Leo Frank TV

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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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 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: 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: 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: (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: 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

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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

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

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

Visible Translated Text Is As Follows: 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

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

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

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

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

Visible Translated Text Is As Follows: 313night, and are in close touch with many of these "trusty turnkeys," and "trusty attaches" of the jail; that while a prisoner at the County Prison before his transfer to the City Prison, a goodly number of persons were admitted to the cell block to talk with Respondent, whose presence there were requested or desired; that among these visitors was one whom this Respondent has every reason to believe was working in the interest of the Defendant; that this party presented Respondent with sandwiches which this Respondent did not eat, that this same party

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

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

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

Visible Translated Text Is As Follows: case above stated shall be terminated, or until said Connally shall be otherwise released by proper order of Court.This May 29, 1913.(Signed), Hugh M. Dorsey,Sol. Gen. Atlanta Circuit.Georgia, Fulton County,Comes now Hugh M. Dorsey, who being duly sworn, deposes and says the allegations in the above petition are true so far as they come within his knowledge, and so far as derived from the information of others he believes them to be true.Attested, May 29, 1913.(Signed), Hugh M. Dorsey.John H. Jones, (Signed)N. P. Fulton Co., Ga.The above and foregoing petition read and considered.Let the

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

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

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

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: room, carrying her on my right shoulder, and she got too heavy for me and she slipped off my shoulder and fell on the floor right there at the dressing room and I hollered for Mr. Frank to come there and help me, that she was too heavy for me, and Mr. Frank come down and he told me to pick her up, damn fool, and he run down there to me and he was excited, and he picked her up by the feet, her head and feet went sticking out of the cloth

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: Date.................... 191_Order No................NATIONAL PENCIL CO. ATLMANUFACTURERSShip to...........................................................Ship When.........................................................Remarks:Stock No. | Amount | Name of Remarks

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 26.Requisition sheet in handwriting of Leo. M. Frank, as follows:House No.7188Date_April 26, 1913SalesmanBill to J.D.P.Order No. 4/23/13NATIONAL PENCIL CO.MANUFACTURERSAtlanta,Ship to_F.W.W.Co. #68 Terre Haute,Ship When_at onceRemarks:Ind.Date_April 28, 1913Sales No. Amount Name of Remarks37 135 345 2120 2155 3920 1910 1CompleteO.K.HGSDateCompleteShipmentApr. 28, 1913Shipped CompleteApr. 28, 19132701270

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

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

Visible Translated Text Is As Follows: PAGE268BLANKPAGE

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

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

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

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

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 10 (Continued).April 24, 1913. Received of National Pencil Co. 12 cents parcel post.(Signed) A. Mann, B.April 24, 1913. Received of National Pencil Co. 50 cents thread. (Signed)A. Mann, F.April 24, 1913. Received of National Pencil Co. $1.00 dray. (Signed)Truman McCrary.April 25, 1913. Received of National Pencil Co. 10 cents carfare.(Signed) A. Mann, F.April 26, 1913. Received of National Pencil Co. $2.00 dray. (Signed)Truman McCrary.April 26, 1913. Received of National Pencil Co. 75 cents express.(Signed) So. Express Co., F.April 26, 1913. Received of National Pencil Co. $4.00 time for office work.(Signed) Herbert Wright,

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 7—Continued.Three pencil sheets (the last two of which are in Frank's handwriting), part of data for financial sheet.NATIONAL PENCIL COMPANY, Atlanta, Ga.F A C T O R Y P E N C I L S T O C K R E C O R D Week Ending April 17, 1913DATE 60x S.P. 50x S.P. 40x S.P. 30x S.P. 20x S.P. 10x S.P. 8x S.P. 7x S.P. 6x S.P. 5x S.P. 4x S.P. 3x S.P. 2 1/2x S.P. 2x S.P. 1 1/2x S.P. 1x S.P. 3/4x S.P. 1/2x S.P. 3/8x S.P. 5/16x S.P.

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 7—Continued.Three pencil sheets (the last two lines of which are in Frank's handwriting), part of data for financial sheet.FACTORY RECORDNATIONAL PENCIL COMPANY, Atlanta, Ga. Week Ending April 12, 1913PENCIL STOCKDATE 6 Copy N.P. 70% 75% 75% 75% 3PL 40% 410% 420% 425% 430% 440% 450 T 460 470 SPL 20% 25%

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: 176 .................................................. 254177 .................................................. 189178 .................................................. 190179 .................................................. 191180 .................................................. 192181 .................................................. 193182 .................................................. 194183 .................................................. 195184 .................................................. 196185 .................................................. 197186 .................................................. 198187 .................................................. 199188 .................................................. 200Date April 26, 1913.Solicitor Dorsey stated in open court that he had made the erasure noted on this time slip, supposing it to have been put there by the detectives, the words erased being "Taken out 8:26 a. m."DEFENDANT'S EXHIBIT 3.Data sheet, being part of financial sheet.PRODUCTIONS: WEEK-ENDING 4/24/13Gross Production 2765.5.Net Production 2719.5.Repacked good 10.Repacked cheap 36.Value repacked $70.00.Rubber inserted 720.Rubber cheap 667.5.Rubber good 706.5.Lead good 747.Lead cheap

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

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

Visible Translated Text Is As Follows: 253DEFENDANT'S EXHIBIT 1.Time slip, dated April 26, taken out of clock by Frank.101 .......... 601 .......... 138102 .......... 682 .......... 139103 .......... 700 .......... 140104 .......... 732 .......... 141105 .......... 800 .......... 142106 .......... 831 .......... 143107 .......... 906 .......... 144108 .......... 932 .......... 145109 .......... 1029 .......... 146110 .......... 1104 .......... 147111 .......... 1200 .......... 148112 .......... 107 .......... 149113 .......... 135 .......... 150114 .......... 203 .......... 151115 .......... 301 .......... 152116 .......... 330 .......... 153117 .......... 154118 .......... 155119 .......... 156120 .......... 157121 .......... 158122 .......... 159123 .......... 160124 .......... 161125 ..........

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: RE-DIRECT EXAMINATION,288160 cubic cc. of liquid in the stomach taken out nine days afterwards would be a little in excess of what I would consider normal under the conditions already named.DR. GEORGE M. NILES, sworn for the State in rebuttal.I confine my work to diseases of digestion. Every healthy stomach has a certain definite and orderly relation to every other healthy stomach. Assuming a young lady between thirteen and fourteen years of age at 11:30 April 26, 1913, eats a meal of cabbage and bread, that the next morning about three o'clock her dead

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: 218prove it. The nigger says he can't write and we feel that he can write." I said: "I know he can write, I have read many notes from him asking me to loan him money. I have received from him many notes from him not to know that he can write. In other words, I have received notes signed with his name, purporting to have been written by him, though I have never seen him to this date use a pencil." I thought awhile and then I says: "Now, I tell you; if you

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

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

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: and I stopped and-discussed it with them, and I was about to leave them when Henry Bauer came along in his automobile and stopped where I was and he asked me what I knew about it, and I had to stop and talk with him; and I finally got loose from him and went over to the home of Mr. Ursenbach on the corner of Pulliam and Washington. The child when I arrived there, I found Mr. and Mrs. A. D. Marcus, Mr. and Mrs. Charlie Ursenbach, and my wife, and a little later

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: I always make out and mail to Mr. Oscar Pappenheimer (Defendant's Exhibit 46), who was formerly a member of the Board of Directors, though he is not now. The other signed Defendant's Exhibit 48. I always invariably sent to my uncle, Mr. M. M. Frank, no matter where he is, who is president of the company. On this particular Saturday, my uncle had during the week ending April 26th, gone to New York, stopping at Hotel McAlpin, preparatory to taking his annual trip abroad for his health, he being a sick, feebl old man.

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: CONTINUED

Visible Translated Text Is As Follows: 189duction for April 18th, 19th, 22nd and 23rd, but he had omitted the entry for the 24th, and the 24th not being there, of course it was not totaled or headed, so it became necessary to look in this bunch of daily reports (Defendant's Exhibit 4a, 4b, 4c, 4d,) which was handed in, and then place them in, forelady, sort out the various pencils noted on there, and place them in their proper places. Before proceeding further on that, I want to call your attention to the fact that we use this sheet (Defendant's

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

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

Visible Translated Text Is As Follows: TO BE CONTINUED

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

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

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

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

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

Visible Translated Text Is As Follows: 189duction for April 18th, 19th, 22nd and 23rd, but he had omitted the entry for the 24th, and the 24th not being there, of course it was not totaled or headed, so it became necessary to look in this bunch of daily reports (Defendant's Exhibit 4a, 4b, 4c, 4d) which was filled in every day by the packing forelady, sort out the various pencils used on there, and place them in their proper places. Before proceeding further on that, I want to call your attention to the fact that we use this sheet (Defendant's

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

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: were typed on April 25th. Friday, were shipped on April 24th, and bear date at the top on which the shipment was made, irrespective of the date on which these are typewritten; in other words, the shipments took place April 24th, and that date is at the top typewritten, and a stamp by the office boy at the bottom, April 24th. Among other things that the S. H. Kress Company demands is that on their orders, you must state whether or not it is complete, the number of the store, and by which railroad

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

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

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

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

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

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

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