpoena. I took her away from Dorsey's office and put her in a patrol wagon. I expect Mr. Dorsey knew we were going to look her up, but he did not tell us to do it. No, he didn't disapprove of it. I didn't know

Visible Translated Text Is As Follows: was the soul of honor and that we had the wrong man; that there wasno use in inquiring about Darley and he knew Darley could not beresponsible for such an act. I told him that we had good infor-mation to the effect that Darley had been associating with othergirls in the factory; that he was a married man and had a family.Mr. Frank didn't seem to know anything about that. He said it wasa peculiar thing for man in Mr. Darley's position to be associatingwith factory employees, if he was doing it.CROSS EXAMINATION. We

Visible Translated Text Is As Follows: EKK.GRAHAM,Sworn for the State in rebuttal.I was at the pencil factory April 26,with Mr. Tillander, about 20 minutes to 12. We met a negro on the ground floor. Mr. Tillander asked him where the office was, and he told him to go up the steps. I don't know whether it was Jim Conley or not. He was about the same size, but he was a little brighter than Conley. If he was drunk I couldn't notice it. I wouldn't have noticed it anyway.CROSS EXAMINATION. Mr. Frank and his stenographer were up stairs. He was

Visible Translated Text Is As Follows: 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 Broad. It has been 12 years since I have been tried for an offense in this court.CROSS EXAMINATION. I was acquitted by the jury. I had to kill a man on my car who assaulted me.W. C. DOBBS, Sworn for the State in rebuttal.Motorman Matthews

Visible Translated Text Is As Follows: a minute and a half ahead. I have caught him as much as threeminutes ahead of time last Spring, on the trip due in town 12.07.I didn't report him. I just talked to him. I have known him to beahead of time twice in five years while he was under my super-vision.H. KELLY, Sworn for the State in rebuttal.I am a motorman of the Georgia Railway & Power Co. On April26, I was standing at the corner of Forsyth and Marietta St. aboutthree minutes after 12. I was going to catch the College Park

Visible Translated Text Is As Follows: next day. If Mary Phagan left home at 10 minutes to 12, she ought to have got to town about 10 minutes after 12, somewhere in that neighborhood. She could not have gotten in much earlier. The time that I saw her is simply an estimate. That was the time my car was due in town. I remember seeing her by reading of the tragedy the next day. I didn't testify at the, Coroners inquest, because nobody came to ask me. No, I have not abused and villified Frank since this tragedy. No, I

Visible Translated Text Is As Follows: It is due 5 minutes after the hour and the Cooper St. 1d due 7 minutes after. The English Avenue would have to be ahead of time to out off the Cooper St. car. That happens quite often. I have come in ahead of time very often. I have known the English Avenue car to be 4 or 5 minutes ahead of time.CROSS EXAMINATION. I don't know when that happened or who ran the car. I don't know whether they ran on schedule time on April 26, or not. When one car is out

Visible Translated Text Is As Follows: Dr.S.C.BENEDICT, Sworn for the State in rebuttal.I am president of the State Board of Healthas a member of the Board when Dr.Westmoreland preferred charges against Dr.Harrie, these minutes (State's Exhibit N) are correct. I desire to say that we do not wish to open up that question again Dr.Westmoreland's charges are not recorded here. I don't think they were put on the minutes. The reply to the charges were put in the minutes and the action of the Board. The minutes would show what action the Board took.CROSS EXAMINATION. Dr. Harris' reply is not

Visible Translated Text Is As Follows: having stated anything to her mother on Sunday morning. The affidavit does not contain anything that she did not state there that day. Before she made that affidavit, she said he did eat dinner that day. She finally said he didn't eat any. At first she said he remained at home at dinner time about half an hour or more. She finally said he only remained about ten minutes. At first she said Albert McKnight was not there that day. She finally said he was there. She said she was instructed not to talk

Visible Translated Text Is As Follows: out to see her, he said Mr. Starnes and Mr. Campbell would be up there and they would let us know about it, and we went up there and Mr. Starnes and Mr. Campbell brought her in. They let us see her allright. I did not ask Campbell or Starnes to turn her out. I didn't ask anybody to turn her out. I never made any suggestion to anybody about turning her out. Nobody cursed, mistreated or threatened this woman while I was there. I don't know what took place before I got there.E.

Visible Translated Text Is As Follows: our Anglo Saxon liberties."They did not tell me that they al-ready had a statement that she had made, and which she declaredto be the truth.REDIRECT EXAMINATION. You (Mr.Dorsey) did not tell me that youhad no right to look anybody up. I told you that, and you agreedto it, but you would not let her go. I told you that Chief Beav-ers said he would do what you said and then I asked you to giveme an order. You said you wouldn't give me an order. When I toldStarnes that I thought I ought to

Visible Translated Text Is As Follows: .out a habeas corpus, which I did. The detectives said they wouldn't let her go without your consent. You said you didn't have anything to do with looking her up as 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 is substantially the notes that Mr. February read over to her. As they read it over to her, she said it was

Visible Translated Text Is As Follows: .on oath.GEORGE GORDON. Sworn for the State, in rebuttal.I am a practicing lawyer. I was at police station part of the time when Minola McKnight was making her statement. I was out-side of the door most of the time. I went down there with habeas corpus proceedings to have her sign the affidavit and when I got there the detectives informed me that she was in the room, and I sat down and waited outside for two hours, and people went and out of the door, and after I had waited there I saw

Visible Translated Text Is As Follows: W. H. TURNER, Sworn for the State in rebuttal.I worked at the National Pencil Company during March of this year. I saw Leo Frank talking to Mary Phagan on the second floor, about the middle of March. It was just before dinner. There was nobody else in the room then. Mary was going to work and he stopped to talk to her. She told him she had to go to work. He told her that he was the superintendent of the factory, and that he wanted to talk to her, and she said she

Visible Translated Text Is As Follows: MISS DEWEY HEWELL, Sworn for the State in rebuttal.I stay in the Home of the Good Shepherd in Cincinnati. I worked at the Pencil Factory four months. I quit in March 1913. I have seen Mr. Frank talk to Mary Phagan two or three times a day in the metal department. I have seen him hold his hand on her shoulder. He called her Mary. He would stand pretty close to her. He would lean over in her face.CROSS EXAMINATION. All the rest of the girls were there when he talked to her. I

Visible Translated Text Is As Follows: W. M. COOK, W. J. ELDER, A. B. HOUSTON, J. T. BORN,W. M. WRIGHT, C. B. McGINNIS, F. P. KEPNER, W. C. HALE, L. BOYCÉ,M. G. CALDWELL, A. W. HUNT, W. C. PATTERSON, all sworn for the Statetestified that they knew C. B. Dalton, that his general characterfor truth and veracity was good, and that they would believe himon oath.MRS. H. B. JOHNSON, MISS MARIE CARR, MISS NELLIE PETTIS, MARYDAVIS, MRS. MARY B. WALIA C. ESTELLE WINKLE, CARRIE SMITH, allsworn for the defendant, testified that they were formerly employ-ed at the National Pencil Company

Visible Translated Text Is As Follows: Nobody has raised a fund to pay the fees of my attorneys. These fees have been paid by the sacrifice in part of the small property which my parents possess.Gentlemen, some newspaper men have called me "the silent-man-in-the tower," and I kept my silence and my counsel advisedly, until the proper time and place. The time is now, the place is here, and I have told you the truth, the whole truth.EVIDENCE IN REBUTTAL-FOR STATE.J. R. FLOYD, M. GODDARD, L. GODDARD, J. J. BALLARD, HENRY CARR, J. A. RICE, JIM SMITH, all sworn for

Visible Translated Text Is As Follows: had windows opening onto the street. There was no lock on the door, and I know 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 loiter in this room when they ought to have been doing their work. It is possible that on some occasions I looked into this

Visible Translated Text Is As Follows: police headquarters, my wife was there when you me, she was downstairs on the first floor, I was up on the top floor. She was there almost in hysterics, having been brought there by her two brothers-in-law, and her father. Rabbi Marx was with me at the time. I consulted with him as to the advisability of allowing my dear wife to come up to the top floor to see me in these surroundings with city detectives, reporters and snapshooters; I thought I would save her that humiliation and that harsh sight, because I

Visible Translated Text Is As Follows: know about him." I said: "Gentlemen, you have come to thewrong man, because Mr. Darley is the soul of honor and is astrue as steel. He would not do a crime like that, he couldn'tdo it," and Black chirped up: "Come on, Scott, nothing doing,"and off they go. That showed me how much reliance could beplaced in either the city detectives or our own Pinkertondetectives, and I treated such conduct with silence and it wasfor this reason, gentlemen, that I didn't see Conley,surrounded with a bevy of city detectives and Mr. Scott, be-cause I

Visible Translated Text Is As Follows: establishment, to the factory, and I went to headquartersI went to headquarters the second time, going there willinglywithout anybody coming for me. On each occasion I answeredthem frankly and unreservedly, giving them the benefit of thebest of my knowledge, answering all and any of their questions,and discussing the matter generally with them. On Monday theycame for me again. I went down and answered any end all oftheir questions and gave them a statement which they took downin writing, because I thought it was right and I was onlytoo glad to do it. I answered

Visible Translated Text Is As Follows: and in a few minutes afterwards detective Barnes brought upNewt Lee from the cell room. They put Newt Lee into a roomand hand-cuffed him to a chair. I spoke to him at some lengthin there, but I couldn't get anything additional out of him.He said he knew nothing about couples coming in there at night,and remembering the instructions Mr. Black had given me Isaid: "Now, Newt, you are here and I am here, and youhad better open up and tell all you know, and tell the truthand tell the full truth, because you will

Visible Translated Text Is As Follows: of the note that I wrote. Detective Starnes then took me down to the desk sergeant where they searched me and entered my name on the book under a charge of suspicion. Then they took me back into a small room and I sat there for awhile while my father-in-law was arranging for a supernumerary police to guard me for the night. They took me then to a room on the top of the building and I sat in the room there and either read magazines or newspapers and talked to my friends who

Visible Translated Text Is As Follows: and my hands and my arms - I suppose he was trying to hunt to see if 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. After talking with Chief Beavers he came over to me and said to me 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

Visible Translated Text Is As Follows: company with another one of their traveling men, Mr. Jordan. At the corner of Forsyth and Hunter Streets, I met up with a cousin of my wife's, a Mr. Selig, and had a drink at Cruickshank's soda fount at the corner of Hunter and Forsyth. Then I went up into the factory and separated the papers I had brought back with me from Montag Brothers, putting them in the proper places, and sending the proper papers to the different places. I was working along the regular routine of my work, in the factory and

Visible Translated Text Is As Follows: I opened the back door and we made a thorough search of the alleyway and went up and down the alley and then went down that alleyway to Hunter Street and down Hunter to Forsyth and up Forsyth in front of the Pencil Factory. In front of the Pencil Factory I had quite a little talk with Mr. Scott as to the rate of the Pinkerton Detective Agency. He told me that they were and I had Mr. Schiff to telephone to Mr. Montag to find out if those rates were satisfactory. He phoned

Visible Translated Text Is As Follows: in the presence of Mr. J. V. Darley and Mr. Herbert Schiff.I told him that I expected that he had seen what had happenedat the Pencil Factory by reading the newspapers and knew allthe details. He said he didn't read the newspapers and didn'tknow the details, so I sat down and gave him all the detailsthat I could, and in addition I told him something which Mr.Darley had that afternoon communicated to me, viz: that Mrs.White had told him that on going into the factory at about 12o'clock noon on Saturday April 26th, she

Visible Translated Text Is As Follows: solvent, should have been put on there in a liquid state, it would not have showed up white, as it showed up then, but it would have showed up either pink or red, and where the spot of blood was, or whatever it was, that stuff was white, and not pink or red.I returned after making this examination from which I noticed two or three or four chips had been knocked up, the boys told me, by the police that morning; I returned to my office and gathered up what papers I had to

Visible Translated Text Is As Follows: the main ingredients of that compound are, for practical purposes, soap and oil, and it now is diluted to a great extent with water so it can flow easily onto the tools or onto the metal, so that the tools that they use it on won't get brittle or smeared up, and that haskoline compound is carried to these little machines in the metal room, right almost up to that dressing room, and the haskoline remains on them and sticks to them, and you are apt to find that haskoline compound on the floor

Visible Translated Text Is As Follows: spoke to the boys who were there in the office about thehappenings of that morning, of course, more or less length.Then Mr. Quinn said he would like to take me back to the metaldepartment on the office floor where the newspapers thatmorning had said that Mr. Barrett of the metal department hadclaimed he had found blood spots, and where he had foundsome hair. Mr. Quinn first took me to the little lathe backin the metal department, and explained to me that Mr. Barretthad told him just the same as he said here, that those

Visible Translated Text Is As Follows: to you for your examination. The detectives were evidentlyperfectly well satisfied with what they had seen there, andof course they left without any further remarks with Mr. Haas.I went downstairs and conversed with my folks down thereuntildinner time, which was served to my father-in-law and mymother-in-law and my wife and myself by Minola McKnight.About that time, Mr. and Mrs. Wolfsheimer came in and conversedwith us, Mr. Wolfsheimer telling me that he would take medowntown that afternoon in his automobile. After dinner, Itelephoned down to the office and telephoned to Mr. Schiff, andtold him to

Visible Translated Text Is As Follows: Rosser were apparently having a sort of conversation, and I overheard Mr. Rosser say "Well, 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 under clothing and my top shirt and my body, (exposed it to them all that came within the range of their vision. I

Visible Translated Text Is As Follows: interval of an hour had occurred three times during the time that Newt Lee had been punching on that Saturday night, April 26th. When I had first looked at it, I only noticed that every line had a punch mark on it, but I didn't notice what time the punch marks themselves were on; this time I studied the slip carefully. It was one of the same slips I had taken out of the clock. Chief Lanford, one of the officers handed it to me at police headquarters, which I absolutely identified with the

Visible Translated Text Is As Follows: walked from my home on Georgia Avenue down to WashingtonStreet, down to police headquarters, walking the whole way.On the way down, I asked Detective Haslett what the troubledown at the station house was, and he said: "Well, Newt Leehas been saying something, and Chief Lanford wanted to ask youa few questions about it;" and I said: "What did Newt Leesay?" "Well, Chief Lanford will tell you when you get downthere." Well, I didn't say anything more to him, went rightalong with him, and when I got down to police headquarters,I sat in one of

Visible Translated Text Is As Follows: I saw there his wife, Mrs. Haas, her son Edgar Haas, and acousin of my wife's, Montefiore Selig. My wife had left wordwith Mrs. Haas that I should call for her at the residence ofMr. Marcus, which is next door, or just a few doors away, andI went by end called for my wife at six o'clock and a fewminutes before seven my wife and I left the residence of Mr.Marcus and started down Washington Street towards GeorgiaAvenue on our way home. On our way home, we met our brother-in-law, Mr. and Mrs. Chas.

Visible Translated Text Is As Follows: corner of Whitehall and Alabama, where Mr. Schiff waiteduntil I caught an Alabama Street or Georgia Avenue car and re-turned to my home. I returned to my home about a quarter tofour, and found there was no one in, as my wife had told methat if she wasn't at home, she would probably be at the resi-dence of Mr. Ereenberg, I proceeded over there, coming upWashington Street in the direction of the Orphans' Home, andon Washington Street, between Georgia Avenue and the nextstreet down, which I believe is Bass Street, I met ArthurHaas and

Visible Translated Text Is As Follows: from the regulation order pad or order book-of the NationalPencil Company (State's Ex. ZJ, the sheet was a yellow sheetwith black ruling on it, and certain black printing at thetop. These are the two notes, (indicating papers.)At the top of these notes where it showed the series and date,and you can see it has either been worn out or rubbed out, butthe date was originally on there, and down below here is theserial numbers now, both of those notes were written as thoughthey had been written through a piece of carbon paper and thedate

Visible Translated Text Is As Follows: Wolfsheimer, and at Mr. Wolfsheimer's house, we found quite a company of young people, and the conversation turned largely on what I had seen that morning; also, among those who were present, were Mrs. L. G. Cohen, Mrs. N. G. Michael, Mrs. Carl Wolfsheimer, Julian Michael, Phillip Michael, Miss Helen Michael, Miss Virginia Silverman, Miss May Lou Lieberman, Julian Loeb and Herman Loeb. After staying there about an hour with my wife, I went in her company to visit the home of my brother-in-law, A. E. Marcus, whose home is situated on Washington Street

Visible Translated Text Is As Follows: up to Chief Lanford's office where I sat and talked and answered every one of their questions freely and frankly, and discussed the matter in general with them, trying to aid and to help them in any way that I could. It seemed that, that morning the notes were not readily accessible, or for some other reason I didn't get to see them, so I told them on leaving there that I would come back that afternoon, which I ultimately did; after staying there a few minutes, Mr. Darley and myself left, and inasmuch

Visible Translated Text Is As Follows: successive punches were made at the time which the punchesthemselves showed. After putting a new slip in the clock,we all went out of the factory and went downstairs and lockedthe door, and I was going to go down to the office, topolice headquarters, because the officers said they wanted toshow me some notes which they said were found near the body andthe pad lock and staple which they showed me had been with-drawn, and which they said had been taken down to the stationthe first time they had Newt Lee down there.Now, gentlemen, I

Visible Translated Text Is As Follows: 153 and the number 134 (deft's Bx 41). I wrote on it "Taken out 8:25 A.M." and two lines under that, with a casual look at that slip, you can't see it.I can see it. When looking casually at that slip, you see nothing, and by the way, this sheet has been identified (Def's Bx. 41). It is the one to which reference has been made so many times, and if you will look at it, you will see the date, April 26th, which was put on there on the evening of Saturday, April

Visible Translated Text Is As Follows: seemed like the chain which goes down in the basement had slipped a cog and gotten out of gear and needed somebody to force it back; however, Mr. Darley was successful in getting it loose, and it started up, and I got on and the detectives got on and I caught hold of the rope and it worked all right. In the basement, the officers showed us just about where the body was found, just beyond the partition of the Clark Woodenware Company, and in behind the door to the dust bin, they showed

Visible Translated Text Is As Follows: work in the metal plant, and that she was due to draw $1.20,the pay-roll book showed that as the detectives had toldme that someone had identified the body of that little girlas that of Mary Phagan, there could be no question but what itwas one and the same girl. The detectives told me thenthey wanted to take me down in the basement and show me exactlywhere the girl's body was found, and the other paraphernaliathat they found strewed around; and I went to the elevatorbox,--the switch box, so that I could turn on the

Visible Translated Text Is As Follows: light, and I saw the body of the little girl. Mr. Rogerswalked in the room and stood to my right, inside of theroom. I stood right in the door, leaning up against the rightfacing of the door, and Mr. Black was to the left, leaning onthe left facing, but a little to my rear, and the attendant,whose name I have since learned was Mr. Thesseling, was on theopposite side of the little cooling table to where I stood--in other words, the table was between him and me; he removedthe sheet which was covering the

Visible Translated Text Is As Follows: and the man who I afterwards found out was detective Black,hung his head and didn't say anything. Now, at this point,these two witnesses, Mr. Rogers and Mr. Black differ with meon the place where the conversation occurred,--I say, to thebest of my recollection, it occurred right there in the housein front of my wife; they say it occurred just as I leftthe house, in the automobile; but be that as it may, this isthe conversation: They asked me did I know Mary Phagan, Itold them I didn't; they then said to me, "didn't a

Visible Translated Text Is As Follows: lighted the gas water heater preparatory to taking a bath,and then continued reading in the hall; at 10:30, I turnedout the gas, went into the dining room, bade them all good-night, and went upstairs to take my bath; a few minutes later,my wife followed me upstairs. (At this point the jury retiredfor a short intermission.) I believe I was taking a bath whenyou went out,--on Saturday night; and after finishing my bath,I laid out my linen to be used next day, my wife changed thebuttons from my old shirt to the shirt I was

Visible Translated Text Is As Follows: which was put into the clock the night, --Saturday night, -- no one was coming down to the factory on Sunday, as far as I knew, or as far as custom was, to put the slips into the clocks and therefore, we had to put the slips into the clock dated with the date on which the help were coming into the factory to go about their regular duties and register on the Monday following, which, in this case, was April 28th. Now, on one of these slips, Newt Lee would register his punches

Visible Translated Text Is As Follows: lump the different items that were all alike together (Def't's Ex. 10). This sheet has been identified and explained, and you notice that there were four items of drayage grouped together, the total being $6.70. I just extend -that-over to the right there $6.70. Then I don't have to put drayage down in this book four times; just make one entry of drayage for the four-times we paid drayage together, which gives the same total, and makes the book look a great deal neater. So on throughout, five items of cases, two items of

Visible Translated Text Is As Follows: .. it up to $30.54; the actual amount which the cash book showed.Now on the left-hand side of this book, the debits for the week between April 21st, which was Monday, previous to April 28th, it being a record simply of the petty cash used by us, showed that we had a balance on hand the Monday morning previous of $39.85. On April 23rd we drew a check for $15.00, and on April 24th we drew another one for $15.00. I mean by that we would draw a check for $15.00, and go over

Visible Translated Text Is As Follows: Mr. Sig. Montag, General Manager of the Pencil Company, and putit under my inkwell, intending to take it up on the morningof Monday following.I then came to the checking up of the cash on handand the balancing of the cash book. For some reason or otherthere are no similar entries in this book after those of thatdate. That's my handwriting. (Def'ts Ex. 40) and I didthat work on Saturday afternoon, April 25th, as near as mightbe between the hours of 5:30 and 5 minutes to 6:30. Now inchecking up it didn't take me an

Visible Translated Text Is As Follows: formerly a member of our Board of Directors, although he is notnow. The other sheet I always invariably sent to my uncle,Mr. M. Frank, no matter where he is, who is President of theCompany. On this particular Saturday, my uncle had during theweek ending April 26th gone to New York, stopping at HotelMcAlpin, preparatory to taking his annual trip abroad forhis health, he being a sick feeble old man. When I made outthat financial, I really made out two small ones, and I putone in an envelope, addressed it to Mr. Oscar Pappenheimer(Def't's Ex.

Visible Translated Text Is As Follows: filled these figures in; I am no typewriter; I cannot operate a machine; I have two or three dozen of these every now and then typewritten together, and keep them in blank in my desk; I didn't typewrite those on that day, or any other day; I just filled these figures in those blanks--this is the sheet (Defendant's Ex. 11)--called the comparison sheet between 1912 and 1913, which is nothing more nor less than taking the vital figures, the vital statistics of one week of 1913, and comparing them with the same week of

Visible Translated Text Is As Follows: morning before I would take it over. Then it tells tipsdelivered from Mr. Quinn's report.Now on the right side you will notice this entry, "Bet-ter grades, gross, net." From this small sheet we gettotal of better grades 710, gross. Then right below it says700 gross net. There were 710 gross, and on that repackedsheet I called out there 10 gross good goods repacked, there-fore the difference of 10 gross. Then we look on down thispencil sheet, cut down each and every one of the items accordingly--you will notice in some places I marked some

Visible Translated Text Is As Follows: in ferrules, the medium rubber, and the better class of rubber.In other words, it's gotten by adding together therubber at 9 cents a gross, and the rubber at 14 cents a gross,and adding together the total amount of gross used. And yousee it says "materials", and it is reckoned at 10 cents; inother words, the materials used in making the tips in that tipplant we figured at 10 cents a gross, and the labor is in-cluded in that payroll item up above. Then there is 25 grossof these medium ends.Then the lead, which is

Visible Translated Text Is As Follows: salesman sells little or big his salary goes on and his expenses goes on. Rent, heat, light, power, sales department men, and all that, is figured out, as you would find by looking back, continuously, from week to week, and there is no work other than jotting it down to figure in this total.The repair sundries is also arbitrary at $150.00. The machine shop, however, is evadable. It appears alongside of "Investment". "Investment" is crossed out, and "Machine shop" written in. There is a reason for that. The time was at the inception of