Leo Frank TV

Visible Translated Text Is As Follows: that I had never seen before at the west end of the dressing room on the second floor of the pencil factory. That spot was not there Friday. The spot was about 4 or 5 inches in diameter and little spots behind these from the rear - 6 or 8 in number. I discovered these between 6:30 and 7 o'clock Monday. It was blood. It looked like some white substance had been wiped over it. We kept potash and haskoline, both white substances, on this floor. This white stuff was smeared over the spots.

Visible Translated Text Is As Follows: serious mistake. That is an oversight. Yes, I reported to the police beforeI reported to Mr. Haas or Mr. Montag.RE-DIRECT EXAMINATION.Yes, our agency reported to the police about finding the club. I find itis in our report of May 15th. I don't know when it was reported; I wasout of town. I worked all through this case with Detective Black and everymove he made was known to both of us. As to the stairway from the base-ment to the upper floor, there was a great deal of dust on the stairs and thedust didn't

Visible Translated Text Is As Follows: 25CROSS EXAMINATION.Yes, I sent you this report as to what happened between Mr. Herbert J. Haas and myself: "This afternoon Supt. H. B. Starnes and myself held a conference with Mr. Herbert Haas, at which time Darley's position in the matter was discussed, and Mr. Haas stated they wanted to learn who the murderer was, regardless of who it involved."- Mr. Haas told me that after I had told him we would withdraw from the case before we would not co-operate with the police. No, I did not report that to you. I reported

Visible Translated Text Is As Follows: chipped out places. It was just as though somebody had taken a cloth and rubbed some white substance around in a circle, about eight inches in diameter. This white stuff covered all of the dark spots. I didn't note any unusual signs of nervousness about Frank in his office. There wasn't any trembling or anything of that sort at that time. He was not composed. On Tuesday night, April 29, Black, Mr. Frank and myself were together and Mr. Black told Mr. Frank that he believed Newt Lee was not telling all that he

Visible Translated Text Is As Follows: reached the street door entrance he found Lee talking to Gantt, an ex-book- keeper who Frank had discharged for stealing. Mr. Frank stated that he had arrived home at about 6:25 p. m. knowing that he had discharged Gantt, he tried to get Lee on the telephone at about 6:30; knowing that Lee would be in the vicinity of the time clock at that time and could hear the tele- phone ring; that he did not succeed in getting him at 6:30, but that he got him at seven; that he asked Lee the

Visible Translated Text Is As Follows: I am Superintendent of the local branch of the Pinkerton Detective Agency. I have worked on this case with John Black, city detective. I was employed by Mr. Frank regarding the National Pencil Company. I saw Mr. Frank Monday afternoon, April 28, at the pencil factory. We went into Mr. Frank's private office. Mr. Darley and a third party were with us. Mr. Frank said, "I guess you read in the newspapers about the horrible crime that was committed in this factory, and the directors of this company and myself have had a conference

Visible Translated Text Is As Follows: and kind of hesitated and stuttered like he didn't like me in there somehow or other.21GROSS EXAMINATION.I testified at the coroner's inquest. I admit I did not testify about Frank's knowing Mary very well there, that has been recalled to my mind since I was arrested on Monday, April 28th, at 11 o'clock and held until Thursday night about six.MRS. J. A. WHITE, sworn for the State.I saw my husband at the pencil factory at 11:30. I stayed there until about 10 minutes to 12. I left him there and came back about 12:30

Visible Translated Text Is As Follows: 20MRS. J. W. COLEMAN, re-called for the State.Mary carried a little silver mesh bag the day she left her home, made of German silver. This looks like the handkerchief that she carried. (State's Exhibit "M.")J. M. GANTT, sworn for the state.From June last until the first of January I was shipping clerk at the National Pencil Company. I was discharged April 7th by Mr. Frank for alleged shortage in the payroll. I have known Mary Phagan when she was a little girl. Mr. Frank knew her, too. One Saturday afternoon she came in the

Visible Translated Text Is As Follows: whether Mr. Frank finished dressing upstairs or not. I couldn't see him when he went behind those curtains. We stayed at the Frank home about ten minutes. At the undertaking establishment I was right behind Mr. Frank. He-was-between me and the face when I saw the face when the undertaker turned her over. Yes, Mr. Frank was in front of me had an opportunity to see it also. No, Mr. Frank didn't go into that sleeping room. Mr. Frank went out just ahead of me. When we went back to the pencil factory Mr.

Visible Translated Text Is As Follows: 18anything that we might find in connection with the case. On Tuesday night Mr. Scott and myself suggested to Mr. Frank to talk to Newt Lee. Mr. Frank spoke well of the negro, said he had always found him trusty and honest. They went in a room and stayed from about 5 to 10 minutes alone. I couldn't hear enough to swear that I understood what was said. Mr. Frank stated that Newt still stuck to the story that he knew nothing about it. Mr. Frank stated that Mr. Gantt was there on Saturday

Visible Translated Text Is As Follows: 17JOHN R. BLACK, sworn for the State.I am a city policeman. I don't know the details of the conversation between Mr. Starnes and Mr. Frank over the phone. I didn't pay very much attention to it. I went over to Mr. Frank's house with Boots Rogers. Mrs. Frank came to the door. Mrs. Frank had on a bath robe. I stated that I would like to see Mr. Frank and about that time Mr. Frank stepped out from behind a curtain. His voice was hoarse and trembling and nervous and excited. He looked to

Visible Translated Text Is As Follows: dressing room and Mary's machine within two or three feet. Mr. Frank, during the past twelve months, would pass through the metal department looking around every day. Sometimes I would find him talking to some of the men in the office at the clocks. He came back in the metal room to see how the work was getting on. The metal is kept in a little closet back under the stair steps. I asked Mr.Quinn, not Mr. Frank, if the metal had come. Saturday at twelve o'clock is the regular pay-day, but the week

Visible Translated Text Is As Follows: Frank stepped into that dressing room, but he passed out of my view. So did Mr. Black. Mr. Ghesling had a better view of Mr. Black and Mr. Frank than I did, because my back was to them and Mr. Ghesling was looking straight across the body at them. Mr. Frank had no difficulty in unlocking the safe when we went back to the factory. The elevator we went down on is a freight elevator, makes considerable noise. It stops itself when it gets to the bottom. I don't think it hits the ground.

Visible Translated Text Is As Follows: (Defendant's Exhibit I), the first punch was 6:01, the second one was 6:32 or 6:33. He took the slip back in his office. I glanced all the way down and there was a punch for every number. While we were walking through the factory Mr. Frank asked two or three times for a cup of coffee. As to what Mr. Frank said about the murder, I don't remember that I heard him express himself except down in the basement. The officers showed him where the body was found and he made the remark that

Visible Translated Text Is As Follows: that he didn't know whether he did or not but that he could tell whether she worked at the factory by looking at his pay roll book - As we were leaving Mr. Frank's house, Mr. Frank asked Mrs. Phagan to telephone Mr. Darley to come to the factory. Mr.-Frank was apparently still nervous at the under- taking establishment, he stepped lively. He was just his general manner that indicated to me that he was nervous. I never saw Mr. Frank in my life until that morning. After we got out of Mr. Frank's

Visible Translated Text Is As Follows: about 3 a. m. about hearing the telephone ring. Mr. Black said something about whiskey to Mrs. Frank in Mr. Frank's presence. Mrs. Frank said Mr. Frank hadn't had any breakfast and we'd allow him to get breakfast. I told Mr. Black that I was hungry myself. Frank said let me have a cup of coffee, Mr. Black in a kind of slip, said, "I think a drink of whiskey would do him good," and Mrs. Frank made the remark that she didn't think there was any whiskey in the house. Mr. Frank seemed

Visible Translated Text Is As Follows: CRO88 EXAMINATION.I am guessing about the time. It wouldn't take over five minutes to get off the car, walk to the pencil factory door, in, walk up the stairs and back into Mr. Frank's office. The hasp is bent a little. I heard Boots Rogers testify at the coroner's inquest and I testified twice. I did not correct any statement at the coroner's inquest that Boots Rogers made. I am the prosecutor in this case. I can not give the words of the conversation of the telephone message between myself and Mr. Frank. I

Visible Translated Text Is As Follows: 10RECALLED FOR THE STATE.The trap door leading up from the basement was closed when we got there.There were cobwebs and dust back there.J. N. STARNEB, sworn for the State.I am a city officer. Went to the pencil company’s place of business between five and six o’clock, April 27th. The pencil company is located in Fulton County, Georgia. That is where the body was found. The staple to the back door looked as if it had been prized out with a pipe pressed against the wood. There was a pipe there that fitted the indentation

Visible Translated Text Is As Follows: hat was possibly nearer the elevator than the shoe. That was a dirt floor and cinders on it scattered over the dirt. I thought the places on her face had been made from dragging. I think I saw little blood on the underclothing. I did not testify before the coroner that the blood ran a little when we moved the body. I didn't say it was liquid. The blood was dry. The little trail where I thought showed the body was dragged went straight on down where the girl was found. It was a

Visible Translated Text Is As Follows: truding just the least bit. I began to look around and found a couple of notes. The cord was pulled tight and had cut into the flesh and tied just as tight as it could be. The underclothing around the neck was not tight. There wasn't much blood on her head. It was in her hair and it was a little moist. This scratch pad (State's Exhibit "H") was also lying on the ground, close to the body. The body was lying with the head towards Forsyth Street, the head being near the partition.

Visible Translated Text Is As Follows: RE-DIRECT EXAMINATION.The first time I saw Mr. Frank put any tape on, he didn't say anything about it being any trouble. The last time he put it on, he said something about that he wasn't used to putting it on. He was holding the lever there and he got it on twice and he had put it on wrong and he would have to slip it out and put it back. When Mr. Frank came out rubbing his hands, he came out of his inner office into the outer office and from there in

Visible Translated Text Is As Follows: from there. No. I didn't go back as far as they found the body. I didn't go back that far at all during the night - The reason I went that far back when I saw the body was because I was after the closet. There are two closets on the second floor, one on the third floor and one on the fourth floor. I didn't see the lady's hat or shoe when I went down to that little place with my lantern, nor the parasol. My lantern was dirty. I was sitting down

Visible Translated Text Is As Follows: going in the basement. That would only prevent anybody from up stairs from going into the basement unless they went by the elevator or by unlocking those double doors. All of the doors to the factory were unlocked when I got back there Saturday afternoon about six o'clock, the first floor, the second floor, the third floor and the fourth floor. Anybody could come right in from the street and go all over the factory without Mr. Frank in his office knowing anything about it. The doors are never closed at all. That is

Visible Translated Text Is As Follows: saw something laying there which I thought some of the boys had put there to scare me, then I walked a little piece towards it and I seen what it was and I got out of there. I got the ladder and called up police station. It was after three o'clock. I carried the officers down where I found the body. I tried to get Mr. Frank on the telephone and was still trying when the officers came. I guess I was trying about eight minutes. I saw Mr. Frank Sunday morning at about

Visible Translated Text Is As Follows: and I went and says, "Alright, Mr. Frank," and he says, "What time is it?"and I says, "It lacks two minutes of six." He says, "Don't punch yet, thereis a few worked to-day and I want to change the slip." It took him twice aslong this time than it did the other times I saw him do it. He fumbled puttingit in, while I held the lever for him and I then made some remark abouthe was not used to putting it in. When Mr. Frank put the tape in I punchedand I went

Visible Translated Text Is As Follows: CROSS EXAMINATION.I know what time it was when I met Mary, because I looked at Keheley's clock at the corner of Oliver and Bellwood, where I caught the car. She caught the car at Oliver and Lindsay where I caught the car at Oliver and Bell Street. She got on before I did, at the block before. I didn't say anything before the Coroner's jury about seeing a clock there, but I did see one. I know it was about seven minutes after twelve when I got off at Marietta Street because I can

Visible Translated Text Is As Follows: In the Supreme Court of GeorgiaOCTOBER TERM, 1913LEO M. FRANK,Plaintiff in ErrorVS.STATE OF GEORGIA,Defendant in ErrorFrom Fulton Superior Court.BRIEF OF THE EVIDENCE.MRS. J. W. COLEMAN, sworn for the State.I am Mary Phagan's mother. I last saw her alive on the 26th day of April, 1913, about a quarter to twelve, at home, at 146 Lindsey Street. She was getting ready to go to the pencil factory to get her pay envelope. About 11:30 she ate some cabbage and bread. She left home at a quarter to twelve. She would have been fourteen years old

Visible Translated Text Is As Follows: White, Mrs. J. A.April 26th.11:30 a. m., saw her husband at factory.Frank, Miss Hall, Denham, White, and two other men, all in factory at that time.11:45 she left.12:30 p. m. she returned.1:00 p. m. she left, she saw Frank in his office as she left, he was at work.1:00 p. m. she saw unknown negro at foot of stairs sitting on box as she left factory.White and Denham worked fourth floor.Willett, T. H.Pattern, or model, of factory.Defense Exhibit 13.Made by blue print, Def. Ex. 87.WitnessesTESTIMONY FOR STATE.D O RD ROAnderson, W. F.Barrett, R. P.Beavers,

Visible Translated Text Is As Follows: . Duffy, J. B.,Cut his hand in metal roomBled profuselyDrops fell on floor by machineWent To Atlanta HospitalEpps, GeorgeApril 26th11:50 a. m., first saw deceased12:07 p. m., last saw herDeceased caught car into city at Oliver and Lindsey Sts_ Witness caught same car at Oliver and Bell StsEpps, Vera .Minar visit to Epps homeExhibitsDefense-1, Time slip, April 26th (253) ; 2, Financial Sheet, April 26th (254) ;3, Data Sheet, part of Financial Sheet (254); 4a, Packing Room Re-ports (255);—(256); 4b, Job--Department—Reports- (258); 4¢, DailyDeliveries (259); 4d, Tip Deliveries (260); 5, Average (of orders)Sheet (260);

Visible Translated Text Is As Follows: In the Supreme Court of GeorgiaFALL TERM, 1913LEO M. FRANK,Plaintiff in Error,vs.STATE OF GEORGIA,Defendant in ErrorIn Error from Fulton Superior Courtat the July Term, 1913BRIEF OF THE EVIDENCE

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Visible Translated Text Is As Follows: the evidence that this defendant is guilty, then, gentlemen, you would be authorized in that event, if you saw fit, to do so, to say: "We, the jury, find the defendant guilty, and we recommend that he be imprisoned in the penitentiary for life." In the event you should make such a verdict as that, then the Court, under the law, would have to sentence the defendant to the penitentiary for life.You have heard the defendant make his statement. He had the right to make it under the law. It is not made under

Visible Translated Text Is As Follows: allowed to attack it by proving that his general reputation is not good, or by showing that the witnesses who have stated that his character is good, have untruly reported it. Hence, the Solicitor-General has been allowed to cross-examine the witnesses for the defense who were introduced to testify to his good character. In the cross-examination of these witnesses, he was allowed to ask them if they had not heard of various acts of misconduct on the defendant's part. The Solicitor-General had the right to ask any questions along this line he pleased, in

Visible Translated Text Is As Follows: When a homicide is proven, if it is proven to be the act of the defendant, the law presumes malice, and unless the evidence should relieve the slayer he may-be found guilty of murder. The presumption of innocence is removed by proof of the killing by the defendant. When the killing is shown to be the act of the defendant, it is then on the defendant to justify or mitigate the homicide. The proof to do that may come from either side, either from the evidence offered by the State to make out its

Visible Translated Text Is As Follows: CHARGE OF THE COURT.State of Georgia, )vs. ) Murder.Leo M. Frank. ) Fulton Superior Court. ) Trial: July 28th to Aug. 21, 1913.Gentlemen of the Jury:This bill of indictment charges Leo M. Frank with the offense of murder.The charge is that Leo M. Frank, in this county, on the 26th day of April, ofthis year, with force and arms, did unlawfully and with malice aforethoughtkill and murder one Mary Phagan by then and there choking her, the saidMary Phagan, with a cord placed around her neck.To this charge made by the bill of indictment

Visible Translated Text Is As Follows: what did he say, giving his language as nearly as you can recollect it, and if you can not recall the exact language, state the tenor and effect of said language.A. I only recall that, to the best of my recollection, he said that if the jury did turn Frank aloose, Frank would never get away alive.8. Q. How long did A. H. Henslee discuss the trial of Leo M. Frank in Monroe, Georgia, between said dates, and how many times did he repeat the statement that he thought Frank was guilty, in your

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Visible Translated Text Is As Follows: EXHIBIT NN--(Continued).Georgia, Walton County.State of Georgia, vs. Leo M. Frank. In the Superior Court of Fulton County, Georgia.Written questions to be propounded to J. J. Nunnally, Esq., W. L. Ricker, Esq., Virgil Harris, Esq., and ____, residence Monroe, Walton County, Georgia.1. Q. Have you examined the attached clipping from the Atlanta Georgian of August 23, 1913, and particularly the likeness in said clipping of A. H. Henslee? A. Yes.2. Q. Do you know A. H. Henslee? A. Yes.3. Q. Do you recall whether or not A. H. Henslee was in Monroe, Georgia, between the

Visible Translated Text Is As Follows: Phagan. He denounced Frank bitterly and vehemently and made this statement about Frank in my hearing: "They are going to break that Jew's neck." This was stated most bitterly and positively.5. Q. Did you hear A. H. Henselee, in Monroe, Georgia, between said dates, make any statements as to what he believed about the guilt of Leo M. Frank of the murder of Mary Phagan; if so, what were those statements?A. Yes, he said that Frank was guilty.6. Q. Did A. H. Henselee, in Monroe, Georgia, between said dates, in your presence, and hearing,

Visible Translated Text Is As Follows: EXHIBIT NNGeorgia, Fulton County.State of Georgia, vs. Leo M. Frank, In Superior Court of Fulton County.To the Honorable Clerk of the Superior Court of Walton County, Ga.This application shows the following facts:Heretofore, a verdict of guilty was returned in said case, judgment was passed by the Court, and a motion for new trial was filed in said case, which said motion for new trial is set for hearing on October 4th, 1913, before Judge L. S. Roan, Judge of the Stone Mountain Circuit.It is shown that there are three parties who reside in Monroe,

Visible Translated Text Is As Follows: EXHIBIT MM--(Continued).Georgia, Hancock County.State of Georgia, )vs. ) In Superior Court of Fulton County, Georgia.Leo. M. Frank. )Questions to be propounded to John M. Holmes, of Sparta, HancockCounty, Georgia.1. Q. Have you examined clipping from the Atlanta Georgian of August26, 1913, hereto attached, showing a picture of the jury in theabove-stated case, and showing a likeness of Juror A. H. Henslee?A. Yes.2. Q. Are you personally acquainted with A. H. Henslee?A. Yes.3. Q. Did you or not hear A. H. Henslee discussing the question ofwhether or not Leo M. Frank was guilty of the

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Visible Translated Text Is As Follows: EXHIBIT MM—(Continued).Georgia, Hancock County.State of Georgia, ) In Superior Court, Fulton County, Georgia.vs. )Leo. M. Frank. )Questions to be propounded to T. M. Johnson, of Sparta, Hancock County,Georgia.1. Q. Have you examined clipping from the Atlanta Georgian of August26, 1913, hereto attached, showing a picture of the jury in theabove-stated case, and showing a likeness of Juror A. H. Henslee?A. Yes.2. Q. Are you personally acquainted with A. H. Henslee?A. I know him by sight.3. Q. Did you or not hear A. H. Henslee discussing the question of whetheror not Leo M. Frank was

Visible Translated Text Is As Follows: EXHIBIT MM—(Continued).Georgia, Hancock County.State of Georgia,vs. { In Superior Court of Fulton County, Georgia.Leo M. Frank.Questions to be propounded to Shi Gray, of Sparta, Hancock County, Georgia.1. Q. Have you examined clipping from the Atlanta Georgian of August 26, 1913, hereto attached, showing a picture of the jury in the above-stated case, and showing a likeness of Juror A. H. Henslee? A. Yes.2. Q. Are you personally acquainted with A. H. Henslee? A. Yes.3. Q. Did you or not hear A. H. Henslee discussing the question of whether or not Leo M. Frank was

Visible Translated Text Is As Follows: 3. Q. During the time between the murder of Mary Phagan, as reported in the newspapers, to-wit: on April 26, 1913, and the commencement of the trial of the above case, what statements, if any, did you hear juror Henslee make in connection with Leo M. Frank, or as to who murdered Mary Phagan, or as to who was guilty of this murder; or as to how the trial of Leo M. Frank for this murder would terminate.A. About the time that Conley was reported to have made a statement, I was coming into

Visible Translated Text Is As Follows: EXHIBIT LL.Georgia, Fulton County,State of Georgia, )vs. ) In the Superior Court of Fulton County, Georgia.Leo. M. Frank. )To the Honorable George I. Bell,Judge of the Fulton Superior Court:This application is presented to the Court by Leo M. Frank, the defendant in the above stated case, and shows to the Court the following facts:The above stated case of the State of Georgia vs. Leo M. Frank, indictment for murder, has been tried, a verdict found, and this defendant sentenced, and a motion for a new trial in said case is now pending before Honorable

Visible Translated Text Is As Follows: EXHIBIT JJ.State of Georgia,County of Muscogee.Personally appeared before me, an officer duly authorized by law to administer oaths, the undersigned who, being sworn, deposes and says that he was head clerk at the New Albany Hotel Company, proprietors), located at Albany, in said state and county, all during the months of June, July and August, 1913, and for several years prior to that time; and that attached hereto, marked "Exhibit A," is the register of guests at said hotel from the 20th day of June, 1913, to the 31st day of August, 1913; and

Visible Translated Text Is As Follows: Georgia, Fulton County.State of Georgia, vs. Leo. M. Frank.Before me, an officer authorized under the laws of Georgia to administer oaths, personally appears each of the undersigned persons, personally known to me, who, being duly sworn, depose and say on oath:That they are personally acquainted with Julian A. Lehman; and that said Lehman is a man of the highest personal and moral character and reputation, and that he is entirely trustworthy, and worthy of belief, as to any statement made by him.W. E. UPSHAW.S. E. PRUMAN.Sworn to and subscribed before methis October 16th, A.

Visible Translated Text Is As Follows: Georgia, Hancock County.State of Georgia, ) In the Superior Court of Fulton County, Ga.vs. )Leo. M. Frank. )Before me, an officer authorized under the laws of Georgia to administeroaths, personally-appears each of the undersigned persons, personally knownto me; who, being duly sworn, deposes and say on oathThat they are personally acquainted with Jno. M. Holmes, Shi Gray andS. M. Johnson; and that said Holmes, Gray and Johnson are each of thehighest personal and moral character and reputation, and that they are eachentirely trustworthy, and worthy of belief, as to any statement made bythem, or

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Visible Translated Text Is As Follows: EXHIBIT CC.Georgia, Walton County.State vs. Georgia.Leo M. Frank.Before me, an officer authorized under the laws of Georgia to administer oaths, personally appear J. J. Nunnally and W. L. Ricker, of Monroe, Georgia, who, being duly sworn, depose and say on oath as follows:That they have seen in the public prints that A. H. Henslee, one of the jurors in the Frank case, admits having made certain statements as to Frank's guilt of the murder of Mary Phagan, but says these statements were made after the trial of Leo M. Frank, and not before.That in

Visible Translated Text Is As Follows: EXHIBIT BB-(Continued)FRANKLIN BUGGY COMPANY, INC."I Manufacturers of the"Improved Barnesville Buggy"Barnesville, GeorgiaWhen Shipped—July 8, 1913.How Shipped—Ship to—Sam FarkasAlbany, Ga.BODY GEAR AXLE WHEELSQuantity Cat. No. Width Style Spring Color Drop Arch Tread Height Top Trimmings Stripe Price Each1 44 20 R Side Bla Arch 3/4 38/42 R R R 62.501 Set Rubbers for job 44-V-7 Side Car Arch 3/4 38/42 R R R 1.50 Net1 44 22 R Side Car Arch 3/4 38/42 R R R 62.501 Set Rubbers for Job 44-V-7 Side Bla Arch 3/4 38/42 R R R 1.50 Net1 44 23 R Side

Visible Translated Text Is As Follows: EXHIBIT BB—(Continued)Georgia, Dougherty County.State of Georgia, vs. Leo M. Frank. In the Superior Court of Fulton County, Georgia.Before me personally appeared Sam Farkas, who being duly sworn deposes and says that attached to the affidavit is a carbon copy of an order made by Sam Farkas, of Albany, Georgia, to Franklin Buggy Company, Incorporated, of Barnesville, Georgia.Said order is marked Exhibit "A." Said order was taken by A. H. Henslee, a traveling salesman for said Franklin Buggy Company, in person; said order was taken on the date same bears date, to-wit: on July 8th

Visible Translated Text Is As Follows: EXHIBIT BB.Georgia, Dougherty County.State of Georgia,vs.Leo M. Frank. ⎫ In the Superior Court of Fulton County, Georgia. ⎬ ⎭Before me personally appears Mack Farkas, who being duly sworn deposes and says that attached to this affidavit is a carbon copy of an order made by Sam Farkas, of Albany, Georgia, to Franklin Buggy Company, Incorporated, of Barnesville, Georgia.Said order is marked Exhibit "C." Said order was taken by A. H. Henslee, a traveling salesman for said Franklin Buggy Company, in person; said order was taken on the date same bears date, to-wit: on July

Visible Translated Text Is As Follows: opposite the entrance, and afterwards the crowd yelled "Hurrah for Dorsey," and the volume of the yells were so great that they could have been heard many blocks away; that they threw up their hats and gave other demonstrations; that at the time of the yelling the jury was just crossing the street toward the German Cafe, not fifty feet away from the entrance, and in the opinion of deponent must have heard the yelling and the words "Hurrah for Dorsey," because they could be plainly heard.Deponent further states that he was in his

Visible Translated Text Is As Follows: Deponent further states that he was in room 301 of the Kiser Building,on Saturday, August 23; that he saw the jury emerge from the court houseentrance at about one o'clock; that a few minutes after the jury came out,Mr. Dorsey came out and immediately a great crowd around the court housedoor set up a yell and cheer, saying "Hurrah for Dorsey," taking off theirhats and throwing them in the air and otherwise exhibiting their enthusiasm;that at the time of the yelling, the jury was still in sight of deponent, butdeponent is of the opinion

Visible Translated Text Is As Follows: jury came out of the court-room, Mr. Dorsey came out, and the crowd set up cheering and yelling "Hurrah for Dorsey." At the time of the yelling and cheering the jury was just crossing the street towards the Barbers' Supply Company, which is next to the Kiser Building. That in the opinion of the deponent there was about a thousand people crowding about the court room. MARANO BENBENISTY.Sworn to and subscribed before methis 29th day of August, 1913.C. A. STOKES,Notary Public, Fulton County, Ga.EXHIBIT W.State of Georgia,vs.Leo M. Frank.Personally appeared Isaac J. Hazan, who

Visible Translated Text Is As Follows: Just preceding Solicitor Dorsey, the jury had come out of the Court House and had gone a short way up the street to the German Cafe for lunch; at the time of this cheering, which could be heard for a great distance on all sides of the Court House, the jury were in easy hearing distance of the noise during the whole time when the crowd was cheering Solicitor Dorsey.Said demonstration over the Solicitor, occupied not less than three (3) minutes, and perhaps not exceeding five (5) minutes, and took place on the last

Visible Translated Text Is As Follows: On the day aforesaid, to-wit—that the jury returned the verdict, Mr.Cochran was standing in front of the Court House at the time the jury came out of the Court House to go to dinner; at just about the time or near that time, and while the jury were in the vicinity of the same time or near licitor-General Hugh M. Dorsey came out of the Court House and went across the street to the Kiser building.Deponent says that at the appearance of Solicitor Dorsey on the street coming from the Court House, a crowd

Visible Translated Text Is As Follows: Union car shed, corner Pryor and Wall Streets, he still observed one of the figures in the jury-room peering southward, with both hands upon the window sill, whom he recognized as being Juror Smith, one of the jurors in the case of the State versus Leo M. Frank, then on trial. The other person, who had his head through the window peering southward, had by this time stuck his head back into the room, and deponent could not tell who he was.Sworn to and subscribed before methis 3d day of October, 1913.J. H. LEAVITT,Notary

Visible Translated Text Is As Follows: EXHIBIT P.Georgia, Fulton County.The State of Georgia ) Fulton Superior Court.vs. )Leo M. Frank. )Personally appeared before me the undersigned a Notary Public in and for said county, Sampson Kay, who being duly sworn says that he is a resident of the city of Atlanta, living at No. 204 South Pryor Street. Deponent further says that on Saturday the 23rd day of August 1913, about 8 or 8:30 o’clock p. m. he saw the entire above entitled case walking along South Pryor Street with a deputy sheriff in front and another walking in the

Visible Translated Text Is As Follows: EXHIBIT N.Georgia, Fulton County.The State of Georgiavs.Leo M. Frank. Fulton Superior Court.Personally appeared before the undersigned, a Notary Public in and forsaid county, Mrs. A. Shurman, who on oath says that she is a resident ofthe city of Atlanta, living at No. 240 Central Avenue. Deponent says thaton Monday morning, August 25th, 1913, the last day of the trial of the saidLeo M. Frank, she was in the court room of said court, she was present in the court roomin company with Miss Martha Kay, of No. 264 South Pryor Street, beforeroom and take

Visible Translated Text Is As Follows: being in the automobile with him his mother Mrs. Rose Kay, and his brother, Sampson Kay; that as the automobile approached the corner of South Pryor and East Fair Streets, he observed the jurymen in the Frank case turn into South Pryor from the east, out of East Fair Street, and deponent stopped his automobile to look at the jury, and upon doing so noticed that walking alongside the jury were some six or seven other men. Deponent was on the west side of South Pryor Street while the jury and the above entitled

Visible Translated Text Is As Follows: During the course of the trial deponent saw the jury pass to the jury box from the rear of the court room, the jury passed immediately by this deponent and also by a man, whose name is unknown to this deponent, but who was a spectator in the court-room, who was sitting about three feet from this deponent, just across the aisle, no one being between this man and deponent; as the jury passed this man, at the time specified, this man took hold of one of the jurors, he took the juror by

Visible Translated Text Is As Follows: Affiant further says that at and before said trial was entered on, and during the whole of said trial that affiant had no knowledge whatsoever as to M. Johenning and A. H. Henslee, two of the jurors, being prejudiced, partial and biased in said case, as evidenced by the affidavits of H. C. Lovenhart, Mrs. J. C. Lovenhart, Miss Marian Lovehart, S. Aron, Max Farkas, R. I. Greener, John W. Holmes, Shi Gray, S. M. Johnson, J. J. Nunnally, W. L. Ricker, J. A. Lehman, and C. P. Stough. Affiant did not know either

Visible Translated Text Is As Follows: that he is personally acquainted with M. Johenning, one of the jurors in the above stated case, and that during the month of May, 1913, said M. Johenning had a conversation with this deponent, in which he discussed the death of little Mary Phagan.Further deposing he says that in said conversation the said juror, M. Johenning, expressed his opinion to deponent that Frank was guilty of the murder of Mary Phagan, and that it was necessary and conviction.Sworn to and subscribed before me this 2nd day of September, 1913.H. C. LOEVENHART.C. W. BURKE,Notary Public,

Visible Translated Text Is As Follows: affidavit, and deponents have brought same to the attention of the Court at the earliest possible moment at which the Court could take cognizance of said affidavit; after the trial, which is the date on which the rule ni si is on return; that is, October 4, 1913, same being on that day presented to the Court as part of the motion for new trial.Further deposing, deponents say that, had they known at the trial of any of the facts or statements of the affiants which would disqualify, or tend to disqualify, said jurors,

Visible Translated Text Is As Follows: known and recognized by this deponent as one of the jurors who tried the Frank case and returned a verdict of guilty; said A. H. Henslee was at said Elks Club at the time mentioned, and made the statement in this deponent's hearing: "I am glad they indicted the God dam Jew. They ought to take him out and lynch him. And if I get on that jury I'd hang that Jew sure." This statement was made in connection with the indictment of Leo M. Frank for the murder of Mary Phagan, and made

Visible Translated Text Is As Follows: Frank jury, expressed himself as being convinced of Leo M. Frank's guilt of the murder of Mary Phagan; the exact language used by said party, deponent does not recollect, but his recollection is that he used the words "I believe Frank is guilty," referring to the murder of Mary Phagan.MACK FARKAS.Sworn to and subscribed before me this September 4, 1913.L. L. FORD,Notary Public Dougherty County, Georgia.EXHIBIT C.Georgia, Fulton County.State of Georgia, County of Fultonvs.Leo M. Frank.Fulton Superior Court.Personally appears Julian A. Lehman, who being duly sworn makes this affidavit to be used on the

Visible Translated Text Is As Follows: EXHIBIT A.Georgia, Dougherty County.The State of Georgia ) Indictment for Murder.v. ) In Superior Court Fulton County, Georgia.Leo M. Frank. ) Motion for New Trial.Before me personally appeared R. L. Gremer, who being duly sworn deposes and says that he makes this affidavit to be used on the motion for new trial in the above case.Further deposing he says that he is a resident of Albany, Ga., that he is acquainted with Mack Farkas, who works with Mr. Sam Farkas, who operates a livery stable and sale barn in Albany.Further deposing, he says that

Visible Translated Text Is As Follows: to act, and erroneous actions, by the Court, and because of such improper and illegal argument, movant says a new trial should be granted.103. Because the Court erred in failing to charge the jury, in reference to the witness, Jim Conley, that if the witness willfully and knowingly swore falsely as to a material matter, his testimony ought to be disregarded entirely, unless corroborated by the circumstances, or the testimony of other unimpeached witnesses.The Court erred in failing to charge the jury that, if they believed from the evidence, that Conley watched for Frank,

Visible Translated Text Is As Follows: 102. Movant further says that a new trial should be granted because ofthe following:The Solicitor-General, in his concluding argument, in referring to act ofJudge Roan discharging the witness Conley, from custody, stated:"Judge Roan did it, no reflection on the Sheriff, but with the friends ofthis man, Frank, pouring in there at all hours of the night, offering him sand-wiches and whiskey-and threatening his life, things that this Sheriff, who is asgood as the Chief of Police but no better, couldn't guard against because ofthe physical structure of the jail, Jim Conley asked, and His

Visible Translated Text Is As Follows: Whereupon the following colloquy occurred:Mr. Arnold: There's not a word of evidence as to that, that's a grossly improper argument, and I move that that be withdrawn from the jury.Mr. Dorsey: I don't state it as a fact but I am suggesting it.Mr. Arnold: He has got no right to deduct it or suggest it, I just want your Honor to reprove it, reprimand him and withdraw it from the jury; I just make the motion, and your Honor can do as you please.Mr. Dorsey (resuming): I am going to show that there must

Visible Translated Text Is As Follows: Mr. Dorsey: Holloway says when he got back Monday morning it washung up in the office, but Boots Rogers said this man Frank—and he was sus-tained by other witnesses—when he came there to run that elevator Sundaymorning, found that power box unlocked.Mr. Rosser: That's not what you asked.Mr. Dorsey: Yes, it is.Mr. Rosser: You said Frank had the key in his pocket next morning,and that isn't the evidence, there's not a line to that effect.The Court: Do you still insist that he had it in his pocket?Mr. Dorsey: I don't care anything about that;

Visible Translated Text Is As Follows: Mr. Rosser: Now, the question of whether Boots said he went into that room is now easily settled. (Mr. Rosser here read that portion of the cross examination of the witness Rogers, stating that when Frank left the door of the undertaking room, he went out of view.)Mr. Dorsey: Well, that's cross examination, ain't it?Mr. Rosser: Yes, but I presume you would tell the truth on cross examination, I don't know; he passed out of his view, he didn't say he went into a room.Mr. Dorsey: Correct me if I'm wrong. Boots Rogers said

Visible Translated Text Is As Follows: The Solicitor-General, in his concluding argument, referring to the visitof the defendant to Bloomfield's undertaking establishment, on April 27, madethe following remarks to the jury:Frank says that he visited the morgue only once but twice. If hewent down there and visited that morgue and saw that child and identifiedher body, and it tore him all to pieces, as he says you it did, let any honestman, I don't care who he be, on this jury, seek to fathom the mystery of thisthing; tell me why it was, except for the answer I give you,

Visible Translated Text Is As Follows: Mr. Dorsey (resuming): Now, may it please Your Honor, if they don't see the force of it, you do—Mr. Rosser: I want to know, is Your Honor's ruling to be absolutely disregarded like that?The Court: Mr. Dorsey, stay inside of the record, and quit commenting on what they say and do.Mr. Dorsey: I am inside of the record, and Your Honor knows that's an entirely proper comment.Mr. Rosser: Your Honor rules—he says one thing and then says your Honor knows better.Mr. Dorsey: Your Honor knows I have got a right to comment on the

Visible Translated Text Is As Follows: 98. Movant says that a new trial should be granted because of the following:The Solicitor-General, in his concluding argument to the jury, spoke as follows: -If there be a negro who accuses me of a crime of which I am innocent, I tell you, and you know it's true, I'm going to confront him, even before any attorney, no matter who he is, returns from Tallulah Falls, and if not then, I will tell you just as soon as that attorney does return, I'm going to see that that negro is brought into my

Visible Translated Text Is As Follows: the defendant's wife had not visited him for a certain time after he was firstimprisoned, told the jury:"Do you tell me that there lives a true wife, conscious of her husband'sinnocence, that wouldn't have gone through snap-shooters, reporters andeverything else, to have seen him."Whereupon the following colloquy ensued:Mr. Arnold: I must object to as unfair and outrageous an argument asthat, that his wife didn't go there because of any consciousness of guilt on hispart. I have sat here and heard the fairest argument I have ever heard,and I can't object to it, but I

Visible Translated Text Is As Follows: Mr. Arnold: That's absolutely incorrect, they never saw Quinn there then, and never swore they did.Mr. Dorsey (resuming): No, they didn't see him there; I doubt if anybody else saw him there, either.Mr. Arnold: If a crowd of people here laughs every time we say anything how are we to hear the Court? He has made a whole lot of little misstatements, but I let those pass, but I am going to interrupt him on every substantial one he makes. He says those two young Quinns—says they say Quinn was there before 12, and

Visible Translated Text Is As Follows: wonderful endowments which, if directed in the right line, bring honor and glory; if those same faculties and talents are perverted and not controlled, as was the case with this man, they will carry him down. Look at McCue, the mayor of Charlottesville, a man of such reputation that the people ele- vated him to the head of that municipality, but notwithstanding that good reputation, he didn't have rock-ribbed character, and becoming tired of his wife, he shot her in the bath-tub, and the jury of gallant and noble and courageous Virginia gentlemen, noting

Visible Translated Text Is As Follows: The solicitor-general having, in his concluding argument, made the various statements of fact about the Durant case, as shown in the preceding ground of this motion, the judge erred in failing to charge the jury as follows, to-wit:“The jury are instructed that the facts of other cases read or stated in your hearing are to have no influence upon you in making your verdict.You are to try this case upon its own facts and upon the opinion you entertain of the evidence here introduced.”95. Because the Court should have given in charge the instruction

Visible Translated Text Is As Follows: The Court: You can state, Mr. Dorsey, to the jury, your information about the Durant case, just like he did, but you can read anything—don’t introduce any evidence.Mr. Dorsey (resuming): My information is that nobody has ever confessed the murder of Blanche Lamont and Minnie Williams. But, gentlemen of the jury, as I’ll show you by reading this book, it was proved at the trial, and there can be no question about the fact, Theodore Durant was guilty, the body of one of these girls had been found in the belfry of the church

Visible Translated Text Is As Follows: Mr. Arnold: I got it out of the public prints, at the time, Mr. Dorsey published all over the country, I read it in the newspapers, that's where I got it.Mr. Dorsey (resuming): On April 15, 1913, Mr. C. M. Pickett, the district attorney of the City of San Francisco, wrote a letter—Mr. Pickett and Mr. Arnold. I want to object to any communication between Mr. Pickett and Mr. Dorsey—it's just a personal letter from one man, and I could write to some other person there and get fifty just as satisfactory to me,

Visible Translated Text Is As Follows: Q. Did you ever hear C. D. Donegan talk about Frank?A. No, sir.Q. You never heard any of these factory people talk about him?A. No, sir.The Court erred in permitting the solicitor, although the witness denied hearing all of the remarks referred to, to say in the presence of the jury that he was not four-flushing, but that he was trying to bring the witnesses there, thereby improperly saying to the jury that he had such witnesses and meant to bring them in.The Court erred in not withdrawing this whole subject from the jury

Visible Translated Text Is As Follows: Q--You don't know, you never heard anybody say that Mr. Frank would take girls in his lap in his office here?A. No.(Here objection was made by Mr. Arnold.)The Court: On cross examination he can ask what he has heard of certain things.Mr. Arnold: Up to April 26th?The Court: Yes, sir.Mr. Dorsey: I am not four-flushing or any such thing; I am going to bring the witnesses here.Q. You never heard of Frank going out there to Druid Hills and being caught did you, before April 26th?A. No, but our reporter, it was his business

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

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

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

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

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

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

Visible Translated Text Is As Follows: not convict Frank under the testimony of Conley alone; but that, to do so, there must be a witness other than Conley or circumstances corroborating the evidence of Conley.78. Because the Court permitted the witness, Irene Jackson, at the instance of the solicitor-general, and over the objection of the defendant, made at the time the testimony was offered, that the same was irrelevant, immaterial, illegal, and prejudicial to the defendant, to testify substantially as follows:"I remember having a conversation with Mr. Starnes about a dressing room incident. I told him that Mr. Frank came

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: Mr. Arnold testified: I wish to state that on Friday when court adjourned Mr. Dorsey left the court room and as he left the court room I heard loud cheering at the front. On Saturday, when court adjourned, I asked Mr. Dorsey not to go out until the jury had gotten away from there. I they could hear the noise of the crowd, for they should cheer him again as he left the court room. Mr. Dorsey said he might, and remained in the court room for a while. Finally, I thought the crowd

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: 47. Because the Court permitted the witness, W. E. Turner, at the instance of the Solicitor and over the objection of the defendant made at the time the evidence was offered that same was irrelevant, immaterial and dealt with other matters than the issues involved, to testify:"I saw Mr. Frank talking to Mary Phagan on the second floor of the factory about the middle of March. Frank was talking to her in the back part of the building. It was just before dinner. I do not know whether anybody was in the room besides

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: not see anyone of the city detectives and that included Scott. Frank did not tell me that, the inference was without Mr. Rosser's consent, that was the ceive none of the city detectives without Mr. Rosser's consent, that was the substance of his conversation. Mr. Roberts came up and announced the city detectives; this was at Frank's cell in the county jail."The Court permitted this testimony to go to the jury over the objections — made as above stated, and in doing so committed error.This was especially prejudicial to the defendant, because the Solicitor,

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: Q. (Looked at No. 12). Did Frank have any knowledge of your business down there?A. I don't know; he knowed I was in the basement; he knowed I was there.Q. Was Conley there when you were?A. Yes, sir; I seen Conley there at night; the night-watchman, too—he wasn't Conley.Q. At the time you saw Frank there was anybody else in the office with him?A. Yes, sir; there would be some ladies there; sometimes two and sometimes one, maybe they didn't work in the morning and would be there in the evening.Q. How many times

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: Q. Thanksgiving Day?A. No, sir, he wasn't working in the office on Thanksgiving.Q. The next time, was there any ladies working on the fourth floor?A. I don't remember.Q. You don't remember whether there was or not?A. No, sir.Q. You can't remember that?A. No, sir.Q. They might have been?A. I didn't see none of them there.Q. You didn't see them?A. No, sir.Q. You only saw them working there one day?A. I saw them working there the second evening.Q. On the fourth floor.A. Did you say anything about - Do they know you told about watching

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: Q. And she worked on the fourth floor?A. Yes, sir, she worked on the fourth floor.Q. Has she worked there in 1913?A. I don't know; I don't remember seeing her there; I don't know whether she has worked there in 1913 or not.Q. You can't remember that?A. No, sir, I can't remember that.Q. You worked on the same floor with her, didn't you?A. I didn't work with her at all. I worked on the same floor.Q. And you don't know whether she worked there in 1913 or not?A. No, sir, I don't remember.Q. But

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: Q. They went up to Mr. Frank's office?A. I don't know, sir, where they went after that, after they went up-stairs, I don't know where they went after they got upstairs.Q. You were near enough, wasn't you to see?A. No, sir, I was at the door.Q. You don't know which way they went?A. I saw them when they turned that way, towards the clock.Q. You say it was about half past two?A. Yes, sir, it was about half past two or three o'clock.Q. How long did they stay there that time?A. Stayed there, looked

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: Q. Give us the best estimate you have got?A. Well, some time half past, I reckon.Q. Sometime half past; half past what—half past two or half past three?A. It was half past two, I reckon.Q. He came back you say. What made him come; did he come back and hunt you?A. No sir, he didn’t hunt me.Q. Where were you?A. I was standing by the office when he got there.Q. Then he came in there with you?A. Yes, sir.Q. What did he say to you?A. He told me, he said: “She be here in

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: Q. What time would you usually get back there?A. I would leave away from there about half past twelve, ring out the clock, and come back about half past one or two o'clock.Q. Would you ring in again?A. Yes sir; sometimes I would and sometimes I wouldn't.Q. The first time you say you ever watched, you say you watched for Frank and somebody else last July?A. Yes, sir.Q. You don't know who the man was?A. Yes, sir, I know who the man was.Q. Who was he?A. A man named Mr. Dalton.Q. Where is he?A.

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: INDEX—Continued.GROUND 80 ................................................ Page 103" 81 ................................................ " 103" 82 ................................................ " 103" 83 ................................................ " 104" 84 ................................................ " 104" 85 ................................................ " 104" 86 ................................................ " 104" 87 ................................................ " 105" 88 ................................................ " 105" 89 ................................................ " 106" 90 ................................................ " 106" 91 ................................................ " 108" 92 ................................................ " 108" 93 ................................................ " 110" 94 ................................................ " 110" 95 ................................................ " 111" 96 ................................................ " 112" 97 ................................................ " 113" 98 ................................................ " 114" 99 ................................................ " 116" 100 ............................................... " 118" 101 ............................................... " 119" 102 ............................................... " 121" 103

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

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

Visible Translated Text Is As Follows: ReductionChangeRed. 10

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

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

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

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

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: 8.-- Because the Court, in rendering the decision in said case, overlooked the following material facts in the record, to-wit, Ground 26 of the motion for new trial, which reads as follows:"Because the Court, in permitting the witness Harry Scott, to testify over the objection of defendant, made at the time the testimony was offered, that he had received information from Conley, and nothing upon the defendant, that he had not otherwise gotten from other sources, but that he got his information as to that from entirely outside sources, and wholly disconnected with the

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: bend all their power and ingenuity in holding him to his present statement, adding to and taking therefrom only such things as will aid its plausibility. I am informed that Lemford is a fair man to the ordinary-minded man, but how can he be fair to this ignorant negro? What chance would he have to retract any lies he may have told or if in a repentant mood, he should wish to tell the truth? This negro in the city prison, in the power of Lemford, apart from all questions of truth, would be

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 88a,b,c,d,eFive jars containing contents of stomach taken from different parties who had eaten cabbage and bread.DEFENDANT'S EXHIBIT 89.Extract from the minutes of Walton Superior court showing three indictments for larceny from the house against C. B. Dalton, at the April Term,1894 of said court. Pleas of guilty in each indictment and a fine of $50. and twelve months in the chain gang sentence in each case. Also indictment of C. B. Dalton, at the February Term,1899 of Walton Superior Court for stealing bale of cotton. Plea of not guilty, and verdict of

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 80.Picture showing elevator box on the first floor.DEFENDANT'S EXHIBIT 81.Picture showing elevator wheel at the top of the fourth floor.DEFENDANT'S EXHIBITS 82, 83, 84.Pictures showing view of the metal room on the second floor.Pictures show doors of the metal room to be partly made of transparent glass.DEFENDANT'S EXHIBITS 85 and 86.Pictures of the metal room closet with the door open and closed.DEFENDANT'S EXHIBIT 87.Blue print from which the model of the factory (defendant's exhibit 3) was made.

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 70.Picture of the corner in the basement where body was found,around the left corner behind the partition as shown on the picture.DEFENDANT'S EXHIBIT 71.Picture showing passage way leading to the back door in thebasement of the factory. Picture shows boxes piled up on each sideof the passage way to the height of the ceiling.DEFENDANT'S EXHIBIT 72.Picture showing entrance to the factory from the street.shows the partition on the right immediately entering the factory,behind which is the elevator. The steps leading to the secondfloor of the factory are shown in the background.DEFENDANT'S EXHIBIT

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

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Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 51.Twelve cancelled checks drawn on the Atlanta National Bank, signed by Leo M. Frank as follows:No. Date Amount Payee Endorsements460- 4/12/13 - $20.00 - Mrs. L. M. Frank Mrs. L. M. Frank Chamberlain-Johnson-DuBose Co.451- 4/12/13 - 1.50 - West View Floral Co. West View Floral Co.452- 4/12/13 - 12.54 - Haas & Co. Haas & Co.453- 4/9/13 - 32.50 - Rivers Realty Co. Rivers Realty Co. American Natl. Bank454- 4/9/13 - 5.00 - Mrs. A. Selig Mrs. A. Selig S. Schloss Co. Travelers Bank & Tr. Co.454- 4/6/13 - 4.75 - S.

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

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

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

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

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT NO. 42.Letter written by Leo M. Frank to Mr. Moses Frank. The letter was not typewritten, but was in long hand and was as follows:SLAT MILL,OAKLAND CITY, GA.LEAD MILL,BELL ST. & SOU. R.R.NATIONAL PENCIL COMPANYOFFICE AND FACTORYATLANTA, GA., April 26, 1913.Dear Uncle:I trust that this finds you and dear Aunt well. After arriving safely in New York, I hope that you found all the dear ones well in Brooklyn, and I await a letter from you telling me how you find things there. Lucille and I are well.It is too short a

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

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 40.Cash book of the National Pencil Company, page 197 of which contains the following entries, in Frank's handwriting:Page 195 v, page 1971913 Cash Dr. 1913 Cash4/28 Balance 59.95 4/28 W. Rosene Cr. 15 To check 15.00 " W.V. 4.70 " 15.00 " D.W. 1.00 " 16.00 " expenses 10.50 " 53.85 " express 1.10 " " stage 1.00 " Parcel post .16 " 2 wks rent typewriter 2.00 " Supplies, Schmeegass .45 " 24-Hdw.Co. .85 " J.A. Smith 11.50 " Vendale .50 " H. .40 " H. & H. Wright 4.00 "

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

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

Visible Translated Text Is As Follows: tomorrow, and I went and changed shoes and pulled off the pants andput on my hat and come down at 10 minutes to 10, and didn't goback any more until Tuesday morning and went to work at Tuesdaymorning and got through with my work and went downstairs abouthalf past 9 and there was such a crowd down there I didn't staylong, and I come back up the aisle and went to taking up some trashand about half past 10 or 11 o'clock, Mr. Frank come back up theaisle and leaned over the table right

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

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

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

Visible Translated Text Is As Follows: ON Friday, April 25,1913, I went to Frank's office at four minutes to one, which is a mistake. I made this statement in regard to Friday in order that I might not be accused of knowing anything of this murder, for I thought if I put myself there on Saturday, they might accuse me of having a hand in it, and I now make my second and last statement regarding the matter freely and voluntarily, after thinking over the situation, and I have made up my mind to tell the whole truth, and nothing

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