Leo Frank TV

Visible Translated Text Is As Follows: thing to Mr. Herbert or Mr. Darley about what's going on around here."" Next time I watched for him was on Thanksgiving Day. I met Mr. Frank that morning about eight o'clock. He said "A lady will be in here in a little while, me and her are going to chat, I don't want you to do no work, I just want you to watch." In about half an hour the lady come. I didn't know that lady, she didn't work at the factory. I think I saw her in the factory two or

Visible Translated Text Is As Follows: turned around and went on up the ladder, and I noticed her hat and allipper and piece of ribbon and I said, "Mr. Frank, what am I going to do with these things?" and he said, "Just leave them right there," and I taken the things and pitched them over in front of the boiler, and after Mr. Frank had left I goes on over to the elevator and he said, "Come on up and I will catch you on the first floor," and I got on the elevator and started it on to

Visible Translated Text Is As Follows: sie 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 retard digestion. Every individual is almost a law unto himself. To a certain extent different vegetables affect different stomachs different ways, but the average normal stomach digests anything that is eaten within reason. Some authorities claim that exercise will retard digestion. I don't know that mental activity would have very much effect in retarding the digestion. It is the generally accepted opinion that food begins to pass

Visible Translated Text Is As Follows: I DON'T know whether it was blood or not. It looked like blood.R. M. LASSITER, Sworn for the State.I am a city policeman. On Sunday morning, April 27th, I found a parasol in the bottom of the elevator shaft. It was lying about the center of the shaft. I also found a ball of rope twine, small wrapping twine, and also something that looked like a person's stool.CROSS EXAMINATION.I noticed evidence of dragging from the elevator in the basement. As I passed the rear door at 12 o'clock, the door was closed. The umbrella

Visible Translated Text Is As Follows: found all over the building for this reason, they write an order, and sometimes fail to get the carbon under it, and other times they have to change the order and tear it out and throw it in the waste basket in the office and from there it gets into the trash. That kind of little pad is used all over the factory. The foreladies make their memorandum on that kind of tablet. You will find them all around. It is one of the biggest wastes around the place. They are all over the

Visible Translated Text Is As Follows: 50have two clocks. One runs to 100 and the other runs from 100 to 200. Each employee has a number. That is the reason we have two clocks. When Miss Mattie Smith came in she discovered a mistake about her time by the time she reached the clock. Mr. Frank and Mr. Darley corrected it in the office and then she left. Mr. Frank got back from Montag's about 11 o'clock. He had with him the folder in which he carries his papers. Nobody was with him when he came back. He went right

Visible Translated Text Is As Follows: report that to you. I reported the active of our conference. - No, I did not say anything about Mr. Haas wanting us to do anything except locate the murderer. Yes, I talked to you afterwards and you also told me to find the murder, even if it was Frank. Mr. Haas had said to Mr. Pierce and me that he would rather that we submit our reports of evidence to him before we turned it over to the police. No, there was nothing said about not giving this to the police. I testified

Visible Translated Text Is As Follows: dressing upstairs or not, I couldn't see him when he went behind theoscurtain. 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 body. I saw the face when the undertaker turned her over. Yes, Mr. Frank being in front of me had an opportunity to see it also. No, 'r. 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. Frank went to the

Visible Translated Text Is As Follows: look at the corpse. I don't remember that Mr. Frank ever followed me in this room. He may have stopped on the outside of the door, but my back was toward him and I don't know where he stopped. Mr. Gheesling turned the head of the dead girl over towards me and I looked around to see who was behind me and I saw Mr. Frank as he made that movement behind me. He didn't go into the closet as far as I could see, but he got out of my view. He could

Visible Translated Text Is As Follows: the way back in the basement, to a partition on the left, leadingfrom the elevator. The basement is about twenty feet wide.The negro lead the way back about one hundred fifty feet and weround the body. The girl was lying on her face, not directlylying on her stomach, with the left side on the ground, theright side up just a little. We couldn't tell by lookingat her whether she was white or black, only by her golden coloredhair. They turned her over and her face was full of dirt anddust. They took a piece

Here is the extracted text from the image: STATE OF GEORGIA,VS.LEO M. FRANK.In Fulton Superior Court,Trial begun August 26th, 1913.Judge L. S. Roan presiding.Conviction of murder at July Term, 1913of Fulton Superior Court, and motionfor new trial.BRIEF OF THE EVIDENCE.MRS. J. W. COLEMAN, sworn for the state.I am Mary Phagan's mother. I last saw her alive onthe 26th day of April, 1913, about a quarter to twelve, at home,at 146 Lindsay street. She was getting ready to go to thepencil factory to get her pay envelope. About 11:30, sheate some cabbage and bread. She left home at a quarter totwelve.

Here is the extracted text from the image: by his good character, and to acquit him. (Stephens case 61 Ga. 569).The word "character" as used in this connection, means that general reputation which he bore among the people who knew him prior to the time of the death of Mary Phagan. Therefore, when the witnesses by which a defendant seeks to prove his good character are put upon the stand, and testify that his character is good, the effect of the testimony is to say that the people who knew him spoke well of him, and that his general reputation

Here is the extracted text from the image: Georgia,Warfon County.State of Georgia, Vs. In the Superior Court of Fulton CountyLeo M. Frank. Georgia.Written questions to be propounded to J. J. Nunnally, Esq.,W. L. Ricker, Esq., Virgil Harris, Esq., andx x x x x x x x x x x x x x x x x x x x x1. (Q). Have you examined the attached clipping from theAtlanta Georgian of August 23, 1915, and particularly thelikeness 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.

Here is the extracted text from the image: Georgia, Hancock County.State of Georgia, In Superior Court of Fulton County,Vs. Georgia.Leo M. Frank.Questions to be propounded to John M. Holmes of Sparta, Hancock County, Georgia.1. (Q). Have you examined clipping from the Atlanta Georgian of Aug. 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

Here is the extracted text from the image: EXHIBIT HH.Georgia, Fulton County.State of Georgia, In the Superior Court of Fulton County,Vs. Georgia.Leo M. Frank,Before me, an officer authorized under the law 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. F. UpshawC. E.

Here is the extracted text from the image: EXHIBIT BB.Georgia DOUGHERTYROCKMART COUNTY.State of Georgia, In the Superior Court of Fulton County, Ga.Vs.Leo M. Frank.Before me personally appears Mack Farkas, who being dulysworn deposes and says that attached to his affidavit is a carboncopy of an order made by Sam Farkas, of Albany, Ga., toFranklin Buggy Company, Incorporated, of Barnesville, Ga.Said order is marked Exhibit "A" Said order was taken by A. HHenslee, a traveling salesman for said Franklin Buggy Co.,in person, said order was taken on the date same bears date,to-wit: on July 8th, 1913.This affidavit is made to be

Here is the extracted text from the image: EXHIBIT T.State of Georgia, Vs. Leo M. Frank,In Fulton Superior Court.State of Georgia,County of Fulton.Personally appeared H. G. Williams, resident of Atlanta, Ga.,who deposes and says that on the day of the Frank trial closed,and verdict of guilty was found by the jury against Leo M. Frankaccused of the murder of Mary Phagan, this Deponent was onSouth Pryor Street in front of the Court House.This Deponent saw Solicitor Dorsey come from the Court Houseand cross the street to the Kiser Building in the presence ofexceeding five hundred (500) people, who cheered hisappearance

Here is the extracted text from the image: EXHIBIT K.The State of Georgia, Fulton Superior Court.Vs. Leo M. Frank. GEORGIA, FULTON COUNTY.Personally appeared before the undersigned a Notary Public in and for said county, B. W. Kay, who on oath says that he is a resident of the City of Atlanta, living at #364 S. Pryor St. Deponent says further that on Saturday evening, August 23rd, 1913 about 8 or 8:30 o'clock P. M. he was driving on his father's automobile down South Pryor Street, going south, there being in the automobile with him his mother Mrs. Rose Kay, and

Here is the extracted text from the image: EXHIBIT E.STATE OF GEORGIA,COUNTY OF FULTON.State of Georgia,Fulton Superior Court.VS.Leo M. Frank.Before me personally appear L. Z. Rosser, Morris Brandon, R.R. Arnold and H. J. Haas, who, being duly sworn, deposes andsays that they are the sole counsel of defendant in the abovecase, and they make this affidavit to be used as evidence on themotion for new trial in said case.Further deposing they say that, since the trial of said caseand the verdict and sentence therein, it has come to theirknowledge that two of the jurors who sat on said case, to-witA.

Here is the extracted text from the image: morning, and that isn't the evidence, there's not a line to thateffect.""The Court: Do you still insist that he had it in hispocket?""Mr. Dorsey: I don't care anything about that; the point ofthe proposition, the gist of the proposition, the force of theproposition is that old Holloway stated, way back yonder in May,when I interviewed him, that the key was always in Frank's office;this man told you that the power box and the elevator wasunlocked Sunday morning, and the elevator started without any-body going and getting the key.""Mr. Rosser: That's not the

Here is the extracted text from the image: killed his wife because of infatuation for another woman, and put her remains away where he thought as this man thought, that it would never be discovered but murder will out, and he was discovered, and he was tried, and he said at said to the glory of old England, he was executed."96. Voyant further says that a new trial should be granted, because of the following ground:The Solicitor General, in his concluding argument, spoke to the jury as follows:"But to crown it all, in this table which is now turned to

Here is the extracted text from the image: became material to determine what time this English Ave., carreached Broad Street on the day of the murder. The motorman Mat-thews and the conductor, swore that on that day the EnglishAve., car reached Broad Street at 12:07. The Court permittedthis and other like testimony to be introduced tending todiscredit their statements that the car was on schedule timethat day. In doing this the Court erred, for the fact thatthe English Ave., car was ahead of time as much as fourminutes on other days did not indicate that it was ahead of timeon

Here is the extracted text from the image: When it was announced that the jury had agreed upon a verdictcrowds had thronged the court room to such an extent that the Courtfelt bound to clear the court room before receiving the verdict.This the Court did. But, when the verdict of the jury was rendered, a large crowd had thronged the outside of the court house;some one signaled to the outside what the verdict was, and the crowdon the outside raised mighty shouts of approval. So great was theshouting and applause on the outside that the Court had somedifficulty in hearing

Here is the extracted text from the image: (Referring to questions asked by the Solicitor General).Mr. Arnold: He is asking how long it took to do all this work connected with it. (Referring to work done by Frank the day of the murder.)The Court: Well, he knows what he is asking him. (Referring to the Solicitor General.)Upon this suggestion of the court that the solicitor knew what he was doing, the spectators in the court room applauded by striking their hands together and by the striking of feet upon the floor, creating quite a demonstration Defendant's counsel complained of the

Here is the extracted text from the image: three weeks and the fact that the clocks were not keeping accuratetime three weeks before the trial was immaterial, and the evidencethereon tended to mislead and confuse the jury. Gantt did notwork at the factory during the three weeks just prior to thecrime, and his testimony as to the clocks related to the time hedid work at the factory.54. Because the Court permitted the witness Scott to testifyin behalf of his Agency, over the objection of the defendant,that the same was irrelevant, immaterial and incompetent, sub-stantially as follows:"I got hold of the

Here is the extracted text from the image: Q. How much after one?A. I do not know, probably five or ten minutes.Q. One-ten then, now, how much of the time during that time you were there did it take Conley to act what he acted, 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 the run.Q. All right, now, leave out now the time that it took this man to answer the questions that were put

Here is the extracted text from the image: defendant, made as above stated and in doing so committederror, for the reasons herein stated.This was prejudicial to the defendant, because the SolicitorGeneral, contended that his failure to sooner report the findingof the club and the envelope to the police were circumstances ag-ainst Frank. These detectives were not employed by Frank, but byFrank for the National Pencil Company, and movant contends thathe is not bound by what they did or failed to do.The Court should have so instructed the jury.43 (66) Because the Court permitted the witness Irene Jack-son, at the instance

Here is the extracted text from the image: it was wholly immaterial as to what his custom previous to thattime had been.31. Because, during the trial the following colloquy took placebetween the solicitor and the witness Schiff:-Q. Isn't the dressing room back behind these doors?A. Yes, it is back behind these doors.Q. That is the fastening of that door, isn't it?A. Yes.Q. And isn't the dressing room back there then?A. That isn't the way it is situated.Q. It isn't the way it is situated?A. It is not, no, sir.Q. Why, Mr. Schiff, if this is the door right here and---A.

Here is the extracted text from the image: indicated in every instance,from 38 to 70 minutes in every single instance, the cabbagewas practically digested, practically altogether so.Over objections made as is above stated, the Court permittedthis testimony to go to the jury and in doing so committed prejudicial error. Experts can testify from the given state of anyscience, but cannot explain the process or results of particularexperiments made by themselves.20. Because the Court permitted the witness Harris to tes-tify as follows:"I wish to say that I made a microscopic examination of thosecontents of the stomachs, and while I found in

Here is the extracted text from the image: he had committed murder, but because he was accused of depravity and degeneracy.When the third of the direct questions here sought to be excluded was asked by the solicitor the defendant objected because the evidence sought would be immaterial. The Court sustained the objection but the solicitor continued with the balance of the direct questions and answers here objected to and the cross questions were thereafter asked and the answers given. The Court therefore erred in not excluding and withdrawing all of said testimony.14. Because the Court erred in not ruling out,

Here is the extracted text from the image: Q. Then he was about the size of Mr. Arnold, Mr. Dalton was? A.Yes sir, just about that size.Q. How old a man did Mr. Dalton look to be? A. He looked to be aman somewhere about 35 years old.Q. About 35 years old? A. Yes sir.Q. You don't know where he lived? A. No sir.Q. You don't know anything about that? A. No sir. I don'tknow where he lived at.Q. How many times did you ever see him? A. I don't know aboutthat.Q. Did you see him around the factory? A.

Here is the extracted text from the image: Q. How much did you draw? A. I don't know, sir.Q. Now, that third time, on the day before Thanksgiving, thatis, three times before Thanksgiving, according to your recol-lection? A. Yes sir.Q. Now did you draw your money that week? A. Before ThanksgivingI couldn't tell you about that.Q. You don't know whether you drew your pay or whether somebodydrew it for you? A. No sir.Q. Or how much you drew? A. No sir.Q. You don't remember that, do you? A. No sir.Q. When did you draw your pay, before or after Thanksgiving,that

Here is the extracted text from the image: and he says: "Yes", and she says: "Well, does he talk much", andhe says: "No, he's the best nigger I've ever seen."Q. She stopped there and looked at you? A. No sir.Q. Didn't you say she stopped and asked Mr. Frank: "Is thatthe nigger?" A. She asked Mr. Frank that.Q. She stopped and said to Mr. Frank: "Is that the nigger?"A. No sir, she didn't stop.Q. She just kept walking? A. Yes sir.Q. Neither stopped, neither one of them stopped?A. No sir, neither one of them stopped at all; she just said

Here is the extracted text from the image: watched for him and Mr. Dalton, too, before that Thanksgiving day.Q. Give us the best you can, of the next time? A. That was somewhere along in the winter time; I don't know, sir, the exact time.Q. Well, Thanksgiving time is winter time, ain't it Jim?A. Yes sir, but this is before Thanksgiving.Q. How many time before Thanksgiving? A. I watched for him there three times before Thanksgiving Day.Q. Well, you've given me two of these times? A. Yes, sir.Q. When was the the next one--about when? A. I don't know, sir;

Here is the extracted text from the image: there when he called me and talked to me about the work.Q. And that was on Saturday A. Yes, sir, that was on a Saturday.Q. About what time, now A. I don't know, somewhere about threeo'clock, though.Q. Sometime about three o'clock A. Yes, sir.Q. What was your Saturday hours, Jim A. I always generallyhave to work from the time I get back there until half pastfour that evening.Q. What time would you usually get back there A. I would leaveaway from there about half past two, ring out the clock, andcome back

Here is the extracted text from the image: (AMENDED MOTION.)GEORGIA, FULTON COUNTY.State of Georgia, No.Vs. Fulton Superior Court.Leo M. Frank. July Term, 1913.And now comes the defendant in the above stated cause, LeoM. Frank, and amends his motion for new trial heretofore filed inthis case, and says:That the verdict in the above stated case should be set asideand a new trial granted for the following reasons, to-wit:1. Because the Court erred in permitting the solicitor to proveby the Witness, Lee, that the detective Black talked to him, thewitness, longer and asked him more questions at the police stationthan did Mr.

Here is the extracted text from the image: Filed in officeClerk. 191Filed in officeClerk. 191Bill of ExceptionsState of GeorgiavsWill FrankCase No.Albany Circuit,Term, 191

Here is the extracted text from the image: W. H. Howard, J.C.Gallier, T.W.Cochran, P.L.Cordy, J.E.,Howard, J.D.Lookridge and C.O.Summers each make affidavit that theyknow A. H. Henslee, one of the jurors who served in the case of theState of Georgia, vs. Leo M. Frank; that each of the witnesses is ac-quainted with the general character of the said A. H. Henslee, andthat the general character and reputation of the said Henslee is good,and from his general character and reputation, each of deponents wouldbelieve the said A.H.Henslee on oath.H. Pitts & L. Lyle, T. J. Webb, and John H. Kelley, each makeaffidavit

Here is the extracted text from the image: Stated in my recollection, until September 2nd, 1915, that Ihave ever expressed any opinion, anywhere, at any time priorto this trial, that Leo M. Frank was guilty. I do not remember;I never had any prejudice against the said Leo M. Frank, and Inever had any fixed opinion, or entertained any kind of opinionof the merits of the case until I heard the evidence; and Iqualified as a juror with an unbiased mind, and with a disposi-tion to readily yield and conform to the evidence, and to be con-trolled absolutely by the law

Here is the extracted text from the image: --22--a talk and stated that he cast a doubtful ballot; there was oneballot marked "doubtful"; he explained to the jury why he castthis doubtful ballot, and submitted some suggestions with referenceto the evidence; up to that time, so far as I know, said Hensleehad not intimated or expressed any opinion whatsoever with re-ference to any feature of the case, except as above; THAT as toM.J.Schenning, so far as I was able to judge from his conduct anddeportment, said J°Schenning was an upright, honest, fair, pru-dent, impartial and conscientious juror, imbued with only

Here is the extracted text from the image: anything that had the slightest resemblance to cheering, andI never heard any applause except that heard by the judge and onlyheard about the cheering after having been discharged from thecase; THAT neither on Saturday, August 23, 1913, nor on any otherday or date, did any man or men other than the bailiffs in chargeof the jury ever walk with or by the side of the jury, and neitherdid anybody within my knowledge, ever speak to any juror at anytime or place outside of the presence of the court; THAT if at anytime

Here is the extracted text from the image: connected with the case, at any time, or that there had been any cheering in any way growing out of or connected with the Frank case, until after the verdict was rendered, and I was told about said incidents; the jury left the courtroom every time before the Judge, lawyers, and audience were permitted to leave, and there was never any applause or cheering either inside the court or outside of the court, within my knowledge, while the case was being considered; the jury, in leaving were always attended by the deputy

Here is the extracted text from the image: thenetary come out of the court house about six P. M.; that a fewminutes after the jury came out of the court house, Mr. Dorsey ap-peared in the entrance, whereupon a great cheer arose from the peoplecrowding in the streets and around the court house entrance; that atthat time deponent saw the jury about fifty feet from the entranceof the court house, the jury at the time crossing the street diagon-ally toward the German Cafe; that in the opinion of deponent the yellsand cheers would have been heard several blocks away; that

Here is the extracted text from the image: with H. Johenning, one of the jurors who served in the trial of LeoM. Frank for murder of Mary Phagan; that during May, 1915, said M.Johenning met deponent and deponent's daughter on Forsyth Street,Atlanta, Georgia, and then and there deponent said M. Johenning expressedto the deponent and deponent's daughter the firm belief that Leo M.Frank was guilty of the murder of Mary Phagan. This statement wasmade by M. Johenning forcefully and positively and as his profoundconviction.H. Q. Loevenhart makes the following affidavit, deposingand saying as follows: that for some eighteen months prior

The visible text in the image is: REEL NO. 6.3911

The National Pencil Company operated in the Venable Building at 37–41 South Forsyth Street in Atlanta, Georgia, from 1908 to 1916. This long, brick and wood-frame masonry through-lot was situated in downtown Atlanta between what is now known as MLK Jr. Drive. The street façade of the building was characterized by the heavy Romanesque Revival style, featuring rusticated granite stone, deep round arches at the ground level, and stacked window bays above. The building's footprint was a narrow rectangle that extended far back from the sidewalk to a dead-end service alley in the rear, creating a deep plan that included

Visible Translated Text Is As Follows: Filed in office Jul 15 1914W. & C. BaileyTRANSCRIPT OF RECORDTHE STATENo. 3Supreme Court of Georgia.October Term, 1914.Filed Jul 15 1914Criminal Docket.11567

Visible Translated Text Is As Follows: No readable text found

Visible Translated Text Is As Follows: FiledIn officeClerk191State of GeorgiavsLeo M. FrankNo.FultonFileTerm 191Atlanta CircuitTranscript of Record

Visible Translated Text Is As Follows: STATE OF GEORGIA,County of Fulton.I Hereby Certify, That the foregoing pages, hereunto attached, contain a true Transcript of such parts of the record as are specified in the Bill of Exceptions and required, by the order of the Presiding Judge, to be sent to theSupreme Courtin the case ofLeo M. FrankvsState of GeorgiaPlaintiff in Error.Defendant in Error.Witness my signature and the seal of Court affixed this the 22 day of July 1914Clerk Superior Court Fulton County, GeorgiaEx-Officio Clerk City Court of Atlanta

Visible Translated Text Is As Follows: demurrer herein previously referred to.E. A. Stephens,Hugh M. Dorsey,Solicitor General.Filed in office this the 5th day of June, 1914.John H. Jones, D. Clk.(ORDER ON DEMURRER.)Upon considering the above and foregoing demurrer and after argument the same is hereby sustained on each and every ground and the motion to set aside the verdict vs., said Leo M. Frank is dismissed.This June 6, 1914.Benj. H. Hill,Judge Superior Court.

Visible Translated Text Is As Follows: within the court room signifying their feelings by applause and other demonstrations; and on the trial, and in the presence of the jury, the trial Judge in open court conferred with the Chief of Police of Atlanta, and the Colonel of the Fifth Georgia Regiment, stationed in Atlanta, which had a natural effect of intimidating the jury, and so influencing them as to make impossible a fair and impartial consideration of Defendant's case; indeed, such demonstrations finally actuated the Court in making the request of Defendant's counsel, Messrs. Rosser and Arnold, as detailed in

Visible Translated Text Is As Follows: been denied the due process of law."The State insists that in no event could this paragraph be pertinent or material, this question having been adjudicated in the decision of the Supreme Court of the State of Georgia in head note 19 in the case of Leo M. Frank against the State of Georgia, adversely to the said Frank's contention as aforesaid, said adjudication being now the law of the case and not, susceptible of being again reviewed and called in question here or elsewhere.2. The following portions of paragraph 7 should be stricken because

Visible Translated Text Is As Follows: SPECIAL DEMURRER.Further, the State demurs specially to the following partsof the petition as aforesaid, and moves the Court to strike thesame because they are wholly immaterial and irrelevant to anyright which the Defendant Leo M. Frank might have even if hewas denied any right, and has not been estopped or did not waive thesame.Said parts demurred to specially are as follows:1. In paragraph 6 of said petition the following language,viz: "Because, Hon. L. S. Roan, stated that the jury had foundthe defendant guilty; that he, the said Judge, had thought aboutthis cause more than

Visible Translated Text Is As Follows: GEORGIA, FULTON COUNTY.(DEURRER.)The State of Georgia responding to the motion to set aside verdict in the above stated case says by way of demurrer:GENERAL DEMURRER.1. Said motion should be dismissed because a motion to set aside a verdict or judgment of the Court should be under the law predicated upon some defect appearing on the face of the pleadings or record, and the motion filed is not one predicated upon any defect appearing on the face of the pleadings or the record.2. Said motion should be dismissed because it affirmatively appears from paragraph 6

Visible Translated Text Is As Follows: (AMENDED MOTION.)GEORGIA, FULTON COUNTY.Now comes Leo M. Frank, and with leave of the Court, amends his above stated motion as follows: By inserting between the word "and" and the words "until after sentence of death," in the last sentence of the paragraph numbered one of said motion, the words "did not know of any waiver of his presence made by his Counsel", so that said sentence as amended will read;"He did not even know that said verdict had been rendered and said jury discharged until after the reception of the verdict and discharge of

Visible Translated Text Is As Follows: STATE OF GEORGIA,COUNTY OF FULTON.In person appeared before me Leo M. Frank, who being dulysworn says: He has read the motion and answer set forth and isfamiliar with the contents thereof. Deponent says that each andall of the statements thereof as to anything which was done orsaid by this deponent and as to anything within the knowledge ofthis deponent are true. Deponent says that all the other state-ments made in said motion he is informed and believes are true.Leo M. Frank.Sworn to and subscribed before me,this 15th day of April, 1914.Montefiore Selig,N. P. Fulton

Visible Translated Text Is As Follows: Monday, owing to the great public excitement, and the Court adjourned from Saturday, 12:00 o'clock P. M., to Monday morning, because he felt it unwise to continue the case that day, owing to the great public excitement, and on Sunday morning the public excitement had not subsided, and was as intense as it was on Saturday previous. And when it was announced that the jury had reached a verdict, the trial Judge went to the court room and found it crowded with spectators, and fearing violence in the court room, the Trial Judge cleared

Visible Translated Text Is As Follows: are windows looking out from the court room into this alley, and that crowds collected therein, and any noises in this alley could be heard in the court room; that these crowds were boisterous, and that on the last day of the trial, after the case had been submitted to the jury, a large and boisterous crowd of several hundred people were standing in the street in front of the court house, and as the Solicitor General came out greeted him with loud and boisterous applause, taking him upon their shoulders and carrying him

Visible Translated Text Is As Follows: had thought about this case more than any other he had evertried; that he was not certain of the defendant's guilt; thatwith all the thought he had put on this case, he was not thorough-ly convinced that Frank was guilty or innocent, but that he didnot have to be convinced; that the jury was convinced; that therewas no room to doubt that; that he felt it to be his duty to orderthat the motion for a new trial be overruled. This defendant saysthat under the provisions of the Fourteenth Amendment to theConstitution of the

Visible Translated Text Is As Follows: involuntary absence of this defendant and while he was confined in jail depriving the proceedings against him of the character of a trial to which he was entitled under the law and depriving him of the hearing and the opportunity to be heard in his own defense to which he was entitled under the law and to which he was entitled under the said provision of the Constitution of the United States; and this defendant claims the protection of said provision.5.Defendant says that the said reception of said verdict in the involuntary absence of

Visible Translated Text Is As Follows: of this defendant while he was so confined in jail, was in violation of and contrary to the provisions of Art. 1, Sect. 1, Par. 3 of the Constitution of the State of Georgia, providing that "no person shall be deprived of life, liberty or property, except by due process of law", the said reception of said verdict during the involuntary absence of this defendant and while he was confined in jail depriving the proceedings against him of the character of a trial to which he was entitled under the law and depriving him

Visible Translated Text Is As Follows: of this defendant to be present at the reception of said verdict, or to agree that this defendant should not be present thereat; and the relation of attorney and client did not give them such authority, though said counsel acted in the most perfect-good faith and in the interest of the personal safety of this defendant. Neither the said conversation, with Judge Roan, nor the purport thereof, was communicated to said Haas, nor did said Haas know thereof until after sentence was pronounced on defendant. (2). Defendant did not give to said Rosser, nor

Visible Translated Text Is As Follows: (MOTION TO SET ASIDE VERDICT.)State of Georgia, No. 9410.Vs. (1). Fulton Superior Court.Leo M. Frank. (1).-----------------------------------------------------GEORGIA, FULTON COUNTY.IN THE SUPERIOR COURT OF FULTON COUNTY, GEORGIA.CONVICTION OF MURDER.MOTION TO SET ASIDE VERDICT.Now comes Leo M. Frank, the defendant in the above stated case, against whom in said case a verdict of guilty of murder was received by the Court on August 25th, 1913, and moves the Court to set aside said verdict for the following reasons:1.Because at the time that said verdict was received, and the jury trying the cause was discharged, this defendant was

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

Visible Translated Text Is As Follows: Filedin officeJul 15 1914C. Bellamy, ClkBILL OF EXCEPTIONSTHE STATEFrankSUPREME COURT OF GEORGIA,October Term, 1914.No. 3FileCriminal Docket.

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Visible Translated Text Is As Follows: Filed in officeJuly 30, 1913ClerkBill of ExceptionsStatevsLeo M. FrankCase No.September Term, 1913Atlanta CircuitClerk

Visible Translated Text Is As Follows: GEORGIA, Fulton County.I Hereby Certify, That the foregoing Bill of Exceptions, hereunto attached, isthe true original Bill of Exceptions in the case stated, to-wit:Leo M. FrankPlaintiff in Error.vs.State of GeorgiaDefendant in Error.and that a copy hereof has been made and filed in this office.Witness my signature and the seal of Court affixedthis the 18 day of July 1914Clerk Superior Court Fulton County, GeorgiaEx-Officio Clerk City Court of Atlanta

Visible Translated Text Is As Follows: The Prison Commissionof the State of GeorgiaMilledgeville, Ga.Aug. 18, 1915Hon. Geo. M. NapierState of GeorgiaPrison CommissionAtlanta, Ga.Dear Sir:I am in receipt of your letter of the 17th inst., in regard to the application of Leo M. Frank for a commutation of his sentence from death to life imprisonment, and in reply thereto will say that I have given the matter careful consideration and have consulted with others in regard to the same. I am of the opinion that the evidence in the case is not sufficient to warrant a commutation of the sentence. I

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Visible Translated Text Is As Follows: the special demurrer, because said ground of demurrer present-ed no good and sufficient reason in law for striking thatportion of the motion of plaintiff in error in said secondground of the special demurrer pointed out, the saidportion of the motion, asmovant contends, being materialand relevant to the assertion. of the righte of movant asset forth in paragraph 7 of his said motion.And plaintiff in error specifies as all the recordmaterial to a clear understanding of the errors complainedof, the following:1. The motion of plaintiff in error, Leo M. Frank, to setaside the verdict of

Visible Translated Text Is As Follows: set up presented no good and sufficient reason in law why the same should be sustained and the motion be dismissed; that said judgment was erroneous in sustaining the sixth ground of the general demurrer, because the ground of demurrer therein set up presented no good and sufficient reason in law why the same should be sustained and the motion be dismissed; that said judgment was erroneous in sustaining the seventh ground of the general demurrer, because the ground of demurrer therein set up presented no good and sufficient reason in law why the

Visible Translated Text Is As Follows: STATE OF GEORGIA,COUNTY OF FULTON.Be it remembered that at the May Term 1914 of the Superior Court of said County, there came on to be heard before Hon. B. H. Hill, Judge of said Court presiding, in the case of the State of Georgia vs. Leo M. Frank, the motion in writing, as amended, of the said Frank, upon the grounds therein set forth, to set aside the verdict of guilty of murder rendered against him in said cause. To the said motion the State of Georgia, by its Solicitor General, interposed its demurrer

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Visible Translated Text Is As Follows: GEORGIA, Fulton County.I Hereby Certify, That the foregoing Bill of Exceptions, hereunto attached, is the true original Bill of Exceptions in the case stated, to-wit:Leo M. FrankPlaintiff in Error.vsThe State of GeorgiaDefendant in Error.and that a copy hereof has been made and filed in this office.Witness my signature and the seal of Court affixed this the 22 day of June 1914Annie M. AnglesClerk Superior Court Fulton County, Georgia,Ex-Officio Clerk City Court of Atlanta.

Visible Translated Text Is As Follows: Case No. ________ Term, 191_Superior CourtsFulton CountyLeo M. Frankvs.State of GeorgiaBill of ExceptionsFiled in office July 19, 191_Clerk

Visible Translated Text Is As Follows: W. M. BradleyFiledOfficeJUN 30 1914No. 32March Term, 1914.FileCriminal DocketBILL OF EXCEPTIONSTHE STATEOFGEORGIA,vs.Frank

Visible Translated Text Is As Follows: 4. The extraordinary motion for new trial, together with the order and the entries thereon, filed on the 16th day of April, 1914.5. The 1st amendment to the extraordinary motion for new trial, together with the order and entries thereon, filed on the 4th day of May, 1914.6. The 2nd amendment to the extraordinary motion for new trial, together with the order and entries thereon, filed on the 4th day of May, 1914.7. The 3rd amendment to the extraordinary motion for new trial, together with the order and entries thereon, filed on the 4th

Visible Translated Text Is As Follows: done certain work for C.W.Burke, and when he employed me to work in this case, he instructed me that nothing was to be done in this case, except to seek the truth and I have never done anything except at Burke's direction, and I have never paid anything except what was just and fair. I have never offered to pay anybody anything to testify in this case, nor ever offered to reward them in any way.The hearing of said extraordinary motion for new trial came to an end on the 6th day of May,

Visible Translated Text Is As Follows: reach the factory until about 8 A.M. Deponent says that, after making application to Miss Flowers for a position,Miss Nellie immediately left the factory; and eaponent is sure that Miss Nellie did not at any time come in contact with Mr. Frank and is further sure that if she had seen him in the factory, she would not have known him, as deponent had never etther seen or pointed out Mr. Frank to her, and Miss Nellie had never told deponent that she knew Mr. Frank. Deponent also says that Miss Nellie never stated

Visible Translated Text Is As Follows: and a very large fat man whose name she does not know, calledon her at her home and that Bea Rosser does not know, calledto make her state that Mr.Frank had been familiar with her at thefactory and that she had seen him acting in a similar way withother girls at the factory; that she said Bea Rosser coaxed herpleased and even got mad with her because she would not swear tothese things for him. Deponent further states eao time that hecalled on her, she always stated that she had always found Mr.Frankto be

Visible Translated Text Is As Follows: the case,and on April 9,1914, I, together with Dan S. LeHon and J.O.Knight, retook the affidavits,hereto attached,marked Exhibits C and D. When affidavit Exhibit D was being taken by J.O.Knight, a Notary Public, Miss Lillie Pettis declined to testify that she did not believe her sister was telling the truth about Mr.Frank winking at her,and that statement was stricken out of the affidavit affidavit.)(The following are the exhibits attached to the above affidavit.)Georgia, Fulton. Personally appeared Mrs.Lillie May Pettis, of No.48 Girard Street, in the city of Atlanta,Fulton County, Georgia, upon oath, deposes and

Visible Translated Text Is As Follows: he believed Leo M.Frank innocent, but that he believed the murder had been committed on the second floor of the factory; that he also believed the hair taken from the lathe machine was that of Mary Phagan's, and that he was entitled to the reward which had been offered for the conviction of the murderer of Mary Phagan. Burke was testifying desirous of seeing the notes of Barrett in getting up the book that Barrett intended getting up on the case and promised to let Burke have them the next morning. Burke explained that

Visible Translated Text Is As Follows: Q. On your hips at all? A. No.Q. Well, did he make any effort at all to pick up your lower limbs?A. Yes sir.Q. And your dress? A. Yes, sir, while I was sitting down talkingto him.Q. How long ago was that? A. It has been two years ago in March.Q. What did you say after staying there? A. Well, did I say?Q. Yes. A. Why, I just quit. I didn't go back any more until Satur-day, and I went back for my money and I found out it didn't suitme. I thought he

Visible Translated Text Is As Follows: I endeavored to get an affidavit from Barrett, but Barrett statedthat he would sign no affidavit for any one. I impressed it uponBarrett that I only wanted the truth, and would be very glad to gowith Barrett before Hugh Dorsey, or Madison Bell, his(Barrett's)attorney before asking him to affix his name thereto, butBarrett refused. I did not authorise Jim Conley or any otherperson to secure railroad passes for the purpose of taking Barrettout of the city. I did tell Barrett that if I should put a lie ofany kind in an affidavit and send

Visible Translated Text Is As Follows: oonversation was had with Conley and hence Conley had no chance to decline it. I was in Conley's cell once or twice for the purpose of giving him medicine, but sometimes in there by myself. Neither of the parties aforesaid told me that I had as much opportunity to go into Conley's cell as they had and they would swear that Con- ley had confessed to me as well as to them, nor did I say to either of them "You are a damn fool; I am not going to mix in it." I

Visible Translated Text Is As Follows: the Clerk, looked over my shoulder and following the whole time I was reading the affidavit to Epps. One or twice there were small mistakes to which Epps called my attention and Epps followed in the minutest manner the whole affidavit, which he afterwards signed. The Clerk, Mr.Cooper then asked Epps if he was willing to swear to the contents of the paper which he had read. Epps then held up his right hand and swore in Mr.Cooper's presence the the affidavit was the truth and nothing but the truth, so help him God.

Visible Translated Text Is As Follows: Black that I would do as he told me to. The next day I went direct-ly to the court house. In the court house I met detective Black andhe told me to go ahead and when I got on the stand to "do just aswell as I had done up to his office". On the stand I was only al-lowed to tell about riding on the car with Mary at the time thatI got on the car as instructed by Black and before I got off thecar. When I was cross examined by Mr.Rosser

Visible Translated Text Is As Follows: there acted suspicious toward her;that he came out ahead of her at nights when she would leave the factory and would look at her and wink at her and that she was "afraid of Frank" and asked me to come to the pencil factory every night to meet her. After this talk with Detective Black he gave me a nickel to buy a coca cola and told me to come back to the inquest which was being held on the second floor in police headquarters building. I did as he told me and after

Visible Translated Text Is As Follows: this day April 26th. I told Black that the Mary Phagan sat in the front seat on the left hand side facing forward and I sat three seats behind her. I did not speak to Mary while on the car, but when we got off the car at Marietta on Forsyth Street, Mary got off ahead of me and I then said "Hello Mary, where are you going." Mary answered "I am going to get my money and go to see the parade, this being Decoration day and a holiday. This was all of

Visible Translated Text Is As Follows: made an affidavit, of date April 25,1914. Said affidavit was read aloud by said Annie Maud Carter and she thereupon signed it and was duly sworn by the notary J.O.Knight. Some of us questioned the said Annie Maud Carter and asked her whether she had received any money or promise of reward of any character and she answered that she had not, and that she had not been coerced or intimated in any way to make said affidavit. She further stated that every statement contained in said affidavit was true.Movert also introduced the following

Visible Translated Text Is As Follows: was paid to Duffy nor did I promise to give him a job at $15. per week, or any other job, to make the affidavit aforesaid. On the contrary, Duffy made it freely and voluntarily and he stated at the time that it was the truth. Dan S. Wilson was also present when the affidavit was taken by Knight. Knight read the affidavit over to Duffy and Duffy stated it was true, held up his right hand and swore to it and signed it before J.O.Knight, notary Public.H. O. KNIGHT, Sworn for the Movent.

Visible Translated Text Is As Follows: B. WILDAUER, OTTO SCHWAB, A.J.GUTHMAN, ALBERT HAAS, ISAAC HAAS,HERMAN J. HAAS, H. REGENSTEIN, sworn for the Movant. On Friday,May 1, 1914, we met J.E.Duffy at the office of the Capital CityChair Company between 8 and 9:30 P.M. Herbert J. Haas was alsopresent. The affidavit of J.E.Duffy executed April 10, 1914, beforeJ.O.Knight was shown and to Duffy and Duffy acknowledged the sig-nature to the affidavit as his and that at the time of signingthe affidavit, he was properly sworn by the notary J.O.Knight;that he received no money or promise of reward or position to makethis

Visible Translated Text Is As Follows: day. I instructed Wrenn to learn from Jones his entire movements on that day and the name of each person whom he met that day. Wrenn afterward returned to me and stated that he had interviewed Jones; that Jones did not witness an accident of any kind on Memorial Day and that he very readily gave his movements on that day, in detail. From the notes furnished me by Wrenn I dictated the affidavit which was signed by Jones on February 16, 1914, after writing the affidavit we located Jones at the corner of

Visible Translated Text Is As Follows: which were thrown on the floor in the trash and certain blue prints found in the desk were placed in the steel cabinet on the fourth floor.GROUND 15.J. W. WRENN, Sworn for the Movent: At the instructions of C.W. Burke I called on Ivy Jones at the railroad freight depot. I represented to Ivey Jones that I was seeking/about an accident and that the injured man had given his (Ivey Jones') name as a witness to the alleged accident. I asked Ivey Jones what he knew regarding the accident that had taken place on

Visible Translated Text Is As Follows: by which I could secure him a pass from Jacksonville to Atlanta, and return, stating that he had a daughter or sister in law whom he desired to visit. I explained to Dalton that while I had friends with the Southern Railway, it would be impossible for me to secure a pass for him or even for myself, owing to the present pass laws. I explained to Dalton that it would be impossible for me to do him a favor of any kind while the Frank case was pending, and Dalton acknowledged to me

Visible Translated Text Is As Follows: stated to me that owing to the fact that I had been a former employ-er of his brother in law, W.H.Barber and further because of thefact that said Barber had spoken very highly of me that he (Dalton)would tell me the truth about his testimony at the trial of Leo M.Frank. He then and there proceeded to freely give me the inform-ation contained in the affidavit which has been presented at thishearing. I wrote out Dalton's statement in long hand at the timehe gave it, and on the following morning I gave the long

Visible Translated Text Is As Follows: pany's factory. I read the attached blank affidavit to Mary Rich, which affidavit is hereto attached and marked Exhibit 'A, and asked Mary Rich if same was the truth, and Mary Rich said, "Yes sir, it is true, except the time should be two thirty P.M. instead of two fifteen P.M." explaining the reason she was positive about the time was because she remembered that as she passed her, with a grip in his hand going toward the Terminal Station; that she asked for the time of day and she said he looked at

Visible Translated Text Is As Follows: prompting her and mentioning her in his office, he did not at any time use the word lasciviousness, but when she went on the witness stand, he did use the word, and asked her if Mr.Frank's character for lasciviousness was good or bad, and she answered bad, in the face of the fact that she did not know the meaning of the word "lasciviousness", and never had it explained to her until today; and since the explanation has been made, and she understands the words, she most emphatically denies that Mr.Frank's character or reputation

Visible Translated Text Is As Follows: DAN S. LEHON. Sworn for the Movant.I was present when Mrs.Mamie Edwards made an affidavit,dated Apr.13,1914, before Daniel Irwin Mclntyre, which affidavit was taken in the Leo M.Frank case to be used upon application for new trial.I heard said Mclntyre read the affidavit to Mrs.Mamie Edwards, heard her say that it was true and saw her sign it.GROUND 11.LEMMIE QUINN. Sworn for the Movant.On the 26th day of January,1914, I introduced Marie Karst to G.W.Burke,while they were in the store of J.H.Nunnally on Peachtree Street in Atlanta,Georgia,and the said G.W.Burke then and there told

Visible Translated Text Is As Follows: his hands on Mary Phagan, and that she had seen him whisper to her or talk to her with his face close to hers. Maggie Griffin and Dewey Howell left the large room described two or three times together, and returned together and I heard Dewey Howell say repeatedly that she was afraid she would forget all Maggie had told her to say when she went into the court house, and Maggie said, "We will go over it again, so you won't forget it." This was repeated several times. I recall hearing Dewey Howell

Visible Translated Text Is As Follows: Frank and asserted that he was a very bad man. I told him that I knew absolutely nothing against Mr.Frank's character. Mr.Dorsey insisted that I did, and persisted in the statement that he was of bad character. He asked if I had ever been in Mr.Frank's office. I told him that I had on several occasions, always on business errands connected with the work I was performing at the factory. He then asserted that I had been in Mr.Frank's office, with him alone, to keep dates for purposes other than business, to which I

Visible Translated Text Is As Follows: sworn to by the said Ruth Robertson before G.W.Burke,Notary Publicof Fulton County, a copy of which affidavit is hereto annexed andmade a part of this affidavit. When the said Ruth Robertson relatedthe facts and statements contained in the affidavit, she and I werethe only persons in my rooms at the said Hotel Weinhoff. I person-ally wrote out her statement of facts in long hand as she talkedand later dictated them to a stenographer in the form of the affi-davit that she later executed. The said Ruth Robertson met me inthe evening of the 20th

Visible Translated Text Is As Follows: Q. Now - (Mr. Rosser: Don't lead). Q. What would he do and what would he do when he would be talking to her and she would be putting the rubbers in pencils? A. Well, he would put those rubbers in pencils? A. He would just show her.Q. What would he make her do when he would put those rubbers in pencils? A. He would just show her.Q. How would he show her? A. He would take up the pencils and show her how to do it.Q. Show her - how would he show

Visible Translated Text Is As Follows: Pulliam Street.Deponent says that when he reached the Selig home on Saturday, April 26th, that his wife was preparing the noon time meal, but had not yet served it, and that she did not serve the meal before he left the house.Deponent says that he did not see Mr.Frank at all on April 26, 1913 and that his evidence in the trial of Mr.Frank was the result of a plan perfected by W.J.Burns and others to collect the reward offered for the arrest and conviction of the murderer of Mary Phagan.Deponent says he told

Visible Translated Text Is As Follows: interviewed one Albert McKnight in the Gould Building, in the Cityof Atlanta, Georgia, and the result of my interview with Albert Mo-Knight appeared in the Sunday issue of the Hearst's Sunday Americanof February 22, 1914, and said interview correctly appeared therein.I closely questioned Albert McKnight regarding the affidavit re-ferred to, and McKnight stated to me that the affidavit made to C.W. Burke, a notary public for Fulton County, Georgia, on January 19,1914, was in every way the truth. I asked him if C.W.Burke or anyother person offered him any inducement or reward for the

Visible Translated Text Is As Follows: he asked Mr. Craven to give it back and Mr.Craven had refused and told him the statement had already been given to the detectives and if he, McKnight, did not now stick to the story, he would surely get in trouble. McKnight told me that twice during his period of testimony on the witness stand he came very near coming right out with the truth and would have done so had lesser kept after him a little longer. He also said that if Mr.Frank was ever tried again that he had told his wife

Visible Translated Text Is As Follows: told me that he had given false testimony at the trial of Leo M. Frank and expressed his sorrow for having done so.DR. THOS. H. HANCOK, Sworn for the Movant. On Sunday, March 22nd 1914, in company with Detective W.J.Burns, Attorney H.J.Haas and C.W.Burke, I called on Albert McKnight, who was a patient at the colored hospital known as Fair Haven Infirmary on West Mitchell Street, in the city of Atlanta, Georgia. I heard Detective Burns questioning Albert McKnight regarding the affidavit that McKnight had made to C.W.Burke on January 1914, and heard the

Visible Translated Text Is As Follows: Atlanta,was the man who induced him, McKnight, to swear falsely.I heard C.W.Burke tell McKnight to explain to all present what, ifany,offers said Burke made to him in order to secure his affidavitand McKnight replied that Mr.Burke had made no offers to him of anykind, and further said that Mr.Burke had not talked religion tohim,and that he had only told Mr.Burke the truth. Before affixingmy signature hereto I have carefully read the original affidavitsigned by said Albert McKnight,dated January 19,1914, and recognizein the contents thereof precisely the same statement Albert McKnightmade to me and others

Visible Translated Text Is As Follows: FRED LYNN Sworn for the Movant: On Tuesday, April 14, 1914, I was in an automobile with Dan S. Lehon, Dan McIntyre and C.W.Burke, and I was driving said automobile. When the streets of Glenn and Pulliam were reached, we met a negro man and his name was Albert McKnight and who C.W.Burke said was Albert McKnight. I heard Dan S.Lehon questioning said Albert McKnight with reference to an affidavit which he had made to C.W.Burke on January 19,1914, and I heard Dan S.Lehon read said affidavit to McKnight and McKnight stated that it

Visible Translated Text Is As Follows: to McKnight, who held up his right hand and swore that every word contained therein was the truth in every respect.DAM McINTYRE, JR., sworn for the Movant. On Tuesday, May April 14, 1914, I was in an automobile with Dan S. Lehon and C.W.Burke, and Fred Lynn, who was the chauffeur driving the car. When the streets of Glynn and Pulliam in the City of Atlanta were reached, we met a negro who said that his name was Albert McKnight and who C.W.Burke also said was Albert McKnight. I heard Dan S. Lehon questioning

Visible Translated Text Is As Follows: and told the truth as it had relieved his mind and that he hoped the affidavit would undo the wrong that he had done to Leo M. Frank. The first time C.W.Burke called on me and my husband, the said C.W. Burke did not ask my husband to sign an affidavit, but that he had outlined to Albert the great wrong it was to lie and told him that even though it was possible to deceive the people on this earth, he could not deceive God Almighty. Mr.Burke told Albert on the occasion of

Visible Translated Text Is As Follows: that every word he had stated in his affidavit to me was the truth. And while Burns was talking to McKnight I interrupted and asked McKnight to tell Burns and the others what, if anything I had promised him for making the affidavit, and McKnight told them I had promised him nothing,or made any inducement to him of any kind for making his affidavit, that he had simply done so because of his conscience and had hurt him and he was sorry he had lied about Frank. I did not ask Albert McKnight while

Visible Translated Text Is As Follows: the City of Atlanta, for almost five years passedFurther deposing, deponent says that she is acquainted withLeo M.Frank and also R.P.Barrett, and knew Mary Phagan well, andknew the color of her hair.Further deposing, deponent says that on Monday, April 28th,she was at the National Pencil Factory, and Magnolia Kennedy calledher attention to the hair on a corner machine that R.P.Barrettwas alleged to have found there, and at that time she gave it asher opinion that the hair on the machine was not that ofMary Phagan, as it was entirely too light to be the

Visible Translated Text Is As Follows: REBUTTAL ON BEHALF OF MOVANT.GROUP 2.DR. H. F. HARRIS, Movant introduced the following testimony ofDr. H. F. Harris, delivered on cross-examination at the original trial:"Q. What did he (Mr. Dorsey) tell you to examine? What parts of thebody did he tell you to examine? A. He told me he wanted me toexamine the stomach and tell him all I could about it.Q. Had you, in your own mind, what you were seeking? A. Therewas some question of poisoning and you were seeking to determine bytest for poison. A. Yes, sir.Q. Did you make a

Visible Translated Text Is As Follows: March Term, 1912, of Fulton Superior Court, against L. P. Eubanke, John B. Hairston, B. Z. Spencer, A. L. Jesse and J. R. Miles, charging the parties named with the offense of car breaking on the 27th day of November, 1911, and upon said indictment appears an entry of nolle prosequi dated June 27, 1912, signed by the presiding judge.The State likewise introduced an indictment found at the March Term, 1912, of the Fulton Superior Court, against L. P. Eubanke, John B. Hairston, B. Z. Spencer, A. L. Jesse and J. R. Miles, charging

Visible Translated Text Is As Follows: R. Miles, charging the parties named with the offense of car breaking on the 2nd day of February, 1912, and upon said indictment is an entry of nolle prosequi by the presiding judge, dated June 27, 1912.The State likewise introduced an indictment found at March Term, 1912, of Fulton Superior Court, against Hal Cline, A. Casey, McHenry Hatmaker, Jesse Duffy, A. L. Jesse and L. P. Eubanks, charging the parties named with the offense of car breaking on February 8, 1912, and upon said indictment is an entry of nolle prosequi, signed by the

Visible Translated Text Is As Follows: The State introduced the following documentary evidenceto-wit:Certified copy of an indictment against George Wrennfound at May Term, 1912, of Fulton Superior Court, in whichit was charged that on the 17th day of April, 1912, thesaid George Wrenn did steal certain jewelry, a detailed des-cription of which is set forth, of the alleged value of$28,437.88, the same being the property of S. and H. Gileey.Upon said indictment was a verdict of guilty dated October30, 1912, and the sentence by the court that the said GeorgeWrenn serve twelve months upon the Public Works of FultonCounty.The State

Visible Translated Text Is As Follows: name was something like 'Stoll'. I am not sure about this name.The affidavit stated that the maker was 28 years old; that he wasa citizen of Chicago, Ill. and said that he was with the SalvationArmy in Atlanta when the murder of Mary Phagan happened and was atthe rear of the National Pencil Factory's place of business on theafternoon of April 26th, 1913. The affidavit said he left becausesentiment was so strong that he was afraid he would get into sometrouble. The affidavit stated that he told a detective about thematters testified to in

Visible Translated Text Is As Follows: was the truth. I then went in and told W.J. Burns that Allen said he would make that affidavit but it would be a lie. Then Burns said 'I will talk to him in a few minutes.' In a few minutes Burns went back and got Allen and brought him in his office. Burns then said to Allen 'You God damn bastard, you are not loyal to those policemen and you are telling me a damn lie and you just as well come on across and tell me all about it.' After this the

Visible Translated Text Is As Follows: to get Allen in a good humor. Burke said 'Tell Allen that the detectives and Dorsey will all be down and out and we will be up; so don't be afraid on their account and make an affidavit.'"I left Atlanta on April 2nd, 1914 and arrived at Chicago on April 3d. I went to the office of Thos. Dames' Detective Agency in Chicago in the Transportation building. I met there Aaron Allen. Allen told me that Burns' crowd had arrested him in Indianapolis and had brought him to Chicago. Allen furthermore stated that he

Visible Translated Text Is As Follows: heard a girl crying in the National Pencil Company's place of business about 2:30 o'clock in the afternoon, in the basement. He said that they wanted to find William Calhoun to show by him that the detectives had him down at the station house to talk with Jim Conley. He said that Conley stated to the detectives that he could show by Calhoun that he didn't pull the staple on the basement door at the basement of the factory and that if the detectives found Calhoun and had him down there and confronted him