Leo Frank TV

Visible Translated Text Is As Follows: HENRY SMITH, sworn for the Defendant.I work at the pencil factory in the metal department. I work with Barrett. He has talked to me about the reward offered in this case. He said it was $4,300, and he thought if anybody was to get it, he was to get it, because he found the blood and hair, and he said he ought to get the first hook at it. He said it six or seven different times.CROSS EXAMINATION.He would come out of the room counting it off on his hands. He did that two

Visible Translated Text Is As Follows: 136Saturday afternoons, frequently during the past twelve months. I was there while Mr. Schiff was off on his trip. I was up at the office on the Saturday afternoon before Mr. Schiff went away. Mr. Holloway, Mr. Schiff, Mr. Frank and the office boy were there. I have never seen any women in Mr. Frank's office on the Saturdays I have been there.CROSS EXAMINATION.I have always found Mr. Schiff there on Saturday afternoons with the exception of the time when he was off on his trip during January and February. The only specific Saturday

Visible Translated Text Is As Follows: 186troduced him to Mr. Frank. There isn't a word of truth in that. I have never gone down in the basement with this fellow Dalton. I don't even know where the basement is at all. I have never been anywhere in the factory, except at my work.CROSS EXAMINATION.I have never been in jail. Mr. W. M. Smith got me out of jail. Somebody told a tale on me, that's why I was put in jail. I don't know what they charged me with; they accused me of fornication.RE-DIRECT EXAMINATION.I never was tried. I never

Visible Translated Text Is As Follows: 134ARTHUR PRIDE (c), sworn for the Defendant:-I worked on the second floor of the factory. On Saturdays I work all over the factory, doing anything that is necessary. Beginning with July of last year I have not missed a single Saturday afternoon at the factory. I would work until about half past four. I have never seen any women come up there and see Mr. Frank, or any drinking going on there, or seen Jim Conley sitting and watching the door. The employees used the back stairs leading from the metal room to the

Visible Translated Text Is As Follows: 138GODFREY WEINKAUF, sworn for the Defendant.I am superintendent of the Pencil Company's lead plant. Beginning withJuly, 1912, up until the first week in January, 1913, I visited the office of thepencil factory every other Saturday, between three and five o'clock. I wouldstay there about two hours. I would find Mr. Holloway, Mr. Frank and Mr.Schiff there. I never saw any women in the office there.CROSS EXAMINATION.I never saw Jim Conley there at the factory on Saturday afternoon. Iam sure I saw Holloway there on Saturday afternoon.CHARLIE LEE, sworn for the Defendant.I am a machinist

Visible Translated Text Is As Follows: I worked at the factory on Saturday afternoons until 3.30 or four. Mr. Schiff and Mr. Frank would always be working in the office. I have never known him to have any women in there, or see any drinking going on. I would go to dinner about 1 or 1.30. Mr. Frank would go about 12.30 to one and get back about three. I would stay in the inner office all the time. Mr. Schiff sat right across from me in the inner office. I would go to Montag's and stay about ten or

Visible Translated Text Is As Follows: 181CROSS EXAMINATION.I did not haul any for the pencil factory on April 26th. I took a sack of hay there. That was about 7.30... I didn't see Mr. Frank upstairs that time. I did not see Jim Conley at all that day. It may have been as late as 8.30 that I reached the factory that day. The trunk was not there. I was paid sometime before 12 o'clock that day. Some boxes are piled around in there pretty high around the elevator going down there. There are some pretty large ones, four or

Visible Translated Text Is As Follows: had already been to the undertaker's. He told me they had taken him into a dark room and flashed on a light, and he said he saw the little girl there. He described how she looked. He said her face was scratched and her eye was discolored, and she seemed to have a gash in her head. Her mouth was full of sawdust and he described her in a general way. He did not call my attention to his being nervous. He did not say anything to me about an attorney or about having

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: 128There was nothing that attracted our attention. I have never known Mr. or Mrs. Frank to play poker. I should say he went to bed about 10.30. His wife followed about fifteen minutes afterwards. I never noticed any marks or bruises about his person.CROSS EXAMINATION.He came in while we were playing to tell us of some joke he had read, and we asked him to desist as it was distracting us from the game. Frank was reading a magazine which caused him considerable merriment and laughter.I. STRAUSS, sworn for the Defendant.I was at the

Visible Translated Text Is As Follows: 127say anything about a cord around her neck but said she had a frill of her petticoat around her neck. He mentioned he had paid her off the Saturday before. I don't know that he mentioned the name of the girl at all at that time. He said he had discharged Gantt because he was not honest. I think he said Newt Lee was a good fellow because he knew about him. On Monday night over at Selig's Mr. Frank was there and we had a conversation on the subject. He spoke of having

Visible Translated Text Is As Follows: 126him and his wife coming down Washington street opposite the Hebrew Orphans Home. He gave me my rain coat right there, which he had borrowed previously.CROSS EXAMINATION.He and his wife and my wife and myself generally play cards Saturday evening. We were very much interested in bridge and played together often. Mr. and Mrs. Selig's family usually played poker Saturday night. Mr. Frank and his wife never played poker. I am positive I rang Mr. Frank up and asked him to go to the ball game. Mr. Frank called it off about one thirty

Visible Translated Text Is As Follows: 1258CROSS EXAMINATION.The letter was folded exactly as it is now to the best of my recollection, just in that shape. Mr. Frank has no rich relatives in Brooklyn. That is my son’s handwriting (State’s Exhibit K). It is a photographic copy. There was another paper included in the envelope which that letter came in, some price list, but I didn’t look at it. It had numbers of pencils and prices on it. That letter was read in Hotel McAlpin, in Mr. Moses Frank’s room. As to what relatives Mr. Frank has in Brooklyn, my

Visible Translated Text Is As Follows: 124RE-DIRECT EXAMINATION.I have never seen a letter written by Mr. Frank. The only writing of his that I am familiar with are figures and things like that, pay-rolls, writings in requisitions and words that consists largely of abbreviations.HARRY GOTTHEIMER, Sworn for the Defendant.I am a traveling salesman. I make two trips a year for the National Pencil Company, from the first of February to the first of April, and from the first of September to the fifteenth of October. I was at Montag Bros. around ten o'clock on April 26th. I had come in

Visible Translated Text Is As Follows: 123CROSS EXAMINATION.When Mr. Frank came that morning, he went right on into the office, and was at work there and stayed there. He wasn’t out once. Don’t know how long he stayed out.M. O. NIX, Sworn for the Defendant.I am credit man for Montag Bros. and bookkeeper. I have charge of the bookkeeping and documents and papers of the National Pencil Company. I am familiar with Mr. Frank’s handwriting. These financial sheets beginning with May 22nd, 1912, and ending May 24, 1913 (Defendant’s Exhibit 9), are in Mr. Frank’s handwriting. The eleven items beginning

Visible Translated Text Is As Follows: 122CROSS EXAMINATION.I have been in Mr. Schiff's house about seven years. On Saturdays and holidays Mr. Schiff generally gets up about seven o'clock and goes to the factory when I wake him up. He never gets up unless I wake him. Mr. Schiff told me sometime afterwards he was glad I did not wake him up that day. I know it was eleven o'clock when he called up the second time, because the clock was striking. They didn't say what Mr. Frank wanted him for.ANNIE HIXON (c), Sworn for the Defendant.I am Mrs. Ursenbach's

Visible Translated Text Is As Follows: 121MISS JULIA FUSS, Sworn for the Defendant.I work on the fourth floor of the pencil factory. I have never known anything wrong or immoral to be going on in Mr. Frank's office. I talked with Jim Conley Wednesday morning after the murder. He was sweeping around there and asked me to see the newspaper. As he read it he kinder grinned. He told me he believed Mr. Frank was just as innocent as the angels from Heaven. I know his general character. He was never known to tell the truth. I would not believe

Visible Translated Text Is As Follows: 120MISS DORA SMALL, Sworn for the Defendant.I worked on the fourth-floor of the pencil factory for five years. I saw Jim Conley on Tuesday. He was getting me to get money from me to buy a newspaper and then he would come and ask me for copies of the paper before I would get through reading them. They were extras. He would even get two of the same edition. He would take it and run over there and sit on a box by the elevator and read it. He can read all right. He

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: 118wouldn't know whether it was running or not unless your attention is directed to it. I had looked at the clock five minutes before I saw Mr. Frank in front of Rich's. I had just looked at the time also before I saw him going into Jacobs'. I am certain of the time I saw him. That was the exact time by the clock. I get $10.00 a week. Last time my salary was raised it was raised in January. There has been no raise since then. I had heard that some of the

Visible Translated Text Is As Follows: 2:15. As to how I knew that was the time after this matter came up I experimented to see just what time it was I saw him on the car, and I have gone over my movements just as I did them on that day, and the first time I experimented I got to the Capitol five minutes past two, and the second time I got there at eight minutes past two, and the third time exactly at two o'clock. I came very near colliding with the car in front of the capitol, as

Visible Translated Text Is As Follows: 116JULIAN LOEB, Sworn for the Defendant.I live at 380 Washington Street, across the street from the Wolfsheimer residence. I am a cousin of Mrs. Frank. I saw Mr. Frank on April 26th in front of the Wolfsheimer residence. I was there when he came by. It was between 1:50 and 2 o’clock. He was talking to Mrs. Michael and Mr. Jerome Michael and was inviting them to attend a meeting of the B’nai B’rith lodge on the next day which was Sunday. He was president of that lodge. He left and walked towards town

Visible Translated Text Is As Follows: 115CROSS EXAMINATION.He had not seen me for several weeks. He didn’t know I was in the city, and when he saw me there on the porch he came over to speak to me. 387 Washington Street is three doors above Glenn Avenue. I saw him take the car at the corner of Glenn and Washington Street.JEROME MICHAEL. Sworn for the Defendant.I live in Athens. I was in Atlanta on April 26th. I took dinner at Mrs. Wolfshiemer’s residence at 387 Washington Street. I saw Mr. Frank upon that day between five minutes to 2

Visible Translated Text Is As Follows: 114clock because I had an appointment at a quarter after one. I left Kress' atfive minutes after one and went down Whitehall street to Jacob's corner.Whitehall street was badly crowded. It didn't take me more than a minute ora minute and a half to walk down to the corner. It was only a few steps.There was no one standing between the bank and myself on AlabamaStreet.MRS. A. P. LEVY, Sworn for the Defendant.I live right across the street from where Mr. Frank lives. I am not arelation of his either by blood or marriage.

Visible Translated Text Is As Follows: 113Sunday. The first that I knew of it was when I saw her name in the paper the next morning. The subject was mentioned at the dinner table on Sunday.RE-DIRECT EXAMINATION.My health is bad and I did not care to hear much of the facts of the crime at the time. I was operated on the next day. Mr. Frank spared my feelings. These are the clothes Mr. Frank wore on April 26th (Defendant's Exhibit 49).MISS HELEN KERNS, Sworn for the Defendant.I work for the Dodsom Medicine Company as stenographer. My father works for

Visible Translated Text Is As Follows: 112MRS. EMIL SELIG, sworn for the Defendant.I am Mrs. Frank's mother. Mr. and Mrs. Frank have been living with us two years. The sideboard is in the same position it always has been except when we sweep under it. We had lunch on April 26th after 1 o'clock, about ten minutes past one. Mr. Frank came about twenty minutes past one while we were eating. He sat down with us and ate. Mrs. Frank and I left before he did. We left about half past one. He was still eating at the table. After

Visible Translated Text Is As Follows: 111before I did on April 26th and left the house before I breakfasted. I got back home to dinner about 1:15. My wife and Mrs. Frank were eating then. They told me in the morning to come home a little sooner, that they wanted to go to Grand-Opera that afternoon. We have dinner a little earlier than usual, and I came home a little earlier. Mr. Frank came in after I did, about 1:20. There was nothing unusual about him. No scratches or bruises about him. He sat down to his meal. The ladies

Visible Translated Text Is As Follows: 110husband and another man were there. I was working at the Selig's when they come and got me. They tried to get me to say that Mr. Frank would not allow his wife to sleep that night and that he told her to get up and get his gun and let him kill himself, and that she made her get out of bed. They had my husband there to bulldoze me, claiming that I had told him that. I had never told him anything of the kind. I told them right there in Mr.

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: reckoned it so positively. I left home I knew at about a quarter to twelve. I looked at my watch. It takes twelve or fifteen minutes to walk to the factory. I got to Wolfheimer's pretty close to 12 o'clock. I was there ten or fifteen minutes.RE-DIRECT EXAMINATION.At the time the detectives and Mr. Dorsey talked to me about the murder, I overlooked the fact that I had been to Wolfheimer's. My wife called my attention to it when I got home. I mentioned this matter to my father and my wife before I

Visible Translated Text Is As Follows: She left about two o'clock. She left about two o'clock because we were out of material and she was laid off for the rest of the week. I have never seen Mr. Frank speak to her. I went to the factory on April 26th, to see Mr. Schiff. He was not there. I often go there on Saturdays and holidays. The street doors were open when I got there. I did not see Mary Phagan, nor Jim Conley, nor Monteen Stover. The doors to Mr. Frank's inner and outer office were open. The time

Visible Translated Text Is As Follows: 106RE-DIRECT EXAMINATION.I went to Mr. Dorsey’s office because he subpoenaed me. I thought I had to obey it. Mr. Starnes and Mr. Campbell and the stenographer were there. All of them asked me questions. I signed a statement about twenty-one pages long. I have seen Jim Conley reading newspapers up on the fourth floor, twice since the murder. It is not unusual to see spots all over the metal room floor.RE-CROSS EXAMINATION.Conley was sitting by the elevator when he was reading those papers, during working hours. The other time he was reading down at

Visible Translated Text Is As Follows: 105next to Mary's. There is a good deal of water over there by Mr. Quinn's room. Mary's hair was a light kind of sandy color. You could plainly see the dark spots and white spots with it ten or twelve feet away. Helen and Mary were the best of friends and were neighbors. Helen made mention that Mary was not there when we were paid off. I have never noticed any spots around the metal room. That's the first time I had ever seen anything like that.RE-DIRECT EXAMINATION.I have never looked for spots before.

Visible Translated Text Is As Follows: 104MRS. EMMA CLARKE FREEMAN, Sworn for the Defendant.I married on April 25th. I worked at the pencil factory before that, at the time I was married. I was laid off on April 25 by Mr. Schiff. On the 26th I reached the factory when the bell about 25 minutes to 12. I saw Mr. Frank at his office. He was talking to two men when we went in. Mrs. White and Mr. Frank’s stenographer were also in the office. Mr. Frank gave us permission to go up on the fourth floor to get my

Visible Translated Text Is As Follows: 108desk. When I was in there he was at work on a pile of letters and thingslike that.RE-DIRECT EXAMINATION.When I was first employed at the factory Mr. Nix said to me, "I willgive $12.50 a week, when the busy season comes up, about the first of August,I will raise it to $15. About the middle of June, I asked him to raise it onthe first of July, but he said, "We will wait until August 1st." At the timeI testified at the coroner's inquest. I had never seen any of the financial sheets.I did

Visible Translated Text Is As Follows: was I that called Mr. Frank over the telephone. I did not insist on going over there. He insisted on my coming. The acknowledgments consisted of stamping the orders with a number, putting the dates down there and acknowledging them by post cards to the people. Mr. Frank did not leave Montag's with me. He left before I did. He didn't know how long it was going to take me to write those letters. Mr. Montag hadn't finished dictating to me when I talked to him, so he did not wait. While I was

Visible Translated Text Is As Follows: Frank that I would have time to come over there and that I would be over there later. I started over to the factory between 10:30 and 11. I went alone. It takes about five minutes to get over there and I reached there before eleven o'clock. I don't know whether Mr. Frank was there when I got there. I waited in the outer office a few minutes before I started to work. I went in the inner office to get the orders to acknowledge for Mr. Frank. I acknowledged them for Mr. Frank.

Visible Translated Text Is As Follows: 100RE-DIRECT EXAMINATION.In making out this sheet Mr. Frank had to make about 40 multiplications, 160 additions. The mistake is not a serious one.HERBERT G. SCHIFF, Recalled for cross examination.The books show that $4 was loaned to Arthur White. I made the entry in the book. The $2.00 was for "what" Mr. Frank loaned him that day and $2.00 loaned him the middle of next week. As to where the entry is that Mr. Frank lent Arthur White $2.00 these slips are not kept after we take it off. After the payroll is made we

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: 98RE-CROSS EXAMINATION.I had no objection to coming to your (Mr. Dorsey’s) office. - I offered to assist you in any way I could. No, it was not Mr. Frank’s custom to make an engagement Friday for Saturday evening and then go off and leave the financial sheet untouched. The pencil factory is three- or four blocks from Montag’s. Some of them are short blocks. Guess it takes three to five minutes to go over there. I have never timed myself. The first time on Monday I observed the peculiar behavior of Conley was between

Visible Translated Text Is As Follows: 97factory. The times was when women came up there and tried to get money toget him out. I have seen these books scattered all over the factory, wholebooks and parts of books. I have seen them since this murder. Both beforeand after. I have seen sheets sometimes. I knew that Jim could write. Ihave given him and the other negroes tablets like (State's Exhibit H).They are kept everywhere in the factory. They would go down in the base-ment and write. I did not talk to Frank on Monday or Tuesday about JimConley's peculiar conduct

Visible Translated Text Is As Follows: Thanksgiving Day, when I left him at the corner of Mitchell and Alabama, where he caught a Washington Street car. I don't know what he did that afternoon. I do know that I remained at the factory every Saturday afternoon since I have been there because I have nothing else to do. I paid off, April 25th. I remember Helen Ferguson coming to the window and I paid her. I can tell you the names of many more that I paid off that afternoon. (Witness gives names of eight or ten more he claims

Visible Translated Text Is As Follows: else the same way. When we advance a man money it is put down on a slip and entered in an envelope, called "Loan." We don't take a receipt for it. I can show that Frank gave $2.00 to Arthur White and it was deducted. I made the entry in the time book the next week and deducted it the following Saturday. We don't enter it on the cash book or average sheet (Defendant's Exhibit 5) as all in Mr. Frank's handwriting. It begins from January 10, 1911. As a rule Mr. Frank put

Visible Translated Text Is As Follows: it and put it under the head of specialty, that is the head of the classes of goods manufactured that week. You must have the slat record. I haven't got the slat record here. It certainly is different from this. It comes from the cedar mill. The item on the financial sheet "Defendant's Exhibit 2) that he got from the slat record is the item under "Material Cost" -- "Slats 2719½ gross at 22c." That is all he would have to get on the financial sheet with reference to slats. That wouldn't take any

Visible Translated Text Is As Follows: 93book was on Monday or Tuesday. It takes about an hour or an hour and a quarter to enter those orders on the book. It is true that I testified before the coroner that it wouldn't take over half an hour to make the orders. It takes an hour and a half to do all of the work of transcribing them that you pointed out to me. Acknowledgments are usually made by the person who transcribes the orders and enters them on the requisition. If Mr. Frank didn't make acknowledgments, that would not make

Visible Translated Text Is As Follows: 92do any work. The girls were standing around, crying. We had to suspend. As I went out of the shipping room that morning, I saw Conley standing in the back of the room. I said, "What are you doing here?" He says: "I am scared to go out, I would give a million dollars if I was a white man." I is very dark on the ground floor around the elevator. I have never known the doors to Mr. Frank's inner or outer office to be locked. Even if they were you can see

Visible Translated Text Is As Follows: cinnati, Ohio, received 4-26-13, ship at once." All of these eleven orders are in Mr. Frank's handwriting and he entered them that day. That is the regular book that we keep those orders in (Defendant's Exhibit 12). I have looked at the original orders and compared them with Mr. Frank's entry in the book and they are correct. I have here the original orders from which Mr. Frank made his entries, with the exception of one, which I can't find. They were in Mr. Dorsey's possession for some time. These are the eleven original

Visible Translated Text Is As Follows: 90count it as actual cash. On that Saturday, we couldn't have over $30 or $35 in the drawer. Yes, I acquainted Joel Hunter, the accountant, with all the data that goes in the financial sheet and explained it to him in detail, and also Mr. Bidwell. I gave them all the data necessary to make up the sheet. The sheet here headed "Comparison 1912-1913" is Defendant's Ex. "11") is made up by Mr. Frank to show the difference between one week of this year and the same week of last year and in making

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: stop on the platform. Mr. Frank did not know that I had not completed the data sheet (Defendant's Ex. "8") for him before Saturday morning. It usually took Mr. Frank and me about three hours to finish the financial sheet. This is the financial sheet that Mr. Frank made up on Saturday afternoon, April 28th (Defendant's Ex. "2"). It is in his handwriting. I didn't see it at the factory on Friday. First saw it the following week when I got it back from the general manager. It is accurately prepared from the calculations

Visible Translated Text Is As Follows: Frank. There were no women at the factory. I have never seen Mr. Daltou in the factory in my life. Daisy Hopkins waited on the office floor. She left the factory June 6th, 1912, as appears from the time book. Never saw her in the factory after she quit work. On the 26th Saturday in January, Frank remained in the office with me until 5 o'clock to catch my train. I was at the factory last Thanksgiving day. It was very cold and rainy. It was a holiday at the factory. The office boy

Visible Translated Text Is As Follows: of the company were taken care of. We simply looked after the manufacturing end. The financial sheet which Mr. Frank and I worked on on Saturdays showed how our week terminates, whether a profit or loss. We had to show what we manufactured, what we packed, the materials that were made to go on the pencils, covering lead, plugs, tips, boxes. We showed our shipments, what our average-order-jobs amounted to, what we purchased for and the price. Our factory week began on Friday night and went through Thursday night. In making up the financial

Visible Translated Text Is As Follows: 85passengers except Mary Phagan. As to what attracted my attention to Mary getting on the front end of the car, as a general rule when she would catch our car Mr. Matthews would say to her "You are late to-day," and sometimes she would come in and remark that she was mad; that she was late to-day and when she came that morning Mr. Matthews said to her, "Are you mad to-day ?" and she said, "Yes, I am late." And sort of laughed and came on in the car and sat down. She

Visible Translated Text Is As Follows: get off the car at Broad and Marietta because there was a street car conductorsitting behind me, an ex-conductor and he had a badge on his coat and Ilooked at it and it had a little girl's picture. I reached over to where Marywas and said, "Little girl, here is your picture" and she said, "No, it is not."I don't know who the other little girl was riding with her. The other littlegirl was dressed something like Mary. I didn't pay much attention to theirdresses, but they looked sort of alike. Mary's dress wasn't

Visible Translated Text Is As Follows: Don't know the day. It was shortly after April 28th. After Conley madehis last statement Chief Beavers, Lanford and I went to the jail with Conleyand saw the Sheriff and he went to Frank's cell. The last time I saw Frankwas Saturday, May 3rd. As to whether Mr. Prehn refused to see me, onlythrough Sheriff Mangum, as to the number of people I told Conley didn't fitthe first time and those I told him didn't fit the last time, I couldn'tnot name those, that would almost be impossible unless I had the statementclear in

Visible Translated Text Is As Follows: 82the little girl was Mary Perkins. He never said anything at all about MaryPerkins. We pressed him that day as to whether he saw Mary Phagan or not.He finally told us that he saw her dead body. He never did tell us that he hearda lady scream though we asked him about it. He said he did not hear anybodyscream while he was sitting on the box. He said he didn't hear anything atall that day. He never said anything about Mr. Frank having hit her, andhaving hit her too hard. He never said

Visible Translated Text Is As Follows: 81very strongly to him and tried to make him give a confession. We used alittle profanity and cussed him. He made that statement after he knew that Iknew he could write. We had had him for about the last three hours that day. Hemade another statement on May 24th which he was put in writing. (Defend-ant's Exhibit 37.) He was carried to Mr. Dorsey's office that day and wentover the statement with Mr. Dorsey. He still denied that he had seen thelittle girl the day of the murder. He swore to all the statement

Visible Translated Text Is As Follows: 80some time. Hasn't been used since Christmas. If the negro went out and bought-beer I didn't know it. I never saw him. I don't recollect whether the drayman was up there April 26th to get his pay or not. There was so much excitement in the factory on Monday that we shut down about 9:30. Nobody stayed at their work. Jim Conley quit work like everybody else and went out. As to-one thing that Conley said that the others didn't do I haven't got any. The shirt he was washing was the same shirt

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: except when Schiff. was off on his vacation. I have never seen any of them bring any women in there or take any out. I have never been sick or missed a single Saturday since last year. I would leave about 4.30 Saturday after- noon. I have never seen Dalton in the factory at all. I wouldn't have let a fellow like that in the building unless I knew what his business was. There was nobody practicing any immoralities in the building. If they did I would know it. I would have put them

Visible Translated Text Is As Follows: 77RE-DIRECT EXAMINATION.I communicated immediately with the police when we found the blood back there. I think Harry Scott was the first man I reported Conley's nervousness to. It was on Monday, April 28th, 1913.E. F. HOLLOWAY, recalled for cross examination.I am the day watchman and time keeper. I look after the register to see that everybody registers. No, it was not a habit of Conley to register or not as he pleased and to get his pay anyhow. If he didn't register I always got after him. I applied the same rule to him

Visible Translated Text Is As Follows: 76to see if I could pick out a man that looked suspicious, and Jim Conley was the man I thought looked most suspicious. The latter part of last year I issued orders that the sweepers must stop cleaning up by twelve o'clock and if they hadn't cleaned up by that time they would have to knock off and leave the factory. If they stayed there after twelve o'clock I didn't know anything about it. Harry Denham usually stayed in the factory every other Saturday afternoon to clean the motor and oil the machinery and

Visible Translated Text Is As Follows: (Witness identifies various portions of factory from the factory model—Defendant's Exhibit 4). There is no lounge, sofa, cot or bed-in-the whole factory. I found two boxes down in the basement in Clark Woodenware side of old dirty, rotten stuff, too dirty and rotten for a human being to rest upon. It's boggy in there. They had on top of them some dirty, filthy, nasty crocus sacks. There is no lounge, bed, sofa or anything of the sort in the metal room. I have never seen a chair in there. I have never seen any

Visible Translated Text Is As Follows: wrote the word ‘Luxury’ and ‘Thomas Jefferson.’ I didn’t have anything at all to copy from. I was writing it down for Mr. Frank.MRS. J. A. WHITE, recalled for the State.I have seen this man before at police headquarters (indicating Conley) about a month after the murder. At that time I did not identify him as being the man I saw sitting on the box. The man sitting on the box was about the same size as Jim Conley. I couldn’t state it was Jim Conley. He was sitting in a dark place, and

Visible Translated Text Is As Follows: Miss Mary Fink on April 28th and she didn't say that I committed the crime and I didn't shoot out of the room immediately after she said that I didn't tell Miss Carson on Monday that I was drunk all day Saturday. I didn't see her at all on Monday. I didn't tell Mr. Herbert Haas on Monday that I was afraid to go on the street, that I would give a million dollars if I was a white man. I said if I was a white man I would go on out. I

Visible Translated Text Is As Follows: standing at the steps. I could see the clock from there. Then I went back and got a piece of striped bed tick, something like your shirt there, had whitish looking stripes on it. I taken the cloth and spread it down and rolled the little girl in-the cloth and tied it up and laid her down in the cloth, I tied the cloth around her. I did my best and her feet were hanging out of the cloth, also her head. If I didn't tell Black and Scott anything about the hat and

Visible Translated Text Is As Follows: stayed up there a good little while, ten or fifteen minutes. I didn't tell the officers the peg-legged negro went up first. I didn't tell them in the first statement. I may have told them in the next statement. The peg-legged negro didn't stay up stairs no time. Came back down with Mr. Holloway. Mr. Darley came down five or ten minute after Mr. Holloway came down. Yes, that was after he came back from Montag's. I have no idea what time it was. After Holloway came down, the lady with the green dress

Visible Translated Text Is As Follows: to tell it all right at one time. I just told a little and kept back a little. Yes, and Mr. Dorsey went down seven times while I was telling some and holding back some. They didn't ask me to back any stories. No, it didn't take Mr. Dorsey seven-times to tell the truth. Yes, I said I added to it every time he went down. But he wouldn't go back and try to do anything with it. I didn't tell the officers that I went to a moving picture show after I left

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: there. I must have said so. I don't remember saying it. I told them I metMr. Frank at the corner of Nelson and Forsyth Street before I went to thefactory. Yes, I told them I went from Peters Street and met him at the cornerof Nelson and Forsyth before I went to the factory. As to why I told them thatstory, because I did meet him there. No, I didn't go straight from PetersStreet to meet him at the corner of Nelson and Forsyth as I told them. I wentstraight from Peters street to

Visible Translated Text Is As Follows: reason I told them I left home at 9 or 9:30, because there was not anything doing at the factory at that time. I told them it was about 9 o’clock when I looked at the clock, because I don’t know what time it was when I looked at the clock, and I told them I had some steak and some sausage for breakfast and a piece of liver and I drank some tea and bread. Well, there was some sausage, but I don’t know whether I ate it or not. Yes, I had

Visible Translated Text Is As Follows: that statement in the detectives' office. Mr. Black and Mr. Scott were present. They didn't question two or three hours. I did some writing before then, before that statement was made. Yes, I know I did some writing before May 18th. I did some writing in Chief's office that Sunday. I told Black I bought whiskey on Peters Street at about 10.30. I told them I paid forty cents for it. I don't remember telling them that I bought the whiskey at 11 o'clock. Yes, I told them I went into the Butt-In Saloon

Visible Translated Text Is As Follows: could'nt tell you anybody who came to the factory the first Saturday I watched.The second time I think there were some young ladies working up on thefourth floor. I don't know about the third time. I don't know whether any-body was working there Thanksgiving or not. I didn't see Mr. Schiff at all.I will swear that he was not in the office with Mr. Frank. I don't knowwhether any ladies were working there the next time or not. I have been backin the metal department, but I never have been on the right hand

Visible Translated Text Is As Follows: told me to watch for him. I don't know whether Mr. Frank knew he was there or not. There were eight niggers in all working in the factory. Snowball, the fireman and me did just plain manual labor, the rest of the negroes had better jobs. Snowball, the fireman and me were the last negroes to get jobs there. We were the new darkies; the others had been working there before we went there. Mr. Frank used to laugh and jolly with me. I couldn't tell you the first time he did this. Mr.

Visible Translated Text Is As Follows: standing by the side of Gordon Bailey when he come and told me, and he said, I could make a piece of money off that man. Yes, Snowball could hear what he said. The man and ladies came about half past two or three o'clock. They stayed there about two hours. I didn't see either one of the ladies. I can't describe what either one of them had on. The man was tall slim built, a heavy man. I have seen him at the factory talking to Holloway, he didn't work there. I have

Visible Translated Text Is As Follows: that time about half an hour and then the girl went out. He gave me half a dollar this time. The next time I watched for him and Mr. Dalton too, somewhere along in the winter time, before Thanksgiving Day, somewhere about the last part of August. Yes, that's-somewhere after the winter. This time he spoke to me on the fourth floor in the office. Gordon Bailey was standing there when he spoke to me. He said, "I want to put you wise again for to-day." The lady that came in that day was

Visible Translated Text Is As Follows: my habit not to do it. As to how they would know how much to pay me if I didn't ring in, I knew they paid me $1.10 a day all the time. No, they didn't pay me by the clock punches, they paid me by the day, they paid me 11c. an hour. Sometimes I would punch the clock when I got there; that was my duty. Sometimes I was paid when I didn't work, I don't know how that happened, but Mr. Frank would come and tell me I didn't take out

Visible Translated Text Is As Follows: but $6.05. Snowball was drawing $6.05. As to who it was I didn't want to see what I was drawing, there was one named Walter Pride; he's been there five years. He said he drew $12.00 a week. Then there was Joe Pride, he told me he drew $8.40 a week. They were down in the basement and asked me how much I was drawing. I told them I didn't know none of their business. Then there was a fellow named Fred. I don't know how much he drew. The next one was the

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: paper dollar bills in there and two silver quarters and I took a drink, and then I bought me a double header and drank it and I looked around at another colored fellow standing there and I asked him did he want a glass of beer and he said "No," and I looked at the clock and it said twenty minutes to two and the man in there asked me was I going home, and I said, "Yes," and I walked south on Forsyth Street to Mitchell and Mitchell to Davis, and I said

Visible Translated Text Is As Follows: takes a cigarette and a match and hands me the box of cigarettes and I lit one and went to smoking and I handed him back the box of cigarettes, and he put it back in his pocket and then he took them out again and said, "You can have these," and I put them in my pocket, and he said, "Can you write?" and I said, "Yes, sir, a little bit," and he taken his pencil to fix up some notes. I was willing to do anything to help Mr. Frank because he

Visible Translated Text Is As Follows: found I couldn't get it on my shoulder, it was heavy and I carried it on my arm the best I could, and when I got away from the little dressing room that was in the metal department, I let her fall, and I was scared and I kind of jumped, and I said, "Mr. Frank, you will have to help me with this girl, she is heavy," and he come and caught her by the feet and I laid hold of her by the shoulders, and when we got her that way I

Visible Translated Text Is As Follows: and rubbing his hands like this. He had a little rope in his hands—a long wide piece of cord. His eyes were large and they looked funny. He looked funny out of his eyes. His face was red. You see, I had a cord in his hands just like this here cord. After I got up to the top of the steps, he asked me, "Did you see that little girl who passed here just a while ago?" and I told him I saw one come along there and she come back again, and

Visible Translated Text Is As Follows: give the young lady time to get out" - I says, "All right, I will do just as you say," and I did as he said. Mr. Frank hit me a little blow on my chest and says, "Now, whatever you do, don't let Mr. Darley see you." I says, "All right, I won't let him see me," and then Mr. Frank went upstairs and he said, "Remember to keep your eyes open," and I says, "All right, I will, Mr. Frank." And I eat there on the box and that was the last

Visible Translated Text Is As Follows: there Thanksgiving day, she was a tall, heavy built lady. I stayed down there and watched the door just as he told me the last time, April 26th. He told me when the lady came he would come and let me know that was the one and for me to lock the door. When he told me the lady came and he stomped for me, I went and locked the door. He told me. He told me when he got through with the lady he would whistle and for me then to go and

Visible Translated Text Is As Follows: 52RE-DIRECT EXAMINATION.Miss Daisy Hopkins knows Mr. Frank. I have seen her talking to him and she told me about it.S. L. ROSSER, sworn for the State.I am a city policeman. On Monday, April 28th, I went out to see Mrs. White. On May 6th or 7th was the first time I knew Mrs. White claimed to have seen a negro at the factory on April 26th. These are the same clips we had at factory. The club was not on floor by elevator the day I searched the place. I had a flash light

Visible Translated Text Is As Follows: some parties in the office but I don’t know them. They were ladies. Sometimes there would be two and sometimes more. I don’t know whether it was the stenographer or not. I don’t recollect the next time I saw him in his office. I never saw any gentlemen but Mr. Frank in there. Every time I was in Mr. Frank’s office was before Christmas. Miss Daisy Hopkins introduced me to him. I saw Conley there one time this year and several times on Saturday evenings. Mr. Frank wasn’t there the last time. Conley was

Visible Translated Text Is As Follows: around the neck of this little girl and produced the same results as I found. I took about five or six ounces altogether out of the stomach. It was all used up in making my experiments. I know of no experiments made as to the effect of gastric juices where the patient is dead. The juices of the body after death gradually evaporate. The chief analysis of each cabbage varies, not only in the plant but from the way it is cooked. It is a very vague matter as to what influences may retard

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: RE-DIRECT EXAMINATION.I could not detect the hymen from a digital and ocular examination. Ordinary normal menses would produce congestion of the blood vessels in the womb. The blood, flowing over the hymen, I think would produce a little inflammation at the hymen, but if the hymen was broken down, I don’t know that menstruation would have any affect upon the hymen. If the menstruation was about off, then I would say that any undue excitement might produce the flow again, or increase the flow that was already there. The contents of this bottle didn’t

Visible Translated Text Is As Follows: shaft with an edge, it might have produced the wound. I do not know of the kind of instrument that produced the wound. There was no contusion on the inside of the skull, but the skull was not fractured. Neither the brain nor the meningis were affected. There was a slight contusion on the inner lining of the skull. There was no bleeding on the brain tissues. I don't know whether it would produce unconsciousness or not. I was never asked before to examine the inside of anybody's skull to determine the fact whether

Visible Translated Text Is As Follows: 46on the inside of the garment high up about the waist line which to my mind could not have been produced by turning with the tail.CROSS EXAMINATION.I found grit and stain on all of the chips. I couldn't tell the one that I found blood on. I did the work in the ordinary way. The whole surface of the chips was coated with dirt. I couldn't tell whether the blood stain was fresh or old. I have kept blood corpuscles in the laboratory for several years. I found probably three or four or five

Visible Translated Text Is As Follows: before death because it was very much swollen: if it had been hit after death there wouldn't have been any swelling. I found a wound 2½ inches on the back of the head. It was made before death because it bled a great deal. The hair was matted with blood and very dry. If it had been made after death, there would have been no blood there. There was no circulation after death. The skull wasn't crushed; the scalp was broken. The indication was that it was made before death. There was a scar

Visible Translated Text Is As Follows: 44CROSS EXAMINATION.I was called as a witness in this case a week after it started. I told some of my friends about Mr. Frank's nervousness and they advised me to go to Dorsey. I never knew or saw Mr. Frank before. When we were told of how the little child was murdered, it excited me some.RE-DIRECT EXAMINATION.I don't recall trembling any. I am pretty sure I didn't because my friend that I went to Opelika with that morning suggested that I was trembling when I went through there, and I told him I was

Visible Translated Text Is As Follows: 4330 minutes. I was in the automobile with Mr. Frank and Mr. Black and his leg was shaking. He was under arrest at the time.CROSS EXAMINATION.I don’t know what he was doing in the office. I saw some other people up there that I didn’t recognize. I was sent to the pencil factory to notice Mr. Frank and the pencil factory. I thought Mr. Frank would be arrested.J. L. BEAVERS, sworn for the State.I am Chief of police of the City of Atlanta. I was at the pencil factory on Tuesday, April 29th, and

Visible Translated Text Is As Follows: Mr. Starnes, Mr. Campbell, Mr. Morse, Mr. Martin and Mr. Dorsey all talkedto me. I didn't go down to see Miss May at the station house. I didn't see Mrs.Frank or Mrs. Selig that Saturday through the mirror. I didn't keep my eyeon the mirror all the time. I couldn't tell who was in the dining room withoutlooking in the mirror. Mr. Frank got there not later than 1:30. Mr. Frankcame on back to Pulliam Street, and caught the Georgia Avenue car at thecorner of Georgia Avenue, and Pulliam Street. I am certain that

Visible Translated Text Is As Follows: G. C. FEBRUARY, sworn for the State.I was present at Chief Lanford's office when Leo M. Frank and L. Z. Rosser were there. I took down Mr. Frank's statement stenographically. I don't remember Frank's answers in detail. Mr. Rosser was looking out of the window most of the time. He didn't say anything while I was in there. This (Exhibit B, State), report is correct report of what Mr. Frank said. It was made on Monday, April 28th.CROSS EXAMINATION.I believe Mr. Rosser and Mr. Frank were in the room when I came in. It

Visible Translated Text Is As Follows: I continued to call for about five minutes. I told Central that there had beena girl killed in the factory and I wanted to get Mr. Frank. I called Mr. Haasand Mr. Montag, too. I got a response from both. I think a lady answeredthe telephone. I got them in a few minutes. I tried to get Mr. Frank againabout four o'clock. Central said she rang and she couldn't get him. Therewas some blood on the girl's underclothes.CROSS EXAMINATION.There was a wound on the left-hand side of the girl's head. The blood wasdried up.

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: 88ladder in the basement is much closer to the elevator than what is shown on the picture. It is about 6 feet. On the picture it looks to be about 10 feet and the toilet in the basement is closer to the elevator than the picture shows, it is right up against the wall. The picture does not show the Clarke Woodenware partition back of the elevator. The door to the Clarke Woodenware Company also is closer to the elevator than the picture shows. On the stairs from the first to the second floor

Visible Translated Text Is As Follows: Mr. Frank saw anything going wrong inside the factory, he would refer thematter to me. I never saw Mr. Frank speak to Mary Phagan. I don't knowwhether he knew her or not. I didn't know we had a girl by that name in thefactory until I found it out afterwards. The two men working up in the fourthfloor all day Saturday could have come to the second floor into the metal roomand down into the basement if they wanted to, they had the whole run of thefactory. Yes, I have seen all kinds of

Visible Translated Text Is As Follows: On a cloudy day it is very dark. We keep a light burning there most of the time. I couldn't say whether we had cleaned up all the trash and rubbish around the factory, because there are corners and crevices which we don't usually get to. Saturday, April 26, was a very bad, misty day, until about 9:30. It was cloudy most of the day. It was dark there around the elevator on the first floor and we had big heavy boxes piled up there. One of them must have been almost as large

Visible Translated Text Is As Follows: "jobs" implies I don't know how many different kind of jobs. There are 24 different kind of pencils. He puts them there as having been produced that week. He got the reports as to the quantity of each kind of pencil and had to tabulate all those reports and arrive at the total of each kind. No, I don't think he had to figure out the cost of production of each kind, but he figures the quantity of each kind of pencil and shows its value on the sheet. Starnes and Black and Anderson

Visible Translated Text Is As Follows: 34he had to figure it up at the end of the month to get the average. To arrive at the profit that was made during the week he took the actual value of the pencil and the amount of expenses that was paid out for material, labor, etc. He had to get all the data, all the reports and make all those calculations. It usually took him from about half past two to three o'clock on Saturday until five-thirty, and some times later. This financial sheet (Defendant's Exhibit "2") is in Frank's handwriting and

Visible Translated Text Is As Follows: done, I don't think. When riding down to the police station from the pencil factory Mr. Frank was on my knee, he was trembling. I saw the financial sheet on Mr. Frank's desk. Mr. Frank picked it up in his hand. Gantt was at the factory three or four times after he was discharged. My recollection is that Frank said something about the financial sheet on Sunday. It was on May 3rd that Mr. Haas, the insurance man asked that the factory be cleaned upon the Malsby side and on the other side. When

Visible Translated Text Is As Follows: RE-CROSS EXAMINATIONWhen I gave Mr. Dorsey that affidavit about locking the elevator I was telling more about my habit, the way I usually did it. I forgot to tell him about sawing those planks that Saturday morning and the fact that I sawed those planks makes me know that I left the elevator unlocked. The elevator makes a good deal of noise when it starts and when it stops.RE-DIRECT EXAMINATIONI was on the second floor when all of these people came in the factory. Mr. Frank worked on his books until he got ready

Visible Translated Text Is As Follows: up there; I had to saw that plank for them. They told me that it would take them until about 3 o'clock. The office boy, Alonzo Mann, 18 or 14 years old, came in next. Mr. Frank came in about 8:20 or 8:45. He went right in his office, unlocked his safe and got out-his books. I went to work on them. Mr. Darley was the next one that came in and then Mattie Smith the next. She stayed about 10 minutes and went out again. I met Miss Corinthia Hall and Miss Emma

Visible Translated Text Is As Follows: 800that I locked it Saturday. I did say in that affidavit it is kept locked all the time. The reason I said at the coroner's inquest that the elevator box was always locked and that I left it locked on Saturday was because I forgot to tell about that sawing. I did that sawing just after I left there Saturday. Friday evening I never heard Mr. Frank say anything to Newt Lee. When I left the factory at 11:45 on Saturday Mr. Frank said to me "You can go ahead if you want to;

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: 28on second floor near dressing room. That wasn't thereon Friday when Iswept between 9 and 12 o'clock. I use a small broom in sweeping. I saw abig cane broom standing by the waste material on Monday about six feetfrom where the blood was found. The spot looked to me like it was blood,with dark spots scattered around. It looked like the large broom had beenused in putting the haskoline on the floor by the impressions or scratches ofthe cane in the floor.CROSS EXAMINATION.I was a sweeper in the metal room. Yes, they have regular

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,