Leo Frank TV

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

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

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

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

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

Visible Translated Text Is As Follows: Schein gang for stealing in Walton County in 1894. We all pleaded guilty. The others paid out. I don't know how long I served a shop hammer. That was case No.L. There were three cases at the same time concurrent. One of the other Daltons stole a plow and I don't know what the other one stole. I was with them Feb.1899 at the February Term of Walton Superior Court I was indicted for helping steal a bale of cotton. In Gwinnett County I was prosecuted for stealing corn, but I came clear of

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: am going to ask you were you ever in Mr. Frank's office, meet him there between the middle of June and the 1st Saturday in January of this year, he asked if you ever met him there for any immoral purpose? A. I never met him there for anything except to get the money. But of my time."11th GROUND.MISS MARIE KARST, sworn for the State. Attached is a copy of the examination in chief and the cross examination which I gave on the trial of the case of the State vs. Leo M.Frank. Every

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: Frank and know that he was a man. I didn't pay much attention to what the girl had to say. I talked to Solicitor General Hugh M. Dorsey in the presence of Mr. Hass Rosser, city detective. The day I went on the stand Mr. Dorsey came into the room in his office where all of the girls were assembled, including Miss Nellie Wood. Mr. Dorsey stated that the time had now come when the State would introduce evidence with reference to Leo M. Frank's general character. He said he had been over and

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: the second time and I wasn't there, and he come again, & think it was Thursday or Friday, and I wouldn't make him no affidavit, and then he says "I will come to see you Sunday afternoon, will you be here, and I said yes sir, and he said I will be here at 2 or 3 o'clock and I said all right, and so he come out there that evening. There was nobody with him that Sunday & gave him the affidavit, and he told me, he says "there isn't one out of

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: before the 15th of next month and if I get out I will help you all. I can Annie Bear, because I love you so much=If I tell anybody where my money is they will go and get the whole dam bunch= Then I never would get it and the State may be so long paying me, they would not know what to do then but dont you worry.

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: down. I would write him notes, and he would write me; but he went be-yond himself in writing to me and I brought them back to him andasked him for my letters. I would lay them down and go downstairsfor something and I would come back and they would be gone, and intwo or three days, I would find them lying around in a peculiar place.I don't know whether any of these letters were dated. I didn't paythat much attention to them. He would write six or seven pages inone letter, and as high

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: For several weeks prior to April 1,1913, Mr.Leo M.Frankpaid me a dollar a week out of Jim Conley's pay on account for awatch purchased by Conley from Patric & Thompson. I collected adollar in this manner on March 8,1913,March 15,1913,March 22,1913,March 29,1913,April 5,1913, and April 19,1913. On April 26,1913,I was unable to get to the Pencil Factory by one thirty o'clockin the afternoon, it being customary for me to go to the PencilFactory by that time each Saturday to get the dollar and I did notcall at the factory that day. On the afternoon

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: Jom s was a witness for the State and testified at the trial that he saw Jim Conley at the corner of Forsyth Street between one and two o'clock and he left him at the corner of Hunter and Davis Streets a little after two o'clock. We did not know that he would testify to the contrary and that he wouldn't testify as is stated in his affidavit.We did not know, nor did we have any opportunity of knowing, until after the date of the trial of Leo M.Frank and after the date of

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: to all of the facts contained in this affidavit, and to any other facts in her knowledge which may be material. Among my associates in Atlanta, Georgia, while I resided there were Mr. and Mrs. Greenblatt, Judge and Mrs. Fred Powers, Dr. and Mrs. B. Wildauer, Mr. and Mrs. J. Saul, Mr. J. Saul, and my physicians, Dr. Manget and Dr. Sommerfield.F. M. POWERS, J. D. MAMGET, Sworn for the Movant. We are acquainted with Mrs. M. Jaffe. Her character and reputation are good and Mrs. Jaffe is worthy of belief and we would

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: MARY RICH, SWORN (Before Commissioner D.O.Smith) I knew Jim Conley on April 26,1913. I don't know whether I would know him now or not. Jim said it was Memorial Day. I saw him after the noon hour, after two o'clock. I asked a man who some along and he said, it was 2:30. Jim had gone before that time. I saw him between Madison Ave and Forsyth St. on Hunter St where I have been selling lunches for 3 or 4 years. He bought a 20¢ dinner from me and has not paid me

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: siderably after the trial and conviction of Mr.Frank that I acquainted his lawyers with these facts, and I then told either Mr. Leonard Haas, or Mr. Herbert J.Haas, I do not now recall which. The reason that I did not know the importance of my having seen Mr.Frank at this time, I did not know that it would have any bearing upon the case and when I first learned that it would have a bearing on the case I was then reluctant to tell these facts, as I desired to avoid notoriety and publicity;

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: OTTO SCHWAR, C.J.ASHINS and GEORGE A. TILLANDER, Swornfor movant. They are personally acquainted with Oscar Pappenheim-er; that some of his associates are T.A.Hammond, Dr.J.B.Buchanan,R.S.Wessells, G.E.Carrier, John K.ORR; that the said Pappen-heimer is a person of good moral character and credibility andthey would believe him on oathDR.H.F.HARRIS, Sworn for movant (Before a Commissioner)I am State Health Officer/ I made two examinations of the body ofMary Phagan at the request of Solicitor Dorsey. He told me he wouldsend some hair from one of the machines in the factory, and a day or solater some hair was

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: mother, Mrs. Mary Barrett. If Mrs. Maud Failey and Mrs. May Barrett, who was an employee of the pencil factory at the time this thing occurred, really knew what she now would have this court believe that she does know, then one can deliberately making misstatements as to her knowledge. But as the State believes and charges, for the purpose of protecting Leo M. Frank, who saw the importance of keeping the officers ignorant that Jim Conley was where he said he was, and where the State insists he was.The state submits that the

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: The absolute worthlessness of the evidence of Mrs. J. B. Simmons, as referred to in Ground 13 of the extraordinary motion, has been duly disposed of in replying to the ground dedicated alone to a discussion of the evidence of the said Mrs. Simmons. Also affidavit of James Conley amply refutes said charge

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: Also, the affidavit given by Mrs. Maggie May, nee Griffin.These affidavits establish the falsity of the claims as containedin Ground 8, and show in a measure the tactics pursued by this defend-ent in his effort to overturn the verdict of guilty.

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: State, that Magnolia Kennedy, the defendant's witness, saw thehair, they failed to ask any question,with reference to theidentity of this hair, and the State could with much more showof plausibility contend that because counsel for Frank did notask their witness this question when they knew, or ought to haveknown by diligent inquiry, that she could probably identify thehair as being that of Mary Phagan, that said attorneys for Frankwere suppressing material evidence, than can said attorneys, asthey have done in the first ground of this motion, assert thatthe State was suppressing material evidence, when

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: ward hair which was alleged to have been found by Barrett on the lathe, and the said Cora Falta states positively that the hair on said lathe was not the hair of Mary Phagan, and that the same was entirely too light in color and was not of the same texture as that of Mary Phagan, and places in lieu thereof the following; "that she was working at the National Pencil Co., for five years past; that she was acquainted with Mr. Frank and also R. P. Barrett, and knew Mary Phagan quite well

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: until the date of said affidavit, Exhibit E--that said Cora L. Leffew would testify as in said Exhibit E set out and could not have ascertained such by exercising due diligence.1-C. Because of the newly discovered evidence of Georgia Denham, which evidence so newly discovered is hereunto set out in an affidavit hereto attached and marked Exhibit D.Upon the original trial of movant, the State contended that Mary Phagan had been murdered in the metal room of the second floor of the factory and had been carried from that place by movant and Jim

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: G E O R G I AFULTON COUNTY.STATE OF GEORGIA ) VS. ) Fulton Superior CourtLEO M. FRANK. ) Extraordinary motion for new trial.Before the undersigned, personally appeared Leo M. Frank,who upon oath deposes and says that the facts in the aboveand foregoing amendment for new trial are just and true, asthey stand stated.(Signed) Leo M. FrankSworn to and subscribed before methis 23rd day of April, 1914.(Signed) O. W. Burke,Notary Public, Fulton County, Ga.

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: trial of said case, the state insisted that Leo M. Frank carried the deceased, Mary Phagan, back to the metal room in the rear of the factory and killed her, whereas the testimony of this witness shows that the said Mary Phagan went into said Frank's office and came out and that when she came out and went down the steps, that Frank was still in his office. Movant further shows that said testimony completely repudiates the evidence of the negro Jim Conley and corroborates to the fullest extent the testimony of the witness

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: a drink where it is claimed he was met by Iva Jones and that Jones and Conley went towards home of Conley together.Jones has since testified, and will as the defendant isinformed and believes, now testify, that he met no one in saidsaloon nor on his way by the saloon to his home, except BuddyPerry, meeting him at Davis and Hunter StreetsNeither the defendant nor his counsel had any reason tobelieve that Ivy Jones was telling other than the truth when hetestified to seeing Conley in said saloon, and had no possiblemeans of knowing,

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: far as she knew or knows is bad for lasciviousness; that she has never heard of the defendant acting in any unbecoming manner toward anyone; that she has at no time seen any woman in the defendant's office and never heard any girl or woman say that they had ever seen any woman in defendant's office or had seen the defendant act unbecoming to ladies, that the defendant always made the girls at the factory attend strictly to business and that when she testified his character was bad at the original trial, she intended

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: 1:30 o'clock, on that day, assisting the said Conley to move the body from the second floor to the basement.The defendants here and now offers to show and prove to the Court all of the facts herein set forth, and swears to the existence of these facts as the truth, and asks the Court to investigate them in this extraordinary motion.Defendant further submits that the discovery of the foregoing facts is material, and that it is such an extraordinary state of facts as would probably produce a different result on another trial; that said

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: The Solioitor General likewise alluded to the finding of this hair in his brief before the Supreme Court of Georgia.The defendant further shows that it was one of the strong contentions of the state that Mary Phagan had been inveigled by Frank into the metal room on the second floor of the factory and he had there murdered her. The negro Conley in his testimony stated that he found Mary Phagan in the metal room, dead, and that Frank engaged him to conceal her in the basement of the factory. The witness Barrett testified

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

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

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

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

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

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

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Visible Translated Text Is As Follows: builds up that story as additions may be needed, he is assured that the detectives will save him as far as possible from court and Grand Jury, and will, so far as they can, fix upon him no greater crime than that of a misdemeanor.12. Conley and his counsel are wise. There is for them no other hope than for the detectives to keep Conley and save him from a confession that he committed the crime, giving him immunity, provided he continues to put the guilt on Frank.Respectfully submitted,Rosser & Brandon,Attys. for Leo Frank.Order