Leo Frank TV

Visible Translated Text Is As Follows: is binding on the said Leo M. Frank, and effectively constitutes a waiver.6. Said motion should be dismissed and this petition in conjunction with the decision of the Supreme Court of Georgia in the case of Leo M. Frank against the State of Georgia, affirmatively shows that said Frank after a knowledge of this waiver on the part of his counsel acquiesced in the same and took steps affirmatively indicating a waiver of such conduct on the part of his counsel.7. Said motion should be dismissed because it affirmatively appears from the same that

Visible Translated Text Is As Follows: waiver would be not only a renunciation of a right which the law established in his favor but would be a renunciation affect - ing the public interest.Because on the day said verdict was rendered, and shortly before Hon. L. S. Roan, the Judge who presided upon the trial of said cause, began his charge to the jury, the said Judge in the jury room of the court house wherein the trial was pro- ceeding, privately conversed with L. Z. Rosser and Reuben R. Arnold, two of the counsel of this defendant, and in

Visible Translated Text Is As Follows: Tyre, Peeples & Jordanunderstanding of the errors complained of; and the Clerkof the Superior Court of Fulton County, Georgia, is herebyordered to make out a complete copy of such parts of therecord as are in this bill of exceptions specified and certifythe same as such, and cause the same to be transmitted to theSupreme Court of Georgia, now in session, that the errorsalleged to have been committed may be considered and corrected.This June 25th, 1914.Ben H. HillJudge Superior Court,Atlanta Circuit.

Visible Translated Text Is As Follows: and corrected by the Supreme Court of Georgia.Rosser & BrandonReuben R. ArnoldHerbert J. HaasAttorneys for Leo M. Frank.Post Office Address:Atlanta, GeorgiaI do certify that the foregoing bill of exceptions is true, and contains and specifies all of the evidence, and contains and specifies all of the record material to a clear understanding of the errors complained of; and the Clerk of the Superior Court of Fulton County is hereby ordered to make out a complete copy of such parts of the record in said case as are in this bill of exceptions specified, and

Visible Translated Text Is As Follows: Mr. Burns's son brought me no such message and d d tell Mr.Burns, however, that he, Burns, desired me to talk to Allen. I told said Burns that it would be presumptuous for me to attempt to talk with Allen after he, Burns, several of his operatives, Jacobs, Isom had talked to Allen with identical results and for this reason I declined to talk to Allen. No affidavit was made by a Salvation Army man in my presence.JOSEPH W. CONROY, Sworn for the Movant. I am a Notary Public in and for the County

Visible Translated Text Is As Follows: master mechanic of the pencil company. I know that Beoker resigned his position during the month of December,1912. Beoker's office was on the fourth floor of the pencil company's place of business, and I know that Beoker issued orders on order blanks from his office, and there were in Beoker's desk at the time of his resignation duplicate order blanks, both in tablet form and in loose leaves. At the time that Beoker resigned a mix change was made in the office and dressing room space on the fourth floor, the part where Beoker's

Visible Translated Text Is As Follows: C. W. BURKE, DAN S. LEHON, Sworn for the Movant. We have been employed in investigating the Frank case. On or about the 9th day of April, 1914, each of us, together with J. O. Knight, went to the then boarding house of Miss Ruth Robinson, 404 Capitol Avenue. The affidavit purporting to be signed by said Miss Ruth Robinson, on the 9th day of April, 1914, before J. O. Knight, Notary Public, for Fulton County, and which has been introduced in evidence in this case, was signed in our presence, and said J.

Visible Translated Text Is As Follows: whether he would rather have a job around the Terminal Station than one just making $8.00 per month. I did not ask McKnight if he (McKnight) could learn to drive an automobile,nor did I tell him then if you would not like the job at the terminal station I will learn you to drive the car and give you a job. McKnight did state after he made his affidavit that he believe ham would be done him by the people at the place he was working and by the detectives, and I did tell

Visible Translated Text Is As Follows: and told her that Monteen would come out too; and I opened the door and got Monteen, and we come on out of the office, and Mr. Boorstein ran out and followed us to the elevator and insisted on having Mon teen come back and that girl followed us out there and said 'Come back; you don't have to answer any questions if you don't want to.' And I caught the elevator and come on down and in a few minutes Mr. Edmondson caught up with us and we went on home. Nobody said

Visible Translated Text Is As Follows: "I met Jimmie at the Bxxxxx Fourth National Bank corner at 1:30 Monday afternoon and he said we were thirty minutes too early. That Mr. Kelly would not be there until 2 o'clock. We waited around until 2 o'clock and went up to the Kimball House to a room the number of which I do not recall. Jimmie knocked at the door and a man I did not know opened the door and invited us in. After we got inside Jimmie introduced the man to me as Mr. Kelly from Chicago. This man asked

Visible Translated Text Is As Follows: He told me to report to him right across from the library that night. He didn't say anything more; said he would see me again that night. That night I reported where he said meet him, across from the library. He told me to stand in front of the House that Jack built. I had to wait for him. When he came, he came along. He said 'let's walk along,' and we walked down Cain Street, on out to West Harris Street and came back up to Peachtree Street. He said he wanted me

Visible Translated Text Is As Follows: her to close the door on her mother when she went to go out andtell her to stay there. I did not talk to Mr.Edmonson, the step-father of this little girl, right there. I never saw him but oncein my life. I did not talk to Dr. Claude Smith, the city Bacteriolog-ist. I did not talk to the two doctors who were employed by thedefense to ascertain whether or not that was blood on the secondfloor. I did not get their names or know anything about their re-ports. I made a thorough inquiry about

Visible Translated Text Is As Follows: named Mr. Burke was there and Mr. Burke didn't tell me anything and Mr. Burke and Mr. Eubanks asked me up to Mr. Burke's office, and asked me what I knew about the case, and I says, "I don't know anything at all." Eubanks told me I could make some money if I went to work on the case for them; that I was a working girl and needed the money, and I told him that I could not do it; that I didn't know anything about it. He didn't state any amount that

Visible Translated Text Is As Follows: pay Allen whatever he thinks he wants, or whatever Mr. O'Neal has promised him, and let him go on home, or wherever he wants to go, because he won't tell the truth nowhow. He knows something that would do us some good, but he is scared to tell it". Then I left his office with Mr. Bell, and he took me to the depot and he told me on the way that he thought I was the wisest colored man he ever saw or met, in not telling no lies. He told me in

Visible Translated Text Is As Follows: E. F. HOLLOWAY, sworn for the State. (being portion of testimony given on the original trial) "On Monday morning I saw Conley. Instead of being upstairs where he ought to be, sweeping, he was down in the shipping room, watching the detectives, officers and reporters. I caught him washing his shirt. Looked like he tried to hide it from me, I took it up and looked at it carefully and looked like he didn't want me to look at it at all."The State further introduced the original bill of indictment, verdict, sentence, motion for

Visible Translated Text Is As Follows: Miss Mary Phagan's purse, and that I gave the purse to a negro child; nor did I ask Annie Maude Carter to be with me; nor did she tell me "no, that was when I was down in jail". I did not make these statements to Annie Maude Carter, either in substance or in any other like language. I further state that I^Annie Maud Carter states that same is true, that she is misstating facts. I further state that such statements are untrue and are not the facts, that I did not do the

Visible Translated Text Is As Follows: Q-You do not know anything you want to sell do you? A. No sir,indeed I don't.Q. You have told us everything that happened? A. Yes sir, as faras I know.Q. You were on the floor above the office floor? A. I am on thevery top floor of the building.Q. Your little daughter says she heard you talking about Mr.Frank?A. She is sadly mistaken. My little daughter is not responsiblefor what she says.Q. How old is she? A. No sir.Q. What is the trouble? A. She tells littletales.Q. What makes her tell them. A. I

Visible Translated Text Is As Follows: 1913. On Saturday morning, April 26, 1913, I wanted to go to town to get my niece, who lives with me, some slippers. I always go to town across the Nelson St. bridge. As I reached Nelson and Forsyth Sts. I saw a negro and a white man standing on this corner talking together. The negro had his face turned towards the white man at first had his back to me, and I thought at first the white man was a gentleman I knew. As I got even with them the white man stepped

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

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

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

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: WITNESSES SUSTAINING AFFIANTS.ALEXANDER, H. A. (Chief et al.) (Movant-rebuttal), Page 246.ALEXANDER, H. A. (W. J. Burns) (Movant), Page 79.BARRETT, MAY (Mrs. Bailey), Page 60.BARKARD, B. (George Epps) (Movant - rebuttal), Page 254.BURKE, E. ET AL. (Ruth Roberson), Page 256.BURKE, C. W., Page 240.BURKE, C. W. (Marie Karst), Page 242.BURKE, C. W. (F. E. Duffy), Page 249.BURKE, C. W. (Lillian Knight), Page 260.BURKE, C. W. (Carrie Smith), Page 265.BURNS, W. J. (Albert Knight), Page 230.CAMBELL, PAT (C. B. Dalton) (State), Page 118.CONROY, JOSEPH W. (Dewey Howell) (Movant - rebuttal), Page 266.DENNISTON, AUSTIN G. (Ruth Roberson),

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: .169he was there. I know the characteristics of the boys very well. No, I can not tell what Frank did when he was in the class room.V. H. KRIBGSHABER, sworn for the Defendant.I live in Atlanta. I have known Leo Frank for about three years. His general character is good.CROSS EXAMINATION.I did not come in contact with him frequently. I am a Trustee of the Hebrew Orphans Home and Mr. Frank is also. I met him once a month there. I don't know how long he has been on the Board. I have met

Visible Translated Text Is As Follows: 159DR. WILLIS F. WESTMORELAND, sworn for the Defendant.DIRECT EXAMINATION.A practicing physician for twenty eight years, general practice and surgery. A professor of surgery for twenty one, and formerly president of the State Board of Health. If the body of a girl between thirteen and fourteen years old was embalmed about ten hours after death, after taking out a gallon of fluid and putting in α-gallon of embalming fluid, of which 8 per cent. is formaldehyde and the body was buried and nine or ten days after upon a post mortem examination a cut an

Visible Translated Text Is As Follows: shaft to the place where the body of the young lady is said to have beenfound, and 80 feet from the front of the elevator shaft to the trash pile and90 feet from the elevator shaft to the boiler, and 116 feet from the elevatorshaft to the colored people's toilet. It is 50 feet from the elevator to theback stairway. The chute as shown on the page 2 of the plat is five feet wideand 15 or 20 feet long. It empties upon a platform in the basement abouteight or ten feet from the

Visible Translated Text Is As Follows: 189in to view the body Mr. Frank was standing outside talking with Mr. Schiff and Mr. Darley. Mr. Frank went in to view the body later on, ten or twenty or thirty minutes later. I was sitting down waiting for the rest of the men while he went there. Zigank was sitting with me. I don't know whether Mr. Frank went in the room to see the body or not. Mr. Frank was nervous when he got there, and when he came out just the same. Just the same expression he has got on

Visible Translated Text Is As Follows: 129and stayed about an hour. He talked to me, my stenographer, Miss Hattie Hall, and Mr. Gottheimer, one of the salesmen. Up to about a year ago I went to the factory almost every Saturday afternoon. Mr. Frank would always be working at his desk on the financial sheet. The telephone in my house is about 20 feet from my bed. I didn't hear it ring Sunday morning. My wife was aroused by its ringing and she waked me. The man at the other end asked me if I could identify a girl that

Visible Translated Text Is As Follows: 119seen girls once or twice come in with their fingers mashed come into the toilet room and go to the sink after they had washed their fingers. I don't know when I heard that Mrs. White said that she had seen a negro sitting on the box. I think I read it in the paper sometime that week. The big spot of blood I was talking about was occasioned by the girls whose sickness was on them. I have never seen Mr. Frank or anybody else have anybody down at the office at any

Visible Translated Text Is As Follows: 109were washing right then. When we came out we saw Mr. Frank at his desk in his office writing. Mr. White borned off from him. He did not look nervous or unusual. You can look down from the landing on the third floor and see whether anything is being put in or taken out of the elevator on the office floor. White and I on the fourth floor could have gone anywhere in the building that day. It was open to us.CROSS EXAMINATION.We were working about 40 feet from the elevator. There were crocus

Visible Translated Text Is As Follows: 99and entered and how he figured it.) In my opinion it would take a prettyswift man three and a half hours.CROSS EXAMINATION.A man's familiarity with a special class of work will aid materially inmaking it up. If he had had to get up the information which was furnishedme it would take him a good deal longer than it did me, for the informationwas already furnished me. I have allowed for his experience and familiaritywith the business, in the way of saving time, in making my estimate. I havetried to make my figures sufficiently conservative

Visible Translated Text Is As Follows: 89packed in tissue paper, and he has to know which pencils are packed. He has got to go through all the pencils to determine which took wrappers and which did not. Our pencil production averaged 2500 to 3000 gross per week. A gross is 144. The next item is "skeletons." Skeleton is a card board with a little place in it where six pencils go on one side and six on the other and the wrapper goes around it. The assortment boxes don't take skeletons, the cheaper pencils do. He had to know the

Visible Translated Text Is As Follows: remember the time. I never saw Conley on April 26th. If he was there he was skulking around and hiding. I never saw McCrary talk to him that day. On Monday morning I saw Conley, instead of being upstairs where he ought to be sweeping, he was down in the shipping room watching the detectives, officers and reporters. I caught him washing his shirt. Looked like he tried to hide it from me. I picked it up and looked at it carefully and it looked like he didn’t want me to look at it

Visible Translated Text Is As Follows: back from Montag's. It may have been about 11 o'clock. Miss Mattie Smithleft the factory somewhere about 9:30. It was after we got back from Montag'sthat I saw Mr. Darley leave. Mr. Holloway and the peg-legged negro wentupstairs and came down before Mr. Darley left the factory. They could haveseen me sitting on the box, as they came out the factory. Mr. Holloway leftabout 10 or 15 minutes after Mr. Darley left. It may have been four or fiveminutes. After Mr. Holloway left, I told them-Mr. Quinn came in-I may havetold them that a

Visible Translated Text Is As Follows: Frank told me to come to his office. I have never seen any cot or bed down in the basement. I refused to write for the police the first time. I told them I couldn't write.CROSS EXAMINATION.I am 27 years old. The last job I had was working for Dr. Palmer. I worked for him a year and a half. I worked before that for Orr Stationery Company for three or four months. Before that I worked for S. S. Gordon. Before that I worked for Adams Woodward and Dr. Honeywell. Got my first

Visible Translated Text Is As Follows: 49surface and a great deal of hemorrhage in the surrounding tissues. The dilation of the blood vessels indicated to me that the injury had been made in the vagina some little time before death. Perhaps ten to fifteen minutes. It had occurred before death by reason of the fact that these blood vessels were dilated. Inflammation had set in and it had been an appreciable length of time for the process of inflammatory change to begin. There was evidence of violence in the neighborhood of the hymen. Rigor mortis varies so much that it

Visible Translated Text Is As Follows: of the clock Sunday morning had been punched regularly. I made the same mistake standing right-there by his side. I didn't see Mr. Frank date the slip. It ought to have been dated the 26th. The slip I saw didn't have any time on it except the watchman's time. I don't know whether I would know it or not, to identify. The slip-404, not made in-duplicate. As to whether there is any mark on the slip to enable any one to identify it, as the one taken out that night, my memory is that

Visible Translated Text Is As Follows: RE-DIRECT EXAMINATION.The pencils are painted on the third floor. There isn’t any paint used at all in the factory only in the polishing room, except on the third floor.B. B. HASLETT, sworn for the State.I went to Mr. Frank’s house Monday morning after the murder, about 7 o’clock. I went out there and got him and took him to the station house. He was at the station house two or three hours. I told him Chief Lanford wanted to see him.CROSS EXAMINATION.I saw Mr. Rosser and Mr. Haas at the station house about 8:30

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: 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